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COUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Council Chambers Thursday, December 5, 2013 7:00 p.m. Page 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS 5 - 11 (a) Minutes of the regular meeting of Council held November 21, 2013. 12 - 15 (b) Minutes of the budget meeting held November 25, 2013. (c) Added Item(s) 4. DELEGATIONS, STATEMENTS AND UPDATES 1. Delegations (a) 9:00 p.m. - Gord Roesch and Nathan Dawley Jr. regarding personal matters about an identifiable individual, including municipal or local board employees (firefighter appointment) 2. Statements By Council 3. Updates On Projects (a) Richmond Community Water System (b) Harbour Divestiture 5. INFORMATION ITEMS 16 - 17 (a) Correspondence dated November 25, 2013 from Association of Municipalities of Ontario regarding "Blue Box Program". File: A01 18 - 20 (b) Correspondence dated November 26, 2013 from Elgin County regarding "French Immersion Accommodation Plan". File: A16 Page 1 of 129

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Page 1: COUNCIL AGENDA THE CORPORATION OF THE ......COUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Council Chambers Thursday, December 5, 2013

COUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

9344 Plank Road, Straffordville Council Chambers

Thursday, December 5, 2013 7:00 p.m.

Page 1. CALL TO ORDER 2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL

NATURE THEREOF 3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS 5 - 11 (a) Minutes of the regular meeting of Council held November 21,

2013. 12 - 15 (b) Minutes of the budget meeting held November 25, 2013. (c) Added Item(s) 4. DELEGATIONS, STATEMENTS AND UPDATES 1. Delegations (a) 9:00 p.m. - Gord Roesch and Nathan Dawley Jr. regarding

personal matters about an identifiable individual, including municipal or local board employees (firefighter appointment)

2. Statements By Council 3. Updates On Projects (a) Richmond Community Water System (b) Harbour Divestiture 5. INFORMATION ITEMS 16 - 17 (a) Correspondence dated November 25, 2013 from Association of

Municipalities of Ontario regarding "Blue Box Program". File: A01

18 - 20 (b) Correspondence dated November 26, 2013 from Elgin County regarding "French Immersion Accommodation Plan". File: A16

Page 1 of 129

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Regular Council Agenda December 5, 2013 Page

21 - 24 (c) Correspondence dated November 14, 2013 from Ministry of

Finance regarding "Ontario Municipal Partnership Fund". File: F11

25 - 26 (d) Correspondence dated December 7, 2013 from Photographers of the Otter Valley regarding "Help-Portrait". File: M00

27 - 28 (e) Correspondence dated November 12, 2013 from Ontario Provincial Police regarding "Municipal Policing Cost-Recovery Formula". File: P17

29 - 30 (f) Bayham Harbourfront Committee minutes of meeting held November 12, 2013. File: C06

31 - 32 (g) Minutes of Joint Cemetery Board meeting held November 26, 2013. File: C06

33 (h) Correspondence dated November 19, 2013 from Teamsters Canada regarding "safe transport of hazardous materials". File: A01

6. PLANNING, DEVELOPMENT, RECREATION & TOURISM 7. ROADS, AGRICULTURE & DRAINAGE 34 - 39 (a) Staff Report DR2013-027 regarding "Corinth Branch "B"

Municipal Drain Award Contract". File: E09

40 - 45 (b) Staff Report DR2013-028 regarding "New England Municipal Drain Award Contract". File: E09

46 - 51 (c) Staff Report DR2013-029 regarding "Phillips (Calton) Municipal Drain Award Contract". File: E09

52 - 54 (d) Staff Report PR2013-09 regarding "Road Allowance Closures & Transfers". File: T09

55 - 57 (e) Staff Report C2013-11 regarding "Edison Drive Bridge". File: T04

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Regular Council Agenda December 5, 2013 Page

8. PROPERTY, BUILDING & PROTECTIVE SERVICES 58 - 59 (a) Correspondence dated November 12, 2013 from Township of

Malahide regarding "Shared Fire Administration Services". File: A16

9. FINANCE, ADMINISTRATION & PERSONNEL 60 - 69 (a) Cheque Register being Cheque #015661 to Cheque #015720

inclusive, except Cheques #015501, #015681 and #015709 totaling $109,726.14 and Payroll Disbursements for the period ending November 24, 2013 totaling $116,499.63.

70 - 71 (b) Correspondence dated November 6, 2013 from Ontario Federation of Agriculture regarding "Cost of Community Services". File: A16

72 (c) Correspondence dated November 25, 2013 from Township of Malahide regarding "Doors Open East Elgin 2014". File: A16

73 - 81 (d) Correspondence dated November 20, 2013 from Stewardship Ontario regarding "New Municipal or Hazardous Special Waste Services Agreement". File: L04

82 - 85 (e) Memorandum C2013-09 regarding "Howard Street Name Change". File: C13

86 - 87 (f) Staff Report F2013-19 regarding "Municipal Website Accessibility". File: A03

88 - 95 (g) Discussion regarding "Policing Cost Solutions". 10. ENVIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. (b) Closed session minutes of the regular meeting of Council held

November 7, 2013. (c) Confidential discussion regarding personal matters about an

identifiable individual, including municipal or local board employees (firefighter appointment)

Page 3 of 129

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Regular Council Agenda December 5, 2013 Page

(d) Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Green Line/Pressey Road)

(e) Confidential Report regarding labour relations or employee negotiations (Senior Staff Overtime/Vacation Status 2013)

(f) Confidential Report regarding labour relations or employee negotiations (Non-Union Salary Adjustments - 2014)

(g) Out of Camera. 12. BY-LAWS 96 - 98 (a) By-Law 2013-085 A Provisional By-Law to provide for drainage

works (Phillips (Calton) Drain 3rd Reading) 99 - 101 (b) By-Law 2013-086 A Provisional By-Law to provide for drainage

works (Corinth Drain 3rd Reading) 102 - 104 (c) By-Law 2013-087 A Provisional By-Law to provide for drainage

works (New England Drain 3rd reading) 105 - 108 (d) By-Law 2013-093 A By-Law to amend Schedule "E" to by-Law-

125 to change or assign names to highways, streets and roads 109 - 116 (e) By-Law 2013-100 A By-Law to amend By-Law 2012-057

authorizing agreements (Stewardship Ontario) 117 - 120 (f) By-Law 2013-101 A By-Law to authorize the Mayor and Clerk

to execute an agreement (Froese Excavating Ltd.) 121 - 124 (g) By-Law 2013-102 A By-Law to authorize the Mayor and Clerk

to execute an agreement (Froese Excavating Ltd.) 125 - 128 (h) By-Law 2013-103 A By-Law to authorize the Mayor and Clerk

to execute an agreement (Froese Excavating Ltd.) 129 (i) By-Law 2013-104 By-Law to confirm all actions of Council 13. ADJOURNMENT (a) Adjournment

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COUNCIL MINUTES

THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

9344 Plank Road, StraffordviUeNovember 21,2013

7:00 PM

The regular meeting of the Council of the Municipality ofBayham was held on Thursday,November 21, 2013 in the Council Chambers. Present were Mayor Paul Ens, CouncillorsWayne Casier, Tom Southwick and Ed Ketchabaw, Admmistrator Kyle Kruger and Clerk LyndaMillard. Deputy Mayor Cliff Evanitski was absent.

Public Works Manager Vance Czerwinski, Chief Building Official / Drainage SuperintendentBill Knifton and Water Wastewater Manager Ed Roloson were in attendance to present their

*

respective reports.

1. CALL TO ORDER

Mayor Ens called the meeting to order at 7:00 p.m.

2. DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURETHEREOF

No disclosures of pecuniary interest were declared.

3. APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS

(a) Minutes of the regular meeting of Council held November 7,2013.2013-508MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT the minutes of the regular meeting held November 7, 2013 be approved ascirculated."

CARRIED UNANIMOUSLY

(b) Minutes of the budget meeting held November 14, 2013.2013-509MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT the minutes of the budget meeting held November 14,2013 be approved ascirculated."

CARRIED UNANIMOUSLY

(c) Added Item(s)There were no items added to the agenda.

Page 1 of 7

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Council Minutes November 21,2013

4. DELEGATIONS. STATEMENTS AND UPDATES

1. DELEGATIONS

(a) 7:30 p.m.

Elgin County Warden Cameron McWilliam and CAO Mark McDonald regardingCounty Council withdrawal of membership from SCOR.

Warden McWiIliam offered to present the position of the Elgin County Council in regard to thetheir Council's decision to withdraw membership from SCOR in 2013 in open session, with theproviso consensus that should questions or information of a confidential nature arise, the matterwould go to a closed session.

Warden McWilliam indicated that County Council had concerns that the focus of SCOR wasbecoming too broad Mid they should pursue fewer issues related to economic development. TheCouncil was concerned that the increase of $10,000 in the annual membership fee from $25,000to $35,000 for 2013 was too steep for the benefit and that the County could find better ways topromote and support local economic development for their investment. The initial membershiphad been $5,000.

The County is also involved with SWEA and the Western Ontario Wardens Caucus, which theybelieve provide better benefits. The Warden also suggested that organizations with too manyprojects or goals will find it harder to obtain funding.

Warden McWilliam and CAO Mark MacDonald responded to questions from Council members.

2. STATEMENTS BY COUNCIL

Councillor Southwick announced that the Port Burwell Lakers had recently won theirbaseball division championship.

3. UPDATES ON PROJECTS

(a) Richmond Community Water SystemWaterAVastewater Manager Ed Roloson advised that works are moving forward significantlywith equipment, treatment processes, functions and alarms being tested. A gas heating unit hasbeen installed to replace the baseboard heaters. The building needs to have the roof strapped andsteel roofing installed. The minor leak was rectified with metal flashing. All operating equipmentmust be super chlorinated by soaking for 24 hours and flushed to remove all contaminants. Allwater is de-chlorinated prior to disposal.

(b) Harbour Divestiture

Administrator Kyle Kruger advised that a letter has been sent to Small Craft Harbours advisingof Council's resolution requesting that Small Craft Harbours consider the matter of contaminants

Page 2 of 7

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Council Minutes November 21, 2013of potential concern identified in the Terrapex Environmental Site assessments and undertakeany appropriate follow-up.

5. INFORMATION ITEMS

(a) Correspondence dated October 30, 2013 from Association of Municipalities Ontarioregarding "Gas Tax Fund 2012 Annual Expenditure Report".File: A01

(b) Long Point Region Conservation Authority Board of Directors minutes of meeting heldOctober 2, 2013.File: A16

(c) Bayham Community Centres Committee minutes of meeting held October 30, 2013.File: C06

(d) Correspondence dated November 6, 2013 regarding "Status of Decision Official Plan,County of Elgin"File: DOS

2013-510MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT information items 5(a) through 5(d) be received for information."

CARRIED UNANIMOUSLY

6. PLANNING. DEVELOPMENT, RECREATION & TOURISM

7. ROADS, AGRICULTURE & DRAINAGE

(a) Staff Report DR2013-026 regarding Petition for Drainage from Bayham's RoadManager.File: E09

Drainage Superintendent Bill Knifton advised that the petition from the Public Works Manageris to provide a legal outlet for water draining from a bush area into the road ditch along theBayham Norfolk Boundary Road at Lot 27, Concession 9, which is between Goshen Road andEden Line.

2013-511MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT Council of the Municipality ofBayham acknowledges the filing with theClerk of the Petition for drainage works by the Bayham Public Works Manager;

THAT Staff Report DR2013-026 regarding the petition for drainage improvementbe received;

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Council Minutes November 21,2013

AND THAT Council wishes to proceed with this matter and appoints SprietAssociates, Engineers, to prepare a report on the proposed drainage area pursuantto Section 5 and Section 8(4) of the Drainage Act, for Council's consideration."

CARRIED UNANIMOUSLY

(b) Staff Report PW2013-012 regarding Winter Control Contracts 2013/2013.File: L04

Public Works Manager Vance Czerwinski suggested that in 2014 new bids be sought for wintercontrol as well as grass cutting, and that the agreements with contractors be offered for a longerperiod of time.

2013-512

MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT Staff Report PW2013-012 regarding Winter Control Contracts 2013/2014be received;

AND THAT By-Laws 2013-094, 2013-095, 2013-096 and 2013-097 authorizing therenewal of Winter Control Service Contracts be presented for enactment."

CARRIED UNANIMOUSLY

8. PROPERTY, BUILDING & PROTECTIVE SERVICES

9. FINANCE. ADMINISTRATION & PERSONNEL

(a) Cheque Register being Cheque #015564 to Cheque #015660 inclusive, except Cheques#015552 and 015619 and totaling $255,492.29 and Payroll Disbursements for theperiod ending November 10,2013 totaling $50,383.23.

2013-513MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT the Cheque Register being Cheque #015564 to Cheque #015660 inclusive,except Cheques #015552 and #015619 and totaling $255,492.29 and PayrollDisbursements for the period ending November 10,2013 totaling $50,383.23 beapproved."

CARRIED UNANIMOUSLY

(b) Correspondence dated November 13, 2013 regarding 2014 Draft LPRCA Budget.File: F05

Councillor Southwick noted that the overall increase of $15,000 for Bayham ratq)ayers is 15.4%above the 2013 amount.

Page 4 of 7

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Council Minutes November 21, 2013It was noted that the Bayham final levy portion is up by $7,000, mainly due to an increase in thecurrent value assessment. The increase does not include the $7,000 recently added to the 2014budget by Council for Bayham's share of the EIgin Joint Shoreline Management Plan project.

2013-514MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT the Council of the Municipality ofBayham supports the 2014 draft LongPoint Region Conservation Authority Budget."

CARRIED

10. ENVIRONMENT

(a) Staff Report E2013-007 regarding Port Burwell Provincial Park request to connectmunicipal sanitary sewers.File: E01

The WaterAVastewater Manager advised that the Provincial Park has successfully obtainedProvincial funding to rebuild their trailer sanitary dumping station and has requested to connectto the sanitary sewers on Addison Street.

The MOE certificate of approval indicates that the station has a design capacity of 24,360 L/day(24.360 m3/day) and may be operated seasonally from May-October. Work is anticipated to becompleted by March 2014.

Park staff proposed a maximum weekly effluent discharge volume of 1 8m3, which is theequivalent of four single-family dwellings. The proposed trailer dumping station will utilize apumping station with a flow meter (Park owned and maintained) to eject effluent to the sanitarysewers.

He noted that staff have no concerns with the anticipated volumes as future park flows wereidentified within the 2009 sanitary sewer capacity study as well as the recent design of theseptage receiving station, adding that the Park Superintendent Rhonda Card was in attendanceshould there be any questions.

2013-515MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT Staff Report E2013-007 be received;

AND THAT staff be authorized and directed to prepare the appropriate agreementrelated to the proposed Provincial Park sanitary sewer connection for Councilapproval."

CARRIED UNANIMOUSLY

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Council Minutes November 21, 2013

11. COMMITTEE OF THE WHOLE - Closed session was deferred.

12. BY-LAWS

(a) By-Law 2013-094 A By-Law for the renewal of the provision of contract wintercontrol services (Laemers Trucking Ltd.)

(b) By-Law 2013-095 A By-Law for the renewal of the provision of contract wintercontrol services (Aylmer Garden Centre)

(c) By-Law 2013 -096 A By-Law for the renewal of the provision of contract wintercontrol services (Wilson Lawn Care)

(d) By-Law 2013-097 A By-Law for the renewal of the provision of contract wintercontrol services (Underhill Bros.)

2013-516MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT By-Laws 2013-094,2013-095, 2013-096 and 2013-097 be read a first, secondand third time and finally passed."

CARRIED UNANIMOUSLY

(e) By-Law 2013-098 A By-Law to confirm all actions of Council

2013-517MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT confirming By-Law 2013-098 be read a first, second and third time andfinally passed."

CARRIED UNANIMOUSLY

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Council Minutes November 21, 2013

13. ADJOURNMENT

(a) Adjournment

2013-518MOVED BY: Councillor W CasierSECONDED BY: Councillor E Ketchabaw

"THAT the Council meeting be adjourned at 8:06 p.m."

CARRIED UNANIMOUSLY

^2\tr?n ^.^C^T^u^y^ ^MAYOR CLE&K

Page 7 of 7

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BUDGET MEETING MINUTESTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM

9344 Plank Road, StraffordvUleNovember 25,2013

6:00 PM

The second 2014 capital budget meeting of the Council of the Municipality ofBayham was heldon Monday, November 25,2013 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Cliff Evanitski, Councillors Wayne Casier, Tom Southwick and Ed Ketchabaw,Administrator Kyle Kmger, Treasurer David Aristone and Clerk Lynda Millard .

Department Heads in attendance were Public Works Manager Vance Czerwinski and ActingDeputy Fire Chief Chris McQuiggan.

1. CALL TO ORDER

Mayor Ens called the meeting to order at 6:00 p.m.

2. DECLARATION OF PECUNIARY INTEREST AND THE GENERALNATURE THEREOF

No disclosures of pecuniary interest were declared.

3. 2014 DRAFT BUDGET

(a) 2014 Draft Capital Budget.

A revised version of the draft capital budget pertaming to changes in the Public Worksdepartment was circulated to Council members.

Fire & Emergency ServicesChris McQuiggan, Acting Deputy Fire Chief, provided fire vehicle and equipment options,including a light duty rescue van, a mini pumper and portable pumps, that could draw water fromthe creek to provide fire suppression capabilities should any incidents occur on Edison Drivebeyond the bridge. The bridge load limit has been reduced to a maximum capacity of 5 tonnes i

limiting access by heavy vehicles.

Staff was requested to provide a list of impacts regarding the bridge so they can be taken to theCounty for discussion. It was noted that financing or borrowing arrangements would havelimited impact on the capital budget.

The Acting Dq?uty Fire Chief provided quotes from local contractors to install the externalwiring for a generator at Station #1. Once installed it can be easily adapted for permanent hook-up as required. Council agreed that the lowest bid of $2,900 be added to the operating budget. Itwas also suggested that a tractor from public works be housed at each Fire Station over thewinter rather than be left outside. Station #2 is ah'eady wired for a generator.

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Budget Meeting Minutes November 25, 2013

Public Works

The Public Works Manager Vance Czerwinski identified the changes proposed to the PublicWorks portion including:

the addition of an automatic greasing system for the John Deere 872 grader in the amount of*

$10,000;the increase of $60,000 for additional construction work on Tunnel Line;the increase of $5,000 for culvert replacements on Csinos, Mitchell & Sandytown;removal of the $80,000 asphalt micro seal project of 4km on Jackson Line andthe addition of $ 1 20,000 for tar & chip resurfacing of 6 km on Jackson Line.

The Public Works Manager noted that all increases are to come from reserves. He also reportedthat he met with Mr. John Spriet regarding the Road Needs Assessment and that it is expected tobe available in mid-January 2014.

Council discussed the various road projects, equipment and increases and how to get the mostbenefit for each.

Community CentresIt was noted that accessibility modifications are needed at both halls and it was expressed thatsome building and heating upgrades should be done at Straffordville, even if grants are notavailable. Previous grant applications for both halls have been previously denied.

The next budget meeting was set for Monday, December 9th at 7:00 p.m.

4. BY-LAW

(a) By-law 2013-099 A By-law to confirm all actions of Council

2013-519MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT confirming By-law 2013-099 be read a first, second and third time andfinally passed."

CARRIED UNANIMOUSLY

5. ADJOURNMENT

(a) Adjournment

2013-520MOVED BY: Councillor E KetchabawSECONDED BY: Councillor W Casier

"THAT the Council meeting be adjourned at 8:00 p.m."

CARRIED UNANIMOUSLY

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Budget Meeting Minutes November 25, 2013

Aa\y~i zAs^-L^O^^^ xinr>

MAYOR CLERIC

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Minutes of the budget m

eeting held Novem

ber 25, 2013.Page 15 of 129

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9

-5

f{

November 25, 2013

To all Councils and CAOs:

[am writing to you today to provide you with an update on the Blue Box Program.Each year/ the Municipal Industry Program Committee (MIPC) negotiates therecommendation to Waste Diversion Ontario's (WDO) Board of Directors regarding theannual Steward Obligation for the Blue Box Program. Membership on MIPC consists ofrepresentatives from the Association of Municipalities of Ontario (AMO), the City ofToronto and Stewardship Ontario (SO). MIPC is chaired by WDO.

At this time, MIPC negotiations are at an impasse and WDO has directed us to gothrough arbitration to determine the 2014 Steward Obligation. This may dela/the fullpayout to municipal Blue Box Programs, if so awarded through arbitration. However,we are working to secure interim Blue Box funding for 2014. Further information willbe provided once it has been determined. Please be aware that unanticipated legaland arbitration fees for the municipal Blue Box sector will be experienced and thesecosts on behalf of the sector will need to be recovered from the municipal share of thefinal 2014 Steward Obligation.

Despite this impasse, the Canadian Stewardship Services Alliance (CSSA)/ the nationalorganization representing producers of packaging and printed paper, has proceededwith setting their interim 2014 fees for Stewardship Ontario's members, they havebased these fees on a surrogate system cost which is much lower than the actual costsreported by municipalities and even lower than last year's negotiated settlement.AMD is concerned as there appears to be a significant and widening 'gap' betweenCSSA's published fees and our reported municipal costs to operate the Blue BoxProgram. AMO is interpreting this action as CSSA and SO not appropriatelyacknowledging the rising costs of managing new types of packaging being introducedinto the market by producers.

Given this, AMO urges municipal governments who are considering adding new BlueBox materials to their programs to make sure that the cost implications of any suchaddition are well understood and that a written commitment from SO/CSSA to cover50% of any resulting cost increase to your program is secured. It is not our intentionto discourage you from adding new materials to your program but since municipalgovernments act on behalf of the public interest and your residents, it is our view thatmunicipal caution and due diligence is required. AMO will keep you informed as weproceed with this challenging issue.

11....

200 Un;vc,'sityAvj. Suite 80'L www.aino.on.c? i'C: 416.971.9856 i'oli F:'3^ in C.I.:E';OiOronto,ON,^5:F3C6 [email protected]? 5X '.6. 97 ,.6191 877.,.76.65 27]. I

Correspondence dated November 25, 2013 from Association of M... Page 16 of 129

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2

Municipalities will continue to work to improve and support environmentalstewardship and waste diversion across Ontario.

Should you require more information, please contact Monika Turner, AMO Director ofPolicy at (416) 971 -9856 ext 318 or by email at [email protected].

Sincerely,

v UUJULui3ja

Peter Hume

Chair, AMO Waste Management Task Force

Correspondence dated November 25, 2013 from Association of M... Page 17 of 129

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-5-

A/6

November 26, 2013

Ms. Bonnie Williams

Supervisor-Corporate ServicesThames Valley District School Board1250 Dundas StreetLondon, Ontario N6A 5L1

Dear Ms. Williams:

Re: French Immersion. Accommodation Plan

Please be advised that Elgin County Council adopted the following resolution at itsmeeting held on November 26,2013:

"THAT Elgin County Council strongly agrees with the position of Dutton/Dunwich Council on the need to retain students in the County of Elgin, and,indeed, encourages the Thames Valley District School Board to maintainexisting school board boundaries by exploring other alternatives suchas greater utiiization of schools within Elgin County."

- Carried.

(signed) Warden Cameron McWilliam"

Please accept this resolution as the County of Elgin's official position on this matter

The letter from the Municipality of Dutton/Dunwich is attached for ease of reference.

Thank you for your consideration of this request. We look forward to your response.

Yours truly,

f »

f

Mark G. McDonaldChief Administrative Officer

Enclosure

ec: Joe Preston, MP, Elgin-Middlesex-London '.^.I'f t*<[<I"

rtdmini ttrt.ilvo rBe;v''K-JeffYurek, MPP, Efgin-Middiesex-London 450yurk\-.t,ii'-3

Kevin Busheil,Executive Officer, Facility Services & Capital Planning ^Jh^?S' ^Rn!t'1Local Partner Municipalities .f,v'.'.el^n-ounty.ar,i. .

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Correspondence dated November 26, 2013 from Elgin County reg... Page 18 of 129

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Box3St9, t99 Currie Road, DUTrON, Ontario NoL iJoMAYOR Telephone: (si9) 762-2204 Fax No. (519) 762-2278 COUNCILLORS

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21 November 2013

Bonnie WilliamsSupervisor-Corporate ServicesThames Valley District School Board1250 Dundas StreetLondon, Ontario N6A 5L1

Dear Ms. Williams:

Re: French Immersion Accommodation Plan

We, fhe membets of Ae CouncH of Dutton/Dunwicli, would like to express our concemregarding tbe news thut the Thames Valley District School Board is proposing through its FrcnchImmersion Accommodation Plan. Specifically, we have learned that the TVDSB isplmmng toreorganize school boundaries as it relates to students in fhe western end of Elgin County, whoattend French immersion at the overcrowded Pierre Elliot Trudeau Public School in St. Thomas.

We understand there are approximately 40-45 students at present, which would be affected bythis change and would be bussed to Strathroy in another County. This would mean that studentswould be travelling at least 70 minutes one way. But it also means more erosion to the servicesm the County. These services are integral to attracting and keeping people in the County ofElgin.

As_you Imow, the County ofElgin has been liit very hard by losmg many large employers suchas Ford, Sterling^ Timken, Lear and Sdiulman Industries to name a few. All of this has resultedin a significantly higher unemployment rate than the Provincial average.

In addition, the trend toward urbanization has added to this difficulty to make it even morechallenging to attract families to our rural communities. We are sure you are aware of what thisdoes to a smaller rural community.

We must speak out about this as we feel it has a more far reaching and profound effect than itwould if the TVDSB decided to switch a French immersion program from one side of London toanother.

Correspondence dated November 26, 2013 from Elgin County reg... Page 19 of 129

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Council would like you to look at other viable options, such as addmg French Immersion to theDunwich Dutton Public School, which is not fully utilized and is located at the centre of WestElgin and Southwold. This would be an efficient solution. With some creative student numberreaHgning we contend that this school, which is already scheduled for renovation and renewalshortly, could have an even further injection of new life and vitality if French Immersion studentswere added to it. And it would keep the students in EIgm County and with a reasonable drivingtime via bus to and from school.

We ask that you look for solutions to the problem that you are facing with one that benefits ourCounty.

Sincerely,

^ ^ .I t v*^s

Cameron McWiIliam, Mayor

c.c. Hon. Joe Prestonc.c. Hon. Jeff Yurekc.c. Mr. Kevin BusheU

Executive Officer, Facility Services &Capital Planning

Organizational Support ServicesThames Valley District School Board

c.c. Mark McDonald, CAO, County ofElgin

Correspondence dated November 26, 2013 from Elgin County reg... Page 20 of 129

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^Ministry of Finance Ministry of

Municipal Affairs and Housing yyu." .. ^ ^Office of the Ministerr Poor Office of the Minister

17th FloorFrost Building South7 Queen's Park Cr 777 Bay Street

ECEIVE ^J Wcu--^ ,<i3&.jToronto ON M7A 1Y7 Toronto, ON M5G 2E5

Tel (416) 325-0400 Tel (416) 585-7000 ^^yu

Fax (4':6) 325-0374 Fax (416) 585-6470 Ontariowww.fin.gov.on.ca www.mah.gov.on.ra NOV 7 2 2013

r itNovember 14,2013 MUNICIPALITY OF BAYHAMs

Dear Head of Council;

We are writing to announce the release of the redesigned Ontario Municipal Partnership Fund(OMPF) and program allocatiuns for 2014.

In 2014, the province will provide a total of $550 million in unconditional funding through theOMPF to 388 municipalities across the province. This funding, combined with fhe municipalbenefit resulting from the provincial uploads, will total more than $2 billion in 2014. This is overthree times the level of funding provided in 2004.

As you know, 201 3 was a transition year for the OMPF. The transition year provided us with theopportunity to consult with the Association of Municipalities of Ontario and other municipalrepresentatives on how best to redesign the program to support municipal needs. We alsoreceived valuable input from a number of municipalities across the province. These consultationshelped to shape the redesign of the program.

With respect to the redesign of the program, municipal representatives emphasized that theOMPF should:

continue to support municipalities with limited property assessment;" continue to recognize the challenges of northern and mral municipalities, while better

targeting funding to those municipalities with more challenging fiscal circumstances; andinclude support to assist municipalities as they transition to the redesigned program.

We are pleased to announce that the 2014 OMPF will continue to provide support tomunicipalities through the Assessment Equalization, Northern Communities, and RuralCommunities grants. In addition, a new Northern and Rural Fiscal Circimistances Grant is beingintroduced to better target funding to northern and rural municipalities with more challengingfiscal circumstances.

The $550 million OMPF for 2014 also includes a significant amount of transitional assistancewhich is intended to provide stability and support to local governments as they transition to theredesigned program. More specifically, the transitional assistance provided through the 2014OMPF will ensure that municipalities receive a guaranteed level of support based on their 2013OMPF allocation^

.../cent'd

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2-<r

Municipalities in the north will receive at least 90 per cent of their 2013 OMPF allocation, whilemunicipalities in other regions of the province will receive at least 85 per cent. These minimumlevels of support will be enhanced up to 100 per cent for eligible municipalities with morechallenging fiscal circumstances.

The Ministry ofPmance~s (MOF) ProvinciaI-Local Finance Division will be providing yourmunicipal Treasurers and CIerk-Treasurers with further details on the 2014 OMPF. Thisinformation and other supporting materials will be posted m both English and French on theMOF website:

httD:/Avww.fin^o\.on.ca-'en;l3udR^tomT)f/2014 r

httD:.7wv.-^v.fin.jSto^.on.ca,/fr/bu<ii^et/ompf/2014.

The review of the OMPF and the phase-down of the program to $500 million b> 2016 wasannounced in 2012, and was also part of the 2008 Provincial-Municipal Mscal and Scrv-iccDelivery Review (PMFSDR) agreement with municipalities. As part of the next phase of theprogram review, over the coming months. \\e will continue to consult with our municipalpartners on refining the OMPI4 as well as to consider whether the grant should include otherobjectives beyond those announced as part of the 2054 program.

\Vc are also pleased to reaffirm our commitment to the upload of municipal costs in accordancewith the timetable agreed to through the PMFSDR.

In 2014, we will continue the phased upload of Ontario Wurks (OW) benefit costs cjid courtsecurity and prisoner transportation costs. This builds on our previous uploads of Ontario Dru$Benefits (ODB) and Ontario Disability Support Program (ODSP).

As a result of the uploads. municipalities will benefit from more than $ 1.5 billion in reducedcosts in 2014 alone. Combmed with the OMPF, this is the equivalent of over 12 per cent nfmunicipal property tax revenue in the province.

It is important to admowlcdgc that in two-tier sysiems. the removal of these costs off theproperty tax base benefits all local taxpayers including those residing in lov-'er-tier municipalities.

Despite the adjustments to the OMP^, the combined benefit of the provincial uploads andsupport provided through the OMPF will continue to increase, with the provincial uploads morethan offsetting the reduction to the program.

Our government has a very strong record of supporting and working with municipalities,Together with other provincial initiatives, we will provide municipalities with ongoing support ofapproxunately $3.5 billion in 2014 -- an increase of more than 200 per cent from thi; levelprovided m 2003.

.../confd

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"3-

Jn addition to this ongoing support, the province has made significant investments in municipalinfrastructure. Since 2003. we have provided municipalities with approximately $13 billion ininfrastructure funding,

In August 2012. the province launched the Municipal Infrastructure Strategy. As part of thestrategy, we have provided $9 million to help municipalities prepare asset management plans.and nearly $90 million for critical projects through the Municipal Infrastructure investmentfaitiative._ As a continuation of the strategy, we are providing $100 million through the Small,Rural and Northern Municipal Infrastructure Fund. We have consulted with our municipalpartners on the design of the fund and a potential permanent program for consideration in tfae2014 Budget.

We look forward to continuing to build on our partnership with municipalities as we moveforward to address OUT shared chaUenges.

Sincerely

.-.'1 T

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Charles Sousa Linda JeffreyMinister Minister

Ministry of Finance Ministry of Municipal Affairs and Housing

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Correspondence dated November 14, 2013 from Ministry of Fina... Page 23 of 129

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p

Correspondence dated N

ovember 14, 2013 from

Ministry of Fina...

Page 24 of 129

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-5

Photographers < ^4"»

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7 December 2013Valley

Help-Portrait was founded by celebrity photographer Jeremy Cowart and began in 2009. Help-Portrait is an international community of photographers coming together across the world to usetheir photography skills to give back to their local communities. So far Help-Portrait has operated in2128 locations spread across 62 countries.

2013 will be the fifth year for the event and the first year that the Photographers of the Otter Valley(POV), a local photography club, is participating. Some of the club's members have participated inthe past two years as members of the Tillsonburg Photography Club. It is expected that club willagain participate and serve the north end of the Otter Valley out of the Station Arts Centre inTillsonburg. The POV will try to serve the area south ofTillsonburg.

On 7 December 2013 photographers around the world will again be offering portraits to people whomight otherwise never have a portrait of themselves or their families. When the prints are ready, thephotographs are provided to these people.

This is about giving the photographs, not taking them. These portraits are not for the photographers'portfolios, webshes, or for sale. Money isn't involved other than some donations in kind or to offsetsome of the operational expenses. The POV is not soliciting funds. The participating members ofthe POV have a day of socializing and improving their photography portraiture skills.

The plan is to work at the Straffordville Public Library on the afternoon of Saturday, 7 December,from 1:00 p.m. to 4:00 p.m Portraits will be produced of individuals or families who wish to have aportrait, but might otherwise not have the money for such an option. Each photographic session willbe brief and last only about 10 or 15 minutes. The exact scheduling for each appointment will be

thdefined closer to December? .

The people for portraits will be selected by community groups who are already assisting localfamilies or individuals. The POV will not be directly involved in selecting these clients, but will

thwork with the local community groups to set up the appointments for December 7 .

POV will use their members' photographic and studio equipment to capture the images. Donationsof help with transportation for those people who may need it and refreshments at the venue would beappreciated.

Bruce Bolin Murray Bogart Joe StephensonPresident Vice President Secretary/Treasurer519874-1822 5198665202 519874-

4028httD://communitv.helD-Dortrait.com/[email protected] amurraybogart(a'gmail.com joestephenson 11 @mac.com

*TO BOOK A HELP PORTRAIT APPOmTMENT PLEASE CONTACT:

of 2

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Photographers .ISn.

n .1of '{._N .I*the ^v-^^Otter ^

7 December 2013Valley

Chassitty RyersePOV MemberH: 519 866 5833C: 226 970 1055E:jtaqphoto. art@hotmail. corn

2 of 2

Correspondence dated December 7, 2013 from Photographers of ... Page 26 of 129

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5

P /-7 (OP/^Municipal Policing BureauQP.ROntario Police Bureau ctoa services policlere des municlpalltes*

Provincial provlnclale777 Memorial Ave. 777, ave MemoffalPolice de I'Ontario OrimaON L3V7V3 Orillia (ON) L3V TVS

Tel: (705)329-6200 Fax: (705)330^191

Fite ik 100

November 12,2013

Mayors / Reevest

OPP Policed Municipalities

Dear Mayor / Reeve:

Itoke^soppo^mitytoimfo^iyou that the^>at^oprovmcLal[POHCe^opp) and ^e Mmistly ofCommunity Safety and Correctional Services (MCSCS) have updated fhe mmicipal policingCost-Recovery Formula. The updated formula will be effective January 1, 2014. la the comingweeks, the OPP will be providing municipalities with tiie 2014 cost estimates. v^4uch willincorporate the updated Cost-Recovery Formula, as applicable. The salaries of detachmentofficers^ not part of the Cost-Recoveiy Formula and arc reconciled annuaUy to actual costsincurred.

?ie MCSCS is authorized by Trcaswy Board/M^nagement Board of Cabinet to update the CostRecovery Formula annually to ensure the cost recovery for OPP services provided tomunicipalities closely aligns with actual expenditures. Composed of per officer and civiliancomponent cosfts to meet legislated requirements of the Police Services Act, fhe formula alsoincludes operational support costs, such as vehicles, telecommumcations, office automation anduniforms. A summary of the 2013 OPPCost-Recovery Formula is attached to this letter. Adetailed breakdown ofAe formula forms part of the "Understanding OPP Mimicipal PolicingCosts" document, which can be found at www.opp.ca. This document will be updated to reflectIhe 2013 Formula and estimated 2014 s9laries no later fhan November 30,2013.

The OPP acknowledges tiiat municipalities are concerned about the cost of policing services,?^J^JSt!L(^LlLa^ ^S^?lt^t_1^^r^ce-s_lt-rtto?<^ _^on13nue tocomP£ e^vourablyto other police services in Ontario. We actively pursue cost efficiency measures in all areas ofour organization.

As Commander, MunicipalPolicing Bureau, I assure you that the OPP will continue to providemunicipalities with cost-effective and professional policing services in order to keep Ontario'scommunities safe and secure*

Yoju^tn^y^1

^Y^-

R.A.(Rlck)PIulbinSuperintendentCommander,Municipal Policing Bureau

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Correspondence dated November 12, 2013 from Ontario Provinci... Page 27 of 129

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Ontario Provincial Police

Municipal Policing Cost-Recovery Formula Comparison

Salaries and benefits reconciled to actuals each year are excluded from this comparison.The Cost-Recovery Formula per officer costs were calculated using actual costs incurred during the fiscalperiods ended March 31,2012 (2012 Formula) and 2013 (2013 Formula).

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Shift Premiums $675 $678 -$3 -0.4%

Support Staff Costs (Salaries and Benefits)Communication Operators $5i1_®4 $5,220 -$56 -1.1%

Prisoner Guards $1,358 $1,381 -$23 -1.7%

Office Automation Support $389 $354 $35 9.9%

Telephone Support $117 $120 -$3 -2,5%

Operational Support $3.858 $3,907 -$49 -1.3%

Sub-total Support Staff Costs $10.886 $10,882 -$96 -0,9%

Other Direct Operating Expenses (ODOE)Communication Center $254 $258 -$4 -1.6%

Operational Support $©03 $837 $66 75%

RHQ Munkslpal Support $2,006 $1.955 $51 2.6%

Vehicle Usage $8,058 $8.258 -$200 -2A%

Telephone $1,132 $1,228 $96 7.8%.

Office Supplies and Equipment $530 $448 $82 185%

Accommodation $588 $538 $50 9.3%

Uniform & Equipment $1,174 $1,167 $7 0.6%

Cleaning Contract $303 $204 $99 48.5%

Mobile Radio Equipment Maintenance $791 $786 $5 0.6%

Office Automation $1.402 $1,316 $86 6.5%Sub-total ODOE $17.141 $16*985 $146 0.9%

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Correspondence dated November 12, 2013 from Ontario Provinci... Page 28 of 129

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Bayham Harbourfront CommitteeMINUTES

Held at Municipal Office, 9344 Plank Road, Straffordville, Ont.November 12, 2013

7:00 pm

Present: Earl Shea -Chair, Lynn Acre- Secretary, Brenda Martin, Glen Underwood, RonFlick, Ron Bradfield, Ray Talbot, Mark Ostryhon, Barry WadeRegrets: Tom Southwick, Cliff Evanitski

CaU to Order:

The Chairman called the meeting to order at 7:00 pm.

1. Disclosure of Pecuniary Interest: None

2. Approval of the MinutesIt was moved by L.Acre and seconded by G.Underwood that the minutes ofthe October 8, 2013 meeting be accepted. Motion Carried.

3. MATTERS OUT OF THE MINUTES:

A) Authorization for Development of the Pier: Chairman Shea reported thathe has spoken to both K.Kruger and Dq)uty Mayor Evanitski requesting alist of the agencies that have authority over development of our pier, sothat we might gain approval in advance for any development on the pier.

4. Delegation: None5. Environmental Concerns: Committee members were pleased to learn that

Council considered our concerns at the November council meeting and thatthey unanimously passed the following resolution; "And that Council requestSmall Craft Harbours consider the matter of contaminants of potential concernidentified in the Terrapex environmental site assessments and undertake anyappropriate follow-up." The committee looks forward to hearing whatresponse SCH will give to Bayham regarding this request.

6. Provincial Park Properties- Parking Area/Boardwalk Eutrance: Noreport.

7. East Beach Deck Expansion: The committee is pleased to see that our $2500request for a deck extension is included in the 2014 draft budget.

8. Draft Budget 2014 Discussion: The committee examined the 2014 draftbudget as presented by staff. Lease revenues total should read $5140,not$5240. The committee would like clarification regarding the item line"parking development review - $10,000". Is this for a study or survey? Theitem line "Dredging $15,000", which contains the note; "contingent on localfundraising match" generated a lengthy discussion. This committee is notcomfortable with being responsible for fundraising, noting that fundraising isnot part of our mandate. However this committee is willing to brainstorm

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Bayham Harbourfront CommitteeNovember 12, 2013

Page 2

fundraising ideas and assisting with Trillium applications. It was noted thatcurrently the Dredging Reserve has $45,000.

9. Other Business:

a)Harbourfront Master Plan: B.Wade asked what is happening with theplan. What direction is Council taking with it?

10. Adjournment & Next Meeting Date: It was moved by R.Bradfield andseconded by G.Underwood that the meeting be adjourned at 8:37 to meetagain on December 10. 2013. Motion Carried.

Chairperson SecretaryEarl Shea Lynn Acre

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Municipality ofBayhamJoint Cemetery Board Meetine Minutes

Bayham Municipal OfficeCouncil Chambers

9344 Plank Road, StraffordvmeTuesday, November 26, 2013 at 7:00 p.m.

Present were: Councillor Wayne Casier, Ralph Carter, Marlene Carter, Lori Backus, JerryTaylor, Jim Tait, Ben and Franz Sawatsky, John Reddcop, John Scott, Vera Dickhout, RobertGregson, Roger and Cheryl James, Tracey Davies and Lynda Millard, Secretary.

1. Call to Order & Appointment of Chairman

John Scott volunteered to act as Chairman and called the meeting to order.

2. Welcome & Introductions

John welcomed everyone and introductions were made, including Lori Backus, Edencemetery board member and John Reddecop, a new member for the Calton Board. It wasnoted that Isaak Banman, a Calton board member recently passed away suddenly.

3. Minutes of meeting held Tuesday, April 23, 2013 for approval

The Secretary read the minutes and reviewed the contents.

There was discussion regarding the changes recommended to Council by the Board at thelast meeting.

The Secretary also referred to the by-laws passed by Council and the CemeteriesRegulation Branch for clarification and copied with the agenda.

There was no further business from the minutes.

New cemetery manuals were handed out, and members were requested to return allcopies of previous cemetery booklets to the office and dispose of old forms.

4. Correspondence & Reports

(a) Registrar's Policy on License Renewal Fees as of July 1, 2012

The license renewal fee is $ 15, plus $ 11 per body burial and $ 11 per intermentofcremated human remains. (This fee is included in the $35 fee the funeral homepays to the cemetery board or Municipality for identification and marking of a lotfor burial).

(b) By-laws 2013-053 & 2013-055 identifying amendments to By-laws 2012-066 &2012-067

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Cemeteries Minutes 2 November 26, 2013

5. Other Business

The Secretary handed out summaries of 2012 interest payments to the Chairmen /Secretaries of the Boards. 2013 interest payment cheques have already been distributed.

6. Members Questions / Concerns / Comments

Roger James questioned whether there were any specific requirements regardingboundary fencing of cemeteries.

The Secretary suggested that any manner that identifies and maintains the propertyboundary lines, as per a survey would be suitable. Woven wire or barbed wire fencesinstalled in previous times were often meant to keep livestock running at large out ofcemeteries, however, this in most cases, is no longer necessary.

It was noted that any fencing installed rarely prevents vandalism any longer.

7. Announcements

Volunteer Appreciation Night Thursday, November 28, 2013 at 7:00 p.m. at the ViennaCommunity Centre, 26 Fulton Street, Vienna.

8. Next Meeting & Adjournment

Moved by Lori BackusSeconded by Jim Tait

"That the meeting be adjourned at 8:45, to meet again on Tuesday, April 1,2014 at7:00 p.m." Carried

A Training Session was held following the meeting for those unable to attend theprevious sessions. This included Lori Backus, Tracey Davies and John Reddecop. Rogerand Cheryl James, Ben & Franz Sawatzky, although they had attended previously, alsoremained for the session.

(

\T^\M^<^)Chairman Secretary A ^O^/A .^^

r / /

Date Approved:

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,5

TEAMSTERSCJCANADA

ECE ff- ^

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MOV 7 c 2013

^Laval, November 19,2013 Q(

MUNIClPflfJTY OF ^M

Paul Ens

Mayor ofBayham9344 Plank Road Box 160

Straffordville, ON NOJ 1YO

Dear Mr. Paul Ens,

The catastrophic Lac-Megantic train accident underscores the importance of tightening the safety rules fortransporting hazardous materials by all transportation mode.

According to a study conducted by ARC Financial, petroleum refinery activities and shipments -essentially by rail and pipelines - will only continue to grow. The safe transport of hazardous materialswill therefore become an even more topical issue.

As an elected person it is YOUR obligation to make sure Transport Canada steps up its surveillance of railcompanies and consequently, ensure the safety of your constituents.

Railway self-regulation must come to an end and the public safety must come before profit.

In short, you must show that a lesson was learned from the Lac-Megantic tragedy and that something likethis will never happen again.

If you have any questions, please do not hesitate to communicate with the undersigned.

Yours truly,

ft. /d 9

A.

,^9^ ^S^a

Robert BouvierPresidentTeamsters Canada

2540, DanielTJohnson, Suits 804, Laval (Quebec) H7T2S3 T (450)682-5521 F (450) 681-2244 teamsters.ca

Alffllatad wtth the intamaUonal Brotharticod of Tsamstare Affltte d la Fraternity internationate des Teamstof®<

Correspondence dated November 19, 2013 from Teamsters Canada... Page 33 of 129

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/7(^ ;

CORPORATION OF THE MUNICIPALITY OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council Date: Dec 5,2013

FROM: Drainage Superintendent Report: DR2013-027

SUBJECT: Corinth Branch "B" Municipal Drain Award Contract

Purpose:

The purpose of this report is to advise Council of the tender bids received regarding the drainageworks for the Corinth Branch "B" Municipal Drain.

Background:

The final reading is to be given to Provisional By-Law # 2013-086 that provides for theconstruction of the Corinth Branch "B" Municipal Drain (third reading scheduled for Dec 5,2013).The estimated cost of construction as per Spriets report # 213047 is $ 8,000.00.

Tender forms were prepared by Spriet Associates. The tender invite notice provided for a closingdate of November 29, 2013 at 12pm. The following tenders were received by closing:

1. PBR Excavating Inc. (received Tender Form & Bank Draft in the amount of $1,900.00)tender in the amount of $19,000.00 (plus HST) to commence work on or after December9, 2013 and to complete work on or before December 14, 2013.

2. Froese Excavating Ltd. (received Tender Form and Certified Cheque in the amount of$1585.50) tender in the amount of $14,031.00 (plus HST) to commence work on or afterDecember 6, 2013 and to complete work on or before December 9, 2013.

Staff Comments

The engineer's estimated cost for construction of the works as contained within the report is$8,000.00. Section 59(1) of the Drainage Act states that where the contract price exceeds 133%of the engineer's estimate of the contract price, Council of the initiating municipality is requiredto call a meeting to deal with the necessary modifications. Section 59(1) refers to petition drains.This drainage works is under Section 78 of the Drainage Act as it is a repair/replacement.However, since the lowest tender bid is $6031.00 (more than 133%) above the Engineer'sestimate for construction there are a couple of options that staff may suggest to council at this

*

point.

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Staff Report DR2013-027 2 5 Dec, 2013

1. Accept the lowest tender bid as is, get the job done and allocate the extra costs to the roads2. Accept the lowest tender bid as is, get the job done and bill out the drainage works as per theEngineers assessment schedule3. Defer accepting the lowest tender bid as is, hold a public meeting and advise all rate payers inthe drainage works watershed of the contractors cost estimates and make a decision at that time.4. Not accept the lowest bid and retender the project. However; we only received 2 bids on thisjob as other area contractors were too busy to submit a bid and the job is too small for largerdrainage contractors to move their equipment to Bayham for this job.

It should be noted that the contractor with the lowest bid has proposed to start the jobimmediately, with the exception of ordering the material in advance. Holding another publicmeeting to inform the rate payers would delay construction into January, unless the contractorworks through Christmas.

Recommendations:

"THAT Staff Report DR2013-027 be received;

AND THAT Council accept the tender for provision of drainage works set out in the Formof Tender for the Corinth Branch "B" Municipal Drain, as submitted by Froese ExcavatingLtd., in the amount of $14,031.00 ( excluding HST), with work to commence on or shortlyafter December 6,2013.

AND THAT By-Law 2013-101 authorizing the execution of contract documents bepresented to Council for enactment."

Respectfully submitted, Revi9wed By,

-g ^^t^^Lv

cZUJ Y-, ^

Drainage SupeAitendent fey^Kru^ -T-'L^ \, L/^

Bill Knifton AdiHinistratrfr

Staff Report DR2013-027 regarding "Corinth Branch "B" Munici... Page 35 of 129

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-101

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DRAINAGE WORKS FOR THE COREVTHMUNICIPAL DRAIN BRANCH "B" IN THE MUNICIPALITY OFBAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT,CHAPTER D.17, R.S.0.1990 AS AMENDED.

WHEREAS the Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a contract on behalf of the Municipality,for the provision of drainage works of the Corinth Municipal Drain Branch "B" based onand in accordance with the terms and conditions of the tender accepted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for consb-uction of theCorinth Municipal Drain Branch "B" in accordance with the Contract as prepared bySpriet Associates;

THEREFORE the Council of the Corporation of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for consti-uction of the Corinth Municipal Drain Branch "B" inaccordance with the Contract attached hereto as Schedule "A" and forming part ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5THDAY OF DECEMBER 2013.

Mayor

Clerk

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Page of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TENDERERS

CORINTH DRAIN - BRANCH 'B'

MUNICIPALITY OF BAYHAM

1 Sealed tenders shal! be received by the at the Municipal Offices on o^.''^e;Fo££: NOJ'EM^C£ ^ ^ Z0i'3^(_£>?i^C-(Ii, tlL9^

at MynjcJEalitv of Bavham. 9344 Plank Road. Box 160. STRAFFORDV1LLE. Ontario, NOJ 1YO

2. SPECIFICATIONS: The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following:

Contract DrawingsGeneral ConditionsOpen DrainTile Drain

Specifications for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE; The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. If required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 1 55 York Street, London, Ontario N6A 1 AS.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and a re provider for _the convenience of the Tenderer. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy.

4. PRICES SUBMITTED: The tender price or prices tendered m the Tender shall be in full compensation for all labour,equipment and materials and utility and transportation services necessary to perform and complete alt work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is th e

intention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which areclearly necessary for the completion of the work shall bs considered part of the work, though not directly specifiedin the Tender Documents,

5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided. It shall be noted that anyalteT-tion. -of th^ "Form..of Tender and Agreement", failure lo complete the Form of Tender in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceofthe Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderer shall keep his Tender open for acceptance and irrevocable unfit 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value Includedin the tender price. The bid deposit shall be in the form of a certified cheque payable to the Municipality. Thecheque deposited by the unsuccessful Tenderers will be returned without delay,

7. CONTRACT SECURITV: The bid deposit of the successful Tender shall be retained by the Municipality until thecontracl is completed and a completion certificate is issued by the Engineer. The successful Contractor shall havet_he_option o^fumishing the Municipality with a Performance Bond to replace the bid deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of one year after thedate of the completion certificate.

8, TAXES: The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T,),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise jirovjded by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T. in respect of the project.

9, INSURANCE: The successful Contractor shall be required to provide insurance in accordance with Section A. 12 ofthe General Conditions, Insurance.

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO:Mayor and Council: MUNICIPALITY OF BAYHAM

RE: Construction of; CORINTH DRAIN - BRANCH 'B'

The undersigned, having carefully examined the drawings, specifications and location of the work and understandingall conditions hereby offers to enter into a contract to construct the said work for the said Municipality, complete andready for use in accordance with drawings and specifications on file at the office of the Municipality or Engineer, whichdrawings and specifications form the basis of the proposal .for the following prices;

To Wit:

COVERED PORTION

a) Supply of Materials $ 4,9^.00b) Supply of Labour and Equipment $ <%">o^&7^

Sub-Total $ iH, ^3l..c >PlusH.S.T. 13% $ \,'CTTo3

TOTAL TENDER COVERED PORTION$LSSSJ^'^

We understand that the Municipality may accept tenders -for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The Tender shall enclose the followina:

ST3(a) A Certified cheque of $...\,i,1^?.^.. ."., representing the bid deposit as specified in the Information for Tenderers.(b) A Certificate of Clearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid.

The Tender shall also complete the following section:

(a) If awarded the Contract, the Tender agrees to commence work on or after ,..^l.C-.&..-.,^./.,,?:C?/n3, and to fullycomplete the work on or before ....0.£.&.t..'?,..,...SL.C?J..'?s

(b) J^e ma^G^'^^^^^T^POSG^^T^^^^^i^T^ec]^^^\^^^ ^(c) If an excavator is listed in (b) above, it will be used to ^xcavptethe following sections of closed drain:

...............^\A....S^^^.Q^....;.jc^....x3jd.&^...^<^^^....._._;...^^

(d) If any work is to be sub-let.Jist work and the proposed sub-contractor here:r\e...,£ub.-^A.-£.^

Provisional Items;

Contractor to be paid as follows on tributary drain connections that are not noted on drawings:

$ Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof prefabricated wyes or tees when required. (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

$ The connections in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4") dia. and $10.00/m for150mm (6") dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITY

COMPANY NAME:....H:C>.£^..^.C.^^,^.o^..,U^ MAYORADDRESS:. ..>~5^.-,2t.^......k1h:i.^-;yf\...SL.' CLERK

SAv^£^.ak^k....,..5.^.....,......... DATEf .fBf.V 'A7

Signature:, ...^.t^^.-f^^^., DATE.I>

/

L

(Seal if Incorporated) (Sea!)

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Page 3 of 3Revised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213047 November 14, 2013

CORINTH DRAIN - BRANCH 'B' (CONSTRUCTION)

Installation of the following concrete field tile and H.D.P.E. sewer pipe including wrapping of tilejoints with geotextile and sand bedding for sewer pipe; '2A OCI.QfjS> L.S.M45 meters of 300mm(12") concrete tile (3.^-L.S.48 meters of 300mm (12") sewer pipe

Supply of above listed tile and boss 2000 type H.D.P.E. sewer pipe 3A!LjG^j-.s.Supply of 300mm wide geotextile for wrapping of tile joints (Approx. 50m required) SOO.C>fi LS.

^ply and install one 600mm x 600mm standard catchbasin and one 600mm x 600mm junction 3^,3^ ^^OL.S.Salvage and reinstall existing precast catchbasin at new location 3 fS13 L.S.

^^"Connection to existing catchbasin and main outlet drain iWGto L.S,

Restore lawn area north of raihway with existing and new topsoil and seeding QOO..^ LS.P^fc^nC^' \^d T£S 1J^,©©

NOTE: The Extent of Work is to be attached to the Tender Form.

COMPANY NAME:'F^D^&e ^^c^^\^ L-\^\J

ADDRESS: ^-S-3^ f=~,'^4^ S4 .

^rc.^rcL'i\[{~p D{^TELEPHONENO: $TT 3 U - S-^Lfo f FAX NO: ^ f T - S^^_^£)^*3

NOTE: This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary! inconjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender thisProject. In case of any mconsistency or conflict between the drawings and this "Extent of Work", the drawings shalltake precedence over the "Extent of Work".

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-4)

CORPORATION OF THE MUNICIPALITY OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council Date: Dec 5,2013

FROM: Drainage Superintendent Report: DR2013-028

SUBJECT: New England Municipal Drain Award Contract

Purpose:

The purpose of this report is to recommend the acceptance of the lowest complete tender bid forthe provision of drainage works for the New England Municipal Drain.

Background:

The final reading is to be given to Provisional By-Law # 2013-087 that provides for theconstruction of the New England Municipal Drain (third reading scheduled for Dec 5, 2013).The estimated cost of construction as per Spriets report # 213124 is $ 18,060.00.

Tender forms were prepared by Spriet Associates. The tender invite notice provided for a closingdate of November 29, 2013 at 12pm. The following tenders were received by closing:

1. PBR Excavating Inc. (received Tender Form & Bank Draft in the amount of $3400.00)tender in the amount of $34,000.00 (plus HST) to commence work on or after January 13,2014 and to complete work on or before January 24, 2014.

2. Froese Excavating Ltd. (received Tender Form and Certified Cheque in the amount of$2130.05) tender in the amount of $18,850.00 (plus HST) to commence work on or afterDecember 16, 2013 and to complete work on or before December 23, 2013.

Staff Comments

The engineer's estimated cost for construction of the works as contained within the report is$18,060.00. Section 59(1) of the Drainage Act states that where the contract price exceeds 133%of the engineer's estimate of the contract price. Council of the initiating municipality is requiredto call a meeting to deal with the necessary modifications. As the lowest tendered amount doesnot exceed 133%, the contract can be awarded.

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Staff Report DR2013-028 2 5 Dec, 2013

Recommendations:

"THAT Staff Report DR2013-02S be received;

AND THAT Council accept the tender for provision of drainage works set out in the Formof Tender for the New England Municipal Drain, as submitted by Froese Excavating Ltd.,in the amount of $18,850.00 ( excluding HST), with work to commence on or afterDecember 16, 2013 and be completed on or before December 23,2013.

AND THAT By-Law 2013-102 authorizing the execution of contract documents bepresented to Council for enactment."

Respectfully submitted, Revjfewed By,/

/l/iiG.^L ^ /

i f^t ^Drainage Superintendent Kyb Krug^rBill Knifton Adylinistrator

* .

f

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-102

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DR4DiTAGE WORKS FOR THE NEW ENGLANDMUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAM

PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTERD.17, R.S.0.1990 AS AMENDED.

WHEREAS the Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a contract on behalf of the Municipality,for the provision of drainage works of the New England Municipal Drain based on and inaccordance with the terms and conditions of the tender accepted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for construction of theNew England Municipal Drain in accordance with the Contract as prepared by SprietAssociates;

THEREFORE the Council of the Corporation of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for construction of the New England Municipal Drain inaccordance with the Contract attached hereto as Schedule "A" and forming part ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

THREAD A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5DAY OF DECEMBER 2013.

Mayor

Clerk

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Page of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TEN DERERS

NEW ENGLAND DRAIN

MUNICIPALITY OF BAYHAM

1, Sealed tenders shall be received by the at the Municipal Offices on e>'iL'B£F<iR.?l N&y 'L.^i'^s<-L^C? <2- 1'2-P/-\

at Municipality of Bavham. 9344 Plank Road. Box 160. STRAFFORDVILLE. Ontario. NOJ 1YO

2. SPECIFICATIONS; The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following:

Contract DrawingsGeneral Conditions

Open DrainTile Drain

Specifications for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE: The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. If required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 155 York Street, London, Ontario N6A 1A8.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and are provided for the convenience of the Tenderer. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy.

4. PRICES SUBMITTED: The tender price or prices tendered in the Tender shall be in full compensation for all labour,equipment and materials and utility and transportation services necessary to perform and complete all work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is theintention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which areclearly necessary for the completion of the work shall be considered part of the work, though not directly specifiedin the Tender Documents.

5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided. It shall be noted that anyalteration of the "Form of Tender and Agreement", failure to complete the Form of Tender in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceof the Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderer shall keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value includedin the tender price. Ths bid deposit shall be in the form of a certified cheque payable to the Municipality. Thecheque deposited by the unsuccessful Tenderers will be returned without delay.

7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until thecontract is completed and a completion certificate is issued by the Engineer. The successful Contractor shall havethe option of furnishing the Municipality with a Performance Bond to replace the b.fd deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of one year after thedate of the completion certfficate.

8. TAXBS; The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T.),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise provided by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T, in respect of the project.

9. INSURANCE: The successful Contractor shall be required to provide insurance in accordance with Section A. 12 ofthe General Conditions, Insurance,

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO:Mayor and Council; MUNICIPALITY OF BAYHAM

RE: Construction of; NEW ENGLAND DRAIN

The undersigned, having carefully examined the drawings, specifications and location of the work and understandingall conditions hereby offers -to enter into a contract to construct the said work for the said Municipality, complete andready for use in accordance with drawings and specifications on file at the office of the Municipality or Engineer, whichdrawings and specifications form the basis of the proposal for the following prices:

To Wit:

COVERED PORTION

a) Supply of Materials $ (Ms"i^b) Supply of Labour and Equipment y{fc^

!^?i^Sub-Total $Plus H.S.T. 13% $ Os

$_AL3_^^TOTAL TENDER COVERED PORTION

We understand that the Municipality may accept tenders for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The Tender shall enclose the following: .('.3

(a) A Certified cheque of $.,^.+.^0........ representing the bid deposit as specified in the Information for Tenderers.(b) A Certificate of Cfearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid.

The Tender shall alsp^ompjete the foflowina section:

(a) If awarded the Contract, the Tender_agrees to_commence_work on or after .....^C'(r.;.J.^.i.c?ol,^ and to fullycomplete the work on or before .....^C;...^..,:.aD.\.2?

(b) The major^ equipment nroposed.for use pn this project^^?^.^;^^.~b^v^:-^?Z'.'.i,".\b^c.^c^,:is

(c) If an excavatori^ listed in (b) above, it will t^ used to excavate the following sections of closed drain:<^.^<^Io^.^£>T.'^\^^C ^

(d) If any work is to be syb-let, list work and the proposed sub-contractor here;^.G...,^,+.^^..U'^

Provisional Items:

Contractor to be paid as follows on tributary drain connections that are not noted on drawings:

$ Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof prefabricated wyes or tees when required. (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

$ The connections in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4") dia. and $10,00/m for150mm (6"> dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITY

:. .^.0^.. . ^. .CA^^.' /M.. ^ ^ . ^9COMPANY NAME MAYOR

ADDRESS:...5"»3.((?.....H^..Si.. CLERK

S^^id^-t.....^.................... DATEn i/

Signature; ,^^-h DATEJ »

(Seal if Incorporated) (Seal)

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Page 3 of 3Revised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213124 November 14,2013

MAIN DRAIN CONSTRUCTION

One 6 meter length of 300mm dig., HOPE outlet pipe including rodent gateSupply 1 90.C-D L.S.Installation at tile outlet with quarry stone rip-rap protection around pipe andacross bank slope (Approx. 12cu.m. required) IRGO^RLs.

Installation of the following HDPE sewer pipe ( approx. 203 meters required)183 meters of 200mm dia. sewer pipe 3^fW^LS.20 meters of 300mm dia. sewer pipe ^"TO-rs'D L.S.

Supply of the above listed pipe 3. S 3^0 L.S.

Supply and install five 600mm x 600mm standard catchbasins, and one 900x1200mm ditch S^rnM.s.jniet catchbasin including grates, berms, ditching, and rip-rap at the 900x1200mm basin

Clearing and Grubbing U^_0@_L.S.t

ia.

Remove and Dispose of Existing Materials 4CG.OC L.S.Install seeding on bank ^ C?0^£> L.S.Install Concrete Collar on Pipe TO' >ff> LS.u

NOTE: The Extent of Work is to be attached to the Tender Form.

COMPANY NAME:.^TrK'^ /^xr^j^Vi (~ir\ L^d .

ADDRESS: ^5-S-^ T^,W^ ^ .

<;-\-f^- )(Ti\A'|l-f , flfOTELEPHONE NO: ^~l(J'-"iO "S'9(p( FAX £/i-i^iz__iM3NO:

NOTE- This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary inconjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender thisproject. In case of any inconsistency or conflict between the drawings and this "Extent of Work", the drawings shalltake precedence over the "Extent of Work"

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7(^)

CORPORATION OF THE MUNICIPALITY OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council Date: Dec 5,2013

FROM: Drainage Superintendent Report: DR2013-029

SUBJECT: PhUIips (Calton) Municipal Drain Award Contract

Purpose:

The purpose of this report is to recommend the acceptance of the lowest complete tender bid forthe provision of drainage works for the Phillips (Calton) Municipal Drain.

Background:

The final reading is to be given to Provisional By-Law # 2013-085 that provides for theconstruction of the Phillips (Calton) Municipal Drain (third reading scheduled for Dec 5, 2013).The estimated cost of construction as per Spriets report # 213137 is $ 13,020.00.

Tender forms were prepared by Spriet Associates. The tender invite notice provided for a closingdate of November 29, 2013 at 12pm. The following tenders were received by closing:

1. PBR Excavating Inc. (received Tender Form & Bank Draft in the amount of $2880.00)tender in the amount of $28,800.00 (plus HST) to commence work on or after December16, 2013 and to complete work on or before December 24, 2013.

2. Froese Excavating Ltd. (received Tender Form and Certified Cheque in the amount of$1570.00) tender in the amount of $13,807.20 (plus HST) to commence work on or afterDecember 10, 2013 and to complete work on or before December 13, 2013.

Staff Comments

The engineer's estimated cost for construction of the works as contained within the report is$13,020.00. Section 59(1) of the Drainage Act states that where the contract price exceeds 133%of the engineer's estimate of the contract price. Council of the initiating municipality is requiredto call a meeting to deal with the necessary modifications. As the lowest tendered amount doesnot exceed 133%, the contract can be awarded.

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Staff Report DR2013-029 2 5 Dec, 2013

Recommendations:

"THAT Staff Report DR2013-029 be received;

AND THAT Council accept the tender for provision of drainage works set out in the Formof Tender for the Phillips (Calton) Municipal Drain, as submitted by Froese ExcavatingLtd., in the amount of $13,807.20 ( excluding HST), with work to commence on or afterDecember 10, 2013 and be completed on or before December 13,2013.

AND THAT By-Law 2013-103 authorizing the execution of contract documents bepresented to Council for enactment."

Respectfully submitted, Reviewed By,

/"^ ^^L

L

^

^u ^1; / '-t^./

r-A ^1 ^

^Drainage SuperiqAendent Kvlte'Kru^er "h-

Bill Knifton Adi61inistritorv

/

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-103

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DRAINAGE WORKS FOR THE CALTON(PHILLIPS) MUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAMPURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTERD.17, R.S.0.1990 AS AMENDED.

WHEREAS die Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a contract on behalf of the Municipality,for the provision of drainage works of the Calton (Philhps) Municipal Drain based on andin accordance with the terms and conditions of the tend^ accepted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for construction of theCalton (Phillips) Municipal Drain in accordance with the Contract as prepared by SprietAssociates;

THEREFORE the Council of the Corporation of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for construction of the Calton (Phillips) Municipal Drain inaccordance with the Contract attached hereto as Schedule "A" and forming pan ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5THDAY OF DECEMBER 2013.

Mayor

Clerk

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Page of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TENDERERS

PHILLIPS DRAIN (CALTON1

MUNICIPALITY OF BAYHAM

1. Sealed tenders shall be received by the at the Municipal Offices on oe. -B?'F=E;£C I<;QU .1C{ ("7C-uas-Cs C- ^P^

at Mumcjfialitv of Bavham. 9344 Plank Road. Box 160. STRAFFORDVILLE. Ontario. NOJ1YO

2. SPECIFICATIONS; The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following;

Contract DrawingsGeneral ConditionsOpen DrainTile DrainSpecifications for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE; The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order -to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. If required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 155 York Street, London, Ontario N6A 1 AS.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and are provided for the convenience of the Tenderer. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy.

4. PRICES SUBMITTED: The tender price or prices tendered in the Tender shall be in full compensation for all labour,equipment and materials and utility and transportation services necessary to perform and complete all work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is theintention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which areclearly^necessary for the completion of the work shall be considered part of the work, though not directly specifiedin the Tender Documents,

51 A.?.CE^TANF^.: TT!1ders s!1^!1 b? mad8 o.n a lump sum basis cln the forms provided, it shall be noted that anyalteration of the "Form of Tender and Agreement", failure to complete the Form of Tender in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceof Uie Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderefsha!l keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value includedin the lender price. The bid deposit shall be in the form of a certified cheque payable to the Municipality. Thecheque deposited by the unsuccessful Tenderers will be returned without delay.

7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until thecontract is completed and a completion certificate is issued by the Engineer, The successful Contractor shall havethe option of furnishing the Municipality with a Performance Bond to replace the bid deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of one year after thedate of the completion certificate.

8, TAXES: The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T.),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise provided by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T, in respect of the project.

9. INSURANCE: The successful Contractor shall be required to provide insurance in accordance with Section A. 1 2 ofthe General Conditions, Insurance.

/

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO:Mayor and Council: MUNICIPALITY OF BAYHAM

RE; Construction of: PHILLIPS DRAIN (CALTONt

The undersigned, having carefully examined the drawings, specifications and location of the work and understand ing^conditions hereby offers center into a contract to construct the said work for the said Municipality'; compFete'andT^;lw us8in-acc^d3ncewithdrawin9sand.specif[cations onfite at the office of the MunicipaNt^or'Engineer: whichdrawings and specifications form the basis of the proposal for the following prices:To Wit;

COVERED PORTION

a) Supply of Materials $ 1,1/8.^4b) Supply of Labour and Equipment $ ^,<^8^

Sub-Total $ 13,90^20H.S.T. 13% $ /~J94<^Plus

TOTAL TENDER COVERED PORTION$U^te=^

We understand that the Municipality may accept tenders for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The Tender shall enclose the following:

(a) A Certified cheque of $...l,.^7.Q........ representing the bid deposit as specified in the Information for Tenderers.(b) A Certificate of Clearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid.

The Tender shall also complete the following section

(a) If awarded the Contract, the Tender agrees to commence work on or after ...,.C?.l£.^J,C;l.,.2-0,l.^ and to fullycomplete the work on or before .....OfeC,..j3,....^.Q.l.~^;,;.::.:;.;:

(b) The major equipmep-t proposed for use on this projectis.....,^.C.^V.^^.C.,......h^\\.<A.P..^C............................................................

(c) If an excavator is listed in_(b) above, it wM be used to excavate the following sections of closed drain:..............^^\....S/^.cA:^^i.^.s......^......^^Q,^^.....r^.(.^.^^..J.... ._^^

(d) [f any work is to be sub-let, list work and the proposed sub-contractor here:.,,.,..,.........,,.,,,, J,,\,^.. .....T?.Sr>.t^7T..lC».l ..i'... ................. .., >.................,.,,,..,,,,,,.,......,,..,,...,..,.,.,,......,..,..,,,., ^,

Provisional Items:

Contractor to be paid as follows on tributary drain connections that are not noted on drawings;

$ Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof pre-fabricated wyes or tees when required, (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

$ The connections in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4") dia. and $10,00/m for1 50mm (6") dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITY

COMPANY NAME:...Frr&.e^....^.f;<?sW."^.i.O^ ^\d~ MAYOR DRESS-...^^.^...^\t±L...e>±. CLERK

Sto.f.^A^i.}k....,,C!,^ DATE....

1/i; ^r'.£.Signature: ^KA^^ DATE;*,

(Seal if Incorporated) (Seal)

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Page 3 of 3Revised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213137November 14, 2013

MAIN AND BRANCH DRAIN - CLOSED PORTION (CONSTRUCTION)

^Ly.!l.n*?J1lt!^-Te-t!3Flof2^m^ dia- fused.H:D.P.E- outlet pipe, including quarry stonerip-rap outlet protection on filter cloth (Approx. 3m' rip-rap) 6@^.&e>Ls

Supply and install 202 meters of 200mm dia. H.D.P.E. sewer pipe (Boss 2000) hSOO LSSupply and install 70 meters of 150mm dia. H.D.P.E. sewer pipe (Boss 2000) L-SjCfcj-.s.Supply and install two (2) 600mm x 600mm standard catchbasins complete oLl2Q_L.S.Supply and install one (1 } 600mm x 600mm Junction box with concrete lid um_L.s.

^pr£eyr^adkensta"two (2) 100mm dia' H'D-P'E' stubs 4 meters lon9 including tees, caps and wood ^ ^ L,S.

NOTE: The Extent of Work is to be attached to the Tender Form.

COMPANY NAME: Fro ej^ ^^t^i ^C^S,^

ADDRESS; ^&^ ^T4A Sl

S -hr<;-C-^s fr-i ,) i ]\^ ^G<0TELEPHONENO; ^7 ?--?0 - 5~n^ / FAX NO: $"/? ~ ^fc"^00^>

NOIE' ms."EX!entofworkl< form has been PrePared for the convenience of the Contractor and he is to use this summary in=rtimw e nand^^tenderform-d^"^^Pec."ca^s^.e^li.^^,^n^l^sEL^S ^;"'S^5tenS!,^c°"fflct betwee" the drawing^and this Txient ofWc»1;^he^w;ng:shai;take precedence over the "Extent of Work".

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CORPORATION OF THE MUNICIPALITY OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council DATE: November 20, 2013

FROM: Planning Coordinator/Deputy Clerk & Administrator FILE: T09

SUBJECT: Road Allowance Closures & Transfers NUMBER: PR2013-09

Purpose

This report is in regards to a request from Jenkins & Gilvesy Law Finn, on behalf of their client )

that Council considers closing and conveying a given road and portions of an unopened roadallowance and obtaining the given road (Csinos Road) in Lot 16 Concession 1.

Background

Two proposals have been received for Council to consider:1. Parcel south of Lakeshore Line - Csinos Farms Limited requesting the closure of the road

allowance between Lots 15 & 16 Concession 1 and transferring the road allowance to thecurrent owner and the Municipality release its interest in the given road (Csinos Road)allowance south ofLakeshore Line.

2. Parcel north of Lakeshore Line - Closing of road allowance between Lots 15 & 16Concession 1 and transferring it to Csinos Farms Limited and Csinos Farms Limitedtransferring the travelled given road in Lot 16 Concession 1 known as "Csinos Road"north of Lakeshore Line to the Municipality

Staff Comments

Brief description of both proposals to be considered:

Proposal 1This proposal is considered to be a historical "clean-up" of past Bayham By-laws andagreements for land transfer. Township of Bayham By-law 318, passed September 7,1874, was for the purpose of conveying the road allowance between Lots 15 & 16 inConcession 1 south of Lakeshore Line to then abutting landowner, Morrison, upon thecondition that Morrison convey to the Township the "new" travelled road allowanceacross Lot 16 south ofLakeshore Line. It appears the road allowance was not formallyclosed and therefore remains an unopened road allowance. As well, the given road in Lot16, opened by By-law 318 remains open and unused for municipal purposes.

The best approach is to complete the closure and conveyance of the original roadallowance between Lots 15 & 16 as per By-law 318 and pursue the road closing processfor the given road in Lot 16. All costs are to be borne by Csinos Farms Limited forclosing the road allowance and transferring it to the current owner, and the Municipalitywill release its interest in the given road (Csinos Road) south of Lakeshore Line to fulfillthe intent of By-law 318.

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2

Proposal 2This proposal is considered a land exchange to relinquish the unopened road allowancebetween Lots 15 & 16 Concession 1 north of Lakeshore Line and formally acquire thetravelled portion of a given road known as "Csinos Road" north ofLakeshore Line

The closing and conveying of the road allowance between Lots 15 & 16 Concession 1will be the distance from Lakeshore Line to the northerly boundary of the Csinos FarmsLimited Property. The transfer of the travelled portion of the given road in Lot 1 6Concession 1 identified as "Csinos Road" shall be the distance from Lakeshore Line to

the northerly lot line of the existing residential property.

Csinos Farms Limited and the Municipality will split the cost of closing the roadallowance between Lots 15 & 16, Concession 1 and transferring it to Csinos FarmsLimited and transferring the travelled "Csinos Road" to the Municipality. The estimatedtotal costs to be split are legal fees of $1500 ($750) plus disbursements. Reference Planfor unopened road allowance $2750 ($1375) plus disbursements and Reference Plan forTravelled Road (Csinos Road) $2000 ($1000) plus disbursements and the advertising fee.

Staff have reviewed the historical documentation provided for Proposal 1 and appreciate theintent of the Township By-law to close and transfer the road allowances. Staff do not foreseeany future municipal use for the road allowances south of Lakeshore Line.

Proposal 2 provides for an opportunity to formally acquire and define the dimensions of thetravelled road, Csinos Road, through a land exchange.

Attachment1. Sketch of Road Allowances

RECOMMENDATION

THAT staff be directed to initiate any required procedures pursuant to the Municipal Act tocomplete the closure and conveyance of the original road allowance between Lots 15 & 16 inConcession 1 as per Township ofBayham By-law 318 and to pursue the road closing process forthe Given Road in Lot 16 Concession 1 south ofLakeshore Line provided Csinos Farms Limitedpay all required costs including advertising, survey and legal expenses;

AND THAT staff be directed to initiate any required procedures pursuant to the Municipal Act toclose the unopened road allowance between Lots 15 & 16 in Concession 1 north of LakeshoreLine and convey such to the abutting property owner Csinos Farms Limited and in exchangeacquire the travelled portion of Csinos Road north of Lakeshore Line, provided Csinos FarmsLimited agrees to split the costs equally for the required advertising, survey and legal expenses.

Respectfully Submitted by, Reviewed by,

^ L^^,2/ vr</

2^ % W(, ^L^ '£.

JVfargare s/

argaret Underhill, Planning Coordinator/Deputy Clerk Kyl ger, administrator7

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Staff Report PR

2013-09 regarding "Road A

llowance C

losures & ...

Page 54 of 129

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7CORPORATION OF THE MUNICIPALITy OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council DATE: December 2, 2013FROM: Administrator FILE: ToySUBJECT: Edison Drive Bridge NUMBER: C2013-11

Purpose

This report is to provide information regarding impacts/issues resulting from the reduced weight limit onthe Edison Drive bridge.

Background

Staff had advised Council at its November 7fh, 2013 meeting that the County ofElgin has reduced theweight limit for the Edison Drive bridge in Vienna to 5 tonnes. Staff also noted that the limit impacts onservices to the existing residences located on the norfherly side of the bridge as there is no alternativeroad access.

As a result, Council requested staff provide an additional report on impacts, for the purpose ofdiscussions with the County.

Staff Comments

Impacts

Staff have further looked at municipal services that may be impacted by this weight limit, and alsocirculated the affected property owners to gain their input on other impacts they expect/identify.1. Winter Maintenance

As winter maintenance is currently contracted out to a service that has vehicles less than 5 tonnes, itis not expected to be impacted at this time. However, as tenders proceed or should currentcontractors become unavailable, there may be limited contractors with these smaller vehicles, andthe Municipality may need to acquire new equipment to continue basic winter maintenance.

2. Capital Road Maintenance

Small maintenance items such as patching etc. may be continued, but with some impacts. Forexample, the municipal "2 ton" truck weighs in at over 5 tonnes with a full load of coldmix. In thelonger term, capital road repairs such as tar and chip replacement and repairs will be need to becarried out, however the vast majority of equipment required cannot access this area via this bridge atfhe reduced weight limit. Staff have also noted however, that even at the 10 tonne limit, most of theneeded equipment (front end leader, grader, tandems, brine truck, paving machine, rollers, etc.)would still exceed the weight limit.

3. Waste Collection

Norfolk Disposal vehicles exceed the new weight limit, and therefore are unable to provide curbsidecollection of waste to the affected residences. Staff are making arrangements to allow thecontinuation ofcurbside collection, so that the residences will see no impact for this service, howeverthis will have some extra costs. Similar to the road maintenance issue, staffhave also noted thatcurrent waste disposal vehicles also exceed 10 tonnes.

4. Fire Protection

Arrangements had been established to enable fire services to access/service the area with the previousweight restrictions, with the installation of a cistem. However, with the limit now reduced to 5tonnes, existing fire service vehicles cannot access the area.

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2

Fire services staff have established short term plans to attempt to minimize risk and are currentlypursuing some additional steps, such as works to allow better access to the Creek for local watersource. Further items however are required, and options continue to be examined. These options willin all likelihood require obtaining additional equipment, and may yet not fully address needs.

5. Ambulance Services

Current Ambulance service vehicles exceed the 5 tonne weight limit.6. Resident Concerns

Letters were sent to affected property owners November 19th, requesting information/comment byNovember 28th.

Comments were received from one owner, expressing concerns with potential impacts on lumberingactivities planned for their property.A second owner has advised of concerns with:

the delivery of oil for equipment and heatingthe ability to access the area with needed agriculhiral equipment, costs for maintenance forprivate access routes now required for equipment, and safety on those routesdifficulties shipping farm products (cucumbers).

greatly increased shipping costs (smaller loads, staging across the bridge).

Other considerations

Staff have also had a preliminary review of other access options, that include Creek Road and extensionof Old Mill Line.

Portions of Creek Road beyond the affected properties was closed by By-law No. 2002-64 at the requestof some area residents. The lands remain in Municipal ownership, so teclinically allow Municipal toaccess the area. Alternatively, it is noted that the road closure was not registered at the Land Titlesoffice, and therefore the By-law could be repealed and the road re-opened. However, the roadway wasoriginally closed as it was an unmaintamed allowance, and of course no works have been carried outsince. The distance that would require improvement would exceed 4000 ft., and to make it passablecosts are expected to exceed $200,000. To arrive at an appropriate estimate, considerable field work andengineering assistance would be required.From assessment maps, the Old Mill Line allowance appears to extend to meet with Creek Road (seeattached from assessment roll). Confirmation may require some additional survey work and title review.Assuming the allowance is in place, the same comments as outlined for Creek Road respecting costswould apply.Strategic Plan Goal(s)

Goal #1 - Practice responsible financial managementGoal #4 - Be dedicated to service excellence

Recommendation

THAT Council and staff representatives arrange a meeting with the County ofElgin to farther discussthe Edison Drive bridge weight limits and options.

Respectfully submitted,y^u

^^°Works ManI/

yle^JCruger^ AdministratorVanc^ Czer^inski, Public Works ManagerChri^ McQiuggan, Acting Deputy Fire Chief

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^ Edison Drive Bridge<3"! uair^

*

Legend2010 Aerial Photography. Red: Band_1

. Green: 6and_2

. Blue: Band 3

1:23,203 01.2 0 0.59 1.2KilometErs Notes

This map is a user generated static output from an Internet mapping site andis for reference only. Data layers that appear on this map may or may not be

accurate, current, or otherwise reliable.© Latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION

Staff Report C

2013-11 regarding "Edison Drive B

ridge".File: ...Page 57 of 129

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Correspondence dated November 12, 2013 from Township of Mala... Page 58 of 129

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Correspondence dated November 12, 2013 from Township of Mala... Page 59 of 129

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/21/2013 11:26AM

Accounts PayableRoyal Bank

Cheque Register - 11/21/2013

Invoice In/oice Cheque ChequePayee Number Date Type Amount Number

001647 1255475 ONTARIO LTD

533719 FLAGS, FLAGPOLE 11/04/2013 84.04 015661

533899 LIGHT BULBS 11/04/2013 12.48 015661

535792 LIGHTS 11/08/2013 131.77 015661

Cheque Amount - 228.29000023 AAROC AGGREGATES LTD

14648 RECYCLED ASPHALT 10/18/2013 147.94 015662

14649 WINTER SAND 10/18/2013 3,793.62 015662

Cheque Amount - 3,941.56000081 AYLMERTIRE

0000103498 INSTALL TIRE 11/12/2013 263.83 015663

Cheque Amount - 263.83002214 BEAFTIE WATER

356402 RICHMOND WATER PROJECT11/17/2013 2,720.00 015664

Cheque Amount - 2,720.00000166 CARRIER TRUCK CENTERS

D-233100089 FILTERS 11/06/2013 280.95 015665

Cheque Amount - 280.95000183 CHRIS MCQUIGGAN

reimburse purchase PLASTIC BINS 11/14/2013 73.44 015666

Cheque Amount - 73.44000193 CLAYTON COLLVER

workboots/coveralls' WORKBOOTS/COVERALLS11/20/2013 267.79 015667

Cheque Amount - 267.79001901 DATASOFT SOFTWARE SOLUTIONS

2013062 RICHMOND PS PANEL 10/10/2013 50,280.48 015668

Cheque Amount - 50,280.48002041 DRAINAGE SUPERINTENDENTS

2014 membership 2014 MEMBERSHIP 11/20/2013 175.00 015669

Cheque Amount - 175.00000272 DYNAMIC FLUID PRODUCTS INC

1-40211-0 SPIN ELEMENT 11/11/2013 38.80 015670

-40398-0 THREAD SEALANT 11/14/2013 86.54 015670

Cheque Amount - 125.34001708 EASTLINK

81275224 50005842Nov INTERNET - FIREHALL 11/10/2013 58.71 015671

81275224 50011345Nov INTERNET - OFFICE 11/10/2013 98.26 015671

Nov81275224 50050103 INTERNET - GARAGE 11/10/2013 58.71 015671

Page

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/21/2013 11:26AM

Accounts PayableRoyal Bank

Cheque Register- 11/21/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

Nov81275224 50110352 INTERNET - BW FIREHALL 11/10/2013 81.31 015671

Nov81275224 50123140 INTERNET - EDISON MUSEUM11/10/2013 146.79 015671

Cheque Amount - 443.78000316 EQUIPMENT CENTRE SIMCOE LTD

T063774 BLADE 10/31/2013 242.95 015672

T063852 FLOORSAW 10/17/2013 129.84 015672

T063859 WALK BEHIND ROLLER 10/17/2013 69.50 015672

Cheque Am ou nt - 442.29000334 FASTENAL CANADA

ONTIS72829 CABLES, HAZARD 11/05/2013 40.69 015673

Cheque Amount - 40.69000391 GREGCOLE

food/drinks HOUSE FIRE 11/14/2013 86.58 015674

Cheque Amount - 86.58000427 HYDRO ONE NETWORKS INC

Nov200014511874 UTILITIES - PUMP#5 11/15/2013 489.32 015675

Nov200029957308 UTILITIES-OFFICE 11/15/2013 443.98 015675

Nov200030410578 UTILITIES-GARAGE 11/13/2013 585.37 015675

Nov200071865045 UTILITIES - STRAF FIREHALL 11/15/2013 389.00 015675

Nov200074134340 UTILITIES - VIENNA LIBRARY 11/11/2013 41.53 015675

Nov200083821307 UTILITIES - PUMP#4 11/18/2013 57.86 015675

Nov200091680529 UTILITIES - VIENNA MEM PARK 11/11/2013 138.95 015675

Nov200091755402 UTILITIES - STRAFF LIBRARY 11/15/2013 296.53 015675

Nov200095723207 UTILITIES - PUMP#3 11/18/2013 87.89 015675

Nov200114309316 UTILITIES - S.C.C. 11/15/2013 1,415.32 015675

Nov200119107176 UTILITIES-PUMP#2 11/15/2013 282.67 015675

Cheque Amount - 4,228.42000466 JIMMIJONS

43690 UNIT RENTAL - INTERP CENTRE10/17/2013 231.08 015676

43812 UNIT RENTAL - LIBRARY & BEACH 11/01/2013 104.95 015676

Cheque Amount - 336.03

001558 JOE JOHNSON EQUIPMENT INC.

S11180 REPAIR MOWER 11/01/2013 8,568.13 015677

Cheque Amount - 8,568.13000508 KIRWfN & OATMAN EXCAVATING LTD

11543 SCREENED TOPSOIL 11/12/2013 203.40 015678

Cheque Amount - 203.40

000510 KLASSEN AUTO PARTS

Page 2

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/21/2013 11:26AM

Accounts PayableRoyal Bank

Cheque Register- 11/21/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

1-166750 GUAGE, TIRE FOAM 10/05/2013 47.61 015679

1-166883 PLUG 10/07/2013 21.90 0156791-167207 REDUCER 10/10/2013 87.12 0156791-167366 CLEANER, PROTECTANT 10/11/2013 58.14 015679

1-167854 CLEANERS, SPRAY BOTTLE 10/18/2013 31.09 0156791-168208 STANDARD TIE WRAP 10/22/2013 5.39 0156791-168653 HAUL PIN 10/28/2013 2.26 015679

Cheque Amount - 263.51000517 KROWN RUST CONTROL

269068 OIL 11/15/2013 137.18 015680

Cheque Amount - 137.18001470 LEANNWALSH

supplies - Edison SUPPLIES - EDISON NIGHT 11/20/2013 257.75 015681

Cheque Amou nt - 257.75000591 MCNAUGHTON FARM DRAINAGE LTD

219328 REPAIR MUNICIPAL TILE DRAIN 10/07/2013 192.10 015682

Cheque Amount - 192.10000610 MINISTER OF FINANCE

1083935 MNR - ANNUAL RENTAL 11/05/2013 203.40 015683

Cheque Amount - 203.40000663 ONTARIO BUILDING OFFICIALS

membership 2014 MEMBERSHIP RENEWAL 11/15/2013 334.48 015684

Cheque Amount - 334.48000677 OXFORD COMMUNICATIONS LTD

0000143107 SITE RENTAL - STRAF FIREHALL 11/01/2013 I 169.50 015685

Cheque Amount - 169.50002247 PBR EXCAVATING INC.

Job No. 212022 SORENY BRANCH DRAIN 11/13/2013 17,797.50 015686

Cheque Amount" 17,797.50001484 PELMOREX CANADA INC.

116749 LOCAL AREA FORECAST 10/31/2013 339.00 015687

Cheque Amount - 339.00000734 R.A.PILKEY

18405 NOZZLE, REPAIR 10/28/2013 342.39 015688

Cheque Amount - 342.39000743 RBC ROYAL BANK

45160500009541190ctb CANADA POST - BAG TAG FLYERS 10/10/2013 164.40 015689

45160500009541190cte CANADA POST - BAG TAG FLYERS 10/10/2013 200.51 015689

Page 3

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/21/2013 1:26AM

Accounts PayableRoyal Bank

Cheque Register- 11/21/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

45160500009541190ctr CANADA POST-BAG TAG FLYERS 10/11/2013 34.14 015689

Ocb4516050000954119 DOMAIN REGISTRATION 11/06/2013 14.63 015689

Octr4516050000954119 ELECTION WEBINAR 11/01/2013 113.39 015689

Cheque Amount - 527.07000660 RELIANCE HOME COMFORT

0066310304721018NoveUNIT RENTAL - E.C.C. 11/11/2013 31.08 015690

Cheque Amount - 31.08001922 S&B SERVICES LT.

5356 DRIVE SHAFT, BEARING, SPROCK 1 1/05/2013 240.57 0156915359 COUPLER, RATE SENSOR 11/07/2013 73.45 015691

Cheque Amount - 314.02001706 SCHOONERS GALLEY

320709 PERCH DINNER-EDISON NIGHT 11/16/2013 2,063.60 015692

Cheque Amount - 2,063.60000829 SPECTRUM COMMUNICATIONS LTD

0000680842 ANSWERING SERVICE 11/15/2013 95.99 0156930000681520 HOLIDAY FEE - THANKSGIVING11/15/2013 11.30 015693

Cheque Amount - 107.29001599 STEVE ADAMS

coveralls'13 COVERALLS 11/09/2013 62.14 015694

Cheque Amount - 62.14001054 STRAFFORDVILLE FIREMAN'S ASSOCIATION

firefighter meal HOUSE FIRE-RIDGE LINE 11/12/2013 50.32 015695

Cheque Amount - 50.32000874 TEAM TRUCK CENTRES

A233180082 ARM & SHAFT ASSY 11/14/2013 202.48 015696

Cheque Amount- 202.48001359 TREASURER E.C.F.P.O.A

2013 membership 2013 MEMBERSHIP 11/15/2013 100.00 015697

Cheque Amount - 100.00002025 TYCO INTEGRATED SECURITY CANADA

80163466 ALARM SYSTEM - V.C.C. 11/21/2013 394.37 015698

Cheque Amount - 394.37001324 UNDERHILLBROS

88529 HAULING SAND 10/21/2013 1,619.59 015699

Cheque Amount - 1,619.59000935 UNION GAS LIMITED

Page

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/21/2013 11:26AM

Accounts PayableRoyal Bank

Cheque Register- 11/21/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

Nov2732106-1969754 UTILITIES - E.C.C. 11/13/2013 180.07 015700

Nov2732106-2430725 UTILITIES - PUMP#1 11/13/2013 26.34 015700

Cheque Amount- 206.41000953 VIENNA HOME CENTER LTD

396133 STAPLER, STAPLES, GAP STOP 10/03/2013 32.17 015701396163 PL PREMIUM 10/03/2013 44.04 015701396641 FLASH LIGHT 10/17/2013 21.46 015701396679 WOOD SCREWS, BRUSH SET10/18/2013 11.50 015701396796 RECIPROCATING BLADES 10/21/2013 24.27 015701396808 BULB 10/21/2013 6.77 015701396818 POSTS 10/22/2013 192.01 015701396866 SERVICE BULBS 10/23/2013 10.14 015701396908 DUCT TAPE 10/24/2013 6.54 015701396959 FLOURESCENT BULBS 10/25/2013 230.18 015701

Cheque Amount - 579.08

Cheque Run Total - 99,000.26

Page 5

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2013.09.03 8.0 9759 MUNICIPALITY OF BAYHAM 11/28/2013 9:1 SAM

Accounts PayableRoyal Bank

Cheque Register - 11/28/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

002214 BEATTIEWATER

356404 RICHMOND WATER PROJECT11/24/2013 2,400.00 015702

Cheque Amount - 2,400.00000154 CANADIAN KOOL WATER

6988 WATER BOTTLES 11/26/2013 56.00 015703

Cheque Amount - 56.00000189 CITY TREASURER

130254 MRF PROCESSING 11/18/2013 11,545.74 015704

130261 MRF PROCESSING 11/18/2013 13,153.75 015704

Cheque Amount - 24,699.49001984 COMMISSIONAIRES

104712 BY-LAW ENFORCEMENT 11/09/2013 248.20 015705

Cheque Amount - 248.20

002248 ELGIN OXFORD NORFOLK MUSEUMS

70 AD SPACE 11/09/2013 518.53 015706

90 2012 EON JOINT AD 11/09/2013 513.53 015706

Cheque Amount- 1,032.06000357 G&K SERVICES CANADA INC

1518249603 SHOP TOWELS, FLOOR MATS11/20/2013 280.64 015707

1518249608 FLOOR MATS - FIREHALL 11/20/2013 45.71 015707

Cheque Amount - 326.35000367 GENERAL CHEMICAL

90607562 ALUMSULFATE 11/15/2013 668.08 015708

Cheque Amount - 668.08000427 HYDRO ONE NETWORKS INC

200028426930 UTILITIES-PBSTLLIBBYE 11/19/2013 422.26 015709

200124278488 UTILITIES-STRAFSTL 11/19/2013 422.26 015709

Nov200002670501 UTILITIES-PUMP#8 11/22/2013 189.17 015709

Nov200056959175 UTILITES-EASTSTSTL 11/19/2013 182.71 015709

Nov200068238760 UTILITIES - TREATMENT PLANT 11/19/2013 5,874.75 015709

Nov200123522494 UTILITIES-PUMP#7 11/22/2013 74.60 015709

Cheque Amount - 7,165.75001470 LEANNWALSH

Edison Fundraiser EXPENSES 11/27/2013 128.88 015710

Cheque Amount - 128.88000569 M&L SUPPLY

0000132322 LED LIGHTS 11/15/2013 632.46 015711

Cheque Amount - 632.46

Page

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/28/2013 9:1 SAM

Accounts PayableRoyal Bank

Cheque Register - 11/28/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

000572 MANULIFE FINANCIAL

181-181 Dec'13 DECEMBER REMIT 11/24/2013 4,241.85 015712

183-183 Dec'13 DECEMBER REMIT 11/24/2013 5,140.40 015712

Cheque Amount - 9,382.25000581 MARVIN'S ROOF REPAIR

356137 EAVESTROUGH CLEANING 11/21/2013 875.75 015713

Cheque Amount - 875.75

000617 MUDFORD FAMILY MARKET

10110808044 SUPPLIES 07/12/2013 8.58 015714

10110808882 SUPPLIES 07/15/2013 7.98 015714

10110810866 SUPPLIES 07/22/2013 12.37 015714

10110815365 SUPPLIES 08/08/2013 12.37 015714

10110818928 SUPPLIES 08/21/2013 11.97 015714

10110820868 SUPPLIES 08/28/2013 49.76 015714

10110823988 SUPPLIES 09/10/2013 7.49 015714

10110824236 SUPPLIES 09/11/2013 7.49 015714

10110824254 SUPPLIES 09/11/2013 8.58 015714

10110827175 SUPPLIES 09/23/2013 8.58 015714

10110829366 SUPPLIES 10/02/2013 8.58 015714

10110832843 SUPPLIES 10/17/2013 8.58 015714

10110834687 SUPPLIES 10/25/2013 50.58 015714

10110839099 SUPPLIES 11/13/2013 12.37 015714

10110839479 SUPPLIES 11/14/2013 63.43 015714

10110839796 SUPPLIES - EDISON NIGHT 11/16/2013 110.83 015714

Cheque Amount - 389.54

002249 OLD COLONY MENNONITE CHURCH

F2013-042 REIMBURSE DAMAGE DEPOSIT11/22/2013 164.10 015715

Cheque Amount - 164.10

000685 PATWATTERS

coveralls/boots'13 COVERALLS / WORKBOOTS11/23/2013 216.94 015716

Cheque Amount - 216.94000771 ROGERS

1324446670/200-5876 CELL PHONE - G ROESCH 11/14/2013 54.68 015717

1324446670/617-1156 CELL PHONE - V CZERWINSKI 11/14/2013 54.68 015717

1324446670/617-1294 CELL PHONE - B BUTLER 11/14/2013 21.87 015717

1324446670/619-7656 CELL PHONE - A SWANCE 11/14/2013 21.87 015717

1324446670/636-5709 CELL PHONE - PB FIRE DEPT 11/14/2013 21.87 015717

1324446670/636-5787 CELL PHONE - ROADS DEPT 11/14/2013 21.87 015717

1324446670/636-6069 CELL PHONE - B KNIFTON 11/14/2013 54.68 015717

Page 2

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/28/2013 9:1 SAM

Accounts PayableRoyal Bank

Cheque Register- 11/28/2013

Invoice Cheque Chequenvoice

Payee Number Date Type Amount Number

1324446670/636-6178 CELL PHONE - STRAF FIRE DEFT 11/14/2013 21.87 015717

1324446670/636-6198 CELL PHONE - E BRADFIELD 11/14/2013 54.68 015717

1324446670/636-6368 CELL PHONE - E ROLOSON 11/14/2013 79.10 015717

1324446670/636-9464 CELL PHONE - K KRUGER 11/14/2013 54.68 015717

1324446670/902-1249 CELL PHONE - ROADS DEPT 211/14/2013 21.87 015717

Cheque Amount - 483.72

000827 SOUTHWESTERN FIRE PROTECTION

4249 FIREHALL - E>CTINGUISHERS 10/30/2013 283.63 015718

4250 V.C.C. EXTINGUISHERS 10/30/2013 412.45 015718

4251 S.C.C. - EXTINGUISHERS 10/31/2013 507.09 015718

4252 PB LIBRARY - E>CTINGUISHERS 10/31/2013 114.13 015718

4253 E.C.C. EXTINGUISHERS 10/31/2013 129.95 015718

4254 OFFICE - EXTINGUISHERS 10/31/2013 111.87 015718

4255 LIBRARY - EXTINGUISHERS 10/31/2013 150.29 015718

Cheque Am ount- 1,709.41000981 WILSON'S LAWN CARE

718 OCTOBER LANDSCAPING 10/31/2013 3,390.50 015719

Cheque Amount - 3,390.50

Cheque Run Total - 53,969.48

Page 3

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2013.09.038.09759 MUNICIPALITY OF BAYHAM 11/28/2013 9:37AM

Accounts PayableRoyal Bank

Cheque Register- 11/28/2013

Invoice Invoice Cheque ChequePayee Number Date Type Amount Number

000427 HYDRO ONE NETWORKS INC

200028426930 UTILITIES - PB STL LIBBYE 11/19/2013 422.26 015720200124278488 UTILITIES - STRAF STL 11/19/2013 422.26 015720Nov 200123522494 UTILITIES - PUMP#7 11/22/2013 159.43 015720Nov200002670501 UTILITIES - PUMP#8 11/22/2013 189.17 015720Nov200056959175 UTILITES - EAST ST STL 11/19/2013 182.71 015720Nov200068238760 UTILITIES - TREATMENT PLANT 11/19/2013 5,874.75 015720

Cheque Amount - 7,250.58

Cheque Run Total - 7,250.58

Page

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Page 69: COUNCIL AGENDA THE CORPORATION OF THE ......COUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Council Chambers Thursday, December 5, 2013

A D p c A N A D A RUN: NOV 26 2013 NO: Ap A Y R a L L T E c H N 0 L 0 s E s PAGE: 1871

D A I L Y u p D A T E R E p 0 R80RW c 0 M p A N Y T 0 T A L s HST REG: 100057413 RTOOO^MUNICIPALITY OF BAYHAM

COMPANY PAGE:3DEBIT DATE; NOV 27, 2013

TOT PACKETS - 2 DATE OF PAY:NOV 29, 2013

CURRENT ADJUST-DR ADJUST-CR CURRENT TOTAL YTD ADJUST YTD TOTAL

FEDL TAX 9,'+17.68 °,417.6S 216,933.32 FEDL TAXNR TAXMR TAX

PROV TAXPROV TAX

El CONT 994.84 994.84 44,864.02 £1 CONTQPIP

QPIPCAN PEN 2,272.78 2,272.78 100,735.62 CAN PENQC PEN

QC PENQC HSF

QC HSFON EHT 2,13^.65 2,IS^65 27,881.68 ON EHTMB MET

MB METNL HAPSET

NL HAPSET

TOT STATS 14,819.95 14,819.95 390,414.64 TOT STATS

CHEQUES 1,265.00 1,265.00 51,760.09 CHEQUESDEPOSITS 100,178.91 100,178.91 1,016,301.62 DEPOSITSUS DEPS

US DEPSDED DEPS

DED DEPSSAV DEPS

SAV DEPS

TOT NPAY 101,445.91 10l,<+43.9l 1,068,061.71 TOT NPAY

RRSP RRSPRTI RTI

TOT PAYROL 116,263.86 116,263.86 1,458,476.35 TOT PAYROL

SERV CHRS 208.65 208.65 3,911.40 SERV CHRGHST 27.12 27.12 508.<+8 HST

GRAND TOT 116,499.63 116,499.63 1,462,896.23 SRAND TOT

ANALYSIS OF SERVICE CHARGES

ITEM UNITS CHARGE ITEM UNITS CHARGE ITEM UNITS CHARGESALARIED WORKPAYS 17 30.26 HOURLY WORKPAYS 53 94.54 PAYROLL RUNS I 52.02PAY ADVICE FOLD 70 17.50 COURIER FEE 13.05 DELIVERY SURCHARGE 1 1.50

TOTAL S/C SUBJECT TO HST IS 208.65

TOTAL PAYROLL DEBIT IS 116,499.63 DEBIT INFORMATION: XXX XXXXX XXX1923

Cheque R

egister being Cheque #015661 to C

heque #015720 inclu...Page 69 of 129

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9

A/&.........^1

Ontario AgriCentreL f

100 Stone Road West, Suite 206, Guelph, Ontario N1G 5L3Ontni»Federutl ^ < f : riculture Tel: (519)821-8883 . Fax: (519) 821-8810 . www.ofa.on.ca

thNov 6U1, 2013

Mayor Paul EnsMunicipality of BayhamP.O. Box 160, 9344 Plank RoadStraffordville, OntarioNOJ 1YO

Dear Mr. Ens:

The Ontario Federation of Agriculture (OFA) is interested in conducting a Cost ofCommunity Services (COCS) case study in a rural Ontario municipality. The OFA wouldbe very pleased if the Municipality of Bayham would be interested in taking part in thisresearch.

A COCS study can help identify spending on municipal services that benefit owners ofproperties of a specific land use type and identify the benefits of different types of landuse within a municipality. It can also help determine whether infrastructure and roadinvestments, for instance, are sustainable and add value to the community.

believe this research would support your Council's decisions related to the municipalityof Bayham's strategic plan.

A COCS study attributes local government spending and revenues to various propertytypes. COCS studies generally categorize property types into four categories:residential, commercial, industrial, and farmland.

COCS studies have three primary steps:

Step 1: Collect data on local/municipal revenues and expenditures

Step 2: Group revenues and expenditures and allocate them to the major land usecategories (residential, farmland, commercial, industrial).

Step 3: Analyze the data and calculate "revenue to expenditure" ratios for each landuse category. Revenue to expenditure ratios (revenue - expenditures) tell us theamount of municipal expenditures each land class consumes for every dollar of revenuecontributed to the municipal budget.

The Ontario Federation of Agriculture enables prosperous and sustainable farms.

Correspondence dated November 6, 2013 from Ontario Federatio... Page 70 of 129

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As a member of the OFA's Farm Policy Research Group staff, I will be principalresearcher working on this project. In addition, an independent third-party researchadvisory committee will provide project oversight, ensure that the study meets thehighest academic standards and increase the transparency & credibility of the research.Advisory committee members will include University of Guelph professor Dr. WayneCaldwell, Mr. Barry Sinclair who is currently an independent farm finance consultant andformer manager of farm finance related programs with OMAFRA, and Mr. ArthurChurchyard who is a land use planner with the County of Huron.

A successful COCS case study requires the active participation of key municipal staff.Properly allocating costs and revenues is a crucial aspect of any COCS study. Forexample, to allocate the cost of fire protection across the four land categories wouldrequire municipal staff to review or provide the records of dispatched responses to callswithin the municipality to determine what proportion of fire trucks were dispatched toeach property category.

This study would have no financial cost to the municipality. However it would requiremunicipal staff time. To make efficient use of time, information from existing municipalreports will be used as much as possible. Based on discussions with the author of manysimilar studies in the USA, I anticipate five meetings in the municipality with municipalstaff will be necessary to gather the required information.

I would welcome the opportunity to meet with you and your Council to further discussthe possibility of your municipality being the subject of this Cost of Community ServicesCase Study. I can be reached at (519)821-8883 extension 222 or by email,ben.lefort(a).ofa.on.ca.

Thank you for taking the time to consider this proposal.

Sincerely,

Ben Le Fort

Farm Policy Researcher (Economist)Ontario Federation of Agriculture

Correspondence dated November 6, 2013 from Ontario Federatio... Page 71 of 129

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A proud tradition, a bright future. -f/

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f\/^November 25, 2013

Town of Aylmer46 Talbot Street, West,Aylmer, OntarioN5H 1J7 li

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Municipality of the Township of Bayham, IR

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P.O. Box 160, B

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9344 Pfank Road,Straffordvilte, Ontario 6

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Dear Sirs: ^X

RE: Doors Open.1;

At its regular meeting held on November21, 2D13, the Council of The Corporation of )-.

the Township of Malahide enacted the following resolution; ji-

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THAT Malahide Township Council requests the Town ofAyImer andMunicipality of Bayham to defer the Doors Open East Elgin event for 2014 andreconsider the same for 2015 in order to ensure the availability of thenecessary time and resources Involved to plan this event.

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Yours very truly,TOWNSHIP OF MALAHIDE B

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y&7 M^CASAVECCmA^SOMERS D.P.A, C.M.O, CMMIll.i;

"?&Chief Administrative Officer/Clerk

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MICHELLE M. CASAVECCHIA SUSAN E. WILSONChief Administrative Officer/Clerk Director of [email protected] [email protected]

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Correspondence dated November 25, 2013 from Township of Mala... Page 72 of 129

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L-o yFrom: Kent Hollister [mailto:[email protected]]Sent: November-20-13 10:44 AM

To: Kyle KrugerSubject: Bayham, Municipality of - 2014 MHSW Amending Agreement - ACTION REQUIREDImportance: High

To all municipalities providing MHSW collection services,

Attached to this email you will find an amending agreement for the New Municipal orHazardous Special Waste Services Agreement between Stewardship Ontario and yourmunicipality. This amending agreement is necessary to incorporate the following changesnegotiated by the Regional Public Works Commissioners of Ontario, the Association ofMunicipalities of Ontario, and the Municipal Waste Association (Member Associations)and Stewardship Ontario:

Reflect changes to the reporting and payment processes that were implemented in.

2013 to reduce administrative burdens and expedite payments to municipalities.

Provide additional clarity about the methodology used to conduct Lab Pack.

Audits and to provide the Member Associations with the option of observing theLab Pack Audits and reviewing the results.

Remove penalties for the late submission of Depot hourly Claims Submissions..

Insert language to demonstrate how the Depot hourly rate will be calculated if amaterials exits Stewardship Ontario's program, such as through the awarding ofan ISP. The percentages used to complete the table found in Schedule C, for thosemunicipalities providing Depot collection services, are based on the provincialaverage share of tonnes collected by material through the Depot channel from Q42012 to Q3 2013.

Stewardship Ontario received endorsement of these changes in principle from theMember Associations on September 23rd.

The Amending Agreement has an effective date of January 1, 2014. While we recognizethat this provides only six weeks to obtain the necessary signatures, we are asking thatyou make every effort to return two signed original copies of the amending agreementby December 31,2013 to the following address:

Stewardship OntarioATTN: Kent Hollister

th1 St. Clair Ave. West, 7m FloorToronto, ON M4V 1K6

Thank you very much for your continued efforts to collect Phase 1 MHSW We are onpace for another successful year.

Correspondence dated November 20, 2013 from Stewardship Onta... Page 73 of 129

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THE CORPORATION OF THEMUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-100

A BY-LAW TO AMEND BY-LAW 2012-057AUTHORIZING AGREEMENTS BETWEEN

THE MUNICIPALITY OF BAYHAMAND

STEWARDSHIP ONTARIO

FOR THE PROVISION OF FUNDINGFOR MUNICIPAL HAZARDOUS OR SPECIAL WASTE SERVICES

WHEREAS Section 11 (3)( 3) Of the Municipal Act, 2001 provides that a Municipality maypass by-laws with respect to the Jurisdiction of waste management.

AND WHEREAS by letter received by Waste Diversion Ontario on December 12, 2006, theMinister of the Environment for the Province of Ontario required Waste Diversion Ontario todevelop a waste diversion program for municipal hazardous or special waste and thatStewardship Ontario act as the Industry Funding Organization for the program;

AND WHEREAS the Municipality ofBayham operates a municipal hazardous or special wastecollection annually;

AND WHEREAS by By-law 2012-057 passed on May 3, 2012, the Council of the Corporationof the Municipality ofBayham entered into an agreement dated July 1, 201 land an amendmentto the agreement dated January 27, 2012 for provision of funding for municipal hazardous orspecial waste services;

AND WHEREAS Stewardship Ontario has requested that the Council of the Municipality ofBayham approve a further amendment to the agreement to incorporated changes negotiated bythe Regional Public Works Commissioners of Ontario, the Association of Municipalities ofOntario and the Municipal Waste Association (Member Associations) and Stewardship Ontario;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THEMUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:

1. THAT the Mayor and Clerk be and are hereby authorized to execute the amendingAgreement, effective January 1, 2014, attached hereto as Schedule "A" and forming partof this by-law between the Municipality ofBayham and Stewardship Ontario for theprovision of funding for municipal hazardous or special waste services;

2. AND THAT this by-law shall come into full force and effect upon final passing.

THREAD A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 51H DAYOF DECEMBER 2013.

MAYOR CLERK

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AMENDING AGREEMENTNEW MUNICIPAL HAZARDOUS OR SPECIAL WASTES SERVICES AGREEMENT

WHEREAS:

1. Stewardship Ontario and Corporation Of The Municipality Of Bayham (collectively, the"Parties") entered into an agreement concerning municipal hazardous or special wastesdated July 1, 2011, including any previous amendment made by the parties (thett Agreement");

2. The parties wish to make certain amendments to the Agreement as set out herein.

THE PARTIES THEREFORE AGREE AS FOLLOWS:

The Agreement is hereby amended effective January 1, 2014 as set out in Schedule "A"hereto.

2 Any section marked as "Intentionally Deleted" in the Agreement remains "IntentionallyDeleted" and is not replaced by or amended by anything in Schedule "A".

3 All other provisions of the Agreement remain unamended and in full force and affect.

IN WITNESS WHEREOF the Parties have signed this AMENDING AGREEMENT as ofDecember 31, 2013.

STEWARDSHIP ONTARIO

by:

Name: Lyle Clarke

Title: Executive Vice President

CORPORATION OF THE MUNICIPALITY OF BAYHAM

by:

Name:

Title:

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SCHEDULE "A" TO THE AMENDING AGREEMENTNEW MUNICIPAL HAZARDOUS OR SPECIAL WASTES SERVICES AGREEMENT

1. Definitions and Interpretation. The Parties agree that Section 1.2 of the Agreement isdeleted in its entirety and replaced with the following:

1.2 In this Agreement:

(a) "Agreement" means this Agreement and includes all schedules andamendments thereto;

(b) "Business Day" means Monday through Friday, excluding statutoryholidays and any other day that the Government of Ontario has elected tobe closed for business;

(c) "Claims Submission" means submission to SO of data required tovalidate claim for payment;

(d) "Collection Services" means all the activities, including those conductedat Events and Depots operated by or on behalf of the Municipality, for thepurpose of receiving, classifying, packing, storing and transferringObligated MHSW onto transportation vehicles, including the manifestingof the MHSW prior to transportation away from the Event or Depot;

(e) "Commingled Materials" means the materials listed in Schedule E thatcan be safely packed together for transportation as per the PackingStandards;

(f) "Depot" means a collection and transfer facility/location operated by oron behalf of the Municipality for receiving MHSW from the public and/orExempt Small Quantity IC&I Generators and transferring same totransporters for processing or recycling;

(g) "Diversion Report" means invoices, MHSW material tonnage reports, orother such documents as may reasonably be required by SO from time totime for the validation of Claims Submissions;

(h) "End Processor" means a Service Provider that processes collectedObligated MHSW;

(i) "Event" means a one-day or other collection event, operated by or onbehalf of a municipality to collect, pack, transport, weigh, and processMHSW from the public and/or Exempt Small Quantity IC&I Generators;

(j) "Exempt Small Quantity IC&I Generator" or "Exempt SQG" means abusiness that is not required to submit a Generator Registration Reportwith respect to MHSW under subsection 18 (1) of Regulation 347, madeunder the Environmental Protection Act (Ontario), as amended from timeto time;

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(k) "FOB" means free on board;

(I) "Generator" means the final user who generates waste which will bereused, recycled or disposed;

(m) "Lab Pack Audit" means a lab pack study conducted by a third party,with optional observation by no more than two representatives of theMember Associations at their discretion, that follows a methodologydesigned by SO with input from Member Associations to achieve a highlevel of statistical confidence, the results of which, after providing anopportunity for representatives of the Member Associations to reviewthem in confidence, are used to determine the proportionate share ofeach Commingled Material to be paid by SO as set out in this Agreement;

(n) 'Manifesting" means those activities associated with preparing amanifest for Post-Collection Services in accordance with Regulation 347made under the Environmental Protection Act (Ontario);

(0) "Member Associations" has the meaning set out in Section 4.3;

(p) "MHSW Program Plan" means the current MHSW waste diversionprogram as it applies to Phase 1 materials approved by the Ministerpursuant to section 26 of the Waste Diversion Act, 2002 (Ontario), andany amendments thereto and replacements thereof;

(q) "MHSW Services" means the Collection Services and/or Post-CollectionSen/ices provided by the Service Provider;

(r) "Minister" means the Minister of the Environment for the Province ofOntario;

(s) "Non-Commingled Materials" means the materials listed in Schedule Ethat must be packed separately for transportation as per the PackingStandards;

(t) "Obligated MHSW" means MHSW designated as Phase 1in the

Minister's program request letter to Waste Diversion Ontario received onOctober 25, 2010 requesting a revised waste diversion program forPhase 1 MHSW and as may be further defined by the Minister from timeto time;

(u) "Packing Standards" means the Waste Packing Protocols listed inSchedule "E" as amended by SO from time to time;

(V) "Post-Collection Services" means the management of ObligatedMHSW after delivery of such MHSW to a transportation Service ProviderFOB the Event or Depot location, including but not limited totransportation of Obligated MHSW materials from Events and Depots,consolidation, sorting, weighing, processing, recycling, and safe disposalof residual waste and other post-collection waste management activities;

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(w) "Service Provider" means the Municipality and/or a commercial partythat provides MHSW Services to SO or the Municipality as the case maybe;and

(X) "SO Portal" means SO's online system for uploading ClaimsSubmissions.

2. Payment. The Parties agree that Section 3.2 of the Agreement is deleted in its entiretyand replaced with the following:

3.2 Payment

(a) MHSW Services - Depot.

(i) For Depot Collection Services payable pursuant to Section 3.1(a)(i),SO will pay the Municipality pursuant to this Agreement within thirty(30) days of the end of each calendar month.

(ii) To receive payment for Depot Post-Collection Services for theCommingled Materials, the Municipality must upload a ClaimsSubmission via the SO Portal and send SO a copy of the shippingmanifest(s) and Diversion Report(s) from the End Processor withrespect to the Commingled Materials. The Claims Submission is tobe submitted by Municipality to SO within thirty (30) days ofMunicipality receiving the related Diversion Report(s) but no later thanthe end of the following calendar quarter. SO will validate the ClaimsSubmission with the manifest(s) and Diversion Report(s) receivedfrom Municipality within thirty (30) days of receipt and SO will pay theMunicipality pursuant to this Agreement within thirty (30) days of thedate on which SO determines the claim to be correct and accurate. Ifany errors or omissions are found, SO will issue a paymentadjustment and SO may require a corrected Claims Submission fromthe Municipality.

(b) MHSW Services - Event.

(i) To receive payment for Event Collection Services and Post-CollectionServices, the Municipality must upload a Claims Submission via theSO Portal and send SO a copy of the shipping manifest(s) andDiversion Report(s) from the End Processor with respect to theObligated MHSW. The Claims Submission is to be submitted byMunicipality to SO within thirty (30) days of Municipality receiving therelated Diversion Report(s) but no later than the end of the followingcalendar quarter. SO will validate the Claims Submission with theDiversion Report(s) received from Municipality within thirty (30) daysof receipt and SO will pay the Municipality pursuant to this Agreementwithin thirty (30) days of the date on which SO determines the claim tobe correct and accurate. If any errors or omissions are found, SO willissue a payment adjustment and SO may require a corrected ClaimsSubmission from the Municipality.

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(c) MHSW Services - Event (and transportation to Depot).

(i) To receive payment for Event Collection Services and transportationof Obligated MHSW to a Depot, the Municipality must upload a ClaimsSubmission via the SO Portal and send SO a copy of the shippingmanifest(s) with respect to the Obligated MHSW. The ClaimsSubmission is to be submitted by Municipality to SO within thirty (30)days of Municipality receiving the related manifest(s) but no later thanthe end of the following calendar quarter. SO will validate the ClaimsSubmission with the manifest(s) received from Municipality withinthirty (30) days of receipt and SO will pay the Municipality pursuant tothis Agreement within thirty (30) days of the date on which SOdetermines the claim to be correct and accurate. If any errors oromissions are found, SO will issue a payment adjustment and SOmay require a corrected Claims Submission from the Municipality.

3. Late Submission. The Parties agree that Section 3.5 of the Agreement is deleted in itsentirety and replaced with the following:

3.5 Late Submission

(a) SO may reduce amounts payable under Claims Submissions which are notsubmitted to SO within the time periods set out in section 3.2(a)(ii), (b) and(c) by five (5%) per cent per month.

(b) SO will have no responsibility to pay and Municipality will forfeit the right toclaim for, any Claim Submission in respect of a calendar year which is notreceived by SO within three (3) months of the end of that calendar year.

4. Term. The Parties agree that Section 4.3 of the Agreement is deleted in its entirety andreplaced with the following:

4.3 At least one hundred and fifty (150) days prior to the expiration of the Initial Termor the then current Renewal Term (as applicable) SO will invite representativesfrom the Regional Public Works Commissioners of Ontario, the Association ofMunicipalities of Ontario, and the Municipal Waste Association (the "MemberAssociations") to meeting(s) hosted by SO with the purpose of sharing anychanges to the Lab Pack Audit methodology and results, and to discuss possiblechanges to the Collection Accessibility Schedules and Payment for CollectionServices as set out in Schedule "B" and Schedule "C" respectively. SO's positionon changes to Schedule "B" and Schedule "C" following the foregoing meeting(s)will be communicated to the Municipality within one hundred and twenty (120)days of the expiration of the Initial Term or the then current Renewal Term (asapplicable).

5. Schedules. The Parties agree that Section 28.1 of the Agreement is deleted in itsentirety and replaced with the following:

28.1 Schedules "A" through "E" are attached hereto and incorporated in and form partof this Agreement.

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6. Schedule "C". The Parties agree that Schedule "C" - Payment for Collection Servicesof the Agreement is deleted in its entirety and replaced with the following new Schedule"C" - Payment for Collection Services:

SCHEDULE "C" - PAYMENT FOR COLLECTION SERVICES

SO will pay the Municipality for MHSW Collection Services as follows:

For MHSW Services - Depot, SO will pay the Municipality the Hourly Rate (definedbelow) per hour plus applicable taxes for the Total Reimbursable Hours set out inSchedule "B", to be paid in twelve (12) equal monthly instalments. For greater clarity,the monthly instalment will be calculated as Total Reimbursable Hours divided by twelve(12) and multiplied by the Hourly Rate.

The "Hourly Rate" is $0.00.

If any individual materials are removed from the scope of this Agreement as a changepursuant to section 2.3 of this Agreement, the component amounts below for theremaining in-scope materials will be used to calculate the new reduced Hourly Rate. Insuch an event, the Hourly Rate will then be the sum of the component amounts for eachindividual material that remains within the scope of the Agreement, as set out in the tablebelow.

Individual Material (for Obligated Component AmountMHSW)

Antifreeze, and the containers in which it is $0.00contained

Fertilizers, and the containers in which they $0.00are contained

Containers that have a capacity of 30 litres $0.00or less and that were manufactured and

used for the purpose of containinglubricating oil

Oil filters - after they have been used for $0.00their intended purpose

Paints and Coatings, and containers in $0.00which they are contained

Pesticides, and the containers in which $0.00they are contained

Pressurized containers - non-refillable $0.00

Pressurized containers - refillable $0.00

Single-use dry cell batteries $0.00

Solvents, and the containers in which they $0.00are contained

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For MHSW Services - Event, SO will pay the Municipality a rate of $1,100.00 per tonneof Obligated MHSW plus applicable taxes.

For MHSW Services - Event (and transportation to Depot), SO will pay the Municipalitya rate of $0.00 per tonne of Obligated MHSW plus applicable taxes.

7. Schedule "F". The Parties agree that Schedule "F" - Due Dates and Penalties of theAgreement is deleted in its entirety.

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MUNICIPALITY OF BAYHAM

MEMORANDU M^13

DATE: DECEMBER 2, 2013

TO: Mayor and Council

FROM: LyndaMillard, Clerk

RE: Howard Sti-eet Name ChangeNUMBER: C2013-09

thCouncil will recall that at the September 19 meeting staff reported that there was noknown particular significance to the Howard name given to the street in Port Burwell, norhad the street been formally dedicated as an open road allowance.

As result of Council discussion, Council passed the following resolution:

"....That the Council of the Municipality ofBayham directs that staff take thenecessary steps to assign and recognize the name of "Submariner's Way" to the streetcurrently known as Howard Street in Port Burwell."

The property is considered a private road and under section 48 of the Municipal Act, 2001,S.O. 2001, c 25, a local municipality may name or change the name of a private road aftergiving public notice of its intention to pass the by-law to do so.

Notice of the proposed name change was advertised in a local newspaper on Wednesday,th A - " -November 20 . Any persons who claimed their lands would be adversely affected by the

thname change were directed to contact the Municipal Office no later than November 29

To date no concerns from the public have been received.

Concerns raised and discussed by staff was the actual long length of the name and theinclusion of the apostrophe s and how it may affect signage, mapping, communicationdevices and programming. Staff agreed that the apostrophe be removed and tmst thatCouncil will support our decision.

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THE CORPORATION OF THEMUNICIPALITY OF BAYHAM

BY-LAW NO 2013-093

BEmG A BY-LAW TO AMEND SCHEDULE "E" TO

BY-LAW 2012-125, A BY-LAW TO CHANGE ORASSIGN NAMES TO HIGHWAYS, STREETS ANDROADS IN THE MUNICIPALITY OF BAYHAM.

WHEREAS Sections 27 (1) and 48 of the Municipal Act 2001, S.O. 2001, c.25 permitsCouncils of local municipalities to pass by-laws in respect of a highway and a private road;

AND WHEREAS the Council of the Corporation of the Municipality ofBayham enactedand passed repealing By-law 2012-125 on December 6, 2012, (currently unregistered), By-law 99-16 on May 20,1999 registered on June 30,1999 in fhe Land Registry Office for theRegistry Division of Elgin (No. 11) as Instrument No. 394408; and enacted and passedamending By-law 2000-67 on September 7; 2000 registered on September 22,2000 in theLand Registry Office for the Registry Division ofElgin (No. 11) as Instrument No. 403502;

AND WHEREAS the Council of the Municipality ofBayham recognizes that "HowardStreet" in Port Burwell is not a public road allowance but rafher a private road;

AND WHEREAS the Council of the Municipality ofBayham has been petitioned by thepublic to rename the said private road and has directed that the necessary steps be taken tochange the name from "Howard Street" to "Submariners Way";

AND WHEREAS fhe Council of the Corporation of the Municipality ofBayham desires toamend Schedule "E" to By-law 2012-125 to remove "Howard Street" as it is not a publicroad allowance, but rather a private road;

AND WHEREAS the Council of the Corporation of the Municipality ofBayham deems itnecessary to enact a by-law that will change the Howard Street name to Submariners Way;

THEREFORE THE COUNCIL OF THE CORPORATION OF THEMUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:

1. THAT Schedule "E" attached to By-law 2012-125 be hereby repealed and replacedby Schedule "E", attached hereto and fanning part of this by-law.

2. THAT for municipal purposes, By-law No. 2012-125, as amended, including allmunicipal road names and referred to as t(The Municipal Road Name By- law beregistered in the Land Registry Office for the Registry Division ofElgin, (No. 11).

3. THAT the name of the private road in Port Burwell known as Howard Street bechanged to Submariners Way.

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4. AND THAT this By-law shall be in full force and effect upon the date of itsenactment.

READ A FmST, SECOND AND THIRD TIME this 5th day of December 2013.

MAYOR CLERK

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SCHEDULE"E"TO BY-LAW NO. 2012-125

AS AMENDED BY BY-LAW 2013-093VILLAGE OF PORT BURWELL

NameAddison StreetBodsworth Lane

Bridge StreetBrock StreetBurwell StreetChatham Street

Cowper StreetElizabeth Street

Erieus Street

Fay StreetHagennan StreetHannah StreetHomer Street

Hurley LaneLibbye AvenueLibbye StreetMacNeil CourtMcCord LaneMilton StreetNewton StreetPitt StreetRobinson Street

Shakespeare StreetSouthey StreetStrachan Street

Tennyson StreetValley LaneVictoria StreetWaterloo Street

Wellington StreetWilliam Street

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9.

THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

STAFF REPORT

TO: Mayor & Members of Council DATE: December 2, 2013

FROM: Kyle Kruger, Administrator FILE: ft 03SUBJECT: Municipal Website Accessibility NUMBER: F2013-19

Purpose

This report is to consider the move of the Municipal website to an accessible format.

Backeround

The Accessibility for Ontarians with Disabilities Act (AODA) has a number of complianceitems/dates forthcoming under the Integrated Accessibility Standards. In regard to websites,the Integrated Standard provides that all new and revamped websites must comply withWCAG 2.0 Level A commencing on January 1, 2014.

At this time, our current provider, iCompass Technologies (iWeb), is providing an opportunityto move to its CMS product, which meets the new accessibility standards.

Staff Comments

The municipal website is hosted at iCompass Technologies and has been since 2009. Staff donot see a need for a major website redesign at this time, but there is content that should bereviewed and revised.

The current iWeb service platform being used is not compliant, and iCompass is offering acompliant new platform with a basic redesign at a cost of approximately $5,000. This pricingmay increase in 2014. Annual hosting/support fees would remain at the current level of$3,750. and support hours are not limited.

For comparison, in 2012, the County issued an RFP to undertake a website redesign, andmove to a new accessible content management system for its websites. In that case, a grouppurchasing opportunity was made available, in which local municipalities could undertake awebsite redesign on a template basis, modeled after the design for the revised Countywebsites. Pricing for each local municipality was $7,500 (dropping to $4,000 per site if twoor more municipalities participated).

Of additional consideration to moving hosts, there is considerable staff time required tomigrate information and some need for training on a new system. If the Municipality remainswith iCompass, the move to a new platform is anticipated to be fairly simple. There is alsosome advantage in utilizing iCompass, in that the website is integrated with our MeetingManagement software.

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The 2013 budget did not specifically include any website redesign/accessibility costs. Shouldthe Municipality proceed with the change, funding would be from the 2014 operatmg budget,or the stabilization reserve.

Recommendation

That Council authorize staff to proceed with the migration of the Municipal Website to theiCompass CMS platform, and that the financing be considered with the 2014 budget process.

Respectfully submitted

^

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mistri^'

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Kyl^Kruger^ Administrator!ff

IT

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Discussion regarding "Policing Cost Solutions". Page 88 of 129

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Discussion regarding "Policing Cost Solutions". Page 92 of 129

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Discussion regarding "Policing Cost Solutions". Page 93 of 129

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-085

A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKSIN THE MUNICIPALITY OF BAYHAM CST THE COUNTY OF ELGIN

KNOWN AS THE PHILLIPS (CALTON) BRANCH MUNICIPAL DRAIN

WHEREAS the Engineer Spriet Associates on behalf of the Municipality ofBayham inaccordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the followinglands and roads be drained by drainage works:

Part Lot 1, Concession 4, being Parts 1 ~ 5 of 11R-9570, Municipality ofBayham

AND WHEREAS, the Council of the Municipality ofBayham has procured Engineer Report No.213137, prq)ared by Spriet Associates, dated August 30, 2013, which is attached hereto asSchedule "A", and forms part of this By-Law.

AND WHEREAS the estimated total cost of constructing the drainage work is $18,800.00;

AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;

NOW THEREFORE the Council of the Municipality ofBayham enacts as follows:

1. Engineer Report No. 213137, dated August 30, 2013 and attached hereto, is herebyadopted and the drainage works as therein indicated and set forth are hereby authorized and shallbe completed in accordance therewith.

2.1 The Corporation of the Municipality ofBayham may borrow, on the credit of theCorporation, the amount of $18,800.00, being the amount necessary for construction of thedrainage works.

2.2 The Corporation may arrange for the issue of debentures on its behalf for the amountborrowed less the total amount of,

(a) grants received under Section #85 of the Act;

(b) commuted payments made in respect of lands and roads assessed within themunicipality;

(c) monies paid under Subsection #61(3) of the Act; and

monies assessed in and payable by another municipality, and

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By-law No. 2013-085 -2-

such debentures shall be made payable within five (5) years from the date of the debenture andshall bear interest at a rate not higher than the rate charged by a chartered bank of Canada.

3. A special equal rate sufficient to redeem the principal and interest on the debentures shallbe levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in thesame manner and at the same time as other taxes are collected in each year for five (5) years afterthe passing of this by-law.

4. For paying the amount of $0 being the amount assessed upon the lands and roadsbelonging to or controlled by the municipality, a special rate sufficient to pay the amountassessed plus interest thereon shall be levied upon the whole rateable property in theMunicipality ofBayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected.

5. All assessments are payable in the first year in which the assessment is imposed.

6. This By-law comes into force on the passing thereof and may be cited as the "Phillips(Calton) Municipal Drain".

thREAD A FIRST AND SECOND TIME this 17m day of October and provisionally adopted thisth17In day of October 2013.

./^/^ ^ ^\^M^J?^my

MAYOR CLERK

READ A THIRD TIME AND FINALLY PASSED this day of 2013.

MAYOR CLERK

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COURT OF REVISION - MUNICIPALITY OF BAYHAM

Take notice that the Court of Revision of the Corporation of the Municipality ofBayham forconsidering and determining of Appeals to the said Court of Revision to the Assessment ofBy-law #2013-085 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICEin Straffordville on November 7, 2013 at 8:00 p.m. All notices of assessment appeal by anowner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the firstsitting of the Court.

Date of mailing Qi^to^^^^^ 3-0^3 ^^^r^\f^J S M ^ ,,9LERK

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-086

A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKSIN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN

KNOWN AS THE CORmTH BRANCH MUNICIPAL DRAIN

WHEREAS the Engineer Spriet Associates on behalf of the Municipality ofBayham inaccordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the followinglands and roads be drained by drainage works:

Part Lots 4 and 5, Concessions 9 and 10, Municipality ofBayham

AND WHEREAS, the Council of the Municipality ofBayham has procured Engineer Report No.213047, prepared by Spriet Associates, dated August 30, 2013, which is attached hereto asSchedule "A", and forms part of this By-Law.

AND WHEREAS the estimated total cost of constructing the drainage work is $16,100.00;

AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;

NOW THEREFORE the Council of the Municipality ofBayham enacts as follows:

1. Engineer Report No. 213047, dated August 30, 2013 and attached hereto, is herebyadopted and the drainage works as therein indicated and set forth are hereby authorized and shallbe completed in accordance therewith.

2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of theCorporation, the amount of $ 16,100.00, being the amount necessary for construction of thedrainage works.

2.2 The Corporation may arrange for the issue of debentures on its behalf for the amountborrowed less the total amount of,

(a) grants received under Section #85 of the Act;

(b) commuted payments made in respect of lands and roads assessed within themunicipality;

(c) monies paid under Subsection #61(3) of the Act; and

monies assessed in and payable by another municipality, and

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By-law No. 2013-086 -2-

such debentures shall be made payable within five (5) years from the date of the debenture andshall bear interest at a rate not higher than the rate charged by a chartered bank of Canada.

3. A special equal rate sufficient to redeem the principal and interest on the debentures shallbe levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in thesame manner and at the same time as other taxes are collected in each year for five (5) years afterthe passing of this by-law.

4. For paying the amount of $0 being the amount assessed upon the lands and roadsbelonging to or controlled by the municipality, a special rate sufficient to pay the amountassessed plus interest thereon shall be levied upon the whole rateable property in theMunicipality ofBayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected.

5. All assessments of $250 or less are payable in the first year in which the assessment isimposed.

6. This By-law comes into force on the passing thereof and may be cited as the "CorinthBranch B Municipal Drain".

thREAD A FIRST AND SECOND TIME this 17m day of October and provisionally adopted thisth17m day of October 2013.

M^c.^ ^^3r>^<a~\~i^ J/^J)\

y ^

MAYOR CLERK

READ A THIRD TIME AND FINALLY PASSED this day of 2013.

MAYOR CLERK

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COURT OF REVISION - MUNICIPALITY OF BAYHAM

Take notice that the Court of Revision of the Corporation of the Municipality ofBayham forconsidering and determining of Appeals to the said Court of Revision to the Assessment ofBy-law #2013-086 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICEin StrafFordville on November 7, 2013 at 8:10 p.m. All notices of assessment appeal by anowner shall be served on the Clerk of the Municipality AT LEAST 1 PDA YS PRIOR to the firstsitting of the Court.

CQ^jQ^ 2- /. SL^/3 ^L^^\^ Jb^. ^QDate of mailingy

CLERK

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-087

A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKSIN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN

KNOWN AS THE NEW ENGLAND MUNICIPAL DRAIN

WHEREAS the Engineer Spriet Associates on behalf of the Municipality ofBayham inaccordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the followinglands and roads be drained by drainage works:

Part Lots 24 and 25, Concession 9, Municipality ofBayham

AND WHEREAS, the Council of the Municipality ofBayham has procured Engineer Report No.213124, prepared by Spriet Associates, dated September 18, 2013, which is attached hereto asSchedule "A", and forms part of this By-Law.

AND WHEREAS the estimated total cost of constructing the drainage work is $24,760.00;

AND WHEREAS the Council is of the opinion that the drainage of the area is desirable;

NOW THEREFORE the Council of the Municipality ofBayham enacts as follows:

1. Engineer Report No. 213124, dated September 18, 2013 and attached hereto, is herebyadopted and the drainage works as therein indicated and set forth are hereby authorized and shallbe completed in accordance therewith.

2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of theCorporation, the amount of $24,760.00, being the amount necessary for construction of thedrainage works.

2.2 The Corporation may arrange for the issue of debentures on its behalf for the amountborrowed less the total amount of,

(a) grants received under Section #85 of the Act;

(b) commuted payments made in respect of lands and roads assessed within themunicipality;

(c) monies paid under Subsection #61(3) of the Act; and

monies assessed in and payable by another municipality, and

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By-law No. 2013-087 -2-

such debentures shall be made payable within five (5) years from the date of the debenture andshall bear interest at a rate not higher than the rate charged by a chartered bank of Canada.

3. A special equal rate sufficient to redeem the principal and interest on the debentures shallbe levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in thesame manner and at the same time as other taxes are collected in each year for five (5) years afterthe passing of this by-law.

4. For paying the amount of $0 being the amount assessed upon the lands and roadsbelonging to or controlled by the municipality, a special rate sufficient to pay the amountassessed plus interest thereon shall be levied upon the whole rateable property in theMunicipality ofBayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected.

5. All assessments are payable in the first year in which the assessment is imposed.

6. This By-law comes into force on the passing thereof and may be cited as the "NewEngland Municipal Drain".

thREAD A FIRST AND SECOND TIME this 17ln day of October and provisionally adopted thisth17m day of October 2013.

&^ s.

^3 <-^ J^r^Jia^<^v^-r>7 y

MAYOR CLERK

READ A THIRD TIME AND FINALLY PASSED this day of 2013.

MAYOR CLERK

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COURT OF REVISION - MUNICIPALITY OF BAYHAM

Take notice that the Court of Revision of the Corporation of the Municipality ofBayham forconsidering and determining of Appeals to the said Court of Revision to the Assessment ofBy-law #2013-087 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICEin Straffordville on November 7, 2013 at 8:30 p.m. All notices of assessment appeal by anowner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the firstsitting of the Court.

(^t^^ s. u/3 S7^y^v<^^^Date of mailingCLERK

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THE CORPORATION OF THEMUNICIPALITY OF BAYHAM

BY-LAW NO 2013-093

BEING A BY-LAW TO AMEND SCHEDULE "E" TOBY-LAW 2012-125, A BY-LAW TO CHANGE ORASSIGN NAMES TO HIGHWAYS, STREETS ANDROADS IN THE MUNICIPALITY OF BAYHAM.

WHEREAS Sections 27 (1) and 48 ofthe Municipal Act 2001, S.O. 2001, c.25 permitsCouncils of local municipalities to pass by-laws in respect of a highway and a private road;

AND WHEREAS the Council of the Corporation of the Municipality ofBayham enactedand passed repealing By-law 2012-125 on December 6, 2012, (currently unregistered), By-law 99-16 on May 20, 1999 registered on June 30, 1999 in the Land Registry Office for fheRegistiy Division ofElgin (No. 1 1) as Instrument No. 394408; and enacted and passedamending By-law 2000-67 on September 7, 2000 registered on September 22, 2000 in theLand Registry Office for the Registry Division ofElgin (No. 1 1) as Instrument No. 403502;

AND WHEREAS the Council of the Municipality ofBayham recognizes that "HowardStreet" in Port Burwell is not a public road allowance but rather a private road;

AND WHEREAS the Council offhe Municipality ofBayham has been petitioned by thepublic to rename the said private road and has directed that the necessary steps be taken tochange the name from "Howard Street" to "Submariners Way";

AND WHEREAS the Council of the Corporation of the Municipality ofBayham desires toamend Schedule "E" to By-law 2012-125 to remove "Howard Street" as it is not a publicroad allowance, but rather a private road;

AND WHEREAS the Council of the Corporation of the Municipality ofBayham deems itnecessary to enact a by-law that will change the Howard Street name to Submariners Way;

THEREFORE THE COUNCIL OF THE CORPORATION OF THEMUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:

1. THAT Schedule "E" attached to By-law 2012-125 be hereby repealed and replacedby Schedule "E", attached hereto and forming part of this by-law.

2. THAT for municipal purposes, By-law No. 2012-125, as amended, including allmunicipal road names and referred to as "The Municipal Road Name By- law beregistered in the Land Registry Office for the Registry Division ofElgin, (No. 11).

3. THAT the name of the private road in Port Burwell known as Howard Street bechanged to Submariners Way.

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2 of 3

4. AND THAT this By-law shall be in full force and effect upon the date of itsenactinent.

READ A FIRST, SECOND AND THIRD TIME this 5th day of December 2013.

MAYOR CLERK

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3 of 3

SCHEDULE"E"TO BY-LAW NO. 2012-125

AS AMENDED BY BY-LAW 2013-093VILLAGE OF PORT BURWELL

NameAddison StreetBodsworth Lane

Bridge StreetBrock StreetBurwell StreetChatham Street

Cowper St'eetElizabeth StreetErieus Street

Fay StreetHagerman StreetHannah StreetHomer Street

Hurley LaneLibbye AvenueLibbye StreetMacNeil CourtMcCord LaneMilton Street

Newton StreetPitt StreetRobinson Street

Shakespeare StreetSouthey StreetStrachan Street

Tennyson StreetValley LaneVictoria StreetWaterloo Street

Wellington Sta-eetWilliam Street

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By-Law

2013-093     A B

y-Law to am

end Schedule "E" to by-Law...

Page 108 of 129

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-101

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DRAINAGE WORKS FOR THE CORINTHMUNICIPAL DRAIN BRANCH "B" IN THE MUNICIPALITY OF

BAYHAM PURSUANT TO PROVISIONS OF THE DRAINAGE ACT,CHAPTER D.17, R.S.0.1990 AS AMENDED.

WHEREAS the Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a contract on behalf of the Municipality,for the provision of drainage works of the Corinth Municipal Drain Branch "B" based onand in accordance with the terms and conditions of the tender accepted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for construction of theCorinth Municipal Drain Branch "B" in accordance with the Contract as prepared bySpriet Associates;

THEREFORE the Council of the Corporation of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for construction of the Corinth Municipal Drain Branch "B" inaccordance with the Contract attached hereto as Schedule "A" and forming part ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

READ A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5THDAY OF DECEMBER 2013.

Mayor

Clerk

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Page 1 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TENDERERS

COR1NTH DRAIN - BRANCH ' B'

MUNICIPALITY OF BAYHAM

1. Sealed tenders shall be received by the at the Municipal Offices on o^L''t?0R>£,C NU^^^ l£. 2.9 2ju<3<^(_£»St^C- £, 1'3_ 'PM

at Municipality of Bavham. 9344 Plank Road. Box 160. STRAFFORDVILLE. Ontario. NOJ 1YO

2. SPECIFICATIONS: The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following:

Contract DrawingsGeneral ConditionsOpen DrainTile DrainSpecifications for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE; The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. If required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 155 York Street, London, Ontario N6A 1A8.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and are provided for the convenience of the Tenderer. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy.

4. PRICES SUBMITTED: The tender price or prices tendered in the Tender shall be in full compensation for all labour,equipment and materials and utility and transportation services necessary to perform and complete all work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is theintention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which areclearly necessary for the completion of the work shall be considered part of the work, though not directly specifiedin the Tender Documents.

5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided. It shall be notsd that anyalteration of the "Form of Tender and Agreement", failure to complete the Form of Tsnder in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceof the Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderer shall keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value includedin the tender price. The bid deposit shall be in the form of a certified cheque payable to the Municipality. Thecheque dsposited by the unsuccessful Tenderers will be returned without delay.

7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until thecontract is completed and a completion certificate is issued by the Engineer. The successful Contractor shall havethe option of furnishing the Municipality with a Performance Bond to replace the bid deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of one year after thedate of the completion certificate.

8. TAXES: The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T.),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise provided by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T. in respect of the project.

9. INSURANCE; The successful Contractor shall be required to provide insurance in accordance with Section A.12 ofthe General Conditions, Insurance.

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO:Mayor and Council: MUNICIPALITY OF BAYHAM

RE: Construction of; CORINTH DRAIN - BRANCH 'Bf

The undersigned, having carefully examined the drawings, specifications and location of the work and understandingall conditions hereby offers to enter into a contract to construct the said work for the said Municipality, complete andready for use in accordance with drawings and specifications on file at the office of the Municipality or Engineer, whichdrawings and specifications form the basis of the proposal for the following prices;

To Wit:

COVERED PORTION

a) Supply of Materials $ m.q^.cob) Supply of Labour and Equipment $ qi'>o4^7cb>

Sub-Total $ \ll.G3l.,c^Plus H.S.T. 13% $ V7KM7Q3

TOTAL TENDER COVERED PORTIONs.!&2?5^

We understand that the Municipality may accept tenders for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The Tender shall enclose the following;

sv(a) A Certified cheque of $...i.).^T.^'5',..>.... representing the bid deposit as specified in the Information for Tenderers.(b) A Certificate of Clearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid,

The Tender shall also complete the following sectioo:

(a» If awarded the Contract, the Tender^agrees to^commence work on or after ...^.^&..-..^./,..?:C/^, and to fullycomplete the work on or before ....0.£.&.,..<?...,...S-P./..^>...........

(b) ^he ma^e^^r^i^tj3^ppo^ed^^s^i^^s^j>i^je^ ^^^^(0 If an excavator is fasted Jn_(b» above, it will be used to ^xcavpte the following sections of closed drain:

aU ^.f-.\\.Q^.....£xy....,.^\p.^.d....^^.r>.^.

(d) If any work is to be sub-let, list work and the proposed sub-contractor here:^\Ci....sub.^.<A

Provisional Items:

Contractor to be paid as follows on tributary drain connections that are not noted on drawings:

$ Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof prefabricated wyes or tees when required. (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

$ The connactions in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4") dia. and $10.00/m for150mm (6") dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITY

COMPANY NAME:....1[=('ji?. ^..^(:..C^^j.o,^...U(5/ MAYOR-J

ADDRESS;.. .$^>^2l.^.....^i.^k....^...- CLERK

S.\^f. l.^p,.^.i\\-fs...... »..&.^ DATE

L *

Signature:....:/??; DATE

(Seal if Incorporated) (Seal)

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Page 3 of 3Rsvised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213047 November 14, 2013

CORINTH DRAIN - BRANCH 'B' (CONSTRUCTION)

Installation of the following concrete field tile and H.D.P.E. sewer pipe including wrapping of tilejoints with geotextile and sand bedding for sewer pipe: ^ Oo'6ms> L.S.45 meters of 300mm(12") concrete tile .<3^ HQ ~L.S.48 meters of 300mm (12°) sewer pipe

Supply of above listed tile and boss 2000 type H.D.P.E. sewer pipe IA^JL^J-.S.Supply of 300mm wide geotextile for wrapping of tile joints (Approx. 50m required) Son.Qf) L.S.

Supply and install one 600mm x 600mm standard catchbasin and one 600mm x 600mm junction ^ 3UO)rC>OLQ.box

Salvage and reinstall existing precast catchbasin at new location ^ ). O^D L.S.

f~.Connection to existing catchbasin and main outlet drain ^<^ L.S.

Restore lawn area north of railway with existing and new topsoil and seeding SC?S^_LS..^Af^eJfcJ&nC^ T£S i|^(3,B©

NOTE: The Extent of Work is to be attached to the Tender Form.

COMPANY NAME: D^ ^cc.^ ^^-r\

ADDRESS: 5~^g-3^ l^+k S4 .

<;+r^fflrp(j;l^ QfY)

TELEPHONE NO: S^S ~ 3 0 ~S~^Lfc/ FAX NO: -$~ /"T - R^^_S:Oc?5

NOTE: This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary i in

conjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender thisproject. In case of any inconsistency or conflict between the drawings and this "Extent of Work", the drawings shalltake precedence over the "Extent of Work".

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-102

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DRAINAGE WORKS FOR THE NEW ENGLANDMUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAM

PURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTERD.17, R.S.0.1990 AS AMENDED.

WHEREAS the Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a conti'act on behalf of the Municipality,for the provision of drainage works of the New England Municipal Drain based on and inaccordance with the terms and conditions of the tender accepted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for construction of theNew England Municipal Drain in accordance with the Contract as prepared by SprietAssociates;

THEREFORE the Council of the Coq^oration of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for construction of the New England Municipal Drain inaccordance with the Contract attached hereto as Schedule "A" and forming part ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

THREAD A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5DAY OF DECEMBER 2013.

Mayor

Clerk

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Page 1 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TENDERERS

NEW ENGLAND DRAIN

MUNICIPALITY OF BAYHAM

1. Sealed tenders shall be received by the at the Municipal Offices on (Si'S-'GKFoC.it'-. Nt&y .2A// 3C-LOSC?CL. t2-P/-\

at Munjcipalitv of Bavham. 9344 Plank Road. Box 160. STRAFFORDVILLE. Ontario. NOJ 1YO

2. SPECIFICATIONS: The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following:

Contract DrawingsGeneral Conditions

Open DrainTile Drain

SpecificBtions for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE; The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. if required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 155 York Street, London, Ontario N6A 1A8.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and are provided for the convenience of the Tendersr. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy,

4. PRICES SUBIVHTTED: The tender price or prices tendered in the Tender shall be in full compensation for all labour,squipment and materials and utility and transportation services necessary to perform and complete all work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is theintention of the Drawings and SpecificBtions to provide finished work. Any items omitted therefrom which areclearly necessary for the completion of the work shall be considered part of the work, though not directly specifiedin the Tender Documents.

5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided. It shall be noted that anyalteration of the "Form of Tender and Agreement", failure to complete the Form of Tender in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceof the Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderer shall keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value includedin the tender price. The bid deposit shall be in the form of a certified cheque payable to the Municipality. Thecheque deposited by the unsuccessful Tenderers will be returned without delay,

7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until thecontract is completed and a completion certificate is issued by the Engineer. The successful Contractor shall havethe option of furnishing the Municipality with a Performance Bond to replace the bid deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of ons year after thedate of the completion certificate.

8. TAXES: The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T.),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise provided by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T. in respect of the project.

9. INSURANCE: The successful Contractor shall be required to provide insurance in accordance with Section A. 12 ofthe General Conditions, Insurance,

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO:Mayor and Council: MUNICIPALITf OF BAYHAM

RE: Construction of: NEW ENGLAND DRAIN

The undersigned, having carefully examined the drawings, specifications and location of the work and understandingail conditions hereby offers to enter into a contract to construct the said work for the said Municipality, complete andready for use in accordance with drawings and specifications on file at the office of the Municipality or Engineer, whichdrawings and specifications form the basis of the proposal for the following prices:

To Wit:

COVERED PORTION

a) Supply of Materials $ ^S-l^b) Supply of Labour and Equipment 'i^3

Sub-Total ^ A0Plus H.S.T. 13% $ ^f^^Q.SD

$_;a_L3_o^3TOTAL TENDER COVERED PORTION

We understand that the Municipality may accept tenders for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The Tender shall enclose the .following;r.P-?

(a) A Certified cheque of $..6^^.13>Q.. ..... representing the bid deposit as specified in the Information for Tenderers,(b) A Certificate of Clearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid,

The Tender shall also complete the following section:

(a) If awarded the Contract. the Tender_agrees to_cpmmence_work on or after .....l^£&..-../.^.<?0.l2> and to fullycomplete the work on or before .....^G;...3^..,:.aC.l2>

(b) The major equipment qroposed for y^e pn this project.eS^.^i^Z^.~b^W^:^Z'.^~^.b^<r.^V\c^.:is

(c) If an excavatorjsjistedinjb). above, ,it will ^ used to,exci?vate,the following sections of closed drain:^ ^c;V^^....c>F.;.:c\o^:.:;.^^c>s

(d) If any work is to be sub-let, list work and the proposed sub-contractor here:n.Q....'S^^:...U'^'

Provisional Items:

Contractor to be paid as follows on tributary drain connections that are not noted on drawings:

Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof prefabricated wyes or tees when required. (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

The connections in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4"} dia. and $ 10.00/m for150mm (6") dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITYA

COMPANY NAME:..^:0^...6/?..Cftrii^^...^^- MAYOR^ »

ADDRESS.....5'5'.^3.fc?....rA^...Si; CLERK

S^^d^\\.t.....,.^ DATEn

Sign..ur.:.....^k-. DATE*

t

(Seal if Incorporated) (Seal)

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Page 3 of 3Revised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213124 November 14, 2013

MAIN DRAIN CONSTRUCTION

One 6 meter length of 300mm dia., HDPE outlet pipe including rodent gateSupply I 90 00 L.S.Installation at tile outlet with quarry stone rip-rap protection around pipe andacross bank slope (Approx. 12cu.m. required) ROO.W LS.

T

Installation of the following HDPE sewer pipe (approx. 203 meters required)183 meters of 200mm dia. sewer pipe 2iSTO^L.S.

f~20 meters of 300mm dia. sewer pipe 6 00. £)^> L.S.

Supply of the above listed pipe l^LlsLte-LS.Supply and install five 600mm x 600mm standard catchbasins, and one 900x1200mm ditch S^zzM.s.inlet catchbasin including grates, berms, ditching, and rip-rap at the 900x1200mm basin

Clearing and Grubbing 3~^.C^ L.S.

Remove and Dispose of Existing Materials 4 dp.00 LS.Install seeding on bank £^3^&_LS.

Install Concrete Collar on Pipe H10^^_L.S.

NOTE: The Extent of Work is to be attached to the Tender Form.

COMPANY NAME:'^T^f'y ^.)C(GJC.^iQr\ L-\cl+

ADDRESS: ^^'3>G:. T^-W^ ^V.

^tr(~,- )rotiA'l^ . ffe^TELEPHONE NO:^i'^0 -S^i FAX NO: £^L_i^_^^>3

NOTE: This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary inconjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender thisproject. In case of any inconsistency or conflict between the drawings and this "Extent of Work", the drawings shalltake precedence over the "Extent of Work".

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THE CORPORATION OF THE MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-103

BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TOEXECUTE AN AGREEMENT WITH FROESE EXCAVATING LTD. FORTHE PROVISION OF DRAINAGE WORKS FOR THE CALTON

(PHILLIPS) MUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAMPURSUANT TO PROVISIONS OF THE DRAINAGE ACT, CHAPTERD.17, R.S.0.1990 AS AMENDED.

WHEREAS the Council of the Municipality ofBayham deems it expedient to authorizethe Mayor and Clerk to enter into and execute a contract on behalf of the Municipality,for the provision of drainage works of the Calton (Phillips) Municipal Drain based on andin accordance with the terms and conditions of the tender accqsted;

AND WHEREAS the Corporation of the Municipality ofBayham (the "Municipality")desires to enter into an agreement with Froese Excavating Ltd. for const'uction of theCalton (Phillips) Municipal Drain in accordance with the Contract as prepared by SprietAssociates;

THEREFORE the Council of the Corporation of the Municipality ofBayham enacts asfollows:

1. THAT the Municipality enter into and execute an agreement with FroeseExcavating Ltd. for construction of the Calton (Phillips) Municipal Drain inaccordance with the Contract attached hereto as Schedule "A" and forming part ofthis By-Law;

2. THAT the Mayor and the Clerk of the Municipality are hereby authorized anddirected on behalf of the Municipality to execute all documents as may berequired to give effect to these presents.

3. THAT this by-law shall come into full force and effect upon final passing.

THREAD A FIRST SECOND AND THIRD TIME AND FINALLY PASSED THIS 5DAY OF DECEMBER 2013.

Mayor

Clerk

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Page of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

INSTRUCTIONS TO TENDERERS

PHILLIPS DRAIN (CALTON1

MUNICIPALITY OF BAYHAM

1. Sealed tenders shall be received by the at the Municipal Offices on o'e. 'SV.f^Si. NGU '2-(? ('7CAJO^-CTCL 1/LP^\

at Municipality of Bavham. 9344 Plank Road. Box 160. STRAFFORDVILLE. Ontario. NOJ 1YQ

2. SPECIFICATIONS; The drain shall be constructed in accordance with the Contract Drawings and Specifications forConstruction of Municipal Drainage Works, dated January, 2009, consisting of the following:

Contract DrawingsGeneral Conditions

Open DrainTile Drain

Specifications for Municipal Drains Crossing County RoadsStandard Drawings

3. TENDERER TO INVESTIGATE: The Tenderer shall examine the premises and site to compare them with thedrawings and specifications in order to satisfy himself of the existing conditions and the extent of the work to bedone before submission of his tender. No allowance shall subsequently be made on behalf of the Contractor byreason of any error on his part. If required, the above specifications and/or further information are available at theoffice of the Engineers, Spriet Associates London Limited, 155 York Street, London, Ontario N6A 1A8.

Any estimates of quantities shown or indicated on the drawings or extent of work or in the report of "neat"calculations and are provided for the convenience of the Tenderer. Any use made of these quantities by theTenderer in calculating his tender shall be done at his own risk. The Tenderer, for his own protection, should checkthese quantities for accuracy.

4. PRICES SUBMITTED: The tender price or prices tendered in the Tender shall be in full compensation for all labour,equipment and materials and utility and transportation services necessary to perform and complete all work under theContract, including all miscellaneous work, whether specifically included in the Tender Documents or not. It is theintention of the Drawings and Specifications to provide finished work. Any items omitted therefrom which areclearly necessary for the completion of the work shall be considered part of the work, though not directly specifiedin the Tender Documents.

5. ACCEPTANCE: Tenders shall be made on a lump sum basis on the forms provided. It shall be noted that anyalteration of the "Form of Tender and Agreement", failure to complete the Form of Tender in full or any otherrequirements set out in these documents, will render the tender liable to rejection by the Municipality. Acceptanceof the Tender by the Municipality shall constitute a formal and binding contract when signed by the MunicipalOfficials.

The Tenderer shall keep his Tender open for acceptance and irrevocable until 45 days have elapsed from the closingdate of the Tender or a formal contract is executed, based on a Tender other than his own.

6. TENDER SECURITY: A bid deposit is required as tender security and shall equal the sum of 10% of the value includedin the tender price. The bid deposit shall be in the form of a certified cheque payable to the Municipality. Thechsque depositad by the unsuccessful Tenderers will be returned without delay.

7. CONTRACT SECURITY: The bid deposit of the successful Tender shall be retained by the Municipality until thecontract is completed and a completion certificate is issued by the Engineer. The successful Contractor shall havethe option of furnishing the Municipality with a Performance Bond to replace the bid deposit as outlined. ThePerformance Bond shall ensure completion of the work and maintenance of the work for a period of one year after thedate of the completion certificate.

8. TAXES: The total contract price shall be inclusive of all applicable taxes, including Harmonized Sales Tax (H.S.T.),custom duties and excise taxes applicable with respect to the contract, and shall be paid by the Contractor unlessotherwise provided by statute. The estimated amount of H.S.T. must be disclosed separately on the Form ofTender. The Municipality will pay the Contractor all amounts of the H.S.T. in respect of the project,

9. INSURANCE: The successful Contractor shall be required to provide insurance in accordance with Section A.12 ofthe General Conditions, Insurance.

*

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Page 2 of 3Revised November, 2011

FORM OF TENDER AND AGREEMENT

FORM OF TENDER

TO: Mayor and Council: MUNICIPALITY OF BAYHAM

RE: Construction of; PHILLIPS DRAIN (CALTONtr

The undersigned, having carefully examined the drawings, specifications and location of the work and understanding^a^f'^'^ [lrlte^-L^f^ t^i^1!f/fl^^ ^^tL^?f(?^i1^tIU^! ^ ^a!^^v^-,!OLt^-.s^cl.-I^rl^ - ^_ _. - . .lje-^Lf^L?!B,'n-ac(^rd?nce with dlrawm9s and specifications on file at the office of the Municipality or Engineer, whichdrawings and specifications form the basis of the proposal for the following prices:

To .Wit:+

COVERED PORTION

a) Supply of Materials ! ^!(A^b) Supply of Labour and Equipment $6, 6*88-5'^

Sub-Total $ 13.80^20H:S-T.13% inq'4.04Plus

TOTAL TENDER COVERED PORTION $U^fcp^

We understand that the Municipality may accept tenders for the complete works or a portion thereof as set outabove and that the lowest or any tender may not necessarily be accepted.

The^ Tender shall enclose the following:

(a) A Certified cheque of $...li.^.?.f,?........ representing the bid deposit as specified in the Information for Tenderers.(b) A Certificate of Clearance from the Workplace Safety and Insurance Board stating that all compensation has been

paid.

The Tender shall also complete the following section:

(a) If awarded the Contract, the Tender agrees to commence work on or after .....C>.£-C.<J,P.,^.Q.(.^ and to fullycomplete the work on or before .....0.&C,....l3^....,SkO.I~S>,

(b) The major equipment proposed for use ,on this project^.c.^v.^fe,c.,......bt.(^-\\.<A.p..^ris

>

(c) lf an exca^^ is^s^^^^b^ve^ it^^1 ^e^s^^^cav^^h^f^ow^(d) If any work is to be sub-let, list work and the propossd sub-contractor here:

m m »..* thiii^h,. .,, ,.l.,^,W^n >i^T-fiV»»D-,lK-f,1,,,, ..<>*i*-H->»n»nmt>i*i-*,,....,.,,i»,,,n,»,iin,»..,^.,,,,,,,,n,.,,..,,.,,^m,...,..,..^,

Provisional Items:

Contractor to be paid as follows on tributary drain connections that are not noted on drawings:

$ Where existing tile is connected to new drain, then the price per connection shall be $50.00 plus material costof pre-fabricated wyes or tees when required, (The $50.00 includes supply of up to a 3m length of tile, or tubing tomake connections).

$ The connections in excess of 3m shall be paid for at the rate of $8.00/m for 100mm (4") dia. and $10.00/m for150mm (6") dia. All the above prices include the supply of materials.

OFFERED ON BEHALF OF THE CONTRACTOR ACCEPTED ON BEHALF OF THE MUNICIPALITY

COMPANY NAME:...Frr&?^....^.t<-.C'5.^A.C\^. ^-^- MAYOR^-J

ADDRESS:...S:^3.fe....El.£-^...^f... CLERK

Sto.tW.^..,,^..................,.,,,.... ^.^.f

A.k ^^.Signature:.......^.&'../^<lr.^^Ifrrt.^r^................... DATE

»

/

(Seal if Incorporated) (Seal)

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Pags 3 of 3Revised November, 2011

EXTENT OF WORK

FORM OF TENDER AND AGREEMENT

Municipality of Bayham

Our Job No. 213137 November 14, 2013

MAIN AND BRANCH DRAIN - CLOSED PORTION (CONSTRUCTION)

Supply and install 25 meters of 200mm dia. fused H.D.P.E. outlet pipe, including quarry stonerip-rap outlet protection on filter cloth (Approx. 3ms rip-rap) '^ LS.

Jt

Supply and install 202 meters of 200mm dia. H.D.P.E. sewer pipe (Boss 2000) h^oo LS.

Supply and install 70 meters of 150mm dia. H.D.P.E. sewer pipe (Boss 2000) L-ct-£fc_L.S.Supply and install two (2) 600mm x 600mm standard catchbasins complete oL-y^o LS.Supply and install one (1) 600mm x 600mm junction box with concrete lid (,0'75~ L.S.Supply and install two (2) 100mm dia. H.D.P.E. stubs 4 meters long including tees, caps and wood 3AO LS.marker stake

NOTE: The Extent ofWork is to be attached to the Tender Form.

F'roe^-e ^yc^\/c^{COMPANY NAME: I r~<4 ^1.T

k.-J

ADDRESS; 55-&^fo F-^4^ Sl ^

S -hr^-C-T-Ot-d^i |\^ ; 0(0TELEPHONENO: ^~f^~^0- 5~SL^ / FAX NO: <T/ 7" <S'G? fc -S^30^>

NOTE: This "Extent of Work" form has been prepared for the convenience of the Contractor and he is to use this summary inconjunction with the plan and profile, tender form and standard specifications available from the Clerk to tender thisproject. In case of any inconsistency or conflict between the drawings and this "Extent of Work", the drawings shalltake precedence over the "Extent of Work".

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THE CORPORATION OF THE

MUNICIPALITY OF BAYHAM

BY-LAW NO. 2013-104

A BY-LAW TO CONFIRM ALL ACTIONS OFTHE COUNCIL OF THE CORPORATION OFTHE MUNICIPALITY OF BAYHAM FOR THE

REGULAR MEETING HELD DECEMBER 5, 2013

WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powersof a municipal corporation are to be exercised by the Council of the municipality;

AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are tobe exercised by by-law;

AND WHEREAS the Council of the Corporation of the Municipality ofKBayham deems itadvisable that the proceedings of the meeting be confirmed and adopted by by-law.

THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITYOF BAYHAM ENACTS AS FOLLOWS:

1. THAT the actions of the Council of the Corporation of the Municipality ofBayham inrespect of each recommendation and each motion and resolution passed and otheraction by the Council at the regular meeting held December 5, 2013 is hereby adoptedand confirmed as if all proceedings were expressly embodied in this by-law.

2. THAT the Mayor and Clerk of the Corporation of the Municipality ofBayham arehereby authorized and directed to do all things necessary to give effect to the action of theCouncil including executing all documents and affixing the Corporate Seal.

thREAD A FIRST, SECOND AND THIRD TIME and finally passed this 5"1 day ofDecember 2013.

MAYOR CLERK

By-Law 2013-104      By-Law to confirm all actions of Counci... Page 129 of 129