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HomeMy WebLinkAboutDecember 17, 2015 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 17, 2015 7:00 p.m. PUBLIC MEETING - Planning/Zoning 7:30 p.m. 1.CALLTO ORDER 2.DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.REVIEW OF ITEMS NOT LISTED ON AGENDA 4.ANNOUNCEMENTS 5.DELEGATIONS 6.ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A.Regular meeting of Council held December 3, 2015 7.MOTIONS AND NOTICE OF MOTION 8.RECREATION, CUSTURE, TOURISM AND EDONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9.PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10.DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A.Notice of Public Meeting re Wells Proposed Zoning By-Law Amendment B.Notice of Public Meeting re Country View Estates (Peters) Draft Plan of Subdivision 10.1.2 Requiring Action A.Elgin-St. Thomas Healthy Communities Partnership re Outdoor Ice Rinks 10.2 Reports to Council A.Report DS-73/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Application E122/15 2015 Council Agenda December 17, 2015 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Energy re the Energy Statute Law Amendment Act, 2015 (Bill 135) B. Capstone Power Development re Update on the IESO’s Large Renewable Procurement 1 (LRP I) and the Erie Shores Wind Farm 2 proposal C. MSC E-Letter D. United Way News Letter E. Long Point Region Conservation Authority Board of Directors Minutes of meeting held November 4, 2015 F. Ontario Energy Board notice to NRG customers G. Township of Montague re Bill 100, Supporting Ontario Trails Act H. 2016 Budget Open House Notice 11.1.2 Requiring Action A. Otter Valley Naturalists request B. Harbourfront Committee Resolution for Council Consideration C. Elgin County resolution re property tax assessment appeal process D. Long Point Region Conservation Authority re 2016 Draft LPRCA Budget 11.2 Reports to Council A. Report CAO-89/15 by Paul Shipway, CAO re 2016 Insurance Renewal B. Report CAO-90/15 by Paul Shipway, CAO re Bill 8 – Accountability & Transparency Act C. Report CAO-91/15 by Paul Shipway, CAO re Renewable Energy D. Report CAO-92/15 by Paul Shipway, CAO re Community Energy Plan – FCM Milestones Framework E. Report CAO-93/15 by Paul Shipway, CAO re Winter Operations Plan – Level of Service 12. BY-LAWS A. By-Law 2015-123 Being a By-law to establish a Policy Respecting Municipal Closed Meeting Investigations B. By-Law 2015-125 Being a By-law to repeal By-law 2009-047 establishing a policy for Winter Control for the Municipality of Bayham C. By-Law 2015-126 Being a By-law to assume and establish lands in the Municipality of Bayham as part of the Open Public Highway System (Creek Road) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 2015 Council Agenda December 17, 2015 14.1 In Camera A. Confidential Item regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Ojibwa) B. Confidential item regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Edison Museum) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A By-Law 2015-127 Being a By-law to confirm all actions of Council 16 ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 3, 2015 7:00 p.m. The regular meeting of the Council of the Municipality of Bayham was held on Thursday, December 3, 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's Assistant Brenda Gibbons. Chief Building Official/Drainage Superintendent Bill Knifton was in attendance to present his report. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS (a) Deputy Mayor Southwick commented on the Warden’s Annual Dinner held November 27 and offered congratulations to Warden Ens. (b) Mayor Ens advised the following events: Straffordville tree lighting in the Straffordville parkette Friday December 5 at 6:00 p.m. Port Burwell Santa Claus Parade Saturday December 5 at 6:00 p.m. Straffordville Santa Claus Parade Saturday December 12 at 10:30 a.m. 5. DELEGATIONS (a) 7:05 p.m. - Amanda Froese, Project Manager Meritech Engineering re Municipality of Bayham Storm Sewers Project Manager from Meritech Engineering Amanda Froese, who the municipality contacted to conduct an assessment of the storm sewer system, presented the findings, noting deficiencies in the system along with recommendations outlined in the report. Page 1 of 7 Council Minutes December 03, 2015 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the delegation of Amanda Froese, Project, Manager Meritech Engineering re Municipality of Bayham Storm Sewers be received for information; AND THAT Council direct Meritech Engineering to proceed with a Class EA for the provision of the design of a storm sewer system and determination of an outlet to Big Otter Creek for Port Burwell as per budget. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held November 19, 2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the minutes of the regular meeting held November 19, 2015 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION (a) Motion re Eden Community Centre THAT the Council of the Corporation of the Municipality of Bayham direct staff to list the Eden Community Centre, described as Part 1, RP 11R-9920, for sale with the Municipal Realtor; AND THAT the sale have a sixty (60) day closing period Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council of the Corporation of the Municipality of Bayham direct staff to list the Eden Community Centre, described as Part 1, RP 11R-9920, for sale with the Municipal Realtor; AND THAT the sale have a sixty (60) day closing period. CARRIED 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL Page 2 of 7 Council Minutes December 03, 2015 9. PHYSICAL SERVICES - EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Committee of Adjustment Certified Notice of Decision re A-07/15 Barry and Sandra Keep (b) Committee of Adjustment Certified Notice of Decision A-08/15 Jacob and Margaretha Neufeld (c) Notice of Application and Notice of Public Meeting re Proposed Draft Plan of Subdivision A & E Peters Country View Estates Phase 2 (d) Notice of Public Meeting re proposed zoning by-law amendment Wells Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT correspondence items 10.1.1 (a) - (d) be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report DS-71/15 by Bill Knifton, Chief Building Official/Drainage Superintendent re Baynor Road Drain. Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-71/15 regarding the Baynor Road Drain be received for information; THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #213376 dated November 19, 2015 for the Baynor Road Drain, as prepared by Spriet Associates, and filed with the Clerk on November 23, 2015; THAT Council set a date for the Public Meeting to he held on January 7, 2016 at 8:00 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, in accordance with the Drainage Act. CARRIED Page 3 of 7 Council Minutes December 03, 2015 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Rose Gardner, Chair of Straffordville Community Committee re Straffordville Community Centre (b) Municipality of Neebing re Consultation on the Police Services Act (c) Township of Champlain re Review of the new OPP billing model (d) Jeff Yurek, MPP Elgin-Middlesex-London re Municipality of Bayham Expression of Interest, Ontario Community Infrastructure Fund Bayham Water System Health & Safety Repairs (e) Museums Bayham minutes of meeting held November 11, 2015 (f) Joint Cemetery Board draft minutes of meeting held November 24, 2015 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the Council of the Municpality of Bayham support the resolution passed by the Municipality of Neebing regarding Consultation on the Police Services Act. CARRIED Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence items 11.1.1 (a), (c), (d) (e) and (f) be received for information. CARRIED 1.2 REQUIRING ACTION (a) AMO Policy Update re AMO and UQM to Collaborate on Climate Action Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT AMO Policy Update re AMO and UQM to Collaborate on Climate Action be received; AND THAT correspondence be forwarded to Premier Wynne advising that the Municipality of Bayham supports the collaboration on climate action of the AMO and UQM and is calling on the provincial government to work in partnership with local governments and:  give municipalities adequate, stable and long-term funding resources to invest in greenhouse gas reduction initiatives in our communities such as public transit and active transportation, public and private building energy efficiency; water conservation, planning development and other programs; Page 4 of 7 Council Minutes December 03, 2015  recognize municipal projects that reduce greenhouse gases for offset credits in Cap and Trade programs;  provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep our economies and communities functioning and productive;  and provide tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation projects. CARRIED (b) Memo re Doors Open East Elgin Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Memo re Doors Open East Elgin be received; THAT the Municipality of Bayham take a lead role in the "2016 Doors Open" activities, subject to participation confirmation by the Township of Malahide and the Town of Aylmer; THAT Paul Ens be appointed as the Bayham Council representative; THAT Bayham's $565 share of the registration fee be allocated to the 2016 Tourism and Marketing account; AND THAT Bayham staff be directed to take the necessary steps to organize the event. CARRIED 2. REPORTS TO COUNCIL (a) Report CAO-87/15 by Paul Shipway, CAO re RFT 15-07 Bridge Washing Tender Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-87/15 re RFT 15-07 Bridge Washing Tender be received for information; AND THAT staff be directed to bring forward By-law No. 2015-120 to enter into an agreement with 1564242 Ontario Ltd. o/a Can Sweep for Council consideration. CARRIED (b) Report CAO-88/15 by Paul Shipway, CAO re RFP 15-03 Canine Control - Poundkeeper Services Moved by: Councillor Casier Seconded by: Councillor Breyer Page 5 of 7 Council Minutes December 03, 2015 THAT Report CAO-88/15 re RFP 15-03 Canine Control - Poundkeeper Services be received for information; AND THAT staff be directed to bring forward By-law 2015-121, being a by-law to enter into an agreement with Hillside Kennels Animal Control for Canine Control- Poundkeeper Services for Council consideration; AND THAT staff be directed to send correspondence, including 'letter of thanks' to Bayham K9 Control ending the current month by month contract effective January 3, 2016. CARRIED 12. BY-LAWS (a) By-Law 2015-120 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and 1564242 Ontario Ltd. o/a Can Sweep for provision of Bridge Washing Services (b) By-Law 2015-121 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Hillside Kennels Animal Control Ltd. for the provision of Canine Control/Pound Keeper Services Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT By-Laws 2015-120 and 2015-121 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None. 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-122 Being a By-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT confirming By-Law 2015-122 be read a first, second and third time and finally passed. CARRIED Page 6 of 7 Council Minutes December 03, 2015 16. ADJOURNMENT (a) Adjournment Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 7:55 p.m. CARRIED CLERK MAYOR Page 7 of 7 http://excellence.frankcowan.com www.frankcowan.com Risk Management Considerations for Outdoor Skating Rinks A 35-year-old woman was skating at a local outdoor skating rink when she fell because her skate got caught in a crack in the ice surface. She broke her leg in three places and required surgery in order to repair one of the breaks. The City was held responsible, as it had been negligent in inspecting and maintaining the ice rink. Background Information Outdoor skating rinks are a popular fixture in most municipalities during the Canadian winter. However, the presence of outdoor skating rinks can lead to an increase in liability if they are not properly designed and maintained. Your organization has a duty, as an occupier, to keep the property in a safe condition to accommodate its intended purpose. Managing the Risk A) Building the Outdoor Rink Surface conditions • Outdoor ice rinks should be constructed on surfaces that are flat and free from mounds, heaves, or other irregularities. • The surface must also be free of stones and other debris and grass should be cut as short as possible. • With hard surfaces, such as pavement or concrete, a pre-flooding inspection should take place to identify and repair any cracks or holes and to remove any debris. • With surfaces such as grass, an inspection should take place to remove any sticks or other debris and a plastic sheet should be placed down prior to flooding, both to hold the water and protect the grass. • Shovel snow off the rink after every snowfall to ensure safe, even surface conditions. Equipment: • Lighting - there should be ample lighting around the rink and it should also be ensured that rink lighting is in working order for night skates. • Benches must be provided for users to rest and to put on/take off their skates. • Waste receptacles also should be available so that garbage isn’t left on the ice. • Flooding equipment – ensure that proper flooding equipment is readily available and safely stored on site. This would include hoses, shovels and an ice blade for scraping edges and bumps. • Ice Resurfacing Machines – if you choose to use an ice resurfacer, you need to ensure that there is enough ice to support its weight. Its dry weight is 7,000 pounds and its weight filled with water is 8,700 pounds. If the ice resurfacer is driven over gravel, bits of gravel may be transferred to the outside ice surface, as well as arena ice surfaces. Flooding • Flood as often as necessary in order to maintain a smooth, safe ice surface. • Don’t flood the ice surface if it is snowing or if there is snow on the ice surface, as it can result in an uneven and potentially harmful surface when it freezes. • Always perform a pre-flooding inspection of the ice any remove and debris or snow prior to flooding. • Apply light sprays of water, pre-flush water supply systems to release any build-up and ensure adequate pressure. • Don’t flood on extremely cold days (minus 20 degrees Celsius and below). Flooding in colder temperatures causes ice to crack and boil, resulting in unsafe skating conditions. Ice Thickness and Conditions • Outdoor ice rink thickness is recommended at 2 to 2.5 inches. • Any thickness less than this has the potential to thaw more quickly. Rink Boards: • Rink boards serve to outline the skating surface and in the case of hockey, keep the players and the puck in and the spectators out. • They can also be used to divide the ice into hockey areas and public skate areas. • Board all rinks intended for hockey – this helps to ensure the puck stays on the ice, reducing the risk of it hitting a bystander or public skater. • Rink boards should be installed properly without protruding stakes or other materials. Risk Management Centre of EXCELLENCE http://excellence.frankcowan.com www.frankcowan.com • If boards have fallen down, repair them immediately or remove them. B) Hazards of Outdoor Rinks: • All hazards found during inspection should be repaired immediately. • Rinks should be closed as soon as the hazard is found and remain closed until repairs are completed. • Common hazards consist of: • Cracks. • Frost boils. • Exposed ground. • Chopped up ice surface. • Ice shavings. C) Maintenance and Inspections of Outdoor Rinks • It is recommended that inspections of outdoor ice rinks be made twice a day to ensure the ice remains safe for use. • Inspections should be documented, including any repairs or maintenance done or maintenance that should be completed. • Hazards such as cracked ice, frost boils, exposed ground, or chopped up surface should be repaired immediately and the rink should be posted as closed until the repairs are completed. • Ice shavings pose a risk to children as they can be tempted to eat them or play in them. Shavings can contain bodily fluids and so it should be posted at the rink that they may be unsafe. Rink workers and maintenance staff should remove shavings as soon as possible and should also be informed of this danger. • Trucks should not be used in the maintenance of the rink or for plowing snow. Vehicles bring debris onto the ice surface such as sand or salt, which can cause melting of sections of ice. Vehicles can also drip oil, gas, anti-freeze, etc. on the surface, creating hazards. Also, having a large vehicle on the ice surface near children is very dangerous, as the truck can’t stop quickly or safely if a child were to go on the ice while it was plowing. D) Conflicting Uses – Hockey vs. Public Skating • Hockey playing and public skating should not be allowed to take place at the same time at one rink. • Designating certain rinks as hockey rinks or designating certain times as public skates can reduce this risk. • Providing supervision at public skates can also help ensure that hockey games or other dangerous behaviour does not take place. E) Volunteers: • Volunteers can help to ensure that rink conditions remain safe by supervising skates or conducting inspections and maintenance operations. • Volunteers should be trained by municipal staff in the correct ways to perform their duties. • The same municipal documents should be used for inspections performed, or incident reports. • All documentation should be filed with the Municipality. F) Signage: • Signs should be posted around the rink including information such as: • Hours of operation. • Rules of conduct. • Open or closed for skating. • Alcohol prohibited. • Helmets are strongly recommended. • Children should be supervised. • Location of nearest telephone – 911 is a FREE call. • Municipal contact number – be sure to acknowledge all calls so that people continue to call in and report problems. • Any other warnings. Skating on Natural Bodies of Water: Skating on natural bodies of water requires an additional set of guidelines in order to ensure safety. A) Ice Thickness: • 3 inches - stay off. • 4 inches - ice fishing, walking, x-country skiing. • 5 inches - 1 snowmobile or ATV. • 8-12 inches - 1 car or small pick-up. • 12-15 inches - medium truck pick up or van. B) Testing the Ice: • The colour of the ice can tell you about its thickness. • Blue ice is the strongest. • White/opaque ice contains a high air content, which weakens the ice. • Grey ice is the least safe. It may contain water from thawing and is not good load bearing. • Persons testing the ice should be roped together. • Test holes should be made with an auger. • If there is water between the layers of ice, only the top level of ice should be measured. • Have an ice rescue plan in place. Risk Management Centre of EXCELLENCE http://excellence.frankcowan.com www.frankcowan.com C) Inspections: • Regular inspections need to be made of the ice thickness. • Inspections need to take place whenever there is a significant rise in the temperature and should be inspected for thickness daily when the temperature is above minus 5 degrees Celsius. • DOCUMENT all inspections and tests that are conducted and file them. D) Signage: • Signs should indicate the condition of the ice, such as “Thin Ice! DO NOT skate!”. • Do NOT use the phrase “Skate at your risk” – this implies that skating may still take place. E) Worker Safety: • Worker safety is of the greatest importance when testing the ice. • Workers should wear floatation devices or floatation suits when testing the ice. • Have in place an ice rescue plan in the event that a worker falls through the ice. • Ensure that any stormwater management ponds in your municipality are NOT used for ice skating. • Place barriers around the ponds to prevent public access – use fencing or “unfriendly” vegetation as a natural barrier. • Post signs that read “RESTRICTED AREA – DO NOT ENTER” or “UNSAFE CONDITIONS – WATER CONTAINS TOXINS”. Risk Management Centre of EXCELLENCE Frank Cowan Company Limited regularly researches and writes about issues that could affect our clients. These documents provide an opinion on key risk management issues but are not meant to provide any form of legal opinion or official interpretation. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. All rights reserved. ©2012 Frank Cowan Company Limited. http://excellence.frankcowan.com www.frankcowan.com Risk Management Considerations for Documentation No one can predict if a claim will occur. It is nearly impossible to know the timing and circumstances that may surround a claim. But what we can predict with certainty is that if a claim does occur and a legal action for recovery of damages is initiated, we will need to prepare a defence. If a claim goes to court, the main body of evidence in any proceeding is based upon the documents. The defendant must present documentation to prove that the standard of care was met. The plaintiff must challenge the veracity of the documents. Accurate, timely and thorough record keeping is therefore crucial to a successful defence. Unfortunately, record keeping is often neglected. For many people, documenting that a procedure has been completed is low on their totem pole of responsibilities. In a busy workplace, there are more pressing demands. Usually, at the top of the totem pole is completing the procedure. So for the most part, the documentation is dropped, partially completed or left on the “to do” list. The result is incomplete records. It’s difficult, if not sometimes impossible, to prove that the standard of care was met when the documentation presented is sketchy, partially completed or not presented because it does not exist. No one likes to do the paperwork. Perhaps that is because employees don’t fully understand why they should. After all, they completed the procedure so why do they have to record what they just did? The answer may be to fully explain to employees the reasons behind the paperwork and the significance of how the documents can help “down the road”. For one thing, documentation is evidence that the organization is committed to protecting public safety and meeting its duty of care. It provides evidence that: 1. Standardized policies or procedures exist and were followed. 2. Regular inspections were conducted and necessary maintenance performed. Secondly, employees may not be able to remember exactly what they did on a particular day a year or more in the past. Over time memories fade and employees leave. Written records are always there. Incidents are a fact of life. They are unfortunate, but they do not necessarily mean that the entity is negligent or liable for the damages. Each and every incident must be assessed on its own merits. Documentation is a crucial element in the assessment. Providing completed documentation in a timely manner ensures that your defence counsel can prove that you met the required standard of care. Risk Management Centre of EXCELLENCE Frank Cowan Company Limited regularly researches and writes about issues that could affect our clients. These documents provide an opinion on key risk management issues but are not meant to provide any form of legal opinion or official interpretation. No one should act on such information without appropriate professional advice after a thorough examination of the particular situation. All rights reserved. ©2012 Frank Cowan Company Limited. Ministry of Energy Office of the Minister 4th Floor, Hearst Block 900 Bay Street Toronto ON M7A 2E1 Tel.: 416-327-6758 Fax: 416-327-6754 Ministère de l’Énergie Bureau du ministre 4e étage, édifice Hearst 900, rue Bay Toronto ON M7A 2E1 Tél. : 416 327-6758 Téléc. : 416 327-6754 December 4, 2015 His Worship Paul Ens Mayor Municipality of Bayham pens@bayham.on.ca Dear Mayor Ens: Our government recognizes that sound, prudent long-term energy planning is essential to a clean, reliable and affordable energy future. On October 28, 2015 our government introduced legislation, the Energy Statute Law Amendment Act, 2015 (Bill 135) that, if passed, would replace the current Integrated Power System Plan (IPSP) process with an enhanced Long-Term Energy Plan (LTEP) process that is transparent, efficient and responsive to changing policy and system needs. I am writing today to provide an outline of this proposed process. Bill 135 would establish a long-term planning framework that builds on the robust process used to develop Ontario’s 2013 LTEP, of which you were an integral part. This LTEP process is designed to balance the principles of cost-effectiveness, reliability, clean energy, community and Aboriginal engagement, as well as conservation and demand management. The proposed LTEP process would start with the Independent Electricity System Operator (IESO) submitting to the Ministry a technical report setting out the current state of the electricity system, including the adequacy and reliability of the province’s resources. This report would be made available to the public ahead of the LTEP consultation to provide stakeholders with a clear and comprehensive understanding of the province’s supply and demand situation ahead of public consultations. Following the IESO’s technical report, the Ministry would conduct extensive consultations with the public, stakeholders and Aboriginal communities in a variety of forums and mediums. This mandatory consultation stage would ensure that all interested members of the public, industry stakeholders, and Aboriginal communities are afforded the opportunity to provide input into the planning process. The Ministry and its agencies would then be responsible for preparing the LTEP, based on the data provided by the IESO and feedback received through the consultations. The LTEP would include specific goals and objectives for Ontario’s energy system and would require Cabinet approval before it is issued to the public. Once the LTEP is finalized, the IESO and the OEB would develop their respective implementation plans, outlining frameworks on how best to implement the LTEP’s goals and objectives – this could include proposed procurements, programs and policies, as appropriate. In support of Open Government, Open Dialogue and Open Data, Bill 135 would require publication of the LTEP and other key information used in its development on a Government of Ontario website. Finally, Bill 135 proposes a change to transmission planning and procurement. The legislation would empower the IESO to competitively procure transmission or competitively select transmitters. The proposed planning process would provide an opportunity for stakeholders to play a critical role in the development of the LTEP through participation in the consultation and engagement process. Enclosed for your reference, please find a briefing deck with additional detail on the proposed process. Sincerely, Bob Chiarelli Minister Enclosure c: Serge Imbrogno, Deputy Minister, Ministry of Energy Matthew Whittington, Senior Policy Advisor, Minister of Energy’s Office Electricity Statute Law Amendment Act, 2015 (Schedule 2) Amendments to the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 2015 2 Overview – Energy System Planning & Transmission •On October 28, 2015, the Minister of Energy introduced the Energy Statute Law Amendment Act, 2015 (Bill 135). •Bill 135 would amend the Electricity Act, 1998 and the Ontario Energy Board Act, 1998 to replace the current electricity planning process, known as the Integrated Power System Plan (IPSP) process with a Long Term Energy Plan (LTEP) process and to empower the Independent Electricity System Operator (IESO) to undertake competitive selection or procurement processes for electricity transmission projects when appropriate. •The proposed legislation would enshrine this LTEP process to ensure that energy planning is done transparently and pragmatically and that future LTEPs are developed consistent with the principles of cost-effectiveness, reliability, clean energy, community and Aboriginal engagement, and emphasis on conservation and demand management. 3 Summary of Proposed LTEP Framework The Long Term Energy Planning process proposed in Bill 135 would include the following elements. Technical Report Create LTEP Cabinet Approval Implementation Plans Implement LTEP Development •Consultations with public and stakeholders in the development of the LTEP through meetings, public sessions and online. Implementation Plans •Implementation plans developed by Independent Electricity System Operator and the Ontario Energy Board Procurements and Programs •Independent Electricity System Operator and the Ontario Energy Board implement based on approved implementation plans. Minister’s Approval 4 Support for Open Government •Consistent with the Open Government initiative, when developing the LTEP, a significant level of consultation would be required with relevant stakeholders, consumers and First Nation and Métis communities. •The Minister would be obligated to consider feedback received during the consultations in developing the LTEP. •To ensure that the public and stakeholders are able to participate in the consultation process, the proposed legislation would require consultation to occur in a number of different manners, including: •Posting notice of consultations and relevant information on the Environmental Registry (e.g. LTEP discussion document); •Scheduling in person consultation sessions; and •Using online and other consultation tools. •To support the government’s Open Data initiative, the proposed legislation would require the following documents be made available to the public: •The IESO’s technical document; •The LTEP; and •Key information such as data and cost projections used in the development of the LTEP. 5 LTEP Development Technical Report by the Independent Electricity System Operator •As the first step in the LTEP process, the Minister of Energy would request that the Independent Electricity System Operator develop and submit a technical report setting out the current status of the electricity system, including the adequacy and reliability of electricity resources. •The technical report would create a starting point for the development of the LTEP in order to guide the consultation process. •The report would be available to the public ahead of consultations. Creation of LTEP and Cabinet Approval •The Ministry of Energy leads the creation of the LTEP that would set out the government's goals and objectives with respect to specified matters. •Consistent with the government’s Open Government initiative, a significant level of consultation would be required with relevant stakeholders, consumers and First Nation and Métis communities and the Minister would be required to consider feedback received during the consultations when developing the LTEP. •The LTEP would be subject to Cabinet approval and posted on the Ministry of Energy’s website. 6 LTEP Implementation Lieutenant Governor in Council (LGIC) Approved Implementation Directives •To ensure that the government's goals and expectations outlined in the LTEP are implemented, the proposed legislation includes authority for directives, approved by the Lieutenant Governor in Council, to be sent to the Independent Electricity System Operator and the Ontario Energy Board setting out the government’s requirements for implementation and directing each agency to develop respective implementation plans. Implementation Plans •The proposed legislation includes roles for both the Independent Electricity System Operator and the Ontario Energy Board to ensure implementation of the objectives set out in the LTEP. •Upon receiving an implementation directive, the two agencies would develop respective implementation plans outlining frameworks on how best to implement the government’s objectives and requirements. 7 LTEP Programs and Procurements Implementation •Once implementation plans are approved by the Minister of Energy, the Independent Electricity System Operator and the Ontario Energy Board would move forward with procurements and the development of programs or policies as identified in their implementation plans. Minister’s Direction Making Authority •The Minister would be authorized to issue directions to the Independent Electricity System Operator on the following matters: –Implementing procedures for consulting aboriginal peoples or other persons on the planning, development or procurement of electricity supply, capacity and transmission or distribution systems; –Establishing programs or funding to facilitate the participation and engagement of aboriginal peoples or other persons in the electricity sector; and –Undertaking reviews and providing information and reports to the Minister. 8 Transmission: Planning and Procurement •The proposed legislation would enable the Independent Electricity System Operator, where directed, to competitively procure transmission and enter into a contract or alternatively to competitively select a transmitter that would then apply to the Ontario Energy Board for cost recovery through rates. •This would require the Independent Electricity System Operator to develop and implement procurement processes for transmission projects as part of its LTEP implementation plan, for Minister approval. •The proposed legislation would also amend the Ontario Energy Board Act, 1998 to: –Expand the Minister’s authority, subject to Cabinet approval, to direct the Ontario Energy Board with respect to transmission systems, including designating transmitters through licence amendments. –Ensure that only those transmitters selected through an Independent Electricity System Operator selection process could apply to the Ontario Energy Board for leave to construct the project; and –Allow the Ontario Energy Board to determine if a hearing for a leave to construct application is required where a transmitter has been selected as part of an Independent Electricity System Operator-led competitive procurement process. December 3, 2015 Via email (pshipway@bayham.on.ca) Mayor, Members of Council, and CAO c/o Paul Shipway, CAO Municipality of Bayham 9344 Plank Rd. Straffordville, ON N0J 1Y0 RE: Update on the IESO’s Large Renewable Procurement I (LRP I) and the Erie Shores Wind Farm 2 proposal Your Worship, Members of Council, and Mr. Shipway: I wanted to take the opportunity to thank you and your counterparts at Malahide for the support and timely cooperation required to back our proposed Erie Shores expansion to enable Capstone to submit a bid which met the rated criteria set out under the LRP I rules. As the owner-operator of one of the first wind farms to be built in the province, we are proud of our strong track record and integration within the community over the past nine years of operations. The local support and positive relationships with our stakeholders is enjoyed not only by our operations team and management, but also the project development team as we engage with stakeholders in the communities in which we are developing projects. By way of update, we made a submission into the IESO’s LRP I on September 1 for a 70-megawatt proposal. According to the IESO’s news update following the bid deadline, 103 proposals were submitted in into the LRP I, 26 of which were for wind energy projects proposed across the province. The IESO had intended to award contracts by end of December 2015; however, due to a large volume of submissions across the various generation types (including wind, solar, waterpower, and biomass), the contract award deadline was recently pushed out to March 2016. Should we be successful in winning an LRP I contract, we would commence the environmental assessment and stakeholder consultation process which is a multi-year process following the prescribed Renewable Energy Approval regulations. As a host municipality, your participation is important, and we would would provide further details at such time that this process is initiated. We wish everyone at the Municipality of Bayham a happy holiday season, and look forward to news from the IESO in the New Year. Sincerely, David Eva, P.Eng, M.Eng, CFA Vice President For the first time, an emoji (tears of joy) has been selected as Oxford Dictionary ’s ‘word of the year.’ It provides a fitting symbol for MSC as 2015 comes to a close. There is much to be thankful for: Clients who have taught us so much. Colleagues who enrich our lives (from new staff like E.D. Geoff to staff who do those extras like H&S, volunteer & other training). Volunteers who provide the foundation for so much of MSC’s daily operation. Partners who generate new ideas, help deliver services and support the agency’s community work. Donors and funders who have financed new initiatives, continue to support ongoing programming and still find time to do extras like ensure some of our clients have a good Christmas (special thanks to Goodwill). Thank you and Merry Christmas! What’s Happening - keep checking the MSC website for details & updates  Dec. 1: Giving Tuesday. Launch of MSC Donor Campaign. 5 p.m., Livingston Centre. Call x 270 to attend. #GivingTuesdayCa  Dec. 4: MSC Elf Yourself Christmas Feast. Details on website.  Dec. 5: International Volunteer Day. Thank you volunteers!  Dec 10: Livingston Centre Xmas. Details at x 246.  Dec. 16: Home Support Xmas Lunch for Volunteers. x 232 or x 357.  Ongoing: MSC Employment Services offer regularly scheduled programming. Lunch & Learn sessions also regularly scheduled. Program/Agency News & Info: Adult Literacy & Essential Skills (ALES)  Thank you to students who were involved in the revision of the Customer Service Charter & enhancement of the Student Satisfaction Survey.  Thank you to tutors for annual Volunteer Tutor Satisfaction Survey data. The highest rated item: “volunteers are welcomed and treated as valuable members of the organization” (94%). Employment Services (ES) – connect with Resource Centre reps at x 291 for info  Thank you to Youth Job Connection participants for their feedback regarding the new workshops, commenting on their improved confidence, communication skills & camaraderie.  Thank you to Employers for feedback like this: “we have had really good staff come from your program. Many thanks and keep them coming.” Home Support (HS)  Thank you to clients for feedback leading to new offerings like frozen meals from Apetito. These meals come with a full ingredient list, cooking instructions & nutritional info. Call x 357 for more!  Thank you to partners for many things, including collaboration in service delivery (like TDMH in foot care) and participation in the recent Partner Focus Groups for the accreditation site visit. MSC Administration/Operations  Staying On PACE: MSC invests much time in training, like the recent Mental Health 101 sessions provided by CMHA for Community Workers, the Boundaries & Self Care sessions provided by WACHC for Volunteer tutors & monthly refreshers like Slips, Trips & Falls prevention. Special thanks to E.D. Geoff for this timely nugget focused on “helping seniors cope: http://www.rightathome.net/nassau-suffolk/blog/helping-seniors-cope-with-feelings-of-isolation/ 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  Thx to Interac and PayPal. Details at http://www.multiservicecentre.com/giving/ Volunteering  Dear Social Committee & H&S team members: THANK YOU for making holidays and training fun (all year long!). It is noticed and appreciated. Our Team likes this – sing this while you’re using hand sanitizer (thx to HS Mgr. Diana for the tip)  https://www.youtube.com/watch?v=eQ34DSTjsLQ  An early Christmas present (something helpful for the flu, cold & holiday season) will be provided to the first 15 people who can email for what holiday this song was written 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: 27/11/15 mcv MSC E-Letter December 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 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - November 4, 2015 (as approved at the Board of Directors Meeting held December 2, 2015) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and Tom Southwick Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, L. Minshall and D. McLachlan Absent: Robert Chambers, Craig Grice and John Scholten The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, November 4th, 2015 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS As follow-up, the GM noted that Black Creek has not yet been gated but the posts for the gate have been installed. MOTION A-136/15 moved: R. Geysens seconded: L. Bartlett THAT the minutes of the LPRCA Board of Directors Regular Meeting held October 7th, 2015 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - CORRESPONDENCE Member Bartlett invited further input from the Board regarding the Conservation Authorities Act Review letter sent by Haldimand County. MOTION A-137/15 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors receives the correspondence as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved eight applications since the last meeting in September: LPRCA- 132/15, LPRCA-133/15, LPRCA-134/15, LPRCA-135/15, LPRCA-136/15, LPRCA- 140/15, LPRCA-141/15 and LPRCA-142/15. Further detail was provided on LP- 93/15 and LP-103/15. Staff explained that a roof replacement within a regulated area is included in the current regulations. MOTION A-138/15 moved: D. Hayes seconded: T. Southwick That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED b) New Applications The Planning Department sought approval for two applications. Staff was requested to provide further detail on LPRCA-143/15. MOTION A-139/15 moved: R. Geysens seconded: N. Haydt THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-138/15 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3 - LPRCA-143/15 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW There are no events scheduled this month. On November 23rd, staff will be participating in the second Eco-System Stresses Workshops held at Backus Heritage Conservation Area. The first workshop identified the top ten stressors for Long Point and this follow-up workshop includes the same 30 to 40 agencies that will be identifying steps that can be taken to reduce these stressors. Tomorrow it will be announced that the Minister of Environment and Climate Change has approved the Long Point Region Source Protection Plan. MOTION A-140/15 moved: N. Haydt seconded: D. Hayes THAT the LPRCA Board of Directors receives the November Calendar of Events Report as information. CARRIED b) GENERAL MANAGER’S REPORT The GM will be participating in an ALUS meeting tomorrow to discuss the expansion of the ALUS program across Elgin County. He is hoping an ad for a full-time Elgin County ALUS Coordinator will be released soon. The GM met with staff from the Ministry of Environment and Climate Change to discuss Source Water Protection implementation funding. MOTION A-141/15 moved: D. Hayes seconded: N. Haydt THAT the LPRCA Board of Directors receives the General Manager’s Report for October 2015 as information. CARRIED c) VITTORIA DAM SAFETY REPORT Staff introduced Soheil Kashi, Senior Water Resources Engineer, AECOM who FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4 - presented AECOM’s findings regarding the Vittoria Dam Safety Review. The findings concluded that the overall Hazard Potential was classified as high based on the Loss of Life & Environmental Damage downstream. Mr. Kashi reviewed AECOM’s recommendations and the next steps required in the process, including a Class Environmental Assessment (EA) to determine the best course of action. Staff will review the option of removing stop logs at this time to reduce stress on the dam. MOTION A-142/15 moved: N. Haydt seconded: R. Geysens THAT the Dam Safety Review – Vittoria Dam, prepared by AECOM and dated November, 2015 be received as information. CARRIED d) ELGIN COUNTYSHORELINE MANAGEMENT PLAN LPRCA along with three other conservation authorities, the County of Elgin and their shoreline municipalities collaborated on the Elgin County Shoreline Management Plan. The objective of the Plan is to protect life and property. The report states that erosion is unstoppable but steps can be taken to slow it down. The draft report has been vetted through the Technical Advisory Committee, the County of Elgin, the shoreline municipalities and MNRF. Once the Plan has been approved by each of the Elgin County conservation authority boards, the Shoreline Management Plan will be forwarded to Elgin County Council for approval and incorporation into the County’s Official Plan. MOTION A-143/15 moved: N. Haydt seconded: R. Geysens THAT the Elgin County Shoreline Management Final Report be adopted by the Long Point Region Conservation Authority, and THAT the Elgin County Shoreline Management Plan be incorporated into the Long Point Region Conservation Authority’s own policies for administration of the Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation, Ontario Regulation 178/06 as it relates to Elgin County, and THAT the Elgin County Shoreline Management Plan be sent to the County of Elgin for adoption. CARRIED e) TIMBER TENDER – DAWES/CHAMBERS/TONTSCH TRACT Staff recommended accepting the highest bid received from L. Pilkey who has completed LPRCA timber operations in the past. The bid was well within the reserve. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5 - Staff was asked how the FSC certification was affecting timber tenders. A report will be brought to the Board early next year. MOTION A-144/15 moved: D. Brunton seconded: N. Haydt THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey for marked standing timber at the Dawes/Chambers/Tontsch Tract for a total tendered price of $155,800.00. CARRIED MOTION A-145/15 moved: D. Brunton seconded: D. Beres That the LPRCA Board of Directors does now enter into an “In Camera” session to discuss: personal matters about an identifiable individual, including Conservation Authority employees; CARRIED MOTION A-146/15 moved: R Geysens seconded: T. Southwick That the LPRCA Board of Directors does now adjourn from the “In Camera” session. CARRIED MOTION A-147/15 moved: D. seconded: D. Brunton THAT the LPRCA Board of Directors approves the GM’s verbal update regarding a personnel matter as information. CARRIED The Chair adjourned the meeting at 8:20pm. _____________________________ ________________________________ Michael Columbus Dana McLachlan Chair Administrative Assistant ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF NATURAL RESOURCE GAS LIMITED Natural Resource Gas Limited has requested an order from the Ontario Energy Board requiring Union Gas Limited to provide Natural Resource Gas Limited with additional gas distribution services. Learn more. Have your say. Natural Resource Gas Limited has requested an order from the Ontario Energy Board requiring Union Gas Limited to: • provide Natural Resource Gas Limited with additional gas distribution services • conduct a system integrity study to determine Union Gas Limited’s ability to supply natural gas to Natural Resource Gas Limited’s franchise area in the long-term THE ONTARIO ENERGY BOARD IS HOLDING A PUBLIC HEARING The Ontario Energy Board (OEB) will hold a public hearing to consider the application filed by NRG. We will question NRG on the case. We will also hear arguments from individuals and from groups that represent the customers of NRG. At the end of this hearing, the OEB will make a determination on the requests of NRG. The OEB is an independent and impartial public agency. We make decisions that serve the public interest. Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost. BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this application and to be involved in the process. • You can review the application filed by Natural Resource Gas on the OEB’s website now. • You can file a letter with your comments, which will be considered during the hearing. • You can become an active participant (called an intervenor). Apply by December 21, 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-2015-0308. 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 select the file number EB-2015-0308 from the list on the OEB website: www.ontarioenergyboard.ca/notice. You can also phone our Consumer Relations Centre at 1- 877632-2727 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 December 21, 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 hearing will be held under section 42 of the Ontario Energy Board Act, 1998, S.O. 1998 c.15 (Schedule B). Corporation of the Municipality of Bayham 2016 BUDGET OPEN HOUSE Thursday January 7, 2016 6:00PM-7:00PM The Municipality of Bayham is hosting a 2016 Budget Open House on Thursday January 7, 2016 from 6:00 PM – 7:00 PM at the Council Chambers located at 9344, Plank Rd, Straffordville, ON. During 2015 the Municipality conducted public consultations on the 2016 Capital and Operating Budget and passed the Capital Budget in principle. The 2016 Budget Open House will provide an informal, unstructured forum for the public to speak to individual members of the Council of the Corporation of the Municipality of Bayham and senior municipal staff about the 2016 Budget. Council and staff look forward to meeting and speaking individually with the Community for the 2016 Budget Open House. 2016 Budget Open House Thursday January 7, 2016 6:00PM-7:00PM 9344 Plank Rd Straffordville, ON ADVISORY BOARD & COMMITTEE RESOLUTION Date: December 17, 2015 To: Mayor & Members of Council From: Harbourfront Committee At the December 8, 2015 meeting of the Harbourfront Committee the following resolution was passed for Council consideration: The Harbourfront Committee (HFC) has been struck to provide advisory support to Council in regard to the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Harbourfront Committee recognizes, appreciates and highly values that groups, organizations and individuals outside of the Harbourfront Committee may have beneficial initiatives and ideas regarding the promotion, improvement and development of the Bayham harbourfront area and related infrastructure. The Harbourfront Committee would respectfully request that Council develop or coordinate a process and ensure that all such initiatives are coordinated in a manner to ensure the promotion, improvement and development of the Bayham harbourfront area and related infrastructure in a structured manner beneficial to all entities and ideas. And that where Council deems it prudent, that Council direct beneficial initiatives and ideas regarding the promotion, improvement and development of the Bayham harbourfront area and related infrastructure to the Harbourfront Committee for information and/or consideration. Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 0C4 519-842-4242 or 1-888-231-5408 ˖ Fax 519-842-7123 Email: conservation@lprca.on.ca ˖ www.lprca.on.ca A Member of the Conservation Ontario Network December 4, 2015 File:1.4.5.1 Paul Shipway, CAO Municipality of Bayham 9344 Plank Rd, PO Box 160 Straffordville ON N0J 1Y0 Re: 30-Day Notice to Affected Municipalities – 2016 Draft LPRCA Budget Dear Mr. Shipway, At a Special Board of Directors meeting held on Wednesday, December 2nd, the Draft 2016 Operating and Capital Budgets for LPRCA were approved. Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to consider and provide comment regarding the draft budget. The Regulation also requires that the notice be accompanied by the financial information used to determine that levy. As such, please find attached the following information on LPRCA’s budgets for its member municipalities: 1. 2016 Draft Consolidated Budget Summary 2. 2016 Draft Statement of Operations 3. Five-year Draft Capital Budget 2016-2020 4. LPRCA Draft 2016 Municipal Levy - Consolidated 5. Five Year Summary by Municipality of Levy Apportioned by CVA % 6. Capital Levy by Municipality Apportioned by CVA % LPRCA is requesting any comment regarding the Draft 2016 Budget to be forwarded to this office no later than noon Wednesday, January 6th, 2016. The weighted vote for the Final 2015 LPRCA Budget will take place the evening of Wednesday, January 13th, 2016 as part of the regular meeting of the LPRCA Board of Directors. On behalf of the LPRCA Board of Directors, I would respectfully request the opportunity to present the draft budget to your council at its earliest convenience. If you have any questions or need further information, please feel free to contact myself at 519-842-4242, ext. 225. Sincerely, Cliff Evanitski General Manager Attachment 1 2015 2016 Budget Draft Budget $$$% Total Operating Expenditures 3,742,996 3,818,867 75,871 2%87.0% Total Capital Expenditures *174,086 568,200 394,114 226%13.0% 3,917,082 4,387,067 469,985 12%100.0% SOURCES OF REVENUE Municipal Levy - Operating 1,135,137 1,412,680 277,542 24%32.2% Municipal Levy - Capital 174,086 269,000 94,914 55%6.1% 1,309,223 1,681,680 372,456 28% **Municipal Levy - Special - 65,000 65,000 1.5% Subtotal Municipal Levy 1,309,223 1,746,680 437,456 33%39.8% Provincial Funding 50,530 62,196 11,666 23%1.4% MNR Grant 67,300 68,240 940 1%1.6% MNR WECI & Municipal Funding 77,200 77,200 1.8% Federal Funding 23,987 89,844 65,857 275%2.0% User Fees 1,847,682 1,982,224 134,542 7%45.2% Community Support 373,412 283,684 (89,728) (24%)6.5% Deferred Revenue/Reallocation 77,000 77,000 1.8% Contribution from(to) Reserves 244,947 (0) (244,948) (100%)0.0% TOTAL REVENUE 3,917,082 4,387,067 469,985 12%100.0% *The Capital Expenditures in the 2016 Draft Budget are proposed to be funded by Municipal Levy of $269,000, Special Levy of $65,000, WECI $77,200, Federal Natural Disaster Mitigation Program $80,000 and $77,000 prior year reallocated capital levy. Application for WECI will be completed early in 2016 and the Federal program has been applied to in 2015 and a response has not been received. **Municipal Levy - Special is for Norfolk County and relates to the proposed Shoreline Mapping Project Long Point Region Conservation Authority 2016 Change from 2016 Draft Consolidated Budget Summary % of Draft Budget2015 Budget Attachment 2 2015 2016 Budget Draft Budget $$$% Program: Watershed Planning and Technical Services 217,325 230,041 12,715 6%- (19,682) Watershed Flood Control Services 287,437 261,707 (25,731) (9%)- (22,670) Healthy Watershed Services 267,481 189,141 (78,340) (29%)(4,030) 2,329 Communication and Marketing Services 117,245 122,296 5,051 4%- 8,151 Backus Heritage and Education Services 508,587 536,677 28,090 6%- (999) Public Forest Land Management Services 222,183 250,397 28,213 13%(59,603) No levy Private Forest Land Management Services 210,506 131,448 (79,058) (38%)- No levy Conservation Parks Management Services 619,378 693,355 73,977 12%(179,324) No levy Other Conservation and Land Management Services 431,721 498,457 66,736 15%- 101,786 Corporate Services 861,132 905,349 44,217 5%242,957 208,629 Total Program Expenditures 3,742,996 3,818,867 75,871 2%(0) 277,542 Objects of Expenses: Staff Expenses 2,405,172 2,471,882 66,710 3% Staff Related Expenses 58,916 56,771 (2,145) (4%) Materials and Supplies 348,278 293,438 (54,840) (16%) Purchased Services 858,445 925,134 66,689 8% Equipment 23,225 25,850 2,625 11% Other 48,960 45,792 (3,168) (6%) Total Expenditures 3,742,996 3,818,867 75,871 2% Sources of Revenue: Municipal Levy - Operating 1,135,137 1,412,680 277,542 24% Provincial Funding 50,530 62,196 11,666 23% MNR Grant 67,300 68,240 940 1% MNR WECI & Municipal Funding - - - Federal Funding 23,987 9,844 (14,143) (59%) User Fees 1,847,682 1,982,224 134,542 7% Community Support 373,412 283,684 (89,729) (24%) Contribution from (to) Reserves 244,947 (0) (244,947) (100%) Total Revenue 3,742,996 3,818,867 75,871 2% Long Point Region Conservation Authority Statement of Operations 2016 Change from Contribution (to) from Reserves Increase to Levy2015 Budget Attachment 3 PROGRAMS AND PROJECTS Flood Control Structure Repairs and Studies(levy $129,500)206,700$ 200,000$ 192,500$ 187,500$ 150,000$ $936,700 $0 Database Software -$ 27,000$ $27,000 Digital Elevation Model (levy $12.000)12,000$ $12,000 Norfolk County Shoreline Mapping (levy $9,000)154,000$ 68,000$ $222,000 Hydro Upgrades 40,000$ 40,000$ $80,000 Water Systems Upgrades 50,000$ 20,000$ $70,000 Museum Pavilion Replacement $2,000 $2,000 Shingle Mill Building Replacement $2,500 $2,500 Pool Deck Concrete Replacement $18,000 $18,000 New Natural Gas Furnace Installation at Homestead $10,000 $10,000 Security Fence Around Maintenance Barn and Workshop $10,000 $10,000 $15,000 $15,000 New Comfort Station in Campground $45,000 $45,000 $45,000 $45,000 $25,000 $25,000 Deer Creek CA Campsite Upgrades $12,000 $12,000 Haldimand CA Hydro Upgrades $18,000 $32,000 $50,000 Haldimand CA Fire Pit Rings $5,000 $5,000 Norfolk CA Road Improvements $16,000 $16,000 Norfolk CA Water Intake Upgrades $40,000 $40,000 Waterford North CA Comfort Station/Showers $55,000 $55,000 Waterford North CA Hydro Update $40,000 $40,000 $40,000 $70,000 $190,000 Vehicle Replacement ( 1 pick-up)$27,000 $42,000 $30,000 $32,000 $131,000 Equipment Replacement ( 1 front mount lawnmower)$25,000 $23,000 $25,000 $28,000 $101,000 Communication and Marketing Services Information Panels $3,500 $3,500 Corporate Services Computer Upgrades $7,500 $3,000 $3,000 $3,000 $3,000 $19,500 Admin Office Parking Lot $60,000 $60,000 $60,000 $180,000 Admin Office Roof $33,000 $33,000 $33,000 $99,000 Admin Office Furniture $48,000 $48,000 Phone System Administration Office Upgrade $10,000 $10,000 SWOOP $12,000 $12,000 Back Door Replacement $3,459 $3,459 568,200$ 666,959$ 534,000$ 408,500$ 318,000$ 2,495,659$ 269,000$ MUNICIPAL SPECIAL LEVY - Capital 65,000$ 77,200$ 80,000$ Reallocation of General Levy - Capital 77,000$ 568,200$ Backus Heritage and Education Services Long Point Region Conservation Authority FIVE YEAR DRAFT CAPITAL BUDGET 2016-2020 CORPORATE SUMMARY 2016 2017 2018 2019 2020 Total OBJECTS OF EXPENSES Watershed Services Dam Safety Reviews Heating and Cooling System Aunt Eries Conservation Parks Management Services Deer Creek CA Comfort Station - Replacement Deer Creek CA Workshop Upgrade Other Conservation and Land Management Services Deferred Revenue MUNICIPAL GENERAL LEVY - Capital Grants - Provincial (MNR) (WECI) Grants - Federal - Natural Disaster Mitigation Plan SOURCES OF REVENUE Attachment 4 PER CAPITA PER CAPITA OPERATING CAPITAL TOTAL (Watershed) (Municipality) Haldimand County $204,043 $38,854 $242,896 $17.39 $7.77 Norfolk County $748,430 $142,515 $890,944 $17.38 $16.51 Norwich Twp.$90,416 $17,217 $107,633 $16.31 $12.07 South-West Oxford Twp.$29,636 $5,643 $35,279 $18.44 $5.53 Tillsonburg $182,448 $34,741 $217,189 $16.45 $16.45 Total Oxford County $302,500 $57,602 $360,102 Brant County $84,213 $16,036 $100,249 $20.03 $3.21 Bayham Municipality $63,434 $12,079 $75,513 $13.38 $13.38 Malahide Township $10,060 $1,916 $11,976 $17.01 $1.70 $1,412,680 $269,000 $1,681,680 $17.11 $10.11 Increase over 2015 $277,544 $94,914 $372,458 Per Capita Increase over 2015 $2.82 $0.97 $3.79 LPRCA 2016 MUNICIPAL LEVY - CONSOLIDATED-Draft MUNICIPALITY LEVY AMOUNTS Attachment 5 LPRCA Draft Operating Levy Draft Capital Levy Draft Total Levy 1,412,680$ $269,000 $1,681,680 Municipality Year Haldimand County 2012 $147,794 14.87%$15,760 14.87%$163,554 14.87% 2013 $148,561 14.84%$18,722 14.84%$167,283 14.84% 2014 $156,682 14.56%$18,953 14.56%$175,635 14.56% 2015 $164,510 14.49%$25,229 14.49%$189,739 14.49% 2016 $204,043 14.44%$39,533 $38,854 14.44%$13,625 $242,896 9.80%$53,157 Norfolk County 2012 $523,982 52.71%$55,875 52.71%$579,857 52.71% 2013 $528,470 52.77%$66,600 52.77%$595,070 52.77% 2014 $569,812 52.94%$68,928 52.94%$638,740 52.94% 2015 $600,471 52.90%$92,089 52.90%$692,560 52.90% 2016 $748,430 52.98%$147,959 $142,515 52.98%$50,426 $890,944 0.00%$198,384 Oxford County*2012 $214,997 21.63%$22,926 21.63%$237,923 21.63% 2013 $216,073 21.58%$27,231 21.58%$243,304 21.58% 2014 $230,399 21.41%$27,871 21.41%$258,270 21.41% 2015 $243,499 21.45%$37,343 21.45%$280,842 21.45% 2016 $302,500 21.41%$59,001 $57,602 21.41%$20,259 $360,102 21.41%$79,260 Brant County 2012 $59,208 5.96%$6,314 5.96%$65,522 5.96% 2013 $59,999 5.99%$7,561 5.99%$67,560 5.99% 2014 $63,662 5.91%$7,701 5.91%$71,363 5.91% 2015 $67,630 5.96%$10,372 5.96%$78,002 5.96% 2016 $84,213 5.96%$16,583 $16,036 5.96%$5,664 $100,249 5.96%$22,247 Bayham Municipality 2012 $41,286 4.15%$4,403 4.15%$45,689 4.15% 2013 $41,511 4.15%$5,231 4.15%$46,742 4.15% 2014 $48,122 4.47%$5,821 4.47%$53,943 4.47% 2015 $50,983 4.49%$7,819 4.49%$58,802 4.49% 2016 $63,434 4.49%$12,451 $12,079 4.49%$4,260 $75,513 4.49%$16,711 Malahide ` Township 2012 $6,779 0.68%$723 0.68%$7,502 0.68% 2013 $6,776 0.68%$854 0.68%$7,630 0.68% 2014 $7,654 0.71%$926 0.71%$8,580 0.71% 2015 $8,044 0.71%$1,234 0.71%$9,278 0.71% 2016 $10,060 0.71%$2,016 $1,916 0.71%$682 $11,976 0.71%$2,698 2016 $1,412,680 $277,544 $269,000 $94,914 $1,681,680 $372,458 Notes: Operating Notes: Capital Notes: Combined 2012 $10.12 per capita 2012 $1.08 per capita 2012 $11.20 per capita 2013 $10.29 per capita 2013 $1.30 per capita 2013 $11.59 per capita 2014 $11.06 per capita 2014 $1.34 per capita 2014 $12.40 per capita 2015 $11.67 per capita 2015 $1.79 per capita 2015 $13.46 per capita 2016 $14.37 per capita 2016 $2.74 per capita 2016 $17.11 per capita Oxford County Apportionment:Oxford County Apportionment:Oxford County Apportionment: Norwich Twp.90,416$ Norwich Twp.17,217$ Norwich Twp.107,633$ South-West Oxford 29,636$ South-West Oxford 5,643$ South-West Oxford 35,279$ Tillsonburg 182,448$ Tillsonburg 34,741$ Tillsonburg 217,189$ 302,500$ 57,602$ 360,102$ 5 Year Summary by Municipality of Levy Apportioned by CVA % Municipal Levy - Operating Municipal Levy - Capital Municipal Levy - Combined Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 Amount of Levy Share % of Total Levy* $ Increase 2016 over 2015 Attachment 6 LPRCA Haldimand Norfolk Norwich South-West Brant Bayham Malahide Project County County Township Oxford Twp.Tillsonburg County Municipality Township Total Watershed Services 21,738$ 79,734$ 9,632$ 3,157$ 19,437$ 8,972$ 6,758$ 1,072$ 150,500$ Backus Heritage and Education Services 1,878$ 6,887$ 832$ 273$ 1,679$ 775$ 584$ 93$ 13,000$ Conservation Parks Management Services 14,155$ 51,920$ 6,272$ 2,056$ 12,657$ 5,842$ 4,401$ 698$ 98,000$ Other Conservation and Land Management Services -$ -$ -$ -$ -$ -$ -$ -$ -$ Communication and Marketing Services -$ -$ -$ -$ -$ -$ -$ -$ -$ Corporate Services 1,083$ 3,973$ 480$ 157$ 969$ 447$ 337$ 53$ 7,500$ TOTAL 38,854$ 142,515$ 17,217$ 5,643$ 34,741$ 16,036$ 12,079$ 1,916$ 269,000$ 2016 Draft Capital Levy By Municipality Apportioned by CVA % REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 17, 2015 REPORT: CAO-89/15 SUBJECT: 2016 INSURANCE RENEWAL BACKGROUND The Municipality currently purchases its insurance needs through Frank Cowan Company Limited. Prior to the 2012 calendar year the municipal insurance policy had been with Jardine Lloyd Thompson (JLT) for several years. Prior to the award of the 2012 Municipal Insurance program, the Municipality requested competitive quotations, and Frank Cowan Company submitted the lowest quote. On November 20, 2015, Frank Cowan Company provided a renewal proposal for the 2015 program, with a premium of $111,241 plus applicable taxes. This represents an increase of $2,651 (2.4%) over 2015. The Municipality was able to keep its premium from rising drastically based on various risk mitigation activities which staff carried out throughout the year and continue to execute. For comparison, the 2014 program, with a premium of $109,693 plus applicable taxes had an increase of $5,939 (4.8%) over the 2013 program. Of note, the 2016 policy is only $3,000 more than the 2009 JLT Policy. DISCUSSION Insurance limits and deductibles remain consistent with the 2015 insurance program. The general liability deductible remains at $15,000. No changes with the exception of typographical and administrative changes have been made to the policy (the changes do not impact coverage). Cowan does recommend considering a change to the Council Accident coverage from 24 hours down to ‘when on municipal business’. In theory right now Council is covered with accident insurance while not conducting municipal business. This change is as a result of policy language changes and is believed this was not amended as a result of historic oversight. The aforementioned change would reduce the premium an additional $1,253 while still providing complete accident coverage for Councillor’s while conducting municipal business. RECOMMENDATION 1.THAT Report CAO-89/15 re 2016 Insurance Renewal be received for information. 2.AND THAT the 2016 Municipal insurance program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated November 24, 2015, at a total premium of $111,241 plus applicable taxes Respectfully Submitted by: Paul Shipway CAO REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 17, 2015 REPORT: CAO-90/15 SUBJECT: BILL 8 - ACCOUNTABILITY & TRANSPARENCY ACT BACKGROUND On December 11, 2014 the Ontario Legislature gave Royal Assent to the Public Sector and MPP Accountability and Transparency Act, 2014 (also referred to as Bill 8). The Public Sector and MPP Accountability and Transparency Act, 2014 and related regulations affecting municipal governments are to be proclaimed in effect on January 1, 2016. The Bill enacts a new Act and amends a number of other Acts by way of schedules. The legislation will provide for increased provincial oversight of municipalities by the Ontario Ombudsman. The majority of changes affecting municipalities are included in Schedules 6 and 9, and make changes to the Ombudsman Act, which will allow the Ontario Ombudsman to investigate complaints about municipalities. DISCUSSION The intent of Bill 8 is to strengthen political accountability and make government more transparent. This purpose is peculiar given the fact that Section 2 of the Municipal Act, 2001 reads as follows: Municipalities are created by the Province of Ontario to be responsible and accountable governments with respect to matters within their jurisdiction and each municipality is given powers and duties under this Act and many other Acts for the purpose of providing good government with respect to those matters. There are 11 Schedules included in Bill 8, which amends various acts that govern the legislature and the public sector. Schedules 6 and 9 are applicable to all municipalities as these two schedules amend The Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Ombudsman Act both of which have a direct effect on the overall business of the Municipality. When the Municipal Act was amended in 2006 (Bill 130) it introduced enhanced accountability powers for municipalities, including the authority to establish codes of conduct and to appoint accountability officers such as an Integrity Commissioner, Auditor General and Ombudsman. MFIPPA MFIPPA is amended to create specific obligations for the head of a municipality and individuals handling records. Two specific additions have been made to MFIPPA increasing the responsibility of the head of an institution and setting out consequences for individuals for the maintenance and management of corporate records. 1) The head of the institution must ensure records are properly maintained. Bill 8 amends MFIPPA by adding a specific obligation for the head of the institution to ensure corporate records are maintained according to statute, bylaws and policies. The Mayor as the head of the Municipality has delegated the day-to-day responsibility for managing MFIPPA to the Clerk, but will have the specific statutory obligation to ensure there are measures in place for the maintenance of corporate records and there is compliance with these measures across the organization. 2) Individuals can be found personally liable for records related offences. Prior to Bill 8, only an organization could be held liable for offences under the Act. The amendments in Bill 8 expand this liability to include any individual who handles records regulated by MFIPPA. Individuals who are responsible for managing records can be found personally liable for offences related to the willful concealment, alteration or destruction of corporate records. Bill 8 also allows for the prosecution of such offences to be initiated up to 2 years after the offence has been discovered and carries a maximum fine of $5,000.00 for an offence by an individual. The Municipality of Bayham Records Retention Bylaw No. 2014-091, as approved by the Municipal Auditor, and a number of policies governing records and information management ensure staff are in proactive compliance with the legislation. Staff are accountable for managing records and information in accordance with these policies. In response to the MFIPPA amendments, the Municipality’s information management framework will be reviewed to ensure the Municipality’s ongoing compliance with information management requirements. Any necessary updates will be incorporated into staff training, policies, guidelines and procedures. Laserfiche, and the audit trail function within ensures holistic corporate accountability when dealing with corporate records. Ombudsman Act The Ombudsman Act has been amended to expand the Provincial Ombudsman’s jurisdiction to include municipalities, municipal boards and their agencies. The amendments also clarify how the Provincial Ombudsman may exercise its powers where a municipality has its own ombudsman. The function of the Ombudsman is to “investigate any decision or recommendation made by or an act done or omitted in the course of the administration of a public sector body.” The amendments in Bill 8 do not change the provisions of section 239 of the Municipal Act regarding closed meetings. The Provincial Ombudsman remains the default closed meeting investigator if a municipality does not have its own investigator and he maintains the ability to investigate matters if a complaint is brought directly to his office or on his own motion. Established appeal and tribunal processes are not directly affected by the amendments to the Ombudsman Act. The Provincial Ombudsman is not empowered to investigate decisions, recommendations, acts or omissions: 1) where there is a right of appeal or objection, or right to apply for a hearing or review by a tribunal or court until this right has been exercised; and 2) of any legal adviser or person acting as legal counsel to the public sector body. This means that municipal services governed by other legislation with established appeal and tribunal processes such as Planning and the Ontario Municipal Board, would require the complainant to exercise and exhaust all rights established in the complaints process before the Provincial Ombudsman may be engaged. The Municipal Act , 2001 Section 223.13 gives municipalities the authority, to appoint an ombudsman who reports to council and whose function is to investigate in an independent manner any decision or recommendations made or act done or omitted in the course of the administration of the municipality, its local boards and such municipally-controlled corporations as specified by the municipality. Given that Bill 8 extends the jurisdiction of the Provincial Ombudsman to include the municipal sector, the Provincial Ombudsman will by default become the ombudsman for municipalities if they do not appoint their own municipal ombudsman. The amendments in Bill 8 set out specific circumstances under which the Provincial Ombudsman may conduct an investigation where there is a municipal ombudsman. The Provincial Ombudsman may consider the merits of conducting an investigation if: 1) a complaint was made to the municipal ombudsman and he/she refused to investigate or has conducted and concluded an investigation; or 2) the time for bringing a complaint to the municipal ombudsman has expired. If a municipal ombudsman has taken the necessary steps to resolve a complaint and has concluded an investigation, a complainant may decide to take a matter to the Provincial Ombudsman who may review the matter and decide whether or not to conduct an investigation. If the Provincial Ombudsman decides to conduct an investigation into a matter under a municipal ombudsman’s jurisdiction, he/she must inform the head of the institution before starting the investigation, and provide the institution an opportunity to make representations to the Ombudsman if the report or recommendations may adversely affect the institution. Section 14(5) of the amendments will allow any person to make an application to the Divisional Court if there is a question as to whether or not the Provincial Ombudsman has the jurisdiction to investigate a matter. Prior to Bill 8, only the Ombudsman could make such an application. Toronto is the only municipality in Ontario to appoint a municipal ombudsman, prior to the introduction of Bill 8. Most municipalities rely on existing processes and procedures for handling a variety of matters that might otherwise be investigated by an ombudsman. In light of Bill 8, Council may consider exercising its authority to appoint a municipal ombudsman. Alternatively, Council could consider taking part in a shared resource arrangement with other municipalities to jointly appoint a municipal ombudsman or default to the Provincial Ombudsman. The Municipality currently appoints Mr. John Maddux, in partnership with Elgin County as the Municipal Closed Meeting Investigator, as authorized by By-law No. 2007-093 – Agreement No. 0129-01. Staff would respectfully recommend that the Closed Meeting Investigator Policy as authorized by By-law No. 2008-009, be repealed and replaced with the same By-law, with the exception of removing the ‘administrative fee’ to submit a closed meeting investigator complaint. This could be accomplished by an amendment to the existing by-law, however for the sake of ease-of-use, a repeal and replacement is more effective. This will remove any potential impediment to accountability from the Closed Meeting Investigator process. In regards to the consideration of appointment of a Municipal Ombudsman, staff would respectfully recommend not making such an appointment and default to the Provincial Ombudsman. The Municipality of Bayham, utilizing Laserfiche and Keystone, along with various administrative policies and procedures, has in place a robust accountability matrix that should any act, or decision of Council require review, the information can be efficiently provided to the Ombudsman. It is worth noting that these measures have been in place long before Bill 8 was contemplated. It is also worth noting that all Non-Union Job Descriptions and Job Agreements contain provisions pertaining to staff accountability and obligations to Council and the Municipality. Excellent Care for All Act Schedule 5 amends the Excellent Care for All Act, 2010 and creates a Patient Ombudsman. The functions of the patient ombudsman are: 1)To receive and respond to complaints from patients and former patients; 2)To facilitate the resolution of complaints; 3)To undertake investigations of complaints made by patients and to undertake investigations of health sector organizations on the patient ombudsman’s own initiative; 4)To make recommendations following the conclusion of the investigation; 5)To do anything else provided for in the regulations. The Patient Ombudsman will have implications for the County of Elgin Long Term Care Homes. RECOMMENDATION 1.THAT Report CAO-90/15 re Bill 8 – Accountability & Transparency Act be received for information. 2.AND THAT Council direct staff to continue to review and implement written policies that will adhere to the requirements in Bill 8 the Public Sector and MPP Accountability and Transparency Act, 2014; 3.AND THAT Council direct staff to bring forward a Closed Meeting Investigator By-law for Council consideration; 4.AND THAT Mr. John Maddux continue as Municipality of Bayham Closed Meeting Investigator until such time as By-law No. 2007-093 is repealed in its entirety. Respectfully Submitted by: Paul Shipway CAO REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 17, 2015 REPORT: CAO-91/15 SUBJECT: RENEWABLE ENERGY BACKGROUND Renewable energy is a key element in Ontario’s electricity mix. The province is working with municipalities and renewable energy project developers to help ensure that cost-effective and well- supported projects are developed. Together, these efforts will allow renewable generation to continue to play an important role in the electricity system. There are a number of different stages in the process in which municipalities can play a role in renewable energy project development, including, but not limited to: ROLE CONSIDERATIONS Municipality as a Developer Municipalities that develop their own projects can benefit from project revenues. When deciding whether to develop a renewable energy project, municipalities should consider whether they have available land or building(s) they can use or whether they would need to lease/rent property. As well, they should determine whether they have the financial resources to develop a project on their own, and consider the approval and permitting requirements the project will entail. Municipality as a Partner Municipalities that partner with developers can benefit from project revenues. Before municipalities partner with a developer on a renewable energy project, they should consider: • How much electricity/revenue would this type of project generate? • What ownership structure might be best? • Will the project ownership be transferred to the municipality at the end of the contract term? In addition to developers, municipalities can partner with co-operatives, Aboriginal communities and public sector entities to develop projects. Municipality as a Project Site Owner Municipalities may choose to allow renewable energy projects to be located on municipally-owned properties in return for lease payments or other benefits from developers. The funds municipalities earn from these projects can be reinvested in other local projects. Municipalities may negotiate agreements with developers to benefit their communities, such as upgrading the roof of a Municipality as a Project Site Owner municipal building for a solar installation or enhancing parks and sports fields. Municipalities need to consider what each side stands to gain from an agreement and clarify key terms up front. For example, a municipality that is asked about hosting solar panels on the roof of a municipal building, may want to know: • How much electricity would this system generate? • What revenue would this system generate for the developer and what are the revenue-sharing opportunities for the municipality? • Would this system be owned by the municipality or the developer? • What is the expected life of this system? • What structural requirements and impacts would there be to the roof? • Will ongoing maintenance be required for this system? If so, who will carry it out? • Are there insurance or tax implications for this system? • Will this system be transferred to the municipality at the end of the contract term? DISCUSSION The FIT Program was developed in 2009 to encourage and promote greater use of renewable energy sources, including on-shore wind, solar photovoltaic (PV), bioenergy (biomass, biogas and landfill gas) and hydroelectricity for electricity generating projects in Ontario. Through this program, Ontario procures renewable energy from generation facilities that have a rated electricity generating capacity generally up to and including 500 kilowatts (kW). The microFIT program is for projects 10 kW and smaller. The FIT program is a standard offer program. This means that the pricing, contract terms and program rules are standardized. The FIT program is open to a variety of participants who generate renewable energy and sell it to the province at a guaranteed price for a fixed contract term. FIT program participants can include homeowners, communities, municipalities, Aboriginal communities, business owners, and private developers. Participants are paid a guaranteed price over a 20-year term (40 years for waterpower projects) for all the electricity that is generated and delivered to the Ontario grid. The FIT program is managed by the IESO. The IESO opens the FIT program to applications on a regular basis and the window for submitting applications typically lasts one month. The IESO then reviews all applications for eligibility and the ability to connect to the grid. Projects that are successful at all stages are offered a FIT contract. The awarding of a FIT contract to a developer does not mean that the project is a “done deal.” A developer may not build a FIT project unless all of its key contractual and regulatory requirements are met. The microFIT program offers a streamlined process for homeowners and other eligible participants to develop a small or “micro” renewable energy project 10 kW or smaller on their property. FIT PRICES FIT prices are set at the date the contract is signed and are fixed for the term of the contract. The FIT price is the amount paid per kilowatt-hour (kWh) of electricity delivered to the provincial grid under a FIT contract. The price paid for electricity produced varies according to the renewable energy source used and the size of the project. Each year the IESO reviews the prices offered to new projects under the FIT program and adjusts the prices to reflect the current cost of developing projects while allowing a reasonable rate of return for project developers. FIT DEVELOPMENT PROCESS There are a number of points in the FIT contracting and development process where municipalities can be involved. The following graphic outlines the key steps in the process: Stages in the FIT development process that are of particular interest to the Municipality are described in the sections below. PRE-APPLICATION STAGE The activities that take place during the pre-application stage are often thought of as developer front-end work. These activities may include identifying and obtaining access to a suitable site, arranging project financing and contacting the municipality to begin pre-consultations. Developers are encouraged to contact the local municipality during this stage to begin discussions about the proposed project. Since formal municipal support for a project translates into the awarding of two priority points in the system for ranking FIT applications, municipalities have the ability to selectively support the projects that are better aligned with local planning priorities and local considerations. By proactively engaging with developers at the pre-application stage, municipalities can work to influence important decisions, such as project siting. During the pre-application stage, developers would also assess whether there are any significant issues related to the property that they are considering for their renewable energy project, such as the presence of Prime Agricultural Land or First Nation land claims. DEVELOPER PREPARES AND SUBMITS FIT APPLICATION Developers of ground-mounted solar projects of any size must obtain confirmation of the existing municipal zoning as part of their application to the IESO to ensure all FIT land use restrictions are met. Developers must request confirmation of zoning from municipalities and use the prescribed FIT program form for documentation. The form is to be completed and executed by a: • land use planner (registered professional planner) employed by the municipality, including a director of planning or equivalent municipal official (i.e., a registered professional planner) • independent land use planner (registered professional planner) not employed by the municipality • chief building official, chief municipal administrative officer, or municipal clerk or equivalent municipal official The developer must obtain zoning confirmation information for every municipality in which the project is located in whole or in part. The role of the municipal official/independent professional planner is to provide confirmation of the existing zoning in the municipality (ies). The IESO will use this information to determine whether the FIT application meets the relevant land use restrictions under the program rules. PRIORITY POINT SYSTEM FOR IESO RANKING OF FIT APPLICATIONS The FIT program uses a point system to prioritize applications as they move through the contracting process. In this guide we refer to this as the priority point system. To qualify for a contract, an application needs to earn at least one point. There are two categories of points that can be awarded: • Contract Price Reduction Priority Points • Additional Points The IESO awards Contract Price Reduction Priority Points to applications that voluntarily select reduced prices from the schedule provided by the IESO. Three tiers of reduced prices are available and each tier awards a corresponding number of points. The IESO also awards Additional Points for projects that have received community support (either in the form of municipal or Aboriginal community support) and for projects that are located on Aboriginal land, or hosted by a municipal or public sector entity. The chart below summarizes the categories and points available: PRICE REDUCTION PRIORITY POINTS Points Tier One 1 Tier Two 2 Tier Three 3 ADDITIONAL POINTS Points Municipal Council Support Resolution 2 Aboriginal Community Support Resolution 2 Municipal Site Host or Public Sector Entity Site Host 1 Aboriginal Community Site Host 1 MUNICIPAL SUPPORT AND ENGAGEMENT Every developer can earn priority points for a project by demonstrating support from the local municipality. For the purpose of priority points, municipality means a municipal corporation as defined by the Municipal Act, 2001. More specifically, the IESO will award two priority points if the developer submits, along with its application, a prescribed form showing that a formal Municipal Council Support Resolution was passed in support of the proposed project. The ability to earn priority points as a result of municipal support means that developers seeking a contract have an incentive to negotiate and work with municipalities. For a project to be awarded priority points for demonstrating municipal support, the FIT program rules require that Municipal Council Support Resolutions use the exact wording provided in the applicable FIT program template. If municipalities have additional requirements they would like project developers to undertake, they may wish to enter into separate agreements with developers. To earn priority points, Municipal Support Resolutions must be provided at the same time the developer submits a FIT application. Once a FIT contract is awarded by the IESO, any changes the municipality makes regarding its position on the project will have no impact on the developer’s FIT application priority position. SCREENING AND RANKING APPLICATIONS For each round of contracting, the IESO pools eligible applications and ranks them based on the total number of priority points. Priority among applications that have accumulated the same number of points is determined based on when the application was first submitted, also known as the timestamp. The FIT program also assigns Contract Capacity Set-Asides (CCSAs) for specific types of priority projects. For instance, a minimum two-thirds of the FIT 4 procurement target is reserved for CCSA projects – projects with greater than 50 per cent economic participation by municipal or public sector entities, Aboriginal communities or communities (co-operatives). Within any FIT application window, qualifying applications that meet the CCSA eligibility criteria are tested for their ability to connect to the grid first. This is a distinct advantage, since those that are deemed able to connect to the grid first will be offered contracts first. For applications that pass the Transmission Availability Test (TAT) and the Distribution Availability Test (TAT), the IESO will offer developers FIT contracts subject to the procurement targets set by the IESO. The TAT and DAT screening tests do not guarantee an ability to connect the project to the electricity grid. If a generator receives a FIT contract, the project would be subject to one or more detailed impact assessments that may be required by the system operator, transmitter or local distribution company (LDC). Interested applicants are encouraged to consult with the applicable LDC or transmitter prior to submitting a FIT application. OPPORTUNITIES FOR MUNICIPALITIES The FIT 2, FIT 3 and the extended FIT 3 programs provided opportunities for municipalities to participate in renewable energy development by prioritizing projects with municipal ownership. As a result, municipalities responded with extensive participation in these procurements. FIT 4 continues to provide opportunities for municipal participation through the Municipal and Public Sector Entity CCSAs for those projects with greater than 50 per cent municipal or public sector entity economic participation. Furthermore, by offering priority points for those projects that are supported by Municipal Council Support Resolutions and which have a Municipal Site Host, municipalities are in the position to discuss and potentially influence decisions regarding projects in their communities. As outlined in the chart below, contracts offered by the IESO in 2013 and 2014 had high levels of municipal support and municipal ownership. FIT 2 (2013) FIT 3 (2014) Extended FIT 3 (2014) Number of Contract Offers 951 500 332 Projects with Municipal Support 90% 96% 87% Projects with significant Municipal or Public Sector Entity Ownership 33% 32% 45% DECOMMISSIONING When a project has reached the end of its useful life, the project is decommissioned. The following table addresses some of the common questions municipalities may have about the process for decommissioning renewable energy projects. Municipalities are also encouraged to discuss any questions or potential concerns with developers. QUESTIONS ABOUT DECOMMISSIONING Who is responsible for decommissioning? • Decommissioning is the sole responsibility of the project developer. In what condition will the developer leave the project’s location? • Proper decommissioning must restore a project’s location to a clean and safe condition suitable for the future use of the land. • Where projects are located on agricultural land, the property must be restored to its pre-development agricultural capability or better. Who pays for the installations to be taken down at the end of the contract? • The developer is responsible for paying for and conducting decommissioning activities. What if the developer goes bankrupt? • Many of the materials used in a renewable energy project can be salvaged or reclaimed. For wind and solar projects, it is expected that the monetary value of the recovered equipment would be sufficient to cover the cost of decommissioning, even in the case where the developer goes bankrupt. MUNICIPALITY OF BAYHAM – RENEWABLE ENERGY PROJECT OPTIONS Through the Mayor and his duties as Warden, the Municipality became aware of a company known as OSM Bilagot Energy Corporation while they were conducting a presentation on solar options for the Council of the Township of Southwold. OSM Bilagot Energy Corporation is an Ontario-based manufacturer & installer of solar photovoltaic panels and wind micro-turbine cubes. As the Municipality does not have an abundance of internal expertise pertaining to solar photovoltaic panels staff referenced checked OSM Bilagot Energy Corporation and their proposal through ERTH, who the municipality recently utilized for LED streetlight conversion purposes and who works in the field, and the reference came back positive. As a result of the positive reference check, staff requested OSM Bilagot Energy Corporation provide staff with proposals for consideration. Staff provided the following properties for consideration of roof-top solar projects as the Municipality does not own any lands which appear obvious candidates for ground mounted solar options: Address Facility 1 Chatham St Wastewater Treatment Plant 26 Fulton St Vienna Community Centre 55451 Nova Scotia Line Port Burwell Fire Hall 55748 Third St Straffordville Fire Hall 8354 Plank Rd Public Works Garage 56169 Heritage Line Straffordville Community Centre To move forward in the process for a FIT application a Connection Impact Assessment (CIA) is required at a cost of approximately $5,500+HST/facility, however it is possible to utilize a Hydro One Net Metering Assessment to conduct a preliminary assessment of which structures could be at least considered for a CIA, and save expenses in the process. The results which came back positive were: Address Facility 55451 Nova Scotia Line Port Burwell Fire Hall 55748 Third St Straffordville Fire Hall This does not mean that the above properties would be successful in a full CIA should Council proceed in the future, however it does eliminate unnecessary expenses on facilities which Hydro One cannot accommodate within existing station and feeder capacity. OSM Bilagot Energy Corporation then prepared potential revenue models, contingent upon Council moving forward and projects being approved based on two scenarios: 1) OSM Bilagot Energy Corporation Financing of Projects 2) Municipal Financing of Projects The two scenarios provide potential revenue to the Municipality as follows: OPTION 1 OPTION 2 Facility KW/Year Revenue/KW Annual Rental Revenue 20 Year Contract Revenue Project Expense Annual Revenue 20 Year Contract Revenue Port Burwell Fire Hall 432,000 $0.225 $9,225 $184,500 $1,133,580 $97,200 $1,944,000 Straffordville Fire Hall 72,900 $0.242 $1,276 $25,524 $194,580 $17,642 $352,836 In both of the above presented scenarios at the end of the potential 20 year contract the Municipality would have the possibility of utilizing the system for Net-Metering, in an attempt to obtain ’free hydro’ or entering into another contract should they exist. Given the Municipality’s current financial realities and need to fund a number of asset categories, although Option 2 provides greater revenue, the expense of the same may make it unfeasible. Conversely, Option 1 does provide potential revenue which could be realized by the Municipality. As this is an initial proposal, the Municipality may still be able to negotiate a better contract with OSM Bilagot Energy Corporation or potential other suppliers which includes a percentage of the revenue generated in addition to the rental fee. Many variables exist within the proposal, namely projected KW versus actuals, responsibility for maintenance, impact on insurance etc. Given the variables staff would respectfully recommend continuing the information gathering in an attempt to develop a draft contract between the Municipality and OSM Bilagot Energy Corporation to potentially be ready for the next FIT intake. Staff would also note that in 2009 when FIT was introduced the contracts produced as much as four times the KW/rate and that amount has decreased annually and is projected to continue to do the same. RECOMMENDATION 1.THAT Report CAO-91/15 re Renewable Energy be received for information. 2.AND THAT staff be directed to negotiate a draft renewable energy agreement for Council consideration; 3.AND THAT staff be directed to bring back a report, following the draft agreement, outlining steps to move forward with potential renewable energy projects. Respectfully Submitted by: Paul Shipway CAO REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 17, 2015 REPORT: CAO-92/15 SUBJECT: COMMUNITY ENERGY PLAN – FCM MILESTONES FRAMEWORK BACKGROUND On December 3, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT AMO Policy Update re AMO and UQM to Collaborate on Climate Action be received; AND THAT correspondence be forwarded to Premier Wynne advising that the Municipality of Bayham supports the collaboration on climate action of the AMO and UQM and is calling on the provincial government to work in partnership with local governments and: • give municipalities adequate, stable and long-term funding resources to invest in greenhouse gas reduction initiatives in our communities such as public transit and active transportation, public and private building energy efficiency; water conservation, planning development and other programs; • recognize municipal projects that reduce greenhouse gases for offset credits in Cap and Trade programs; • provide dedicated funding for climate change adaptation to help municipalities provide resilient infrastructure to keep our economies and communities functioning and productive; • and provide tools to help facilitate and transfer knowledge regarding greenhouse gas reduction and climate adaptation projects. Through monitoring of the Federal and Provincial Governments, the actions the Association of Municipalities of Ontario (AMO) and the correspondence which is appearing on the Municipal Agenda it is evident that the Environment, Climate Change and Action is a key priority area for all levels of government. The situation in 2015 pertaining to the Environment, Climate Change and Action is similar, from staff perspective, to that of the Asset Management discourse of the Federal Government, Provincial Government and AMO of the 2009-2013 time period. A time period which eventually required all municipalities to construct and adopt Asset Management Plans and various other Asset inventory Plans. The Municipality of Bayham completed said works in 2013 on the Municipality of Bayham Asset Management Plan. The Asset Management Plans have now become a requirement prior to receiving funding for infrastructure assets. Through assessment of the Capital and Operating Budget it is evident that the Municipality has limited funds to invest outside of key asset categories including in Environmental Plans or versions of Economic Development. However at the same time, the 2014 Municipality of Bayham Economic Development Opportunities & Initiatives Plan outlined the following: 1) Bayham’s success however, is contingent on having the needed resources and leadership to move its economic agenda forward. …Bayham must look for regional assistance in promoting and capitalizing on the potential offered by Port Burwell – both in the attraction of visitors and residents and level available economic development and planning tools to foster local business development within Bayham’s commercial cores – Vienna and Straffordville. 2) There is a growing trend towards branding of a community’s economic development effort to more effectively market a jurisdiction to business, industry or future residents/employees. Bayham needs to more effectively engage and inform business and industry on local and regional economic development activities and programming, while at the same time profiling the current range of business and investment activity across the community. Further, the 2014 the Municipality of Bayham Economic Development Opportunities & Initiatives Plan specifically outlined the importance of capitalizing on the niche economic strength clusters which the Municipality already possesses by the following means: 1) The need for focused attention on enhancing the quality of place, vibrancy and aesthetic appeal of Bayham is a key consideration in the attraction of residents, visitors and business investment. As a municipality of 7,000, Bayham has a limited asset base in terms of clusters of employment or industrial activity with its two traditional commercial cores in Vienna and Straffordville; … As such, it is important that Bayham target placemaking efforts to enhance the community’s quality of place experience. The following report outlines a plan to preemptively satisfy potential upper government legislative requirements and directives, while at the very least signifies the progressive nature of the Municipality of Bayham pertaining to the Environment, Climate Change and Action in an effort to build upon the current economic strengths of the Municipality of Bayham and provide ‘focused attention on enhancing the quality of place, vibrancy and aesthetic appeal of Bayham’. DISCUSSION Federation of Canadian Municipalities - Partners for Climate Protection Milestones Framework The Partners for Climate Protection (PCP) program is a network of municipal governments that have committed to reducing greenhouse gas (GHG) emissions and acting on climate change. PCP is a partnership between the Federation of Canadian Municipalities (FCM) and ICLEI – Local Governments for Sustainability. It is the Canadian component of ICLEI's Cities for Climate Protection (CCP) network. PCP provides a five-milestone framework that assists municipal governments to take action to reduce GHG emissions from the community and municipal operations, protect the climate and provide many other benefits including: i. Cost savings: Increasing energy efficiency, purchasing renewable energy and developing local renewable energy sources to produce financial savings municipal governments and for households and businesses in the community. ii. Job creation and local economic development: Creating new markets for renewable energy technologies, energy efficiency and sustainable public transit to stimulate a community's economy and increase competitiveness. iii. Reduced traffic congestion: Promoting public transit, cycling, low-emissions vehicles, car sharing, and active transportation encourages residents to explore more affordable and environmentally friendly travel modes, improving mobility, safety, and public health. iv. Improved air quality: Reducing pollutants and airborne particles improves air quality and reduces the incidence of respiratory diseases. v. Financial savings, improved economic performance, reduced traffic and cleaner air all contribute to one thing — more environmentally friendly and livable communities. PCP is based on a five milestone framework used to guide municipalities to reduce greenhouse gas emissions. The five milestone process is a performance-based model which remains flexible; milestones do not need to be completed in sequential order. Each milestone provides an opportunity for municipal capacity building. The five milestones are: • Milestone 1 – Creating a Greenhouse Gas Emissions Inventory & Forecast • Milestone 2 – Setting Emissions Reductions Target • Milestone 3 – Developing A Local Action Plan • Milestone 4 – Implementing the Local Action Plan or Set of Activities • Milestone 5 – Monitoring Progress and Reporting Results FCM's Green Municipal Fund (GMF) finances plans that support sustainable community development. GMF-supported plans aim to improve air, water, and soil, and mitigate the impacts of climate change. Through GMF, FCM supports the vital work of community leaders, helping them move from innovative vision to practical reality. A GHG reduction plan establishes a baseline through a GHG emissions inventory, sets emission reduction targets, and outlines actions to reduce GHG emissions for municipal operations and the community in all areas of municipal activity, including energy use, transportation planning, land use, waste and water management. Actions outlined in the GHG reduction plan include specific tasks and who will accomplish them, a timeline for implementation, and estimated costs. Combined actions planned to achieve milestones 1, 2 and 3 of the Partners for Climate Protection (PCP) program can be considered an example of a GHG reduction plan. This plan is also referred to as a climate change action plan or a local action plan and must contain certain mandatory elements required by the PCP program. In 2015—2016, FCM aims to approve $5 million in grants for plans, feasibility studies and pilot projects combined. FCM offer grants, which cover up to 50% of eligible costs, to a maximum of $175,000 for eligible planning initiatives. Municipal Energy Plan Program The Municipal Energy Plan Program (MEP) is designed to assist Ontario municipalities understand their energy use through a community energy planning process. A municipal energy plan is a comprehensive long-term plan to improve energy efficiency, reduce energy consumption and gas emissions, foster green energy solutions and support economic development. The Plan looks at energy use across the entire municipality and includes a municipality’s residential, commercial, industrial, transportation, and public-sector energy use, including municipal operations and energy and water infrastructure such as water supply and treatment. The Plan identifies energy conservation and green energy opportunities for all sectors within the broader context of the built environment, land use planning, growth planning and generation and transmission infrastructure. The Plan will also help to articulate municipal priorities for other energy planning initiatives, such as regional and provincial energy plans. The Plan may include energy mapping to visually represent energy intensity and conservation opportunities. The MEP Program will provide up to $90,000 per project or 50% of total project costs, whichever is less. This funding is for stakeholder engagement, the gathering of baseline energy data, analysis of the data which may include an energy map, and the creation of a Plan. Additional funding for a Plan may be sought from other sources including other levels of government, and community stakeholders. Successful applicants to the program will have up to two years from the execution date of their funding agreement to complete their Plan. A well-developed Plan provides key energy use information and identifies a broad range of energy conservation opportunities that can help local governments in their long-term decision-making and planning for future developments. The creation and implementation of a Plan can provide a number of benefits to the municipality and community at large including: i. Providing strategies to conserve energy, reduce costs and use cleaner sources of energy that will contribute to improved air quality, environmental protection and related health benefits; ii. Aligning the built environment, energy and land use growth planning to help identify the best possible energy options for municipalities creating complete communities and enhanced mobility; iii. Supporting economic development and local business opportunities leading to an enhanced tax base and more competitive and sustainable communities; iv. Increasing energy literacy and commitment to conservation leading to lower energy bills for residents; CONCLUSION The general work plan, should Council proceed, would have two key components outlined above being: 1) Consultant Complete a. FCM Green Municipal Fund – Plan Grant Application b. Province Community Energy Plan Application The purpose of this is that the two projects are similar (FCM PCP Milestones 1-3 and Community Energy Plan) and by doing this the project has the potential to be 100% funded. 2) Consultant complete the required research and plans to satisfy the requirements of both programs. It is evident the Municipality of Bayham cannot undertake economic development activities in the same manner as Municipalities which have large amounts of discretionary funding. As a result the Municipality must explore creative methods to showcase ‘progressive thinking’ in the Municipality and speak to those groups and persons looking for ‘environmentally concise municipalities’ in an effort to build upon the current economic strengths of the Municipality of Bayham and provide ‘focused attention on enhancing the quality of place, vibrancy and aesthetic appeal of Bayham’. RECOMMENDATION FIRST RESOLUTION 1. THAT Report CAO-92/15 re Community Energy Plan – FCM Milestones Framework be received for information. 2. AND THAT staff be directed to further investigate a combined Community Energy Plan – FCM Milestones Framework and report back to Council with potential costing and a plan forward. SECOND RESOLUTION 1. WHEREAS the International Panel on Climate Change (IPCC) concludes in its 2007 Fourth Assessment Report that “there is new and stronger evidence that most of the warming observed over the last 50 years is attributable to human activities”; WHEREAS the IPCC concludes that human influences on the climate have likely contributed to a rise in the sea level during the latter half of the 20th century, changed wind and temperature patterns, and likely increased the risk of heat waves, the area of land affected by drought since the 1970s, and the frequency of heavy precipitation; WHEREAS the IPCC Special Report on Emission Scenarios (SRES, 2000) projects an increase in global greenhouse gas (GHG) emissions of 25 to 90 per cent between 2000 and 2030; WHEREAS the IPCC observes that warming resulting from human influences could lead to some abrupt or irreversible impacts, depending on the rate and magnitude of climate change; WHEREAS the IPCC anticipates the following impacts from climate change over the next century for North America: • Decreased snow pack, more winter flooding, and reduced summer flows resulting from warming in western mountains, exacerbating competition for over- allocated water resources; • Increased aggregate yields of rain-fed agriculture by five to 20 per cent, but with important variability among regions; and major challenges for crops that are grown close to their highest suitable temperature or that depend on highly used water resources; • Increased number, intensity and duration of heat waves for cities that currently experience them, creating potential for adverse health impacts; and • Increased stress on coastal communities and habitats as a result of the interaction of climate change impacts and development and pollution; WHEREAS GHGs (e.g. carbon dioxide, methane, nitrous oxide), released from burning coal, oil and natural gas and from cutting trees and clearing land for agriculture and development, are the primary cause of climate change; WHEREAS the World Mayors and Municipal Leaders Declaration on Climate Change 2005 asserts the need for joint authority and global action on climate change; WHEREAS municipal investments in building retrofits, community energy systems, water conservation, renewable energy technologies, waste reduction, landfill gas capture, fleet management, public transit and other sustainable measures reduce operating costs, help maintain community services, protect public health and contribute to sustainable community development while cutting GHG emissions contributing to climate change; WHEREAS the Federation of Canadian Municipalities (FCM) and ICLEI–Local Governments for Sustainability have established the Partners for Climate Protection (PCP) program to provide a forum for municipal governments to share their knowledge and experience with other municipal governments on how to reduce GHG emissions; WHEREAS over 200 municipal governments across Canada representing more than 75 per cent of the population have already committed to reducing corporate and community GHG emissions through the PCP program; WHEREAS PCP participants commit to working toward reducing GHG emissions in municipal operations by a suggested target of 20 per cent below 2000 levels, and a suggested target of six per cent below 2000 levels in the community within 10 years of joining the PCP program; WHEREAS the PCP program is based on a five-milestone framework that involves completing a GHG inventory and forecast, setting a GHG reduction target and vision, developing a local action plan, implementing the plan, and monitoring progress and reporting results; BE IT RESOLVED that the Corporation of the Municipality of Bayham communicate to FCM its participation in the PCP program and its commitment to achieve the milestones set in the PCP five-milestone framework; BE IT FURTHER RESOLVED that the Corporation of the Municipality of Bayham appoint the following: a)Corporate staff person Paul Shipway, CAO (519-866-5521) b) Elected official Paul Ens, Mayor (519-866-5521) to oversee implementation of the PCP milestones and be the points of contact for the PCP program within the municipality. Respectfully Submitted by: Paul Shipway CAO REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 17, 2015 REPORT: CAO-93/15 SUBJECT: WINTER OPERATIONS PLAN - LEVEL OF SERVICE BACKGROUND The Ontario Municipal Act, 2001, identifies a Municipality's obligation to maintain roads in a reasonable state of repair, and also generally provides for three defenses for liability: i. Minimum Maintenance Standards have been met; ii. that the Municipality did not know or could not have reasonably been expected to have known the issue existed; iii. that the Municipality took reasonable steps to prevent the default from arising. In Ontario, joint and several liability is allowed in the assignment of award/damages resultant from a claim. Essentially, the outcome is that even if a defendant(s) is found to be only 1% liable for a plaintiff's damages, the defendant(s) may have to pay the share of the other defendant who may not have the resources to pay. Since Municipalities are generally well insured, and have the ability to levy taxes, Municipalities are typically named in claims due to the greater ability to pay. This is particularly true where a claimant has sustained a critical injury that has created an ongoing impairment. In November 2002, Regulation 239/02, Minimum Maintenance Standards for Municipal Highways (MMS) came into effect. Essentially, if a Municipality met the standard and documented it, they would not be negligent per Section 44(3)c of the Municipal Act. Regulation 239/02 provided for a review five years after its original implementation. A process to revise Regulation 239/02, chaired by the Ontario Good Roads Association (OGRA), culminated in a revised regulation, Regulation 23/10, coming into effect in February 2010. In the late fall of 2011, a court decision (Giuliani) was rendered that effectively created case law that negated the protection that the MMS afforded, and in particular, Tables 4 and 5 of the regulation (Tables 4 and 5 address Snow Accumulation and Icy Roads). Essentially, the decision created a new standard that went beyond the MMS. The effect on a Municipality is that a higher standard of weather monitoring and documentation and response to monitoring is required. OGRA re-called the MMS committee to further amend the regulation, to address the outcome of the Giuliani decision. As a result of the committee meetings and discussions with the province, Regulation 47/13 came into effect on January 25 2013, amending Regulations 239/02 and 23/10. The Minimum Maintenance Standards do not have to be adopted by a municipal council. The regulation is provincial, applies to all Municipalities, and is available for Municipalities to use as a defense if they have met the standard, and documented it. The more important issue is to ensure that a Municipality has the appropriate Standard Operating Procedures (SOP's) in place, and that they are communicated, followed and documented. In the fall of 2014, as an exercise in due diligence, the Municipality of Bayham, initiated a process to review practices, procedures, and documentation, as they relate to delivery of road services and compliance with the MMS regulation. The Municipality of Bayham manages its' own road system of approximately 202km and also provides contracted services to the County for those County of Elgin roads that are within the Bayham boundaries of approximately 113km of roads. The Municipality of Bayham previously passed By-law No. 2009-047, being a by-law to adopt a winter maintenance policy and considered reports on draft level of service documents that did not and do not satisfy the requirements of the Minimum Maintenance Standards for Municipal Highways. DISCUSSION The Municipality of Bayham Winter Operations Plan – Level of Service Policy, attached hereto as Appendix ‘A’, sets out a policy and procedural framework for ensuring that the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. The Municipality of Bayham Winter Operations Plan – Level of Service Policy is meant to be dynamic, to allow the municipality to evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance activities must ensure that roadway safety is not compromised. Lastly, the Municipality of Bayham Winter Operations Plan – Level of Service Policy also allows the Municipality to clearly identify and communicate how winter maintenance activities will be conducted within budget parameters. Should Council approve the attached Policy, staff will incorporate the same into the Municipal Website and into a Corporation wide Level of Service Document during 2016. The Municipality of Bayham Winter Operations Plan – Level of Service Policy, and the future Corporation wide Level of Service Policy will provide for standard messaging of service standards for the public, while also acting as an education and information mechanism. RECOMMENDATION 1.THAT Report CAO-93/15 re Winter Operations Plan - Level of Service be received for information. 2.AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Winter Operations Plan – Level of Service Policy attached hereto as Appendix ‘A’; 3.AND THAT Council direct staff to bring forward a by-law to repeal By-law No. 2009-047 in its entirety. Respectfully Submitted by: Paul Shipway CAO Municipality of Bayham Winter Operations Plan Approved by Council: December 17, 2015 DISCLAIMER This document is based on normal winter weather conditions, reliability and availability of resources both human and physical. The Municipality does not guarantee a level of service under abnormal or extreme winter conditions nor in the event of a work stoppage. It is acknowledged that conditions may occur which temporarily prevent achieving levels assigned. In such cases, efforts will be made to keep roads open, consistent with available resources. This document is designed to utilize plain language to describe the Municipality of Bayham Winter Operations Plan. If there is a conflict between a provision in this document and a provision of Ontario Regulation 239/02, the provisions of Ontario Regulation 239/02 shall apply. Section 1 – Purpose The Municipality of Bayham Winter Operations Plan sets out a policy and procedural framework for ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. The Municipality of Bayham Winter Operations Plan is meant to be dynamic, to allow the municipality to evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance activities must ensure that roadway safety is not compromised. As specified in the Code of Practice for the Environmental Management of Road Salts, the Winter Operations Plan for the Corporation of the Municipality of Bayham was endorsed by Council on December 17, 2015 Section 2 - Definitions 2.1 Anti-icing means the application of liquid de-icers directly to the road surface in advance of a winter event. 2.3 Highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. 2.4 Paved Road means a road with an asphalt surface, concrete surface, composite pavement, or Portland cement surface. 2.5 Pre-treat means the application of liquids (calcium chloride, sodium chloride, etc.) to dry sand or salt prior to being loaded for storage or applied to the road surface. 2.6 Pre-wetting means the application of liquids (calcium chloride, sodium chloride, etc) at the spinner of the truck just prior to application to the road surface. 2.7 Surface Treated Road means a road with bituminous surface treatment comprised of one or two applications of asphalt emulsion and stone chips over a gravel road. 2.8 Unpaved Road means a road with a gravel or sand surface. 2.9 Winter Event means a weather condition affecting roads such as snowfall, wind-blown snow, freezing rain, frost, black ice, etc. to which a winter event response is required. 2.10 Winter Event Response means a series of winter control activities performed in response to a winter event. 2.11 Continuous Winter Event Response means a response to a winter event with full deployment of manpower and equipment that plow/salt/sand the entire system. 2.12 Spot Winter Event Response means a response to a winter event with only a part deployment of manpower and equipment or with full deployment to only part of the system 2.13 Winter Event Response Hours means the total number of person-hours per year (plowing, salting/sanding, winging back, etc.) to respond to winter events. Section 1 – Purpose Section 2 - Definitions Section 3 - Objective The Corporation of the Municipality of Bayham is committed to improving winter maintenance operations while continuing to ensure public safety. The Corporation of the Municipality of Bayham will optimize the use of winter maintenance materials containing chlorides on all municipal roads while striving to minimize negative impacts to the environment. The Corporation of the Municipality of Bayham Staff will strive, insofar as reasonably practicable, to provide safe winter road conditions for vehicular and pedestrian traffic as set out in the level of service policies and within the resources established by the Council of the Corporation of the Municipality of Bayham. Section 4 - Policy Statement The Corporation of the Municipality of Bayham will provide efficient and cost effective winter maintenance to ensure, insofar as reasonably practicable, the safety of users of the municipal road network in keeping with applicable provincial legislation and accepted standards while striving to minimize adverse impacts to the environment. These commitments will be met by: i. adhering to the procedures contained within the Municipality of Bayham Winter Operations Plan; ii. reviewing and upgrading the Municipality of Bayham Winter Operations Plan on an annual basis to incorporate new technologies and new developments; iii. committing to ongoing winter maintenance staff training and education; and iv. monitoring on an annual basis, the present conditions of the winter maintenance program, as well as the effectiveness of the Municipality of Bayham Winter Operations Plan. Section 5 – Winter Maintenance Program The major activities related to winter maintenance are: •snow plowing •salt/sand application •salt/sand storage •snow removal •sidewalk plowing •anti-icing The Corporation of the Municipality of Bayham is responsible for winter maintenance on: Table 1 For the purposes of this winter operations plan, the highways under the jurisdiction of the Corporation of the Municipality of Bayham have been classified (Class 1, 2, 3, 4, 5) as per the following Table 2 which is based on the Classification of Highways table included in Ontario Regulation 239/02. Road Type Distance Paved Roads 264 Lane KM Surface Treated Roads 210 Lane KM Unpaved Roads 123 Lane KM Sidewalks 18 KM Section 3 - Objective Section 4 - Policy Statement Section 5 – Winter Maintenance Program Table 2 For the purposes of Table 2, the average annual daily traffic on a highway or part of a highway under the jurisdiction of the Corporation of the Municipality of Bayham shall be determined by: i. counting and averaging the daily two-way traffic on the highway or part of the highway; or ii. estimating the average daily two-way traffic on the highway or part of the highway. Table 3 summarizes the road system in the Municipality of Bayham as follows: Table 3 Average Annual Daily Traffic (number of motor vehicles) Posted or Statutory Speed Limit (kilometres per hour) 91-100 81-90 71-80 61-70 51-60 41-50 1-40 15,000 or more 1 1 1 2 2 2 2 12,000 - 14,999 1 1 1 2 2 3 3 10,000 - 11,999 1 1 2 2 3 3 3 8,000 - 9,999 1 1 2 3 3 3 3 6,000 - 7,999 1 2 2 3 3 3 3 5,000 - 5,999 1 2 2 3 3 3 3 4,000 - 4,999 1 2 3 3 3 3 4 3,000 - 3,999 1 2 3 3 3 4 4 2,000 - 2,999 1 2 3 3 4 4 4 1,000 - 1,999 1 3 3 3 4 4 5 500 - 999 1 3 4 4 5 5 5 200 - 499 1 3 4 5 5 5 5 50 - 199 1 3 4 5 5 5 5 0 - 49 1 3 6 6 6 6 6 Paved Lane/KM Surface Treated /KM Unpaved Lane/KM Rural Urban Rural Urban Rural Urban Class 1 0 0 0 0 0 0 Class 2 0 0 0 0 0 0 Class 3 130.86 0 0 0 0 0 Class 4 64.648 0 0 0 0 0 Class 5 25.6 45 206 4 121 2.6 Class 6 0 0 0 0 0 0 Section 6 – Level of Service 6.1 Weather Monitoring From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more frequent, at intervals determined by the municipality. From May 1 to September 30, the minimum standard is to monitor the weather, both current and forecast to occur in the next 24 hours, once per calendar day. In order to determine an effective winter event response and allocate the appropriate resources the Corporation of the Municipality of Bayham supplements road patrol information with weather information from various sources which includes: i. observations from municipal staff; ii. communication with staff of adjacent municipalities and MTO contractors; iii. monitoring www.weathernetwork.com iv. monitoring pavement temperatures by means of on-board infrared thermometers which are mounted on the patrol and other trucks, and; v. RWIS data and pavement temperature forecasts from municipally owned stations or via a data sharing agreements with other municipalities and/or the Ministry of Transportation 6.2 Snow Accumulation The minimum standard for addressing snow accumulation is, after becoming aware of the fact that the snow accumulation on a roadway is greater than the depth set out in the Table 4, to deploy resources as soon as practicable to address the snow accumulation, to provide a minimum lane width of the lesser of three metres for each lane or the actual lane width, or on a Class 4 or Class 5 Highway with two lanes, to provide a total width of at least five metres. If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table 4, the roadway is deemed to be in a state of repair with respect to snow accumulation. For the purposes of this section, the depth of snow accumulation on a roadway may be determined by a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the following: i. Patrolling highways; ii. Performing highway maintenance activities. The depth of snow accumulation on a roadway may be determined by: i. performing an actual measurement; ii. monitoring the weather; or iii. performing a visual estimate. Section 6 – Level of Service SNOW ACCUMULATION Table 4 6.3 Ice Formation The minimum standard for the prevention of ice formation on roadways is doing the following in the 24- hour period preceding an alleged formation of ice on a roadway: i. Monitor the weather in accordance with Section 6.1; ii. Patrol in accordance with Ontario Regulation 239/02. If the municipality determines, as a result of its activities that there is a substantial probability of ice forming on a roadway, the Municipality may treat the roadway to prevent ice formation within the time set out in the Table 5, starting from the time that the municipality determines is the appropriate time to deploy resources for that purpose. If the municipality meets the minimum standard set out Section 6.3 and, despite such compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of, the time that the municipality becomes aware of the fact that the roadway is icy; or the applicable time set out in the Table 5 for treating the roadway to prevent ice formation expires. The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a roadway is icy is to treat the icy roadway within the time set out in the Table 5, and an icy roadway is deemed to be in a state of repair until the applicable time set out in the Table 5 for treating the icy roadway expires. For the purposes of this section, treating a roadway means applying material to the roadway, including but not limited to, salt, sand or any combination of salt and sand. ICY ROADWAYS Table 5 Class of Highway Depth Time 1 2.5 CM 4 HRS 2 5 CM 6 HRS 3 8 CM 12 HRS 4 8 CM 16 HRS 5 10 CM 24 HRS Class of Highway Time 1 3 HRS 2 4 HRS 3 8 HRS 4 12 HRS 5 16 HRS 6.4 Public Information Levels of Service The Municipality of Bayham has developed carefully planned levels of winter road service to combat the diverse winter weather conditions. A combination of Municipally-owned vehicles and contracted units provide effective snow plowing services to Elgin County and Municipality of Bayham roads through the highway priority route system. This system assigns priority to all County Roads with the highest traffic in the Municipality. To ensure the safety of drivers and pedestrians, these County Roads routes are serviced on a priority basis. Bayham Roads are attended to regularly, but less often than Elgin County Roads. Local Hamlet Roads and select sidewalks are maintained by Contractors under Agreements with the Municipality of Bayham. Winter Operations Priority Index 1) Elgin County Roads a. See Appendix ‘A’ b. By-law No. 2013-088 2) Municipality of Bayham Rural Roads a. See Appendix ‘B’ 3) Municipality of Bayham Local Hamlet Roads & Select Sidewalks a. See Appendix ‘C’ b. Completed by Contractor under Agreement with the Municipality i. By-law No. 2015-104 c. Please note, only select sidewalks are maintained for winter operations. The Municipality does not perform snow removal operations around community mailboxes; please contact Canada Post for snow removal in this area. 6.5 Residents Information Winter Parking Restrictions As per the Municipality of Bayham Traffic By-law, parking is not permitted on any Municipal streets from 3:00am–5:00am. This ensures the Municipality can completely clear streets of snow and that emergency vehicles can get down the street. Children’s Safety Please ensure that children do not play where snow is piled at the side of the road or in the middle of courts where municipal equipment operators may not see them. Driveways Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the driveway. Standing in the driveway and looking at the street determines the right side. Clearing Snow on Private Property The Municipality devotes a great deal of resources to keep the streets and select sidewalks clear of snow and ice. Residents often deposit snow and ice from their property onto the street or sidewalk not realizing that this contravenes municipal regulations, contributes to unsafe driving and walking conditions and increases the cost of providing winter road maintenance. When property owners are clearing snow from private driveways, please keep this snow on your property. Your efforts in helping the Municipality make winter driving and walking safe for everyone is appreciated. Fire Hydrants The Municipality of Bayham has approximately 118 fire hydrants that need to be cleared of snow fall. The Municipality works hard to keep hydrants clear and available for emergencies, however with heavy snow falls, this can be challenging. Residents are asked to assist by keeping fire hydrants on their properties clear of snow. Hydrants should have a clearing of one metre (3 ft.) all around and there should be a clear path to the street to ensure firefighters can readily access them. A hydrant can help save lives and property in your community, if you see a hydrant that’s buried this winter, please do the neighbourly thing and dig it out. Damage to Sod Sidewalk plowing presents many challenges. It is difficult to tell exactly where the edge of the sidewalk is and when the ground is not frozen some sod damage may occur. Damage to Municipal sod, pavement and municipally owned trees will be repaired in the spring. Contact the Municipal Office when you notice damage and your address will be added to a list for repair when materials are available. To facilitate the removal of snow from sidewalks and to prevent damage to private property, residents are required not to place cars, fences, posts, hedges, shrubs, driveway curbs or other obstructions on the road allowance. The Municipality will not be responsible for damage to items placed on Municipal property by property owners. Mailbox Replacement The Municipality will re-install mailboxes damaged as a result of maintenance activities of an appropriate standard in an appropriate location. Installation Standards i. The post shall be a 4”x4” wooden post. ii. Posts will be installed at the rounding of the shoulder, in order that the opening of the mailbox is at the edge of the shoulder with the bottom of the box being (3.5') above the edge of the edge of the shoulder. iii. Mailboxes on a cantilever arm must meet the same height and setback requirements. iv. Mailboxes will be placed on the right hand side of road according to the courier’s line of travel in a position where the courier can reach and service it from his vehicle without being an impediment to pedestrian or vehicular traffic, where possible. v. Replacement boxes shall be a standard size weather resistant steel rural type mailbox. Limitations & Exclusions i. The Municipality is responsible for the replacement and reinstallation of a mailbox that has been removed or damaged by being physically hit by snow plowing equipment. At the sole, absolute and unfettered discretion of the Road Operations Supervisor, the Municipality will repair when possible or replace a mailbox, if beyond repair, damaged by a snow plow that has physically hit the box. ii. Mailboxes hit by snow coming off the plow will not be replaced by the Municipality. The responsibility for maintaining mailboxes lies with the owner of the box. Mailbox owners are required to repair their own mailboxes that have been damaged by snow impact. iii. Where any mailbox has been damaged by operations activities, it will be replaced with a standard mail box and post arrangement with a maximum value of $50.00. Timing of Installation i. The damaged mailbox will be replaced as soon as weather and manpower permit, at the sole, absolute and unfettered discretion of the Road Operations Supervisor. Completion of Winter Control Services on the roadway is a priority. Roadside Snow Removal Roadside snow removal operations are only completed within the defined urban communities in the downtown cores of Straffordville, Vienna, and Port Burwell. Roadside snow removal operations are undertaken when the available snow storage capacity on street will no longer accommodate further snow accumulations. The purpose of snow removal operations is not necessarily for pedestrian convenience but for road safety. If sufficient storage is lacking along roadway corridors and sight lines are impeded, snow removal may be scheduled at the earliest opportunity as per the following standards. i. Roadside snow removal operations may be scheduled and undertaken when the snow banks combined average height and width exceeds a value greater than 1.8 m (6’). ii. Whenever sightline and safety are compromised as determined by the Road Operations Supervisor or designate. iii. Measurements shall not be made until 72 hours following the cessation of a storm event iv. Snow removal shall only commence when reasonably feasible within the confines of the Municipal equipment and staff inventory. Assistance to Private Property Owners Under no circumstances will a municipal employee be permitted to use municipal equipment to push, pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if a hazard exists, shall use the two way radio to notify dispatch of the impending danger. Winter Operations - Frequently Asked Questions 1. What happens when it starts to snow? The Municipality of Bayham subscribes to an advanced weather forecasting service. Depending upon the timing and nature of the pending storm, staff are brought in to commence winter maintenance activities. Once the storm starts, or is completed, municipal equipment is sent out on designated routes to apply materials as necessary. 2. Why do I never see a municipal equipment when it snows? It all depends upon where you live. The Municipality's main routes are Elgin County Roads. Depending upon the time of day, traffic volumes and snowfall amounts, the average routes can take varying hours to complete one pass. The municipal equipment will continue back over these routes until the storm has stopped and these roads are clear of snow and ice. 3. Why does the plow not remove all of the snow from my road? The plows are designed to ride on "guides" (shoes) that raise the blade approximately 13 millimetres (0.5 inches) from the surface of the roadway. This is done to prevent damage to both the vehicle and infrastructure from raised manholes, catch basins or water valves. Once the street has been plowed and sanded, the interaction of the material and vehicular traffic is required to melt the remaining snow cover. Streets with low traffic volumes will therefore remain snow covered longer. 4. Why do the plows always push snow into my driveway? For a resident this can be quite annoying, but unfortunately it cannot be helped. The snow must be removed from the travelled portion of the road. When the Municipality receives a heavy snowfall, if possible, do not shovel your driveway until after the plow has gone by. If you must shovel do not throw the snow out onto the roadway as you may create a hazard for another vehicle, and if an accident were to occur you might be held liable. Section 7 - Winter Maintenance Season The winter maintenance season within which the Corporation of the Municipality of Bayham will perform winter highway maintenance commences on November 15th, 2015 and is completed March 25th, 2016 Section 8 - Winter Preparations In the months prior to the start of the winter maintenance season, as identified in Section 7, the Corporation of the Municipality of Bayham undertakes the following tasks to prepare for the upcoming winter season. 8.1 Prior to the Winter Season Prior to the Winter Season the Municipality will: i. If required, prepare and call tenders for the supply of materials (salt, sand, liquid), replacement parts (for plows, solid and liquid application equipment), value added meteorological services (VAMS) and contract equipment (plow trucks, spreader trucks, combination units). ii. Conduct a mandatory training session for staff and contract operators where all policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and safety precautions will be discussed. Any issues resulting from the meeting with regard to the policies, procedures, schedules, reporting procedures for callout, route maps, equipment training and safety precautions shall be resolved either at the meeting or prior to the winter season. iii. Train winter patrollers (or staff whose duties also include patrolling) on the route of representative roads to be patrolled between winter events, their duties during a winter event, recording keeping requirements and callout procedures and the anti-icing chemicals to be applied for the forecast weather conditions. iv. Inspect equipment to ensure proper working order. Schedule and complete any and all equipment repairs. 8.2 One Month Prior to the Winter Season One month prior to the winter season the Corporation of the Municipality of Bayham will: i. Post the winter shift schedule in accordance with the municipality's collective agreement, if any. ii. Calibrate material application equipment. iii. Allow operators (staff and contract) time to familiarize themselves with any new equipment, material application rates, material application equipment and their route (driving the route and noting obstacles along the route). iv. Have a 50 % of the fleet ready to respond to a winter event. v. Have sufficient staff available to operate the fleet if conditions warrant a winter event response. 8.3 At the Start of the Winter Season At the start of the winter season the Municipality of Bayham will: i. Implement the winter shift schedule. ii. Begin patrolling representative roads in all maintenance classes. iii. Respond to winter events as per the winter operations plan. Section 7 - Winter Maintenance Season Section 8 - Winter Preparations Section 9 - Winter Patrol During the winter maintenance season, the Corporation of the Municipality of Bayham carries out a winter patrol on a route of representative roads, as per Appendix ‘D’ twice daily, seven days a week. Between winter events a patrol of representative roads will occur during daylight hours and a second night patrol will be also be scheduled. The purpose of the patrol is to monitor and record weather and road conditions and mobilize winter maintenance operators and equipment should a winter event be observed and a winter event response is required. On the approach of a winter event or during a winter event the route of representative roads may be modified, insofar as reasonably practicable, depending on the type and severity of winter event or the direction from which the storm approaches. Section 10 – Operations The Corporation of the Municipality of Bayham adheres to the hours of service as set out in the Highway Traffic Act, Ontario Regulation 555/06. 10.1 Winter Materials Used Annually Table 6 * Percentage of salt in sand/salt mix by weight 10% 10.2 Facilities The municipality provides winter maintenance services from the patrol yard listed below. The patrol yard has a front end loader capable of loading the winter maintenance fleet with sand or salt. Municipality of Bayham Public Works Yard 8354 Plank Rd Bayham, ON Equipment Storage Details: Nine bay pre-engineered steel building with a partially paved lot There is enough room in the bays to store 4 tandems, a loader, a grader, and the vac trailer. During winter months most of the equipment is stored indoors and seasonal equipment such as road side grass cutters are stored at a different facility. Material Storage Details: All granular road construction material is stored outside. Salt and sand is stored within the storage dome. 10.3 Communications All winter maintenance vehicles are equipped with two way communications (radios, cell phone, etc.). Municipal staff is responsible for reporting changing winter weather and/or road conditions as the changes are observed. Material 5 Year Average Rock salt (NaCl)1200 tonnes Sand 3000 tonnes Sand and salt mix*3000 tonnes Salt brine (NaCl)60000 Liters Section 9 - Winter Patrol Section 10 – Operations Spectrum Communications provides a call centre which serves as the main hub for in/outgoing calls from staff, emergency services and the general public. The Call Center: Can be reached by calling 519-866-5521and is manned by Spectrum Communications outside normal business hours. The Municipality of Bayham communicates important information to the public via the municipal website www.bayham.on.ca 10.4 Authority Operational decisions will be made by the Road Operations Supervisor Ed Bradfield or designate with the aid of available forecasting, level of Service policy, patrolling etc. However, it should be emphasized that decisions will be subjective and external input, whether in this plan or elsewhere, merely acts as an aid in determining if a call out of staff and equipment by the Road Operations Supervisor. Section 11 - Decommissioning Winter Operations After the winter season expires the Corporation of the Municipality of Bayham ceases all winter highway maintenance operations and decommissions the remainder of the equipment providing weather forecasts warrant the decommissioning. Section 12 - Training The Corporation of the Municipality of Bayham provides winter operations training for all staff involved in the delivery of winter services. It is compulsory for the municipal staff to attend the training sessions. Current Winter Operations Trainings: i. Equipment Circle Check ii. Equipment Calibration Record Keeping iii. Health & Safety iv. Winter Operations Section 13 - Record Keeping Full and accurate completion of documentation, according to the applicable procedures, ensures that the Municipality is protected from liability by providing solid due diligence that procedures have been followed. Staff, or the on-board data collection system, is responsible for keeping the following records: i. CVOR Time Card ii. Materials Used iii. Route Plowed iv. Winter Patrol Diary v. Weather/RWIS Information vi. Equipment Calibration Records Section 11 - Decommissioning Winter Operations Section 12 - Training Section 13 - Record Keeping Section 14 - Monitoring and Updating The purpose of monitoring and updating is to provide a basis for continuous improvement of the Municipality of Bayham Winter Operations Plan and the winter maintenance policies, practices and procedures of the Corporation of the Municipality of Bayham. The current winter maintenance policies, practices and procedures form the baseline or benchmark upon which improvements can be made to improve winter operations and/or the use and management of road salt in the future. The Corporation of the Municipality of Bayham plans to undertake continual improvements to ensure the most efficient and effective winter operations. At the end of the winter season a meeting to review winter operations will be held with all winter operations staff to itemize all issues that arose during the winter season and discuss how these issues may be resolved. Prior to the start of the next winter season and with sufficient lead time to implement any changes, the Corporation of the Municipality of Bayham will train staff on the changes to equipment and/or winter maintenance policies, practices, and procedures. Year over year performance measures will be used to determine whether or not the objectives of the Municipality of Bayham Winter Operations Plan and/or winter maintenance policies, practices, and procedures have been met and to identify areas for improvement. i. Monitoring the salt used: % change (+/-) in the total tonnes of salt purchased annually from the benchmark year % of applications where discharge rates exceeded % change (+/-) in the total tonnes of salt applied annually per system km per winter event ii. Ensuring community satisfaction % change (+/-) in the total number of winter event responses that meet or exceed the level of service policy from the benchmark year % change (+/-) in the total number of complaints received regarding winter operations from the benchmark year Section 14 - Monitoring and Updating 210.71 Lane KM Plow Route - PR 1 203.04 Lane KM Plow Route - PR 2 150.63 Lane KM Plow Route - PR 3 169.61 Lane KM Plow Route - PR 4 156.83 Lane KM Plow Route - PR 5 204.37 Lane KM Plow Route - PR 6 C H A T H A M S T R E E T P L A N K R O A D R O B I N S O N S T R E E T V I C T O R I A S T R E E T PITT STREET N O V A S C O T I A L I N E A D D I S O N S T R E E T B R I D G E S T R E E T E R I E U S S T R E E T S T R A C H A N S T R E E T WELLINGTON STREET ASHLEY AVENUE E L I Z A B E T H S T R E E T WATERLOO STREET M I L T O N S T R E E T S H A K E S P E A R E S T R E E T B A R B A R A A V E N U E BROCK STREET GLEN ERIE LINE LIBBYE STREET H U R L E Y S T R E E T COWPER STREET HOMER STREET WILLIAM STREET BURWELL STREET SOUTHEY STREET B R O W N R O A D TENNYSON STREET GRACE COURT B O D S W O R T H A L L E Y H A G E R M A N S T R E E T Key Map µ0 200 400 600100 Meters Winter Maintenance Streets AREA 1 PORT BURWELL STREETS • Addison Street (Nova Scotia – Libbye) • Bodsworth Lane • Brock Street • Burwell Street • Cowper Street • Elizabeth Street • Erieus Street • Fay Street • Hannah Street • Homer Street • Howard Street (to Submariners Way) • Hurley Street • Libbye Avenue • Libbye Street • Milton Street • Newton Street • Pitt Street • Shakespeare Street • Southey Street • Strachan Street • Tennyson Street • Victoria Street (Pitt to Wellington) • Waterloo Street • William Street • Wilson Lane PORT BURWELL PARKING LOTS • Fire Hall – Nova Scotia Line • Library Parking – 21 Pitt Street • Pump Stations (Brock and Union) • Sewage Treatment Plant – 1 Chatham Street Malahide Bayham Sidewalks P L A N K R O A D E D I S O N D R I V E VIENNA LINE C E N T R E S T R E E T O A K S T R E E T C H A P E L S T R E E T F U LT O N S T R E E T E L M S T R E E T A N N ST R EE T N O R T H S T R E E T U N I O N S T R E E T S O P E R R O A D TUNNEL LINE O L D M I L L L I N E C H E S T N U T S T R E E T C H U T E L IN E PEARL STREET KING STREET EAST P I N E S T R E E T WALNUT STREET QUEEN STREET S N O W S T R E E T F R O N T S T R E E T Key Map µ0 230 460 690115 Meters Winter Maintenance Streets AREA 2 VIENNA STREETS • Ann Street • Centre Street (North of Fulton Only) • Chapel Street (to top of the hill) • Chestnut Street • Edison Street • Elm Street • Front Street • King Street • North Street • Oak Street • Otter Street • Pearl Street • Pine Street • Queen Street • Snow Street • Union Street • Walnut Street • Water Street VIENNA PARKING LOTS • Community Centre • Pump Station # 6, 54 Front St. Malahide Bayham Sidewalks P L A N K R O A D HERITAGE LINE S A N D Y T O W N R O A D G A R N E R R O A D MAIN STREET 3RD STREET 1ST STREET W E S T S T R E E T 4 T H S T R E E T E A S T S T R E E T 2ND STREET BOARDWALK LINE ARTHUR STREET O L D C H A P E L S T R E E T 5TH STREET D U K E S T R E E T S H O R T S T R E E T DONNELLY DRIVE G A R N H A M S T R E E T E L G I N S T R E E T HESCH STREET W E S T S T R E E T Key Map µ0 160 320 48080 Meters Winter Maintenance Streets AREA 3 STRAFFORDVILLE STREETS • Alward Street • Arthur Street • CPR Laneway (to dead end) • Donnelly Street • Duke Street • East Street • Elgin Street • Fifth Street • First Street • Fourth Street • Garner Road (Heritage to Wardwalk) • Garnham Street • Hesch Street • Main Street • Old Chapel Street • Second Street • Short Street • Third Street • Wardwalk Line • West Street STAFFORDVILLE PARKING LOTS • Firehall • Municipal Office/Library/Pump Station #2 • Pumping Station (8971 Plank Road, 9352 Garner Rd. and 56826 Heritage Line) • Straffordville Community Centre Malahide Bayham Sidewalks BEST LINE C U L L O D E N R O A D G E O R G E S T R E E T H E N R Y S T R E E T Key Map µ0 100 200 30050 Meters Winter Maintenance Streets CORINTH STREETS • Corinth Streets • George St. • Henry St. • Peters Court • Shady Lane Malahide Bayham Sidewalks P L A N K R O A D EDEN LINE GRAY STREET T R A V I S S T R E E T Key Map µ0 60 120 18030 Meters Winter Maintenance Streets EDEN STREETS • Gray Street • Travis Street EDEN PARKING LOTS • Eden and Area Community Centre – 56967 Eden Line • Pump Station #1 – 11403 Plank Road Malahide Bayham Sidewalks H E R I T A G E LI N E R I C H M O N D R O A D HOOVER VALLEY ROAD J O H N S T R E E T C H U R C H S T R E E T J A M E S S T R E E T R I C H M O N D R O A D Key Map µ0 100 200 30050 Meters Winter Maintenance Streets RICHMOND STREETS • Church Street • Hoover Valley Road • James Street • John Street • Richmond Road RICHMOND PARKING LOT • Richmond Water Treatment Plant, 9190 Richmond Rd. Malahide Bayham Sidewalks Route of Representative Roads THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-123 A BY-LAW TO ESTABLISH A POLICY RESPECTING MUNICIPAL CLOSED MEETING INVESTIGATIONS WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001, c. 25, S. 270, a municipality shall adopt and maintain policies to ensure that a request for an investigation under Section 239 of the Municipal Act, 2001 as amended (the Act) is dealt with in a fair, open and expeditious manner. AND WHEREAS Council for the Corporation of the Municipality of Bayham deems it necessary and expedient to establish such policy under the provisions of the Municipal Act or its regulations by by- law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Policy Respecting Municipal Closed Meeting Investigations marked as Schedule “A” attached hereto and forming part of this By-law be and the same is hereby adopted. 2. THAT this By-law shall come into force and effect upon the date if its enactment. 3. THAT By-law No. 2008-009 be repealed in its entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF December 2015. MAYOR CLERK Schedule “A” to B/L 2015-123 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM POLICY FOR MUNICIPAL CLOSED MEETING INVESTIGATIONS Section 1 - Policy Statement 1.1 The Municipality of Bayham is committed to ensuring that a request for an investigation under Section 239 of the Municipal Act, 2001 as amended (the Act) is dealt with in a fair, open and expeditious manner. 1.2 The municipality commits to full co-operation including the provision of all information requested by the Municipal Closed Meeting Investigator (the Investigator), either written or through interviews, to assist the Investigator in his investigations. 1.3 The municipality commits to including any report received from the Investigator related to an investigation under the Act, on a public agenda and to considering such report in an open public meeting of Council or a Committee of Council. 1.4 This policy shall be posted on the municipal website and available from the Municipal Office. 1.5 This policy applies to all appointed Boards as defined in the Municipal Act. Section 2 - Background: 2.1 By-law No. 2007-093 appoints Mr. John Maddox (JGM Consulting) as a Municipal Closed Meeting Investigator and authorizes him to conduct investigations upon receipt of a complaint in respect of meetings or part of meetings that are closed to the public to determine compliance with the Act or the Municipal Procedural By-Law and to report on the results of such investigations. Section 3 - Complaints Procedures: 3.1 Members of the public are encouraged to speak directly with the Clerk regarding a Complaint in order to resolve any concerns prior to beginning the for mal complaint process. 3.2 Members of the public may submit complaints to the Clerk and/or the Investigator relating to compliance with the Act or the Municipal Procedural By-law for meetings or part of meetings that are closed to the public. 3.3 All complaints will be treated as confidential, unless authorization is given by the complainant to release his or her identity. 3.4 Every request for an investigation shall be initiated through the submission of the "Municipal Investigation Complaint Form" ("Complaint Form") provided. The said Complaint Form shall be made available to the public through the Municipal Office or can be downloaded from the Municipal website at www.bayham.on.ca . 3.5 A completed Complaint Form shall be submitted to either the Clerk's Office or directly to t he Closed Meeting Investigator, in accordance with the following: 3.5.1 By delivery to the Clerk in a sealed envelope clearly identified as a Complaint under Section 239 of the Municipal Act, or 3.5.2 By mail directly to: John Maddox, Municipal Closed Meeting Investigator 99 Edgevalley Road, Unit #42 London, Ontario N5Y 5Nl 3.5.3 By Email to maddoxjo@sympatico.ca 3.6 Inquiries only may be made by telephone at 519-951-0330 during regular office hours. 3.7 All complaints must contain:  Name of Municipality  Complainant's name, mailing address, telephone number and e-mail address (if applicable)  Date of Closed Meeting under consideration  Nature and Background of the particular occurrence  Any activities undertaken (if any) to resolve the concern  Any other relevant information  Direction with respect to release of identity  Original signature 3.8 When complaints are submitted directly to the Clerk, the Clerk sh all follow the following procedures: 3.8.1 Take all measures to ensure the envelope remains sealed and its contents remain confidential; 3.8.2 Assign a file number and record said file number on the envelope; 3.8.3 Log the file number together with the date and time received; 3.8.4 Forward, forthwith to the Investigator by regular mail or email. 3.9 For all complaints, the municipality shall supply forthwith the following or any other information or documentation as requested by the Investigator related to a complaint: 3.9.1 Certified copy of Notice of Meeting 3.9.2 Certified copy of Agenda 3.9.3 Certified copy of Minutes of Meeting 3.9.4 Relevant Resolutions 3.9.5 Municipal contact list 3.9.6 Other ATTACHMENT “A” TO SCHEDULE “A” OF BY-LAW NO. 2015-123 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COMPLAINT FORM MUNICIPAL INVESTIGATION IN ACCORDANCE WITH Section 239 of the Municipal Act 2001 (As Amended) PLEASE FORWARD COMPLETED FORMS TO: John Maddox JGM CONSULTING #42 – 99 Edgevalley Road London, Ontario N5Y 5N1 maddoxjo@sympatico.ca Page 1 of 3 COMPLAINT FORM FOR MUNICIPALITY OF BAYHAM INVESTIGATION Section 239 – Municipal Act 2001 (As Amended) COMPLAINANT ‘S NAME ADDRESS TELEPHONE HOME WORK E-MAIL CAN YOUR IDENTITY BE REVEALED DURING THE INVESTIGATION? YES [ ] NO [ ]  PERSONAL INFORMATION IS COLLECTED UNDER THE AUTHORITY OF SECTION 239 OF THE MUNICIPAL ACT 2001 (AS AMENDED) AND WILL BE USED BY THE MUNICIPAL INVESTIGATOR TO CARRY OUT AN INVESTIGATION UNDER THE ACT. NAME OF MUNICIPALITY DATE OF CLOSED MEETING MUNICIPAL CONTACT NAME TELEPHONE BACKGROUND This should provide as much information as is required to explain the nature and background of the particular occurrence. (i.e.) Timing; Municipal Contact; Municipal Explanation. Page 2 of 3 ACTION Activities that the complainant has undertaken to resolve the matter. SUMMARY / COMMENTS __________________________ ____________________________________________ Date of signature Signature of Complainant Page 3 of 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015-125 BEING A BY-LAW TO REPEAL BY-LAW 2009-047 ESTABLISHING A POLICY FOR WINTER CONTROL FOR THE MUNICIPALITY OF BAYHAM WHEREAS the Council of the Corporation of the Municipality of Bayham did on the 2nd day of April, 2009 by By-law 2009-047 authorize a by-law to establish a policy for winter control for the Municipality of Bayham; AND WHEREAS the Council of the Municipality of Bayham determines the policy no longer effective; AND WHEREAS the Council of the Municipality of Bayham deems it necessary and expedient to repeal such by-law; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2009-047, establishing a Policy for Winter Control in the Municipality of Bayham, be hereby repealed. READ A FIRST, SECOND AND THIRD TIME THIS 17th DAY OF DECEMBER 2015. ________________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2015 - 126 A BY-LAW TO ASSUME AND ESTABLISH LANDS IN THE MUNICIPALITY OF BAYHAM AS PART OF THE OPEN PUBLIC HIGHWAY SYSTEM (CREEK ROAD) WHEREAS the Municipality of Bayham acquired property for the purpose of correcting historic defects in land ownership from the County of Elgin for the road known as Creek Road (Part 1, RP 11R-9986); AND WHEREAS the Municipality of Bayham has not historically dedicated any parts of RP 11R-9986 as part of the open public highway system; AND WHEREAS the Council of the Municipality of Bayham desires to establish the said parcel of land, being Parts 1 & 2 11R-9986, as part of the open public highway system of the Municipality pursuant to Section 31(2) of the Municipal A ct, 2001, S.O. 2001, c. 25, as amended. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the parcels of land listed below and situated in the Munic ipality of Bayham in the County of Elgin is hereby assumed and established as part of the open public highway system of the Municipality of Bayham: Description Public Highway Name Parts 1 & 2 11R-9986 Creek Road 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Registry for the Registry Division 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, SECOND TIME AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF DECEMBER 2015. _____________________________ ___________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015 – 127 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 17, 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 December 17, 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 17th day of December, 2015. ____________________________ _____________________________ MAYOR CLERK