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July 19, 2018 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, July 19, 2018 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held June 21, 2018 B. Statutory Planning Meeting Official Plan Five year Review Amendments held June 21, 2018 C. Public Meeting Vienna Line Drain held June 21, 2018 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report BL-01/18 by Randy White, Fire Chief I By-Law Enforcement Officer re Animal Rescue Facility B. Report FR-03/18 by Randy White, Fire Chief I By-Law Enforcement Officer re Mandatory Training, 0 Reg.379/018 under the FPPA 2018 Council Agenda July 19, 2018 C. Report FR-04/18 by Randy White, Fire Chief I By-Law Enforcement Officer re Firefighter Remuneration, 1st Half of 2018 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of passing of Zoning By-Law No. Z677-2018 — Baldwin B. Notice of passing of Zoning By-Law No. Z678-2018 — Deplancke C. Notice of the adoption of Official Plan Amendment No. 23 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-50/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re 2nd Quarter Report B. Report DS-51/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Tollgate Road Drain Award Contract 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Association of Municipalities Ontario re AMO Stands with Canada and Ontario on NAFTA B. Ontario Society for the Prevention of Cruelty to Animals re 2018 No Hot Pets Campaign C. Long Point Region Conservation Authority Board of Directors Minutes of meeting held June 6, 2018 D. County of Elgin re POA Courthouse E. Ontario Energy Board Notice to Customers of Union Gas F. College of Physicians and Surgeons of Ontario re Council Award 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-10/18 by Lorne James, Treasurer re Consolidation of Reserve Accounts B. Report TR-11/18 by Lorne James, Treasurer re Council Remuneration — One Third Tax Allowance C. Report TR-12/18 by Lorne James, Treasurer re 2018 Q2 Variance Report D. Report CAO-54/18 by Paul Shipway, CAO I Clerk re Port Burwell East Beach Operational Manual 2018 Council Agenda July 19, 2018 E. Report CAO-55/18 by Paul Shipway, CAO I Clerk re Main Street Revitalization Initiative F. Report CAO-56/18 by Paul Shipway, CAO I Clerk re Water/Wastewater Department G. Report CAO-59/18 by Paul Shipway, CAO I Clerk re Municipally Significant Event Designation H. Report CAO-60/18 by Paul Shipway, CAO I Clerk re Shoreline Erosion Protection Approvals 12. BY-LAWS A. By-Law No. 2018-077 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and B. Provoost Excavating Ltd. for the provision of drainage works for the Tollgate Road Drain in the Municipality of Bayham pursuant to provisions of the Drainage act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation in Report DS-51/18 by Bill Knifton, Chief Building Official Drainage Superintendent during the regular meeting of July 19, 2018) B. By-Law No. 2018-078 Being a by-law to adopt Municipality of Bayham Port Burwell East Beach Manual (This by-law follows the recommendation in Report CAO-54/18 by Paul Shipway, CAO I Clerk during the regular meeting of July 19, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Con 1 Pt Lot 10 & Plan 40 Lot 52 Pt 51 W/S Chatham Lots 50— 52 E/S Addison) B. Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Project Ojibwa) C. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Provincial Park Lands) D. Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Municipal Law Enforcement— Encroachment) 14.2 Out of Camera 2018 Council Agenda July 19, 2018 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-079 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 21, 2018 7:00 p.m. 7:30 p.m. — Public Meeting — Planning — Official Plan Five Year Review Amendments 8:00 — Public Meeting —Vienna Line Drain PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO-53/18 by Paul Shipway, CAO I Clerk re Engineering Services — Capital Item PW-25 added as Item 11.2-C B. By-Law 2018-073, being a by-law to adopt Official Plan Amendment No. 23 regarding amendments to policy and mapping changes associated in the Five Year Official Plan Review added as Item 12-F C. By-Law 2018-076, being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Vienna Line Municipal Drain added as Item 12-G 4. ANNOUNCEMENTS A. The Council of the Corporation of the Municipality of Bayham would like to acknowledge Elgin County for funding training for the Elgin County Critical Incident Stress Management Team which now includes Municipality of Bayham Firefighters Kevin Baker, Captain and Josh Mulholland, Firefighter. Further we would like to thank Kevin and Josh for stepping forward to voluntarily complete this training to be part of a voluntary team to further support our community of first responders 2018 Council Minutes June 21, 2018 5. DELEGATIONS A. 7:00 p.m. —Vienna Parents re soccer nets at the Vienna Community Centre Peter Reddekopp on behalf of a group of concerned parents presented a request to Council to place soccer nets at the Vienna Community Centre. Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the presentation by Vienna Parents re soccer nets at the Vienna Community Centre be received for information; AND THAT Council direct staff to proceed with procurement of soccer nets for placement at the Vienna Community Center at an upset limit of$4,000 from the Parks and Playground Reserve; AND THAT size of the nets be determined in conjunction with the Vienna Parents; AND THAT the submitted petition be filed with the Clerk. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held June 7, 2018 B. Statutory Planning Meeting Deplancke held June 7, 2018 C. Court of Revision Tollgate Road Municipal Drain held June 7, 2018 D. Special Meeting held June 14, 2018 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the minutes of the Regular Meeting held June 7, 2018, Statutory Planning Meeting re Deplancke held June 7, 2018, Court of Revision Meeting re Tollgate Road Municipal Drain held June 7, 2018 and Special Meeting held June 14, 2018 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 2018 Council Minutes June 21, 2018 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Five Year Official Plan Review B. Notice of Committee of Adjustment Decision re Knifton C. Notice of Passing of Zoning By-Law No. Z676-2018 re Parker Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT correspondence items 10.1.1-A— 10.1.1-C be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-45/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Petition for Drainage from Road Authority Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from the Municipality of Bayham's Road Operations Supervisor, Steve Adams. AND THAT Report DS-45/18 regarding the petition for drainage and for drainage improvement be received; AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. CARRIED B. Report DS-46/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application Baldwin Zoning By-Law Z677-2018 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-46/18 regarding the Zoning By-law Amendment for Baldwin be 2018 Council Minutes June 21, 2018 received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 17, 2018 associated with this application, no written submissions were received and staff advised two neighbours provided verbal support and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the retained lot from an Agricultural (Al) Zone to a Site-specific Agricultural (A1-29) Zone to recognize the reduced lot area and the severed lot be changed from Agricultural (A1) Zone to an Agricultural (Al-A) Zone to be consistent with the merged parcel to the west as a condition of Consent Application E32/18; AND FURTHER THAT Zoning By-law Z677-2018 be presented to Council for enactment. CARRIED C. Report DS-47/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application Deplancke Zoning By-Law Z678-2018 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Staff Report DS-47/18 regarding the Zoning By-law Amendment for Deplancke be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held June 7, 2018 associated with this application, no verbal or written submissions were received and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the retained lot from an Agricultural (A1) Zone to a Site-specific Agricultural (A1-30) Zone to recognize the reduced lot area and the severed parcel be changed from Agricultural (Al) Zone to a Rural Residential (RR) Zone to be consistent with the merged parcel to the south as a condition of Consent Application E3/18; AND THAT Zoning By-law Z678-2018 be presented to Council for enactment. CARRIED D. Report DS-48/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Official Plan Review Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report DS-48/18 regarding the Official Plan Review be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meetings and Open House associated with the Municipality of Bayham Five Year Official Plan Review, verbal 2018 Council Minutes June 21, 2018 and written submissions were received and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Section 6.1.11.1 Sentence 3 be amended to read 'This loss of access may remove access to private lands'; AND THAT the change of wording to Section 6.1.11.1 is minor in nature and that no further public notice is required; AND THAT Council direct staff to bring forward a by-law to adopt the Municipality of Bayham Official Plan Amendments in accordance with the Municipality of Bayham Official Plan Five Year Review for Council consideration. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Minutes of Long Point Region Conservation Authority Board of Directors meeting held May 2, 2018 B. Long Point Region Conservation Authority re new General Manager, Secretary-Treasurer C. Ontario Provincial Police re Update on Initiatives D. Bayham Beachfest Committee re Outdoor Special Occasion Permit Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence items 11.1.1-A— 11.1.1-D be received for information. CARRIED Council recessed for the Planning Public Meeting at 7:29 p.m. and reconvened at 7:39 p.m. 11.1.2 Requiring Action A. Trinity Anglican Church re Financial Assistance request to refurbish tombstone in Church yard cemetery Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT correspondence from Trinity Anglican Church re Financial Assistance be received for information; AND THAT Trinity Anglican Church be advised of the Donation Request Policy as adopted with By-Law No. 2016-056. CARRIED 2018 Council Minutes June 21, 2018 11.2 Reports to Council A. Report CAO-51/18 by Paul Shipway, CAO I Clerk re Enabling Accessibility Fund — Small Projects Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-51/18 re Enabling Accessibility Fund — Small Projects be received for information; AND THAT Council direct staff to make application to the Enabling Accessibility Fund — Small Projects for a Straffordville Library Elevator utilizing the Working Capital Reserve to obtain Class 'A' Estimates for the application. CARRIED B. Report CAO-52/18 by Paul Shipway, CAO I Clerk re Ontario Trillium Foundation — Capital Stream Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-52/18 re Ontario Trillium Foundation — Capital Stream be received for information; AND THAT staff be directed to make application to the Ontario Trillium Fund — Capital Stream for the Port Burwell Shed — Pavilion Conversion as outlined within Report CAO 52/18. CARRIED C. Report CAO-53/18 BY Paul Shipway, CAO I Clerk re Engineering Services — Capital Item PW-25 Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Report CAO-53/18 re Engineering Services — Capital Item PW-25 be received for information; AND THAT staff be directed to end all works with Meritech Engineering effective May 24, 2018; AND THAT staff be directed to commence works with Spriet Associates to issue tender for the Capital Item PW-25 capital works in 2018, to be approved by the 2018-2022 term of Council in December 2018; AND THAT staff be directed to utilize the services of Spriet Associates for the purposes of the Ontario Community Infrastructure Fund - Top-Up Program for Substage 1C and Substage 1D of the Port Burwell Storm Sewer System. CARRIED 2018 Council Minutes June 21, 2018 Council recessed at 7:55 p.m. and reconvened at 8:00 p.m. for the Drainage Public Meeting. 12. BY-LAWS A. By-Law No. 2018-056 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Tollgate Road Municipal Drain (This by-law follows the recommendation made in Report DS-35/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Court of Revision of June 7, 2018) (Third and Final Reading) B. By-Law No. Z677-2018 Being a by-law to further amend By-Law No. Z456-2003, Baldwin (This by-law follows the recommendation made in Report DS-46/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 21, 2018) C. By-Law No. Z678-2018 Being a by-law to further amend By-Law No. Z456-2003, Deplancke (This by-law follows the recommendation made in Report DS-47-18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 21, 2018) D. By-Law No. 2018-072 Being a by-law to authorize the execution of a Development Agreement between Gary and Sandra Parker and the Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-39/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 7, 2018) E. By-Law No. 2018-074 Being a by-law to repeal Township of Bayham By-Law No. 1914 and No. 2385 F. By-Law No. 2018-073 Being a by-law to adopt Official Plan Amendment No. 23 regarding amendments to policy and mapping changes associated in the Five Year Official Plan Review (This by-law follows the recommendation made in Report DS-48/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 21, 2018) G. By-Law 2018-076 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Vienna Line Municipal Drain (This by-law follows the recommendation in Report DS-49/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Public Meeting of June 21, 2018) (First and Second Reading only) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-Law No. 2018-056 be read a third time and finally passed; AND THAT By-Law No. 2018-076 be received for information; AND THAT By-Laws No. Z677-2018, Z678-2018, 2018-072, 2018-073 as amended and 2018-074 be read a first, second and third time and finally passed. CARRIED 2018 Council Minutes June 21, 2018 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None. 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-075 Being a by-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Confirming By-Law No. 2018-075 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 8:25 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 21, 2018 7:30 p.m. — Official Plan Five Year Review Amendments PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding Official Plan Five Year Review Amendments to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by The Corporation of the Municipality of Bayham The purpose of the public meeting is to consider an application for Municipal Council to hear and consider public comments related to the proposed draft Official Plan policies prepared as part of the Five-Year Official Plan Review. There will be a presentation on the draft policies by the Municipal planning consultant at the beginning of the meeting followed by public and stakeholder opportunity to formally address Council regarding the proposed amendments. Written comments will be received for consideration up until the time of the 2018 Planning Meeting Minutes OPA Five Year Review Amendments June 21, 2018 public meeting. The draft amendments and background report are posted on the Municipal website, www.bayham.on.ca. The proposed Five-Year Official Plan amendment will ensure the Official Plan of the Municipality of Bayham is up-to-date; has regard to matters of Provincial interest; is consistent with the Provincial Policy Statement 2014; is consistent with the Elgin County Official Plan; and ensures the policies and map schedules continue to address local land use planning priorities and changing community needs, as well as other site-specific issues which will affect certain land uses and/or areas of the Municipality. No key map is provided as the proposed amendment applies to the entire Municipality. The effect of this meeting will be to finalize amendments for Council adoption of the Five-Year Official Plan Draft Amendment document for application to the County of Elgin for approval 5. PUBLIC PARTICIPATION William Pol from IBI Group provided an overview of the Official Plan Review process. 6. CORRESPONDENCE There was no written correspondence received. Staff received one verbal comment on June 21st prior to the meeting from Mr. B. Graydon in support of the re-designation of industrial lands in the industrial park area. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT By-Law No. 2018-073 be considered at the regular meeting of June 21, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Five Year Review Amendments is now complete at 7:39 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 21, 2018 8:00 p.m. —Vienna Line Drain PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Randy Underhill Chad Underhill 1. CALL TO ORDER Mayor Ens called the public meeting to order at 8:00 p.m. and asked those in attendance for the Drainage Public Meeting regarding the Vienna Line Drain to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PURPOSE OF THE MEETING A. Vienna Line Drain Public Notice Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public meeting is to consider the proposed construction of the drainage as outlined in the Vienna Line Drain Engineer's Report #216111 dated May 22, 2018 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-49/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Vienna Line Drain Chief Building Official I Drainage Superintendent, B. Knifton provided an overview of the process. 5. ENGINEERS REMARKS John Spriet provided an overview of the design. 2018 Public Meeting Minutes June 21, 2018 Vienna Line Municipal Drain 6. PUBLIC PARTICIPATION Mr. Chad Underhill had signed a petition for drainage, however once the Engineer's report was received and he was aware of the cost, he decided to have the drainage issue addressed privately and would like to withdraw his name from the petition. Councillor Ketchabaw inquired how a private drain would tie into a municipal drain. John Spriet advised that matter would be determined by the Municipality and the cost would be assessed at the same rate as others in the watershed. Mr. Randy Underhill stated concerns regarding outlet of water from the drain as designed and would prefer different ditch outlets, possibly to the west. 7. CORRESPONDENCE No written appeals were received. 8. DISPOSITION Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report DS-49/18 re Vienna Line Drain be deferred and Engineers Report#216111 be referred back to the Municipal Engineer for further consideration; AND THAT pursuant to the Drainage Act, Engineer fees be apportioned to the petitioner removed from the petition for drainage CARRIED 9. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. CARRIED MAYOR CLERK REPORT BY-LAW DEPARTMENT 4up0rtunity Is.' TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: July 19, 2018 REPORT: BL-01/18 FILE NO. C07 SUBJECT: ANIMAL RESCUE FACILITY BACKGROUND: As Council will recall, at the meeting held October 3, 2013, ZONING By-Law Z624-2013 was passed to rezone the property known as 54726 Calton Line, owned by Teresa Pressey and permit an animal kennel with a maximum of three (3) domesticated animals. It is the intent of Ms. Pressey to continue to operate an Animal Rescue Facility which is permitted as per the Municipality of Bayham Dog Control By-Law 2015-113. In order to continue to operate an approved Animal Rescue Facility, Ms. Pressey must provide annually: • A report to the Municipality with information, as outlined in By-Law 2015-113 regarding the adoption of dogs • A letter from the primary veterinarian confirming the continued provision of medical care for the pets to continue to qualify as an Animal Rescue Facility. DISCUSSION: Ms Pressey has provided the required information. Therefore, Council is requested to provide approval that the facility located at 54726 Calton Line, owned by Teresa Pressey be recognized as an Animal Rescue Facility for the year ending December 31, 2018 and is exempt from the requirement to pay a dog licence fee for dogs that are in possession of the Animal Rescue Facility for the purpose of rescue and adoption for less than a one year period. RECOMMENDATION 1. THAT Report BL-01/18 re Animal Rescue Facility be received for information; 2. AND THAT according to By-Law 2015-113, Section 5, the Council of the Municipality of Bayham authorizes Teresa Pressey to operate an approved Animal Rescue Facility at 54726 Calton Line, for up to three dogs at a time, for the year ending December 31, 2018; 3. AND THAT the Animal Rescue Facility is exempt from the requirements to pay a licence fee for dogs in the facility for the purpose of rescue and adoption for the first year from the date such dog is harboured by or in the possession of the Rescue Facility. Respectfully Submitted by: Reviewed by: Randy White 11 Fire Chief/By-Law Enforcement Officer ° • 'nista sr $AY REPORT FIRE DEPARTMENT °rtunity I5-•40 4. TO: Mayor & Members of Council FROM: Randy White, Fire Chief DATE: July 19, 2018 REPORT: FR-03/18 SUBJECT: MANDATORY TRAINING, 0 REG. 379/018 UNDER THE FPPA BACKGROUND: On March 1St, 2018 staff presented FR-01 regarding the Ministry of Community Safety & Correctional Services (MSCSC) proposed new regulations under the Fire Protection & Prevention Act (FPPA) related to new requirements for mandatory training and certification, along with new community risk assessments and public reporting. The new regulations were passed and MCSCS has established mandatory certification requirements set out by the National Fire Protection Association (NFPA) for all newly hired firefighters for the following positions: i. Suppression Firefighters iii. Technical Rescuers ii. Pump Operators iv. Fire Educators These requirements come into force July 1, 2019 with the exception of technical rescuers which come into force January 1, 2021. In addition, MCSCS requires that mandatory certification also set out by the NFPA apply to existing firefighters currently employed or appointed in fire departments across Ontario, including: i. Fire Inspectors iv. Hazardous Materials Personnel ii. Fire Investigators v. Fire Dispatchers iii. Fire Instructors vi. Fire Officers These mandatory certification requirements apply to existing firefighters given that these roles are exposed to increased risk of liability, including risk to the individuals performing these roles. These requirements come into force January 1, 2020 to give fire departments additional time to train and certify their staff. MANDATORY CERTIFICATION Item Column 1 Column 2 Fire protection service Certification 1. Fire suppression activities, if the level of service NFPA 1001, "Standard for Fire Fighter provides for exterior attack only Professional Qualifications", 2013 Edition, Level I 2. Fire suppression activities, if the level of service NFPA 1001, "Standard for Fire Fighter provides for exterior and interior attack Professional Qualifications", 2013 Edition, Level II 3. Pump operations NFPA 1002, "Standard for Fire Apparatus Driver/Operator Professional Qualifications", 2017 Edition. Chapter 5 4. Supervise other firefighters NFPA 1021, "Standard for Fire Officer Professional Qualifications", 2014 Edition, Level I 5. Develop, implement or deliver a public education NFPA 1035, "Standard on Fire and Life Safety program and supporting materials Educator, Public Information Officer, Youth Firesetter Intervention Specialist and Youth Firesetter Program Manager Professional Qualifications", 2015 Edition, Chapter 4, Level I 6. Fire prevention inspections or plans examination NFPA 1031, "Standard for Professional activities Qualifications for Fire Inspector and Plan Examiner". 2014 Edition. Level I 7. Training courses for fire protection services NFPA 1041, "Standard for Fire Service Instructor Professional Qualifications", 2012 Edition, Level I 8. Dispatch fire department resources (personnel and NFPA 1061, "Professional Qualifications for equipment) Public Safety Telecommunications Personnel", 2014 Edition. Level I 9. Fire investigation activities NFPA 1033, "Standard for Professional Qualifications for Fire Investigator", 2014 Edition 10. Technical rescue activities NFPA 1006, "Standard for Technical Rescue Personnel Professional Qualifications", 2017 Edition, in accordance with the level of service provided 11. Hazardous materials response at the Technician NFPA 1072, "Standard for Hazardous Level MaterialsANeapons of Mass Destruction Emergency Response Personnel Professional Qualifications", 2017 Edition Note that items 8 and 11 will not apply to Bayham Fire & Emergency Services (BFES). Dispatch services are contracted with the Tillsonburg Fire Department and Hazardous Materials responses are not in our current level of service. Item 10 will include only the services provided as per By-law No. 2015-044, as amended, the Fire Department By-law. DISCUSSION The purpose of Report FR-03/18 is to advise Council of the financial and resource implications of the regulations and to provide a plan to meet the requirements. On average over the last several years, the Municipality of Bayham experienced a turnover of volunteer firefighters of 5 persons per year. The training costs incurred in any particular year will depend on the number of personnel hired to fill out the operating roster. Staff does not recommend changing the roster numbers at this time. For any of the training required, the Ontario Fire College in Gravenhurst provides the most competitive costing at $65 per person per course plus per diems. However, that option also requires firefighters to attend training through the week, during regular work hours. This is often not compatible with volunteer firefighters. The Municipality has had the most success utilizing the services of Regional Training Centers such Southwest Fire Academy, where training can be scheduled, in house or in Norfolk, over a series of weekends at $350 to $900 per person per course. Newly Hired Suppression NFPA 1001 I & II In-force date July 1, 2019 Recruit training has been geared to NFPA 1001 since 2014. All future training will remain NFPA 1001 and will include certification. This training has already been incorporated in the budget. Typical costs are $1,000 for courses and $500 honorarium upon successful completion for each firefighter. Although the regulation is for newly hired, BFES intends to ensure all current suppression firefighters are certified NFPA. Of the existing 42 staff, 20 are certified with 7 more probationary firefighters being tested this summer. The remaining firefighters have all received the appropriate training and plans are in place for challenging the provincial exams this year. Costs of this effort is minimal and incorporated in the current budget. Pump Operators NFPA 1002 In-force date July 1, 2019 New recruits are typically not trained on the pump and allowed to drive for at least one year. Since only 1 person on BFES is currently certified NFPA1002, it would be prudent to add existing staff to increase the numbers going forward. This would most likely be officers and/or certified instructors. In addition to plans for this year, 4 members per year going forward starting in 2019 at an estimated $600 each = $2,400. Technical Rescue NFPA 1006 (7 chapters) In-force date January 1, 2021 Only 3 of the 7 rescue types are applicable to BFES. The department doesn't do 1) confined space, 2) structural collapse, or 3) trench rescue. Although BFES does do vehicle extrication, the vehicle rescue chapter is far more extensive than the typical call BFES responds to. The intern period is also 2 years, so this doesn't have to start until 2022/23. However, the department will need existing staff certified 1006 in addition to the newly hired as required by the new regulation. This will be the biggest impact with a proposed 14 members of the department being certified at an estimated cost of @$1,800 = $25,200. This is going to occur over 2019 and 2020, with an annual cost thereafter being new staff estimated at 4 members = $7,200. Fire Educators NFPA 1035 In-force date July 1, 2019 BFES will have only 2 NFPA 1035 staff, one from each station. Currently it's a Captain from each station and staff doesn't foresee having to add more in the coming years. They are both registered for the course this year so the impact on forthcoming budgets will be nil. Newly Hired and Existing Firefighters Fire Officers NFPA 1021 level I In-force date January 1, 2020 Total BFES officer staff is 12. There are currently 7 officers that are certified NFPA 1021 (both level I & II). 5 more would be needed to cover existing staff, with likely no more than 1 per year for attrition and succession planning. It's planned that at least 4 of the current members would get 1021 this year at $500 = $2,000. For 2019 and forward, 1 per year at $500. Fire Inspectors NFPA 1031 In-force date January 1, 2020 This is going to be a contracted service or done by the Fire Chief. If turned over to a member in the future, it would make most sense to use the Ontario Fire College at a cost of $1,000. Not currently budgeted. Fire Investigators NFPA 1033 In-force date January 1, 2020 The Fire Chief is NFPA 1033. This could be contracted in the future or, if turned over to a member, it would make most sense to use the Ontario Fire College at a cost of-$6,000. Not currently budgeted. Fire Instructors NFPA 1041 level I In-force date January 1, 2020 This ties in with officers and should include senior FFs. There are currently 8 instructors and we should have 3 or 4 more at a cost of$2,000 (4). This could be done this year or split into this and next. Going forward would be the same as officers at $500 annual. None of the above costs include per diems at -$100 per day. Pump Ops = $250 Tech Rescue = $250 per each of the 3 courses Officers = $250 Instructors = $250 All the above assume regional training centre 2.5 day weekend courses. Cost additions to the existing training budget to ensure compliance with the new regulations. NFPA Per NFPA Per NFPA Per NFPA Per TOTAL 1002 Diems 1006 Diems 1021 Diems 1041 Diems 2019 $2,400 $1,000 $12,600 $5,250 $500 $250 $500 $250 $22,750 2020 $2,400 $1,000 $12,600 $5,250 $500 $250 $500 $250 $22,750 2021 $2,400 $1,000 $7,200 $3,000 $500 $250 $500 $250 $15,100 2022+ $2,400 $1,000 $7,200 $3,000 $500 $250 $500 $250 $15,100 Other than the technical rescue components (NFPA 1006), the effect of the mandatory training will add 1 - 2% to the overall fire budget. Technical rescue will be another-2% not including the impact of bringing current staff up to that level. This is, in theory, optional since NFPA 1006 is included in the newly hired firefighters section rather than existing. However, existing technical rescue teams need to be brought to the standard that Ontario fire departments will have to answer to going forward. Although the previous Premier announced that the mandatory training will be completely funded, there has been no indication from the new government on how this to be managed, or even confirmed that any assistance will exist. Groups such as the Ontario Association of Fire Chiefs (OAFC) continue to lobby to government to provide funding to meet the requirements. To help mitigate the impact of the cost of mandatory certification, BFES plans to increase the level of in-house training once sufficient instructors are certified in the appropriate standards. Successful implementation of such a program would significantly reduce the costs, though requiring additional time commitments from BFES senior staff. Bayham has successfully done this in the past and it's only the changing of the standards from Ontario specific to NFPA that negated those efforts. Currently under consideration at the County is the hiring of a Fire Training Officer that would assist in the coordination and delivery of the required training. A more cost effective solution could be leveraged with the cooperation of all Elgin Fire Departments. RECOMMENDATION: 1. THAT Report FR-03/18 re Mandatory Training be received for information; 2. AND THAT projected costs be referred to 2019 operating budget deliberations. Respectfully Submitte : Reviewed by. 4111 Randy White '.u ay/ Fire Chief/By-law Officer ,CAO/Clerk voN.ICH1/4 REPORT '� FIRE DEPARTMENT 0,,,_ Jrtunity Is' TO: Mayor & Members of Council FROM: Randy White, Fire Chief DATE: July 19, 2018 REPORT: FR-04/18 SUBJECT: FIREFIGHTER REMUNERATION, 1ST HALF OF 2018 BACKGROUND: The 2018 operational budget allocated $115,000 for firefighter remuneration. At the pay period ending May 31, 2018, a total of over $94,000 was paid out, constituting 82% of the annual total in the first six months. While there has been a trend to increased call volumes over the last several years, the amount of remuneration for the last period was anomalous and attributable to two primary factors. The Martin Apple barn fire was an extreme event that, due to the size and complexity of the fire, engaged all Bayham resources for almost 25 straight hours. The total number of points earned by the firefighters involved at this fire came to a total cost of $13,238 or^-12% of the annual budget. The second factor is a single resident that has been calling 911 for medical assistance on multiple occasions. This resident's complaints resulted in Fire being tiered to respond 12 times during the pay period. The points awarded for these calls gave rise to a remuneration expenditure of—$3500, or 3% of the budget. Without the costs of these two events, the total remuneration for the 1st half would have been —$77,500, still over the target of$57,500, but 67% of the budget instead of 82%. DISCUSSION: There is generally little that can be done to mitigate the high costs associated with a large scale fire event such as the Martin Apple barn fire. The primary way to avoid these costs is with an intensive fire prevention and inspection campaign to potentially stop emergency calls prior to occurring. Depending on the cause of the fire, even these efforts do not always prevent such fires. Fire Marque is in the process of trying to recover some of the costs associated with this incident through insurance, but the timing and amount is currently unknown. Avoiding 'frequent flyer' medical calls is also problematic. Discussions have been carried out with both the Central Ambulance Communications Centre (CACC) that dispatch EMS and tier fire, as well as Medavie, the EMS provider in Elgin. With both parties, a flag can be attached to the address that would cause Fire to not be tiered. However, the criteria for not sending Fire is restricted to the address. Should a medical emergency occur at that address that does not involve the regular caller, Fire would not be sent. While we have had a large volume of calls involving only the one person, we would run the risk of not responding to a legitimate emergency. RECOMMENDATION: 1. THAT Report FR-04/18 re Mandatory Training be received for information; Respectfully Subm. t d by: Reviewed by: Randy White a " ipw-y Fire Chief/By-law Officer C A 0/Clerk -60 1-1A4 i�f '""4`.""1111 PLANNING ACT lkNOTICE OF THE PASSING OF 'to <� ZONING BY-LAW Z677-2018 BY A'p°rt..1 ty is-4° THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: BALDWIN TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z677-2018 on the 21St day of JUNE 2018 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 11th day of July, 2018 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is change the zoning regulations on the 15.8 ha (39 acres) retained lot from an Agricultural (Al) zone to a Site-specific Agricultural (A1-29) zone in order to recognize the reduced lot area and change the zoning on the 11.5 ha (28 acres)severed lot from Agricultural (Al) zone to an Agricultural (Al-A) zone consistent with the merged lands to the west in Zoning By-law Z456-2003. The subject lands are located on the south side of Bayham Drive, south of Talbot Line known as 14077 Bayham Drive. THE EFFECT of this By-law will be to fulfil two conditions of the consent application E73/17, resubmitted as E32/18. Firstly, to recognize the reduced lot area of the retained agricultural parcel and secondly to change the severed lands to a zone consistent with the merged parcel to the west. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Local Planning Appeals Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Local Planning Appeals Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22nd DAY OF JUNE 2018. KEY MAP MUNICIPALITY OF BAYHAM r -4 Margaret Ur I� ` Deputy Clerk/Planningndehill Coordinator Municipality of Bayham )..2.-.176,,,,,E ` 56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 F: 519-866-3884 W: www.bayham.on.ca p E: munderhillbayham.on.ca [SUBJECTLANDS 11, „, , /-\----'11 ,. : i,) ...._, _ _ NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. $paHAof �E�"" PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z678-2018 BY portyn;tyTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: DEPLANCKE TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z678-2018 on the 21St day of JUNE 2018 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 11th day of July, 2018 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is change the zoning regulations on the 11 ha (27 acres) retained lot from an Agricultural (A1) zone to a site-specific Agricultural (A1-30) zone in order to recognize reduced lot area; and change the zoning on 400 m2 (0.1 acres) of lands from Agricultural (A1) zone to a Rural Residential (RR) zone consistent with the merged lands to the south in Zoning By-law Z456-2003. The retained lands are located on the south side of Eden Line, east of Sandytown Road known as 56055 Line and the merged lands are located on the east side of Sandytown Road, south of Eden Line known as 10342 Sandytown Road. THE EFFECT of this By-law will be to fulfil two conditions of the consent application E3/18. Firstly, to recognize the reduced lot area of the retained agricultural parcel and secondly to change the severed lands to a zone consistent with the merged parcel to the south. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22nd DAY OF JUNE 2018. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160. Straffordville, ON, NOJ 1Y0 ari T: 519-866-5521 Ext 222 F: 519-866-3884 W: www.bayham.on.ca SUBJECT LANDS E: munderhill(a)bayham.on.ca is NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is presently set at$300.00 by the Province of Ontario. Municipality of Bayham PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 23 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2018-073 on the 21st day of June 2018 in accordance with Sections 17 and 26 of the PLANNING ACT. THE PURPOSE of the official plan amendment is to ensure the Municipality of Bayham Official Plan is up-to-date; has regard for matters of Provincial interest; is consistent with the Provincial Policy Statement 2014; is consistent with the Elgin County Official Plan; and ensures that the policies and map schedules address local land use planning priorities and changing community needs, as well as other site-specific issues affecting certain land uses and/or areas of the Municipality. No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of amendment will be to implement updates of the Official Plan identified through the Official Plan Five-Year Review process. THE COMPLETE By-law 2018-073 Official Plan Amendment No. 23 is available for inspection in the Bayham Municipal office during regular office hours and on the municipal website: www.bayham.on.ca/pages/official-plan ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, Attention: Steve Evans. The official plan amendment is exempt from approval under subsection 17(9) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 4th DAY OF JULY 2018. Margaret Underhill Deputy Clerk/ Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(ubayham.on.ca W: www.bayham.on.ca SAY 1 , REPORT DEVELOPMENT SERVICES t` , y �c �pOi'tunity Is1Co4. TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: July 19, 2018 REPORT: DS-50/18 FILE NO. C-07 SUBJECT: 2ND QUARTER REPORT BACKGROUND: The purpose of this report is to inform Council of the activities of the Building Services and Drainage department for the second quarter of the year for 2018. DISCUSSION: Building Services: The summary of building permits issued in the second quarter is as listed on the chart below: Year 2018 2017 2016 No. permits issued 54 57 54 Permit fees $56,953 $54,486 $51,657 Construction Value $5,111,913 $4,477,123 $3,757,420 Houses 6 8 8 Farm Buildings 8 5 2 Other 40 44 44 Drainage: Drainage work for the second quarter of 2018 is noted below: New Drains: Drain Name Status Centre Street Drain North Contract awarded waiting for Contractor Firehall Drain Completed, final grading done Tollgate Drain Tenders out for bids Fearnley Drain Contract awarded waiting for contractor Sproul Drain Branch Completed, final grading done Alward Drain Construction completed Timmermans Drain Redesign in progress Drain Maintenance: Drain Name Status Elliott Road Drain #1 Tile repair Eden Drain Catch basin repair Deli Drain Tile repair RECOMMENDATION 1. THAT Staff Report DS-50-18 regarding the activities of the Building Services & Drainage Department for the second quarter of 2018 be received for information. Respectfully Submitted by: Bill Knifton / 'a a� Chief Building Official CAO Drainage Superintendent iNx,YHAdvi REPORT ., i„ DEVELOPMENT SERVICES �' TI . cv 04. p�°''tunny IS' TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official Drainage Superintendent DATE: July 19, 2018 REPORT: DS-51-18 FILE NO. C-07/E09 SUBJECT: TOLLGATE ROAD DRAIN AWARD CONTRACT BACKGROUND: The purpose of this report is to recommend the acceptance of the lowest complete tender bid for the provision of drainage works for the Tollgate Road Municipal Drain. The final reading was given to Provisional By-Law No. 2018-056 that provides for the construction of the Tollgate Road Municipal Drain on June 21, 2018. The estimated cost of construction as per Spriet's report No. 213140 is $3,400.00 (plus HST). Tender forms were prepared by Spriet Associates. The tender invite notice provided for a closing date of July 10, 2018 at 12pm. The following tender was received by closing: 1. B. Provoost Excavating Ltd. (received Tender Form and Draft in the amount of $480.25) tender in the amount of$4,250.00 (plus HST) to commence work on or before October 1, 2018 and to complete work on or before February 28, 2019. DISCUSSION: The engineer's estimated cost for construction of the works as contained within the report is $3,400.00 (plus HST). Section 59(1) of the Drainage Act states that where the contract price exceeds 133% of the engineer's estimate of the contract price, Council of the initiating municipality is required to call a meeting to deal with the necessary modifications. The lowest tender bid amount was $4,250.00 (plus HST) which is under 133% of the Engineers estimate; therefore the tender of the lowest bidder can be accepted. RECOMMENDATION 1. THAT Staff Report DS-51-18 re Tollgate Road Drain Award Contract be received for information: 2. AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Tollgate Road Municipal Drain, as submitted by B. Provoost Excavating Ltd., in the amount of$4,250.00 (plus HST), with work to commence on or before October 1, 2018 and be completed on or before February 28, 2019; 3. AND THAT By-Law 2018-077, being a by-law to authorize the execution of contract documents with B. Provoost Excavating Ltd. be presented to Council for enactment. Respectfully Submitted by: Bill Knifton Paul Shipway Chief Building Official I CAOICIerk Drainage Superintendent June 25, 2018 AMO Stands with Canada and Ontario on NAFTA At its June 21St meeting AMO's Board of Directors passed a resolution in support of the Governments of Canada and Ontario successfully resolving the North American Free Trade Agreement (NAFTA) renegotiation. The Board calls on member municipalities to consider the resolution (below) to express local support. Fair trade with the United States of America and Mexico has been the cornerstone of Canada's and Ontario's economy for many years. Since the Canada-US Free Trade Agreement (FTA) came into force in 1989 and NAFTA in 1993, Ontario's economy has become more integrated with the US and Mexico to the mutual benefit of residents and businesses. These relationships reinforce our prosperity and openness. Changes to NAFTA could have major repercussions on the prosperity of Canada's local, regional and national economies. In passing this resolution AMO, and municipal governments across Ontario, are sending a strong message that municipal leaders stand with and support our provincial and federal governments in ensuring fairness and prosperity for Canadians. Municipal Councils are encouraged to consider and pass this resolution copying Prime Minister Trudeau, Premier Designate Doug Ford, AMO and the Federation of Canadian Municipalities. AMO Contact: Craig Reid, Senior Policy Advisor, creid@amo.on.ca, 416-971-9856 ext. 334. NAFTA RESOLUTION That the AMO board approve the proposed NAFTA resolution to be shared with members, the Federal Government, the Provincial Government, and Federation of Canadian Municipalities (FCM). WHEREAS, the North American Free Trade Agreement (NAFTA) governs nearly every aspect of Canada and the United States economic relationship including manufacturing, agriculture, resources industries, and services; WHEREAS, about 80% of all of Ontario's exports go to the United States and Ontario is the top trading partner of half of all American States; WHEREAS, even minor changes to the established trade relationship between Canada and the United States could have significant consequences for workers, consumers, and governments on both sides of the border; WHEREAS, Canada's and Ontario's economic future and the continued well-being of communities and their local economies depend on free and fair trading relationships based in current future trade agreements; Therefore, be it: resolved that Ontario municipal governments, represented by the Association of Municipalities of Ontario (AMO), stand together with the Federal and Ontario governments in their efforts to protect Canadian jobs and local economies; RESOLVED that AMO will work with the Province of Ontario to support the interests of municipalities and communities affected by trade disputes and during ongoing trade agreement negotiations; RESOLVED that AMO will work with the Federation of Canadian Municipalities to ensure that Canada understands the municipal impacts affected by trade disputes and during ongoing trade agreement negotiations; and be it further RESOLVED that supports AMO's resolution. DISCLAIMER: Any documents attached are final versions. AMO assumes no responsibility for any discrepancies that may have been transmitted with this electronic version. The printed versions of the documents stand as the official record. OPT-OUT: If you wish to opt-out of email communications from AMO,please click here. Piol •kssnciaibnn pf Muniapalthes Ontario ONTARIO SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS 16586 Woodbine Avenue Stouffville,ON L4A 2W3 wk. Phone:905-898-7122 Qt:Y 'eo O NTA R I O 4 S P CA INVESTIGATIONS Report Cruelty:310SPCA NuesnrnnnNs Fax:905-853-8643 e( . ANO'MANE SOCIETY Email:cruelty@ospca.on.ca PPOIECwe ANIMAS SING[INl - EC C E I Website: ontariospca.ca Charitable Registration#88969 1044 RR0002 JUN 2 6 2018 June 18, 2018 To Municipal Clerk, MUNICIPALITY[War The Ontario SPCA is launching the 2018 No Hot Pets campaign on June 21st with the goal to educate the public on the dangers of leaving pets unattended in vehicles during the summer months and we are requesting your municipality's support. "I left the window down for him" "I wasn't going to be gone long"We've heard it all! The issue of owners leaving their pets in their vehicles during the hot summer months, putting animals' safety at risk and even causing death, is a serious and ongoing problem across Ontario. There is NO excuse for leaving a pet unattended in a vehicle! The Ontario SPCA has less than 75 officers on the road, to patrol the whole province. Due to our limited resources, we simply cannot respond to every single call and rely heavily on police and animal control to help respond to the 1000+ calls we receive every summer about dogs in cars. When we don't have an officer nearby or the call comes in after hours, it is dispatched to the local police in that area. If municipalities have an Animals in Vehicles by-law in place, their animal control officers can step in when the Ontario SPCA or police are not available to educate or lay charges under the by-law and potentially safe a life. Below is an excellent example of a by-law we are respectfully asking you to bring forth to your City Council to have passed. This would make a HUGE difference in the lives of pets in your community. Animals in Vehicles 1.(1) No person shall leave an animal unattended in a motor vehicle unless: (230-14) a) The animal is restrained in a manner that prevents contact between the animal and any member of the public; and b) The animal has suitable ventilation. 2) Notwithstanding subsection 1.(1) of this By-law, no person shall leave an animal unattended in a motor vehicle if the weather conditions are not suitable for the animal to remain free from distress or injury. 3) Notwithstanding subsection 1.(1) of this By-law, no person shall transport an animal outside the passenger compartment of any motor vehicle unless the animal is contained in a kennel or similar device that provides adequate ventilation, adequate space, protects the animal from the elements and is securely fastened in such a manner to prevent distress or injury to the animal. For more information on the No Ho Pets campaign, visit nohotpets.ca. Please let us know if you can count on your municipality's involvement by emailing nohotpets@ospca.on.ca. Thank you for your support. Sincerely, Connie Mallory Chief Inspector Ontario SPCA LONG POINT REGION CONSERVATION AUTHORITY .„.,,.M BOARD OF DIRECTORS MINUTES of June 6, 2018 Approved July 4, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, Dave Hayes and John Scholten Staff in attendance: J. Maxwell, L. Minshall and D. McLachlan Regrets: Craig Grice The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, June 6, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-103/18 moved: R. Geysens seconded: W. Casier THAT the minutes of the LPRCA Board of Directors Regular Meeting held May 2, 2018 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES No questions or comments FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - MOTION A-104/18 moved: D. Hayes seconded: R. Geysens THAT the minutes from the Backus Museum Committee meeting of April 11, 2018 be received as information. CARRIED MOTION A-105/18 moved: W. Casier seconded: D. Hayes THAT the minutes from the Lee Brown Marsh Management Committee meetings of December 21, 2017 and February 23, 2018 be received as information. CARRIED CORRESPONDENCE MOTION A-106/18 moved: D. Hayes seconded: D. Beres THAT the correspondence outline in the Board of Directors Agenda of June 6, 2018 be received as information. CARRIED DEVELOPMENT APPLICATIONS a) Hearing LPRCA— 81/18 — Richard and Jean Hamel The Hearing was deferred as Mr. and Mrs. Hamel were not in attendance. Staff to follow up. b) Hearing LPRCA— 86/18 — Dave and Franca Hewson Staff received an email earlier in the day from the Hewson's engineer requesting deferral to allow for the generation of a new proposal. Deferral was granted. c) Staff Approved applications Staff approved 17 applications since the last meeting. LPRCA-67/18,LPRCA-68/18, LPRCA-69/18, LPRCA-70/18, LPRCA-71/18, LPRCA-73/18, LPRCA-75/18, LPRCA- 77/18, LPRCA-78/18, LPRCA-79/18, LPRCA-84/18, LPRCA-87/18, LPRCA-90/18, LPRCA-91/18, LPRCA-94/18, LPRCA-95/18 and LPRCA-96/18. MOTION A-107/18 moved: R. Geysens seconded: W. Casier That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated May 28, 2018 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2- d) New applications The Planning Department recommended approval for three applications MOTION A-108/18 moved: D. Beres seconded: D. Hayes THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 188/06), LPRCA-37/18 LPRCA-88/18 LPRCA-99/18 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED NEW BUSINESS a) ACTING GENERAL MANAGER'S REPORT The Acting GM highlighted some of the most recent operational activities of the various departments over the past month. The hydro issues at Waterford North Conservation Area and the logistics for Wi-Fi at the parks was reviewed and discussed. MOTION A-109/18 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors receives the Acting General Manager's Report for May 2018 as information. CARRIED b) NATIONAL DISASTER MITIGATION PROGRAM — RIVERINE FLOODPLAIN MAPPING The National Disaster Mitigation Program (NDMP) is ending and this is the last opportunity to apply for funding. The program pays 50% of the cost for updated flood mapping, flood mitigation planning and small scale mitigation works. Staff proposed to FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3- submit an application to update riverine floodplain mapping in the Long Point Region watershed's most vulnerable damage centres. The project would provide up-to-date digital data, maps and computer modeling tools to assist in flood forecasting and warning, and flood emergency response. MOTION A-110/18 moved: W. Casier seconded: R. Chambers THAT LPRCA supports the project to update floodplain mapping in the watershed's most vulnerable flood damage centres, and THAT LPRCA make application to the National Disaster Mitigation Program for funding to update riverine floodplain mapping, and THAT LPRCA plan during its 2019 budget discussions to contribute 50% of the total project cost of$240,000, with 43% from Capital Reserves and General Levy— Capital, and 7% in-kind staff time, as its share of the matched funds. CARRIED c) NORFOLK COUNTY SHORELINE FLOOD AND EROSION HAZARD STUDY Staff proposed to submit a second application to the National Disaster Mitigation Program (NDMP). This application has been proposed to update flood and erosion hazard mapping along the 90 km of Lake Erie shoreline in Norfolk County. The area was last mapped in 1988-89. The updated digital data can be used to prepare flood and erosion risk assessment, wave uprush information and flood zone maps to assist in flood warning and flood emergency response. MOTION A-111/18 moved: R. Chambers seconded: J. Scholten THAT LPRCA supports the project to update shoreline flood and erosion hazard mapping in Norfolk County, and THAT LPRCA make application to the National Disaster Mitigation Program for funding to carry out the project, and THAT LPRCA plan to contribute 12% of the total project cost of$250,000, with 5% from Capital Reserves and 7% in-kind staff time, as its share of the matched funds, and THAT a letter be sent to Norfolk County requesting support for the project and consideration of its share of the matching funds of$96,200 over 2 years in 2019-2020. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4- MOTION A-112/18 moved: R. Geysens seconded: W. Casier THAT the LPRCA Board of Directors does now enter into a closed session to discuss: O personal matters about an identifiable individual, including Conservation Authority employees O a proposed or pending acquisition or disposition of land by the Conservation Authority CARRIED MOTION A-113/18 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-114/18 moved: N. Haydt seconded: D. Hayes THAT the LPRCA Board of Directors receives the Acting GM's confidential update regarding the property matter- Tillsonburg as information. CARRIED MOTION A-115/18 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors receives the Acting GM's confidential update regarding the property matter— Port Burwell as information. CARRIED The Chair adjourned the meeting at 9:00pm. f M' ael Columbus Dana McLac an hair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5- Elglnrounty June 29, 2018 To: Municipal Partners RE: POA Courthouse Please be advised that the following recommendation was adopted by Elgin County Council at its meeting held on June 26, 2018: "THAT POA Court Facility project be awarded to the Southside Construction for $4,553,000; and, THAT staff be directed to implement cost saving measures with Southside Construction of approximately $300,000; and, THAT Elgin County petition for a municipal drain with a budget line item of $200,000 being included in the POA Facilities project; and, THAT the local municipal partners be informed of the award of tender and the change notice for the POA Facilities project. - Carried. (signed) Warden David Marr" Attached for your information is a copy of the report titled "POA Courthouse Tender Results". This report provides a summary of discussions with MAG surrounding courthouse space, the tender process and tender results. If you have any questions or comments, please do not hesitate to contact the County of Elgin. Yours truly, ci,..__. 4 .,9 Jim Bundschuh, Director of Financial Services Enclosure County of Elgin Administrative Services 450 Sunset Drive cc Leesa Shanley, POA Supervisor, Elgin County St.Thomas,ON N5R5V1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature 7.0 f/]Elgin��oui1ty p„lassl.a fuf0 REPORT TO COUNTY COUNCIL Gi FROM: Jim Bundschuh, Director of Financial Services DATE: June 20, 2018 SUBJECT: POA Courthouse Tender Results INTRODUCTION: The April 11, 2017 "POA Court Facilities" report to Council reviewed the response from Ministry of the Attorney General (MAG) regarding leasing court space at Wellington Street. MAG was willing to lease court space on a per diem basis for special trials/situations but would not lease courts/offices for ongoing operations. A subsequent report to Council dated August 29, 2017 was approved recommending "THAT staff be directed to work with the approved architect to refine the POA facility needs for construction in spring of 2018." The last related report to Council dated December 11, 2017 recommended that the budget for the project be $3.5 million based on using the lower end of construction rate estimates provided by the Ventin Group of$330 per square foot (psf). Ventin Group warned of the risk of construction costs escalating as the availability of trades appeared to be becoming scarce. Rather than speculating on future pricing, $330 psf, based on current pricing levels, was used for budget purposes. DISCUSSION: Of the 14 pre-qualified contractors only four submitted tenders on May 30 with the lowest tender (Southside Construction) being just under $470 psf (including furniture - see Attachment I). This cost considerably exceeds the price range provided by Ventin in December and is resulting in a total project cost of$5.4 million, an increase of$1.9 million versus the approved budget. This increase is explained by $1.6 million in increased costs due to the market conditions and $0.3 million due to a risk associated with storm water management. An investigation of recently tendered projects provides some insight. Burlington is currently building a 40,000 square foot courthouse at $400 psf. Most of the project was tendered last year prior to the escalation of pricing and they benefit from economy of scale. Niagara Region built the 20,000 square foot Welland POA Facility tendered in 2016 at $470 psf. Haldimand County closed tenders this spring on two projects: an administration building at $320 psf, and a library/heritage centre at $432 psf. The administration building benefited from office finishing cost versus court facility finishing costs, as well as from the economies of scale, being four times the size of Elgin's project. Court facility costs would be expected to be significantly higher given the cost of finishing in a courtroom and the cost of required prisoner detention facilities. Haldimand's library facility/heritage centre is close in size to Elgin's court facility with a tender price that is also comparable. Retendering in the fall is an option but this would likely only be beneficial if market conditions improve. It is difficult to speculate where the economy will be heading in a few months' time, and similarly difficult to speculate whether revised bids would be lower or higher. The Steering Committee is not recommending this option. Included in the tenders were options for alternatives (siding, courtroom finishes, heated sidewalk and full-building sprinklers) that would, if chosen, add a further $137,000. Given the substantial increase in pricing, the Steering Committee is not recommending including these alternatives in the construction project. The Steering Committee requested that Southside Construction provide suggestions as to how substantial cost reductions might be achieved. The net savings identified by Southside of$300,000 are shown in Attachment II. Given that net revenue from POA is not retained by the County, but instead benefits the local municipalities including the City of St. Thomas, the cost associated with the new construction will ultimately impact the net revenue provided to the local municipalities. In 2017 the gross revenue from fines/collections was $1.8 million with expenses of$1.2 million resulting in municipal partner net revenue of$0.6 million, with approximately 40% going to the City. Amortization on the budgeted project costs of $3.5 million would have increased the total annual expenses by $125,000 and the tender costs of$5.1 million would add a further $50,000. As a result, the local partner net revenue starting in 2020 would likely be approximately $0.4 million. The local municipalities have been informed of this potential impact pending Council approval to proceed. When the courts were downloaded to the County in 2001, it was understood that the admin building courtroom was a temporary situation. The local municipalities have enjoyed a windfall for an extended period, but without proper facilities being provided going forward, the municipalities risk MAG responding unfavourably. MAG could refuse to hold proceedings until the facility meets standards thereby forcing the County to build and be subject to even higher rates, or MAG could potentially revoke Elgin County's management of POA. If Elgin loses the POA operation it would result in the local partners losing all the fines/collections revenue. Therefore, it is prudent to proceed currently with the project. Of course, everything that can be done to find cost efficiencies/savings in the construction project needs to be pursued to benefit Elgin's local partners. CONCLUSION: The lowest bidder was asked to identify potential cost savings to reduce the current $475 psf cost of the project, with Southside identifying net savings of$300,000. Including cost savings, the project is $1.6 million over budget, predominately because of current market conditions driving higher than expected pricing. Currently, discussions are underway with Central Elgin to investigate storm water solutions. If some or all of the risk of storm water can be eliminated, the budget overage could be reduced by up to $0.3 million. RECOMMENDATIONS: THAT POA Court Facility project be awarded to the Southside Construction for $4,553,000; and, THAT staff be directed to implement cost saving measures with Southside Construction of approximately $300,000; and, THAT staff be directed to investigate storm water management solutions with Central Elgin; and, THAT the local municipal partners be informed of the award of tender and the change notice for the POA Facilities project. All of which is Respectfully Submitted Approved for Submission Jim Bundschuh Julie Gonyou Director of Financial Services Chief Administrative Officer Attachment I POA Courthouse Costing Summary June 12, 2018 Tender Results Southside Construction $4,553,000 Graceview Enterprises $4,730,000 Jasper Construction $5,144,000 M.J. Dixon Construction $5,273,000 Total Project Cost I 2018 Budget 30-May-18 Costs per sq/ft Costs per sq/ft Base Cost $3,157,328 $332 $4,553,000 $459 Furniture inc. in Div 12 of base cost $8 100,000 $10 Permits 17,000 17,000 Storm Water Management Risk 300,000 Ventin Group 243,114 350,581 Ventin Group Disbursements 3,000 3,000 Subtotal 3,420,442 5,323,581 HST Unrebated 60,200 93,695 Current costs $3,480,642 $5,417,276 Cost Savings Opportunities $301,730 Net Expected Costs $5,115,546 Memo: Included in Base Costs Cash Allowances Inspection and Testing $20,000 $15,000 Hydro Service 10,000 35,000 Natural Gas 20,000 25,000 Hardware 50,000 64,000 Access Control and CCTV 67,000 Contingency Allowance 140,000 140,000 Attachment II POA Courthouse Cost Savings June 12, 2018 Cost Savings Potential Architectural 1) Provide 50/50 bonding in lieu of 100/50 with a 12 month $ 11,400.00 maintenance period. 2) Delete project construction sign. 1,500 3) Delete professional photographs. 2,500 4) Delete work to Cell 110 and Interview 112.Work deleted to 19,500 include Cell Door 110 complete with glazing and hardware, swivel stools, chase door frame and hardware, modesty panels,speak-thru, interior walls, epoxy flooring, epoxy wall coating, acoustic ceiling,toilet,sink and bench heating. 5) Delete louvered roof top screen support. Work deleted to 23,400 include HSS upstands,angled support,steel support below, roofing and louvres. No unit mounted louvres have been included with this pricing. (See attached highlighted drawing showing structural steel deleted.) 6) Delete precast concrete bumper curbs. 1,200 7) Delete tree transplanting.Transplanting to be done by 6,600 Owner. 8) Revise roofing specification and scope of work. Roof to be 30,200 changed to a So pre ma 2 ply hot applied asphalt with mechanically fastened deck sheathing. Warranty included would be a 10 year manufacturer's system warranty plus a 2 year Ontario Industrial Roofing Contractors Association warranty. 9) Change flag poles to standard 25 foot poles. 2,500 10) Delete ground louvre screen and replace with wood privacy 8,500 fence. Mechanical 10) Delete BAS (controls)* 118,750 11) Reduce boiler capacity to serve current footprint only. 9,770 12) Provide in-slab piping only for future in-slab heating. Rigid (18,500) insulation has been included in this price as well. 13) Replace current two air handling units design with more 62,300 conventional roof top units. Four units should be sufficient. V+R to be involved with Barrett Mechanical.This price is for Mechanical only.There could be additional costs for steel, roofing and electrical should this option be considered. Attachment II POA Courthouse Cost Savings June 12, 2018 Cost Savings Potential Electrical 14) Revise routing of secondary hydro service and empty 5,010 communication conduit. 15) Delete generator,transfer switch and pad. Provide rough-in 97,100 for future leaving stake at the end of the conduit. Sub-Total 381,730 * Owner Costs (primarily related to BAS Controls) (80,000) Net Savings $ 301,730.00 ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF UNION GAS LIMITED Union Gas Limited has applied to dispose of certain account balances and for approval of the amount of its earnings that it must share with customers. Learn more. Have your say. Union Gas Limited has applied to the Ontario Energy Board for approval to dispose of amounts recorded in certain 2017 deferral and variance accounts and for approval of the amount of its 2017 earnings that it must share with customers. If its application is approved, Union Gas Limited says that it would have the following impact on typical customers over the six month period from January 1, 2019 to June 30, 2019: • For residential customers in Southern Ontario, a charge of$6.87 • For residential customers in North East Ontario, a charge of$6.36 • For residential customers in North West Ontario, a refund of$13.72 Other customers, including businesses, may also be affected. THE ONTARIO ENERGY BOARD IS HOLDING A PUBLIC HEARING The Ontario Energy Board (OEB)will hold a public hearing to consider the application filed by Union Gas. We will question Union Gas on the case. We will also hear questions and arguments from individual customers and from groups that represent the customers of Union Gas. At the end of this hearing, the OEB will decide whether the amounts and the charges or credits requested in the application will be approved. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review the application filed by Union Gas on the OEB's website now. • You can file a letter with your comments, which will be considered during the hearing. • You can become an active participant(called an intervenor). Apply by July 16, 2018 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. • At the end of the process, you can review the OEB's decision and its reasons on our website. The OEB intends to consider cost awards in this proceeding that are in accordance with the Practice Direction on Cost Awards and only in relation to the following issues: 1)The proposed balances for recovery/refund recorded in the following deferral and variance accounts: • Unabsorbed Demand Costs (UDC)Variance Account (Account No. 179-108) • Upstream Transportation Optimization (Account No. 179-131) • Short-Term Storage and Other Balancing Services (Account No. 179-70) • Conservation Demand Management(CDM) (Account No. 179-123) • Normalized Average Consumption (Account No. 179-133) • Unaccounted for Gas (UFG)Volume Variance Account (Account No. 179-135) • Parkway West Project Costs (Account No. 179-136) • Brantford-Kirkwall / Parkway D Project Costs (Account No. 179-137) • Parkway Obligation Rate Variance (Account No. 179-138) • Unaccounted for Gas (UFG) Price Variance Account(Account No. 179-141) • Lobo C Compressor/ Hamilton-Milton Pipeline Project Costs (Account No. 179-142) • Lobo D/ Bright C/ Dawn H Compressor Project Costs (Account No. 179-144) • Burlington-Oakville Project Costs (Account No. 179-149) • Base Service North T-Service TransCanada Capacity(Account 179-153) • Panhandle Reinforcement Project Costs (Account 179-156) 2)The proposed 2017 utility results and earnings sharing amount. 3)The proposed method for allocating and disposing of the 2017 deferral account balances and 2017 earnings sharing amount, if any. LEARN MORE Our file number for this case is EB-2018-0105. To learn more about this hearing, find instructions on how to file letters or become an intervenor, or to access any document related to this case, please enter the file number EB-2018-0105 on the OEB website: www.oeb.ca/participate. You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS. WRITTEN HEARINGS There are two types of OEB hearings—oral and written. The OEB will determine at a later date whether to proceed by way of a written or oral hearing. If you think an oral hearing is needed, you can write to the OEB to explain why by July 16, 2018. PRIVACY If you write a letter of comment, your name and the content of your letter will be put on the public record and the OEB website. However, your personal telephone number, home address and e-mail address will be removed. If you are a business, all your information will remain public. If you apply to become an intervenor, all information will be public. This rate hearing will be held under section 36 of the Ontario Energy Board Act, S.O. 1998 c.15(Schedule B). On[uia RE C E 1 V F THE ;* COLLEGE JUL 1 0 2010v. OF -r, PLIYS1CJIAS MUNICIPALITY OF$AYNAM AND SURGEONS July 2018 OF ONTARIO TO: MAYOR, CITY CLERK AND COUNCILLORS: Nominate an Outstanding Ontario Physician in Your Community The College of Physicians and Surgeons of Ontario Council Award The College of Physicians and Surgeons (CPSO) is now accepting nominations for the 2019 Council Award. The Council Award honours outstanding Ontario physicians who have demonstrated excellence and embody a vision of the "ideal physician". The criteria for selecting a physician for the Council Award are outlined in the enclosed brochure and nomination form. The criteria are based upon eight "physician roles" that reflect society's expectations of what is needed to practise modern medicine. Through the award, the College honours Ontario physicians whose performance in each of these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. If you know of a physician who meets the selection criteria, please nominate him or her for the Council Award. The deadline for receipt of nominations is October 1, 2018 at 5:00 p.m. For further information, please contact the Council Awards Program at 416-967-2600 or 1-800-268-7096 extension 611 or CPSOaward@cpso.on.ca. QUALITY PROFESSIONALS 1 HEALTHY SVSTEM 1 PUBLIC TRUST 80 College Street,Toronto,Ontario M5G 2E2 Tel:(416)967-2600 Toll Free:(800)268-7096 Fax:(416)961-3330 ALL OF THESE PHYSICIAN dr, It 1 1 .AN xc sly UB . . . _.,,,,_:___ . .._ , . , . _.... 1 +� ia, fie . , 2_ .� _ , ;it id:, .c - - , / IIIO , _4„ i . .,coc_zor ( TiNi ?'� moi , A �1, 1 .g.u..e. r y _pry. 1 ---_ �- �. THEY' RE ALL c 1 (...Arward WINNERS ! Each year the Council honours outstanding physicians in Ontario SELECTION CRITERIA The criteria for selecting a physician for the Council Award are based on the eight"physician roles" identified by Educating Future Physicians of Ontario in 1993. These roles reflect the many needs and expectations of our society, and outline an archetype of the"ideal physician". Those roles are: OMedical Expert/Clinical Decision Maker © Health Advocate The physician is well-informed about the science With an understanding of the many determi- and technology of medicine and health care. The physi- nants of health, the physician advocates for more effec- cian's knowledge and skill is used to collect and interpret tive public health interventions and policies. data, make appropriate clinical decisions and carry out diagnostic and therapeutic procedures. O Learner The physician recognizes that the abilities to ® Communicator The physician has effective,humane relation- change and to continue to learn are essential to the prac- tice of good medicine. The physician is a self-directed ships with patients and colleagues. The physician under- learner and keeps abreast of current treatments and stands and responds to patients' needs, fears, beliefs and philosophies. expectations and effectively counsels and educates on ow health care needs and public health care issues. Scientist/Scholar The physician understands the scientific method © Collaborator and applies it to patient encounters, community health The physician works in partnership with other issues and to the critical assessment of literature related health care professionals and sees the patient and family to the biological, psychological and sociological basis members as partners in health care decision-making. The of illness. The physician may be engaged in scientific physician appropriately uses community and health care research. resources. Q Person&Professional © Gatekeeper/Resource Manager 8 The physician has developed strategies for coping The physician recognizes the many determinants with professional demands to provide maximum opportu- of health and the implications of those determinants for nity for effective relationships with patients and colleagues the practice of medicine. The physician participates at a while at the same time providing excellent medical care. number of organizational levels to address issues such as The physician is committed to the highest standards of quality of care and quality assurance mechanisms. excellence in clinical care and ethical conduct. ASSESSING THE CRITERIA The College wants to honour physicians whose performance in these roles is outstanding, recognizing that individual physicians will demonstrate more extensive expertise in some roles than in others. Council Awards are presented at Council meetings,which are held quarterly. ELIGIBILITY FOR NOMINATION Anyone may nominate an eligible physician for the Council Award.To be eligible for nomination, a physician must be licensed in Ontario and be in good standing with the College. Former recipients of the Council Award or the Excellence in Quality Management of Medical Care Award are not eligible for nomination. Members of the Council,and staff of the College and members of their immediate families are also not eligible for nomination for the Council Award.The complet- ed nomination form (on back) and required documentation must be submitted by October 1,2018, for consideration by the Council Award Selection Committee.* *Previous nominees who were unsuccessful are eligible NOMINATION INSTRUCTIONS 1. Complete the nomination form,providing as much information as possible about the physician nominee.Type or print clearly in the space provided. If additional space is required, attach additional pages. 2. Provide a detailed nominator's statement. In this statement, please describe how the physician nominee has demon- strated overall excellence using the eight physician roles outlined on the previous page. It is recognized that individual physicians will demonstrate more extensive expertise in some roles than in others.The nominator may include con- cisely presented pertinent supporting materials (letters, reports, testimonials, press clippings, etc.). 3. Find a seconder for the nomination. The seconder should provide a sec- onder's statement, their own written testimonial about the nominee and CHECKLIST: his or her accomplishments, again using the eight physician roles. Nomination form complete ❑ 4. The completed Council Award nomination form (including nominator's including: statement, supporting material and seconder's statement) can be emailed Nominator's statement ❑ or mailed to: Seconder's statement ❑ The Council Award, Supporting documents(optional) ❑ do Communications Department Nominee's CV(optional) ❑ College of Physicians and Surgeons of Ontario 80 College Street,Toronto,Ontario,MSG 2E2 Note:The deadline for nominations is Tel: (416) 967-2600 or 1-800-268-7096,extension 402 Monday,October 1,2018 at 5 p.m. Email:cpsoaward@cpso.on.ca Any questions concerning the nomination instructions should be directed to The Communications Department. Additional nomination forms are available at:www.cpso.on.ca/council-award. • D��CZ fi,vard Nomination Form If more space is required, please include additional pages. NOMINEE Name of nominee: Address: Telephone number: work mobile E-mail address: Date and place of birth: Degrees earned (Degree, School,Year): Specialty, if any: Type of practice: Faculty appointments, if any: Previous honours and awards: NOMINATOR Name: Address: Telephone number: E-mail address: Please indicate your relationship to the Nominee: SECONDER (must be provided) Name: Address: Telephone number: E-mail address: Deadline for nomination submission is October 1, 2018 at 5 p.m. v,xyB[44,/ REPORT iiii.... --"Ki , - , t:,:vk.,,,,,, ,, ....._ Tr„ , F TREASURY DEPARTMENT O' j't po IS-lo unity Is TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: July 19, 2018 REPORT: TR-10/18 FILE NO. F12 SUBJECT: Consolidation of Reserve Accounts BACKGROUND: In advance of the 2019 Capital and Operating Budgets and to simplify municipal reserves staff propose reserve account consolidation as attached hereto as Appendix 'A'. The proposed Reserve Account consolidations will also serve to formalize previous commentary from Council regarding reserve accounts. RECOMMENDATION 1. THAT Report TR-10-2018 re Consolidation of Reserve Accounts be received for information; 2. AND THAT Council direct staff to consolidate reserves as outlined within Report TR- 10/18. Respectfully submitted, Reviewed by, Lorne James, CPA, CA, Treasurer / Paul Sb • : . ` Jerk Appendix"A"Report TR-10-2018:Consolidation of Reserves Municipality of Bayham Reserves,Reserve Funds&Deferred Revenue For The Year Ended December 31,2018 Revised - Account Balance Status Notes Account Balance No. 1-Jan-18 No. _ 1-Jan-18 (Audited) RESERVES RESERVES 2301 Working Capital 97,427.39 Retain 2301 Working Capital 187,729.23 2302 Equipment 71,203.10 Rename PW Equipment 2302 PW Equipment 71,203.10 2303 Fire Department Apparatus - Delete - 2304 Electronic Equipment - Delete % - 2305 Road Construction 375,249.48 Retain _ 2305 •Road Constr -•� 375,249.48 2306 Otter Valley Chamber 1,414.92 Retain 2306 Otter ."amber _ 1,414.92 2307 Trail Improvements 108,978.43 Retain 2307 �vements 108,978.43 2308 Fire Equipment 5,251.00 Retain 230: .',"quipment _ 5,251.00 2310 Water Works 547,061.11 Retain Sr Water Works 547,061.11 _ 2311 Richmond Water - Delete Merged in Water Works _ - 2313 County Road Maintenance - Delete - 2314 Building Vehicle 33,698.03 Retain 2314 Building Vehicle 33,698.03 2315 Fire Renumeration _ 25,000.00 Retain 2315 Fire Renumeration 25,000.00 2318 Parks&Playgrounds 71,722.39 Retain 2318 Parks&Playgrounds 71,722.39 2319 By-law Vehicle - Delete - 2320 Records Management - Delete 2322 Dredging I 63,600.00 Retain 2322 Dredging 63,600.00 2323 Library Buildings - Delete _M :-•in Facility Reserve - 2324 Musuem Artifacts 1,000.00 Retain 2324 MusuemArtifacts -> 1,315.85 2326 Museums General 315.85 ge Merged in Museum Artifacts 2327 Election 30,748.31 Retain 2327 Election 30,748.31 2328 Waste Management 73,406.53 Mer.- Merged in Working Capital - 2330 Police Services 80,000.00 .-ta' 2330 Police Services 80,000.00 2331 Contingency 218,619.67 name Liability Reserve 2331 Liability _ 218,619.67 2332 Capital Rate Stabilization 16,895.31 Merge Working Capital 2333 Operating Rate Stabilization - Merge Working Capital 2334 Straffordville Skate Park 1,731.70 Retain 2334 Straffordville Skate Park 1,731.70 2335 OMPF I 213,866.00 Retain 2335 OMPF 213,866.00 2336 Municipal Facilities 389,932.57 Retain 2336 Municipal Facilities 389,932.57 2363 Reserve-Planning 12,546.30 Retain 2363 Reserve-Planning 12,546.30 2364 SCC Capital Donations 13,000.00 Retain 2364 SCC Capital Donations 13,000.00 2365 Winter I 50,000.00 Retain 2365 Winter 50,000.00 Consolidated Entities - Consolidated Entities - 2,502,668.09 2,502,668.09 Municipality of Bayham Reserves,Reserve Funds&Deferred Revenue For The Year Ended December 31,2018 Revised Balance Status Notes Account Balance 1-Jan-18 No. 1-Jan-18 (Audited) RESERVE FUNDS 2312 Sewage Works 2,327,820.37 Retain 2,327,820.37 2316 Edison Museum 95,688.65 Retain 95,688.65 2352 Environmental 71,342.85 Retain 71,342.85 2360 Straffordville Community Ctr 2,176.85 Retain 2,176.85 2361 Vienna Community Ctr 84,167.76 Retain 84,167.76 Consolidated Entities - - 2,581,196.48 2,581,196.48 DEFERRED REVENUE �I 2350 Parkland J U 29,026.63 Retain 29,026.63 2357 Developer Deposits 28,176.62 Retain 28,176.62 2362 Federal Gas Tax 98,859.63 Retain - 98,859.63 I 156,062.88 156,062.88 :t REPORT II \ TREASURY DEPARTMENT .40 nj.t ortu y TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: July 19, 2018 REPORT: TR-11/2018 FILE NO. F03.03 SUBJECT: Council Remuneration — One Third Tax Allowance BACKGROUND: The 2017 Federal Budget has proposed that the one-third tax exemption for non-accountable allowance paid to municipal officers will be eliminated effective January 2019. This report outlines the potential impact on councillor remuneration, and its financial implications on Municipality of Bayham. DISCUSSION: The Municipality current pays the following one third tax allowance: Position 1/3 Tax Exemption Mayor $5,710.54 Deputy Mayor $4,282.19 Councillor $3,330.82 To be able to maintain the same after tax amounts for compensation to members of council to keep in-line with 2018 allowance, this would cause 2019 budgetary impact would be $5,636.85. Position Revised Mayor $7,321.21 Deputy Mayor $5,489.99 Councillor $4,270.28 If Council elects to maintain the current compensation for 2019 regardless of the 2019 tax changes, the positions would see the following reductions after tax. Position Current After Tax Reductions Mayor $5,710.54 $4,454.22 -$1,256.32 Deputy Mayor $4,282.19 $3,340.11 -$942.08 Councillor $3,330.82 $2,598.04 -$732.78 Alternatively Council could increase their pay to reduce/eliminate the negative impact of the tax policy change. In addition, their remuneration should reflect the demanding nature and responsibilities of the position in order to attract capable candidates. RECOMMENDATION 1. THAT Report TR-05-2018 re Council Remuneration —One Third Tax Allowance be received for information. 2. THAT Council direct staff to increase 2019 Council remuneration to provide for no reduction in After Tax municipal officer remuneration in the 2019 Operating Budget. Respectfully submitted, Reviewed by, 411 Lorne James, CPA, CA, Treasurer /P-ul Shi. -' , CAO C -g,AY � REPORT (,, ,IIS ��� TREASURY DEPARTMENT o'Portion it ol'tionity Is TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: July 19111, 2018 REPORT: TR-12/18 FILE NO. SUBJECT: 2018 Q2 Variance Report BACKGROUND: The Q2 (second quarter) financial reports are provided for Council's fiduciary review. This report provides a summary of current revenue and expenditure to June 30, 2018 and variances to the Operating Budget. COMMENTS: Operating Budget expenses are at expected levels given the cyclical nature of some operations. Capital expenses are in full swing through all departments, and with an early passed budget permitted department managers to secure competitive pricings and availability of service providers. ATTACHMENTS: 1. Appendix A: 2018 Q2 Operating Revenue and Expense Variance Report. 2. Appendix B: 2018 Q2 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-12/18 be received for information; Respectfully s,©mittgd, Reviewed b Lorn- am= CA /'a %��-► � Municipality of Bayham Appendix A: 2018 Q2 Operating Revenue and Expense Variance Report 2018 2018 % Actuals Budget Consumed Revenues 05.10 General Taxation 2,050,569 4,153,501 49% 05.20 Other Revenues 573,414 1,125,500 51% 10.10 General Government 6,301 60,500 10% -Management Fee Yet To Be Booked 10.20 Council 500 30,000 2% -Election Reserve Transfer 20.10 Fire Services 9,121 13,000 70% 20.20 Police Services 5,526 30,000 18% 20.30 Conservation Authority - 20.40 Other Protective Services 88,232 89,500 99% 20.50 Bylaw Enforcement Services 16,396 25,000 66% 25.10 Roads 254,830 472,559 54% 25.20 Winter Control 3,363 - 25.40 Street Lights - 30.10 Water 298,728 660,990 45% 30.15 Richmond Water 32,870 67,589 49% 30.30 Waste Disposal 48,329 145,000 33% 30.20 Waste Water 407,271 906,508 45% 35.20 Cemeteries 48 - 40.10 General Assistance - 45.10 Parks&Recreation 1,520 2,600 58% 45.20 Straffordville Community Centre 12,362 10,000 124% 45.30 Vienna Community Centre 5,860 9,000 65% Eden Community Centre - 45.40 Libraries 17,466 67,500 26% -Timing of County Lease Payment 45.50 Museums 680 14,200 5% 50.10 Planning,Development&Tourism 30,728 34,200 90% 25.30 Business&Commerce Tourism&Marketing 4,460 3,500 127% 50.20 Environmental Services 11,500 0% -Grant Accrued at Year End Capital 215,787 1,117,167 19% -Timing of Grants&Reserve Transfers Expenditures 05.10 General Taxation - 05.20 Other Revenues - 10.10 General Government 635,664 1,314,662 48% 10.20 Council 38,918 102,798 38% 20.10 Fire Services 289,405 529,139 55% 20.20 Police Services 369,970 934,000 40% 20.30 Conservation Authority 45,452 91,978 49% 20.40 Other Protective Services 45,744 102,130 45% 20.50 Bylaw Enforcement Services 19,733 30,123 66% 25.10 Roads 744,345 1,491,712 50% 25.20 Winter Control 106,418 106,400 100% 25.40 Street Lights 15,439 45,000 34% 30.10 Water 183,926 660,990 28% -Timing of Water Boards Billing 30.15 Richmond Water 25,808 67,589 38% 30.20 Waste Water 242,400 906,508 27% -Transfer Not Booked 30.30 Waste Disposal 215,797 491,228 44% 35.20 Cemeteries 10,540 17,500 60% 40.10 General Assistance 6,000 10,000 60% 45.10 Parks&Recreation 38,573 65,030 59% 45.20 Straffordville Community Centre 32,448 52,866 61% 45.30 Vienna Community Centre 26,539 60,744 44% 45.35 Eden Community Centre 133 - 45.40 Libraries 10,033 67,500 15% -Transfer Not Booked 45.50 Museums 24,543 55,304 44% 50.10 Planning,Development&Tourism 58,273 110,756 53% 25.30 Business&Commerce - Tourism&Marketing 37,530 49,240 76% 50.20 Environmental Services 8,609 23,000 37% Capital 973,666 1,751,167 56% Municipality of Bayham Appendix B: 2018 Q2 Capital Expense Variance Report 2018 2018 Actuals Budget Consumed General Government Council Computers $ 8,943 $ 10,000 89% -Complete Community Based Strategic Plan $ 209 $ 30,000 1% Detailed Design Standards $ 7,984 $ 15,000 53% '-Complete Liability Reserve Transfer $ 5,000 0% -yet to be booked Election Reserve Transfer $ 10,000 -yet to be booked Working Capital Transfer $ 10,000 -yet to be booked Fire Rescue Boat $ - $ 20,000 0% Roads Tunnel Line Bridge $ 78,622 $ 75,000 105% '-Complete Maple Grove Line $ 98 $ 230,000 0% Tunnel Line $ 116,977 $ 125,000 94% '-Complete Best Line $ 41,370 $ 50,000 83% '-Complete Springer Hill Rd. $ 95,555 $ 375,000 25% Stewart Road $ 51 $ 65,000 0% Eden Line $ 18,511 $ 160,000 12% Guard Rails $ - $ 10,000 0% Sidewalks $ 75,356 $ 65,000 116% '-Complete B&C Inspection $ - $ 10,000 0% Road Signs $ 10,403 $ 4,000 260% Water Air Valves $ 13,500 0% Waster Water Manhole Rehabilitation $ - $ 50,000 0% Pump Station Check Valves $ - $ 10,000 0% Pump Equipment $ 12,256 $ 41,667 29% Parks Richmond Fence-CSA $ - $ 35,000 0% Accessible Viewing Platform $ 70,314 $ 65,000 108% '-Complete Planning Official Plan Review $ 10,697 $ 7,000 153% Zoning By-Law $ 10,000 Facility SCC Generator $ - $ 75,000 0% PB Library Ramp $ 13,085.83 $ 15,000 87% '-Complete FD Stn 2-HVAC $ 17,049.00 $ 12,000 142% '-Complete ..xxii,ittx, ,, i _............44, 7 ,,,,... .. „ . iiti. . „lb REPORT CAO °1tunity Ism TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: July 19, 2018 REPORT: CAO-54/18 SUBJECT: PORT BURWELL EAST BEACH OPERATIONAL MANUAL BACKGROUND: The 2008-2013 Strategic Plan and the 2014 Port Burwell Waterfront Masterplan identified assessing the feasibility of establishing the Port Burwell East Beach as a Blue Flag Beach. On September 7, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-56/17 re Port Burwell Blue Flag Beach Assessment be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham accept the recommendations within the Environmental Defence, Blue Flag Program Feasibility Report; AND THAT Council provide staff direction to retain the Lifesaving Society to complete an aquatic safety audit of the Port Burwell East Beach; AND THAT staff report back to Council following the completion of the aquatic safety audit for further direction. On December 21, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-80/17 re Lifesaving Society— Blue Flag Beach Audit be received for information; AND THAT Council direct staff to utilize Waste Management funds to comply with the recommendations made within the Lifesaving Society Safety Audit dated November 22, 2017; AND THAT Council direct staff to utilize Waste Management funds to complete the requirements outlined within the Environmental Defence Blue Flag Beach Feasibility Study; AND THAT staff be directed to make application to the Blue Flag Beach Program prior to January 12, 2018. DISCUSSION The Lifesaving Society's Aquatic Safety Audit report outlined the following requirements: Primary Recommendations: 1) Create & Install Beach Regulatory Signage 2) Provide Immediate Access to EMS Services 3) Install Lifesaving Stations on the Pier (3) 4) Designate a Safe Swimming Area (5) 5) Identify 'No Swimming Areas' 6) Identify the Edge of the Pier 7) Provide a Means to Exit the Water Onto the Pier (3) Secondary Recommendations 1) Provide Lifesaving Station Rescue Equipment Inspection Logs 2) Repair Picnic Tables 3) Relocate Station 'A' Environmental Defence Recommendations 1) Form a Beach Management Committee The Harbourfront Committee does not have a quorum of members. The Committee will have a name change and a new terms of reference drafted with requests for members of LPRCA and the Otter Valley Naturalists to join the Committee to satisfy this requirement during the 2018-2022 term of Council. 2) Install covered recycling bins on the beach 3) Commit to installing a Blue Flag information board upon receipt of the Blue Flag Award 4) Sample for enteroccoci/fecal strep at least five (5) times per season in addition to weekly E.coli tests All of the above noted items have been procured, ordered, operationalized or are already in place. The only remaining work item is to develop a Port Burwell East Beach Operational Manual. Attached hereto as Appendix 'A' is the Port Burwell Municipal East Beach Operational Manual. The Manual was drafted utilizing the assistance of Central Elgin and the Port Stanley Beach Manual as well as recommendations and information from the Lifesaving Society and Waterfront Safety Standards. RECOMMENDATION 1. THAT Report CAO-54/18 re Port Burwell East Beach Operational Manual be received for information; 2. AND THAT staff be directed to bring forward a by-law to adopt the Port Burwell East Beach Operational Manual for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk INAYHAt 1)"'urtunity Is' The Corporation of the Municipality of Bayham Municipality of Bayham Port Burwell East Beach Manual Section 1 — Municipality of Bayham Port Burwell East Beach 1.1 Address: 1 Robinson Street Port Burwell, Ontario 1.2 Contact Information: Municipality of Bayham A: 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 T: 519-866-5521 E: Bayham@Bayham.on.ca F: 519-866-3884 Hours of Operation Monday - Friday 8:30 am - 4:30 pm After Hours Municipal Emergency Contact T: 519-435-6454 1.3 In the event of an emergency contact 911. An emergency phone is located at the East Beach Washroom. The emergency phone direct dials 911. 1.4 By-law Complaints may be submitted utilizing the Municipality of Bayham Confidential Municipal Law Enforcement Complaint Form. 1.5 Service Requests may be submitted utilizing the Municipality of Bayham Service Request Form. 1.6 The Municipality of Bayham Port Burwell East Beach map, attached hereto as Appendix `A', outlines locations of safety devices and amenities. 1.7 The Municipality of Bayham will strive to maintain the Port Burwell East Beach safety devices in accordance with the Comprehensive Aquatic Safety Audit conducted by the Lifesaving Society. Section 2 — Maintenance 2.1 The Municipality of Bayham may conduct daily inspections of the Port Burwell East Beach utilizing the Daily Beach Inspection Form and Daily Beach Inspection Workflow. 2.2 Through a combination of the Municipality of Bayham Public Works Department and municipal contractors the Municipality of Bayham will conduct operational activities on the Port Burwell East Beach. Section 3—Water Quality Procedures 3.1 Southwestern Public Health conducts weekly water quality testing at public beaches from June - Labour Day. Beach water quality results are updated each week and posted on the Southwestern Public Health website. 3.2 Southwestern Public Health tests the water for E. coli bacteria, which is an indicator that there is fecal contamination present from either animal or human or both. E. coli, as well as the presence of other disease-causing organisms, can cause intestinal illness or infections of the eyes, ears, nose or throat. Weather conditions can also adversely affect water quality. If the water is cloudy from rough water or heavy rains, it may have high levels of bacteria for up to two days. The public is advised to consider recent weather conditions when deciding on whether or not to go swimming. 3.3 The recreational water quality guideline of 200 E. coli per 100 ml of water is set jointly by the Ministry of Environment and the Ministry of Health & Long-Term Care. 3.4 Pursuant to the Environmental Defence Blue Flag Beach requirements the Municipality of Bayham Water/Wastewater Department conducts monthly Enterococci water testing from May— September. Section 4— Record Keeping 4.1 The Municipality of Bayham will retain accurate records pertaining to the Municipality of Bayham Port Burwell East Beach. 4.2 The records referenced in Section 4.1 will include: • Daily Beach Inspection Form and Follow-up • Water Quality Information • Incident Reports • Operational Procedures 4.3 The Municipality will conduct a comprehensive review of the Municipality of Bayham Port Burwell East Beach Operational Manual every five (5) years. q, Welcome to Port Burwell East Beach Proud to Fly the Blue Flag I Blue Flag Safety&Services The Municipality of Bayham Port Burwell East Beach is proud to fly the Blue Flag. Enjoy the beach and stay safe: �� an internationally recognized and respected award for beaches that meet strict a • Always swim with a buddy. I IS criteria under four categories: , - • Children are your responsibility-keep them ®water quality ® *m N. at arms reach ®o=- _ • This Is a natural waterfront-beware of waves and ai Safety and services - uneven bottom conditions. ®Environmental management ® '� IU • Always swim in the designated swimming areas. ® ®�� • In an emergency call 9-1-1. Environmental education • • Familiarize yourself with the nearest safety station. '• 1 — The Blue Flag is awarded one yearly basis,and is only valid es long es standards ElEJ ® Please see the beach map on this board. are maintained.If you see a Blue Flag flying you know the beach is clean,managed .• First Aid can be found at the East Beach `� sustainably,meets safety and accessibility requirements and has excellent water quality. O• t' Washroom Building. , • Please help maintain Blue Flag standards by participating in activities to protect the .• shoreline and keep the beach clean. • Ell The international Blue Flag program is run by the Foundation for Environmental • Education(FEE),a non-governmental organization based in Denmark.Canada's Blue E 6m Environmental Management Flag Program is coordinated by Environmental Defence,a national environmental charity. ® A Blue Flag Beach is a clean beach! The first Blue Flag in Canada was raised in 2005. ® The Municipality of Bayham cleans Port s Burwell East Beach on a regular bans, © Enjoy your visit to the Municipality of Bayham Port Burwell East Beach � and help us keep the Blue Flag flying: © Lake Erie ® !` xY`'S so please do your part by properly v. '`• disposing of your recycling and waste. • Respect the environment. • Never bury waste n the sand,including gr„t ac'‘~+. The beach is a living ecosystem,and • Keep your pets off the beach cigarette butts. 4) . • Obey the beach rules and bylaws. • Place waste and recyciables in proper bins. 8, natural items like vegetation and driftwood • Whenever possible,walk s s !Y` �`' t within the bioswales should be left where • Be courteous and considerate to a er poss cycle,carpool ® •',I 1` ; other visnor5 or take transit to the beach t - 1 1 �Y they are they stabilize the khotel shoreline and } provide habitat for wildlife like shorebirds. • Do not feed the birds their feces • Enjoy the beach and its surroundings '" ' ' Dogs are not permitted on Blue Flag are bad for water quality! but please treat nature with respect. -1 - beaches—please keep your pets off the main Legend beach or take them to dog-friendly zones. i Accessibility I ❑o aiee nag ®Rr ® ovevr e,= ❑ vimoiiarea *YOU ARE HERE _ The Municipality of Bayham Port Burwell East Beach meets accessibility ©r ie r• ❑!Y ee °^e=canon sno.,era ❑ R"rebie ware, E""roam _ _ 11111 PPP' requirements by providing accessible parking,facilities and access to ElFirstvia nReamer. ,osi a g Water sareeung Sites the.beach.There is a wheelchair friendly lookout point adjacent to the Safety a Rn,enr 0 sw,m Ar�ao„naary ® s The Municipality of Bayham Port Burwell East Beach is on the north shore of beautiful parking lot and an accessible walkway connecting the Pier to the Port �k ^CPS1aie A"�` .,mm ns Areal Lake Erie.The Lake Erie ecosystem is unique.It is the shallowest and the most biologically Burwell East Beach. diverse of all the Great Lakes.The Lake Erie ecosystem naturally functions in three distinct Water Quality basins.Its shoreline includes Point Pelee,the most southerly point in Canada,as well as portions of Ontario,including Port Burwell and the states of Michigan,Ohio,Pennsylvania Environmental Education Water quality at Port Burwell East Beach is monitored regularly by the Municipality of Bayham and Southwestern Public Health. and New York. Canada's Blue Flag standards require that at least 80 per cent of the water quality tests each year meet the provincial and The Lake Erie drainage basin measures 58 800 km'in area,and is home to over 15 million The Blue Flag program contributes to public awareness of the Lake Erie shoreline Canadian guidelines of 200 cfu/100 ml of water.The most recent results are posted here and at BlueFlag.ca and www.bayham.on.ca, people in Canada and the US,making it the most densely populated of all the Great Lakes and watershed.Please refer to www.Bayham.en.ca for additional information on You should not swim during and after storms,floods,or heavy rainfall.Cloudy water can bean indicator of high levels of bacteria that basins.The Lake Erie watershed supports one of the largest freshwater fisheries in the upcoming environmental education activities in the community. may pose a risk to human health.Before heading to the beach,check the local weather forecast and BlueFlag.ca. world,and provides many recreational and tourism opportunities due to the presence of Most Recent Water Quality Reading: cfu/100m1 numerous beaches and extensive wetland complexes. Emergency:911 ANIE 0 environmental Port Burwell Municipal East Beach I 1 Robinson St,Port Burwell,Ontario NOJ 1TO �AYHA defence Contact:519-866-5521 I After Hours Municipal Emergency Contact:519-435-6454 ' �i Website:www.bayham.on.ca , Your comments are important to USi contact us. Email:Bayham@Bayham.on.ca o�����, Environmental Defence:BlueFlag.ca,info(gblueflag.ca or 1-877-399-2333 ext.238 t FEE:BlueFlag.global,Info@feeglobal.org or 845 7022 2427 Hours of Operation:Monday-Friday 8:30 am-4:30 pm po'•tunity ISMO voitOCH.44,1 04, • REPORT o ` CAO -Qt-tunity is '— TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: July 19, 2018 REPORT: CAO-55/18 SUBJECT: MAIN STREET REVITALIZATION INITIATIVE BACKGROUND: On January 23, 2018, the Minister of OMAFRA and Small Business announced the Main Street Revitalization Initiative, the government's approach to the distribution of the $26 million support for Ontario's main streets and their business communities. The Main Street Revitalization Initiative is designed to assist municipal governments to undertake main street revitalization activities that support and benefit small businesses. AMO has agreed to administer the funding on behalf of the Ministry of Agriculture, Food and Rural Affairs (OMAFRA). AMO signed the Agreement with OMAFRA on March 12, 2018. The Agreement's effective date is April 1, 2018. The Municipality of Bayham allocation is $44,188.42 On April 5, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-31/18 re Main Street Revitalization Initiative be received for information; AND THAT Council direct staff to bring forward a by-law to enter into an agreement to participate in Ontario's Main Streets Revitalization Initiative administered by the Association of Municipalities of Ontario for Council consideration; AND THAT the Municipality of Bayham Main Street Revitalization Initiative project be Capital Item PW-37 Pitt St. Parking Lot. DISCUSSION The Pitt Street Parking Lot Capital Item was originally estimated as follows: 1) PW-37 Pitt St. Parking Lot - $80,000 a. Engineered design and construction of concrete stairs from Robinson Street down to the base of Pitt Street and the construction of an approximate 60 spot parking lot. Spriet Associates provided the design attached hereto as Appendix 'A' for the Pitt Street Parking Lot Stairs/Sidewalk. Autoform Contracting Ltd. provided a quote of$40,434+HST to complete the works in accordance with the supplied specifications. Municipality of Bayham Public Works staff estimate the costs of the parking lot as per the design attached hereto as Appendix `B', to be 10,000+HST. The Pitt Street Parking Lot project provides opportunities to unlock value in a currently not utilized parcel of land that is not within the work area of the Port Burwell Storm Sewer project. RECOMMENDATION 1. THAT Report CAO-55/18 re Main Street Revitalization Initiative be received for information; 2. AND THAT staff be directed to utilize the services of Autoform Contracting Ltd. in the amount of 40,434+HST to construct the Pitt Street Parking Lot stairs/sidewalk; 3. AND THAT staff be directed to utilize funds from the Road Construction Reserve to complete the Pitt Street Parking Lot Capital Project in accordance with Report CAO 55/18. Respectfully Submitted by: Paul Shipway CAOICIerk Ii ------S,.;..,,a ,%'..... R XX, as ,93,1,,1 �w . oro,.9 w. ' , ',sss 9c9 z ! sea —N— STM= awx. .i m.eo + . a I MI + +.ti' +s, I '',3",,.,(\ ,\-,(C..\ems",,. L;wb" ,sx 3 sz w sw _%'.. ! sas + 3048. ,.o< ',a1a sd.11-"" �,a � Mil + t„ .''.3. <0 y I, STANDARD CONCRETE PAVING DETAIL SIDEWALK DETAIL I I J �,�. +93.4. '3,11. a aa.a Bo..LE. 1=0— n.T.B �. +c. a,= . 1455 I 9 9 sad„ 9' .; ' ,1514" x22 SOM �a...,.k;a.a3. TREE a,zs. .00 sz Fs I AI Ix�' + zse s '.. X0,1/ 4/1.3.p.o srza PIPE vww,o.,cn.n IMO ivaLcINDICATOR Sr. S. ,. + +szeaz a " .� I.NAIL IN HP ' ! ox os. I us� g W woo„< 11'.3'.' *.,77--I1 w w► s a ,, 1111111%'''” eon wwux041 � + .r91.1. +9.,'4'� '' 1111'=tea 0100 s�.m COMPLEX xm,m 0100 SEE 6 a, i'. 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GENERAL a E '"4"s' PROFILES CONCRETE 1000 ■■■ _I _ -1 - _1 _ I_ -IM ® 1-_ ■E�I— In/M —___ • 4� ��' °i1= �� PrP <e wmae 2 ESSUPPORTones o the�a<vae terve,an alignment an the preparation oa< drawings.Prior to commencing construcben on the read built ore ng t e of the,rovehd oa aoverhead sn trtion R awane< rk disturbed shallhe replaced satisfaction of9e E P2p,EG pre at the Any pole supportehll be gtrees,shrubs,and oyt< a , a,rtX , gronxrecce rem. ucoaxGxzw w wiu c AGM GI SIZE OF AGGREGATE SHALL BE 19mm DI CON.ETE SHALLBE ip.]p W 5 RG,155 Hg.CEMENT/M. . 2. REINFORCING STEEL TO E GRADE pp. G COVER TO reE,pmm, .m. __ / u/1��11111IL/ ■ Mill= ■©_ ■ ■ but naetbe expenseLi the Contractor.11 hydro unless otherwise stated by Ue Engineer,aved for po<nvto be eaom a teroant r al by the Enginer, naw o dr wings be 95.00 � 11 = IM = e a u a w remw. a,iye drawings wnnanaama believed m borcert nata net obtained __�■ 1 _ I__ 1____ guaranteed to be correct.ThCMtrmor will beresponsible for costs associated ¢h me on around and/or...on _I _ I__ 1_ __ underground ar,n,e confront. __ I=__i�.i� :ri__ 90.05_ —_VIMEM -__ STAIR PROFILE 0.a CON51RUCiED NOTES E.wPLE. a x9,1210~2 °”" a` cum...P R I E T ASSOCIATES a STAMP CO cLlawi Adi sp.-YHA/it�,,, ��PITT STREET PARKING 8c STAIRWAY Project No 217075 CHECKED:JAI, LONDON LIMITED �.�i.�', sheet Ho. DATE:ou..a CONSULTING �/)� ENGINEERS I �� OVERALL PLAN 1 of 1 ss m--LONDON L�/ (s,e)en-waa__wsw zs< J p yl¢g t OPPo\�oo� SCALE:1:250 Plan me No. Durum a Panic!, nosily Is 1 !8 I 14 r I 11 _ammuum*i: 1' 1- : ___ m - - _ m Irl No. REVISIONS DATE BY G.ILN CONSULTANT i'1:�.'-. ;TM+P TI1l F Project No. .SILT, .60 PITT STREET PARKING 217075 :kAWN: M.O. �1�yw..,� ',ECKEL/ J.us "� Ai OVERALL PLAN Sheet No :PPROYFO. J.M.S. �T/'+ , ° SPRIET �p��� .� ASSOCIATES SCALE 1 :250 of P°ttIi ty 1110 INXICH.44,1 44 HI 4111 pw REPORT CAO 4- °''tunny Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: July 19, 2018 REPORT: CAO-56/18 SUBJECT: WATER/WASTEWATER DEPARTMENT BACKGROUND: The Municipality of Bayham Water/Wastewater Department consists of the following staff: • Manager of Capital ProjectslWater/Wastewater • Operator II • Operator I In 2018 the Water/Wastewater Department shared a summer student with the Public Works Department. Prior to 2014 the Municipality of Bayham Water/Wastewater Department consisted of the following staff: • Manager of Water/Wastewater • Operator II • Operator I Since 2014 the operating environment of the Water/Wastewater Department has been significantly impacted as follows: 1) Ministry Order to assume operation of the Richmond Community Water System. 2) Ontario One Call - Ontario Underground Infrastructure Notification System Act. 3) Municipality of Bayham restructuring, reducing staffing and incorporating the role of capital project management to the Manager of Water/Wastewater. DISCUSSION To address the Water/Wastewater Department operating environment impacts the following staffing changes will be implemented: 1) The shared Public Works/Water/Wastewater summer student will become a Temporary Employee under the CUPE Collective Agreement effective September 4, 2018 — January 25, 2019. 2) Staff will add an Operator I to the 2019 Water/Wastewater Operating Budget for Council consideration. a. The Temporary Employee will have the opportunity to obtain the Operator I position. i. If the Temporary Employee is not successful in obtaining the Operator I position the employment opportunity will be posted externally. ii. If Council does not fund the Operator I position the employment opportunity will end January 25, 2019. The 2018 financial impact on the Water/Wastewater Department Operating Budget, as a result of the Temporary Employee position, will be approximately $16,073. This amount will be absorbed into the Water/Wastewater Operating Budgets. Water/Wastewater is the most highly regulated area of operations that the Municipality conducts business in. The Manager of Capital ProjectslWater/Wastewater and staff have developed and operated a highly efficient and effective department for a number of years under increasing regulatory obligations, responsibilities and requirements. As an example, since 2014, the Water/Wastewater Department has incorporated the responsibilities and requirements of processing an average of 600 Ontario One Call locate requests per year (site demarcation, administration etc.). The Municipality of Bayham currently has the opportunity to explore the possibility of promoting a licensed summer student to Temporary Employee to possibly Operator I. This structured succession planning will work to redistribute workload within the Water/Wastewater Department and set the department up for continued efficient and effective future operations. This work plan has been reviewed and approved in principle by the applicable Water/Wastewater employees and CUPE. RECOMMENDATION 1. THAT Report CAO-56/18 re Water/Wastewater Department be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk v,AYHAAz f� ► REPORT op �,�� CAO pojtunity I5�'o TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: July 19, 2018 REPORT: CAO-59/18 SUBJECT: MUNICIPALLY SIGNIFICANT EVENT DESIGNATION BACKGROUND: On June 18, 2018 Mr. Jush Matheson provided the following Municipally Significant Event Designation Request in order to obtain a Special Occasion Permit (SOP)from the Alcohol and Gaming Commission of Ontario (AGCO): As per are phone conversation I am looking to get a Municipal Significance designation for upcoming Beach fest Aug 4th - 5th weekend to open 33 Robinson Street. I believe opening this space for this event will good for Port Burwell and help draw people to the area for the event. If you have a similar sheet as the one attached for Bayham it would be greatly appreciated. I received this sheet from .... the Town of Tillsonburg I will also forward you the email l received from the Alcohol and Gaming Commission of Ontario outlining what they require for the special event permit. Any question email is the best to reach me... Re:Application Details: New Application File Number: 197194 The following information is outstanding and is required in order to process your application: If you are not a registered charity or non profit to qualify for a public event permit, your event must be designated as municipally significant. Please provide a copy of the municipal resolution or a letter from a delegated official designating the event as municipally significant. DISCUSSION The AGCO is responsible for administering the Liquor Licence Act(LLA) and specific sections of the Liquor Control Act(LCA), which together with the regulations made under them establish the licensing and regulatory regime for most aspects relating to the sale and service of alcohol in Ontario. Among its responsibilities in the alcohol sector, the AGCO oversees the administration of the SOP program, which allows for the sale and service of alcohol on special occasions, such as cash bars at weddings or private receptions, as well as larger scale events that are open to the public, such as charity fundraisers. A SOP is required any time alcohol is offered for sale or served anywhere other than in a licensed establishment (such as a bar or restaurant) or a private place (such as a private office or home). Public Event permits can be issued: • To registered charities • To non-profit organizations whose object is to promote charitable, educational, religious or community objects, or • For events of municipal, provincial, national or international significance o An event of municipal significance requires a designation by the municipality in which the event will take place. Applications must be accompanied by either a municipal resolution or a letter from a delegated municipal official designating the event as municipally significant. Bayham Beachfest obtains a Public Event SOP as a non-profit organization. Previously, from 2012-2015, the Municipality designated Beachfest/Tub Daze as a Municipally Significant Event for SOP purposes. For clarification purposes the Municipality of Bayham annually declares Bayham Beachfest as a `Community Festival of Municipal Significance' under the County of Elgin Festival and Event Partnership Program. This designation has no connection to the AGCO SOP designation. The process to obtain a Liquor Sales Licence is significantly more robust than the SOP process and includes the following: 1) Municipal Information Form 2) Compliance letters a. Three municipal agency letters of approval (also known as "compliance letters") are required from applicants as part of their liquor licence application: i. Building Department (Building Code Act, 1992) ii. Fire Protection Officer or Fire Marshal (Fire Protection and Prevention Act, 1997) iii. Public Health Department (Health Protection and Promotion Act) b. The compliance letters must indicate that an applicant's establishment meets the current standards or by-laws administered by each agency. The compliance letter from either the Building or Fire Department should indicate an occupant load for the licensed area. c. If an applicant is applying to licence an outdoor area (patio), the compliance letters submitted from the local municipality's fire department and health department must specify that the outdoor area was inspected. Given that Bayham Beachfest obtains its own SOP and complies with the Municipality of Bayham Municipal Alcohol Policy and that a number of Port Burwell businesses privately obtain Liquor Sales Licences' staff would respectfully not recommend providing the requested designation for Mr. Matheson at 33 Robinson Street based on the information provided to date. Staff have consulted with the AGCO and Bayham Beachfest representatives while drafting this report. RECOMMENDATION 1. THAT Report CAO-59/18 re Municipally Significant Event Designation be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk INAYH.4 ? REPORT • ,� ► CAO o 4y 'Pul'tunity Is1(.04. TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: July 19, 2018 REPORT: CAO-60/18 SUBJECT: SHORELINE EROSION PROTECTION APPROVALS BACKGROUND On May 17, 2018 the Council of the Corporation of the Municipality of Bayham provided the following staff direction: To report back to Council at a future date on jurisdictional responsibility pertaining to shoreline protection on Lake Erie and options for actions the Municipality could take to advocate the Province and Federal Government to take action on high bluff shoreline erosion and shoreline protection. DISCUSSION Attached hereto as Appendix 'A' is a Shoreline Erosion Protection Approvals Memorandum written by Mr. William Pol, IBI Group and Ms. Paula Lombardi, Partner Siskinds LLP on behalf of the Consultant Team. As noted within the Shoreline Erosion Protection Approvals Memorandum any advocacy for regulatory regime change would require a coordinated effort aimed at roughly twelve regulations and/or policies from all levels of government. As further outlined within the Shoreline Erosion Protection Approvals Memorandum any Shoreline Erosion Protection Approvals would be subject to studies, plans and approvals from municipal, provincial, federal governments and entities. Shoreline protection works, if approved, may attribute additional liabilities to the Municipality. In addition to the commentary provided within the Shoreline Erosion Protection Approvals Memorandum from a municipal perspective, should Council move forward in any manner, Council would need to allocate the appropriate financial and human resources to the same. RECOMMENDATION 1. THAT Report CAO-60/18 re Shoreline Erosion Protection Approvals be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada I tel 519 472 7328 fax 519 472 9354 Memorandum To/Attention Paul Shipway CAO, Date July 11,2018 Municipality of Bayham From William Pol, IBI Group Project No 3404-686 (3606202.1) Paula Lombardi, Siskinds LLP cc Rob Cascaden, IBI Group Milo Sturm, Shoreplan Subject Lakeshore Line Shoreline Erosion Protection Approvals Summary Erosion protection facilities approvals for the Lake Erie shoreline in the Municipality of Bayham between Clarke Road and Elgin County Road 55 would be a complicated and long process. In addition,the regulatory approvals may not be granted due to the location and extent of shoreline protection required. The location of the works are subject to the regulatory framework of the municipal, county, provincial and federal governments as well as the Long Point Region Conservation Authority. Each level of regulation has a specific interest in the shoreline improvements and how and where protection facilities are considered. Each regulatory body requires facility designs, reports and documentation to show how their mandates are addressed. Generally, approval agencies place emphasis on maintaining the natural processes of lakeshore erosion, recognizing that the movement of eroded materials has occurred over many years to create the natural environment found along the Lake Erie coastline from Long Point to Point Pelee. These natural processes will continue for many lifetimes and efforts to change the course of nature are temporary. Should the municipality proceed with applications, notwithstanding that approvals are unlikely, it must be aware there may be unpredictable consequences from the construction of any shoreline protection facilities. If the Municipality obtains approval, constructs and maintains the erosion protection facilities, it will be responsible for any resulting negative environmental or economic impacts. 1. Introduction On May 17, 2018, Bayham Municipal Council held a public meeting relating to the closure of Lakeshore Line between Clarke Road and Elgin County Road 55. Council adopted a by-law closing the relevant portions of Lakeshore Line. Council also directed staff to investigate the scope of legislation, agencies and criteria, for approval needed for the construction of erosion protection facilities for Lakeshore Line. The following memo is organized by jurisdiction with approval\permitting authority for facilities constructed in public water bodies and on the adjacent shoreline. • Municipal land use planning approvals: Municipality of Bayham and Elgin County. • Conservation Authority natural hazard and natural heritage approvals: Long Point Region Conservation Authority(LPRCA); IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Paul Shipway CAO, Municipality of Bayham—July 2018 • Alteration to public lands\water bodies and environmental assessment: Province of Ontario, Ministry of Natural Resources and Forestry and Ministry of the Environment Conservation and Parks. • Commercial and sport fisheries and navigation aids: Government of Canada, Department of Fisheries and Oceans and Transport Canada The relevant legislation and approvals criteria are described below. 2. Assumptions The following assumptions are used in preparing this memo. • The scale of the erosion protection works would be extensive, located potentially hundreds of metres into Lake Erie and along the shoreline in order to protect the shoreline. • The potential environmental impacts of the protection works would extend long distances from the subject location based on the knowledge that Lake Erie currents move materials long distances as evidenced by the build up of sand (accretion)at Long Point and Point Pelee natural features. • Predicting and measuring the potential impacts of the facilities would require extensive research, evaluation and prediction by a number of qualified experts to meet the requirements of the approval agencies. • The design of the erosion protection facilities must be undertaken at the time the studies are started by a qualified coastal engineer with the requirement to have an effective design life of not less than 25 years. • The owner of the facilities must be committed to ongoing maintenance of the protection facilities over the life of the facilities for the works to be effective. 3. Municipality of Bayham and Elgin County The Municipality is responsible for the land use planning approvals for the lands abutting Lake Erie, which may be impacted by the erosion protection works. The Planning Act requires that all public works shall be consistent with the Provincial Policy Statement 2014 and conform to the Official Plan policies. The Municipality must take into consideration the following land use planning policy framework as part of the approval of public works for erosion protection: Provincial Policy Statement 2014 policies: • 3.0 Protecting Public Health and Safety by directing development to areas away from natural hazards where there is an unacceptable risk to public health or safety or of property damage and not create new or aggravate existing hazards. • 2.0 Wise Use and Management of Resources by protecting the health of the Great Lakes and protecting natural heritage and water .... for their economic, environmental and social benefits. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 3 Paul Shipway CAO, Municipality of Bayham—July 2018 Elgin County Official Plan policy: • D3.2 Natural and Man-Made Hazards include lands along the Lake Erie Shoreline. The recommendations of the Shoreline Management Plan will provide design standards to inform local decision making on the balance of options between shoreline erosion prevention, protection and environmental impact. Municipality of Bayham Official Plan policies: • Policy 6.1.8 Lake Erie Shoreline policies prohibit development within the erosion hazard limit unless an erosion stabilization project is completed, designed and supervised by a registered professional engineer and approved by the Ministry of Natural Resources and Forestry and the appropriate Conservation Authority. • Policy 6.1.10 Docks and Waterfront Structures sets out policies for shoreline improvements including: subject to Provincial approval; designed to contribute to the amenity of the Municipality; be capable of withstanding damaging storms and environmental conditions; be located not to interfere with navigation or aids to navigation; and minimize the impact on natural vegetation and topography. Municipal Class Environmental Assessment The Environmental Assessment Act sets out a planning and decision-making process so that various alternatives are considered and the potential environmental impacts are considered before a project begins. If the Municipality undertakes the erosion protection works, it will need to undertake an environmental assessment process prior to proceeding with the work. The Ontario Ministry of the Environment Conservation and Parks is responsible for accepting the result of the environmental assessment. Pilot Project Erosion Protection The Municipality could initiate a test area or pilot project. A pilot project would require similar studies and agency approvals but at a smaller scale. Where Council endorses and supports a shoreline protection project they would assume responsibility for the outcomes and the risks. The Municipality must undertake the land use planning and environmental studies demonstrating the facilities are consistent with the PPS 2014, the Elgin County Official Plan and Municipality of Bayham Official Plan. These studies may use other environmental studies to support the decisions. Due to the size of the erosion works and the complexity of potential impact,the studies may take several years to complete by accredited professionals. 4. Long Point Region Conservation Authority The LPRCA(Authority) mandate, related to the Lake Erie shoreline includes the reduction of flood damage created by Lake Erie waves and water action and the protection of natural areas\biodiversity along the shoreline. The Authority is enabled to carry out this mandate under the Conservation Authorities Act and the regulatory document O. Reg. 178/06. The Authority policies for the Administration for the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses, sets out the standards and requirements for permit applications to the LPRCA to construct in a regulated area. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 4 Paul Shipway CAO, Municipality of Bayham—July 2018 The construction of an erosion facility such as a break wall to reduce the rate of erosion is regulated under section 7.1.2 General Policies where "development, interference or alteration will not be permitted within a regulated area"unless approval is granted. The regulated area is the Lake Erie shoreline subject to erosion, including the bluff and a minimum of 15 m inland from the resting angle of the bluff. Approval may be granted where appropriate technical studies and assessments are submitted by qualified professionals in response to the following criteria: • the risk to public safety is not increased; • susceptibility to natural hazards is not increased or new hazards created; • there are no adverse impacts on the natural shoreline processes of Lake Erie; • pollution, sedimentation and erosion during construction and post construction is minimized using best management practices including site, landscape, infrastructure and/or facility design (whichever is applicable based on the scale and scope of the project), construction controls, and appropriate remedial measures; • works are constructed, repaired and/or maintained according to accepted engineering principles and approved engineering standards or to the satisfactions of the LPRCA, whichever is applicable based on the scale and scope of the project; and • the control of flooding, erosion, dynamic beaches, pollution or the conservation of land is not adversely affected during and post development, interference or alteration. Section 8.5.14 Shoreline Protection Works sets out criteria specifically for works along the Lake Erie Shoreline. The permit application must demonstrate the following: • all feasible alignments have been considered through an Environmental Assessment supported by the LPRCA or other site specific technical studies, whichever is applicable, based on the scale and scope of the project; • the proposed works do not create new hazards or aggravate existing hazards on the subject properties or adjacent/flanking properties within the shoreline reach; • the works are designed and stamped by a professional engineer, licensed in the Province of Ontario, with competencies in shoreline coastal processes, • flood proofing standards, protection works standards and access standards as determined by the LPRCA are met; • maintenance requirements are minimized; and • a maintenance access of at least 5 metres (16 feet) is retained to and along existing and proposed shoreline protection works for appropriate equipment and machinery for regular maintenance purposes and repair should failure occur. The design, function and impacts of the protection works will be evaluated in depth by the Authority. All of the applicable policies will be considered in relation to the mandate of the Authority prior to the construction of any works. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 5 Paul Shipway CAO, Municipality of Bayham—July 2018 Grants to build protection works Historically the Province of Ontario funded the Shoreline Properties Assistance Act, where property owners could apply through the Conservation Authority for funding to rehabilitate or construct shoreline protection works. The Province has not funded this program for more than 10 years. Any studies, construction or maintenance of shoreline protection facilities will likely be the sole responsibility of the Municipality or the private applicant. The Municipality and\or applicant could lobby the Provincial government to reactivate provincial funding to the program. Consideration of risk to public infrastructure would be an important consideration for funding. However, it is unlikely that the Province would provide the funding. In discussing the possibility of shoreline protection facilities, the Authority would not provide comments without conceptual plans describing the scope and nature of the facilities. It would be premature for the Authority to comment prior to the submission of preliminary materials. 5. Province of Ontario The Ministry of Natural Resources and Forestry ("MNRF") has the legislative authority under the Public Lands Act to regulate development, construction or alteration along any public shore lands. Shoreline erosion protection works require application and granting of permits prior to the construction of any works. The mandate is to ensure use of public lands and waters is not impeded nor is the natural environment impacted by the public or private works in the Lake. Ministry of the Environment Conservation and Parks ("MOECP")has legislative authority under the Ontario Water Resources Act, the Environmental Protection Act and the Environmental Assessment Act. The MOECC is responsible for protecting the water quality at the site of development and any waters that may be impacted by the erosion protection works. The principles for evaluating works in waterways is based on an ecosystem approach where environmental impacts\problems are to be avoided by fitting the development into the existing environment without creating detrimental effects. The requirements for Provincial ministry approval would include the submission of applications along with supporting technical documentation demonstrating that the Provincial interest to protect the natural environment is achieved. These reports and the approval process will require significant detail and require an extended period of time for review and approvals. 6. Government of Canada The Federal government Department of Fisheries and Oceans Canada has a mandate to protect fish habitat for commercial and recreational fishing along the Lake Erie shoreline. The Fisheries Act requires that erosion protection facilities avoid causing serious harm to fish unless authorized by the Minister of Fisheries and Oceans Canada. This applies to work being conducted in or near waterbodies that may affect fish ecology or support a commercial, recreational or Aboriginal fishery. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 6 Paul Shipway CAO, Municipality of Bayham—July 2018 The Federal government has enacted the Species at Risk Act (SARA) which prohibits the killing, harming, harassment, possession, capturing or taking of a species listed as extirpated, endangered or threatened. Where any of these species are known or identified on the shore lands or in Lake Erie where works are proposed the SARA applies. The Act protects the possible damage or destruction of a residence or the destruction of any part of the critical habitat of a listed species, unless authorized by the Minister who is responsible for the species. The Ministry of Natural Resources and Forestry is responsible for implementing SARA and Minister of Fisheries and Oceans Canada is responsible for the protection of aquatic species at risk wherever they are found with the exception of areas administered by Parks Canada Agency. To protect fish and fish habitat, including aquatic species at risk, their residences, and their critical habitat, efforts must be made to avoid, mitigate and/or offset possible harm. In some instances a permit may be required from the MNRF and alternate suitable habitat created if habitat is going to be destroyed as a result of the works. Transport Canada (TC) provides federal services for the location and management of navigation aids in Lake Erie.This includes the location of markers, lights and shoreline protection features that could interfere with the movement of ships through the Great Lakes. Should any facilities be constructed along the shoreline or in the Lake, Transport Canada would be circulated to ensure the necessary navigation aids standards and approvals are met to protect vessels from the erosion facilities. The Internarial Joint Commission on the Great Lakes does not have a direct interest in erosion protection measures. They have an interest in potential impact on lake levels or if the protection works impede or redirect water. They do not appear to have direct jurisdiction on protection facilities. 7. Legal Considerations for Shoreline Protection Works The legal risks to undertaking any shoreline protection is premised on unforeseen and unpredictable impacts the protection facilities may have on shorelines beyond the area being protected. That is assuming the shoreline protection works obtain all of the necessary permits which is unlikely in the current regulatory environment. The surrounding shorelines, kilometers east and west of the subject area may be growing because sand and silt eroded from this location is being transported along the shoreline by currents and deposited in other areas. Changes to the wave action created by shoreline or in Lake"improvements"may create more or less loss of land at another location and could change where the eroded materials are deposited. Long Point to the east is most likely to be impacted by any protection facilities. This area has received the deposits of sand and silt for thousands of years to create the unique World Biosphere Reserve. It is the habitat and resting spot for migratory birds and habitat to fish, turtles and unique species found at this location. Changes to the deposition of sand and silts may change the future character of this biosphere reserve. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 7 Paul Shipway CAO, Municipality of Bayham—July 2018 There may be legal considerations regarding enjoyment of the lake and the need to sail around the protection facilities. Changes in recreational or commercial fishing could potentially be attributed to the erosion protection facilities. The shoreline protection facilities may pose a risk to flooding and erosion at other locations by redirecting the energy of the wave and wind action to other locations. This increase in erosion activities may cause an increase in the rate of erosion elsewhere along the shoreline. Wil?&am yet IBI GROUP William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham Yours truly, Siskinds LLP Per: Paula Lombardi Pa rtn:er IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-077 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND B. PROVOOST EXCAVATING LTD. FOR THE PROVISION OF DRAINAGE WORKS FOR THE TOLLGATE ROAD DRAIN IN THE MUNICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTER D.17, R.S.O. 1990 AS AMENDED. WHEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Tollgate Road Drain based on and in accordance with the terms and conditions of the tender accepted; AND WHEREAS the Corporation of the Municipality of Bayham (the "Municipality") desires to enter into an agreement with B. Provoost Excavating Ltd. for construction of the Tollgate Road Drain in accordance with the Contract as prepared by Spriet Associates; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Municipality enter into and execute an agreement with B. Provoost Excavating Ltd. for construction of the Tollgate Road Drain in accordance with the Contract attached hereto as Schedule "A" and forming part of this By-Law; 2. THAT the Mayor and the Clerk of the Municipality are hereby authorized and directed on behalf of the Municipality to execute all documents as may be required to give effect to these presents; 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF JULY, 2018. Mayor Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-078 BEING A BY-LAW TO ADOPT MUNICIPALITY OF BAYHAM PORT BURWELL EAST BEACH MANUAL WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise manual concerning Municipality of Bayham Port Burwell East Beach operational procedures; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Municipality of Bayham Port Burwell East Beach Manual be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Municipality of Bayham Port Burwell East Beach Manual attached hereto as Schedule "A" and forming part of this by-law is hereby adopted; 2. AND THAT this by-law shall come into force and take effect on the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS19t" DAY OF JULY 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-079 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JULY19, 2018 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held July 19, 2018 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by- law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF JULY, 2018. MAYOR CLERK