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October 15, 2015 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, October 15, 2015 7:00 p.m. 6:00 p.m. In Camera 6:30 p.m. - Committee of Adjustment – O’Connor 7:30p.m. - Public Meeting - Planning (Zoning) – Berkel Holdings Page 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) 5 - 16 (a) Regular meeting of Council held October 1, 2015 Budget meeting held October 6, 2015 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1. Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2. Reports to Council Page 1 of 126 2015 Regular Council Agenda October 15, 2015 Page 9. PHYSICAL SERVICES - EMERGENCY SERVICES 9.1. Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2. Reports to Council 17 - 19 (a) Report BL-04/15 by Randy White, Fire Chief/By-law Officer re Prohibited Animal By-law Exemption 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 10.1. Correspondence 10.1.1 Receive for Information 20 - 21 (a) Notice of passing of Zoning By-Law Z643-2015 (Ringland) Notice of passing of Zoning By-Law Z644-2015 (Thompson/Sykes) 22 (b) Notice of a Public Meeting concerning a proposed Minor Variance in the Municipality of Bayham re O'Connor 10.1.2 Requiring Action 10.2. Reports to Council 23 - 24 (a) Report DS-64/15 by Bill Knifton, Chief Building Official/Drainage Superintendent re 3rd Quarter Report 25 - 26 (b) Report DS-66/15 by Bill Knifton, Chief Building Official/Drainage Superintendent re Stewart Drain No. 1 Award Contract 11. FINANCE AND ADMINISTRATION Page 2 of 126 2015 Regular Council Agenda October 15, 2015 Page 11.1. Correspondence 11.1.1 Receive for Information 27 (a) Ontario 211 Services re Annual Report 2014 - 2015 28 (b) Ministry of Citizenship, Immigration and International Trade re June Callwood Outstanding Achievement Award for Voluntarism in Ontario 29 - 32 (c) Ministry of Tourism, Culture and Sport re Provincial Cultural Strategy - Province Wide Consultations - Culture Talks 33 (d) Stewardship Ontario re Industry funding for Municipal Blue Box Recycling for the first quarter of the 2015 Program Year 34 - 53 (e) Elgin County re 2016 Policing Costs Billing Statement 54 - 55 (f) Meeting Invitation re Ontario Age-Friendly Communities Defining Local Principles October 22 56 - 58 (g) MSC October 2015 E-Letter and Correspondence 59 - 63 (h) Ontario Energy Board Notice to customers of Union Gas Limited Union Gas re 2016 Rates Application 64 - 65 (i) Municipality of Greenstone re Resolution Bill 100 Supporting Ontario Trails Act 66 (j) Spark Ontario re Inspiration Starts Here 67 (k) Bayham - Edison Museum re Let's Go Hawaiian 11.1.2 Requiring Action 11.2. Reports to Council 68 - 71 (a) Report TR-18/15 by Lorne James, Treasurer re 2015 Q3 Variance Report 72 - 79 (b) Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion 80 - 115 (c) Report CAO-76/15 by Paul Shipway, CAO re Animal Control Services - Animal Control By-Law 116 - 120 (d) Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Centre Page 3 of 126 2015 Regular Council Agenda October 15, 2015 Page 121 - 122 (e) Report CA0-82/15 by Paul Shipway, CAO re Ridgetown College 12. BY-LAWS 123 (a) By-Law 2015-109 Being a By-law to authorize the Mayor and Clerk to execute an agreement with Froese Excavating Inc. for the provision of drainage works for the Stewart Drain No. 1 124 (b) By-Law 2015-110 Being a By-law to authorize the Mayor and Clerk to execute an agreement with Extreme Drilling Inc. for the provision of drainage works for the Stewart Municipal Drain No. 1 125 (c) By-Law 2015-111 Being a By-law to stop up and close part of the unopened road allowance in the Hamlet of Eden 13. UNFINISHED BUSINESS 14. OTHER BUSINESS (a) Closed Session regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Eden Community Centre); advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Guysboro Cemetery); litigation or potential litigation, including communications necessary for that purpose (Project Ojibwa); advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Asset Liability - Boundary Road Agreement); advice that is subject to solicitor-client privilege, including communication necessary for that purpose (Edison Museum). 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 126 (a) By-Law 2015-112 Being a By-law to confirm all actions of Council 16. ADJOURNMENT (a) Adjournment Page 4 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road,Straffordville,ON Council Chambers Thursday,October 1,2015 7:00 p.m. The regular meeting ofthe Council ofthe Municipality of Bayham was held on Thursday, October 1,2015 in the Council Chambers.Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw,CAO Paul Shipway and Clerk Lynda Millard. 1.CALL TO ORDER 2. Mayor Ens called the meeting to order at 7:00 p.m. DISCLOSURES OF PECUNIARY INTEREST &THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. REVIEW OF ITEMS NOT LISTED ON AGENDA Report CAO-79/15 by Paul Shipway.CAO re Creek Road -Edison Drive added as Item ll.2(b) (3) ANNOUNCEMENTS None. DELEGATION S 7:05 p.m.-Matt Schafer re Straffordville Community Centre Matt Schafer provided comments regarding the potential sale of the Straffordville Community Centre.Mr.Schafer queried whether there was or was not mould in the building and if so what was done.Mr.Schafer commented on the timing of receipt ofthe proposal to purchase in relation to the facilities report and activities that followed as well as the amount of funding which would actually be required.Mr.Schafer questioned the parking lot mutual agreement and the potential use ofthe building if expanded.He suggested other Bayham properties that may be sold with the potential to generate future tax revenue.He mentioned that a potential use for the Straffordville property may include a purpose to benefit senior citizens. (a) Page 1 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 5 of 126 Council Minutes October 01,2015 Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT the presentation by Matt Schafer re Straffordville Community Centre be received for information. CARRIED (b)7:15 p.m.-Marni Wolfe re Straffordville Community Centre Marni Wolfe presented information on behalf of residents not in favour ofthe decision to surplus and sell the Straffordville Community Centre who felt the decision was made in haste,without sufficient time provided for comment and was not a true representation of the citizens.Ms.Wolfe advised 577 residents signed a petition in support of keeping the facility public as compared to the invitation to submit correspondence whereby 63 letters were received.Ms.Wolfe went on to advise that a number of residents were unaware of the actions taken by Council in regard to the property as well as the reasons to declare it surplus.She went on to note benefits of the property remaining as a community centre, provided alternative suggestions and requested Council reconsider.The petition was provided to the Clerk. Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT the presentation by Marni Wolfe re Straffordville Community Centre be received for information. CARRIED 6.ADOPTION OF MINUTES OF PREVIOUS MEETINGQSI (3)Regular meeting ofCouncil held September 17,2015 Public meeting held September 17,2015 (Zoning Ringland) Public meeting held September 17,2015 (Zoning Thompson/Sykes) Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT the minutes of the Regular meeting of Council held September 17,2015,the Ringland public meeting held September 17,2015 and the Thompson /Sykes public meeting held September 17,2015 be adopted. CARRIED 7.MOTIONS AND NOTICE OF MOTION 8.RECREATION,CULTURE,TOURISM AND ECONOMIC DEVELOPMENT Page 2 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 6 of 126 Council Minutes 1.2 2. October 01,2015 CORRESPONDENCE RECEIVE FOR INFORMATION RE!QUIRINGACTION REPORTS TO COUNCIL PHYSICAL SERVICES -EMERGENCY SERVICES CORRESPONDENCE RECEIVE FOR INFORMATION REQQUIRINGACTION REPORTS TO COUNCIL DEVELOPMENT SERVICES -SUSTAINABILITY AND CONSERVATION CORRESPONDENCE RECEIVE FOR INFORMATION (a)Notice of Public Meeting re Proposed Zoning By-Law Amendment (Berkel Holdings) Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT correspondence item l0.1.1(a)be received for information. CARRIED REQUIRING ACTION REPORTS TO COUNCIL (a)Report DS-62/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Ringland Rezoning Application No public comments received. Moved by:Councillor Casier Seconded by:Councillor Ketchabaw THAT Report DS-62/15 be received for information; AND THAT Zoning By-law Z456—2003,as amended,be further amended by changing the zoning on the lands owned by William and Jacqueline Ringland, described as Concession 5 Part Lots 13 &14 from Agriculture (Al)to site-specific Special Agriculture (A2-11)on the retained lands and from Agriculture (A1)to site- specific Rural Residential (RR-27)on the severed surplus farm dwelling portion; AND THAT Zoning By-law Z643—20l5 be presented to Council for enactment. CARRIED Page 3 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 7 of 126 Council Minutes (19) 11. October 01,2015 Report DS-63/I5 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Thompson/Sykes Rezoning Application No public comments received. Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report DS-63/15 be received for information; AND THAT Zoning By-law Z456-2003,as amended,be further amended by changing the zoning on the lands owned by Robert Thompson and Donna Sykes, described as Concession 4 Part Lot 14 from Agriculture (A1-A)to site-speci?c Special Agriculture (A2-12)on the retained lands and from Agriculture (Al)to Rural Residential (RR)on the severed surplus farm dwelling portion; AND THAT Zoning By-law Z644-2015 be presented to Council for enactment. CARRIED FINANCE AND ADMINISTRATION 1.CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) (b) (0) (d) 1.2 (3) Straffordville Evangelical Mennonite Church re Letter of Intent Ontario Aggregate Resources Corporation re Licence Fee Disbursement under the Aggregate Resources Act Museums Bayham minutes of meeting held September 9,2015 Joint Cemetery Board minutes of meeting held August 25,2015 Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT correspondence items 11.1.1(a)-11.1.1(d)be received for information. CARRIED REQUIRINGACTION Kirsty Moore Administrative Services Clerk for IPM Corn and Soybeans Course request for reduced fee to rent Vienna Community Centre Page 4 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 8 of 126 Council Minutes October 01,2015 Moved by:Councillor Casier Seconded by:Deputy Mayor Southwick THAT the email correspondence dated September 24/15 from Kirsty Moore, University of Guelph,Ridgetown Campus requesting a reduced rate for use of the Vienna Community Centre for courses held between 7:45 a.m.and 5:30 p.m.to be scheduled in 2016 be deferred to October 15,2015 pending receipt of further information. CARRIED 2.REPORTS TO COUNCIL (8) (b) Report CAO-78/l5 by Paul Shipway,CAO re Great Lakes Guardian Community Fund Moved by:Deputy Mayor Southwick Seconded by:Councillor Ketchabaw THAT Report CAO-78/15 re Great Lakes Guardian Community Fund be received for information; AND THAT Council support an application to the Great Lakes Guardian Community Fund as outlined within Report CAO-78/15 as amended to naturalize only areas east of the creek and west of the municipal drain. CARRIED Report CAO-79/l 5 by Paul Shipway,CAO re Creek Road -Edison Drive Moved by:Councillor Ketchabaw Seconded by:Councillor Casier. THAT Report CAO—79/15 re Creek Road —Edison Drive be received for information; AND THAT Council direct staff to complete registration of By-law No.2002-064; AND THAT Council direct staff to bring forward a by-law to assume lands and declare a portion of Creek Road a public highway. CARRIED Page 5 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 9 of 126 Council Minutes October 0],2015 12.BY-LAWS (3) (b) (C) (d)By-Law 2015-106 Being a By-law to further amend By-law Z456-2003 (Ringland) Being a By-law to further amend By-law Z456-2003 By-Law Z643-2015 By-Law Z644-2015 (Thompson/Sykes) By-Law 2015-105 Being a By-Law to further amend By-law 2003-098 to authorize the transfer of a road use agreement Moved by:Councillor Casier Seconded by:Councillor Breyer THAT By-laws Z643-2015,Z644-2015 and 2015-105 be read a ?rst,second and third time and ?nally passed. CARRIED Being a By-law to authorize the sale of lands owned by the Municipality of Bayham Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT By-law 2015-106 be deferred to the November 5th meeting. A Recorded Vote was requested by Mayor Ens IN FAVOUR OPPOSED Councillor Breyer X Councillor Casier X Councillor Ketchabaw X Deputy Mayor Southwick X Mayor Ens X Motion Carried on a vote of3 to 2 in favour 13.UNFINISHED BUSINESS 14.OTHER BUSINESS (3)In Camera Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick Page 6 of8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 10 of 126 Council Minutes October 01,2015 THAT the Council do now rise to enter into an "In Camera"Session of Committee of the Whole at 8:40 p.m.to discuss: the security of the property of the municipality or local board; a proposed or pending acquisition or disposition of land by the municipality or local board; personal matters about an identi?able individual,including municipal or local board employees; litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board. CARRIED (b)Closed session regarding the security ofthe property ofthe municipality or local board and a proposed or pending acquisition or disposition of land by the municipality or local board (Edison Museum); a proposed or pending acquisition or disposition of land by the municipality or local board (Eden Community Centre); personal matters about an identifiable individual,including municipal or local board employees (Public Works Staffing Structure); litigation or potential litigation,including matters before administrative tribunals, affecting the municipality or local board (Ojibwa). (C)Out of Camera Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT the Committee of the Whole do now rise from the "In Camera"session at 9:42 p.m. CARRIED 15.BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (3)By-Law 2015-107 Being a By-law to confirm all actions of Council Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT con?rming By-law 2015-107 be read a first,second and third time and ?nally passed. CARRIED Page 7 of 8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 11 of 126 Council Minutes October 01,2015 16.ADJOURNMENT (3)Adjournment Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT the Council meeting be adjourned at 9:43 p.m. CARRIED M713 MAYOR CLE1iK Page 8 of8 Regular meeting of Council held October 1, 2015 Budget meeti...Page 12 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CAPITAL BUDGET MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road,Straffordville,ON Council Chambers Tuesday,October 6,2015 6:30 p.m. The initial 2016 -2025 Capital Budget meeting of the Council of the Municipality of Bayham was held on Tuesday,October 6,2014 in the Council Chambers.Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Wayne Casier,Randy Breyer and Ed Ketchabaw,CAO Paul Shipway,Clerk Lynda Millard and Treasurer Lorne James. 1.CALL TO ORDER Mayor Ens called the meeting to order at 6:30 p.m. 2.DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3.2016 -2025 CAPITAL DRAFT BUDGET (3)Report TR—17/15by Lorne James,Treasurer re 2016-2025 Capital Budget- Draft (b)2016 —2025 Draft Capital Budget The Treasurer provided an overview of the 2016-2025 Capital Budget,funding mechanisms and infrastructure deficit. The CAO advised that the Municipality of Bayham has not historically funded its asset portfolio in a sustainable manner.This is evidenced within the 2013 Public Sector Digest Infrastructure Study,2014 Roads Need Study,2014 Facility Audits and 2015 Storm Sewer Network Assessment,including the fact that some of those asset categories have not received any funding or planning for funding in a number of years. As the Treasurer noted the capital budget focuses on protecting assets in fair to good condition by extending their useful lives as far as possible while assets that are in poor condition will be exhausted until replacement is an absolute necessity and funding permits the same.This process is conducted within the financial parameters in which Page 1 of 4 Regular meeting of Council held October 1, 2015 Budget meeti...Page 13 of 126 Budget Meeting Minutes October 06,2015 Council has indicated they would prefer to operate and staff would agree that placing a levy demand beyond a 10%increase on the Municipality is not sustainable and may create significant hardship on many residents,and businesses. The easy answer would be to place the blame for lack of funding on the Project Ojibwa Guarantorship Loan,which is a component of the issues,however the lack of funding occurred prior to default and the capital deficit is significantly greater than the annual loan default payments.If a sustainable solution to the capital deficit is to be found the fact must be acknowledged that if Council directed Staff to bring forward a needs based budget,with a fully funded Capital Budget,the levy increase would be exponentially greater than the budget presented.Staff in no way support or recommend a needs based budget with a levy impact of that amount and it is a common theme for small municipalities in Ontario to have an infrastructure deficit,however Bayham’s is increasing at a non-sustainable rate as assets deteriorate. To begin to rectify the issue and chart a course that will take a number of years to achieve,towards sustainable capital assets Council will need to set direction on one of the three following key strategies: 1)Pass budgets with increased capital funding. 2)Decrease the amount of infrastructure assets within the Municipal portfolio. 3)Accept deteriorated infrastructure and causal effects. Although variations of the above strategies will achieve various levels of success,staff have identified the three aforementioned strategies as the main options to move forward. This information,pertaining to capital funding deficits and non-sustainable infrastructure funding is presented so all parties are fully informed as to the state of the municipal asset portfolio,but more importantly so a sustainable direction and funding can be developed.Staff look forward to Council direction on the same and working diligently to ensure sustainable infrastructure into the future. Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT staff be directed to remove the 2016 Working Capital Reserve Transfer in the amount of $10,000 from the 2016 General Government Budget; AND THAT staff be directed to remove Capital Item FD-2 Ventilation Equipment in the amount of $10,000 from the 2016 Fire Department Budget; AND THAT staff be directed to reduce Capital Item FD-3 Extrication Hydraulics by $10,000 to a total of $50,000 in the 2016 Fire Department Budget; Page 2 of 4 Regular meeting of Council held October 1, 2015 Budget meeti...Page 14 of 126 Budget Meeting Minutes October 06,2015 AND THAT staff be directed to defer Capital Item PW-1 Carson Bridge in the Public Works Budget to 2017 and the following transfers of OCIF Funding and GasTax be made to accomplish the same: i.transfer $90,000 OCIF from PW-1 Carson Bridge to PW-4 Stafford Rd ii.transfer $40,000 Gas Tax from PW-4 Stafford Rd to Road Construction Reserve iii.transfer $50,000 Gas Tax from PW-4 Stafford Rd to PW-8 Sidewalks CARRIED Moved by:Councillor Casier Seconded by:Councillor Breyer THAT staff be directed to add PW-132 Storm Sewer Environmental Assessment to the 2016 Public Works Budget in the amount of $50,000 to be funded from the Road Construction Reserve. CARRIED Moved by:Deputy Mayor Southwick Seconded by:Councillor Ketchabaw THAT staff be directed to defer Capital Item PR-6 Accessible viewing platform to 2017. CARRIED Moved by:Councillor Ketchabaw Seconded by:Councillor Breyer THAT staff be directed to bring back a report on municipal owned property with potential for surplus for Council consideration. CARRIED Moved by:Councillor Casier Seconded by:Councillor Ketchabaw THAT the 2016-2025 Capital Budget as amended be approved in principle. CARRIED Page 3 of 4 Regular meeting of Council held October 1, 2015 Budget meeti...Page 15 of 126 Budget Meeting Minutes October 06,2015 4.BY-LAW (3)By-law 2015-108 Being a By-law to confirm all actions of Council Moved by:Councillor Casier Seconded by:Deputy Mayor Southwick THAT confirming By-law 2015-108 be read a first,second and third time and finally passed. CARRIED 5.ADJOURNMENT (3)Adjournment Moved by:Deputy Mayor Southwick Seconded by:Councillor Ketchabaw THAT the Council meeting be adjourned at 8:40 p.m. CARRIED MAYOR CLERK Page 4 of 4 Regular meeting of Council held October 1, 2015 Budget meeti...Page 16 of 126 REPORT FIRE DEPARTMENT TO:Mayor &Members of Council FROM:Randy White,Fire Chief/By-law Officer DATE:Oct 15,2015 REPORT:BL-O4/15 FILE NO.C07 SUBJECT:Prohibited Animal By-law Exemption BACKGROUND: Early this year,Bayham implemented the prohibited animal by-law which replaced the previous exotic animal by-law.Rather than trying to list all species that are prohibited,the new format prohibits all animals other than exceptions listed in incorporated schedules.To include an animal not in the schedule,an application for exemption to the by-law must be presented. DISCUSSION: Marisa Zilli of Amazing Animal Tricks is a recognized studio animal trainer.Ms.Zilli is requesting an exemption to the by-law to allow her to keep a Patagonian Cavy.She has provided information on the species including the fact that this animal meets the criteria for domestication. RECOMMENDATION 1.THAT Report BL-O4/15 be received for information; 2.AND THAT Council grants an exemption to the Prohibited Animal By-Law for Marisa Zilli,allowing to keep the species Patagonian Cavy as part of her business and educational work. Respectfully Submitted by:Reviewed by: Randy White T a y Fire Chief/By-law Officer CAO Report BL-04/15 by Randy White, Fire Chief/By-law Officer re...Page 17 of 126 October 2015 Hello, My name is Marisa Zilli,and lam a professional studio animal trainer currently residing within Bayham Township.l have been training animals for over 10 years and I have extensive experience working with a broad spectrum of animal species.I currently own and operate a licensed business providing trained and experienced animal actors for commercials,motion pictures,television shows,live performances, print ads,and other media work.My trained animal actors have performed in live shows in Canada,the United States,and around the world showing off their advanced stunts (including The Late Show with David Letterman and The Rachael Ray Show),and they have appeared on Animal Planet,TMZ,National Geographic,Pick ‘W,The Panic Theatre,Torihada Scoop,Zap Tele,Nickelodeon TV,and Globo TV, amongst numerous other media outlets.They have appeared in TV commercials,television shows, magazines,the front page of newspapers,and other projects that are upcoming. I am also co—owner and manager of ZilliZi Zoo 2 Go,a licensed and fully insured mobile zoo business catering Southwestern Ontario.I travel with a bevy of exotic animal ambassadors to schools,special events,fairs,festivals,camps,etc.to educate the public on exotic animals and wildlife. Additionally,I work as a provincially Authourised Wildlife Custodian,which are people who are authorised by the government of Ontario to work with wildlife and/or keep them in care until they are ready for release.I work closely with other Authourised Wildlife Custodians in the wildlife rehabilitation network to educate the public on our native wildlife species. My level of experience and expertise in training,handling,maintaining,and working with animals is unparalleled.I have extensive and exceptional knowledge on training animals,animal husbandry, animal health and nutrition,animal psychology and behaviour,zoology,wildlife,and exotic animals. I am inquiring about possibly being provided with an exemption from the newly implemented Prohibited Animals By-law to keep the species outlined below for my business and for educational work.Bear in mind that I am a responsible professional with years of experience working with animals of all kinds, including domestic animals,exotic animals,and our native wildlife;I am authourised by the government of Ontario to work with wildlife,and I am extremely we||—versed in the fields of animal care,husbandry, and all other facets of animal ownership.Please review the species in question for further information. Report BL-04/15 by Randy White, Fire Chief/By-law Officer re...Page 18 of 126 Patagonian Cavy The Patagonian Cavy,also frequently called a Mara,is a relatively large rodent indigenous to Argentina. They are rabbit—likein appearance and typically weigh around 20 lbs as adults.Patagonian Cavies are inquisitive and sociable animals which are less flighty than many other rodents,such as rabbits and most rodents of the superfamily Muroidea.They have been becoming increasingly popular as pets due to their low maintenance care and their gregarious and affectionate temperaments. Please do not hesitate to contact me with any questions you may have about myself or about the species outlined above.Thank you for your consideration. Best regards, —Zilli Report BL-04/15 by Randy White, Fire Chief/By-law Officer re...Page 19 of 126 .gg./C,Jew PLANNING ACT NOTICE OF THE PASSING or '?f ZONING BY-LAW Z643-2015 BY THE CORPORATION OF THE MUNICIPALITYOF BAYHAM APPLICANT:RINGLAND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.Z643- 2015 on the 15‘day of October 2015 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 27"‘day of October,2015 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on a lot measuring 0.3 hectares (0.78 acre)in area, from the Agricultural (A1)Zone to the site-specific Rural Residential (RR-27)Zone,and to change the zoning on the retained 21.4 hectares (53 acres)of land from the Agricultural (A1)Zone to the site-specific Special Agricultural (A2-11)Zone in Zoning By-law Z456-2003.The subject lands are located on Part Lots 13 &14, Concession 5,on the north side of Calton Line,at the intersection with Bogus Road,and known municipally as 55738 Calton Line. THE EFFECT of this By-law will be to accommodate the severance of a surplus dwelling,and to prohibit the establishment of any new residential dwellings on the retained agricultural lands.Site-specific regulations on the severed lands are required for the lot area of 0.32 ha,where 0.4 hectares is the required minimum lot area. Site-specific regulation is also required on the retained lands to recognize the reduced lot frontage of 132.5 metres,where 150.0 metres is the required minimum lot frontage for a Special Agricultural (A2)parcel. ONLY INDIVIDUALS,CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board.A notice of appeal may not be filed by an unincorporated association or group.However,a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,before the by-law was passed,the person or public body made oral submissions at a public meeting or written submissions to the council or,in the opinion of the Ontario Municipal Board,there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 7"‘DAY OF OCTOBER 2015. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O.Box 160,9344 Plank Rd. Straffordville,ON,NOJ 1Y0 Tel:519-866-5521 Ext 222 Fax:519-866-3884 E-mail:munderhill@bayham.on.ca 1’L.7L\‘KRD SUBJECT LANDS NOTE:The fee for filing an objection or appeal of a Zoning By-law to the Ontario Municipal Board is presently set at $125.00 by the Province of Ontario. 55*7B0(:‘US‘R1) Notice of passing of Zoning By-Law Z643-2015 (Ringland) Noti...Page 20 of 126 > “’ %//o/ %/at/7//; PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z644-2015 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT:THOMPSON/SYKES TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No.Z644-2015 on the 15‘day of October 2015 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 27"‘ day of October,2015 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning on lands measuring 0.4 hectares (1.0 acres)in area,from the Agricultural (A1-A)Zone to the Rural Residential (RR)Zone and changing the zoning on lands measuring 40.4 hectares (100 acres)from Agricultural (A1-A)Zone to the Special Agricultural (A2-12)in Zoning By-law Z456-2003.The subject lands are located on Part Lot 14,Concession 4,known municipally as 55963 Calton Line. THE EFFECT of this By~law will be to permit the severance of an existing dwelling surplus to a farm operation and prohibition of a new farm dwelling on the retained farmlands. ONLY INDIVIDUALS,CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Municipal Board.A notice of appeal may not be filed by an unincorporated association or group.However,a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless,before the by-law was passed,the person or public body made oral submissions at a public meeting or written submissions to the council or,in the opinion of the Ontario Municipal Board,there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 7"‘DAY OF OCTOBER 2015. KEY MAP MUNICIPALITY OF BAYHAM &§ 5'43. SUBJECT LANDS l z(’)"‘7'l'Ix‘E Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O.Box 160,9344 Plank Rd. Straffordville,ON,NOJ 1Y0 Tel:519-866-5521 Ext 222 Fax:519-866-3884 E-mail:munderhill@bayham.on.ca we I B0(.‘,L-"S[RDI NOTE:The fee forfiling an objection or appeal of a Zoning By-law to the Ontario Municipal Board is presently set at $125.00 by the Province of Ontario. Notice of passing of Zoning By-Law Z643-2015 (Ringland) Noti...Page 21 of 126 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT:O'CONNOR TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A—06/15). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday October 15"‘,2015 at 6:30 p.m.in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By—|awNo.Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variances is to grant relief for the existing dwelling: ~From Section 10.8 to reduce the minimum front yard depth from 7.0 m to 6.47 m -From Section 10.9.2 to reduce the minimum side yard depth from 1.7 m to 1.17 m And grant relief for the proposed lot: -From Section 10.4 to reduce the minimum lot frontage from 20.0 m to 16.0 m -From Section 10.3 to reduce the minimum lot area of 900 m’to 648 m’ For lands in a Village Residential (R1)Zone on property located on Lot 6 Plan 205 on the south side of Heritage Line east of Garnham Street known as 56353 Heritage Line Straffordville. THE EFFECT of the variance will be to allow the retention of the existing single detached dwelling and the construction of a new single detached dwelling on the proposed lot. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment,you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 5"‘day of October 2015. KEY MAP MUNICIPALITYOF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O.Box 160,9344 Plank Rd. Straffordville,ON,NOJ IYO Tel:519-866-5521 Ext 222 Fax:519-866-3884 E-mail:munderhiII"('I I)a\‘ham.0n.ca Web:www.I):1\'ham.on.c:1 VILLAGE OF STRAFFORDVILLE Notice of a Public Meeting concerning a proposed Minor Varia...Page 22 of 126 REPORT DEVELOPMENT SERVICES TO:Mayor &Members of Council FROM:Bill Knifton,Chief Building Official,Drainage Superintendent DATE:October 15,2015 REPORT:DS-64/15 FILE NO.C-O7 SUBJECT:3RD QUARTER REPORT BACKGROUND: The purpose of this report is to inform Council of the activities of the Building Services and Drainage department for the third quarter of the year for 2015. DISCUSSION: Building Services: The summary of building permits issued in the third quarter is as listed on the chart below: Year 2015 2014 2013 No.permits issued 31 27 45 Permit fees $13,596 $11,258 $24,948 Construction Value $1,462,450 $609,450 $1,768,020 Houses 1 1 7 Farm Buildings 1 3 3 Other 29 23 35 Report DS-64/15 by Bill Knifton, Chief Building Official/Dra...Page 23 of 126 Drainage: Drainage work for the third quarter of 2015 is noted below: New Drains: Drain Name Status Meuller Drain Construction completed Baynor Road Drain Preliminary design near completion Centre Street Drain North Survey done,final design in progress Nova Scotia Drain Survey done,final design in progress Tollgate Drain Survey done,design progressing Stewart Drain No 1 Tendering process underway Peters Drain Branches Contract awarded,construction in October 2015 Drain Maintenance: Drain Name Status Fazakas Slaght Drain Tile repair Smith Drain Tile repair RECOMMENDATION 1.THAT Staff Report DS-64-15 regarding the activities of the Building Services &Drainage Department for the third quarter of 2015 be received for information. Respectfully Submitted by: /2 x/_%///,1 g 1 Bill Knifton .-4’:'w 1 Chief Building Official Administ :0 Drainage Superintendent Report DS-64/15 by Bill Knifton, Chief Building Official/Dra...Page 24 of 126 REPORT DEVELOPMENT SERVICE S TO:Mayor &Members of Council FROM:Bill Knifton,Chief Building Official,Drainage Superintendent DATE:October 15,2015 REPORT:DS-66-15 FILE NO.C-07IE09 SUBJECT:STEWART DRAIN NO.1 AWARD CONTRACT BACKGROUND: The purpose of this report is to recommend the acceptance of the lowest complete tender bid forthe provision of drainage works for the Stewart Drain No.1 Municipal Drain. The final reading was given to Provisional By-Law #2015-065 that provides for the construction of the Stewart Drain No.1 Municipal Drain. The estimated cost of construction as per Spriets report #208367 is $39,050.00. Tender forms were prepared by Spriet Associates.The tender invite notice provided for a closing date of October 8,2015 at 12pm.Due to a previous tender bid closing with cost estimate exceeding the maximum of 133%of the Engineers report,the drain was re-tendered breaking out the directional drilling from the trenching portion in hopes that lower prices would be received.The following tenders were received by closing: The trenching portion as follows: 1.PBR Excavating Inc.(received Tender Form &Bank Draft in the amount of $4,4625.00)tender in the amount of $44,625.00 (plus HST)to commence work on or after November 16,2015 and to complete work on or before November 28,2015. 2.Froese Excavating Ltd.(received Tender Form and Certified Cheque in the amount of $4,000.00)tender in the amount of $32,959.24 (plus HST)to commence work on or after November 30,2015 and to complete work on or before December 7,2015 Report DS-66/15 by Bill Knifton, Chief Building Official/Dra...Page 25 of 126 The directional drilling portion as follows: 1.Extreme Drilling Inc.(received Tender Form &Certified Cheque in the amount of $1,299.50)tender in the amount of $11,500.00 (plus HST)to commence work on or after October 19,2015 and to complete work on or before December 1,2015. 2.Robinson Farm Drainage Limited (received Tender Form &Certified Cheque in the amount of $4,825.25)tender in the amount of $42,700.00 (plus HST)to commence work on or after October 20,2015 and to complete work on or before December 1,2015. DISCUSSION: The engineer’s estimated cost for construction of the works as contained within the report is $39,050.00.Section 59(1)of the Drainage Act states that where the contract price exceeds 133%of the engineer’s estimate of the contract price,Council of the initiating municipality is required to call a meeting to deal with the necessary modifications.The total of the two lowest tender amounts for each portion equals $44,459.24 which is 114%over the Engineers estimate; therefore the tenders of the two lowest bidders can be accepted. RECOMMENDATION 1.THAT Staff Report DS-66/15 be received: 2.THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Stewart Drain No.1,as submitted by Froese Excavating Ltd.,in the amount of $32,959.24 (excluding HST),for the tile portion of the drain with work to commence on or after November 30,2015 and be completed on or before December 7, 2015 3.THAT council accept the tender for provision of drainage works set out in the Form of Tender forthe Stewart Drain No.1,as submitted by Extreme Drilling lnc.,in the amount of $11,500.00 (excluding HST),for the directional drilling portion of the drain with work to commence on or after October 19,2015 and be completed on or before December 1, 2015 4.AND THAT By-Law 2015-109 authorizing the execution of contract documents with Froese Excavating Ltd.be presented to Council for enactment 5.AND THAT By-Law 2015-110 authorizing the execution of contract documents with Extreme Drilling lnc.be presented to Council for enactment. Respectfully Submitted by: , ay Administrato; Bil Knifton Chief Building Official Drainage Superintendent Report DS-66/15 by Bill Knifton, Chief Building Official/Dra...Page 26 of 126 Subject:ONTARIO 211 SERVICES ANNUALREPORT 2014-2015 /SERVICES211 ONTARIO RAPPORT ANNUEL2014-2015 Ontario 211‘s Annual Report 2014201 5 I Services 211 Ontario Rapport Annuel is this email not displaying correctly? 2014-2015 View it in your browser. Ontario 211’s Annual Report is now onlinel in this years version,you‘ll find statistics on why people called the 211 helpline last year and updates from our seven Regional Service Providers who answer the calls from Ontario residents looking for help.We’ve included a new video that explains how 211 helps Ontario communities.You’ll also learn how we have made significant strides in creating an integrated 211 system this year with modern technology.We are excited about what these changes will enable us to achieve in the near future.You’ll also find updates on our partnerships,key accomplishments and,of course,a financial summary. Please share with your networks so we can continue to tell the 211 story to all Ontarians. Ontario 211 Services re Annual Report 2014 - 2015 Page 27 of 126 Ministry of Citizenship,Ministére des Affaires civiques, immigration and International de Vlrmnigration et du Commerce Q Trade international Minister 'Minislre X 6""Floor 6°étage marhl?lf 400 University Avenue 400,avenue University 0”ta"° Toronto ON M7A2R9 Toronto ON M7A2R9 Te|.:(416)325-6200 Téi.:(416)325-6200 ____ Fax:(416)325-6195 Téiéc.:(416)325-6195 ‘f;A ‘X‘” October 2015 15:!.5’2Ul5 Dear Friends, It is my pleasure to send you this call for nominations for the J1me Callwood Outstanding Achievement Award for V oluntarism in Ontario. Voiunteers play a signi?cant role i11leading and supporting services in their communities;they lay the foundation for a strong and dynamic province.This award recognizes exceptional leadership,innovation and creativity i11voluntarism and community service.Recipients of this award can include individual volunteers,volunteer groups,businesses and other organizations which have made outstanding contributions to their communities and the province. Here is what you need to do to submit a nomination for this award program: a)Visit ontario.ca/honoursandawards. b)Click on the June Callwood Outstanding Achievement Award icon. b)Download the appropriate PDF form. c)Read the eligibility criteria and instructions carefully. d)Fill out the form,then submit it no later than December 5,2015.Instructions for submitting your package can be found on the website. If you have any questions please call 416 314-7526,toll free 1 877 832~8622 or TTY 416 327-2391. I hope you will take this opportunity to ensure that volunteers receive the recognition they deserve. Thank you for your attention to this important recognition program. Yours truly, gt/<;E;§: Michael Chan Minister Ministry of Citizenship, Immigration and International Trade...Page 28 of 126 Subject: Provincial Cultural Strategy - Province-Wide Consultations - Culture Talks On Thursday, September 24, the Province of Ontario launched province-wide public consultations – ‘Culture Talks’ – on Ontario’s first culture strategy. Consultations will run until December 7, 2015. We encourage you to participate! Your ideas will help us to develop a strategy that sets out a vision for arts and culture in Ontario and identifies priorities and actions to guide the government’s support for the sector in the years to come. Culture Talks will help us – establish what Ontarians value about culture identify opportunities to better meet the needs of the arts and culture sector ensure that the government’s policies and programs reflect Ontario’s diverse populations and communities How to participate Discussion paper Read the full discussion paper and share your comments. Town halls – October to December Attend one of our town halls. Not your ‘average’ town halls, these events will include engaging activities and inspiring conversations with local arts and culture personalities. Online discussion – Ontario.ca/CultureTalks Join the conversation online, in real time. You can share your thoughts about Ontario arts and culture, discuss with other participants and vote on their ideas. How to encourage others to participate We ask that you encourage members of your sector or community to participate in Culture Talks. Help us spark a conversation about arts and culture amongst all Ontarians Here are some ways you can spread the word – emails – send an email – or forward this one – to your stakeholders newsletter – include a paragraph or two in your next newsletter website – post information about the consultations on your website social media channels – use your social media channels e.g. Twitter, Facebook, Instagram etc. comment on our social media sites o Facebook – www.facebook.com/ONgov o Twitter – @ExploreON; use the hashtag #ONculture Ministry of Tourism, Culture and Sport re Provincial Cultura...Page 29 of 126 For your convenience, we’ve developed a social media toolkit to help you share information about Culture Talks. The toolkit includes content that you can use or adapt for your social media channels [e.g. photos, Tweets, Facebook posts, emails]. If you’d like more information about Culture Talks contact culturetalks@ontario.ca Thank you for your support, commitment and efforts to promote arts and culture in Ontario. I look forward to hearing your input during the consultations. Sincerely, Kevin Finnerty Assistant Deputy Minister Ministry of Tourism, Culture and Sport Ministry of Tourism, Culture and Sport re Provincial Cultura...Page 30 of 126 Subject: Join our Culture Talks – your ideas will help shape Ontario’s first culture strategy Good afternoon, The Ontario government is developing Ontario’s first culture strategy that will set out a vision for arts and culture in Ontario and identify priorities and actions to guide the government’s support for the sector in years to come. On Thursday, September 24, the Ontario government launched province-wide public consultations – called ‘Culture Talks’ – to obtain input into the culture strategy. This will be the first time there has been a provincial conversation with Ontarians on the value of arts and culture in their lives and communities. Consultations will run until December 7, 2015. Culture Talks will help us: establish what Ontarians value about arts and culture identify opportunities to better meet the needs of the arts and culture sector ensure that the government’s policies and programs reflect Ontario’s diverse populations and communities How you can help As a municipality, you are a key partner in supporting and promoting arts and culture within your community. We encourage you and the relevant departments within your municipality to participate in the consultations by telling us what your culture priorities are. How to participate Discussion paper Read the full discussion paper and share your comments. Town halls – October to December Attend one of our town halls. Not your ‘average’ town halls, these events will include engaging activities and inspiring conversations with local arts and culture personalities. Online discussion – Ontario.ca/culturetalks Join the conversation online, in real time. You can share your thoughts about Ontario arts and culture, discuss with other participants and vote on their ideas. The most popular ideas will be listed online. How to encourage others to participate Help us spark a conversation about arts and culture among all Ontarians. Here are some ways your municipality can help spread the word – emails – send an email to city councillors, your arts and culture partners and other stakeholders website – post information about the consultations on your website social media channels – use your social media channels e.g. Twitter, Facebook, Instagram etc. Ministry of Tourism, Culture and Sport re Provincial Cultura...Page 31 of 126 comment on our social media sites o Facebook – www.facebook.com/ONgov o Twitter – @ExploreON; use the hashtag #ONculture If you’d like more information about the Ontario Culture Strategy consultations, please contact culturetalks@ontario.ca Thanks for everything you do to support arts and culture in the province. I look forward to your participation. Sincerely, Drew Fagan Deputy Minister Ministry of Tourism, Culture and Sport Ministry of Tourism, Culture and Sport re Provincial Cultura...Page 32 of 126 Thinking beyond the box Stewardship Ontario September 30,2015 BAYHAM,MUNICIPALITYOF 9344 Plank Road _ A _ Straffordville,ON NOJ 1Y0 Dear Mayor and Members of Council: RE:lndustg funding for Municipal Blue Box Recycling for the first guarter of the 2015 Program Year Packaging and printed paper companies,represented by Stewardship Ontario,fulfill their responsibilities to fund 50%of the net cost of the Blue Box Program by making cash payments to municipalities on a quarterly basis. On June 17,2015,the Waste Diversion Ontario (WDO)Board determined that payments to municipalities will be based on a 2015 funding obligation of $114,600,548.WDO’s CEO,Michael Scott,provided further details with respect to the WDO Board's determination of the 2015 funding obligation in his June 24,2015 CEO Update Report.The report can be read at:htt :www.wdo.ca files 8914 3516 0446 CEO Re ort June 24 2015.df. Stewardship Ontario is providing payments to municipalities in accordance with the WDO Board's decisions. On behalf of Stewardship Ontario,I want to thank you for your continued efforts to increase waste diversion in this province. Sincerely, David Pearce Supply Chain Officer Stewardship Ontario 1 St.Clair Avenue West T.416.323.0101 www.stewardshipontarioca 7th Floor F.416.323.3185 Toronto,Ontario info@stewardshipontario.ca M4V 1K6 Stewardship Ontario re Industry funding for Municipal Blue B...Page 33 of 126 Em§mm.:_§ ....3....,..n&.......E..r.,n..2.. _<__.n._<_O._.O”masQqocnI_<_::_o__um_:_mm _n_»O_<_”.__3w::n_mo:::_D:mo.8«9._u_:m:o_m_mm2_omm _u>._._WmmEm3Um«8.M03 mcw?o?N03.uo__oEuOom?mw____:©m.B.Hm3m2 >:mo:mn__mm:m:m_<m_mQ.EmN03_<_::_o__om__uo__o_:mw___3©m.B..m3m:.n_m:m« .403EmO_u_u8:3mmEm3Um«E.83.Oo3_um«mq.8EmMoi.9.8%.cmmmq o:_mm.H<mm1mc___Emm.B.Hm3m2¢moo:o___m:o:8338.No3mm:3m.Hmacomao_n mm.So_ooomam_o<<m?c<?igooo. ._.:m38.“m_©:_.._om2_3§o<m3m3<<mmEUmmmoom?mcmiu_o<<m~mQU<awcmq :o:mm:o_qmoss.8$8ammcazoEmmmmboo69.2.0:.3coma.Zm<<osmim Eavzmosmaqmsmvonmzosman.8::mmoE:<oosivimq.8_o<<m«oom?mc<m_3om.H mmmm:Eocmmsoa2mmmboo. EN03._<_m_m:EmEma.Fa.E?mmmmEE___:@omcvmqmsqmocE<<o_q:3muoaos 9.:m«magnum:EE___:©o_m<<mn_8%.ENo3sosmo_nEmmas3::_o__um_:_mm mamEmom_oowo_m<<3%_oom_:o:.jgm_3cmo.n9.3o<_:u.403UmEmEEm om_u\o_m<<Umox_o_.om:m33Norm8cmEm9:9.2EN305wmmcasc5ms E?mmmmEoom?*2_<_m_m:Em9.?wooomsqm$0.83:.3oom?.61mo:E<<o_n_o.“ mmmboo. ma...®8Em.mm:m:m9.Em_u8<Eo_m_om__mEamm_.<_om9.immnxvE88c____:© 3oQm_Emm_3u3<ma3m6Em__<.8eimoxoEEmM03c___E©3on_m_mag<<o:_n_ :m<mqmmczmgEmm3m___3_2o<m3m39._mmmEm:$980:3Emo<m$__ _m8<Eo_m_oom?mEaom__m..o«mm_.<_om?m3mEmq::o:m:mmo_._._o<<m<m:<<_EEm EoqmmmmE9o<_:o_m_oom?m.masQqocv<<___mmmmsE?mmmmEEmoom?..o«om__m ?owmm_.<_om9.mdbooowmmmm“:o:mm:o_o_. _<__:o«ozmsmmmEo<mE3m_8::mmmS:<magoEm«oom?mqmmczmgEm3uma Eocmmsoa_3_u8<m3m3ow?pooo.:msocam_moUm:o..mqEm:cvqm?mg :ocmm:o_n_..6EmmEEmNOSm.§m3m3m:o<<msEommmmo?EmEocmmsoam. _u_mmmmno:2Emmzmnm.8oo_:mo..E_mom_om3.<0:«mo_c:mm:<mqq:_o:m_ E.noq3m:o:. ._.:m:w<0? ,./\,__3w§%o:§ E l g i n C o u n t y r e 2 0 1 6 P o l i c i n g C o s t s B i l l i n g S t a t e m e n t P a g e 3 4 o f 1 2 6 Elgin Group -Policing 2016 Billing Statement Analysis September 30,2015 2016 Billing Statement (H)/Lthan 2015 Budget Calls for Service Overtime Court Security Other Grants Budget Billing Statement Municigality Households Base Cost Total Per HIH Total Per HIH Total I Per H/H Total Total Cost/HH Capping Per H/H 2015 2016 Change Bayham -54 $10,139 ($17,474)-$4.10 $2,316 $1.07 $0 $0.00 $2,107 $2,913 $1.03 $0 $6.35 $0 $915,637 $915,637 Central Elgin -93 $23,515 ($15,710)-$0.71 ($2,343)-$0.25 $971 $060 $4,358 $74,400 $13.13 $0 $21.11 $85,191 $2,065,099 $1,979,908 Dutton/Dunwich -36 $5,586 ($7,750)-$2.37 $2,200 $1.46 $0 $0.00 $1,264 $1,779 $1.03 $0 $8.46 $3,079 $537,388 $534,309 Malahide -33 $18,188 ($21,051)-$5.49 $827 $0.34 $0 $0.00 $2,734 $3,446 $1.03 -$17,336 -$1.04 -$13,191 $973,349 $986,540 Southwold -15 $10,422 ($11,000)-$5.08 $1,266 $0.77 $0 $0.00 $1,503 $1,866 $1.03 $58,640 $37.82 $62,697 $665,529 $602,832 West Elgin -14 $20,770 $153 $052 ($558)-$0.14 $0 $0.00 $2,736 $3,276 $1.03 $0 $9.75 $26,377 $1,016,836 $990,459 Total -245 $88,620 ($72,832)-$2.48 $3,708 $0.33 $971 $0.16 $14,702 $87,680 $4.74 $41,304 $8.99 $164,153 $6,173,838 $6,009,685 $7.44 $0.90 E l g i n C o u n t y r e 2 0 1 6 P o l i c i n g C o s t s B i l l i n g S t a t e m e n t P a g e 3 5 o f 1 2 6 _S::mn€»__.o=a=mw_:2:_O:nm.1O._uO:o.m.w.__:§_momm?inmm_5=%;.5_::=.n:§_=mm_..:.o<_:n_m__u3<_:o_m_m _uo=nmQm_.O:..m:o<32_mBo1m_><m.«.3.362—mBo1m_ 01E»O2Hm<is015»AOZV—Lu<?a Hm:E5u$-$§max”Emamufz? _u__m::3cm:_»m..9.m:om”$98 mmEm3Um_.E.BS mas9.0% ._.:m_<_c:mo_um_:<9.<<mm.nmas B?mIomzsm_._:m__u.O.woxAme _»oq:m<_OZ.22.N8 Umm:m_:_<_mqm3m” mm”No.5_<_::.o.m_vo=oEm____=m..m..m3m:T.03.820_u_.o<_:m_m__uo__nmown _u_mmmmEamnmojmqEmNo3m___3©m.§m3m:.nmammooo3Um:<E©mc33m1mmEaEmmasmwocn.._.:mm.B.?m3m:.nEmmUmm:UwmvmxmqEmoooamsom<<EEmoosqmo?cm.2<mm:Emmas 08%magEm_<_E_m.=.<9“Oo33c::<mmaqmamOo:.mo.._o:m_mm2_omm. _u_mmmmEam:o_ommQEm..o__o<<E©aoo:3m2m” 4.O_u_u>::cm_w____:©m.§m3m:..ro.31Emumzoq._m::mQA8_umom3Um«3.No3.._.o.Hm_mqocu3c:_o_um_U___E©m.nm?m3m2cmmmao:Emmx_m::©owocvoosqmm?..__,a_<_acm_3c:_o_Um_m.nm.Hm3m3. 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MN0..NM E l g i n C o u n t y r e 2 0 1 6 P o l i c i n g C o s t s B i l l i n g S t a t e m e n t P a g e 5 3 o f 1 2 6 Subject:Meeting Invitation:Ontario Age-Friendly Communities:Defining Local Principles —Oct 22 Ontario Age-Friendly Communities:Defining Local Principles Date:Thu,Oct 22,2015 Meeting Description:Time:01:00 PM EDT Duration:1 hour BACKGROUND Host(s):Age-Friendly Communities Planning Outreach Initiative The Ontario Seniors‘Secretariat has partnered with the * University of Waterloo,the Ontario Interdisciplinary Council for Aging and Health (OICAH)and the Seniors Health Knowledge Network (SHKN)to administer a two-year Age-Friendly Community (AFC)Planning Outreach Initiative.This initiative is designed to help communities,including AFC Planning Grant recipients: Dominic Ventresca,Niagara Age- Friendly Community Network o Increase awareness of age-friendly planning principles o Share best practices 0 Start,continue,evaluate and improve on their AFC t'l .ac Ion p ans Angela Andrews,Haliburton Aging Well I ___Committe The AFC Outreach Initiative builds on and complements the AFC Planning Guide and the AFC Planning Grant Program. Over the next two years,the Initiative will help develop partnerships support community- Meeting Invitation re Ontario Age-Friendly Communities Defin...Page 54 of 126 Spam This second webinar in a 5-part series will focus on Step 1 in the AFC Planning Guide:Defining Local Principles.Presenters will discuss how Niagara and Haliburton communities created structure around local initiatives and determined which AFC dimensions were most relevant.Presenters will share practical tips and strategies for other communities who are currently: Forming a steering committee Creating guiding principles Building partnerships Creating an age-friendly community profile;and Discussing priorities A resource package will be provided to participants following the event. UPCOMING WEBINARS Future webinars will explore each step in the AFC Planning Guide: a Custom Needs Assessment (November) o Developing an Action Plan (December) a Implementation and Evaluation (January) Join the AFC‘Distribution List hear about upcoming webinars. or click hereto register ’:’)K:.-.. «here mihaela.dumitrascu@ontario.ca U i igrzx (Hz,-,:::=,’i_ Dlainla/E..n..,~l :év.+miir<.s=r%$23! Meeting Invitation re Ontario Age-Friendly Communities Defin...Page 55 of 126 We didn’t plan it that way, but the combination of a recent article in The Tillsonburg News, profiling the impact of MSC’s Home Support Services, and the upcoming Accreditation Canada site visit form a fitting pair of bookends to launch Community Support Month, celebrated every October in Ontario. MSC is a proud member of the Ontario Community Support Association (OCSA). OCSA is shining a spotlight on all those services that help people stay at home with a social media campaign this year using the hashtag #OurCommunitySupport. These community programs, the dedicated staff who deliver them and the volunteers who bolster those programs along with family caregivers, deserve that high profile. We are no longer becoming a society with more older people – we ARE that society, as recent data shows. Please visit our Twitter and Facebook pages this month to catch the news items we’ll be highlighting – facts like 2 million MOWS are delivered annually every year in Ontario (MSC delivered 7,894 of them) and the point that the volunteer contribution of this sector to the province of Ontario is 111 million dollars annually (MSC’s HS volunteers contributed 98,390 to that total), a truly remarkable number. It’s also Healthy Workplace month and the new “Celebrate Tillsonburg” event is scheduled for Oct. 15. They too are worth celebrating. What’s Happening - keep checking the MSC website for details & updates Oct. 15: Celebrate Tillsonburg. Tillsonburg Town Centre, 10 a.m. – 4 p.m. Organized by the Tillsonburg Resource Network/Salvation Army/Town of Tillsonburg & Youth Unlimited. Successor event to the former Career Fair. Focus on community resources. Oct. 17 & 24: Volunteer MSC Adult Literacy Tutor Training. Liv. Cen. X 266 Oct. 26-28: Accreditation Canada Site Visit. Dec. 4: MSC Christmas event. Details pending. Ongoing: MSC Employment Services offer regularly scheduled programming. Lunch & Learn sessions also regularly scheduled. Program/Agency News & Info Adult Literacy & Essential Skills (ALES) Woodstock program news: http://www.woodstocksentinelreview.com/2015/09/23/the-adult- literacy-and-essential-skills-program-is-looking-for-new-volunteers-interested-in-attending-a- two-day (Instructor Herta is also a great contact for maker bus info http://www.makerbus.ca/). Employment Services (ES) – connect with Resource Centre reps at x 291 for info Over the summer, ES was contacted by CMHA to provide an onsite interview workshop for clients who had recently completed Peer Training and needed to learn résumé basics and how to look for employment or volunteer opportunities. Great partnership! Oct. 1 marks the official launch of Employment Ontario’s (EO) new Youth Job Connection (YJC) program, which will provide pre-employment training, jobs & mentorship to 15-29 year olds (not working, in school, or in training). MSC ES will be delivering this program. Call us! Home Support (HS) Helping people stay at home story: http://virtual.woodstocksentinelreview.ca/doc/Woodstock- Sentinel-Review/oxford_review-0910/2015091001/6.html#6 MSC Administration/Operations Accreditation Update: Welcome surveyors Kevin and Sheldon. Both Kevin and Sheldon have extensive health care backgrounds, as practitioners and administrators. On PACE: The mammoth policy project review is done! Thanks to the team who made this happen. Thanks also to those who have refreshed our H&S, Emergency Response & Risk Mgt. Plans. All those kits and tools make us safer! Stonebridge (MSC’s not-for-profit fee-for-service sister corporation) Visit: www.stonebridgecs.com. Also see MSC’s What’s Happening page for more info. Giving It was wonderful to see so many volunteers, donors and long time supporters at the “Our Stories” launch on Sept. 24. Thank you for your interest in our client work. Volunteering Value of ALL MSC volunteer efforts last year: $162,170 (including Home Support, Literacy, Governance, Fundraising & PR efforts). Valuable investment - Priceless impact! Our Team likes this – keynote preview from OCSA conference 2015 https://www.youtube.com/watch?v=I4lwdZd1ilM MSC has been accredited through Accreditation Canada since 2003 96 Tillson Ave., Tillsonburg ON N4G 3A1 (in The Livingston Centre) “Someone You Know May Need Us” R: 2/10/15 mcv MSC E-Letter October 2015 Serving the Community since 1978 519-842-9000 www.multiservicecentre.com Join us on Facebook & Twitter Click on the icons on MSC home page MSC October 2015 E-Letter and Correspondence Page 56 of 126 Community Support Services Integral to Keeping People at Home October is Community Support Month Tillsonburg, October 1, 2015 – Each year, nearly a million seniors and people with disabilities use the services offered by Ontario’s community support service (CSS) providers – and that demand is growing. Even if you’ve never heard of these unsung heroes of the health care system, you’ve benefited from their work. October is the time to celebrate Community Support across the Province. It is our time to profile and thank the dedicated staff and volunteers of our community support agencies who deliver critical services to frail seniors, persons with disabilities or debilitating chronic diseases and their families. Since 1978, MSC’s Home Support Services department (and, more recently, sister corporation Stonebridge Community Services) have been providing these key services in the community. They include: Assistive Living Personal Support & Homemaking Meals on Wheels Transportation Home/Yard Maintenance & Repair Home at Last Foot Care. Across the province, Community Support agencies provide a wide variety of services such as the services listed above, as well as attendant care, adult day programs and respite for family caregivers. Individuals prefer to receive support in the comfort of their own homes and communities, not in hospitals and institutions. By meeting this need, CSS providers improve the quality of life of clients and their families – and they also create significant cost-savings to Ontario’s health system, freeing up desperately needed funds and hospital beds. They are a crucial part of building the strong, sustainable health care system we will all need in the future. “I encourage all Ontarians to learn about the home and community support services available in their communities,” says Deborah Simon, CEO of the Ontario Community Support Association. “These organizations support a vast range of individuals in our communities – including some of our most vulnerable citizens. This month is an excellent opportunity to give them a little extra support in return.” MSC October 2015 E-Letter and Correspondence Page 57 of 126 “The need remains for services that allow people to live as independently as possible and remain at home. We have worked with our partners for many years to ensure those services are in place and often assist families in navigating the system,” says Diana Handsaeme, Manager of MSC’s Home Support Services (and Life Care Division, Stonebridge Community Services). This recent story, posted in both The Tillsonburg News and the Oxford Review, demonstrates the difference these services can make in the lives of clients and their families : http://virtual.woodstocksentinelreview.ca/doc/Woodstock-Sentinel-Review/oxford_review- 0910/2015091001/6.html#6. Join us as we celebrate, the specific celebratory days and weeks listed below AND the many workers, volunteers and caregivers that assist our most vulnerable citizens: October 4 – 10 Meals on Wheels Week October 7 Congregate Dining Day October 11 – 17 Adult Day Program Week October 14 Client Intervention and Assistance (CIA) Day October 18 – 24 Supportive Housing Week October 21 Attendant Services Day October 23 Transportation Day October 26 Respite Services Day October 27 Friendly Visiting/Telephone Reassurance Day October 28 Hospice Services Day For more information go to www.multiservicecentre.com and choose the Home Support link. Regular updates are posted to the agency’s Facebook and Twitter accounts - highlighting information of interest to the community on a wide range of topics, including seniors’ issues. Join the conversation on social media at #OurCommunitySupport. To arrange an interview or for more information please contact: Maureen Vandenberghe, MSC Communications 519.842.9008, ext. 270 mvandenberghe@multiservicecentre.com MSC October 2015 E-Letter and Correspondence Page 58 of 126 ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF UNION GAS LIMITED Union Gas Limited applied to increase its natural gas rates effective January 1, 2016. Learn more. Have your say. Union Gas Limited applied to the Ontario Energy Board to increase its natural gas rates effective January 1, 2016. If the application is approved, an average residential customer of Union Gas Limited in Southern Ontario (from Windsor to Hamilton) would see an increase of approximately $7.80 per year. Residential customers in all the other areas served by Union Gas Limited would see an increase ranging from $2.50 to $2.80 per year. Other customers, including businesses, may also be affected. The requested rate increase is set using a formula previously approved by the Ontario Energy Board for the period 2014-2018. The formula is tied to inflation and other factors intended to promote efficiency. THE ONTARIO ENERGY BOARD WILL HOLD A PUBLIC HEARING The Ontario Energy Board (OEB) will hold a public hearing to consider Union Gas Limited’s request. We will question the company on its case for a rate change. We will also hear arguments from individuals and from groups that represent Union Gas Limited’s customers. At the end of this hearing, the OEB will decide what, if any, rate changes will be allowed. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energ y services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review Union Gas Limited’s application on the OEB’s website now. • You can file a letter with your comments, which will be considered during the hearing. • You can become an active participant (called an intervenor). Apply by October 9, 2015 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. • At the end of the process, you can review the OEB’s decision and its reasons on our website. LEARN MORE Our file number for this case is EB-2015-0116. To learn more about this hearing, find instructions on how to file letters or become an intervenor, or to access any document related to this case please enter that file number at the OEB website: www.ontarioenergyboard.ca/notice. You can also phone our Consumer Relations Centre at 1-877-632-2727 with any questions. ORAL VS. WRITTEN HEARINGS There are two types of OEB hearings – oral and written. The OEB will determine at a later date whether to proceed by way of a written or oral hearing. If you think an oral hearing is needed, you can write to the OEB to explain why by October 9, 2015. PRIVACY If you write a letter of comment, your name and the content of your letter will be put on the public record and the OEB website. However, your personal telephone number, home address and email address will be removed. If you are a business, all your information will remain public. If you apply to become an intervenor, all information will be public. This rate hearing will be held under section 36 of the Ontario Energy Board Act, S.O. 1998 c.15 (Schedule B). Ontario Energy Board Notice to customers of Union Gas Limite...Page 59 of 126 September 11, 2015 Ms. Kirsten Walli Board Secretary Ontario Energy Board 2300 Yonge Street, 27th Floor Toronto, ON M4P 1E4 Dear Ms. Walli: Re: EB-2015-0116 – Union Gas Limited – 2016 Rates Application Please find attached an application from Union Gas Limited ("Union") seeking changes to Union’s regulated gas distribution, transmission and storage services effective January 1, 2016. Union’s supporting evidence will be filed at a later date. The application has been filed in advance of the evidence to expedite the application process. If the proposed rate changes are approved by the Board the total bill increase for a typical Union South residential customer consuming 2,200 m3 per year would amount to $8 - $9 per year. For a typical Union North residential customer consuming 2,200 m3 per year, the total bill increase would amount to $3 - $4 per year. Union seeks the Board’s issuance of the final Rate Order by November 30, 2015 to ensure the implementation of 2016 rates by January 1, 2016. In the event that the Board does not issue a rate order by November 30, 2015 for implementation by Union on January 1, 2016, Union seeks an Order of the Board declaring Union’s rates in effect as of December 31, 2015, interim as of January 1, 2016. It will be Union’s proposal in this matter to deal with any retrospective impact of the delayed implementation through a rate rider for general service rate classes and a one-time adjustment for all other rate classes, which will recover any changes in rates ultimately approved by the Board’s order with effect from January 1, 2016. Yours truly, [Original signed by] Chris Ripley Manager, Regulatory Applications c.c.: EB-2014-0271 Intervenors Crawford Smith, Torys Ontario Energy Board Notice to customers of Union Gas Limite...Page 60 of 126 Filed: 2015-09-11 EB-2015-0116 ONTARIO ENERGY BOARD IN THE MATTER OF the Ontario Energy Board Act, 1998, S.O. 1998, c.15 (Sched. B); AND IN THE MATTER OF an Application by Union Gas Limited, pursuant to section 36(1) of the Ontario Energy Board Act, 1998, for an order or orders approving or fixing just and reasonable rates and other charges for the sale, distribution, transmission and storage of gas as of January 1, 2016. APPLICATION 1. Union Gas Limited (“Union”) is a business corporation incorporated under the laws of the province of Ontario, with its head office in the Municipality of Chatham-Kent. 2. Union conducts both an integrated natural gas utility business that combines the operations of distributing, transmitting and storing natural gas, and a non-utility storage business. 3. Union was an applicant in a proceeding before the Board for an order of the Board approving or fixing a multi-year incentive rate mechanism (“IRM”) to determine rates for the regulated distribution, transmission and storage of natural gas. The Board assigned EB-2013-0202 to Union’s application. 4. Union filed an IRM application with the Board on July 31, 2013. The application was supported by a comprehensive Settlement Agreement (the “Agreement”) between Union and stakeholders. The stakeholders party to the Agreement were parties who participated in Union’s 2008-2012 IRM proceeding and in the annual rate proceedings throughout the last IRM term. The proposed IRM parameters found in the Agreement were further supported by evidence and reports. The Board approved the Agreement on October 7, 2013. Ontario Energy Board Notice to customers of Union Gas Limite...Page 61 of 126 - Page 2 - 5. Union’s Board-approved Agreement sets out a multi-year incentive ratemaking mechanism (“IRM”) for calendar years 2014 to 2018. The framework includes a price cap index (“PCI”), where rates are a function of: an inflation factor (“I”), a productivity factor (“X”), certain non-routine adjustments (Z factors), certain predetermined pass-throughs (Y factors), and an adjustment for normalized average consumption (“NAC”) to reflect changes in consumption in the General Service rate classes. 6. The IR M approved for Union contemplates the filing by Union of an application for Z factor adjustments, structural rate design changes or the pricing of new regulated services in a time frame that will enable these issues to be resolved in sufficient time to be reflected prospectively in the next year’s rates. This requires the filing of a draft Rate Order with supporting documentation which reflects the impact of the PCI pricing formula so that a final Rate Order will be issued for implementation by January 1, 2016. 7. Union hereby applies to the Board, pursuant to section 36 of the Act and pursuant to the annual rate-setting process underlying the IRM in the Agreement, for an order or orders approving or fixing just and reasonable rates and other charges for the sale, distribution, transmission and storage of gas effective January 1, 2016. 8. Union further applies to the Board for all necessary orders and directions concerning pre- hearing and hearing procedures for the determination of this application. 9. This application is supported by written evidence that will be filed with the Board and may be amended from time to time as circumstances may require. 10. The persons affected by this application are the customers resident or located in the municipalities, police villages and Indian reserves served by Union, together with those to whom Union sells gas, or on whose behalf Union distributes, transmits or stores gas. It is impractical to set out in this application the names and addresses of such persons because they are too numerous. Ontario Energy Board Notice to customers of Union Gas Limite...Page 62 of 126 - Page 3 - 11. The address of service for Union is: Union Gas Limited P.O. Box 2001 50 Keil Drive North Chatham, Ontario N7M 5M1 Attention: Chris Ripley Manager, Regulatory Applications Telephone: (519) 436-5476 Fax: (519) 436-4641 - and - Torys Suite 3000, Maritime Life Tower P.O. Box 270 Toronto Dominion Centre Toronto, Ontario M5K 1N2 Attention: Crawford Smith Telephone: (416) 865-8209 Fax: (416) 865-7380 DATED September 11, 2015. UNION GAS LIMITED [Original signed by] ___________________________ Chris Ripley Manager, Regulatory Applications Ontario Energy Board Notice to customers of Union Gas Limite...Page 63 of 126 ADMINISTRATION OFFICE1800 Main Street, P.O. Box 70GERALDTON, ON P0T 1M0 P: 807-854-1100 F: 807-854-1947E: administration@greenstone.cawww.greenstone.caGREENSTONE “Gateway to the Ring of Fire” TM September 29, 2015 Resolution Bill 100 Supporting Ontario Trails Act To whom it may concern: Please be advised that Council of the Municipality of Greenstone passed the following resolution at its meeting held September 28, 2015: Resolution 15-245 Moved by: Councillor Trottier Seconded by: Councillor Lemieux WHEREAS Bill 100 Supporting the Ontario Trails Act has the following purposes: 1. To increase awareness about and encourage the use of trails. 2. To enhance trails and the trail experience. 3. To protect trails for today’s generation and future generations. 4. To recognize the contribution that trails make to quality of life in Ontario. AND WHEREAS the Association of Municipalities of Ontario has had input into this Bill looking out for municipal interests; AND WHEREAS the Bill includes stronger penalties for property damage and trespassing to discourage such actions; Municipality of Greenstone re Resolution Bill 100 Supporting...Page 64 of 126 ADMINISTRATION OFFICE1800 Main Street, P.O. Box 70GERALDTON, ON P0T 1M0 P: 807-854-1100 F: 807-854-1947E: administration@greenstone.cawww.greenstone.caGREENSTONE “Gateway to the Ring of Fire” TM AND WHEREAS the Bill will be asking for best practices to be created and will have participation in these practices be voluntary THEREFORE not creating undue hardship on the Municipality; NOW THEREFORE LET IT BE RESOLVED THAT the Municipality of Greenstone supports the overall direction Bill 100 Supporting the Ontario Trails Act AND FURTHER LET IT BE RESOLVED THAT the Municipality of Greenstone encourages the government to continue to work with stakeholder such as NOMA, ROMA, and the OFA to enhance the liability and trespass provisions of the Bill. CARRIED. Thank you for your consideration, we look forward to your favourable reply. Sincerely, Roy Sinclair Chief Administrative Officer cc: Ontario Municipalities ROMA NOMA OFA Mayor and Council Municipality of Greenstone re Resolution Bill 100 Supporting...Page 65 of 126 A SPARK is that incredible feeling you get when you’ve made a difference. We want people who are curious about volunteering to find their SPARK and tell others to do the same! What exactly is SPARK Ontario? SPARK Ontario is a new online platform of opportunities and inspiration for all things volunteering across Ontario. Whether you want to learn about volunteering, find a volunteering project that excites you or share a story about what SPARKed your interest in giving back, findmyspark.ca is the place to be. Findmyspark.ca is the perfect spot for the “VolunCurious” – people who know they want to do something, but aren’t sure what, or who have volunteered before and want to give it another shot. For the province’s not-for-profits, SPARK Ontario is an opportunity to connect with potential volunteers: a platform for them to tell their stories and recruit engaged, interested people who have felt the SPARK. Let’s SPARK a passion for volunteering together! How can you help? It’s easy: 1. Visit www.findmyspark.ca to learn more about this project, check out the opportunities that are available and... 2. Share YOUR story. Tell us about the impact volunteering has on your life – and don’t forget to include a photo! 3. Become a Community Champion. As a passionate ambassador for volunteering you can help spread the word. Tell your colleagues, friends, family and networks about SPARK and why they should become a part of this exciting volunteer movement. Anybody with a network and a passion for volunteering can be a Champion! We have a full toolkit of terrific marketing resources available, plus the expertise of a marketing agency to help you! 4. Connect with us. • Visit www.findmyspark.ca • For information about becoming a Community Champion email communitychampions@sparkontario.ca • Check us out on Twitter (@SparkOntario) and Facebook to keep the conversation going! SPARK Ontario is funded by the Ontario Ministry of Citizenship, Immigration and International Trade as part of a legacy initiative for the Pan/ Parapan American Games 2015. Spark Ontario re Inspiration Starts Here Page 66 of 126 '1" '7" '7‘ '7‘ '7" ‘F '1‘ ‘F ‘F 7* 7* ‘F'7" 7‘ '1" ‘F ‘F 1* ‘F 7* 7‘ ‘F /r .5 ‘_ Ti‘0 ,>3 $ '7“ 1" :or:.mu,;15 ‘G’ :Bayham -Edison Museum ‘F i “LE T ’S G0 HAWAIIAN at Saturday,November 14th Vienna Community Centre 5:00-6:00 p.m.~Social Time 6:00 p.m.~Pork Dinner,Music, Silent Auction &Cash Bar $20 per person (includes HST) Costumes or casual dress Proceeds support Edison Museum activities For Tickets Call 519-866-3525 or 519-866- 5521;;*Can’t make dinner?Join us after 7:30 p.m.for $5/person 1 *‘(incl.HST)or beat the HST with a larger donation!7i ‘‘7*1*7*‘P‘1*'l"‘l'°1*1*’? '>¥‘>l¢'i¢':l¢'>¥"2¥'i¢'3!¢':¥':¥':¥':¥'3l¢'i¢':l¢'>l¢ Bayham - Edison Museum re Let's Go Hawaiian Page 67 of 126 REPORT TREASURY DEPARTMENT TO:Mayor &Members of Council FROM:Lorne James,Treasurer DATE:October 15,2015 REPORT:TR-18/15 FILE NO. SUBJECT:2015 Q3 Variance Report BACKGROUND: The Q3 (third quarter)financial reports are provided for Counci|’s fiduciary review.This report provides a summary of current revenue and expenditure to September 30,2015 and variances to the operating budget.Staff will be providing quarterly variance reports to council. COMMENTS: Outside the winter maintenance variance,all other divisional budgets are within Q3 target ranges,with exceptions as noted in Appendix A and B.Capital programs are mostly completed with a few remaining,results to date show departments are on track to meet capital budget. Staff have achieved cost savings through the first nine months in several departments in operating and capital expenses.Additional expenses have been added to departments that were not projectedl budgeted for including:municipal road drain work,road washouts and clean up,beach maintenance,municipal facilities and lower summer student grants.The municipality is still exposed to risks in the remaining three months which include:foreign exchange fluctuations for materials and supplies,interest rate risk,weather and winter maintenance. CONCLUSION: Operating budget expenses are in expected levels given the cyclical nature of some operations. Winter maintenance at the end of September was at 84%of its annual budget for the year. Capital expenses in first nine months have come below budgeted expense in most departments, which will help offset in any cost overruns in remaining year. ATTACHMENTS: 1.Appendix A:2015 Q3 Operating Revenue and Expense Variance Report. 2.Appendix B:2015 Q3 Capital Expense Variance Report RECOMMENDATION Report TR-18/15 by Lorne James, Treasurer re 2015 Q3 Varianc...Page 68 of 126 1.THAT Staff Report TR-18-2015 be received for information. su mitted,Reviewed by /2 .//Lorne Jam Report TR-18/15 by Lorne James, Treasurer re 2015 Q3 Varianc...Page 69 of 126 Municigaligy of Bayham Agpendix A:2015 Q3 Ogerating Revenue and Expense Variance Report 2015 2015 % Actuals Budget Consumed Revenues 05.10 General Taxation 3,606,833 3,601,989 100% 05.20 Other Revenues 914,125 1,217,000 75% 1010 General Government 328,909 376,310 87% 10.20 Council -- 20.10 Fire Services 13,884 13,000 107% 2020 Police Services 118,401 110,000 108% 2030 Conservation Authority -— 20.40 Other Protective Services 53,368 66,500 80% 20.50 Bylaw Enforcement Services 19,971 25,000 80% 25.10 Roads 312,136 442,678 71%-Road Payments increase in Winter Season 25.20 Winter Control 10,812 12,000 90% 2540 Street Lights - 30.10 Water 398,643 794,709 50%-transfer to be posted 3015 Richmond Water 33,835 50,753 67%-bill timing 30.30 Waste Disposal 83,736 123,190 68%-transfer to be posted 3020 Waste Water 555,091 782,287 71%—bil|timing 35.10 Health Services -- 35.20 Cemeteries 2,904 - 40.10 General Assistance -- 45.10 Parks &Recreation 2,740 2,500 110% 45.20 Straffordville Community Centre -- 4530 Vienna Community Centre 9,199 7,000 131% Eden Community Centre -- 45.40 Libraries 33,473 66,000 51%—q3payment in Fall 4550 Museums 11,506 31,800 36%-Grants receieved in Fall 5010 Planning,Development &Tourism 47,909 27,000 177%-offset increased expense 25.30 Business &Commerce -« Tourism &Marketing 612 5,500 11%-grants in Fall 50.20 Environmental Services -12,838 0%-grant in Fall Capital 891,456 2,529,271 35%-Lower Capital Revenue due to Dexter Line Funding to Water Boards Expenditures 05.10 General Taxation 13,456 5,000 269%-Adjust entries to be made 05.20 Other Revenues -- 1010 General Government 963,332 1,259,648 76% 1020 Council 47,927 76,128 63% 20.10 Fire Services 328,628 510,783 64% 2020 Police Services 613,509 925,985 66% 20.30 Conservation Authority 58,802 58,802 100%-2015 Paid in Full 20.40 Other Protective Services 60,387 87,860 69% 20.50 Bylaw Enforcement Services 22,802 38,748 59% 25.10 Roads 985,177 1,446,906 68% 2520 Winter Control 89,847 107,000 84% 2540 Street Lights 47,568 54,000 88% 30.10 Water 551,576 794,709 69% 30.15 Richmond Water 29,735 50,753 59% 30.20 Waste Water 282,966 782,287 36% 3030 Waste Disposal 339,577 493,368 69% 3510 Health Services -- 35.20 Cemeteries 24,255 19,000 128%-invoices to be sent 40.10 General Assistance 5,903 10,000 59% 45.10 Parks &Recreation 42,672 53,439 80% 45.20 Straffordville Community Centre 17,674 27,363 65% 45.30 Vienna Community Centre 38,139 55,763 68% 45.35 Eden Community Centre 6,026 5,225 115%-invoice to be sent 45.40 Libraries 16,240 66,000 25%-transfer at year end 45.50 Museums 55,564 74,408 75% 50.10 Planning,Development 8 Tourism 82,752 90,947 91%-offset in revenue 25.30 Business &Commerce -— 50.15 Tourism &Marketing 37,461 52,500 71 % 5020 Environmental Services 24,593 23,580 104%-additional drainage work performed Capital 1,561,793 3,127,122 50%-lower due to Dexter Line Water Board expenses Report TR-18/15 by Lorne James, Treasurer re 2015 Q3 Varianc...Page 70 of 126 Municipality of Bayham Appendix B:2015 Q3 Capital Expense Variance Report 2015 2015 °/o Actuals Budget Consumed General Government —Accounting Software Upgrade $30,731 $50,000 61% -Council Computers $10,000 $10,000 100%—transfered to Council Reserve -Election Reserve Transfer $10,000 $10,000 100% -Working Capital Transfer $10,000 $10,000 100% —Liability Reserve Transfer $70,000 $70,000 100% Fire -Station 2 Lighting Upgrade $3,709 $5,000 74%-Upgrade finished in April —Apparatus Replacement $152,640 $150,000 102% -Apparatus Replacement $39,414 $39,414 100% -Tech Rescue Equipment $15,000 0% Roads -Csinos Culvert Replacement $2,307 $7,000 33%-unknown on status —2016 Tandem Plow Truck $244,660 $250,000 98% -2015 Tandem Plow Truck $237,630 $250,000 95% -Best Line Tar and Chip $136,469 $151,620 90%-completed -Tunnel Line Tar and Chip $240,074 $250,000 96%-completed —Light Line 33 320 $27,410 1% -Owl Cage Road $448 $4,441 10% -PW Yard -Repairs $15,873 $55,000 29%-engineering underway -Sidewalks $50,000 0%-inspections complete —Erieus Street Storm Sewer $53,177 $200,000 27%-in progress -Streetlights $276,924 $210,000 132%-No rebate adjusted yet Water —Pump House $14,496 $46,000 32%-in progresss -Dexter Line $-$1,300,000 0%—expense went to Water Board Waster Water -Air Valve $14,587 $15,000 97%-unknown on status —Equipment Replacement $9,458 $8,300 114% -Manhole $10,000 0%-not started -Concrete Rehab $15,025 $25,000 60%-in progress -Pump Equipment $7,565 $41,667 18%-ongoing Parks -Rail Trail Development $4,808 $10,000 48%—cu|vert and drain repair Planning —Of?cial Plan Review $60,000 $6,000 1000°/o -transferred to Planning Reserve Facility —Facility Transfer $150,000 $150,000.00 100% Report TR-18/15 by Lorne James, Treasurer re 2015 Q3 Varianc...Page 71 of 126 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 15, 2015 REPORT: CAO-74/15 SUBJECT: CORINTH PAVILION BACKGROUND The documented chronology of the proposed Corinth Pavilion is as follows: August 12, 2010 Correspondence dated July 15, 2010 from Lori King and Wendy Chilcott regarding ‘fundraising for the construction of a new pavilion in the Corinth municipal park’. The Treasurer advised that the Municipality could administer community raised funds for a pavilion at the Corinth Park, however noted that that no monies could be returned to the donors should the work not go forward. THAT correspondence dated July 15, 2010 from Lori King and Wendy Chilcott regarding fundraising for the construction of a new pavilion in the Corinth municipal park be received; THAT Council consider support of the project during 2011 budget discussions; AND THAT Council supports municipal administration of funds raised on behalf of the community group. September 16, 2010 Correspondence dated September 7, 2010 from Spriet Associates regarding ‘Corinth Pavilion’. Staff was requested to send a thank you to Spriet Associates for their offer. THAT correspondence dated September 7, 2010 from Spriet Associates regarding Corinth Pavilion be received; AND THAT Council accept the donation of necessary drawings and inspection and final certification for the Corinth Pavilion from Spriet Associates. May 5, 2011 Correspondence dated April 29, 2011 from Corinth Pavilion Fund Raising Committee regarding Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 72 of 126 ‘Corinth Pavilion Fundraiser’. THAT staff be directed to withdraw$250 from the Corinth Pavilion Fund Raising account and provide to the Fund Raising Committee to be used for further fundraising to be paid to Lori King & Wendy Chilcott. September 1, 2011 Photos of the Railway Building at the Corinth Park regarding "Vandalism and Safety Concerns". Vandalism, safety concerns and the condition of the building were discussed. It was suggested that the building may not be adequate for the intended purpose. Staff was directed to arrange a public meeting in the Corinth area to obtain input regarding both the railway building and the proposed pavilion. September 29, 2011 Update status of Pavilion Fundraising efforts. Wendy Chilcott provided a copy of the Engineer's blueprints for the proposed 16' x 24' pavilion to be placed in the northeast corner of the park, straight back from the ball diamond. Hydro installation is not being considered due to cost. The approximate cost is $10,000. Funds raised to date are$1,246. Ms. Chilcott noted that three local people are willing to donate toward the cost. Council committed $2,000 in the 2011 budget and will match monies raised. It was noted that the foot path to the park through the ditch needs some work as it is very slippery when wet. Municipal staff is to look at making improvements. Ray Bosma suggested that a masterplan be developed for the park. February 7, 2012 It was agreed that the Corinth Park pavilion be funded from the park reserve rather than the tax levy. April 12, 2012 Cheryl Peters noted that a group of young people from Bayham have been fund raising to have a pavilion built in the Corinth Park. With a generous donation from Thompson Change Air and the money raised by the young people of Corinth and Municipality of Bayham matching these sum they have met the amount of funds needed ($10,000.00) to build this structure. She noted that these young people worked diligently to make this happen and deserve recognition for their effort. April 19, 2012 Email correspondence dated April 13, 2012 from Lori King regarding naming the proposed pavilion ‘Change Air Corinth Park Pavilion’. THAT Council supports the naming of the Corinth pavilion as the "Change Air Corinth Park Pavilion, contingent to the inclusion of Bayham's corporate logo. June 7, 2012 Councillor Ketchabaw advised that the Building Committee for the Corinth Pavilion are seeking setback requirements and drain locations before proceeding with the building. The railroad station house is on good footing and volunteers will be undertaking some cosmetic work later in the month November 14, 2013 Additional funding is included for future equipment and construction of a pavilion at the Corinth Park. Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 73 of 126 September 17, 2015 The Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-098, being a By-law to authorize the execution of a Standard Trust Agreement between the Municipality of Bayham and Corinth Recreation Committee (for donation of lottery funds remaining in bank account) October 6, 2015 Capital Budget Sheet PR-5 - $20,000 Parkland Reserve – Corinth Pavilion - 2016 DISCUSSION The documented history of the progression of the Corinth Pavilion project is as outlined above. With approval of the 2016 Capital budget staff would respectfully recommend proceeding with the construction of the Corinth Pavilion, as per the attached designs provided by Spriet Associates. Staff recommend tendering the construction of the Corinth Pavilion as it is an A2 Assembly occupancy under the Ontario Building Code that requires the design to be prepared by a professional Engineer and/or Architect and the construction to be reviewed on site by an Engineer and /or Architect. As per the Municipality of Bayham’s’ Procurement Policy for hiring contractors, the contractor must have WSIB and carry a minimum 2 million dollars in liability insurance with the Municipality of Bayham named as an additional insured. Staff would request Council provide a location for the structure and would respectfully recommend consideration of the area within the grey rectangle. The red line represents the approximate location of the Mueller Drain. Staff reached out to seek comment on a draft version of Report CAO 74/15 re Corinth Pavilion from the key members of the project to date and did not hear any comment contrary to the recommendation within this report. RECOMMENDATION 1.THAT Report CAO-74/15 re Corinth Pavilion be received for information; 2.AND THAT Staff be directed to tender for the construction of the Corinth Pavilion with funds to come from the Parkland Reserve Account. 3.AND THAT the Corinth Recreation Committee be provided with a ‘letter of thanks’ for their efforts and dedication in seeing the project through to completion. Respectfully Submitted by: Paul Shipway CAO Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 74 of 126 Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 75 of 126 Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 76 of 126 Report CAO-74/15 by Paul Shipway, CAO re Corinth Pavilion Page 77 of 126 A 1 A S S O C I A T E S L I M I T E D p h o n e : ( 5 1 9 ) 6 7 2 - 4 1 0 0 f a x : ( 5 1 9 ) 4 3 3 - 9 3 5 1 e n g i n e e r s 1 5 5 y o r k s t r e e t - l o n d o n - N 6 A 1 A 8 a r c h i t e c t s L O N D O N L T D . S P R I E T W O O D F R A M I N G N O T E S : G E N E R A L S T R U C T U R A L N O T E S G E N E R A L : F O U N D A T I O N N O T E S : C O N C R E T E N O T E S : Report CAO-74/15 by Paul Shipway, CAO re Corinth PavilionPage 78 of 126 A 2 A S S O C I A T E S L I M I T E D p h o n e : ( 5 1 9 ) 6 7 2 - 4 1 0 0 f a x : ( 5 1 9 ) 4 3 3 - 9 3 5 1 e n g i n e e r s 1 5 5 y o r k s t r e e t - l o n d o n - N 6 A 1 A 8 a r c h i t e c t s L O N D O N L T D . S P R I E T Report CAO-74/15 by Paul Shipway, CAO re Corinth PavilionPage 79 of 126 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 15, 2015 REPORT: CAO-76/15 SUBJECT: ANIMAL CONTROL SERVICES-ANIMAL CONTROL BY-LAW BACKGROUND The Municipality of Bayham provides Canine Control and Poundkeeper Services by way of Agreement No. 0278-15 as authorized by By-law No. 2013-057. Rodger Martin has provided exemplary Canine Control and Poundkeeper Services for many years and continues to do so via Lobo Pines Kennel in accordance with Animal Control By-law No. 2009-059, as amended, attached hereto as Appendix ‘A’. The Canine Control/Poundkeeper also provides animal control services as required by the Health Unit, at the expense of the Municipality, in accordance with Ontario Communicable Disease Regulation 557 established under the Health Protection and Promotion Act. Over the past three years the Municipality, on average, utilizes the Canine Control and Poundkeeper Services fourteen (14) times per year at an average annual expense of approximately $14,000. DISCUSSION As a component of the staff review of regulatory by-laws and contract renewals staff assessed Animal Control By-law No. 2009-059 as amended. The by-law has two areas of concern. Firstly the By-law ignores the provisions of the Dog Owners' Liability Act, R.S.O. 1990, which empowers individual citizens to rectify civil canine control issues. Secondly, the by-law provides the process for designation of ‘Potentially Dangerous Dogs’ and ‘Dangerous Dogs’ which imposes certain requirements on owners of the designated dogs. This process, if enacted, is guided by the Statutory Powers Procedure Act, R.S.O. 1990 and requires notice and a hearing to owners. This process has not been enacted since 2009. The result is that the current Animal Control By-law is ineffective in providing the service it is designed to accomplish within the reality of the Municipality of Bayham Municipal Law Enforcement Services portfolio. As a result staff have drafted a proposed new Animal Control By-law for Council consideration, attached hereto as Appendix ‘B’. The by-law incorporates changes noted above and two other minor changes including prohibiting all animals on the Municipal East Beach, as the Municipality has had an issue with horses in the past, and a minor fee increase to ensure a proportional share of costs continue to be covered by dog tag sales. The proposed by-law aims to provide a level of service in accordance with the abilities of the Municipality of Bayham Municipal Law Enforcement Services portfolio, while providing additional options for citizens civil solutions under applicable legislation. The Canine Control and Poundkeeper Services is effectively two services. Firstly, the collection of animals, secondly the confinement and possible euthanasia of the animal. Rodger Martin is Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 80 of 126 capable of providing both aspects of the Canine Control and Poundkeeper Services through an appropriately zoned kennel. Concurrently while assessing the Animal Control By-law staff also assessed the provision of Animal Control Services by similar Municipalities within Elgin County and beyond. A common theme is that the level of service is not twenty-four hours per day, seven days per week, and correspondingly, the service contract expense is less than that which Bayham currently funds. Staff respectfully propose to issue a Request for Proposals for Animal Control Services which has the following key provisions (which are in line with the historic Municipality of Bayham service requests): 1)Cost of service from 8:30 AM – 7 PM daily, excluding statutory holidays (at maximum) 2)Cost of Service For Overnight Hours (optional/provisional item) 3)Monthly Retainer Fee (if required by contractor) 4)Housing and euthanasia options, to be arranged by the Contractor, as follows: a.At a legal facility owned by the contractor; or b.At a local facility which the Contractor has a contractual relationship with. A copy of the proposed RFP is attached hereto as Appendix ‘C’. As part of the contract renewal the Municipality would also cease providing live traps to residents as a result of liability concerns. RECOMMENDATION 1.THAT Report CAO-76/15 re Animal Control Services-Animal Control By-law be received for information; 2.AND THAT staff be directed to bring forward an Animal Control By-law for Council consideration; 3.AND THAT staff be directed to post an RFP for Animal Control Services in accordance with Appendix ‘C’. Respectfully Submitted by: Paul Shipway CAO Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 81 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2013-045 Being a By-law to Amend By-Law 2009-059 A By-Law to Regulate and Control Dogs ' ' WHEREAS on the 7th day of May, 2009 The Corporation of the Municipality ofBayham found it desirable to enact By-law #2009-059, a by-law to regulate and control dogs; AND WHEREAS the Council of the Corporation of the Municipality ofBayham now deems it necessary to amend By-law #2009-059, as amended; NOW THEREFORE the Corporation of the Municipality ofBayham hereby enacts as follows: THAT By-law #2009-059 be amended by changing Section 5.11 to read: 5.11 Any person who owns, harbours, possesses or is in the care and/or control of any dog shall not allow said dog to enter upon the Municipal East Beach in Port Burwell between the hours of8:00 a.m. to 8:00p.m. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF MAY, 2013 1 APPENDIX 'A' Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 82 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY -LAW 2009-136 Being a By-law to Amend By-Law 2009-059 A By-Law to Regulate and Control Dogs WHEREAS, on the 7th day ofMay 2009 The Co:rporation of the Municipality ofBaybam found it desirable to enact By-law #2009-059, a by-law to regulate and control dogs; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend By-law #2009-059, Appendix A; NOW THEREFORE the Corporation of the Municipality ofBayham hereby enacts as follows: THAT By-law #2009-059 be amended by substituting the following feeS for Section 1 of Appendix "A" of the By-law: 1. Licence Fees: Forfustdog For second dog For third dog A Kennel for Purebred Dogs A Kennel for non-Purebred Dogs On or Before March31 $27.00 $30.00 $35.00 $100.00 $ 20.00/dog After March31 $47.00 $47.00 $47.00 $135.00 $ 25.00/dog READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED TIDS 3RD DAY OF DECEMBER, 2009 I Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 83 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009-059 Being a By-law to Regulate and Control Dogs WHEREAS Section 11, of the Municipal Act, S .O. 2001, c.M. 25, as amended, authorized the Councils of local municipalities to pass By-laws to regulate, restrict, prohibit and control the keeping of dogs in ...the Municipality ofBayham, or in any defined area thereof; AND WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.M. 25, c. M.45, as amended authorized the Councils oflocal municipalities to pass By-laws for the licensing, and registration of dogs in the Municipality ofBayham, or in any defined area thereof; AND WHEREAS Section 11, of the Municipal Act, S.O. 2001, c.M. 25, c. M. 45, as amended, authorizes the Councils oflocal municipalities to pass By-laws for prohibiting or regulating the running at large of dogs in the municipality or in any defined area thereof: for seizing and impounding and for killing, whether before or after impounding, dogs running at large contrary to the By-law and for selling dogs so impounded at such time and in such manner as is provided; AND WHEREAS Sections 1, 6, 12, 60, and 61 of the Provincial Offences Act, R.S.O. 1990, c. P . 33, as amended, provides that local municipalities can create a fine set by the Court for an offence, and other penalty provisions; AND WHEREAS Council now deems it necessary to rescind By-law #2001-94, as amemded and enact and pass a new By-law for this purpose; AND WHEREAS the Council ofThe Corporation of the Municipality ofBayham deems it desirable to pass a By-law to provide for the regulation and control of dogs within the Municipality of Bayham, under the provisions of the Municipal Act, S.O. 1990. NOW THEREFORE, the Council of The Corporation of the Municipality ofBayham enacts as follows: 1. SHORT TITLE: This By-law may be cited as the "Dog Control By-law". 2. DEFINITIONS: In this By-law, 2.1 "By-law Enforcement Officer" means an officer or designate, who is appointed by Council and whose duties include the enforcement of this By-law. 2.2 "Corporation" shall mean The Corporation of the Municipality of Bayham. 2.3 "Council" shall mean the Council of The Corporation of the Municipality ofBayham. 2.4 "Dog" means any dog, male or female, of any age. 2 .5 "Dangerous Dog" means: (a) a dog that, in the absence of any mitigating factor, has attacked, bitten, or caused injury to a person, or has demonstrated a propensity, tendency or disposition to do so; (b) a dog that, in the absence of any mitigating factor, has attacked, bitten, or caused an injury to a domestic animal requiring the services and treatment of a veterinarian; or (c) a dog, previously designated as a potentially dangerous dog that is kept or permitted to be kept by its owner in violation of the requirements for such dog. Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 84 of 126 Dog Control By-law Municipality ofBayham 2.6 "DweDing" or "Dwelling Unit" shall mean one or more habitable rooms occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons. 2. 7 "Enclosure" shall mean an enclosed pen of sufficient dimension and construction to provide hwnane shelter for the dog while preventing it from escaping there from and preventing the entry therein of unsupervised children. 2 .8 "Bamlef' shall mean those urban areas designated as hamlets within the Official Plan of the Municipality ofBayham, passed on July 5, 2001, as amended from time to time. 2.9 "Keeps" shall mean owns, possesses or harbours. 2.1 0 "Kennel" shall mean a premises, lot, building, structure or establishment, on or within which four ( 4) or more dogs, more than four ( 4) months of age, are housed, groomed, bred, boarded, trained, sold or raised, and which may offer provisions for minor medical treatment; and which premises shall require a site specific zoning designation to allow for the use of a kennel. 2.11 "Licence Agenf' means an agent who is appointed by Council and whose duties include the issuance of dog licenses. 2.12 "Mitigating Factor'' means a circwnstance which excuses aggressive behaviour of a dog and, without limiting the generality of the foregoing, may include circumstances where: (a) the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; (b) the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its owner, or (c) the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful trespass or other tort upon the premises occupied by the owner or keeper of the dog; (d) the dog was, at the time of the aggressive behaviour, being physically tormented. 2.13 "Municipality'' means the geographical area of The Corporation of the Municipality of Bayham. 2.14 "Muzzle" means a humane fastening or covering device of adequate strength placed over a dog's mouth to prevent it from biting. 2.15 "Owner" of a dog, includes any person who possesses or harbours a dog; and where the owner is a minor, the person responsible for the custody of the minor. "Owns" and "owned" have a corresponding meaning. 2 .16 "Potentially Dangerous Dog" means: (a) a dog that, in the absence of any mitigating factor, chases or approaches any person or domestic animal anywhere other than on the property of its owner, in a menacing fashion or apparent attitude of attack, including, but not limited to behaviour such as growling or snarling; or (b) a dog that has been impounded; (c) a dog whose owner has been convicted on a total of three (3) occasions for such dog being at large in the municipality. 2.17 "Pound" shall mean such premises and facilities designated by The Corporation of the Municipality of Bayham as the Municipal Dog Pound. 2.18 "Pound Keeper" shall mean person, persons or association appointed by The Corporation of the Municipality ofBayham to operate, maintain and administer the Municipal Dog Pound. 2.19 "Premises" includes the entire lot on which a single dwelling unit is situate; or a dwelling unit within a multi-dwelling unit building, but does not include common areas adjacent to a multi- dwelling unit unless those common areas are completely enclosed. 2 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 85 of 126 Dog Control By-law Municipality ofBayham 2.20 "Purebred" means: (a) registered or eligible for registration in the Register of the Canadian Kennel Club, Incorporated, or (b) registered or eligible for registration in the Register of an International Kennel Club, Incorporated. 2.21 "Running at Large" means to be found in any place other than the premises of the owner of the dog and not under the physical control of any person by means of a leash. 2.22 "Service or companion animal": is a dog used as a service animal for a person with a disability a. if it is a guide dog as defined in Section 1 of the Blind Persons Rights 'Act; b. if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or c. if the person provides a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. (Accessibility for Ontarians with Disabilities Act, 2005-0. Reg. 42917 ss4(8) & (9)) 2.23 "Village" shall mean those urban areas designated as villages within the Official Plan of the Municipality ofBayham, passed on July 5, 2001, as amended from time to time. 3. LICENSING: 3.1 No person, who is residing temporarily or permanently within the Municipality shall own, keep, possess or harbour a dog unless a licence has been issued under this By-law. 3.2 The Council may appoint and authorize a license agent to assist the By-law Enforcement Officer, with the issuance of licences required under this By-law, and every such licence shall be executed on behalf of the Corporation. 3.3 The owner of any dog within the limits of the Municipality shall cause such dog to be registered with the Corporation, and shall be furnished with a dog tag on payment of the annual licence fee. 3.4 Puppies may be kept with the mother for a period not exceeding three (3) months/ninety (90) days following birth. 3.5 The owner shall keep such tag furnished securely fixed on the dog at all times during the year am until the owner procures a tag for the following year. A tag may be removed while the dog is being lawfully used for hunting in the bush. 3.6 All dogs shall be registered and licence fees paid for on or before March 31111 in each year; or within fourteen (14) days from the date of which such dog is acquired. All licence fees paid for after these dates shall be subject to a licence fee increase often ($10.00) dollars. 3.7 Every licence and dog tag shall expire on December 31111 of the year for which same is issued and every dog owner shall renew the dog tag yearly. 3.8 Where the owners of any dog have moved into the limits of the Municipality, they shall be required to register and pay the annual licence fee, as set out in Appendix "A", within fourteen (14) days from the date of the move. All licence fees paid after this date shall be subject to a licence fee increase often ($10.00) dollars. 3.9 No person shall transfer a licence or tag issued by the Corporation from one owner to another, or from one dog to another. 3.10 Owners shall supply the Corporation, or the licensing agent, with a description of each dog, sufficient to identify such dog; and a reconl shall be kept identifying the dog and showing the name, address and telephone number of the owner; and the serial number of the dog tag furnished. 3.11 The annual licence fees payable by the owner of every dog urxler this By-law, as set out in Appendix "A", shall be the rates as approved by Council, from time to time. 3.12 Service or companion animals are exempt from the payment of all licence fees applicable pursuant to this By-law. 3 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 86 of 126 Dog Control By-law Municipality of Baybam 3.13 Where a dog tag bas been lost, a replacement tag shall be issued at no cost upon receipt of proof that the current year's licence fee bas been paid. Where second or subsequent tags have been lost, an application shall be made to the Corporation for a replacement tag and the replacement tag fee shall be paid. 3.14 In accordance with Section 11 of the Municipal Act, S.O. 1990, Chapter M.45, the Clerk or other officer as designated shall keep a book, reoord or file in which shall be recorded: • the name of the owner of every dog registered under the provisions of this By- law; • the address and telephone number of the owner of every dog registered under the provisions of this By-law; • the licence and dog tag number; • the year and expiration date of the licence and tag; • the date of such registration; • the description of the dog; • amount of fee paid. 4. KENNELS AND ANIMAL RESCUE FACILITY: 4.1 All persons shall obtain a kennel licence from the Corporation before operating a kennel of dogs. 4.2 All applications for kennel licences shall be accompanied by the following information: (a) Name and address of kennel owner; (b) Type of breed or purebred dogs housed, boarded, bred or raised; (c) Location oflcennel; (d) Proof of approved site specific zoning to provide for kennel use for said location. (e) Applicable fee. 4.3 (a) Notwithstanding the provisions of Section 3.11 of this By-law, prior to March 31• in each year, the owner of a kennel of dogs that are registered or eligible for registration with an association incorporated under the Animal Pedigree Act (CaMda) shall pay an annual kennel licence fee, as set out in Appendix "A", instead of a licence fee for each dog. (b) Notwithstanding the provisions of Section 3.11 of this By-law, prior to March 31 at in each year, the owner of a kennel of dogs that are not eligible for registration with an association incorporated under the Animal Pedigree Act (Canada) shall pay a licence fee for each dog residing at the kennel, as set out in Appendix "A". 4.4 Every kennel owner shall submit on a monthly basis, to the Corporation, the names and addresses of Municipal residents who have purchased dogs from the said kennel. 4.5 The owner of every kennel of dogs shall remove all excrement and soiled bedding from which odom may arise not less than weekly during the period ofNovember 111 to March 31or inclusive, and daily during the other months. 4.6 ANIMAL RESCUE FACILITY 4.6.1 In this section "Animal Rescue Facility" means an person approved to operate a dog rescue and adoption program at a specific property within the Municipality. 4.6.2 In this section "Approved" means annual written approval from the Council of the Municipality ofBayham. 4.6.3 The Municipality shall authorize a person to operate an approved Animal Rescue Facility where such person has demonstrated he/she is operating a dog rescue and adoption program in good faith, a rescue program for a specific dog breed recognized by the Animal Pedigree Act (Canada). or a dog rescue and adoption program as a not for profit corporation, and is registered with a recognized animal welfare organization and provides the Municipality a letter of reference signed by their primary veterinarian confinning that he/she provides medical care for the pets in his/her rescue and adoption program. 4 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 87 of 126 Dog Control By-law Municipality ofBayham 4.6.4 The Municipality's authorization under Section 4.6.3 to operate an approved Animal Rescue Facility shall expire on December 31"1 of the year for which the authority was issued. 4.6.5 The Municipality may renew the authority issued under Section 4.6.3 for a person to continue to operate an approved Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted. who adopted the dog, address of the new owner and date the dog was adopted, and demonstrated he/she continues to meet the requirements under Section 4.6.3. 4.6.6 The person approved to operate an Animal Rescue Facility shall not be required to pay a licence fee pursuant to this By-law for the first year, from the date of registration, a dog is harboured by or in the possession of the approved Animal Rescue Facility and where the dog is harboured by or in the possession of the approved Animal Rescue Facility for the pwpose of rescue and adoption. 4.6. 7 Despite Section 4.6.6 where a person approved to operate an Animal Rescue Facility harbours or possess a dog for the purpose of rescue and adoption for more than one year, from the date of registration, the person shall pay a licence fee for such dog in accordance with Appendix A Section l(a) oftbis By-law. 4.6.8 Despite Section 4.6.1 to Section 4.6.7 a person operating an approved Animal Rescue Facility shall at all times comply with all other requirements of this By-law. S. OFFENCES: 5.1 No person shall suffer, allow or permit a dog. of which that person is the owner to run at large. (a) on any private property without the consent of the person apparently in possession or having ownership oftbe property, or (b) in a public place. 5.2 No owner of a dog shall permit the dog to trespass on any private property. 5.3 Every owner of a dog and every person who has a dog under his or her care, custody or control shall restrain or cause the dog to be restrained on a leash where the dog is at any place other than on the property of the owner, or on the property of any person with the consent of that person. 5.4 No person shall use a leash for restraining any dog unless it is substantially constructed or composed of strong material and shall be capable, at all times, of securely restraining such dog. No person shall use a leash for restraining a dog that exceeds 6 feet (1.8 metres) in length. S.S No owner of a dog shall suffer or permit any such dog to attack or fight with another dog, or any other animal; or to do any damage whatsoever in any place, building or convenience to which the public has or is permitted to have access, including any highway, street, lane; park or public place or resort or of amusement 5.6 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensure that the dog is reimmunized against rabies by the date specified in the certificate of immunization issued. 5.1 At the request oftbe By-law Enforcement Officer, the owner or person having the care and custody of a dog shall provide a valid certificate verifying that such dog has been vaccinated against rabies. 5.8 Removal of Canine Waste: (a) Any person who owns, harbours or possesses any dog shall forthwith remove and sanitarily dispose of any excrement of the said dog; (b) Every person having control of a dog shall forthwith remove any excrement or feces left by such dog on any highway or public park or public area within the boundaries of the Municipality; (c) Any yard or pen where a dog or dogs are allowed to run, shall be kept in a clean and sanitary condition and all excrement, feces, mamue, refuse or dropped or scattered feed shall be removed by the owner or keeper at least every three (3) days ; and such refuse 5 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 88 of 126 Dog Conlrol By-law MunicipalityofBayham resulting from the keeping of such dog or dogs shall be removed from the premises as to prevent odour arising there from. 5.9 Number of Dogs per Premises: (a) No person shall keep more than two (2) dogs on any premises within a hamlet or village area as designated on the Official Plan of the Corporation of the Municipality of Bay bam, passed on July 5, 2001 , as amended from time to time, unless otherwise designated as a kennel. (b) No person shall keep more than three (3) dogs on any premises in all other areas of the Municipality, unless otherwise designated as a kennel. (c) Notwithstanding Subsection 5.9 (a), any person keeping three (3) licenced dogs on a premises within a designated hamlet or village area on or before November 15, 2001, shall be permitted to continue keeping such licenced dogs, but shall not be permitted to keep any additional or newly licenced dogs on the premises. At such time as a licence for any of the subject dogs is not continued, such person shall be subject to Section 5.9 (a)." 5.10 Any person who owns, harbours or possesses any dog shall not allow said animal to make any noise, which unduly disturbs the peace, quiet, comfort and repose of any individual. 5 .11 Any person who owns, harbours, possesses or is in the care and/or comol of any dog shall not allow said dog to enter upon the Municipal East Beach in Port Burwell. 5.12 Despite Section 5.11 a disabled person having care and control of a service or companion animal may enter upon the Municipal East Beach in Port Burwell providing the service or companion animal is leashed and the disabled person is in control and care of the service or companion animal at all times . 5.13 Any person who owns, possesses or harbours any dog shall provide suitable and adequate shelter, a) "adequate shelter" means a structure capable of shedding rain water, protecting the dog from wind, which is to be situated in a well drained area and be of a size suitable to the size of the dog which the said shelter is intended to house, b) the size of the said shelter stated in Section 5.10, paragraph (a), shall be large enough to allow the dog to stand, lay down and tum around in a 360-degree circle. 6. DANGEROUS OOGIPOTENTIALL Y DANGEROUS DOG: 6.1 An owner who has acknowledged that they are the owner of a potentially dangerous dog or a dangerous dog, shall keep the dog from leaving the premises on its own by means of: (a) An enclosure; (b) Containment within a fenced area; or (c) Physical restraint of the dog by chain, or other similar means. 6.2 The owner who bas acknowledged that they are the owner of a potentially dangerous dog or a dangerous dog shall at all times , when the dog is outside the boundaries of the owner's lands, keep the dog muzzled and it shall be securely leashed to the owner of the dog, on a leash not longer than 2 feet (0.6 metres) in length. 6.3 A direction in writing from the By-law Enforcement Officer shall be sufficient notice that the owner is the owner of a daniCfOUS dog and must comply with the provisions of this By-law. Where the By-law Enforcement Officer designates a dog as a dangerous dog, the By-law Enforcement Officer shall serve notice upon the owner of such dog, requiring the owner, upon receipt of such notice, to comply with the following requirements: (a) keep such dog confined, • within the owner's dwelling, or • in an enclosed pen of sufficient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein of unsupervised children, (b) securely attach a muzzle to such dog at all time when it is not confined in acconlance with Section 6.3 (a), and be under the care and control of a person 16 years of age or older. (c) obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than One Million ($1 ,000,000) Dollars for any damage or injury caused by such dangerous dog and provide to the By-law Enforcement Officer a certificate of such policy and each subsequent renewal thereof such policy shall comain a provision requiring the insurer to immediately notify the By-law Enforcement Officer should the policy expire, be cancelled or be terminated for any reason. 6 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 89 of 126 Dog Control By-law Municipality ofBayham (d) permit the By-law Enforcement Officer to insert a microchip implantation in such dog for the purpose of identifying such dog as a dangerous dog . All owners of such dog shall comply with the requirements referenced above and as contained within the Notice. 6.4 A direction in writing from the By-law Enforcement Officer shall be sufficient notice that the owner is the owner of a potential]y dangerous dog and must comply with the provisions of this By-law. Where the By-law Enforcement Officer designates a dog as a potentially dangerous dog, the By-law Enforcement Officer shall serve notice upon the owner of such dog, requiring the owner, upon receipt of such notice, to comply with the following requirements: (a) keep such dog confined, • within the owner's dwelling, • in an enclosed pen or fenced area of sufficient dimension and construction to provide humane shelter for the dog while preventing it from escaping there from and preventing the entry therein of unsupervised children, or • by physical restraint of the dog by chain or other similar means. (b) securely attach a muzzle to such dog at all time when it is not confined in accordance with Section 6.4 (a), and be under the care and control of a person 16 years of age or older. (c) if requested, obtain and maintain in force a policy of public liability insurance issued by an insurer licemed by the Province of Ontario providing thinl party liability coverage in an amount ~;~foot less than One Million ($1 ,000 ,000) DoUars for any damage or injury caused by sucll dangerous dog and provide to the By-law Enforcement Officer a certificate of such policy and each subsequent renewal thereof such policy shall contain a provision requiring tbe insurer to immediately notify the By-law Enforcement Officer should the policy expire, be cancelled or be terminated for any reason. (d) if requested, permit the By-law Enforcement Officer to insert a microchip implantation in such dog for the purpose of identifying such dog as a potentially dangerous dog. All owners of such dog shall comply with the requirements referenced above and as contained within the Notice. 6.5 The notice referred to in Section 6.3 and Section 6.4 shall include: (a) A statement that the By-law Enforcement Officer has reason to believe that the dog is a potentially dangerous or dangerous dog as the case may be; (b) The requirements that the owner must comply with in accordance with this By-law and when such requirements take effect; and (c) A statement that the owner may request, within three (3) working days of receipt of the By- law Enforcement Officer's notice, and is entitled to a hearing by a committee designated by the Council of the Corporation of the Municipality ofBayham, which may affirm or rescind the By-law Enforcement Officer's designation of the dog as potentially dangerous or dangerous, as the case may be, and which committee may substitute it's own designation, or if s own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a) to (d) and of a potentially dangerous dog pursuant to Section 6.4 (a) to (d). 6.6 Where the owner of a dog receives a notice from the By-law Enforcement Officer designating such dog as a potentially dangerous dog or as a dangerous dog so requests in writing to the Clerk of the Corporation, within three (3) working days of receipt of such notice, a committee of Council to be known as the "Dangerous Dog Appeal Committee", shall hold a hearing pursuant to the provisions of the Ontario Statulory Powers Procedure Act within fifteen (15) working days of the Clerk's receipt of the request for a hearing and sucll committee may: (a) Affirm or rescind the By-law Enforcement Officer's designation of the dog as a potentially dangerous dog or as a dangerous dog, as the case may be; (b) Substitute its own designation of the dog as potentially dangerous dog or as a dangerous dog, as the case may be; and/or (c) Substitute it's own requirements of the owner of a dangerous dog pursuant to Section 6.3 (a) to (d) and of a potentially dangerous dog pursuant to Section 6.4 (a) to (d). 6.7 The By-law Enforcement Officer may either on his/her own initiative or as a result of a complaint received by him/her from a resident of the Municipality of Bayham conduct an inquiry into whether a dog should be designated a potemially dangerous dog or a dangerous dog, as the case maybe. 6 .8 The requirement of Section 6.3 (c) and (d) and Section 6.4 (c) and (d) which may be imposed on a dog owner by the By-law Enforcement Officer pursuant to such Sections shall not be required until either the time for appeal under Section 6 .6 has elapsed without the dog owner requesting an 7 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 90 of 126 Dog Control By-law Municipality ofBayham appeal pursuant to that Section or the Dangerous Dog Appeal Committee has ordered such requirement, whichever occurs earlier. 6.9 An owner of a dog which has been designated a potentially dangerous dog or a dangerous dog pursuant to this By-law shall advise the By-law Enforcement Officer immediately if he/she transfers ownership of such dog to another person, changes the address at which such dog is kept or has the dog euthanized; and shall furnish the By-law Enforcement Officer with particulars of same and other information which may be reasonably requested by the By-law Enforcement Officer. 6.10 An owner of a dog, which has been designated a potentially dangerous dog or a dangerous dog pursuant to this By-law shall post and display a sign on the premises at the front entrance and in a conspicuous place on his/her property stating that there is a potentially dangerous dog or dangerous dog, as the case may be, on the premises. 6.11 Any notices served by the By-law Enforcement Officer or requests for hearings made by an owner pursuant to this By-law shall be provided by hand delivery or prepaid registered mail and in the event of service by prepaid registered mail, shall be deemed received on the fifth (5"') working day after the date of mailing. 7. IMPOUNDING: 7.1 The By-law Enforcement Officer shall, and any Police Officer may, seize and impound any dog found running at large contrary to this By-law. 7.2 Every dog seized by a Police Officer shall forthwith be delivered by the Police Officer to the By-law Enforcement Officer or Pound Keeper. 7.3 The Pound Keeper shall impound any dog seized by him or delivered to him by the By-law Enforcement Officer or a Police Officer. 7.4 The By-law Enforcement Officer may capture all dogs running at large contrary to this By-law and may take them to the animal's owner, if known; or at the By-law Enforcement Officer's discretion, to the pound for impounding by the Pound Keeper. 7.5 For the purpose of Section 7 of this By-law, the By-law Enforcement Officer and the Pound Keeper may enter onto any public property or may enter onto any private property and into the structures thereon with the consent of the owner or occupant. 7.6 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such animal within seventy two (72) hours from the time of impoumment, exclusive of the day of impoundment, statutory holidays and days during which the pound is otherwise closed, upon paying the Corporation the applicable fees prescn"bed, and any other damages, fines and expenses according to law. 7. 7 The owner of a dog that has been impounded shall upon, application to the Corporation, claim the dog before the Pound Keeper is entitled to dispose of the impounled dog according to the provisions of Section 7.10 of this By-law. 7.8 Where a dog is claimed from the By-law Enforcement Officer, the owner shall provide proof of ownership of said dog, as well as proof of payment for a current dog licence, and compensate the Corporation according to the fees set out in Appendix "A". 7.9 Where a dog is claimed from the Pound Keeper, the owner shall provide proof of ownership of the dog, as well as proof of payment for a current dog licence, and compensate the Corporation according to the fees set out in Appendix "A". 7.10 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this By-law, the Pound Keeper may retain the dog for such further time as he may consider proper and during that time the Pound Keeper may: (a) sell the dog for such price as he may consider proper; (b) euthanize the dog; (c) dispose of the dog in accordance with the Animals for Research Ac.t, R.S.O. 1990 and regulations appended to the said Act, as amended from time to time." 7.11 Where a dog that is captured or taken into custody is injured or in the opinion of the Pound Keeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Pound Keeper, or other trained person appointed by the Pound Keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog 8 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 91 of 126 Dog Control By-law Municipality ofBayham or without offering it for sale, and no compensation shall be recovered by the owner of the dog for said destruction. 7.12 (a) Where a dog is captured or taken into custody and the services of a veterinarian are secured by the Pound Keeper or Corporation, the owner shall pay to the Corporation all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this By-law, whether the dog is alive, dies or is euthanized. (b) Where a dog is captured or taken into custody and the owner is not identified, the Pound Keeper shall confirm the services of a veterinarian with the Corporation, and the Corporation shall pay to the Pound Keeper all fees and charges for authorized veterinarian services rendered. 7.13 No compensation, damages, fees or any other sum of money on account of or by reason of the impounding, euthanizing or other disposal of the impounded dog in the course of the administration and enforcement of this By-law shall be: (a) recovered by any owner or other person; or (b) paid by the By-law Enforcement Officer, the Corporation, or the Pound Keeper. 7.14 Every pound or other maintenance fee and licence fee that is unpaid in whole or in part is a debt due the Pound Keeper and the Corporation and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. 7 .1!5 Every pound fee expended by or on behalf of the Corporation under the authority of this By- law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner as municipal taxes. 7.16 No person shall forcibly retrieve a dog from the By-law Enforcement Officer or the Pound Keeper, or break and enter into a patrol vehicle or a live trap, or retrieve a dog, without payment in full of all fees and charges required to be paid under this By-law. 8. AD.MINISTRATION AND ENFORCEMENT: 8.1 Every person who contravenes any provision of this By-law is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act R.S. 0. 1990, c. P. 33 as amended. 8.2 Each day during which there is a breach of this By-law shall be regarded as a separate and distinct offence and any person, who continues in breach of this By-law, may be charged for each separate day during the continuation of the offence. 8.3 The By-law Enforcement Officer may commence a proceeding in Provincial Offences Court by filing a Certificate of Offence or Information in the manner prescribed under the Provincial Offences Act R.S.O. 1990, as amended. 8.4 The Court in which the conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other penalty imposed on the person convicted. 8.!5 It is declared notwithstanding that any section of this By-law or part thereof may be found by a court of competent jurisdiction to be invalid, unenforceable or ultra vires than such section shall conclusively be deemed to be servable and all other sections or parts of this By-law are separate and independent there from and enacted as such. 8.6 In this By-law, unless the contrary intention appears, words importing only singular number or masculine gender shall include more persons, parties or things of the same kind than one and the feminine or neuter gender. 8.7 Licences issued under the provisions of By-law #2001-94, as amended shall be deemed to have been issued under this By-law and will be valid until the licence is replaced or expires. 8.8 This By-law shall come into full force and effect upon final passing. 8.9 Upon passing of this By-law, By-laws 2001-94,2001-110,2003-093, 2007-049,2007-069 and 2007-115 are repealed. All or any other By-laws regulating the licensing, care and control of dogs are also repealed. 9 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 92 of 126 Dog Control By-law Municipality ofBayltam READ A FIRST AND SECOND TIME this day of , 2009. READ A TlHRD TIME AND PASSED this day of , 2009. aerk 10 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 93 of 126 Dog Control By-law Municipality ofBayham 1. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM By-law 2009-59 Being a By-law to Regulate and Control Dogs APPENDIX "A" FEE SCHEDULE Licence Fees: On or Before March 31: (a) (b) (c) (d) (e) (f) (g) (h) (i) For first dog For second dog For third dog Service or companion animal A Kennel for Purebred Dogs A Kennel for non-Purebred Dogs First Replacement Tag Additional Replacement Tag A dog harbored by an Approved Animal Rescue Facility for the first year, from the date of registration. Licence Fee Reductions: $22.00 $25.00 $30.00 $ 0.00 $100.00 $ 15.00/dog $ 0.00 $10.00 $ 0.00 After March31 $32.00 $35.00 $35.00 $ 0.00 $135.00 $ 25.00/dog $ 0.00 $10.00 $ 0.00 (a) The owner of a spayed or neutered dog shall receive a Five ($5.00) Dollar reduction per Dog Tag/Licence Fee, provided that at the time of the registration a Veterinary Certificate identifying the dog and confirming the operation is received. (b) A Five ($5.00) Dollar reduction per Dog Tag/Licence Fee will be granted to residents who purchase the Dog Tag/Licence directly from the Municipal Office on or before January 31". (c) A Five ($5.00) Dollar reduction per tag to new residents or new dog owners registering their dogs between October 1" and December 31". 2. Fees: Where the dog is released directly to the owner By the By-Law Enforcement Officer, Fees paid to the Corporation 3. Pound Fees: Where the dog is transported to the Pound, Fees paid to Corporation: First full day or part day in the pound Additional day or part day in pound 4. Euthanasia & Incineration: Per Dog 11 $100.00 $100.00 $15.00/day $75.00 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 94 of 126 Doa Control By-law Municipality ofBayham ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law #2009-059 Being a By-law to Regulate and Control Dogs COLUMNl: COLUMNl: COLUMN 3 : Set Sltort Form WordliiJ ProvWoa Cratiac Flae or DeflllfH Offatee Failure to register dog for licence. Section 3.1 $105.00 Failure to fix ~ securely_ on dog. Section 3.5 $ 55.00 Failure to renew dog tag for current year. Section 3.7 $105.00 Unlawfully transferred dog tag. Section3.9 $105.00 Failure to obtain kennel licence. Section4.1 $155.00 Failure to submit list of dog pw-chasers. Section4.4 $ 55.00 Failure to remove/dispose of dog excrement Section4.5 $105 .00 and soiled bedding from kennel. Permit dog to ron at large. Section 5.1 $105.00 Permit dog to trespass on private . Section 5.2 $105.00 Failure to restrain dog on leash. Section 5.3 $105.00 Restraining dog on leash exceeding 6 feet Section 5.4 $ 55.00 (1.8 metres) in length. Permit dog to attack/fight another dog or Section 5.5 $155 .00 animal. Failure to immunize dog against rabies. Section5.6 $105.00 Failure to provide certificate of Section 5.7 $105.00 immunization a~t rabies. Failure to forthwith remove/dispose of dog Section 5.8 $105.00 excrement. Keeping of more than two (2) dogs. Section 5.9(a) $105.00 Keeping of more than three (3) dogs. Section 5.9(b) $105.00 Allow dog to wtduly disturb peace of other Section 5.10 $105.00 individuals. Allow dog onto beach. Section 5.11 $105.00 Failure to provide sufficient shelter. Section 5.13 $105.00 Failure to restrain dangerous dog. Section6.1 $305 .00 Failure to restrain potentially dangerous Section 6.1 $305.00 dog. Failure to muzzle dangerous dog. Section6.2 $305.00 Failure to muzzle potentially dangerous Section6.2 $305.00 dog. Failure to restrain_dangerous dog on leash. Section 6.2 $305.00 Restraining dangerous dog on leash Section6.2 $305.00 exceeding 2 feet (0.6 metres) in length. Failure to restrain potentially dangerous dog Section 6.2 $305.00 on leash. Restraining potentially dangerous dog on Section 6.2 $305 .00 leash exceeding 2 feet (0.6 metres) in length. Failure to comply with conditions of Section 6.3 $305.00 Dangerous Dog Notice. Failure to comply with conditions of Section 6.4 $305 .00 Potentially Dangerous Dog Notice. Failure to notify of change of ownership of Section6.9 $105.00 dangerous dog. Failure to notify of change of ownership of Section 6.9 $105.00 potentially dangerous doR. Failure to Post Sign Section 6.10 $105 .00 Forcibly retrieved captured do2. Section 7.16 $155 .00 NOTE: The penalty provision for the offences indk:ated above i, Section 8.1 ofBy-law #2009-059, a certified copy of which By-law has been filed. 12 Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 95 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-XXX BEING A BY-LAW TO REGULATE, AND RESTRICT ANIMALS IN THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, 2001, as amended authorizes municipalities to pass by-laws regarding animals; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable to enact such a by-law; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: SHORT TITLE: This By-law may be cited as the ‘Animal Control By-law’ SECTION 1 - DEFINITIONS For the purpose of this By-law: 1.1 Animal shall mean a domestic animal that has been tamed and kept by humans and has through selective breeding, become notably different from its wild ancestors, and includes an animal derived from self-sustaining captive populations, and shall include but not be limited to a dog. 1.2 Animal Rescue Facility shall mean a premises approved by site specific zoning to operate a dog rescue and adoption program at a specific property within the Municipality. 1.3 Assisting Agency shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical expertise or service resources to an Officer. 1.4 Council shall mean the Council of the Corporation of the Municipality of Bayham. 1.5 Dangerous Dog shall mean any dog: i.that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a human being or has demonstrated the propensity, tendency or disposition to do so; or ii.that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a domestic animal requiring the services and treatment of a veterinarian or has demonstrated the propensity, tendency or disposition to do so. 1.4 Dog shall mean a male or female dog. 1.5 Dwelling Unit shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such occupants, with a private APPENDIX 'B' Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 96 of 126 entrance from outside the building or from a common hallway or stairway inside the building. 1.6 Enclosure shall mean an enclosed area of sufficient dimension and construction to provide humane shelter for an animal while preventing it from escaping and preventing the entry therein of supervised children. 1.7 Hamlet shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 1.8 Kennel shall mean a lot, building, structure or establishment in which four (4) or more dogs, are housed, boarded or bred, and which may offer provisions for minor medical treatment; and which premises shall require a site specific zoning designation to allow for the use of a kennel. 1.9 Mitigating Factor shall mean a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may include circumstances where: i. the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; ii. the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its owner, or iii. the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful trespass or other tort upon the premises occupied by the owner of keeper of the dog; iv. the dog was, at the time of the aggressive behaviour, being tormented. 1.10 Municipality shall mean the Corporation of the Municipality of Bayham. 1.11 Muzzle shall mean a humane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting. 1.12 Officer shall mean a Municipal Law Enforcement Officer of the Municipality of Bayham, a Police Officer or a person who is appointed by Council or designate, whose duties include the enforcement of this By-law and shall include the Municipal Animal Control Officer. 1.13 Owner shall include a person who keeps, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody of the minor. 1.14 Pound shall mean such premises and facilities designated by the Corporation of the Municipality of Bayham as the Municipal Dog Pound. 1.15 Pound Keeper shall mean a person or association appointed by the Corporation of the Municipality of Bayham to operate, maintain, and administer the Municipal Dog Pound. 1.16 Person shall include any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply. Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 97 of 126 1.17 Premises shall include the entire lot on which a dwelling may or may not be situated; or a dwelling unit within a multi-dwelling unit building, but does not include the common areas adjacent to a multi-dwelling unit unless those common areas are completely enclosed. 1.18 Restrained shall mean being kept inside a building or house or in an enclosure of sufficient dimension and strength to be humane and secure so as to prevent an animal from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the animal, or invitee of the owner, and includes keeping such animal securely on a leash of not more than two (2) meters in length when outside of such building, house or enclosure. 1.19 Running at large shall mean to be found in any place other than the premises of the owner and not under the physical control of any person by means of a leash. 1.20 Service Animal shall mean an animal used for a person with a disability: i. If it is a guide animal as defined in Section 1 of the Blind Persons Rights’ Act; ii. If it is readily apparent that the animal is used by the person for reason relating to his disability; or iii. If the person provides a letter from a physician or nurse confirming that the person requires the animal for reason relating to the disability. (Accessibility for Ontarian with Disabilities Act, 2005 – O. Reg. 429/7 ss4(8) & (9) 1.21 Village shall mean those urban areas designated as villages within the Official Plan of the Municipality of Bayham, passed on July 5, 2001 and amended from time to time. SECTION 2 – GENERAL PROVISIONS 2.1 No person shall keep more than two (2) dogs in any one dwelling unit or on any premises within a hamlet or village. 2.2 No person shall keep more than three (3) dogs in any one dwelling unit or on any premises in all other areas of the Municipality, unless otherwise designated as a kennel. 2.3 Every person having control of an animal shall forthwith remove and sanitarily dispose of excrement left by the animal anywhere in the Municipality including on any highway, public park, or public area. 2.4 No person who owns, possesses or is in care and control of an animal shall permit an animal, of which that person is the owner, to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent. 2.5 No person who owns, possesses or is in care and control of an animal shall allow or permit an animal, of which that person is the owner, to run at large or fail to prohibit the animal from running at large, on any private property without the consent of the person apparently in possession or having ownership of the property or in a public place. 2.6 No person who owns, possesses or is in care and control of any animal shall permit said animal to enter upon the Municipal East Beach in Port Burwell at any time. 2.7 Any person who owns, harbours or possesses any animal shall not permit the animal to Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 98 of 126 i. threaten, bite or attack any person; ii. threaten, bite or attack any animal; or iii. damage public or private property. 2.8 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensure that the dog is re-immunized against rabies by the date specified in the certificate of immunization issued. i. At the request of an Officer, the owner of person having the care and custody of a dog shall provide a valid certificate verifying that said dog has been vaccinated against rabies. 2.9 All persons may privately initiate proceedings under the Dog Owners' Liability Act, R.S.O. 1990, which empowers individual residents, without municipal involvement, to rectify civil canine control issues. SECTION 3 - DANGEROUS DOGS 3.1 The decision to designate a dog a dangerous dog shall be at the sole absolute and unfettered discretion of an Officer following an investigation of an incident. 3.2 An Officer shall provide written notice to the owner of the dangerous dog outlining the required actions to be completed within a specified time period. i. Any such notice served by an Officer shall be provided by hand delivery or prepaid registered mail, and in the event of service by prepaid registered mail, shall be deemed received on the fifth (5th) working day after the date of mailing. ii. No person shall fail to comply with Section 3.2 of this by-law within the specified notice period. iii. After a dog is designated as a dangerous dog by an Officer, no owner shall fail to comply with the provisions of the dangerous dog designation as outlined within Section 3.3 of this By-law. 3.3 When a dangerous dog is off its owner's property the owner shall: i. ensure the dog is securely muzzled in a humane manner at all times; ii. ensure the dog is on a leash not longer than one (1) meter; and iii. ensure the dog is under the control of a person over the age of eighteen. 3.4 When a dangerous dog is on its owner's property the owner shall ensure the dog is securely confined within an enclosure that meets the following standards: i. shall be suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog. ii. must have minimum dimensions of two (2) meters and must have secure sides and secure top. iii. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty (30) centimeters deep. iv. The enclosure shall also provide protection from the elements for the dog. v. The enclosure shall not be within three (3) meters of the property line or within three (3) meters of a neighbouring dwelling unit. 3.5 An owner of a dangerous dog shall obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 99 of 126 liability coverage in an amount of not less than One Million ($1,000,000) Dollars for any damage or injury caused by such dangerous dog and provide the Municipality a certificate of such policy and each subsequent renewal thereof, such policy shall contain a provision requiring the insurer to immediately notify the Municipality should the policy expire, be cancelled or be terminated for any reason. 3.6 An owner of a dog which has been designated a dangerous dog pursuant to this by-law shall advise the Municipality immediately if he transfers ownership of such dog to another person, changes the address at which such dog is kept or has the dog euthanized, and shall furnish the Municipality with the particulars of the same and any other information which may be reasonably requested by the an Officer. 3.7 An Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By-law are being complied with. 3.8 An Officer shall have the power to seize and impound any animal found within the Municipality contrary to the provisions of this By-law. 3.9 An Officer exercising the power to inspect, seize or impound pursuant to Section 3.7 and Section 3.8 of this by-law may be accompanied by an assisting agency acting under his direction. 3.10 All Dangerous Dogs designations shall be subject to the necessary provisions of the Statutory Powers Act. SECTION 4 - LICENSING 4.1 No person, who is residing temporarily or permanently, in the Municipality shall own, keep, possess or harbour a dog unless a license has been issued under this By-law. 4.2 Every license issued by the Municipality shall expire on the thirty-first day of December of the year for which it is issued and shall be renewable yearly. 4.3 All dogs shall be registered and license fees paid for on or before March 31st in each year or within fourteen (14) days from the date of which such dog is acquired, or is harboured or possessed by an owner within the Municipality. 4.4 The Municipality shall keep a record including the following dog license registration information: i. name, address, and telephone of dog owner; ii. serial number of tag; iii. date of registration; iv. description of dog including gender, color, breed, and name; v. amount of fee paid upon registration. 4.5 When the dog is not on the dog owner’s premises, the tag shall be fixed securely on the dog for which it was issued at all times until such time as the tag is renewed or replaced. 4.6 Where a tag has been lost, one replacement tag shall be issued at no cost upon receipt of proof that the current year’s license fee has been paid. Where second or subsequent tags Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 100 of 126 have been lost, an application shall be made to the Municipality for a replacement tag and the replacement tag fee shall be paid. 4.7 No person shall transfer a license or tag issued by the Municipality from owner to another, or from one dog to another. 4.8 The license fees to be paid to the Municipality shall be as set out in Schedule "A" of this by- law and shall be reflected in the Municipal Rates & Fees By-law. SECTION 5 - KENNELS - ANIMAL RESCUE FACILITY 5.1 No person shall keep a dog kennel or animal rescue facility within the Municipality unless that use is permitted in the Municipal Zoning By-law through a site specific amendment unless existing prior to the effective date of Zoning By-law No. Z456-2003. 5.2 Every person shall obtain a kennel license from the Corporation before operating a kennel. 5.3 All applications for kennel licenses shall be accompanied by the following information: i. Name and address of kennel owner; ii. Type of breed of dogs housed, boarded, bred or raised; iii. Location of kennel; iv. Proof of approved site specific zoning to provide for kennel use for said location; v. Applicable fee. 5.4 The Municipality shall authorize, through site specific zoning, a person to operate an Animal Rescue Facility where such person has demonstrated he is operating a dog rescue and adoption program in good faith, a rescue program for a specific dog breed recognized by the Animal Pedigree Act (Canada), or a dog rescue and adoption program as a not-for-profit corporation and is registered with a recognized animal welfare organization and provides the Municipality a letter of reference signed by their primary veterinarian confirmed that he provides medical care for the animals in his rescue and adoption program. 5.5 The Municipality may renew the authority issued under Section 5.4 for a person to continue to operate an Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted, who adopted the dog, address of the new owner and date the dog was adopted, and demonstrated he will continue to the meet the requirements under Section 5 of this by- law. 5.6 The person approved to operate an Animal Rescue Facility shall not be required to pay a license fee pursuant to the By-law for the first year, from the date of registration, a dog is harboured by or in possession of the approved Animal Rescue Facility and where the dog is harboured by or in the possession of the approved Animal Rescue Facility for the purpose of rescue and adoption. 5.7 Despite Section 5.6 where a person approved to operate an Animal Rescue Facility harbours or possesses a dog for the purpose of rescue and adoption for more than one year, from the date of registration, the person shall pay a license fee for such dog. SECTION 6 - IMPOUNDING Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 101 of 126 6.1 An Officer may seize and impound any dog found running at large contrary to the provisions of this Bylaw. 6.2 Every dog seized by an Officer shall be forthwith delivered to the Pound Keeper. 6.3 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog with 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays, and days during which the pound is otherwise closed, upon paying the Municipality the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law. 6.4 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound Keeper may retain the dog for such further time as he may consider proper and during that time the Pound Keeper may: i. sell the dog for such price as he may consider proper; ii. euthanize the dog; iii. dispose of the dog in accordance with the Animals for Research Act. 6.5 Where a dog that is captured or taken into custody is injured or in the opinion of the Pound Keeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Officer or other trained person appointed by the Pound Keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale. 6.6 In the opinion of an Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, an Officer may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction. 6.7 Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound Keeper, the owner shall pay to the Municipality all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this By- law, whether the dog is alive, dies or is euthanized. 6.8 Every pound fee or other maintenance fee and license fee that is unpaid in whole or in part is a debt due to the Municipality and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. 6.9 Every pound fee or other maintenance fee and license fee expended by or on behalf of the Municipality under the authority of the By-law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner a municipal taxes. 6.11 Where a dog is claimed from the Pound keeper, the owner shall provide proof of ownership of the dog, as well as proof of payment for a current dog license, and pay the Municipality the applicable maintenance fees prescribed, and any other damages, fines and expenses according to law prior to release of the dog. SECTION 7 - EXEMPTIONS 7.1 This by-law shall not apply to: Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 102 of 126 i. an animal hospital, clinic or kennel, lawfully operated for the exclusive purpose of treating sick or injured animals, and supervised by a veterinarian who is a registered member of the Ontario Veterinary Association. ii. the Ontario Society for the Prevention of Cruelty to Animals. iii. animals maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority. iv. Service animals v. animals maintained at a research facility registered under the Animals for Research Act. vi. Cats as the Municipality does not license cats and therefore ownership cannot accurately be determined. SECTION 8 - ADMINISTRATION AND ENFORCEMENT 8.1 Unless otherwise indicated, the administration of this By-law shall be assigned by Council to an Officer who may delegate the performance of his functions under this By-law from time to time as occasion requires. 8.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 8.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. SECTION 9 - PENALTIES 9.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. SECTION 10 - TRANSITION 10.1 Every license issued pursuant to By-law #2009-59, as amended, shall be deemed to be a license issued under this by-law and every such license shall continue to be valid until its normal date of expiry. 10.2 Every act taken pursuant to the predecessor to this by-law shall, as necessary, be deemed to have been taken pursuant to this by-law and every such act may be carried to its conclusion pursuant to the authority granted by this by-law. 10.3 If an act has been validly commenced pursuant to the predecessor to this by-law and authority for such act does not exist pursuant to this by-law then such act may be continued to its conclusion and the portions of the predecessor to this by-law necessary to permit such act to be concluded shall be deemed to remain in effect for the purposes of bringing such act to a conclusion. SECTION 11 - REPEAL-ENACTMENT Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 103 of 126 11.1 By-law No. 2009-059, as amended by By-law No. 2009-136 and By-law No. 2013-045 shall be repealed in its entirety upon the passing of this by-law. 11.2 This By-law shall come into full force and effect on the date of its passing by Council. READ a FIRST, SECOND and THIRD TIME and finally passed this XXth day of XXXXXXX, XXXX. ___________________________ PAUL ENS MAYOR __________________________ LYNDA MILLARD CLERK Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 104 of 126 The Corporation of the Municipality of Bayham Schedule ‘A’ BY-LAW NO. 2015-XXX Schedule of License Fees Before March 31 After March 31 Licence Fee First Dog $30.00 $50.00 Second Dog $35.00 $50.00 Third Dog $40.00 $50.00 Service Animal* No Charge N/A Kennel Fee $125.00 $150.00 Set Fee Impound Fees Actual Costs + 25% Administration Fee Replacement Tag First Tag $0.00 Any Tag Thereafter $15.00 Discount Spay/Neuter** $5.00 Early Payment*** $5.00 *Service Animal’ shall include: a. A ‘guide dog’, as defined in Section 1 of the Blind Persons Rights’ Act; or b. an animal used by a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or the person provides a letter from a physician or nurse practitioner confirming that the person requires the animal for reasons relating to the disability. (as per customer service standard) c. As defined within legislation **Spay& Neuter Discount provided upon receipt of veterinary documentation *** If paid prior to January 31. Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 105 of 126 REQUEST FOR PROPOSALS CANINE CONTROL – POUNDKEEPER SERVICES RFP 15-03 Proposals must be submitted on this form, sealed in an envelope clearly marked RFP 15-03 Canine Control – Pound Keeper Services, not later than 11:00 A.M. Friday, November 13, 2015. ISSUE DATE: Monday, October 19, 2015 CLOSING DATE: Friday, November 13, 2015 CLOSING TIME: 11:00:00 A.M., local time LOCATION: Municipality of Bayham 9344 Plank Road Straffordville, ON, Attention: Manager of Municipal Law Enforcement LATE SUBMISSIONS WILL NOT BE ACCEPTED APPENDIX 'C' Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 106 of 126 REQUEST FOR QUOTATION Executive Summary The Municipality of Bayham is a lower tier municipality in the eastern portion of the County of Elgin. The Municipality of Bayham was established on January 1, 1998 through amalgamation of the former Township of Bayham and the former villages of Port Burwell and Vienna. Information and Questions Questions regarding this request for proposal should be directed to Brenda Gibbons, Clerk’s Assistant by using one of the following methods: Email: bgibbons@bayham.on.ca Telephone: 519-866-5521 Special Provisions – Instructions Sealed Proposals clearly marked "RFP 15-03 Canine Control – Pound Keeper Services" will be received until 1 1:00 am Friday November 13, 2015. Proposals received after the appointed time for the closing of Proposals will be rejected. Blank Form of Tender One copy of the Proposal, on forms provided shall be submitted. All information requested shall be shown in the Proposal, in the space provided. Right to Accept or Reject Tender The Municipality of Bayham reserves the right to accept or reject any or all proposals. The Municipality also reserves the right to accept or reject any part of a proposal, should it be deemed to be in their best interest to do so. Proposals, which are incomplete, conditional or obscure, or which contain additions not called for, erasures, alterations or irregularities of any kind, may be rejected as informal. The lowest or any Proposal will not necessarily be accepted. Price Variation No escalator clause of any kind will be considered. Proposal Term The term of the agreement shall be three (3) years with two additional (1) year municipal renewal options. Proposal Work The Contractor shall provide Canine Control – Pound Keeper Services in accordance with the Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 107 of 126 draft agreement attached hereto. All highlights of the agreement are as follows: Services to be provided from 8:30 AM – 7 PM daily, excluding statutory holidays in accordance with the Municipal Animal Control By-law in force and effect. The Contractor may present a proposal with legal kennel housing and euthanasia options, to be arranged by the Contractor, as follows: a. At a legal facility owned by the contractor; or b. At a local facility which the Contractor has a contractual relationship with. Insurance The successful bidder will supply the Municipality with $2 million dollars in liability insurance naming the Municipality of Bayham additionally insured and the appropriate WSIB insurance. Appendix 4.1 must be signed and returned with the tender submission or the tender will be rejected. Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 108 of 126 FORM OF TENDER CANINE CONTROL – POUND KEEPER SERVICES FEES Service: Fee: 1. Monthly Retainer Fee (If Applicable) $____________________________ 2. Fee Per Dispatch as authorized by Municipal Staff $____________________________ 3. Containment Fee per animal per day $____________________________ to a maximum of three days 4. Rate to Provide Patrol (if requested) $_______per hour, plus municipal rate allowed per kilometer 5. Quarantine (if requested) $_______for pick up of animal plus/day for the duration of the quarantine (10 days from the date of the incident) plus veterinary service costs, if any. 6. Court Appearance Fee $__________per hour, plus municipal rate allowed per kilometer Please attach any supporting information on the services, including a contract for kennel services, should the Contractor not be provided a Kennel at its own facilities RESPONDENT’S NAME AND TITLE SIGNATURE DATE Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 109 of 126 Appendix 4.1 CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM The Contractor(s):________________________________________________________ The Municipality of Bayham is committed to: i. The prevention of workplace injury and illness to all workers at Municipal locations. ii. The belief that contractor safety is compatible with the safety policy of the Municipality and is good business. iii. Assuming a leadership role by citing contractors for any violations of the contract. iv. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. v. For long term contracts, or contracts involving pre-selected contractors, the Township reserves the right to cancel (or place on probation) the contract of any contractor who is charged and/or convicted of offences under the Occupational Health and Safety Act while carrying out any part of a project with the Municipality. Contractor’s Statement of Responsibility: As a contractor retained to perform work for the Municipality of Bayham, I/we accept the following health and safety responsibilities: i. I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies and procedures, department and site specific policies and procedures and all applicable legislation or regulations. ii. I/we will work safely with skill and care so as to prevent accidental injury to ourselves, fellow employees and all other persons on the site of work. iii. For contracts or sub-contracts that involve commercial motor vehicles as defined by the Highway Traffic Act, I/we acknowledge possession of a current Carrier CVOR abstract with one of the following safety ratings: Excellent; Satisfactory; Conditional, or Satisfactory-Unaudited. iv. I/we will advise the Municipality if the CVOR safety rating of our firm is changed to ''Unsatisfactory" at any time during the course of the contract and, upon request, will provide the Municipality with a copy of the most recent Carrier CVOR abstract indicating the sanctions imposed by the Ministry of Transportation. Contractor Name of Person Signing for Contractor Signature of Contractor Date Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 110 of 126 THIS AGREEMENT made in duplicate this XX day of XXXXXXXX, 2015 . BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the “Municipality” of the First Part - AND - XXXXXXXXXXXXX Hereinafter called “Contractor” of the Second Part WHEREAS the Council of the Corporation of the Municipality of Bayham desires to provide Canine Control Services for the residents of the Municipality of Bayham; AND WHEREAS the Contractor has agreed to supply the services of Canine Control and Pound Keeper for the Municipality of Bayham; NOW THEREFORE this Agreement witnesseth that in consideration of the mutual covenants herein contained, the parties agree with each other as follows: Section 1 - Canine Control Services 1.1 The Contractor shall provide the services of Canine Control Officer and Pound Keeper within the geographic limits of the Municipality of Bayham and agrees to pick up stray dogs. 1.2 The Contractor shall provide a vehicle suitably equipped to pick up such stray dogs. The vehicles shall be maintained in a safe and clean condition. 1.3 The Contractor shall expressly understand that at no time shall the said vehicle become the property of the Municipality and that the responsibility for its operation, fuel, maintenance, license and insurance shall rest solely with the Contractor. The Contractor shall agree to indemnify and save harmless the Municipality from any and all claims arising out of or in connection with the use of the said vehicle. 1.4 The Contractor shall agree to answer all telephone complaints authorized by Municipal Staff as quickly as possible and to carry out patrols within the Municipality, if requested. 1.5 The Contractor agrees to respond to Municipal Staff requests for the pick up of confined dogs during the hours of 8:30 a.m. to 7:00 p.m. daily, excluding statutory holidays. The term “confined” shall mean, “kept restricted within certain limits” such as but not limited to the dog being kept or restricted to the interior of a building or fenced in area. 1.6 The Contractor agrees to respond to humane requests for the pick up of dogs at large that are deemed vicious, injured and/or ill, when requested by Municipal staff. Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 111 of 126 Section 2 - Pound Facilities 2.1 The Contractor shall provide and maintain a pound facility, as owner of or through a contractual arrangement, to serve the Municipality. Such facility shall be kept in good order and state of cleanliness at all times in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. 2.2 The Contractor shall ensure that pound facility and all dogs impounded shall be kept clean, well cared for, fed and watered during the time of confinement. 2.3 Sick or Injured Dogs: (a) The Contractor shall ensure that all sick or injured dogs will receive immediate medical attention by certified veterinary staff. If, in the opinion of the medical staff, any dog is too severely injured or diseased and medical care will only prolong the suffering of the dog, the dog shall be humanely euthanized by a certified veterinarian and properly disposed of. (b) Every attempt shall be made by the Contractor to contact the owner of any such dog before such action is taken. The Contractor shall charge any and all veterinary service expenses to the Municipality. (c) The Contractor shall be reimbursed by the Municipality for all veterinary service expenses authorized by Municipal staff. 2.4 The Contractor shall keep a record of all dogs impounded and their disposition, which shall be submitted to the Municipality within ten (10) days following the end of each month. 2.5 The Contractor shall ensure that all dogs impounded shall be kept for a minimum of three (3) days, excluding holidays and the day on which the dog was impounded. Any dog kept longer than the minimum shall be at the discretion and expense of the Contractor. 2.6 The Contractor shall attempt to contact the owner of any dog as quickly as possible. 2.7 When The Contractor quarantines an animal under the authority of the Elgin County Medical Officer of Health and Municipal staff, the Municipality shall pay the costs of the quarantine. 2.8 The Contractor shall display contact phone numbers and office hours at the pound facility in a place that is accessible to the public at all times. 2.9 The Municipality of Bayham shall recover such pound fees to cover the cost of pick up and boarding as contained within Bayham’s, together with any and all veterinary services, if applicable. 2.10 In the case of a quarantine period required by law, the Municipality shall recover all fees from dog owners, including boarding fees and veterinary expenses, if applicable. 2.11 The Contractor agrees that any dogs impounded shall not be released to the owner or other person until confirmation is received from the Municipality that impoundment fees have been paid to the Municipality and that a current tag has been purchased from the Municipality. 2.12 The Contractor agrees that any dog not claimed by the owner shall become the property of the Contractor and may be adopted, gifted, sold or humanely euthanized and Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 112 of 126 properly disposed of, in accordance with the Animals for Research Act, R.S.O. 1990, Chapter A.22, as amended and any Regulations thereof. Section 3 – General Provisions 3.1 The Contractor shall maintain and pay for Comprehensive General Liability Insurance, including coverage for all operations as Canine Control Officer and Pound Keeper. This insurance coverage shall be subject to limits of not less than two million ($2,000,000.00) dollars, inclusive per occurrence for third party bodily injury and property damage. The coverage shall include the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 3.2 The Contractor shall agree to fulfill all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 3.3 The Contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with this Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. Section 4 - Administration 4.1 The Municipality shall by appropriate By-law appoint the Contractor as Canine Control Officer and Pound Keeper for the Municipality of Bayham, effective immediately and to hold office during such time as the Agreement is in full force and effect. 4.2 The Municipality shall, in return for the Contractor providing canine control and pound facility services, pay to the Contractor upon submission of monthly reports and invoices, the fees according to Schedule “A” attached hereto. 4.3 This Agreement shall take effect on the XXX day of XXXXX, 2015 and shall remain effect for a period of three (3) years with two additional (1) year municipal renewal options. 4.4 It is understood by the parties hereto that there will be no adjustment in fees paid by the Municipality during the full term of this Agreement 4.5 The Municipality or the Contractor may terminate this Agreement upon forty-five (45) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the forty-fifth day following the date of the mailing. 4.6 Any notice required to be given under this Agreement must be in writing and in the case of the Municipality, to: The Clerk, The Municipality of Bayham 9344 Plank Road, PO Box 160, Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 113 of 126 Straffordville Ontario N0J 1Y0; and in the case of the Contractor to: XXXX XXXX XXXX XXXX 4.7 That every covenant, proviso and agreement herein contained shall ensure to the benefit of and be binding upon the parties hereto and their heirs, executors, administrators, successors, and assigns, and that all covenants herein contained shall be construed as being joint and several and that when the context so requires or permits, the singular number shall be read as if the plural were expressed and the masculine gender as if the feminine or neuter, as the case may be, were expressed. IN WITNESS WHEREOF the parties have duly executed this Agreement this 17th day of September, 2015. Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2015-XXX ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Mayor ) ) _____________________________ ) Clerk ) WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this XXXX day of XXXXXXXX, 2015. In the presence of ) ) ) _______________________ ) ______________________________ Witness: ) ) ) Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 114 of 126 CANINE CONTROL SERVICES AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND SCHEDULE “A” FEES FOR ADDITIONAL SERVICES Service: Fee: 1. Monthly Retainer Fee (If Applicable) $ 2. Fee Per Dispatch as authorized by Municipal Staff $ 3. Containment Fee per animal per day $ to a maximum of three days 4. Rate to Provide Patrol (if requested) $ per hour, plus municipal rate allowed per kilometer 5. Quarantine (if requested) $ for pick up of animal plus/day for the duration of the quarantine (10 days from the date of the incident) plus veterinary service costs, if any. 6. Court Appearance Fee $ per hour, plus municipal rate allowed per kilometer 7. Reimbursement of authorized Veterinary Costs associated with unidentified injured/ill Dogs (if requested). Report CAO-76/15 by Paul Shipway, CAO re Animal Control Serv...Page 115 of 126 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 15, 2015 REPORT: CAO-81/15 SUBJECT: VIENNA COMMUNITY CENTRE BACKGROUND 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. On August 6, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-54/15 re Vienna Community Centre Tender Results be deferred to the September 3, 2015 Council meeting. On September 3, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolutions: 1) THAT Report CAO-54/15 be tabled for further discussion. 2) THAT Report CAO-54/15 be lifted from the table. 3) THAT staff be directed to return the $50,000 grant from the Enabling Accessibility Fund for the Vienna Community Centre to Human Resources and Skills Development Canada. 4) THAT Report CAO-54/15 re Vienna Community Centre Tender Results be received for information; AND THAT By-law 2015-088 being a by-law to enter into a construction agreement with Grassmere Construction Ltd. be received for information. Staff were subsequently provided direction by Council to meet with the Municipal Engineer, Spriets Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Ce...Page 116 of 126 Associates, and bring back costing to complete various repairs including cement work at the Community Centre. The estimates provided by Grassmere Construction Ltd. the low bidder on the previous issued tender is attached hereto as Appendix ‘A’. The Vienna Community Centre Reserve currently contains approximately $85,809 RECOMMENDATION 1.THAT Report CAO-81/15 re Vienna Community Centre be received for information; 2.AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAO Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Ce...Page 117 of 126 Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Ce...Page 118 of 126 Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Ce...Page 119 of 126 Report CAO-81/15 by Paul Shipway, CAO re Vienna Community Ce...Page 120 of 126 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 15, 2015 REPORT: CAO-82/15 SUBJECT: RIDGETOWN COLLEGE BACKGROUND On October 1, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the email correspondence dated September 24/15 from Kirsty Moore, University of Guelph, Ridgetown Campus requesting a reduced rate for use of the Vienna Community Centre for courses held between 7:45 a.m. and 5:30 p.m. to be scheduled in 2016 be deferred to October 15, 2015 pending receipt of further information. DISCUSSION Staff have been advised the intent of the University of Guelph is to initially schedule two half-day courses in a day, between 7:45 am and 5:30 pm, being potentially once a month, through January – April, (4 months) with expectations to possibly go on similarly until August (3 months). In the chart below are various daily fee rate options, for Council consideration, for use of the upstairs & bar area as requested. The first three examples are current approved rates. The rest are variations in between the resident and the non-resident rates. Even though the renter is a non-resident, they have sometimes been given the resident rate as it is considered a valuable service to the local persons. To not overbook or conflict with other renters, the applicant would need to review each date proposed, for availability, with the Manager prior to approval of the contract. Rental Fee Options Days Cleaning Fee Resident Rate Non-Resident Rate Option A Option B Option C Option D Option E January - April 4 $75 $200 $250 $100 $125 $150 $175 $225 Sub-Total 4 $300 $800 $1,000 $400 $500 $600 $700 $900 May - July 3 $75 $200 $250 $100 $125 $150 $175 $225 Sub-Total 3 $225 $600 $750 $300 $375 $450 $525 $675 Total 7 $525 $1,400 $1,750 $700 $875 $1,050 $1,225 $1,575 HST is applicable to all fees at 13% Report CA0-82/15 by Paul Shipway, CAO re Ridgetown College Page 121 of 126 RECOMMENDATION 1.THAT Report CAO-82/15 re Ridgetown College be received for information; 2.AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAO Report CA0-82/15 by Paul Shipway, CAO re Ridgetown College Page 122 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-109 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH FROESE EXCAVATING INC. FOR THE PROVISION OF DRAINAGE WORKS FOR THE STEWART DRAIN NO. 1 IN THE MUNICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTER D.17, R.S.O. 1990 AS AMENDED. WHEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Stewart Municipal Drain No. 1 based on and in accordance with the terms and conditions of the tender accepted; AND WHEREAS the Corporation of the Municipality of Bayham (the “Municipality”) desires to enter into an agreement with Froese Excavating Ltd. for construction of the tile portion of the Stewart Municipal Drain No. 1 in accordance with the Contract as prepared by Spriet Associates; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Municipality enter into and execute an agreement with Froese Excavating Ltd. for construction of the tile portion of the Stewart Municipal Drain No. 1 in accordance with the Contract attached hereto as Schedule “A” and forming part of this By-Law; 2. THAT the Mayor and the Clerk of the Municipality are hereby authorized and directed on behalf of the Municipality to execute all documents as may be required to give effect to these presents. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF OCTOBER, 2015. _____________________________ Mayor _____________________________ Clerk By-Law 2015-109 Being a By-law to authorize the Mayor and Cl...Page 123 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-110 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AGREEMENT WITH EXTREME DRILLING INC. FOR THE PROVISION OF DRAINAGE WORKS FOR THE STEWART MUNICIPAL DRAIN NO. 1 IN THE MUNICIPALITY OF BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTER D.17, R.S.O. 1990 AS AMENDED. WHEREAS the Council of the Municipality of Bayham deems it expedient to authorize the Mayor and Clerk to enter into and execute a contract on behalf of the Municipality, for the provision of drainage works of the Stewart Municipal Drain No. 1 based on and in accordance with the terms and conditions of the tender accepted; AND WHEREAS the Corporation of the Municipality of Bayham (the “Municipality”) desires to enter into an agreement with Extreme Drilling Inc. for construction of the directional drilling portion of the Stewart Municipal Drain No. 1 in accordance with the Contract as prepared by Spriet Associates; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. THAT the Municipality enter into and execute an agreement with Extreme Drilling Inc. for construction of the directional drilling portion of the Stewart Municipal Drain No 1 in accordance with the Contract attached hereto as Schedule “A” and forming part of this By-Law; 2. THAT the Mayor and the Clerk of the Municipality are hereby authorized and directed on behalf of the Municipality to execute all documents as may be required to give effect to these presents. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF OCTOBER, 2015. _____________________________ Mayor _____________________________ Clerk By-Law 2015-110 Being a By-law to authorize the Mayor and Cl...Page 124 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015- 111 BEING A BY-LAW TO STOP UP AND CLOSE PART OF THE UNOPENED ROAD ALLOWANCE IN THE HAMLET OF EDEN, MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PART 3 ON REGISTERED PLAN 11R-3391 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law that portion of the unopened road allowance of the Municipality of Bayham, formerly Township of Bayham, in the County of Elgin, designated as Part 3 Registered Plan 11R-3391 be and is hereby stopped up and closed. 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11). 3. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST AND SECOND TIME this 15th day of October 2015. READ A THIRD TIME AND FINALLY PASSED this 15th day of October 2015. ________________________________ _____________________________ MAYOR CLERK By-Law 2015-111 Being a By-law to stop up and close part of ...Page 125 of 126 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015 – 112 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD OCTOBER 15, 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 regular meeting held October 15, 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 15th day of October, 2015. ____________________________ _____________________________ MAYOR CLERK By-Law 2015-112 Being a By-law to confirm all actions of Cou...Page 126 of 126