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HomeMy WebLinkAboutAugust 06, 2015 - Special CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING Thursday, August 6, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO 7:00 p.m. Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST 3. ADMINISTRATION 3 - 6 (a) Report CAO-54/15 by Paul Shipway, CAO re Vienna Community Centre - Tender Results 7 - 20 (b) Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Agreement 21 (c) Report CAO-58/15 by Paul Shipway, CAO re Port Burwell Library Roof Tender Results. 22 - 23 (d) Report CAO-59/15 by Paul Shipway, CAO re Straffordville Community Centre 24 - 25 (e) Report CAO-60/15 by Paul Shipway, CAO re Liability Reduction - Digitization Efforts 26 - 28 (f) Report CAO-63/15 by Paul Shipway, CAO re OCIF - SCF Expressions of Interest 4. BY-LAWS 29 (a) By-Law 2015-088 Being a By-law to authorize the execution of a construction agreement between The Municipality of Bayham and Grassmere Construction Ltd. 30 - 43 (b) By-Law 2015-089 Being a By-law to authorize the execution of a Community Vibrancy Agreement between The Municipality of Bayham and Erie Shores Wind Farm II Limited Partnership 5. OTHER BUSINESS (a) In Camera Page 1 of 44 Special Council Agenda August 6, 2015 Page (b) Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (c) Out of Camera 6. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 44 (a) By-Law 2015-090 Being a By-law to confirm all actions of Council 7. ADJOURNMENT (a) Adjournment Page 2 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-54/15 SUBJECT: VIENNA COMMUNITY CENTRE – TENDER RESULTS BACKGROUND In the fall of 2014 the Council of the Corporation of the Municipality placed on hold the proposed accessibility renovations to the Vienna Community Centre pending the results of facility audits. The proposed accessibility renovations were supported by a $50,000 grant from the Enabling Accessibility Fund. DISCUSSION The Enabling Accessibility Grant funds had an original expiry date of March 31, 2015. The Municipality, over seven months ago, applied for an extension on the grant until the end of 2015 on the grounds that the Municipality needed to verify the funds were being spent on a sustainable facility. The Municipality is still in possession of the $50,000 and has been informed that an extension of use of the funds has been granted until December 1, 2015. On June 18, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-39/15 re Vienna Community Centre Accessibility Renovations be received for information; AND THAT Council direct staff to proceed with tendering utilizing the Spriets Associates proposal; AND THAT funds for the project be allocated from the Enabling Accessibility Fund Grant, Vienna Community Centre Reserve and the Facility Reserve if required. The results of the tender are as follows (results include HST and 5% Contingency): Contractor Amount Graceview Enterprises Inc. 194,360 Grassmere Construction Ltd. 161,450 Reid & DeLeye Contractors Ltd. 212,779 SDI Builders 2010 Ltd. 198,315 The Spriet Associate recommendation correspondence is attached hereto as Appendix ‘A’. The Vienna Community Centre Reserve currently contains: $85,809.42 + $50,000 Enabling Report CAO-54-15 by Paul Shipway, CAO re Vienna Community Ce...Page 3 of 44 Accessibility Fund = $138,809. The project net of recoverable HST is $145,170.46 which leaves an unfunded amount of $6,361.04. Staff would also recommend that during the project, the minor electrical issues within the facility be addressed and that the back loading dock is removed and replaced. Staff would recommend the unfunded amount of the project and the aforementioned works be funded through the Facility Reserve Account. RECOMMENDATION 1.THAT Report CAO-54/15 re Vienna Community Centre Tender Results be received for information; 2.AND THAT Council direct staff to bring forward a by-law to enter into a construction agreement with Grassmere Construction Ltd.; 3.AND THAT Council direct staff to complete additional electrical and loading dock repairs utilizing funds from the Facility Reserve Account. Respectfully Submitted by: Paul Shipway CAO Report CAO-54-15 by Paul Shipway, CAO re Vienna Community Ce...Page 4 of 44 Report CAO-54-15 by Paul Shipway, CAO re Vienna Community Ce...Page 5 of 44 Report CAO-54-15 by Paul Shipway, CAO re Vienna Community Ce...Page 6 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-56/15 SUBJECT: LRP CONTRIBUTION AGREEMENT BACKGROUND On July 16, 2015 David Eva, Vice President, Capstone Power Development presented a delegation concerning a new Large Renewable Procurement (“LRP”) program, within the Municipality of Bayham to be known as Erie Shores Wind Farm II. Council passed the following resolution concerning the aforementioned: THAT the Erie Shores Wind Farm presentation be received; AND that a By-law be brought forward authorizing the Municipal Council Support Resolution and agreement be completed; AND THAT a working group consisting of the CAO, Mayor Ens, Councillors Ketchabaw, Casier and Breyer develop terms of a Contribution Agreement. The Project is dependent upon an award by the Ontario Independent Electricity System Operator (“IESO”) under the new Large Renewable Procurement program, which is a competitive procurement process. Applications for the LRP program are due September 1, 2015. Erie Shores Wind Farm II is seeking support from the Municipality of Bayham, in the following formats: Municipal Council Support Resolution i.IESO Prescribed Template; ii.Council resolution to provide support for a Large Renewable Project and proposed Connection Line proposed to be located in the host municipality; iii.Includes prescribed language drafted by IESO to be incorporated into a resolution. Municipal Agreement i.IESO Prescribed Form; ii.To confirm that a binding agreement was reached between the host municipality and the “Registered Proponent” (Erie Shores Wind Farm II Limited Partnership); iii.An agreement to establish the principles under which, following LRP Contract award, Capstone and the municipality will work together to finalize definitive agreements, permits, and benefits; a.Acknowledgement by the proponent to comply with all municipal permits and approvals, and for the municipality to process such permits and approvals in a timely manner; Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 7 of 44 b. Indicate the mutual interest of the parties to enter into a road use agreement for any works within the municipal road allowance; c. Provide for the municipality to issue a Municipal Council Support Resolution, according to the IESO template; d. Provide for Capstone to make certain community benefit contributions over the life of the project; iv. Request to Council to negotiate a form of Municipal Agreement with Capstone in respect of Erie Shores II project a. Capstone is seeking execution of the Agreement and Council Resolution by August 6, 2015. As with all renewable energy projects in Ontario, Erie Shores Wind Farm II will be subject to the Renewable Energy Approval (“REA”) process, a permitting process which evaluates environmental, social and archaeological impacts using rigorous standards. The REA process mandates a detailed and multi-faceted public consultation process which will solicit comments and feedback from municipal government, First Nations, local residents and businesses in the Municipality of Bayham. DISCUSSION Erie Shores Wind Farm: i. Achieved commercial operation in 2006; ii. 99 MW facility, 66 GE SLE-1.5 MW turbines; a. 24 Turbines within the Municipality of Bayham; b. As per By-law No. 2014-125, Rates & Fees By-law, Building Permit fee of $10/$1000 of value plus $100 Administration Fee; c. 2014 Turbines valued at $93,300, Total 2014 Taxation of $7,649; iii. Operations team of 10 fulltime staff based in Vienna; a. Total 2014 Taxation $16,559; iv. Facility’s operations and maintenance activities locally managed since 2010 v. By-law No. 2005-056, AIM Easement Agreement a. 40 Year Term b. $18,000 annual payment indexed annually by CPI c. Split 50% Tillsonburg 50% Bayham vi. By-law No. 2005-058, Road Use Agreement a. 15 Year Term plus 10 Year Renewal b. In consideration for the granting of the Rights set forth above, the Partnership shall pay to the Municipality: i. An initial payment of $5,000.00 on or before the date of execution of this Agreement; and ii. An annual fee to be paid to the Municipality on May 1st of each year of the Term, commencing May 1st, 2006 in the amount of $2,000.00), such annual fee to be increased every five (5) years thereafter for the next five (5) year period, by the percentage increase in the CPI for the immediately preceding five (5) year period, provided that the cumulative increase in CPI for any such five (5) year period shall not exceed ten percent (10%). vii. Strong relationships with the community, long history without complaints or issues viii. Operations team are involved in community outreach through volunteering, sponsorship, and donations; a. Port Burwell Fire Department, Port Burwell Public School, Beach Fest (Tub Daze), Bayham Wind Interpretive Centre, Catfish Creek Conservation Authority The legislative environment concerning Renewable Energy Applications has changed significantly since the Erie Shores Wind Farm Project, specifically concerning Contribution Agreements. What follows is an assessment of the proposed Erie Shores Wind Farm II Project and other LRP Contribution agreement statistics. It should be noted that since the proposed Erie Shores Wind Farm II Project will be between Malahide and Bayham, staff respectfully recommend ensuring the agreements contain identical provisions and the MW fees be allocated based on number of turbines in an appropriate manner. Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 8 of 44 Erie Shores Wind Farm II i. Competitive procurement, bids due September, 1, 2015; ii. Capstone’s proposed expansion in and around existing facility; a. Up to 70 MW (20-30 turbines); iii. Many siting considerations, including: a. Avoiding settlement areas, including Copenhagen, Port Bruce, Port Burwell, Vienna b. Renewable Energy Approval compliance: 40 dBA noise limit, 550-m setbacks, ROW setbacks, sensitive environmental features. The following is examples of recently negotiated and/or proposed LRP Contribution agreements under the current legislative environment: Renewable Energy Systems Canada – West Elgin i. 60 MW (25 turbines) ii. $3,000/MW/Year iii. Stakeholder benefit program $3,000/MW iv. $160,000 staff oversight payment v. $5000/year administration fee Renewable Energy Systems Canada – Addington Highlands i. 100-170MW (30-50 turbines) ii. $2,000/MW/Year iii. Bursary Program a. Five (5) $5,000 bursaries for citizens of the Township to enroll in educational or training programs iv. $30,000/year as voluntary contribution during development v. Road User Agreement a. robust maintenance of roads and ROWs; 1.5 x commercial value of land for any ROW easements vi. Hire local labor and companies where qualified for the construction and operation of the project. NextEra Energy - Addington Highlands i. $1,750/MW/Year EDF EN Canada Inc. - Romney Energy Centre Limited Partnership – Chatham-Kent i. 100 MW ii. $2,500/MW/Year iii. Road Use Agreement; a. This agreement will provide for an upfront payment to the Municipality of Chatham- Kent of $100,000 to cover the cost of Municipal staff overseeing construction and road usage connected to this Project, as well as an annual administration fee of $5,000 ($100,000 over the 20 year life of the contract). Haldimand County – General LRP Contribution Agreement i. $3,500.00/MW/Year ii. Five Thousand Dollars ($5,000.00) per kilometer (rounded up to the nearest kilometer) of overhead transmission line of 115 kV or greater installed in municipal rights-of-way and/or road allowances located within with the boundaries of Haldimand County pursuant to the Road Use Agreement (the “Transmission Line Payment”). Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 9 of 44 RECOMMENDATION 1.THAT Report CAO-56/15 re LRP Contribution Agreement be received for information; 2.AND THAT Council direct staff to bring forward a by-law to execute the LRP Contribution Agreement attached hereto. Respectfully Submitted by: Paul Shipway CAO Staff, in consultation with the Township of Malahide Staff, have reviewed the draft LRP Contribution Agreement, attached hereto as Appendix ‘A’ as proposed by Capstone Power Development under the current legislative environment. This Agreement includes the following terms: i.Capstone to provide annual Community Benefits Contribution at a fixed rate of $3,000.00 per MW of Contract Capacity installed in the municipality; noting that this contribution amount will be reduced by the amount that property taxes levied by the Municipality for the project in any given year that exceeds the previous year’s taxes by more than five (5) percent. (If the taxes levied do not increase more than five percent, than there is not reduction to the contribution amount.) ii.Municipality agrees to process, review and provide written feedback on Capstone’s draft REA (renewable energy approval) application in an expeditious manner (within 60 days). iii.Municipality agrees to process, review and render a decision on Capstone’s permit applications in an expeditious manner (within thirty (30) days after the submission has been made). iv.Capstone to provide capacity funding in the amount of $25,000 to the Municipality for administrative and third party costs incurred to facilitate the timely review of the Proponent’s draft REA application. Based on the current legislative framework and recently negotiated and/or proposed LRP Contribution Agreements with other municipalities, Staff are prepared to recommend the terms as outlined in the draft LRP Contribution Agreement. Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 10 of 44 v3 DRAFT: JULY 30, 2015 COMMUNITY BENEFITS AGREEMENT THIS COMMUNITY BENEFITS AGREEMENT (“this Agreement”) made as of the _____day of_______________, 2015. BETWEEN: ERIE SHORES WIND FARM II LIMITED PARTNERSHIP (the “Proponent”) - and - [NTD: TOWNSHIP OF MALAHIDE/MUNICIPALITY OF BAYHAM] (the “Municipality”) WHEREAS the Proponent intends to develop a wind energy project located in the Municipality and the [NTD: Municipality of Bayham or Township of Malahide] (the “Project”) for a bid submission to the Independent Electricity System Operator (“IESO”) pursuant to the IESO’s Large Renewable Procurement Program (the “LRP Program”), and if successful will enter into a power purchase agreement with IESO (the “LRP I Contract”); WHEREAS the Project is expected to have an aggregate rated nameplate capacity of up to70 megawatts and will include wind turbines, together with appurtenant equipment, electricity collection systems, transformers, electricity switchyards, transmission or distribution lines, access roads and owned and leased real property; WHEREAS the Proponent has agreed to provide certain Community Benefits Contributions (as defined herein) for the benefit of the residents of the Municipality; NOW THEREFORE, in consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the parties agree with each other as follows: 1.DEFINITIONS In this Agreement: “Commercial Operation Date” means the date on which the Project achieves commercial operation; “Community Benefits Agreement” shall mean this Agreement; “Community Benefits Contribution” means the monies payable by the Proponent to the Municipality in accordance with Section 3; “Contract Capacity” has the meaning as defined on the LRP I Contract for the Project; APPENDIX 'A' Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 11 of 44 v3 DRAFT: JULY 30, 2015 - 2 - “Council" means the elected municipal council of the Municipality; “Effective Date” has the meaning set out in Section 2.1; “IESO” has the meaning set out in the recitals; “LRP Program” has the meaning set out in the recitals; “Project” has the meaning set out in the recitals; “REA” means the renewable energy approval or equivalent approval issued for the Project by the Ministry of the Environment and Climate Change; “Stub Year” means the period of time between the Commercial Operation Date and December 31 of the same year; “LRP I Contract” has the meaning set out in the recitals; “Term” has the meaning set out in Section 2.1; “year” means a calendar year. 2. TERM 2.1 This Agreement shall become effective on the date first above written (the “Effective Date”) and, subject to Section 2.3, shall continue thereafter for a period (the “Term”) expiring on the earlier of (i) the date which is twenty (20) years following the Commercial Operation Date; and (ii) the date of termination of the LRP I Contract (written notice of which shall be delivered by the Proponent to the Municipality). 2.2 If the Proponent is not awarded a LRP I Contract by the IESO, this Agreement shall terminate and be deemed to be null and void and of no further force or effect. 3. COMMUNITY BENEFITS CONTRIBUTION 3.1 For the Stub Year and each following year during the remainder of the Term, the Proponent shall pay the Municipality the Community Benefits Contribution. 3.2 Subject to Sections 3.3 and 4, the Community Benefits Contribution for a given year during the Term shall be the fixed rate of $3,000.00 per MW of Contract Capacity installed in the Municipality. 3.3 The Community Benefits Contribution for a given year shall be reduced by the amount that property taxes levied by the Municipality (in respect of the Project in that year) exceed the previous year’s taxes in respect of the Project by more than five (5) percent. For greater certainty, the Proponent shall be responsible for monitoring any applicable increases to property taxes, and calculating any resulting reduction to the Community Benefits Contribution, which reductions shall only be made in any given year provided that the Proponent first provides the Municipality with reasonable supporting evidence of such calculations. Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 12 of 44 v3 DRAFT: JULY 30, 2015 - 3 - 3.4 The Community Benefits Contribution for the Stub Year and the final year of the Term shall be prorated using the percentage that the number of days in the Stub Year or the final year of the Term, as applicable, is to 365. 3.5 The Proponent shall pay the Community Benefits Contribution for the Stub Year on April 30 of the first year following the Commercial Operation Date and for each year of the Term thereafter on April 30 of the following year. The obligation of the Proponent to pay the Community Benefits Contribution for the final year of the Term shall survive the expiry or termination of this Agreement. 4. COMMUNITY ACKNOWLEDGEMENT & SUPPORT 4.1 The Municipality and the Proponent acknowledge and agree that the support of the Municipality for the duration of the Agreement is paramount to the success of the Project. The Community Benefits Contributions are made in consideration of the Municipality's recognition of the value to the community of the Project and the Proponent’s investment within the Municipality. 4.2 The Municipality agrees to process, review and provide written feedback on the Proponent’s draft REA application, and a completed municipal consultation form, in an expeditious manner and in no case more than sixty (60) days after the Proponent’s submissions have been made. 4.3 The Municipality agrees to process, review and render a decision on the Proponent’s permit applications, including applications for building permits, severance agreements, entrance permits, oversize/overweight haulage permits, encroachment permits, each as applicable, in an expeditious manner and in no case more than the timeframe outlined in the Municipality's by-laws or thirty (30) days after the Proponent’s application or submission has been made, whichever is less. 4.4 Within five (5) business days following the execution of this Agreement, the Municipality shall provide to the Proponent executed copies of the IESO’s Prescribed Template – Municipal Council Support Resolution, attached hereto at Schedule A, and Prescribed Form – Municipal Agreement, attached hereto at Schedule B, and Prescribed Form – Municipal Meeting Confirmation, attached hereto at Schedule C. 5. PERMIT FEES AND MUNICIPAL EXPENSES 5.1 The Proponent shall pay any valid permit fees applicable to any components of the Project for which a permit from the Municipality is required in accordance with the laws of the Province of Ontario. 5.2 The Proponent agrees to provide capacity funding in the amount of $25,000 to the Municipality for administrative and third party costs incurred to facilitate the timely review of the Proponent’s draft REA application and completion of the municipal consultation form, as applicable, which shall be payable upon submission of the draft reports to the Municipality. Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 13 of 44 v3 DRAFT: JULY 30, 2015 - 4 - 6. ASSIGNMENT Neither party may assign this Agreement, in whole or in part, to any other person without the prior written consent of the other party, which consent shall not be unreasonably withheld, except that no consent shall be required to assign this Agreement to an affiliated or successor entity or to assign a security interest in this agreement to any lender to the Project or the Proponent. The Municipality agrees to execute and deliver an acknowledgement and consent agreement, or other such agreement as may be reasonable necessary, with any lender being assigned a security interest in this Agreement. If the Proponent sells or transfers the Project it shall provide notice thereof to the Municipality and shall ensure that the transferee acknowledges this Agreement and agrees to be fully bound by and perform the duties and obligations of the Proponent hereunder in the same manner as if such person was an original signatory to this Agreement. 7. DISPUTE RESOLUTION 7.1 Prior to submitting a dispute to arbitration in accordance with this Part, the parties shall conduct good faith negotiations with a view to resolving the outstanding issue. If these negotiations fail, the parties may by mutual agreement refer the issue to a mediator to be chosen and paid for jointly by the parties without prejudice to the rights of either party to proceed to arbitration in accordance with this Part should such mediation fail. 7.2 If a party has the right to request that a matter be submitted to arbitration, the party may commence the arbitration by delivering a written request to the other party setting out the issue that the party requests be submitted to arbitration and the section of this agreement that entitles the party to request that the matter be resolved by arbitration, and thereafter the matter shall be submitted to arbitration pursuant to the Arbitrations Act, or any applicable successor legislation, and the decision of the arbitrator or, if more than one, the decision of a majority shall be final and binding on the parties with no right of appeal on a question of law, fact or mixed law and fact. 7.3 Where a party requests a matter be submitted to arbitration, the matter shall be decided by a single arbitrator acceptable to the parties, unless either party notifies the other that the former wishes the matter be decided by a Board of Arbitration, in which case each party may appoint one member to the Board of Arbitration and the two members appointed by the parties shall appoint the third member who shall act as Chair. 7.4 Notwithstanding anything to the contrary herein, the arbitrator will not have any power to alter or change any provisions of this Agreement or to impose any new provisions to this Agreement or to substitute any new provisions for any existing provisions or to give any decision inconsistent with the terms and provisions of this Agreement. 7.5 From the commencement of an arbitration proceeding, the Proponent may postpone payments it is required to make pursuant to this Agreement. 8. COMMUNICATIONS 8.1 All invoices, notices and communications to the Proponent in connection with this Agreement shall be addressed to the party at: Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 14 of 44 v3 DRAFT: JULY 30, 2015 - 5 - Erie Shores Wind Farm II Limited Partnership 155 Wellington Street West, Suite 2930 Toronto, Ontario, M5V 3H1 Attention: David Eva, Vice President Email: deva@capstoneinfra.com Fax: (416) 649-1335 All invoices, notices and communications to the Municipality in connection with this Agreement shall be addressed to:  Address:  8.2 Any invoice, notices or other communication required or permitted to be given or made under this Agreement shall be in writing, and shall be properly given or made if: (a) delivered in person during normal business hours left with the addressee or any other responsible employee at the relevant address set out herein, or (b) fax or sent by other means of recorded electronic communication provided receipt thereof is electronicall y confirmed. 8.3 Any party to this Agreement may from time to time change its address for notice by giving notice to the other party in the manner as herein provided. 9. AMENDMENT No amendment to this Agreement shall be permitted, except by the written mutual consent of both parties, and any amendment shall be in writing. 10. FAILURE TO NOTIFY The mere failure of either party to give notice to the other of the breach or non-fulfillment of any provision of this Agreement shall not constitute acceptance of the breach or non-fulfillment. 11. ACCEPTANCE OF BREACH The acceptance of a breach or non-fulfillment of any provision of this Agreement shall not constitute acceptance of a further breach or non-fulfillment of either the same provision, or any other provision of this Agreement. Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 15 of 44 v3 DRAFT: JULY 30, 2015 - 6 - 12. GOVERNING LAW This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada operating therein. 13. ENTIRE AGREEMENT This Agreement constitutes the entire agreement or understanding between the parties with respect to the subject matter hereof and supersedes all prior negotiations and documents in relation thereto, and each party acknowledges that there are no collateral representations or warranties made by either in respect of the subject matter of this Agreement. 14. NON-VALIDITY OF PROVISIONS If any term or provision of this Agreement, or the application thereof to any person or circumstance shall, to any extent, be determined by judicial order or decision to be invalid or unenforceable, the remainder of this Agreement or the application of such term or provision to persons or circumstances other than those as to which it is held to be invalid, shall be enforced to the fullest extent permitted by law. 15. COUNTERPARTS This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, and all of which together shall constitute a single instrument. [Execution page follows] Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 16 of 44 v3 DRAFT: JULY 30, 2015 - 7 - IN WITNESS WHEREOF this Agreement has been executed by the parties by their authorized signing officers to be effective as of the date first set out above. [NTD: TOWNSHIP OF MALAHIDE/MUNICIPALITY OF BAYHAM] Per: Name: Office: Mayor Per: Name: Office: Clerk ERIE SHORES WIND FARM II LIMITED PARTNERSHIP, by its general partner, ERIE SHORES WIND FARM II GENERAL PARTNER INC. Per: Name: Title: Per: Name: Title: Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 17 of 44 v3 DRAFT: JULY 30, 2015 - 8 - SCHEDULE A IESO’s Prescribed Template – Municipal Council Support Resolution Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 18 of 44 v3 DRAFT: JULY 30, 2015 - 9 - SCHEDULE B IESO’s Prescribed Form – Municipal Agreement Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 19 of 44 v3 DRAFT: JULY 30, 2015 - 10 - SCHEDULE C IESO’s Prescribed Template – Municipal Meeting Confirmation Report CAO-56/15 by Paul Shipway, CAO re LRP Contribution Ag...Page 20 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-58/15 SUBJECT: PORT BURWELL LIBRARY ROOF TENDER RESULTS BACKGROUND On July 16, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-48/15 re Port Burwell Library - Gazebo be received for information; AND THAT staff be directed to conduct a request for quotations for the replacement of the roofs of the Port Burwell Library and Gazebo. DISCUSSION The Municipality received one quote from the Haines Group as follows: Shingle Roof Gazebo & Library: $6,939.33 (includes HST) Steel Roof Library & Shingle Roof Gazebo: $13,434.57 (includes HST) RECOMMENDATION 1.THAT Report CAO-58/15 re Port Burwell Library Roof Tender Results be received for information; 2.AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAO Report CAO-58/15 by Paul Shipway, CAO re Port Burwell Librar...Page 21 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-59/15 SUBJECT: STRAFFORDVILLE COMMUNITY CENTRE BACKGROUND On June 4, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT staff be directed to make application under the Canada 150 Infrastructure Fund for renovations to the Straffordville Community Centre. On July 16, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-47/15 re Municipal Property Surplus be received for information; THAT the Council of the Corporation of the Municipality of Bayham declare Part 1, on the yet to be registered plan, being the Straffordville Community Centre surplus to the needs of the Municipality for the purpose of sale; That the Municipality provide 25 days of notice for submission of comments and offers to purchase commencing at such time as the plans are formally registered and notice erected. On July 31, 2015 the Municipality of Bayham was awarded $250,000 through the Canada 150 Infrastructure Fund towards the repair of the Straffordville Community Centre. DISCUSSION The Canada 150 Infrastructure Fund requires matching dollars from the Municipality of Bayham. To utilize the entire $250,000 of Federal Funds the Municipality will also have to provide $250,000. The Straffordville Community Centre Reserve Fund currently contains $94,021.10. If Council continues with its plan to allocate $150,000 to facilities annually for the next five years, the Municipality would have the funding in place to provide matching funds (utilizing the 2016 $150,000 Facility Capital Levy). Note: A $250,000 commitment to the Straffordville Community Centre utilizing the aforementioned funds and the Vienna Community Centre Accessibility Renovations, utilizing funding from the Vienna Community Centre Reserve would leave both reserve funds empty. Report CAO-59/15 by Paul Shipway, CAO re Straffordville Comm...Page 22 of 44 Should Council elect to move forward with repairs to the Straffordville Community Centre utilizing the full $500,000 it is respectfully recommended that staff be directed to have the municipal engineers develop a tender for review to address the concerns outlined in the 2014 Facility Audits to be tendered in January 2016. As was noted during municipal facility surplus discussions, Council may permit the surplus process to continue or may cancel the surplus process as no formal agreements have been executed. RECOMMENDATION 1.THAT Report CAO-59/15 re Straffordville Community Centre be received for information; 2.AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAO Report CAO-59/15 by Paul Shipway, CAO re Straffordville Comm...Page 23 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-60/15 SUBJECT: LIABILITY REDUCTION – DIGITIZATION EFFORTS BACKGROUND Section 255 of the Municipal Act 2001, S.O. 2001, c. 25, provides that the Council of a Municipality may, subject to the approval of the municipal auditor, establish retention periods during which the records of the municipality and local boards of the municipality must be retained and preserved. Furthermore, a Municipality shall not destroy any of its records except in accordance with a by-law passed by the Municipality. DISCUSSION A sound records retention program facilitates efficiencies related to search and retrieval of information, and promoting an environment of accountability and transparency. Record series are retained for set periods of time for given purposes including protection of personal information and liability mitigation. Pursuant to Municipality of Bayham By-law No. 2014-091, being the Record Retention By-law, the Municipality is required to retain the record series P-08 Building Permits and Plans Permanently. The Permanent retention period on Building Permits and Plans is to provide liability mitigation to ensure that building permits were issued under appropriate circumstances should insurance claims or legal cases arise. As staff have been centralizing and digitizing records, it became apparent staff would not have the ability to digitize oversized building permit plans. Oversized building permit plans require oversized scanners. Additionally, due to the historic storage conditions of the building permit plans they are/have deteriorated to a condition where the record retention and liability reduction value of the records is rapidly decreasing and/or lost. To preserve the value of the building permit plans staff first contacted the County, however the County does not have the appropriate scanner given the condition and size of the building permit plans. Subsequently, through the municipal Laserfiche provider staff located a large format scanner capable of scanning documents in a fragile and deteriorating condition and provided a test box of plans which came back in excellent digital format (hard copies are subsequently disposed of). Due to the size, condition and varying number of plans per banker box an exact cost to digitize the building permit plans cannot be provided however a box can range from $300-$850/box. The Municipality currently possesses approximately 20 boxes of plans stored in varying locations. The operating budget currently contains the funds to cover this expense, specifically the Liability Report CAO-60/15 by Paul Shipway, CAO re Liability Reduction...Page 24 of 44 Reduction/Insurance expense account contains $24,000. Staff are requesting Council approval, before proceeding, to utilize Working Capital Reserve Funds, if required, at the conclusion of 2015 should other expenses utilize the operating expense fund (additional insurance claims etc.) The digitization of the building permit plans will accomplish two mains goals: 1)Provide liability mitigation by having fully retained building permit plans; 2)Permit centralization of all municipal records in the municipal vault, eliminating offsite record storage in locations with environments not conducive to record retention. Lastly, to avoid any such issues in the future since January 1, 2015 staff have requested both Planning and Building Permit Plans in digital and hard copy format. RECOMMENDATION 1.THAT Report CAO-60/15 re Liability Reduction – Digitization Efforts be received for information; 2.AND THAT Council direct staff to utilize Working Capital Reserve Funds, if required, at the conclusion of 2015 to fund the digitization of oversized Building Permit Plans should the operating budget not contain the funds to cover the expense. Respectfully Submitted by: Paul Shipway CAO Report CAO-60/15 by Paul Shipway, CAO re Liability Reduction...Page 25 of 44 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: August 6, 2015 REPORT: CAO-63/15 SUBJECT: OCIF – SCF EXPRESSIONS OF INTEREST BACKGROUND On August 18, 2014, the Honourable Kathleen Wynne, Premier of Ontario, announced two grant programs – Ontario Community Infrastructure Fund (OCIF) and the Small Communities Fund (SCF). OCIF The OCIF will provide $100 million per year to continue to support the revitalization and repair of roads, bridges and other critical infrastructure in small, rural and northern communities. The OCIF includes $50 million per year in application-based funding and another $50 million per year in stable, predictable formula-based funding. i.Municipalities will be notified in September 2014 of the amount each will receive under the formula-based funding. There is nothing municipalities need to submit to access the formula-based funding. ii.Expressions of Interest (EOI) may be submitted annually (when called by the Province) for project specific funding for critical road, bridge, water, and wastewater projects. These EOIs will be evaluated on pre-determined criteria and successful EOIs will be invited to submit a full application for review. SCF Through the SCF, Ontario and Canada will each provide $272 million to support projects in municipalities with populations less than 100,000. The SCF is part of the federal government’s ten- year Building Canada Fund. Under both programs, all applications must demonstrate how the proposed project fits within a comprehensive asset management plan (AMP) and the plan itself must be submitted with the full applications. DISCUSSION Staff reviewed the potential projects based on eligibility, health and safety risks (primary evaluation criteria under the program), priority under the AMP (secondary criteria under the program), and financial impact on the municipality and users. OCIF The project proposed for OCIF is the Richmond Distribution System-Bayham Water Meter Upgrades. The amount of provincial funding (ie. share of total project cost) that may be requested is flexible. Applicants are asked to request only the amount of provincial funding that is needed to Report CAO-63/15 by Paul Shipway, CAO re OCIF - SCF Expressi...Page 26 of 44 move forward with the project, up to a maximum of 90% of total project costs or $2 million whichever is lower. Applicants must provide a rationale for the amount of provincial funding requested and demonstrate how they themselves are assisting financially with the project, including exploring: debt financing, user fees and charges (ie. water rates), local improvement charges and special services levies (ie. area rates), Infrastructure Ontario’s services, federal government support, and partnerships (ie. with other municipalities). Richmond Distribution System-Bayham Water Meter Upgrades the appropriate project for this grant program. There are health and safety related issues confronting the Municipality that have been identified during the most recent inspection of the system and continue to deteriorate. The engineer has provided a cost estimate of $1,800,000 to replace the current system and meters with a system that will ensure regulatory compliance, significantly improve access for maintenance activities and reliability to consumers. The upgrades will also create a water metering system that is homogeneous in technology and provides the best overall value for the life cycle of the system. This new technology will provide the Municipality with the following goals: 1. Improved efficiency over the current meter reading process. 2. Reduction in the number of work orders related to water metering system. 3. Decrease in the amount of time taken to diagnose and repair issues related to water metering. 4. Increase in the frequency and quality of analytical data to water operations and billing staff. 5. Improvement of customer service by adopting a more proactive approach to water loss monitoring. Through the utilization of water reserves the municipality currently possesses the required $180,000 to fund the 10% municipal portion of the project. SCF The project proposed for SCF is the Port Burwell Water Tower Rehabilitation. Funding arrangements under this program are the more traditional one third per party – federal/provincial/municipal. The Water Tower was recently inspected and several repairs/upgrades have been recommended, including painting the water tower and addressing a number of health and safety risks. The PBASWSS Joint Board of Management is not eligible to apply for the grant program. However, Staff are of the opinion that the water tower is a municipally- owned asset; and thus, the partner municipalities are eligible for funding (similar to 2014 OCIF Dexter Line). The Port Burwell water system is a lengthy waterline with relatively few customers to support the cost of significant rehabilitation or replacement requirements. There are several health and safety issues that need to be addressed as soon as possible as well as a number of recommendations that have a high priority once the immediate needs are met. The rehabilitation of the water tower will be a considerable financial burden to the water users. The recent inspection by Landmark provides a cost scope of $834,600. Adding in a 10% contingency along with the non-rebate portion of the HST, total project costs are estimated at $935,000. The actual costs to maintain the Port Burwell water system are proportioned based on annual flow. The proportions are generally: i. Municipality of Bayham - 60%, ii. Township of Malahide - 35%, iii. Municipality of Central Elgin - 5%. Total Project Costs $935,000 Funding Federal funding $311,667 Provincial funding $311,667 Port Burwell System $311,666 Partner Shares Bayham (share at 60%) $187,000 Report CAO-63/15 by Paul Shipway, CAO re OCIF - SCF Expressi...Page 27 of 44 Total Project Costs $935,000 Malahide (share at 35%) $109,083 Central Elgin (share at 5%) $ 15,583 With the costs being shared by the Owners, staff anticipate that the Municipality net cost after grant would be $187,000. The cost to the Municipality of Bayham without the grant program to rehabilitate the water tower would be approximately $561,000. Partnerships/Joint Submissions: The Ministry’s website encourages joint applications, giving greater consideration to EOIs that have multiple applicants. The question and answer section of the Ministry’s website addresses this question as follows: Yes. Joint projects are encouraged under both programs. Joint projects are projects wherein both applicants are contributing financially to the project. If a joint project is proposed, it counts as a project put forward by both applicants (i.e., a municipality cannot submit a joint application in addition to a stand-alone application). As a part of the evaluation of a project at the application stage, additional consideration will be given to applicants that are pursuing joint projects. Staff at the Township of Malahide will be recommending the Port Burwell Water Tower project to their Council, under the SCF, at its meeting on August 6, 2015. Subject to project approval by the other partner municipality, Staff would recommend the submission of a joint EOI submission for the Port Burwell Water Tower with the Township of Malahide as the lead applicant. CONCLUSION The grant programs limit the number of applications to one per municipality per grant program. Staff are recommending applying for the Richmond Distribution System- Bayham Water Meter Upgrades under the OCIF program along with the Port Burwell Water Tower under the SCF program. These projects were chosen as they represent the projects with the most immediate health and safety concerns and also have the greatest future financial impact for the municipality and the PBASWSS. RECOMMENDATION 1.THAT Report CAO-63/15 re OCIF-SCIF Expressions of Interest be received for information; 2.AND THAT Staff be authorized to prepare and submit an Expression of Interest (EOI) to the Ontario Community Infrastructure Fund program for the replacement of the Richmond Distribution System-Bayham Water Meter Upgrades as outlined in Report CAO 63/15 3.AND THAT Staff be authorized to prepare and submit a joint Expression of Interest (EOI) with the Township of Malahide to the Small Communities Fund program for the rehabilitation of the Port Burwell Water Tower as outlined in in Report CAO 63/15, subject to Malahide Council supporting such a joint EOI submission. Respectfully Submitted by: Paul Shipway CAO Report CAO-63/15 by Paul Shipway, CAO re OCIF - SCF Expressi...Page 28 of 44 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-088 A BY-LAW TO AUTHORIZE THE EXECUTION OF A CONSTRUCTION AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND GRASSMERE CONSTRUCTION LTD. FOR THE PROVISION OF ACCESSIBILITY RENOVATIONS TO THE VIENNA COMMUNITY CENTRE WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a construction agreement for provision of accessibility renovations to the Vienna Community Centre. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement between the Municipality of Bayham and Grassmere Construction Ltd. for the provision of accessibility renovations to the Vienna Community Centre. 2. THAT this by-law shall come into full force and effect upon the final passing. 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P a g e 4 3 o f 4 4 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015 - 090 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE SPECIAL MEETING HELD AUGUST 6, 2015 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 special meeting held August 6, 2015 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 6th day of August, 2015. ____________________________ _____________________________ MAYOR CLERK By-Law 2015-090 Being a By-law to confirm all actions of Cou...Page 44 of 44