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
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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
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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;
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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.
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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”).
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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.
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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'
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“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.
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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.
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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:
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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.
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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]
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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:
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SCHEDULE A
IESO’s Prescribed Template – Municipal Council Support Resolution
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SCHEDULE B
IESO’s Prescribed Form – Municipal Agreement
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SCHEDULE C
IESO’s Prescribed Template – Municipal Meeting Confirmation
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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
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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.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6TH DAY
OF AUGUST 2015.
______________________ ___________________
MAYOR CLERK
By-Law 2015-088 Being a By-law to authorize the execution of...Page 29 of 44
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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