Addendum – July 8, 2010 - Page 1

DUFFERIN COUNTY COUNCIL ADDENDUM

Thursday, July 8, 2010

7:00 p.m. 4. PRESENTATIONS, DELEGATIONS AND PROCLAMATIONS

4.2 Presentation: Ms. Sally Slumski, BDO Dunwoody re: 2009 Financial Statements for the County of Dufferin.

THAT the financial statements of the County of Dufferin for the year ended December 31, 2009, as presented by BDO Dunwoody, be received.

6. PRESENTATION AND CONSIDERATION OF REPORTS

6.7 Chief Building Official Report – Tender for Courthouse Addition

A report from the Chief Building Official dated July 8, 2010 with respect to the Tender for the Courthouse Addition. THAT, the report on the POA/Courthouse tender be received; AND THAT the tender AD-10-02 POA/Courthouse Expansion be awarded to the low bidder, Bertram Construction & Design in the amount of $8,607,900 plus applicable taxes, with financing as discussed in prior year budgets; AND THAT the Warden and Clerk be authorized to sign the necessary agreements and documents relating to this project.

6.9 Director of Public Works Report – Giant Hogweed as a Local

Weed A report from the Director of Public Works dated July 8, 2010 to recommend the passing of a bylaw to add giant Hogweed as a local weed under the Weed Control Act THAT Report PW-10-18, Giant Hogweed as a Local Weed , from the Director of Public Works dated July 8, 2010 be received; AND THAT the attached bylaw be presented to County Council for consideration.

Listed on the agenda

Listed on the agenda

Not listed on the agenda

10. BY-LAWS

Not listed on the agenda

2010-34 A by-law to designate Giant Hogweed as a

noxious weed in the County of Dufferin. (Authorization: County Council - July 8, 2010)

Addendum – July 8, 2010 - Page 2

THE CORPORATION OF THE COUNTY OF DUFFERIN

REPORT TO

COUNTY COUNCIL

To: Warden Taylor and Members of County Council From: Michael Giles, Chief Building Official ; Alan Selby, Treasurer Date: July 8, 2010 Subject: Tender for Courthouse Addition Purpose To present the results of the tender bids received for the POA/Courthouse addition. Background & Discussion

Potential bidders were pre-qualified earlier in 2010. The project has been discussed at length with Council multiple times, and involves construction of additional courtroom space, a sally-port with a tunnel for prisoner transport, as well as some new space for County staff, some of whom are currently based in the 53 Zina Street building and others currently in the 51 Zina Street courthouse building. Bids were opened publicly on June 24th at 2 p.m. in the J.C. Reid Room. Attending on behalf of the County were CBO/Acting-CAO M. Giles, Treasurer A. Selby, Councillor L. Haddock and Facilities Manager S. Piercey. Representatives of all seven bidders were also present. Bids were opened by Councillor Haddock and bid prices before taxes were read aloud, as shown in the chart below:

Bidder Name Location Bid Price before taxes Elite Construction Concord, ON $ 9,300,000

M. J. Dixon Construction Mississauga, ON $ 9,433,000

Bertram Construction & Design Barrie, ON $ 8,607,900

Aquicon Construction Brampton, ON $ 9,085,000

Al Langman Construction 1998 Orillia, ON $ 9,946,600

Tambro Construction Guelph, ON $ 9,747,000

Amico Design Build Inc. Oldcastle, ON $ 9,472,000

POA / Courthouse tender Page 2

All bids were compliant with the terms and requirements stated in tender AD-10-02. Financial Impact

This project will be financed through a combination of infrastructure grants, County tax revenue raised in prior years, and some long-term borrowing. Calculations have been completed by County treasury staff to estimate the impact on future year budgets. Several variables exist within the calculations, such as the chosen term of borrowing, and future interest rate changes, however the calculations show the project can be managed with only a modest impact to the future taxation levels of the County. The project will be a capital asset, and its cost will be amortized over future years, as required by generally accepted accounting principles. Calculations of the County’s borrowing limits also were done, and they show that the County can accommodate new debt for both the current housing project, as well as this POA/courthouse project, and still have excess borrowing capacity available, even within the County’s internally-set debt limits, which are stricter than the debt limits set by the Province of Ontario. Recommendation: THAT, the report on the POA/Courthouse tender be received; AND THAT the tender AD-10-02 POA/Courthouse Expansion be awarded to the low bidder, Bertram Construction & Design in the amount of $8,607,900 plus applicable taxes, with financing as discussed in prior year budgets; AND THAT the Warden and Clerk be authorized to sign the necessary agreements and documents relating to this project.

THE CORPORATION OF THE COUNTY OF DUFFERIN

REPORT PW-10-18

TO COUNCIL To: Warden Taylor and Members of County Council From: Trevor D. Lewis, P.Eng. Director of Public Works Date: July 8, 2010 Subject: Giant Hogweed as a Local Weed Purpose The purpose of this report is to recommend the passing of a bylaw to add Giant Hogweed as a local weed under the Weed Control Act. Background & Discussion Staff at both the County and the local municipalities have been receiving numerous calls about giant hogweed. The plant is not currently on the list of weeds controlled by the Weed Control Act as it is not an issue for agriculture. Section 10 of the Weed Control Act allows for the passing of a bylaw to designate as a local weed any plant that is not a noxious weed. The wording in the act is as follows:

“Designation of weeds 10. (1) A council of an upper-tier or single-tier municipality that

has appointed an area weed inspector or a council of a local municipality that has appointed a municipal weed inspector may by by-law designate as a local weed any plant that is not a noxious weed. 2002, c. 17, Sched. F, Table.

Effect of designation (2) The by-law may apply in respect of the whole or any part of

the municipality and, for the purposes of this Act, the plant that is designated shall be deemed to be a noxious weed within the area to which the by-law applies. R.S.O. 1990, c. W.5, s. 10 (2).

Approval of by-laws (3) The by-law does not take effect until it is approved by the

Minister. R.S.O. 1990, c. W.5, s. 10 (3).”

Report PW-10-18 Page 2 of 3 Giant Hogweed as a Local Weed Contact with the plant can be a human health issue. From OntarioWeeds.com :

“Giant hogweed can be a serious health hazard for humans. Its watery, clear sap contains photosensitizing compounds (furanocoumarins), which, when in contact with human skin and in combination with UV radiation, can cause burning. Content varies depending on plant part, but contact should be avoided at all times. The reaction of the skin depends on individual sensitivity. After 24hrs, reddening and swelling of the skin can be noticed, which is followed by an inflammatory reaction after 3 days. Depending on individual sensitivity, effects can last for months and skin can remain sensitive to UV light for years.”

Staff have been in touch with the Chief Provincial Weed Inspector and he was able to provide some detail that will be of assistance to us. While the Weed Control Act can be “amended” under section 10, it is useful where there is an issue with agriculture, i.e. not built-up areas. The Chief Inspector would be able to support a Dufferin bylaw (same as Wellington example). Urbanized areas need a property standards bylaw that controls weeds.

In Dufferin, the following municipalities have property standards bylaws that include weeds/noxious weeds:

Municipality  Bylaw SectionELGV  3.1 Melancthon 2.1 a (Health Hazard) Mono  Part III 5Mulmur  4.01 ( c )Orangeville  3.2.1.4Shelburne  3 (1) (b)

 Once the bylaw receives third reading, it will need to be sent to the Chief Weed Inspector (on behalf of the Minister) for approval. Local Municipal Impact By passing the bylaw, the weed inspectors can enforce the eradication of Giant Hogweed in rural areas and urban areas can enforce the removal as part of their Property Standards Bylaws.

Report PW-10-18 Page 3 of 3 Giant Hogweed as a Local Weed Financial Impact As with all bylaw enforcement, there is a cost associated with it. The Public Works Department has included funds in the operating budget for weed control on County Roads. Recommendation THAT Report PW-10-18, Giant Hogweed as a Local Weed , from the Director of Public Works dated July 8, 2010 be received; AND THAT the attached bylaw be presented to County Council for consideration. Respectfully submitted by Original signed by, Trevor D. Lewis, P. Eng. Director of Public Works and County Engineer

CORPORATION OF THE COUNTY OF DUFFERIN

BY-LAW 2010-34

A BY-LAW TO DESIGNATE GIANT HOGWEED AS A NOXIOUS WEED INTHE COUNTY OF DUFFERIN.

WHEREAS the Weed Control Act, R.S.O. 1990, Chapter W.5 authorized the Council of the Corporation of the County of Dufferin to designate any plant that is not a noxious weed as a local weed in respect of the whole or any part of the municipality;

AND WHEREAS any plants designated as local weeds shall be deemed to be noxious weeds;

AND WHEREAS the Council of the Corporation of the County of Dufferin has compiled with Section 10 of the Act;

NOW THEREFORE the Council of the Corporation of the County of Dufferin enacts as follows:

1. That the following weed be and it is hereby designated as a local weed in the whole of the County of Dufferin:

Common Name Scientific Name

Giant Hogweed Heracleum Mantegazzianum

2. That any by-law inconsistent with or repugnant to this by-law is hereby repealed.

3. That this by-law shall not come into effect until it has been approved by the Chief Weed Inspector on behalf of the Minister of Agriculture, Food and Rural Affairs.

READ a first, second and third time and finally passed this 8th day of July, 2010. Allen Taylor, Warden Pam Hillock, Clerk