HomeMy WebLinkAboutBy-law No. 2000-060 CORPORATION OF TIlE
MUNICIPALITY OF BAYHAM 411
BY-LAW NO. 2000-60 {,� )414)'111111 �w
A BY-LAW TO AUTHORIZE THE EXECUTIOT
OF AN AGREEMENT BETWEEN THE
MUNICIPALITY OF BAYHAM
AND
DILLON CONSULTING LIMITED
FOR THE PROVISION OF CONSULTING SERVICES
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Dillon Consulting Limited for the provision of consulting
services in the Municipality of Bayham to provide an Assessment and Management Study for the
Port Burwell Harbour area and facilities, in accordance with their proposal dated May 1.1, 2000;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and.Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule"A" and forming part of this by-law between Dillon
Consulting Limited and the Municipality of Bayham for the provision of consulting
services for the Municipality of Bayham;
2. THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 22"d
DAY OF JUNE,2000.
7/00.124,--).
joy"UTY MAYO DEUTY CLE
Schedule "A "to By-law 2000-60
THIS AGREEMENT made in triplicate this 22"day of June, 2000.
BETWEEN:
DILLON CONSULTING LIMITED
Hereinafter referred to as"the Consultant"
OF THE FIRST PART
- and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Hereinafter referred to as "the Municipality"
OF THE SECOND PART
WHEREAS the Municipality of Bayham is desirous of entering into an Agreement for consulting services
for the provision of an Assessment and Management Study of the Port Burwell Harbour Facilities.
NOW THIS AGREEMENT WITNESSETH AS FOLLOWS:
1. The Consultant hereby covenants and agrees to provide consulting services for the supply of an
Assessment and Management Study for the Port Burwell Harbour area and facilities in accordance with
the terms as specified in their proposal dated May 14, 2000, a copy of which is attached hereto as
Appendix"A".
2. The Municipality hereby covenants to pay for such services as described in Appendix"A" upon
completion of the works and receipt of the appropriate invoice, in the amount of$18,646.00 inclusive
of all Consultant expenses,but exclusive of taxes.
3. This Agreement may be terminated by the Municipality at any time, in which case Dillon's fees and
expenses shall be paid on up to the date that Dillon received notice of abandonment or suspension.
Neither party shall assign this agreement without the consent in writing of the other.
IN WITNESS WHEREOF THE CORPORATE SEAL OF THE MUNICIPALITY IS HEREUNTO
AFFIXED AND ATTESTED BY THE PROPER SIGNING OFFICERS THEREOF.
AUTHORIZATION THE CONTRACTOR
Date
Date
AUTHORIZATION THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2000-60
'Twit
it
e ty Mayor(JolinNezezon) Date
/ z JLoic a 3,2000
Deputy Clerk Green Beatty) Date
ru+r 161 'WU 1520 FR 416 229 4692 TO 15198663884 P.02/06
6.-I
Appendix"A"to Agreement
(Schedule"A"to By-law 2000-60)
May 1,2000
Mr,Kyle Kruger C.M.O.
Administrator DILIOlT
The Municipality of Bayham CONSULTING
PO Box 160,9344 Plank Road
Straffordville,Ontario
NO) IYO teassvi,I.„ti
?stn E1q.
Dear Mr.Kruger:
wino.Ontario.
1Canada
Re: Port Burwell Assessment and Management Strategy 1+.{2t4(Ni
Mail:Box 185(1.
Fisheries and Oceans Canada(DFO)has requested that the Municipality of Bayham Nardi vnrk.
consider the transfer of federal assets at Port Burwell to the Municipality as part of the (,,,i;;ria.Canada
Federal Divestment Program. Prior to any serious consideration of the transfer,certain
information and analysis must be undertaken to make a decision whether to assume this Nt2tv 611`)
asset or not. Further to your request,we are pleased to submit this proposal to provide
professional consulting services to the Municipality of Bayham. (41()229.4646
Fax
Our proposed work plan will provide the following information: (116)22e-44,92
❑ clarification of the ownership and tenure pattern for the lands proposed
for transfer and abutting properties;
C] summation and evaluation of contingent liabilities including:
• leases responsibilities;
IR short and long term financial commitments with respect to
dockwall infrastructure,dredging and channel markers;and,
• environmental and other potential liabilities;
❑ summation of assets and potential revenue sources including development
potential of adjacent lands;
I] evaluation of Port Burwell's economic role locally and regionally;and
❑ recommendations,based on the foregoing,for municipal action and
potential negotiating terms.
PROPOSED WORK PLAN
The goal of this study is to provide Council with sufficient information to make sound
judgements with respect to Port Burwell and provide assistance in future negotiations
with DFO.
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Dillon Consulting
Limited
rlHY ei 'lam 15:21 FR 416 229 4692 TO 15198663884 P.03/
eG
Task I-Conduct Project Initiation Meeting
On acceptance of our proposal,Mark Conway and Carolyn Lane will meet with
key members of your staff and staff at DFO to:
❑ obtain existing information(i.e.,available reports,snapping,etc.);
❑ review,refine and revise the work plan as required;
❑ confirm the study scope,schedule and budget;and,
i7 conduct a site visit.
Task 2-Conduct Technical Review
The technical review will include available data from previous studies specific to
Port Burwell(identified in Municipality's memo)and an examination of
redevelopment plans that may be forthcoming for other existing port facilities on
Lakes Erie,Huron and Ontario.
Task 3-Land Use and Tenure
We will develop a detailed Land Use and Tenure description(including mapping)
that will provide Council and staff with a clear picture of the proposed waterlot,
dock and pier structures to be transferred. The mapping will also provide
information with respect to the ownership of adjacent lands.(This will based on
best available base mapping)
Task 4-Assess Economic Impacts
A number of commercial enterprises rely on the port, both directly and indirectly.
We will review these economic dependencies in terms of the industrial,
commercial and recreational jobs the port supports(either directly or indirectly),
and in terms of the local and regional taxes generated. We will also conduct
interviews with local business owners/managers in Port Burwell including the
retail shops and restaurants as well as the commercial fishermen who make use of
the harbour facilities.
Task 5-Analyze Future Trends
We will analyze existing available data to project future trends and opportunities
for harbour facilities which may impact the usage of facilities at Port Burwell,
including:
❑ small craft harbour trends on the Great Lakes;
❑ impact of harbour divestitures on the small craft market place;
❑ tourism and recreational boating trends and facilities on Lakes
Erie,Huron and Ontario;
❑ recreational/commercial fishing trends on Lakes Erie,Huron
and Ontario;and
❑ other commercial/recreational tourism facilities that could be
integrated with harbour development.
During this task,we also interview the key landowners to determine what,if any,
future plans they may have.We also determine through these interviews the
Paget
r1HY 01 '00 15:21 FR 416 229 4692 TO 15198663884 P.04/06
barriers to investment in Port Burwell and the private sectors perspective of the
marketplace.
Task 6-Identirf,Future Opportunities for Port Burwell
Based on the results of the future trends analysis,a number of general scenarios
(i.e.,one to three)for the future use of Port Burwell within a defined time period
5-10 years)will be developed. We will then attach order-of-magnitude costs
regarding the harbour improvements based on existing information that would be
required to implement these opportunities. This analysis will examine potential
revenue to be generated by the use of the facilities.
Task 7-Develop Appropriate Management Strategies
Based on the foregoing we will evaluate appropriate management strategies and
identify negotiating points that the Municipality may use in discussions with
DFO.
This analysis would include an assessment of the various infrastructure capital
and operating costs including estimated dredging and routine maintenance and the
accruing benefits and liabilities(environmental and insurance issues)to the
Municipality in assuming any particular position with DFO.(Over a 20 year
period).This assessment will also evaluate the impact on the work loads of the
Municipality staff and identify potential staff skills and time requirements.
Our report will also advise Council on the likely impacts to the Municipality if no
action is taken or a transfer is not successfully negotiated.
Task 8-Prepare Draft Report
A draft report outlining the results of our evaluation and management strategy
will be prepared for review and comment by the Municipality. Subsequent to
your review,the strategy will be modified as required and finalized.The draft
report will submitted for your review and we will subsequently meet with Council
and staff to discuss its contents
Task 9-Prepare Final Management Strategy
Ten copies of the final management strategy will be prepared.
PERSONNEL
Mark Conway,MCIP,RPP
Mark Conway is and Urban Planner and Senior Associate with the firm. Mark has 10
years of experience at the Director of Planning for the Toronto Harbour Commission and
has managed a broad range of waterfront and port related projects in southern Ontario and
throughout the world.
Mark brings an appreciation of the importance of the land-water interface in community
planning and the pressures between public and private interests that must be managed for
a successful project to emerge. Mark is known as a highly effective communicator and
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MAY 01 '80 15:21 FR 416 229 4692 TO 15198663884 P.05/06
pragmatic thinker.
Mark has successfully leveraged these experience in projects several recently completed
assignments including:
❑ Report on Management Alternatives for Small Craft Harbours in Ontario;
Cl Municipal Action Plan for Port Stanley;
Cl Management Strategy for the Port of Oshawa;and
❑ Windsor Port Authority Land Use Plan.
Carolyn Lane,MA,MCIP,RPP
Carolyn is a management consultant specializing in real estate advisory services and
urban and environmental planning issues and is an Associate with the firm. Prior to
joining Dillon,she was a Manager in the Real Estate group at Arthur Andersen. Relevant
experience includes:
❑ Municipal Action Plan for Port Stanley;
❑ Various economic impact studies for clients in southern Ontario;and
Cl Redevelopment of a Former Soviet Submarine Base,Latvia.
BUDGET AND SCHEDULE
We anticipate starting on this project,immediately upon receiving your written
authorization to proceed. We believe it will take approximately 6 to 8weeks to complete
the assignment depending on the availability of meeting times. Our budget for the above
noted work is estimated at$18,646,including expenses but not OST_
This estimate provides for our attendance at three meetings with staff and/or Council.
If this is agreeable to you,would you kindly sign the attached sign-back and return to as
for our files. We look forward to building a strong working relationship with you and to
assist the Municipality in its decision regarding the port facilities.
If you have any questions,please contact me at 416 229 4647 ext 435 or at
mennwty(dillon.ce
Yours truly,
Dillon Consul i Limited
Mark •nway RPP •
Associate
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ru-U 01 '00 15:22 FR 416 229 4692 TO 15198663884 P.06/06
Confirni.a. tiara of Acc ptance
Please sign two copies of this letter agreement to confirm your instructions to commence
services. One copy of the letter is to be retained by you and the second copy returned to
our files. We also require a voided "Company"cheque from your business account for
our records.
I agree to the terms of this Agreement and confirm my instructions to proceed with the
consulting services set out herein. It is understood that
("Company")may et any time and at their discretion terminate this agement;in which
case Dillon's fees and expenses shall be paid on the basis set out above up to the date that
Dillon received notice of abandonment or suspension. Neither party shall assign this
agreement without the consent in writing of the other.
The undersigned declares that the "Company"responsible for the resulting indebtedness is
anfa -_ (e.g.pmprietorship/partnership
incorporated)entity known as and that 1 as
(e.g.)Secretary.
Treasurer!Owner/Partner!PresidentNice-President/Director)have the authority to obligate
(legal Company name).
Wituvbs igna ion `—
Date L a o
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