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HomeMy WebLinkAboutMarch 26, 2009 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday March 26, 2009 7:00 p.m. 7:30, 7:40 & 7:50 p.m. - Public Meetings - Planning (Zoning) Notice of Intent to Pass a By-Law for Road Closure Lots 10 & 11, Conc. 8 Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a Minutes of Budget meeting held Tuesday, March 3, 2009. (b Minutes of the regular meeting of council held March 5, 2009. (c Minutes of the Special meeting held March 9, 2009. (d Minutes of the Budget meeting held March 9, 2009. (e Added Item(s) 4.DELEGATIONS (a 7:05 p.m. - Wanda Hoshal regarding new burial information (not available at time of printing) (b 7:15 p.m. - Isaac Froese regarding temporary housing for labourers Item 6.1(a) (c 8:05 p.m. - Doug Lester, Otter Valley Chamber of Commerce regarding Dredging Application process (d 8:15 p.m. - Mary Taylor regarding Vienna library closure Item 6.1(a) 11-13 15-25 27-28 29-30 Page 1 of 303 Council Agenda March 26, 2009 Page 4.DELEGATIONS (e 8:30 p.m. - Ryan Cox, OPP Detachment Commander and John Wilson, Police Services Board regarding 2009 Annual Report and PSB Budget Item 8(b) 5.INFORMATION ITEMS (a Copy of Resolution passed February 11, 2009 by the City of Greater Sudbury regarding "Regulation and Provision of Resources to Monitor Retirement Homes". File: C10 (b Copy of Resolution passed March 10, 2009 by the Municipality of South Bruce regarding funding to Ontario Conservation Authorities. File: C10 (c Correspondence dated March 5, 9, 13, 17 and 20, 2009 from Association of Municipalities of Ontario regarding "Pedestrian-Focused Communities Events for Municipalities", "Pesticides Ban", "Province Hosting Workshops on Renewable Energy Approval Process Proposed in Bill 150 (Green Energy Act)", "Federal Rules changed for Building Canada Fund Projects with Provincial Environmental Assessments until 2011" and "Province Announces Poverty Reduction Measures: New Housing Funding and Increase to Provinically Funded Ontario Child Benefit". File: A01 (d Correspondence dated March 4, 2009 from Ontario Good Roads Association regarding "Ontario's Cosmetic Pesticides Ban Will Take Effect This Spring". File: A01 (e Correspondence from Local Authority Services Ltd. regarding "LAS Launches The Municipal Energy Performance Benchmarking Project". File: F12 (f Minutes of Bayham Historical Society meeting held February 12, 2009. File: C06 (g Minutes of Bayham Health & Safety Committee meeting held February 27, 2009. File: C06 (h Minutes of Museums Bayham meeting held March 11, 2009. File: C06 (i Correspondence dated January 2009 from FUNdraising Friday Committee regarding "Walk Across Canada in a Day - Friday, May 1st, 2009". 31-32 33 35-43 45 47-49 51-54 55-56 57-59 61 Page 2 of 303 Council Agenda March 26, 2009 Page 5.INFORMATION ITEMS File: A01 (j "UPDATE" dated February 2009 from Ministry of Municipal Affairs and Housing. File: A16 (k Correspondence received March 3, 2009 from Polaris Institute regarding "Encouraging the consumption of tap water over bottled water". File: A01 (l Correspondence dated March 4, 2009 from Canada Border Services Agency regarding "Document requirements to enter the United States by land and water". File: A16 (m Correspondence dated March 2, 2009 from Elgin County Rural Initiatives Committee "Snow clearing at the Canada Post community mailboxes". File: A16 (n Correspondence dated March 2, 2009 from County of Elgin regarding "The Cost and Implementation Schedule of the New AODA Standards". File: A16 (o Correspondence dated March 2, 2009 from Ontario Small Urban Municipalities regarding "2009 OSUM Conference & Trade Show". File: A04 (p Correspondence dated March, 2009 from Minister Responsible for Seniors regarding "2009 Senior of the Year Awards". File: A16 (q Corespondence received March 10, 2009 from Senior Vice-President, Corporate Social Reponsibility, Canada Post regarding "The 2009 Canada Post Community Literacy Awards". File: M02 (r Correspondence from Parks Canada regarding "National Historic Sites of Canada Cost-Sharing Program". File: A16 (s Correspondence dated March 2, 1009 from Municipality of Thames Centre regarding "Municipal Impact - Collapse of Recycled Materials Commodities Market". File: A16 (t Correspondence dated March 16, 2009 from Ministry of Energy and Infrastructure and Ministry of Agriculture, Food and Rural Affairs regarding "OSWAP-2 funding". 63 65-68 69-71 73 75 77-78 79 81 83 85 87-88 Page 3 of 303 Council Agenda March 26, 2009 Page 5.INFORMATION ITEMS File: F11 (u Correspondence dated March 16, 2009 from Ministry of Municipal Affairs and Housing regarding "Earth Hour". File: A16 (v Correspondence dated March 16, 2009 from Ministry of the Environment and Ministry of Natural Resources regarding "Implementation of the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement". File: A16 (w Correspondence dated February 6, 2009 from Statistics Canada regarding "Data warehouse about small and medium enterprises". File: A16 (x Correspondence received March 17, 2009 from Coaches Association of Ontario regarding "Ontario Coaches Week". File: A01 (y Correspondence dated March 9, 2009 from Hydro One Networks Inc. regarding "Hydro One 2008 Delivery Rate Changes". File: E06 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.CORRESPONDENCE & REPORTS (a)Request from Isaac Froese regarding "Temporary Housing for Labour". File: C13 (b)Correspondence dated March 2, 2009 from IBI Group regarding "Green Energy Act 2009 Review". File: D08 (c)Staff Report D2009-12 regarding Schwartz Consent Application E15/09. File: D10 2.PUBLIC MEETING 89 91-100 101 103 105 107 109-111 113-125 Page 4 of 303 Council Agenda March 26, 2009 Page 1.Public Meeting 7:30 p.m. (a)7:30 p.m. Rezoning Application: to change the zoning on a 0.56 hectare (1.4 acre) parcel from Agricultural (A1) zone to the Rural Residential (RR) Zone submitted by Bill Rimnyak. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2009-09 File D14 4.Public Comments 5.Council Comments and Questions 6.Adjournment (a)Adjournment of Public Meeting (b)Adjournment of Public Meeting 7.Disposition of Item 3.PUBLIC MEETING 1.Public Meeting 7:40 p.m. (a)7:40 p.m. - Rezoning Application to change the zoning on a 56 hectare (138 acre) parcel from Agricultureal (A1-A) zone to Agricultural (A1) zone submitted by Samuel and Mary Schwartz. 127-144 Page 5 of 303 Council Agenda March 26, 2009 Page 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2009-10 regarding Schwartz Rezoning. File: D14 4.Public Comments 5.Council Comments and Questions 6.Adjournment (a)Adjournment of Public Meeting (b)Adjournment of Public Meeting 7.Disposition of Item 4.PUBLIC MEETING 1.Public Meeting 7:50 p.m. (a)7:50 p.m. - Rezoning Application to change the zoning on a 0.46 acre parcel of land from Special Agricultureal (A2) Zone to the Rural Residential (RR) Zone submitted by Nez Farms Limited. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation 145-158 Page 6 of 303 Council Agenda March 26, 2009 Page 3.Staff Presentation (a)Staff Report D2009-11 regarding Nez Farms Limited Rezoning. File: D14 4.Public Comments 5.Council Comments and Questions 6.Adjournment (a)Adjournment of Public Meeting 7.Disposition of Item 7.ROADS, AGRICULTURE & DRAINAGE (a Notice of Intent to Pass Road Closure By-Law Staff Report PR2009-07 regarding Road Closure Application - Lots 10 and 11, Concession 8. File: T09 (b Notice of Project Implementation issued February 2, 2009 by the County of Elgin regarding "Black Bridge Replacement Over Little Otter Creek". File: L07 (c Copy of Resolution passed by the Municipality of Middlesex Centre on February 4, 2009 regarding "Department of Fisheries and Oceans Requirements pertaining to Drainage Works and Bridge Reconstruction". File: C10 (d Event Road Closure Request Form from Straffordville Community Committee regarding "Watermelon Fest". File: R06 8.PROPERTY, BUILDING & PROTECTIVE SERVICES 159-167 169-172 173-174 175 177 Page 7 of 303 Council Agenda March 26, 2009 Page 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a Email correspondence dated March 11, 2009 from Doug Lester requesting "Permission for Contained Fire on Easter Morning". File: C13 (b Request from the Calton Community to use the Municipal sign to advertise Calton Hall Charity Auction. File: C13 (c ELGIN Group Police Services Board 2008 Annual Report and Ontario Provincial Police 2009 Business Plan. File P17 9.FINANCE, ADMINISTRATION & PERSONNEL (a Cheque Register being Cheque #6084 to Cheque #6181 inclusive, except Cheques #6130 and #6148 totaling $1,245,661.24 and Payroll Disbursements for the period ending March 8, 2009 totaling $50,499.79. (b Correspondence dated March 20, 2009 from Mary Taylor regarding "Vienna Library closure". File: C13 (c Staff Report C2009-03 regarding Vienna Library Services. File: R02 (d Staff Report H2009-04 regarding Amendments to Non-Union Personnel Policy. File: H (e Staff Report PR2009-08 regarding Harbour Facilities RFP 2009. File: L04 (f Staff Memorandum PW2009-01 regarding Resolution of Council - 106. File: T00 (g Email correspondence dated March 18, 2009 from County of Elgin requesting waiver of fees for use of the Bayham Community Centre for public meeting. File: T06 (h Staff Report F2009-16 regarding Telus Banking Agreement. File: F04 179 181 183-204 205-220 221-223 225-232 233-236 237-242 243-245 247-252 253-254 Page 8 of 303 Council Agenda March 26, 2009 Page 9.FINANCE, ADMINISTRATION & PERSONNEL (i Staff Report F2009-17 regarding Tax Review Agreement. File: F04 10.ENVIRONMENT (a 2008 Annual Summary Report for Municipal Water Systems. File: E08 (b Staff Report E2009-04 regarding Waste Management Services. File: E07 (c Staff Report F2009-18 regarding Ontario Small Waterworks Assistance. File: F05 11.COMMITTEE OF THE WHOLE (a In Camera. (b Closed session minutes of the Closed Session Budget meeting held Tuesday, March 3, 2009. (c Closed Session minutes of the Regular meeting held Thursday, March 5, 2009. (d Closed Session minutes of the Special Closed Session meeting held Monday, March 9, 2009. (e Confidential Report regarding legal matter. (f Out of Camera. 12.BY-LAWS (a By-Law Z568-2009 A By-Law to further amend Bayham Zoning By-Law Z456-2003 (Rimnyak) (b By-Law Z569-2009 A By-Law to further amend Bayham Zoning By-Law Z569-2009 (Schwartz) 255-256 257-265 267-269 271-296 Page 9 of 303 Council Agenda March 26, 2009 Page 12.BY-LAWS (c By-Law Z570-2009 A By-Law to further amend Bayham Zoning By-Law Z456-2003 (Nez Farms Limited) (d By-Law 2009-032 A By-Law to Stop Up, Close and Convey part of unopened road allowance (Lots 10 & 11, Concession 8) (e By-Law 2009-033 A By-Law to authorize the execution of a lease agreement (Bradfield) (f By-law 2009-034 A By-Law to authorize the execution of an agreement (Walsh) (g By-Law 2009-035 A By-Law to amend Bayham By-Law 2002-98 (Non-Union Personnel Policy) (h By-Law 2009-036 A By-Law to authorize the execution of an agreement (Telus Cash Management Solutions) (i By-Law 2009-037 A By-Law to authorize the execution of an agreement (R&T Tax Management) (j By-Law 2009-038 A By-Law to establish a tax reduction program (Heritage Properties) (k By-Law 2009-041 A By-Law to authorize the execution of an agreement (Ontario Small Waterworks Assistance Program - Part 2) (l By-Law 2009-042 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a Adjournment 297-299 301-303 Page 10 of 303 COUNCIL BUDGET MEETING MINUTES THE CORPOR.A.TION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Tuesday, March 312009 7:00 p.m. The fourth budget meeting of the Council of the Municipality of Bayham was held in the Committee Room. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Wayne Casier, Mark Taylor and Ed Ketchabaw, Administrator Kyle Kruger, Clerk Lynda Millard and Treasurer Suzanna Mantel. The Treasurer vacated the room during the closed session. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF None 3. 2OO9 DRAFT BUDGET (a) 2009 Draft Budget (b) Staff Report F2009-11 regarding Budget 2009. (Report number corrected) Suggestions from the options listed in the report were discussed. There was consensus that the following ltems from the report be implemented: 1. lncrease price of dog tags average of $5/tag; 2. Eliminate dog licensing agent and use administrative measures to promote renewal/sale of tags; 3. lmplement full user-pay system for impounded animals; 4. Reduce recycling pick up to bi-weekly; 5. Reduce parks maintenance by hiring one high school student rather than a university student for the summer months; 6. Reduce museums budget overall by $10,000; 7. Reduce tourism budget overall by $10,000; 8. Allocate $20,000 to Harbour reserve from museums and tourism budgets; 9. lncrease drawfrom policing reserve by $10,000; '10. Fund fire master plan from the flre training reserve by $8,000. Consideration of option #21 in the report resulted in a closed session. Page 1 of 3 Minutes of Budget meeting held Tuesday, March 3, 2009. Page 11 of 303 Council Budget Meeting Minutes 2009-086 Moved by Councillor W Casier Seconded by Councillor E Ketıhãbãw March 3,2009 "THAT the Gouncil do now rise to enter into an "ln Camera" Session of Conrmittee of thsWhole at 7:50 p.m. to discuss: . labour relations or employee negotiations." CARRIED UNANIMOUSLY 2009-087 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Gommittee of the Whole do now rise from the "ln Camera" session at 8:15 p.m." CARRIED UNANIMOUSLY (c) Correspondence dated February 10, 2009 from Duncan McPhail, IPM Chair, regarding lnternational Plowing Match. (from February 19,2009) It was suggested that the per capita funding requested for IPM suppoft be considered from Municipal Assistance. (d) Correspondence dated February 13,2009 from Straffordville Community Committee regarding "Maintenance of Parkette". (from February 19, 200e) There was consensus that the cost of flowers for the parkette be covered by the Municipality and maintenance costs be included in the upcoming landscape contract quotes. (e) Email correspondence dated February 16, 2009 from Doug Lester, President, OVCC regarding "Callfor lmmediate Action on the Port Bunrvell Harbour". (from February 19, 2009) $20,000 allocated to the harbour reserye. Staff was directed to incorporate the changes and bring back the amended version for consideration at the next budget meeting to be held on Monday March 9th at 8:00 p.m. It was noted that vessel-based water rescue was to be considered during this year's budget meetings. 4. BY.LAW (a) By-law 2009-023 A By-law to confirm all actions of Council 2009-088 Page 2 of 3 Minutes of Budget meeting held Tuesday, March 3, 2009. Page 12 of 303 Council Budget Meeting Minutes Moved by Councillor W Casier Seconded by Councillor M Taylor March 3,2009 "THAT conf¡rm¡ng By-law 2009-023 be read a first, second and third time and finally passed." EÛUNAÑtM 5. ADJOURNMENT (a) Adjournment 2009-089 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT the Council meeting be adjourned at 8:35 p.m." CARRIED UNANIMOUSLY MAYOR Page 3 of 3 Minutes of Budget meeting held Tuesday, March 3, 2009. Page 13 of 303 Page 14 of 303 COUNCIL MINUTESI t"* "a**a*^trn* t* r"* *o*rar*r*"rr" au *rr"**r** 93 4 4 Plank Road, Straffordville Thursday, March 5,2009 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, March 5, 2009 in the Council Chambers. Present were Mayor Lynn Acre, Deputy Mayor Cliff Evanitski, Councillors Mark Taylor, Wayne Casier and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Treasurer Suzan¡a Dieleman Mantel and Water Wastewater Superintendent Ed Roloson were in attendance to persent their respective reports. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF'PECUNIARY INTEREST & THE GENERAL NATURE THEREOF None 3. APPROVAL OF MINUTES AND ADDITION OF'AGENDA ITEMS (a) Minutes of the Budget Meeting held February I7 ,2009. 2009-090 Moved by Councillor M Taylor Seconded by Councillor C Evanitski TTTHAT the minutes of the Budget meeting held Februry 17,2009 be approved as circulated.fr CARzuED UNANIMOUSLY (b) Minutes of the regular meeting of council held February 19,2009. 2009-091 Moved by M Taylor Seconded by C Evanitski "THAT the minutes of the regular meeting of Council held February 19, 2009 be approved as circulated." CARRIED TINANIMOUSLY (c) Added Item(s) 2009-092 Moved by M Taylor Seconded by W Casier Page 1 of11 Minutes of the regular meeting of council held March 5, 2009... Page 15 of 303 Council Minutes March 5,2009 1 ofProcedural ByJaw 2002-93, correspondence from OGRA regarding "Support Letter for The Weather Network" and correspondence from Ray Talbot requesting a walkway for tems9(kþnd9+ respectively; AND TIIAT a confidential labour negotiations item be added as a closed session item.tt CARRIED UNANIMOUSLY 4. DELEGATIONS (a) 7:05 p.m. - Vy'anda Hoshal regarding Estherville Cemetery Mrs. Hoshal questioned an update as to whether the Csinos' had granted permission for the dowser to examine the propedy. She was advised that they had not. She questioned whether the Cemeteries Regulation Unit had been contacted and asked to attend to review documents and the Estherville cemetery site. Mayor Acre advised that the letter had been sent and that the municipality is awating a response. The Mayor noted that staff had not been requested to make further contact with the Csinos'. She advised Mrs. Hoshal that the purpose of a delegation to Council is to present new information that has not previously been submitted and suggested that her questions could have been answered by staff. Mrs. Hoshal was given a copy of the letter sent to the Cemeteries Regulation Unit. (b) Mr. Ray Talbot requested and was permitted by Council to speak in regard to his correspondence added to the agenda as item 9(l). Mr. Talbot raised concerns that he had observed a young family walking down the west side curve of the north hill along Plank Road at Vienna. He noted that a truck driver, that must have been experienced and alert, had to swerve for his trailer to miss them. He commented that this was the second such instance he had witnessed and suggested Council consider grading the edge and placing tar, gravel or a sidewalk along the edge. He added that this could also keep the gravel from washing into the catchbasin each time it rains. He felt this is a danger to pedestrians and thanked Council for their consideration. 5. INFORMATION ITEMS (a)Copy of Resolution dated February 9,2009 from the Corporation of the City of Cambridge regarding "Intemet Filtering Software On Computers". File: C10 Conespondence received February 17,2009 from Ontario Association of Fire Chieß regarding "Municipal Politicians Seminar: Firefighting 101". File: A0l Conespondence dated February 19,20 and26,from Association of Municipalities of Ontario regarding "Govemment Releases Draft Employment Standard under AODA for Public Review", "AMO and OMSSA release Joint Paper on Poverty Reduction" and "Minister Smitherman on Infrastructure and Green Energy Act". Page2of11 (b) (c) Minutes of the regular meeting of council held March 5, 2009... Page 16 of 303 Council Minutes March 5,2009 File: Al6 Conespondence dated February 13,2009 from Ministry of Municipal Affairs and(d) Housing regarding "Govemment Expenditure Reshaints". (e) (Ð (e) (h) (Ð Minutes of the Elgin Group Police Services Board meeting held February 4,2009. File: C06 Draft Minutes of Museums Bayham meeeting held February 11,2009. File: C06 Otter Valley Chamber of CommerceÀ4unicipality of Bayham Liason Committee Notes of Meeting held February 18, 2009. File: C06 Copy of County of Elgin Tourism Focus Group Highlights dated February 25, 2009. File: Al6 Long Point Region Conservation Authority Board of Directors minutes of meeting heldFebruary 4,2009. File: C06 2009-093 Moved by Councillor C Evanitski Seconded by Councillor M Taylor "THAT information items 5(a) through 5(i) be received for information." CARRIED UNANIMOUSLY PLANNING. DEVELOPMENT. RECREATION & TOURISM (a) No items ROADS, AGRICULTURE & DRAINAGE (a) No items PROPERTY. BUILDING & PROTECTIVE SERVICES (a) Building Permit Report for month ending February 2009. File: Pl0 2009-094 Moved by Councillor C Evanitski Seconded by Councillor M Taylor TTTHAT Building Permit Report for the month ending tr'ebruary 28,2009 be received for information. " CARRIED I-INANIMOUSLY 6. 7. Page 3 of 11 Minutes of the regular meeting of council held March 5, 2009... Page 17 of 303 Council Minutes March 5,2009 9. F'INANCE. ADMINISTRATION & PERSOIINEL -(a) -eheque Register being Cheques #6017 to Cheque #6083 inclusive, totaling Sl57 ,243.66 and Payroll Disbursements for the period ending Feb. 22, 2009 totaling $50,856.59. 2009-095 Moved by Councillor W Casier Seconded by Councillor C Evanitski "THAT Cheque Register being Cheques #6017 to Cheque #6083 inclusive, totaling $157 1243.66 and Payroll Disbursements for the period ending Feb.22,2009 totaling $50,856.59 be approved." CARRIED UNANIMOUSLY (b) Staff Report F2009-12 regarding Heritage Property Tax Relief. File: F22.09 2009-096 Moved by Councillor W Casier Seconded by Councillor M Taylor "TH.A.T Staff ReportF2009-12 regarding Heritage Property Tax Relief be received; AND THAT Council direct staff to develop a by-law to offer a tax relief program for designated heritage properties.rr CARRIED UNANIMOUSLY (c) Staff Report F2009-13 regarding Financial Report to February 28,2009. File: F03 2009-097 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Report F2009-13 regarding Financial Reporting to tr'ebruary 28r2009 be received." CARRIED UNANIMOUSLY (d) Staff Report F2009-14 regarding Water Infrastructure Project. File: F05.09 2009-098 Moved by Councillor E Ketchabaw Page4of11 Minutes of the regular meeting of council held March 5, 2009... Page 18 of 303 Council Minutes March 5,2009 Seconded by Councillor W Casier TTTHAT Staff ReportF2009-14 regarding Water Infrastructure Project be received; AND THAT Council direct staff to prepare a Request for Proposal to initiate the water infrastructure project; AND THAT Council direct staff to prepare the necessary bylaws to obtain interim financing; AND THAT $125,000 be drawn from the Municipal Infrastructure Grant to finance the Municipal portion; AND TIIAT Staff prepare the necessary byJaws to implement Option 2 of report F2009-14, with the option for individual property owners to finance over 10 years.tt CARRIED UNANIMOUSLY (e) Memorandum C2009-01 regarding Council Meeting Schedule. File: 409 2009-099 Moved by Councillor C Evanitski Seconded by Councillor M Taylor 'TTHAT Staff Memorandum C2009-01 regarding Council Meeting Schedule be received; AND THAT the 2009 regular monthly Council meeting schedule for March, July and August be amended to rescheduled meetings to the following dates only: March 26th July 16th August 13th AND THAT the regular meeting schedule apply to April, May and June and resume on September 4th." CARzuED UNANIMOUSLY (Ð Email correspondence dated February 24,2009 from Leo and Mary Paquette regarding sewer charges. File: Cl3 2009-100 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier Page 5 of11 Minutes of the regular meeting of council held March 5, 2009... Page 19 of 303 Council Minutes March 5,2009 "THÄT email correspondence from Leo and Mary Paquette regarding se\ryer charges be received for information." CARRIED UNANIMOUSLY (g) Draft By-law No. 2009-022 regardingRichmond Outlet Drain. 2009-101 Moved by Councillor W Casier Seconded by Councillor M Taylor 'TTHAT By-Law No.2009-022,being a ByJaw to amend Provisional ByJaw No. 2008-023, a Bylaw to provide for Drainage Works for the Richmond Outlet Drain, be presented to Council for enactment.r' CARRIED UNANIMOUSLY (h) Memorandum C2009-03 regarding Community Centre Janitorial Agreements. Draft minutes of meeting held February 26,2009 attached. File: 401 2009-t02 Moved by Councillor M Taylor Seconded by Councillor W Casier "THAT Staff Memorandum C2009-03 regarding Community Centre Janitorial,A.greements be received; AI\D THAT Bylaw 2009-024 and By-law 2009-025 and the attached janitorial agreements with Ramona Peidl for the Vienna and Straffordville (Bayham) Community Centres, respectivel¡ be presented to Council for enactment.rr CARzuED UNANIMOUSLY (Ð Staff Memorandum regarding Meeting and Request - Vienna Library / Former Town Hall. File: C13 2009-r03 Moved by Councillor W Casier Seconded by Councillor M Taylor "TIIAT Staff Memorandum regarding Meeting and Request - Vienna Library / Former Town Hall be received; AND THAT Council commits to the request and approves up to $300 to assist with funding of the costs." CARRIED UNANIMOUSLY Page6of1l Minutes of the regular meeting of council held March 5, 2009... Page 20 of 303 Council Minutes March 5,2009 ú) Staff Report C2009-02 regarding Grow Your Own NP Funding / FHT Transt.er. File: Fll 2009-t04 Moved by Councillor E Ketchabaw Seconded by Councillor W Casie "THAT Staff ReportC2009-02 regarding Grow Your Own NP Funding/FHT Transfer be received; AND THAT ByJaw No 2009-026, being a byJaw to authorize execution of an agreement with East Elgin Family Health Team regarding the provision of Nurse Practitioner Services, be presented to Council for enactment." CARRIED LINANIMOUSLY (k) Correspondence dated Mar 2,2009 from OGRA regarding "Support Letter for The Weather Network". File: 416 2009-10s Moved by Councillor W Casier Seconded by Councillor M Taylor I'THAT correspondence dated March 2,2009 from OGRA regarding "Support Letter for The Weather Network" be received; AND THAT Council support the application to keep The Weather Network on basic cable." CARRIED UNANIMOUSLY (l) Correspondence dated March 2,2009 from Ray Talbot requesting Council consider a sidewalk or walkway for pedestrians down Vienna Hill (Plank Road). File: C13 2009-106 Moved by Councillor M Taylor Seconded by Councillor W Casier "THÁ.T correspondence dated March 2,2009 from Ray Talbot requesting Council consider a sidewalk or walkway for pedestrians down Vienna Hill be referred to Staff for comment." CARRIED UNANIMOUSLY 10. ENVIRONMENT Page 7 ofll Minutes of the regular meeting of council held March 5, 2009... Page 21 of 303 Council Minutes March 5,2009 (a) StaffReport 82009-003 regarding Municipal Drinking Water Licensing Program. File: U10 2009-r07 Moved by Councillor W Casier Seconded by Councillor C Evanitski "TIIAT Staff Report 82009-003 regarding Municipal Drinking Water Licensing Program be received; ÄND THAT Council endorse the Municipality of Bayham Water Distribution System Operational Plan; AND THAT the Plan be reviewed annually with revisions made as necessary to maintain and continually improve the quality management system.tt CARRIED TINANIMOUSLY (b) Staff Report 82009-002 regarding Sanitary Sewage Capacily Study. File: E01 2009- 108 Moved by Councillor M Taylor Seconded by Councillor C Evanitski "THAT Staff Report 82009-002 and the Municipality of Bayham Sanitary Sewage Capacity Study be received for information.r' CARRIED UNANIMOUSLY (c) 2008 Annual Report for the Elgin Area Primary Water Supply System. File: E08 2009-r09 Moved by Councillor C Evanitski Seconded by Councillor E Ketchabaw "THAT the 2008 Annual Report for the Elgin Area Primary Water Supply System be received for information." CARRIED UNANIMOUSLY 11. COMMITTEE OF THE WHOLE (a) In Camera. 2009-lr0 Moved by W Casier Page 8 of11 Minutes of the regular meeting of council held March 5, 2009... Page 22 of 303 Council Minutes March 5,2009 Seconded by C Evanitski "THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:40 p.m. to discuss: o personal matters about an identifiable individual, including municipal or local board employees; . labour relations or employee negotiations." CARRIED UNANIMOUSLY 2009-IIt Moved by Councillor C Evanitski Seconded by Councillor W Casier "THAT the Committee of the Whole do now rise from the "In Camera" session at 9:10 p.m." CARzuED IINANIMOUSLY (b) Closed Session minutes of the regular Council meeting held Februray 19,2009. (c) Closed Session minutes of the Bayham Community Centres Committee meeting held February 26,2009. (d) Confidential Report regarding employee negotiations. (e) Confidential Report regarding personal matter, from February 19, 2009 meeting. 2009-tt2 Moved by Councillor E Ketchabaw Seconded by Councillor C Evanitski "THAT Staff Report H2009-03 regarding Customer Service Clerk / Receptionist be received; AND THAT Staff be authorized to finalize an employment agreement with Leann Walsh as outlined in Report H2009-03." CARRIED UNANIMOUSLY (Ð Confidential Report regarding personal matter. 2009-t13 Moved by Councillor E Ketchabaw Seconded by Councillor C Evanitski TTTHAT Mr. Ed Bradfield be hired for the position of Public Works Operations Supervisor with terms of employment as outlined in Report H2009-10." CARRIED I.INANIMOUSLY Page 9 of 11 Minutes of the regular meeting of council held March 5, 2009... Page 23 of 303 Council Minutes March 5,2009 (g) Out of Camera. As above 12. BY-LAWS (a) By-law 2009-022 A By-law to amend Provisional By-law 2008-023 (Richmond Outlet Drain) (b) By-law 2009-024 A By-law to authorize the execution of an agreement (Peidl) (c) By-law 2009-025 A By-law to authorize the execution of an agreement (Peidl) (d) By-law 2009-026 A By-law to authorize the execution of an agreement (East Elgin Family Health Team) 2009-tt4 Moved by Councillor M Taylor Seconded by Councillor C Evanitski ' I THAT ByJaws 2009-022, 2009 -024, 2009 -025 and 2009-0 26 b e r ead a first, second and third time and finally passed." CARRIED IINANIMOUSLY (e) By-law 2009-027 A By-law to confirm all actions of Council 2009-lr5 Moved by Councillor C Evanitski Seconded by Councillor M Taylor 12 "THAT confirmins By-law 2009-027 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 13. ADJOURNMENT (a) Adjournment 2009-tt6 Moved by M Taylor Seconded by C Evanitski 'TTHAT the Council meeting be adjournedú9:14 p.m." CARRIED UNANIMOUSLY Page 10 of 1 1 Minutes of the regular meeting of council held March 5, 2009... Page 24 of 303 Council Minutes March 5,2009 MAYOR Page 11 of11 Minutes of the regular meeting of council held March 5, 2009... Page 25 of 303 Page 26 of 303 COUNCIL SPECIAL MEETING MINUTES THE CORPORATION OF THE MUNICIPALITY OF'BAYHAM 9344 Plank Road, Straffordville Monday, March 9,2009 7:00 p.m. A Special meeting of the Council of the Municipality of Bayham was held in the Committee Room. Present were Mayor Lynn Acre, Councillors Wayne Casier, Mark Taylor and Ed Ketchabaw, Administrator Kyle Kruger and Clerk Lynda Millard. Deputy Mayor Cliff Evanitski, was absent. 1. CALL TO ORDER Mayor Acre called the meeting to order at 7:00 p.m. 2. DECLARÄTION OF'PECUNIARY INTEREST AND THE GENERAL NÄTURE THER.EOF None 3. COMMITTEE OF'THE WHOLE (a) In Camera 2009-lt7 Moved by Councillor E Ketchabaw Seconded by Councillor W Casie "THAT the Council do now rise to enter into an I'In Camera" Session of Committee of the Whole at 7:00 p.m. to discuss: o a proposed or pending acquisition or disposition of land by the municipality or local board." CARRIED UNANIMOUSLY (b) Delegation 7:00 p.m. Mark Sandeman from Small Craft Harbours and Rick Kuiiluk from Department of Fisheries & Oceans regarding a confidential matter. (c) Out of Camera 2009-1 18 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Committee of the Whole do now rise from the "In Camera" session at 8:10 p.m." CARRIED UNANIMOUSLY 4. BY-LAW Page I of2 Minutes of the Special meeting held March 9, 2009. Page 27 of 303 Council Special Meeting Minutes March 9,2009 (a) By-law 2009-028 A By-law to confirm all actions of Council 2009-tr9 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier 'TTHAT confirming By-law 2009-028 be read a first, second and third time and finally passed.f' CARRIED UNANIMOUSLY 5. ADJOURNMENT (a) Adjournment 2009-r20 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier 'TTHAT the Council meeting be adjourned at 8:11 p.m.." CARzuED TINANIMOUSLY MAYOR Page2 of2 Minutes of the Special meeting held March 9, 2009. Page 28 of 303 COUNCIL BUDGET MEETING MINUTES THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Monday, March 9,2009 8:00 p.m. The fifth Budget meeting of the Council of the Municipality of Bayham was held in the Committee Room. Present were Mayor Lynn Acre, Councillors Wayne Casier, Mark Taylor and Ed Ketchabaw, Administrator Kyle Kruger, Clerk Lynda Millard and Treasurer Suzanna Mantel. Deputy Mayor Cliff Evanitski was absent. 1. CALL TO ORDER The start of the meeting was delayed until 8:15 due to the late finish of the specialmeeting. Mayor Acre called the meeting to order at 8:15. 2. DECLARATION OF PECUNIARY INTEREST AND THEGENEBAL NATURE THEREOF None 3. 2OO9 DRAFT BUDGET (a) Staff Report P2009-010 regarding Vessel (Boat)Rescue Services was added to the agenda and d¡scussed prior to the Budget Memo. File: P16 Staff Report P2009-010 was circulated by staff. ln response to questions from Council, Fire Chief Groeneveld advised that in order for the employer to demonstrate responsibility in vessel-based rescue services, the Med A3 certification was included in the estimated third party training costs. (b) Staff Memorandum Number 12 regarding Proposed 2009 Budget. The Treasurer circulated and reviewed the Memo #12daled March 9. She advised that the items had been incorporated in the budget document in accordance with Council direction from the budget meeting held March 3rd. She noted that, due to increased revenues from interest on outstanding taxes and investments in 2008 year end totals, she had increased the 2009 estimates by $4,000 and $10,000, respectively. She advised that $40,000 for parks equipment is included in the $754,386 to be raised from the capital tax levy. As the capital tax levy requirement was greater than the targeted tax levy by $14,330, Council determined to utilize $14,000 from the unallocated provincial infrastructure reserve to fund new street lights/street light renewal and reduce the tax levy requirement by a corresponding amount. This permitted the 3% capital tax levy targetted increase to be maintained. Page 1 of 2 Minutes of the Budget meeting held March 9, 2009. Page 29 of 303 Council Budget Meeting Minutes 4. BY.LAW March 9,2009 (a) By-law 2009-029 A By-law to adopt the 2009 Capital Budget 2009-121 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT By-law 2009-029 being a By-law to adopt the Capital Estimates for the year 2009 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY By-law 2009-030 A By-law to adopt the 2009 Operating Budget No action taken on this item. By-law 2009-031 A By-law to confirm all actions of Council 2009-122 Moved by Councillor M Taylor Seconded by Councillor E Ketchabaw "THAT confirming By-law 2009-031 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY 5. ADJOURNMENT (a) Adjournment 2009-123 Moved by Councillor E Ketchabaw Seconded by Councillor M Taylor "THAT the Council meeting be adjourned at 8:47 p.m." CARRIED UNANIMOUSLY MAYOR (b) (c) Page 2 of 2 Minutes of the Budget meeting held March 9, 2009. Page 30 of 303 City ofGreater Sudbury Ville du Gmnd Sudbury PO BOX 5OO STN A 2OO BRADY STREET SI]DBIJRY ON P3A 5P3 CPsOO SUCC A 2OO, RI]E BRADY STJDBURY ON P3A 5P3 705-671-2489 wrvw. gleatersudbury. ca www.grandsudbury.ca February 26,2009 All Ontario Municipalities The following resolution #2009-65 was passed by Council of the City of Greater Sudbury on February 11,2009: WHEREAS in 2001 the Mayor and Council's Roundtable on Seniors' lssues recognized the need to regulate rest and retirement homes; AND WHEREAS a working group of the Mayor and Council's Roundtable on Seniors' lssues was established in September 2001 and since that time the working group has gathered information and feedback from municipal officials and received input from privately owned retirement homes, advisory groups, residents and families; AND WHEREAS the 2006 Ontario budget stated "the Government will continue to improve efficiency and accountability by engaging in formal consultations in 2006/2007, through the Ontario's Seniors' Secretariat, with the goal of establishing a new legulatory framework for strengthening standards of care in Ontario's retirement homes"; AND WHEREAS the Assistant Deputy Minister, Mr. Geoff Quirt, met with the Mayor and Council's Roundtable on Seniors' lssues in 2006; AND WHEREAS the findings of the consultation which were distributed in April2007 recommended the need to regulate retirement homes; AND WHEREAS to date it appears that the Provincial Government has made no progress in implementing legislation to address this need; AND WHEREAS there have been recent incidents that have resulted in residents of retirement homes being placed in life threatening situations such as a recent fire in Orillia that resulted in the unfortunate death and hospitalization of many residents THEREFORE BE lT RESOLVED THAT the Council of the City of Greater Sudbury lobby all Ontario municipalities to have the Ontario provincial government take immediate action and pass the legislation that will regulate and provide resources to monitor all retirement homes and provide a safe home environment to those seniors who are most vulnerable; ....2 Copy of Resolution passed February 11, 2009 by the City of G... Page 31 of 303 -2- AND THAT this resolution be forwarded to The Honourable Rick Bartolucci, M.P.P., Minister of Community Safety and Correctional Services. Yours truly I lh-k lfb Angie Haché City Clerk cc: Councillor Ted Callaghan, Co-Chair, Mayor and Council's Advisory Panel on Seniors'lssues Anadel Hastie, Co-Chair, Mayor and Council's Advisory Panel on Seniors' lssues G. Forget-Rose, Gommunity Development Go-ordinator DISCIAIMER This mater¡al is prouided under contract as a pa¡d seruice by the originating organ¡zation and does not necessar¡ly reflect lhe view or positions of the Association of Municþalities of Ontario (AMO), ils subsidiary companies, offrcers, d¡reclors or agents. Copy of Resolution passed February 11, 2009 by the City of G... Page 32 of 303 MUNICIPALITY OF SOUTH BRUCE DATE: March 10, 2009 MOTION #M09-099 MOVED BY: Les Nichols SECONDED BY: Mike McDonagh WHEREAS all citizens of Ontario benefit , value and continue to demand increased seruices from Ontario's thifi six (36) Conseruation authorities in their mandated areas of water, source water and environmental protection; AND WHEREAS provincial funding to Ontario's Conservation Authorities has decreased by 87% since 1992 - (MNR funding transfer to C.A's - L992 = $58,900,000 - 2005 = $7'600'000) AND WHEREAS due to the shortfall in provincial funding; member municipalities now are required to fund approximately 40o/o of the Ontario Conservation Authorities budgets; AND WHEREAS this results in an unfair per capita cost burden on properlry owners; THEREFORE BE IT RESOLVED that the Municipality of South Bruce request the following action: 1. that Conseryation Ontario implement and prioritize a major lobby effort against the Provincial Government and MNR to demand fair funding. 2. that our MPP's support this mandate and demand the government significantly increase funding to the thirty six Ontario Conservation Authorities AND THAT this resolution be forwarded with a request for action to: Conseruation Ontario Ontario Ministry of Natural Resources Local MPP's Saugeen Valley and Maitland Valley Conseruation Authorities Rural Ontario Municipalities Association (ROMA) Association for Municipalities of Ontario (AMO) AND FURTHER THAT this resolution be circulated to all AMO member municipalities requesting their suppott. Contact fnformation: Debra B. Roth, CMO Clerþ Municipality of South Bruce 21 Gordon St E., P O Box 540 Teeswater, Ontario NOG 2S0 DISCLAIMER This material is provided under contract as a pa¡d serurèe by the originating organizat¡on and does not necessarily reflect lhe v¡ew or positions of the Association of Municþalities of Ontario (AMO), its subsidiary companies, offrcers, directors or agents' 2 Cl¿ Copy of Resolution passed March 10, 2009 by the Municipality... Page 33 of 303 Page 34 of 303 200 University Ave, Suite 801 Toronto, ON MsH 3Co Tel.: (416) 971-9856 | Fax; (416) 971-6191 E-mail: amo@amo.on.ca FYI No:09-004 I- LL To the attention of the Clerk and Gouncil March 5,2009 FOR MORE INFORMATION GONTAGT: Craig Reid, AMO Senior Policy Advisor (416) 971-9B56 ext 334 t\ \ Pedestrian-Focused Commun¡t¡es Events for Municipalities Ontarians Walking Now (OWN) is a two year project of Green Communities Canada assisting municipalities to focus on pedestrians by using planning processes to create sustainable, healthy and active communities. OWN is offering a series of regional workshops this spring to assist municipal officials in creating walkable communities. Workshop pañicipants will learn of urban and rural success stories and challenges to implementing pedestrian-focused commun¡ties. Participating municipalities will also receive a complementary StepsCount pedometer kit suitable for initiating a library lending or walking program. The workshops will be of interest to: members of council, transpoftation and urban planners, as well as parks, public health, fitness and recreation professionals. The workshop schedule is as follows: April 2 - Markham; Keynote speaker: Jody Rosenblatt Naderi, Associate Professor, School of Landscape Architecture & Urban Planning, Texas A&M University April 6 - Sarnia; Keynote speaker: Gil Penalosa, Executive Director, Walk & Bike for Life April 7 - Oshweken; Gil Penalosa; Executive Director, Walk & Bike for Life April 23 - Ottawa; Keynote speaker: Sandy James, City Planner & Greenways Planner, City of Vancouver May 14 - Blind River; Keynote speaker: Cynthia Nikitin, Vice President, Project for Public Spaces (New York). A two-part webinar version will also be available on May 20 and 27 to focus on the needs of remote northern communities. The workshop cost is $50, with a group rate of $150 for three to five individuals. Webinars are free. For further information and to register, please visit http://canadawalks.calproiect own.asp or contact Mandy Johnson at Green Communities Canad a at 1-877-533-4098 or mjo hnson@q reencom m u n itiesca nada. o rg. This information is available in the Events section of the AMO website at vvww.amo.on.ca. r¡un¡c¡par¡îl:î?ä'li:.ii ^HO1-1 Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 35 of 303 Page 36 of 303 \) 200 University Ave, Suite 801 Toronto, ON MsH 3Co Tel.: (416) 97'l-9856 l Fax (416) 971-6191 E-mail: amo@amo.on.caAÞ-{O Associalion of Municiprlilier of Onl¡rio MEMBER COMMUNICATION ALERT No: 09/015 To the attention of the Clerk and Council March 9,2009 FOR MORE INFORMATION GONTACT: Milena Avramovic , AMO Senior Policy Advisor (416) 971-9856 ext342 F É tUJ Pesticides Ban Issue: Pesticides ban takes effect Apri|22,2009. Background: The ban prohibits the sale and use of pesticides for cosmetic purposes on lawns, gardens, parks anà school yards, and includes many herbicides, fungicides and insecticides. Over 250 þroducts will be bánned for sale and more than 80 pesticide ingredients will be banned for cosmet¡c uses. There are exceptions for public health or safety reasons such as fighting West Nile Virus, killing stinging insects like wasps, or controlling poison ivy and other plants poisonous to the touch. Agriculture and forestry are also exempted. The ban takes the place of existing municipal pesticide bylaws; it establishes one set of rules across the province. The regulation can be viewed at: Action FYI This information is available in the Policy /ssues section of the AMO website at vvt¡ru.amo.on'ca' r,,run¡cipar¡11:îîãl".:fi aìlo 1-1 Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 37 of 303 Page 38 of 303 5 :IN tL To the attention of the clerk and Gouncil FoR MoRE TNFoRMAïoN coNrACr: March 13,200e B::,lr.u^"j:iåy8i?i#in"ï.r"#*' Province Hosting Workshops on Renewable Energy Approvals Process Proposed in Bill 150 (Green Energy Act) lssue: AMO is circulating the invitation (attached) as a courtesy to the Ministry of the Environment. Those interested are invited to contact Zubair Shaheid directly. Ihts rs not an AMO event. Background: Staff from the Ministries of Environment, Municipal Affairs and Housing, and Natural Resources are working with the Ministry of Energy and lnfrastructure to develop a new approvals process for renewable energy projects as set out in Schedules A, E, G, H, and K of the Bill. B¡ll 150 will put planning approvals with the province. Minister Smitherman recognizes that some municipalities do not feel equipped to deal with renewable energy sources, whether biomass, biogas, wind or solar, and that others are having a challenge sorting through health and safety information to develop standards. He also recognizes that some municipalities will not want to see the province take on this function but with an emerging patchwork of planning standards, "the province has decided to assert its interests and is prepared to deal with the outcomes." Those interested in learning more about and providing input into the development of the new process are urged to attend the workshop. Bill 150, the Green Energy and Green Economy Act, 2009 also has the potential to fundamentally transform the legislative and regulatory environment governíng energy conservation, generation, and planning in Ontario. For a synopsis of the numerous schedules in the Bill please see AMO Alert (09/14) from February 26,2009. Action: AMO staff are currently analyzing the Bill and will submit a full submission to the Standing Committee on General Government when it commences its review. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 1-1 rtrunic¡par¡îl:îiätli:.ii aìlo Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 39 of 303 Page 40 of 303 ç MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON M5H 3C6 Tel.: (416) 971-9856 | Far (416) 971-6191 E-mail: amo@amo.on.ca ALERT No: 09/016 To the attention of the Clerk and Council March 17,2009 FOR MORE INFORMATION CONTAGT: Craig Reid , AMO Senior Policy Advisor (416) 971-9856 ext 334 F É lålJ Federal Rules Ghanged for Building Canada Fund Projects w¡th Provincial Environmental Assessments until 2011 lssue: The federal government is moving forward with a two-year rule change for environmental assessments (EA) for projects that have completed provincial and municipal environmental approvals. Background: As part of its Budget tabled in January 2009, the Government of Canada committed to ensuring that infrastructure funding, including the Building Canada Fund (BCF), would be flowed to projects expediently. The government committed in the Budget to review the rules for federally mandated environmental assessments to ensure they did not unnecessarily duplicate municipal and provincial environmental processes and delay infrastructure projects. To deliver on this, the Canadian Environmental Assessment Agency has developed new lnfrastructure Projects EnvironmenfalAssessment Adaptation Regulations which enables a complete provincial EA to be substituted for the federal environmental assessment process, with the approval of the federal Minister of the Environment. The process to be substituted must incf ude consideration of the factors set out in the Canadian Environmental Assessment Act (e.9. significance of adverse environmental effects), and that the public has access to environmental assessment documents and will be given an opportunity to participate. Responsible federal authorities will retain decision-making responsibilities at the end of the environmental assessment which will have been informed by a provincial environmental assessment report. The federal Minister of the Environment will retain the ability to refer a project to a review panel under the Act. ln addition, the federal government has made additions to the Exclusion List Regulations, 2007 to remove the requirement to conduct a federal EA for infrastructure projects which have been shown through federal EA experience to have insignificant effects including such projects as some types of buildings, bus and rapid transit systems, and new water supply systems. However, federal, provincial and municipal environmental laws continue to apply. 'l-2 uun¡c¡par¡îl:î?äiT:fi aHo Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 41 of 303 For road, bridge and transit projects located near environmentally sensitive areas, the regulations continue to require an environmental assessment unless specific criteria are met to provide environmental protection. In order to be excluded, these projects must be consistent with any law or management plan that is in place for that area. In addition, where the sensitive area is protected by the federal government, the total costs of the project must be less than $10M and measures must be in place to protect the area in order to be excluded. Action: For further information, members are encouraged to view the regulations on the Canadian Environmental Assessment Agency web site (http://www.ceaa-acee.oc.cal) available by the afternoon of March 17,2009. The regulations will also be published in a special edition of the Canada Gazette (http://canadaqazette.gc.cal) on Thursday, Marcy 20, 2009. AMO will keep members informed of new information regarding infrastructure programs. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. l--tr HJJ { 2-2 Municipariî::ïJäi?l;li ^llo Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 42 of 303 ÅHl Arsoti¡lior rf Mw:iciprlilíe of Grlario MEMBER COMMUNICATION 200 University Ave, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax (416) 971-6191 E-mail: amo@amo.on.c€l ALERT No: 09/017 To the attention of the Clerk and Council March 20,2009 FOR MORE INFORMATION CONTACT: Brian Rosborough , AMO Director of Policy (416) 971-9856 ext 318 l-- ffi t¿¡J Province Announces Poverty Reduction Measures: New Housing Funding and lncrease to Provincially Funded Ontario Ch¡ld Benefit lssue: Premier McGuinty announced today that the Government of Ontario would match new federal housing investment included in the 2009 federal Budget. The combined federal and provincial investment will equal $1.2 billion over two years. He also announced a proposed increase to the Ontario Child Benefit effective July 1 ,2009. Background: Today's announcement confirmed that the Province will match the approximately $600 million committed by the 2009 federal Budget for a combined provincial and federal investment of approximately $1.2 billion over two years. According to the announcement, the combined federal and provincialfunding will fund the renovation of 50,000 social housing units and build 4,500 new affordable housing units. The provincial and federal governments will each invest: . $352 million to repair social housing units and make them more energy efficient;. $185 million to create new affordable housing for low-income seniors and persons with disabilities; and. $87.5 million to extend the Canada-Ontario Affordable Housing Program. Details about the rollout of this funding are not yet available. The federal funding was included in the 2009 Federal Budget as part of the federal stimulus package. One important outcome of the funding will be the creation of 23,000 short term jobs related to the construction and repair of social housing in Ontario. The Premier also announced that the government is proposing to increase the new Ontario Child Benefit this July, from $600 to a maximum of $1 ,100 per child, per year. The Child Benefit is funded 100 percent by the Province. Action: AMO will work with the Province to ensure that this funding benefits communities in every part of Ontario. AMO will continue to advocate for sustainable federal and provincial investment in social housing. This information is available in the Policy /ssues section of the AMO website at www.amo.on.ca. 1-1 ¡,r unic¡par¡äl:î?ãl?:r"i aFla Correspondence dated March 5, 9, 13, 17 and 20, 2009 from As... Page 43 of 303 Page 44 of 303 U- A*&& fu //^",i,o/,t* æänds p kcepint ¡rrerntrcr.,t i¡¡*'nrlncd, Wednesday, March 4, 2009 Ontario's Cosmetic Pesticides Ban Will Take Effect This Spring On April 22,2009, Earth Day, Ontario's cosmetic pesticides ban will take effect. The requirements of the ban are detailed in Ontario Regulation 63i09 and The Pesticides Act, which was amended by The Cosmetic Pesticides Ban Act, 2008. The provincial ban supersedes local municipal pesticides bylaws. Pesticides cannot be used for cosmetic purposes on lawns, vegetable and ornamental gardens, patios, driveways, cemeteries, and in parks and school yards. Representatives of OGRA met with the Ministry of the Environment late in 2008 and urged the Ministry to consider an exemption to the Act that would allow municipalities to adequately maintain their rights-of-way and to remain in compliance with the Weed ControlAcL We are pleased to advise that an exception has been allowed for Public Works as follows: Under the health or safety exception, pesficrdes are allowed to be used to maintain safe conditions, and the security of and emergency access to public works. Public works include highways, railways, power works, gas works, water works and other utilities, transiVtransportation corridors and the perimeter of nuclear facilities. The exception does not apply to the use of a pesticide on a poñion of a highway to which pedestrians have access on a regular basrs or where the public is invited to stop including picnic and rest areas. OGRA will continue to monitor this issue and provide any additional information as required. Complete information on the Act and exceptions can be found at http ://www. ene. gov.on. calen/land/pesticidesii ndex. ohp# ONTARIO GOOD ROADS ASSOCIATION 6355 KENNEDY ROAD, UNIT #2, MISSISSAUGA, ON LsT 215 TEL: 905-795-2555 FAX: 905-795-2660 EMAIL: info@ogra.org PREMIER SPONSOR: Ð strcngc à G øto¿+'¿' êøn e"t"ft"'/ ¡¡ Alert Correspondence dated March 4, 2009 from Ontario Good Roads A... Page 45 of 303 Page 46 of 303 200 University Avenue, Suite 80,l, 416 971-985ó | Fax: 416 971-6191 www.[as.on.ca I info@tas.on.ca Toronto, ON M5H 3C6 I\w I loq LAS Launches The Municipal Energy Performance Benchmarking Project ! [ r ; Local Authority Services Limited (LAS) is pleased to invite all municipalities to participate in the Municipal ( I Energy Performance Benchmarking Project currently underway across Ontario. Participation only requires a couple of hours of effort per site and is free of charge! Each participating municipality will receive a two-page report for each of their buildings that are studied. These reports will provide a confidential analysis of energy performance that addresses energy use as well as associated technical, management and organizational practices. The reports will also provide direction on appropriate next steps. There is no pre-set limit to how many buildings may be surveyed per municipality at this time. However, we do urge you to submit your facility information as soon as possible in order to avoid disappointment. How to Participate To participate in the project, you need to complete the following attached surveys: o Each participating municipality will need to complete one copy of the Organizational Best Practices Survey. This survey consists of 10 multiple choice questíons and is completed via this link https://www.surveymonkey.com/s.aspx?sm:T4JvT6SPCrXzeF2GxuEPcO:3d:3d. This survey should be completed by the person who is most familiar with the municipality's energy management status at the higher organizational and policy levels and should not take more than 30 minutes to òomplete. . For @:h separate facility being studied (see Eligible Building Categories on Page 2 of this letter), you will need to complete and return a copy of the Facility and Operations Survey. This survey includes 8 sections of text, data and multiple choice questions and should be completed by the person or persons most familiar with the physical and local operating practices at the particular facility. The survey requires energy billing information as well as knowledge of existing building technologies and facility management best practices. A copy of the survey may be downloaded from this link (click here). Please e-mail your completed Facility and Operation Surveys to benchmark@amo.on.ca Also, please check out the Project FAQ list on the LAS website (click here). lf you require additional information please e-mail your questions to benchmark@amo.on.ca or contact Robert Storey, LAS Energy Specialist, 877-426-6527 ext. 350. Proiect Backqround "Three-dimensional" energy performance benchmarking is a proven technique that goes "beyond the numbers" lo analyze energy use, facility-level technical and management practices, plus organizational policies and practices. The knowledge gained by these efforts helps organizations to set priorities for the next steps such as educatíon and training, detailed energy studies, and implementation of new technologies and work processes that deliver cost savings and environmental improvements. This project is made possible by the Ontario Municipal Eco-Challenge Fund and builds on the successes of the LAS Audit++ program and other initiatives aimed at improving energy management and reducing greenhouse gas emissions in the municipal sector. LAS has engaged the services of Marbek Resource Consultants to help design and execute the various aspects of this project. LAS also wishes to acknowledge the valuable input and support of its "Advisory Committee" of municipal staff volunteers from across Ontario who have helped develop and "field test" the benchmarking surveys in their own facílities. 2 Page I of2 Correspondence from Local Authority Services Ltd. regarding ... Page 47 of 303 200 University Avenue, Suite 801, Toronto, ON M5H 3C6 Local Authority 416 971-9856 | Fax: 416 971-6191 SefviCeS Ltd. www.las.on.ca I info@tas.on.ca M u nici pal Energy Performance Benchmarki n g Project Eligible Building Categories Buildfng Colegory Definition Exomples of Building Types I Office Buildings used for office or public odministrotion. Municipol Office, City Holl, Town Holls 2 Librory Bui/dings ho using public librories.Librory 3 Arts ond Culture Public ossemb/y buildings used for orls ond culfure. Art Gollery. Museum, Theotre 4 Emergency MedicolServices Bui/dings used for emergency medico/ services. Poromedic ond Ambulonce Depof 5 Fire Buildings used for fire services.Fire Sfofion 6 Police Buildings used f or police services.Police Defochments, Heodouorters. Joils 7 Long-Term Core Buildings used for providing multiple occommodofions for long-term core residenfs. Long-Term Core F ocility B Socio/ Housing Multi-unit residentiol buildings used for providing occommodofions for long- ferm residenfs. M ulti- Unif Residentio/ 9 Community Cenfre Buildings wilh multi-purpose rooms in which peop/e gother for sociol or re c re otio n ocfivities. Communily Centre, Community Hol/. Seniors Centre l0 Areno Arenos with single ice surfoce ond support foci/ifies inclvding o communitv holl. Areno ìl Multi-Pod Areno Arenos with two or more ice surfoces ond support focilities including com m u nitv holl / bo no uef fociliiles. Twin Areno, Triple Areno, Quod Areno 12 lndoor Pool lndoor poo/s with support focililies including chonge roorns ond meeting rooms. lndoor Pool t3 Mulfi-use Recreofion Complex M ultt- u se re cre otio n comp/exes includtng ony combinotion of oreno, oool, communìtv centre, other. M ulti-U se Recreofion C o m plex t4 Public Works Bui/dings used for lhe moìntenonce or sforooe of eouioment ond vehic/es. W orks Moi nt e no n ce F o cility l5 Tronsit Goroge Bui/dings used for lhe mointenonce or sforoqe of buses. Bus Goroge, Bus Depof Cross-Cutlino Preouolificclion Cdlerio Minimum buildino size is 2 0 00 souore feet Buildinq must be occupied ond heoted. At leosi 50% of floor spoce should be within colegory. Eg., must be 50% office spoce to be consídered on "Office". Page2 of2 Correspondence from Local Authority Services Ltd. regarding ... Page 48 of 303 LocalAuthority Services Ltd. 200 University Avenue, Suite 801, Toronto, ON M5H 3C6 416 971-9856 | Fax: 416 971-6191 www.tas.on.ca I info@tas.on.ca No seosonol occuooncv buildinos. Eo., Museum ooen from Mov To September. must hove must hove eleclricity ond fuel consumption doto. lf you require additional information please e-mail your questions to benchmark@amo.on.ca or contact Robert Storey, LAS Energy Specialist, 877-426-6527 ext. 350. Page3 of2 Correspondence from Local Authority Services Ltd. regarding ... Page 49 of 303 Page 50 of 303 -) BAYHAM HISTORICAL SOCIETY MUMCIPAL OFTICE - STRAFF'ORDVILLE FEBRUARY 12,2009. (' t )/" í1 .!1,-, PRESENT: Bill & Donna Baldwin, Arvilla Beckett, Cheryl Peters, Ray Maddox, Lynn Acre, Robert & Jeanette Heil, Sandy Sage, Florence Ferris, Vallerie Donnell, Jan Collins, Ross and MarthaAndrews, Alex Collins, Corþ and Barb Ouellette, Betty Lou V/allington, Marion Maddox, Ruth Horton Chuck and Ma¡lene Baldwin and Lee Locker. President Ray Maddox called the meeting to order at7;3},welcoming members & guests. A motion to accept the minutes of January 8,2009 was made by Lynn Acre 2nd. by. Sandy Sage. Motion carried. ELECTION OF OFFICERS Mr. Lee Locker conducted the Election of Officers: o PAST PRESIDENT: Cheryl Peters o PRESIDENT:Ray Maddoxo VICE-PRESIDENT:Vacant o SECRETARY- Cheryl Peters o TREASURER- Vacant OTHER COMMITTEE MEMBERS ARE: o ADVERTISING- Donna Baldwin o SOCIAL DIRECTOR: Mary Newland o RESEARCH: Chuck Baldwin, Ross Andrews and Ray Maddox o MUSEUMS BAYHAM REPS: Ray Maddox and Cheryl Peters o PROGRAM DIRECTOR: All Members Mr. Locker asked who would accept the work of the nominating committee. Motion to accept the work of the nominating committee was made by Corþ Ouelette-2no. by Betty Lou Wallington. Motion carried. All were swom in, Ray Maddox thanked Mr. Lee Locker for his services and the meeting resumed. Ray Maddox introduced our speaker Ross Andrews who spoke on the Recording Secretary's Book ofthe Woman's Missionary Society ofthe Methodist Church. The Society was organized Minutes of Bayham Historical Society meeting held February 1... Page 51 of 303 on August 5th. 1894 and this book covers Roll of Members and Minutes from June 1912 to the last entry of March lïth. 1927. Some of the names recorded in the book are Wilson, Procunier, Ingram, Mitchell, Webster, Ketchabaw, Hatch, High, Stewart, Grant, Chamberlain, Lovegfove, Johnson, Hatch, Kennedy, Bowes, Mabee, Yeandle, Mc Conkey, Howey, Bolloson, Hague, Newnham, Turnbull, Brady, Beasley, Godby, Faggasi, Donley, Vanderburg, Beesley, Murphy, Bennett, Bryair, Dean and Scott with membership fluctuating up and down over the years. The meeting included the reading of the minutes of the last meeting, singing of hymns, solos, duets, prayers and sometimes instrumental music, listing of items placed in banels to be sent to a Chinese girl that they were sponsoring and lantern slides were viewed. The meetings were held at members homes and a dinnerwas served each time, a few times it was held at the Stratfordville Church. Ross has donated this book to the Bayharn Historical Society. Ray Maddox thanked Ross for this very interesting subject. BUSINESS PORTION VISITING COMMITTEE Members of the sub-committee of the Vienna Skateboa¡d Committee headed by Jan Collins attended and spoke to our group. The focus ofthis group is to save the Vienna Library from closure. This committee is asking us to support them by applying for a lottery license so they may hold a penny sale, the proceeds would go to the Vienna Library building which was built in 1862 and was originally the Town Hall. A motion to.support this group and BHS applying for a lottery license was made by Chuck Baldwin, 2no.by Sandy Sage. Motion carried. The secretary Cheryl Peters will speak to Margaret Underhill at the Municipal Offrce and get more details of what is needed then meet with Jan Collins. PRESIDENTS REPORT: Ray reported that help will be needed at the Tillsonburg Home and Rec Show any members who can give a few hours to help please let us know at the next meeting. SECRETARIES REPORT: Cheryl Peters reported the Application for Municipal Assistance forms have been completed and sent in to the Municipal Office. Cheryl Peters and Jean \Moon will be setting up the displays for the Edison museum and Ray Maddox will help with the Bayhato Historical Society display on March 27m. The donation forms have all been completed and signed or will be mailed out. Minutes of Bayham Historical Society meeting held February 1... Page 52 of 303 Anyone who wishes to receive their minutes by e mail please let Cheryl know. This will save on postage, any donation forms that have been sent out have included self addressed envelopes to keep our generous donors from having to pay the postage. TREASURERS REPORT: In the absents of Dorotþ Godby Cheryl Peters reported as follows Checking-- ------$ 2836.09 Lottery Account-------------$ 128.84 Petty cash- ------ $ 1.09 As of January 31,2009. Motion to accept the Treasurers Report made by Corþ Ouellette 2no, By Robert Heil-Motion carried. Please note that our membership fees ate due, $10. per person and $15. per couple. PROGRAM DIRECTOR : Our speaker for March l2th. wilt be Rose Laemers the subject is 100 year old Easter Eggs. ADVERTISING DIRECTOR: Donna Baldwin reported that our write-up was in both the Aylmer and Tillsonburg paper. MYSTERY OBJECT: None this month, SOCIAL DIRECTOR: Cheryl Peters reported that Dorothy Godby and Sandy Sage will bring refreshments for March. NEXT MEETING:March 12h,2009 atthe Municipality of Bayham Offrce at7.30. Motion to close the meeting by Donna Baldwin and 2nd. By Barb Ouellette - Motion carried Minutes of Bayham Historical Society meeting held February 1... Page 53 of 303 DATE: Secretary President Minutes of Bayham Historical Society meeting held February 1... Page 54 of 303 5 Bayham Health & Safety Committee Minutes Friday, February 27, 2009 At 1:05 p.m. Committee Room Bayham Municipal Office C t ,i , .-l 1-í''" Attendees: Sandra Maertens, Clayton Collver, Paul Groeneveld 1. Call to Order Paul Groeneveld called the meeting to order at 1:05 p.m. 2. Ilealth & Safety Discussion - Asbestos Regulations The committee discussed Regulation278105 regarding asbestos. The Municipality is responsible for identifying buildings with potential for asbestos contamination and introducing policies and procedures for building identified as potentially contaminated with asbestos. Staff has contacted other municipalities in order to explore all options available. A report has been forwarded to senior management for review. o Full Assessment on all municipal buildings and phase in the cost over a number of years o Assess buildings only when construction or renovations are scheduled. Action: Administrator to review report. 3. Training ¡ Annual WHMIS Refresher for all municipal employees has been completed by most employees using the MHSA website. There has been an issue of problems connecting to the internet due to slow speed at the Public'Works Garage. Public Works Manager Gerry LeMay will inform those still needing the update to come into the municipal office or take the quiz at home. o Training to be completed prior to March 13,2009 for those who did not make the December deadline. Action: S. Maertens to advise remaining staff of the deadline to complete WHMIS training on-line. 4. Other Orientation Program The committee reviewed the municipality's draft employee orientation package. P. Groeneveld discussed the program with Department Heads in which they prioritizedthe training needs of their departments. Fire Extinguisher Training is also to be incorporated for all staff and reviewed Minutes of Bayham Health & Safety Committee meeting held Feb... Page 55 of 303 every 5 years. Public'Works Manager Gerry LeMay has yet to review the draft program and submit his input. Action: Committee to continue to design a student and new hire orientation program that incorporates Basic Health & Safety. Health and Safety Issues: H&S reps have forwarded concerns regarding items identified during inspections not being corrected in a timely manner. Inspection sheets have been formatted to include columns which identify issues that are Health & Safety issues, and a column that identifies matters that are maintenance issues. Managers/Department Heads are now required to sign the inspection sheets verifying they have reviewed it. Action: Staff to continue review of procedures and P. Groeneveld will remind Department Heads of importance of correcting deficiencies in a timely manner. Adjournment & Date of Next Meeting Meeting adjourned at2:05 p.m. Next meeting Friday, May 15, 2009 @9:00 a.m. Secretary Minutes of Bayham Health & Safety Committee meeting held Feb... Page 56 of 303 5 MUSEUMS BAYHAM Minutes of March 11,2009 Meeting Council Chambers, Bayham Municipal Office Straffordville, Ontario tl r._/ o Present: Chair-Bev Hickey, Vice Chair- Chuck Buchanan, Secretary-Mayor Lynn Acre, Ray Maddox, Jean'Woon, Brian Masschaele, Mat Schafer, Rosilee Peto. Regrets: Ron Bradfield, Cheryl Peters 1. CALL TO ORDER: Chairman called the meeting to order at 7:00 pm 2, DECLARATION OF PECUNIARY INTEREST: None 3. AGENDA: It was moved by R.Maddox and seconded by J.'Woon that the agenda be approved with additions. Motion Carried. New Business: a) Vienna library b) Ashtabula story c)Registration papersþr Talley Camp vessel d) Budget Reductions 4. MINUTES: It was moved by L.Acre and seconded by B.Masschaele that the 5. CORRESPONDENCE: It was moved by J.Woon and seconded by B.Masschaele that the correspondence be received for information. Motion Carried' a) Announcement: chatham Kent Museum lecture on gardening April 16, 7-9 pm, $10 admission. b) Announcement: 2010 International Plowing Match info mtg. Mar.30, 1pm@ Shedden. L.Acre & B.Masschaele to attend. c) New York State auction of Edison artefacts: Since we have no budget to acquire items of this value, J.Iloon volunteered to write to the auction house to request donation ofartefacts. f) Email correspondence f¡om Vilnis Consulting regarding partnership opportunity with Envi¡onment Canada for museum displays on air quality health. B.Masschaele volunteered to investigate this opportunity and report back. 6. UNFINISHED BUSINESS: a) Sale of Air Compressor: A photo and description has been posted on the museum website by Mike Baker at County Museum. b) Ultra Violet window coverings at Edison Museum: These have been installed and paid for from 2008 budget. Minutes of Museums Bayham meeting held March 11, 2009. File... Page 57 of 303 March. 11,2009 Page2 c) Kiwanis Home & Rec Show: March 27 -29,2009 Volunteers update; FrL March 27: Set Up - R.Bradfield & C.Buchanan and J.Woon, C.Peters & R.Maddox 3:00 - 7 :00 pm-R.Peto 7-9pm BHS rep. Or L.Acre SaL Mørch 28: II:30 am - 3:00pm - J.Woon3-6pm - M.Schafer 6-9 pm BHS rep or L.Acre Sun. Mørch 29: 11:30 am - 5:00 pm - C & D Buchanan. Pack up- C & D Buchanan, B.Hickey, R.Bradfield. d) LPRCA loan of Bayham's lens at Backus Page: C.Buchanan will contact LPRCA in Ma¡ after they open for the season, to see if they have a copy of the lens loan agreement. He will also enquire about their plans for the lens. e) Marine Museum Picnic Area Enclosure: It was moved by R.Peto and seconded by J.Woon that we accept Ed Matthews' quote of $2.825.59 to to commence immediately. Motion Carried. Ð Cork Float from Fanshawe Pioneer Village: B.Hickey reported that the artefact has been confirmed for our use. He will arrange for its pick- up. g) Lighthouse Window repairs: C.Buchanan agreed to contact Nathan Dawley to request an inspection and quote for repairs of leaking windows. 7. NEW BUSINESS: a. Vienna library building discussion: R.Maddox noted that MPP Steve Peters will be meeting with a concerned citizens' group on Monday March 16 to discuss options to preserve the old Vienna Town Hall, which the Municipality has chosen to close for structural deficiency reasons. It was acknowledged that this group plans to raise funds to hire a heritage engineer/consultant to advise on the building's structural condition, it's historical significance and options for restoration. This information is necessary for the group to decide whether or not they will seek ownership of the building. b. Ashtabula Rescue story: C.Buchanan reported grving a private tour of the Marine Museum to a retired Ohio man whose grandfather was involved with the historic rescue of the Ashtabula coal boat from an ice jam. During the tour, the visitor was delighted to see our photo of his grandfather's tugboat, "'Winslow", actually involved in the rescue. Copies of the photo were made for inclusion in a book of memoirs of his grandfather and the "'Winslow". Minutes of Museums Bayham meeting held March 11, 2009. File... Page 58 of 303 March 11,2009 Page 3 c. Registration Papers for Valley Camp vessel: C.Buchanan reported that he has received from Ed Matthews, a copy of the British registration papers for the Valley Camp, whose model we display at the Marine Museum. This will be framed and added to the exhibit. d. Budget Reductions for 2009: Due to Council's decision to reduce our operating budget by $10,000, the following reductions will be made. Building Maintenance ...$5,000 EquipmentMaintenance... .,.........$ 500 GroundsMaintenance ................$ 500 Sundry... ....$1,000 Contracted Services...... .....$2,000 SpecialProjects...... .....$ 500 Special Events,. S 500 Total $10,000 8. NEXT MEETING: WednesdayApril 8,2009 at7:00pm@ Municipal Office. 9. ADJOURNMENT: It was moved by M.Schafer and seconded by B.Masschaele that the meeting be adjourned at 8:20 p.m. Motion Carried. Chairman Secretary Minutes of Museums Bayham meeting held March 11, 2009. File... Page 59 of 303 Page 60 of 303 , FEt I e ?009 l- t\il ìtí January 2009 tulUNtClpAift y Ufj gAYHAM Walk Across Ganada in a Day - Friday, May l"t, 2009 rìtì I Thanks to you, we did it again! Last May, London and area businesses, together with schools, families and friends of Jesse's Journey, virtually walked across Canada - and back! In doing this, they also raised more than $223,000 for research into a cure for Duchenne muscular dystrophy. ln total, in 2008, Jesse's Journey was able to fund nearly $550,000 for the most promising research projects in North America. To fully appreciate just how important your continued support is to our annual FUNdraising Friday "Walk Across Canada in a Day", please visit our website, www.iessesiournev.com to read about the latest exciting advances being made by scientists. Human trials are already undenruay, involving muscle cell transplantation. There is now real hope for children diagnosed today with DMD! That is why we are asking you to join us Friday, May 1st, in the new Springbank Gardens (formerly Wonderland Gardens) for our annual Walk Across Canada in a Day. Send a team or a company representative, (wear your company clothing!) to walk all, or pad of the 33 kilometre route - (the distance John Davidson covered each day when he walked across Canada in 1998). lf you would prefer to hold your own fundraising event - that would be great. Your continued support, in any way your company chooses, will help us reach our goal - to find a cure for DMD. Please contact the Jesse's Journey office for more information on how we can help you with your event. On May 1st, 2009, join Jesse's Journey on our "Walk Across Canada in a Day", and keep research moving toward a cure for DMD and other genetic diseases. We have enclosed some ideas for FUNdraising Friday that might work for your group, including sponsorship opportunities. Please let us know how we can help your business participate in our "walk" for those who no longer can! Thank you for your continued support of Jesse's Journey. Sincerely, e Volunteer, FUNdraising Friday Committee 200 Queens Avenue Suite 301,London, ON N6A 4M8 Telephone: 519-645-8855 E-mail: info@essesjourney.com Correspondence dated January 2009 from FUNdraising Friday Co... Page 61 of 303 Page 62 of 303 UPDATE from the Ministry of Municipal Affairs and Housing - December 2008 Lynda Millard Page 1 ofl rl PDAîE From: Ministry of Municipal Affairs and Housing [mahupdate@ontario.ca] Sent: Thursday, February 19,2009 2:30 AM To: Lynda Millard Subject: UPDATE for February 2009: e-newsletter from the Ministry of Municipal Affairs and Housing A 1(- M l-tnu February 2OO9 Green Energy Creates tobs Share Your V¡ews on the C¡ty of Toronto Acç 2006 Subscribe I Unsubscribe I Feedback MESSAGE FROM MINISTERJIM WATSON Fareed Amin has been appointed deputy minister of Municipal Affairs and Houslng and John Burke ls now deputy mlnister of the Ministry of Commun¡ty Safety and Correctional Services. Read more AFFORDABLE HOUSING PROJECT BEGINS GONSTRUCTION IN MARKHAM Low-income families, seniors, and people with special needs will soon benefit from the development of a new affordable housing complex in the Town of Markham. Construction is now underway at a project sponsored by the Markham Interchurch Committee for Affordable Housing. Read more NEW DEPUW MINISTER Fareed Amln has returned to the mÍnistry where he started hls public service career as a student planner. Read more CITIZEN'S GUIDES TO LAND USE PI.ANNING A series of Citizen's Guides have been updated to help Ontar¡ans understand how the land use planning process in the province works. Read more OGRA/ROMA CONFERENCE The combined conference of the Ontario Good Roads Association and the Rural Ontario Municipal Association takes place later thls month. Mayors, councillors, municlpal officials and ministers and staff from the Ontario government will gather at Toronto's Fairmont Royal York. Read more França¡s Update ¡s published by the Privacy I 21t912009 @ "UPDATE" dated February 2009 from Ministry of Municipal Affa... Page 63 of 303 Page 64 of 303 :sy.[*:*"..,:"x*:. r)\^l . Dear Mayor and Council: As you consider measures to promote the right to water, decrease waste and protect the enviionùen wó; T ii encourage you to consider supporting public water by actively encouraging the consumption of tap water over bottled water. ln the past year Canadians have made a commitment to public water services. Across the country municipalities, schools and universities, faith-based organizations, restaurants and unions have stood up for Canada's public water services by phasing out the provision and sale of bottled water. Just recently the Association of Municipalities of Ontario (AMO) distributed a communiqué to all its members endorsing municipal initiatives to promote public water and phase out the provision and sale of bottled water in municipalfacilities. ln Ontario alone 13 municipalities have passed legislation to phase out the provision and sale of bottled water on city/town property and promote public municipal water, with many more currently exploring options for how to "turn on the tap" and phase out the bottle. The fact is that in Ontar¡o municipal water systems are among the safest and strongest in the world. Meanwhile bottled water costs consumers thousands of times more and is far less regulated than tap water. The production of bottled water also consumes vast amounts of energy and releases harmful toxics into the environment. Of the many different services that municipalities provide, it is often said that no service is as criticalto the health of citizens as the supply of clean water. Phasing out the provision and sale of bottled water on municipal property and committing to promoting clean and accessible public water will demonstrate a commitment to public water. The enclosed documents briefly outline how municipalities can take action on public water services and bottled water. As a network of organizations from across Ontario we would be pleased to discuss these issues and options in more detail and look forward to hearing from you soon. With Regards, Joe Cressy Polaris lnstitute ioecressv@ polarisinstitute.org (613) 668-ss42 On behalf of: Polaris lnstitute, The Council of Canadians, CUPE Ontario, OPSEU, KAIROS, Development and Peace, Sierra Youth Coalition, Development and Peace, Canadian Federation of Students, Public Water lnitiative at U of T Correspondence received March 3, 2009 from Polaris Institute... Page 65 of 303 U. qNAuNc^MXffi^'fi&irh¡!¡ if Develooment/T\ and Peáce g:y.**l*.çe:^!s.:,Ê.1d, î , Take the Plunge: Bottled Water Municipal Examples Across Conada municipalities hdve token action on bottled water. Here ore d just a few exomples of municipal actions thot limit or end the use of bottled water and promote the consumption of tap woter. . Region of Woterloo, Ontorio: Regional Municipality passed a resolution restricting the provision and sale of bottled water on regional property, except in locations where potable tap water is not available. . London, Ontario: City Council passed a bottled water motion that prohibited the sale and distribution of bottled water on city owned and operated property and provided alternatives for the provision of accessible tap water. . 5t. John's, Newfoundland: City Council banned the use of city money for the purpose of providing bottled water on city property, including during city-hosted events. . Chorlottetown, Prince Edward tslønd: City Council made the decision to stop purchasing bottled water. . Altonø, Manitobo: Municipality phased out the provision of water coolers and bottled water in its offices . Region of Metro Vancouver, British Columbia: Council voted to launch a public campaign to support tap water and to encourage local municipalities to phase out the availability of bottled water in civic centres and install more water fountains. Canadian Statistics: . 24 Municipalities from six provinces in Canada have implemented restrictions on bottled water . t6 Municipalities in Ontario have implemented restrictions on bottled water . 15 Municipalities in Ontario are currently exploring restrictions on bottled water Cns¡ sruov: Crrv oF ToRoNTo ln December 2008 the City of Toronto passed a comprehensive bottled water motion that banned the sale or distribution of bottled water and provided alternatives for the provision of accessible tap water. Here are the details of the city of Toronto's approach to bottled water: o Ban the sale or distribution of bottled water at Civic Centres immediately. o Direct staff from all City Departments to work together to develop and implement a program that bans the sale and distribution of bottled water at all remaining City facilities, including in vending machines. o Direct staff from all City Departments to improve accessibility to tap water at all City facilities. ¡ Launch a public awareness campaign that promotes the consumpt¡on of tap water ¡ Ensure that portable outdoor water trucks/trailers are available for outdoor city hosted and sponsored events. Correspondence received March 3, 2009 from Polaris Institute... Page 66 of 303 çsv.[:**"".eå'in"tÞ- Take the Plunge: Bottled Water Action Options for Ontario Municipalities Phase out the sale and distribution of bottled water in City/Town facilities . Prohibit the use of municipal government funds to purchase or distribute bottled water. Why not start with City/Town Hall (Council meetings, bottled water available in department offices) and develop a strategy to phase out bottled water in city facilities and sponsored events . Begin dialogue with vendors in City/Town owned and leased space towards ending the sale of bottled water. Remove bottled water sold in vending machines in City/Town owned and leased space (develop a provision regarding bottled water for upcoming agreement renewals) Providing and promoting alternatives to bottled water . Establish a municipal policy that mandates a cross-departmental team to audit the viability of switching to bottle-less water dispensers in City/Town owned and leased spaces.. Provide access to municipal water in City/Town owned and leased spaces by maintaining, and installing new municipal water infrastructure, such as water fountains and well water systems. . Commit to providing water-dispensing units (stationary or removable, such as water trucks that connect to fire hydrants) at City/Town organized and sponsored special events.. Start a municipal water awareness campaign that encourages municipal water consumption in City/Town buildings. Work towards extending this awareness campaign to the broader public of the community. 'Right-to-know' pol icies . Ensure that residents can access information about companies using municipal tap water or groundwater in the area (where jurisdictions apply) including the number of water bottlers in the municipality, company names, amount of water extracted and rates charged on a daily basis. Foster accountability ' Develop and implement policies that enhance accountability including transparency and public consultation around the approval of the use of water for water bottling. Correspondence received March 3, 2009 from Polaris Institute... Page 67 of 303 ^HtÁss¡xi;rlio* uf S{rmí<i;ralitier uf O*trrio MËMBER COMMUNICATION FYI No:09-002 200 UniversityAve, Suite 801 Toronto, ON MsH 3C6 Tel.: (416) 971-9856 | Fax: (416) 971-6191 E-mail: amo@amo.on.c€¡- LL To the attention of the Clerk and Council February 3,2009 FOR MORE INFORMATION CONTACT: Craig Reid, AMO Senior Policy Advisor (416) 971-9856 ext 334 lssue: Municipal Action on Bottled Water Municipalities across Canada and in Ontario have recently taken action to encourage use of municipal tap water at municipal events and facilities. Municipal councils across Canada, including 13 Ontario municipalities have taken action in recent months to limit the use of bottled water in municipal facilities, where appropriate, and to support the use of municipal tap water by residents and visitors. AMO understands that a number of other Ontario municipalities are also considering such initiatives. Ontario councils taking action in this area include the cities of Sault Ste. Marie, London, Windsor, the Regional Municipality of Waterloo and the Town of Blue Mountains, amongst others. Across Canada, other municipalities such as St. John's, Newfoundland, Charlottetown, PEl, Altona, Manitoba, Toronto and the Region of Metro Vancouver have also taken action. ln some cases these actions have been supported through public education to increase awareness of the safety of municipal tap water, actions to increase the supply of municipal tap water at events through mobile water trucks and increase of supply of municipal tap water where necessary. These measures complement long-standing positions taken by AMO and other municipal associations by increasing awareness of the affordability, health and safety of municipal tap water and the need for continuing public investments in infrastructure to provide affordable clean water to municipal residents. They also encourage stewardship of water as a valuable resource and help to reduce the amount of plastics in municipal waste streams. Action: Councils interested in investigating this issue are encouraged to contact those municipalities that have taken action. This information is available in the Policy /ssues section of the AMO website at www.arno.on.ca. 1-1 Association of ìlOMunieipalities of Ontario Correspondence received March 3, 2009 from Polaris Institute... Page 68 of 303 5 Canadians encouraged to prepare for document requirements to enter the United States by land and water 1'\ ! þ Ottawa, Ontario, March 4, 2OO9 - The Government of Canada reminds Canadian citizens to prepare now for any travel plans to the United States by applying for an accepted document to enter the United States under the Western Hemisphere Travel Initiative (WHTI). The WHTI is a U.S. law that requires all travellers, including Canadian and American citizens, to present a valid passport or other approved document when entering the United States from within the western hemisphere. "This Government has worked vigorously with the United States to ensure that legitimate trade and travel across our borders are not disrupted aS a result of the new document requirements under WHTI," said the Honourable Peter Van Loan, Minister of Public Safety. "Our effofts have lead to the recognition of enhanced driver's licences and enhanced identification cards as acceptable alternatives to passports." Starting June t,2009, Canadian citizens will be required to present a valid passport, ê NEXUS or Free and Secure Trade (FAST) card, or an enhanced driver's licence/enhanced identification card when seeking to enter the United States at its land or water crossings. Canadian citizens 15 years of age or under will only require proof of citizenship, such as a birth ceftificate or a Canadian citizenship card. Canadian citizens 18 years of age or under who are travelling with a school or other organized group, under adult supervision with parental/guardian consent may also present proof of Canadian citizenship alone. The U.S. document requirements for air travel took effect in January 2007, and require Canadian citizens flying to, through or from the United States to present a valid passport or a valid NEXUS card when used at a NEXUS kiosk at participating Canadian airpofts or at any U.S. airport when returning to Canada. The air travel requirements apply to all Canadian citizens, regardless of age, including children. For more information about U.S, entry requirements for Canadian citizens and how to apply for a WHTl-compliant document, visit the Canada Border Services Agency Web site. -30- For media information: Media Relations Public Safety Canada 613-99 r-0657 Media Relations Canada Border Services Agency - Headquarters 6t3-957-6500 Correspondence dated March 4, 2009 from Canada Border Servic... Page 69 of 303 Backgrounder U.S. Western Hemisphere Travel Initiative Compliant Documents NEXUS Card NEXUS is a joint Canada Border Services Agency (CBSA) and U.S. Customs and Border Protection (CBP) program designed to enhance security while expediting the border clearance process for low-risk, pre-approved travellers into Canada and the United States. Under the U.S. Western Hemisphere Travel Initiative (WHTI), a NEXUS card may be presented when entering the United States from within the western hemisphere by air, land and water. For more information and to staft the enrolment process, visit the NEXUS Web site. Free and Secure Trade (FAST) Card The FAST program is a joint CBSA and CBP commercial clearance program designed to ensure safety and security while expediting legitimate trade across the Canada-U.S. border. Under the U.S. WHTI, a FAST card may be presented when entering the United States from within the western hemisphere by land and water only. For more information and to staft the enrolment process visit the CBSA Web site. Passport The Government of Canada continues to recommend that Canadian citizens carry a valid passport for all visits abroad, including visits to the United States. A passpoft is the only universally accepted identification document, and it proves that you have a right to return to Canada. Under the U.S. WHTI, a valid passport may be presented when entering the United States from within the western hemisphere by air, land and water. Do not wait until June I,2009 and the summer travel season; apply for your passport today. Get ahead by applying for your passpoft online. Canadian citizens can send in their completed applications in person, by mail, or use Service Canada or Canada Post services. Correspondence dated March 4, 2009 from Canada Border Servic... Page 70 of 303 Enhanced Driver's Licence/Enhanced Identification Card The Government of Canada's efforts have led to the acceptance in principle by the U.S. government of enhanced driver's licences/enhanced identification cards (EDL/EIC) as alternatives to the passport for entry into the United States at its land and water ports of entry. The EDL is a secure driver's licence that denotes a person's identity and Canadian citizenship and will be issued by certain provinces and territories. The EIC will offer the same advantages as an EDL for those who do not drive or who do not want to obtain an EDL. British Columbia To date, British Columbia is the only province or territory in Canada to issue EDLs. Phase 1 of British Columbia's EDL program with 521 voluntary applicants was launched in January 2008 and the province is working towards full implementation of its EDL program this spring. For more information visit the Insurance Corporation of British Columbia's Web site. Manitoba Manitoba launched its EIC program on January L9,2009 and is now accepting applications, For more information and to apply, visit the Manitoba Public Insurance Web site. Youth Under the U.S. WHTI, Canadian citizens 15 years of age or under will only be required to present proof of citizenship, such as a birth certificate or a Canadian citizenship card when entering the United States by land or water. Canadian citizens 1B years of age or under who are travelling with a school or other organized group, under adult supervision with parental/guardian consent may also present proof of citizenship alone when entering the United States by land or water, The air travel requirements apply to all Canadian citizens, regardless of age, including children. Canadian citizens flying to, through, or from the United States are required to present a valid passpoft or a valid NEXUS card when used at a NEXUS kiosk at participating Canadian airports or at any U.S. airport when returning to Canada. For more information about U.S. entry requirements for Canadian citizens, visit the CBSA Web site. Correspondence dated March 4, 2009 from Canada Border Servic... Page 71 of 303 Page 72 of 303 [/a r, 5, 2009 9:024M County of Eìein No, 2612 P, 2/2 ElgrnCounty March 2,2009 | ,t ,,, Ms. Moya Greene President and Chief Executive Officer Canada Post Corporation 2701 Riverside Dr, Suite N0883 OTTAWA, Ontario KIA OB1 Dear Ms, Greene: It has been brought to the attention of the Elgin County's Rural f nitiatives Committee that there is an ongoing snow clearing issue at the Canada Post community mailboxes located in our rural communities, Ratepayers have been experiencíng difficulty retrieving their rnail because of their inability to access the comrnunity mailbox because of the buÍldup of snow and ice surrounding them. lt appears that some comrnunity mailboxes have never been cleared of snow. For example, Penhale Road and Ferguson Line mailboxes have never been cleared to the best of our knowledge. This lack of snow removal is putting the general public at risk of injury as they try to retrieve their mail in these dangerous condítions. The Rural Initiatives Committee is very concerned about this issue. Your prornpt attention to this matter of concern ís greatly appreciated. We look foruard to your response. Yours truly, 5 !- Jim Mclntyre, Chair, Elgin County's Rural lnitiatives Committee. cc Rural lnitiatives Committee Andy Patterson, Cornmunications Manager, Canada Post Lower-tier Municipal Partners in EIgin Couniy Gounty ûf Eldn AdmlnlålrÉtlvs SerYlcsE 450 Sunset D¡lve St.ïhomae,ôn NSRSVl P¡one: S1g-Ê31-1460 wwwelgln{ounly 0n.ca PloÉiressíve by Nature Correspondence dated March 2, 2009 from Elgin County Rural I... Page 73 of 303 Page 74 of 303 Ma r, 3, 2009 3:36PMl County of Elein ElgrnCounty March 2,2009 {ì lt' Honourable Madeleine Meilleur Minister of Community and Social Servíces 80 Grosvenor Street Hepburn Block, 6th Floor Toronto, Ontario M7A 1Eg Deär Minister: Elgin County is preparing to comply with the newly proposed standards for aceæssible information and communications and is concerned with the costs of compliance and the rapid tirneline for implementation. We understand that the Association of Municipalities of Ontario has made a number of recommendations to you on this important matter. ln Elgin's casel training costs alone are estimated to exceed $30,000 in 2009 whén the costs of replacing workers who are attending the mandatory lraining components are factored intq the equation. ln addition, with more thán 400 employees to be trained, the relatively short timeline for compliance poses a significant challenge, Against this backdrop, Elgin County Council respectfully requests that your Ministry consider sharing the costs of training on a 50/50 basis and extend the timeline for compliance by at least one more yearfor practical reasons. We look fon¡lard to hearing from you. No,2599 P, 2/2 5 cc: AMO Lower-tier padners in Elgin County County ol Elgfn Admlnlrlf âtlve gewlo gî 4ã0 Sun$et Dfve sÈ rhûmas,0n N6F 5v1 Phone: 519.631-1460 wrtw, ôlgiÉðunfy.o¡1.câ Ghief Administrativo Officer ProÉressive lry Naf rrre Correspondence dated March 2, 2009 from County of Elgin rega... Page 75 of 303 Page 76 of 303 Lorry J. McCobe, Secretory-Treosurer 52 West St., Goderich, ON NZA 2K5 lmccobe@goderich.co '"t ';0 March 2,2009 i:i ' I Dear Head of Council, Members of Council and Municipal Stafi, RE: 2009 OSUM Conference & Trade Show Please join us in the City of Cornwall for the OSUM 56th Annual Conference and Trade Show from May 6th to May 8th, 2009. Registration, accommodation and program information has been distributed by the City of Cornwall and general inquiries may be directed to Manon L. Poirier at l-613-930-2787, ext. 2316. Cheques for registration fees should be made payable to the Corporation of the City of Cornwall. Additional Conference details can also be provided by Ted Blowes, Conference Co-ordinator at 519-393-5877 or ted.b@quadro.net or by visiting www.amo.on.ca. For those interested in serving on the OSUM Executive Committee, a nomination form is enclosed and will be received by the undersigned until April 17, 2009. The Conference Program has a wide variety of topics and allows for opportunity for delegate participation. There will be 60 Exhibitors in attendance. Please plan on attending the Conference to obtain current information on municipal issues. Yours truly, LJM/afl Encl. Correspondence dated March 2, 2009 from Ontario Small Urban ... Page 77 of 303 ONTARIO SMALL URBAN MLTNICIPALITIES Name ofNominee Representing MuniciPalitY of Is the municipality a current member of the Association of Municipalities of Ontario? YES ! NO ¡ (Please check one) Title Address Telephone Fax E-mail Background information (municþal service, areas of municipal interest, etc...) Nominees should be aware that OSUM is not responsible for the cost of expenses associated u/ith OSUM activities. Signature of Nominee Signature of Nominator Signature ofSeconder Plesse return to OSTIM Admínístrative Oflicer c/o Town of Goderich, 57 West Street, Godprích ON N7A 2KS untílAprí|17,2009 bv 4:00 p.m. Date Correspondence dated March 2, 2009 from Ontario Small Urban ... Page 78 of 303 Minister Responsible for Seniors 900 Bay Street Toronto ON M7A 1L2Tel.: 41 6 325-1660Fax: 416325-1726 Ministre déléguée aux Affaires des personnes âgées 900, rue Bay Toronto ON M7A 1L2 Té1. : 416 325-1660 Téléc.: 416325-1726 March, 2009 Dear Mayor and Members of Council: Each year the Government of Ontario designates June as Seniors'Month to celebrate the countless experiences, accomplishments and contributions of seniors. Across the province, community organizations and local governments host special events to recognize seniors and the countless contributions they make to Ontario's way of life. It is with great pleasure that we invite you to participate in the 2009 Senior of the Year Awards. This annual award was established to give each municipality in Ontario the opportunity to honour one outstanding local senior. Recipients are individuals who, after age 65, have enriched the social, cultural or civic life of the community without thought of personal or financial gain. The certificate, provided by the Ontario government, is signed by: the Honourable David C. Onley Lieutenant Governor; myself as the Minister Responsible for Seniors; and the local Head of Council. The Government of Ontario is proud to offer this important initiative. You may wish to consider involving local MPPs in your selection process or presentation ceremony. The Senior of the Year nomination forms are available on the Ministry of Citizenship and lmmigration's website, at www.citizenship.gov.on.ca. Follow the link to Ontario Honours and Awards, download the form and fax it to (416) 314-7743 or submit your nominat¡on online by choosing the "Electronic Nomination" option. Nominations must be received by April 30, 2009. For additional information, please contact the Ontario Honours and Awards Secretariat, at (416) 314-7526. Ontario's seniors deserue special recognition for their outstanding accomplishments. By working together with municipalities, we can ensure they are honoured in a meaningful way. Yours truly, -ry'U^- tÅr'rZ- M. Aileen Carroll Minister Correspondence dated March, 2009 from Minister Responsible f... Page 79 of 303 Page 80 of 303 [/a r, 5, 2009 9:024M County of Eìein No, 2612 P, 2/2 ElgrnCounty March 2,2009 | ,t ,,, Ms. Moya Greene President and Chief Executive Officer Canada Post Corporation 2701 Riverside Dr, Suite N0883 OTTAWA, Ontario KIA OB1 Dear Ms, Greene: It has been brought to the attention of the Elgin County's Rural f nitiatives Committee that there is an ongoing snow clearing issue at the Canada Post community mailboxes located in our rural communities, Ratepayers have been experiencíng difficulty retrieving their rnail because of their inability to access the comrnunity mailbox because of the buÍldup of snow and ice surrounding them. lt appears that some comrnunity mailboxes have never been cleared of snow. For example, Penhale Road and Ferguson Line mailboxes have never been cleared to the best of our knowledge. This lack of snow removal is putting the general public at risk of injury as they try to retrieve their mail in these dangerous condítions. The Rural Initiatives Committee is very concerned about this issue. Your prornpt attention to this matter of concern ís greatly appreciated. We look foruard to your response. Yours truly, 5 !- Jim Mclntyre, Chair, Elgin County's Rural lnitiatives Committee. cc Rural lnitiatives Committee Andy Patterson, Cornmunications Manager, Canada Post Lower-tier Municipal Partners in EIgin Couniy Gounty ûf Eldn AdmlnlålrÉtlvs SerYlcsE 450 Sunset D¡lve St.ïhomae,ôn NSRSVl P¡one: S1g-Ê31-1460 wwwelgln{ounly 0n.ca PloÉiressíve by Nature Corespondence received March 10, 2009 from Senior Vice-Presi... Page 81 of 303 Page 82 of 303 Parks Canada - National Historic Sites of Canada Cost-Sharing Progtam l*l ffi" ffi. Page I ofl Home > National Historic Sites > National Historic Sites of Canada Cost-Sharing Program 1-ì ì .¡r National Historic Sites of Canada Cost-Sharing Program Parks Canada is pleased to announce the launch of the NEW National Historic Sites of Canada Cost-Sharing Program. Parks Canada recognizes the need to support, maintain and improve the health and wholeness (the commemorative integrity) of national historic sites of Canada. This role is an integral part of our mandate, which includes protecting and presenting nationally significant examples of Canada's cultural heritage. The National Historic Sites of Canada Cost-Sharing Program is a contribution program whereby up to 50o/o of eligible costs incurred in the conservation and presentation of a national historic site, are paid to the site owner in the form of reimbursements. A recipient can receive up to a maximum of $1,000,000. Eligible recipients are incorporated not-for-profit organizations, other levels of government, and aboriginal organizations. Projects eligible for funding include those intended to develop technical and planning documents agreed by Parks Canada as necessary to ensure the site's commemorative integrity, and conservation projects to preserve, rehabilitate and/or restore components of a national historic site in order to ensure its commemorative integrity. Conservation projects may also include the development and implementation of presentation projects that focus on communicating to the public the reasons for designation as a national historic site, Applications forfinancial assistance will be assessed according to established criteria. Please note that funding is limited. The application deadline for fiscal year 2009-2010 is April24,2009, with subsequent tw¡ce- yearly application deadlines to be announced. For further information, please contact the Program Office for the National Historic Sites of Canada Cost-Sharing Program: Planning and Programs Branch, National Historic Sites Directorate, Parks Canada 25 Eddy Street (25-5-Q), Gatineau, Quebec, KlA 0M5 Phone: t-866-377-1947 Fax: 819-953-4909 Ema il : pa rtagedesfra is. costsha ring@ pc. 9c,ca Previous Page Date Modified: 2009-03-03 Table of Contents http ://www .pc. gc.ca/ pro gs/1hn-nhs/ppf-csp/index_e. asp Ne¡G rage 3/t3/2009 Correspondence from Parks Canada regarding "National Histori... Page 83 of 303 Page 84 of 303 Dorchester, ON NOL 1G3 519-268-3928 fax March 2,2009 RE: Municipal fmpact - Collapse of Recycled Materials Commodities Market The Municípality of Thames Centre has been proactive in advancing our waste diversion program. In October of 2008 the MunicÍpality increased our winter collection service levels to deliver the Blue Box program on a weekly basis all year round. The figures for this past December indicate a successful program adjustment with recycling tonnage increasing by 37o/o, and garbage tonnage reducing by L4o/o. Despite this success, the global economic problems have had a direct impact on the value of recycled materials, and the viability of our Blue Box program. Our current service contract is with Halton Recycling Limited, who collects, process and markets our recycled materials on our behalf. We have estimated the cost impact to Thames Centre's 2009 program will be approximately $150,000 on a total contract value of $218,500 (representing a 670/o cost impact). The current WDO model which provides 50o/o funding of the Blue Box program will not reimburse the Municipality for these temporary program cost increases until 2011. It would be challenging for the Municipality to finance our portion of this temporary cost, but bridging the entire cost until 2011 is not possible. As demonstrated by the February 23 announcement of Ontario's Plan for a Green Economy, the Province intends to grow environmental programs as part of their response to the current economic recession. Unlike many industries requiring suppoft at this time, the level of support for recyclers is accurately measurable in real-time, can be scaled down as the market improves, and the situation is temporary since it will last only as long as the reduced market value for commodities. We respectfully request the Province to provide immediate suppoft to Municipalities and our private sector paftners to secure the long-term viability our waste diversion programs. Sincerely, Jim Maudsley, Mayor, Municipality of Thames Centre Cc: Steve Peters, M.P.P. Elgin-Middlesex-London Ms. Cliodhna McMullin, Chair Waste Diversion Ontario Ms. Sandra Banks, Chair Stewardship Ontario AMO (for circulation to all Ontario Municipalities) Correspondence dated March 2, 1009 from Municipality of Tham... Page 85 of 303 Page 86 of 303 ø3/L6/2øø9 89:37 51 98254328 ECO DEV POLICY BRANC PAGE øL/ø2 Mlnlrtry d En€rgy and fnfrErstfucùrs 8lh Floorr F¡oËt Bulldlng ó1outh lorcrÌlo, Ontarlo MZA 1y7 Mhl8tryof Agrlqiftulq Food and Fural Affalre 77 Grenvtlle Stfe€t, 1 1th Floor Toþnto, Ortarlo MSS f Bg wr¡¡¡r.or¡tarb. celomafra I I 2009 Mlolotèfe atâ L'èn€tgte €t de l'lnlr¡sùT¡cfura Édif,ce rrcstsr¡,1éage Toronto (Ontrdo) MZA 1y7 Mln¡ttère dd I'AgrlculturÊ, de I'Allmentatlon el des Allqlræ rualee 7, rue G¡envfllo, 1i. étage Toronto (Ontarío) M5S r E3 wr.vw,ontario¡a/or¡at¡ [lAR Her lVorship Lynn Aore Mayor Municipality of Bayham 9344 Plank Road PO Box 160 S traffor. dvil 1 e, Ont ario NOJ lYO Fax number: (519) B6G3B84 Dear Malor Acre: Tha¡lk you fo -2 frmding. The province hns reviewed you that your e are plea'sed to inform On August 16,2007, the government announced a $4G-million, five-year funding prograu1 to provide capital and operating assistånce to municipalities and l¡cal S"rvic"r noaras (iSBs) witnpublic drinking water systenrs serving unall populations. Bocause of thcir size, many small communities, particularly in northem and rurql Ontario, face unique challerrges with the fin¿ncial srutainability of their drinking water systems. this drnding prograrn is a key stç in responding to these challenges. oSWAP'2 is the second stage of the $40-nillion firnding program for small communiries.oswAP'z provides S12 million in entitlemrent operatintg*tr to mutúcípalities and IÆBs with public drinking water sy*teris serving 1,00r to 5,000 *siðqrtr over four vr*. The provinoc hæ assessed the total demand for OSWAP-2 funding based on all eligible EOIs.we are pleased to inform ¡ou that it is the ¡novince's intention to provide the lr¿unicipalityof Bayham with $40,020 in entitlement fuodittg per year ovsr the tr.xt fo* yeârs. 3188: /2 Correspondence dated March 16, 2009 from Ministry of Energy ... Page 87 of 303 Ø3/16/2øØ9 Ø9:37 5198264328 MayorAcre Paee2 ECO DEV POLICY BRANC PAGE ø2/ø2 shortly to provide a p,rovincial conhibution late conditions for receipt of OSWAp-2 Should¡ou have any questions please cäll I-BB8-5EE41 I I or send. an e-mail too$waþ(Aontario.câ. Once agaín, thank you for your intøæt in OSWAP-2. Minister of Enerry and Infastmcture cl Mr, Steve Petørs, Mpp El gln-Middlesex-I¡ndon Correspondence dated March 16, 2009 from Ministry of Energy ... Page 88 of 303 Minlsw of Munlclpal Allalr¡ and Hous¡ng 7r7 BayStreet 1f Fþor Toronto ON M5O 2E5 Tel. 416 585 7000 Mini¡tère dec Affalreû munlclpales et du LogBmont Tn, rue Bay, 1 7' étage Toronto ON MsG 2E5 Té1.416 585 7000 www.mah.gov.on.ca www.mah.gov.m.ca March 16,2009 To: Heads of MuniclpalGouncil The Ontario government is joining others around the wold in recognizing Earth Hour. On Saturday March 28, between 8:30 and 9:30 p.m., we willbe turning off the lights in many prov¡nc¡af government buildings. Earth Hour is a global event to promote energy conservation and send a global message about working together to tackle cl¡mate change. Last year, 50 million people participated in this international campaign. Several cities and towns in Ontario have already made a commitment to participate in this yea/s event. lf you have not done so already, I encourage your municipality to be involved as well and sign up at www.earthhour.org. This delivers a powerful message that we can all contribute and make a ditference in addressing climate change. Ontario is committed to fighting climate change and our government has taken actions to put us at the forefront with some of the most progressive measures in North America. By participating in Earth Hour, we all have the opportunity to do something simple while showing we are leaders when it comes to the environment. lt's a reminder that making small changes in our lives can produce huge gains in conserving energy, Minister Correspondence dated March 16, 2009 from Ministry of Municip... Page 89 of 303 Page 90 of 303 Mlnlstry ôf Nátúñáf- -M¡ni6Ereitès Rlchı"sses Ministry of the Environment Offìce of the Minisler 135 St. Clah Avenue West 12rh Floor Tel:416-314S790 Fâx:4f6-314-6748 Resources Office of the Minister Room 6630, Whilney Block 99 Wellesley Stfeet West Toronto ON M7A'lW3 Tel:416-314-2301 Fax: 416-314-2216 March 16, 2009 MEMORANDUM TO: RE: Ministère de I'Envíronnement Bureau du ministre 135, ayenue St. Clâir Ouest 12u. ëlage Tél :416 314-6790 Télec. : 418 314S748 naturelles Bureau de la ministæ Édiñce Ì,t/hitney, burÉau 6630 99, rue Wellesley Ouest Toronto (Ontårio) M7A 1W3 Tè1. :418 314-2301 Téléo. : 4'lG 314-2216 ll f.l All Heads of Council lmplementation of the Great Lakes - St. Lawrcnce R¡ver Basin Sustainable Water Resources Agreement We are pleased to provide you w¡th an update on recent developments to protect the waters of the Great Lakes through the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement (Agreemen$, We trust that we have your commitment to do your part to ensure the principles of this Agreement are met. As you know, on ÐeÇember 13, 2005, the Great Lakes prem¡ers and governors s¡gned the Agreement to achieve stronger protection and conservation of the Great Lakes Basin waters. Through the Agreement, the parties have agreed to: r Ban diversions of water out of the Great Lakes-St. Lawrence River Basin and prohibit new or increased transfers of water from one Great Lake Watershed to another unless strictly regulated criteria are met;. Strengthen water conservation through programs in each province and state;. Establish a stronger new basin-wide environmentalstandard for regulating water uses across provinces and all states;c Build the information and science needed to support sound decision-making;. Formally recognize the authority of the federal governments and the lnternational Joint Commission under the Boundary Waters Treaty, which remains unchanged;r Províde a stronger voice for Ontario, its citizens and First Nations in the regional review of water use proposals by other jurisdictions for exceptions to the prohibition against diversions; and. Build regional collaboration, for example, in the review of water rnanagement ând conservation prog rams. ln the United States, the Agreement is supported by a binding inter-state Compact Agreement among the eight Great Lakes States, which was signed by U.S. President George W. Bush on October 3, 2008. This sÌgned Compact Agreement came into effect on December 8, 2008. Correspondence dated March 16, 2009 from Ministry of the Env... Page 91 of 303 Here at home, Ontario has already made significant progress in implementing the Agreement. On June 4, 2007, the Safeguarding and SustainÌng Ontario's Water Acf received Royal Assent, enabling implementation of the Agreement in Ontario through amendments to the Antario Water Resources Act (ûWRA). ThaProvince is currently developing supporting regulations to proclaim new sections of the OWRA to fully implement the Agreement. The Great Lakes Charter, 1985 (ChaÉer) remains in force untilsupporting regulations are in place. The Charter commits Ontario to "Prior Notice and Consultation" (PNC) with Québec and the eight Great Lakes States before approving any new or increased water diversion (transfer out of the Great Lakes Basin or from the watershed of one Great Lake to another) over 19 million litres per day. The Gharter also requires PNC for any new or increased consumptive L¡se of water over 19 million litres of water per day, The Ministry of Natural Resources (MNR) administers the Charte¡ in Ontario. ln addition to the requirements of the Charter, the Ministry of the Environment (MOE) and the MNR willwork closely with municipalities proposing water or wastewater servicing projects which trigger the Agreement to ensure they meet the spirit of the Agreement while supporting regulations are developed, Municipalwater and wastewater projects which involve a new or increased transfer of water or Bewage of 379,000 litres per day or more from one Great Lake Watershed to another will trigger the Agreement. ïhe MOE has developed a Technical Bulletin for lntra-Basin Transfers for water and wastewater proposals which trigger the Agreement (enclosed). The Technical Bulletin applies to undertakings under the Municipal Engineers Association Municipal Class Environmental Assessment (MEA Class EA) and has been developed for MOE Regional Offlces as they are a mandatory review agency of Schedule B and C projects. Regional Offices will encourage proponents to treat undertakings which will involve a new or increased intra-basin transfer of 379,000 litres per day or more as a Schedule C project under the MEA Class EA. This measure wilf help municipalities undeflake projects with a view that supporting regulations under the OWRA may be in effect when applying for a Permit to Take Water following the completion of an environmental assessment. As such, provisions under the Agreement should be considered early in the planning process. Over the coming months, the Province will be undertaking consultation on the regulatory framework to implement the intra-basin transfer provisions of the Agreement in Ontario. lf your municipality would like to activety participate in the development of the regulatory framework as a member of the Municipal Sector Working Group, please contact Rheanna Leckie at705-755-5404. The Province looks fonruard to working wíth municipalities on the development of these regulations to fully implement the Agreement. We thank you for your cooperation and your continued commitrnent to protecting the environment and the waters of the Great Lakes Basin. of the Environment Minister of Natural Resources Correspondence dated March 16, 2009 from Ministry of the Env... Page 92 of 303 Technical Bulletin Environmental Assessment Direction for Municipal Water and Wastewater Projects Proposing an Intra-Basin Transfer PURPOSE The purpose of this Technical Bulletin is to provide interim direction to municipalities planning water and wastewater projects to ensure that intra-basin transfers are not undertaken in a manner that is inconsistent with the provisions of the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement until supporting regulations are in place. The Technical Bulletin also provides direction to municipalities on requirements under the Great Lakes Charter which currently remains in force. BACKGROUND ln June 2007, the Safeguarding and Sustaining Ontario's Water Acf (SSOWA) received Royal Assent, amending the Ontario Water Resources Acf (OWRA). These changes to the OWRA help implement the commitments Ontario made in signing the Great Lakes - St. Lawrence River Basin Sustainable Water Resources Agreement, 2005 (Agreement) with Quebec and the eight Great Lakes States (parties of the Agreement). The Agreement committed the parties to a ban on water diversions (or transfers), with strictly regulated exceptions, strengthened water conservation and common environmental standards for regulating the use of surface or groundwater resources of the Great Lakes - St. Lawrence River Basin. Among the amendments made to the OWRA through SSOWA is the prohibition of a new or increased transfer of 379,000 litres of water per day or greater from one Great Lakes Watershed to another subject to strict exceptions. While the OWRA was amended to incorporate the provisions of the Agreement in 2007, supporting regulations are required to fully implement the Agreement before these provisions can be proclaimed. The Ministries of Environment (MOE) and Natural Resources (MNR) are working collaboratively to develop regulations to managg intra-basin transfers. Until regulations are completed and the other Great Lakes jurisdictions bring provisions of the Agreement into law, the Great Lakes Charter, 1985 (Charter) remains in force. The Charter commits Ontario to Prior Notice and Consultation with the eight Great Lakes States and Québec before approving any new or increased water diversion (transfer out of the Great Lakes Basin or from the watershed of one Great Lake to another) over 19 million litres per dayl. The Charter also requires Prior Notice and Consultation for any new or increased consumptive use of water over 19 million litres per day. ENVI RON MENTAL ASSESSMENT Municipal water and wastewater servicing proposals (such as expansions of water and sewage infrastructure i.e. pipes, treatment plants etc.) are generally planned and designed under the Municipal Engineers Association Municipal Class Environmental Assessment (MEA Class EA). MOE Regional Offìces, specifically Environmental Resources Planner/Environmental Assessment Coordinators are mandatory points of contact where a proposed undertaking (i.e. projects, activities etc.) is classified as Schedule B or C in the MEA Class EA. t The Ontario'Water Resources Act (OWRA) prohibits the transfer of water out Ontario's three major water basins including the Great Lakes Basin - see section 34.3 of the OWRA. A prohibition against transfers out of the Great Lakes Basin has been in place under the OWRA since 1999. MARCH 16,2009 -1- Correspondence dated March 16, 2009 from Ministry of the Env... Page 93 of 303 The MEA Class EA, Section A.2.10 identifies the Agreement, the OWRA and SSOWA as key provincial legislation to consider while undertaking the Class EA process. Additionally, Section A.2.10.2 recommends that technical consultation with the MOE is undertaken for all complex projects involving the construction of water supply and treatment as well as sewage treatment and disposal systems. Projects resulting in an intra-basin transfer subject to the Agreement or consumptive uses that trigger the Prior Notice and Consultation provisions of the Charter are considered complex projects. While this Technical Bulletin is geared to projects under the MEA Class EA, proponents undertaking an individual EA should also consider the principles of the Charter, the Agreement and the direction outlined below. DIRECTION TO ENSURE COMMITMENTS UNDER THE GREAT LAKES CHARTER ARE SATISFIED IN RELATION TO CONSUMPTIVE USE AND WATER DIVERSION. There are two triggers under the Charter for Prior Notice and Consultation that are relevant to an Ontario water taking, one in relation to intra-basin transfers and one in relation to the consumptive use portion of a water withdrawal (or taking). Consumptive use is defined as that portion of water withdrawn or withheld from the Basin that is lost or othenuise not returned to the basin due to evaporation, incorporation into products or other processes.2 For municipal water use, the consumptive portion of the withdrawal has been estimated to be 1 0-15% of the new or increased withdrawal volume.3 Under the Charter, Prior Notice and Consultation is required for proposed withdrawals that involve a new or increased consumptive use of water of 19 million litres per day or more averaged over any 30-day period. All undertakings for municipal water projects which will result in a new or increased water diversion (transfer of water between Great Lake watersheds) of 19 million litres per day or more averaged over any 30-day period will also trigger the Charter. The proponent should contact the Lands and Waters Branch, MNR (administrator of the Charter) (contact information below) to confìrm the consumptive use and/or water diversion, identify what supporting information is required and coordinate Prior Notice and Consultation if required. DIRECTION TO ENSURE COMMITMENTS UNDER THE GREAT LAKES. ST. LAWRENCE RIVER SUSTAINABLE WATER RESOURCES AGREEMENT ARE SATISFIED IN RELATION TO INTRA.BASIN TRANSFERS Proponents of undertakings for municipal water or wastewater projects where one of the alternatives will result in a new or increased intra-basin transfer of 379,000 litres per day or more should consider treating the undertaking as a Schedule C undertaking under the MEA Class EA. Schedule C undertakings proceed under the full planning and document procedures (Phase 1-5) as specified in the MEA Class EA. The five phases of the MEA Class EA require greater analysis of the preferred solution and additional public consultation. The Schedule C process includes identification of the problem or opportunity (Phase 1); 2 This d"fi-ition comes from the Agreement. A slightly differently worded defurition appears in the Charter. Subsection I (6) of the OWRA also provides a definition of consumptive use that draws on these definitions. 3 The Ministries are consulting on what approach to øke in ¡elation to calculating the amount of consumptive use as part of its consultation on the SSOWA regulations. MARCH 16,2009 2 Correspondence dated March 16, 2009 from Ministry of the Env... Page 94 of 303 identification of alternative solutions (Phase 2); identification of alternative design concepts for preferred solution (Phase 3); documentation of the rationale, planning, design and consultation process of the project in an Environmental Study Report (Phase 4); and implementation (Phase 5). ln comparison, Schedule B undertakings only require fulfillment of Phase 1 and 2 of the MEA Class EA process only. The contents of the Environmental Study Report are outlined in Section A.4.2 of the MEA Class EA. ln the Environmental Study Report, the proponent (with the assistance of the MOE and MNR) should demonstrate how intra-basin transfer provisions outlined in Section 34.6(1)-(3) of the OWRA (Schedule 1) have been met. The ESR should also show that the principles of the Agreement have been considered. Below is a summary of the intra-basin transfer provisions as outlined in Section 34.6(1)-(3) of the OWRA. Agreement Intra- Basin Transfer Provisions Type of Trigger New or increased intra$asin transfer ofà 379,000 litres per day I IY New or increased intraåasin transfer involving a consumptive use of ¿ 19 million litres per day 1. Municipal Drinking \ ¡ater Systems . Must meet exception criteria (as ooüined ¡n Eection 34.6(3) of the OWRA), includino retum fiow to souroe Gr€at Lake Waüe¡shed. All Uses . Must meèt exception criteria (as outlÍned in Section 34.6(3) of the OWR^), exceot return fow may be to anothêr Grêat Läkês Wâlêrshåd if deríoûsùâtêd lhat it ¡s hot fêdsible, environmentally sound or cost effective to rôtuñ wâiêr to th€ sourcê Greât L¿kes Watershed and:. There are no feasibfe, environmenlally sound, cost effective altêrnative$ tg it€ tranler, including conse rvalion and; ' Ontarío must providê prior notice to Great Lakes States and Quebec. All Uses . Musl rileol exceplion criteria (as outlined in Sedion 34.6(3) of lhe OI/!RA)!p[gg[qg teturn llow to sourco Gr6et Lakãs Watershad and;. Thete arg no feasÍble alternal¡ve to theltânsfet, including conservatbn; and. Is subjad 1o Regionaf Reviøo by the partíes lo the AqreeÍÞnt. Addilional rÍaterhls may b€ requirod to su¡rpoÉ Rêgionet Revi€w end consuhalion-. The PTTW that would be bsued would be from the Minisler. Nole: 1, 379,000 ud arìd 19 million lld are both a¡nount referenced ¡n SSc)l /A and the Agreement 2- Consumpt¡ve use has in lhe p6Ët béen ratcutated ÈisÍæ - for municipal takÍngts, 10{ 5% is the co-etf'reÍent that has þe€n used, CorßumptivÊ L6e - water that is lost through evaForation, ¡ irto a product or any other process where wate¡' ís rbt returrËd to the basín. Consultation requirements for Schedule C projects as outlined in Section A.3.4 of the MEA Class EA, require three mandatory points of contact. At the third point, the Environmental Study Report is placed on the public record for at least 30 calendar days and the Notice of Completion of the Environmental Study Report shall advise the public and review agencies of their rights with regard to requesting a Part ll Order ("Bump-up") request (section 16 of the EnvironmentalAssessment Act). The appeal process of the MEA Class EA is outlined in Section A.2.8 of the MEA Class EA. + 3 MARCH'16,2009 Correspondence dated March 16, 2009 from Ministry of the Env... Page 95 of 303 lf the proponent is unwilling to voluntarily treat its proposed undertaking as a Schedule C undertaking, the Ministry may consider making a recommendation to the Minister of the Environment under ss. 16(3) of the Environmenfal Assess ment Act, requesting that heishe order that the project be assessed as a Schedule C undertaking under the MEA Class EA. Additionally, the Ministry may consider making a recommendation for a ss.16 (3) order for additional requirements such as specific monitoring and reporting. Furthermore, the MOE (in consultation with a proponent) may determine that an undertaking should be assessed as an individual EA if the size of the proposed . undertaking or complexity warrants such analysis (e.9. if Regional Review is required) and recommend that the Minister of the Environment make an order under ss. 16(1) of the Env iro n menfal Assessm e nt Act. Proponents who adhere to the Technical Bulletin and demonstrate that a proposed intra- basin transfer meets the criteria outlined in subsections 34.6 (1) to (3) of the OWRA to the satisfaction of the MOE and the MNR may be able to use this work to demonstrate compliance with the intra-basin regulations currently under development, MASTER PLANS Section A.2.7 of the MEA Class EA identifies that municipalities may consider a group of related projects under a Master Planning process. There are a variety of basic approaches to Master Planning as described in the MEA Class EA, all of which at a minimum, address Phases 1 and 2 of the MEA Class EA process. When preparing a Master Plan, proponents are encouraged to consider the Agreement and how it applies to specific projects identified by the Master Plan at this stage in the planning process. lf a project identified in a Master Plan considers an alternative that will result in a new or increased intra-basin transfer of 379,000 litres per day or more, proponents should consider treating the specific project as a Schedule C undertaking under the MEA Class EA. For more information, please contact: Paula Thompson Caroline Cosco Senior Policy Advisor Senior Policy Analyst Water Resources Section Land and Water Policy Branch Lands and Waters Branch Ministry of the Environment Ministry of Natural Resources 135 St. Clair Avenue West, 6th Floor 300 Water Street, P.O. Box 7000 Toronto, ON M4V 1P5 Peterborough, ON KgJ 8M5 caroline.cosco(Oontario.capaula.l.thompson@ontario.ca 416-314-0635 705-755-1218 -4- MARCH 16,2009 Correspondence dated March 16, 2009 from Ministry of the Env... Page 96 of 303 Schedule 1: Exceptions and Criteria for lntra-Basin Transfers Water transfers: Great Lakes watersheds 34.6 (1) A permit shall not be issued or amended under section 34.1 so as to authorize the taking of water from a Great Lakes watershed if, a. any of the water would be transferred; and b. the new or increased transfer amount would be the threshold amount. 2007, c.12, s. 1 (12). Exceptions (2) Subsection (1) does not apply to the following transfers: 1. A transfer that satisfies the following criteria:i. The portion of the new or increased transfer amount that is lost through consumptive use, a. is always less than 19 million litres, or the lower amount prescribed by the regulations, per day, or b. if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 19 million litres, or the lower amount prescribed by the regulations, per day.ii. The water is taken by the operating authority of a municipal drinking water system within the meaning of the Safe Drinking Water Act,2002 and the system serves a major residential development within the meaning of that Act.iii. The criteria described in paragraphs 1 to 7 of subsection (3) are satisfied. 2. A transfer that satisfies the following criteria:i. The portion of the new or increased transfer amount that is lost through consumptive use, a. is always less than 19 million litres, or the lower amount prescribed by the regulations, per day, or b. if a regulation is made prescribing the manner of calculating average amounts of water, is less than an average of 19 million litres, or the lower amount prescribed by the regulations, per day.ii. The water is taken by the operating authority of a municipal drinking water system within the meaning of the Safe Drinking Water Act,2002 or by any other person. iii. lt has been demonstrated that conservation of existing water supplies is not a feasible, environmentally sound and cost effective alternative to, a. the transfer, in the case of a new transfer, or b. the transfer of the additional amount, in the case of an increased transfer. iv. There are no other feasible, environmentally sound and cost effective alternatives to, a. the transfer, in the case of a new transfer, or b. the transfer of the additional amount, in the case of an increased transfer.v. The criterion described in paragraph I of subsection (3) is satisfied, or it is not feasible, environmentally sound or cost effective to satisfy that criterion.vi. The criteria described in paragraphs 2 to 7 of subsection (3) are satisfied.vii. Notice of the application for the permit or amendment has been given to the Province of Quebec, the states of lllinois, lndiana, Michigan, Minnesota, New York, Ohio and Wisconsin and the Commonwealth of Pennsylvania in accordance with the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005. 3. A transfer that satisfies the following criteria: MARCH 16,2009 5 Correspondence dated March 16, 2009 from Ministry of the Env... Page 97 of 303 i. The portion of the new or increased transfer amount that is lost through consumptive use, a. is at least 19 million litres, or the lower amount prescribed by the regulations, on any day, or b. if a regulation is made prescribing the manner of calculating average amounts of water, is at least an average of 19 million litres, or the lower amount prescribed by the regulations, per day.ii. lt has been demonstrated that conservation of existing water supplies is not a feasible, environmentally sound and cost effective alternative to, a. the transfer, in the case of a new transfer, or b. the transfer of the additional amount, in the case of an increased transfer.iii. There are no other feasible, environmentally sound and cost effective alternatives to, a. the transfer, in the case of a new transfer, or b. the transfer of the additional amount, in the case of an increased transfer.iv. The criteria described in paragraphs 1 to 7 of subsection (3) are satisfied.v. The requirements of subsection 34.1 (14) have been complied with. 2007, c. 12, s.1 (12). Criteria (3) The criteria referred to in subparagraphs 1 üi,2 v and vi and 3 iv of subsection (2) are: 1. The new or increased transfer amount is returned, either naturally or after use, to the same Great Lakes watershed from which it was taken, except for an amount prescribed by the regulations that may be lost through consumptive use. 2. The efficient use and conservation of existing water supplies cannot reasonably avoid, i. the transfer, in the case of a new transfer, or ii. the transferof the additional amount, in the case of an increased transfer. 3. The new or increased transfer amount is reasonable, given the purposes for which, i. the transfer is done, in the case of a new transfer, or ii.the transfer of the additional amount is done, in the case of an increased transfer. 4. The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to ensure that it does not result in any significant individual or cumulative adverse impacts on the quantity or quality of the waters, or the water-dependent natural resources, of the Great Lakes- St. Lawrence River Basin, considering the potential cumulative impacts of any precedent-setting consequences associated with the transfer or the transfer of the additional amount, as the case may be. 5. The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to incorporate feasible, environmentally sound and cost effective water conservation measures to minimize the taking of water and losses of water through consumptive use. 6. The transfer is implemented so as to ensure that it complies with, i. the Boundary Waters Treaty of 1909, ii. the lnternational Boundary Waters Treaty Act (Canada), and iii. any other treaty, agreement or law that is prescribed by the regulations. 7. The transfer, in the case of a new transfer, or the transfer of the additional amount, in the case of an increased transfer, is implemented so as to ensure that it complies with any other criteria that are prescribed by the regulations for the purpose of implementing Article 209 (Amendments to the Standard and Exception Standard and Periodic Assessment of Cumulative lmpacts) of the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement of 2005, including criteria relating to MARCH 16,2009 Correspondence dated March 16, 2009 from Ministry of the Env... Page 98 of 303 climate change or other signifìcant threats to the Great Lakes-St. Lawrence River Basin. 2007, c. 12, s. 1 7 MARCH 16,2009 Correspondence dated March 16, 2009 from Ministry of the Env... Page 99 of 303 l' Correspondence dated March 16, 2009 from Ministry of the Env... Page 100 of 303 I*l 3'*#äJ:' 3HäJ:"" OtÌawa, Canada K1 A 0T6 www.statcan.ca l4Al i n 'ìì ; February6,2009 I ,;: ; iì,.,,,i l_,,, Dear Sir / Madam, Statistics Canada has recently unveiled a new data warehouse about small and medium enterprises (SMEs) in Canada. This warehouse provides timely, high quality data that can help you in developing business planning and economic development strategies. Using administrative data, Statistics Canada has created a series of data covering all SMEs in Canada for fiscal years 2001 to 2006. This database will be updated annually with the latest data. This information is the most up to date information available, and because it can be produced at the local and regional level, I have taken the liberty of sending you this letter to let you know about it, Not only is the information timely, of high quality and available by selected geographic areas, it is also affordable. Statistics Canada produces information for the public good, and therefore its pricing strategy is developed to recoup only the real costs of producing customized data products. You will find enclosed a brochure that describes in more detail the data currently available, a CD-ROM containing a sample of national, provincial and territorial data as well as information on custom data prodttcts. For more information or to request data, please contact: Small Business and Special Surveys Division Statistics Canada 1-877-679-2746 email : sbss-pees@statcan.qc.ca Sincerely yours, Special Surveys D vision Can @ Correspondence dated February 6, 2009 from Statistics Canada... Page 101 of 303 Page 102 of 303 Mayor Lynn Acre 9344 Plank Rd., Box 160 Straffordville, Ontario N0J 1Y0 C S Aot WrrK Dear Mayor Lynn Acre, As you may know, National Volunteer Week is fast approaching and what better way to recognize volunteers than to celebrate the thousands of community coaches in the province. April 18 through to the 26th has been designated as Ontar¡o Coaches Week - an initiative launched by the Coaches Association of Ontario in 2006 with the support of both the Province of Ontario and the Federal Government. The goal of the week is to help bring quality sport programs to thousands of children by inspiring more Ontarians to take up coaching as their volunteer activity. Good coaches can positively influence a child's self-confidence and attitude toward sport and fitness and health as a lifelong pursuit. During Ontario Coaches Week, over 1,000 men and women will be attending FREE clinics and workshops across Ontario to develop their skills and learn more about coaching young people and becoming a better coach. This program was designed to recruit all young and old into coaching - grandmothers and grandfathers, young people, teachers, and more women. Coaching workshops will be held in over 30 different communities from Kincardine to Cornwall, Port Colborne to Petrolia. As we celebrate Ontario Coaches Week, we ask every community to join us in celebrating all of Ontario's MANY coaches who dedicate hours to help build teams, develop sport skills, and make us proud as we celebrate athletic accomplishments. There are a number of ways for your community to get involved: ¡ PROCLAIM, DECLARE, or DESIGNATE "Coaches Week" in your town or community, in your clubs, and schools ¡ Write an article recognizing the hours and dedication of a role model coach. Call the local newspaper or radio station and get it published. Let local media know coaches have their own week in Ontario. . Nominate a coach for an award by contacting a Provincial Sport Orqanization and find out about their award process. Submit a nomination for Ontario's Coach-of-the-Month. Create your own community coach recognition award. . Buy your coach breakfast during Ontario Coaches Week or just say "Thanks Coachl" I hope your community will join us in our efforts. For more information about Ontario Coaches Week or the Coaches Association of Ontario, please visit us online at www.coachesontario.ca or phone us directly at (416) 426-7086, toll free 1-888-NCCP-ONT. Yours in Coaching,w Sheilagh Croxon, Chair, Coaches Association of Ontario 3 Concorde Gate, Suite 108, Toronto ON M3C3N7 ÐÞo"tario Correspondence received March 17, 2009 from Coaches Associat... Page 103 of 303 Page 104 of 303 Hydro One Networks Inc. 483 Boy St. South Tower 8tr Floor Toronto, Onlorio MsG 2P5 www.HydroOne.com Enzo Concillq Monger Public Affo¡rs (4161 345.5892 l4t6134s-6e84 hvd rog' one Tel: Fox 4^ Match 9,2009 Mayot Lynn Acre and Members of Council Municþality of Bayham 9344PlankRd. Box 160 Straffordville, ON NOJ 1Y0 ¡4'if Deat Mayor Acte and Council: Hydto One 2008 Deliveqy Rate Changes I'm writing to inform you that the Ontario Enetgy Boatd (OEB), following an extensive teview process which involved a public hearing, has recently apptoved changes to Hydro One's delivery rates. Delivery rates cover the cost to operate, maintain and upgrade our province-wide low-voltage distdbution netwotk and provide customer services such as bi[ing meteting, outage response and forestry services. The OEB established an effective date of May 1,2008 for the apptoved 2008 delivety rltes, and Hydro One began implementing them on Febtuaty 7,2009.  retroactive adjustment is being applied to the Delivery chatge on our customers'bills from February 7,2009 to Aptil 30,2077. These râte changes repÍesent an increase of about one to tlrree pet cent pet month on the total bill for most Hydro One tesidential a¡d fatm customers, while out general service enetgy-billed customets will see a dectease of up to nine per cent per month on their total bills. A delivery tate incease is necessary to maintain a teliable distribution system. Our first priority is to delivet electricity to our customers safely, teliably and efficiently. To meet this priodty, prudent investments in our distdbution system are tequired to: . build or upgtade our facilities to keep up with customer gtowth . replace equipment damaged by storms ot neadng its end-of-life; . increase our fotestty preventive line cleadng program by about 20o/o, cleanng72,500 kilometres of line annuaþ; and . inctease the number of poles we replace this yeat by about 30o/o, to 7,000. Consistent with the OEB's guidelines, Hy&o One also received approval to simpli$r its tate structute based on â user-pay ptincþle and the fatr and consistent application of rates âcross out endre customer base. Out main objective is to ensure that our delivery rates accurateþ reflect our cost of setvice, and that they ztre faìt, teasonable and úfotdable for out r^tep^yers. Some key changes include the hatmontzaton of tates for Hydto One's acquired customers who were fotmerly served by local distdbution companies putchased by Hydto One, and a single seasonal customer rate class. New rate classifications have also been established fot distributed genetatots and sub-transmission customers. Correspondence dated March 9, 2009 from Hydro One Networks I... Page 105 of 303 Page 106 of 303 ¿àt Request from Isaac Froese regarding "Temporary Housing for L... Page 107 of 303 Page 108 of 303 l\v,' lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada 519 4727328 519 4729354 tel fax Memorandum To/Attention From cc Subject Municipality of Bayham William Pol, MPA, MCIP, RPP Green Energy Act 2009 Review Date March 2,2009 Project No 99 Steno rm INTRODUCTION The Green Energy Act 2009 is sweeping new legislation to attract new investment, create new green economy jobs and better protect the climate. lt creates two equally important directions: 1. Make it easier to bring renewable energy facilities or projects to life; and 2. Foster a culture of conservation by assisting homeowners, government, schools and industrial employers to transition to lower energy use. The Act was given first reading February 23, 2009 and has been sent to Government Committees for review of the draft legislation. The Act is posted on the Environmental Registry for 30 days for review and comment where Council's can submit comments before March 26, 2009. All comments will become part of the public record. The impacts on land use planning are significant. ln order to create more renewable electrical energy the proposal is to streamline the approval process by amending the Planninq Act provisions as they apply to generation facilities and renewable energy sources. The legislation creates the new Green Energy Act and amends the Electricity Act, Ministry of Energy Act, Ontario Energy Board Act, Clean Water Act, Environmental Bill of Rights Act, Environmental Protection Act, Ontario Water Resources Act, the Planning Act and several other related Acts. lBl Group has undertaken a review of the Green Energy Act 2009 in relation to the land use planning and responsibilities of local governments in considering renewable energy facilities or projects. PLANNING ACT ln the Green Energy Act, Schedule K sets out the changes to the Planning Act. The following section summarizes changes to the Planning Act relating to renewable energy generation facilities and projects: 1. The following definitions have been added. o "Çaleration facilitf' relates to the facility for generating electricity or providing ancillary services but does not include transmission for distribution facilities. . "renewable energy projecf', includes wind, water a biomass resource or product, solar energy, geothermal energy and other prescribed energy sources. These two definitions are referenced from the Electricity Act, 1998 lBl Group is a group of firms prov¡ding professional services and is affìlialed with lBl Group Architects Correspondence dated March 2, 2009 from IBI Group regarding ... Page 109 of 303 lBl Group Memorandum Municipality of Bayham 2. Consent to sever for renewable energy generation facility or project is not applicable to a maximum of 40 years. 3. The Provincial Policy Statement 2005 remains in effect as it applies to renewable energy facilities or projects generation facilities for decisions, comments, submissions and advice; 4. Municipal Official Plan policies are not applicable to renewable energy generation, facilities or projects. 5. Zoning By-law regulations are not applicable to renewable energy facilities or projects. 6. Site plan approvai including decommissioning plans are not applicable to renewable energy facilities or projects. 7. Holding provisions related to the development of dispute resolution and emergency services protocols are not applicable. 8. lnterim control by-laws to prohibit the establishment of renewable energy facilities or projects are not applicable. L Minor variance applications related to renewable energy facilities or projects are not applicable. '10. Development permit systems applicable to renewable energy facilities or projects are not applicable. ln reviewing the Green Energy Act there have been no amendments made to the Municipal Act related to responsibilities or authorities available to Municipal Council. ln reviewing the Green Energy Act there have been no amendments made to the Highway Traffic Act related to responsibilities or authorities available to Municipal Council. There have been no changes identified to the Building Gode Act except for a review of energy conservation standards evaluated every five years and an advisory body for these standards. Future Regulations The Act does not set out land use planning standards for the development of renewable energy facilities or projects normally found in policies, regulations and site plan agreements. These standards will be established in some future regulations. The legislation does not clearly set out what the approval process will be in terms of application submission, technical review, public review opportunity and implementation. IMPACTS ON COUNCIL The following comments highlight impacts on local council decision making. . No municipal Official Plan or zoning by-law amendments approval process for renewable energy facilities or projects is required; o There is limited municipal control and input into the regulatory approval process; . There is uncertainty with respect to the legal controls for the management of site improvements such as roads, road access, signage and related features; . There may be future long term impacts of renewable energy facilities or projects on the municipality related to agriculture, infrastructure, public health and safety; and Correspondence dated March 2, 2009 from IBI Group regarding ... Page 110 of 303 lBl Group Memorandum Municipality of Bayham . Measures to address local complaints to the Province are unknown. Notwithstanding that the policies and regulations may not be applicable, we would recommend that Council maintain these policies and regulations in the Official Plan and Zoning By-laws as a statement of the community values towards renewable energy facilities or projects. These policies may be uses as the basis for future comments on applications for renewable energy facilities or projects project approvals. COUNCIL QUESTIONS RELATED TO THE ACT . How will the Province maintain compatibility with agriculture, villages and hamlets, and tourism values relative to renewable energy facilities or projects? . What are the proposed regulations for setbacks, heights, locations, lot coverage, and site plan approval? . How will the municipality input into the Provincial approval process? . How with the municipal interest in public infrastructure and facilities, buildings, roads, culverts and bridges, sewers and watermain systems be addressed? Future Actions 1. Council may consider providing comments on the Green Energy Act 2009 to the Province through the Environmental Registry (http://www.ebr.qov.on.ca). no later than March 26, 2009. lBl Group (London) Office is available to speak to Council and discuss the various approaches to the Act. 2. Council may provide comments with respect to their future role and responsibilities related to renewable energy facilities or projects in their municipalities. 3. Council may join other municipalities or the AMO/ROMA organizations to provide shared comments on the legislation. lBl Group would be pleased to discuss the impact of the Green Energy Act 2009 with staff and Council at your request. Should you have any questions please contact this office. IBIGROUP William Pol, MCIP, RPP Jl_9999\BD(General)\2009\PlLmuncipal-greenact2009-03-02docU0094343\RM Correspondence dated March 2, 2009 from IBI Group regarding ... Page 111 of 303 Page 112 of 303 ,l CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council DATE: March 78,2009 FROM: Planning CoordinatorlDeputy Clerk FILE: D10.SCHW SUBJECT: Schwartz Consent Application E15/09 NUMBERzD2009-12 Purpose To consider consent application El5l09 Schwartz. Background On January 75,2009, Council considered and supported consent application 896108 submitted by Samuel and Mary Schwartz proposing to sever a farm parcel to create two farm parcels in Concession 8, Part Lots 1 &,2, east side Springer Hill Road, south side Eden Line. Land Division Committee granted the application on February 4,2009. Current Status As a result of the required surveying, Mr. & Mrs. Schwartz wish to submit a new consent application showing the actual intended dimensions for severance. The new dimensions differ enough from the original that Land Division Committee requires a new application. A related rczoningapplication is to be considered March 26 at apublic meeting. Staff & Planner Comments Staff and the planner are not concerned with the revised dimensions. The difference in area between 56 hectares (138 acres) and 57 hectares (141 acres) is minimal. The intent of the consent is the same as the original application. The same conditions would be recommended for this application as the original896/08. Attachments 1. Consent Application El5l09 2. Long Term Plan for Severed Parcel - Received Jan 15/09 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION "THAT Staff Report D2009-12 be received; AND THAT Council recommends to the Elgin County Land Division Committee that severance application E15/09, submitted by Samuel and Mary Schwartz, be approved subject to: 1. copy of a final survey provided to the municipality 2. $500 cash-in-lieu parkland dedication fee Staff Report D2009-12 regarding Schwartz Consent Application... Page 113 of 303 S t aff Rep o rt D20 09 - | 2 S chw artz Page2 3. apportionment of assessment for drainage as per the Drainage Act, as required 4. rezoning of both retained and severed parcels 5. Road Access permit, as required Margaret Underhill Planning Coordinator/Deputy Clerk Respectfully submitted, Staff Report D2009-12 regarding Schwartz Consent Application... Page 114 of 303 irol^ïl$'l^*tr ¡'+, ¡0 Q,!; APPLICATION FOR CONSENT ì 1. Name of approvalauthority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name ofOwner Address Telephone Number addition to a lot easement other purpose Samuel and Marv SchwarÞ 53609 Eden Line. R.R. #4, Avlmer. ON N5H 2R3 Name of owner's solicitor or authorized agent Davicl Roe Address 599 Larch Street. Delhi, ON N4B 347 Telephone Number 519-582-1174 Please speciff to whom all communications should be sent: Owners ( )Solicitor ( )Agent ( x ) SignstoOwner 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer:X creation of a new lot Other:charge lease correction of title (b) Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: Lerov Eicher (c) lf a lot addition, identify the lands to which the parcel will be added: (a) Location of land: Municipality Bavham Concession No Lot(s) No. 1 and 2 Registered Plan No. Name of Street Eden I ine Street No. 53609 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x ) lf Yes, describe the easement or covenant and its effect: Description of land intended to be severed: (Accurate Measurements in Metric) Frontage 209m Depth 824m Area 68.20ac127.6ha Existing Use Agricultural Proposed Use Aqricultural Number and use of buildings and structures (both existing and proposed) on the land to be severed: Vacant Prooosed new house and oreenhnuse Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 361m Depth 530m Area 73.13ac129.5ha ExistingUse Aqricultural Proposed Use Aqricultural Number and use of buildings and structures on the land to be retained: House. shed ancl h¡ro harns County of Elgln Englnee.ing Servlces ,+5O Sunsel orive SLT¡ìonìas.On NsR5V1 Phone:519- 631-1460 ww elgin-county.on ca Staff Report D2009-12 regarding Schwartz Consent Application... Page 115 of 303 -2- 7. Number of new lots proposed (not including retained lots) One L Type of access for proposed and retained lot: (check appropriate space) TYPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT () (x ) () () () () RETAINED LOT () (x ) () () () () lf proposed access is by water, what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communal well Lake or other water body Other means (specify) PROPOSED LOT () (x ) () () RETAINED LOT () (x ) () () RETAINED LOT () (x ) () () 10 What type of sewage disposal ís proposed: (check appropriate space) TYPE PROPOSED LOT Publicly owned and operated sanitary sewagesystem ( ) Privately owned and operated individual septictank (x ) Privately owned and operated communalseptic system Privy Other means (speciñ7) 11. When will water supply and sewage disposal services be available? When house is constnlcfecl () () 12. \Mat is the Existing Official Plan designation(s), if any, of the subject land? Aoricultrlral 13 What is the Zoning, if any, of the subject land? A1 Has the subject land ever been the subject of an application for approval of a Plan of Subdivision or a Consent under the Planning Act? Yes (x ) No ( ) Unknown ( ) lf Yes, and known, provide the application file number and the decision made on the application E 96/08 lf this application is a re-submission of a previous consent application, describe how it has been changed from the original application Chanqe in lot dimensions resultinq from survev of propertv (a) Has the owner previously severed any land from this holding? 15. 16 Yes()No (x ) Staff Report D2009-12 regarding Schwartz Consent Application... Page 116 of 303 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Relationship (if any) to owner Use of parcel Date parcel created 17. ls the owner, solicitor, or agent applyíng for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes()No (x ) 18. ls the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ()No (x) lf Yes, and known, specify the Ministry file number and status of the application 19. ls the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes ( ) No (x ) lf Yes, and known, specify the appropriate fìle number and status of the application 20. ls the application consistent with policy statements issued under subsection 3('1) of the Planning Act? Yes (x) No ( ) 21. ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No (x ) lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and fhat abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, suçh as buildings, railways, roads, watercourses, drainage ditches, ríver or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Staff Report D2009-12 regarding Schwartz Consent Application... Page 117 of 303 -4 23. The Owner/ApplicanVAgent hereby authorizes Land Division Committee members and the Corporation oiine Couñty of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this applicatton. 24. The ApplicanUOwner/Agent hereby consents to disclosure of the information contained in this Appl'rcation pursuant tó Section 32(b) of B¡ll 49, Chapter 63, S.O. 1989, being an Act to provide for Freedom of lnformation and Protection of lndividual Privacy in Municipalities and Local Boards. Dated at the Municioalitv of Cenfral trloin AFFIDAVIT OR SWORN DECLARATION lAlVe of David Roe of the in the County of Norfolk solemnly declare that all the information contained in this application is true, and lA/Úe make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under Oath and by virtue of the CANADA EVIDENCE ACT. DECLARED before me at the Municipalitv of Central Elqin in the this / 2-É day of //*4 20 ù7 Signature A Commissioner, etc. Cgle Harris Aict€r. a Commissioner, åii"åiH'1 'fiY 8öl,on',Ij' un' n. Expires 0ctober 24, 201 0. lf this application is signed by an agent or solicitor on behalf of an applícant(s), the owner's authorization must accompany the application. lf the applicant is a corporation acting without agent or solicitor, the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed, together with one copy of the sketch described, with the responsible person, accompanied by a fee of - $500.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of $200.00 will be charged for affixing the consent stamp. Staff Report D2009-12 regarding Schwartz Consent Application... Page 118 of 303 The County of Elgin Land Division Committee requires that, in addition to the "Application for Consent"' the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes (x) No ( ) lf the answer is "YES" are these barns: i) Now used for livestock? i¡) Capable of being used for livestock? NoTE:|fyouânswered..YES''to#I.PLEASEcoMPLETETHEDATASHEETBELow BY APPLICANT NAME Samuel Schwartz TELEPHONE TOWNSHIP Bayh€m LOT I and 2 CONC. g No No Yes (x ) Yes (x ) ()() ln orderto calculate the minimum distance separation, the following information is required for each livestock facilitywithin 300 metres of the proposed severance and located on a separate lot:, TILLABLE HECTARES (where livestock facility located) I â ha' Type of Livestock Maximum Housing CaPacitY Number per Year Manure Systemrid Semi- | Housing System check tyPe DAIRY $ Cows $ Heifers A (ìalrrac Tie Sta Free Stall LOOSE BEEF $ Cows Q Calves Q Feeders 0 400-750 rb. 0 400-1100 rb. A 7Ãn-l I nn Ih Open &B¿ Total rbnf¡n ment SWINE Q Sows Q Boars $ Weanlings A Fecdere POULTRY $ Laying Hens $ Breeder Flock Q Pullets $ Chicken Broilers Q Turkey Broilers $ Turkey Hens $ Turkey Toms $ Roasters MINK - Females HORSES S¡.{trtrP - Ramc ,Q Fwcs Caged On Floor RABBITS VEAL CALVES l(oÐ V t/ OTHER MANURE STORAGE: DRY Open Pile ,/¡vered I e SEMI-SOLID Open Pile orage \^:h Buc was open Eann sloeo Hll Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2009-12 regarding Schwartz Consent Application... Page 119 of 303 Minímum Distance Separation I (MDS l)Report MDS 1.0.0 2+Nov-2008 l3:38 Page2 Calculation #2 Samuel Schwark Adjacent Farn Contact lnformation Samuol Swartr Farm Location County of Elgln City of SL Thomas EncÞaching Land Use Facþn Type A Land U6e Thls æloulation is required forthe purposes of a settlement ârea expensíon. Manure/Material Slorage Type: W. Lhuid (treated manure/materiâD, outs¡de' no cover FactorA(OdourPotential): 0.8 Faclor B (Nutr{ent Units): 213 Fâctor D (Manure/Material Type): 0.8 Factor E (Enøoadring Land Use): 1.'l Total Nutrþnt Un¡ts: 27 Dlstance from nearest lívestock bullding 'F (A x B x D x E): D¡stânce fiom neårest permanent manurdmaterial sloragê 'S': Slgnature of Preparen Requked Setback Aclual Setback 150 m (493 ft) 150 m (493 ft) Date: Bill Knifton, Bayham r¡..ìilr'rì.ii:','Ì tliiì i\i:r:r r¡ j¡E¡liþ1 'ILU/ @ ontario Staff Report D2009-12 regarding Schwartz Consent Application... Page 120 of 303 The county of Elgin Land Division committee requires that, in addition to the "Application for consent"' the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes (x) No ( ) lf the answer is "YES' are these barns: i) Now used for livestock? ¡i) Capable of being used for livestock? NOTE: lf you answered ',YES" to #1. PLEASE COMPLETE THE DATA SHEET BELOW BY APPL¡CANT TOWNSHIP l¡elahide TILLABLE HECTARES (where livestock facility located) Yes (x ) Yes (x ) No No ()() ln order to calculate the minimum distance separation, the following information is required for each livestock facility within 3OO metres of the proposed severance and located on a separate lot: . TELEPHONE 7?3-31qfNAME Joe Vandemunt LoT-;i"¡f- coNG. â A8 ne- Type of Livestock Maximum Housing CaPacitY Number per Year Manure System id Semi- I Housing System check type DAIRYlç cows Q Heifers ô Calves Tie Free Stall I Stall Loose BEEF Q Cows $ Calves $ Feeders 0 400-750 rb. 0 400-1100 rb.ô 750-1100 tb. 1{Ð L./ Open [ot fotal & Ba/n Cbnfint'/ ment SWINE $ Sows $ Boars $ Weanlings ô Feeders POULTRY $ Laying Hens $ Breeder Flock $ Pullets Q Ghicken Broilers $ Turkey Broilers Q Turkey Hens $ Turkey Toms $ Roasters MINK - Females HORSES S]{trtrP - Remc ,Q, Fwee Caged On Floor RABBITS VEAL CALVES OTHER MANURE STORAGE: DRY Open Pile ¡vered I SEMI-SOLID Open Pile orage \th Buc Walls Llr{al.rlu l/(Jvë¡tj(¡ lAllÁ vPËll Edltll ùluYq rlr Above Ground Uncovered Tank Below Ground Uncovered Tank Staff Report D2009-12 regarding Schwartz Consent Application... Page 121 of 303 Minimum Distance Separation l(MDS l) Report MDs 1.0.0 24-Nov-2008 13:38 Page I Application Date: 24-Nov-2008 F¡le Number Preparer lnformat¡on Bilf Knlfton Bayham Applicant lnformatíon Joe Vândemunt County of Elgin C¡ty of St Thomas Calculation #1 Adjacent Farm Contact lnformation Joe Vandemunt Farm Location County of Elgin City of St Thomas Encroactúng Land Use Factor: Type A Lsnd Use This calculation ís required for*re puçoses of a settlement area epansion. Manure/Meteriel Storage Type: V2, Solid, out6ide, covered Fac{orA (Odour Potenlial): 0.7 FaclorB(NutientUnhls): 316 Factor D (Manure/Material Type): 0.7 Factor E (Encroaching Land Use): 'l.l Total Nut¡lent Un'rts: 100 Dlslânce from neârest fivestock bu¡fdíng 'F' (A x B x D x E): DÍslance from nearesf peÍmanent manure/materlal storage 'S': Slgnature ofPrepareE Blll l(fllfton, Bayham Requked Setback Aclual Setback 170 m (558 ft) 170 m (558 ft) lllill,l¡t ,'ìltJ9+Ët4il; @ ontario Staff Report D2009-12 regarding Schwartz Consent Application... Page 122 of 303 AUTHORIZATION (Please see note below) To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: Part of Lots I and 2. Concession . Bavham lA//e, the undersigned, being the registered owner(s) of the above lands hereby authorize David Roe of Norfolk Countv to: (Agents Name/Names)(Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearing(s) of the application; and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the /y4</-ç of Bi¿- 20 Ò? ,, {Lø'¿ gYt¡'ß Signaturè oT Owner Signature of \Mtness Signature of Owner NOTE: This form is only to be used for applications, which are to be signed by someone other than the owner(s). Staff Report D2009-12 regarding Schwartz Consent Application... Page 123 of 303 5åÛJÍ Fiù1 L¡ûÈ H - Hou¡a E - Bsrn Vú- 9/Ëll S.Shâd Sp- Sel)lh úAffi Scuç,gl Psrrslù\ RÈlÉlnÊd ¡'e¡c,*l ^//, Staff Report D2009-12 regarding Schwartz Consent Application... Page 124 of 303 The following informatisn ls befng provide.d as support that the above- rã"tiınã¿ pâicér would be a vlabl-ã òperatlon suppôrt'lng ?n Aníeh farn farnlly. Tire focus Ls on the próduction of labour-intenslve high-value commoditl-es. The betow ¡¡enbers of the Amish community are rcguesttlng severance'for the said parcel to provide opportunity for a farm famlly-to make.a living frım the lanà, not oniy the current buyers, buü also Ìooking into the future. Thó current buyers have plans fo:: certified organic vãeèt,ãÙie prðàuction in á- poty-çävered colã-frame shelter. (See A2 below for example of vlability. ) The Eichers are tentatively purchasing wit'h the assistance of an A¡¡ish Iand cou¡nittee and certain- cónditions apply. One of the conditions of sale Ls that in the event that they wouL¿ rettre and choose to sell the property, the sale would again need to be approved -by such a),. csnnit,tèe, i'¡ittr the intent to [eep the land availeble for an Anish farming fárnily. Thls is an attemþt to keep farm land in agricultural hands and to preserve our farming lifestyle and herlÈage. ïle are proposlng thet: (1) tfre five aeres beslde the road consist of soll highty suitabLe for cold-frame vegetable productlon (especfally early spring and late fall), organically grown and sold through the local vegçtable markètlng partneisñlp (see A1 below for more inform- ion). (Zl a low-input bridge be set up across the gu1ly behind the front fivè acres ás a transportation link to the woodland and the sixteen-aere field ón the east end. The mosÈ probable bridge construction would be a flatbed trailer on concrete supports. Such a bridge woufd have litüIe negative lmpact on the environment while still providing the needed access for sma1l vehicle rand horse-drawn equlpment. (3) an access agreement be drawn up with the adJolning land- owner to the east (Lot J for use of the laneway to Eden Llne (vlslble on nap) for transport of heavler loads of vegetable and other crop from the sixteen-acre field, or logs from bush. This is the outlet used Ln ühe past for _thls field. This 1s an inportant point in the surûnary below. up or make less contrarY, seveiåneeof only one. thls LONG-TERM PLAN FOR óÉ iare PARCEL fn summary, thls sevcrence really does not breakpracticel any present farning operatlon. To the enables us to support two farm fauilfes-lústeadis our v{ew, whlch we respectfully submlt. her (Buyer) S./l¿¿/h{¡L 4o-e*on G ¿) Pl rc,¡ 0omrnittee ) Christian St,oll (ReÞresentatlve ofStoll Fanlty l'arrns/HoPE Produce ) A1' fiAppendix Ond):--InforraaËlon on the-Amieh co-.r-rl¡runlty- vegetable .r-lnarketlng pantnershtp: Stoll FamiJ-y Farms is a partnershÍpof 'flfty or more growers of conventionally-gror,vn vegetables who market cooperatively to Ontarlo outl-ets. primarily Loblaws a.nd Sobeys. fn operation since 1983. The organie brânah¡ HOFEPisduee eonsists.of appróxinatelf '2J grøwers, setlfng to'éielhtoF more organie fLrng th foronto'and ıurrounáing area. A2 (Appendlx lwo)--Example of incone from Organic ÞoLdframe Tornatoproduction: Below are the gross proceeds for the Ìast thÉeeygals from a snalÌ coldframe shelter in Malahide lownshlp.30 feet Þy 150 feet, one-tent,h of an acre, seJ-Iing rhrouàh HOPtrorganic Produce 2OOg Season 11,2gg.OO 2007 Season l-2.390.00 2006 Season L6,679,OO Staff Report D2009-12 regarding Schwartz Consent Application... Page 125 of 303 Page 126 of 303 ). CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Rimnyak Rezoning Surplus Dwelling Public Meeting Mar.26109 7:30pm DATE: March 18,2009 FILE: Dl4.RIMN NUMBER: D2009-09 Purpose To consider rezoning application and Zoning ByJaw Z5 68 -2009 . Background On January 15,2009, Council considered and supported a consent application submitted by Bill Rimnyak proposing to sever a surplus farm dwelling parcel 0.56 hectares (1.4 acres) from lands in Concession 4,[-ot 15, west side Plank Road, north of Light Line. Land Division Committee granted the application on February 4,2009. Rezoning of the severed and retained parcels is a condition of consent. Purpose and Effect of the Rezoning The purpose of the amendment is to óhange the zoning on a 5600 m2 (7.4 acre) parcel from Agricultural (41) zoneto the Rural Residential (RR) Zone in the Bayham ZorungBy-law 2456-2003. The effect of the amendment would be to permit the severance of a surplus farm dwelling (Consent E9S/08) in accordance with the land division policies of the Official Plan. As part of the rezoning, the- retained agricultural lands will also be rezoned to Special Agricultural (42) to prohibit new residential dwellings on those lands. Staff & Planner Comments Staff and the planner are supportive of the rezoning. The severed parcel complies with the Rural Residential zoningregulations. The proposed retained farm parcel, once merged with the abutting westerly lands owned by Bill and Linda Rimnyak, will exceed the required 20 hectares (50 acres). The Land Division Committee added an additional condition to the consent - five bulk kilns/foundations and greenhouse foundation must be removed and cleaned up to the satisfaction of the Municipality. The severed parcel will retain one house, one garage, one small barn and one shed. With regard for Off,rcial Plan policies and past practice, the severed parcel may be rezoned to prohibit the keeping of livestock. Staff and the planner would not recommend the prohibiting without justification. Livestock is listed as a permitted use in the RR Zone provided the owner could meet the Minimum Distance Separation II (MDS II) calculations. If there are concerns raised in this regard, consideration would be to prohibit it. At the time of writing this report, no written comments have been received opposing the application. Attachments 1. Rezoning application Staff Report D2009-09 File D14 Page 127 of 303 Staff Report D2009-09 Rimnyak 2. IBI Memo dated January 7,2009 3. Draft Zoning ByJaw 2568-2009 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION Page2 "TIIAT Staff Report D2009-09 be received; AND THAT the zoning of those lands located ú7057 Plank Road in Concession 4 Part Lot 15 owned by Bill Rimnyak, subject to Elgin County Land Division Consent Application E98/08, be changed from Agricultural (41) to Rural Residential (RR) Zone to permit the severance of a surplus f¿¡¡¡ flwslling; AND TIIAT ZoningBy-law 2568-2009 be presented for enactment." Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2009-09 File D14 Page 128 of 303 MUIVCIPALITY OF BAYTIAM P.O. Box 1.60 Straffordville, Ontario NOJ lYO Phone (519) 866-5521Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO TIIE ZONING BY-LAW OF TIIE MUNICIPALITY OF BAYHAM Ihis application must be filed rvtth the Planning Coordínator/ Deputy Clerk or designate of the Municipaltty of Bayham along with a cheque for the required amount. The appticant should retain one copy for their records. The information in this form must be completed in full. Ihis mandatory information must be provided with a ftæof 82,000 (7,onngBy-law Amendment or Temporary Use Zoning ByJaw) or A5!!! (Temporary lJseZnmngBy-law Renewal) or 81500 (ZoningAnrendrnent to Remove Ilolding Provision). rf the application is not complcted in full, the applicafion will be returned. shall assume responsibility for any additional cosf¡ exceeding the deposíted amount related to the said appllcation and understand and agree that for payment of sald addítional costs shall be a conditlon of thls signed applicatÍon. I also agree to acrept alt corts as rmdered. il¡IUI¡ICIPALIT Y OF BAYHAMPropertyowner /t FOR OFFICE ßtl * S/ot oÕo oo7 /{3o o r¿râ,ie/ hr¿/s conso/'/a'/c r"t/ laas -//6ø D/q KtmN Preparerl April2fi)7 Staff Report D2009-09 File D14 Page 129 of 303 Municipality of Bayham Zontng By-law Amendment Application Page2 l. RegisteredOwner'sName: Ri l-l anri T,i n¡la Rimnyak Adclress: 6934 Boeus Road. R.R. #1- Vienna- oN No.T 120 PhoneNo. (Home)' 519-866-3486 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 províde the names and address€s of such persons. 2. Applicant/Authorized Agent: David Roe Acldress: .5Qo Larch Strper, Del hi , 0l{ N/lB 3A7 Telephone No.: 51 9-5 B2-IL7 4 Fax: s1g-5gr-4616 Please specify to whom all communications should be sent: RegisteredOwner ( ) Applicant/AuthorizedAgent ( x) 3. Legal Description of the land for which the amendment Ís requested: Concession: /, Reference Plan No:Part Lot: StreetandMunicipalAddressNo.: 7057 plank Road \{hat is the size of property which is subject to this Application? A¡ea: 0.56ha m Frontage: 75 m Depth: gO m When were the subject lands acquired by the current owner? 4. Existing Offrcial Plan Designation: A gri crr 1rural How does the application conformto the OfFrcial Plan? Surplus f arm dwelling Staff Report D2009-09 File D14 Page 130 of 303 Municipality of Bayham Zoning By-law Amendment Application 5.Existing ZontngBy-law Classification: A 1 What are the current uses of the subject lands? House. sma11 barn. shed, 5 bulk kilns Page 3 (to be lemoved) Ill kno*T, provide the length of time these uses have continued on this property. If there are arìy existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rea¡ Lot Line Height Dimensions Line Setback Setbacks Setback I4li11 comply wi-th set back requirements If lrnown, provide the dates in which each of these buildings were constructed. older buildinss 6. I{hat is the Nature and Extent of the Rezoning? Re-zoning of surplus farm dwellinq 7. Why is fþs ¡s26ning being requested? To comPlete sererance condition Staff Report D2009-09 File D14 Page 131 of 303 Municipality of B ayhan Zoning B y-law Amendmenr Application Page 4 8. Does the proposed ZonngByJaw amendment implement a growth boundary adjustment of a settlement area? If so, attach separately justifrcation or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment?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) No nev{ dwellings or other buildines proposed 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 / Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) PrivateDrilledWell (r.) ( ).f/â) PrivateDugWell ( ) ( ) Communal'Well()() No Staff Report D2009-09 File D14 Page 132 of 303 Municipality of Bayham ZoningBy-law Amendment Application Page 5 Lake or other Surface Water Body ( ) Other ( ) Sewage Disposal Existing Proposed MunicipalsatritarySewers ( ) ( ) Individual Septic System ( ,t-) ( ) ir / A CornrrunalSystem ( ) ( ) Priuy()() Other()() Note: If the proposed development is on a prÍvate or cortmunal system and generate more than 4500 litres of effluent per tla¡ the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? () () Stonn Drainage Provisions: Proposed Outlet: E¡¡i sti no X2. How will the property be accessed? P¡ovincial Highway ( ) County Road (X ) Municipal Road - maintained all year ( ) MunicipalRoad-seasonallymaintained( ) Right-of-way( ) Water( ) If access is by wate¡ do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2009-09 File D14 Page 133 of 303 Municipaliry of Bayharn Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: PlanofSubdivision( ) Consent(K) ZonngBy-law Amendment ( ) Ministers Zorung Order ( ) If yes to any of the above, indicate the file number and status of the application. ç'o8/nR allrnverl L4. How is the proposed amendment consistent with the Provincial Policy Statement 2005? Sererance of surolus farm dwelling L5. Are the subject lands within area designated under any Provincial Plan(s[ If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following Ínformation with the application and it wilt form part of the application. Applications will not be accepted without the following. (a) ^-:":ï:ä::"#::JJï:;'"esubjec"andsshowing o the location, size and type of all existing and proposed buildings and structures, indicating thei¡ setbacks from all lot lines, the location of driveways, parking or loading spaces, Iandscaping areas, planting strips, and other uses; No Staff Report D2009-09 File D14 Page 134 of 303 Municipality of Bayham Zonng By-law Amendnent Application PageT . the approximate location of all natural and a¡tificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or strearns, wetlands, wooded areas, wells and septic ta¡ks) 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; o the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public taveled road, a private road, or a right-of- way; ¡ the location of the parking and docking facilities to be used (if access will be by water only); o the location and nature of any easement affecting the subject lancl. 'Written comments from the Flgin St. Thomas Health Unit, Long Point Region Conservation Authoriry and Ministry of Transportation (if applicable). If a private sewage system is necessary, pre-consultation with the Chief Building Offrcial is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an appHcant(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 sigrted by an officer of the corporation and the seal if any must be affixed. 19. AddÍtÍonal 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: o) (c) older dwellins Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands is being consolidated. #-g,/-ct-ooo -cto). - /q'AOO Cop y' S Pf tot /+ ZaruAJ: fr/, Staff Report D2009-09 File D14 Page 135 of 303 Municipality of Bayham ZontngBy-law Amendment Application Page 8 llWe, of David Roe Norfolk County, of the lvlunic'ipaiity Nane , in the county of Torvrv'To$, nship/Ci t),^r'il lage ctc , do solemnly declare: Orvner / Agent Countv Nar¡e (ü) (r) thatl tWe am I are tlle"*$"?i!l"trhe tands desÛibed above 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. (üi)t};rat I lw e hereby appoint to act as an Agent on my/our behalf in all aspects of this application. And I / We make this solemn declaratÍon conscíentÍously betieving it to be true, and knowing that it is of the same force and effect as Íf made under oath, and by vÍrtue of the "Cunada Evidence Act". DECLARED BEFORE ME at the:*W iotn n gir"or A* rhis /27A d"vot@2o., 1 A Commissioner, etc. |ì':'-t ¡4ILL-ARD, a Gommissioner, ete..L: oi rr ; ; !,tunlcipatiry or eayf,åJ.ê Ccrp c rc ;íôn Staff Report D2009-09 File D14 Page 136 of 303 í I - ;-lLìt!38 Ð ir-.-, 4f:Þi{'l ¡: -i, ¡; lr t Ìe Éq IJ ¿f; . a{ J.- =; -.! ì' -, ,/./'it¡ J L¡'. Fj iì =iIJ -i l\¡ :. Éi åì..ì, I r.¿tr Ftü.rj.te.-::¿ !/ ?i.it'-t,t¿z C:.J l:¿-ri'],.j: ì i :J ;! ;,1. :::l 1f.., - ¡Ji\.= i Staff Report D2009-09 File D14 Page 137 of 303 ,þ å" '\Ð .!-1 r- /-./ . ÊÌliRimnyak l-ots'?5, üoncession 4 {Bayha,*) 7t157 Plar':k Road å-- Wesrerty Z butk kiiñs ro bè id TURAL USES -tr l- v T -Jãln r-i =ÞJ furfãp P¡qduÉéd Þf; !l=is*lïs Gi Ë ÞeÞ;rl./ïe¡i * 3m Staff Report D2009-09 File D14 Page 138 of 303 AUTHORIZATION OF OWNER We, Bill and Linda Rimryak are the Owners of the lands that are the subject of the attached planning application. We hereby authorize David Roe to act as our Agent to make this application and to provide any of our personal information necessary for the processing of this application. Staff Report D2009-09 File D14 Page 139 of 303 MEMO ïo: Munícipality of Bayham From: cc; Derek Dudek, MCtp, Rpp Date; Steno: File No: January 7,2009 dd 3404-455 subject: Rimnyak - Proposed creation of a New Lot (pt LoÚd concess ion 4, ptank Road) 1) We have completed our review of the consent application (Eg3/0s) submitted on behalf of BillRimnyak in support of his proposal to sever a 0.56 hectare (1.4 acre) portion of land for the purposesof creating a separate non-farm residential lot from an existing 16.8 hectare (41.5 acre) farm parcel.Ïhe subject lands are located on the west side of plank Road, north of Light Line, in part Lot 15,concession 4' The subject lands are designated ,,Agriculture,, ín the official plan and zonedAgricutturat (A1) in Zoning By_taw No. 2456_2003. 2) The subject lands are currently used for agricultural purposes in conjunction with other farm parcelsowned by the applicant' The proposed severance would result in a 16.2hectare farm parcel that isto be merged with an adjacent parcel to the west that fronts onto Bogus Road. The merge wouldresult in a lot area that exceeds the minimum 20 hectares required for the A1 zone. The proposedsevered lot would have a frontage of 75 metres, a depth of 80 metres, and would include a surplusfarm dwelling' a garage, barn, shed, five bulk tobacco kilns. The retained lands would include an oldtobacco kiln north of the proposed severed lot. surrounding land uses are mainly agricultural in everydirection with a number of non-farm residential lots along plank Road to the south and north. Thenortherly boundary of the Village of Vienna growth area lies approximate ly 4oo metres to the south.There are small woodlots to the south and northwest of the subject lands, but no areas that exhibitsignificant natural heritage characteristics or that may be subject to natural hazards. 3) section 4'2'1'12 outlines the policies for the severance of surprus farm dwelrings. rn order to seversurplus farm dwellings, two or more farm parcels must undergo consoridation. Farm consoridation isthe acquisition of additional farm parcels to operate as one farm operation. The appricants haveindicated that the lands will be merged with additional farm parcels to the immedíate west of thesubject lands' ln addition, the otfícial Plan ouflines twelve (12) additional criteria which must befulfilfed prior to the Municipality supporting this consent application. our analysis of these criteria is asfollows: Staff Report D2009-09 File D14 Page 140 of 303 Municipality of Bavhem a) ln the opinion of Municipat councit, a land use conflict shatt not be created with agriculturat operations or other existing land uses in the immediate area of the subject tands. Recent aerial photography indicates large farm parcels in the area with several non-farm residential lots located both north and south of the proposed severed lot and the closest barn being located approximately 175 metres south of the proposed severed lot. lt is considered unlikely that the proposed severance would have any negative impacts on surrounding farming activities given the distance to farm buildings and established non-farm residential uses along this stretch of road. b) only one surplus farm dwetting may be severed pursuant to each corporate farm consotidation. The applicants are not pursuing any other surplus farm dwelling severances and there are no other dwellings located on the subject lands. c) A minimum of one exiçting farm dwetting within the "Agricutture" designation in the Municipatity of Bayham must be retained by the proponent corporate farm operation, or a registered owner of the proponent corporate farm operation. Tthe parcel to the west in part Lot 14, Concession 4, to which the retained lands will be merged contains a dwelling that is owned by the applicants. d) No more than one severance of a surplus dwetting shail be attowed from a farm parcet regardtess of changes in boundary or ownership. A residential lot located to the northeast has been severed from this farm parcel in the past. zoning indicates that it was created some time ago, however, the applicant should confirm that this was not created as a residence surplus to their farming operation. e) The severed tot with the surplus farm dwelting shatt: i) be no larger than is necessary to support a private sanitary sewage treatment and disposal system as determined by the appropriate approvat authority, and be seruiced by a potabte water supply' The proposed severed lot is larger than the area required to accommodate private services and includes several buildings associated with the farming operation as well as some lands in cultivation. The proposed severed area should be reduced. ¡i) meet the provisions of the MDs 1. There are no livestock buildings or buildings capable of housing livestock within 300 metres of the subject lands. ¡ii) be rezoned in a Rural Residentiat (RR) Zone in the Zoning By-taw of the Municipatity of Bayham' The subject lands as shown would comply with all of the regulations of the RR Zone; 0 The severed lot with the surplus farm dwelting may: i) include accessory buildings and structures if in the opinion of Municipal council a land use conflict will not be created, where the propeñy has been rezoned to prohibit the keeping of livestock. The proposed lot íncludes a garage, shed, barn, and five bulk tobacco kilns. As Staff Report D2009-09 File D14 Page 141 of 303 '3 - January 7,2OOg previously noted the inclusion of these buildings has resurted in a large area proposed to besevered' presumably to make the severed lot more marketable. lt is our opinion that theshed' barn' and tobacco kilns should be located on the retained lands to avoid any potentialfuture land use conflicts associated with their use. g) All parcets of property constituting the retained agricultural tands shatt: i) comprise a total minimum area of 20.0 hectares (50 acres) ín the same name andfffle. Theproposed retained farm parcel, once merged with the abutting westerly lands will exceed 20hectares. i¡) meet the provisions of the Agricutturat (A1) Zone regulations of the Zoning ByJaw of theMunicipatity of Bayham' The proposed retained lands would not meet the minimum lot areaouflined above. iii) be rezoned to prohibit the ptacement, devetopment, or estabtishment of any additionat type orform of residential dwelting units thereon, regardless of changes in property boundary orownership' The proposed retained lands shall be rezoned to the special Agricultural (A2)Zone, which prohibits new residential dwellings. 4) Based on the above comments we do not object to thís consent to sever lands for a residence surplusto a farming operation based on the foilowing conditions: ' That the severed lands be reduced to an area that maintains the highest amount ofarea with the retained farm lands. tre lòòaiion "ì Ë ;ii;ljiråJ,'i'Sijstem indicaresthat the lot could be reduced slgnificantlyãÀã .tiil meet the minimum 4000m, tot areaexcluding all farm buildings. drf "rògåsì,on *äuro oe to réãuce'iÀe'nortrrerty sideyard and-maintain the agiicultrt"r o,io-in!. *iiÄî" farm parcet. However, if in theopinion of council, these-buitding. *¡il nóiËå;;;rirr" tand'use ãontiòt, as parr or thesevered lot, there are additiorial areás- iñ.i.åiu g" ó"rr ;i rhä iäta¡neo ranos,incruding the north-easterry quadrant anoloisortnËry side yard. ' låfi"*i. retained lands be merged on title with the a-djacent tands owned by the o That the severed lands be rezoned Rural Residential (RR) and the retained lands berezoned speciar Agricurturar (42) to p.r,io¡i n"* rår¡o"ntiar dwe¡ings.7¿Vtl IBI GROUP Derek Dudek, MClp, Rpp Consulting planner to the Municipatity of Bayham J:\3404\455 Rimnyak\pTMrimnyak2OOg_01 _07 doc\2009_0 1 {B\DD Staff Report D2009-09 File D14 Page 142 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHÄM BY-LAW NO.2568-2009 RIMNYAK BEING Ä BY-LAW TO AMEND BY-LAW No. 7A56-2003' AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THÄ.T ByJaw No. 2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. ó0, by deleting ffom the Agricultural (41) Zone and adding to the Rural Residential (RR) Zone, those lands which are outlined in heavy solid lines and marked RR on Schedule "A" to this By- law, which schedule is attached to and forms part of this ByJaw. 2) TIIAT ByJaw No. 2456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 60, by deleting from the Agricultural (A7) Zone and adding to the Special Agricultural (42) Zone, those lands which are outlined in heavy solid lines and marked A2 on Schedule "A" to this By- law, which schedule is attached to and forms part of this ByJaw. 3) THIS By-law comes into force: a) .Where no notice of objection has been filed with the Municipal Clerk within tle time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration ofthe prescribed time; or b) Where notice of objection has been filed with the Municipal Clerkwithin the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 26Ih DAY OF March 2009. READ A SECOND TIME THIS 26.h DAY OF March 2009. READ A THIRD TIME AND FINALLY PASSED THIS 26th DAY OF MATCh 2009. MAYOR CLERK Staff Report D2009-09 File D14 Page 143 of 303 =I -l -. Staff Report D2009-09 File D14 Page 144 of 303 CORPORATION OF THE MUNICIPALITY OF BAYHÄM STAFF REPORT TO: Mayor & Members of Council DATE: March 18, 2009 FROM: Planning Coordinator/Deputy Clerk FILE: D14.SCHV/ SUBJECT: Schwartz Rezoning NUMBER: D2009-10 Public Meeting Mar.26/09 7:40pm Purpose To consider r ezoning application and Zoning ByJaw Z5 69 -2009 . Background On January 15,2009, Council considered and supported a consent application submitted by Samuel and Mary Schwartz proposing to sever a farm parcel to create two farm parcels in Concession 8, Part Lots I &,2, east side Springer Hill Road, south side Eden Line. Land Division Committee granted the application on February 4,2009. Rezoning of the severed and retained parcels is a condition of consent. Purpose and Effect of the Rezoning As originally applied for, the prrrpose of the amendment is to change the zoning on a 56 hectare (138 acre) parcel from Agricultural (Al-A) zone to the Agricultural (Al) Zoneinthe Bayham ZoningBy- law 2456-2003. The effect of the amendment would be to permit the severance of a large farm parcel into two smaller farm parcels measurin g29.1 hectares (72 acres) and 26.7 hectares (66 acres) in arca. Current Status As a result of the required surveying, Mr. & Mrs. Schwartzhave re-submitted a consent application with revised dimensions. The new consent application will be considered at the March 26,2009 meeting as well as the rczoning. The new dimensions have been considered in the rczonitg. ' Staff & Planner Comments Staff and the planner are not concemed with the revised dimensions. The difference in area between 56 hectares (138 acres) and 57 hectares (141 acres) is minimal and the rezoningis intended to affect the entire Schwartz property. The rezoning will satisff the consent condition as required. At the time of writing this report, no written comments have been received opposing the application. Attachments 1 Rezoning application 2. DraftZoning By-law 2569-2009 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 145 of 303 Staff Repo rt D2009 -10 S chwartz Page2 RECOMMENDATION "THAT Staff Report D2009-10 be received; AND THAT the zoning of those lands located at 53609 Eden Line in Concession 8 Part Lots 1 & 2 owned by Samuel and Mary Schwartz, subject to Elgin County Land Division Consent Application E15/09, be changed from Agricultural (41-A) to Agricultural (41) Zoneto permit the severance of a farm parcel; AND THAT ZoningBy-law 2569-2009 be presented for enactment." Respectfully submitted, Margaret Underhill Planning Coordinator/Deputy Clerk Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 146 of 303 MUNICIPALITY OF BAYHAM P.O. Box 160 S traffordville, Ontario NOJ lYO Phone (519) 866-552L Fax (5L9) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM ThÍs application must be filed with the PlannÍng 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 theÍr records. The Ínformation in this form must be completed in full. This mandatory information must be provided with a leeol$fr!O0 (ZonngBy-law Amendment or Temporary Use ZoníngByJaw) or ûf!!A (Temporary Use Zoning Bylaw Renewal) o, tþU(Zoning Amendment to Remove Holding Provision). If the application is not completed in full, the application will be returned. I/WE,Mary and Samuel Schwartz shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and underst¿nd 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. CEIVE FE[' i :/ Tliig riul'¡ii;IPALIl Y üF BAYHAF]T Property Ovmer !--ì ir*li 'f {t ,/? rf t # 3'/o I o oo oQl oot/ o Property Owner FOR OFFICE USE ONLY LEiÐ /y'. 5.cl+ttl Prepared April 2fr)7 Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 147 of 303 Municipality of BayhamZoning ByJaw Amendment Application Page2 l. RegisteredOwner'sName: Samuel and Mary Schwartz Address: 53609 Eden Lrne. R. R - #4 . Avlmer. 0N N5H 2R3 Phone No. (Home):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/AuthorizedAgent: David Roe Address: Sae I.arch Streer, Tìel hi , ON N4B 3A7 Teþhone No.: 5 t q- \R, -1 1 7 t!Fax: 5t q-sR2-¿61 6 Please specify to whom all communications should be sent: Registered Owner ( ) Applicant / Authorized Agent (, ) 3. Legal Description of the land for which the amendment is requested: 4. Existing Official Plan Designation: Concession: ^ Lot:8- Reference Plan No:PartLot: StreetandMunicipalAddressNo.: 53609 Eden Line What is the size of property which ís subject to this 5? Ko' !+r- . 2Area: 2b-71_b¿____!t- Frontage:\ When were the subject lands acquired by the current owner? How does the application conform to the OfFrcial Plan? Farm split severance Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 148 of 303 Municipaliry of Bayham TnntngBy-law Amendment Application Page3 5. Existing ZontngByJawClassifrcation:A 1-A What are the current uses of the subject lands? Houseshedandt}robarnsonretained'Severedparcelis vacant. If known, provÍde the length of time these uses have continued on this property. If there are any existÍng buildíngs or structures on the subject lands provide the following information: Type Existing c om I lJ_Jil tr___4 o 4j-¡¡-C_b v -.Lax Front Lot Line Setback buildings Side Lot Line Rear Lot Line Height Dimensions Setbacks Setback If known, provÍde the dates in which each of these buildÍngs were constructed. 6.What is the Nature and Extent of the Rezoning? 7.Why is the rezoning being requested? To complete severance Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 149 of 303 Municipality of Bayham Zoning ByJaw Amendment Application Page4 8. Does the proposed ZnnÍngBy-law amendment implement a growth boundary adjustment of a settlement area? N o If so, attach separately justification or ínformation for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Àlo If so, attach separately justification or information for the request based on the current Official Plær policies or associated Off,rcial Plan amendment. 10. Description of proposed development for which this amendment Ís requested (i.e. permÍtted uses, buildings or structures to be erected. (Be Specific) Farm solit severacne. nev¡ farm buildings to be built ^ñ oo.ro-od 'lhl- in fllttlre For any proposed buÍldings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rea¡ Lot Line Height Dimensions Line Setback Setbacks Setback New hri I rl ings will com-p-b-!-ùh -!y--l-ex ll, Services existing or proposed for the subject lands: Please indicate with a r' Water Supply ExÍsting Proposed -Munieipal Piped Water Supply ( ) ( ) PrivateDrilledWell ('. ) (() PrivateDugWell ( ) ( ) CommunalWell()() Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 150 of 303 Municipality of B ayham Zoning By-law Amendment Application Page 5 Lake or other Surface Water Body Other Sewage Disposal Municipal Sanit¡ry Sewers krdividuat Septic System Communal System Privy Other ( ( Existing () ( x) () () () Proposed () (t) () () () () () Note: If the proposed development Ís on a private or cornmunal system and generate more than 45ü) litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? ffnot, where can they be found? Storm Drainage Provisions: Proposed Outlet: Existine drainase 12, How will the property be accessed? P¡ovincial Highway ( ) County Road ( )Municipal Road - maintained all year ({) MunicþalRoad-seasonallymainøined( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 151 of 303 Municipality of Bayham Tnrtng By-law Amendment Application 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent (() ZnnngByJaw Amendment ( ) Ministers Zorung 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 consÍstent with the ProvincÍal PotÍcy Statement 2005? Farm split severance Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes' does the proposed amendment conform to the Provincial Plan(s)? The Owner is required to attach the following information with the application and Ít will form part of the application. ApplÍcatÍons will not be accepted without the following. (a) A sketch based on an Onørio Land Surveyor description of the subject lands showing . the boundaries and dimension of the subject lands; r the location, size ând type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; 17. Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 152 of 303 Municipality of BayhamZnning By-law Amendmenr Application PageT the approximate location of all natural a¡rd artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that ¿¡re on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the applicaúon; 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- way; 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. Thom¿s Health Unit, Long PointRegion Conservation Authority and Ministry of Transporration (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If thÍs 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 sþned by an offïcer 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 D2009-10 regarding Schwartz Rezoning. File: D... Page 153 of 303 Æu,tr.F$3e0S Eden Llno Fl - !"louse ts - Barn W-Well $ " S[-¡ed Sp - Septic ,\.'\'\. Sevened Farcçlnih*',n þîetalned Pancen ,rÉ Mep Producod hy: Mslnhide GIS DÊpartmont h¡nffi ffi #r"rffirlkffi :r;#m*xms¡mmrl¡w,ffiffimr Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 154 of 303 Municþality of Bayham 7-onng By-law Amendment Application Page 8 | /We, of David Roe , of the Norfolk CountY TorvrVTownship/Cit¡'/Village etc , in the county of , do solemnly declare: Municipality Nanre Countl,Name (Ð (¡Ð thatl t We am I ur" tA.g8#*"r(s) of the lands described above 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. (üi) 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 declaratÍon conscÍentiously believing it to be true, and knowing that Ít is of the same force and effect as if made under oath, and by virtue of the "Canada Evidencc Act". DECLARED BEFORE ME at thè: in the @ssí* of î 'A ' thß / 1 7L Nanre day of â L"' -'-A 20 o q A Commissioner, etc. L\,1'?A [i?iLl-ARD, a Comrnissioner, eic., Cl:.:::of ihe Ccrpc;:,,cn Owner / Agent oithc tuiunicipality of Bayham. Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 155 of 303 AUTHORIZATION OF OIT'NER We, Samuel and Mary Schwartz are the Owners of the lands that are the subject of the attached planning application. We hereby authorize David Roe to act as our Agent to make this application and to provide any of our personal information necessary for the processing of this application. Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 156 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2569-2009 SCTIWARTZ BEING À BY-LAW TO AMEND BY-LAW No' 2456-2003, AS AMENDED WHEREÁ.S tbe Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-taw No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: l) THAT By-law No.2456-2003, as amended, is hereby further amended by amending Schedule "A"' Map No. i 6, by d"l.ting from the Agricultural (41-A) Zone and adding to the Agricultural (Al)Znne, those lands which are outlined in heavy solid lines and marked Äl on Schedule "4" to this By-law' which schedule is attached to and forms part of this ByJaw' 2) THIS By-law comes into force: a) Whe¡e no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration ofthe prescribed time; or b) Where notice of objection has been f,rled with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 26Ih DAY OF MArCh 2009. READ A SECOND TIME THIS 26Ih DAY OF MArCh 2009. READ A THIRD TIME AND FINALLY PÀSSED THIS 26th DAY OF MATCh 2009. MÀYOR CLERK Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 157 of 303 ËiJı iÉì> lùl-" lii ı lzl :FI-il tl lr-li tì MLii\l CIPALlT i L)f tsA rHAM SCHEDULE'A'MAP No. 16 Staff Report D2009-10 regarding Schwartz Rezoning. File: D... Page 158 of 303 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM : Planning Coordinator/Deputy Clerk SUBJECT: Nez Farms Limited Rezoning Public Meeting Mar.26/09 7:50pm DATE: March 18,2009 FILE: Dl4.NEZE NUMBER: D2009-11 Purpose To consider rezoning application andZoning By-law 2570-2009. Background On May 15,2008, Council considered and supported a consent application submitted by Nez Farms Limited proposing to sever a strþ of land to add to an adjacent parcel in Concession 3, PartLot22, south side Light Line. Land Division Committee granted the application on }l4ay 23,2008. Rezoning ofthe severed parcel is a condition ofconsent. Purpose and Effect of the Rezoning The purpose of the amendment is to óhange the zoning on a 1859 m2 (0.46 acre) parcel of land from Special Agricultural (A2) Zone to the Rural Residential (RR) Zone in the Bayham Zoning By-law 2456-2003. The effect of the amendment would be to permit the severance for the purpose of adding a 13 metre wide strip of land to the rear and westerly side yard of an existing residential lot in accordance with the land division policies of the Official Plan. Staff & Planner Comments Rezoning will satisff the condition of consent for the lot addition. The RR zone will be consistent with the lands to which the parcel will be merged. There are no further concerns from staff or the planner. At the time of writing this report, no written comments have been received opposing the application. Attachments 1. Rezoningapplication 2. Draft ZontngBy-law 2570-2009 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractíve lifestyle choices. RECOMMENDATION "THAT Staff Report D2009-11 be received; AND TIIAT the zoning of those lands located in Concession 3 Lot 22 owned, by Nez Farms Limited, subject to Elgin County Land Division Consent ApplicationE,l{l09, be changed from Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 159 of 303 Staff Report D2009-11 Nez Farms Limited Special Agriculture (42) to Rural Residential (RR) Zone to permit the severance of a parcel to add to an existÍng adjacent residential lot; AND TIIAT Zoning By-law 2570-2009 be presented for enactment." Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 160 of 303 MUNICIPALITY OF BAYI{AM P.O. Box 160 Straffordville, Ontario NOJ lYO Phone (519) 866-5521 Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THB MUNICIPALITY OF BAYHAM This application must be fited 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 theÍr records. The information in this form must be completed in full. This mandatory information must be provided with a fee of 82,000 (ZonrngBy-law Amendment or Temporary Usc Zoning ByJaw) o, 8A!0- (femporary Use Zoning By-law Renewal) or 81500 (T,onngAmendment to Remove Holding Provision). If the gp¡rlicatioyls not completed in full, the application will be returned. TIW]E,shall assume responsibility for any additional exceeding ited 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. N¿z Fo*n'r< Ä,i^ïI..À Property Owner St¿.r€- r^rl fY\ì"[J[e,Nezezo¡ Property Owner FOR OFFICE USE ONLY #oaa- úy'oo so/,,/. s/ ao7- dlloa ; â*ò Prepared April 2007 Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 161 of 303 Municipality ofBayhalll, ZonngByJaw Amendment Application 5. ExistingTnningByJawClassification: What are the current uses of the subject lands? ru>f - vacan t "/ Page 3 ff 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: Twe Front Lot Line Setback Side Lot Line Rear Lot Line Height Dimensions Setbacks Setback ,+*,rcq€<_ If known, provide the dates in whÍch each of these buildings were constructed. 6.What is the Nature and Extent of the Rezoning? óUYV ., 4-cen I Q-Y-I 7.Why is the rezoning being requested? Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 162 of 303 Municipality of Bayham ZonngBy-law Amendment Application LakeorotherSurfaceWaterBody lUb ( ) other NO ( ) Sewage Disposal Existing Municipal Sanitary Sewers ffb ( ) Page 5 () () Proposed () Individual Septic System {\t0 ( ) ( ) Communalsystem |1h ( ) ( ) Privyfttfl()() other fVD( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 ltfft":t effluent per da¡ tüLe +nlica1/ f,r¡ust Ínclude a servicing options report and a hydrogeological A¡e these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet: fl/o 12. How will the property be accessed? ,/ Provincial Highway ( ) County Road ( ) Municipal Road - maintaine d allyear ('t{ MunicipalRoad-seasonallymaintained( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 163 of 303 Municipality of Bayham Zonng ByJaw Amendment Application PageT the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses ofthe land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a righr of-way; the location of the parking and docking facilities to be used (if access will be by water only); 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 sewage system is necessary pre-consultation with the Chief Building Offrcial is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the olvner's written authorization must accompany the application. If the applicant is a corporatio-n 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 accomJnoÁlate the consent of a surplus farm dwelling, please provide the following information, IV U Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zontngof the farm parcel with which the subject lands is being consolidated. Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 164 of 303 ñ ¿--l hl I , ã "É /ûg Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 165 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2570-2009 NEZ FARMS LIMITED BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning ByJaw No.2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: I ) THAT ByJaw No. 7A56-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 69, by deleting from the Special Agricultural (42) Zone and adding to the Rural Residential (RR) Zone, those lands which are outlined in heavy solid lines and marked RR on Schedule "A" to this ByJaw, which schedule is attached to and forms part of this ByJaw. 2) THIS ByJaw comes into force: a) Vy'here no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration ofthe prescribed time; or b) Vy'here notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 26Ih DAY OF MATCh 2009. READ A SECOND TIME THIS 26th DAY OF MArCh 2009. READ A THIRD TIME AND FINALLY PASSED THIS 26d'DAY OF MATCh 2009. MAYOR CLERK Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 166 of 303 Staff Report D2009-11 regarding Nez Farms Limited Rezoning. ... Page 167 of 303 Page 168 of 303 I CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: March 12,2009 FROM: Administrator FILE: -[,r{ SUBJECT: Road Closure Application - Lots 10 and 1l Concession 8 NUMBER: PR2008-09 Purpose This report is to further consider closing and conveying a portion of the unopened road allowance between lots 10 and 11 in concession 8 (Somers Road). Background In February of 2007, Council considered staff report PR2007-02, regarding application from Patrick and Julie VanDenNest and Pamela and Michael lnnis, to close and convey a portion of the unopened road allowance between lots 10 and 11, concession 8 (see attached sketch). After consideration, Council adopted the following resolution: "THAT StaffReport PR2007-02 be received; THAT staffbe directed to initiate any required procedures pursuont to the Municipal Act to close a portion of the unopened road allowance between lots l0 and I I in Concession 8, provided the applicants pay required expenses; AND THAT upon closure of the road, the lands be conveyed to the abutting property owners at appraised vqlue. " Since that time, staff proceeded to acquire an appraisal and required survey. The applicants have reimbursed the Municipality for these expenses. Staff have also proceeded with advertisement in a local newspaper (Tillsonburg News) on March Il, 2009, and notice to abutting property owners and arca utilities, in accordance with the municipal Notice By-law. The Notice advises that Council will consider the closure at its March 26,2009 meeting. Staff Comments The appraised value ofthe property is $3,600. The applicants each have requested conveyance of one-half of the allowance abutting their property, and each will pay $1,800 for their portion. Staff have received no objections, inquiries or comments in regard to this matter from any members of the public at the time of printing this report. At this meeting (March 26,2009), Council may accept any written comments and will hear from any person that claims their lands will be prejudicially affected by the closure. After affording the opportunity for persons to address the matter, should Council determine it wishes to proceed in accordance with draft By-law No. 2009-032. Notice of Intent to Pass Road Closure By-Law Staff Report P... Page 169 of 303 Attachments 1. Copy of Notice of Road Closing 2. Draft By-law No. 2009-032, being a by-law to stop up, close, and convey part of the road allowance between Lots l0 and 11, Concession 8. Strategic Plan Goal(s): Goal #1 - Practice responsible financial management Recommendation THAT By-law No. 2009-32, being a by-law to stop up, close and allowance between Lots l0 and 11, Concession 8, designated as Part 1 be presented to Council for enactment. convey part of the road and2 on Plan 1lR-9042, Notice of Intent to Pass Road Closure By-Law Staff Report P... Page 170 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM NOTICE OF ROAD CLOSING TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham at its meeting to be held in Council Chambers at 9344 Plank Road, Straffordville, Ontario on Thursday March26,2009 at 7:00 p.m. will consider a By-law to stop up, close and convey part ofthe road allowance between Lots 10 and 11, Concession 8 of the Municipality of Bayham, formerly Township of Bayham, in the County of Elgin and designated as Parts I and 2 on Plan llR-9042, as shown on the key map below. Further information may be obtained from the Municipal Offrce during regular business hours (Monday through Friday, 8:30 a.m. - 4:30 p.m.) Written comments may be submitted to the address below. Council will hear in person or by counsel, solicitor or agent, any person who claims that their lands will be prejudicially affected and who applies to be heard by calling the Administrator on or before 4:30 p.m., Friday March 20,2009. Dated at the Municipality of Bayham this l lth day of March 2009. KEY MAP Kyle Kruger, Admínistrator Municipality of Bayham P.O. Box 160 9344 Plank Road Straffordville, ON NOJ IYO Ph (519) 866-552r Fx (519) 866-3884 'o' lr 'o [Z ,*,*,.*, Notice of Intent to Pass Road Closure By-Law Staff Report P... Page 171 of 303 CORPORATION OF THE MI]MCIPALITY OF' BAYHAM BY-LAW2009-032 BEING A BY-LA\ry TO STOP IJP, CLOSE AND COT{VEY PART OF' TIIE UNOPENED ROAD ALLOWANCE BET\ryEEN LOTS 10 AND 11, CONCESSION 8, BEING PARTS l AND 2 PLAN 11R-9042 \ryHEREAS Section 1l of the Municipal Act,200l, S.O. 2001, c.25 as amended provides that a lower tier municipality may p¿tss byJaws respecting Highways, including parking and traffrc on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, poVers, and privileges of a natural person for+hepurpese of exereising i authority under this or any other Act; AND WHEREAS notice of intent to pass this ByJaw has been published once in the Tillsonburg News, a newspaper of general circulation to the a¡ea; 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 A¡lD \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to stop up, close and convey those parts ofthe road allowance between Lots 10 and I 1, Concession 8, designated as Parts 1 and2 on Plan I 1R-9042 to the adjoining land owners. THEREF'ORE THE COIJNCIL OF THE CORPORATION OT'THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law those portions of the unopened road allowance described as Part ofthe road allowance between Lots 10 and 1 1, Concession 8, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part I aîdPart2 on Plan I lR-9042 be and a¡e hereby closed and stopped up. 2. THAT all of that part of the said unopened road allowance described as Pa¡t of the road allowance between Lots 10 and 11, Concession 8, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated as Part I on Plan l1R-9042 shall be conveyed to the adjoining owner being Michael I¡rnis and Pamela Innis for consideration in the amount of One Thousand Eight Hundred dollars ($1,800.). 3. THAT all of that part of the said unopened road allowance described as Part of the road allowance between Lots l0 and 11, Concession 8, in the Municipality of Bayham, County of Elgin, (Geographic Township of Bayham), designated asPafi2 on Plan 1lR-9042 shall be conveyed to the adjoining owner of being Patrick VanDenNest and Julie VanDenNest for consideration in the amount of One Thousand Eight Hundred dollars ($1,800.).. 4. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham be and they are hereby authorized and directed to execute such deeds or other documents as may be necessary to effect conveyances ofthose parts ofthe said road allowance described herein and which have been stopped up and closed. 5. TIIAT this byJaw shall come into full force and effect upon the date of its enactrnent. 6. THAT this by-law shall be registered in the Land Registry Offrce for the Registry Division of Elgin, (No. ll). READ A FIRST TIME this 26th Day of March' 2009. READ A SECOND Al[D THIRD TIME AND I'INALLY PASSED this 26'h day of March 2009. MAYOR CLERK Notice of Intent to Pass Road Closure By-Law Staff Report P... Page 172 of 303 1 BLACK BRIDGE REPLACEMENT OVER LITTLE OTTER CREEK Elgin Gounty Road 19 (Plank Road), Bayham Gounty of Elgin NOTICE OF PROJECT IMPLEMENTATION Black Bridge, located on Elgin County Road 19 (Plank Road), formerly Provincial Highway 19, ts proposeo Ìo oe replaceo. lne ofloge spans LrIIre \JIIer ureeK allu ls liltuareu aPPruÃilil.rtvry 2.5 km north of Straffordville, in the Municipality of Bayham. The existing concrete rigid frame bridge was constructed in 1934 and was recommended for replacement in a 2006 bridge inspection report. The new bridge will be similarto the existing structure in terms of function and general appearance. During bridge construction a single-lane roadside detour with a temporary bridge will be installed, with traffic signals to control traffic. An existing sanitary sewer forcemain that is now attached to the bridge will be relocated under Little Otter Creek using high-pressure directional drilling methods. The proposed bridge replacement project is a Schedule A+ activity in terms of the Municipal Class EnvironmentalAssessment (Class EA). This Notice is intended to advise the public, in accordance with the Class EA requirements for a Schedule A+ project, that the proposed bridge replacement project will be proceeding to implementation and construction in 2009, subject to the receipt of all necessary approvals, including completion of a screening process under the Canadian Environmental Assessment Act (CEAA). For more information on this project, please contact the Project Engineer. John R. Spriet, P. Eng., Project Engineer SPRIET ASSOCIATES LONDON LIMITED 155 York Street, London, Ontario N6A 1AB PHONE: 519-672-4100FAX: 519-433-9351 E-MAIL: mail@spriet.on.ca This NOTICE issued February 2,2009 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 NsR 5V1 PHONE: 519-631-1460, ext. 4 FAX: 519-631-4297 E-MAIL: cwatters@elgin-county.on.ca Notice of Project Implementation issued February 2, 2009 by ... Page 173 of 303 Notice of Project Implementation issued February 2, 2009 by ... Page 174 of 303 I Municipality of Middlesex Centre 10227 llderton Road RR2 llderton ON NOM 240 Telephone: 519 666-0190 Fax: 519 666-0271 www. m iddlesexcentre.on.ca March 4,2009 All Ontario Municipalities: ;' 1 ' ) The following Resolution #2009/017 was passed by the Council of the Municipality of Middlesex Centre on February 4,2009: WHEREAS the Department of Fisheries and Oceans review and approval of such matters as drain maintenance and construction and bridge reconstruction projects has proven to be a lengthy process resulting is unreasonable delays in the completion of Municipal Projects; AND WHEREAS the cost of implementing the conditions for approving drain maintenance and construction or bridge reconstruction is an added cost passed on to those assessed for the drainage works and to Municipalities, respectively; AND WHEREAS errors and inconsistencies in the drainage mapping, used for drain and waterway classifications, which includes man made open ditches, by the Department of Fisheries and Oceans could result in delays and increased additional costs; AND WHEREAS given the relatively short and inflexible construction/maintenance season and the reluctance of the Department of Fisheries and Oceans to reduce in turn around time of approvals places an undue burden on the municipality; NOW THEREFORE lT BE RESOLVED that the Municipality of Middlesex Centre petitions the Department of Fisheries and Oceans to review and shorten the time frame required for approval of drainage maintenance and construction and bridge reconstruction requests to allow for a more flexible and reasonable construction/maintenance season, especially where weather conditions warrant an extended season; and FURTHER THAT the Municipality of Middlesex Centre petitions the Department of Fisheries and Oceans to delegate their authority for such matters to the local Conservation Authorities given their existing in-depth knowledge of these issues and mandate to protect the environment; FURTHER THAT lT BE RESOLVED that this motion be fon¡rarded to Fisheries and Oceans Canada, Association of Municipalities of Ontario, Minister of Municipal Affairs and Housing, Minister of Agriculture, Food and Rural Affairs, Minister of Natural Resources, local Conservation Authorities, local MPs and MPPs, Western Ontario Wardens Caucus. Yours truly, ll {r.\i!-'"'^ Cathy Saunders, AMCT, MCIP, RPP Ch ief Ad m inistrative Officer/Clerk DISCLAIMER This material is provided under contract as a paid seruice by the originatÌng organization and does not necessarily reflecl the view or positions of the Association of Municþalities of Onlario (AMO), its subsidiary companies, offrcers, directors or agents. Copy of Resolution passed by the Municipality of Middlesex C... Page 175 of 303 Page 176 of 303 ÄDC EST lThis form must be submitted to Council at least 6 weeks prior to event) Name of Organization Making Request - Route-(.4.lso-p@) Se[noeJ +o \dacr S ¡ t¿p æ-Ø4dr RD te.'\ro\ Maximum Number of people expected to attend - I ,qÔO - ?,OOO Any Special Needs -4n trF rc Cu ,"U,',[ ^Name of Special Eveht - \¡t) o.-ù-,f fne-,:¡. rO \ C- S f- Date of Special Event - Start-time of Event -l0 ò'Ltä.tc Finish -tl ' O'CJo-k I *,. i 'f {* .. Applicant Orga & Signature Ontario Provincial Police 42696 John'Wise Line R.R. # 5 St. Thomas, Ontario N5P 3S9 Phone: 5I9-63L-2920 Fax: 519-63I-2923 Cell: 519-878-6029 Elgin-St. Thomas EMS DutyManager Fax: 519-637-3484 Phone: 519-637-3098 Tillsonburg Fire Dispatch 80 Concession Street East Tillsonburg, ON N4G - 428 Phone: 519-842-2905 (non-emergency #) Fax: 519-842-2190 Central Ambulance Communications Centre 1510 Woodcock Street, Suite #20 London,ON N6H5S1 Phone: 519-661-1784 Fax: 519-661-1799 t;í Event Road Closure Request Form from Straffordville Communit... Page 177 of 303 Page 178 of 303 Page 1 of 1./) -¿ 1) Kyle Kruger From: Doug Lester[dlester@eagletree.ca] Sent: March 1 1, 2009 7:42 PM To: Lynn Acre Cc: Kyle Kruger; Cliff Evanitski; Wayne Casier; Mark Taylor; Ed Ketchabaw Subject: Permission for Contained Fire on Easter Morning (. | \', @eouncil, For several years now the churches ofsouth Bayham have been holding a Sunrise Service on the east beach in Port Burwell. With permission from Council we centre ourselves around a small contained fire tended by one of our members. Last year well over 100 people came to celebrate faith and community at this early hour followed by breakfast at Trinity Hall and the Lighthouse Gospel church. This year the group will grow larger again as more churches are invited. This year Easter falls on Aprll 12 and we will gather atl:00 am. Vy'e are asking permission from Council to have a Fire/Burn Permit from 6:30 am to 8:00 am on April 12. We will see that the fire is safely extinguished and cleaned up. We would welcome council members and their families to join us for the Beach Service and/or the Pot Luck Breakfast that follows. We ask that this request be on the agenda for your next Council meeting. Thanks, Doug Lester 5r9-874-4477 t210312009 Email correspondence dated March 11, 2009 from Doug Lester r... Page 179 of 303 Page 180 of 303 Please Donate to the Calton Hall Charity Auction Saturday, Aprn 4, 2oog 6Zgt Richmond Road Downtown Cs,Ito¡t (John Wise Line & Richmond Road) Stg-Z 6 S-zS8 4 or SLg -T 6 S-t6g + Our Auction is held euerA other Aear and is our most critical . AII proceeds taill be used to update and maintaín the one room school house built in t86o & operated too% by Volunteers since 1952 . C ølt on C o tntnunìtg C entr e ís a regístæed. non profit corpor ø:tíon (â cr¡ (¡¡.sIa =aL =s (uìhottSs È Êql *l ct¡tt\oa s¡=Fo oIEstFo u,oI Ëorll\5s'(a soo ñ'\ Noon fl 4pm All finatians of llew ü Hr¡ne Cnfred Request from the Calton Community to use the Municipal sign ... Page 181 of 303 Page 182 of 303 Detach m ent Com m ander's Report ELGIN GROUP Police Services Board 2008 Annual Report .lE4:effence in wfrøt we [o, IntegriQ in wño we are" R)an CoX I ns¡tcct or - D¿ta c fi mnt (.om mùnder ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 183 of 303 l-.1gin County O.P.P. 12696 John Wise Line St T'homas, Ontario N5P 3S9 .fcl: (5le) 631-2920 Fax: (519 ó31-2923 January 13, 2009 MEMORANDUM Elgin Group Police Services Board 450 Sunset Drive St. Thomas, Ontario NsR 641 Attention: Mr. Chairman, and Police Service Board Members I am pleased to present the 2008 Annual Report. This report includes three sections: . General information UPdate . Business Plan Commitments & lnitiatives . Financial RePorts RyaaruCo* lnspector Detachment Commander Elgin CountY OPP lrc ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 184 of 303 Detachment Commander's Preface Elgin County Detachment realized another successful year in 2008. I attribute our success to the hard work and dedication of members of the Elgin County OPP, the strong support of the Elgin Group police Services Board, our Municipal Councils, our Community Policing Committees and the people in our communities, who continue to support our policing goals. Statistics Total incidents investigated increased by 355 from 1 1,442in 2007 to 11,797 in 2008. Elgin County Detachment officers laid 6,458 charges; the majority was traffic enforcement related. C rim inal Break, enter and tþeft incidents decreased from 189 in 2007 to 175 in 2008. Domestic violence investigations increased from 202 in 2OO7 lo 223 in 2008. Domestic violence incidents continue to be the single most time consuming investigation for our detachment officers. Traffic Motor vehicle collisions incurred a slight increase from 837 in 2007 to 852 in 2008. Fatal injury collisions decreased from 10 in 2007 to 7 in 2008, Deer related collisions decreased significantly from 304 in 2007 to 261 in 2008. The number of charges dropped from 7,870 in 2007 to 6,458 in 2008. General lnformation "2008 Festive R.l.D.E. Proqram" The 2008 "Festive R.l.D.E." was conducted from November 28th to January 4th. lt was as a very successful campaign this year both in enforcement as well as community outreach perspectives. Elgin County OPP stopped of 8,063 vehicles, issued eight 12hour drivers licence suspensions, laid 3 impaired driving charges and 8 other charges including one illegal possession of marihuana. Ninety two people were charged with impaired driving offences, eighteen of which were involved in motor vehicle collisions. Forty motor vehicle collisions involved alcohol. Forty 12 hour suspensions were issued. Officers conducted 149 R.l.D.E. programs. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 185 of 303 Auxiliarv Unit The detachment Auxiliary Unit continues to be a strong asset to our detachment. The unit currently has 12 members and is in the process of recruiting three new officers, which will bring the unit up to its funded strength of ',l5 officers. This past year, the unit contributed 3,114 patrol hours. They assisted at many special events such as yearly festival parades, festivals and Remembrance Day ceremonies, Auxiliarv Patrol Hours Month 2007 2008 January 270 270 Februarv 242.5 272 March 364.75 304 April 3U 240 Mav 453 312 June 486 301 Julv 326 351 Auoust 312.5 295 September 2M 228 October 331 215 November 357 216 December 273 110 Year to Date ß43.75 3114 Public Complaints Five formal public complaints were filed against officers relating to conduct and investigated by the OPP Professional Standards Bureau. The majority related to neglect of duty. Two complaints were withdrawn by the complainant. Three were determined to be unsubstantiated after investígation. Officer Appreciation The detachment received fifteen letters during 2008 from members of the public expressing their appreciation of individual officers' performance. Commissioners Citations Three members of the public were nominated and received Commissioners Citations for Lifesaving. Provincial Constables James Morrow and Justine Longdo received Commissioner's Citation's for lifesaving for removing a suicidal male party from a vehicle. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 186 of 303 Communitv Services / Media Relations The members of the Elgin County Detachment conduct their duties utilizing the community policing philosophy. The detachment has a constable assigned full time to perform the combined duties of Community Services and Media Officer. His role serves to create an open and responsive working environment that encourages commitment and creativity by all members in the application of Community policing. He is responsible for developing open information exchange between the public, promote safety educational and crime prevention messages and to interact with the media and communlty groups on how to better serve the community in which we live. The Community Services Officer liaises with approximately 25 different community groups throughout Elgin County, conducts lectures in 13 Elementary schools and one high school and is available as a guest speaker for community activities. The Community Services Officer works closely with the Community Policing Committees. Each committee also has an assigned liaison officer, who attends their monthly meetings. Community policing Committees currently function in Port Stanley, Belmont and area, Springfield, Southwold Township and West Elgin. Some of the 2008 Community Policing Committee highlights include the grand opening of the Belmont Community Policing Office, with the purpose of providing the necessary office space and resources to allow officers to stay in the community to complete paperwork, perform interviews and conduct investigations without having to return to the Elgin Detachment. Belmont Community Policing Committee was also successful in lobbying for a Committer Safety Zone in front of the New Sarum public School. port Stanley Community Policing Committee hosted a Safety Day at the Port Stanley public School. Over 300 students enjoyed an entire day of safety activities, games and lectures. Southwold Community Policing Committee hosted a "What's Cooking in Your Community" drug safety lecture. The OPP's Drug Enforcement Section spoke at this event, which was well received by the community. From a media perspective, the Community Services Officer, when acting as the detachment's Media Officer, is responsible for the direct interaction between the detachment and the media, reporting on and responding to media inquiries. The Elgin County Detachment Community Services Officer is constantly working on new programs, initiatives and ideas to better serve the public and make Elgin County a better place to work and live. 5 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 187 of 303 Business Plan lnitiatives and Gommitments Marine Patrol The detachment marine vessel is a2l foot Seaswirl moored at the Port Stanley Harbour during the summer. Provincial Constable James Morrow was assigned to full time marine duties from June to September in 2008. A summer student and platoon officers assisted the marine officer on a rotating basis. The marine unit investigated 35 marine incidents and logged 124 hours of patrol. The most serious incident involved a drowning that occurred in July at the Port Glasgow Marina. Results Driven Policinq Elgin County has adopted the Results Driven Policing philosophy. Simply stated, our statistics point us to the areas where we need to focus greater attention. Consistently, our goals are identified in both criminal and traffic areas, such as reducing motor vehicle collisions, and property crimes of break, enter and thefts and other related property crimes. General lncidents 2008 Month Elqin Group Area Provincial Area Totals 2007 2008 2007 2008 2007 2008 January 677 663 103 149 780 820 February 575 688 105 192 680 894 March 723 735 123 149 846 915 April 781 774 142 164 923 945 May 863 819 140 181 1003 1 000 Ju ne 956 967 102 150 1058 1120 July 967 1 008 117 165 1084 1 180 August 984 932 114 173 1098 1116 September 774 854 132 161 906 1018 October 1 009 816 156 149 11 65 983 November 834 683 164 227 998 910 December 768 694 133 202 901 896 Totals 991 I 9633 1 531 2062 11442 11797 6 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 188 of 303 The Elgin Crime Unit is responsible for all bench mark occurrences in Elgin County, and has an ongoing liaison and interaction with the detachment command team. The Elgin Crime Unit has gone through a dramatic change in 2008 personnel, as follows: o. Two detectives were promoted from Detective Constable to Detective Sergeant and transferred to other Crime Units in Western Region. o Two Detective Constables were transferred to Provincial Weapons Enforcement Units (PWEU). Update - Bandido Homicide lnvestiqation ¡ The Preliminary Hearing for the Bandido Homicide lnvestigation was held from January 9th, 2007 lo May 1 1th, 2oo7 . . On June 21't, 2007, all eight parties were committed to trial. . On October 15¡h,2OO7 one male party plead guilty to Obstruct Justice and charges were withdrawn against the female party. . The remaining six male parties were each charged with eight counts of first degree murder. . The jury selection is scheduled for February 2g'd,2009. . The Trial is set for March 23'd,2OOg. Elgin Crime Unit has designated one member to assist the witnesses in court preparation for the duration of this court trial proceeding. o Two Elgin Uniform Emergency Response Team (ERT) members will be assigned to court security detail for this trial. Sudden Deaths ln 2008, the Elgin County Detachment conducted 41 Sudden Death investigations. A sudden death is generally referred to as any death that takes place outside of a hospital. All death investigations are treated as a homicide until a police investigation proves othen¡vise. The Detective Sergeant assumes control of the investigation and assigns investigators where appropriate, to ensure a thorough investigation is completed. 7 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 189 of 303 Attempted Murder lnvestiqation March 20th 2008 - A75 yr old male party was attacked inside his residence located in Port Colborne. Suspects stole the victim's credit cards and were later identified attempting to use them at an ABM machine the night of the assault. Two males have been charged. One male is from Elgin County and the other male is from the London area. The Crime Unit assisted the Niagara Regional Police with the investigation and apprehension of the suspects. Fraud lnvestiqation April 17th 2008 - A "Skimmer", commonly known as a card reader, was used to record personal banking information was located in an ATM machine at a bank in West Elgin. The card reader was located before any personal banking information was compromised. This incident is still under investigation by the Elgin County OPP and the OPP Anti Rackets Bureau. Assault with Weapon lnvestiqation June 26th, 2008, Elgin OPP officers responded to a residence in Bayham regarding a 24 year old male who had been assaulted with a baseball bat and threatened over a $100'00 dollar drug debt. The victim was taken to hospital with non-life threatening injuries. Three males were later arrested and charged with 8 criminal code offences. Two males were from the Elgin area and one from the City of London. Drowninq - Missinq Person lnvestiqations On December 24tn,2OO7 , Elgin County OPP responded to the report of a missing male party who was last seen in Talbot Creek after being swept off the back of an ATV driven by another male party. A massive search ensued, involving the OPP Emergency Response Team, Canine Unit and the Underwater Search and Recovery Team with negative results. The driver faces criminal charges that are currently before the courts. On May 5th, 2008, the body of a deceased male was recovered from the Talbot Creek bed, approximately 1 kilometre north of Erin Line. Dental records were utilized to confirm the body was that of the missing person. The body had been spotted by a local farmer who had been searching the area. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 190 of 303 On June 4th, 2008, Elgin County OPP responded to a missing suicidal person reported from London City Police Service. Police investigators were able to track the cell phone calls to the Scotch Line Tower in Port Stanley. An extensive air, land and water search was conducted with negative results. On November 17th, 20OB the missing male was located in a bush-lot north from33471 Lake Line, Southwold Twp, by two local deer hunters. Carbon monoxide inhalation was found to be the cause of death. Break and Enter lncidents 2006/2007/2008 Actuallncidents lncidents Cleared Month 2006 2007 2008 2006 2007 2008 Januarv I 18 14 1 0 2 February 10 I 10 2 1 0 March 28 25 16 5 7 2 Aoril 28 10 16 2 I I Mav 15 14 9 0 0 1 June 13 12 18 1 1 0 Ju lv 13 20 16 1 1 2 Auoust 26 31 22 2 0 3 September 28 20 22 3 0 1 October 23 10 12 2 0 1 November 21 13 12 3  1 December 18 I I 3 2 0 Totals 232 189 175 25 18 14 lnvestigating and reducing break, enter and thefts will continue to be a high detachment priority. Reported break and enter occurrences have declined by 7A% in 2008, compared lo 2007 and 25o/o in 2006. This positive result can be linked to higher police visibility through directed patrols throughout the County. Due to the economic situation of today and in particular, the automotive industry where many Elgin County residents are employed, there is anticipation in a spike in break enters and thefts. This will be monitored closely by the Elgin Property Crimes Offìcer. A full-time Property Crimes Officer is to be in place by February 2009. The Property Crimes Officer will play a significant role in directing efforts in the areas of concerns of Elgin County residents. As well, this officer will provide educational initiatives for the senior populations of Elgin County. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 191 of 303 Two property Crime initiatives were conducted in 2008, the first from June 16th to the 20th' and the other from December 8th to the 12th. The purpose of the initiative is to establish a uniform presence to deter would be criminals and to participate in Results Driven Policing goals, reducing thefts and break and enters, as well as promoting traffic safety through enforcement. Elgin officers concentrated on areas within Elgin County Detachment area that have been victimized by break, enters and thefts as well as using intelligence information and trends to focus on areas of possible criminal activity' Crime lnitiative Statistics 2296 - 115 11 .) J 3I 45 7 5 2 372 Vehicles were stopped and checked by police Provincial Offence Notices were issued Suspended drivers were charged 12 hour suspensions were issued lmpaired drivers Roadside tests conducted Criminal Code charges Wanted persons captured on outstanding warrants Charged with CDSA offences CDSA Search Warrants were executed Cannabis marihuana plants were seized along with grow equipment The areas concentrated on, realized a significant increase in police visibility. These types of concentrated patrols have proven to be a deterrent to active criminals. The results proved substantial. I am confident this tool will be effective in reducing crime in Elgin County. Communitv Action Druq Team Detective Constable Brent Matatall, a member of the Elgin County Detachment, is assigned as a detachment Community Drug Action Team (CDAT) officer. Each detachment has assigned one officer to the unit. The CDAT officer works at the detachment under the direction of the Drug Enforcement SectÌon, which is part of the Organized Crime Enforcement Bureau. The Detective Constable's primary role is the investigation of illegal drug activity. This constable position is partially funded by the Safer Community Grant of $35,000 annually. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 192 of 303 Communitv Action Druq Team Statistics Total number of Drug Occurrences 63 Druq search warrants 10 Persons charqed 20 Controlled Drug and Substance Act charqes 37 Criminal Code charges 5 Value of Druqs seized $ 913,264.00 Value of seized property $ 58,985.00 Marihuana Eradication $ 335,000.00 Weapons seized 0 Total number of drug offences 90 Domestic Violence lncidents ln Elgin County, one in every four women is physically or sexually assaulted in relationships of intimacy. (Source: Violence Against Women Services Elgin)' ln 2008, Elgin County OPP detachment continued to treat Domestic Violence as a primary concern. The detachment continues to assign a front line officer to coordinate domestic dispute investigations and liaise with our community partners. This officer ensures that domestic violence incidents are fully investigated in a manner that complies with the guidelines of the Provincial Domestic Violence protocol. This position is partially funded by the "Safer Community" grant of $35,000 annuallY. Domestic violence occurrences continue to represent a high proportion of the criminal investigations undertaken by members at the Elgin County Ontario Provincial Police. Statistics gathered for 2009 identified Elgin county oPP investigated 223 domestic violence occurrences, resulting in j17 occasions where charges were laid (one person charged). The definition utilized for identifying such occurrences states. Domestic violence is any use of physical or sexual force, actual or threatened, in an intimate relationship, including emotional / psychological abuse or harassing behavior. lntimate relationships include those between the opposite-sex and same-sex paftners. These relationships vary in duration and legal formality, and include current and former dating, common-law and married couples. 11 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 193 of 303 These crimes are often committed in a context where there is a pattern of assault and / or controlling behaviour. This violence may include physical assault, and emotional, psychological and sexual abuse. lt can include threats to harm children, other family members, pets and property. The violence is used to intimidate, humiliate or frighten victims, or to make them powerless. Domestic violence may include a single act of abuse. lt may also include a number of acts that may appear minor or trivial when viewed in isolation, but collectively form a pattern that amounts to abuse." (Source: Policing Standards Manual (2000), guideline on Dornestic Violence Occurrences). Domestic Occurrence Chart ETotal # of Occurences l# of Occurences where charges laid l# of Occurences where charges not laid 2003 2004 2005 2006 2007 2008 The time necessary to investigate and complete the required documentation related to a domestic violence incident is considerable. As a result of being dispatched to a domestic disputë, it is not inconceivable for several members of a platoon to be unavailable for other calls for the rest of their shift, depending on the extent of the investigation. To better understand the obligations of an investigator, it is important to know that where a member of the OPP has reasonable grounds to believe a criminal offence has occurred related to a domestic dispute occurrence, the suspect shallbe arrested and charged appropriately. The investigation normally includes a sworn and digitally recorded interview of the victim, interviews with witnesses and the completion of various reports and documents pertaining specifically to domestic dispute occurrences, including a safety plan for the victim and the processing of the charges against the suspect. A variety of charges can be pursued during a domestic violence investigation, but by far the most commonly laid charge is assault. The following table summarizes the number of domestic violence occurrences investigated and identifies ihe various charges laid by members of the Elgin County OPP. The information reflects charges usually associated with domestic violence investigations. ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 194 of 303 It is still apparent that domestic violence is considered a "private" or "family" matter. Statistics do not specifically identify this issue, however there exists reluctance on the part of victims and witnesses to come fonrvard and report domestic violence. Many incidents of domestic violence still remain unreported, The vision of the Opp, "Safe Communities... a Secure Ontario" is reflected in the organizational response to incidents of abuse and violence within the province. Each Detachment has a designated Abuse lssues Coordinator. They receive specialized training in the areas. of domestic/family violence, child abuse, mibsing children, sexual assaults and crimes against seniors. (source: western Region OPP - 2006 Business Plan)' The role of the Elgin County Opp Domestic Abuse Resource Officer requires that each incident of domestic violence reported is thoroughly investigated and properly managed. During 2008, the position remained of the utmost importance for Elgin County OPP' ln 200g, Elgin county an enormous economtc challenge began with the closure of several automotive and manufacturing related industries. Severalthousand St. Thomas and Elgin County residents willfind themselves unemployed with limited immediate employment opportunities' lt is anticipated that the down turn of the local economy will increase stresses on the families of Elgin County and therefore will increase pressures on the social resources within the county. Elgin County opp remains committed to help with the fight to end domestic violence. we will utilize all social agencies to combat domestic violence occurrences which continue to be a primary concern to the Elgin county oPP and will remain an investigative priority' 13 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 195 of 303 Occurrences:2003 2004 2005 2006 2007 2008 Total number of domestic dispute occurrences 187 147 197 184 202 223 Number of occurrences where charqes laid 123 77 110 99 109 117 Number of occurrences where charqes not laid 64 70 87 85 93 106 Tvpe of Charaes Laid:2003 2004 2005 2006 2007 2008 Assault 107 63 116 79 105 112 ult w/ weapon or CBH 12 6 15 11 17 15 Aqqravated Assault 2 0 0 0 0 0 Sexual Assault (Domestic)5 1 5 3 6 b Sexual Assault w/ weapon or CBH 0 3 0 0 1 1 ravated Sexual Assault 1 0 0 0 0 0 Counselinq to Commit Murder 3 0 0 0 0 0 Criminal Harassment 13 5 13 18 15 10 Harassinq Phone Calls 2 0 2 0 1 2 lntimidation I 1 0 1 1 0 Chokinq 1 0 I 2 5 1 Utter Threats 39 24 37 25 31 26 Mischief 11 7 22 16 22 14 ïheft 0 1 1 0 0 5 Break and Enter 1 0 1 4 3 3 Fail to Comply with Recoqnizance 14 16 16 5 44 22 Breach Probation 15 13 18 I 20 I Fail to Comolv with Undertakino 1 0 0 4 0 I Resist Arrest I 1 2 1 1 3 Obstruct Police 1 0 1 0 1 0 Escape Lawful Custod 1 0 0 0 0 0 Forcible Confinement 4 3 5 4 11 I ause Disturbance 1 1 0 1 0 0 Careless Use of Firearm 0 1 3 0 0 0 Unauthorized Storage of Firearm 4 0 0 0 0 0 Possess Firearm When Prohibited 4 0 62 0 0 13 Unauthorized Possession of a Firearm 6 1 15 0 I 0 Breach Firearms 7 0 23 0 7 0 Unlawfully in a Dwellinq 4 1 1 1 I 2 Controlled Druq and Substance Act 4 0 4 0 1 0 fotal Number of Charges:273'148'363*184'302*26',|* 2003-2008 Domestic Violence lncident Statistic Summarv *P/ease note the table does not reflect allcharges laid by the Etgin county opp CBH - Cause bodily harm 14 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 196 of 303 The following tables are included: . Municipal Contract Statistics - Hours of . OPP Municipal Policing - Detachment Motor Vehicle Collisions Service Table Revenue Report Motor Vehicle Collisions EIgin County 200712008 Property Damage Personallniury Fatalities Total Deer Collisions Month 2007 2008 2007 2008 2007 2008 2007 2008 2007 2008 Ja nuarv 83 77 5 13 0 0 94 89 31 24 Februarv 77 73 4 10 2 0 82 81 19 24 March 69 56 7 I 1 0 7g 65 25 22 April 65 52 5 11 2 1 73 53 to 17 May 41 45 b 12 0 0 g 59 25 23 J Une o¿54 9 6 2 1 73 61 21 23 Ju lv 41 .itl 7 11 0 ,l 50 48 14 7 Auqust 31 42 2 12 1 0 44 u b 11 Seotember 32 39 2 12 0 1 41 52 11 15 October 63 69 2 14 0 0 74 83 42 38 November 79 86 2 8 1 2 88 96 51 34 December 125 98 13 12 1 1 129 111 43 23 Total 768 727 174 130 10 7 837 8s2 304 26',l Deer- Motor Vehicle Collisions Elgin County 200712008 By Township Bav ham Mala hide CentralElcdn Soutl lwold DuttorVDunwicl West Eloin Total Month 2æ7 2008 2007 2008 2007 2008 2007 2008 2007 2008 2æ7 2008 2007 2008 JanuarV 7 5 1 4 11 8 0 4 6 1 6 2 31 24 Februarv 4 2 2 0 2 I 2 3 6 I 3 2 19 24 March 2 2 2 2 6 3 4 4 4 I 7 2 25 22 Aor 2 0 4 0 1 I J 1 2 4 4 4 16 17 Mav 3 0 1 3 6 6 4 6 3 4 5 25 23 Ju ne 2 2 2 5 5 o 2 4 7 1 3 5 2'l 23 Julv 3 1 0 3 3 0 3 1 3 0 2 2 14 7 Auq ust 2 0 0 J 2 6 1 1 1 0 0 1 6 11 Septernber 1 3 2 3 4 4 0 I 3 2 1 2 11 15 October 4 4 2 7 15 7 9 10 I 5 4 5 42 38 November 9 3 ?5 14 11 7 6 I 6 I a 51 u December 7 6 7 3 11 4 10 6 7 1 I 3 43 23 Total ß 28 26 38 80 72 ¿ttt 47 63 &4 36 304 261 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 197 of 303 Contract Hours of Service 2008 OPP Municipal Policinq - Detachment Revenue Report Month Minimum Required Received Exceeded Overtime Hours January 4998.8 6047 10/.8.2 707.25 February 4998.8 5544.5 u5.7 747.65 March 5121.ù5 5178.5 57.45 1071.75 April 5121 .05 6210.75 1089.7 759.75 May 5121.05 6233.25 1112.2 801 June 5121.05 5725.75 æ4.7 1413 July 5121.05 5940.75 819.7 998 Auqust 5121.05 5518.75 397.7 657 September 5121 .05 5393.25 272.2 7U.75 October 5121.ù5 6257.25 1136.2 724.75 Nor¡ember 5121.05 5697 575.95 676.5 December 5121.05 6090 968.95 524.75 Year to Date 6120 8.1 69&t6.75 8628.65 9816.1 5 Month Total Reven ues Collected January $2,545.00 February $2,830.00 March $2,645.00 April $2,760.00 Mav $3,353.75 June s2,142.75 Ju ly $3,722.08 Auq ust $2,828.50 September $2,434.7 5 October $3,391.00 November's1.638.25 December $3,091,00 Year To Date Total $33,382.08 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 198 of 303 Criminal Record Checks 2008 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Tota I Vul nerabl e Screeni ng 132 100 114 221 139 120 93 88 193 223 133 118 167 4 R egu lar 27 41 26 28 21 14 21 20 19 16 37 31 301 Total 159 141 140 249 160 134 114 r08 212 239 170 '449 197 5 Summarv A review of the detachments statistics confirms the efforts of the detachment members resulted in a very successful year. I predict that the number incidents our detachment will be called upon to investigate will increase significantly in 2009 and more demands will be placed on our members. The specific impact of the economic downturn is unknown. The Bandido Motorcycle Club homicide trial itself will create staffing pressures on the detachment. The trial will be a national media event. On a positive note the Elgin County Detachment complement was increased by two additional constables through the Federal Government Police Recruitment Fund. The detachments sworn constable strength has increased to fifty-two. The total sworn officer strength is fifty-eight. I am confident the members of the Elgin County Detachment are prepared to assume any added demands to their workload and 2009 will be a success policing year or for our detachment. Wan CoX lnspector Elgin County Detachment 17 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 199 of 303 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 200 of 303 ELGIN GOUNTY DETACHMENT ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 201 of 303 ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 202 of 303 Elgin County Detachment 200g Business planOntario Provincial PolicefTTt I I t t t Ttt t t T Topic A Message from the Elgin county opp Detachrnent Commander Environmental Scan Community Consultations Business Plan Goals Summary 3-9 10 1 1-36 Safe Communities - A Secure Ontario ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 203 of 303 ,,' ,, 'iit.l, I I I t I I t t I I I I ONTARIO PROVINCIAL POLICE 24-Hour Proactive and Reactive pol icing/l nvestigation Aboriginal Policing Services Auxiliary Policing Program Aviation Behavioural Sciences and Analysis Canine Child Exploitation lnvestigation Communications Community Policing Complaint lnvestigation Court Case Management Crime Prevention Crime Stoppers Program Differential Response Program ,Pi{ L¡.{-, il: å: ¡l¡t i j', r J} Drug Enforcement E-Crime (Elecrronic Crime) Emergency Planning and Response Explosive Disposal Forensic ldentification Hate Crimes/Extremism lnvestigation lllegal Gaming lnvestigation lncident Command lntelligence Major Case Management Marine/Snowmobile/ATV Media Relations Offender Transportation Ontario Sex Offender Registry Organized Crime I nvestigation Protective Seruices R.l.D.E. (Reduce lmpaired Driving Everywhere) Search and Rescue Surveillance - Electronic and Physical Tactics and Rescue Technical Traffic Collision lnvestigation Traffic Safety Training Undenruater Search and Recovery V|CLAS giolent Crime Linkage Analysis Sysren ) Victim Assistance The above list provides an overuiew of OPP Programs and Seruices and should not be considered complete $ u -iJ rIJ J:t ü.l u r'j Policing Excellence through Our People Our Work and Our Relationships ELGIN Group Police Services Board 2008 Annual Report and Ont... Page 204 of 303 2008.08.19 6.3 9050 MUNIC|PALITrO Accounts Payable Royal Bank Cheque Register - 0311212009 I lnvoice lnvoice Cheque Cheque i iPayee Number Date Type Amount Number I 001060 1025276 oNTAR|O tNC 51730 D|G|TAL LOCK 03/03/2009 I 577.50 006084 7612 KEKAB 02t27t2009 I 90.40 006084 Cheque Amount- 667.90 OOOO23 AAROCAGGREGATES LTD J056811 GRAVEL 02t27t2009 I 3,864.12 006085 Cheque Amount - 3,8M.12 OOO033 AGLINE I 1 90593 JD WIPER BLADES 0211812009 t 27.13 006086 Cheque Amount - 27.13 OOOO44 ALISAR AGGREGATES INC 20033553 WTNTER SAND 02t28t2009 I 5,667.29 006087 Cheque Amount - 5,667.29 OOOO52 AMTELECOM COMMUNICATIONS Mar0060257907 OFFICE - INTERNET 0310112009 I 8'1.85 006088 Mar0060341982 INTERNET - EDISON MUSEUM 0310112009 t 45.10 006088 Mar0060408229 INTERNET - MARINE MUSEUM 03/01/2009 I 45.10 006088 Mar0060493387 INTERNET - GARAGE 0310112009 I 28.30 006088 Mar5198665521 MONTHLYTELEPHONE 03/01/2009 t '1.291.33 006088 Cheque Amount - 1,491.68 OOOO6O ANNEX PUB. & PRINTING INC 1N37733 MATNT, PROTECTTVE 03i06/2009 r 64.40 006089 renew SUBSCRIPTION RENEWAL 0310212005 I 32.07 006089 Cheque Amount - 96.47 001337 AROUND ABOUI BAYHAM ad - fire prevent AD RE: BATTER CHANGES 03/10/2009 I 30.00 006090 Cheque Amount - 30.00 OOOO81 AYLMER TIRE 0000050708 TNSTALL TTRES 02t03t2009 t 2,812.33 006091 Cheque Amount - 2,812.33 OOOO91 BARRYR. CARD 212012-19 LEGALSERVICES 03/06/2009 I 149.10 006092 Cheque Amount - 149.10 OOO12O BRAD VALKO 0009513D GLASSES - BRAD V. O2t27t2009 I 204.00 006093 Cheque Amount - 204.00 OOO141 CAIN'S AUTO SALES & SERVICE 5371 LOF O2t0412009 I 44.02 006094 Page I Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 205 of 303 Accounts Payable Royal Bank Cheque Register- 0311212009 lnvoice Payee Number Cheque Cheque Amount Number OOlO3O CALTON COMMUNITY CENTRE COMMITTEE F2009-0't3 001497 CANADIAN IMPERIAL BANK fees OOO154 CANADIAN KOOLWATER ,108954 WATER BOTTLES OOI206 CHRIS MARTIN course / training 000220 CJDL 5079 OOOI95 CLIFF EVANITSKI ROMA mileage OOO2O5 CONSEIL SCOLAIRE DE DISTRICT Mar'09 levy SCHOOL LEVY 000206 CONSEIL SCOIáIRE PUBLIC DU Cheque Amount - MEMORY OF CHARLES D. PHILLIP O3/íO/2009 I Cheque Amount - RENEWAL FEES 0210212009 I Cheque Amount - 5391 5495 Mar'09 levy OOO212 COUNTY OF ELGIN tN0000't2486 tN000012486- tN000012493 tN000012578 REPAIR REAR TIRE LOF SCHOOL LEVY 02t06t2009 0212612009 16.95 44.02 006094 006094 006095 006096 006097 006099 0061 02 104.99 50.00 50.00 215.00 215.00 88 00o3t01t2009 I Cheque Amount - COURSE 03/03/2009 I Cheque Amount - ELIZABETH ST SUBDIVISION O2I27I2OO9 I Cheque Amount - MILEAGE & PARKING FOR ROMA O3I1OI2OO9 I Cheque Amount - 88.00 255.00 006098 255.00 448.88 /148.88 302.30 006100 031't112009 I 302.30 1,346.00 0061 01 Cheque Amount - 03rt1/2009 I 1,346.00 660.00 1ST QUARTER LEVY CREDIT - OPTA ADJUSTMENT'08 POLICE SERVICES FEB'09 CERB 911 JAN-DEC'o9 Cheque Amount -660.00 605,129.00 006103 -5,349.91 006103 47,732.43 006103 3,249.31 006103 0212012009 0212012009 0212012009 0212012009 I c I I 000218 cuPE LOCAL35 Feb'09 remit UNION DUES Cheque Amount - 02t28t200s I 650,760.83 370.88 006104 OOO229 DANCE SEWER CLEANING INC Cheque Amount -370.88 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 206 of 303 Accounts Payable Royal Bank Cheque Register - 0311212009 i lnvoice lnvoice Cheque Cheque I ipayee Number Date Type Amount Number i 10402 HYDRO EXCAVATE 0210212009 I 110250 006105 ChequeAmount- 1,102.50 OOO235 DAVE LIPPERT FUELS LTD 50251 TRAXON SYNTHETTC 201 0212512009 I 177.30 006106 Cheque Amount -177.30 OOO245 DAYTRIPPING 3216 LISTING ON MAP 03/06/2009 I 498.75 006107 Cheque Amount - 498.75 000262 DONNALAMOURE 0009374D CONTACT LENS 02t18t2009 I 84.00 006',108 Cheque Amount - 84.00 OO1026 DR. C. L. LEATHERDALE 014 JAN 09 COLI-ABORATTON FEE 03t11t2009 I 800.00 006109 Cheque Amount - 800.00 OOO299 ELGIN PURE WATER 0000'151335 MONTHLY RENTAL CHARGE 03/01/2009 I 106.58 006110 Cheque Amount -106.58 OOO334 FASTENALCANADA ONTIS24687 ROTARY HAMMER oNTts24707 PtN 03/05/2009 I 271.89 006111 03/06/2009 I 25.77 006111 Cheque Amount - 297.66 OOO357 G& K SERVICES CANADA INC 1518381',t47 SHOP TOWELS, FLOOR MATS 03t05t2009 I 219.42 006112 Cheque Amount - 219.42 000367 GENERAL CHEMICAL 90212218 ALUM SULFATE 02t19t2009 r 498.57 006113 Cheque Amount - 498.57 OOO373 GERALD CROCKER course training FIRE COLLEGE COURSE 03/03/2009 I 698.60 0061 14 Cheque Amount- 698.60 001219 GROUP 3 SCREEN PRINT 5795 SIGN INSTALLATION 03/03/2009 I 678.00 006115 Cheque Amount - 678.00 001258 HENNESYGIBSON HOGAN 51090 LEGAL SERVICES 03/05/2009 I 1,194.46 006116 OOO416 HETEK SOLUTIONS INC Cheque Amount - 1,194.46 Page 3 Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 207 of 303 ¿vvo.vg. rv u,o vvuv Accounts Payable Royal Bank Cheque Register - 0311212009 vJt t¿t¿vvv t. rvrtvt lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number OOO427 HYDRO ONE NETWORKS INC tNV02721 5 Mar01l8'l-23005 Ma10657144066 Mar12650-91004 Mar18850-12458 Mar18971-44027 Ma¡18971-52001 Ma128799-40004 Ma134853-01007 Mar3579543000 Ma¡43850-12451 Ma150250-12458 Mar50370-20077 MarS645G12330 Mañ2770-20225 Mañ8850-'12275 Mar87770-20012 Maß3850-12278 Mar93850-910 1 9 Maß3970-20342 000217 tBtGROUP 203410 205022 OOO498 KEN SPROUL 3947 OOO5O4 KEVIN KITCHING course / training ON SITE CALIBRATION UTILITIES - INTERP CENTRE UTILITIES - METER CHAMBER UTILITIES - PUMP#8 UTILITIES - PB LIBRARY UTILITIES - METER CHAMBER UTILITIES - BOOSTER PUMP UTILITIES - PUMF#I UTILITIES - BEACH WASHROOMS UTILITIES. PUMP#6 UTILITIES - PB CENTENN PARK UTILITIES - MARINE MUSEUM UTILITIES - VIENNA LIBRARY UTILITIES - BOAT LAUNCH UTILITIES - VIENNA MEM PARK UTILITIES - PB GARAGE UTILITIES - EDISON MUSEUM UTILITIES - PB FIREHALL UTILITIES - PUMP#7 UTILITIES - V.C.C. o2h2t200s I 474.60 0061 17 Cheque Amount - 03t04t2009 03/06/2009 0310412009 0310412009 0310412009 03t04t2009 0310212009 o310412009 03/06/2009 0310412009 0310412009 03/06/2009 03t04t2009 03/06/2009 03/06/2009 03104t2009 0310412009 0310412009 03t04t2009 474.60 4't.71 006'l '18 47.55 006í 18 '179.66 0061 18 166.75 0061 l8 47.19 006118 83.40 0061 l8 333.60 006118 81 .27 0061 '18 800.31 0061 18 92.38 006118 274.16 0061 '18 526.42 006118 50.82 006118 685.27 006118 100.67 0061 18 30.96 006118 247 -14 0061 l8 92.87 0061 18 1 ,058.62 0061 l8 Cheque Amount - CONSULTING FEES O2I2OI2OO9 CONSULTING FEES - FERRY SER\ O2l20l2009 Cheque Amount - SNOWPLOWING 0212812009 r Cheque Amount - COURSE 03/03/2009 r Cheque Amount - 4,940.75 2,822.93 006119 355.95 0061 19 3,178.88 1,16r.30 006120 I ,l6r .30 255.00 006121 OOO51O KLASSEN AUTO PARTS 1-221't4 1-22163 1-22181 1-22203 1-22204 TERMINALS, WASHER FLUID WRENCH, FUSE HOLDERS, CLEAI' FUSE HOLDERS PRIMWIRE SOLDER 02103t2009 0210312009 02t04t2009 0210412009 02t04t2009 255.00 30.96 71.76 9.18 38.64 10.67 006122 006122 006122 006122 006122 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 208 of 303 ¿vvq.va. tv u.J vvou IVIUI\IUITIìLI I f UF E'IìTHlìM vJll¿lzvvY l;lvrlvl AccountrPayab Royal Bank Cheque Register - 0311212009 lnvoíce Payee Number lnvoice Date Type Cheque Cheque Amount Number 1-22271 1-22285 1-22304 1-22442 1-22599 1-22667 1-22674 1-22999 1-23082 1 -23099 1-23103 1-23324 1 -23685 29 49 OOO58O MARKTAYLOR ROMA mileage 10110411248 't01 10426806 10110427284 1 01 I 0429363 10110429546 10110429629 101 10429683 BATTERIES BLADES PRIMWIRE PARTS FILTERS otL WIPERS BLADE WIPER BLADES GLOVES FILTERS, OIL NUMBER PUNCH FILTER GAS. RESCUE UNIT GAS. RESCUE UNIT ORANGE JUICE ORANGE JUICE POP SUPPLIES DESSERT PLATES BAKERY SUPPLIES 0210512009 0210512009 0210512009 0210912009 0211112009 0211212009 0211212009 0211812009 02t20t2009 02t20t2009 02t20t2009 02t24t2009 03/03/2009 155.83 006122 21.65 006122 75.63 006122 31.94 006122 87.17 006122 152.41 006122 36.25 006122 10.83 006122 39.59 006122 17.77 006122 80.37 006122 32.77 006'122 20.30 006122 OOO513 KOOLEN ELECTRIC 14337 WATER FURNACE REPAIR OOO538 LEVITT-SAFETYLIMITED 4s3422ù00 FIÏ TESTING OOO552 LONDON DISTRICT CATHOLIC Mar'09 levy SCHOOL LEVY OOO573 MARC'S GAS BAR & VARIETY Cheque Amount - 0212812009 I 963.72 358.58 006123 Cheque Amount - 0211712009 I 358.58 472.50 006124 Cheque Amount - 03t't1t2009 I 472.50 43,1 09.00 0061 25 0061 26 0061 26 006127 0061 28 006128 006r28 0061 28 0061 28 0061 28 0061 28 0061 28 Page Cheque Amount -43,109.00 57.76 28.00 03t02t2009 02t1312009 Cheque Amount - MILEAGE/PARKING FOR ROMA 03/10/2009 I Cheque Amount - 85.76 321.30 000617 MUDFORD FAMILY FOOD TOWN 0'110112009 02t05t2009 0210712009 0211712009 02t18t2009 o211812009 02t18t2009 0211812009 321.30 5.38 21.52 87.07 14.29 11.25 25.72 '17.14 359.94trays & sandwiches VEGGIE & FRUIT TRAYS Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 209 of 303 Accounts Payable Royal Bank Cheque Register - 0311212005 i lnvoice lPayee Number I lnvoice Cheque Cheque i Date Type Amount Number I Cheque Amount - 542.31 000623 MUNICIPALITY OF BAYHAM 07 SEWER LOAN 02103t2009 I 102,103.83 006129 ChequeAmount- 102,103.83 001496 MUNICIPALITY OF WEST ELGIN RF2oO9-03 MEAL-CHFS MEETTNG tN RODNEY 03/06/2009 I 30.00 006130 \totD eD ' meetins cHtEFS MEEïNG o2t26t2oos I 30.0t ;;;r;ã ¿,rptt.-!- \ ñ'\)oi\3 Cheque Amount - 60.00 000635 NEOPOST CANADA LIMITED I 1659635 CANADA POST RATE CHANGE 03/01/2009 t 248.27 006131 Cheque Amount - 248.27 000647 NORFOLK DISPOSAL SERVICES 108'177 GARBAGE COLLECTTON 02t28t2009 I 34,698.15 006132 Cheque Amount - 34,698.15 000658 oMERS 04100 Feb'09 FEB'09 REMIT 0212812009 r 10,693.10 006133 Cheque Amount - 10,693.10 000694 PAUL GROENEVELD glasses READER GLASSES - C. GROENEVI 0111912009 I 22.59 006134 lunch reimburse RECRUITMENT - LUNCH 03/03/2009 I 17.71 006134 Cheque Amount - 40.30 001484 PELMOREX MEDIA INC. 107873 WEATHER FORECAST O2t28t2009 I 315.00 006135 Cheque Amount - 315.00 OOO7O4 PETERS PLUMBING 681 REPATRS TO TO|LET - S.C.C. 03/03/2009 I 68.25 006136 Cheque Amount - 68.25 OOO727 PUROLATOR COURIER LTD 404411239 COURTER SERVTCE 02t20t2009 I 39.67 006137 Cheque Amount - 39.67 OOO735 R.G. RYCKMAN TRUCKING LTD 1778 TRUCK RENTAL 02t28t2009 I 1.171.80 006138 OOO737 RAMONA PEIDL 341387 341 388 341 389 Cheque Amount - 1,17'1.80 FEBRUARY',09 CLEANTNG 0212812009 I 965.00 006139 FEBRUARY'09 CLEANTNG - S.C.C. 0212812009 I '1,319.50 006139 FEBRUARY '09 CLEANTNG - V.C.C. 0212812009 t 747 .50 006139 Page 6 Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 210 of 303 Accounts Payable Royal Bank Cheque Register - 0311212009 lnvoice Payee Number OOO738 RANDALL UNTCH course / training 001213 RICK VARRO course / training OOO77O RODGER MARTIN #'t '09 #2'09 000806 SGS CANADA INC I 03371 49 't0337150 10337697 1 0337698 lnvoice Date Type Cheque Cheque Amount Number Cheque Amount - 03/03/2009 I 3,032.00 291.45 006140COURSE COURSE K-9 CONTROL JAN 2OO9 K.9 CONTROL FEB 2OO9 LAB FEES LAB FEES LAB FEES LAB FEES Cheque Amount - 03/03/2009 I 291.45 295.50 006141 Cheque Amount -295.50 1,260.00 006142 1,470.00 006142 0113112009 0212812009 OOO783 ROYAL FENCE LIMITED 40658 GUARD RAIL REPAIRS Cheque Amount - 02t1912009 I 2,730.00 3,915.82 006143 Cheque Amount -3,915.82 413.70 006144 261.45 006144 120.75 006144 721.35 006144 0212412009 0212412009 0212512009 0212512009 OO1106 SIEMENS WATER TECHNOLOGIES t038273 B|OX|DE OOO814 SIFTOCANADAINC 72129499 BULKCOARSE HIGHWAY 72131330 BULK COARSE HIGHWAY 001482 SUN MEDIA CORPORATION xtt207033 001418 TELUS 01 5894762008 AD - BRIDAL SHOW Cheque Amount - 0110112009 r 1,517.25 4,307.56 006145 Cheque Amount -4,307.56 5,252.58 006146 5,389.62 006146 0212312009 0310212009 Cheque Amount - 0212012009 r 10,642.20 134.40 006147 Cheque Amount - 02t27t2009 0212712009 0212712009 02t2712009 0212712009 02t27t2009 02t27t2009 134.40 -112.87 56.33 41.75 36.95 37.86 36.95 106.31 0061 48 0061 48 0061 48 006148 006148 006148 006148 Page CELL PHONES - SAVINGS 01589476200812005876 CELL PHONE - P GROENEVELD 015894762008/6197656 CELL PHONE - A SWANCE 015894762008/6365709 CELL PHONE - PB FIRE DEPT 015894762008/6365787 CELL PHONE - ROADS DEPT 015894762008/6366178 CELL PHONE - STRAF FIRE DEPT 015894762008/6366198 CELL PHONE - c LEMAY c I I I I I I '\lo\oeO Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 211 of 303 2008,08'19 6,3 9050 MUNICIPAEITY OF BAYHAM 03/1212009 1:10PM Accounts Payable Royal Bank Cheque Register - 0311212009 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 015894762008/6366368 CELL PHONE - E ROLOSON 015894762008/6369464 CELL PHONE - K KRUGER 015894762008/6689955 CELL PHONE - B BUTLER 015894762008t9021249 CELL PHONE - ROADS DEPT OOO879 THAMES VALLEY DISTRICT SCHOOL Mar'09 levy SCHOOL LEVY OO1OO2 TILLSONBURG FIRE & SAFETY EQUIPMENT 0212712009 02t2712009 02t27t2009 0212712009 120.39 006148 54.97 006148 45.82 006148 36.95 006148 I I I I Cheque Amount - 03t11t200s I 461.41 298,524.00 006149 Cheque Amount -298,524.00 141.08 006150 12.71 006150 01t14t2009 0210112009 COURSE OOO91O TOWNOFAYLMER IVCO6335 FIRE DEPT MISC CHARGES OOO925 TRILLIUM RAILWAY COMPANY 11105 't 1 106 OO12OO TODD MCMILLAN course / training PCK1355 001324 UNDERHILL BROS 871 80 87181 TEST & FILL CYLINDERS INSPECTED, TAGGED SIGNALS SNOWPLOWING SNOWPLOWING Cheque Amount - 03/03/2009 I 153.79 291.45 006151 Cheque Amount - 02t2712009 r 291.45 30.00 006152 Cheque Amount - 0310112009 I 30.00 560.98 006153 Cheque Amount -560.98 315.00 006154 283.50 006154 02t20t2009 0212312009 OOO953 VIENNA HOME CENTER LTD Cheque Amount -598.50 55.98 006155 3.38 006155 101.03 006155 202.50 006155 12.67 006155 46.83 006155 134.98 006155 7 .33 006155 33.08 006155 5.07 006155 334008 334174 334182 3341 99 334207 334213 334479 334482 334578 334677 CEMENT, CONCRETE BLOCKS CONNECTORS, BRUSH MAIL BOXES, CHISEL, POST POSTS LAG BOLTS, BOLTS, WASHERS POSTS POSTS FLOURESCENT BULBS BRACKETS SILICONE CAULKING 02102t2009 0210912009 0210912009 02t0912009 02t10t2009 0211012009 02t2012009 0212012009 0212512009 02t27t2009 OOO957 VOTH SALES & SERVICE LTD Cheque Amount -602.85 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 212 of 303 3If2200ffi Accounts Payable Royal Bank Cheque Register - 0311212009 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 0000'179161 0000179200 0000179227 00001 79232 00001 79253 0000'179258 0000r 79289 00001 79295 00001 79299 00001 79305 00001 7931 1 0000179344 001015 WEAO 09-9800434 FUEL FILTER, WIRE TIES TAIL LIGHT FAN BELT PLUG AND PINS REPAIR FUEL LEAK, BRAKES LED STROBE LIGHT otL OIL, HOSES FILTERS BELTS, FILTERS ALARM BACKUP AIR HORN 22.58 006156 19.20 006156 19.20 006',156 22.60 006156 1 ,138.31 0061 56 148.29 006156 24.57 006156 881.88 006156 20.36 006156 83.33 006156 37 .28 006156 't69.49 006156 0210512009 02t13t2009 02t18t2009 02t19t2009 02t23t2009 02t2412009 02t25t2009 021251200s 02t2512009 0212612009 02t2612009 o2t28t2009 Cheque Amount - 2OO9 MEMBERSHIP RENEWAL O2I17I2OO9 I Cheque Amount - 2,587.09 78.75 006157 000986 WORKPLACE SAFETY & INSURANCE 1625314 Feb'09 FEBRUARY'09 REMIT 02t14t2009 r Cheque Amount -1,780.63 Cheque Run Total -1,2',13,805.44 78.75 r ,780.63 006158 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 213 of 303 Phone Location # 519.866.3403 519.866.3884 519.866.5425 519.866.5521 519.866.5525 519.866.3524 519.866.3708 519.866.3972 519.874.4722 519.874.4736 519.866.5267 519.874.1299 519.874.4761 519.874.4101 519.874.4208 519.874.4761 519.874.4531 519.874.4766 519.874.4778 519.874.4807 519.874.4999 office line office fax offìce line - debit office line office line garage straf firehall straf firehall pb firehall pb firehall med bldg v.c.c. sewage plant sewage plant fax sewage plant sewage plant 406413 sewage internet o.p.p planUpump alarms sewage plant maflne museum edison museum 10.10.5360 10.10.5360 10.10.5360 10.10.5360 10.10.5360 25.10.53.60 20.10.5360 20.10.5360 20,10.5360 20.10.5360 35.10.5210 45.30.5360 30.20.5360 30.20.5360 30.20.5360 30.20.5360 30.20.5360 20.20.5360 30.20.5211 30.20.5211 45.50.5360 45.50.5360 36.52 32.67 32.67 299.67 33.62 435.15 36.37 36.37 41.82 32.67 37.37 32.67 IM.53 38.62 38.62 37.67 37.67 2.85 37.12 37.12 43.32 42.95 163.36 32.67 32.67 32.67 32.67 65.34 43.82 38.62 82.M 1036.15 miscellaneous charges added as applicable Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 214 of 303 Posting Summary Trace: 008513 Accounts Pavable Voided Gheoue 0t-0'100-r030 2009 03 03/13/2009 cDrsT 014100-'1950 2009 03 03/13/2009 CDTST PostedBy: SANDRA overpayment for same item overpaytnent for same item Void Ghq:6130 MUNICIPALÍTY OF WEST Void Chq:6130 MUNICIPALITY OF WEST Totel Debits Total Crcdits Net Posting 60.00 -60.00 60.00 €0.00 0.00 Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 215 of 303 I Loor.o'.1e '3€oboI MUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 008513 0311312009 9:404M Fiscal Account Year Pd. Date Source Description Ref Amount Accounts Pavable Voided Gheoue 01-0100-1030 2009 03 03/13/2009 cDlsT 01-0100-1950 2009 03 03/13/2009 cDlsT Posted By: SANDRA overpayment for same item overpayment for same item Voíd Chq:6130 MUNICIPALITY OF WEST Void Ghq: 6130 MUNICIPALITY OF WEST Total Debits Total Credits Net Posting 60.00 -60.00 I I I I Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 216 of 303 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM General Ledger Posting Summary Trace: 008544 Fiscal Accqunt Yeaf Pd, Date Source Descdption ' Rêf Amount Accounts PavableVoided Gheoue Posted By: SANDRA 01-0100-1030 2009 03 O3t17l2OOg CDIST amountgreaterthan invoice Vold Chq:6148 461.41 TELUS O1-O1OO-1950 20Og 03 O3t17l2OOg CDIST amountgreaterthan invoice Void Chq:6148 461'41 TELUS fotal Debits 46'1.41 Iotal Credits 461.41 Net Posting 0.00 03t1712009 10:404M Pæe 1 Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 217 of 303 lnvoice Payee Number lnvoice Cheque Cheque Date Type Amoun! Number 2008.08.19 6.3 9050 OOOO38 AIR LIQUIDE CANADA INC. MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 03/19/2009 02t28t2009 I Cheque Amount - 03rt2i2009 I 03/19/2009 10:324M 66.15 006159 66.'15 84.00 006160 3273718',1 001337 AROUND ABOUT BAYHAM grass cutting AD t-88029-0 l-88129-0 CYLINDER GAS PLUGS, CAPS, UNIONS CYLINDER KITS Cheque Amount - OOOO75 AYLMEREXPRESS 0000144'151 WATER RATES, HARBOUR, HLP W 0212512009 I Cheque Amount - OOO156 CANADIAN PIPE SUPPLY LTD T4'19352 ELBOWS OOO1OO CORPORATE EXPRESS 03/06/2009 I Cheque Amount - 22202419 POSTIT FLAGS, PAPER 03t'12t2009 031121200922202421 PAPERCLIPS OOO272 DYNAMIC FLUID PRODUCTS INC Cheque Amount - 84.00 '198.45 006161 198.45 48.00 006162 48.00 41.94 006163 38.24 006163 03t1112009 0311712009 80.18 61.41 006164 78.34 006164 OOO334 FASTENALCANADA ONTIS248O1 DRILL BIT SET, FLOOR DRY OOO357 G& K SERVICES CANADA INC Cheque Amount - 0311212009 I 139.75 97.18 006165 Cheque Amount -97.18 190.34 00616615183s6886 OOO427 HYDRO ONE NETWORKS INC SHOP TOWELS, FLOOR MATS O1IO1I2OO9 I Cheque Amount - MarO0240-14793 Mar06460-0880 Mar12660-62007 Marl 5773-6801 6 Ma125260-09578 Mar53993-93004 Mar68860-0801 5 Mar73394-81003 Ma186590-87008 Ma187640-15034 Mrch1897144027 UTILITIES - GARAGE UTILITIES . STRAF LIBRARY UTILITIES - MED BLDG UTILITIES - PUMP#5 UTILITIES - OFFICE UTILITIES - PUMPÍI4 UTILITIES - STRAF FIREHALL UTILITIES - PUMP#3 UTILITIES - PUMP#2 uTtLtTlEs - s.c.c. UTILITIES - METER CHAMBER 190.34 992.59 006167 171.33 006167 101.73 006167 407 .67 006167 403.70 006167 56.48 006167 469.11 006167 70.95 006167 231.42 006167 1 ,267 .13 006167 39.92 006',167 03/09/2009 0311112009 03t1112009 03/1 0/2009 03t1112009 0311312009 03t1112009 0311312009 03t11t2009 0311112009 o3t1312009 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 218 of 303 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2008.08.19 6.3 9050 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register- 03/19/2009 Cheque Amount - 03/16/2009 I Cheque Amount - o2t28t200s I Cheque Amount - 0210512009 0210512009 0210512009 02t1712009 02t1712009 0211712009 02t25t2009 0212512009 0212512009 02t0512009 0210512009 02t05t2009 03/19/2009 10:324M OOO518 KWIK KOPY PRINTING 24077 COPYPAPER 000526 T.AEMERS TRUCKING LTD Feb'09 snow removal SNOW REMOVAL OOO235 LIPPERT & WRIGHT FUELS LTD, 4,212.03 219.18 006168 219.18 3,389.40 006169 30503 30504 30505 33274 33275 33276 35095 35096 35097 46571 46572 46574 DIESEL ULS DIESEL DYED REG GAS REG GAS ULS DIESEL DIESEL DYED REG GAS ULS DIESEL DIESEL DYED GASOLINE, REGULAR DIESEL, ULS DIESEL, DYED 3,389.40 2,796.77 006170 816.25 006170 655.27 006170 r,094.61 006170 1,118.36 006170 526.01 006170 814.31 006170 2,395.07 006170 444.83 006170 584.26 006170 2,601.41 006170 672.75 006170 001496 MUNICIPALITY OF WEST ELGIN RF2009-03 meeting meeting - reverse MEAL-CHFS MEETING IN RODNEY 03/06/2009 CHIEFS MEETING 0212612009 REVERSE INVOICE 0212612009 03t0412009 02t2612009 Cheque Amount -14,559.90 30.00 006171 30.00 006171 -30.00 006171 I I c Cheque Amount - OOO7O4 PETERS PLUMBING 683 REPAIR MENS URINAL - OFFICE 03/09/2009 I Cheque Amount - 000706 PITNEY BOWES 294800945993 COMPREHENSIVE SERVICE 03/05/2009 I Cheque Amount - OOOTIO PORT BURWELL HOME HARDWARE TISSUES, RECYCLE BOXES o2t18t2009 I Cheque Amount - OOO743 RBC ROYAL BANK Mach451 60500009541 7æGRA CONFERENCE Mar451 60500009541 1 I OGRA CONFERENCE - HOTEL 30 00 82.41 006172 6643 82.41 574.16 0061 73 006174 574.16 378.81 378.81 777 .00 006175 667.83 006175 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 219 of 303 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number Mar4516050000954176' OGRA CONFERENCE Mch4516050000954176 STAPLES STORE - SUPPLIES 001489 SOFALVI DOORSYSTEMS INSTALL DOOR OOO857 STRONGCO EQUIPMENT 875855 REPAIR KIT, PISTON O01482 SUN MEDIA CORPORATION 2008.08.'t9 6.3 9050 x1/209336 x1t209362 000870 TBSC 2518 001418 TELUS 01 5894762008 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 03/19/2009 0310412009 0212012009 Cheque Amount - 03/06/2009 I Cheque Amount - 0311712009 I Cheque Amount - 0310412009 03/06/2009 03/19/2009 10:324M 777 .00 006175 't81.06 006175 991 2,402.89 3,159.98 006176 3,159.98 807.41 006177 ZONING - SCHWARTZ ZONING - NEZ FARMS 807.41 243.05 006178 243.05 006178 Cheque Amount - CHECK PAGER & PROGRAMMING 0311612009 I Cheque Amount - 486.10 128.82 006179 CELL PHONES - SAVINGS 015894762008' CREDIT 01 5894762008 12005876 CELL PHONE - P GROENEVELD 015894762008/6197656 CELL PHONE - A SWANCE 015894762008/6365709 CELL PHONE - PB FIRE DEPT 015894762008/6365787 CELL PHONE - ROADS DEPT 015894762008/6366178 CELL PHONE - STRAF FIRE DEPT 01 5894762008/63661 98 CELL PHONE - G LEMAY 015894762008/6366368 CELL PHONE - E ROLOSON 015894762008/6369464 CELL PHONE - K KRUGER 015894762008/6689955 CELL PHONE - B BUTLER 015894762008t9021249 CELL PHONE - ROADS DEPT 0212712009 02t2712009 02t2712009 02t2712009 0212712009 0212712009 0212712009 0212712009 0212712009 0212712009 02t27t2009 02t2712009 0212712009 03/05/2009 128.82 -112.87 006180 -127 .51 006180 56.33 006180 41 .75 006180 36.95 006180 37.86 006180 36.95 006180 106.31 006180 120.39 006',180 54.97 006180 45.82 006',180 36.95 006',180 112.87 006180 31.35 006180 c c I I I I I I I I I I I I 01 5894762008a REVERSE CREDIT AMT 016242498006/6366069 CELL PHONE - B KNIFTON OOO888 THORNTON'S LOCKWORKS REPAIR LOCK - LIBRARY & OFFICI O3/,I6/2009 I Cheque Amount - Cheque Amount -478.12 89.25 0061 8l 89.25 9251 Cheque Run Total -31,902.51 Page Cheque Register being Cheque #6084 to Cheque #6181 inclusive... Page 220 of 303 FR0N:TÊYlor FÊX N0. :5198744585 Ma¡ch 20,20Q9 To the Council oftheMunicipalify of.Btyham .3rff I requesttíme to approach couocil irr regar{s to the uegloct of ahistorical villag" and to disprfe tÌre upcoming remoyal of the library from the Tqwn hall. ,#iThis a¡ea was one of the first settled in Upper Canada and an a¡ea th¿t deserves recognition ancl respeü; Mary Täylor - Vïenna As I have found matry of our young residents a¡ld newcomers to the area know very little about this village : I came across the followÍng a¡ticle which I would lÍke to sharo ; More fsmilies moved into following the end. of the was iû 1g14, including John Edison's son Moses, rty', his oum sonAdorijah (who was later ki]le,ı while erecting a barn) and , Sarah and Margaret and their respective htlsbands, Dennis Dowlands, Peter Weaver, James Mlson and Mlliam Saxton. It is John Edíson's oldest son, "ca¡tain sam" wJro is was hoìiln fo¡ his lively exproits. Others who setÉled it Boyham prior to 1820 inolude James Vanamburg\ Asaph Teall, Jcsse Smith, Willia:n Raymond, SamuelA¡nold, David Sibley. The Soper famíly anC fosçfr MÞrrill. It is claimed that22 year oldAlex Hai¡es walkçd the dist¡nce here anúback by ioot, from'Digby County, Nova Scotia, in order to first y.içw his futuç home before tansporring his fanily. In 1820. Lt William Saxton and his wife Margaret Edison Sa¡itou attemptod to found "Saxonlown" in an ¿¡rea on the west side of the river, north of what was then known as Estherville. Sa:<ontown was eventually incorporafed into the ViLlage of Vienna. D*i"g this same time Mr. And Mrs. Sa:cton established a school in the area" withthe classes þ"iog held in the Saxüon and Edison homestoads. The Village of Vienna was not formally establislred until 1829, when at the request of Jesse Smith and Çaptain Samuel Edison, the Village was surveyed into village lots by Colonel M*trlott Burwell. At the recommendafion of Colonel Burwell the surveyed vilIage was named Shrewsbury (after John Talbot , first Eafl of Slrewsbuly an ancestór of Colonel Thonras Talbot) but its inhabitants soon agreed to allow Captain Samuel Edison to rename fhe towtr Vienna in hsnor of his ancestoñ inÂustria. In 1853 tlie village was registered æ the Municipality of the Village of Vienna. Vienna then experienced a major'boom period over the next 30 years, rulins as Bayhaur largest center and becoming one of Uppgr Canada most flor¡rishing villages. Vienna wus even oonsidered a rival to St..'Ihomas. It is interesting tonoûe that during the 1830's a ntrrnber of synpathizers of Mlliam Lyon Mackenzie's goverrtnent refotm ¡esided within the Village VieÉfla and Bayham. In December of I837 a band of 30- 40 young local nren marched east to participate ìn Duncombe's Revolt. Most of the rebels were tracked back to Richmond and capflted a few days later. Several local volunteers (John Burwell, Llenry Medcalfe, George KErr, Alexatrdff and William Saxton) wøe capturcd and offered little resistance, as they were còld and hungry havìng concealed themselves in the woods d*i"g the chase. One who flod to safety sduth of the border was Samuel Edison Jt AVienne Irrrkee,per and son of l4ar. 2Ø 2ØØs 1Ø:38Ê1,1 P1 ltbì Correspondence dated March 20, 2009 from Mary Taylor regardi... Page 221 of 303 FRON:TÊYIor FÊX NO. :5198744585 l'1ar. 2Ø 2ØØ9 1Ø:38ÊN P2 Captain Sam Rlison Jr. appeterrtly returned safely tb Vïeaura, yet was forcçd to flee whon the army followed him. Duo to the $500 bounty posted for his capture Sam Edison Jr. ffed to Sarni¿ and crossod the ice safely into the Uniæd States. This insidEnt would later deny Can¿dian citizenshþ to his son bttm a fbw years later, the famous inventor Thomas Alva Edison. Dwing tho 1840's ViEnna was a flourishing tra.ding center, so naturally life gravitaæd towards the toum. The "Talbot Rogime'oonfirmed thc importanoo of Vienna and its surror.nding area. The Otter Creek and the large quantity ofpine along its bantc rendered Bayham one ofthe busiest- townshíps ín the lalbot settlemenL The Iumber trade was the main support of the village of Vienna which possessed about 1200 inh¿bitants. The village had an English Church, two Methodist churches, and a Baptist plaoe of worship uear by. A physician at Ve'nna looked after the heallå of the village. No less than êight stores, with grist and saw mills, the usu,al distillory and tannery and mechanics, with the "Red Lion" and four sftq¡ inns, rnade Vienna something of a metropolis in those days." In the years following the erection of the Grammar School (1846) business activities in Vienna steadily incroased. It was the development oftlre stave and lumber trade that caused Vienna's rapid growth. In 1850 it \ryas one of the r¡ost stining businoss places in V/ostem Canada Not only was the surrounding area rich in forest ofpino, rnaple and oalq but also the Otter Creek provided means for navigation to the lake. The winding banks of the Otter Creek were excelleut faoilities for piling and shipping these rich n¿tive products downsneam to Lake Erie. From Port Burwell the lumber products were shipped to the Llnited States, Quebec and the West Indies The two prominent câl¡ses forthe difference between thepast and prese,nt were the depletion oftimber tade and thc seveFÞ fires th^al spread though Viérura- The füst füe occuffed in fhe sprine of 1E56 (some say I 857) and oonsumcd thc whole of the business section of the Village. Much of the Mrmicipal records and Minute books were desEoyed in these fi¡es. Then ironically enoqh in 1S6S a flood took out tlre two bridges sparning the Otter Creek. By the mid 1870's Vienna's population fell to approxÍmately 600 persons. Dospite the fires and the decay of,the lumber tradc. Vienna still eujoyed a thriving business i:n 1877, Where the forests hsd forrnerly existed prosperous fsfihs now appeared and the whole ch¡racter of Vienna gxadufllly underwent a change. The railway that passed througþ TÏllsonburg becamç a connecting linkto Vienna. The illustrated Histo¡icalAtlas of ElgÌn County Ontario reports that in 1877 Vienna contained: foru general stores, four shoe shops, two blacksmíth slrops, two foundry and rnachine shops; one tannery; one carding and fulling mílÌ; one wooten factory; one flowirrg mì11; one plgster mill¡ two steæq saw mills; one cabinet factory and planning mill; Francisco House (HoteÐ Ciockett House (HoæÐ' Ir,1877 Vierma was still considered a pleasant place for a home, being romantically situated in the valley of ttre Otter, sheltsred on three sides by sloping hills and blessed with a abundance of pue spring water and a healthful fuosphere. The rest of Vje¡na's history reports mÍnor ups and downs. lVhen the lumber industry died down at the end of the centr¡ry the rEsidents fooused their attention on farming. The farrrs were proslrrous but the atmosphere of the village changed as wban businesses moved out leaving farm related businesses, A cheese factory and a foundry were established and natuïal gas \ryas discovered beside the northernmost bddge. A fi¡rther fire rwagedthe village with flames inl9l2. And in 1937 the village was consumed by another disastrotrs flood. Correspondence dated March 20, 2009 from Mary Taylor regardi... Page 222 of 303 FR0l"1 : TÊYlor FÊX N0. :5198744585 l'1an. 2Ø 2ØØ9 1Ø:39Ê14 P3 Despite the fires and floods the village ofVienna still exists. Thanks to the ustural beauty of the surÒurrding areåÞ VieruÈ still bås a lotto offer. Laþg betweerithe hills of Bayham withthe Otter Creek nrrríng along'slowly, it does rot take loug to appreciate the sigþts to be seear and the peace arld quiet that everyone needs dnring this trme ofhustle and bustle. Perùaps the futuro suooess of $flsnne will be detemined by the fact that it is ore of the host restfi¡l viltagæ in Ontado. Vienna had two newspapers by 1855 and located in the University of WestBnr Ontario Library Archives may well bc the qnly *py in existense of the'"The Phoenix and Elgin Comty Conservative". This single issue provides a rate glimpse into Vienna's past. Unknor¡m a¡rthor zubmitted by m- Taylor Correspondence dated March 20, 2009 from Mary Taylor regardi... Page 223 of 303 Page 224 of 303 1 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Administrator SUBJECT: Vienna Library Services DATE: March 12,2009 FILE: /,.2 NUMBER: C2009-03 Purpose To advise Council of the process initiated by the County of Elgin regarding closure of the Vienna Library Branch. Background As Council has already been made aware, the County of Elgin has been deliberating cost cutting measures including the potential reduction in library branches in Bayham from three to two. We have now been advised that the Vienna Branch will close effective July 1, 2009. Attached is the letter and report from County staff providing the issue background. Staff Comments The notice of closure has been ofhcially given, and the County report indicates this gives the Municipality and the public approximately one month to make any comment/delegations, as the necessary by-law will be presented to County Council April 14,2009. As such, Council may take any actions it deems appropriate relative to a municipal position andlor solicitation of public input. lnsofar as direct municipal impact, the current lease payments for the Vienna facility total approximately $6,200 annually. Attachments 1. CountyNotice March 1I,2009 and staff report February 10,2009 Strategic PIan Goal(s) 1. Goal #1 - Practice responsible financial management Recommendation: That Report C2009-03 be received for information. lly submitted Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 225 of 303 L- $ncclLtnty' March 11,2009 Ms. Lynda Millard, Clerk Municipality of Bayham Box 160, 9344 Plank Road Straffordville, ON NOJ 1Y0 Re: Official Notice of Closure of Vienna Library Dear Ms. Millard, Please be advised that Elgin County Council passed the following recommendations at the March 70,2009 session: "THAT a ByJaw closing the Vienna branch of the Elgin County Library effective July 1't, 2009 be prepared for County Council's consideration on April l4th, 2009; AND THAT notice of closure be provided to the Municipality of Bayham immediately; AND THAT the draft 2009 budget for the Elgin County Library be adjusted accordingly". This conespondence serves as official notice to the Municipality of Bayham of the intention to close the Vienna Library according to these recommendations. Further information will follow once the by-law has been adopted. Your efforts in forwarding this notice for Council's information are appreciated. Sincerely, Brian Masschaele Director of Community & Cultural Services BlWcr Mark McDonald, Chief Administrative Officer County of Elg¡n Community and Cultural Selvices 450 Sunset Dr¡ve St. Thomas,0n N5R 5V1 Phone: 519- 631-1460 www elgin-county.on.ca Progressive by Nature Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 226 of 303 Pro¡!ü¡l¡É ty fl¡d¡N REPORT TO GOUNTY COUNCIL FROM: Brian Masschaele Director of Community and Cultural Services DATE: February 10,2009 SUBJECT: Permanent Closure of Vienna Library Branch INTRODUCTION: This report provides an overview of challenges at the Vienna branch of the Elgin County Library and ultimately recommends that the branch be closed permanently before the end of 2009. DISGUSSION: Staff have completed a comprehensive review of operations within the Elgin County Library and, after careful consideration, are recommending that the Vienna branch be cloged permanently due to relatively low circulation and patron numbers, proximity to other branches, structural problems with the building and to reduce costs to the County and the Municipalíty of Bayham during challenging economic circumstances. The following are key factors leading to this decision: l. Branch Performance Below is a basic profile of the Vienna branch at the end of 2008: Hours open per week: 7 Number of active cardholders: 111 Total annual circulation : 4246 To put these figures in context, the Elgin County Library receives an annual benchmark study from the Administrators of Rural-Urban Public Libraries of Ontario (ARUPLO), an organization which represents county library systems in the province. ln the most important areas of this study, the Vienna branch is well below recommended benchmarks. To quote the study, "the minimum population required to support a rural branch library ís 1,000 people located in the catchment area for the branch." Vienna serves a catchment area of only 840 of which 111 have an active card. lt is the only branch in the system not to meet this minimum benchmark. The study also states that "each branch should generate a minimum of 8000 circulations per year." Vienna's annual circulation of 4246 in 2008 is also well below this standard and is the lowest in the system. Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 227 of 303 2. Proximity to Other Branches One could make the argument that if Vienna were open more hours, or if more resources were put into it, its performance would improve to meet the minimum benchmarks. However, it is important to note that this branch is uniquely positioned within close proximity to other branches in the system. Vienna is only 6.5 km's away from the Port Bunruell branch and I km's away from the Bayham branch. lts catchment area is therefore not likely to grow beyond current levels for the foreseeable future, especially given that population growth in the village has been modest. lt is the only branch located within l0 km's of another, let alone two. Staff are of the opinion that the residents of Bayham wilf still have a high level of access to library services through the two remaining branches in the municipality given their close proximity. The Bayham branch in Straffordville is open 28 hours per week and the Fred Bodsworth Public Library of Port Bun¡vell is open 11 hours per week. These two libraríes cater to the Municipality and County as a whole and would remain cultural hubs for the area, including the village of Vienna, 3. Building Condition The Municipality of Bayham has identified a number of upgrades that are required to bring the building, formerly used as the village town hall, up to an acceptable standard to continue the operation of the branch. This includes extensive improvements to the building's foundation which contains large structural cracks, new entrances with a ramp and a new bathroom to meet accessibility requirements, electrical upgrades, replacement of windows, and a new heating/ventilation/air conditioning system. Estimates received in2007 indicate that the total scope of the work required is in the range of $140,000 to $190,000. Recent provincial regulations regarding customer service standards for disability access will only increase this cost. In both 2005 and 2007, the Municipality applied for a Trillium application to undertake the necessary renovations. The applications were ultimately turned down. Copies of these applications are available for inspection at Bayham's municipal office. The municipality has no current plans to undertake the necessary work unilaterally given the extensive costs and it has not been determined if they will consider making an application under upcoming federal/provincial infrastructure programs to complete the work. Simply put, the library cannot continue to operate in this building indefinitely without these renovations and the municipality likely cannot afford to undertake them. While the branch could conceivably be moved to another location, the other arguments in this report speak against this option even if an acceptable space were available elsewhere in the village. ln any case, the municipality would still be obligated to complete necessary renovations to accommodate the library regardless of the location, leading to the same budgetary pressures. I Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 228 of 303 Council should be advised that if the decision is made to keep the branch open, the County will also be required to provide upgrades to existing facilities and equipment in the building to meet accessibility requirements. Staff have made significant progress in implementing such upgrades in other library branches and the work is on-going but Vienna has yet to be considered. For instance, a new circulation desk will be required to facilitate wheelchair access for staff and patrons and shelving modifications will also be required. While the majority of accessibÍlity upgrades would be Bayham's responsibility, the County will also have to spend additionalfunds to meet these obligations, approximate estimates for which could be as much as $10,000. Allocation of these funds will only increase pressure on an existing or future County budget. Currently, Bayham spends approximately $5700 per year to operate the building for library purposes, thereby largely off-setting lease revenue received from the County. Closure will therefore have little impact on the municipality's operating budget. 4. Cost Savings The County's annual lease wíth the Municipality of Bayham is $6200. ln addition, 8 staff hours per week would be eliminated, resulting in an approximate annual savings of $8300, making the total annual savings to the County $14,500. Staff are confident that these hours could be reduced equitably within the system and will not result in any formal layoffs. 5. Expired Lease The most recent lease agreement for the Vienna Library was established with the former Village of VÍenna in 1987 and was renewed in 1994 for a five year term. The lease was not renewed in 1999 in light of the recommendation to close the branch. The County has not formally renewed the lease since that time but has instead operated the library under the terms of the expired lease. Given that a valid lease is no longer in place, there are no binding notice provisions that would prevent the branch from being closed as soon as feasible. Historical Gontext Council may be aware that this is not the first formal discussion pertaining to Vienna's closure. ln 1999, the Council of the Municipality of Bayham, citing dwindling use, adopted a recommendation to close the branch which was then endorsed by County Council. However, in response to public feedback to this decision, Bayham Gouncil subsequently rescinded the recommendation and County Council agreed to do the same. What has changed in 2009 is the advanced deterioration of the building putting its future in doubt and the difficult economic circumstances brought on by a deep Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 229 of 303 global recession that both the Municipality of Bayham and the County of Elgin face. The challenge of low usage also remains from 1999 and the branch's performance can now be measured against guidelines and benchmarks that were not available in 1999. lt should also be noted that the library's catalogue is now much more automated than it was in 1999 and more services are being provided on-line. Nevertheless, and as was the case in 1999, Council can be assured that there will be ample opportunity for the public to be heard on this issue. Staff recommend that notice be provided to the Municipality of Bayham and that authorization for closure effective July 1 ,2009 take place through by-law at County Council's session on April 14,2009. This will give the public approximately one month to provide Bayham and County Council with feedback. Dispersal of Assets The following is a basic inventory of assets currently at the Vienna Library: o Books/magazines/audio-visual materials: 6141o 2 computers with printers. 1 Early Literacy Stationo 1 photocopier. 1 router and modem. 1 circulation desk. Metal shelving Vienna's collection size is less than three percent of the Library's total collection of approximately 210,000 items and will be distributed throughout the system. Information Technology has confirmed that all computer equipment can also be used elsewhere in the County. The photocopier was deemed surplus from Elgin Manor and is approximately 20 years old, The circulation desk was also a surplus item. Potential Impact The library does receive some funding that is pro-rated on a per branch basis. For instance, the Ministry of Culture has provided $500 in2007-2008 and 2008- 2009 for each branch to promote ServiceOntario. Such funds are program specific and are not permanent. ln any case, the reduction of such funds for a particular branch will not have any impact on the library's overall operating budget. Staff recognize that a library is much more than a repository of books, it also serves as the cultural hub of a community so the decision to close a branch, especially in a rural community, must not be taken lightly. However, staff are of the opinion that in this particular case, the residents of Vienna will still have 10 Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 230 of 303 excellent library services and programming available within very close proximity and indeed closer than many other residents of the County. Automation and provision of services on-line is also making it easier to use the library's services from home making physical location of a branch less of an íssue. Council is urged to look at this decision from the perspective that it will strengthen the library's ten other branches by allowing staff to distribute existing resources more equitably within them. Council can remain assured that the remaining ten branches will still provide the high level of service that County residents have come to expect and appreciate. Council can furthermore be assured that staff continually review the operations of each branch and will respond to population and demographic changes in the County accordíngly now and into the future. The recommendation in this case is to close a branch based on current circumstances. However, this is not to say that new opportunities for the library will not arise ín the future for Council's consideration. A good example is the recent announcement of Building Canada funding for a new community centre in Springfield, plans for which include a new and larger space for the library in partnership with the Township of Malahide. Staff will be bringing forward further inforrnation about this project for Council's consideration in the near future. The library's current structure therefore must not be viewed as static and staff can assure Council that the system will remain very strong and dynamic going into the future, Next Steps Should Councíl endorse the recommendation to close the branch, staff recornmend that the following steps be taken: 1. A notice of closure be given to the Municípality of Bayham immediately. The Public Libraríes Acf does not obligate the County to receive Bayham Council's endorsement to close the branch given that it has always been part of the County system since its establishment in 1950 but such endorsement would certainly strengthen the resolve to proceed. 2. Aby-law to close the branch be presented to County Council at the April 14th,2OOg session. This willgive the public approximately one month from the passage of this report to make delegations to County Council and/or Bayham Council on the matter. 3. The branch be closed to the public effective May 1't, 2OOg. Staff estimate that it will then take up to eight weeks to fully disperse the collection and assets in the building. 11 Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 231 of 303 4. The building be formally vacated effective July 1't, 2009 at which time lease payments and staffing hours would cease. CONCLUSION: It should be stressed that this recommendation is in no way a reflection of the excellent services that staff and the Municipality of Bayham have provided the Vienna Library over the years or a reflection of the impoÉance placed upon patrons who use that particular library. Rather, it reflects the reality of a number of contemporary and, in some cases, long-standing challenges facing the County at that particular location. These include low usage over an extended period, proximity to other locations, deterioration of the building and the need to achieve cost savings. RECOMMENDATION: THAT A By-law closing the Vienna branch of the Elgin County Library effective July 1't, 2OOg be prepared for County Council's consideration on April 14'n, 2009; AND THAT notice of closure be provided to the Municipality of Bayham immediately; AND THAT the draft 2009 budget for the Elgin County Library be adjusted accordingly. Director of Community and Cultural Services C h ief Administrative Officer 12 Staff Report C2009-03 regarding Vienna Library Services. Fi... Page 232 of 303 ) CORPORATION OF THE MUNICIPALITY OF BAYHAM STAF'F REPORT TO:Mayor & Members of Council FROM: Administrator SUBJECT: Amendments to Non-Union Personnel Policy DATE: February 5,2009 FILE: H. NUMBER: H2009-04 Purpose This report is to recommend amendments to the current non-union personnel policy to reflect recent changes in the Public Works department organization, and other minor revisions. Background Council recently approved establishing the positions of Manager of Public Works and Public Works Operations Supervisor. Certain amendments are required to reflect this change in staff structure in the non- union personnel policy. In addition, the policy should be amended to reflect changes in legislation regarding mandatory retirement, Council direction regarding 2009 non-union salaries, and the introduction of Family Day. Staff Comments Attached to this report is draft By-law No. 2009-035, to amend the non-union personnel policy. Amendments included are to reflect the new positions/structure within the Public V/orks department, to adopt the 2009 Salary Grid (all rates frozen at Dec 31, 2008 levels), and to provide for the addition of Family Day as a Statutory holiday. Additionally, an amendment to remove a mandatory retirement clause is included to comply with current legislation. Attachments: Draft By-law No. 2009-035 to amend the Non-Union Personnel Policy. Strategic Plan Goal(s): Goal #1 - Practice responsible financial management Goal#4 - Be dedicated to service excellence Recommendation: That By-Law No. 2009-035 to amend the Non-Union Personnel Policy be presented to Council for enactment. Staff Report H2009-04 regarding Amendments to Non-Union Pers... Page 233 of 303 Schedule "A-1'lMunicipality of Bayham Grade Job Title Salary Grid 2009 Point Range Base Rate Step 3 Job Rate 9 8 Administrator 601 - 6s0 40.93 $42.s6 I $44.27 S 46.03 s5l - 600 35.13 36.s4 S 38.00 I S 39.s2 41.09 Collector Wastewater/Water Superintendent Fire Chief/BLE/CEMC Manager 501 - 5s0 31.37 32.63 S 33.93 I S 3s.29 36.69 Public Works CBO/Drainage Superintendent 451 - 500 29.t3 $30.30 I S 3l.s l 32.76 Planning Administrator/Deputy Clerk 401 - 4s0 26.01 $27.0s $28.13 29.25 4 3 2 Public Works Operations Supervisor 351 - 400 22.41 $23.31 $24.24 25.21 Administrative & Accounting Clerk Service Clerk/Administrative Assistant 301 - 350 l8-59 19.33 S 20.10 $20.91 21.74 Service Clerk/Accounts Payable 251 - 300 17.20 17.89 S 18.61 I $19.35 20.12 Service Cl erk/Receptioni st 201 - 250 15.93 16.57 $17.23 I S 17.92 18.63(Cunently p/t contract) Comm. Centre Manager 201 - 250 10,470.2t Notes:Rates are Hourly All positions 1820 hours per year excepting CBO, Wastewater/Water Superintenden! Public Works Manager, and Public Works Operations Supervisor (2080 houn) and CSC/Reception (1040) Cômm. Centre Manager rate annual since hours wo¡ked varies 23 Staff Report H2009-04 regarding Amendments to Non-Union Pers... Page 234 of 303 Municipality of BayhamS taff Org an ization Chart January 2009 Custom€r SeNiæ Clerk/ A@unts Pay¿ble Staff Report H2009-04 regarding Amendments to Non-Union Pers... Page 235 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LA\ü 2009-035 A BY-LAW TO AMEND BY-LAW NO. 2OO2-98, BEING A BY-LA TO ADOPT A NON.IJNION PERSONNEL POLICY WHEREAS the Council of the Municipality of Bayham passed By-Law No. adopt a persorurel policy for non-union employees December 19^,2002; AND WHEREAS the Council of the Corporation of the Municipality of Bayham necessary and expedient to amend byJaw 2002-98, as amended, to reflect stafforganization and amend other provisions. NO\ry THEREFORE THE CORPORATION OX' THE MUNICIP BAYIIAM HEREBY ENACTS AS FOLLOWS: 1. TIIAT subsection 1.1 under the heading "Hours of Work" of the said Personnel Policy be and the same is hereby amended by deleting "Public Works Superintendent" and inserting therefore "Public Works and Public Works Operations Supervisor". THAT subsection 1.9 iv) under the heading "Overtime - Senior Staff' Non-Union Personnel Policy be and the same is hereby amended by therefrom "Public Works Superintendent" and inserting therefore "Publ Manager and Public Works Operations Supervisor". TIIAT subsection 1.11 under the heading "Statutory Holidays" of the Union Personnel Policy be and the same is hereby amended by inserti Day" THAT subsection 2.10 a) under the heading "Miscellaneous - Safety Allowance" of the said Non-Union Personnel Policy be and the same amended by deleting therefrom "Public Works Superintendent" and therefore "Public Works Manager and Public Works Operations Supervi THAT subsection 5.2 under the heading "Retirement" of the said Personnel Policy be and the same is hereby amending by deleting employee shall retire on the last day of the month of such em birthday". THAT Schedule "A-1" of the said Non-Union Personnel Policy be and is hereby repealed, and replaced with Schedule "A-1" aff,rxed hereto part of this bylaw. 7.THAT the Municipality of Bayham StaffOrganization Cha¡t, forming Non-Union Personnel Policy, be and the same is hereby repealed, and with the Organizational Chart affixed hereto and forming part of this 8. AI\D TIIAT this byJaw shall come into full force and effect upon hnal READ A F'IRST, SECOND AI\D THIRD TIME AND FINALLY P 26rH DAY oF MARCH,2oog 1.1 be MAYOR CLERK it to the the said deleting Works Non- "Family lothing hereby ng Union uAn 65th of the replaced 1e same forming Staff Report H2009-04 regarding Amendments to Non-Union Pers... Page 236 of 303 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Harbour Facilities RFP 2009 DATE: March 9,2009 FILE: L04 NUMBER: PR2009-08 Purpose To recommend lease arrangements for the municipal Black Docks, boat launch, and finger docks for the2009 season. Background As members of Council will recall, the Municipality has had an agreement with Mr. Ron Bradfield (Bradcranex) to operate the mentioned facilities for the past number of years. In considering the matter in January 2009, Council directed staff prepare and issue an RFP for operations for 2009. Staff proceeded with an RFP which closed March 9,2009. Staff Comments Only one proposal was received, being from Mr. Ron Bradfield (Bradcranex Inc.), in a total amount of $600. It is therefore suggested that Council again consider arrangements with Bradcranex. Options 1. Enter into agreement with Bradcranex Inc. to operate the facilities again for 2009. 2. Cease operation of the harbour facilities for 2009 Attachments 1. Draft By-law No. 2009-033, to authorize agreement with Ron Bradfield, Bradcranex Inc. Strategic Plan Goal(s): Goal #1 - Practice responsible financial management Goal #3 - Create a positive business atmosphere Goal #6 - Provide and encourage atlraclive lifestyle choices Recommendation THAT By-law No. 2009-033 to authorize an agreement with Ron Bradfield, Bradcranex Inc. to operate the municipal Black Docks, boat launch, and finger docks for 2009 be presented to Council for enactment. Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 237 of 303 THE CORPOR,A,TION OF THE MUNICIPALITY OF' BAYHAM BY-LAW NO. 2009-033 BEING A BY.LA\il TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE MUNICIPALITY AND RONALD BRADFIELD, BRADCRANEX INC. FOR THE LEASE OF LANDS DESCRIBED AS PART OF LOT 11, CONCESSION 1 IN THE MUNICIPALITY OF BAYHAM (FOR]VIERLY VILLAGE OF PORT BURWELL), COI]NTY OF ELGIN AND RENTAL OF THE MUNICIPAL F'INGERDOCKS \ilHEREAS Ronald Bradfreld, Bradcranex Inc. has provided a proposal to lease and operate Municipal facilities known as the Municipal Boat Launch and Black Docks, located in Part of Lot 1 I, Concession 1 in the Municipality of Bayham (formerly Village of Port Burwell) located opposite Part 7 on Plan llR-990, and to rent the municipal owned finger docks, in accordance with the Request for Proposal issued by the Municipality of Bayham; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to enter into such lease agreement. THEREFORE THE COUNCIL OF'THE CORPORATION OF'TIIE MI]NICIPALITY OT'BAYHAM ENACTS AS FOLLOWS: l. THAT the Agreement attached hereto as Schedule "A" and forming part of this ByJaw between the Corporation of the Municipality of Bayham and Ronald Bradfield, Bradcranex Inc. be and same is hereby approved. 2. TIIAT the Mayor and Clerk be hereby authorized to execute the attached agreement marked as Schedule "4" on behalf of the Corporation. READ A FIRST AND SECOND TIME this 26th day of March 2009. READ A THIRD TIME AND FINALLY PASSED this 26th day of March,2009. MAYOR CLERK Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 238 of 303 THIS LEASE AGREEMENT made in triplicate this - day of BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (Hereinafter called the "Municipality") OF THE FIRST PART And RONALD BRADFIELD, BRADCRANEX INC. (Hereinafter called the "Lessee") OF THE SECOND PART IN CONSIDERATION of the mutual covenants in this Lease agreement the parties agree as follows: 1.01 Terms Defined In this Agreement: "Leased Premises" means the lands described in Schedule "B", including the area described as the black dock, boat launch, parking for boats and trailers forming part of this agreement and finger docks. 2.01 Term The Lessee shall have the right to use the leased premises for and during the term, which shall be for the period May l, 2009 to and including September 30,2009. 3.01 Payment The Lessee will pay to the Corporatíon of the Municipality of Bayham a total lease fee in the amount of $600.00 on or before September 30,2009. 4.01 The Lessee Covenants with the Municipality as follows: Ð To use the Leased Premises for the purpose of renting out boat slips and launching of boats along with the sale of gas, confections only and other products associated with the use of the leased premises (does not include mobile food booths selling hotdogs, french fries and similar foodstuffs). iD To pay the lease fee without demand. iiÐ To obtain all necessa¡y approvals from the Coast Guard and any other authority with respect to the placement of the finger docks; maintain in good repair the Municipality's docks and to retum those docks to the municipality at the end of the term, in the same condition as the lessee received them. Place and remove the docks with a crane in order to ensure minimal damage. Should any dock(s) become damaged beyond repair, or lost, when in the possession and use of the Lessee, howsoever caused, the Lessee agrees to replace such dock(s) to the Municipality's satisfaction or to pay to the Municipality a sum of money as compensation, which sum shall be the replacement cost of the dock(s) as determined at the sole discretion of the Municipality. Upon the removal of the docks they are to be placed and stored in a location and manner satisfactory to the Municipality. i r) To be responsible for the rental of space to Charter Boats utilizing the Black Dock for the 2009 season and to ensure that only paid boaters are permitted to utilize the Black Dock. v) To acknowledge that all facilities are being leased on an "as is" basis and that no improvements will be made by the Municipality. Further, that the Lessee agrees to have all boaters either launching from the municipal boat launch, utilizing the finger docks or the Black Dock sign a waiver form to be supplied by the Municipality. Said waiver form shall release the Lessee, the Municipality and the owner of the said lands from all claims resulting from injury or damage caused while using the said facilities. The Lessee shall keep the original executed waiver forms to be submitted to the Municipality at the end of the term of the Lease. Any boater utilizing the facility (ies) on more than one occasion is only required to the sign the waiver form once for the season. 2009 Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 239 of 303 vi) Worþlace Safety & Insurance Board If the nature of the Lessee's operation is such as to place all or any of its employees under the coverage of the Worþlace Safety Insurance or similar statutes, the Lessee also will keep in force, at its expense, during the term, V/orþlace Safety Insurance o¡ similar insurance affording statutory coverage and containing statutory limits. 5.01 fnsurancePolicies Each insurance policy referred to herein will: a) name the Municipality and any persons, firms or corporations designated by the Municipality as additional named insureds as their interest may appear; and provide to the Municipality proof of liability insurance in the amount of $1,000,000.00 (one million dollars); and, b) contain, if available and as appropnale, a waiver of rights of subrogation against the Municipality and the Lessee, or a crossliability clause protecting the Municipalþ and other insureds designated by it against claims as if the Municipality were separately ínsured; and, c) contain a clause that the insurer will not cancel or change or refuse to renew the insurance without first giving the Municipality thirty (30) days prior written notice; and d) all policies of insurance will be with insurers acceptable to the Municipality and in a form satisfactory to the Municipality, and the Lessee will see that there is delivered to the Municipality copies of certificates of the policies. If the Lessee fails to take out or keep in force any policy of insurance referred to herein, the Municipality may do so and pay the premiums, and in that event the amount so paid as premiums plus ten percent (10%) for overhead shall be due and payable as Rent in arrears; and, e) all policies will be kept in force throughout the term and during such other time as the Lessee occupies the Leased Premises or any part thereof. 6.01 Indemnification of the Municipality The Lessee agrees to indemnifi the Municipality and save it harmless from and against any and all claíms, actions, damages, liability and expenses in cormection with loss of life, personal injury or damage to property arising from any occurrence on the Leased Premises or the occupancy or use of the Leased Premises or occasioned wholly or in part by an act or omission of the Lessee, its officers, employees, agents, customers, contractors or other invitees, lessees or concessionaires or by anyone permitted by the Lessee to be on the premises. In case the Municipality, without actual (as opposed to merely vicarious) fault on its part, is made a party to litigation begun by or against the Lessee, excepting a bona fide action by the Lessee against the Municipality, the Lessee will protect and hold the Municipality harmless and will pay all costs, expenses and reasonable legal fees incurred or paid by the Municipality in connection with the litigation. 7.01 Nuisance and Garbage The Lessee agrees not to cause, pennit or suffer any unusual or objectionable noises or odors to emanate from the Leased Premises. The Lessee shall deposit all garbage, debris, trash and refuse from the areas in approved containers as designated by the Municipality. Garbage, debris, trash and refuse disposal shall be the responsibility of the lessee. If garbage, debris, trash a¡rd refuse is not disposed of in a timely fashion, it shall be picked up by the municipal authorities at the expense of the Lessee, af a ru|e of $100.00 per occutÏence. 8.01 Costs The Lessee agrees to pay to the Municipality all costs incurred including all legal fees (on a solicitor and his own client basis) and disbursements incurred in enforcing any covenants contained in this Lease or in the event that the Lessee fails to perform its obligations and the Municipality assumed those obligations pursuant to the terms of this agreement, or with respect to any other litigation arising from this agreement. Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 240 of 303 9.01 Compliance with Legislation The Lessee agrees to observe and fulfrl the lauûrl provisions and requirements of all statutes, by-laws rules and regulations, municipal, provincial or federal, relating to the Leased Premises, and, in particular and, without limiting the generality of the foregoing, shall maintain all equipment and apparatus now installed or required to be installed from time to time by any authority on the Leased Premises. 10.01 Operating and Managing Leased Premises The Lessee agrees to be responsible for operating and managing the Leased Premises including providing health facilities (portable toilets) as required, repairs to existing ramps and docks as required, keep the area clean and clear ofgarbage including disposal thereof. 11.01 The Municipatity covenants with the Lessee as follows: i) To permit the Lessee to use the docks owned by the Municipality, for the purpose ofrenting out dockíng spaces to boat users; iÐ To permit the Lessee to charge and collect fees for boat docking and boat launching, as the Lessee shall determine in its discretion; iiÐ To permit the Lessee to manage and operate the Leased Premises as they see fit, so long as the Lessee is in compliance with the terms of this agreement and all applicable laws. 12.01 The Municipality and Lessee mutually âgree as follorvs: i) Re-entry That the Municipality has a right of re-entry on non-payment of lease fee or non- performance ofcovenants, subject to the provisions ofthis Lease. ii) X'ailure to Pay Lessee Fee or Observe Covenants If the Lessee fails to pay any installment of the licence fee or additional Lease fees payable herein then the Lease granted shall be terminated and the rights hereby granted to the Lessee hereunder shall thereupon immediately cease and expire. iiÐ Right of Entry to Perform Covenants That if the Lessee shall default in the performance of any covenant in this Lease other than the payment of the lease fee, and if such default shall continue for ten (10) days after written notice thereof to the Lessee, the Municipality may perform that covenant on the Lessee's behalf and may enter the Leased Premises for that purpose, and the Municipality shall not be liable to the Lessee for any loss or damage to the Lessee's property or business caused by so doing. iv)Signs That the Lessee shall have the right to place a sign or signs setting out the name and business of the Lessee, provided that it shall hrst have obtained the Municipality's consent in writing, such consent not to be unreasonably withheld, as to the specifications and location therefore, and provided the sign or signs conform to all municipal regulations and by-laws. 13.01 The Municipality and Lessee mutually agree as follows: (continued) v) No Waiver That the waiver by the Municipalþ or the Lessee of a breach of a term, covenant or condition of this Lease will not be considered to be a waiver of a subsequent breach of the term, covenant or condition or of another term, covenant or condition. The subsequent acceptance of lease fees by the Municipality will not be considered to be a waiver of a preceding breach by the Lessee of a term, covenant or condition of this Lease, and regardless of the Municipality's knowledge ofthe preceding breach, it will not be considered to have been waived by the Municipality or by the Lessee unless the waiver is in writing signed by the Municipality or by the Lessee, as the case may be. Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 241 of 303 vi) Assignment The Lessee may not sublet or assign or transfer its interest in this Lease without securing the written consent of the Municipality, which consent may not be unreasonably and arbitrarily refused by the Municipality. vii) 'Notice That all notices which it may be necessary or proper for either party to serve upon the other shall be effectively served if sent postage prepaid to the following addresses, or alternatively, served personally: LESSEE'S ADDRESS Ronald BrødJield B¡ødc¡ønex Inc. P.O. Box 59 Porl Burwell, Ontario NQJ lT0 MUNICIPALITY'S ADDRESS Municipality of Bøyham PO Box 160, 9344 Plank Rd Stralfordvìlle ON N0I 1Y0 All notices so mailed shall be deemed to have been received on the third business day after mailing provided that each party may from time to time specif, in writing a new address to which any such notice shall thereafter and until further notice be sent. In Witness Whereof the parties hereto have hereunto set their hands and seals. CORPORATION OF THE MUNICIPALITY OF BAYHAM MAYOR Date CLERK Date BRADCRANEX INC. Ronald Bradfield Date: Witness Staff Report PR2009-08 regarding Harbour Facilities RFP 2009... Page 242 of 303 ? MUNICIPALITYOF BAYHAM MEMORANDUM DATE: MARCH 18,2009 TO: Council RE: Resolution of Council - 106 FROM: G. LEMAY MEMORANDUM: PW2009-01 It,; , Purpose Council has discussed the request dated March 2,2009 from Ray Talbot to place a sidewalk or walkway for pedestrians down Vienna Hill. Staff Comments The County of Elgin has plans in their Long Range work to pave the shoulders of Plank Road which will allow drivers to use this as atr areato pull over when answering a cell call or for other emergencies. If the shoulders are paved this would allow for the water to escape from the roadway much quicker. In having the County place the paved shoulders this would save the Municipality money and we do not invite pedestrians to walk along side the road as the paved shoulder is for vehicles to pull over. The motorists will simply have to watch for pedestrians walking on the paved shoulder when motorist pull over. One concern may be the means in which we deliver a service as due to urban sprawl we are now be requested to place sidewalks beyond the Village Limits. This may be a financial burden to the Municipality in the future if we are asked to place sidewalks through out the Municipality. I am also concerned with the legal issue of placing a sidewalk that close to a steep grade as is evident on the Vienna hill. Recommendation: THAT Staff Memorandum C2009-01 be received." Respectfully submitted Manager Public Works Staff Memorandum PW2009-01 regarding Resolution of Council -... Page 243 of 303 MUNICIPALITY OF BAYHAM RESOLUTION OF COTJNCIL Date: 05 Mar 2009 -,Òþ SECoNDED BY: ItU, e0) I'THÄT correspondence dated March 2,2009 from Ray Talbot requesting Council consider a sidewalk or walkway for MOVED BY: CARRIED: pedestrians down VÍenna Hill be referred to buCgetdiscusdens." Sf"// øt_/ ¿.t,,.¡^n-J . , Ø /) Þ"%:Z- DEFEATED: MAYOR Staff Memorandum PW2009-01 regarding Resolution of Council -... Page 244 of 303 _ __Jlrvrfl S ) .t':) .1i,,:! -. t.,, i..ií.' \.i.--,: lt''--. tr tLI i Staff Memorandum PW2009-01 regarding Resolution of Council -... Page 245 of 303 Page 246 of 303 Page 1 of 1 1 Brenda Gibbons From: Meredith Goodwin [mgoodwin@elgin-county.on.ca] Sent: Wednesday, March 18, 2009 9:08 AM To: Brenda Gibbons Subject: Public Meeting -.r. .,t Good morning, The County of Elgin is hosting a public meet¡ng on April I,2009 for the res¡dents adjacent to County RD 45 and other interested parties. This summer the County is planning on rehabilitating Calton Line from Richmond Road to Plank Road. For those interested in attending the meeting will be held from 3:30-5:30 p.m. & 7:00-9:00 p.m. I have attached the letter that will be sent to residents. We are requesting that Bayham Council wave the fees of the Community Centre for this event. Thanks and we appreciate your assistance, Meredith Goodwin, cE.r. Engineering Technolo gist The County of Elgin (519) 631-1460 ex. 4 fffir' El$tn{.otr r rt }'¡!r4¡êsd øÀatfr This email may contain confidential information. lf you are not one of the intended recipients, if you receive this email or if it isÎorwarded to you without the express authorization of The County of Elgin, please destroy this email and contact us immediately. ^¡'! etease consider the env¡ronment before printing this e'mail 3t18/2009 Email correspondence dated March 18, 2009 from County of Elg... Page 247 of 303 Public lnformation Meeting Rehabilitation of Galton Line - 2009 Wednesday, Aprit l't, 2009 Bayham Community Centre 56169 Heritage Line, Straffordville (3:30-5:30 p.m.& 7:00-9:00 p.m.) Dear Local Resident, The County of Elgin is pleased to announce that the rehabilitation of Calton Line (County Road #45) between Richmond Road and Plank Road (being a total of approximately 7 kilometers) will be completed in 2009. The project will utilize funds from the Federal and Provincial Governments and the County of Elgin through the Building Canada Fund. Construction on Calton Line is planned to commence in the summer of 2009 and conclude in the fall of 2009. You have been circulated this notice because you reside adjacent to Calton Line and the County of Elgin plans to rehabílitate this roadway during this construction season. This notice is your formal invitation to attend our Public lnformation Meeting to be held on Wednesday, April 1"t, 2009, at the Bayham Community Gentre in Stratfordville, between 3:30-5:30 p.m. and between 7:00-9:00 p.m. Your attendance at this information meeting is not mandatory; however the Public Information Meeting is an opportunity for those residents who have specific questions or concerns regarding the proposed construction to discuss those issues with representatives responsible for designing and administering this project. The Public lnformation Meeting is also intended for any individual who simply wants to know more about the proposed rehabilitation of Calton Line. Email correspondence dated March 18, 2009 from County of Elg... Page 248 of 303 Within this correspondence we have provided some frequently asked questions and answers related to this project. Also included is a formal question or comment sheet. We would encourage those who cannot attend the public information meeting and have specific questions or comments to fill in and return the sheet in the self addressed stamped envelope provided so that we may respond to your queries. As with any construction project, minor delays and inconveniences will occur. The County's objective is to address concerns and minimize inconveniences for users of Calton Line and adjacent residents. Project Drawings will be available to view at the Public lnformation Meeting and available to view during business hours following the meeting at the County of Elgin Administration Building located at 450 Sunset Drive, in St.Thomas. Thank you for your interest and support in this project. Yours truly, Clayton Watters, P.Eng. Director of Engineering Seruices County of Elgin West Project Limits Richmond Road Email correspondence dated March 18, 2009 from County of Elg... Page 249 of 303 Frequently Asked Questions 1. What are you specifically doing to Calton Line? Existing drainage (pipes and catch basins) will be replaced with either pipes or ditches. Culvefts under the road surface will be repaired. Curb and gutter will be installed in some areas. The road surface will be widened and paved shoulders will be installed in locations for drainage purposes. 2. What can I expect during construction? As with all construction projects, minor delays and inconveniences should be expected, the roadway could be constricted to one lane of traffic to accommodate construction activities. These areas will be controlled by traffic control personnel or portable traffic signals. 3. What about weekends? Construction activities will not normally occur during weekends or holidays. 4. What are you doing in front of my property? Most drainage infrastructure will be replaced as part of this project. This may result in excavations in front of your residence on County property and may also include the portion of your driveway residing on County propedy. Hard surface driveways will be resurfaced with hot mix asphalt and loose surfaces will be resurfaced with granular'A' gravel. Outside of the hamlets the County typically ínstalls a 12m long culvert pipe under the driveway. lt is always the County's preference to have a roadside ditch instead of a piped lawn area. The County will install ditches in all locations where a ditch can be constructed. Existing conditions or utilities may not allow a ditch to be constructed and pipes may therefore be installed. lt remains the County's sole discretion as to how the road property is constructed. 5. What can we expect in terms of water/ hydro disruption- how long & when? Minor inconveniences if any are expected. Attempts will be made to notify residents prior to any disruption of service. Email correspondence dated March 18, 2009 from County of Elg... Page 250 of 303 6.Will access to our driveway be disrupted for any length of time? Access to most driveways will be disrupted for short periods of time to accommodate various roadwork and utility construction. ln most cases, access may be disrupted but will be maintained to properties. Full access will be provided every evening and on weekends. What about frees that are located on the road property? Although Trees are an integral paft of our ecological systems, they can cause visibility, drifting and shading issues and present potential dangers to drivers if located within the road allowance. Trees on County road property will be removed prior to construction and specific tree removals will be shown on the drawings at the Public lnformation Meeting. Email correspondence dated March 18, 2009 from County of Elg... Page 251 of 303 County of Elgin Calton Line Rehabilitation Question / Gomment Sheet lf you have specific questions or comments regarding the County of Elgin's plans to rehabilitate Calton Line during 2009, please fill in and return this sheet in the envelope provided. County Staff will have an opportunity to research the issues and provide a response during the Public Information Meeting (PlM) on Wednesday April 1't, 2009. lf you are unable to attend the PIM and wish to receive a written reply, please indicate so. Name: Address: Phone Number: Question(s) / Comment(s): (Please use back of sheet or additional pages if required) Email correspondence dated March 18, 2009 from County of Elg... Page 252 of 303 1 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Telus Banking Agreement DATE: March 12,2009 FILE: F04 NUMBERz F2009-16 Background Telus now provides electronic bill payment processing services to many Canadian financial institutions. Telus collects bill payment data and directs payments and payment information to the various goods and services providers including the municipality. Discussion Telus, as the new provider of electronic bill payment services, requires an agreement with the municipality to be able to continue collecting and processing our bill payment data. The agreement is a standard agreement being required from all service providers and is at no charge to the municipality. Recommendation That by-law 2009-036 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Telus Cash Management Solutions GP for the provision of electronic bill payment services. Respectfully submitted,Reviewed by, Dieleman Mantel, TreasurerSuzanna Staff Report F2009-16 regarding Telus Banking Agreement. Fi... Page 253 of 303 CORPORATION OF THE MTJNICIPALITY OF' BAYHAM BY-LAW NO. 2009-036 A BY-LA\il TO AUTHORIZF.TH.E EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND TELUS CASH MANAGEMENT SOLUTIONS GP ¡ilHEREAS Ihe Municipal Act, 2001authorizes the Municipality of Bayham to enter into agreements for the purposes of governing its' operations; AND WHEREAS Telus Cash Management Solutions GP provides electronic bill payment services to the Municipality of Bayham including the collection of payment data and distribution of such data and the related payments; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary and expedient to enter into an agreement with Telus Cash Management Solutions GP; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement, attached hereto as Schedule "A" and forming part of this byJaw, between Telus Cash Management Solutions GP and the Municipality of Bayham; 2, THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND F'INALLY PASSED THIS 26th DAY OF MARCH 2009. MAYOR CLERK Staff Report F2009-16 regarding Telus Banking Agreement. Fi... Page 254 of 303 ? CORPORATION OF THE MUNICIPALITY OF BAYTIAM STAFF REPORT TO: Mayor & Members of Council FROM: Suzanna Dieleman Mantel, Treasurer SUBJECT: Tax Review Agreement DATE: March 13,2009 FILE: F04 NUMBERI F2009-17 Background Comments Our office has been contacted by R&T Tax Management Inc. to discuss the possibility of reviewing the municipality's accounts for potential tax rebates overlooked by staff. This service is based on a percentage of costs recovered. Therefore, if no further rebates are discovered, then no costs will be charged to the municipality. A similar review is performed every couple of years and usually results in a recovery of taxes. The R&T Tax Management Inc. has submitted an agreement for your review. Strategic Plan Goal: Goal #1 - Practice responsible financial management Recommendation: That byJaw 2009-037 being a by-law to authorize the execution of an agreement between the Municipality of Bayham and R&T Tax Management Inc. for the provision of tax review services. Respectfully submitted,Reviewed by, II/ Suzanna Dieleman Mantel, Treasurer Staff Report F2009-17 regarding Tax Review Agreement. File:... Page 255 of 303 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-037 A BY-LAW TO AUTHORIZE THE EXECUTION OF' AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM ANI) R&T TAXMANAGEMENT INC FOR THE PROVISION OF GST AND PST REVIEW AND RECOVERY WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for a review of the GST and PST paid and recove¡ed 1o be performed on behalf of the Municipality; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham hereby accepts the proposal by the R&T Tax Management Inc.; THEREF'ORE THE COUNCIL OF THE CORPORATION OF'THE MIJNICIPALITY OF BAYHAM ENACTS AS F'OLLO\ilS: 1. THAT the Mayor and Clerk be a¡rd are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this byJaw between R&T Tax Management Inc. and the Municipality of Bayham for the provision of a review of the GST and PST paid and recovered. 2. THAT this bylaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF MARCH 2009. MAYOR CLERK Staff Report F2009-17 regarding Tax Review Agreement. File:... Page 256 of 303 /Ò 2OO8 ANNUAL SUMMARY REPORT FOR MTJNICIPAL \ryATER SYSTEMS Report This report is a summary of water qualrty information for the Bayham Water Distribution System, WaterWorks # 260004748, published in accordance with Schedule 22 of the Ontario's Drinking Water Systems Regulation for the reporting period of January l, 2008 to December 31, 2008. The Bayham Water Distribution System is categorized as a Class I,Large Municipal Residential Drinking Water System. Who gets å copy of the Report: The owner of the drinking - water system shall ensure that the following receive the summary report no later than March 31 for the preceding calendar year; . in the case of a drinking water system owned by a municipality, the members of the Municipal Council; . in the case of a drinking water system owned by a municipal service board established under section 195 of the Municipal Act,2O0l, the members of the municipal service board; or . in the case of a drinking water system owned by a corporation, the board of directors of the corporation. What must the Report contain? The report must (a) list the requirements ofthe Act, the regulations, the system's approval and any order that the system failed to meet at any time during the period covered by the report and speciff the duration ofthe failure; and (b) for each failure referred to in clause (a), descríbe the measures that were taken to correct the failure. 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 257 of 303 The Bayham Water Distribution System complied with the following Drinking Water Legislation; . Safe Drinking Water Act o Q. Reg 170i03, O. Reg 728104 o System Certificate of Approval # 1788-5SHLD5 . Provincial Officer's Order # (N/A ) What else must the report contain? The report must also include the following information for the pu{poses of enabling the o\¡ñ1er of the system to assess the capability of the system to meet existing and planned uses of the system: ' A summary ofthe quantities and flow rates of the water supplied during the period covered by the report; ¡ A comParison of the sunmary referred to in paragraph I to the rated capacity and flow rates approved in the system's approval. Attachments o 2008 flows o O. Reg 170/03 Annual Report Part III, Form 2 Report Prepared by;AW Ed Roloson Water/Wastewater Superintendent Overall Responsible Operator ( ORO ) 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 258 of 303 MUNICIPALITY OF BAYHAM MONTHLY WATER CONSUMPTION (m3) 2008 Pt.Burwell 6655 avg,daily 214.68 Vienna 895 avg. daily 28.87 Lake View 11812 avg. daily 38'1 2007 Pt.Burwell 8640 avg,daily 278.71 Vienna 8185 avg. daily 264 Lake View 20941 avg. daily 675.52 2006 Pt.Burwell 8060 avg,daily 260 Vienna 4285 avg. daily 138.23 Lake View 13965 avg. daily 450.48 s275 8290 181.9 267,42 281s 3885 97.07 125,32 10985 12634 378.79 407,55 7435 7750 265.54 250 1940 22gO 69.28 73.87 12978 13797 463.5 445.1 7195 8200 256.96 264,52 3870 4340 138.21 140 13844 14124 494.43 455.61 8660 r0490 288.ı7 338.38 4525 4930 150.83 159.03 r3848 r6494 461.6 532.06 7190 9585 239.67 309.19 1915 3075 63.83 99.19 13204 16109 440.13 519.64 7565 r0375 252.17 334.68 4815 7250 160.5 233.88 13954 19480 465.13 628.38 10675 13750 355.83 443.55 4500 5680 150 183.22 15738 19902 524.6 642 12200 12690 406.67 409.35 5090 4255 169.67 137.25 19816 19287 660.53 622.16 9200 9205 306.67 296.94 5935 5475 197.83 176.61 16876 16560 562.53 534.19 14735 ,l0320 475.32 344 5800 4560 187.1 152 20965 15494 676.29 516.47 13160 8155 424.52 271.83 400s 2630 12s.1s 87.67 19916 13602 642.45 438.77 {5365 6625 495.64 220.83 9055 5090292j 169.67 27',166 13140 876.32 438 10300 7915 392.26 263.834565 4040 147.26 134.67 15562 12606 502 420.2 8824 7211 284.64 24t.371675 780 50.81 26 15214 13163 490.77 438.77 8390 6945 270.65 231.57010 6305226j3 210.17 17185 14773 554.35 492.43 10390 117455 335.16 4685 50880 151 .13 15311 181351 493.9 6685 r09525 215.65 715 36455 23.1 11568 189595 373.16 7420 10454s 239.35 8235 71665 265.64 17301 198368 558.1 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 259 of 303 ,t \!_'tñOntafiO Drinkins-water systems Resutation o. Res. 17oto3 OPTIONAL ANNUAL REPORT TEMPLATE Drinking-Water System Number: Drinkin g-Water Sysfem Nam e: Drinking-Water System Owner: Drinking-W ater System CategorT: Period being reported: 260004748 B avham Di sJribufi on Sysf em The Corporation of the MunicipaliW of Bavham 'WD Large Municipal Residential 2008 Comolele ìf vour Cstesorv is Lurse MuniciBal Resiilential or Small Municinal Residential Does your Drinking-Iilater System ser-r¿e more than 10,000 people? Yes [ ] No I x ] Is your annual report available to the public at no charge on a web site on the Internet? Yes[xl No[ ] Location where Summary Report required under O. Reg. l70l03 Schedule 22 will be available for inspection. 1 Chatham St. Port Burwell, Ont. NOJ I.TO Complete for all other Catesortes. Number of Designa ted F acilities serwed : N/A Did you provide å copy of your annual report to all Designated Facilities you serve? YesI I No[ I Number of Interested ,A.uthorities you repoÉ to: Did you provide a copy of your annual report to ail fnterested Authorities you report to for each Designated Facility? Yes[ ] No[ ] Note: For the following tables below, additional rows or columns may be added oÍ an ix may be attached to the re List all Drinking-Water Systems (if any), which receive all of their drinking water from tem Drinkins'Water Svstem Name Drinkins'Water Svstem Number N/A Did you provide t copy of your annual report to allDrinking-'Wafer System owners fhat are connected to you and to whom you provide all of its drinking water? YesI lNoI I o^ït \'.lq Iîl:l.fïl :# s Re guratio n s Page 1 of5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 260 of 303 .i'L'tÈOntafiO Drinking-water systems Resutation o. Reg. 1totog Indicate how you notified system users that your annual reporf is available, and is free of charge. [ ] Public access/notice via the web x ] Public access/notice via Government Offrce I Public access/notice via a newspaper x I Public access/notice via Public Request I Public access/notice via a Public Library x ] Public access/notice via other method water bills List all water treatment chemicals used over this Were any significant expenses incurred to? [x ] Install required equipment [x ] Repair required equipment I x ] Replace required equipment Please p!'ovide a brief description and a breakdown of monetary expenses incurred Operational and capital costs related to system leaks, breaks, fire hydrant repairs/replacemenf, main valve replacement,water meter and backflow preventer repairs are all part ofthe annual budget process ( $38,500 ) Drinking'Water Systems Regulations /DlÞQ _l.t 2<ôrrl\ E¿k,.,^,r. )ôña Describe your Drinking-Water System The Bayham water distribution system consists of various size transmission mains and apparatuses including 81 fire hydrants, 100 main valyes and 3 air release and 3 drain chambers. The location of these are mainly located in the villages of Port Bur"well and Vienna. The estimated service population is less than 2000 with 765 fully metered service connections. A booster pump station is located on the transmission main to Vienna. This pump operates when the pressure drops to activate the pump which would normally occur during fire flows or main line flushing. No chemicals used as this report is for a distribution system that receives treated water. Page 2 of 5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 261 of 303 ÞOrrtario Drinkins-warer systems Resutation o. Res. 17oto3 Provide details on the notices submitted in accordance with subsection 18(1) of the Safe Drinking-Water Äct or section 16-4 of Schedule 16 of O.Reg.l70l03 and reported to Operational testing done under Schedule 7, 8 or 9 of Regulation 170/03 during the covered bv this Annua Number of Grab S¡mnles Range of Resulús (min#)-(max#) Turbidity Chlorine 730 0.20 - l.4I (freel Fluor{de (If the DV/S provides fluoridation) NOTE: Record the urit of nteavrre if it is not milligrants per litre. uirement of an order or other instrument. Ì*t Y lq .l3l:l.fJ.:lîfl s Re guratio ns C NOTE: For continuot.ts ntonitors use 8760 as the mtmber of s-arnples. S Action Centre Incidenl Date Parameter Result Unit of Measure Ct¡necth'e Äcfion CorrectÍve Action Date April2l, 08 lead 15 ug/L Resample site and upstream * downstream April30, 2008 Microbiological testing done under the Schedule 10, ll or 12 of Regulation 170i03, du this Number of Samples Range of E.Coli Or X'ecal Results (minÐ-(maxÐ Range of Total Coliform Results (min Ð-(max Ð Number of HPC Samples Range of HPC Results (min Ð-(ma¡ #) Raw Treated Distribution 156 0 0 156 <10 - 140 Sumrnary of additional testing and sampling carried out in accordance with the Date of legal instrument issued UnÍt of Measure Page 3 of 5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 262 of 303 ,f'v--L->rf¡r OntafiO or¡ntins-water systems Regulation o. Reg. 17oto3 recent sam results *onb'for drinking rvater s1'stems testing under Schedule 15.2; this includes large muncipal non- residential systems, small municipal non¡'esidential s1.stems, non-municipal seasonal residential s¡.sterns, large non-municipal non-residsntial s¡-slems, and small non-municþal non-residerilial s1'stems Summary of lead testing under Schedule 15.1 during this reporting period (applicable to the following drìnking rvater sl.stems; large municipal residential systems, small recent sam results Drinking'Water Systems Regulations /'DTÞC ,l,l 1iÃlll\ EôLûr^ñ: 1ôna Summary of Inorganic parameters tested during this reporting period or the most residential and non-munici -round resldentral st stems Location Type Number of Samples Range oflead Results lmin#l - lmax #l Number of Exceedances Plumbine 48 I\D - 2.24 0 Distribution I ND- 15 I Summary of Organic parâmeters sampled during this reporting period or the most Atrazine + N-dealkylated metobolites Page 4 of 5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 263 of 303 Benzene Benzo(a)pyrene Bromoxynil Carbaryl Carbofuran Carbon Tetrachlodile Chlordane (Total) Chlorlyriftrs Cyanazine Diazinon Dicamba 1r2-Dicblorobenzene 114-Dichlorobenzene Dichlorodiphenyltrichloroethane (DDT) + metabolites 1,2-Dichloroethane 1,1-Dichloroethylene lvinvlidene chloride) Dichlorrmethane 2-4 Dichlorophenol 2,4-Dichlorophenoxy acefic acid Q,4-D) Diclofop-metþl Dimethoate Dinoseb Diquat Diuron Glyphosate Heptachlor + Heptachìor EpoxÍde Lindane (Totat) Malathion Methoxychlor Metolachlor Metribuzin Monochlorobenzene Paraqual Parathiol Pentachlorophenol Phorate Picloram Polychlorín ated Biphenyls(PcB) Prometryre Simazine THM (NOTE: show latest annual average) April 14,2008 0.0369 mglL Temephos ,l 'L'tÈOntafiO Drinkins-water systems Resulation o. Res. 17oto3 Drinking Water Systems Regulations /DrÞe ,.1 ¡ 1<^^r\ D^L.-,^.-- 1^ôa Page 5 of 5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 264 of 303 Drg-'tÈOntario Drinkins-water sysrems Resurarion o. Res. 17oto3 Terbufils Tetrachloroethylene 213 r.lr6-Tetrachlorophenol Tdallate Trichloroethylene 2,4,6-Trichlorophenol 2,4"5-Trichlorophenoxy acetic acid (21,5-T) Trifluralin Vinyl Chlorìde List any Inorganic or Organic parameter(s) that exceeded half the standard prescribed in Schedule2 of Onhrio Drinkins Water alitv Standards. Drinking Water Systems Regulations /.DIÞC ,l,l 2i^11.1I D¿h-'¡'-' lñôa Page 6 of5 2008 Annual Summary Report for Municipal Water Systems. Fil... Page 265 of 303 Page 266 of 303 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Vy'aste Management Services DATE: March 11,2009 FILE:E(r"1 rl \L NUMBERzE2009-04 Purpose This report is to recommend extending arrangements for'Waste Management Services. Background The Municipality currently contracts with Norfolk Disposal for waste and recycling collection and disposal services. The original contracts were for a five-year term that expired May 2006.In February 2006, Council approved a two-year renewal after receiving confirmation that the pricing remained competitive with other providers, and subsequently extended again in Novemb er 2007 to June I , 2009 . The tender call undertaken in 2001 was broken down into the following service areas: o Disposal o Collection of Residential V/aste o Collection of Commercial Waste o Collection from Bulk Bins (Waste) o Collection and Disposal of Recyclables (Weekly or Biweekly) o Collection and Disposal of Compostables The tender allowed for submission of bids for any one or combination of these services, which could be awarded separately, or provide for a credit amount if all or a combination of services were awarded. Bids were received in all service areas. The Municipality awarded the waste and recycling contracts separately, to take advantage of the lowest tenders for each. It should be noted that the tender for recycling collection was the lowest based on a weekly collection. Bi-weekly collection \ryas a less expensive option, but it was determined at that time that this would equate to a service level reduction. Compostable collection was not undertaken due to the signif,rcant costs involved. In addition to costs, service levels were a consideration Council also undertook in awarding the contracts. The following are some such issues considered in 2001: Bag Limits All bids for waste collection incorporated bag limits in their proposals, generally at a limit of 2 per pickup for residential service, and 5 per pickup for commercial. Norfolk Disposal indicated that the limit for residential waste could be increased to 4 bags without additional fees. Only one firm provided a bid based on unlimited pickup. Compostable Material Only one firm provided pricing for separate compostables collection. The additional annual cost at 2001 for this service was at minimum $104,000 (for bi-weekly collection). Staff Report E2009-04 regarding Waste Management Services. ... Page 267 of 303 Report 82009-04 -2- Service Delivery All tenders provided for collection services to residential, multi-residential, church, and commercial units. Industrial uses are not serviced. LeaflYard Waste The current contractors advised they would accept such waste (if properly bagged), however bag limits will obviously impact on this service. Construction Material/Large Items These items were not included for curbside collection. The Municipality has offered collection at an annual Large ltemÆIousehold Hazardous Waste Day for the past several years. User Pay System Two bidders, including the current contractor, indicated some flexibility in providing for varying arrangements in subsequent years to provide for some form of user pay system (i.e.: bag tags). Staff Comments Discussions on various waste management issues have been on-going with area municipalities over the last several years. At issue currently with this service, besides the contract expiry, is the establishment of an agreement with the City of Toronto regarding access and fees for the former Greenlane Landfill site, and ongoing efforts across the County and with the City of London to establish a new municipal recycling facility (MRF). Both of these are unresolved at this time. Additionally, the possible co-operation of Elgin municipalities for joint tendering of waste management services remains open. In regard to the former Greenlane Landfill, efforts coordinated with the County of Elgin to acquire a standard Waste Disposal agreement with the City of Toronto appear to be nearing completion. It is expected that this agreement will be ready for Council consideration during 2009. Also in progress is the potential establishment of a regional MRF to serve the City of London and surrounding areas. The regional effort has been very successful in obtaining funding through Stewardship Ontario for planning and capital costs. Though hnal details are not yet established. RFP's have already been issued, and construction may commence as early as fall 2009. A minimum of one year for construction is anticipated. In order to potentially benefit from these initiatives and to allow for the possibility ofjoint tenders and contracts, several area municipalities are arcanging for a June lst,2011 expiry of contracts where possible. Staff therefore have obtained a proposal from our current service provider for a further two year contract extension. Pricing received does incorporate some additional fees as follows: Disposal of V/aste - increase to $67 per tonne (from $62.59)'Waste Collection - no change Recycling Collection - no change Recycle Processing - new fee $10 per tonne Bulk Collection Bins - 6 yd $50 per lift (from $46.73) and 40 yd $145 per lift (from 5134.12) Using 2008 collection experience, the additional annual cost (effective June 2009) would equal approximately $1 1,500. Staff Report E2009-04 regarding Waste Management Services. ... Page 268 of 303 Report 82009-04 -3- As a general comment, the adjustment to recycling costs may not be surprising. Information available indicates that average return on recyclable goods on the open market has declined from a historical average of$1 10 per tonne to current rates of$50 per tonne. As an additional consideration, discussions have been held with the current contractor regarding moving to bi-weekly recycling collection. The contractor advises that unfortunately, no significant savings would be achieved given the current areas of collection and volumes. Currently one truck and worker can manage the distance and volumes each collection day. In order to move to bi-weekly, the contractor believes that a second truck would be required. Simply put, it's one truck each week, or two trucks bi-weekly. Options The following are options available to Council relative to the contracts expiring in June: . Extend Current Collection and Disposal Contracts As outlined, the current contract can be extended until June l,20ll. This option would allow additional time to establish agreements with the City of Toronto and determine participation in the regional MRF, and permit Bayham to consider participating in any regional based programs at that time. Additional annual costs are estimated at $11,500. . Tender for Services This option would necessitate a minimum 5 year, and preferably 7 year term. Effectively this would preclude Bayham from participating in any regional based waste programs/joint tenders. . Tender (or request quotations) for Bi-weekly Recycling Services Given the comments from the current contractor, this option may not reduce recycling costs, and again, the issue of participation in a regional system remains. Strategic Plan Goal(s): Goal #1 - Practice responsible financial management GoaI#4 - Be dedicated to service excellence Goal #7 - Promote excellence in environmental stewardship Recommendation That Council authorize the extension of contracts with Norfolk Disposal Services Limited, for the provision of weekly Waste Disposal, Collection of Residential and Commercial waste, bulk collection bins, and for the provision of weekly collection and disposal of recyclables, as outlined in Report E2009-00{ for a period to expire June 1, 2011. Staff Report E2009-04 regarding Waste Management Services. ... Page 269 of 303 Page 270 of 303 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Kyle Kruger, Administrator SUBJECT: Ontario Small Waterworks Assistance DATE: March 23,2009 FILE: F05 NUMBER: F2009-18 Purpose This report is to recommend the execution of an agreement with the Province of Ontario to acquire lrnancial assistance under the Ontario Small Waterworks Assistance Program Part2 (OSWAP-2). Background The Municipality submitted an expression of interest for funding for the Ontario Small 'Waterworks Assistance Program in 2008. The program is an entitlement grant initiative for municipalities serving between 1,001 and 5,000 residents to provide operating grants over four years to assist municipalities to meet their operating demands. These funds may not be used for capital projects or to reduce water rates. The Municipality received confirmation March 16th that we have met the eligibility criteria. The maximum funding approved is approximately $40,000 annually for the next four years. Staff Comments As mentioned, the assistance is for direct costs associated with the provision of drinking water services, and may not be used for capital projects or to reduce water rates. The funding will be of assistance in meeting operational requirements. In order to obtain the assistance, the Province requires the completion of a Contribution Agreement. Staff have reviewed the agreement and do not see any major concerns. A draft by-law is attached to this report for Council consideration to approve the agreement. Attachments Draft By-law No. 20096-041, to approve an agreement with the Her Majesty the Queen in Right of Ontario. Stratesic Plan Goallsl Goal #1 - Practice responsible financial management Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendation THAT By-Law No. 2009-041, being a by-law to authorize an agreement between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario be presented to Council for enactment. Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 271 of 303 TIIE CORPORATION OF' THE MUNICIPALITY OF BAYHAM BY-LAW NO.2009-041 A BY-LAW TO AUTIIORIZFTHF EXECUTION OF' AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM ANI) HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF AGRICULTURE,T'OOD AND RURAL AF'F'AIRS F'OR THE PROVISION OF ASSISTANCE UNDER TIIE ONTARIO SMALL WATERWORKS ASSISTANCE PROGRAM - PART 2 WHEREAS the Municipalþ of Bayham submitted an Expression of Interest for OSWAP-2 firnding to the Province of Ontario; AND WHEREAS the Province has confirmed that the Municipality has met the program eligibility criteria; AND \ilHEREAS the program requires the completion of a Contribution Agreement; AND \ryHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into the said Contribution Agreement; THEREF'ORE THE COUNCIL OF THE CORPORATION OF THE MIJNICIPALITY OF'BAYIIAM ENACTS AS FOLLO\ilS: l. TIIAT the Mayor and Administrator be and are hereby authorized and directed to execute the Agreement attached hereto as Schedule "4" and forming part of this by-law between the Municipality of Bayham and Her Majesty the Queen in Right of Ontario for the provision of assistance under the Onta¡io Small Waterworks Program Part 2. 2. THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26th DAY OF MARCH 2009. MAYOR CLERK Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 272 of 303 ONTARIO SMALL WATERWORKS ASSISTANCE PROGRAM PART 2 Í"OSWAPJ2'') CONTRIBUTION AGREEMENT Ministry of Agriculture, Food and Rural Affairs File Number: 3188 THIS AGREEMENT made in triplicate as of the day of BETWEEN: HER MAJESW THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs (referred to herein as the "Ministry") THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (referred to herein as the "Recipient") WHEREAS many small communities face unique challenges with the financial sustainabiliW and affordability of Drinking Water Systems; AND WHEREAS the Government of Ontario is investing in Drinking Water Systems in small municipalities or Local Services Boards (LSBs) in Ontario; AND WHEREAS the purpose of OSWAP-2 is to address immediate operating pressures on Drinking Water Systems in municipalities or LSBs in Ontario serving 1,001 to 5000 residents; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding may apply it to one or more of four focus areas: planning; direct costs associated with the operation of Drinking Water Systems; regulatory compliance; or retaining expertise to improve Drinking Water Systems; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding may not apply it to capital costs to construct or to improve Drinking Water Systems; AND WHEREAS municipalities or LSBs receiving OSWAP-2 funding must undertake one or more specified project(s)for improving system management and operations; AND WHEREAS this Agreement establishes the terms and conditions applicable to OSWAP-2 funding; NOW THEREFORE in consideration of the mutual covenants and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties covenant and agree as follows: 2009. AND: Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 273 of 303 O SWAP-2 C o ntrí b ution Ag re e me nt This Agreement, including: Schedule "A" - GeneralTerms and Conditions Schedule "B" - Operational Overview and Budget Schedule "C" - Eligible & lneligible Costs Schedule "D" - Additional Provisions Schedule "E" - Report constitutes the entire agreement between the parties with respect to the subject matter contained in this Agreement and supersedes all prior oral or written representations and agreements. lN WITNESS WHEREOF, the Ministry and the Recipient have respectively executed and delivered this Agreement on the date set out above. HER MAJESW THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of Agriculture, Food and Rural Affairs by: Name: The Honourable Leona DombrowskyTitle: Minister of Agriculture, Food and RuralAffairs Name: Lynn AcreTitle: Mayor Date THE by: CORPORATION OF THE MUNICIPALITY OF BAYHAM: Date Affix Corporate Seal Dater to bind the Recipient Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 274 of 303 OSWAP-2 Contribution Agreement SCHEDULEilA" GENERAL TERMS AND CONDITIONS SECTION 1 DEFINITIONS AND INTERPRETATION 1.1 Definitions. When used in this Agreement, including the cover and execution pages and all of the schedules, the following terms shall have the meanings ascribed to them below unless the subject matter or context is inconsistent therewith: "Adjust the Financial Assistance" means an increase, reduction or termination of the antount of the Financial Assistance for the Operational Priority of the Recipient under the OSWAP-2 Program, or any other provincial program(s) or initiative(s), either current or future, as the Ministry may determine and which may require repayment by the Recipient of somê or all of the FinancialAssistance in an amount to be determined by the Minístry and within a period specified by the Ministry, and "Adjustments to the Financial Assistance" shall have a similar meaning. "Agreement" means this agreement, including the cover and execution pages and all of the schedules hereto, and all amendments made hereto in accordance with the provisions hereof. i'Applicable Laws" ,*rn, applicable federal, provincial and municipal laws, all rules, : regulations, by-laws. notices, orders and approvals. ! "Budget" means the budget set out in Schedule "B of this Agreement. "Business Day'' means any day on which Government of Ontario offices generally are open for business in the Province of Ontario. "Consultant" means any consultant, engineer, contractor or other provider of goods or seryices, as the case may be, retained or selected by the Recipient in relation to the Operational Priority. "Gontract" means a contract between a Recipient and a third party at arm's length whereby the latter agrees to provide a product or service in relation to the Operational Priority. "Documentation" includes but is not limited to invoices, receipts, timesheets, quotations, estimates, work authorizations, payroll records, tenders, proposals, payment certificates, correspondence, memoranda, contracts, amendments thereto and other records of costs, expenses and activities related to the Operational Priority. "Drinking Water System" means one or more publicly owned, residential drinking water systems, as the Ministry may determine. "Eligible Gost" means those costs so described in Schedule "C" of this Agreement. "End of Financial Assistance Date" means March 31,2012. Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 275 of 303 O SWAP -2 Contri b utio n Ag re e me nt "Event of Default" has the meaning given to it in Section 14.1 of Schedule "A" of this Agreement. "Expiration Date" means March 31,2013. "Financial Assistance" means the funds provided by the Ministry to the Recipient pursuant to this Agreement. "Fiscal Yea¡'' means the fìscal year of the Recipient. "Generally Accepted Accounting Principles" means Canadian Generally Accepted Accounting Principles as adopted by the Canadian lnstitute of Chartered Accountants. "Government of Ontario" means Her Majesty the Queen in Right of Ontario. "lndemnified Parties" means Her Majesty the Queen in Right of Ontario, Her Ministers, appointees, directors, officers, employees and agents. "lneligible Gosts" means those costs so described in Schedule "C" of this Agreement. "Maximum Financial Assistance" means the utmost amount of FinancialAssistance provided by the Ministry to the Recipient during the Term of this Agreement, subject to any Adjustmentg : : to the Financial Assistance. "Ministr¡/' means the Ministry of Agriculture, Food and Rural Affairs or such other Ministry as rnäy be responsible for the operation and administration of OSWAP-2. "Operational Priority" means the purposes to which the Recipient shall apply the Financial Assistance as described in Schedule "B" hereto. "OSWAP-2" means the Ontario SmallWaterworks Assistance Program Part2. "Recipient" has the meaning given to it on the cover page of this Agreement. "Report" has the meaning given to it in Section 6.1 of Schedule "4" of this Agreement. "Term" has the meaning given to it in Section 2.1 of Schedule "4" of this Agreement. 1.2 Hereín, eúc. The words "herein", "hereof' and "hereunded' and other words of similar import refer to this Agreement as a whole and not to any particular schedule, article, section, paragraph or other subdivision of this Agreement. The words"include", "includes" and "including" shall not denote an exhaustive list. 1.3 Currency. Any reference to currency is to Canadian currency and any amount advanced, paid or calculated is to be advanced, paid or calculated in Canadian currency. 1.4 Sfafufes. Any reference to a statute is to such statute and to the regulations made pursuant to such statute as such statute and regulations may at any time be amended or modified and in effect and to any statute or regulations that may be passed that have the 4 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 276 of 303 O SWAP -2 Contri b ution Ag reeme nt effect of supplementing or superseding such statute or regulations. L5 Gender, singular, eúc. Words importing the masculine gender include the feminine or neuter gender and words in the singular include the plural, and vice versa. 1.6 Ministry Approvals. Any reference to, or requirement for, the approval of the Ministry in this Agreement or in any schedule hereto shall be deemed to require the prior and express written approval of the Ministry. sEcTtoN 2 TERM OF AGREEMENT 2.1 Term. Subject to any extension or termination of this Agreement and the survival of any of the provisions of this Agreement pursuant to the provisions contained herein, this Agreement shall be in effect from the date set out on the first page of this Agreement, up to and including the Expiration Date. 2.2 End of Financial Assisúance Date. Notwithstanding anything in this Agreement, the Ministry shall not be obligated to provide Financial Assistance pursuant to this Agreement after the End of Financial Assistance Date. sEeÏoN 3 : ELIGIBLE GOSTS 3.1 Eligible Gosfs. The Recipient shall use the Financial Assistance for costs and expenses related to the Operational Priority in accordance with Schedule "8" and Schedule "C", unless otherwise expressly approved in writing by the Ministry. 3.2 Discretion of Ministry. Subject to Section 3.1 of Schedule "4", the Ministry may determine in its sole discretion whether the Recipient may use the Financial Assistance for any cost or expense not listed in Schedule "B" or Schedule "C" to this Agreement. ln the event that the Recipient seeks approval from the Ministry for the use of Financial Assistance for any cost or expense not listed in Schedule "8" or Schedule "C" to this Agreement, the Recipient shall submit a written request to the Ministry with its Report and in advance of any such use of the Financial Assistance. 3.3 Retention of Receipts. The Recipient shall retain all Documentation, related to the Operational Priority and the Recipient shall maintain and make available to the Ministry upon the Ministry's request such Documentation for audit or such other purposes as the Ministry may require for a period of six years from the conclusion of the term of this Agreement. 3.4 lneligible Gosfs. Notwithstanding any other provision of this Agreement, the Recipient shall not use the Financial Assistance for any purpose that is specifically excluded from the Operational Priority in accordance with Schedule "B" or is ineligible for Financial Assistance pursuant to Schedule "C" of this Agreement ("lneligible Costs"). 3.5 Clarification. For clarity, the Recipient hereby expressly acknowledges and agrees that the inclusion of a cost or expense in Schedule "B" does not necessarily mean that such 5 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 277 of 303 OSWAP-2 Contribution Agreement cost or expense is an Eligible Cost. Where there is a conflict between the Schedule "B", s Section 3 (Eligible Costs) and Schedule "C", the provisions of this Section 3 (Eligible Costs) shall prevail. SEGTION 4 FINANCIAL ASSISTANGE 4.1 Payment & Use of Financial Assisfance. Subject to the terms and conditions of this Agreement, the Ministry shall provide Financial Assistance on an annual basis for the Term of this Agreement to the Recipient in the amounts set out in Schedule "8". The Recipient shall use the FinancialAssistance that it receives in a Fiscal Year in that Fiscal Year. ln the event that the Recipient does not use all of the Financial Assistance that the Recipient receives in a FiscalYear, the Recipient may request in writing from the Ministry as part of the Recipient's Report approval to use the Financial Assistance in the next Fiscal Year, provided that all Financial Assistance shall be used by December 31, 2012. 4.2 Funds advanced. The FinancialAssistance, including all interest earned thereon, shall be deemed to be the property of the Ministry. The Recipient shall hold the Financial Assistance in trust for the Ministry in an interest bearing account pending payment of Eligible Costs during a Fiscal Year. The Recipient shall use any interest accruing on the Financial Assistance for Eligible Costs and such interest.shall be added to and deemed . to be part of the Maximum Financial Assistance. :,4.3 Maximum Financial Assrsfance. ln any event, the Ministry shall not provide Financial Assistance to the Recipient that is greater than the sum of all Financial Assistance as set out in Schedule "B" hereto, inclusive of interest accrued in accordance with Section 4.2 of Schedule "4". 4.4 Notíce to the Ministry. The Recipient shall immediately notify the Ministry if the Recipient becomes aware of information, errors, omissions or other circumstances that affect the Operational Priority or the Financial Assistance. 4.5 Reduction or Terminatíon of Financial Assísfance. The Ministry may reduce or terminate the FinancialAssistance where, in the Ministry's sole discretion: (a) the Recipient's actual costs for the Drinking Water System in any Fiscal Year of the Term of the Agreement are less than the Financial Assistance that the Ministry provides for that Fiscal Year; (b) the Recipient notifies the Ministry that the Recipient does not intend to carry out, perform or achieve the Operational Priority in whole or in part as specified in Schedule "8"; or (c) new information, errors, omissions or other circumstances affect the Operational Priority or Financial Assistance. 4.6 Withholding payment. Regardless of any other remedy available to the Ministry, the Ministry may, in its sole discretion, withhold any payment of Financial Assistance where 6 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 278 of 303 OSWAP-2 Contribution Agreement the Recipient is in default of any provisions of this Agreement or any Applicable Laws, including but not limited to the Recipient's obligation to provide any Report or other information to the Ministry. 4.7 lnsufficient funds provided by the Legislature. Despite the preceding paragraphs and pursuant to the provisions of the Financial Administration Act, R.S.O. 1990, c. F.12, as amended, if the Ministry does not receive the necessary appropriation from the Ontario Legislature for any payment the Ministry is obligated to make under the Agreement, the Ministry shall not be obligated to make the payment. sEcTtoN 5 USE OF FINANCIAL ASSISTANCE 5.1 Recipient fully responsible. The Recipient shall be fully responsible for undertaking, implementing and completing the Operational Priority as described in Schedule "8". Where the Operational Priority is dependent on Consultants, the Recipient shall be fully responsible for obtaining any contracts, guarantees, security or other assurances that it may require from any Consultant in relation to the Operational Priority. 5.2 Minístry not responsible for implementation. The Ministry shall not be responsible in any way whatsoever for undertaking, implementing or completing the Operational Priority, the-operation of the Drinking Water System or the provision of drinking water. 5.3 Ministry not reÉponsible fcir cosfs,'eúc. The Ministry shall not be responsible for any claims, proceedings or judgments arising from any matter in relation to the Drinking Water System, Operational Priority or the provision of Financial Assistance to the Recipient. 5.4 Behaviour of Recipienú. The Recipient shall carry out the Operational Priority in an economical and businesslike manner, with appropriate due diligence, in accordance with this Agreement and in particular, but without limitation, in accordance with Schedule "8". 5.5 Policíes. The Ministry may from time to time establish and, upon receipt of notice, the Recipient shall comply with policies and processes with respect to OSWAP-2, including but not limited to the use of Financial Assistance. 5.6 Competitive process. The Recipient shall acquire all goods and services required for the Operational Priority through transparent, competitive processes that promote the best value for money. 5.7 Trade Agreemenfs. lf the Recipient is subject to any provincial or federal trade agreements to which the Government of Ontario is a party, the Recipient shall comply with the applicable requirements of such trade agreements. ln particular, and without limitation, if the Recipient is subject to Annex 502.4 of the Agreement on lnternal Trade, the Recipient shall comply with all of the applicable requirements of that Annex. ln the event of any conflict between the requirements of Sections 5.6 of Schedule "4" of this Agreement and the requirements of this Section 5.7, the requirements in this Section 5.7 shall prevail. Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 279 of 303 OSWAP-2 Contribution Agreement 5.8 Contracts. ln entering into any Contract in relation to the Operational Priority, the Recipient shall: a) ensure that terms and conditions are consistent, and do not conflict, with this Agreement; b) incorporate relevant provisions of this Agreement; c) conform to all policies and procedures issued by the Ministry for the OSWAP-2 Program; d) subject to Section 5.5, 5.6 and 5.7 of Schedule "A" of this Agreement, award and manage Contracts in a way that is transparent, competitive and consistent with value for money principles e) require that the parties thereto comply with all Applicable Laws; and 0 authorize the Ministry to gather data, perform audits and monitor the Operational Priority as the Ministry in its sole discretion may determine. SECTION 6 REPORTING REQUI REM ENTS 6.1 Repods. .The Recipient shall submit a Report in the form set out in Schedule "E" or such other' form as the Ministry may require, together with all supporting Documentation, for the Ministry's approval, cost review and audit on or before thirty days following the end of the Fiscal Year in which the Ministry provides Financial Assistance to the Recipient or such later date as the Ministry may in writing allow. The Report shall include: (a) A description of the Eligible Costs related to the Operational Priority; (b) an explanation and accounting of any Financial Assistance that was not expended in the Fiscal Year for which the Financial Assistance was provided; (c) details of any changes in the Operational Priority anticipated in the upcoming Fiscal Year; and (d) such further information as the Ministry may from time to time advise. 6.2 Additional Reports. Notwithstanding Section 6.1 (Reports), the Recipient shall submit, upon request by the Ministry, any additional Documentation or report that the Ministry may require from time to time. SECTION 7 REGORDS AND AUDIT 7.1 Separate records. The Recipient shall maintain separate records for the Operational Priority and keep all records and Documentation for six (6) years from the end of the Term of this Agreement. Upon the Ministry's request, the Recipient shall submit to the 8 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 280 of 303 O SWAP-2 Contrib ution Ag ree me nt Ministry all records and Documentation relating to the Operational Priority. The Recipient shall maintain all records and Documentation in accordance with good business practices including but not limited to Generally Accepted Accounting Principles as applicable. 7.2 Provide records to Ministry. The Recipient shall provide to the Ministry, upon request and at the Recipient's expense (including but not limited to photocopying, electronic media, transportation and postage, associated staff time, information retrieval and other office expenses), all records and Documentation of the Recipient and its Consultants relating to the Operational Priority or the OSWAP-2 Program, or any other provincial program(s), as may be required by the Ministry. The Recipient shall provide such material to the Ministry and other ministries of the Government of Ontario as may be requested from time to time, all in a form and manner satisfactory to the Ministry and other ministries of the Government of Ontario, as applicable. 7.3 External auditor. The Ministry may require the assistance of an external auditor to carry out an audit of records and Documentation referred to in Sections 7.1 and7.2 of Schedule "/t''of this Agreement. lf so, the Recipient shall, upon the Ministry's request, retain an external auditor acceptable to the Ministry. lf the Ministry reasonably believes that a Report or the Documentation contains material inaccuracies, then the external auditor shall be retained at the Recipient's sole expense. Otherwise, in the Ministry's sole discretion, the Ministry and the Recipient may share the cost of the external auditor. The Recipient shall require any auditor who conducts an audit pursuant to this section of , the Agreement or otherwise to provide a copy of the audit r:eport to the Ministry for its consideration at the same time that the audit rêport is given to the Recipient. 7.4 Review. The Recipient shall allow the Ministry, its agents and employees and the Ontario Provincial Auditor's Office access to the Recipient's staff and entry to the Recipient's premises at all reasonable times to: (i) inspect or review anything related to the Operational Priority; or (ii) perform any cost review, audit or assessment of the Operational Priority as the Ministry may require. 7.5 lnformation condition precedent for paymenú. The Ministry may, in its sole discretion, require the Recipient to comply with any requirement of this Section 7 (Records and Audit) as a condition precedent to any payment in relation to the Operational Priority or any other Operational Priority(ies) of the Recipient under the OSWAP-2 Program, or any other provincial program(s) either current or future, and if the Recipient fails to comply with any requirement of this Section 7 (Records and Audit), notwithstanding any other provision of this Agreement, the Ministry may, in its sole discretion, reduce or terminate the Financial Assistance for the Operational Priority. SECTION 8 OVERPAYMENT 8.1 Repayment of Financíal Asslsfance. The Recipient shall repay to the Ministry, upon receipt of a written demand and within a period specified by the Ministry, that portion of Financial Assistance that: (a) exceeds the Maximum Financial Assistance, as the Ministry may determine; 9 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 281 of 303 8.2 OSWAP-2 Contribution Agreement (b) is used for a purpose other than that stated in or allowed by the terms of this Agreement; or (c) is not used by the earlier of December 31't of the year following the Fiscal Year in which the FinancialAssistance is provided or December 31 ,2012; Any Financial Assistance paid by the Ministry to the Recipient shall not be construed as a final determination of the Maximum Financial Assistance until the Ministry has received and approved the Recipient's Final Report. Deduction of overpaymenú. The Ministry may deduct any overpayment of Financial Assístance in a Fiscal Year pursuant to Section 8.'1 of Schedule "A" from any Financial Assistance payable in a subsequent Fiscal Year or on any other Operational Priority of the Recipient under the OSWAP-2 Program or any other provincial program(s) either current or future. Any overpayment made by the Ministry or any other ministry of the Government of Ontario under the OSWAP-2Program or any other provincial program(s) either current or future may in turn be deducted from any Financial Assistance payable for the Operational Priority. Interest on overpayment. The Ministry reserves the right to demand interest on any overpayment of Financial Assistance owing by the Recipient under the terms of this Agreement at the then current interest rate charged by the Government of Ontario on accounts receivable. The Recipient shall pay the amount of interest owing upon receipt of a written demand and within the period specified by the Ministry. SEGTION 9 INSURANCE Insurance. The Recipient represents and warrants that it has, and shall maintain in full force and effect for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000.00) per occurrence. The commercial general liability insurance policy shall include the following: (i) the lndemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient's obligations under, or otherwise in connection with, the Agreement; (ii) a cross liability clause; (iii) contractual liability coverage; and (vii) a 30 day written notice of cancellation, termination or material change. 8.3 9.1 10 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 282 of 303 OSWAP-2 Contribution Agreement 9.2 Certificates of Insurance. The Recipient shall provide the Ministry with certificates of insurance, or other proof as may be requested by the Ministry, that confirms the insurance coverage as provided for in Section 9.1. Upon the request of the Ministry, the Recipient shall make available to the Ministry a copy of each insurance policy. sEcTtoN 10 INDEMNITY 10.1 Ministry not liable. ln no event shall the Ministry be liable for: a) any bodily injury, death or property damage to the Recipient, its employees, agents, or Consultants or for any claim, demand or action by any third party against the Recipient, its employees, agents, or Consultants, arising out of or in any way related to this Agreement or the Operational Priority; nor b) any irrcidental, indirect, special or consequential damages, or any loss of use, revenue or profit to the Recipient, its employees, agents, or Consultants arising out of or in any way related to this Agreement or the Operational Priority. 10.2 Recipient to indemnify. The Recipient agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her appointees, directors, officers, employees and agents from and against ail suits, judgments, claims, demands, expenses, actions, ¡ i cauSes of action and losses (including,;without limitation, reasonable legal expenses) and for any and all liability for damages to property and injury to persons (including death) which Her Majesty the Queen in Right of Ontario, Her appointees, directors, officers, employees'and agents may incur, otherwise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a)the performance of this Agreement or any breach of the terms of thís Agreement by the Recipient, Íts officers, seryants, employees, agents and Gonsultants, or by a third party, and any of its offìcers, employees, servants or agents; (b) the ongoing provision, operation, maintenance and repair of the Recipient's Drinking Water System; or (c) any omission or other wilful or negligent act of the Recipient, a third party, or their respective employees, officers, servants or agents. 10.3 Further Indemnity. The Recipient further agrees to indemnify and hold harmless Her Majesty the Queen in right of Ontario, Her appointees, directors, officers, employees and agents, for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, which Her Majesty the Queen in right of Ontario, Her appointees, directors, officers, employees and agents may incur, othen¡rise than by reason of their own negligence or wilful misconduct, as a result of or arising out of or in relation to: (a) the performance of this Agreement or any breach of the terms of this Agreement by the Recipient, its officers, servants, employees and agents, or by a third party, and any of its officers, employees, servants or agents; (b) the ongoing provision, operation, maintenance and repair of the Recipient's Drinking Water System; or (c) any omission or other wilful or negligent act of the Recipient, a third party, their respective employees, officers, servants or agents. 11 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 283 of 303 OSWAP-2 Contribution Agreement SECTION I1 CONFLIGT OF INTEREST AND CONFIDENTIALIW 11.1 No conflict of interesú. The Recipient and its Consultants and any of their respective advisors, partners, directors, officers, employees, agents and volunteers shall not engage in any activity or provide any services where such activity or the provision of such services creates a conflict of interest (actually or potentially in the sole opinion of the Ministry) with the provision of services under this Agreement. The Recipient acknowledges and agrees that it shall be a conflict of interest for the Recipient, its Consultants and any of their respective advisors, partners, directors, offlcers, employees, agents and volunteers to use confidential information of Her Majesty the Queen in right of Ontario that is relevant to the Operational Priority or otherwise where the Ministry has not expressly authorized such use in writing. For greater certainty, and without limiting the generality of the foregoing, a conflict of interest includes a situation where anyone associated with the Recipient is able to benefit financially from the Operational Priority or where such a person owns or has an interest in an organization that is carrying out work related to the Operational Priority. 11,2 Drsclose potential conflict of interest. The Recipient shall disclose to the Ministry without delay any actual or potential situation that may be reasonably interpreted as either a conflict of interest or a potential conflict of interest. 11.3 Freedom of lnformation and Protection of Frivacy Acú. The Recipient ' acknowledges that the Ministry is bound by the provisions of the Freedom of lnformation and Protection of Privacy Act, R,S.O. 1990, c. F.31, as amended. SECTION 12 COMMUNICATION AND RECOGNITION 12.1 Acknowledge the support of the Ministry. The Recipients shall acknowledge the support of the Ministry and OSWAP-2in such form as the Ministry may approve. 12.2 OSWAP-2 may publicize information. The Recipient acknowledges and agrees that the Ministry may publicize information regarding OSWAP-2 and the Recipient, including but not limited to the Recipient's name, description of the Recipient's Operational Priority and total amount of Financial Assistance. 12.3 Recipients views do not necessarily represent those of the Ministry. The Recipients shall indicate in any acknowledgement pursuant to Section 12.1 of Schedule "A" that the views expressed therein are the views of the Recipients and do not necessarily reflect those of the Ministry or OSWAP-2. sEcTtoN 13 GOVENANTS, REPRESENTATIONS AN D WARRANTI ES 13.1 Covenants, representations and warranties. The Recipient covenants, represents and warrants to the Ministry, and acknowledges and agrees that the Ministry relies on the Recipient's covenants, representations and warranties contained herein in entering 12 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 284 of 303 O SWAP -2 Co ntribution Agre e me nt into this Agreement and providing Financial Assistance, that: a) lt has authority and any necessary approval to enter into this Agreement and to carry out its terms; b) it validly exists as a legal entity with full power to perform and observe all of the terms and conditions of this Agreement; c) where applicable, it has passed any by-laws or resolutions required to undertake the Operational Priority; d) it has the experience and ability to carry out the Operational Priority; e) other than the FinancialAssistance being provided pursuant to this Agreement, the Recipient has not and will not use any funds received from Her Majesty the Queen in Right of Ontario or a Crown Agency towards any aspect of the Operational Priority; 0 all information provided in the Recipient's Expression of Interest is and remains true, conect and complete in every respect; and g) it provides its residential Drinking Water System(s) to a total population of 1,001 to 5000 residents. 13.2 Represenfafions and warranties true condition precúentfor paymenf. Upon the Ministry's request, the Recipient shall provide the Ministry with proof of the covenants, representations and wananties refened to in this Section 13 Covenants, Representations and Wananties. lt is a condition precedent to any payment under this Agreement that the covenants, representations and warranties under Section 13.1 of Schedule '4" are true and correct at the time of any payment of Financial Assistance and that the Recipient is not in default any terms or conditions of this Agreement. Where the Recipient's covenants, representations and wananties are not true and correct, the Ministry may, in its sole discretion, reduce or terminate the FinancialAssistance for the Operational Priority. 13 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 285 of 303 O SWAP-2 Co ntribution Ag re e me nt sEcTtoN 14 DEFAULT, ENFORCEMENT AND TERMINATION 14,1 Event of Defautt. Each and every one of the following events is an "Event of Default": a) if in the opinion of the Ministry, the Recipient fails to comply with any term or condition contained in this Agreement; b) if in the opinion of the Ministry any covenant, representation or warranty made by the Recipient in this Agreement is materially untrue in any respect; c) if an order or resolution is made or passed for the winding up, liquidation or dissolution of the Recipient or the Recipient is otherwise dissolved or ceases to carry on operations; d) if the Recipient uses any of the Financial Assistance for a purpose not authorized by this Agreement, without the prior written consent of the Ministry; e) if the Recipient admits in writing its inability to pay its debts generally as they become due, voluntarily suspends transactions of its usual business, becomes insolvent, bankrupt, makes an assignment for the benefìt of its creditors, or a receiver or manager, court appointed or otherwise, is appointed for its assets or if the Recipient takes the benefit of any statute from time to time in force relating to bankrupts or insolvent debtors; f) if in the opinion of the Ministry, a material adverse change occurs such that the viability of the Recipient as a going concem is threatened; g) if in the opinion of the Ministry, the Recipient ceases to own, provide or operate a Drinking Water System; h) if the Recipient is in default in carrying out any of the terms, conditions or obligations of this Agreement, except where such failure is due to causes which, in the sole discretion of the Ministry, are beyond the control of the Recipient; i) if the Recipient has submitted false or misleading information or a false or misleading Report to the Ministry; j) if the Recipient and/or any of its Consultants and/or any of their respective advisors, partners, directors, officers, employees, agents and volunteers has breached the requirements of Section 11 (Conflict of lnterest and Confidentiality) of Schedule "A'; or; 14.2 WaÍver. The Ministry may, at any time, waive any Event of Default provided that no such waiver shall extend to, or be taken in any manner whatsoever to affect, any subsequent Event of Default or the Ministry's right to remedies resulting therefrom, and that no such waiver shall be, or shall be deemed to constitute, a waiver of such Event of Default unless such waiver is in writing from the Ministry. 14 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 286 of 303 O SWAP-2 Contri bution Ag ree me nt 14.3 Remedies on default. Notwithstanding any other rights which the Ministry may have under this Agreement or at law, if an Event of Default has occurred, the Ministry shall have the following remedies, provided only that in the case of an Event of Default which, in the opinion of the Ministry in its sole discretion, is curable, the Ministry has first given written notice of the Event of Default to the Recipient and the Recipient has failed to correct the Event of Default within 30 days or such longer period of time as the Ministry may consent to in writing: a) the Ministry shall have no further obligation to provide any Financial Assistance; b) the Ministry may, at its option, terminate this Agreement immediately and may, in its sole discretion, reduce or terminate the Financial Assistance. The Recipient shall immediately pay to the Ministry any FinancialAssistance that the Recipient has received tîom the Ministry but has not expended as of the date of termination together with interest on the Financial Assistance at the then-current interest rate charged by the Government of Ontario on accounts receivable from the date that the Ministry paid the Financial Assistance to the Recipient for the Fiscal Year in which termination occurs to the date of termination; and c) the Ministry may avail itself of any other legal remedy. 14.4 ,Additional remedies. ln addition to the remedies described in Section 14.3 of Schedule -"4", the Ministry may commence any legal action or proceeding without any additional notice under this Agreement. The rights and remedies of the Ministry hereunder are' cumulative and'in ãddition to, and nıt ¡n substitution for, all other rights or remedies otherwise available to the Ministry. 14.5 Termination wíthoutcause. Notwithstanding anything other provision contained herein, the Ministry reserves the right to terminate this Agreement without cause upon such conditions as the Ministry may require, with a minimum of thirty (30) days written notice to the Recipient. lf the Ministry terminates this Agreement prior to its expiration, the Ministry, subject to all of the Ministry's rights under this Agreement, including, without limitation, the Ministry's right to make Adjustments to the Financial Assistance prior to its expiration, shall only be responsible for the payment of Financial Assistance in the then current FiscalYear. SECTION 15 NOTICE 15.1 Notice. Any demand, notice or communication to be made or given hereunder shall be in writing and may be made or given by personal delivery or mailed by fìrst class registered mail, postage prepaid or by transmittal by facsimile, telecopy, email or other electronic means of communication addressed to the respective parties as follows at the addresses set out in Schedule "D" attached hereto or to such other person, address, facsimile number, telecopy number or email address as either party may from time to time notify the other in accordance with this Section. Any demand, notice or communication made or given by personal delivery shall be conclusively deemed to have been given on the day of actual delivery thereof. Any demand, notice or communication made or given by facsimile, email or other electronic means of 15 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 287 of 303 OSWAP-2 Contribution Agreement communication, if made or given at a time when it would be received by the recipient during its normal business hours on a Business Day, shall be deemed to be received at the time it is sent; othenruise, such electronic communication shall be deemed to be received on the first Business Day following the transmittal thereof. Any demand, notice or communication mailed by registered mail shall be deemed to have been received on the third Business Day following the day on which it was mailed. 15.2 Represenfatives. The individuals identified pursuant to Section 15.1 above will, in the first instance, act as the Ministry's or the Recipient's representative, as the case may be, for the purpose of this Agreement. sEcTtoN 16 CONTRIBUTION ONLY 16.1 Contribution. This Agreement is a contract forfinancial assistance only and nothing in it or done pursuant to it, shall be construed as, constitute or deem the Recipient to be the Ministry's agent, employee, partner or joint venturer. SECTION 17 MISCELLANEOUS - 17:1 Terms binding. The Recipient shalltake all reasonable measures to ensure that its offlcers, directors, partnerS, êmployëes, agents and Consultants shall be bound to observe all of the terms and'conditions of this Agreement, including, but not limited to all: covenants, representations and warranties'set out herein. 17.2 Time of úhe essence. ln the performance and obseruance of the terms and conditions of this Agreement, time is of the essence and no extension or variation of this Agreement shall operate'as a waiver of this provision. The Ministry shall not be liable for any liquidated damages as a result of working days extensions. 17.3 Successors and assígns. This Agreement shall endure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. 17.4 No waiver. The failure by the Ministry to insist in one or more instances on performance by the Recipient of any of the terms or conditions of this Agreement shall not be construed as a waiver of the Ministry's right to require further performance of any such terms or conditions, and the obligations of the Recipient with respect to such performance shall continue in fullforce and effect. 17.5 Division of Agreemenú. The division of this Agreement into schedules, articles, sections, clauses, paragraphs and the insertion of headings are for the convenience of reference only and shall not affect the construction or interpretation of this Agreement. 17.6 Governing law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in Ontario. 16 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 288 of 303 OSWAP-2 Contribution Agreement 17.7 Survival. The following schedules, sections and provisions of this Agreement shall survive the expiration or early termination hereof: Sections 4.2,4.4 and 4.5 (Financial Assistance), Section 6 (Reporting Requirements), Section 7 (Records and Audit), Section 8 (Overpayment), Section 10 (lndemnity), Section 1 1 (Conflict of lnterest and Confidentiality), Section 12 (Communication and Recognition), Section 13 (Covenants, Representations and Warranties) and Section 14 (Default, Enforcement and Termination) of Schedule "4". 17.8 No assignment. This Agreement shall not be assigned by the Recipient. The Ministry may assign this Agreement on written notice to the Recipient. 17.9 No amendmenú. This Agreement shall not be varied or amended except by agreement in writing, dated and signed on behalf of the Ministry and the Recipient. 17.10 Consultanús. The Ministry acknowledges that, in connection with carrying out the Operational Priority, the Recipient may engage one or more Consultants, employees or agents. The Recipient shall have the sole authority and responsibility for such Consultants, employees, agents, including their hiring and termination. The Recipient acknowledges and agrees that the Recipient shall be responsible for all acts and actions of the Recipient's Consultants, employees and agents and that all such acts and actions shall be treated as actions of the Recipient for the purposes of this Agreement. :^ 17.11 Cooperation. The Ministry and the Recipient agree to cooperate with one another and will be frank, candid and timely when dealing with one another and will endeavour to'ìs: facilitate the implementation of tn¡s Agreement. 17 12 ffli;,Iiîi::',i?:l;fl:"ffi::liîi,XäJ:g!'.il;ll,lì';ffifläilåhT"li"!1,:'ååij, to water. 17.13 Priority. Where there is a conflict between one or more of the schedules of this Agreement, the following order of priority shall apply: Schedule "A", Schedule "C", Schedule "8" and all other schedules. . END OF GENERAL TERMS AND CONDITIONS - 17 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 289 of 303 OSWAP-2 Contribution Agreement SCHEDULE fIB'' OSWAP.2 RECIPIENT'S OPERATIONAL PRIORITY DESCRI PTION OF OPERATIONAL PRIORITY: The Municipality of Bayham will incur expenditures in the operation of their Drinking Water System related to direct costs, undertaking a leakage audiVmaintenance to reduce leakage, a water meter program, preparing business plans/full cost reports/capital plans, operator training, integrating administration with other municipal departments/local utilities, and/or preparing an asset management planiimplementing broader asset management practices. FINANCiAL ASSISTANCE Ontario's Maximum Financial Assistance: $160,078.72 Proposed Payment Schedule Galendar Year Financial Assistance $40,019.68 $40,019.68 $40,019.68 $40,019.68 $160,078.72 18 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 290 of 303 O SWAP-2 Co ntri b ution Ag ree m e nt SGHEDULE fTC'' ELIGIBLE AND INELIGIBLE COSTS C.1 ELIGIBLE COSTS C.1.1 The Recipient shall use Financial Assistance for costs that, in the opinion of the Ministry, are: a) properly and reasonably incurred by the Recipient and no other person; and b) necessary for the implementation of the Operational Priority as described in Schedule "8". C.1.2 Subject to Section C.1.1 of the Schedule, the Recipient shall use all Financial Assistance for costs directly related to operating its Drinking Water System associated with planning, direct costs, regulatory compliance and retaining expertise. Eligible Costs include but are not limited to the following: a) Costs incurred by the Recipient on or after January 1, 2009 but before December 31,2012; b) Costs incurred by the Recipient for employees, professionals and technical personnel as well as those for consultants and contractors specifically engaged to operate the Recipient's Drinking Water System, including wages and benefits, overhead and administrative costs; c) Materials, supplies, utilities and costs of testing and sampling incurred by the Recipient directly related to the operation of the Recipient's Drinking Water System; d) Costs for software, hardware and any other lT products incurred by the Recipient to operate its. Drinking Water System; e) Staff training costs incurred by the Recipient, including training registration fees, travel expenses (airline/train ticket, car rental including the cost of gasoline, mileage if staff members' own car is used, hotel stays and meals (excluding alcohol) while attending a conference/seminar) and any materials that may be required to be purchased in advance of attending a training session, such as books and/or training manuals specifically requested by the training seminar organizer, related to the operation of the Recipient's Drinking Water System; f) Costs incurred by the Recipient directly related to data collection, modelling, research and data management for the Recipient's Drinking Water System; and g) Any other costs as approved by the Ministry. C.2 INELIGIBLE COSTS C.2.1. Notwithstanding any other provision in this Agreement, Financial Assistance shall not be used for any of the following: a) Any cost or expense incurred by the Recipient before January 1,2009; b) Any cost or expense incurred by the Recipient after December 31 ,2012; c) Lowering water rates; d) Supporting municipal / LSB services, other than those related to the operation of the Recipient's Drinking Water System; e) Salaries or other benefits of any employees of the Recipient that are not related to the operation of its Drinking Water System; 19 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 291 of 303 O SWAP- 2 Co ntri b utio n Ag reem e nt Ð Any travel, gasol¡ne, meal, hotel, material, education and other costs borne by the Recipient that are not directly related to the operation of the Drinking Water System; g) Personal expenses and alcohol; h) Taxes for which the Recipient or a third party is eligible for a tax rebate and all other costs or expenses eligible for rebates (e.9., GST); i) Operating costs of the Recipient's Drinking Water System funded by any other Government of Ontario grant program; j) Financing charges and interest costs on debt; k) Capital costs, including costs of capital leasing of equipment by the Recipient; l) Legalfees; or m) Matching any funding or grant provided under any Government of Ontario program, including but not limited to the Canada-Ontario Municipal Rural lnfrastructure Fund - Asset Management Program (COMRIF - AMP). 20 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 292 of 303 O SWAP-2 C ontri b ution Ag ree me nt SCHEDULE ffD'' ADDITIONAL PROVISIONS The Ministry and the Recipient agree to the following additional provisions: 1 . Further to Section 15 of Schedule "4" hereto, notice can be given at the following addresses: (a) lf to the Ministry: Ministry of Agriculture, Food and Rural Affairs 1 Stone Road West,4th Floor Guelph, ON N1G 4Y2 Phone: 1-866-306-7827 Fax: (519) 826-4336 Attention: Dino Radocchia, Manager (b) lf to the Recipient: Municipality of Bayham 9344 Plank Road PO Box 160 Straffordville, Ontario NOJ 1YO Phone: 51 9-866-5521 Fax: 51 9-866-3884 E-Mail: smantel@bayham.on.ca Attention: Suzanna Dieleman Mantel, Treasurer 21 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 293 of 303 SCHEDULE f¡E''ANNUAL REPORTOntario Small Waterworks Assistance Program Part2(OSWAP-2) Annual Report Name:Date: Tte I acknowledge and confirm that the information contained within this report is accurate and complete and that funding is dependant on the province's review and approval of this report: Siqnature Authorized Official ty/Local Services Board: Telephone:Fax:E For the Period: January 1't to December 31"t Enter grant year: Annual OSWAP-2 allocation received by the municipality/local services board: (See Schedule B of Vour Contribution Aqreement.) $ Please complete the following table (as applicable). NOTE: Total OSWAP-2 funding spent on operational priorities should equal annual OSwAp-2 allocation. Operational Priority:OSWAP-2 Funding Allocation Soent ($): Description of Eligible Costs Funded by OSWAP-2: A. Operating Focus Areas Planning Work Direct Costs Regulatory Compliance Retaining Expertise 22 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 294 of 303 OSWAP-2 FundingUndeÍaking a leakage audit /maintenance to reduce leakage Demand management program lmproving energy efficiency of Water meter program Preparing business plans / full cost reports / capital plans I ntegrating administration I mplementing shared service agreements with neighbouring communities Preparing an asset management plan / implementing broader asset management practices Description of Eligible Costs Funded by OSWAP-2: lf your municipality/LSB did not spend its entire annual OSWAP-2 allocation for this year, please explain how you propose to use the remaining lf applicable, please describe any significant changes to the municipality's/LSB's operational priorities: 23 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 295 of 303 To the best of your knowledge, please answer the following questions regarding water services:How many residential customers (active accounts) are served by your municipalityilSB?Howmanyindustrial,commercial,andinstitutiona@. accounts) are served by your municipality/LSB?t' I I ln [year], how Used by residents Used by lC&l Used by non-revenue sources Please indicate units of measurement used (e.g., cubic meters, gallons) how much water revenue was: Collected from residents Collected from lC&l ln [year], what were the total expenditures on electricity for the provision of water services?Does your municipality/LSB have a long-term capitral plan for water services? What percentage of your residential customers are metered?I What percentage of your lC&l customers are metered? I I ls your municipaliÇ undertaking universal metering of all its customers on municipal water supply? Does your municipality/LSB have a leak detection and repair program? Does your municipality/LSB have other water conservation/efficiency programs? (e.9., public information and education programs, rebates to replace existing fixtures with more water-efficient fixtures, lawn watering restrictions) 24 Staff Report F2009-18 regarding Ontario Small Waterworks Ass... Page 296 of 303 CORPORATION OT'THE MUNICIPALITY OF BAYTIAM BY-LAW NO.2009-034 A BY-LAW TO AUTIIORIZFTId.F' EXECUTION OX'A¡f EMPLOYMENT AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND LEANNWALSH WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an Employment agreement with Leann Walsh, for the position of Customer Service Clerk/Receptionist in the Municipality of Bayham; NOW THEREX'ORE THE COUNCIL OF'THE CORPORATION OF THE MUNICIPALITY O['BAYHAM ENACTS AS FOLLOWS: l. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "4" and forming part ofthis byJaw between Leann Vy'alsh and the Municipality of Bayham. 2. THAT this byJaw shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26TH DAY OFMARCH,2009. MAYOR CLERK By-law 2009-034 A By-Law to authorize the execution of ... Page 297 of 303 AGREEMENT THIS AGREEMENT made as of this day of , _. BETWEEN: The Municipality of Bayham, A Corporation incorporated under the laws of the province of Ontario, Hereinafter referred to as the "Municipality" OF THE FIRST PART; -and- Leann Walsh Of the Municipality of Bayham in the Province of Ontario, Hereinafter referred to as the "Employee" OF THE SECOND PART. \ilHEREAS the Municipality and the Employee have agreed to enter into this Agreement to set out the terms and conditions of employment by the Municipality of the Employee as Customer S ervice Clerk/Receptionist. NOW THEREFORE in consideration of the mutual covenants exchanged between the parties herein, THE AGREEMENT \MITi\¡-ESSETH AS FOLLOWS: Position and Term 1. The employment of the Employee under this Agreement shall commence April7,2009 and shall continue for a period ofone year. 2. The Employee shall perform all the duties in the job description attached hereto as Schedule "4", and shall be performed pursuant to the provisions hereof, diligently and in good faith and with a view to the best interest of the Corporation. Remuneration and Benefits 3. The remuneration paid to the Employee shall be the Step One - Grade One, as established in the salary grid formingpart of the approved Non-Union Personnel Policy as may be amended by Council from time to time, paid on a bi-weekly basis. Statutory benefits only shall apply. Hours of \ilork 4. The Employee shall be available for and shall work twenty (20) hours per week and from time to time as may reasonably be requested by the Municipality. Such hours of work to be scheduled Monday to Friday, between the hours of 8:30 a.m. and 4:30 p.m. It is recognized and agreed that the Employee will accept variation in the schedule and number of hours as may be reasonably requested by the Municipality. Hours of work shall not be reduced to less than 40 hours in any two week pay period. Employment Conditions 5. Except where otherwise provided in this Agreement, employment conditions shall be as established in the Non-Union Personnel Policy as amended by Council from time to time. By-law 2009-034 A By-Law to authorize the execution of ... Page 298 of 303 Vacation 6. Vacation pay shall be paid as required by statute each pay period. Termination 7. The Employee agrees that the Municipality may terminate his employment at any time without notice or compensation, for just cause. 8. The Corporation or the Employee may terminate this Agreement at arry time on thirty (30) days written notice. Upon a breach of this agreement, either party may withdraw from the agreement without notice or cash in lieu of notice or other financial penaþ. Renewal 9. This Agreement does not renew without the written agreement of the parties. Complete Agreement 10. Except as otherwise noted herein, this Agreement sets out the entire agreement which the parties have entered into, and neither relies upon representations or terms not included herein. IN \ilITNESS \ilHEREOF the parties have caused this Agreement to be executed as of the day and year first above written. (Witness) )Leann V/alsh )(The Employee) ) ) The Municipality of Bayham )(The Corporation) ) ) Mayor )Clerk ) ) ) ) ) By-law 2009-034 A By-Law to authorize the execution of ... Page 299 of 303 Page 300 of 303 TIIE CORPORATION OF THE MI]NICIPALITY OF BAYHAM BY-LA\il NO.2009-038 BEING A BY LA\il TO ADOPT ESTABLISH A PROGRAM TO PROVIDE TAX REDUCTIONS FORELIGIBLE IIERITAGE PROPERTIES. \ilHEREAS Section 365.2 of the Municipal Act, 2001, as amended authorizes a municipality to pass a by- law to establish a program to ide tax reductions and/or refunds in respect of eligible heritage properties; AND WHEREAS the council of the Municipalþ of Bayham deems it advisable and in the public interest to provide financial assistance as an incentive to encowage property owners to renovate, restore and maintain heritage buildings within the Municipality of Bayham; NOW TIIEREFORE THE COI]NCIL OF TIIE CORPORATION OF TIIE MI]NICIPALITY OF BAYHAMHEREBYENACTS S FOLLOWS: Definitions 1. In this bylaw: "contravention" means an offence under a municipal byJaw, Act or regulation for which enforcement proceedings have been commenced that relates specifically to the building or land for which a Heritage Tax Reduction is sought or given. "council" shall mean the Council of the Municipality of Bayham. "eligible heritage property" means land or buildings or a portion thereof that is (Ð located in the Municipality of Bayham (iÐ designated under Part IV of the Ontario Heritøge Act or is part of a heritage conservation district under Part IV of the Ontario Heritage Act; and (iiÐ subject to a heritage easement agreement with the Municipalify under section 22 or 37 ofthe Ontario Heritage Act; and that complies with the additional eligibility criteria set out in this bylaw. "heritage property tax reduction" means the amount ofproperty tax reduction in respect of an eligible heritage property. "loler tier municipalþt'has the same meaning as in section 1 of the Municipal Act, 2001; rMPACtt means the Municipal Property Assessment Corporatio . ffMunicipality" means the Corporation of the Municipality of Bayham. "owner(s)" includes a corporation, a partnership, and the heirs, executors, administrators and other legal representatives ofa person to whom the context can apply according to law. "person(s)" includes a corporation, a partnership and the heirs, executors, administrators and other legal representatives ofa person to whom the context can apply according to law. Valuation and Distribution 2. The amount of a heritage tax reduction shall be 30% of the taxes for the municipal and school purposes levied in the property that are attributable to: (Ð the building or structwe or portion of the building or structure that is the eligible heritage property; and (iÐ the land use in co rection with the eligible heritage properly as determined by the Municipality. By-Law 2009-038 A By-Law to establish a tax reduction p... Page 301 of 303 -2- 3. Subject to the conditions set out in this by-law, one heritage tax reduction may be paid annually for each eligible heritage property in the property tax class of Residential, Commercial and Industrial as defmed by the lssessment Act, RSO 1990, c.A.3l and Onta¡io Regulation 282198 there under, as amended. 4. Without restricting section 3 above, the heritage tax reduction may first be applied to any outstanding property taxes. 5. MPAC, at the request of the Municipality, shall determine the portion of the property's total assessment that is attributable to the eligible heritage property. Elieibility Criteria 6. In order to be eligible to apply for a heritage tax reduction, owners of the subject properties must provide proof, satisfactory to the Treasurer of the Municipality of the following: (Ð the property has been designated as a property of cultural heritage value or interest under Pa¡t IV of the Ontario Heritage Act or it must be part of a heritage conservation district under Part fV of the Ont ario Heritage Act ; and (iÐ is subject to a heritage easement agreement under section 22 or 37 of bhe Ontario Heritage Act; and (iiÐ the heritage easement agreement referred to in subsection (ii) above must be registered against the eligible heritage propeúy by December 31 ofthe taxation year for which reliefis sought; and (iv) the eligible heritage property is not the subject of contraventions, work orders or outstanding municipal requirements; and (v) meets all of the following criteria to the satisfaction of the Administrator (a) meets municipal requirements to designate the property as a propefiy of heritage value or interest under Pa¡t IV of the Ontario Heritage Act and has been designated as such by the municipality; and (b) be in a good and habitable condition. (vÐ there are no outstanding municipal hnes, arrears of taxes fees or penalties assessed against the applicant. 7. All applications must include the following to be considered for the tax reduction progr¿rm: (Ð Heritage easement agreement approved by council. (ii) Photographs ofall elevations ofthe eligible heritage propefty. (iiÐ Proofofinsurance on the eligible heritage property. 8. The application will cover the cunent year as long as the propefy remains an eligible heritage property. Renewal of the heritage tax reduction must be made arurually. The application must be made on or before February 28 in the year following the year for which the reliefis sought. An application fee of2\Yo ofthe arrrual heritage tax reduction for the initial year of application shall be deducted from the heritage tax reduction once calculated. An application fee of 10% ofthe annual heritage tax reduction shall be deducted from the heritage tax reduction for each renewal application. Limitations and Restrictions 9. The heritage tax reduction program set out in this bylaw is subject at all times to the availability of funding for the program. Nothing in this by-law requires the Municipalþ to provide funding for this program and the heritage tax reduction contemplated by this by-law may be eliminated by council through repeal of this byJaw at any time with no notice whatsoever to affected persons. 10. The heritage tax reduction program is subject to any regulations that the Minister ofFinance may make goveming by-laws on tax refunds and reductions for heritage properties. 11. Where multiple easement and/or preservation and maintenance agreements are registered on one parcel of land, multiple refunds will not be provided in respect of the same heritage features. By-Law 2009-038 A By-Law to establish a tax reduction p... Page 302 of 303 -3- 12. Upon application, the owner must consent to the Municipality conducting an inspection of the interior and exterior ofthe eligible heritage property at any reasonable time, ifrequired, to ensure the relevant heritage easement agreement is being complied with and to ensure that the eligibility crite¡ia can be met. 13. No heritage tax reduction will be given under this by-law where the Municipality determines that the relevant heritage easement agreement is not complied with to the satisfaction of the Municipality. 14. Heritage tax reductions shall be calculated using the assessed value of the properly as retumed for the taxation year for which the application is made. 15, If the assessment of a properly for a year changes as a result of proceedings under the Assessment Act or Municipal Act, 2001 or a judicial decision, the heritage tax reduction shall be recalculated using the new assessment and the tax rill for the year shall be amended to reflect the determination. The Municipality may set off any amount in favour of the Municipality against any refund to be paid to the owner as a result of the appeal or it may apply it against the taxes owed for the succeeding taxation year. 16. The heritage tax reduction shall be repaid in full by the owner for every year where there is an outstanding contravention or where there are outstanding municipal fines, arrears of taxes, fees or penalties assessed against the owner. 17. The minimum annual amount of heritage tax reduction that shall be paid for an individual property is $200.00. Penalties 18. If the owner of the eligible heritage properly demolishes the eligible heritage property or breaches the terms of the relevant heritage easement, the Municipality may require the owner to repay part or all of the heritage tax rednction provided to the owner for one or more years under this byJaw. 19. The Municipality may require the owner to pay interest on the amount of any repayment required under section 1 8, at a rate not exceeding the lowest prime rate reported to the Bank of Canada by any of the banks listed in Schedule I of the Bank Act (Canada) calculated from the date or dates the heriøge tax reduction(s) were provided. Any amount repaid under this section will be shared by the Municipality, School Boards and the County of Elgin (if applicable) in the same proportion as their respective sha¡es of the heritage tax reduction(s) on the property. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 26TH DAY OF MARCH2OO9. MAYOR CLERK By-Law 2009-038 A By-Law to establish a tax reduction p... Page 303 of 303