Loading...
HomeMy WebLinkAbout01 - CAO 44-16 - Small Craft Harbours - Harbour Lands Divestiture REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: July 21, 2016 REPORT: CAO-44/16 SUBJECT: SMALL CRAFT HARBOURS (SCH) – HARBOUR LANDS DIVESTITURE On June 16, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the Council of the Corporation of the Municipality of Bayham direct staff to submit a request to the Port Burwell Provincial Park for a permanent easement over Part 1 and Part 2 of Plan 11R990, as required, to provide access to the West Pier Boardwalk; AND THAT staff be directed to post a historical overview report, and relevant studies, of the federal harbour divestiture process; AND THAT the staff report and relevant studies be posted on the Municipal Website under ‘Studies’ when prepared; AND THAT the historical overview report be within the July 21, 2016 Council Agenda for information purposes. On June 17, 2016 staff sent formal correspondence to the Port Burwell Provincial Park requesting consideration of an easement over the provincially owned lands providing access to the West Pier Boardwalk as an attempt to legally and formally provide access over the same. Further background pertaining to the historical access rights is included within this report. This report has been prepared in an attempt to provide a holistic assessment of available information pertaining to Small Craft Harbours (SCH) Divestiture discussions to date utilizing available information. The historical information also includes facts about assets surrounding and associated with the harbour lands. In 1995 the federal government made port and harbour divestiture an official policy. The Canada Marine Act received Royal Assent in 1998, and implemented the National Marine Policy, which introduced commercial principles for managing marine infrastructure to achieve greater efficiencies. The goal of divestiture was designed to improve the efficiency of Canadian marine transportation by rationalizing port systems and placing decision-making in the hands of users and local interests best placed to operate them. Since implementing the National Marine Policy, the federal government has attempted to strengthen the public port and harbour system by transferring management and operation of major ports to not-for-profit organizations. The Canada Marine Act allowed for divestiture of public port facilities to local interests, provincial or municipal governments, allowing communities to own and control local facilities and determine appropriate levels of service and maintenance. In the absence of any local interest in taking over public port facilities, the Canada Marine Act allowed the government to terminate its’ interests in these facilities. SMALL CRAFT HARBOUR DIVESTITURE PROGRAMME Fishing has historically been very important to the Canadian economy and culture. As such, the DFO-SCH programme operated and maintained >1000 harbours (comprising of 900 fishing and 135 recreational harbours) across Canada to provide commercial fishers and recreational users with safe and accessible facilities. Mandated in 1973, in accordance with the Fishing and Recreational Harbours Act, the DFO-SCH programme maintained harbours “critical to commercial fisheries at an acceptable standard”. Prior to the implementation of the National Marine Policy and Port Divestiture Programme (PDP), the federal government began transferring ownership of recreational and fishing harbours with minimal activity to community- based groups. The DFO-SCH programme retained only essential harbours to the commercial fishery and expanded private sector involvement in the management of core harbours. The DFO-SCH programme mandate is to maintain harbours open and in good repair, and is managed by five regions across Canada: Newfoundland and Labrador; Maritimes and Gulf; Quebec; Central and Arctic; and Pacific. Each year the Canadian government spends significant funds on harbour maintenance and upgrades, including sediment dredging to maintain navigable access. The current vision for DFO-SCH is to maintain only a network of essential harbours, and to transfer ownership of all non-essential harbours through divestiture: “Port divestiture improves the efficiency of Canadian marine transportation by rationalizing the port system and placing decision making and operations in the hands of users and local interests”1. CHRONOLOGICAL PORT BURWELL HARBOUR BACKGROUND The origin of Port Burwell is closely linked to harbour facilities and was established as a small fishing wharf in 1833. Lumber was harvested from the area and exported from the harbour to the United States during the 1900's. The 1900’s also saw major improvements to the wharf for coal shipping and the harbour was used largely as a commercial fishing and bulked goods (coal, potash and fuel oil) trans-shipment point 2. 1 Harbour Divestiture in Canada: Implications of Changing Governance – Journal of Marine Policy, Walker et al. August 2015 2 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999 In 1906 the Ashtabula railroad car ferry was launched, providing daily service between Port Burwell and Ashtabula, Ohio. Canadian Pacific Railway (CPR) tracks and related rail infrastructure were built to serve the ferry dock on the east side of the harbour, as seen on aerial imagery from 1956 shown on Appendix ‘A’3. The community of Port Burwell was part of Bayham Township as a Police Village until 1949 when the community was incorporated as a Village. This separation was the result of a referendum held in 1948 sparked by a desire for local autonomy and procurement of water and sewer services for the community. The Village flourished until the 1960's when the need for coal diminished as a result of the demand for natural gas, electricity and oil. By 1964 the coal shipping was transferred to Port Stanley4. In 1948 Graham Oil constructed two, 700,000 litre (600,000 imperial gallons) oil tanks off-site visible on aerial imagery from 1973 shown on Appendix ‘B’. The 1950’s see a fire within the area of an 8,000 ton (8,130 MT) coal pile 5. In 1958 the Ashtabula ferry sinks in Ashtabula Harbour, and the railcar ferry service is discontinued. Dredging of the harbour to 24 feet (7.3 metres) is discontinued sometime between 1962 and 1970. The turning basin begins to fill with sediment. In 1976 transfer of the Harbour Lands from Public Works and Government Services Canada (PWSGC)/Transport Canada (TC) to the Department of Fisheries and Oceans (DFO) Small Craft Harbours (SCH) is completed. Port Burwell was designated as a Commercial Harbour under the jurisdiction of TC until the transfer when SCH assumed authority and the designation was changed to a Recreational Harbour. The change in designation meant that TC no longer operated the harbour. The operation of the harbour was offered to the Village and the harbour was required to operate with monies generated from leases, user charges and levies. Dredging of the harbour by the Federal Government ceased to be carried out in 1973 6. On March 23, 1977 the Village of Port Burwell passed By-law No. 301 authorizing the construction of the East Beach Breakwall, built under the Shore Protection Works Program - 1800 & 600 Feet (1974 & 1978). As a result of local political pressure, in 1977, an agreement with the Federal Government was reached whereby the Federal Government purchased an $180,000 dredge in order to reduce the financial burden of harbour operations. In return for the equipment, the Village would be responsible for providing the expertise and labour for dredging activities. The dredge was burned beyond repair in 1983 and as a result dredging stopped until 1989. As part of the original provision of the dredging equipment, DFO indicated that a stipulation for the purchase of the equipment was that the Village would make no further requests for dredging funding to the Federal Government. Again, increased political pressure led to an annual cost sharing of dredging fees on a 50/50 basis to a maximum of $30,000 per year between DFO and the Village of Port Burwell. The dredging cost each year had exceeded $30,000. Donations from a few users, Federal grants and some licence fees and recreational marina operations assisted in covering the Village’s 3 Remedial Options Analysis and Remedial/Risk Management Action Plan – Stantec Engineering. 2015 4 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999. 5 Gartner Lee Limited, 1997 6 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999 share of the costs, however, the majority of the Village’s funding came from the municipal tax base 7. The Village of Port Burwell first adopted an Official Plan in 1988 which contained strong acknowledgements of the need for an operational harbour and a long term solution to costly annual dredging activity by building an outer harbour facility. The Village of Port Burwell commissioned a Tourism and Recreation Study and Master Plan (Hanscombe Report) which was adopted in 1991. A background report was prepared in 1989 by Johnson Sustronk Weinstein & Associates (JSW) entitled ‘Port Burwell Outer Harbour Study’. The Port Burwell Outer Harbour Study recommended an Outer Harbour Facility at an estimated cost of $8,135,000 as the inner harbour was subject to continuous silting while the near shore is subject to an active littoral drift 8. A financial partnership between various levels of government was recommended. Prior to this development, the Village of Port Burwell had tried to sell dredged material to the United States Army Corps of Engineers to re-nourish the beaches along the south shore of Lake Erie, however due to environmental concerns, a sale could not be made. The JSW study included analysis for maritime development and provided a comprehensive review of recreational and commercial boating activity within the Lake Erie Basin and the economic benefits resulting from the construction and operation of a harbour facility. In 1991 at the peak of recession, Port Burwell attempted to attract a private developer for the Outer Harbour Development. This process consisted of requests for proposals of which only one was received. The developer was an architect who modified the project and proposed a complex $110,000,000 development consisting of hotels, condominiums, commercial buildings and a 300 berth marina…an agreement was immediately executed between the developer and the Village of Port Burwell. In 1992, the dream of a large Outer Harbour was tied to a bid to have Ontario's first gambling casino. The bid was apparently one of three seriously considered. However the licence was given to the City of Windsor. Financing of large projects had now become difficult and caused the project to be shelved permanently. Both the JSW and the Hanscombe Reports contemplated implementing their programs for improvements by obtaining Provincial and Federal grants. On May 22, 1991 the Village of Port Burwell executed Contract No. CO-023, with DFO, to build a Boardwalk on Federal Lands. This Boardwalk was authorized under Section 11 of an Operating Lease Agreement between the Village of Port Burwell and DFO (multiple, identical, yearly operating contracts existed. The final operating contract was authorized by Municipality of Bayham By-law No. 1999-077, which ended May 31, 2000 as a decision of DFO). Funding for construction of the Boardwalk was provided by DFO, Employment & Immigration Canada – Canadian Jobs Strategy and the Village of Port Burwell. The completion date of the Boardwalk project was July 26, 1991. Further, in relation to the West Bank Parking (Provincial Park Parking Lot), which provides access to the Boardwalk, there was discussions about a permanent granted use over the lands, however an agreement or easement was never finalized, confirmed or registered during closure of Chatham St. and during new Provincial Park 7 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999 8 Remedial Options Analysis and Remedial/Risk Management Action Plan – Stantec Engineering. 2015 entrance discussions. As such, access across the lands is at the leisure of the Province/Provincial Park. Additionally, the Village of Port Burwell also subleased land and items known as the Boat Launch, Black Docks and Finger Docks (Plan 11R-990 Parts 7,8,9 – Federal Lands), attached hereto as Appendix ‘C’, as a component of Agreement No. 0069. On April 23, 1993 The Village of Port Burwell acquired Parts 1, 2 and 3, Plan 11R-5136 and Parts 1 and 2, Plan 11R-5137 from SCH in the amount of $37,000. These acquisitions included the East Pier and lands indicated in Appendix ‘D’ attached hereto. In 1993 fog horns were removed from all ports in Lake Erie contrary to protests from municipalities. The Canadian Coast Guard is responsible for navigation aids and mariner information with respect to safe harbours and they had concerns with the Port Burwell Harbour. Canadian Coast Guard did not want boaters attracted to unsafe harbours because of the lack of depth and navigational markers. Various weather conditions can cause the Port Burwell Harbour to ‘fill in’ causing boats to run aground. There are several regulations regarding navigational aids and harbour conditions. These aids were historically continually being removed from the bodies of water or being 'downloaded’ to municipal governments to look after 9. From 1994-2000 the Municipality of Bayham was a partner in the Lower Big Otter Remedial Action Project which focused on tree planting, erosion mitigation and education in efforts to lessen the siltation issues within the Big Otter. ALUS has effectively taken over the initial concept of the Lower Big Otter Remedial Action Project. In 1994 and 1995, a ‘Tri-Party Memorandum of Understanding (MOU)’ had been prepared by the Canadian Coast Guard, but was never executed as the Village of Port Burwell did not satisfy the MOU requirements. The parties involved were DFO, Canadian Coast Guard, and the Village of Port Burwell. The MOU had been prepared in view of the limited safe access from Lake Erie to the harbour. The Coast Guard was willing to undertake the continued provision of its services only if the conditions allowed for safe navigation of small craft. DFO advised that they took back the lights and only obstruction lights existed which warn mariners of obstructions. In 1995, Pembina Resources Limited (Talisman Energy Inc.-Dundee Energy) purchased, from the Village, approximately four acres along the mouth of the Big Otter Creek at a price of $160,000 as a result of their concerns for access to the inner harbour and the central location of the community to its existing gas wells in Lake Erie. A visual of the land is attached hereto as Appendix ‘E’ (Part Lot 11, Concession 1, Part 3, RP 11R-5136). A draft Memorandum of Agreement between the Village and the gas company requiring the gas company to provide a minimum of $7,500 per year towards dredging activities existed but was never executed or formalized. It is assumed it was drafted in lieu of the property purchase. In an attempt to recover costs associated with harbour maintenance and operation, on June 24, 1996, the Council of the Village of Port Burwell gave first and second reading to a User Fee By- law which was subject to significant opposition from marina operators and commercial fishermen. As a result, the by-law did not receive a third reading and Council agreed to permit harbour users to instead make donations for maintenance. The total sum of funds received by 9 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999 donations was $600 from the commercial fishermen. The defeat of the by-law and significant shortfall in donation revenue contributed to a Village of Port Burwell municipal year end deficit of $52,000 10. In 1996 an inspection of the harbour was conducted by Public Works and Government Services Canada (PWGSC) for SCH, which found the harbour to be considered in ‘fair condition'. Additionally in 1996 Aquafor Beech completes a study of the potential effects of plough dredging at Port Burwell (Aquafor Beech Limited, 1996), and determines that the methodology, as well as dredging and in-water disposal in general, is acceptable at the Port Burwell Harbour. Numerous techniques have been developed to dredge sediments from the bottom of a creek or a lake. The amount of resuspension associated with each method is variable and certain techniques tend to minimize the amount of resuspension while others are more disruptive. Prop washing is one of the most disruptive techniques currently used as the method is intended to hydraulically push the material away from the boat propeller (prop.) The method known as "Plow-dredging" is an experimental method of using a large plow attached to the stern of a tugboat. Due to the close proximity of the plough to the prop, a significant amount of material is re-suspended with this method. However, it was expected that less material would be re-suspended than solely using prop washing. In addition, the plough methodology provides better control of the accuracy of the depth of dredging. A combination of this method and prop washing was conducted on June 4-6, 1996 by Dan Minor & Sons. This experiment was met with initial objections from the Ministry of Environment and Energy who concurred only for this experiment. In a letter dated May 31, 1996, they cautioned that any future dredging using this technique will be evaluated at that time based on the monitoring results from this experiment. The Ministry of Natural Resources was cautious about the experimental technique and are not in agreement with prop washing in the inner harbour. They commented on behalf of the Lake Erie Management Unit and the Long Point Area Team (Aylmer District) on aspects of the monitoring study which dealt with the potential impacts on fish and the aquatic organisms and habitats on which they depend. For this method to proceed, the Village of Port Burwell was required to hire a consulting firm to monitor the process and its effectiveness. Aquafor Beech prepared a monitoring study at a cost of $22,000. The third and more traditional, but costly approach to dredging is referred to as ‘Dragline’ which is a method by which the silt is physically removed from the bed of the harbour. Testing of the sediment samples and approvals for disposal must be to the satisfaction of Long Point Region Conservation Authority, the Ministry of Natural Resources and the Ministry of Environment. Maintenance dredging requires approval of the Department of Fisheries and Oceans which relies on approval from the Ministry of Natural Resources since they manage the Federal Fisheries Act, Long Point Regional Conservation Authority, Canadian Coast Guard and the Ministry of Environment. The Long 10 Staff Report D-03/99 - Municipality of Bayham, March 10, 1999 Point Regional Conservation Authority is concerned with the flood plain management issues and The Ministry of Environment is concerned with respect to the disposal of the dredging material on land 11. Department of Fisheries and Oceans have concurred with information contained in a document prepared by the former Village of Port Burwell Clerk-Administrator that on average, depending on the type of vessel, commercial fishing boats require a depth of 6 feet. The single commercial harbour user, Talisman energy have several boats needed to access and service existing gas wells in Lake Erie. Their boats require a depth of 9 feet. The majority of recreational boats are power boats which require a depth of between 2 and 4 feet. Sail boats typically require a depth of 6 feet. Fixed keel sail boats have been discouraged by the Canadian Coast Guard from entering the harbour because of the fluctuations in depth of the inner harbour During 1997 Gartner Lee conducted a Phase I Property Transfer Assessment (Gartner Lee Limited, 1997) for DFO to support transfer of harbour lands to the Village of Port Burwell. The report concludes that there are no significant environmental issues with the Site, however Gartner Lee Limited recommend soil sampling to determine if the coal handling operations may have resulted in soil impacts. On December 29, 1997 the Village of Port Burwell passed By-law No. 1997-021, being a by-law to authorize an agreement in principle with DFO pertaining to the future ownership of the harbour lands. On March 5, 1998, the Council of the Corporation of the Municipality of Bayham passed the following resolution voiding the potential agreement as an action out of line due to amalgamation: THAT the Fisheries and Oceans Canada Agreement in Principle endorsed by the former Corporation of the Village of Port Burwell dated December 29, 1997, be received In March, 1998, Council members and staff met with representatives of the Department of Fisheries and Oceans (DFO), Small Craft Harbours (SCH) to discuss the issues involving the proposed transfer of SCH holdings in Port Burwell to the Municipality. SCH provided the following information: Dwayne Blanchard of the DFO has confirmed that there is absolutely no federal funding available for dredging and that harbour fees are no longer specified because of de-regulation. Market rates must now be applied and they have no record of area rates. He noted that the Big Otter Marina can't be charged except for berthing rights in the harbour. Further, he noted that Port Burwell is a derelict fishing harbour and with the current water levels, the deeper the channel is dug, the faster it fills in with silt. He suggested following up with Ministry of Natural Resources about restrictions for disposing of removed silt and sand. He added that a 300-400 berth outer marina is the only long term solution, but would still require about $50,000 annually to dredge by the private sector. To dredge now with floating equipment would cost approximately $100,000 to $200,000 to maintain a 6- 10 foot depth. For a 20 foot depth, the cost would be about $300,000. 11 Aquafor Beech - Port Burwell Harbour Dredge Monitoring Study, dated July, 1996 Therefore, the federal government couldn't afford the dredging costs for commercial fishing vessels. Notwithstanding past practices and situations, this year has been unique with the speed of drop in depth. 1980 DFO CORRESPONDENCE TO MINISTER OF AGRICULTURE ‘A marina development should be able to ensure its viability without reliance upon continued maintenance dredging at public expense, especially at the exorbitant cost such as proposed in Port Burwell.’ Dwayne Blanchard stated that if the Municipality is no longer interested in leasing or acquiring the harbour, they would attempt to market it, however, they would be prepared to discuss the future ownership with other parties. They are anxious to receive a written response from the Municipality about intention of future ownership. On March 10, 1999 the Council of the Corporation of the Municipality of Bayham considered the following options: Option No. 1 - Municipal Ownership Supported by Municipal Levy This option would require the Municipality to accept ownership of the harbour and structures currently under the control of the Federal government and develop a long term plan for the operation and maintenance of the entire harbour to be funded by the municipal tax base. The Municipality would maintain control of the facility and set the service levels. However, the question of whether all ratepayers should be required to fund the costly dredging projects for a limited number of users must be considered. There is also the question of liability, long term maintenance of structures and administration which needs to be taken into consideration. Option No. 2 - Municipal Ownership Supported by User Charges and/or Donations This option does not warrant serious consideration given the recent discussions with the users of the harbour. There are a Iimited number who have indicated their level of business couldn't support this option and would force them to either relocate or close their business. When a scenario of seeking donations was undertaken in 1996, a total of only $600 was received. There is still the question of long term maintenance of the structures, liability and administration. Option No. 3 - Municipal Ownership - Abandonment of Harbour to Develop as a Natural Habitat This option would have the Municipality assume ownership of the harbour lands from the Federal government and cease dredging activities or attract boaters. The watercourse would be allowed to naturalize into a fish and wild life habitat. Option No. 4 - Municipal Ownership and Purchase of Dredging Equipment This option would have the Municipality assume ownership of the harbour lands from the Federal government and take on full responsibility for the costly dredging and long term maintenance of structures and liability. With the purchase of dredging equipment and hiring of expertise, the dredging could be continuous, but determination of how the acquisition would be funded, maintained and operated would need careful and detailed analysis before serious consideration. Option No. 5 - Municipal Ownership With Harbour Being Operated by a Committee This option would have the Municipality assume ownership of the harbour lands from the Federal government and appoint a committee or board to take on the responsibility of long term maintenance of structures and dredging activities. The Municipality would still have to address liability issues, a financing structure and would still be ultimately responsible for ensuring all issues are identified and addressed appropriately. Option No. 6 - Private Ownership This option would see the Department of Fisheries and Oceans transfer ownership to the private sector eliminating municipal involvement in all areas. While there would be the hope that there is a market for the private sector to assume ownership, they would also require the funds, resources and capabilities of returning the harbour to a viable port of entry for at least small commercial vessels and recreational boats. Option No. 7 - Establishment of a North Shore Lake Erie Harbour Authority On March 26, 1996, the Village of Port Burwell enacted a resolution to explore the option of establishing such an authority to address specific concerns with respect to maritime activities to various provincial and federal ministers toward cost effective and efficient solutions. The resolution requested that other Lake Erie North Shore communities consider the appointment of a political or administrative representative to an inter-municipal committee to address specific concerns. The resolution was circulated to the following and listed are their responses: a. Eastern Lake Erie Fishermen's Association i. Response was positive, they expressed an interest in learning more about the proposal. b. Township of Norfolk i. A resolution was passed in support. c. City of Port Co/borne i. A resolution was passed to endorse Port Burwell’s resolution. d. Village of Port Stanley i. A Councillor was appointed to attend and represent the Village at the initial meeting of an inter-municipal committee. Council ultimately passed the following resolution: THAT Staff be directed to research the approval process for dredging the harbour using the drag-line process; AND THAT Staff obtain three quotes from excavators for Council's consideration at the meeting scheduled for April 1, 1999, for work to be performed this spring; AND THAT Staff arrange a meeting with the businessmen having an interest in the Port Burwell Harbour. As previously stated the Federal Government leased the harbour to the Village and subsequently after amalgamation, the Municipality, which is restricted by Provincial legislation including the Municipal Act, Wharves and Harbours Act, Occupational Health and Safety Act, Territorial Division Act, Environmental Protection Act, etc. Federal legislation includes the Fisheries and Harbours Act, Great lakes Fisheries Convention Act, Harbour Commissions Act, Department of Fisheries and Oceans Act, Public Harbours and Port Facilities Act and the Public Works Act. As a note there is a common law right extending back to 1806 that no entity, whether private or public may fully obstruct waterways. This common law right has been abrogated in a number of ways recognizing modern society including damming creeks on farmland, diverting water for public hydro-electric utilities, etc. As a result, the federal government, as the Crown, has sought to codify navigable water rights through statute. The Municipality was also a silent party in a three party lease agreement for the Big Otter Marina. As per a Memorandum from LPRCA to Big Otter Marina, dated May 13, 1999, the Municipality of Bayham was released from the Big Otter Marina land lease agreement: IT IS HEREBY ACKNOWLEDGED AND AGREED that the annual rental rate for the lease of the Port Burwell Conservation Area (Big Otter Marina & Campgrounds) property will be $3,750.00 for the period January 1, 1999 - December 31, 2003 inclusive, payable in two semi-annual installments of $1,875.00, due on July 15 and December 15, AND FURTHER that the Municipality of Bayham (formerly Village of Port Burwell) is hereby released from the lease agreements. In 2000 Dillon Consulting prepares the ‘Port Burwell Assessment and Management Strategy’ for the Municipality of Bayham (Dillon Consulting Limited, 2000), a planning document that recommends conditional transfer of SCH lands to the municipality assuming a partnership with SCH, and a commercial marina built outside of Big Otter Creek to avoid ongoing dredging expenses, in partnership with the Province of Ontario. In 2001 Environment Canada completes an assessment of Lake Erie tributaries, including sediment analyses from Port Burwell. Further in 2001 MacViro prepares an enhanced Phase I ESA. One surface soil sample finds metals concentrations below applicable Ontario Ministry of Environment (MOE) criteria. Concentrations of polycyclic aromatic hydrocarbons (PAHs) in excess of Canadian Council of Ministers of the Environment (CCME) interim sediment quality guidelines, as well as concentrations of metals, nutrients and pesticides in excess of MOE guidelines, are identified from six sediment samples collected. The study recommends further delineation of sediment impacts. A review of the Phase I ESA is completed by Murray Brooksbank at Environment Canada (Environment Canada, 2001) – Murray Brooksbank notes that sediment quality is relatively good at Port Burwell and comparable to background conditions within Lake Erie. On February 6, 2003 Council is presented with an offer from SCH to transfer ownership of all of their current holdings and facilities in the Port Burwell Harbour area, in return for a one-time capital contribution of $1,000,000. The offer is conditional on the Municipality maintaining the harbour at generally its current state for a minimum of five years. On February 21st, 2003 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council consider acceptance of the offer received from Mr. Dwayne Blanchard on behalf of Small Craft Harbours, conditional on the following: i. Establishment of an appropriate Reserve Fund for capital contribution, with requirements that interest revenue only be utilized for current maintenance/operations, and capital amount only for Harbourfront development supporting an outer harbour marina development; ii. Clarification, to the satisfaction of Council, of the level of maintenance required for the five-year requirement of DFO; iii. Confirmation of insurance ramifications; iv. Investigation of inclusion of hold harmless provisions in any transfer from Environmental Liability. On March 24, 2003 the Municipality received a legal review of a proposed transfer agreement which provided recommended language changes and the following comment pertaining to environmental liability: This writer would urge great caution in connection with the environmental aspects of this transaction. The Phase 1 investigation prepared by Public Works and Government Services Canada does indicate some areas of concern. It is recommended that this environmental site assessment be reviewed by an independent environmental testing company experienced in this type of work for their views. In addition, some form of indemnification from the transferor to the Municipality ought to be included in the Agreement relating to environmental contaminants that may be discovered on the subject property in the future. On March 28, 2003 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council advise Mr. Dwayne Blanchard of SCH that its position remains as previously outlined February 21, 2003, namely that Council will consider acceptance of the conditional offer received, conditional on the following: i. Establishment of an appropriate Reserve Fund for capital contribution, with requirements that interest revenue only be utilized for current maintenance/operations, and capital amount only for Harbourfront development supporting an outer harbour marina development ii. Clarification, to the satisfaction of Council, of the level of maintenance required for the five-year requirement of DFO. iii. Confirmation of insurance ramifications. iv. Investigation of inclusion of hold harmless provisions on any transfer from Environmental Liability. In 2008 SCH produced a letter report summarizing the impacts of the Species at Risk Act (SARA) on Port Burwell operations (SCH, 2008). SCH identifies two fish species that may be at risk, and outlines the habitat compensation requirements for future dredging work, a copy of which is attached hereto as Appendix ‘F’. In 2005 and again in 2010 the Municipality, in partnership with proponents conducted Ferry Feasibility Studies. The Municipality went so far as to sign a Memorandum of Cooperation with the Village of Grand River as authorized by By-law No. 2006-070. In both cases no tangible actions resulted from the studies. In 2010 a qualitative assessment of the sedimentation problem at Big Otter Creek is completed by Shoreplan Engineering (ShorePlan Engineering Ltd., 2010). The study concludes that regular dredging is likely the most cost-effective solution for maintaining the harbour. On December 8, 2010 the Council of the Corporation of the Municipality of Bayham was presented with a Port Burwell East Pier Report from CJDL Consulting Engineers estimated required East Pier repairs ranging in cost from $49,000-$256,000. On September 12, 2011, as a result of on-going discussions with SCH Council acted on the determination of the need for a peer review and analysis of environmental risks for the Port Burwell Harbour. In lieu of providing any firm transfer grant amounts, SCH determined it would fund a peer review up to approximately $20,000. Stantec Consulting Ltd. was awarded the project in the amount of $19,778 plus applicable taxes. The assessment concludes that data gaps must be filled with a new Phase I Environmental Site Assessment (ESA) as well as a Phase II ESA to support an eventual risk assessment for the Site. THAT Stantec Consulting Ltd be retained to conduct a peer review for the Port Burwell harbour area, as outlined in their proposal dated September 9, 2011, subject to confirmation of funding from Small Craft Harbours. On September 29, 2011, pertaining to East Pier repairs the Administrator advised Council as follows: The lowest reasonable construction cost of $318,420+HST is considerably over the budgeted amount of $252,000 and does not include engineer costs. He added that there is no advantage to delay the project to spring. Should the project proceed, it was recommended that the difference be financed over a 2 to 3 year term rather than use capital reserves for the shortfall. Delay in commencement of the work may limit the ability to complete this fall. On October 6, 2011 Council passed By-law No 2011-089 authorizing Agreement No. 0082 for East Pier repairs to be completed in the amount of $320,072.50+HST As a note, the actual costs of the 2011 East Pier works were not fully accounted for until 2016 when Council allocated funds in the amount of $81,673.44 for unfinanced East Pier repair work. In 2012 the Municipality of Bayham prepares the Official Plan (Municipality of Bayham, 2012). This includes a Specific Policy Area (No.2), Mapping of Hazard Lands and Zoning information is attached hereto as Appendix ‘G’. 3.3.2 Specific Policy Area No. 2 - Port Burwell Harbour In addition to the policies of Section 6.1, the lands within the "Hazard Lands" designation in Port Burwell which are generally situated south of Robinson Street, and east of the Big Otter Creek and extending into Lake Erie, are designated as "Specific Policy Area" on Schedule "D" to this plan and may be used to develop a marina and ancillary facilities. These lands will remain in a holding zone until such time as the conditions regarding development as outlined in Section 6.1 of this Plan can be accommodated to the satisfaction of the Municipality, in consultation with the Province and the Conservation Authority. In 2013 Terrapex conducted a Phase I/II ESA on behalf of DFO (Terrapex Environmental Ltd., 2013). The report defines three areas of potential environmental concern (APECs)) located both on and off-site. The Subject Lands are all associated with Terrapex's APEC 1. Three monitoring wells are installed and three sediment sampling locations are placed within the harbour lands, in addition to three additional background sediment sampling locations outside of the harbour lands. Analytical results for soil indicated the presence of petroleum hydrocarbons (PHC) petroleum hydrocarbons fraction 2 (F2) in one sample and polycyclic aromatic hydrocarbons (PAHs) in three samples that exceed the applicable Federal and/or Provincial guidelines. Groundwater in three locations exceeded the applicable guidelines for arsenic and iron. In sediment, PHC F3 and F4, PAHs and pesticides exceeded the applicable guidelines in up to five locations, including background sampling locations. An NCSCS score of 56.8 for the land lot portions of the Site (CS0001) categorizes the Site as ‘Class 2: Medium Priority for Action'. For the water lot portions (CS0002), the Federal Contaminated Sites Action Plan (FCSAP) aquatic sites classification system (ASCS) is applied and a score of 79.4 is assigned, corresponding to 'Class 1: High Priority for Action'. The study recommends additional soil sampling, including vertical delineation, as well as a round of groundwater sampling from all monitoring wells, in support of a Preliminary Quantitative Risk Assessment (PQRA) and Screening Level Ecological Risk Assessment (SLERA) for the land lot portions. For the water lot portions, supplemental surficial sediment sampling, toxicology assessment and benthic survey are recommended to support a risk assessment. In 2014 IBI Group prepares a waterfront master plan study for Port Burwell (IBI Group, 2014). The report focuses on the valued economic and tourism aspects of the area although may not be in line with the economic realities of the Municipality of Bayham or Port Burwell. In 2014-2015 SNC-Lavalin completes a soil and groundwater assessment of the Canadian Coast Guard (CCG) automation building (previously referred to as the PWGSC automation building by others) located on the west shore of Big Otter Creek (SNC Lavalin, 2015). PAHs, arsenic or selenium are observed in soil in excess of Federal and/or Provincial criteria in 4 of 7 sampling locations, while PAHs are observed in groundwater in excess of Federal and/or Provincial criteria in 3 of 3 monitoring wells. In 2015 SCH provided the Municipality with the following studies and corresponding summarized findings: i. Final Remedial Options Analysis & Remedial-Risk Management Action Plan - Sediments ii. Final Remedial Options Analysis & Remedial-Risk Management Action Plan - Soil & Groundwater iii. Site-Specific Human Health & Ecological Risk Assessment of Sediment at Port Burwell iv. Preliminary Quantitative Human Health Risk Assessment & Screening Level Ecological Risk Assessment of Soil & Groundwater at Port Burwell FINAL REMEDIAL OPTIONS ANALYSIS & REMEDIAL/RISK MANAGEMENT ACTION PLAN - SEDIMENTS ADMINISTRATIVE MONITORING The risk management plan for the Site while under Federal ownership would consist of administrative monitoring of land use changes by internal DFO staff to ensure that the risk assessment exposure and receptor assumptions are maintained. The identified contaminants that exceed guideline values at the site are considered unlikely to trigger remediation or additional risk management measures in the future, given the Site's restricted land use potential. A change in land use triggered by a change in jurisdiction (i.e., federal to provincial transfer) has an uncertain outcome with respect to risk assessment results, and new or additional assessment, and remediation and/or risk management work may need to be completed under a new land use scenario. If the property is divested to the Municipality of Bayham, the land use is expected to remain the same, although the jurisdiction would change. As a result of the jurisdictional change, the risk assessment may need to be re-evaluated to screen in parameters that specifically exceed provincial criteria, which have not been considered in the SSRA. If risk was identified as a result of this re-evaluation, further investigation and/or development of remediation/risk management options may be warranted. The administrative and operational considerations involved in the transfer of an active port and associated facilities from SCH to the Municipality of Bayham are considered outside the scope of this Remedial Options Analysis and Remedial/Risk Management Action Plan. PORT MAINTENANCE Port Burwell Small Craft Harbour is likely to continue providing dockage and marina services to recreational and commercial fishing vessels regardless of future ownership. Siltation of the harbour due to the accumulating sediment load from Big Otter Creek will require regular dredging in order to maintain small craft access. Past dredging works at the Site have used a direct in- water sediment disposal approach, as historically approved by the MOECC based on project-specific sediment analyses (Riggs Engineering Ltd., 2011). The results of the core sampling conducted as part of the SSRA indicate that concentrations of COPCs (i.e., PAHs and DDTs) vary with the depth of the sediment but at their maximum are not significantly different from the surface sediments. The results from the three cores do not indicate a consistent pattern with one showing a significant increase of COPC concentrations with depth; the other showing a decrease and the third showing no change. These apparent contradictions are likely the product of the heterogeneity associated with historical sediment deposition, making it difficult to predict the quality of the sediment at any particular location or depth; however, since the COPC concentrations at depth were not found to be greater than those assessed in surface sediments, if buried material was disturbed and brought to the surface during dredging activities, it is unlikely to represent a significant concern. Due to the limited number of cores collected and the observation that in one location the COPC concentrations increased with depth, dredging activities should be accompanied by monitoring of COPC concentrations in sediment in order to provide the information necessary to properly manage any material that contains significantly elevated concentrations (i.e., above the sediment quality standards). It is recommended that future dredging works for the purpose of maintaining port access should include the following elements to support the administrative monitoring approach and ensure that it remains protective of human health and the environment: i. Dredging design, sediment sampling/analysis plans and MOECC in- lake disposal approvals to be submitted to and reviewed by all site stakeholders. ii. Dredging works must maintain appropriate silt containment measures (e.g. silt curtains). iii. As-built dredging and disposal plans (including bathymetry of dredged channel and disposal area relative to IGLD 85) to be provided to all site stakeholders. FINAL REMEDIAL OPTIONS ANALYSIS & REMEDIAL/RISK MANAGEMENT ACTION PLAN - SOIL & GROUNDWATER RISK MANAGEMENT PLAN The risk management plan for the Site while under Federal ownership will consist of administrative monitoring of land use changes by internal DFO staff to ensure that the risk assessment exposure and receptor assumptions are maintained. The impacts above AGRC at the Site are considered unlikely to trigger remediation or additional risk management measures in the future given the Site's restricted land use potential within a flood zone. The administrative and operational considerations involved in the transfer of an active port and associated facilities from SCH to the Municipality of Bayham are considered outside the scope of this Remedial Options Analysis and Remedial/Risk Management Action Plan. PRELIMINARY QUANTITATIVE HUMAN HEALTH RISK ASSESSMENT & SCREENING LEVEL ECOLOGICAL RISK ASSESSMENT OF SOIL & GROUNDWATER AT PORT BURWELL RISK CHARACTERIZATION In surface soil, maximum concentrations of benzene, toluene, molybdenum and select PAHs (i.e., 1-methylnaphthalene, 2-methylnaphthalene, total methylnaphthalene, naphthalene and phenanthrene) exceeded ecological guidelines protective of aquatic life. Additionally, in groundwater, maximum concentrations of arsenic, iron, manganese and select PAHs (i.e., anthracene, benzo(a)anthracene, benzo(a)pyrene, benzo(g,h,i)perylene, chrysene, fluoranthene, phenanthracene and pyrene) exceeded guidelines protective of aquatic life. TERRESTRIAL ENVIRONMENT None of the COPCs identified in surface soil were found at concentrations that exceeded guidelines protective of terrestrial life. This includes plants, soil invertebrates, birds and mammals. All of the exceedances noted during the COPC screening were of guidelines protective of aquatic receptors (i.e., protective of the soil to groundwater to surface water exposure pathway). More specifically, the maximum concentrations of benzene and toluene were less than the CCME soil contact guidelines for the protection of plants and invertebrates and were less than the MOECC component guidelines protective of terrestrial receptors (i.e., plants, soil organisms, mammals and birds). Similarly, maximum concentrations of molybdenum, naphthalene and phenanthrene were less than the MOECC soil guidelines protective of terrestrial receptors (i.e., plants, soil organisms, mammals and birds). For 1-methylnaphthalene, 2-methylnaphthalene and total methylnaphthalene, guidelines for the protection of terrestrial receptors were not available from the CCME or MOECC. However, the maximum concentration of all low molecular weight PAHs (3 aromatic rings) was 8.3 mg/kg which was less than the ecological guideline of 29 mg/kg from the USEPA (2007) , which is based on the lowest guideline for the protection of soil invertebrates and avian and mammalian wildlife. Therefore, it is not anticipated that benzene, toluene, molybdenum, 1 - methylnaphthalene, 2- methylnaphthalene, total methylnaphthalene, naphthalene or phenanthrene pose a significant risk to terrestrial receptors (i.e., birds, mammals, soil invertebrates, terrestrial plants) at the Site. This includes species of conservation concern. AQUATIC ENVIRONMENT Concentrations in soil of benzene, toluene, molybdenum and select PAHs (i.e., benzo(g,h,i)perylene, 1 -methylnaphthalene, 2-methylnaphthalene, total methylnaphthalene, naphthalene and phenanthrene) exceeded guidelines protective of aquatic life. However, given the long-term nature of Site activities, it is reasonable to assume that the soil and groundwater has reached a steady-state in which groundwater concentrations are representative of leaching from soil. As such, the assessment of potential risks to the aquatic environment at the Site focused on COPC concentrations in groundwater. Therefore, although concentrations of benzene, toluene and naphthalene in soil exceeded the CCME groundwater check values for protection of aquatic life, concentrations of these COPCs in groundwater were less than guidelines, indicating that these COPCs do not pose a risk to aquatic receptors. This also includes species of conservation concern at the Site. Similarly, although soil concentrations of molybdenum, 1-methylnaphthalene, 2-methylnaphthalene and total methylnaphthalene exceeded MOECC guidelines protective of aquatic life, concentrations of these COPCs in groundwater were less than guidelines. Therefore, it is not anticipated that these COPCs pose a significant risk to aquatic receptors, including species of conservation concern, at the Site. In groundwater, maximum concentrations of arsenic, iron, manganese, anthracene, benzo (a) anthracene, benzo(a)pyrene, benzo(g,h,i)perylene, chrysene, fluoranthene, phenanthracene and pyrene exceeded guidelines protective of aquatic receptors. However, for PAHs, all exceedances of CCME and MOECC groundwater guidelines were sampled in the vicinity of the vacant automation building, which is located greater than l00 m from the water’s edge. Given the distance from the aquatic environment and the small number of exceedances (i.e., 4 out of 13 samples), it is considered unlikely that PAHs in groundwater pose a significant risk to aquatic receptors, including species of conservation concern, at the Site. For arsenic, the maximum concentration exceeded the CCME guideline, but all arsenic concentrations were below naturally occurring background concentrations in Ontario (i.e., 13 µg/L; Table l Full Depth Background Site Condition Standards). Therefore, arsenic is considered unlikely to pose a significant risk to aquatic receptors, including species of conservation concern, at the Site. Although an essential element required by all living organisms, high iron concentrations in well- aerated aquatic environments can result in the formation of a precipitate that can smother benthic organisms (e.g., benthic plants, benthic invertebrates, fish eggs). All samples exceeded the guideline; however, observations made during field sampling of sediment and benthic invertebrates in support of the assessment of the aquatic environment (conducted by Stantec under separate cover), did not find any evidence of iron precipitate. Therefore, it is not anticipated that iron poses a significant risk to aquatic receptors, including species of conservation concern, at the Site. For manganese, only one out of nine samples exceeded the freshwater chronic guideline for the protection of aquatic life from the BC MOE. Given that manganese is an essential nutrient required by all living organisms and is only slightly-to-moderately toxic to aquatic organisms (BC MOE, 2015), it is not anticipated that manganese poses a risk to aquatic receptors, including species of conservation concern, at the Site. In summary, it is not anticipated that COPCs identified in soil or groundwater pose a significant risk to aquatic or terrestrial receptors, including species of conservation concern, at the Site. SUMMARY The purpose of the human health preliminary quantitative risk assessment (PQRA) and screening level ecological risk assessment (SLERA) was to identify the presence or absence of impacts to soil and groundwater at the Port Burwell Small Craft Harbour (the "Site") in Port Burwell, Ontario, to determine whether or not concentrations of contaminants of potential concern (COPCs) pose unacceptable risk to human or ecological receptors. The PQRA /SLERA was completed using soil and groundwater data collected by Terrapex in 201 2, SNC in 2014, and Stantec in 2015. For the human health preliminary quantitative risk assessment (PQRA), benzene, toluene, ethylbenzene, and total xylenes exceeded risk based guidelines for commercial land use, for direct contact with soil and were carried forward into the PQRA. Groundwater is non-potable and not used as a source of drinking water, therefore it was not carried forward for further risk assessment. The results of the PQRA suggest that there are no risks to any of the four human receptors (Toddler Site Visitor , Adult Site Visitor, Landscape Worker and Construction Worker) due to direct exposure pathways (i.e., soil ingestion, soil dermal contact, inhalation of suspended soil particulate); exposure to all identified non-carcinogenic COPCs from soil resulted in HQs less than 0.2. Additionally, for the Adult Site Visitor and Landscape Worker receptors, average daily ingestion, dermal contact and inhalation exposure to benzene in Site soils resulted in a cancer risk that was less than 1 in 10 million. These results indicate that, as per Health Canada and MOECC guidance, the cancer risk associated with exposure to benzene at the Site can be considered to be "essentially negligible". For the SLER A, benzene, toluene, molybdenum, 1 - methylnaphthalene, 2- methylnaphthalene , total methylnaphthalene , naphthalene and phenanthrene in soil, and arsenic, iron, manganese, anthracene , benz(a)anthracene, benzo(a)pyrene , benzo(ghi)perylene , chrysene , fluoranthene , phenanthrene, and pyrene in groundwater, were carried through for risk assessment. However, the results suggest that there are no significant risks to aquatic or terrestrial receptors at the Site, including species of conservation concern. The results of the site-specific risk assessment (SSR A) of the aquatic environment (Stantec, 2015) determined that there were no human health risks to the selected human receptors due to applicable exposure pathways (i.e., inadvertent ingestion and dermal contact with Site surface water, and consumption of fish caught at the Site) for all non-carcinogenic and carcinogenic COPCs. Similarly, the results of the ecological risk assessment suggested that, based on a weight- of-evidence approach, which used surface water chemistry, sediment chemistry, fish tissue residues and benthic community analysis, the COPCs identified within the surface water and sediment did not appear to pose an unacceptable risk to the viability of the aquatic community within Big Otter Creek and Lake Erie. Overall, these results suggest that there are no risks to any of the four human receptors due to direct exposure pathways (i.e., soil ingestion, soil dermal contact, inhalation of suspended soil particulate), and no risks to ecological receptors due to COPCs identified in soil and groundwater at the Site. However, should potable drinking water wells be proposed in the future, the groundwater should be resampled and reassessed for potential human health risk, prior to consumption by any individuals. Should the land use of the Site change, or should any camping facilities or buildings be constructed on the Site, further environmental assessment may be required to confirm the absence of risks (i.e., to confirm acceptable soil and/or groundwater quality). SITE-SPECIFIC HUMAN HEALTH & ECOLOGICAL RISK ASSESSMENT OF SEDIMENT AT PORT BURWELL RISK CHARACTERIZATION UNCERTAINTY EVALUATION The risk characterization step in the risk assessment integrates the information from the Problem Formulation, the Exposure Assessment and the Toxicity assessment. As a result, it is subject to all of the uncertainties already discussed. However, the use of multiple lines of evidence to investigate a causal relationship between the sediment quality and indices of environmental quality rely on a number of assumptions which also contribute to the uncertainty. These assumptions include the following: i. The TRVs act as an accurate benchmark for the effects noted with the benthic indices. ii. The reference stations provide a suitable benchmark for evaluating the benthic characteristics quantified within the Site area. iii. The physical and chemical characteristics of the sediment were complete in representing the contributing factors to the state of the benthic community. iv. The COPCs do not interact, other than within their own chemical classes (i.e., the toxic potential of manganese does not contribute to that of the PAHs or DDT (and metabolites)). Additional samples would reduce the uncertainty with most of these assumptions, but the study area is relatively large and diverse with each sediment sampling station having its own dynamic. Effort was made to accommodate this during the field program and subsequent analysis but a number of factors including sediment type and time of the year influenced how representative the data was. In many respects, the sampling program provided only a "snapshot". However, the potential toxicity of sediments predicted to be of concern were identified based on the presence of chemical parameters that exceeded either the ISQGs or the PELs. As previously discussed, the uncertainty and inherent conservatism in both of these environmental quality values results in the possibility that toxicity will not be observed even when chemical concentrations are found above their respective benchmarks. The fact that there was no clear relationship between the predicted toxicity and any observed adverse effects to the benthic community structure in samples collected within the Port Burwell study area, suggests that the chemical quality of the sediment is of minor importance and the results reflect other causal factors (e.g., physical/nutrient conditions of the sediment). CONCLUSIONS AND RECOMMENDATIONS The results of the ERA indicate that there are no unacceptable risks to semi- aquatic receptors from surface sediment and surface water at the Site. These results are also considered protective of terrestrial receptor exposure through the ingestion of surface water. Given that the results of the assessment of the terrestrial environment (provided by Stantec under separate cover) determined that there were no risks to terrestrial receptors from soil or groundwater at the Site, it is not anticipated that the Site poses unacceptable risks to terrestrial or semi-aquatic birds or mammals from soil, groundwater, sediment or surface water. The viability of the aquatic health community was assessed using a weight-of- evidence approach. Taking into consideration the results of the surface water chemistry, sediment chemistry and benthic community analysis, two of the three lines of evidence indicate that there are no significant effects on the aquatic life community. Based on a comparison of the sediment physical characteristics with the COPC toxic potential and benthic community indices, the strongest influence on potential adverse effects appears to be substrate composition, mainly the proportion of clay and silt, and the concentration of TOC. Consequently, the COPCs identified at the Site are not expected to pose unacceptable adverse effects to the viability of the aquatic community within Big Otter Creek and Lake Erie within the study area. SUMMARY The purpose of the site-specific human health and ecological risk assessment (SSRA) was to identify the presence or absence of impacts to sediment and surface water at the Port Burwell Small Craft Harbour (the "Site") in Port Burwell, Ontario, to determine whether or not concentrations of contaminants of potential concern (COPCs) pose unacceptable risk to human or ecological receptors. The SSR A was completed using sediment, surface water, benthic invertebrate, and fish data collected by Terrapex in 2012, and Stantec in 2015. For the human health risk assessment (HHRA), thallium, zirconium, and benzo (a) pyrene exceeded the guidelines for inadvertent ingestion and dermal contact with surface water, and cobalt, iron, and uranium exceeded selected guidelines in fish tissue. In addition, acenaphthylene, and pyrene in sediment exceeded the selected sediment guideline for potential bioaccumulation in fish tissue. These COPCs were carried forward into the HHRA. The results of the HHRA suggest that there are no risks to the selected human receptors (Toddler Site Visitor, and Adult Site Visitor) due to inadvertent ingestion and dermal contact with Site surface water, and consumption of fish caught at the Site; exposure to all identified non- carcinogenic COPCs from soil resulted in HQs less than the target benchmark of 0.2. For the Adult Site Visitor, chronic inadvertent ingestion of surface water, chronic dermal contact with water, and ingestion of fish from the Site resulted in an estimated cancer risk greater than 1-in-100,000, the risk level considered to be "essentially negligible" by Health Canada. The fish consumption pathway was the primary exposure pathway for this estimated cancer risk. However, given the numerous conservative assumptions necessary in the exposure and risk estimation process, Stantec anticipates that actual on-Site risks posed by benzo(a)pyrene are negligible. Overall, the results suggest that there are likely no risks to human receptors due to exposure to sediment, surface water, or consumption of fish at the Site. For the ecological risk assessment (ERA), manganese, select PAHs and DDT (and metabolites) in sediment, and zinc in surface water were carried through for risk assessment. The results of the ERA indicate that there are no unacceptable risks to semi-aquatic receptors from surface sediment and surface water at the Site. This includes the potential for DDT and its metabolites to biomagnify in the food chain, thus resulting in a higher level of exposure for the top predators. Concentrations measured in fish tissue did not represent a concern to piscivorous birds and mammals. The results of the ERA are also considered protective of terrestrial receptor exposure through the ingestion of surface water. Given that the results of the assessment of the terrestrial environment (provided by Stantec under separate cover) determined that there were no risks to terrestrial receptors from soil or groundwater at the Site, it is not anticipated that the Site poses unacceptable risks to terrestrial or semi-aquatic birds or mammals from soil, groundwater, sediment or surface water. The viability of the aquatic health community was assessed using a weight-of- evidence approach. Taking into consideration the results of the surface water chemistry, sediment chemistry and benthic community analysis, two of the three lines of evidence indicate that there are no significant effects on the aquatic life community. The bioaccumulative potential of the COPCs was also assessed within fish but the results were more relevant to the assessment of birds and mammals than to the fish themselves as tissue-based toxicity limits were not available. Based on a comparison of the sediment physical characteristics with the COPC toxic potential and benthic community indices, the strongest influence on potential adverse effects appears to be substrate composition, mainly the proportion of clay and silt, and the concentration of TOC. Consequently, the COPCs identified at the Site are not expected to pose unacceptable adverse effects to the viability of the aquatic community within Big Otter Creek and Lake Erie within the study area. The results of the Preliminary Quantitative Human Health Risk Assessment and Screening Level Ecological Risk Assessment (PQRA/SLERA) of the terrestrial environment (Stantec, 2015) determined that there were no human health risks to the selected human receptors due to direct exposure pathways (i.e., soil ingestion, soil dermal contact, inhalation of suspended soil particulate) for all non-carcinogenic and carcinogenic COPCs. Similarly, the results of the SLERA suggested that there are no significant risks to aquatic or terrestrial receptors at the Site, including species of conservation concern, from soil or groundwater at the Site. Therefore, it is not anticipated that the Site poses unacceptable risks to terrestrial or semi-aquatic birds or mammals from soil, groundwater, sediment or surface water. Overall, these results suggest that there are no human health risks to any of the human receptors due to inadvertent ingestion and dermal contact with Site surface water, and consumption of fish caught at the Site, and no risks to ecological receptors due to COPCs identified in sediment and surface water at the Site. Based on the results of the SSRA and the current land use, no further work and no remedial actions are currently being proposed for the Site. However, should the land use of the Site change, further environmental assessment may be required to confirm the absence of risks (i.e., to confirm acceptable sediment and/or surface water quality). The below chart provides a description of previously identified APECs at the Site with respect to the land parcels described in the 1998 land survey of the Subject Lands and surrounding properties (Kim Husted Surveying Ltd., 1998). DISCUSSION FINANCIAL BACKGROUND As has been noted numerous times, including within the 2016-2026 Capital Budget Report, the Municipality utilizes a mix of reserves, grant funding and tax levy to fund operations and capital projects. The Capital Budget does not rely on debt financing due to the financial realities of the Municipality and the need to preserve debt capacity. The Treasurer has attempted to minimize the capital impact on the levy by creating a dynamic reserve funding scheme. This scheme suits the Municipal financial reality and provides the greatest opportunity to minimize the impact of levy increases, however it is not considered a risk adverse scheme, and unplanned capital requirements have the capability to cause complications and financial strain within the 2016- 2026 capital funding model. In plain language the Municipality incorporated OMPF reductions, OPP cost increases, Ojibwa debt payments and associated legal through two methods: 1) Internal staff operating efficiencies; 2) Significantly reducing the annual Capital Levy The current funding strategy, which is the staff recommended funding strategy, requires adherence to core infrastructure funding and a dedicated path to restore capital funding, which over time, when funding has obtained semi-sustainable levels, would mitigate the risk of the strategy as it is currently funded. The above is the same reason staff have recommended Council consideration of asset portfolio reductions as at current funding levels the Municipality cannot adequately fund all assets, which results in a growing spectrum of liability. The above strategy coupled with the fact that the Municipality of Bayham has not historically held a normalized and stable capital levy increase, results in staff recommendation for Council to avoid any ventures, where possible, which are not risk averse as the Municipality has limited financial resources to allocate. Capital Levy 2011-2016 2011 $762,465 2012 $973,302 2013 $801,000 2014 $825,000 2015 $597,851 2016 $289,141 In addition to the chart above and below, which demonstrates the annual underfunding of the Capital Levy, staff also attach additional charts hereto as Appendix ‘H’, which visualize the historic capital underfunding and sporadic nature in which asset categories have been historically funded as per Financial Information Return (FIR) data. Municipality of Bayham - Capital Levy Capital Tax Levy 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Average 2015 Levy $597,851 $615,787 $634,260 $653,288 $672,887 $693,073 $713,865 $735,281 $757,340 $780,060 $803,462 $705,930 2015 Levy - Corrected $933,180 $961,175 $990,011 $1,019,711 $1,050,302 $1,081,811 $1,114,266 $1,147,694 $1,182,125 $1,217,588 $1,254,116 $1,101,880 Five Year Historical Average $791,924 $815,682 $840,152 $865,357 $891,317 $918,057 $945,599 $973,967 $1,003,186 $1,033,281 $1,064,280 $935,088 2016-2025 Capital Budget $473,507 $1,780,594 $1,327,581 $1,107,024 $1,049,054 $1,039,535 $817,936 $1,018,541 $940,484 $1,190,000 $1,074,426 Deficit -$335,329 - $345,389 -$355,751 -$366,423 -$377,416 -$388,738 -$400,400 -$412,412 -$424,785 -$437,528 -$450,654 -$395,950 The Municipality is in deficit of funding in the amount of $395,950 annually on capital programs over the 10 year capital levy for an aggregate total of $3.95 million as noted above. The Municipality has several large life cycle asset replacements, betterments and rehabilitations over the next ten years both in linear assets, equipment and infrastructure which will be challenging to complete based on the current financial implications. Deferring the capital programs and replacements in the years projected only increases the funding deficit as the replacement or rehabilitation costs will inflate annually and make the capital deficit increase. In addition to funding capital programs as required, proper financial management requires the reserves to be replenished to be able to fund needs/events outside of the capital budget scope. The 2016-2018 years of the capital budget do not sustainably fund reserves for future years (i.e. unexpected asset failures) based on current projections and current asset conditions. The above is relevant in the context of harbour divestiture discussions and any asset acquisition discussions as historical capital funding, underfunding and Ojibwa and related liability requirements would dictate staff to strongly recommend Council not take on any additional liabilities unless said asset or venture has tangible benefits which outweigh the risks in the determination of Council. DIVESTITURE This report has been prepared, at the direction of Council, in an attempt to provide a holistic assessment of available information pertaining to Small Craft Harbours (SCH) Divestiture discussions to date. In assessing the historic actions, by the Municipality, pertaining to harbour divestiture and associated properties, it is evident that the process has been repetitive. The fact remains that the Council of the Corporation of the Municipality of Bayham has continually explored the concept of harbor divestiture, from SCH to the Municipality, largely predicated on the considerations of Council in 2003: THAT Council advise Mr. Dwayne Blanchard of SCH that its position remains as previously outlined February 21, 2003, namely that Council will consider acceptance of the conditional offer received, conditional on the following: v. Establishment of an appropriate Reserve Fund for capital contribution, with requirements that interest revenue only be utilized for current maintenance/operations, and capital amount only for Harbourfront development supporting an outer harbour marina development vi. Clarification, to the satisfaction of Council, of the level of maintenance required for the five-year requirement of DFO. vii. Confirmation of insurance ramifications. viii. Investigation of inclusion of hold harmless provisions on any transfer from Environmental Liability. Described in further detail those conditions include: 1) Environmental Liability a. The environmental studies conducted to date by SCH have been based on Federal environmental standards where the Municipality would be held to Ontario Provincial environmental standards. i. ‘The administrative and operational considerations involved in the transfer of an active port and associated facilities from SCH to the Municipality of Bayham are considered outside the scope of this Remedial Options Analysis and Remedial/Risk Management Action Plan’ This condition is about risk avoidance. Proceeding without specific language and protections possesses too great of unknown financial and environmental liabilities and risks given the financial realities of the Municipality. PSAB 3260 Liability of Contaminated Sites, which requires environmental degradation of land to be reported and accounted for on financial statements, reinforces this position. 2) Public Use Provisions a. Clarification, to the satisfaction of Council, of the level of maintenance required for the five-year requirement of SCH. b. Detailed accounts of funds expended by SCH over the five years proceeding potential transfer. Given the limited capital resources of the Municipality and the potential financial and insurance implications of harbour activities detailed understanding of the above provisions is required. This fact is furthered given the natural sedimentation forces and historical evidence of the same, in Bayham. Scholarly research from the peer reviewed Journal of Marine Policy reinforces the careful consideration of the above conditions: Because many of these divested harbours have legacy contaminant issues, divestiture transfers a variety of potentially complex environmental liabilities to new custodians, who may lack specific risk assessment experience or financial resources to implement costly remediation or monitoring programmes. For many federally owned harbours undergoing divestiture, the choice of dredge disposal options is often limited, because sediment contaminants often exceed sediment quality guidelines (SQGs). For example, in Nova Scotia recent changes in provincial environmental regulations related to disposal of dredge material under Division IV-Section 10 (1) (c) of the Environment Act, now means that some traditional land- based disposal methods are no longer acceptable. Dredge disposal at licensed waste disposal containment cell facilities (on land) or conventional landfill sites are viable, but expensive options. Because of these issues, many third party owners are reluctant to assume ownership due to liability concerns related to environmental contamination 12. 3) Transfer Payment a. An amount which would fully maintain all infrastructure or improve all 12 Harbour Divestiture in Canada: Implications of Changing Governance – Journal of Marine Policy, Walker et al. August 2015 infrastructure for a specified period of time, as determined by a qualified consultant, so that no levy requirements are utilized on the harbour lands. Divestiture is a complex discussion and possibility with various associated opportunities, risks and expenses. Council is proceeding, as it has over the past years, with extreme caution and only down a path with clear, objective net benefits to the Municipality that does not add additional risks to the current municipal risk portfolio. Report CAO 44/16 re Small Craft Harbours – Harbour Lands Divestiture has been prepared, at the direction of Council, utilizing available information for public information purposes. RECOMMENDATION 1.THAT Report CAO-44/16 re Small Craft Harbours – Harbour Lands Divestiture be received for information. Respectfully Submitted by: Paul Shipway CAO l egend TerreslriolSile Areo () Stantec E:SJ Aquatic S~e Area D Properly Boundary Noles 1. Cootdinote System: NAO 1983 UlMZone 17N 2. h'lage Source; Notional Air Photo library. 11956). Pott Burwel! Air Ptioto, September 25, 1956. I :10,000. A 1555 1. Pho to 18. O ttawa. ON: Deporlmenl of Energy. Mines and Re1ou1ces. 3. Properly Boundary: Kim Husted SUfveying Ud. (!998). Pion 11R·6760, Projecl97-45621. Reference HF 1. February 17, 1998. Tillsonburg, ON . Ci ent/Projecl Deportment of Fisheries and Oceans Canada Remedial Options Analysis and Remedial/Risk Management Action Pion Port Burwell Small Croft Harbour. Ontario Fig1.1eNo . A.4 Tille Port Burwell in 1956 APPENDIX 'A' l e g e nd Appro.>lmote Terres trid Site Area ()stantec i;;::::sJ Appro:itirnote Aquatic Sil e Area ~ P1operly Boundary No l es \.Coordinate S~tem: NAO 1983 UTMZone 17N 2. :rnoge Source: National A~ Photo Library. [1973). Port Surwe~ Aii Photo. Mot 19.1973. 1:30,000. A:r.3285 . Photo 196. Ottawa, ON: Deportmen! of Ehe1gy, Mines and Resource1. 3. Property Boundary: Kim Husted SUfveying Ud. (1998). Pion l \R·6760. Project 97-45621, Referenc e HF 1, February 17, 1998. Tilli.onburg, ON . CGenl/Project Deportment of Fisheries and Oceans Canada Remedial Options Analysis and Remedial/Risk Management Action Pion Port Burwell Small Craft Harbour. Ontario FigueNo. A.5 Tille Port Burwell in 1973 APPENDIX 'B' APPENDIX 'C' AP P E N D I X ' D ' APPENDIX 'E' A P P E N D I X ' F ' Official Plan of the Municipality of Bayham Revised 2012 Page 3-13 3.3.1 Specific Policy Area No. 1 – Elliott Road Notwithstanding the “Agriculture” policies of this Plan to the contrary, the lands comprising approximately 43 hectares in Part Lot 15, Concession 10 of the Municipality of Bayham and bounded by Green Line to the north, Provincial Highway 3 to the south, Elliott Road to the east and a wooded area to the west, and occupied by ten (10) existing non-farm residential dwellings may accommodate a total of twenty (20) non-farm dwellings in the area designated as “Specific Policy Area” on Schedule “A1” to this plan. 3.3.2 Specific Policy Area No. 2 – Port Burwell Harbour In addition to the policies of Section 6.1, the lands within the “Hazard Lands” designation in Port Burwell which are generally situated south of Robinson Street, and east of the Big Otter Creek and extending into Lake Erie, are designated as “Specific Policy Area” on Schedule “D” to this plan and may be used to develop a marina and ancillary facilities. These lands will remain in a holding zone until such time as the conditions regarding development as outlined in Section 6.1 of this Plan can be accommodated to the satisfaction of the Municipality, in consultation with the Province and the Conservation Authority. 3.3.3 Specific Policy Area No. 3 – Chateau Wyndemere The re-development of the former church retreat lands comprising 22.1 hectares of land located south of Nova Scotia Line in Part Lot 6, 7, 8, Concession 1, will require an Official Plan and Zoning By-law amendment prior to any development. The approval authority will identify the required studies, through pre-consultation, prior to any amendment to this Plan, which shall include, at a minimum, the following. a)Studies completed to the satisfaction of the Ministry of Environment and the Municipality with respect to the proposed sewage and water services in accordance with Sections 3.1.3.2 and 5.1 of the Official Plan; b)Completion of an Environmental Impact Study (EIS) in accordance with Section 2.2.3.3 of the Official Plan; c)Cultural and An archaeological assessments to be completed to the satisfaction of the Ministry of Tourism and Culture as per Section 2.6.3 of the Official Plan; d) An agricultural impact assessment, to be completed to the satisfaction of the approval authority. e)Adequate and appropriate access to a public road. f) A development agreement entered into between the developer and the Municipality, which shall address, but is not limited to, vehicular access to the lands APPENDIX 'G' Official Plan of the Municipality of Bayham Revised 2012 Page 6-1 SECTION 6 NATURAL HAZARD LANDS 6.1 HAZARD LANDS DESIGNATION 6.1.1 General 6.1.1.1 The “Hazard Lands” designation applies to areas which exhibit or potentially exhibit a hazardous condition as a result of their susceptibility to flooding, erosion, dynamic beach hazards, subsidence, slumping, inundation or the presence of unstable soils, unstable bedrock, or steep slopes. 6.1.1.2 In the Municipality of Bayham the boundaries of the “Hazard Lands” designation have been generalized on Schedule “A2”, “B”, “C”, and “D” to follow the regulation limit determined by the Long Point Region Conservation Authority due to the absence of detailed engineered flood line mapping in the Municipality. These areas may be used for any of the uses permitted in the underlying land use designation found on the map. In all cases the location of buildings and structures for purposes other than flood or erosion control will be regulated through the provisions of the Zoning By-law after Municipal Council has consulted the Conservation Authority where applicable. 6.1.1.3 The “Hazard Lands” designation within Port Burwell, adjacent to Big Otter Creek was determined through the simulation of the 100-year hydraulic flood as established by the Conservation Authority. The lands within the “Hazard Lands” designation represent the engineered Flood plain for the Big Otter Creek. Bridges, culverts, hydro structures and boathouses without residential quarters, are permitted. 6.1.2 Buildings and Fill No buildings and structures shall be permitted in the “Hazard Lands” except where a permit or written clearance is obtained from the Conservation Authority or where such buildings, structures or fill are intended for flood or erosion control and are approved by the Municipal Council and/or the Conservation Authority. 6.1.3 Flood Control Work Whenever any flood control or other works are undertaken which result in changes in any area designated as “Hazard Lands”, such changes will be incorporated into the appropriate Land Use Plan, by an amendment to this Plan. 6.1.4 Land Dedication Under the Planning Act Where new development is proposed on a site, part of which is designated as “Hazard Lands” in the plan, then such lands shall not necessarily be acceptable as part of the dedication for park purposes as required under the Planning Act. All lands dedicated to the Municipality shall be conveyed in a physical condition satisfactory Official Plan of the Municipality of Bayham Revised 2012 Page 6-2 to the Municipality. 6.1.5 Setbacks and Lotlines Building setbacks will be imposed from the margins of hazard lands in relation to the kind, extent and severity of the existing and potential hazards after consultation with the Conservation Authority. 6.1.6 Consideration of Amendments 6.1.6.1 Where any land designated as “Hazard Lands” is under private ownership, the Plan does not intend that this land will necessarily remain as hazard land indefinitely, nor shall it be construed as implying that such land is free and open to the general public or that the land will be purchased by the Municipality or any other public agency. Applications for the redesignation of “Hazard Lands” for other purposes may be considered by the Municipal Council after consultation with the Conservation Authority and various Ministries or agencies and after consideration of the following: a) The existing physical hazards; b) The potential impacts of these hazards; c)The proposed methods by which these impacts may be overcome in a manner consistent with accepted engineering techniques and resource management practices; and, d)The costs and benefits in monetary, social and biological value in terms of any engineering works and/or resource management practices needed to overcome these impacts. 6.1.6.2 There is no public obligation, however, either to redesignate or to purchase any area designated “Hazard Lands” particularly if there is an existing or potential hazard that would be difficult or costly to overcome, and furthermore, any studies or plans required by the Municipality or the Conservation Authority must be prepared by the applicant/landowner at his own expense. 6.1.7 Valley Walls and Top of Bank 6.1.7.1 Valley walls and banks adjacent to the actual flood plain or valleylands system in the “Hazard Lands” designation may be subject to erosion or instability due to soil and slope characteristics. In many cases, these lands also possess unique physical features, which further warrant their preservation. 6.1.7.2 Valley walls and the top of bank shall be considered to extend from the flood plain to a distance of 30 metres from the top of bank of all flood plain areas. Valley walls are the area of lands between Official Plan of the Municipality of Bayham Revised 2012 Page 6-3 the watercourse and the top of bank. The top of bank is defined as the highest point of the valley walls as determined by a 3:1 (run:rise) elevation, which begins 15 metres back from the toe of bank of the watercourse. 6.1.7.3 Lands within the valley walls and top of bank areas are intended primarily for the preservation of the natural landscape. Such uses as agriculture, outdoor recreation, nursery gardening, forestry, public or private parks, or other outdoor recreation functions, may be permitted. 6.1.7.4 The erection of buildings, grading, or any other construction may be undertaken in this area provided that: a) Engineering reports are prepared at the cost of the owner/applicant to ensure that the proposed construction will not be endangered by possible erosion or land slippage and that adequate tableland exists to ensure proper sewage servicing. b) The development is compatible with the natural landscape and does not adversely alter the valley features or result in extensive clearing of wooded areas. c) Written permission is received from the Conservation Authority and the Ministry of Natural Resources. 6.1.8 Lake Erie Shoreline 6.1.8.1 The Lake Erie shoreline area is a strip of land immediately adjacent to Lake Erie that is influenced by flooding, erosion, and dynamic beach hazards and may present a hazard to any structures within this area. For the purpose of the Official Plan the “Hazard Lands” will begin at the furthest landward limit of these three shoreline hazards. a) The flooding hazard limit will extend for a distance determined by the following formula: 100 yr. flood level + 15 metres (engineered flood allowance for wave uprush and other water related hazards) b) The erosion hazard limit will extend for a distance determined by the following formula: D = 3h + 100r (or) 30 metres (whichever is greater) Where D = Setback (metres) measured from toe of bluff h = Difference in elevation between top of bluff and toe of bluff which Official Plan of the Municipality of Bayham Revised 2012 Page 6-4 may or may not be below or above lake level elevation Note: Lake level is elevation 173.85 metres ASL (GSC datum) (average for last ten (10) years during November to March period) 100 = Constant representing 100 years of protection r = Rate of erosion in metres per year at the point under consideration, as determined by the appropriate Conservation Authority. c) The dynamic beach hazard limit will extend for a distance determined by the following formula: flooding hazard limit as determined by subsection 6.1.8.1 a) + dynamic beach allowance of 30 metres 6.1.8.2 The policy of this Official Plan is to allow structures within this area only if the erosion at the building site in question has been decreased to zero by a stabilization project. Such stabilization project must be: a) Designed and supervised by a registered Professional Engineer; b) Approved by the appropriate Conservation Authority, Municipal Council and the Ministry of Natural Resources. 6.1.8.3 In some cases, buildings and structures may be erected closer to the waterline than the distance calculated through the application of the formula in subsection 6.1.8.1 a) of this Plan. Such buildings and structures may be associated with water-related uses such as marinas, docks and boathouses, and in all cases, the erection or expansion of all such buildings and structures shall be subject to the approval of the appropriate Conservation Authority. 6.1.8.4 For areas that are exposed to the 1:100 year lake level and wave uprush as defined by the Ministry of Natural Resources, new development, and additions to, or relocations of existing structures, shall incorporate floodproofing measures and shall be subject to the approval of the Municipal Council, Ministry of Natural Resources and the appropriate Conservation Authority. 6.1.9 Development Policies 6.1.9.1 The following policies will apply for any proposed development within the “Hazard Lands” designation: a) Development within the defined portion of a dynamic beach, or in areas which will initiate or increase existing flooding hazards, erosion rates, or dynamic beach Official Plan of the Municipality of Bayham Revised 2012 Page 6-5 processes along areas of the Flood plain, valley walls and Lake Erie shoreline will not be permitted. b) On the Lake Erie shoreline, the approval of the Ministry of Natural Resources will also be secured before Council gives favourable consideration to any shoreline- related development. c) Vehicular and pedestrian mobility to and from sites within the “Hazard Lands” designation must be ensured during times of emergency (ie. flooding, erosion etc.). d) No new development of buildings or other structures will be permitted on the toe of slope if it is unstable and susceptible to erosion. Slope stabilization measures shall be undertaken in accordance with the advice of the appropriate Conservation Authority. e) No development involving institutional uses, essential emergency services, or involving the disposal, manufacture, treatment, or storage of hazardous substances will be permitted. 6.1.10 Docks and Waterfront Structures 6.1.10.1 Docks, waterfront and marina structures on property abutting water shall: a) Be subject to the approval of the appropriate Conservation Authority, and where title to the bed of the waterway is vested with the Crown, the Ministry of Natural Resources; b) Be designed, constructed and maintained in a manner that contributes to the amenity of the Municipality; c) Be capable of withstanding damaging storms, ice and high water conditions, or alternatively be designed to be removed during winter months. Seasonal structures are to be removed prior to winter freeze-up; d) Not contain sanitary facilities unless connected to municipal sewers; e) Be located so as not to interfere with navigation or aids to navigation; f) Be constructed and placed so as to minimize the impact on natural vegetation and topography; g) Not contain any residential accommodations. Big O t t e r C r e e k CH A T H A M S T BA R B A R A A V E NO V A S C O T I A L I N E PITT S T ASHL E Y A V E ROBI N S O N S T VI C T O R I A S T B R I D G E S T ER I E U S S T AD D I S O N S T ST R A C H A N S T EL I Z A B E T H S T WELLINGTON ST WATERLOO ST LAKE S H O R E L I N E MI L T O N S T SH A K E S P E A R E S T NEWTON ST LIBBYE ST BROCK ST HU R L E Y S T COWPER ST PL A N K R D HOMER ST WILLIAM ST BURWELL ST TENNYSON ST G R A C E C R T RO B I N S O N S T HANNAH ST SOUTHEY ST MC C O R D L A N E Schedule 'D' forms part of Official Planof the Municipality of Bayham and must be read in conjunction with the written text. Lake Erie J: \ 3 4 0 4 \ 0 . 0 G e n e r a l \ C o p y o f 5 . 8 G I S U n d e r C o n s t r u c t i o n \ M a p s \ C u r r e n t \ R e v i s e d M a p s \ P M M _ S c h e d _ D _ A d o p t e d - 2 0 1 2 - 0 2 - 0 9 . m x d January 2012 OFFICIAL PLAN OF THEMUNICIPALITY of BAYHAM SCHEDULE 'D' PORT BURWELL:LAND USE and CONSTRAINTS 1:10,000 0 250 500125Metres C o n s t r a i n t s C o n s t r a i n t s Sewage Treatment Facilities Hazard Lands L a n d U s e L a n d U s e Residential Commercial Multi Unit ResidentialHarbour Residential / Commercial Open Space InstitutionalIndustrial Specific Policy AreasConservation Lands SPECIFIC POLICYAREA NO. 2 B a s e F e a t u r e s B a s e F e a t u r e s Local RoadsCounty Roads Existing Petroleum Wells 3.3 Holding Zones In any zone which is accompanied by the holding symbol “h”, the uses normally permitted by that zone for lands, buildings or structures may only be allowed when the holding symbol is removed by amendment to this By-law or any subsequent holding by- law. Permitted uses, when the holding symbol (h) is applied, are limited to those that existed on the date when the holding by-law was passed. The purpose of individual holding zones is as follows: a)h1 Purpose: To ensure public health and safety, an agreement with the Municipality, or the satisfying of conditions of severance, which address impacts of new development to the applicable proposed water supply system and/or sewage treatment and disposal system; and which may include issues relating to water capacity, water quantity, water quality, and financial costs will be required prior to the removal of the “h1” zone symbol. b)h2 Purpose: To ensure orderly development, a subdivision agreement with the Municipality, which addresses financial and servicing impacts of new development to the Municipality, will be required prior to the removal of the “h2” zone symbol. c)h3 Purpose: To ensure the mitigation of impacts to natural heritage features and their ecological functions, an Environmental Impact Study will be required prior to the removal of the “h3” zone symbol. d)h4 Purpose: To ensure parcels of land do not become landlocked, proof of access to a public right-of-way by the proponent will be required prior to the removal of the “h4” zone symbol. 3.4 Application of Regulations No person shall within any zone use any land or erect, build, construct, reconstruct, relocate, excavate for, alter, add to, enlarge, extend or use any building or structure, except in conformity with this By-law for the zone in which such land, building, structure or use is located. 3.5 Defined Areas All zones may be subdivided into one or more defined areas within which greater or lesser restrictions shall apply. These defined areas shall be designated by reference to the symbol of the zone within which each such defined area is located together with a number so as to differentiate different defined areas within a zone from each other and from other areas within the zone. 3.6 Exceptions for Defined Areas Within any zone there may apply exceptions with respect to a defined area and, in addition to such exceptions, all provisions of this By-law including the general use regulations and the special use regulations applicable to the zone within which the defined area is located shall apply to the defined areas; provided that, unless a contrary intention appears from the exceptions, the following shall apply: a)If the exceptions establish regulations different from the general provisions of this By-law, including the general use regulations and special use regulations applicable to the zone within which the defined area is located, the exceptions shall supersede and prevail over such corresponding regulations of this By-law. Z611-2012 3-3 b) If the exceptions establish one (1) or more specifically permitted uses of the defined area, such permitted use or uses shall be the only purpose or purposes for which land, buildings or structures within the defined area may be used; and c) If the exceptions specifically permit one (1) or more uses in addition to those otherwise permitted in the zone within which the defined area is located, any and all of the other exceptions applicable to the defined area shall also apply to the additional permitted use or uses and not only to the uses not otherwise permitted in the zone. 3.7 Multiple Zones Where a lot is subdivided into more than one zone, the regulations applicable to these zones shall apply to the respective areas so zoned, and the zone lines shall be deemed to be lot lines for the purposes of this By-law. 3.8 Interpretation of Zone Boundaries Where any uncertainty exists as to the location of the boundary of any of the said zones as shown on the zoning maps, the following shall apply: a) Unless otherwise shown, the boundary of the zones as shown on the zoning maps are the centre lines of the road allowance or lot lines and the projection thereof b) Where a zone boundary is indicated as approximately following lot lines, such lot lines shall be deemed to be the said zone boundary; c) Where a zone boundary is indicated as approximately parallel to the line of any road and the distance from such road is not indicated, such zone boundary shall be construed as being parallel to such road and the distance therefrom shall be determined by the use of the scale shown on the zoning maps; d) Unless otherwise indicated, a road, railway right-of-way, or watercourse included on the zoning maps is included within the zone of the adjoining lands on either side thereof; and where such road, right-of-way, or watercourse serves as a boundary between two or more different zones, a line midway in such road, street, lane, right- of-way, or watercourse and extending in the general direction of the long division thereof is considered the boundary between zones unless specifically indicated otherwise; e) In the event a road, street, lane or railway right-of-way shown on the zoning maps is closed, the land formerly in said road or right-of-way shall be included within the zone of the adjoining land on either side of the said closed road or right-of-way, and the zone boundary shall be the former centre line of the said closed road or right-of- way; f) Where any zone boundary is left uncertain after application of the preceding provisions, then the boundary line shall be determined according to the scale on the zoning maps in the office of the Municipality. 3.9 Conservation Authority Regulation Limit 3.9.1 Any zone which is accompanied by the hatch/shading symbol identified as “conservation authority regulation limit”, the uses normally permitted by that zone for lands, buildings or structures may only be allowed when written approval is obtained from the Conservation Authority. Permitted uses, when the “conservation authority regulation limit” symbol is applied, are limited to those that existed on the date when the holding by-law was passed. 3.9.2 The conservation authority regulation limit does not delimit the extent of all the areas regulated by the Regulation (Ontario Regulation 178/06). Mapping will be periodically updated by the Conservation Authority as more detailed information becomes available. The areas described in the text of the Regulation prevail over the delineated boundary or where a line is absent. 4-21 By-law shall apply to prevent the continued use of the lot as reduced as if no such acquisition had taken place, provided that: a)No further change is made in the dimensions, area or any other characteristics of the lot as reduced, subsequent to the date of such acquisition, that would increase the extent of the said non-conformity; and b)No building or structure or addition thereto is erected on the lot as reduced, subsequent to the date of such acquisition, except in accordance with all the provisions hereof for the zone in which such lot is located. 4.52.2 In the case of a road widening dedication, the land that has been or will be dedicated shall be included in any calculation for the purpose of determining lot area, coverage, height, parking, landscaped open space, floor area, floor area ratio, and the location of any permitted building or structure relative to the required side or rear yards, provided any building or structure is located wholly within the boundary of the land remaining after the dedication. 4.53 Ancillary Sale of Automobiles Sales of automobiles ancillary to a motor vehicle service station, public garage, or motor vehicle body shop shall be limited to maximum of six (6) automobiles being stored, kept or displayed for sale on the site at anytime. 4.54 Adult Entertainment Parlours 4.54.1 Notwithstanding any other provision of this By-law, an Adult Entertainment Parlour shall be prohibited in any zone or on any site or location that is situated less than 500 metres from an existing residential or institutional use. 4.54.2 An Adult Entertainment Parlour shall also be prohibited in any zone or on any site or location that is situated less than 500 metres from any zone that permits residential or institutional uses. 4.55 Minimum Distance Separation Formulae 4.55.1 The Minimum Distance Separation Formula I shall be applied to any proposed development in all zones, excluding any hamlet or village zones. 4.55.2 The Minimum Distance Separation Formula II shall be applied to any new or expanding livestock or poultry facility. 4.56 Conservation Authority Regulation Limit Notwithstanding any other provisions of this By-law, where lands are located within the defined area labelled as “conservation authority regulation limit” on any schedule to this By-law, no development shall be permitted without written approval from the conservation authority. Development shall mean the construction, reconstruction, erection or placing of a building or structure of any kind; any change to a building or structure that would have the effect of altering the use or potential use of the building or structure; increasing the size of the building or structure or increasing the number of dwelling units in the building or structure; site grading; or the temporary or permanent placing, dumping or removal of any material, originating on the site or elsewhere. 11-1 SECTION 11 VILLAGE RESIDENTIAL (R2) ZONE REGULATIONS 11.1 Permitted Uses No land shall be used and no buildings or structures shall be erected, used, or altered in the Village Residential (R2) Zone except for the following purposes: Double duplex dwelling; Multi-unit residential use; Triplex dwelling; Townhouse and rowhouse dwelling; Apartment building; Boarding house or rooming house; Senior citizen home; Group home; Home occupation; Accessory buildings and structures. 11.2 Permitted Buildings and Structures Buildings and structures for the permitted uses; Accessory buildings and structures for the permitted uses. 11.3 Minimum Lot Area Triplex, double duplex, townhouse, or rowhouse dwellings: Port Burwell, Vienna: 340 m2 per dwelling unit Straffordville: 400 m2 per dwelling unit Apartment buildings or multi-unit dwellings: 10 units or less: 325 m2 for each of the first four (4) dwelling units and 93 m2 for each additional dwelling unit thereafter More than 10 units: 340 m2 per dwelling unit Boarding or rooming house, senior citizens home, nursing home or group homes: 557 m2 for the first ten (10) rooms capable of being occupied and 46 m2 for each additional room thereafter. 11.4 Minimum Lot Frontage Triplex, double duplex, townhouse, or rowhouse dwellings: 25.0 metres All other dwellings: 10.0 metres. per dwelling unit or 40.0 metres., whichever is less 11.5 Maximum Building Coverage 50 % 11.6 Minimum Floor Area Triplex, double duplex dwelling units: 80.0 m2 Apartment building units: 50.0 m2 Boarding or rooming house, senior citizens/nursing home or group homes: 40.0 m2 11.7 Minimum Front Yard Depth 6.0 metres. 11.8 Minimum Side Yard Width Dwelling with an attached garage or carport: 1.2 metres plus 0.5 metres for each additional or partial storey above the first storey Dwelling without an attached garage or carport: 1.2 metres plus 0.5 metres for each additional or partial storey above the first storey for one side and 3.0 metres on the other side Dwelling situated on a corner lot: 4.5 metres on the side abutting a public street and a minimum of 1.5 metres on the other side 11.9 Minimum Rear Yard Depth 9.0 metres. or one-half the height, whichever is greater. 11.10 Regulations for Accessory Buildings Notwithstanding the provisions of Section 4.2, the following shall apply: a)Notwithstanding the provisions of paragraph a), no accessory building shall be located within 6.0 metres of a public street. b)Maximum Height - 3.5 metres. c)Maximum Floor Area - 18.5 square metres. 11.11 Exceptions - Village Residential (R2) Zone 11.11.1 11.11.1.1 Defined Area R2-1 as shown on Schedule “H” to this By-law. 11.11.1.2 Permitted Uses Dwelling, Four-Unit Restaurant, drive-in or take-out, as an accessory use. 11.11.1.3 Permitted Buildings and Structures Existing buildings and structures for the permitted uses. 11.11.1.4 Minimum Floor Area 55.0 square metres per dwelling unit. Previous Section 11.11 a) removed by Z556-2008 19-1 SECTION 19 TOURIST COMMERCIAL (C3) ZONE REGULATIONS 19.1 Permitted Uses No land shall be used and no buildings or structures shall be erected, used, or altered in the Tourist Commercial (C3) Zone except for the following purposes: Bed and Breakfast Lodging or Tourist Home; Bus depot; Commercial fishing operations, excluding any commercial processing operations; Hotel, motel; Marina and accessory uses, including boat storage and repairs; Restaurant; Retail service shop; Tavern; Travel trailer camping park; Accessory use including one dwelling unit as an accessory use; 19.2 Minimum Lot Area Public sanitary sewage disposal service, but no public water supply: 900m² Public water and sanitary sewage disposal services are available: 555m² Tourist commercial uses providing lodging / accommodations: 555 m2 for the first ten (10) rooms capable of being occupied and 46 m2 for each additional room thereafter 19.3 Minimum Lot Frontage 15.0m 19.4 Maximum Lot Coverage 50% 19.5 Maximum Building Height 12.0m 19.6 Minimum Floor Area Commercial Use: 10m² Accessory dwelling units: In accordance with Section 4.45 Accessory single detached dwelling: 65m² 19.7 Minimum Front Yard Depth 6.0 metres 19.8 Minimum Side Yard Width 4.5m 19.9 Minimum Rear Yard Depth 10.0m 19.10 Buffer Strip Where a C3 Zone abuts a Residential, Institutional or Open Space Zone, a buffer strip shall be provided along the abutting lot lines having a minimum width of 2.0 metres. 19.11 Regulations for Travel Trailer Park Regulations related to the establishment and operation of a travel trailer park shall be as set down by the Tourism Act, and regulations thereto as amended from time to time. 19.12 Dwelling Units No commercial building wherein gasoline, petroleum products, paint or any other highly flammable, toxic or explosive products are handled in quantity shall have accessory dwelling units. Where such dwelling units exist and the use of the commercial building changes to a use involving the aforementioned products, the said dwelling units shall cease to be occupied as dwelling units. 19.13 Exceptions - Tourist Commercial (C3) Zone R1 I R1I-2 I R1 OS2 R1 R1 R2C2 R1-7 M4 MH I R1(h2)R1(h2) R2(h2) C3 OS2 OS1 OS1 R1(h2) C2C2 OS1 C3(h2) OS2 C2 R1 C3 C3(h2) R1(h2) OS2-5(h2) R1 R2(h2) OS2-9 OS2 R1 R1 R1 I SEE INSET MAP ASHLEYAVE CH A T H A M S T VI C T O R I A S T LIBBYE ST NO V A S C O T I A L I N E B R I D G E S T AD D I S O N S T ST R A C H A N S T R O B I N S O N S T SEE SCH EDULE A -MAP No.13 SEE SCHEDULE A -MAP No.14 MUNICIPALITY OF BAYHAMSCHEDULE IPORT BURWELL 0 200 400100 Metres Legend LPRCA Regulation Limit R1-7 I I MH I R2 I C1 R2 II C1 R2 OS2 R2 R2 C2 C2 R1 MH C2 OS2 OS2-5(h2) R1-10 R1 R1 R1 R1 EL I Z A B E T H S T ER I E U S S T ST R A C H A N S T RO B I N S O N S T MI L T O N S T PITT S T WELLINGTON ST WATERLOO ST HANNAH ST VI C T O R I A S T INSET MAP 20 0 9 A n n u a l Am o r t i z a t i o n 20 0 9 C a p i t a l B u d g e t 20 0 9 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f L e v y Fu n d i n g / A s s e t C l a s s 20 0 9 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t $1 4 , 4 8 8 $4 0 , 6 5 0 $3 2 , 0 0 0 22 1 % $775,202 1.45% Pr o t e c t i o n s e r v i c e s Fi r e $6 5 , 2 8 4 $3 3 0 , 6 7 5 $3 1 , 4 1 2 48 % $1,219,492 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l $3 , 5 0 2 $0 $0 0% $21,149 Em e r g e n c y m e a s u r e s $0 $0 $0 0% $0 SU B T O T A L $6 8 , 7 8 6 $3 3 0 , 6 7 5 $3 1 , 4 1 2 46 % $1,240,641 2.33% Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d $6 5 4 , 1 1 2 $3 8 7 , 0 0 0 $4 7 , 8 6 9 7% $26,958,379 Ro a d s - U n p a v e d $3 6 , 7 4 8 $1 4 8 , 6 0 0 $1 9 , 2 2 0 52 % $648,121 Ro a d s - B r i d g e s a n d C u l v e r t s $2 0 , 0 8 5 $0 $0 0% $125,721 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e $1 9 , 3 3 4 $0 $0 0% $640,742 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s $1 , 7 3 1 $0 $0 0% $11,730 Pa r k i n g $5 1 0 $0 $0 0% $509 St r e e t l i g h t i n g $2 , 2 1 4 $2 0 , 0 0 0 $2 0 , 0 0 0 90 3 % $23,057 Ot h e r $1 1 1 , 7 9 6 $2 4 0 , 0 0 0 $2 5 , 0 0 0 22 % $955,347 SU B T O T A L $8 4 6 , 5 3 0 $7 9 5 , 6 0 0 $1 1 2 , 0 8 9 13 % $29,363,606 55.04% En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e $2 3 4 , 5 7 3 $6 2 5 , 6 0 5 $0 0% $15,106,601 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l $7 2 , 4 5 6 $0 $0 0% $1,932,366 Ur b a n s t o r m s e w e r s y s t e m $0 $0 $0 0% $0 Ru r a l s t o r m s e w e r s y s t e m $0 $0 $0 0% $0 Wa t e r t r e a t m e n t $5 0 , 7 1 9 $0 $0 0% $1,938,050 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n $2 4 , 2 1 6 $2 , 2 1 6 , 9 7 8 $0 0% $2,033,235 SU B T O T A L $3 8 1 , 9 6 4 $2 , 8 4 2 , 5 8 3 $0 0% $21,010,252 39.38% He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s $2 5 7 $1 0 , 0 0 0 $1 0 , 0 0 0 38 9 1 % $3,352 Ce m e t e r i e s $0 $6 , 0 9 3 $6 , 0 9 3 NA $19,932 Ot h e r $0 $0 $0 0% $0 SU B T O T A L $2 5 7 $1 6 , 0 9 3 $1 6 , 0 9 3 62 6 2 % $23,284 0.04% Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s $1 4 , 0 2 9 $7 , 8 8 6 $7 , 8 8 6 56 % $494,878 Ha r b o u r / B e a c h $0 $1 3 , 9 7 2 $1 3 , 9 7 2 NA $0 Re c . F a c . $6 , 8 6 7 $1 5 , 0 0 0 $1 5 , 0 0 0 21 8 % $207,852 Li b r a r i e s $3 , 7 7 8 $0 $0 0% $51,348 Mu s e u m s / C u l t u r e $7 , 3 4 7 $2 1 , 6 6 2 $2 1 , 6 6 2 29 5 % $184,061 SU B T O T A L $3 2 , 0 2 1 $5 8 , 5 2 0 $5 8 , 5 2 0 18 3 % $938,139 1.76% TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) $9 6 2 , 0 8 2 $1 , 2 4 1 , 5 3 8 $2 5 0 , 1 1 4 26 % $53,351,124 100% $1 , 3 4 4 , 0 4 6 $4 , 0 8 4 , 1 2 1 $2 5 0 , 1 1 4 $6 7 $53,351,124 $1 NO T E S Re l i e d H e a v i l y o n 2 0 0 8 Un e x p e n d e d C a p i t a l ($ 6 0 0 , 0 0 0 + ) , t h u s b a s i c a l l y n o ca p i t a l l e v y i n 2 0 0 9 a n d t h a t wo u l d i n d i c a t e l i t t l e t o n o Ca p i t a l w a s c o m p l e t e d i n 2 0 0 8 APPENDIX 'H' 20 1 0 A n n u a l Am o r t i z a t i o n 20 1 0 C a p i t a l B u d g e t 2 0 1 0 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f L e v y Fu n d i n g / A s s e t C l a s s 20 1 0 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t $ 1 3 , 0 9 3 $ 2 5 , 5 0 0 $ 2 5 , 5 0 0 1 9 4 . 7 6 % $ 7 6 2 , 1 0 9 1 . 4 0 % Pr o t e c t i o n s e r v i c e s Fi r e $6 9 , 5 5 2 $8 6 9 , 0 0 0 $1 7 0 , 5 0 0 24 5 . 1 4 % $1,314,135 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l $2 , 2 9 9 $6 , 0 0 0 $6 , 0 0 0 26 0 . 9 8 % $31,850 Em e r g e n c y m e a s u r e s $0 $0 $0 0. 0 0 % $0 SU B T O T A L $7 1 , 8 5 1 $8 7 5 , 0 0 0 $1 7 6 , 5 0 0 24 5 . 6 5 % $1,345,985 2.47% Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d $5 4 4 , 1 8 7 $8 1 1 , 2 2 0 $3 0 9 , 9 0 0 56 . 9 5 % $26,590,776 Ro a d s - U n p a v e d $1 9 , 9 3 8 $9 2 , 0 0 0 $0 0. 0 0 % $628,183 Ro a d s - B r i d g e s a n d C u l v e r t s $3 , 8 3 7 $3 3 , 0 0 0 $0 0. 0 0 % $198,884 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e $1 2 , 6 8 2 $0 $0 0. 0 0 % $647,014 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s $1 , 0 1 3 $0 $0 0. 0 0 % $10,717 Pa r k i n g $7 6 $0 $0 0. 0 0 % $433 St r e e t l i g h t i n g $1 , 6 7 8 $1 5 , 0 0 0 $5 , 0 0 0 29 7 . 9 7 % $21,379 Ot h e r $2 6 , 1 8 9 $3 1 1 , 0 0 0 $0 0. 0 0 % $984,911 SU B T O T A L $6 0 9 , 6 0 0 $1 , 2 6 2 , 2 2 0 $3 1 4 , 9 0 0 51 . 6 6 % $29,082,297 53.30% En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e $2 0 4 , 8 0 6 $5 0 8 , 8 4 3 $0 0. 0 0 % $14,955,772 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l $7 7 , 9 3 8 $0 $0 0. 0 0 % $2,435,120 Ur b a n s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Ru r a l s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Wa t e r t r e a t m e n t $5 2 , 2 4 4 $0 $0 0. 0 0 % $1,888,468 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n $4 1 , 9 9 5 $1 , 2 4 9 , 1 0 0 $0 0. 0 0 % $2,972,000 SU B T O T A L $3 7 6 , 9 8 3 $1 , 7 5 7 , 9 4 3 $0 0. 0 0 % $22,251,360 40.78% He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s $1 9 3 $0 $0 0. 0 0 % $3,159 Ce m e t e r i e s $0 $1 0 , 0 0 0 $1 0 , 0 0 0 NA $19,932 Ot h e r $0 $0 $0 0. 0 0 % $0 SU B T O T A L $1 9 3 $1 0 , 0 0 0 $1 0 , 0 0 0 51 8 1 . 3 5 % $23,091 0.04% Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s $1 6 , 0 6 3 $9 0 , 0 0 0 $2 0 , 0 0 0 12 4 . 5 1 % $668,452 Ha r b o u r / B e a c h $0 $8 8 , 9 0 0 $8 8 , 9 0 0 NA $0 Re c . F a c . $8 , 4 3 6 $1 9 3 , 0 0 0 $7 8 , 0 0 0 92 4 . 6 1 % $199,416 Li b r a r i e s $1 , 7 8 7 $2 5 , 0 0 0 $2 5 , 0 0 0 13 9 8 . 9 9 % $49,561 Mu s e u m s / C u l t u r e $4 , 2 3 1 $2 2 , 6 6 5 $2 2 , 6 6 5 53 5 . 6 9 % $179,830 SU B T O T A L $3 0 , 5 1 7 $4 1 9 , 5 6 5 $2 3 4 , 5 6 5 76 8 . 6 4 % $1,097,259 2.01% TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) $7 2 5 , 2 5 4 $2 , 5 9 2 , 2 8 5 $7 6 1 , 4 6 5 10 4 . 9 9 % $54,562,101 100.00% $1 , 1 0 2 , 2 3 7 $4 , 3 5 0 , 2 2 8 $7 6 1 , 4 6 5 $6 4 $54,562,101 $1 NO T E S 20 1 1 A n n u a l Am o r t i z a t i o n 20 1 1 C a p i t a l B u d g e t 2 0 1 1 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f Fu n d i n g / A s s e t C l a s s 20 1 1 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t $ 1 1 , 7 1 3 $ 5 1 , 0 0 0 $ 5 1 , 0 0 0 4 3 5 . 4 1 % $ 7 6 3 , 1 2 7 1 . 4 1 % Pr o t e c t i o n s e r v i c e s Fi r e $7 1 , 3 0 8 $1 , 0 8 9 , 3 0 0 $1 6 4 , 5 0 0 23 0 . 6 9 % $1,295,092 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l $1 , 5 8 5 $6 , 0 0 0 $6 , 0 0 0 37 8 . 5 5 % $12,355 Em e r g e n c y m e a s u r e s $2 , 1 8 0 0. 0 0 % $15,730 SU B T O T A L $7 5 , 0 7 3 $1 , 0 9 5 , 3 0 0 $1 7 0 , 5 0 0 22 7 . 1 1 % $1,323,177 2.44% Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d $6 8 2 , 4 0 2 $7 4 8 , 8 2 2 $2 4 5 , 0 0 0 35 . 9 0 % $25,908,374 Ro a d s - U n p a v e d $1 2 , 8 4 1 $4 1 , 5 6 3 $0 0. 0 0 % $615,342 Ro a d s - B r i d g e s a n d C u l v e r t s $4 , 1 2 8 $0 $0 0. 0 0 % $544,198 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e $0 $0 $0 0. 0 0 % $647,014 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s $1 , 0 1 3 $0 $0 0. 0 0 % $9,704 Pa r k i n g $0 $0 $0 0. 0 0 % $433 St r e e t l i g h t i n g $1 , 3 7 4 $1 0 , 0 0 0 $0 0. 0 0 % $20,005 Ot h e r $0 $6 0 9 , 0 0 0 $0 NA $1,045,561 SU B T O T A L $7 0 1 , 7 5 8 $1 , 4 0 9 , 3 8 5 $2 4 5 , 0 0 0 34 . 9 1 % $28,790,631 53.20% En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e $2 0 3 , 9 4 8 $3 0 4 , 7 4 3 $0 0. 0 0 % $14,751,379 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l $8 0 , 5 4 6 $0 $0 0. 0 0 % $2,354,574 Ur b a n s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Ru r a l s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Wa t e r t r e a t m e n t $5 3 , 0 7 5 $4 5 0 , 0 0 0 $0 0. 0 0 % $1,908,508 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n $6 0 , 7 1 9 $0 0. 0 0 % $2,711,213 SU B T O T A L $3 9 8 , 2 8 8 $7 5 4 , 7 4 3 $0 0. 0 0 % $21,725,674 40.14% He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s $1 9 3 $0 $0 0. 0 0 % $2,966 Ce m e t e r i e s $0 $3 , 0 0 0 $3 , 0 0 0 NA $19,932 Ot h e r $0 $0 0. 0 0 % $0 SU B T O T A L $1 9 3 $3 , 0 0 0 $3 , 0 0 0 15 5 4 . 4 0 % $22,898 0.04% Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s $2 3 , 1 7 4 $1 0 7 , 9 2 5 $6 5 , 9 2 5 28 4 . 4 8 % $645,278 Ha r b o u r / B e a c h $5 , 8 6 7 $2 7 4 , 8 0 0 $1 3 1 , 9 0 0 22 4 8 . 1 7 % $419,822 Re c . F a c . $5 , 7 4 4 $1 7 4 , 0 0 0 $9 1 , 5 0 0 15 9 2 . 9 7 % $205,000 Li b r a r i e s $1 , 7 8 7 $4 0 , 0 0 0 $0 0. 0 0 % $47,774 Mu s e u m s / C u l t u r e $2 , 7 0 4 $5 5 , 5 0 0 $5 5 , 5 0 0 20 5 2 . 5 1 % $177,126 SU B T O T A L $3 9 , 2 7 6 $6 5 2 , 2 2 5 $3 4 4 , 8 2 5 87 7 . 9 5 % $1,495,000 2.76% TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) $8 2 8 , 0 1 3 $3 , 2 1 0 , 9 1 0 $8 1 4 , 3 2 5 98 . 3 5 % $54,120,507 100.00% $1 , 2 2 6 , 3 0 1 $3 , 9 6 5 , 6 5 3 $8 1 4 , 3 2 5 $3 1 $54,120,507 $1 NO T E S Re l i e d H e a v i l y o n 2 0 1 0 Un e x p e n d e d C a p i t a l ($ 1 7 0 , 0 0 0 + ) 20 1 2 A n n u a l Am o r t i z a t i o n 20 1 2 C a p i t a l B u d g e t 2 0 1 2 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f Fu n d i n g / A s s e t C l a s s 20 1 2 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t 1 7 , 2 2 6 6 6 , 0 0 0 . 0 0 4 7 , 0 0 0 . 0 0 2 7 2 . 8 4 % 7 5 1 , 0 6 2 1 . 3 8 % Pr o t e c t i o n s e r v i c e s Fi r e 1 1 4 , 7 6 6 1 , 2 5 4 , 5 0 0 1 7 0 , 0 0 0 14 8 . 1 3 % 2,276,143 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l 1 , 9 7 0 6 , 0 0 0 6 , 0 0 0 30 4 . 5 7 % 10,385 Em e r g e n c y m e a s u r e s 1 , 7 9 6 0 0 0. 0 0 % 13,934 SU B T O T A L 1 1 8 , 5 3 2 1 , 2 6 0 , 5 0 0 1 7 6 , 0 0 0 1 4 8 . 4 8 % 2 , 3 0 0 , 4 6 2 4 . 2 2 % Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d 6 8 9 , 4 9 5 4 0 6 , 0 0 0 0 0. 0 0 % 25,218,879 Ro a d s - U n p a v e d 1 5 , 4 2 4 5 4 , 0 0 0 0 0. 0 0 % 599,918 Ro a d s - B r i d g e s a n d C u l v e r t s 1 9 , 5 5 8 0 0 0. 0 0 % 524,640 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e 2 , 6 8 0 0 0 0. 0 0 % 644,334 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s 1 , 7 3 6 0 0 0. 0 0 % 7,968 Pa r k i n g 3 5 7 0 0 0. 0 0 % 76 St r e e t l i g h t i n g 2 , 3 6 3 1 0 , 0 0 0 1 0 , 0 0 0 42 3 . 1 9 % 17,642 Ot h e r 9 3 , 8 1 8 5 7 4 , 0 0 0 2 7 0 , 0 0 0 28 7 . 7 9 % 1,198,661 SU B T O T A L 8 2 5 , 4 3 1 1 , 0 4 4 , 0 0 0 2 8 0 , 0 0 0 3 3 . 9 2 % 2 8 , 2 1 2 , 1 1 8 5 1 . 7 5 % En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e 2 3 8 , 6 5 3 2 2 5 , 9 7 2 0 0. 0 0 % 14,512,726 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l 9 6 , 8 9 1 0 0 0. 0 0 % 2,257,683 Ur b a n s t o r m s e w e r s y s t e m 0 0 0 0. 0 0 % 0 Ru r a l s t o r m s e w e r s y s t e m 0 0 0 0. 0 0 % 0 Wa t e r t r e a t m e n t 2 9 , 3 7 7 4 5 0 , 0 0 0 0 0. 0 0 % 1,968,039 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n 1 0 0 , 7 2 1 0 0 0. 0 0 % 2,780,362 SU B T O T A L 4 6 5 , 6 4 2 6 7 5 , 9 7 2 0 0 . 0 0 % 2 1 , 5 1 8 , 8 1 0 3 9 . 4 8 % He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s 2 5 8 0 0 0. 0 0 % 2,708 Ce m e t e r i e s 0 1 2 , 5 0 0 1 1 , 5 0 0 NA 19,932 Ot h e r 00 0 0. 0 0 % 0 SU B T O T A L 2 5 8 1 2 , 5 0 0 1 1 , 5 0 0 4 4 5 7 . 3 6 % 2 2 , 6 4 0 0 . 0 4 % Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s 4 7 , 9 3 6 5 7 , 0 0 0 1 0 , 0 0 0 20 . 8 6 % 633,944 Ha r b o u r / B e a c h 0 1 6 2 , 4 0 0 3 2 , 4 0 0 NA 419,822 Re c . F a c . 9 , 8 2 7 1 3 6 , 5 0 0 7 5 , 0 0 0 76 3 . 2 0 % 318,698 Li b r a r i e s 3 , 7 8 9 1 0 0 , 0 0 0 0 0. 0 0 % 164,387 Mu s e u m s / C u l t u r e 7 , 3 6 7 7 , 8 0 0 5 , 5 0 0 74 . 6 6 % 169,759 SU B T O T A L 6 8 , 9 1 9 4 6 3 , 7 0 0 1 2 2 , 9 0 0 1 7 8 . 3 3 % 1 , 7 0 6 , 6 1 0 3 . 1 3 % TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) 1 , 0 3 0 , 3 6 6 2 , 8 4 6 , 7 0 0 6 3 7 , 4 0 0 6 1 . 8 6 % 5 4 , 5 1 1 , 7 0 2 1 0 0 . 0 0 % $1 , 4 9 6 , 0 0 8 $ 3 , 5 2 2 , 6 7 2 $ 6 3 7 , 4 0 0 $ 5 1 $ 5 4 , 5 1 1 , 7 0 2 $ 1 NO T E S Re l i e d o n 2 0 1 1 U n e x p e n d e d Ca p i t a l ( $ 8 0 , 0 0 0 ) 20 1 3 A n n u a l Am o r t i z a t i o n 20 1 3 C a p i t a l B u d g e t 2 0 1 3 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f Fu n d i n g / A s s e t C l a s s 20 1 3 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t 1 4 , 1 2 6 7 3 , 5 0 0 . 0 0 4 5 , 0 0 0 . 0 0 3 1 8 . 5 6 % 7 3 6 , 9 3 6 1 . 3 7 % Pr o t e c t i o n s e r v i c e s Fi r e 13 1 , 3 1 7 19 8 , 5 0 0 18 3 , 5 0 0 13 9 . 7 4 % 2,144,826 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l 1, 4 2 3 5, 0 0 0 5, 0 0 0 35 1 . 3 7 % 8,962 Em e r g e n c y m e a s u r e s 2, 1 8 0 0 0 0. 0 0 % 11,754 SU B T O T A L 13 4 , 9 2 0 20 3 , 5 0 0 18 8 , 5 0 0 13 9 . 7 1 % 2,165,542 4.02% Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d 70 6 , 5 4 7 21 2 , 9 9 0 0 0. 0 0 % 24,574,401 Ro a d s - U n p a v e d 15 , 3 9 1 18 8 , 0 0 0 0 0. 0 0 % 1,009,092 Ro a d s - B r i d g e s a n d C u l v e r t s 19 , 5 0 4 15 , 0 0 0 0 0. 0 0 % 505,136 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e 2, 6 8 0 0 0 0. 0 0 % 641,654 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s 1, 7 3 1 0 0 0. 0 0 % 6,237 Pa r k i n g 00 0. 0 0 % 76 St r e e t l i g h t i n g 1, 3 7 2 10 , 0 0 0 10 , 0 0 0 72 8 . 8 6 % 16,270 Ot h e r 52 , 4 9 1 94 5 , 0 0 0 32 0 , 0 0 0 60 9 . 6 3 % 1,259,909 SU B T O T A L 79 9 , 7 1 6 1, 3 7 0 , 9 9 0 33 0 , 0 0 0 41 . 2 6 % 28,012,775 52.02% En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e 23 7 , 0 1 4 62 , 3 0 0 0 0. 0 0 % 14,417,846 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l 96 , 6 2 7 0 0 0. 0 0 % 2,161,056 Ur b a n s t o r m s e w e r s y s t e m 00 0. 0 0 % 0 Ru r a l s t o r m s e w e r s y s t e m 00 0. 0 0 % 0 Wa t e r t r e a t m e n t 6, 7 7 2 0 0 0. 0 0 % 1,961,267 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n 12 7 , 3 7 2 18 , 0 0 0 0 0. 0 0 % 2,735,552 SU B T O T A L 46 7 , 7 8 5 80 , 3 0 0 0 0. 0 0 % 21,275,721 39.51% He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s 25 7 0. 0 0 % 2,451 Ce m e t e r i e s 0. 0 0 % 25,584 Ot h e r 0. 0 0 % 0 SU B T O T A L 25 7 0 0 0. 0 0 % 28,035 0.05% Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s 49 , 5 6 2 36 , 0 0 0 24 , 0 0 0 48 . 4 2 % 584,382 Ha r b o u r / B e a c h 0 15 2 , 0 0 0 96 , 0 0 0 NA 419,822 Re c . F a c . 13 , 3 3 1 15 7 , 0 0 0 48 , 0 0 0 36 0 . 0 6 % 305,367 Li b r a r i e s 7, 2 1 9 30 , 0 0 0 0 0. 0 0 % 157,168 Mu s e u m s / C u l t u r e 7, 3 4 8 6, 0 0 0 2, 5 0 0 34 . 0 2 % 162,411 SU B T O T A L 77 , 4 6 0 38 1 , 0 0 0 17 0 , 5 0 0 22 0 . 1 1 % 1,629,150 3.03% TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) 1, 0 2 6 , 4 7 9 2, 0 2 8 , 9 9 0 73 4 , 0 0 0 71 . 5 1 % 53,848,159 100.00% $1 , 4 9 4 , 2 6 4 $2 , 1 0 9 , 2 9 0 $7 3 4 , 0 0 0 $7 $53,848,159 $1 NO T E S 20 1 4 A n n u a l Am o r t i z a t i o n 20 1 4 C a p i t a l B u d g e t 2 0 1 4 C a p i t a l L e v y Pe r c e n t a g e ( % ) o f Fu n d i n g / A s s e t C l a s s 20 1 4 C l o s i n g Ne t B o o k V a l u e Percentage (%) of Net Book Value/Asset Class Ge n e r a l G o v e r n m e n t $ 1 1 , 7 8 3 $ 7 2 , 0 0 0 $ 1 7 , 0 0 0 1 4 4 . 2 8 % $ 7 5 4 , 1 1 9 1 . 4 1 % Pr o t e c t i o n s e r v i c e s Fi r e $1 3 1 , 2 9 9 $4 1 0 , 0 0 0 $1 7 4 , 0 0 0 13 2 . 5 2 % $2,009,363 Pr o t e c t i v e i n s p e c t i o n a n d c o n t r o l $1 , 3 0 0 $5 , 0 0 0 $5 , 0 0 0 38 4 . 6 2 % $7,662 Em e r g e n c y m e a s u r e s $2 , 1 8 0 $0 $0 0. 0 0 % $9,574 SU B T O T A L $1 3 4 , 7 7 9 $4 1 5 , 0 0 0 $1 7 9 , 0 0 0 13 2 . 8 1 % $2,026,599 3.79% Tr a n s p o r t a t i o n s e r v i c e s Ro a d s - P a v e d $7 5 8 , 4 0 8 $2 3 0 , 0 0 0 $2 3 0 , 0 0 0 30 . 3 3 % $23,962,505 Ro a d s - U n p a v e d $2 5 , 5 8 8 $1 6 6 , 4 0 0 $1 6 6 , 4 0 0 65 0 . 3 0 % $983,504 Ro a d s - B r i d g e s a n d C u l v e r t s $1 9 , 5 0 4 $5 5 , 0 0 0 $5 5 , 0 0 0 28 1 . 9 9 % $537,517 Ro a d w a y s - T r a f f i c O p e r a t i o n s & R o a d s i d e $2 , 6 8 0 $0 $0 0. 0 0 % $638,974 Wi n t e r C o n t r o l - E x c e p t s i d e w a l k s , P a r k i n g L o t s $1 , 2 4 2 $0 $0 0. 0 0 % $4,995 Pa r k i n g $0 $0 $0 0. 0 0 % $76 St r e e t l i g h t i n g $1 , 3 7 2 $1 0 , 0 0 0 $1 0 , 0 0 0 72 8 . 8 6 % $14,898 Ot h e r $4 , 1 5 9 $8 2 5 , 0 0 0 $2 5 , 0 0 0 60 1 . 1 1 % $1,255,750 SU B T O T A L $8 1 2 , 9 5 3 $1 , 2 8 6 , 4 0 0 $4 8 6 , 4 0 0 59 . 8 3 % $27,398,219 51.24% En v i r o n m e n t a l s e r v i c e s Wa s t e w a t e r c o l l e c t i o n / c o n v e y a n c e $2 3 4 , 0 3 5 $6 3 , 3 0 0 $0 0. 0 0 % $14,196,850 Wa s t e w a t e r t r e a t m e n t & d i s p o s a l $9 7 , 8 6 6 $0 0. 0 0 % $2,063,190 Ur b a n s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Ru r a l s t o r m s e w e r s y s t e m $0 $0 $0 0. 0 0 % $0 Wa t e r t r e a t m e n t $5 , 7 7 2 $1 0 , 0 0 0 $0 0. 0 0 % $2,626,069 Wa t e r d i s t r i b u t i o n / t r a n s m i s s i o n $1 2 9 , 7 6 4 $0 0. 0 0 % $2,822,162 SU B T O T A L $4 6 7 , 4 3 7 $7 3 , 3 0 0 $0 0. 0 0 % $21,708,271 40.60% He a l t h s e r v i c e s Pu b l i c h e a l t h s e r v i c e s $2 5 7 $0 $0 0. 0 0 % $2,194 Ce m e t e r i e s $0 $0 $0 0. 0 0 % $25,584 Ot h e r $0 $0 $0 0. 0 0 % $0 SU B T O T A L $2 5 7 $0 $0 0. 0 0 % $27,778 0.05% Re c r e a t i o n a n d c u l t u r a l s e r v i c e s Pa r k s $4 9 , 2 4 0 $3 6 , 0 0 0 $2 4 , 0 0 0 48 . 7 4 % $535,142 Ha r b o u r / B e a c h $0 $1 2 0 , 0 0 0 $9 5 , 0 0 0 NA $419,822 Re c . F a c . $1 3 , 3 3 1 $1 6 0 , 0 0 0 $4 8 , 0 0 0 36 0 . 0 6 % $292,036 Li b r a r i e s $7 , 2 1 9 $3 0 , 0 0 0 $0 0. 0 0 % $149,949 Mu s e u m s / C u l t u r e $7 , 3 4 7 $6 , 0 0 0 $2 , 0 0 0 27 . 2 2 % $155,064 SU B T O T A L $7 7 , 1 3 7 $3 5 2 , 0 0 0 $1 6 9 , 0 0 0 21 9 . 0 9 % $1,552,013 2.90% TO T A L ( E x c l u d i n g W a t e r / W a s t e w a t e r ) $1 , 0 3 6 , 9 0 9 $2 , 1 2 5 , 4 0 0 $8 5 1 , 4 0 0 82 . 1 1 % $53,466,999 $1 $1 , 5 0 4 , 3 4 6 $2 , 1 9 8 , 7 0 0 $8 5 1 , 4 0 0 $6 $53,466,999 $1 NO T E S