SARNIA CITY COUNCIL
October 29, 2012 4:00 p.m. COUNCIL CHAMBERS, CITY HALL SARNIA, ONTARIO
AGENDA Page
THERE IS NO CLOSED MEETING
"O CANADA"
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof
PRESENTATION
9-26 1. Communities In Bloom 2012 Award Presentation
RESOLUTIONS:
Moved by Councillor Kelch, seconded by Councillor Burrell
CORRESPONDENCE
27-29 1. Director of Finance, dated October 19, 2012, regarding RFP #12119 Proposal to Provide Financial Audit Services Appointment of City Auditors
That Sarnia City Council appoints the firm of BDO Canada LLP as the City’s auditors for a period of five years including the fiscal year ends 2012 to 2016 31-33 2. City Solicitor/Clerk, dated October 18, 2012, regarding Tender 1210 Roof Replacement – Sarnia Public Library
That the low tender received by Bullock & Sons Roofing, A Division of 469135 Ont. Ltd. in the amount of $137,408.00 be accepted and that the Mayor and
Page 1 of 270 Page
CORRESPONDENCE
Clerk be authorized to sign the necessary agreements. 35-37 3. City Engineer, dated October 1, 2012, regarding City of Sarnia and County of Lambton Road Maintenance Agreement (see bylaw #8)
That City Council pass a bylaw authorizing the Mayor and Clerk to execute an amendment to the agreement with the County of Lambton for the maintenance of some County roads within the City limits. 39-41 4. Director of Parks & Recreation, dated October 23, 2012, regarding Beverage (Soft Drinks) Contract – Arenas
That Council accept the Proposal for Beverages (soft drinks) – Arenas from PepsiCo Beverages Canada for an eight year period with payments as noted in the contract subject to achieving sales projections;
That the Mayor and Clerk be authorized to sign the contract with PepsiCo Beverages Canada. 43-64 5. Accessibility Coordinator, dated October 18, 2012, regarding City of Sarnia Integrated Accessibility Standards
That Council accept the Integrated Standard Accessibility policy, including purchasing policy amendments.
That Council accept the multiyear Municipal Accessibility Plan. 65-67 6. Centennial Celebration Chair, dated October 23, 2012, regarding Centennial Celebration Logo
That Sarnia City Council approve the logo for the Centennial Celebration.
NOTICE OF MOTION
69 1. Councillor Foubister Toboggan Hill at Woodstone Park
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NOTICE OF MOTION
That staff be directed to report back on the feasibility and estimated costs for the creation of a Toboggan Hill at Woodstone Park.
MINUTES
71-72 Minutes of September 24, 2012 Corporate Priorities/Strategic Planning 73-79 Minutes of October 1, 2012 Regular Meeting
INQUIRIES, INFORMATION AND URGENT MATTERS
ROUTINE APPROVALS, ACTION AND INFORMATION
81-84 A. Director of Finance, dated October 18, 2012, regarding 2013 Budget – Interest on Bluewater Power Promissory Note
For Information 85-92 B. City Solicitor/Clerk, dated October 23, 2012, regarding Boards and Committees of Council
For Information 93-94 C. Director of Finance, dated October 18, 2012, regarding 469 Confederation Street – Municipal Tax Sale Extension Agreement (see bylaw #2)
That Sarnia City Council authorize an Extension Agreement between The Corporation of the City of Sarnia and Darlene Michelle Whetham with respect to the property at 469 Confederation Street, Sarnia; and
That Sarnia City Council authorize the Mayor and City Solicitor/Clerk to execute such Agreement. 95-96 D. City Solicitor/Clerk, dated October 12, 2012, regarding Façade Loan Postponement 132136 Front Street North and 138140 Cromwell Street (see bylaws #3 & #4)
That Sarnia City Council ratify and confirm the execution of a postponement of interest in relation to
Page 3 of 270 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
the Façade Loans for 132136 Front Street North and 138140 Cromwell Street, Sarnia in favour of CIBC Mortgages Inc. 97 E. City Engineer, dated October 22, 2012, regarding IRS Landfill – MOE Site Closure Offsite works Update
For Information 99-101 F. City Solicitor/Clerk, dated September 26, 2012, regarding Dedicating Land as part of London Road and as part of East Street (see bylaw #5)
That Sarnia City Council dedicate Part 1 on Reference Plan 25R9913 as public highway. 103-104 G. City Solicitor/Clerk, dated October 22, 2012, regarding Strangway Centre Bequest – Mary Jane Boyes
For Information 105-113 H. City Solicitor/Clerk, dated October 23, 2012, regarding Sharing of Services
For Information 115-116 I. Director of Economic Development and Corporate Planning, dated October 22, 2012, regarding Sarnia 402 Business Park & Easement to Cogeco Cable Canada GP Inc. (see bylaw #6)
That the Mayor and Clerk be authorized to execute an Easement Agreement Between the Corporation of the City of Sarnia and Cogeco Cable Canada GP Inc. 117-120 J. Director of Finance, dated October 19, 2012, regarding Funding of Amortization and Other Estimated Expenses for 2013
That Council, receive and file the 2013 budget reconciliation with respect to the impact of amortization, postemployment benefits expense and solidwaste landfill closure and postclosure expenses. 121-122 K. City Engineer, dated October 29, 2012, regarding WPCC – Purchase of Spare Equipment for the UV Disinfection System
Page 4 of 270 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
For Information 123-134 L. City Solicitor/Clerk, dated October 18, 2012, regarding 356/357/358 Tax Appeal Court
That Sarnia City Council adopt the recommendations of the Tax Appeal Committee for the October 18, 2012 Tax Appeal Court. 135-183 M. City Solicitor/Clerk, dated October 22, 2012, regarding County SmokeFree Open Spaces ByLaw
For Information 185-187 N. City Solicitor/Clerk, dated October 23, 2012, regarding Kathleen Avenue Partial Lane Closure and Sale to Adjacent Owner (see bylaw #7)
That Sarnia City Council authorize the stopping up and closing of a portion of a laneway on Plan 71 at the rear of 177 Kathleen Avenue, Sarnia.
That Sarnia City Council declare that portion of the laneway at the rear of 177 Kathleen Avenue as surplus.
That Sarnia City Council authorize the sale of that portion of the laneway at the rear of 177 Kathleen Avenue to the owners of 177 Kathleen Avenue for $1.00. 189 O. City Solicitor/Clerk, dated October 22, 2012, regarding Parking Restrictions on Lakeshore Road
For Information 191-192 P. Director of Parks & Recreation, dated October 17, 2012, regarding Sarnia Bay Marina Fish Cleaning Station
For Information 193-195 Q. Ministry of Health and Long Term Care, dated October 3, 2012, regarding Home First Programme
For Information
Page 5 of 270 Page
ROUTINE APPROVALS, ACTION AND INFORMATION
197 R. Director of Transit, dated October 23, 2012, regarding Transit Ridership: Overcapacity on Bus Routes
For Information 199-220 S. Robyn Hamlyn, dated October 25, 2012, regarding Blue Communities Resolutions
For Council's Consideration
CIVIC REPORTS
221 1. Raffle Report September 2012 223-224 2. Plumbing Report September 2012 225-227 3. Building Report September 2012
BY-LAWS
229-231 1. For 1st, 2nd and 3rd A ByLaw to Confirm the Proceedings of Readings: Council at its meeting held on October 29, 2012 233-240 2. For 1st, 2nd and 3rd A ByLaw to Authorize an Agreementwith Readings: Darlene Michelle Whetham (Re: 469 Confederation Street – Extension Agreement) (see Agenda Info Item C) 241-244 3. For 1st, 2nd and 3rd A ByLaw to Ratify and Confirm an Readings: Agreement with CIBC Mortgages Inc. Re: 132136 Front Street North – Postponement (see Agenda Info Item D) 245-248 4. For 1st, 2nd and 3rd A ByLaw to Ratify and Confirm an Readings: Agreement with CIBC Mortgages Inc. Re: 138140 Cromwell Street – Postponement (see Agenda Info Item D) 249-251 5. For 1st, 2nd and 3rd A ByLaw to Dedicate Land as part of Readings: London Road and as part of East Street in the City of Sarnia Re: Part 1 on Reference Plan 25R9913 (see Agenda Info Item F) 253-258 6. For 1st, 2nd and 3rd A ByLaw to Authorize an Agreement with Readings: Cogeco Cable Canada GP Inc. (Re: Sarnia 402 Business Park) (see Agenda Info Item J)
Page 6 of 270 Page
BY-LAWS
259-263 7. For 1st, 2nd and 3rd A ByLaw to Stop Up, Close and Sell part Readings: of a Lane at the rear of 177 Kathleen Avenue in the City of Sarnia Re: 177 Kathleen Avenue, Sarnia (see Agenda Info Item N) 265-270 8. For 1st, 2nd and 3rd A ByLaw to Authorize an Agreement with Readings: The Corporation of the County of Lambton Re: Amendments to the Road Maintenance Agreement (see Correspondence#3)
ADJOURNMENT
Page 7 of 270 Page 8 of 270 Presentation #1 October 29, 2012
Evaluation Form
Sarnia, Ontario
Page 9 of 270 Presentation #1 October 29, 2012
Page 10 of 270 Presentation #1 October 29, 2012
2012 Evaluation form
Community: Sarnia
Province: Ontario
Category: Over 50,001
The evaluation is based on 8 criteria, divided into the 6 foiiowing sections, assessing 4 sectors of the community:
Tidiness 132.00 I 150.00 Environmental Action 131.50 I 150.00 Heritage Conservation 129.00 I 150.00 Urban Forestry 152.50 I 175.00 landscape (including Turf & Groundcovers} 171.50 I 200.00 Floral Displays 157.00 I 175.00 * Community Involvement is included in each of these sections Total 873.50 I 1000.00
Percentage : 87%
Bloom rating: 5 blooms
Bloom rating: Up to 55%: 1 bloom. 56% to 63%: 2 blooms. 64% to 72%: 3 blooms 73% to 81%: 4 blooms. >82%: 5 blooms.
Mention: "One Plant" and "One Tomato" Gardens
Representative (s) of
Name: ------Anne Marie Gillis Function :
Name: Patti Ross Function: Arborist
Name: Function:
Richard Jack Clasen
Page 11 of 270 Presentation #1 October 29, 2012
IMPORTANT NOTES:
Evaluation is adjusted to the climate and environmental conditions of the community. Some aspects of the evaluation might not be applicable: scoring will be prorated. The score will vary from the previous year based on the facts that the evaluation form is subject to modifications each year and that the evaluation is based on the perception of the current judges.
SECTORS OF EVALUATION
Municipal: Municipal properties, parks and green spaces, streets, streetscapes Properties owned and run by municipality such as Museums, historical sites
Business and Institutions:
Properties owned and managed by
Business : commercial sector, shopping centres, commercial streets, industrial parks, manufacturing plants Institutions : schools, universities, churches, hospitals, service and community organization buildings (YMCA, Legion), private museums, Canada Post Tourism bureaus, Chamber of Commerce offices Farms : in rural communities, farms can be considered in this section
Residential:
Citizens and Citizen groups acting within their own properties Residential property owners, rate payer groups
Community Involvement:
The principle of community involvement is so fundamental to the program that it deserves to be evaluated in each of the sections of evaluation. Community Involvement will continue to be a of the awards ceremony Individuals & Service and citizen groups- all contributing to various aspects of community imr>rn,,P> Organized dubs such as horticultural societies, garden dubs, community associations Social clubs such as Rotary, Lions, Optimist Participation (financial and/or in-kind or employee participation) by the Municipality, Businesses and Institutions.
Page 12 of 270 Presentation #1 October 29, 2012
2012 Evaluation Form
GENERAL COMMENTS AND SUGGESTIONS
Sarnia has a long industrial history dating back to the discovery of oil in nearby Petrolia and Oil City. The city is making great strides in redefining itself and a green and attractive place to live, work, and play.
The energy of the people is evident as the city revitalizes the downtown area with fa~ade improvements and a new Art Gallery set to open in the near future. Residents are moving into downtown as new restaurants and shops attract young who want a lifestyle that features nearby amenities. The beautiful plantings in Centennial Park are very dose to the main street and offer a great combination of city living and a refreshing natural setting. Few cities have this wonderful combination of residences, gardens and the river so close together. Would it be possible to divert some of the money available for the Fo~ode Improvement Program to building owners who convert second and third story units into apartments or condos?
The municipal staff members in charge of the floral displays and the urban forestry programs are doing an excellent job. The Emerald Ash Borer has arrived and unfortunately has required the diversion of funds to remove dead trees. Planting a tree in Centennial Park was a great way to begin the tour of Sarnia!
The city is approaching its 100th Anniversary in 2014. There is a lot to celebrate and we wish you tremendous success in the future.
The Judges would like to thank everyone for their hospitality and for showing us the many wonderful sites throughout your beautiful town. Thank you for participating in Communities in Bloom!
Jock Clasen & Richard Daigneault
Page 13 of 270 Presentation #1 October 29, 2012
TIDINESS
Tidiness includes an overall tidiness effort made by the municipality, businesses, institutions, and residents of the community. Elements for evaluation are green spaces (parks, etc.), medians, boulevards, sidewalks, streets, municipal, commercial, institutional and residential properties, ditches, road shoulders, vacant lots and buildings and signage, with regard to weeds, maintenance and repair, litter clean-up (including cigarette butts and gum), graffiti and vandalism.
Tidiness, order, cleanliness and first impressions 15 13.5 Community anti-litter awareness programs 5 3.5 Effective bylaws & policies and enforcement; for litter control, graffiti prevention including 10 8.5 notices & Cleanliness of public green infrastructure: parks, streetscapes (sidewalks, planters, etc.) 15 13.5 Cleanliness of urban signage and furniture such as benches, litter and recycling containers 15 14
Support- financial and/or in-kind or participation by the Municipality, Businesses and Institutions for community clean-up programs Tidiness Total
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2012 Evaluation Form
TIDINESS
Observations:
Graffiti is an issue, but the town is making a good effort to combat the problem.
The 'Random Acts of Art' program allows kids to paint the skate park.
Pointlands and Centennial Parks have doggie bag dispensers at the entrance to the parks. The poop and scoop by-law is working well.
Community Living Sarnia-Lambton clients keep the downtown litter free. Vacant lots were well maintained and litter was rarely seen throughout town.
The Sarnia Environmental Advisory Committee provides containers for local events, while the Green Belt Task Force encourages clean-ups of the Rt 402 Green Belt area. The Horticulture Society has weekly clean-ups of the College Park Garden and the Energy Exchange participates in cleanups in the downtown area.
The new "Random Acts of Beauty" card for homeowners is a great program - congratulations!
Recommendations:
Consider expanding the clean-up programs to include: adopt- a-trail or park.
Page 15 of 270 Presentation #1 October 29, 2012
VIRONMENTAL ACTION Environmental action includes efforts and achievement by the municipality, businesses, institutions, and residents of the community, with respect to: policies, by-laws and best practices, 3-R initiatives (reduce/reuse/recycle), waste reduction, landfill sites, hazardous waste collections, water conservation, naturalization, environmental stewardship activities, and <>n'virl'lniTI<>nt;~IIV Tru:•nniV tr·::~n,c;nclrt~ltinn Under the Of SUStainable riP'vPinnmF>nt
20
10 9
10 7.5 es Energy conservation programs such as alternate forms of energy (ex. geothermal, biomass, wind, solar), efficient street and signal lighting and shielding for night skies issues & promotion of energy 10 8.5 audits Environmental actions such as: Greening of operations fleet for park maintenance: such as conversion to higher efficiency vehicles, use of alternative fuels and air quality programs: monitoring, anti-idling advisory I bylaws, efficient use of vehicle fleet such as use of crew cabs, bicycles, any other energy-saving transportation. 20 19 Development and expansion of bike lanes and recreational pathways. Initiatives and Innovation, such as: green roofs, green walls; re-use of sites; engineered wetlands and bio-walls.
ic participation in public forums and policy development on environmental issues
Public participation in community, neighbourhood or individual street environmental activities and 10 8.5 programs (including, promotion, organization and evidence of taking ownership), etc.)
in-kind Qf mU'Tirin;,Tin Businesses Institutions 9 environmental activities and programs
Environmental Action Total
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2012 Evaluation Form
ENVIRONMENTAL ACTION
Observations:
Sarnia is probably best known as an industrial town with numerous chemical and petroleum based facilities. The city wants to move from carbon based energy to bio based energy and the evidence points to significant progress in this area. There is also a concern for water quality and a conservation measure of alternate day lawn watering.
Progress has been made to develop bike lanes in Sarnia. On one street the parking spaces were removed to add a bike lane.
The city website lists the following committees related to the environment: The Environmental Advisory Committee; Urban Wildlife Committee; Waterfront Task Force; Bluewater Trails Committee; St Clair Region Conservation Authority; and the Binational Public Advisory Council. Sarnia is also a 'Blue Flag' community. Local Lambton College has a 'Lambton College Students for Environmental Awareness'. The wetlands area has an excellent kiosk describing bird migration.
En bridge Co has installed a vast array of solar panels in Sarnia.
There are many ways Sarnia participates in environmentally sound projects. A few to mention are the green walls on the highway (402) that help mitigate noise and heat reflection and the air monitoring stations installed around town.
The new hospital has a rooftop garden and many other features as part of their LEEDS certification.
A significant portion of the largest park, Canatara Park, is left in a natural state.
The 'One Plant Project' has made an impact with the 'Laura Santina Brown Naturalization Gallery' and the 'Sarnia Urban Wildlife Native Garden'. (See photos below)
Recommendations: Consider an aggressive for water conservation promoting, even subsidizing, rain barrels for residents and low flow shower heads and toilets.
to determine their rate, or waste that is Al'l1lll<:tuv Committee' establish a for the and broadcast
Page 17 of 270 Presentation #1 October 29, 2012
HERITAGE CONSERVATION Heritage Conservation includes efforts made by the municipality, businesses and institutions, and residents to preserve heritage within their community. Priority in evaluation is given to natural heritage, as well as the integration of landscape and streetscapes as it pertains to the built heritage of a community. Also consists of preservation of cultural heritage which includes monuments, memorials, artefacts, museums and history, archives, traditions, customs, heritage foods and the arts and festivals and celebrations. The evaluation includes: -natural heritage management plans: sites, parks, cemeteries, heritage gardens and trees, native plants; -the relationship of the landscape to the built heritage; -overall preservation of traditions and customs through year-round festivals and celebrations, events and parades, heritage foods and the arts. As the n of such as the Historical is considered.
15 13
15 12.5
Interpretative and signage programs, walking tours, festivals/celebrations (year round) 15 13 Activities and programs (year-round) for education and use of natural heritage sites for and by 15 13 the blic New programs and initiatives to promote local heritage 10 8
Public participation in community, neighbourhood or individual in cultural and natural heritage programs including heritage community events/activities, including year round 10 9 cultural festivals & celebrations and preservation of traditions, customs, food, music, dance and crafts includi nization etc .. Support financial and/or in-kind or participation by the Municipality, Businesses and Institutions (including Historical Societies) in community initiated, natural and cultural 9 1-u:>rit:>c"" activities and programs cultural festivals & celebrations the and dance and crafts.
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2012 Evaluation Form
HERITAGE CONSERVATION
Observations:
The mural of the CN railroad history in downtown is very well done.
The Heritage Act established a Federal Standard for Historic structures/sites. Sarnia has 30 sites listed under the Federal program and 130 recognized by Sarnia.
The new Judith and Norman Alix Art Gallery will reinvigorate the downtown. The new museum is located in the repurposed Saks building.
The MacFherson Fountain (below) is very creative, with fish that appear to move. It is both historic and modern at the same time.
The Vicar of All Saints Anglican Church, and other community members, visits the schools in period costume (above) to teach the children about local history through historic reenactment of founding citizens.
Recommendations:
It would be helpful for the Judges to meet with someone from the Heritage Committee to learn about their activities. The Judges also heard about Heritage Week but learned little about it.
Consider making the locomotive engine 'Betty' more than just a part of a train surrounded by a fence. Could the area be landscaped and could residents get a closer look during festivals? Maybe charging 50 cents to tour the engine would be a good fundraiser for a local charity during festivals near the river.
kiosk how received name.
Page 19 of 270 Presentation #1 October 29, 2012
URBAN FORESTRY
Urban Forestry includes the efforts made by the municipality, businesses and institutions, and residents with regards to written policies, by-laws, standards for tree management (selection, planting, and maintenance), long and short-term management plans, tree replacement policies, tree inventory, Integrated Pest Management (IPM), heritage, memorial and commemorative trees.
Overall impact, benefit and first impression of the urban forest 10 9
Policies, regulations and tree by-laws, tree protection and planting on public and private lands 10 9
Urban forestry planning and design, including integration with overall landscape plan 10 8.5 Measures to preserve, protect, manage and expand overall tree inventory, including woodlots 10 9 Plan of action: procurement, species diversity (including native trees), selection of hardy species 10 9 Integrated Pest Management (I PM) I Plant HealthCare (PHC): plan of action for invasive pest 10 9 detection and information on current infestations and diseases Public information program on good planting techniques and maintenance programs 10 8.5
Qualified personnel and/or crew training 10 9.5
Public participation in tree planting and conservation programs such a Green Streets Canada, Arbour Day, Maple leaf Day, and other tree planting and maintenance programs and activities 15 14 on ic lands ndudi ization Support- financial and/or in-kind or participation or promotion by the Municipality, Businesses 10 8.5 and Institutions for community tree planting and conservation programs on public lands.
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2012 Evaluation form
URBAN FORESTRY
Observations: The urban forestry team has done an excellent job of following the spread of the Emerald Ash Borer. pest has arrived in Sarnia bringing the expected results of many ash trees being killed. The need to remove hazardous trees has diverted the urban forestry budget so the city is unable to carry out its normal tree planting pian.
The Arbor Week Committee has a "nominate a tree/1 contest each year.
There is a good diversity of trees in the parks and public rights of way. Parks near the river have good tree cover while the public areas along Lake Huron also have good tree cover.
New this year is the "Trees of Distinction Bike Tour".
Recommendations:
The Arboretum tree labels were hidden or missing on many trees. Consider a Scm by Scm post about one meter from the tree for the label.
No urban forestry plan was shown to the Judges. The plan could be included for the Judges in the future.
Some trees would be an attractive addition around the water treatment plant. Since it is hoped the residents will begin a comprehensive water conservation program, the plant might not to be expanded so trees could be planted now.
to
Are there educational materials available for residents on the Emerald Ash Borer? If not, they have been developed by other sources and should be readily available. The city might consider including information in community updates and on Sarnia website.
Grass is growing up to will mow or wack the a one meter
Page 21 of 270 Presentation #1 October 29, 2012
LANDSCAPE Parks & Grounds, Green Tm·f & Groundcovm·s This section of the evaluation supports all efforts to create an environment showcasing the overall surroundings. The overall plan and design must be suitable for the intended use and location on a year-round basis. Elements for evaluation include: native and introduced materials; balance of plants, materials and constructed elements; appropriate integration of hard surfaces and art elements, use of turf and groundcovers. Landscape design should harmonize the interests of municipal, commercial and residential sectors of the community. Standards of execution and maintenance should demonstrate best practices, including quality of naturaiization, use of groundcovers and wiidfiowers, turf management and maintenance. The evaluation wiii consider how the space5 create a sense of within the comm utilized r-round.
Landscape Plan: integrated and implemented throughout the municipality 10 8.5 Turf management programs, Integrated Pest Management (IPM), Plant Health Care (PHC), alternative solutions to diseases and infestations when appropriate, increased naturalization, 10 8.5 alternate mowi and water ma ment First impressions of the community including gateway I entrance treatments 10 9 Landscape maintenance policies, standards, best practices and programs 10 8 Sustainable designs (seasonally adjusted year round): energy efficient, use of green materials, 10 8.5 naturalizatio suitable varieties Urban and civic design standards for streetscape and public places: flags, banners, public art, 10 8.5 fountain site fu seasonal and decor and materials Landscape maintained to appropriate standards and specifications 10 8.5 Demonstrated year-round opportunities and programs for education and use of parks and green 10 8.5 and recreation festivals and
10 8
10 8
Public participation in community programs such as: "yard of the week", volunteer park maintenance, holiday illumination & decoration (including promotion, nr<>:>rli7:>tirm Recognition (by municipality by volunteer of volunteer efforts in all aspects of the Communities in Bloom environmental urban tru·,..,;rru larldscallE!, floral and natural & Cultural H.,.,.,,.,.,,,.
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2012 Evaluation Form
LANDSCAPE Observations:
Many initiatives have been undertaken in Sarnia to improve the landscape. The herb garden in Centannial Park is a collaboration between the business (restaurants) and Communities in Bloom Sarnia. The "Garden of Eatin" (photo below), "One Tomato" and the "One Plant Project" all add to the quality of life in Sarnia.
The city has an excellent com posting facility that is well used by the parks department. The result is a beautiful landscape throughout the main city parks.
The Horticulture Society maintains a beautiful garden in the center of the city. (photo below)
The new laura Santina Braun Naturalization Gallery is a beautifully designed collaboration between non-profit groups.
The entrance sign on Rt 402 is very well done. The landscape provides color in the warm months as well as year round interest with the use of evergreen shrubs.
Recommendations:
Kiosks would be helpful on some the public art to explain the origin and description of the piece.
wooden park benches in the west end of Centennial Park need to be replaced.
While main entrance sign is beautifully landscaped, the other entrance signs could use some attention if and manpower is available.
Page 23 of 270 Presentation #1 October 29, 2012
FLORAL DISPLAYS "Floral Displays" evaluates the efforts made by the municipality, businesses and institutions, and residential sectors of the community to design, plan, execute, and maintain floral displays of high quality standards. Evaluation includes the design and arrangements of flowers and plants (annuals, perennials, bulbs, ornamental grasses) in the context of originality, distribution, location, diversity and balance, colour, and harmony. This pertains to flowerbeds, carpet bedding, containers, baskets and window boxes.
15
15 14
Diversity of plants: annuals, perennials, bulbs, grasses, woody plants, natural flora 10 9 Quality, appropriate specifications and standards, best practices: watering, 20 19.25 weed etc. Qualified personnel (including seasonal staff) and/or training 10 9.25
Volunteer recognition (by municipality and/or by volunteer groups) of volunteer efforts in 15 13.5 floral displays Support financial and/or i participation by the Municipality, Businesses and 15 13 Institutions in comm floral l'licnl<>·<~< activities. Floral Displays Total
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2012 Evaluation Form
Observations:
The city employees do a great job of developing an overall plan for floral displays. The beds are well designed with excellent maintenance. The use of non-potable water from the river allows the city to irrigate the beds as needed along the riverfront at Centennial Park. Germain Park also has beautifully arranged flowerbeds with amazing color, texture and arrangements.
Recommendations:
Some hostas looked fine in sun while others were not looking as good. Hostas generally like partial or full shade.
municipal planting program is outstanding. Consider working with the business community or residences to encourage them to increase their floral displays. One way to do this is to have a "business the month" or "most improved business" recognized by the city. The same applies to residential properties. current "Random Acts of Beauty" card that is offered to homeowners who have beautiful yards could be expanded to feature some yards in the local paper or on the city website.
Continue to expand the use bold foliage plants as alocasia, colocasia, cannas, such as 'bengal tiger' or the dwarf 'picasso'.
Page 25 of 270 Presentation #1 October 29, 2012
f'o<>p~&, Plants •nd !'tide." Gtowi"'lT"'l"tlw
THANK YOU FOR YOUR INVOLVEMENT
"Within the context of climate change and environmental
concerns, communities involved in the Communities in Bloom
program can be proud of their efforts, which provide real and
meaningful environmental solutions and benefit all society."
COMMUNITIES IN BLOOM IS MADE POSSIBLE BY
volunteers
Page 26 of 270 Correspondence #1 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CA Director of Finance
DATE: October 19, 2012
SUBJECT: RFP #12-119 Proposal to Provide Financial Audit Services - Appointment of City Auditors
Recommendation: It is recommended:
1. That Sarnia City Council appoints the firm of BDO Canada LLP as the City’s auditors for a period of five years including the fiscal year ends 2012 to 2016.
Background: Section 296.1 of the Municipal Act 2001, requires a municipality to appoint an auditor licensed under the Public Accounting Act who is responsible for “annually auditing the accounts and transactions of the municipality and its local boards and expressing an opinion on the financial statements of those bodies based on the audit.” The auditor of a municipality shall report to the Council of the municipality.
Comments: Request for Proposal for Financial Audit Services was issued on September 7, 2012. The RFP had a closing date of September 27, 2012. Proposal submissions were received from the following four accounting firms: • Deloitte & Touche LLP • BDO Canada LLP • Hazlitt Steeves Harris LLP • KPMG LLP All four submissions met the core requirements of the RFP. The three firms having the lowest submitted price were then selected for interview. Hazlitt Steeves Harris LLP was the firm eliminated based on price. The City of
Page 27 of 270 Correspondence #1 October 29, 2012
Sarnia Evaluation Team, comprised of three Finance staff members, met with the representatives of the top three rated submissions to review and evaluate the proposals and finalize the recommendation to Council. The evaluation process was based on the following criteria with a numerical scoring system for each category weighted to reflect the goals of the proposal:
Category Weight Understanding of the Engagement Proposal 5 Experience with Municipal Audits 15 Proposed Project Manager and Team 10 Audit Implementation 25 Additional Services 5 Financial Merits 40 TOTAL: 100
The review and analysis of the proposals from the three Finance staff members using the numerical scoring system were averaged with the following results:
Accounting Firm Total Averaged Score BDO Canada LLP 955 Deloitte & Touche LLP 875 KPMG LLP 840
BDO Canada LLP responded to the RFP with the lowest cost. The cost of audit services from BDO Canada LLP over each of the next five years is as follows:
Year End Cost 2012 $36,500 2013 37,200 2014 37,900 2015 38,700 2016 39,500 5 YEAR TOTAL: $189,800
BDO Canada LLP is the City’s current auditor. City staff has worked well with the staff from BDO and there are no issues to report to Council.
Page 28 of 270 Correspondence #1 October 29, 2012
Consultation: There was no consultation in the preparation of this report.
Financial Implications: Funding for the audit is from the annual current budget. The BDO audit fees are for a total of $189,800 for the 5 year period. The 2012 budget and proposed 2013 budget for audit fees are sufficient to cover the cost of the audit fees. The current annual budget level will be sufficient to cover the costs of the year end audit each year during the contract term.
Reviewed by: Approved by:
Brian McKay, CA Lloyd Fennell Director of Finance City Manager
This report was prepared by Susan Harris, Manager of Accounting
Attachment(s): none
Page 29 of 270 Page 30 of 270 Correspondence #2 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian Knott, City Solicitor/Clerk
DATE: October 18, 2012
SUBJECT: Tender 12-10 Roof Replacement – Sarnia Public Library
Recommendations: It is recommended:
1. That the low tender received by Bullock & Sons Roofing, A Division of 469135 Ont. Ltd. in the amount of $137,408.00 be accepted and that the Mayor and Clerk be authorized to sign the necessary agreements.
Background: In accordance with normal Council procedures, the following tenders were opened October 17, 2012, at 3:00 p.m. in committee room four at City Hall, in the presence of Shawn Unsworth, Purchasing Department and Tami Lewis, Solicitor/Clerk’s Department. The tenders were forwarded to the Property Department for study and report to Sarnia City Council.
CONTRACTOR BID PRICE (including H.S.T.) Bullock & Sons Roofing $137,408.00 Imperial Roofing $147,799.48 Smith Peat Roofing $220,350.00
The tender was checked and it is recommended that Bullock & Sons Roofing be awarded as the low tenderer for Tender 12-10 - Roof Replacement – Sarnia Public Library in the amount of $137,408.00 (including H.S.T.)
Page 31 of 270 Correspondence #2 October 29, 2012
Comments: The Sarnia Public Library was built in 1959, and an addition was built in 1969. The cost of repairing the entire roof would exceed the current funds in the capital budget account so only the oldest and most critical portion will be replaced at this time.
This tender includes the removal of the existing failed roof of the 1959 Southern Section of the Sarnia Public Library roof and installation of new two ply TPM roofing system. Bullock & Sons Roofing is a Sarnia based company and has demonstrated ability and expertise to undertake this project.
Consultation: Throughout the preparation of the tender document the Property and Purchasing departments, Ameresco Consulting Inc. and an agency called Roofmart were consulted for input.
Financial Implications: The budget amount of $172,500.00 was placed in the Capital Reserve for this project. The oldest section of the roof which is over the 1959 original building was the most critical section that needed to be replaced and this cost is $137,408.00.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Vince Wijsman, Property Manager
Attachment: Copy of Tender Results from Shawn Unsworth
Page 32 of 270 Correspondence #2 October 29, 2012 D E P A R T M E N T C O R R E S P O N D E N C E People Serving People
DATE: October 17, 2012
TO: Vince Wijsman
FROM: Shawn Unsworth Purchasing Agent
RE: Tender 12-10 Roof Replacement – Sarnia Public Library
At your request a Tender was issued September 8, 2012 for the replacement of the Southern Section of the roof, at the Sarnia Public Library.
The Tender was posted on the Internet and advertised in the Sarnia Observer. Bid packages were also sent to all registered bidders on the bid list.
Tenders were received until 3:00 pm October 17, 2012 and opened according to policy. Results of Bids including HST are as follows: • Bullock Roofing $137,408.00 • Imperial Roofing $147,799.48 • Smith Peat Roofing $220,350.00
The Tenders are available at the Purchasing Office. Could you please review the Tenders regarding compliance to technical specifications and submit a recommendation for Sarnia City Council’s consideration to accept the lowest compliant bid.
/SU
C Brian Knott Brian McKay Tender File
Page 33 of 270 Page 34 of 270 Correspondence #3 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: October 1, 2012
SUBJECT: City of Sarnia and County of Lambton Road Maintenance Agreement
Recommendation: It is recommended:
1. That City Council pass a by-law authorizing the Mayor and Clerk to execute an amendment to the agreement with the County of Lambton for the maintenance of some County roads within the City limits.
Background: The existing road maintenance agreement is dated November 3, 2010 and was accepted by a motion of Council on October 4, 2010. The agreement outlines the maintenance responsibilities of the City as well as the County for the County-owned roads within City limits.
The winter snowfall event during the week of December 13, 2010 closed Lakeshore Road as well as the County roads connecting Bright’s Grove to Highway 402. The County was responsible for winter control on Lakeshore Road between Mandaumin Road and Modeland but their ploughs were pulled off the road. This essentially stranded the residents of Bright’s Grove. However, the City’s ploughs were able to access the stretch of Lakeshore connecting Bright’s Grove to the City and the road was ploughed by Sarnia Public Works.
The current maintenance agreement calls for both municipalities to share the maintenance of LaSalle Line between Highway #40 and St. Clair Parkway. A similar arrangement exists for the maintenance of Modeland Road between Lakeshore Road and 878 metres south of Michigan Avenue.
Page 35 of 270 Correspondence #3 October 29, 2012
Comments: Recent discussions between representatives from the County and the City resulted in proposed amendments to the maintenance agreement to address these shortcomings to improve efficiency and simplify responsibilities. The City will assume responsibility for winter control on all of Lakeshore Road and all maintenance activities on the said portions of LaSalle Line and Modeland Road.
The Lambton County Road Network Committee accepted the proposed amendment at their meeting on October 17, 2012. County Council will consider the proposed amendment at their meeting scheduled for November 7, 2012.
These changes will take effect following execution of the amending agreement by the City and the County.
Consultation: The Operations Manager, Public Works Superintendent and various County staff were involved in the discussions for the proposed amendment.
Financial Implications: The City will be compensated for this additional maintenance work through the terms and conditions of the maintenance agreement.
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Bryan Prouse, P.Eng., Operations Manager
Attachments: Summary of Amendments
Page 36 of 270 Correspondence #3 October 29, 2012
September 1, 2012
Amendment to Maintenance of County Roads in the City of Sarnia Agreement dated November 3, 2010.
The intent of the amendments below are:
• City will add to their duties the winter control maintenance only of Lakeshore Road from Modeland Road to Mandaumin Road as per Section 5; • City will add to their duties the winter control maintenance only of Mode land Road from Lakeshore Road to 0.878 km. south of Berger Road (limit between MTO and County) as per Section 5 of the above agreement; • City will be responsible for year-round maintenance of LaSalle Line as outlined in the agreement.
The following sections of the above agreement will be revised as of the date of this agreement:
1) Section 4: Division of Responsibilities a) First bullet to read: • The Municipality will be responsible for the work on the County Road Network west of Modeland Road. The work will include County Roads north and west of Hwy 40 but not Highway 40 (MTO) itself. The Municipality will also be responsible for the work on County Road #35 (LaSalle Line).
b) Amend the second bullet to read: • The County will be responsible for the work on the County Road Network east of Modeland Road, including Modeland Road itself.
2) Section 5: Winter Control a) Schedule "B" (Winter Control -County Roads Maintained By City of Sarnia): • Revise #1. CR #7 (Lakeshore Road/Christina Street) - CR #1 9 (Michigan Avenue) to CR #27 (Modeland Road) to: 1. CR #7 (Lakeshore Road/Christina Street)- CR #19 (Michigan Avenue) to CR #26 (Mandaumin Road); • Remove #9. CR #35 (LaSalle Line)- StClair Parkway to Highway #40 (shared with St. Clair Township); • Add new #1 0. CR #27 (Mode land Road)- CR #7 (Lakeshore Road) to 0.878 km. south of Berger Road.
b) Factor C will be revised to: 139.032/199.520 = 69.683% to reflect the above changes to the agreement.
3) The balance of the agreement will remain the same.
Page 37 of 270 Page 38 of 270 Correspondence #4 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS and RECREATION DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Ian Smith – Director of Parks and Recreation
DATE: October 23, 2012
SUBJECT: Beverage (Soft Drinks) Contract – Arenas
Recommendation: It is recommended: 1. That Council accept the Proposal for Beverages (soft drinks) – Arenas from PepsiCo Beverages Canada for an eight year period with payments as noted in the contract subject to achieving sales projections; 2. That the Mayor and Clerk be authorized to sign the contract with PepsiCo Beverages Canada.
Background: On a regular basis, the City asks for Proposals from qualified beverage (soft drink) suppliers for service at the City’s arenas and other areas. The contract lengths vary as well as the conditions of the contract. The City is completing a very successful agreement with Coca Cola and a new contract is required.
The Request for Proposal#12-117 closed on August 30, 2013 with two submissions received. City staff interviewed both submitters and discussed in detail, the financial conditions of the proposals as well as the technical support for the operation and healthy soft drinks alternatives – sport drinks, water etc.
Comments: Two companies, PepsiCo and Coca Cola submitted proposals that were reviewed by City staff. These submission were scored and following an interview for clarification of the submissions, a final score was awarded to each submission. The criteria used for the scoring along with value is as follows:
Page 39 of 270 Correspondence #4 October 29, 2012
Qualification, Expertise and Performance on Similar Contracts 20% - 200 points Marketing Merits of the Proposal 15% - 150 points Value Added Options Available 25% - 250 points Financial Merits of the Proposal 40% - 400 points Total Points 1000 points
In the Value Added Options, two questions were asked of the submitters in the RFP: Would you be willing to support and to what level of financial support would you be willing to contribute to renovate the Sarnia Arena Concession Area? What level of support would you be willing to assist with providing SWAG? (Signage, Uniforms, Banners and Display Material)?
The average scoring for the two submissions were: PepsiCo – 885/ 1000 Coca-Cola – 645/1000
The annual cost for product purchased by the City based on the submissions is PepsiCo - $38,022 in Year 1 with a 3% annual increase and Coca-Cola - $38,243 in Year 1 with a 3.5% annual increase. These amounts are for the purchase of water, sport drinks and soft drinks in the Sarnia, Clearwater and Germain Arenas and are similar to the present costs of product. Based on an eight (8) year contract –the total cost would be: PepsiCo - $338,088.00 (includes annual increases): Coca-Cola - $346,164.00 (includes annual increases).
PepsiCo proposes to provide the City of Sarnia with $60,000: with $10,000 in Year 1 and $50,000 in Year 2 for financial support to renovate the Sarnia Arena Concession while Coco-Cola is willing to provide $14,000 in Year 2 towards this work.
PepsiCo also proposed to provide to the City with $40,000 ($5000/ year) for swag in exchange for the Exclusive Beverage Rights over the eight (8) year agreement while Coca-Cola would provide $8,000, ($1000/ year). These funds will be used for the purchase of swag such as concession signage, staff uniforms, banners and display material.
Using the funding from the Beverages (soft drink) supplier, a new accessible concession operation will be developed in the Sarnia Arena in the summer of 2013. The concession booths in both the Germain and Clearwater arenas are accessible, while the Sarnia Arena does not conform to accessible standards. It is anticipated that there will not be any requirements for City funds to be
Page 40 of 270 Correspondence #4 October 29, 2012
used on this project. The work will follow City procurement process and Council’s approval will be requested following an RFP process.
The City is exploring avenues to expand the sale of product including Norm Perry Memorial Park and Centennial Park. Information on these plans will be forthcoming to Council. The goal is to increase volume of sales by working with our partners.
In view of healthy lifestyles, both PepsiCo and Coca-Cola were willing to ensure healthy alternatives are made available in both concession and vending machines. Both companies have a wide range of products that benefit a healthy lifestyle.
It is recommended that the Beverages (soft drink) supplier will take responsibility for the operation of the vending machines. The City had previously undertaken this work, which includes maintaining an inventory, financial controls, stocking machines and general upkeep of the machines. Both companies would be willing to provide this service with each paying the City 35% of sales for this privilege. This will reduce work for the Concession Supervisor allowing more focus on the internal Concession operations.
Consultation: Consultation was with the City Manager, City Solicitor/ Clerk, Director of Finance, Parks and Recreation staff.
Financial Implications: The supply of Beverages (soft drinks) is a part of the arena concession operation and anticipated to generate an amount equal to the concession revenues as generated by the present contract.
In addition, we will receive an additional $100,000 in value added monies and items.
Prepared by: Approved by:
Ian Smith Lloyd Fennell Director of Parks and Recreation City Manager
Attachment: none
Page 41 of 270 Page 42 of 270 Correspondence #5 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CORPORATE SERVICES
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Susan Weatherston, Accessibility Coordinator
DATE: October 18, 2012
SUBJECT: City of Sarnia Integrated Accessibility Standards
Recommendation: It is recommended:
1. That Council accept the Integrated Standard Accessibility policy, including purchasing policy amendments. 2. That Council accept the multi-year Municipal Accessibility Plan.
Background: The Integrated Accessibility Standard Regulation (IAS) of the Accessibility for Ontarians with Disabilities Act requires municipalities to develop, implement and maintain policies about what will be done to meet the IAS requirements. The attached policy provides the City of Sarnia with the framework to meet our obligations.
Comments: In addition to the Integrated Accessibility Standard requirements for municipalities to develop policy statements, the IAS also allows us to have multi-year accessibility plans, with annual updates. The IAS also requires that we incorporate accessibility considerations into our procurement policies.
Consultation: The Sarnia Accessibility Advisory Committee and the Finance Department have been consulted.
Financial Implications: The Municipal Accessibility Plan has over the years identified barriers that are currently in place for persons with disabilities. Many of these barriers are
Page 43 of 270 Correspondence #5 October 29, 2012
still in place. Departments have been asked to remove barriers as possible. The Accessibility Capital reserve has some funding available but at this point it will only cover a small portion of the full cost of barrier removal.
Prepared by: Approved by:
Susan Weatherston Lloyd Fennell Accessibility Coordinator City Manager
Attachments: City of Sarnia Integrated Accessibility Standards Policy Municipal Accessibility Plan 2012 to 2016
Page 44 of 270 Correspondence #5 October 29, 2012
SECTION: Accessibility
SUBJECT: City of Sarnia Integrated Accessibility Standards
Superseded: New
PURPOSE To define the obligations of the City of Sarnia in meeting the Accessibility needs of peoples with disabilities as required by the Integrated Standard Regulation.
POLICY STATEMENT The City of Sarnia will work to ensure that municipal services are provided in a manner that meets the needs of people with disabilities. Communication and information services, employment, transportation, purchasing and the development of public outdoor spaces shall be delivered in a manner that is free from discrimination, provides equitable opportunities, protects the dignity and independence of all people and provides integrated and responsive services.
APPLICATION This policy applies to all City employees, volunteers, agencies, boards and commissions.
SCOPE This policy facilitates compliance with the Integrated Accessibility Standards (“IAS”), Ontario Regulation 191 /11) of the Accessibility for Ontarians with Disabilities Act.
The policy will assist in the identification, removal and prevention of barriers for persons with disabilities.
LEGISLATIVE REQUIREMENTS The City is committed to meeting the accessibility needs of people with disabilities. To comply with the general requirements of the IAS, with compliance dates from 2013 to 2014 the City will:
1. Establish, maintain, and update a multi-year accessibility plan at least every five years, outlining the City’s strategy to prevent and remove barriers for people with disabilities and prepare an annual status report on the plan.
2. Incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, including self-service kiosks.. Where it is not practicable to incorporate accessibility criteria, the City will provide an explanation upon request.
3. Ensure that training is provided on the requirements of the Accessibility Standards, as well as the Human Rights Code as it relates to people with disabilities. Page 45 of 270 Correspondence #5 October 29, 2012
4. Create, provide and receive information and communications in ways that are accessible for people with disabilities, with compliance dates from 2012 to 2021.
5. Identify, prevent and remove barriers in all areas of employment, from recruitment, selection, and hiring, through to termination, to be compliant by 2014.
6. Implement all required elements to ensure accessible transit, with compliance dates from present to 2017.
RESPONSIBILITIES
All Employees: Compliance with policy.
Management: Compliance with policy. Enforcement of policy. Ensuring new employees, contractors and volunteers receive and understand the policy.
Page 46 of 270 Correspondence #5 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA
MUNICIPAL ACCESSIBILITY PLAN
Including
ACCESSIBLE TRANSIT
FOR THE PERIOD
January, 2012 to December 2016
1 Page 47 of 270 Correspondence #5 October 29, 2012
Table of Contents
The City of Sarnia’s Accessibility Plans: A New Approach ...... 3 Accessibility in Sarnia ...... 3 Legal Environment ...... 3 Built Environment Standard ...... 5 Upcoming Goals and Timelines under the IAS ...... 6 Appendix A Barriers Identified in Capital Plan ...... 12 Appendix B SAAC Size and Composition ...... 13 SAAC Terms of Reference ...... 13 Administration Process...... 14 Appendix C Transit Accessibility and Advisory Committee ...... 17 Mission and Goals and Membership ...... 17 Appendix D Organization Chart ...... 18
2 Page 48 of 270 Correspondence #5 October 29, 2012
The City of Sarnia’s Accessibility Plans: A New Approach
The City of Sarnia has produced eight annual accessibility plans. These plans were stand alone. The previous plans were not tied to capital plans.
The environment in which we write this year’s plan is very different: • City of Sarnia staff now understand how to meet the needs of people with disabilities. • Staff have been trained in Accessible Customer Service. • Departments have put accessibility goals in their Capital plans. • The Integrated Accessibility Standard Regulation, IAS, clearly tells us what we need to do for the next decade. • The IAS allows multi-year plans.
Therefore the Sarnia Accessibility Advisory Committee, SAAC, suggests that this plan be for the period of January 2012 to December 2016. Progress will be tracked by brief annual reports.
City staff developed the plan in consultation with SAAC and the Transportation Accessibility Advisory Committee, TAAC.
Accessibility in Sarnia
About 4.4 million Canadians have a disability. This in turn means that 14.3 per cent of Canadians and approximately 1.84 million Ontarians live with disabilities. Given that the City of Sarnia has a population of approximately 72,500, we have at least 10,875 individuals in our community who live with a disability. This number will rise to at least 14,000 by 2025. Our aging population would indicate that these numbers are conservative.
Legal Environment
The following provincial laws shape our accessibility plans:
3 Page 49 of 270 Correspondence #5 October 29, 2012
• The 2001 Ontarians with Disabilities Act, ODA, directs the City to maintain an accessibility advisory committee and create regular plans. o The ODA also requires that Sarnia Transit consult with persons with disabilities. • The Ontario government’s Accessibility for Ontarians with Disabilities Act, AODA, became law in 2005. o The AODA allows for multi-year plans.
o The City now meets the AODA Customer Service Standard but must continue: . Staff training for new staff. . Ongoing requests for alternate format. . Ongoing accepting of feedback. . Ongoing posting of notices of disruption of services. • The Integrated Standard, IAS of the AODA, in place since July 2011 directs us to improve in employment, information, and transportation. The Government gives us a timetable of changes. o The City must meet most of those regulations by January 2014. o The City must complete the IAS by January 2021. • The Government has not yet passed the Built Environment standard regulation. • The Ontario Human Rights Code remains in place.
4 Page 50 of 270 Correspondence #5 October 29, 2012
Built Environment Standard
We are writing this Plan before the Built Environment law is passed as regulation. The proposed new law will apply to new buildings and renovations. But the Built Environment standard will become the new standard and set a new bar for accessibility. The public will expect accessibility in a municipal environment.
City staff and advisory committee members have identified some longstanding barriers in City facilities. The Capital Plan now includes funding for removing larger barriers.
While our current buildings will be grandfathered under the Built Environment Standard, having an accessible city should be our goal. The Built Environment Standard will clarify best practice and set a new standard.
5 Page 51 of 270 Correspondence #5 October 29, 2012
Upcoming Goals and Timelines under the IAS
GENERAL PROVISIONS Department Date
Sec 3.1 Develop policies and statement HR / Council Jan of organizational commitment to IAS approval 2013
Sec 4. Multi-year accessibility plan HR Jan reviewed every five years with annual 2013 status report posted, consult with Accessible Advisory committee
Sec 5. Incorporate accessibility criteria Finance + all Jan into procuring goods, services and departments 2013 facilities (including kiosks Sec 6)
Sec 7. Training on IAS and on Ontario all Jan Human Rights Code to employees, 2014 volunteers & contractors
INFO AND COMMUNICATION STANDARDS
Sec 14. (4) All new web content must IT / Internet Jan be accessible after 2014 publishers 2014
Sec 14. (4) 2 By 2021 all content from IT / Internet Jan 2012 to 2021 must be accessible publishers 2021
6 Page 52 of 270 Correspondence #5 October 29, 2012
Sec 14. (5)b Section 14 applies to all To track from Jan content published after Jan 2012 Jan 2012 2012 forward
EMPLOYMENT STANDARD Jan 2014
Sec 22. Recruitment – notify employees HR Jan and public about accommodation in 2014 recruitment processes
Sec 23 Notify applicants of HR Jan accommodation in recruitment during 2014 assessment / selection
Sec 24 Notify when making offers of HR Jan employment of accommodation policies 2014
Sec25. Inform all employees of supports HR Jan available, and update as needed 2014
Sec 26 Provide accessible formats and HR Jan communication supports for employees 2014
Sec 28 Written process for individual HR Jan accommodation plans 2014
Sec 29 Return to work process HR and Jan supervisor 2014
Sec 30 Performance management shall HR and Jan
7 Page 53 of 270 Correspondence #5 October 29, 2012 take into account accessibility needs and supervisors 2014 accommodation plans
Sec 31 Career Development and HR and Jan Advancement : incorporate accessibility supervisors 2014 and accommodation plans
Sec 32.Redeployment activities take into HR and Jan account accessibility accommodations Supervisors 2014
TRANSPORTATION
Sec 36 Training for transit employees and Transit Jan volunteers on safe use of accessibility equipment, 2014 acceptable modifications where barriers exist or equipment fails, & procedures in emergencies
Sec 38 No charge for support person Transit Jan 2014
Sec 41 Customer feedback, annual public meeting Transit Jan 2013
Sec 42 Plans will identify process for estimating Transit Jan demand, develop steps to reduce waste time 2013
Sec 43 Plans will include procedures for dealing Transit Jan with accessible equipment failures 2013
Sec 46 Accommodation for fare payment Transit Jan 2013
8 Page 54 of 270 Correspondence #5 October 29, 2012
Sec 50 Where route or schedule changed and Transit Jan change known in advance of start of trip, make 2013 alternate arrangements for persons with disabilities
Sec 51 (2). Electronic preboarding Transit Jan 1, announcements 2017
Sec 52 On board announcements for all Transit Jan destination points routes and stops are electronic, 2017 visual and verbal
Sec 53. Grab bar requirements for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 54 Flooring requirements for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 55 Allocated mobility aid spaces for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 56 Accessible stop requests for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 57. Lighting features for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 58 Signage requirements for vehicles Transit Jan manufactured after Jan 2013 2013
9 Page 55 of 270 Correspondence #5 October 29, 2012
Sec 59 Lifting Devices requirements for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 60 Step requirements for vehicles Transit Jan manufactured after Jan 2013 2013
Sec 61. Indicators and alarm requirements for Transit Jan lifting devices 2013
Sec 63 Categories of eligibility for Care-A-Van: Transit Jan unconditional, temporary and conditional 2017
Sec 64 Eligibility Application process, timeline, Transit Jan accessible formats, independent appeal 2014
Sec 65. Emergency or compassionate eligibility Transit Jan 2014
Sec 66 Fare parity and payment options between Transit Jan conventional and specialized transit 2013
Sec 67 Visitors eligible for specialized Transit Jan transportation 2013
Sec 70 Hours of service same on conventional Transit Jan and specialized 2013
Sec 71 Same day Booking and available up to 3 Transit Jan hours before end of day 2014
Sec 72 No trip restrictions Transit Jan 2014
10 Page 56 of 270 Correspondence #5 October 29, 2012
Sec 73 Service Delay information available to Transit Jan clients 2013
DUTIES OF MUNICIPALITIES
Sec 78 Consult with SAAC / TAAC re SAAC / Jan accessible bus stop/ shelter design criteria TAAC transit 2013
Sec 79 consult with SAAC to determine SAAC / Sol Jan proportion of taxis required Clerk / 2013 Police
11 Page 57 of 270 Correspondence #5 October 29, 2012
Appendix A Barriers Identified in Capital Plan
The SAAC committee identifies these needs which may be reflected in departmental budgeting.
Barrier Department City Hall Ramp Property Sarnia Library Property Bright’s Grove Library Washroom Property Kenwick Park washrooms Parks Clearwater Arena power doors Parks Council Audio and closed captioning Property City Hall reception desks on 1st 2nd and 3rd Property floor Website revisions IT Council Chambers renovations Property Curb cuts (sidewalk ramps) Public works Audio Pedestrian lights Engineering Fleet renewal with low floor Accessible buses Sarnia Transit
12 Page 58 of 270 Correspondence #5 October 29, 2012
Appendix B SAAC Size and Composition
Size
Up to 12 volunteer members: • 7 members who are persons with disabilities • 1 member of Council (appointed) • 2 members who are citizen volunteers • 2 members who are professionals from the stakeholder community • Majority must be persons with disabilities
Community Members
Sarnia City Council will appoint committee members for a term of 2 years or as Council requires.
The Committee will be diverse, with members from various backgrounds, interest, experience and expertise to meet the need.
City of Sarnia Representation
Council shall appoint 1 Council member to serve as member of the committee. The length of the term shall be determined by Council.
SAAC Terms of Reference
Goal
SAAC will advise City Council about issues important to persons with disabilities in the community, as defined in the ODA.
Objective
SAAC will identify, and advise in the removal and prevention of barriers faced by persons with disabilities within the City of Sarnia.
13 Page 59 of 270 Correspondence #5 October 29, 2012
Mandate
SAAC will provide advice to council through a municipal plan.
The Advisory Committee will also: - monitor government directives and regulations, - conduct research on accessibility issues - provide public forum workshops, education and communication to the public within the community as required - work with local groups
Mission Statement
SAAC will work towards a barrier free municipality where all people can fully participate.
Purpose
SAAC will: - review section 41 site plans and drawings (Planning Act) as required - advise on accessibility issues regarding the purchase of all goods and services - advise on accessibility of the municipal transit system - review by-laws, policies, programs, practices and services to identify any barriers - complete other tasks as referred by Council or required by Provincial regulations
Administration Process
As a Committee of Council, SAAC shall report to Council through support staff.
At the first meeting of the year, the Committee shall:
• elect a Chair and Vice Chair • establish dates and times for regular meetings throughout the year • review Terms of Reference • generate an annual plan of activities 14 Page 60 of 270 Correspondence #5 October 29, 2012
The committee will have a meeting quorum of a majority of duly appointed committee members.
When needed, the Committee may refer issues to subcommittees. Subcommittees may include individuals who are not members of SAAC, for example city staff, but the chair must be a SAAC member as per the ODA.
The Committee will record minutes and will amend and adopt them at the following meeting.
The committee will have an agenda that is approved by members. The committee will have meetings open to the public with public delegations welcomed. Delegations are required to notify the Accessibility Coordinator at least 1 week in advance to ensure they are placed on the agenda. If a delegation wishes to address the Committee but has not reserved an opportunity, they may do so at the discretion of the Committee.
The Committee may not respond immediately to the presentations by delegations. Time will be taken to consider the points raised, to solicit other points of view or data, and to formulate advice/recommendations for discussions at a future meeting.
If the Committee is concerned that a subject matter under consideration cannot be dealt with in an open forum, advice of the City Solicitor / Clerk may be sought before the matter is discussed. The Chair or Vice Chair of the Committee should answer media request to ensure consistency.
The Committee will strive for consensus on all issues. The Committee will welcome minority views and reflect them in the minutes.
The Committee will vote on resolutions. All members will have one vote and a simple majority carries the motion. A tie vote is lost. As a full member the Chair can vote on any motion.
Committee members shall declare any conflict of interest to the Chair at the beginning of the meeting or at the earliest time known and shall not discuss or vote on the issue.
15 Page 61 of 270 Correspondence #5 October 29, 2012
The Committee can recommend to amend the Terms of Reference. The motion must be endorsed by at least two thirds of the membership of the Committee. Sarnia City Council must approve such changes.
City Staff Support
The Committee shall be provided with staff support. This person will give administrative, procedural and/or technical assistance, will oversee all requests, responses, involvement of various city departments and assist in preparation of any reports, resolutions or replies as necessary. Appropriate city staff will attend the meetings in an advisory capacity, as determined by the agenda topics of the meetings.
Committee Budget
The committee will have a small budget to cover on-going expenses. The staff support will administer the budget. All expenses must be approved by the staff support person. City Council may be approached for funding for special projects.
Job Descriptions
Chairperson
The Chair conducts Committee Meetings, establishes agendas, calls meetings to order, monitors Committee Budget and is the Committee Spokesperson to the media and City Council
Vice Chairperson
Assumes the responsibilities of the Chairperson in his/her absence.
16 Page 62 of 270 Correspondence #5 October 29, 2012
Appendix C Transit Accessibility and Advisory Committee Mission and Goals and Membership
Mission: To be proactive in initiating strategies for the public transportation services in the Sarnia Transit Service area aimed at providing accessible, reliable and affordable services to its citizens in a cost effective manner.
Our goals: • To identify opportunities for improvement through an ongoing work plan developed and monitored by the Committee • To provide a forum for input, exchange of ideas and debate on Transit related issues with all groups represented • To elicit support for the Transit system where appropriate in order to promote a positive image and thereby increase ridership
Membership
Voting Members Appointed by Sarnia City Council: • A minimum of 1 representative from the disabled community • A minimum of 1 representative from Sarnia City Council • A minimum of 3 City residents who are Sarnia Transit riders • A maximum of 1 resident who is a non-Sarnia Transit rider Voting Member appointed by Point Edward Council • A minimum of 1 representative as appointed by Point Edward Council Non-Voting • 1 Sarnia Transit operator as determined by the Director Other Non-Voting Members • Director of Transit • 1 other administrative staff person as designated by the Director
17 Page 63 of 270 Correspondence #5 October 29, 2012
Appendix D Organization Chart
The following chart describes the reporting organization of SAAC and its staff.
18 Page 64 of 270 Correspondence #6 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CENTENNIAL CELEBRATION COMMITTEE
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Liz Kenny, Centennial Celebration Chair
DATE: October 23, 2012
SUBJECT: Centennial Celebration - Logo
Recommendation: It is recommended:
1. That Sarnia City Council approve the logo for the Centennial Celebration.
Background & Comments: The Public Relations Team has taken the lead on the development of the logo for the Centennial which is intended to create a visual brand/identity for the Centennial Celebrations.
The Committee identified that the following themes were of greatest importance to the community, and needed to be represented in the logo:
• Heritage • Innovation • Environment
Several design concepts had been presented to the committee, and after tremendous feedback from the committee members, the attached design concepts were selected by the members of the Centennial Celebration Committee.
The lower half of the circular image can been seen as a geographical representation of Sarnia as a waterfront community. The water represents the environment, innovation and heritage as the St. Clair River was the driver for the beginning of the petrochemical industry in the City.
Page 65 of 270 Correspondence #6 October 29, 2012
The circular image can be seen as arms embracing the community.
The leaf represents environmental consciousness, innovation, sustainability and the future growth of the community. It can also be seen as a representation of the City’s agricultural and rural areas.
Following the approval of an identity for the Centennial Celebrations, the Committee will immediately work to secure a trademark on it, so legal ownership can take place. Following approval on the initial trademarking phase, the committee will move to establish formal graphic standards manual that will be used as communication tool explaining in detail how the approved logos can be used.
Consultation: The design concepts were also shared with small groups of people in the Committee’s respective workplaces to get their reaction and feedback.
Financial Implications: Professional services for the logo’s design were done on a voluntary basis. Anticipated costs for the trademarking process are estimated to be $1500.00 - $3000.00.
Reviewed by: Approved by:
“Liz Kenny”
Liz Kenny, Lloyd Fennell Centennial Celebration Chair City Manager
Attachment(s): Logo Concept
Page 66 of 270 Correspondence #6 October 29, 2012
Page 67 of 270 Page 68 of 270 Notice of Motion #1 October 29, 2012
Notice of Motion for October 29th, 2012
Submitted by Councillor Jim Foubister
That staff be directed to report back on the feasibility and estimated costs for the creation of a Toboggan Hill at Woodstone Park.
Page 69 of 270 Page 70 of 270 Minutes of September 24, 2012
MINUTES OF THE CORPORATE PRIORITIES/STRATEGIC PLANNING MEETING OF SARNIA CITY COUNCIL
8:00 a.m. – MONDAY, SEPTEMBER 24, 2012 COUNCIL CHAMBERS, CITY HALL, SARNIA
A Special Meeting was held. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, T. Burrell, J. Foubister, A.M. Gillis, M. Kelch, and B. MacDougall, and J. McEachran
PRESENTATIONS
1. Sarnia's Transportation/Transit Master Plan Presentation and Strategic Questions
Mr. Don Drackley and Mr. Chris Prentice of IBI Group gave a PowerPoint presentation with respect to the Transportation/Transit Master Plan study. They discussed the scope, purpose and issues relating to the study and responded to questions from Council. Questions were posed to Council, as a focus group, to receive input on issues and priorities.
Councillor Gillis left the meeting at 9:16am.
2. Director of Planning and Building, dated September 18, 2012, regarding Sign Bylaw Review: Discussion Paper
The Director of Planning and Building gave a PowerPoint presentation with respect to the review of the Sign By-Law. He discussed the plans for public consultation and the process for the creation of the by-law, and responded to questions from Council.
In response to a question from Councillor Kelch regarding electronic portable digital signs that can be programmed remotely, the Director of Planning and Building indicated that he would look into this type of sign.
Mayor Bradley suggested that staff such as Public Works and Parking could also assist with the enforcement of the by-law. The City Manager advised that staff are reviewing the enforcement process and the potential for multiple departments to be involved in this.
Page 71 of 270 Minutes of September 24, 2012
INFORMATION ITEMS
1. City Manager, dated September 19, 2012, regarding Attrition Program Update
For Information
Moved by Councillor Kelch, seconded by Councillor Burrell, and carried:
That the meeting adjourn.
The meeting adjourned at 9:30am.
______Mayor
______City Solicitor/Clerk
Page 72 of 270 Minutes of October 1, 2012 October 1, 2012
4:00 p.m. – MONDAY, OCTOBER 1, 2012 COUNCIL CHAMBERS, CITY HALL, SARNIA
Council met, in regular session, for the transaction of general business. Mayor Bradley took the Chair and the following Members of Council were present: Councillors D. Boushy, A. Bruziewicz, T. Burrell, J. Foubister, A.M. Gillis, M. Kelch, and B. MacDougall
Absent: Councillor J. McEachran
THERE WAS NO CLOSED MEETING
"O CANADA" In accordance with City Council’s policy, the National Anthem was played.
OPENING PRAYER Mr. Andy Boychuk of The Gathering Place attended and opened the meeting with prayer.
Disclosures of Pecuniary Interest (Direct or Indirect) and the General Nature Thereof Councillor Boushy declared a pecuniary interest with respect to Correspondence #3 - Parking Restrictions on Lakeshore Road, as his home is in this area.
PRESENTATIONS 1. Sarnia Pacers Ontario Lacrosse Midget "C" Provincial Champions
Mr. Mike Thompson and Mr. Michael Fleming, Coaches for the Sarnia Pacers Ontario Lacrosse Midget "C" Team, described the team’s final tournament which led to their Provincial Championship win.
Mayor Bradley and Councillor Burrell welcomed each player on the stage, and congratulated them on their win.
2. 2012 City of Sarnia Accessibility Awards
Susan Weatherston, Accessibility Coordinator, Mr. Garry McDonald, President of the Sarnia-Lambton Chamber of Commerce, and Councillor Bruziewicz presented the 2012 City of Sarnia Accessibility Awards to the following recipients:
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Page 73 of 270 Minutes of October 1, 2012 October 1, 2012
• Sarnia Wal-Mart Supercentre, accepted by Martin Genier, Store Manager • New Beginnings, Sarnia-Lambton Stroke Recovery Association, accepted by Lori Gall • Dr. Gordon Warren, accepted by Andrea Dirks • Exit Realty Twin Bridges, accepted by Chris Gordon • McDonalds Christina St. Location, accepted by Peter & Colleen Buckley and Casey Marshall
DELEGATION
1. Paul McDonald, dated September 6, 2012, regarding Concerns with Local Home Catering Business
Mr. Paul McDonald, of 682 Orchard Ave. expressed his concerns about a home catering business which operates in his neighbourhood. Mr. McDonald advised that he is looking into his legal options unless the situation is rectified.
CORRESPONDENCE
1. Director of Economic Development and Corporate Planning, dated September 24, 2012, regarding City of Sarnia Integrated Community Sustainability Plan
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That Sarnia City Council adopt in principle the City of Sarnia Integrated Community Sustainability Plan (ICSP) and the Plan be circulated to local stakeholders for comment.
That a final report and recommended Plan be prepared for Council's consideration.
Questions were raised about the involvement of the St. Clair Region Conservation Authority and private industry. It was indicated that the Conservation Authority and the Sarnia-Lambton Chamber of Commerce would be included in the Stakeholder Consultation Process.
2. City Engineer, dated September 24, 2012, regarding Ministry of the Environment (MOE) – Inter-Recycling Systems (IRS) Landfill Site – Site Closure and Demolition Permit
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Page 74 of 270 Minutes of October 1, 2012 October 1, 2012
Moved by Councillor Foubister, seconded by Councillor Boushy, and carried:
That Council allow staff to immediately issue the demolition permit for 1620 Blackwell Road, as part of the MOE Site Closure Plan for the IRS Landfill Site, and allow the current tax arrears of $29,526.73, to remain as a lien on the property.
Concerns were raised by Council regarding in the inability of the MOE to settle the tax arrears on the property when they have a $3.7 million budget for the site closure.
In response to a question from Councillor MacDougall regarding pumping of water from the West Pond for the placement of landfill material, the City Engineer advised that a report would be presented to Council on October 29, 2012 which will address these and other issues associated with the closure of the landfill site.
Mr. Mike Moroney of the MOE was present and responded to questions from Council. He advised that a landfill closure plan was carefully developed to ensure a safe closure of the site.
3. City Solicitor/Clerk, dated September 26, 2012, regarding Parking Restrictions on Lakeshore Road Reconsideration
Councillor Boushy left the meeting while this item was being considered.
Moved by Councillor Kelch, seconded by Councillor Gillis, and carried:
That this item be tabled to the next meeting following notice being provided to affected residents.
At the suggestion of Councillor Burrell, a map of the current bike trails in the City will be provided to Council when this item is considered by Council.
4. Human Resources Manager, dated September 21, 2012, regarding Employee Group Extended Health & Dental Benefits
Moved by Councillor Kelch, seconded by Councillor Gillis, and carried:
That Council approve the transfer of employee group extended health and dental benefits to Green Shield Canada; and
3
Page 75 of 270 Minutes of October 1, 2012 October 1, 2012
That the Mayor & City Solicitor/Clerk be authorized to execute any required documents
5. City Engineer, dated September 12, 2012, regarding Sewer Use Agreement with County of Lambton for the Blackwell Landfill Site
Moved by Councillor Foubister, seconded by Councillor Burrell, and carried:
That the Engineering Department be authorized to resume negotiations for a Sewer Use Agreement between the City of Sarnia and County of Lambton as provided by the “Sewer Use By-law”, the “By-law to Control the Design and Construction of Sewers” and the “Fees for Services” to facilitate acceptance of the Blackwell Landfill leachate as sewage to the City of Sarnia sanitary sewer system.
MINUTES
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That the Minutes of September 10, 2012 (Regular Meeting), and the Minutes of September 10, 2012 (Closed Meeting) as printed, be adopted.
INQUIRIES, INFORMATION AND URGENT MATTERS
1. Notice of Motion – Toboggan Hill Woodstone Park Councillor Foubister advised Council that he had circulated a Notice of Motion for the October 29th meeting dealing with the feasibility and cost for a toboggan hill at Woodstone Park.
ROUTINE APPROVALS, ACTION AND INFORMATION
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That Items A to I, under Routine Approvals, Action and Information be introduced.
A. City Engineer, dated September 20, 2012, regarding Luckins Drain West and Luckins Drain East Provisional By-law (see by-law #2)
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Page 76 of 270 Minutes of October 1, 2012 October 1, 2012
That Council adopts the Engineer’s Report dated August 31, 2012 for the proposed improvements to the Luckins Drain West and Luckins Drain East and give 1st and 2nd reading to the Provisional By-law for the project
B. City Engineer, dated September 25, 2012, regarding Encroachment Agreement with the County of Lambton – Judith & Norman Alix Art Gallery (see by-law #3)
That Sarnia City Council authorizes the Mayor and Clerk to execute an Encroachment Agreement with the County of Lambton for projecting banner signs encroaching over City property
C. City Solicitor/Clerk, dated September 13, 2012, regarding Condo Conversion of Transglobe Apartments Citizen Inquiry
For Information
D. Rosemary Maharaj, dated September 12, 2012, regarding Balloon Releasing (Placed on the Agenda at the Request of Mayor Bradley)
Received and Filed
E. Stephanie Murchison, dated September 9, 2012, regarding Safety Concerns in the area of Confederation Road/Line and Modeland Road (Placed on the Agenda at the Request of Mayor Bradley)
Referred to Staff for a Report
Councillor Burrell requested that the report also include information on street lighting in the area.
F. The Regional Municipality of Durham, dated July 10, 2012, regarding Provincial Offences Act Unpaid Fines (Placed on the Agenda at the Request of Councillor Foubister and Councillor MacDougall)
Received and Filed
G. Human Resources Manager, dated September 21, 2012, regarding Human Resources Function for Sarnia Police
For Information
5
Page 77 of 270 Minutes of October 1, 2012 October 1, 2012
Moved by Councillor Gillis, seconded by Councillor MacDougall, and carried:
That staff be directed to prepare a similar report regarding the HR Function for Fire Services.
H. Director of Parks and Recreation, dated September 25, 2012, regarding Public Art Display in Centennial Park – Calder Heights
Moved by Councillor MacDougall, seconded by Councillor Kelch, that this item be tabled pending approval of a policy for art in public places, was lost when put to the vote.
I. City Engineer, dated October 1, 2012, regarding Waste Contract – Information Follow-up
For Information
In response to a question from Councillor MacDougall regarding waste collection contractors being required to get fuel under the City’s contract, the Director of Finance advised that this was being reviewed and staff would be reporting back to Council on this.
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That Items A to R, under Routine Approvals, Action and Information, as recommended or approved by this Council, be adopted and appended to the Minutes.
CIVIC REPORTS
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That the Civic Reports be Received and Filed
1. Plumbing Report August 2012
BY-LAWS
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That By-Laws No. 1-3, as printed, be introduced for the first and second reading thereof, and be taken as read for the first and second time.
6
Page 78 of 270 Minutes of October 1, 2012 October 1, 2012
1. For 1st, 2nd and 3rd Readings: A By-law to Confirm the Proceedings of Council at its meeting held on October 1, 2012 (By-Law #72 of 2012)
2. For 1st and 2nd Readings: A By-law to Provide for a Drainage Works within the Luckins Drain West and Luckins Drain East In the City of Sarnia in the County of Lambton (see Agenda Info Item A) (By-Law #73 of 2012)
3. For 1st, 2nd and 3rd Readings: A By-law to Authorize an Agreement with The Corporation of the County of Lambton Re: 147 Lochiel Street – Banner Encroachment (see Agenda Info Item B) (By-Law #74 of 2012)
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That By-Laws No. 1 & 3, as printed, be taken as read the third time and finally passed.
ADJOURNMENT
Moved by Councillor Gillis, seconded by Councillor Kelch, and carried:
That Sarnia City Council adjourn to its next regular meeting to be held on Monday, October 29, 2012.
The meeting adjourned at 5:10pm
______Mayor
______City Solicitor/Clerk
7
Page 79 of 270 Page 80 of 270 Agenda Info Item A October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CA Director of Finance
DATE: October 18, 2012
SUBJECT: 2013 Budget – Interest on Bluewater Power Promissory Note
Recommendation: This report is for Council’s information only.
Background: The interest on the promissory note from Bluewater Power is an important revenue source in the City’s operating budget. The 2012 budget includes interest in the amount of $1,274,798. Interest at a rate of 7.62% on the City’s promissory note with Bluewater Power has been in the City’s budget for a number of years. Due to an Ontario Energy Board (OEB) change in permitted interest rates, the amount of revenue for the 2013 budget was projected to decrease by approximately $400,000. The OEB deemed or permitted interest rate for 2013 and future years was to be 4.5%. This loss of revenue would have resulted in an approximate 0.7% increase in the property tax levy for 2013.
Comments: Staff at Bluewater Power, as part of 2013 City budget process, have been working on ways to mitigate the impact of this lost interest revenue on the 2013 budget. Bluewater Power staff, with the support of Bluewater Power’s Board of Directors, has provided member municipalities with a letter of support for 2013 in which they agree to make our 2013 promissory note interest approximately equal to the 2012 amount.
City Staff would like to acknowledge the importance of this strategy from Bluewater Power in helping the City achieve a lower starting point for the property tax levy in the 2013 draft budget. We would also like to reinforce Bluewater Power’s staff concerns that any increase in dividends will not be
Page 81 of 270 Agenda Info Item A October 29, 2012
possible for 2013 as Bluewater Power will need all of their financial resources to ensure the City and other member municipalities are kept whole with respect to promissory note interest.
Consultation: City staff brought the impacts of the OEB decision to reduce the permitted interest rate on promissory note interest to the attention of Bluewater Power staff. Bluewater Power staff worked closely with City staff in order to mitigate these impacts during 2013. City staff would like to thank Bluewater Power for their ability to provide a solution for this issue in 2013.
Financial Implications: The 2013 draft operating budget includes interest and dividends from Bluewater Power at the same levels as were approved in the 2012 operating budget. The lower permitted rate of interest on promissory notes, as set by the OEB, would have created a $400,000 shortfall in interest revenue for the City in 2013.
Prepared by: Approved by:
Brian McKay, CA Lloyd Fennell Director of Finance City Manager
Attachment(s): Correspondence from Bluewater Power on 2013 Financial Returns.
Page 82 of 270 Agenda Info Item A October 29, 2012
Page 83 of 270 Agenda Info Item A October 29, 2012
Page 84 of 270 Agenda Info Item B October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 23, 2012
SUBJECT: Boards and Committees of Council
Recommendation: For Council’s Information
Background & Comments: As we approach the end of the year, it is time once again for the recruitment and selection of volunteers from within our community to sit on various committees for the remainder of the Council term (2013-2014).
Our committees provide input, knowledge, and guidance on a number of decisions made by Council, and we are once again looking to recruit a diverse group of innovative, bright, and hardworking individuals who will generously give of their time for Sarnia.
A copy of an ad which will be placed in the Civic Corner, the City’s webpage, and on our Facebook page has been attached for Council’s information together with a sample application form.
It is expected that Council will be considering Committee appointments at the December 10, 2012 meeting of Council.
Consultation: All City Departments with involvement in Boards and Committees will be consulted as we proceed with the recruitment process.
Financial Implications: There are no financial implications resulting from this report.
Page 85 of 270 Agenda Info Item B October 29, 2012
Prepared by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): Advertisement Application Form
Page 86 of 270 Agenda Info Item B October 29, 2012
VOLUNTEER YOUR SKILLS TO HELP YOUR COMMUNITY 2013- 2014 COMMITTEE APPOINTMENTS FOR THE CITY OF SARNIA
Are you interested in becoming actively involved with your Community regarding local municipal issues? Sarnia City Council is proposing to make appointments to the following Committees for the 2013 - 2014 term, and individuals, from a variety of backgrounds, are invited and encouraged to contribute their time and skills to the City. These appointments allow individuals a chance to volunteer their highly valued skills and knowledge to strengthen our shared sense of community.
How Do I get Information?
A brief overview of the various Boards and Committee’s can be viewed at www.sarnia.ca - City Services – Board & Committees. If further information is required please contact the City Representative listed below.
COMMITTEE and CONTACT NAME with PHONE NUMBER
Bi-National Public Advisory Council Remedial Action Plan for the St. Clair River (BPAC) Andre Morin - 332-0330 Ext. 279
Bluewater Trails Committee Lynn Bouchard - 332-0330 Ext. 202
Courts of Revision – Local Improvement Act And the Drainage Act Joan Knight - 332-0330 Ext. 264
Environmental Advisory Committee Nancy Bourgeois - 332-0330 Ext. 295
Fence Viewers Joan Knight - 332-0330 Ext. 264
Lambton County Historical Society Joan Knight - 332-0330 Ext. 264
Lambton Farm Safety Association Joan Knight - 332-0330 Ext. 264
Planning Advisory Committee Kim Bresee - 332-0330 Ext. 292
Page 87 of 270 Agenda Info Item B October 29, 2012
Poultry and Livestock Valuator Joan Knight - 332-0330 Ext. 264
Municipal (Sarnia) Heritage Committee formerly (LACAC) (Sarnia Heritage Committee) Max Williams - 332-0330 Ext. 293
Sarnia Accessibility & Advisory Committee (SAAC) Susan Weatherston- 332-0330 Ext. 307
Sarnia Transit Advisory Committee Jim Stevens - 332-0330 Ext. 315
Sarnia Police Services Board Scott McEachran - 332-0330 Ext. 347
Urban Wildlife Committee Ian Smith - 332-0330 Ext. 200
How Do I get an Application?
If you are interested in being appointed to one or more of these Committees, applications are available and may be picked up at City Hall, Clerk's Department, 2nd Floor, or you may call 332-0330 Ext. 264, to have an application sent to you.
An Electronic Application is also available on the City of Sarnia website www.sarnia.ca
How Do I Apply?
Mail or Deliver to 255 N. Christina Street, Sarnia, ON N7T 7N2 Attention: City Solicitor/Clerk
On-Line: www.sarnia.ca
Fax: 519-332-3995 e-mail: [email protected]
TTY#: 519-332-2664
Look for us on Facebook
Page 88 of 270 Agenda Info Item B October 29, 2012
Your completed application must be received by the City Clerk’s Department no later than 12:00 noon, Friday, November 30th, 2012.
Brian W. Knott City Solicitor/Clerk
Page 89 of 270 Agenda Info Item B October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA
APPLICATION FOR APPOINTMENT TO
BOARDS & COMMITTEE’S – 2013/2014 TERM
NAME: (please print)
ADDRESS:
CITY/POSTAL CODE:
DAYTIME TELEPHONE:
EVENING TELEPHONE:
EMAIL ADDRESS:
Availability to Regularly Attend Meetings (2 year Term):
Daytime: Evening:
If applying for more than one Committee what Committees are you Interested In? (Please list in order of preference)
What Interests you most about the Committee:
Page 90 of 270 Agenda Info Item B October 29, 2012
What is your understanding of the mandate or responsibilities of the Committee?
What kind of volunteer or work-related experiences have you had and how would these enhance the work of the Committee?
Describe your previous volunteer experience in the Community:
Why do you wish to serve on this Committee:
Youth (19 – 30) Are you interested in Serving as a Youth Representative on a Committee:
____ Yes
____ No
If Appointed to a Committee, are you willing to have your name and telephone number made available to the public:
____ Yes
____ No
Date:
Signature:
Please return application to City Solicitor/Clerk, City Hall, Sarnia, by 12:00 Noon, Friday, November 30th, 2012
Page 91 of 270 Agenda Info Item B October 29, 2012
Personal information on this form is collected under the authority of section 28(2) of The Municipal Freedom of Information and Protection of Privacy Act Chap. M.56 RSO 1990, and will be used for the purposes of making appointments to Boards and Committees. Any questions about the collection of this information may be addressed to the City Clerk, City Hall, 255 N. Christina Street, Sarnia, Ontario, or telephone 332-0330, Extension 262.
You may wish to attach a resume or any additional information that would be helpful to Council in its selection process
Page 92 of 270 Agenda Info Item C October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CA Director of Finance
DATE: October 18, 2012
SUBJECT: 469 Confederation Street – Municipal Tax Sale Extension Agreement
Recommendations: It is recommended:
1. That Sarnia City Council authorize an Extension Agreement between The Corporation of the City of Sarnia and Darlene Michelle Whetham with respect to the property at 469 Confederation Street, Sarnia; and
2. That Sarnia City Council authorize the Mayor and City Solicitor/Clerk to execute such Agreement.
Background: As a result of outstanding taxes being owed in excess of three years, a Tax Arrears Certificate was registered September 18, 2012 for the property located at 469 Confederation Street, Sarnia. The registered owner of the property is Darlene Michelle Whetham.
The Cancellation Price as of October 18, 2012 is $6,383.51. This amount is made up of tax, penalty, interest charges plus the costs associated with commencing tax sale procedures.
Comments: Under the Municipal Act, 2001, a person who has an interest in land which has a Tax Arrears Certificate registered against it has up to one year from the date of registration of the Tax Arrears Certificate to pay the Cancellation Price before the municipality is in a position to advertise the property for sale.
Page 93 of 270 Agenda Info Item C October 29, 2012
In accordance with section 378 of the Municipal Act, 2001 after the registration of the Tax Arrears Certificate and before the expiry of the one year period, a municipality may pass a by-law authorizing an Extension Agreement with the owner of the land, the spouse of the owner, a mortgagee or a tenant in occupation of the land, extending the period of time in which the Cancellation Price is to be paid.
Consultation: Darlene Michelle Whetham as well as Legal Services have been consulted and are in agreement with this report.
Financial Implications: In accordance with the payment schedule attached to the by-law, payment of $410.00 will be received monthly for the next two years.
Reviewed by: Approved by:
Brian McKay Lloyd Fennell Director of Finance City Manager
This report was prepared by Ronda McIntyre, Tax Analyst
Attachment(s): None
Page 94 of 270 Agenda Info Item D October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 12, 2012
SUBJECT: Façade Loan Postponement 132-136 Front Street North and 138-140 Cromwell Street
Recommendations: It is recommended:
1. That Sarnia City Council ratify and confirm the execution of a postponement of interest in relation to the Façade Loans for 132-136 Front Street North and 138-140 Cromwell Street, Sarnia in favour of CIBC Mortgages Inc.
Background: The City of Sarnia approved a Façade Loan for 132-136 Front Street North in the amount of $34,607 in 2009. At that time, the City was sitting in third position behind two mortgagees with a combined amount of $276,000.
The City of Sarnia also approved a Façade Loan for 138-140 Cromwell Street in the amount of $40,000 in 2009. At that time, the City was sitting in second place behind a private mortgagee in the amount of $32,000. At Sarnia City Council’s meeting on June 13, 2011, Council passed a resolution consenting to postponing the City’s Façade Loan on the property in favour of a CIBC mortgage in the amount of $188,000 as the private mortgage was retired.
Both properties are owned by 1565603 Ontario Limited.
Comments: Staff received correspondence from the solicitor for the owner requesting a postponement of interest in the City’s two Façade Loans to facilitate the refinancing of the two properties. The refinancing transaction was scheduled
Page 95 of 270 Agenda Info Item D October 29, 2012
to close on September 28th, 2012 and the documents were executed to facilitate this closing.
There is now one new blanket mortgage for $420,000 in favour of CIBC Mortgages Inc. that covers both properties and replaces the current $464,000 of registered mortgages against the two properties. The City’s Façade Loans are now in second position for both properties as the previous mortgages have been paid out and discharged.
Consultation: Staff of the Planning and Building and Finance departments as well as the solicitor for the owner were consulted.
Financial Implications: Both Façade Loans are being paid consistently and in a timely manner. The amount outstanding on the 132-136 Front Street North property is $23,557.17 which is as of July, 2012 and the amount outstanding on 138- 140 Cromwell Street property is $27,228.09 which is also as of July, 2012. The City has improved its position with respect to the Façade Loan for the 132-136 Front Street North property and remains in the same position for the 138-140 Cromwell Street property.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment(s): None
c.c. M. Williams
Doc: L:\LAW CLERK\FACADE LOANS\FRONTN132 136 CROMWELL138 140 POSTPONE-RTC-OCT12-12.AD1 (FILE #86-2556)
Page 96 of 270 Agenda Info Item E October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng. City Engineer
DATE: October 22, 2012
SUBJECT: IRS Landfill – MOE Site Closure Off-site works - Update
It was staff’s intention to bring forward two additional reports to the October 29th meeting of council pertaining to the IRS landfill site and the MOE’s site closure plan. These reports were to discuss an extension of the West Drain municipal drain, a memorandum of understanding being proposed between the MOE and the City of Sarnia, to construct a storm sewer on Thurston Drive, and to address the tax arrears on the property.
Unfortunately, due to some of the questions raised at the Council Meeting on October 1, 2012, and time constraints/challenges to meet with Ministry of the Environment Staff to discuss outstanding items and concerns, at this time, Engineering Staff do not feel that all the relevant information is available for a complete report to Council.
We will endeavor to meet with MOE staff and prepare these reports for a future meeting of City Council, in November or December.
Page 97 of 270 Page 98 of 270 Agenda Info Item F October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: September 26, 2012
SUBJECT: Dedicate Land as part of London Road and as part of East Street
Recommendations: It is recommended:
1. That Sarnia City Council dedicate Part 1 on Reference Plan 25R-9913 as public highway.
Background: At Sarnia City Council’s May 9th, 2011 meeting, the following resolution was adopted:
“THAT staff proceed with the purchase of a 50 sq.ft. daylight triangle at the southwest corner of London Road/East Street.”
Comments: Reference Plan 25R-9913 was commissioned showing Part 1 as the daylight triangle (see attached). A Transfer was registered February 14th, 2012 in favour of the City. Staff have been in contact with the mortgagee on the property located at 515 London Road to request a partial discharge of the mortgage over Part 1 only. The partial discharge has now been registered on September 26th, 2012 and it is appropriate to dedicate this parcel as public highway forming part of London Road and East Street to the extent that it fronts on London Road and East Street respectively.
Consultation: The mortgagee on the property located at 515 London Road has been consulted with respect to obtaining a partial discharge of mortgage over the portion to be dedicated as public highway. The Engineering department has also been consulted and is in agreement with this report.
Page 99 of 270 Agenda Info Item F October 29, 2012
Financial Implications: The only financial implication will be the $71.30 registration cost for the dedicating by-law.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment(s): Reference Plan 25R-9913 c.c. R. Williams, Construction Manager
Doc: L:\LAW CLERK\REAL ESTATE\LONDON EAST DEDICATE-RTC-SEPT26-12.AD1 (FILE #11-77)
Page 100 of 270 Agenda Info Item F October 29, 2012
Page 101 of 270 Page 102 of 270 Agenda Info Item G October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 22, 2012
SUBJECT: Strangway Centre Bequest – Mary Jane Boyes
Recommendation: For Council’s Information
Background Comments: The Strangway Centre received a Bequest from Mary Jane Boyes for the purpose of creating an endowment fund with only the annual interest to go towards operations funding in order to assist keeping the 50 plus membership costs at a reasonable rate. At the time the matter was considered by Council, a member of Council inquired as to whether at some point the City could access the capital.
Staff had had an opportunity to review this matter with a Solicitor familiar with wills and estate law. It has been confirmed, as indicated in the original report, that there will be no ability on the part of the City to access or encroach upon the fund.
Consultation: The firm Cohen Highley, LLP has provided input on this matter.
Financial Implications: The City received a generous bequest under Mrs. Boyes Estate totaling $151,318.45. Under the terms of the will, interest will continue to be recovered and used for the purposes indicated.
Page 103 of 270 Agenda Info Item G October 29, 2012
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Scott McEachran, Assistant Solicitor
Attachment(s): None
Page 104 of 270 Agenda Info Item H October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 23, 2012
SUBJECT: Sharing of Services
Recommendation: For Council’s Information
Background: Council had previously requested staff to explore the possibility of sharing services with other municipalities. A copy of the 2011 report on this issue which outlines some of the background and steps taken has been attached for Council’s information.
Comments: A review of some further areas has been undertaken and details on these are set forth below:
i. Hard Services Sharing i.e. Sewage Lagoons Engineering staff were asked to investigate the possibility of tying into the Plympton-Wyoming Sewage Treatment Facility as a service sharing measure and in order to help alleviate the sewage capacity concerns in the Bright’s Grove Lagoons.
Engineering staff did conduct a preliminary review of the infrastructure that would be required to connect to the Plympton-Wyoming Sewage Treatment Facility. At a minimum, a new pumping station and forcemain would be required, with significant Ministry of the Environment approvals required to send our sewage to a neighbouring municipality. The estimated cost for construction of a new pumping station and forcemain is $7,000,000, which does not include, land acquisition or easement agreements, or the yearly cost to pay Plympton-Wyoming for the treatment of Sarnia sewage.
Page 105 of 270 Agenda Info Item H October 29, 2012
In the view of the Engineering Department, this is a non-feasible short term option, both financially and functionally, for addressing the sewage capacity of the Bright’s Grove Lagoons.
Stantec Consulting are currently undertaking the Environmental Assessment Process to investigate various options to address the capacity of the Bright’s Grove Lagoons. A public information meeting, which is a mandatory requirement of the EA process, is tentatively scheduled for January 2013, for the Bright’s Grove Lagoons. The date is dependent on when the final Sanitary Sewer Master Plan Document is presented to Sarnia City Council.
Stantec have investigated a number of feasible options (with promising initial discussions with MOE staff) to modify the existing lagoons and introduce different technology to address the capacity concerns, on site.
ii. Bulk Purchasing Staff have also reviewed the potential for service sharing in bulk purchasing, and the details are set forth below:
Items the City currently participates in or has purchased through a group:
• Road Marking Paint and supplies
• Metrolinx for Transit Buses
• Finance Software
• Banking Services
• Waste Collection
• Recycling Processing
Items with the Police Buyers Group:
• Vehicles
• Uniforms
• Tires
• Light Bars
• Police Safety Products (Some also used in other departments)
Page 106 of 270 Agenda Info Item H October 29, 2012
The former Chatham Kent Lambton Administrators Group (CKLAG), of which Sarnia was a member, is currently involved in group purchasing opportunities as follows:
• Elevator Servicing (do not participate, but under review)
• Rent-A-Car (not used due to our fleet size)
• Electric Light Bulbs
• Fine Paper
• Janitorial Supplies (do not participate as the large list of items does not provide an advantage)
• Postage Machine (do not participate, but under review)
• Long Distance Telephone
• WAN (City did its own and achieved a better price and terms of contract)
• HVAC Filters
• Gasoline and Diesel Fuels
The Broader Public Sector (BPS) options with the Province are also available and considered when pricing is advantageous:
• IT software / hardware
• Courier Services
• Uniform Supplies (Fire and Police)
• Vehicle Auction Services
• Fresh Bread and Bun Products
• General Office Products
• Toner Cartridges
• Paper Shredding Services
• Copier Lease
Page 107 of 270 Agenda Info Item H October 29, 2012
• Fine Paper
• Wireless Phone and Device Services
• All-Terrain Vehicles (purchased for Police last year)
• Office Furniture
AMO also provides group buying benefits which are considered when appropriate:
• Gasoline and Diesel fuel
• Group Benefits
• Energy Management
• General Insurance
• Electricity
• Natural Gas
iii. Accessibility Issues Much of this support is delivered through the Ontario Network of Accessibility Professionals, which is a network of 79 accessibility staff in municipalities across the province. Networking is done through quarterly meetings, and regular use of email amongst the network. The City benefits primarily by accessing other municipalities programming and policy development expertise, and the City of Sarnia contributes training, human resources and human rights perspectives. In addition we regularly receive questions directly from local municipalities that do not have significant human resources staff.
Recent requests have covered:
• Provided accessible documentation train the trainer sessions to the County of Lambton as part of delivering our own accessible documentation training. The County is now delivering the training to their staff and offering spaces to local municipalities. • Used ONAP network to find accessible documentation samples of library resources for Lambton County librarians • Provided accessibility information particularly about the Integrated Standard through the local Public Sector Training Committee to school boards and hospitals and municipalities in Lambton and Kent Counties
Page 108 of 270 Agenda Info Item H October 29, 2012
• Shared new funding stream information with public and private sector partners • Shared information from Lambton County’s Lambton Renovates program with SAAC committee members • Coordinate with the Human Resources Professionals Association, to deliver additional accessibility training to HR staff from County of Lambton, OLG, private and public sector. • Multiple queries from local municipalities and individuals about grants for making accessibility renovations to private homes • Multiple queries from municipalities and individuals about inaccessible private dwellings, mainly about parking and heavy doors • Sharing information about structure of accessibility budgets with other municipalities • Share other municipalities’ accessible transit policies with Sarnia Transit and other municipalities • Multiple queries and sharing with private sector regarding customer service standard training best practices and advice on filing accessibility reports • Shared information about accessible gardening • Visited a number of locations of businesses, non-profits and several municipal offices to assess accessibility based on accessibility award nominations
In addition, within the last year, accessibility staff have provided assistance by delivering direct training to Bluewater Power, The County of Lambton staff, and Human Resources Professionals Association chapter meetings. Consultation services have also been provided to a variety of municipal staff from other local municipalities.
Consultation: The City Engineer, Purchasing Agent, and Accessibility Coordinator were consulted and provided comments for this report. Staff will continue to explore opportunities for sharing of services and meet with other municipalities as required.
Financial Implications: There are no financial implications arising from this report at this time.
Page 109 of 270 Agenda Info Item H October 29, 2012
Prepared by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): Sharing of Services Report – November 2011
Page 110 of 270 Agenda Info Item H October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: November 9, 2011
SUBJECT: Sharing of Services by Local Municipalities
RECOMMENDATION For Council’s Information
BACKGROUND During the 2011 budget sessions, the Sarnia Lambton Chamber of Commerce asked both the City of Sarnia and the County of Lambton to review the potential for service delivery consolidation with the goal of reducing costs while maintaining services. As a result of this request, Sarnia City Council passed a resolution directing staff to explore the possibility of sharing services with other municipalities in Lambton County with full cost recovery. Letters were sent to each municipality in Lambton County and to Lambton County Council to see if they might be interested in following up on such a direction. Responses were received from a number of municipalities, and in many of these, the responses indicated that there was some interest in pursuing this initiative, and that staff would be reviewing areas where such sharing of services might be possible.
COMMENTS Over the last month, a couple of meetings have taken place between representatives of the City of Sarnia and County municipalities.
The following attended the sessions:
• County of Lambton • City of Sarnia • Township of Dawn-Euphemia • Township of Enniskillen • Town of Petrolia • Town of Plympton Wyoming • Village of Point Edward • Township of St. Clair
It was the feeling of the group that it would be beneficial, first of all, to generally list some of the areas in which there is a sharing of services already in place. Cooperation between the
Page 111 of 270 Agenda Info Item H October 29, 2012
municipalities already occurs on a daily basis for a myriad of issues, but some of the major areas noted include:
• LAWSS joint water operations (6 municipalities) • Bluewater Power (6 municipal shareholders) • Waste Management RFP (5 municipalities) • Transit Service between City of Sarnia and Point Edward • 911 Dispatch and Mutual Aid Agreements • Court Security • Road Maintenance Agreements between Municipalities • Contract Planning, Building, Plumbing and Prosecution Services provided by County to member municipalities • Library System • Development of Tax Policies
In reviewing the potential for shared services, the group of interested municipalities brought forward a series of areas in which further consultation would be required. Such service areas include:
• Possible Expansion of Transit Services • Insurance and Risk Management Issues • Sharing of Expertise on Human Resource Issues • Sharing of Expertise on Legal issues • Assistance to deal with Accessibility (AODA) Requirements • Bulk Purchasing Possibilities • Review Group Benefit Coverage Potential • Hard Services Sharing i.e. sewage lagoon capacity
Now that we have established some interest and direction in the possibility of sharing services, further meetings will be held with the interested municipalities to review the details from an operational and financial perspective in order to determine the potential for sharing of services. Once this has been completed, we will be reporting back to Council.
CONSULTATION Communication with all Lambton County Municipalities has taken place, and meetings held with those interested in pursuing the shared services initiative.
FINANCIAL IMPLICATIONS There are no financial implications arising from this report at this time.
Page 112 of 270 Agenda Info Item H October 29, 2012
Prepared by: Reviewed by:
______Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): None
Page 113 of 270 Page 114 of 270 Agenda Info Item I October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CORPORATE SERVICES
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Peter B. Hungerford, MCIP, RPP Director of Economic Development & Corporate Planning
DATE: October 22, 2012
SUBJECT: Sarnia 402 Business Park & Easement to Cogeco Cable Canada GP Inc.
Recommendation: It is recommended:
1. That the Mayor and Clerk be authorized to execute an Easement Agreement Between the Corporation of the City of Sarnia and Cogeco Cable Canada GP Inc.
Background: When the Sarnia 402 Business Park was planned, designed and serviced, provision was made to convey an easement (in gross) to all of the utilities that would supply services to the Park. At the time of the development of the Carpenter’s building and the Boilermaker’s building the City was advised by Cogeco that the form of easement that had been given was not acceptable and that a traditional form of easement would be required. Accordingly, a revised form of easement has been prepared and is recommended to Council for approval.
Comments: Based on consultations with the City Legal Department and Cogeco Cable Canada GP Inc., it is appropriate to provide for the conveyance of an easement in traditional form to Cogeco to ensure the provision of services in the Sarnia 402 Business Park.
Consultation: Staff have consulted with the City Legal Department and Cogeco Cable Canada GP Inc.
Page 115 of 270 Agenda Info Item I October 29, 2012
Financial Implications: There are no financial implications related to this matter.
Prepared by: Approved by:
Peter B. Hungerford Director - EDCP) Lloyd Fennell City Manager
Attachment(s): None
Page 116 of 270 Agenda Info Item J October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
FINANCE DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian McKay, CA Director of Finance
DATE: October 19, 2012
SUBJECT: Funding of Amortization and Other Estimated Expenses for 2013
Recommendation: It is recommended: 1. That Council, receive and file the 2013 budget reconciliation with respect to the impact of amortization, post-employment benefits expense and solid-waste landfill closure and post-closure expenses.
Background: Significant changes as prescribed by the Public Sector Accounting Board (PSAB) led to changes in the overall financial statement format for the 2009 year-end. The valuation and inclusion of tangible capital assets (TCAs) for 2009 introduced an additional expense for amortization that previously has not been included in the City’s year-end financial statements. Amortization expense, along with post-employment benefit expenses and costs for solid- waste landfill closure and post-closure expenses have not historically been included in the annual budget.
This report outlines the new budget measures as stated in Ontario Reg. 284/09 and provides reconciliation information for the 2013 budget year. Ontario Reg. 284/09 requires that staff prepare a report before the budget is passed outlining the impact of not including amortization, post-employment benefits expense and solid-waste landfill closure and post-closure expenses in the budget. Council is required to adopt this report by resolution.
Comments: Ontario Regulation 284/09 made under the Municipal Act 2001 deals with budget matters on certain or specific expenses. This regulation states that in preparing the budget for a year a municipality may exclude from the estimated expenses all or a portion of the following:
Page 117 of 270 Agenda Info Item J October 29, 2012
1. Amortization expenses 2. Post-employment benefit expenses 3. Solid waste landfill closure and post closure expenses
This regulation states that for 2011 and subsequent years, the municipality or local board shall, before adopting a budget for the year that excludes any of the expenses listed in Section 1,
a) prepare a report about the excluded expenses; and b) adopt a report by resolution.
The report shall contain at least the following:
1. An estimate of the change in the accumulated surplus of the municipality or local board to the end of the year resulting from the exclusion of any of the expenses listed above. 2. An analysis of the estimated impact of the exclusion of any of the expenses on the future tangible capital assets funding requirements of the municipality or local board.
2013 Budget Year The budget for 2013 excludes amortization, post-employment benefits expenses, and solid-waste landfill closure and post-closure expenses. The anticipated financial impact of excluding these three expenses on the anticipated 2013 year end accumulated surplus is as follows:
• Amortization expense for 2013 is anticipated to be $14,609,220. This estimate does not include the estimated impact of amortization on asset additions for 2012 and 2013. • Post-employment benefits expense for 2013 is anticipated to be $600,000 based on past trends. • Solid-waste landfill closure and post-closure expenses for 2013 will be $31,000.
These amounts are estimates at this time and will be verified as part of the 2013 year end audit. In total, the above three expenses will reduce the City’s accumulated surplus at the end of 2013 by $15,240,220.
Ontario Reg. 284/09 and the City’s Budget Process Ontario Reg. 284/09 deals with three expenses as listed in this report that previously have not been included in the City’s budget process. The Municipal Act still requires that municipalities pass balanced budgets even though the three expenses, with emphasis on amortization, introduce
Page 118 of 270 Agenda Info Item J October 29, 2012
significant costs. The City’s capital budget for 2013 does include $10,718,100 of capital transfers from various operating budgets that are being used for capital renewal and rehabilitation. This amount is an increase of $379,309 over the 2012 capital funding levels. When compared with the anticipated amortization of $14,609,220 for 2013, the City’s capital budget still contains a shortfall of $3,891,120 which has increased slightly from 2012. The other two expenses total an additional $631,000 that would need to be included in the budget. If the City of Sarnia included the three expenses in the 2013 budget, an additional $4,522,120 of revenue would be required to meet the balanced budget requirement. In lieu of other revenue sources, this amount would need to be included in the general tax levy, which, for 2013, would have further increased the tax levy by 7.84%
Staff is not recommending any changes with how these expenses are dealt with during the annual budget preparation and deliberation.
Future Tangible Capital Asset Funding Requirements Tangible capital assets are included in the City’s financial statements at their historic or original cost. For example, a watermain that was built in 1960 would be included on the financial statements at the 1960 construction cost. This treatment is mandated by PSAB. The City tracks the current replacement cost of the assets which uses a current year value. The 1960 watermain would cost significantly more in 2013 to replace than the original 1960 construction value.
Amortization is calculated based on the older historical cost information. Amortization is not calculated using current replacement cost. Therefore, using amortization as a funding level does not account for increased costs of replacing assets in today’s dollars. Amortization in 2013, for the City’s existing assets, is anticipated to be $14,609,220. The City, in the 2013 draft capital budget, is allocating $10,718,100 on asset renewal and rehabilitation. This funding level is below the amortization amount and is significantly below the current replacement cost of the City’s assets. As well, this current funding level in the 2013 budget does not address the infrastructure deficit that has previously been communicated to Council. The actual draft capital budget recommended by staff has a total value of $13,425,600. The difference is due to other funding sources besides the draft current budget.
City staff has been attempting to phase in increases in capital asset funding during the budget process. This phase in must balance with the ability of the community to pay for asset rehabilitation. Increasing costs in other areas of the operating, water and sewer budgets means that the total rehabilitation costs cannot be introduced into the budget in one year. Such
Page 119 of 270 Agenda Info Item J October 29, 2012
a significant change in one year would be unsustainable for the City’s tax, water and sewer customers.
The best method to pay for capital asset renewal and rehabilitation, from a funding standpoint, is based on replacement value. The City’s assets have a current replacement value of $1.44 billion. The amount of the current infrastructure deficit would also be included for immediate funding. However, from an ability-to-pay standpoint for the City’s tax, water and sewer customers, this funding model is not appropriate or possible. The increases to the tax, water and sewer rates would be unaffordable to the ratepayers.
Staff is not recommending any change from the phase-in approach currently being used in the City’s annual budgets.
Consultation: No consultation was required in the preparation of this report.
Financial Implications: Any financial implications have been analyzed in the report.
Reviewed by: Approved by:
Brian McKay, CA Lloyd Fennell Director of Finance City Manager
Attachment(s): None
Page 120 of 270 Agenda Info Item K October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
ENGINEERING DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: J.P. André Morin, P.Eng., City Engineer
DATE: October 23, 2012
SUBJECT: WPCC – Purchase of Spare Equipment for the UV Disinfection System
Recommendation: For Council’s information.
Background: The UV disinfection system was installed as part of the WPCC expansion in 2000. The system was manufactured by Trojan Technologies of London, Ontario and utilizes proprietary technology and spare parts. H2Flow Equipment Inc. is Trojan’s technical representative for our area. As a result, the purchase was sole sourced to H2Flow Equipment Inc.
The Ministry of the Environment requires an inventory of 50% spare parts be maintained on-site to ensure disinfection is available at all times to reduce the risk of equipment malfunction which could impact the receiving waters in the St. Clair River.
Comments: To ensure compliance with this regulated requirement, WPCC staff requires the purchase of replacement lamps, lamp wipers and cleaning fluid totaling $65,119.66 plus HST. As per the procurement policy, Council must be notified of all purchases exceeding $50,000.
Consultation: The Purchasing Agent and WPCC Superintendent were consulted in the preparation of this report.
Financial Implications: The WPCC’s budget includes $75,915 for the UV system’s spare parts.
Page 121 of 270 Agenda Info Item K October 29, 2012
Reviewed by: Approved by:
J.P. André Morin, P.Eng. Lloyd Fennell City Engineer City Manager
This report was prepared by Bryan Prouse, P.Eng., Operations Manager
Attachment(s): none
Page 122 of 270 Agenda Info Item L October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519 332-0330 519 332-3995 (fax) 519 332-2664 (TTY) www.sarnia.ca [email protected]
October 19, 2012
Mayor Bradley and Members of Sarnia City Council:
Subject: 356/357/358 Tax Appeal Court
In accordance with procedures established by Sarnia City Council, 356/357/358 Tax Appeals were heard by Mayor Mike Bradley, on October 18, 2012.
The attached Tax Appeals, as approved by the Tax Appeal Committee, are now recommended for adoption by City Council.
Yours truly,
Brian W. Knott City Solicitor/Clerk
Attach.
cc. B. McKay
Page 123 of 270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17800 FTEP 382,967 January 1, 2011 365 RTEP 110,150 January 1, 2011 365 Split Details: Total 493,117
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17800 FTEP 382,967 January 1, 2011 365 FTEP -12,291 June 6, 2011 209 RTEP 110,150 January 1, 2011 365 RTEP -110,150 June 6, 2011 209 Total 370,676
Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17810 FTEP 12,291 June 6, 2011 209 RTEP 110,150 June 6, 2011 209 Total 122,441
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17800 FTEP 388,500 January 1, 2012 366 RTEP 114,500 January 1, 2012 366 Split Details: Total 503,000
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17800 FTEP 388,500 January 1, 2012 366 FTEP -11,500 January 1, 2012 366 RTEP 114,500 January 1, 2012 366 RTEP -114,500 January 1, 2012 366 Total 377,000
Roll Number Property Class Assessment Effective Date Number of Days 3829 100 004 17810 FTEP 11,500 January 1, 2012 366 RTEP 114,500 January 1, 2012 366 Total 126,000
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 011 20400 RTEP 226,750 January 1, 2011 365 LOCAL 73.63 January 1, 2011 365 Split Details: Total 226,750
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days
Page 1 of 9 Page 124 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 3829 100 011 20400 RTEP 226,750 January 1, 2011 365 RTEP -170,500 December 9, 2011 23 LOCAL 73.63 January 1, 2011 365 LOCAL -2.88 December 9, 2011 23 Total 56,250
Page 2 of 9 Page 125 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Roll Number Property Class Assessment Effective Date Number of Days 3829 100 011 20450 RTEP 170,500 December 9, 2011 23 LOCAL 2.88 December 9, 2011 23 Total 170,500
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 011 20400 RTEP 238,000 January 1, 2012 366 LOCAL 73.63 January 1, 2012 366 Split Details: Total 238,000
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 100 011 20400 RTEP 238,000 January 1, 2012 366 RTEP -179,000 January 1, 2012 366 LOCAL 73.63 January 1, 2012 366 LOCAL -45.89 January 1, 2012 366 Total 59,000
Roll Number Property Class Assessment Effective Date Number of Days 3829 100 011 20450 RTEP 179,000 January 1, 2012 366 LOCAL 45.89 January 1, 2012 366 Total 179,000
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02700 CTNS 175,250 January 1, 2011 365 Total 175,250 Split Details:
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02700 CTNS 175,250 January 1, 2011 365 CTNS -66,625 December 16, 2011 16 Total 108,625
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02600 CT 66,625 December 16, 2011 16 Total 66,625
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02700 CTNS 182,000 January 1, 2012 366 CTNS 33,000 March 5, 2012 302 Split Details: Total 215,000
Page 3 of 9 Page 126 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02700 CTNS 182,000 January 1, 2012 366 CTNS 33,000 March 5, 2012 302 CTNS -69,200 January 1, 2012 366 Total 145,800
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 003 02600 CT 69,200 January 1, 2012 366 Total 69,200
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00700 RTEP 305,924 January 1, 2011 365 Total 305,924 Split Details:
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00700 RTEP 305,924 January 1, 2011 365 RTEP -31,526 June 30, 2011 185 RTEP -31,550 June 30, 2011 185 RTEP -60,250 May 19, 2011 227 Total 245,674
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00705 RTEP 31,526 June 30, 2011 185 Total 31,526
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00710 RTEP 31,550 June 30, 2011 185 Total 31,550
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00715 RTEP 30,125 May 19, 2011 227 Total 30,125
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00720 RTEP 30,125 May 19, 2011 227 Total 30,125
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00700 RTEP 320,000 January 1, 2012 366 Total 320,000 Split Details:
Page 4 of 9 Page 127 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00700 RTEP 320,000 January 1, 2012 366 RTEP -33,000 January 1, 2012 366 RTEP -33,000 January 1, 2012 366 RTEP -31,500 January 1, 2012 366 RTEP -31,500 January 1, 2012 366 Total 191,000
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00705 RTEP 33,000 January 1, 2012 366 Total 33,000
Page 5 of 9 Page 128 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00710 RTEP 33,000 January 1, 2012 366 Total 33,000
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00715 RTEP 31,500 January 1, 2012 366 Total 31,500
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 026 00720 RTEP 31,500 January 1, 2012 366 Total 31,500
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05200 CTNS 25,188 January 1, 2011 365 RTEP 450,830 January 1, 2011 365 CTNS 10,425 January 1, 2011 365 RTEP -38,175 January 1, 2011 365 RTEP -110,042 January 4, 2011 362 RTEP -12,035 March 1, 2011 306 CTNS -35,613 November 1, 2011 61 RTEP 35,613 November 1, 2011 61 Split Details: Total 326,191
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05200 CTNS 25,188 January 1, 2011 365 RTEP 450,830 January 1, 2011 365 CTNS 10,425 January 1, 2011 365 RTEP -38,175 January 1, 2011 365 RTEP -110,042 January 4, 2011 362 RTEP -12,035 March 1, 2011 306 CTNS -35,613 November 1, 2011 61 RTEP 35,613 November 1, 2011 61 RTEP -114,952 November 24, 2011 38 Total 211,239
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05260 RTEP 114,952 November 24, 2011 38 Total 114,952
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05200 FTEP 115,600 January 1, 2012 366 RTEP 131,400 January 1, 2012 366 Split Details: Total 247,000
Taxes Payable After Severance
Page 6 of 9 Page 129 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05200 FTEP 115,600 January 1, 2012 366 RTEP 131,400 January 1, 2012 366 RTEP -47,742 January 1, 2012 366 Total 199,258
Page 7 of 9 Page 130 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 05260 RTEP 47,742 January 1, 2012 366 Total 47,742 Total
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00600 FTEP 172,017 January 1, 2011 365 LOCAL 37,131.24 January 1, 2011 365 Split Details: Total 172,017
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00600 FTEP 172,017 January 1, 2011 365 FTEP -72,150 July 29, 2011 156 LOCAL 37,131.24 January 1, 2011 365 LOCAL -6,658.48 July 29, 2011 156 Total 99,867
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00625 FTEP 72,150 July 29, 2011 156 LOCAL 6,658.48 July 29, 2011 156 Total 72,150
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00600 FTEP 175,000 January 1, 2012 366 LOCAL 37,131.24 January 1, 2012 366 Split Details: Total 175,000
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00600 FTEP 175,000 January 1, 2012 366 FTEP -73,400 January 1, 2012 366 LOCAL 37,131.24 January 1, 2012 366 LOCAL -15,479.12 January 1, 2012 366 Total 101,600
Roll Number Property Class Assessment Effective Date Number of Days 3829 200 035 00625 FTEP 73,400 January 1, 2012 366 LOCAL 15,579.12 January 1, 2012 366 Total 73,400
2011 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09800 RTEP 60,113 January 1, 2011 365 Total 60,113
Page 8 of 9 Page 131 Printed of 24/10/2012270 2011 & 2012 Tax Severances Agenda Info Item L October 29, 2012 Split Details:
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09800 RTEP 60,113 January 1, 2011 365 RTEP -30,349 December 14, 2011 18 Total 29,764 Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09806 RTEP 30,349 December 14, 2011 18 Total 30,349
2012 Tax Severance Worksheet
Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09800 RTEP 61,000 January 1, 2012 366 Total 61,000 Total Split Details:
Taxes Payable After Severance Original Parcel- Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09800 RTEP 61,000 January 1, 2012 366 RTEP -30,797 January 1, 2012 366 Total 30,203
Roll Number Property Class Assessment Effective Date Number of Days 3829 300 006 09806 RTEP 30,797 January 1, 2012 366 Total 30,797
Page 9 of 9 Page 132 Printed of 24/10/2012270 YEAR 2012 SECTION 357 & 358 APPEAL COURT #2 OCTOBER 18, 2012
Appeal App. Year Roll Number Name Assessed Address Reason For Appeal Decision Tax Amount # #
Cancel 8 months realty Razed by fire, demolition 2012 200-020-00300 Leonard McManus 1204 Haight Lane tax on Ass't 87,000 RTEP $861.53 V19 38 or otherwise RTEP Change 8 months 2012 200-035-00125 Goodwill Industries Inc. 1307 Michigan Ave. Class Change realty tax on Ass't XTNS $43,731.04 V25 39 1,975,000 XTNS
Cancel 17 days 1 Agenda Info Item L Conc 7 Pt Lots 16 and 2011 200-035-00600-9999 City of Sarnia Land Not Assessed month realty tax on FTEP $13.49 V65 40 17 Ass't 27,128 FTEP Cancel 12 months Conc 7 Pt Lots 16 and 2012 200-035-00600-9999 City of Sarnia Land Not Assessed realty tax on Ass't FTEP $102.08 V66 41 17 27,600 FTEP Cancel 4 days 9 Razed by fire, demolition 2012 200-035-05200 Don Burnard 1724 Blackwell Rd. months realty tax on FTEP $4.33 T166 42 or otherwise Ass't 1,593 FTEP Application Denied - As 2010 300-014-14300 Patrick Storey 756 Maxwell St. Gross or manifest error V1 43 per MPAC Application Denied - As 2011 300-014-14300 Patrick Storey 756 Maxwell St. Gross or manifest error V2 44 per MPAC
Application Denied - As 2012 300-014-14300 Patrick Storey 756 Maxwell St. Gross or manifest error V3 45 per MPAC October 29, 2012 Cancel 19 days 5 Razed by fire, demolition 2012 300-016-03600 Michael Currie 738 Pineview Ave. months realty tax on RTEP $486.64 V42 46 or otherwise Ass't 70,000 RTEP Cancel 13 days 7 Razed by fire, demolition 2012 300-018-16300 Mr. Anthony Dunn 921 Grandview Ave. months realty tax on RTEP $100.94 V26 47 or otherwise Ass't 11,000 RTEP Altus Group Tax 2010 300-026-08700 971 Germain St. Land became exempt Denied - As per MPAC V48 48 Consulting Altus Group Tax 2011 300-026-08700 971 Germain St. Land became exempt Denied - As per MPAC V49 49 Consulting Altus Group Tax Page 133 of 270 2012 300-026-08700 971 Germain St. Land became exempt Denied - As per MPAC V50 50
Consulting Cancel 9 months realty 343-345 Christina St Razed by fire, demolition 2012 400-001-04300 BMH Industries Inc. tax on Ass't 57,000 CTNS $1,515.16 V20 51 N. or otherwise CTNS Cancel 29 days 4 Razed by fire, demolition 2012 400-042-10500 Gordon Karr 614 Maple Ave. months realty tax on RTEP $73.24 V53 52 or otherwise Ass't 12,000 RTEP Cancel 6 days 8 Razed by fire, demolition 2012 400-047-20400 Edith Patricia Wilkins 1105 St. Laurent Dr. months realty tax on RTEP $121.75 V55 53 or otherwise Ass't 12,000 RTEP
Page - 1 - of 2
YEAR 2012 SECTION 357 & 358 APPEAL COURT #2 OCTOBER 18, 2012
Appeal App. Year Roll Number Name Assessed Address Reason For Appeal Decision Tax Amount # #
Razed by fire, demolition Amended by MPAC - 2011 400-050-06000 Sunoco In. 1900 River Rd. LTNS $213.38+ S140 54 or otherwise Add 3,788 LTNS Cancel 12 months Kel-Gor Ltd. c/o St. Clair Razed by fire, demolition 2012 400-051-29600 1407 Plank Rd. realty tax on Ass't CTNS $9,423.96 V31 55 Valve or otherwise 273,000 CTNS Plank Rd. Con 2 Pt 2012 400-051-56000 2299107 Ontario Inc. Class Change Denied - As per MPAC V29 56 Lot 15 Agenda Info Item L
October 29, 2012 Page 134 of 270
Page - 2 - of 2
Agenda Info Item M October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 22, 2012
SUBJECT: County Smoke-Free Open Spaces By-Law
Recommendation: For Council’s Information
Background: As Council is aware, the County of Lambton approved, in principle, a proposed County Smoke-Free Open Spaces By-law. The by-law now needs to be considered by all Lambton County municipalities as part of the “triple majority” requirement, and will be placed on a future City Council agenda for consideration. This By-Law would apply to all municipally-owned or operated, Outdoor Recreational Areas, Playgrounds and Playground Equipment, and Playing Fields.
Information on the proposed by-law has now been provided by the County, and the following information has been included for Council’s information at this time:
• Note from County of Lambton setting out the resolution of County Council • Report to County Council together with Draft By-law • Technical report dated October 19, 2011 • Public Consultation Report dated February 15, 2012 • Key Messages on Why Smoke-Free Outdoor Spaces • Frequently Asked Questions
Comments: We are working with the office of the Medical Officer of Health and the Public Health Services Division from the County to set up a staff public meeting for public input from Sarnia residents on the proposed by-law. It is intended
Page 135 of 270 Agenda Info Item M October 29, 2012
that the public input received at this meeting would form the consultation for Council as it moves forward with its consideration and decision on this matter. The date which has been established for this Public Input meeting is November 14, 2012. If possible, we are looking at having this matter before Council at its November 19, 2012 meeting.
Consultation: Public Health Services Staff from the County of Lambton and the Director of Parks and Recreation have been consulted on this report.
Financial Implications: The report from the County of Lambton indicates that all costs associated with tobacco control are 100% funded through the Province through the Smoke Free Ontario Strategy, or cost-shared at 75% provincial share though program based grants. Staff estimate that the total cost of implementation would be approximately $20,000. Most costs will be related to public education and signage.
Prepared by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
Attachment(s): • Note from County of Lambton setting out the resolution of County Council • Report to County Council together with Draft By-law • Technical report dated October 19, 2011 • Public Consultation Report dated February 15, 2012 • Key Messages on Why Smoke-Free Outdoor Spaces • Frequently Asked Questions
Page 136 of 270 Agenda Info Item M October 29, 2012
CORPORATE SERVICES DIVISION
789 Broadway Street, Box 3000 Wyoming, Ontario NON 1TO Telephone: 519 845-0801 Toll-free: 1-866-324-6912 Fax: 519 845-0818 www.lambtononline.ca
MEMO
DATE: September 24, 2012
TO: Municipal Clerks, Lambton County
FROM: David Cribbs, County Clerk & County Solicitor General Manager, Corporate Services Division
CC: Andrew Taylor, General Manager, Public Health Services Division Dr. Sudit Ranade, Medical Officer of Health
RE: Proposed County Smoke-Free Outdoor Spaces By-Law
On September 5, 2012, Lambton County Council passed the following motion: a) That County Council approve the proposed By-Law, in principle, for form and content. b) That Council instruct staff to forward the By-Law to all Lambton County constituent municipalities for their consideration and approval. c) That the By-Law be brought back to County Council for final consideration should the votes of the lower tier municipalities satisfy the "triple majority" requirement. d) That local municipalities be required to report back regarding their position on this By-Law no later than December 31, 2012.
We hope the enclosed information will assist your Council in understanding the range of issues relating to the proposed By-Law, as well as information received directly from the public, including:
• September 5, 2012 Report to County Council - includes draft By-Law; • Smoke-Free Public Outdoor Spaces - Technical Report;
CaringGrowingInnovative Page 137 of 270 Agenda Info Item M October 29, 2012
Page 2 Proposed County Smoke-Free Outdoor Spaces By-Law
• Smoke-Free Public Outdoor Spaces - Public Consultation Report; • Key Messages - Why Smoke-Free Public Outdoor Spaces? • Frequently Asked Questions.
Community Health Services Department staff are available for a presentation or to attend a meeting in order to answer any questions Councilors may have regarding the proposed Smoke-Free Outdoor Spaces By-Law.
If you would like to request a presentation, please contact Kevin Churchill, Manager, Health Promotion and Program Support by email [email protected]; or by calling 1-800-667-1839 ext. 3505 or 519-383-8331.
Please communicate the decision of your Council regarding the By-Law to David Cribbs, County Clerk, no later than December 31, 2012.
CaringGrowingInnovative Page 138 of 270 Agenda Info Item M October 29, 2012
PUBLIC HEALTH SERVICES DIVISION
REPORT TO: WARDEN AND LAMBTON COUNTY COUNCIL DEPARTMENT: COMMUNITY HEALTH SERVICES Kevin Churchill, Manager, Health Promotion & Program Support PREPARED BY: Donna Schmidtmeyer, Supervisor, Ontario Tobacco Strategy Andrew Taylor, General Manager REVIEWED BY: Ronald G. Van Horne, Chief Administrative Officer MEETING DATE: September 5, 2012 SUBJECT: Smoke Free Outdoor Spaces - Draft By-Law
BACKGROUND
The Community Health Services Department has been gathering information on Smoke- Free Outdoor Spaces since 2008. A detailed technical report that included rationale, history, data discussing public support, and policy options to address the issue was presented to Committee A.M. on October 19, 2011.
At Lambton County Council's meeting of November 2, 2011 a motion was passed asking staff to engage in a public consultation process to educate the public, gather information, and measure public support. A report was submitted to Committee A.M. on February 15, 2012 which identified significant public support for such a By-Law.
Lambton County Council at their regular meeting of May 2, 2012, passed Motion #11 as follows:
#11: Boushy/Gillis: a) That County Council support the protection of outdoor spaces used by children and direct staff to develop a By-Law to regulate smoking at municipally owned or operated playgrounds and active playing fields b) That the appropriate By-Law be brought back to County Council for its consideration. Carried.
The following report describes the draft By-Law which is attached for County Council's consideration.
Page 139 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 2) September 5, 2012
DISCUSSION
Following Council's direction, staff have drafted a proposed By-Law that would prohibit smoking within 9 metres of the following areas:
• “Outdoor Recreational Area” includes but is not limited to playgrounds, wading or swimming pools, splash pads, sports fields, sports and recreation playing fields, outdoor areas used for public enjoyment and recreation areas for children such as petting zoos (excluding beaches, trails and golf courses).
• "Playground or Playground Equipment" means any recreational outdoor space featuring any kind of structure or apparatus which is customarily found in a park-like setting and upon or around which a person may engage in play.
• "Playing Field" means field(s) and or land(s), of natural or man-made composition that are actively used to conduct organized or unorganized physical activity and includes, but is not limited to a baseball diamond/field, soccer pitch, football field, outdoor ice pad, rink, basketball court, skateboard park, tennis court, and includes their related spectating and players areas and structures.
The proposed By-Law will not apply to beaches, trails, or golf courses.
Process Under the Municipal Act, 2001 in order for lower tier municipalities to assign responsibility to an upper tier municipality for a By-Law, the By-Law is subject to a "triple majority" test - in which all of the following three conditions must be met. 1. The By-Law must be passed by the upper tier, then sent to the lower tier municipalities for their consideration. 2. The By-Law must be passed by a majority of the municipalities (6). 3. The municipalities in favour must collectively represent more than one half of the total population of the upper tier municipalities.
FINANCIAL IMPLICATIONS
All costs associated with tobacco control are 100% funded through the Province through the Smoke-Free Ontario Strategy, or cost-shared at 75% provincial share through program-based grants.
Staff estimate that total cost of implementation would be approximately $20,000. Most costs will be related to public education and signage.
Page 140 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 3) September 5, 2012
CONSULTATIONS
Extensive public consultations were held in the fall of 2011. Dr. Chris Greensmith, (A) Medical Officer of Health, and David Cribbs, County Solicitor were also consulted.
STRATEGIC PLAN
This initiative is consistent with the mission, principles and values stated in the areas of effort, as identified in the strategic plan, including: • to enhance the quality of life and to build a healthy community. • champions initiatives on behalf of the community and accountable to its stakeholders. • takes reasonable risk for the betterment of the whole community.
RECOMMENDATION
Staff recommend the following action items:
a) That County Council approve the proposed By-Law in principle for form and content.
b) That Council instruct staff to forward the By-Law to all Lambton County constituent municipalities for their consideration and approval.
c) That the By-Law be brought back to County Council for final consideration should the votes of the lower tier municipalities satisfy the "triple majority" requirement.
Page 141 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 4) September 5, 2012
THE CORPORATION OF THE COUNTY OF LAMBTON
BY-LAW [ENTER NUMBER]
A BY-LAW TO PROHIBIT SMOKING AT OR NEAR MUNICIPALLY OWNED OR OPERATED OUTDOOR RECREATIONAL SPACES
WHEREAS section 11 of the Municipal Act, 2001 S.O. 2001, c. 25, as amended specifically authorizes County Council to pass By-Laws necessary or desirable for municipal purposes and in particular for the protection of the health, safety and well-being of persons and the economic, social and environmental well-being of the municipality;
AND WHEREAS section 115 of the Municipal Act, 2001 authorizes County Council to pass By-Laws regulating the smoking of tobacco in public places within the municipality and designating public places as places in which smoking tobacco or holding lit tobacco is prohibited;
AND WHEREAS By-Law No. 10 of 2004 of The Corporation of the County of Lambton prohibits smoking in workplaces and certain public places in Lambton County;
AND WHEREAS County Council desires to buttress By-Law No. 10 of 2004 by prohibiting smoking in certain outdoor public spaces;
AND WHEREAS second-hand smoke is a known health hazard to people and, particularly, children;
AND WHEREAS Council deems it desirable for the health, safety and well-being of the public to regulate the smoking of tobacco in public places;
NOW THEREFORE the Council of The Corporation of the County of Lambton enacts as follows:
SHORT TITLE
1. This By-Law may be cited as the “Smoke-Free Outdoor Spaces By-Law.”
Page 142 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 5) September 5, 2012
DEFINITIONS
2. In this By-Law:
2.1. “Lambton County” means the geographic jurisdiction of The Corporation of the County of Lambton.
2.2. “Outdoor Recreational Area” includes but is not limited to playgrounds, wading or swimming pools, splash pads, sports fields, sports and recreation playing fields, outdoor areas used for public enjoyment and recreation areas for children such as petting zoos (excluding beaches, trails and golf courses).
2.2.1. "Playground or Playground Equipment" means any recreational outdoor space featuring any kind of structure or apparatus which is customarily found in a park-like setting and upon or around which a person may engage in play.
2.2.2. "Playing Field" means field(s) and or land(s), of natural or man-made composition that are actively used to conduct organized or unorganized physical activity and includes, but is not limited to a baseball diamond/field, soccer pitch, football field, outdoor ice pad, rink, basketball court, skateboard park, tennis court, and includes their related spectating and players areas and structures.
2.3. "Prohibited Area" means:
2.3.1. A 9-metre radius, measured in any direction, from the edge of an actively used Outdoor Recreational Area;
2.3.2. A 9-metre radius, measured in any direction, surrounding the edge of any Playground Safety Surface, or any Playground Equipment;
2.3.3. A 9-metre radius, measured in any direction, from the edge of an actively used Playing Field.
2.4. "Smoke" or “smoking” means to smoke or hold a Lighted Tobacco Product.
2.5. "Lighted Tobacco Product" means a product that contains or is made from tobacco and/or extracts of tobacco. Tobacco Product includes, but is not limited to, cigarettes, cigars, cigarillos, pipe tobacco, water-pipe tobacco, loose-leaf tobacco, bidis, or other tobacco smoking equipment.
Page 143 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 6) September 5, 2012
2.6. "Valid Identification" means a document issued by an order of government, and includes, but is not limited to photographic health cards, driver's licenses, passports, military identification cards, citizenship cards and Indian Status cards.
2.7. “Tobacco Enforcement Officer” applies to an employee of the County of Lambton responsible to enforce this By-Law.
APPLICATION
3. This By-Law shall apply to all municipally-owned or operated, Outdoor Recreational Areas, Playgrounds and Playground Equipment, and Playing Fields.
PROHIBITIONS
4. No person shall Smoke or otherwise use Lighted Tobacco Products within the Restricted Area of an Outdoor Recreational Area, Playground and Playground Equipment, or a Playing Field.
5. The prohibitions in Section 4 apply whether or not a "No Smoking" sign of any format or content is posted.
EXEMPTIONS
6. Nothing in this By-Law prohibits any person from Smoking or otherwise using a Tobacco Product as part of, and in connection with, traditional Aboriginal cultural or spiritual purposes.
ENFORCEMENT
7. A police officer, provincial offences officer, municipal law enforcement officer or such other person designated by By-Law from time to time may enforce all provisions of this By-Law.
8. During the course of an enforcement action, every person, upon demand, shall provide proof of their identification to a Tobacco Enforcement Officer. In the event that a person does not have any Valid Identification upon their person at the time of the demand, they shall furnish their correct contact particulars, including current address, date of birth and correct spelling of their name. Failure to accurately identify oneself to an enforcement officer in the conduct of duties constitutes an offence.
Page 144 of 270 Agenda Info Item M October 29, 2012 Smoke Free Outdoor Spaces - Draft By-Law (page 7) September 5, 2012
OFFENCES AND PENALTIES
9. Any person who contravenes any provision of this By-Law is guilty of an offence and upon conviction is liable to a fine of not more than Five Thousand Dollars ($5000) and such other penalty as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33 as amended.
PRECEDENCE AND SEVERABILITY
10. The court in which a conviction has been entered, and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such an order shall be in addition to any other remedy and to any penalty imposed on the person convicted.
11. Pursuant to section 441.1 of the Municipal Act, 2001, as amended, any unpaid outstanding fine may be added to the tax roll for property in Lambton County for which all of the owners are responsible for paying the fine and the unpaid part of the fine shall be collected in the same manner as municipal taxes.
12. Where this By-Law conflicts with any other By-Law of The Corporation of the County of Lambton this By-Law shall take precedence to the extent of the conflict.
13. Should any section, paragraph or provision of this By-Law including any part of any schedule hereof be declared by a court of competent jurisdiction to be ultra vires, invalid or illegal for any reason, the same shall not affect the validity of the By-Law as a whole. It is the intention of Council that the remainder of this By-Law survive and be applied and enforced in accordance with its terms to the extent possible under the law.
ENACTMENT
14. This By-Law comes into force and effect upon passing hereof.
FINALLY passed this _____ day of ______, 2012.
______Warden
______Clerk
Page 145 of 270 Agenda Info Item M October 29, 2012
Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
Protecting Children - Creating a Healthy Environment
Page 146 of 270 Agenda Info Item M October 29, 2012
Introduction Across Ontario, a growing number of municipalities are beginning to investigate and adopt By-Laws regulating smoking in public outdoor settings including parks, playgrounds, beaches and entranceways.
Lambton County Council at their regular meeting July 6, 2011 passed the June 15, 2011 Committee AM Minutes, that included Motion #8, as follows:
a) That staff be directed to review current policy options and best practices for Smoke-Free Public Outdoor Spaces; and b) Report back to County Council including a range of options, proposed public consultation process, and address issues such as enforcement.
The following report has been written in response to Motion #8.
Background: In 2004, County Council recognized the importance of creating smoke-free public places and workplaces with the adoption of By-Law #10 of 2004. The By-Law was a demonstration of the commitment of Council to the values of a healthy community and the significant health care burden caused by exposure to Environmental Tobacco Smoke (ETS), commonly known as second-hand smoke. In 2006, the Smoke-Free Ontario Act was implemented by the Province and there have been amendments to the Act designed to further reduce the exposure of children to ETS by placing restrictions on smoking where children are passengers of vehicles. In the seven years since passing the Lambton By-Law, public support and public interest for broadening tobacco control efforts at the local level continues to grow. The majority of local residents agree that current measures to protect adults and children from exposure to ETS do not go far enough.
Strong Public Support for Smoke-Free Public Outdoor Spaces Figure 2, which shows the results for the combined 2010 & 2011Rapid Risk Factor Surveillance System (RRFSS) data collection periods, is based on a total sample of 817 Lambton residents. Support for smoke-free bylaws ranged from about 68% - 89% for the following public spaces: Doorways to public places: 89.1% ( 2.1) Doorways to workplaces: 87.8% ( 2.2) Public playgrounds: 79.1% ( 2.8) Public sport fields/spectator areas: 76.1% ( 2.9) Outdoor public patios: 69.8% ( 3.1) Public beaches: 68.4% ( 3.2) All public outdoor areas: 57.6% ( 3.4)
Page 147 of 270 2 Smoke-Free Public Outdoor Spaces Technical Report- October 19, 2011
Agenda Info Item M October 29, 2012
Figure 2 - Support for Smoke-free Public Places in Lambton County Proportion Who Strongly or Somewhat Agree that Public Places Should be Smoke Free 2010 & 2011 Combined, n=817
All Areas 57.6
Outdoor Public Patios 69.8
Doorways to Public Places 89.1
Doorways to Workplaces 87.8
Public Sports Fields 76.1
Public Beaches 68.4
Public Playgrounds 79.1
0 20 40 60 80 100 %
Source: Rapid Risk Factor Surveillance System (RRFSS), County of Lambton Community Health Services Department and Institute for Social Research, York University. " No smoking in parks Relationship to Public Health Mandate and public spaces The mandate of the County of Lambton Community Health Services Department, as defined by the Ontario Ministry of Health and Long-Term Care, Ontario Public Health would be a great idea. I Standards (2008) is: am asthmatic, and have am asthmatic, and have "To promote and protect the health of Lambton residents by understanding the needs, to go out of my way to identifying minimum standards and delivering a local solution." avoid smokers The reduction or elimination of exposure to environmental tobacco smoke (ETS), commonly known as second-hand smoke has enormous benefits in terms of reducing outdoors. Even a small the burden of chronic diseases including lung disease and cancer, heart disease and asthma. amount of tobacco
Exposure to Environmental Tobacco Smoke (ETS) a Health Concern smoke will trigger an Whether you are indoors or outdoors, the science is conclusive that there is no safe attack. It is hard for level of exposure to ETS. It irritates the eyes, throat, nose and respiratory system and causes headaches, asthma, nausea and dizziness. ETS is more than irritating, it is people like me to dangerous. It contains more than 4,000 chemicals; at least 69 are known to cause cancer. The use of tobacco products cost Ontario: navigate a park when $1.6 billion in direct health care costs smokers sit there, $4.4 billion in lost productivity 1 At least 500,000 hospital days puffing away." Exposure to ETS is a health concern for people of all ages, affecting adults, children, and pregnancies. ETS causes numerous health problems in infants and children. Lambton County Resident
Page 148 of 270 3 Smoke-Free Public Outdoor Spaces Technical Report- October 19, 2011
Agenda Info Item M October 29, 2012
Young children are especially vulnerable to ETS 2 because: They breathe more air relative to body weight (and for the same level of exposure absorb more tobacco smoke toxins). They are less able to complain (either too young, or because complaints are ignored). Their immune system is less protective. They are less able to remove themselves from exposure. The study 'Health effects of exposure to environmental tobacco smoke: Final Report' found children are particularly susceptible to environmental tobacco smoke... "Infants and children are also generally unable to control their environment, and therefore cannot take steps to avoid exposure to second-hand smoke [environmental tobacco smoke]. As a result, children inhale a greater percentage of toxins than adults." In children, ETS can induce asthma attacks and worsen asthma and increase the risk of bronchitis, pneumonia, ear infections, and sudden infant death syndrome (SIDS)3. Why Smoke-Free Public Outdoor Spaces? To reflect the will of the majority of Lambton residents who are in favour of smoke-free public outdoor spaces. To protect people, especially children, from environmental tobacco smoke. To promote positive role modelling for children and youth in public settings. To promote a healthier environment, improving air quality and reducing litter. To support the decision of those who wish to quit smoking, and to encourage people who smoke to quit or cut back. To reduce discarded cigarette butts which are toxic to children, pets and wildlife.
Relationship to Lambton's Strategic Plan The County of Lambton's vision, as defined in Area of Effort, and reiterated as a Principle and Value in the Strategic Plan, is to enhance the quality of life and to build a healthy community. "The County of Lambton Believes4...... in the value and importance of a healthy community which provides an array of cultural and healthy lifestyle services, understands and respects its environment. ...leadership and accountability by realistic and sound decisions...champions initiatives on behalf of the community and accountable to its stakeholders. ...takes reasonable risk for the betterment of the whole community."
Scan of Ontario Municipal Bylaws Almost 60 Ontario municipalities have enacted By-Laws regulating smoking in outdoor public spaces5. In addition, dozens of other municipalities including the City of London, Grey-Bruce County, Region of Waterloo and Windsor-Essex County are in the development/consultation phase of smoke-free public outdoor spaces bylaws.
Page 149 of 270 4 Smoke-Free Public Outdoor Spaces Technical Report- October 19, 2011
Agenda Info Item M October 29, 2012
The following chart provides an overview of outdoor smoking restrictions in public places. By-Laws are listed in chronological order, beginning with the most recent. Municipality Bylaw Date Inclusions City of Hamilton May 2011 Complete smoking ban on any city owned recreational (in effect May 2012) property (excludes golf courses) Town of Georgina July 1, 2011 Parks (10 m) (*precedent for Playgrounds, splash pads, skate parks(10 m) Canada... includes all Sport & recreation fields (10 m) tobacco products) Splash pads (10 m) Niagara Falls May 2010 Complete smoking ban on any city owned park (included (in effect May 2011) playgrounds, sport & recreation fields, skate parks, sport and recreation seating and community events) Huntsville May 2010 Parks (9 m) Playgrounds (9 m) Sport & recreation fields (9 m) Municipal buildings (9 m) Paths & trails (9 m) Sport seating (9 m) Welland February 2010 Parks (10m) Playgrounds, splash pads, skate parks (10 m) Sport & recreation fields (10 m) Community events (10 m) Timmins November 2009 Parks (10 m) Playgrounds (10 m) Beaches (designated areas) Sport & recreation Fields (10 m) Community events (10 m) South Bruce November 2009 Parks (15 m) Playgrounds (30 m) Sport & recreation fields (15 m) Community events (10 m) St. Thomas November 2009 Parks and playgrounds, includes splash pads, swimming pools, skate parks, players benches and tennis courts (30 m) Chatham-Kent November 2009 Playgrounds (9 m) Municipal buildings (9 m) Transit stops and shelters (4 m) Barrie July 2009 Complete smoking ban on municipally owned parks, playgrounds, beaches, sport & recreation fields and recreation building property. Toronto January 2009 Playgrounds, splash pads, wading pools, petting zoos & farms (9 m) Orillia June 2008 Parks (10 m) Playgrounds (10 m) Beaches (10 m) *precedent for Canada Sport & recreation fields (10 m) Municipal buildings (10 m) Wasaga Beach September 2008 Parks (9m) Playgrounds (9 m) Sport & playing fields (9 m) Municipal recreation buildings (9 m) Woodstock September 2008 Playgrounds (30 m) Sport & playing fields (15 m) Municipal buildings (9 m) Transit stops and shelters (4 m) Community events (can apply to be smoke-free) Downtown patios and municipal sidewalks (smoke-free)
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Agenda Info Item M October 29, 2012
City of December 2007 Parks (9 m) Peterborough (last revision May 2011) Playgrounds, skate parks, splash pads (9 m) Beaches (9 m) Sport & recreation playing fields includes seating (9 m) Municipal entrances (9 m) Sault Ste. Marie September 2007 Municipal parks (15 m) Playgrounds (15 m) Sport & recreation playing fields (15 m) Municipal entrances (4 m) Ottawa August 2004 Municipal parks (9 m) Playgrounds (9 m) Beaches (9 m) Sport & recreation playing fields (9 m) Municipal entrances (9 m) Collingwood November 2002 Public playgrounds (25 m), includes swimming pools, municipal entrances, sports and recreation playing fields (25 m)
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Policy Options Smoke-Free Public Outdoor Spaces Policy Options The list below reflects four available options presented in order from least restrictive to most restrictive of smoking in public outdoor spaces.
OPTION 1 COST IMPLICATIONS PROS CONS No smoking within nine (9) metres of: More signage Moves exposure to ETS out of Several public settings not required at various danger zone for the listed included. a) All public playgrounds and arenas, locations on a settings. A defined distance (9 m) Agenda Info Item M including but not limited to swimming property (e.g., Most people believe existing creates confusion with a pools, splash pads, sports and playgrounds) to law requires a buffer of 9 m setting since the property recreation playing fields, outdoor indicate the 9 m from all entrances. boundary may be unclear. areas used for public enjoyment and distance. Creates confusion re: "How far recreation areas for children such as 9 m signs required is 9 metres?" petting zoos, trails, and public for entrances. Places increased demands on gardens. Staffing (impacts enforcement staff. b) All public places and workplaces time required for Does not address role entrances/doorways (public places Enforcement Officer modelling or social norms
and workplaces, as defined in current to educate and concerns. Children still view Bylaw 10-2004). enforce) the smokers. October 29, 2012
Not reflective of trends for outdoor bylaw development in other communities. Bad image for our communities. Safety concerns - adults attempting to smoke 9 m from child/setting can no longer
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7 Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
OPTION 2 COST IMPLICATIONS PROS CONS
A complete smoking ban in: General signage Increased protection from Does not include beaches, or required at outdoor ETS. golf courses.
a) All outdoor areas used for public areas to indicate no- Complete ban is easier to While exemptions may enjoyment and recreation areas for smoking zone. understand and obey; easier to increase perception of co- 9 m signs required enforce. operation with festival and children, including but not limited to for entrances. Festival option for designated event organizers, residents parks, playgrounds, playing fields, Staffing (impacts smoking area addresses and workers/volunteers would swimming pools, splash pads, petting time required for concerns of organizers of potentially be exposed to zoos, trails, public gardens, festivals, Enforcement Officer events whose audience is environmental tobacco smoke. etc.) to educate and adult. Requires consultation Festival organizers required to Agenda Info Item M enforce) with Enforcement Officers apply for a designated b) All municipally-owned and/or Added promotion, which provides an opportunity smoking area. operated recreational properties* processing and to explain the Smoke-Free enforcement of Ontario Act and ensure No smoking within 9 m of all public Designated Smoking increased compliance. places and workplaces entrances/doorways Area applications. Less litter. (public places and workplaces, as defined Attempts to address role in current Bylaw 10-2004). modelling and social norms related to child focused Application process required for settings. Designated Smoking Areas at public October 29, 2012 Reflects recent trend for outdoor events and festivals used for public outdoor bylaw development. enjoyment and recreation where the audience is adult.
* Exemptions for long-term care homes, marinas, campgrounds, beaches, and golf courses - current legislation to apply.
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8 Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
OPTION 3 COST IMPLICATIONS PROS CONS A complete smoking ban in: General signage As above and: Does not fully respond to
required at outdoor Enforcement simplified. social norms and role a. All outdoor areas used for public areas to indicate no- Protects staff and patrons who modelling issues. enjoyment and children recreation smoking zone. work/dine outdoors on patios areas (including parks, playgrounds, 9 m signs required equally with those who playing fields, swimming pools, splash for entrances. work/dine indoors. pads, petting zoos, trails, public Staffing (impacts Protects children who frequent gardens, festivals and public time required for outdoor patios. beaches) Enforcement Officer Simplifies compliance Agenda Info Item M b. Municipally-owned and/or operated to educate and requirements for restaurant recreational properties* enforce) and bar proprietors. Equitable Added promotion, for all restaurants and bar c. All outdoor seating areas - bar and processing and operators. restaurant patios enforcement of Includes beaches. Designated Smoking No smoking within 9 m of all public Area applications. places and workplaces entrances/doorways (public places and workplaces, as defined in current Bylaw 10-2004).
Application process required for October 29, 2012 Designated Smoking Areas at public outdoor events and festivals used for public enjoyment and recreation where the audience is adult.
* Exemptions for long-term care homes, marinas, campgrounds, and golf courses - current legislation to apply.
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9 Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
OPTIONS COST IMPLICATIONS PROS CONS
4) A complete smoking ban in all outdoor General signage As in Option 2 and 3 and: Imposes on private living areas including: required at outdoor Best for the health of Lambton; spaces at marinas and areas to indicate no- protecting everyone from ETS. campgrounds. a. Areas used for public enjoyment and smoking zone. Fully addresses role modelling recreation (including parks, and social norms issues. playgrounds, playing fields, swimming Staffing (minimal impact on time Includes full property of all golf pools, splash pads, petting zoos, courses, marina trails, beaches, public gardens, required for Potential for an increase in marinas, etc.). Enforcement Officer attendance and visitor to educate and Agenda Info Item M b. Outdoor venues satisfaction at festivals similar enforce) c. Outdoor seating areas - restaurant Less expense to to the experience of and bar patios develop educational restaurants and bars.
d. Outdoor workplaces and support materials. e. Outdoor public events
f. Areas considered miscellaneous (see definition)
Definitions:
Outdoor workplaces
Outdoor areas October 29, 2012 Includes but not limited to - parks, playgrounds, wading or Includes but not limited to - restaurant/bar patios, open air markets, swimming pools, splash pads, sports fields, (e.g. but not limited to, sidewalk sales, ferries, tour boats, double‐decker buses, soccer fields, football fields, baseball/softball diamonds, basketball construction sites, cemeteries, outdoor public spaces that house courts, skateboard parks, tennis courts, lawn bowling greens, golf animals, such as zoos, farms, humane societies, veterinarians’ courses, horseshoe pits, ice surfaces, toboggan hills). offices, etc.).
Outdoor venues: Outdoor public events Includes but not limited to - stadiums, grandstands, watercraft, Includes but not limited to - festivals, fairs and spectator events – including tents that may be erected on the grounds – such as Page 155 of 270 public areas adjacent to water, beaches, docks, marinas, seawalls, piers, boardwalks, horticultural display areas or ornamental concerts, sporting events and parades. gardens, walking/hiking trails, campgrounds, bike paths. Specific streets, e.g., in a main shopping area or within a school zone, including the sidewalk, street, lane, thoroughfare, curb, Outdoor seating areas: retaining wall, boulevard, etc. Includes but not limited to - restaurant and bar patios (regulations in Miscellaneous place, but doesn’t protect bar servers), buffer zone of a specific Includes but not limited to - movie and bank machine lineups, number of metres around the perimeter of the patio, entranceways parking lots, transit shelters and transit stops, including taxi stands. and air intakes; buffer zone makes patios truly smoke‐free.
10 Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
Preferred Option
Option 3 Why this option? A complete smoking ban in: Demonstrated strong public support (RRFSS) for smoke-
free playgrounds, doorways and entrances, playgrounds a) All outdoor areas used for public enjoyment and children and patios. recreation areas (including parks, playgrounds, playing fields, Achieves goal to protect children from exposure to ETS, swimming pools, splash pads, petting zoos, trails, public enhances role modelling of tobacco-free choices, and Agenda Info Item M gardens, festivals and public beaches) addresses social acceptance of the choice to smoke. Increased compliance with the bylaw. Number of complaints b) Municipally-owned and/or operated recreational properties* and inquiries reduced.
c) All outdoor seating areas - bar and restaurant patios Enforcement less complex with complete ban. Reflects current bylaws in development or recently enacted No smoking within 9 m of all public places and workplaces (Hamilton, Niagara). entrances/doorways (public places and workplaces, as defined in current Bylaw 10-2004).
Application process required for Designated Smoking Areas at public outdoor events and festivals used for public enjoyment and October 29, 2012 recreation where the audience is adult.
* Exemptions for long-term care homes, marinas, campgrounds, and golf courses - current legislation to apply.
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11 Smoke-Free Public Outdoor Spaces Technical Report - October 19, 2011
Agenda Info Item M October 29, 2012
Proposed Public Consultation Process
Public Awareness Ads will be placed in all local media advertising date, location and times of public meetings. Letters to stakeholders should be mailed explaining the impending process and encouraging stakeholders to make presentations. On-Line Survey An on-line survey will be posted to allow residents to submit their feedback regarding the proposed restrictions. Telephone Survey The telephone survey, currently undertaken through the Rapid Risk Factor Surveillance System, will reflect the most recent data. Public A series of seven public consultations in Lambton County up to two hours in length Consultation will be held Sarnia (2), Petrolia, St. Clair Township, Lambton Shores (2) and Process Warwick Township to educate the public, gather information, and measure public support for smoke-free outdoor spaces and report findings to County Council with a draft bylaw for consideration. Invitations extended to neighboring municipalities and an opportunity for anyone to attend any of the public sessions. Panel (internal) chair all meetings receive and answer questions co-ordinate speakers tape all meetings to ensure accuracy and completeness Objectives gather input on the content and implementation of the proposed bylaw submit a report to Lambton County council with recommendations Process Public/participants will be asked to:
Register at meetings to comment on the proposed bylaw In five minutes or less, state their name and indicate: o proposed bylaw support or opposition o restrictions they support or oppose o bylaw amendments o bylaw implementation o timing of bylaw enactment (month, year) Written Submissions - The public and stakeholders will be invited to submit a written presentation to the panel without having to attend a meeting.
Enforcement Many jurisdictions throughout Canada, around the world, and notably in Ontario, have successfully regulated outdoor smoking. Studies of some existing bylaws demonstrate that enforcement has not been difficult and compliance is not a significant issue6, 7, 8. Bylaws have been in place for two or more years throughout Ontario including Orillia, Belleville, Collingwood, Woodstock, and Peterborough. Municipalities reported either no increase in complaints, or minimal complaints/inquiries that required a response. Municipalities also reported no impact on the use of city recreational facilities9. Lambton’s Tobacco Enforcement team anticipates a similar situation for our community. With a strong public education component, past experience suggests there will be a positive public response such as when Lambton’s non-smoking By-Law was introduced in 2004 (Smoking in Public Places and Workplaces By-Law No. 10-2004) and again with the implementation of the Smoke-Free Ontario Act in 2006. Lambton currently employs three 0.5 FTE Enforcement Officers (EOs) who are trained, experienced and are responsible for enforcement of Lambton’s 2004 non-smoking bylaw and the 2006 Smoke-Free Ontario Act, as well as other County By-Laws. No additional funding is required for enforcement; EOs are 100% funded through Smoke-Free Ontario. The Enforcement team would be responsible to assist with the smooth introduction and implementation of the proposed By-Law.
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Agenda Info Item M October 29, 2012
Successful implementation of the new By-Law requires a comprehensive enforcement strategy involving three components; education, signage and appropriate enforcement. Its success will be measured by documenting a high compliance rate which relies on a foundation of strong public support. All are necessary to successfully implement the Smoke-Free Public Outdoor Spaces bylaw. 1. Education – A well-planned multi-strategic communication strategy will inform everyone about the bylaw and how to comply with it. This would include advertising, a series of media releases and media interviews, presentations, attendance at a number of community events, details reported on the websites of the Community Health Services Department and the County of Lambton, and availability of printed resources. To achieve compliance the public must know about and understand the bylaw. The Enforcement Officers (EOs) will have a significant role promoting the bylaw as part of their enforcement duties.
2. Signage – Visible (strategically placed) and attractive signage is important for successful smoke-free policy. Signage would help maximize education and compliance and therefore assist residents to self-enforce the outdoor smoke-free bylaw.
3. Enforcement –The first enforcement priority will focus on responding to complaints which may initially be high and decrease over time. Warnings will then be given as part of our education plan and when needed, charges will be issued. It is expected the number of charges will be low because there is a high rate of support for this bylaw. A By-Law is only effective if it has a high compliance rate and is enforceable. Therefore, complexity of the Smoke-free Public Outdoor Spaces Bylaw will have an impact. The public wants to comply with the law and to do so the bylaw must be easily understood by everyone; the public and the Enforcement Officers. A complex bylaw will result in a number of complaints, additional time dedicated to explaining the bylaw, a number of charges issued, and a lower compliance rate.
Conclusion The County of Lambton, as part of its 'duty to protect', has made tremendous strides to safeguard people of all ages from involuntary exposure to indoor ETS. Research suggests further steps are needed to further improve the quality of life by creating outdoor smoke-free zones in public spaces. Smoke-free outdoor policies are a relevant, and an emerging area in tobacco control efforts consistent with County of Lambton Community Health Service Department's program goals to eliminate non-smokers’ exposure to second-hand smoke. Implementing restrictions on smoking in specific municipal outdoor spaces would contribute to the improved health and well-being of residents, and thereby the wider community. Improved health supports prosperity in the County of Lambton, and reduces the economic burden of smoking in our community.
Recommendation a) It is recommended that Community Health Services Department staff organize and hold a series of public consultations in Lambton County to educate the public, gather information, and measure public support for smoke-free outdoor spaces and report findings to County Council with a draft bylaw for consideration by early 2012.
b) That council support Policy Option 3 as a basis for public consultations.
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References
1 Building On Our Gains, Taking Action Now: Ontario’s Tobacco Control Strategy for 2011 - 2016; Report from the Tobacco Strategy Advisory Group to the Minister of Health Promotion and Sport. October 18, 2010; http://www.mhp.gov.on.ca/en/smoke-free/TSAG%20Report.pdf 2 Forsythe J. Smoke‐Free Outdoor Public Spaces: A Community Advocacy Toolkit. Physicians for a Smoke‐Free Canada, Ottawa, Ontario. September 2010 3 U.S. Department of Health and Human Services. The Health Consequences of Involuntary Exposure to Tobacco Smoke: A Report of the Surgeon General. Atlanta: U.S. Department of Health and Human Services, Centers for Disease Control and Prevention, Coordinating Center for Health Promotion, National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, 2006 [accessed 2011 August 19]. 4 F.J. Galloway Associates Inc., Strategic Plan, County of Lambton, February 2003. 5 Lynch, Megan, McDonald, Kevin. Smoking and Second-hand Smoke in Outdoor Municipal Recreational Areas in Hamilton. Submitted by Elizabeth Richardson, MD, MHSc, FRCPC, Medical Officer of Health, Public Health Services Department. City of Hamilton, Public Health Services Division, February 28, 2011 6 Klein, Elizabeth G, Jean L. Forster, Brittany McFadden and Corliss W. Outley. “Minnesota tobacco‐free park policies: Attitudes of the general public and park officials”. Nicotine and Tobacco Research. January 2007; 1 (S1):S53 7 Kennedy, R.D., Fong, G.T., Thompson, M.E., Kaufman, P.K., Ferrence, R., Schwartz, R., “Evaluation of a Comprehensive Outdoor Smoking Bylaw - A Longitudinal Study of Smokers and Non-Smokers in the Canadian City of Woodstock”, poster presentation 6th National Conference on Tobacco or Health, November 2009. 8 Thinkwell Research. (2010) “Smoke free Nova Scotia Bridgewater smoke free spaces survey”. Accessed at www.smokefreens.ca/current-initiatives/outdoor-spaces-resources 9Smoking and Second-hand Smoke in Outdoor Municipal Recreational Areas in Hamilton. Submitted by Elizabeth Richardson, MD, MHSc, FRCPC, Medical Officer of Health, Public Health Services Department. City of Hamilton, Public Health Services Division, February 28, 2011
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Smoke-Free Public Outdoor Spaces Public Consultation Report February 15, 2012
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Table of Contents
Executive Summary ...... 3
I - Why Smoke-Free Public Outdoor Spaces? ...... 5
II - Public Consultation Process ...... 8
III - Findings ...... 9
IV - Proposed Scope for Smoke-Free Outdoor Spaces By-law ...... 18
V - Implementation ...... 20
Report prepared by members of the Health Promotion and Program Support team:
Jordan Banninga, Health Promoter Jennifer Beaubien, Health Promoter Kevin Churchill, Manager Crystal Palleschi, Epidemiologist Donna Schmidtmeyer, Supervisor, Ontario Tobacco Strategy
County of Lambton Community Health Services Department, 2012
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Executive Summary
The County of Lambton has identified in its strategic goals the vision of a healthy community, and as such has made tremendous strides to safeguard people of all ages from involuntary exposure to indoor second-hand smoke. As public support for limiting exposure to second hand smoke continues to grow to include outdoor areas, further action is needed to further improve the quality of life through the creation of outdoor smoke-free spaces.
Smoke-free outdoor policies are an effective means of reducing exposure to both the physical dangers of tobacco smoke, as well as the image of smoking - which can be equally harmful to children. Smoke-free outdoor spaces are an emerging area in tobacco control consistent with County of Lambton Community Health Service Department’s program goals to eliminate exposure to second-hand smoke.
Implementing restrictions on smoking in specific municipal outdoor spaces would contribute to the improved health and well-being of all. Improved health supports prosperity in the County of Lambton, and reduces the economic burden of smoking in our community. Tobacco use remains the number one preventable cause of death and disability among adults in Lambton County.
Summary of Public Consultation Process While meeting attendance was low, when factored in with other opportunities for input, a total of 306 responses were received through the public input phase. Some of these individuals may have commented through more than one means, and this is difficult to measure. When considered collectively, the responses indicate that:
A strong majority of respondents (70%) are in favour of restricting smoking around entrances to municipal buildings. A clear majority of respondents (65%) are in favour of restricting smoking around arenas. A clear majority of respondents (67%) are in favour of restricting smoking in parks - (42% support completely smoke free parks, and 25% support restrictions of 9 metres from playground equipment). A clear majority (64%) of respondents are in favour of restricting smoking around sports fields (such as baseball diamonds, soccer fields, football fields, etc.). A clear majority (65%) are in favour of no changes to current restrictions on municipal golf courses. A majority of respondents (55%) are in favour of regulations restricting smoking in municipally operated campgrounds or marinas. A slim majority of respondents (53%) are in favour of no changes to current restrictions at municipal beaches.
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Based on these responses, the greatest public consensus is for regulation that encompasses the following:
No smoking within 9 metres of entrances to all Municipal Buildings including office buildings, arenas, community centres, libraries, clubhouses, garages/sheds, etc. (excluding public housing residences, and bus shelters).
No smoking within 9 metres of all municipally owned or operated public Playgrounds. This includes swimming pools, splash pads, outdoor areas used for public enjoyment and recreation areas for children such as petting zoos (excluding beaches).
No smoking within 9 metres of active municipally owned or operated Playing Fields (a field which is clearly marked for sports or recreation and where sports are being played). This includes baseball diamonds, soccer fields, football fields, etc.
A provision that would allow non-municipal property owners including public sector and private businesses to opt-in to the by-law to designate a smoke free area within 9 metres from entrances of their buildings.
Such a policy will achieve the following goals:
Moves exposure to second-hand smoke out of danger zone. Addresses role modelling and social norms for children and youth. Most people believe existing laws prohibit smoking within 9 metres of all public entrances. Allows businesses to opt-in to the by-law to include 9 metres from entrances of their buildings and have it enforced by the Tobacco Enforcement Officers. Prohibiting smoking in these spaces will decrease the presence of litter.
While this Executive Summary serves as a high-level overview, readers are encouraged to peruse the full Smoke Free Outdoor Spaces Public Consultation Report in the pages that follow. In addition to this report, County Councillors will be provided with an Appendix document which contain all public input received in detail.
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I - Why Smoke-Free Outdoor Spaces?
One of our goals as a public health department is to reduce the use of tobacco products in Lambton County and work towards a Smoke-Free Ontario in order to reduce preventable chronic disease illness in our community. This is done by: Preventing tobacco use, especially among youth. Protecting non-smokers from second-hand smoke. Providing cessation support for those smokers who want to quit.
In order to accomplish these goals, the Community Health Services Department (CHSD) provides education, cessation, youth engagement and enforcement programs that fall under the mandate of the Ontario Public Health Standards. Smoke-free outdoor spaces have been identified as an emerging issue in tobacco control and have already been implemented in over 60 municipalities across the province of Ontario. A smoking ban in outdoor public spaces has public health relevance as it can protect people from second-hand smoke; promote positive role modelling for children and youth in public settings; support those who wish to quit smoking and who are trying to cut back; promote a healthier environment and reduce discarded cigarettes which are toxic to children and pets; and reflect the opinion of the majority of Lambton residents.
Tobacco Use in Lambton County Lambton has an overall smoking rate of 22.8% which is higher than the provincial average of 18.9% (Canadian Community Health Survey, 2009/2010). Our community also has a higher incidence of asthma, chronic obstructive pulmonary disease, arrhythmia, and ischemic heart disease. Of the 22.8% of people who smoke in Lambton, 63.7% want to quit smoking (RRFSS 2009). Most smokers take up the habit as a youth. 17.4% of youth aged 12 to 19 are estimated to be current smokers in Lambton (Canadian Community Health Survey 2007/2008).
Rapid Risk Factor Surveillance System The Rapid Risk Factor Surveillance System (RRFSS) is a series of ongoing monthly telephone surveys designed to monitor community trends in risk factors within the service area of participating health units. The sample is randomly selected from the adult population 18 years and over, who speak either English or French and who reside in private households in Lambton County. Note that occupied households without telephones are not included in the sample population, but according to Statistics Canada, these households represent only 3% of all Ontario households. This survey collects data that is statistically valid, representative of the community within a small margin of error, and provides valuable data for public health program planning.
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The RRFSS data collected between 2008 and 2011 found that there is significant support for policy addressing smoking in Lambton’s outdoor spaces (Graph 1) and that this support had increased during this period.
Lambton Tobacco Network The Lambton Tobacco Network (LTN) formed in 2006 and is a community partnership, made up of 25 agencies representing various community sectors, whose goal is to foster communication, collaboration, and continuing education related to smoking cessation and other tobacco-related issues that are deemed timely and appropriate. Membership is open to individuals and organizations that have an interest in tobacco use prevention, protection, and cessation.
This organization strongly believes there is a need to create outdoor smoke-free spaces in Lambton County stating:
“Creating smoke-free spaces will further protect the health of our community by increasing protection against second-hand smoke, encouraging smokers to quit or cut back and decrease negative role modelling for children… The need for increased tobacco control is still great and the Lambton Tobacco Network endorses the implementation of the recommended outdoor smoke-free spaces by-law."
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Healthy Sarnia-Lambton Community Picture
In 2011, the Healthy Communities Fund-Partnership Stream initiative focused on six priority areas identified by the Ministry of Health Promotion and Sport. Tobacco use/exposure was one of these priorities. The report summarized data, discussed trends and emerging issues, and presented suggested actions which were developed from current data, key informant surveys, a community online survey, and stakeholder consultations.
The recommendations developed through this process which relate to Tobacco Use Exposure are included here:
Recommended Actions 1. Address high youth smoking rates through education as well as the provision of smoking cessation programs. 2. Create smoke-free public places and outdoor areas including parks, sports fields and beaches, in addition to expanding smoke-free areas around entrance ways. Policy Direction Amend the Lambton County tobacco by-law to include outdoor areas.
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II - Public Consultation Process
Council Mandate November 2, 20122
1. Educate the Public 2. Gather Information 3. Report Findings
Radio Public Meetings Submission of report
Print/Media Online Survey
Website Tobacco Hotline
Email Email Responses
Public StepMeetings One Step Two Step Three
On November 2, 2011 County Council approved a motion which gave the Community Health Services Department (CHSD) a mandate to: 1. Educate the public 2. Gather information 3. Report findings to County Council
The purpose of public consultation process is to present information on the issue at hand and to receive public input to guide the County’s future actions. Public meetings have the potential to improve public understanding about a project and correct misinformation, particularly for a complex project, and to explore opinions in greater depth. The very title consultation means that we consult with the public in a democratic fashion before pushing forward any legislative goals.
The above flow chart is a visual representation of how the public consultation process was conducted. The following information gives a detailed breakdown of each of the components of the council mandate:
1. Educating the Public:
A variety of methods were used to provide current information on the issue of tobacco control and the ongoing trend for pursuing an outdoor spaces by-law. Once the mandate was approved, CHSD began to run radio ads informing the public about upcoming consultation meetings and smoke-free outdoor spaces. Print media ads were also run in all local newspapers for the public consultation
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meetings and further information on the website. An email was also distributed to all the businesses in the Sarnia-Lambton Economic Partnership. The information provided on the CHSD website included the Technical Report of October, 2011 and ways to share input and comments. A presentation was also given at each public meeting which highlighted health data and the goals to be achieved through regulation of smoke-free outdoor public spaces.
2. Gathering Information:
In order to fulfill the mandate from County Council to gather information a variety of methods were employed. By providing several different ways for the public to contribute their opinions it was hoped more members of the public would engage in the process. Methods of information collection included collection of public comments at the consultation meetings, a survey (hosted online, conducted at public meetings, and available by hardcopy), email submissions, and by telephone through the tobacco hotline.
3. Report Findings:
Data collected through the above means is reported in this document to help county council fully consider the viewpoint of all stakeholders in considering the breadth and scope of a municipal smoke-free outdoor spaces by-law.
III - Findings
1) Public Consultation Meetings
Seven public meetings were held in the following communities between November 15 and November 24, 2011 (Petrolia, Watford, Forest, Mooretown, Sarnia (two meetings) and Grand Bend) in order to provide an opportunity for those who wished to learn more about the proposal and to voice their opinion.
Each consultation meeting consisted of the same format. Attendance at the meetings was: Petrolia (11), Watford (3), Mooretown (8), Forest (7), Sarnia afternoon (9), Sarnia evening (23) and Grand Bend (4). Local media were present at some of the meetings which facilitated dissemination of information to the public, and members of County Council were present at several meetings.
Complete meeting summaries and full statements from the consultations will be provided to councillors. The following comments are condensed from the participant’s statements and from the question and answer period, but only represent the opinions of those who participated. They are grouped: those supporting, those opposing and those with no position or other concerns.
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Comments supporting an outdoor smoking by-law: Comment Discussion Aids in cessation Participants felt that providing smoke-free outdoor municipally owned or operated public spaces would help those who are trying to quit. Already in place in other Lambton County is not the first to consider a by-law municipalities that restricts smoking in outdoor public spaces. Protecting people, including Commented on the negative health effects of children from the health effects smoking and second-hand smoke. No evidence enforcement will be Other municipalities have not found enforcement to an issue be an issue. Providing positive role modelling Participants felt that we need to set good examples for children for children and not smoke. Smokers have the right to choose Participants made the point that smoking in public to smoke not the right to smoke spaces in not a “right”, especially when it can affect anywhere they want the health of others. Smoking in public is a nuisance The smell of smoke is unpleasant and people should not have to walk through clouds of smoke when entering buildings. Smoking is associated with There were issues raised that smokers cost the increase health care costs health care system money and we should actively try to reduce these costs. Would reduce litter Participants commented on the fact that cigarette butts are the most common form of litter. 9 meter rule would keep people Several participants supported a 9 meter buffer happy zone.
Comments opposing an outdoor smoking by-law: Comment Discussion More concerned with other Participants voiced concern that second-hand environmental hazards smoke is less of a hazard than industrial pollution. Infringement on freedom of Participants felt smokers have the right to smoke in choice public spaces and that government should not make this choice for them. Government over-regulation Participants felt government is over-regulating daily activity and wondered where it would end. Potential issues with special Festivals and events that draw people into the events community and support the economy could be hurt by such a ban. Participants asked if exemptions would be made. Second-hand smoke does not kill The validity of the scientific data and negative health effects of tobacco were questioned. Waste of tax dollars Participants felt that there could be a better use of tax dollars than by-law implementation.
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No position/other concerns
Comment Discussion Enforcement concerns Issues of enforcement regarding variance, cost, difficulty and procedure were raised for clarification. Costs associated with Inquiries from the public in regard to the implementation implementation cost were raised and who would provide funding.
2) Surveys - Online and Interactive Clicker
An online survey provided an opportunity for those to participate that would not be able to attend meetings or who are generally less vocal. This method has the potential to capture a greater cross-section of the community and to collect the public’s concerns and preferences. Generally, participation rates are higher than other forms of public consultation.
Limitations: While participation was good, it must be noted that self-initiated surveys suffer from "selection bias". Only those who have a strong opinion, one way or another are likely to be motivated enough to participate. At best, they present themselves as a rough gauge of public sentiment and a means of generating qualitative data. It must be noted that while useful as one means of collecting public input, the results must be interpreted with a degree of caution.
The online survey was posted from November 13 to November 30, 2011. It was promoted through media releases, public meetings, the CHSD website, an email distribution to community partners, and emails to workplaces. In total, 244 responses were started with 221 surveys being completed.
Overall, the results of the online survey indicate a majority of respondents support a change in current smoking regulation. The level of support varies for the degree of regulation and depended on the outdoor space in question as reported.
The online survey asked the level of support for regulation addressing eight specific outdoor spaces. There was also an opportunity to give additional comments. The results are described in the following section.
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Outdoor Spaces Surrounding Arenas: Total of 223 responses with 65% in favour of regulation (39% for 100% smoke-free grounds, 26% for 9 metres from entrances).
There were a total of 50 comments submitted addressing this question.
Those in favour of the regulation of tobacco use outside arenas were concerned about the cloud of smoke they had to walk through in order to get into an arena and noted health concerns and the need to hold their breath as the factors making them want regulation.
Those opposed to smoke-free outdoor spaces raised enforcement as another concern, wondering who would do the enforcing and how a 9 metre rule could be enforced.
Parks: Total of 222 responses with 67% in favour of regulation (42% for 100% smoke-free grounds, 25% for 9 metres from playground equipment).
There were a total of 45 comments addressing this question.
Those in favour of regulation agreed that there is a need to be protecting children and the minimum of what is needed is a nine metre rule around a playground. Health effects of the smoke as well as the poor role modelling of smoking were the main concerns. Those people who were concerned about the role modelling wanted to reduce the risk of the youth starting to smoke.
Those not in favour of the regulation were mostly concerned about an individual's right to choose to smoke. Other comments were concerned with other sources
Smoke-Free Outdoor Spaces Public Consultation Report 12 Page 171 of 270 Agenda Info Item M October 29, 2012
of air pollution including vehicle exhaust, and barbeque smoke, suggesting the need to address these issues. Enforcement was also a concern in this area, mentioning that large signage would be needed.
Designated smoking areas were brought up, mentioning that it would be a nice idea to designate an area like they do "in Disneyworld". A concern over how this would impact concerts and festivals was also raised with the suggestion that these events could be exempt from the by-law.
Sports Fields: Total of 221 responses with 64% in favour of regulation (43% for 100% smoke-free grounds and 21% for 9 metres from sports field).
There were a total of 38 comments submitted on this topic.
Tobacco and sports do not mix was the major theme of those in favour of tobacco regulation at sports fields. Protecting our children from harmful effects of smoke and good role modelling were the major reasons respondents felt tobacco should be regulated at sports fields.
Concern for an individual's right to choose to smoke was most commonly noted as a reason to not implement a by-law.
Municipally Owned Buildings: Total of 222 responses with 69% in favour of regulation.
There were a total of 41 comments on this theme.
Smoke-Free Outdoor Spaces Public Consultation Report 13 Page 172 of 270 Agenda Info Item M October 29, 2012
Those in favour of regulation were very concerned about the cloud of smoke that they had to walk through in order to get into municipal buildings; especially for those with asthma and allergies to smoke. It was indicated that the area where people are allowed to smoke needs to be where people do not walk through to get to the building and it was further suggested it actually be a greater distance than 9 metres.
Confusion about current regulation was identified as many thought current rules already included nine metres from all buildings.
Municipally Owned and Operated Beaches:
Total of 222 responses with 47% in favour of regulation.
There were a total of 40 comments addressing this area.
Cigarette butt litter and the concerns related to the effects they could have on children and wildlife if ingested were identified as the main reasons for needed smoke-free regulation on beaches. Respondents were very concerned about the impact of this litter and the effect on the water.
Designated smoking areas were suggested as a potential idea for beaches which would allow both smokers and non-smokers to enjoy the beach.
Municipally Owned/ Operated Campgrounds or Marinas:
Total of 221 responses with 55% in favour of regulation (24% for 100% smoke-free grounds, 31% for public areas only to be smoke-free with smoking permitted on campsites/ boat slips).
There were a total of 23 comments in regard to this area.
Smoke-Free Outdoor Spaces Public Consultation Report 14 Page 173 of 270 Agenda Info Item M October 29, 2012
The majority of comments in this area were concerned that campsites/boat slips are personal space and users of the space should be able to choose to smoke or not. Concerns about loss of patrons and therefore revenue to these areas were also cited.
Municipally Owned or Operated Golf Courses:
Total of 219 responses with 35% in favour of regulation.
There were a total of 24 comments on this area.
Those in favour of regulation were mostly concerned with the litter problem from cigarette butts on the golf course. Enforcement was identified as the biggest challenge in this area, with people stating concerns of how it could be accomplished.
Municipally Owned or Operated Long-Term Care Homes:
Total of 218 responses with 35% in favour of regulation.
There were a total of 35 comments submitted.
Respondents commented that current regulation was sufficient for Long Term Care Homes stating it would be unkind and unsafe to make residents quit or walk off of the property. Respondents also thought staff should be provided with a designated smoking area away from the public.
Summary - Online Survey Generally, those in favour of smoke-free outdoor spaces regulation were concerned with protecting the health of non-smokers by not subjecting them to second-hand smoke. They felt they should not have to walk through a cloud of smoke to get into a building or be subjected to smoke while watching or
Smoke-Free Outdoor Spaces Public Consultation Report 15 Page 174 of 270 Agenda Info Item M October 29, 2012
participating in a sporting event. Concerns were expressed about their children's health and the negative role modelling of having smoking around children. They are looking for a safer (less toxic exposure) and cleaner community with cleaner air and less tobacco litter.
Designated smoking areas were suggested as a potential solution for certain areas making it possible for smokers to enjoy these outdoor spaces while protecting non-smokers. Also, it was suggested to allow special events to have an exemption from the by-law or to create a designated smoking area.
Vehicle exhaust and harmful chemicals were raised as major air pollutants that should also be addressed.
Overall, those not wanting smoke-free outdoor spaces regulation were mostly concerned with the rights of smokers.
Clicker Survey - Public Meetings An Interactive Clicker Survey was conducted at each of the public consultation meetings. Again, it provided a forum for the public to voice their concerns if they did not wish to make a statement or respond during the question and answer period. Like the online survey, there are severe limitations to the usefulness of the interactive clicker survey data. The small sample size and lack of randomization does not depict an accurate representation of the full cross- section of Lambton. However, it did give the participants the opportunity to feel involved in the decision making process and the opportunity to ask further questions and was seen as a useful addition to the meetings by participants.
Overall, the results of the interactive survey indicate the majority of the 50 total respondents support a change in the current smoking regulation. The results are represented in the following graph:
Smoke-Free Outdoor Spaces Public Consultation Report 16 Page 175 of 270 Agenda Info Item M October 29, 2012
3) Email Responses and Telephone Messages
Lambton residents were also given a chance to respond through email to [email protected] or by calling the tobacco hotline at 519-383-3810. In total, 18 emails and 2 phone calls were received.
Comments supporting an outdoor smoking by-law:
Comment Discussion Protecting people, including Commented on the negative health effects of children from the health effects smoking and second-hand smoke. Providing positive role modelling Participants felt that we need to set good examples for children for children and not smoke. Smokers have the right to choose Participants made the point that smoking in public to smoke not the right to smoke spaces in not a “right”, especially when it can affect anywhere they want the health of others. Smoking in public is a nuisance The smell of smoke is unpleasant and people should not have to walk through clouds of smoke when entering buildings. Smoking in Marinas Respondents felt the need for a ban at marinas but felt that this situation should be dealt with similar to hotel rooms, where there are designated rooms or boat slips to smoke. 9 meter rule would keep people Concerns were raised about making spaces happy completely smoke-free. Respondents felt that a 9m buffer would be sufficient.
Comments against an outdoor smoking by-law
Comment Discussion More concerned with other Respondents voiced concern that second-hand environmental hazards smoke is less of a hazard than industrial pollution. Infringement on freedom of Respondents felt smokers have the right to smoke choice in public spaces and that government should not make this choice for them. Government over-regulation Respondents felt government is over-regulating daily activity and wondered where it would end. Potential issues with special Festivals and events that draw people into the events community and support the economy could be hurt by such a ban. Participants asked if exemptions would be made. Waste of tax dollars Respondents felt that there could be a better use of tax dollars than by-law implementation.
Smoke-Free Outdoor Spaces Public Consultation Report 17 Page 176 of 270 Agenda Info Item M October 29, 2012
IV – Proposed Scope for Smoke-Free Outdoor Spaces By-law
No smoking within 9 metres of entrances to all Municipal Buildings including office buildings, arenas, community centres, libraries, clubhouses, garages/sheds, etc. (excluding public housing residences, and bus shelters).
No smoking within 9 metres of all municipally owned or operated public Playgrounds. This includes swimming pools, splash pads, outdoor areas used for public enjoyment and recreation areas for children such as petting zoos (excluding beaches).
No smoking within 9 metres of active municipally owned or operated Playing Fields (a field which is clearly marked for sports or recreation and where sports are being played). This includes baseball diamonds, soccer fields, football fields, etc.
A provision that would allow non-municipal property owners including public sector and private businesses to opt-in to the by-law to designate a smoke free area within 9 metres from entrances of their buildings.
RATIONALE:
1. No smoking within 9 metres of entrances to all Municipal Buildings.
Data collected through phone surveys conducted in 2010 and 2011 indicates 89.1% (RRFSS) of Lambton County residents, and 69% of participants in the online survey conducted in November, 2011 support smoke-free zones as they enter public buildings. The use of visible, clear signage will indicate that smoking is not permitted within 9 metres of the building.
2. Prohibit Smoking within 9 metres of Playgrounds and Playing Fields.
RRFSS data determined 79.1% and 76.1% of Lambton County residents support smoke-free outdoor spaces in playgrounds and sports fields respectively and the online survey found 67% and 64% of participants shared this opinion. Making these spaces smoke-free achieves the goals to role model smoke-free behaviour to children, and to reduce exposure to second-hand smoke. As well, such a policy encourages people who want to quit smoking to achieve their own goals.
Smoke-Free Outdoor Spaces Public Consultation Report 18 Page 177 of 270 Agenda Info Item M October 29, 2012
Signage will be placed prominently with a clear message so the public will be able to easily comply with the new by-law. When we look to the experience from other communities we learn that such signage assists in the by-law being self-compliant.
3. Exclude beaches
While responses to the phone survey indicate the community supports smoke-free beaches (68.4%), participants in the online survey indicated only 47% were in favour of this step. With consideration for consistent enforcement and the possibility of less than majority support, beaches are not recommended to be included in a smoke-free outdoor spaces by-law.
Since 2010 there are designated smoke-free beaches in Lambton, such as at Canatara Park, and it is recommended municipalities continue to employ this policy approach to create smoke-free beach areas in response to the growing public demand.
4. Exclude golf courses
The online survey reports only 35% of participants being in favour of smoke-free golf courses (this question was not specifically included in the phone survey). With consideration of such a low response it is recommended that there be a 9 metre smoke-free zone around buildings to be consistent with other municipal buildings; yet making smoking permitted on the fairways. This will also enable the current municipally owned and operated golf course to remain competitive with similar businesses.
Smoke-Free Outdoor Spaces Public Consultation Report 19 Page 178 of 270 Agenda Info Item M October 29, 2012
V – Implementation Process
Successful implementation of any new by-law requires a comprehensive implementation plan involving three components; education, signage and appropriate enforcement. Its success will be measured by documenting a high compliance rate which relies on a foundation of strong public support.
a) Education
The most integral factor of implementation is education. Information sharing with the public is crucial to the acceptance and eventual self-enforcement of the by-law. This dialogue helps to clarify the impacts of the by-law; gives the public further emphasis on the dangers of smoking and second-hand smoke; supports those stakeholder groups who may unduly be affected; and provides an opportunity to build relationships. Therefore a comprehensive, multi- faceted communications strategy will be implemented:
In order to indicate the main elements of the by-law, when it will take effect, and where to get more information, media releases will be distributed to radio stations, newspapers, and television stations. As well, earned media will be employed through participation with radio call-in programs, news coverage, and arranging interview opportunities. Additionally, print and radio advertisements will be purchased.
The internet offers a key opportunity to provide information to the public. The by-law, and fact sheets will be available to the community through CHSD’s website and social media (both paid advertisements and using Facebook) will be useful.
Conducting an email distribution to community partners will ensure key stakeholders are aware of the new by-law.
Presentations will be offered to any community group interested in having a representative from the Tobacco Team explain the goals the by-law is designed to achieve and its various components.
b) Signage
Clear and visible signage will need to be placed in each outdoor space affected by the new by-law. The signs will need to be well designed to easily communicate where smoking is prohibited in order to ensure cooperative compliance by the public.
Two types of signage need to be made; to indicate smoking is prohibited within 9 metres from buildings and to indicate smoking is prohibited in selected outdoor spaces as defined by the by-law. There are 222 municipally
Smoke-Free Outdoor Spaces Public Consultation Report 20 Page 179 of 270 Agenda Info Item M October 29, 2012
owned or operated parks and playgrounds, 4 recreational spaces within municipal campgrounds and marinas, and 204 municipally owned or operated buildings.
c) Enforcement
Enforcement Officers will have an integral role in promoting the new by-law with the public. Prior to the by-law taking effect, they will visit the various sites to talk with people there about the coming by-law. This would begin a minimum of two months prior to the by-law taking effect.
Progressive enforcement will be employed after the by-law is implemented. This will begin with the Enforcement Officers continuing to visit these sites and providing information to the public to heighten their understanding of the by-law. Warnings will be provided during the first 6 months after the by-law takes effect. At that time, Enforcement Officers will follow-up on complaints as a priority and may continue to issue warnings depending on the circumstances with tickets being issued when warranted. It is expected that the need for enforcement will diminish over time. In order to assist the public with compliance issues, they will be encouraged to report problem locations through the tobacco hotline.
Based on the experience during the implementation of Lambton’s Smoke-free Workplaces and Public Places by-law and again with the introduction of the Smoke-Free Ontario Act, it is expected that the public will comply with the law. It is expected that a by-law will be self-enforcing with adequate education and signage.
Enforcement activities will be reported to County Council on a quarterly basis.
d) Cost of Implementation
In order to implement a smoke-free outdoor spaces by-law successfully, funds will be needed to conduct a public education campaign and to purchase signage. Anticipated costs include:
Item Estimated Cost Public Education Campaign (paid advertisements, $11,000. print educational materials) Signage $18,000. Hot-button design $ 1,000. Total $30,000.
Smoke-Free Outdoor Spaces Public Consultation Report 21 Page 180 of 270 Agenda Info Item M October 29, 2012
Key Messages: Why Smoke‐free Outdoor Spaces? (Adapted from the Physicians for a Smoke-free Canada, Smoke-free Public Spaces Community Advocacy Toolkit)
There are many benefits of a municipal bylaw that regulates smoking in outdoor public spaces.
A. Protects people from secondhand smoke Second‐hand smoke is extremely toxic. It contains over 4000 chemicals including at least 69 known substances that cause cancer.7 In an outdoor setting, SHS can be a hazard, though this can be affected by circumstances such as wind speed and direction, number of people smoking, proximity of smokers, etc. According to researcher Niel Klepeis from Stanford University,
“…when measured close to a person who is actively smoking, air pollution can reach very high levels that are similar to levels observed for indoor smoking. However, the difference for outdoor air is that pollution levels disappear rapidly when a smoker stops smoking, whereas indoors they can persist for several hours.”8
B. Increases the motivation for smokers to quit or cut back Smoke‐free public spaces provide a supportive environment for people who wish to stop smoking. Research has demonstrated that when smoking bans have been implemented in workplaces and communities many smokers have chosen to cut back or quit smoking entirely.9
C. Decreases negative role modeling for children Smoking restrictions, both indoors and outdoors, help decrease the social acceptability of smoking and challenge the perception among youth that “everybody smokes.” If children and youth are not exposed to smoking behaviour, they may be less likely to think of it as normal and be able to resist peer pressure and other incentives to start smoking.10 11 Since most smokers start before the age of 18, this is important for current and future public health.
7 National Cancer Institute. (2001) Monograph 13, Risks Associated with Smoking Cigarettes with Low‐Machine Measured Yields of Tar and Nicotine. U.S. Department of Health Human Services. October 2001: pages 160‐165. Accessed July 27, 2010 at http://cancercontrol.cancer.gov/tcrb/monographs/13/m13_complete.pdf. 8 Klepeis NE. (2007) Outdoor Tobacco Smoke Study. In TobaccoSmoke.Org, based on the findings of Klepeis NE, Ott WR, Switzer P. Real‐time measurement of outdoor tobacco smoke particles. J Air Waste Manag Assoc. 2007 May;57(5):522‐34. Accessed August 1, 2010 at http://www.tobaccosmoke.org/outdoor‐tobacco‐smoke. 9 Statistics Canada (2007) Smoking Bans: Influence on Prevalence. Shields M in Health Reports, vol 18 no 3, Aug 22, 2007. Accessed August 2, 2010 at http://www.statcan.gc.ca/pub/82‐003‐x/2006008/article/10306‐eng.htm. Smoke‐Free Outdoor Spaces: A Community Advocacy Toolkit 14 10 Song AV, Glantz SA. Pushing secondhand smoke and the tobacco industry outside the social norm to reduce adolescent smoking. J Adolesc Health. 2008 Oct;43(4):315‐7. Accessed August 1, 2010 at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2566746/pdf/nihms‐71308.pdf. 11 Bernat DH, Erickson DJ, Widome R, Perry CL, Forster JL. Adolescent smoking trajectories: results from a population‐based cohort study. J Adolesc Health. 2008 Oct;43(4):334‐40. Accessed August 1, 2010 at http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2743902/pdf/nihms‐86919.pdf.
Page 181 of 270 Agenda Info Item M October 29, 2012
COMMUNITY HEALTH SERVICES DEPARTMENT
Health Promotion & Program Support 150 N. Christina Street Sarnia, ON N7T 8H3 Telephone: 519 344-2057 Toll Free: 1-800-387-2882 Fax: 519 344-2025 www.lambtonhealth.on.ca
Frequently Asked Questions September 2012 For Internal Use
Q. Why implement a Smoke-Free Outdoor Spaces Bylaw?
Protects people, especially children from second-hand smoke. Promotes positive role modeling for children and youth. Encourages current smokers to quit or cut back.
Q. Are Lambton residents in favour of a Smoke-Free Outdoor Spaces Bylaw?
A. Yes, data from telephone surveys in 2010 and 2011 reported that support for smoke-free spaces ranged from 68%-89%. Refer to the RRFSS data (pages 2 and 3 of Smoke-Free Public Outdoor Spaces Technical Report) for a detailed breakdown.
Council also mandated Community Health Services to gather more information through online surveys, public meetings and email and telephone submissions. The public input indicated strongest support for smoke free entrances, playgrounds and playing fields. Refer to Public Consultation Report for a detailed breakdown of the findings.
Q. What is the current percentage of people who smoke in Lambton County?
A. 22.8% of Lambton residents, aged 12 years and older, reported being current daily or occasional smokers compared to the provincial rate of 18.9% (Canadian Community Health Survey, 2009/10).
Q. How would this bylaw fit with other smoke-free regulations currently in place?
A. At the moment, the Smoke-Free Ontario Act protects the health of Ontarians by prohibiting smoking in all enclosed workplaces and enclosed public spaces. It also prohibits smoking in vehicles when children under 16 are present. There is no protection in outdoor spaces. The benefit of keeping Bylaw 10-2004 active is
CaringGrowingInnovative Page 182 of 270 Agenda Info Item M October 29, 2012
that it could give us the flexibility to respond to indoor smoking issues that arise. Even with an outdoor bylaw in place, having our indoor bylaw remain on the books would make it easier to respond to emerging issues such as hookah, multi-unit dwellings, etc.
Q. How will people know where they are not allowed to smoke?
A. Awareness will be achieved through the use of an education campaign and signage. The education campaign will also include a period of time where enforcement officers will warn and educate, rather than ticket offenders.
Q. How will the bylaw be enforced?
A. Many jurisdictions in Ontario have successfully implemented a smoke-free outdoor spaces bylaw. Studies have shown that compliance and enforcement has been straightforward and that they tend to be self-enforcing and not requiring significant resources from Tobacco Enforcement Officers following implementation.
Q. What have other municipalities done?
A. A variety of smoke-free outdoor spaces bylaws have been passed by over 88 municipalities throughout the province. They range from smoking bans on all municipally owned property, to variances around municipal buildings, parks, playgrounds and sports fields.
Q. How successful has enforcement of these bylaws been?
A. Anecdotal evidence tells us that outdoor smoking bylaws are self-enforcing and few resources are needed to ensure compliance once an education campaign has been conducted.
Q. Will there be exemptions for festivals that are held in parks or on sports fields?
A. There will be no need for exemptions when festivals are held on sports fields. The bylaw states that there is no smoking within 9m of sports fields that are in active use. During festivals the sports fields will not be in use for sporting and recreational activity. The 9m variance around playgrounds will still be enforced at all times.
Q. Is there any evidence to suggest that people would not go to the parks because of this bylaw?
A. A comprehensive evaluation of the Woodstock bylaw found that there was no negative impact on the usage of park space.
CaringGrowingInnovative Page 183 of 270 Page 184 of 270 Agenda Info Item N October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
CITY SOLICITOR/CLERK’S DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 23, 2012
SUBJECT: Kathleen Avenue Partial Lane Closure and Sale to Adjacent Owner
Recommendations: It is recommended:
1. That Sarnia City Council authorize the stopping up and closing of a portion of a laneway on Plan 71 at the rear of 177 Kathleen Avenue, Sarnia.
2. That Sarnia City Council declare that portion of the laneway at the rear of 177 Kathleen Avenue as surplus.
3. That Sarnia City Council authorize the sale of that portion of the laneway at the rear of 177 Kathleen Avenue to the owners of 177 Kathleen Avenue for $1.00.
Background: Registered Plan 71(SA), which shows the above noted laneway, was deposited on title in 1904. The Plan shows a fourteen foot six inch (14.6’) laneway running east and west at the rear of 408, 414, 418, 422, 426, 430 and 434 Wellington Street. The lawyer for the owners of 177 Kathleen Avenue has requested that the portion of the laneway at the rear of 177 Kathleen Avenue, as shown on the map attached, be conveyed to the owners of 177 Kathleen Avenue at this time as the laneway has been a part of the legal description of the property at 177 Kathleen Avenue for the past 35 years. There is no access to this laneway as other parts have been stopped up, closed and conveyed to adjoining neighbours in the past.
Page 185 of 270 Agenda Info Item N October 29, 2012
Comments: A Reference Plan will be provided showing the part of the laneway to be conveyed. A by-law to stop up, close and convey is in the by-law section for Council’s approval and the number of the Reference Plan will be inserted when finalized and registered.
There is a real estate transaction pending for 177 Kathleen Avenue and conveying the parts of the laneway to the owners of the property would help facilitate the real estate transaction.
Consultation: There have been ongoing discussions with the owners and their lawyer and they are in agreement with this report. The Engineering Development Manager has been made aware of this proposal and raised no objections. Subsequently, Union Gas, Bell Canada and Bluewater Power were contacted concerning whether any utilities were located on the lands. Bluewater Power, Union Gas and Bell Canada have no objections to the proposed closure and sale. Public Notice was given as required under the Municipal Act, 2001, as amended and the City’s Public Notice By-Law.
Financial Implications: The owners will pay for all transfer and Reference Plan costs.
Reviewed by: Approved by:
Brian W. Knott Lloyd Fennell City Solicitor/Clerk City Manager
This report was prepared by Angie Dixon, Law Clerk.
Attachment: Site Map
Doc: L:\LAW CLERK\KATHLEEN177\KATHLEEN LANEWAY CLOSURE-RTC-OCT23-12.AD1 (FILE #12-112)
Page 186 of 270 Agenda Info Item N October 29, 2012
SITE MAP
LANEWAY PROPOSED TO BE CLOSED AND
ST. S. SOLD
KATHLEEN AVENUE
177
MACKENZIE WELLINGTON STREET
NOT TO SCALE
Page 187 of 270 Page 188 of 270 Agenda Info Item O October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519 332-0330 519 332-3995 (fax) 519 332-2664 (TTY) www.sarnia.ca [email protected]
October 22, 2012
Mayor Bradley and Members of Sarnia City Council:
Re: Parking Restrictions on Lakeshore Road
The reconsideration of the Parking Restrictions on Lakeshore Road was originally scheduled for the October 29, 2011 meeting. We have now been advised that the Engineering Department is still in the process of providing notice of the reconsideration to the residents in the area. As a result, this item will now not be considered until the November 19, 2012 meeting of Council.
Sincerely,
Brian W. Knott City Solicitor/Clerk
Page 189 of 270 Page 190 of 270 Agenda Info Item P October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
PARKS and RECREATION
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Ian Smith, Director of Parks and Recreation
DATE: October 17, 2012
SUBJECT: Sarnia Bay Marina Fish Cleaning Station
Recommendation: It is recommended this report be received for information.
Background: At a previous Council meeting, Council directed staff prepare a report on the implications of inviting the Bluewater Anglers to construct a fish cleaning station at the Sarnia Bay boat launch.
Comments: Staff reviewed the issue and note the following concerns:
(a) Bluewater Anglers have not raised this issue recently. (b) The City placed a RFP call for a bait shop and fish cleaning station at the boat launch area. No submissions were received by the City. (c) The site is not conducive to a fish cleaning station as the focus of the area has changed with the installation of a children’s playground, memorial area and the hosting of large scale events in Centennial Park. (d) The fishing cleaning site would require the installation of a water/ sewer line, which will add incrementally to the cost of the project. (e) The daily maintenance with the removal of the entrails and necessary sanitation maintenance will create a cost center that the City does not wish to offset. (f) During the summer months, the waste management implication of a fish cleaning station would create some insurmountable challenges to the Centennial Park maintenance area neighbours. The odour from the fish station disposal would be quite strong and
Page 191 of 270 Agenda Info Item P October 29, 2012
depending on wind could affect a variety of neighbouring businesses.
Consultation: This report was discussed with the City Manager and City Solicitor/ Clerk.
Financial Implications: There are no financial implications associated with this report.
Prepared by: Approved by:
Ian Smith Lloyd Fennell Director of Parks and Recreation City Manager
Attachment(s): None
Page 192 of 270 Agenda Info Item Q October 29, 2012
Ministry of Health Ministere de Ia Sante and Care et des Soins de longue duree
Office of the Minister Bureau du ministre
Floor, Hepburn Block 1o• etage, edifice Hepburn 80 Grosvenor Street 80, rue Grosvenor Toronto ON M7A 2C4 Toronto ON M7A 2C4 Tel 416-327-4300 Tel 416-327-4300 Fax 416-326-1571 Telae 416-326-i 571 www.health.gov.on.ca www.health.gov.on.ca
OCT 0 3 1011 HLTC2966MC-2012-9193
His Worship Mike Bradley Mayor of Sarnia 255 North Christina Street PO Box 3018 Sarnia ON N7T 7N2 ·{, ~ Dear~ fY/if-fL
Thank writing regarding programme in Sarnia-Lambton. I welcome the opportunity to respond.
When it comes to caring for our seniors, i agree it's essential that our seniors live their later years with dignity and respect. pleased that you are supportive of Home First. As you're aware, this programme is a shift in how our health care system operates and delivers care to seniors. It's about making every effort to support seniors to go home safely after a hospital stay, rather than seeing 1"'\nf... _T<:>rn... care as only
With Home First, are better identified and supported so they can safely go make important decisions about their future. If returning home with care is not possible or
Integration are working together to resolve any concerns around the
providing funds to funding, an 3 budget.
Page 193 of 270 Agenda Info Item Q October 29, 2012
His Worship Mike Bradley
part of the Action to ensure we have the supports in place meet the needs of our aging population, we'll be launching a Seniors Care Strategy with an intense focus on supporting seniors to remain healthy and stay home longer, thus reducing strain on hospitals and long-term care homes.
Seniors Strategy will include:
-. An expansion of house calls; .. An additional 3 million Personal Support Worker hours of home care for seniors;
411 Care co-ordinators that will work closely with health care providers to make sure the right care is in place for seniors recovering after hospital stays, to reduce readmissions; • The Healthy Homes Renovation Tax Credit, which will help seniors adapt their home to meet their needs as they age, so they can live at home, longer; and ,. Providing Local Health Integration Networks (LHINs) with greater flexibility to shift resources where the need is greatest, such as home or community care.
more information about Ontario's Action Plan for Health Care, please visit the ministry web site www. Ontario.ca/healthychange.
In closing I'd like to emphasize that our ministry trusts that local decision-making is essential to the transformation and delivery of health care. As LHINs are the managers of the health care system in their areas, you may wish share your ideas with Gary Switzer, Chief Executive Officer of the ESC who reached through the contact information below.
Clair 180 Riverview Drive Chatham [email protected]
it comes after our ones, we build a more caring, compassionate Ontario.
Page 194 of 270 Agenda Info Item Q October 29, 2012
12
Matthews, MPP Minister and Long Office of the Minister 80 Grosvenor Street Qth Floor, TORONTO, ON
Dear Ms.
RE: HOME FIRST PROGRAMME
Page 195 of 270 Page 196 of 270 Agenda Info Item R October29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
TRANSIT DEPARTMENT NAME
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Jim Stevens, Director of Transit
DATE: October 23, 2012
SUBJECT: Transit Ridership: Overcapacity on Bus Routes
Beginning with this fall’s semester at Lambton College, Sarnia Transit has been experiencing significant overcrowding of buses on two routes in particular, to the extent that on many occasions passengers at bus stops along the routes could not be accommodated and had to wait for the next scheduled buses. This has resulted in several complaints from our customers.
To address the issue additional “trippers” have been assigned to certain morning trips on Route 2 Devine and Route 9 to Lambton College. Trippers are an economical use of resources to reduce overcrowding for designated trips by utilizing buses going into service or coming out of service from other areas of the city. An Express Bus had to be added to Route 9 between Lambton College and the Murphy Road terminal for a few trips during the afternoon peak period to address the same issue.
Over the past ten years the Transit Department has been right sizing its fleet to smaller buses; however staff will be recommending the purchase of 40 foot buses in the draft 2013 Capital Budget for the next couple of years in order to accommodate increased ridership to the Lambton College area.
This information is for Sarnia City Council’s information and no further action is required at this time.
Page 197 of 270 Page 198 of 270 Agenda Info Item S October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA City Solicitor/Clerk’s Department 255 Christina Street N. PO Box 3018 Sarnia ON Canada N7T 7N2 519 332-0330 519 332-3995 (fax) 519 332-2664 (TTY) www.sarnia.ca [email protected]
October 25, 2012
Mayor Bradley and Members of Sarnia City Council:
Re: Blue Communities Resolutions
The attached information with respect to Blue Communities and Public Spaces Recycling was received from Ms. Robyn Hanlyn and placed on the agenda at the request of Mayor Bradley.
Ms. Hamlyn is seeking Council’s support for the following two resolutions:
1. Recognizing Water as a Human Right 2. Promoting Publicly Owned and Operated Water and Wastewater Infrastructure
Brian W. Knott City Solicitor/Clerk
Attachments: Letter from R. Hamlyn Blue Communities Project Guide
Page 199 of 270 Agenda Info Item S October 29, 2012
Thank you so much Mayor Bradley, members of council and staff for having me here. You have no idea how happy I am coming here to talk to all of you.
My name is Robyn Hamlyn. I am 13 years old and from Kingston. I am here to talk to you tonight about the world’s water problem and how we can help.
In June, 2011, my teacher showed our class a documentary called Blue Gold: World Water Wars.
Here are just some of the facts that I have learned and that really scare me:
(1) Our earth holds 97% salt water and 3% fresh water. Almost all of that 3% is already polluted.
(2) Because Canada is a water rich country we tend to take our water for granted and we use up water faster than it can be replenished through natural systems. Just around the Great Lakes, we pump almost 3.2 trillion litres of water a day. 7.4 billion litres do not get returned.
(3) Most provinces charge Big Water Companies next to nothing to take water from our springs and aquifers and whole watersheds are now threatened.
(4) Canada, Russia and Brazil are the water rich countries of the world. As fresh water starts to disappear or become polluted, the rest of the world will want water from these three places (America has severe water problems and has already planned canals able to move Canadian water into America. The Great Lakes are a main target as both America and Canada share them). What is really scary is that they are saying this will probably happen within 10 to 20 years from now when I’m a young adult.
After seeing this movie, I wanted to do something so my mom said that I could write a letter to our mayor and tell him my concerns. I did and Mayor Gerretsen invited me to meet with him.
I was very nervous and I wanted to be prepared for my meeting, so I e-mailed the director of the movie, Sam Botzo. I asked him if there was anything specific to Kingston that I should talk about in this meeting.
He got me in touch with Maude Barlow who is the author of the book that the movie was based on. Maude belongs to the Council of Canadians which is an organization that brings Canadians together to act for social, economic and environmental justice in Canada and around the world. I was told that asking my mayor to make Kingston a Blue Community would be a positive step in the right direction.
A Blue Community treats water as belonging to no one and is the responsibility of all. It must be governed by principles that allow for reasonable use, equal distribution and responsible treatment in order to preserve water for nature and future generations like me.
Page 200 of 270 Agenda Info Item S October 29, 2012
There are three resolutions that need to be passed in order for a community to become a Blue Community.
The first one is:
Ban the sale of bottled water in public facilities and at municipal events.
Bottled water companies are selling us our own water that we can get from the tap at a huge profit.
To manufacture one litre of bottled water, 3 to 5 litres of water is required.
Bottled water companies require massive amounts of fossil fuels to manufacture and transport their bottled water which contributes to climate change.
As for the recycling of these bottles, an unimaginable amount end up in our land fills. There was an article in the Toronto Sun that said “as few as 50% of the water bottles Torontonians consume everyday are actually being recycled. That means as many as 65 million empty plastic water bottles per year end up as garbage in a landfill waste site.” And that’s just Toronto!
In order to convince people to spend 200-3000 times what they spend on tap water, bottled water companies say that their water is safer, but this isn’t true. Bottled water is regulated as a food product under the Canadian Food Inspection Agency. This means that the water bottling plants are inspected on average only once every 3 years. Municipal tap water is tested continuously – both during and after treatment.
They say that they are providing healthier alternatives but we have to open our eyes and look at the costs: over pumping of our precious water, destruction of our watersheds and all the greenhouse gases that they’ve produced in trying to give us a healthier alternative that we can easily get from our tap or from water fountains equipped with spouts for water bottle re-filling.
The second resolution is
Recognize water as a human right.
We want water to be used responsibly and distributed fairly. Now, I know that some communities are nervous of this resolution. They think that it’s an international issue. I completely disagree. I believe that we need to start small, person by person, community by community and this will then grow to a national level and then hopefully to an international level. We can do this.
The third and last resolution is
Promote publicly financed, owned and operated water and sanitation services
We need to protect our water resources and keep our water services publicly owned. When water and sanitation services are privatized, the workforce usually gets cut and the
Page 201 of 270 Agenda Info Item S October 29, 2012
price to the customer gets increased. In the end service is poorer and the company ends up with bigger profits. The City of Sarnia already has publicly owned and operated water and wastewater services, so this resolution should not be difficult to pass.
I was invited to present to our City Council on September 20th. They had already banned the sale of bottled water and their water and wastewater services were already publicly owned. They passed the Human Right resolution and declared themselves a Blue Community.
After that I did a mass mailing in November to mayors across Ontario and had an overwhelming response to my letters.
Since then,
• I have made trips in December, February, a big one over my March Break, April, June and July. • I have had 18 meetings with mayors and councillors all across Ontario as well as with the mayor of St. John’s, Newfoundland. • I have presented to 9 different councils (Clarington, Caledon, Norfolk, Pickering, St. Catharines, Niagara Falls, Port Colborne, Brantford and Cambridge) & to 2 committees. • I have had the mayors of Ajax, Burlington, Guelph and Owen Sound present for me at their own council meetings. • The Town of Ajax, the City of St. Catharines, the City of Niagara Falls and the Municipality of Clarington are now Blue Communities • The County of Norfolk passed the banning of bottled water and the human right resolution and the Cities of Burlington, Port Colborne and Guelph all passed the human right resolution. I am awaiting word on the rest • I have been invited back to present at council meetings in Chatham-Kent, Newmarket, Oshawa and Vaughan
I am here today to ask all of you to help me save our water. I can’t do this without you. Please pass these important resolutions to make the City of Sarnia, a Blue Community. There are sample resolutions in this Blue Community Project Guide that is in your package.
I am on a mission and it’s going to take me a long time to make a difference. I am starting small by going from community to community. I eventually want to work my way up to presenting to the premiers of each of our provinces and then to the prime minister but I can’t do this without your help. I am only a teenager, so they are not going to listen to me unless they see that I have enough people around me that think and feel the same way I do.
I believe in the Power of One and I want to believe that even though our reality looks very bad right now, if we work together, one community at a time, we can save our planet’s life source. Thank you
Page 202 of 270 Agenda Info Item S October 29, 2012
Blue Communities Project Guide
Page 203 of 270 Agenda Info Item S October 29, 2012
1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 204 of 270 Agenda Info Item S October 29, 2012
What is a blue community? Blue Communities Project Guide
A “blue community” is one that adopts a water commons framework by taking the three actions outlined in this guide. In this guide: A water commons framework treats water as belonging to no one, and What is a blue the responsibility of all. Because water is central to human activity, it Community? ... pg 3 must be governed by principles that allow for reasonable use, equal distribution and responsible treatment in order to preserve water for Recognize water as a human right ... pg 5 nature and future generations.
Ban the sale of bottled water in The Blue Communities Project calls on communities to adopt a water municipal facilities and at municipal commons framework by: events ... pg 9 1. Recognizing water as a human right. Promote publicly-owned and 2. Promoting publicly financed, owned and operated water and waste- operated water and wastewater infrastructure ... pg 12 water services. 3. Banning the sale of bottled water in public facilities and at munici- Blue Communities pal events. Checklist ... pg 16 This guide provides information and resources to help you achieve these goals.
The Blue Communities Project The Blue Communities Project is a joint initiative of the Council of Canadians and the Canadian Union of Public Employees (CUPE). This project builds on a decade of Water Watch work in coalition with many other groups to protect public water services and challenge the bottled water industry.
The Blue Communities Project Guide was created to help community activists and local leaders protect the water commons – our shared water resources – in the face of increasing pressure to put water up for sale and privatize water services. As a public sector worker, municipal councillor or community activist pursuing the creation of a “blue community,” you will become part of a growing movement for public water in Canada.
Blue Communities Project Guide Page 205 of 270 3 Agenda Info Item S October 29, 2012 Why Blue Communities? Canada’s waterways are increasingly polluted and depleted by unsustainable industrial, agricultural and municipal activities. Our water services face the growing threats of underfunding and privatization. The need to protect water resources and services is urgent and governments must play a central role in ensuring water is used responsibly and allocated fairly.
The push to privatize Canada’s water and sewage systems through long- term operation contracts, or so-called public-private partnerships (P3s), began more than a decade ago. The Harper government has made water privatization a key part of its agenda in the last few years by committing public money destined for water infrastructure to the hands of water profiteers through funding mechanisms aimed at promoting P3s.
In the meantime, the bottled water industry sells water – what should be a shared public resource – for huge profits. Greenhouse gasses are emitted and watersheds destroyed as a result of producing and transporting bottled water. Bottled water production places a huge stress on increasingly scarce water resources.
Finally, Canada has refused to recognize water as a human right domestically, and has actively prevented the adoption of water as a human right in international law.
Municipalities are responsible for water quality, supply, treatment and conservation. The adoption of a water commons framework to address these problems at the community level is crucial in the battle to preserve water and ensure fair access to all.
4 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 206 of 270 Agenda Info Item S October 29, 2012
Recognize water as a human right Blue Communities Project Guide
Water is essential to life – no one should be able to control it or expropriate it for profit. The human right to water entitles everyone to sufficient, What community activists safe, accessible water for personal and domestic uses. can do The recognition of water as a human right in Canada would ensure that Support a municipal declaration on all people living in this country are legally entitled to sufficient quantities recognizing water as a human right. of safe, clean drinking water and water for sanitation, and would require that access inequalities be addressed immediately. Unfortunately, water Ask your Member of Parliament to support Canada recognizing is not officially recognized as a human right by the federal government. the right to water at the United Nations. On the other hand, the rights of corporations, whose activities drain, contaminate and destroy watersheds, are protected in the North American Free Trade Agreement (NAFTA) and other international trade and investment agreements.
What municipalities can do Internationally, the Canadian government has also actively prevented the recognition of water as a human right at key United Nations (UN) Sign a municipal declaration meetings. recognizing water as a human right. In 2002, Canada was the only country to vote against the right to Call on regional municipal bodies to drinking water and sanitation at hearings of the UN Commission on recognize water as a human right. Human Rights (now known as the Human Rights Council). The Canadian government has said that water is an important issue and that countries are responsible for ensuring their populations have access to water. But Canada has clearly stated it does not believe that international law should recognize the existence of a right to water.
In the current global water crisis, billions of people still lack access to basic water and sanitation services. Every day, thousands of people die from preventable diseases contracted because they do not have access to clean water. The recognition of water as a human right in international law allows for the means and mechanisms of the UN to be employed to hold governments accountable for ensuring that their populations have access to safe clean drinking water and water for sanitation purposes.
Canadian municipalities and the right to water Responsibility for water is shared between provincial, municipal and federal governments. It is therefore crucial that the right to water be enshrined at every level of government.
Blue Communities Project Guide Page 207 of 270 5 Agenda Info Item S October 29, 2012 A municipal recognition of the right to water would:
• Safeguard against a pricing scheme that would limit access to drinking water. • Ensure all residents have equal access to adequate supplies of safe, clean water. • Provide citizens with information on their water supply and the operation of their water services. • Promote water conservation, treatment, reuse and source protec- tion to enhance water quality and quantity. Most Canadian municipalities already meet these criteria. However, official recognition of the right to water at the municipal level would cement these principles. It would also create much-needed momentum to apply pressure on other orders of government to play their role in recognizing water as a human right.
6 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 208 of 270 Agenda Info Item S October 29, 2012 Sample Resolution Recognize water as a WHEREAS one in six people around the world does not have access to human right clean drinking water; and,
WHEREAS over a quarter of Canadian municipalities have faced water shortages; and,
WHEREAS the Canadian Medical Association reported 1,766 boil water advisories in Canadian communities in 2008 leading to thousands of waterborne illnesses every year; and
WHEREAS Indigenous communities in Canada have been disproportionately affected by lack of access to clean safe drinking water; and,
WHEREAS the UN Conference on Water in 1977 in Mar del Plata affirmed the right of all persons to access clean drinking water in order to satisfy their fundamental needs; and
WHEREAS the Canadian Union of Public Employees and the Council of Canadians have asked Canadian municipalities to assist in their effort to have the federal government recognize access to drinking water as a human right;
THEREFORE BE IT RESOLVED that this Council recognizes and affirms that access to clean water is a fundamental human right.
BE IT FURTHER RESOLVED that this Council will call on the federal and provincial to enshrine water as a human right in federal and provincial law.
BE IT FURTHER RESOLVED that this Council will call on the government of Canada to support the recognition of water as a human right in international law.
Blue Communities Project Guide Page 209 of 270 7 Agenda Info Item S October 29, 2012 Good practices Recognize water as a human right Wallonia: The Belgian region of Wallonia officially recognizes that, “Each person has the right to dispose of a drinking water of quality and in sufficient quantity for its nutrition, its household needs and its health.”
In 2006, the Walloon Minister of Environment announced that the region would extend water solidarity to the international level. The region is in the process of developing legislation to support water projects in selected developing countries1.
Union of Nova Scotia Municipalities In 2007, the Union of Nova Scotia Municipalities recognized “access to clean water” as a “basic human right.”
1 http://www.righttowater.org.uk
8 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 210 of 270 Agenda Info Item S October 29, 2012 Ban the sale of bottled water in municipal facilities and at municipal events Blue Communities Project Guide
Bottled water represents an “enclosure” or private takeover of the water commons. Corporations take free flowing water from its natural state What community activists – or treated municipal water – put it in plastic bottles and sell it at can do exorbitant rates.
If your community isn’t bottled- While twenty years ago, bottled water was considered a luxury product water free, work in coalition to consumed by a niche market, today one-third of Canadian households introduce a motion to stop your rely on bottled water to meet their hydration needs, according to a 2006 municipality or school board from 1 selling or serving bottled water in Statistics Canada report . Agriculture and Agrifoods Canada reports that their facilities and at their events. Canadians consume two billion litres of bottled water per year.
Push for access to public water Canada is a net exporter of bottled water, selling its ancient glacier by calling for new drinking water waters all over the world mostly for the profit of big foreign-owned water fountains in public spaces. companies like Nestlé, Coca-Cola and Pepsi. Most provinces charge these companies next to nothing to extract this water from springs and aquifers. Whole watersheds are now under threat from this practice.
It also takes a lot of water to bottle water. The production process What municipalities can do requires three to five litres of water to produce a one litre bottle of bottled water. Ban or phase out the sale and purchase of bottled water in In order to persuade people to spend up to 3,000 times what they spend municipally-owned facilities and at municipal events. on tap water, bottled water companies advertise their products as a safer and healthier alternative. Nothing can be further from the truth. Bottled Ensure access to tap water by water is regulated as a food product under the Canadian Food Inspection installing and maintaining drinking Agency. Bottling plants are inspected on average only once every three water fountains in municipally- years. Regulation of tap water, on the other hand, is far more stringent. owned facilities and at municipally- In general, municipal tap water is tested continuously during and after sponsored events. treatment.
Promote the value of municipal Finally, in an era when the world is dealing with the impacts of climate water through public education change, the bottled water industry requires massive amounts of fossil campaigns. fuels to manufacture and transport its product. Protect and improve the quality of municipal tap water. Increasingly, Canadians are moving back to the tap, rejecting bottled water. A growing number of Canadian municipalities, school boards and other institutions are banning the sale and purchase of bottled water in their facilities and at their events.
1 “Against the flow: Which households drink bottled water?” EnviroStats, Summer 2008, Vol. 2, no. 2
Blue Communities Project Guide Page 211 of 270 9 Agenda Info Item S October 29, 2012 Sample resolution Ban the sale of bottled That, on the recommendation of the Acting General Manager of water in municipal Environmental & Engineering Services & City Engineer, the following facilities and at actions be taken: municipal events A) Municipal council APPROVE a resolution stating the following:
WHEREAS the Corporation of the City of London operates and maintains (*This resolution was passed by a regulated and sophisticated water distribution system that meets some London, Ontario municipal council of the most stringent water quality requirements in the world; in August 2008, along with a timeline for implementation and WHEREAS the regulatory requirements for monitoring water quality further directions for accompanying contained in bottled water are not as stringent as those that must be studies and budget reports. To see met by the Corporation of the City of London; the full municipal report, visit www. unbottleit.org) WHEREAS The Corporation of the City of London delivers water to its residents and businesses that translates, on average, to about one- eighth of a cent per litre;
WHEREAS single-use bottled water sold in London is 230 to 3,000 times more expensive than water from the tap in London, even though estimates suggest that between 10% and 25% of the bottled water originates from municipal water systems;
WHEREAS resource extraction, packaging and distribution of single-use bottled water creates unnecessary air quality and climate change impacts and consumes unnecessary resources such as oil in the manufacture of plastic bottles and in the fuel used in the transportation of bottled water to the consumer;
WHEREAS single-use plastic bottles, although easily recycled through the City of London recycling program, approximately 60% are captured in the Blue Box Program and the rest end up in the garbage bag and ultimately delivered to the City’s landfill site taking up unnecessary space without any further contribution to society;
WHEREAS single-use plastic bottles that are not recycled in the Blue Box program or placed in the garbage become litter in London’s streets, parks and boulevards;
WHEREAS the cost of managing single-use plastic bottles along with other recyclable material in the Blue Box program, after material revenue, has been removed, is currently 35% paid by industry stewards and 65% paid by London taxpayers and when the single-use plastic bottles and other recyclable materials are sent to landfill industry stewards do not pay any of the costs;
WHEREAS City of London tap water is safe, healthy and accessible to Londoners and visitors, and substantially more sustainable than single- use bottled water;
WHEREAS City of London tap water is readily available at most indoor public facilities, either in the form of a faucet in a bathroom or drinking fountain and, where it is not readily available a plan be put in motion to
10 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 212 of 270 Agenda Info Item S October 29, 2012 increase access to municipal water subject to water quality and safety Ban the sale of bottled requirements, budget and other considerations; water in municipal WHEREAS a priority of London Municipal Council remains that where facilities and at easy access to municipal tap water does not exist, the availability of municipal events bottled water is a very appropriate alternative;
WHEREAS the City Council wishes to set a positive example to the London community on environmental matters;
THEREFORE BE IT RESOLVED THAT a) single-use bottled water will no longer be sold in the City Hall cafeteria, from City-owned or City administered concessions and vending machines in public facilities where easy access to municipal tap water exists; b) single-use bottled water will no longer be purchased and provided at meetings where easy access to municipal water exists; c) The availability of water jugs with municipal water will be increased, where required; d) a City staff and public awareness campaign be developed to support the rationale for these important changes including the need for Londoners to do their part; and e) the following implementation schedule be followed subject to an assessment that tap water is readily accessible at these locations.
Good practices
Toronto’s “HT0 to Go” The City of Toronto recently created “HTO to Go” – a mobile water trailer that serves as a big drinking fountain and a fun way to educate people about the city’s water. Residents of Toronto organizing a public event can contact the city to have HTO to Go at their event.
U.S. mayors challenge bottled water In June 2008, at their annual conference, U.S. mayors passed a resolution to phase out the municipal use of bottled water in favour of tap water. Since then, the movement to ban bottled water has spread among U.S. municipalities.
Blue Communities Project Guide Page 213 of 270 11 Agenda Info Item S October 29, 2012 Promote publicly- owned and operated water and wastewater infrastructure Blue Communities Project Guide
Local communities directly own and operate the vast majority of Canadian drinking water and sewage treatment facilities. But as the What community activists need for reinvestment grows, our cities and towns are strapped with can do little new funding or revenue to pay to upgrade existing systems and build new ones. Local governments are considering privatizing through Demand a national water public-private partnerships (P3s), but they should be cautioned. infrastructure fund that supports publicly-owned and operated facilities and services by pressuring A P3 is a form of privatization. P3s are multi-decade contracts for private federal Members of Parliament to management of public services or infrastructure. They can include private make this a priority. financing, ownership and/or operation. P3s result in higher costs, lower quality and loss of public control. Bring a resolution to your local municipal government to protect Very few communities in Canada have experimented with P3s for drinking publicly-owned and operated water or sewer services, but there are lessons we can learn from those infrastructure. that have. Experience shows that privatization means water rates go up Establish a Water Watch Committee and accountability goes down. in your community to monitor city council meetings. Think of having a rotating water watcher who P3s waste the public’s money and leave commu- attends every council and relevant committee meeting to be on guard nities at risk against the early warning signs of P3s are more expensive than public ownership and operation because privatization. Contact the Council of of higher private-sector borrowing costs, transaction fees, and the need Canadians or the CUPE to find out more. to generate a profit. The costs of lawyers and consultants alone can set municipal governments back by millions of dollars before projects even get off the ground. Corporations charge a premium for so-called “risk- transfer.” But despite the cost, governments have not been successful in What municipalities can do transferring risk to the private sector.
Raise the issue at the Federation of Companies can walk away if a project is not profitable for them, but Canadian Municipalities by bringing governments cannot. Taxpayers absorb the costs of failed P3 deals, a resolution about P3s and public since the public “partner” is ultimately responsible for delivering services ownership to their next annual and infrastructure. conference. The credit crisis has made this abundantly clear as daily news stories tell Pass a resolution or declaration to keep water and waste water of private financiers that are unable to finance privatized infrastructure infrastructure in public hands in projects. Projects are being delayed or even cancelled, leaving your community. governments scrambling to find ways out of expensive messes.
Blue Communities Project Guide Page 214 of 270 12 Agenda Info Item S October 29, 2012 Resisting federal P3 pressure Despite the evidence that P3s are more expensive, risky, less effective and unaccountable, the federal government is aggressively pushing privatization as a prerequisite for federal funding. The Harper government’s Building Canada infrastructure plan forces governments seeking $50 million or more in federal contributions for a project to consider privatization through a costly and time-consuming P3 review.
But communities don’t have to take the bait. Local governments still have access to the lowest borrowing rates available. With new accounting standards requiring that P3s show up as public debt, there is no incentive left to rely on more expensive private financing, or to lock communities into long-term deals that tie governments’ hands.
Decades of infrastructure funding cuts have resulted in a “municipal infrastructure deficit.” The Federation of Canadian Municipalities estimates that Canadian communities need $31 billion to upgrade and develop new water and wastewater infrastructure.
Drinking water services have important public health and environmental implications. Protecting the public interest requires public control and autonomy. Public water utilities are responsive and accountable to communities.
The Council of Canadians and CUPE are calling on the federal government to provide funding to support publicly- owned and operated infrastructure through a national water infrastructure fund.
Blue Communities Project Guide Page 215 of 270 13 Agenda Info Item S October 29, 2012 Sample resolution Promote publicly- WHERAS public health depends on equitable access to clean water owned and operated supplies; and water and wastewater infrastructure WHERAS public ownership and operation of drinking water and wastewater treatment systems have improved access and quality over the past century; and
WHERAS our community is committed to protecting water and wastewater systems from the consequences of privatization through “public-private partnerships” or P3s, including:
• Lack of transparency and accountability to the public • Increased costs and higher user fees • Projects being delayed and cancelled leaving governments to deal with the consequences; and WHERAS the privatization of municipal water and wastewater treatment services through P3s or contracting out turns water into a commodity to be sold for profit;
THEREFORE BE IT RESOLVED that [the name of the municipality] oppose privatization in any form of water and wastewater treatment services, including through P3s, retaining these services in the public domain; and
BE IT FURTHER RESOLVED that Council lobby the federal government to fulfill its responsibility to support municipal infrastructure by investing in a national water infrastructure fund that would address the growing need to renew existing water and wastewater infrastructure and build new systems; and
BE IT FURTHER RESOLVED that Council forward this resolution to the Federation of Canadian Municipalities for circulation to all of its members.
14 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 216 of 270 Agenda Info Item S October 29, 2012 Cases in point Promote publicly- owned and operated Hamilton water and wastewater The cost of cleaning up a sewage spill in Hamilton, where a P3 was tried infrastructure for 10 years, was borne by the city. P3s also reduced transparency. In Hamilton, elected officials had to pay access to information fees under the Freedom of Information Act in order to see the contracts. The cost of so-called risk-transfer is high. Negotiations to renew the deal in Hamilton fell apart when the corporation tried to charge the city twice as much if they were to be accountable for risks in the future. The system is now back in public hands, surpassing environmental standards and delivering significant cost savings.
Seymour Capilano In 2001, the Greater Vancouver Regional District rejected the P3 option for their water treatment facility in response to public protests against the P3. Along with worries about loss of control, lack of accountability and higher costs, citizens voiced fears about the dangers under international trade deals of privatizing the water system. It is currently projected that the capital cost of the public project will be $566 million, even though the budget was set in 2003 at $600 million. That means the public project is currently projected to come in $34 million (5.6 per cent) under-budget. This is a sharp contrast to the major P3 projects now underway in B.C. in water and other areas, which have all turned out to be considerably more costly than they were estimated to cost when approved.
Moncton Water Treatment Facility In 2002, US Filter Canada, a subsidiary of a French multinational water company, was selected to design, build, operate and maintain Moncton’s water treatment facility over a 20-year contract. Today residents pay high water fees that are increasing much faster than they did prior to the P3. Between 1995 and 1999 fees increased by up to 7 per cent each year. Rates increased 75 per cent between 1999 and 2000.
Blue Communities Project Guide Page 217 of 270 15 Agenda Info Item S October 29, 2012 Steps to creating a blue community
1. Send an email to [email protected] to join the network of community activists, public sector workers, and local government officials working on creating a blue community. 2. Community members working on promoting the water commons are setting up Water Watch committees across the country. Visit www.canadians.org or cupe.ca to find out more. 3. Using the information provided in this guide, develop a strategy to promote water as a human right, keep water in public hands, and ban the sale of bottled water at public facilities and events.
Blue Community checklist We hope the information provided in this guide is useful in helping you develop strategies to protect the water commons in your community to:
• Recognize water as a human right. • Promote publicly-owned and operated water infrastructure. • Ban the sale of bottled water in publicly-owned facilities and at public events.
16 1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 218 of 270 Agenda Info Item S October 29, 2012 We are here to help Keep us informed of your progress by contacting us at bluecommunities@ canadians.org or by calling us toll free at 1-800-387-7177. We would love to feature your work on our website and share your stories and ideas with other communities in Canada.
Contact details for further info:
[email protected] or www.canadians.org/water
[email protected] or www.cupe.ca/water
The information contained in this guide is based on Our Water Commons; Toward a new freshwater narrative by Maude Barlow. A copy of the report can be downloaded at www.canadians.org or at onthecommons.org.
NOTES:
Blue Communities Project Guide Page 219 of 270 17 Agenda Info Item S October 29, 2012
1-800-387-7177 | www.canadians.org/water | www.cupe.ca/waterPage 220 of 270 Civic Report #1 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA People Serving People
SOLICITOR/CLERKS DEPARTMENT
OPEN SESSION REPORT
TO: Mayor Bradley and Members of Sarnia City Council
FROM: Brian W. Knott, City Solicitor/Clerk
DATE: October 11, 2012
SUBJECT: Monthly Raffle Report – September 2012
Organization Licence Fee Prize Sarnia Humane Society $90.00 $300.00 Royal Canadian Naval Association $75.00 $2,500.00 Saint Clair Secondary School $100.00 $3,300.00 Optimist of Saint Clair Sarnia $86.40 $2,880.00 Sarnia Girls Hockey $336.00 $11,200.00 United Way of Sarnia Lambton $25.00 $800.00 United Way of Sarnia Lambton $25.00 $830.00 United Way of Sarnia Lambton $75.00 $800.00 Bluewater Tae Kwon Do $25.00 $750.00 Navy League of Sarnia $25.00 $700.00 Optimist of Sarnia Lakeshore $30.00 $1,000.00 Royal Canadian Legion Branch 62 $75.00 $2,500.00 United Way of Sarnia Lambton $25.00 $500.00 Rotary Club of Sarnia Lambton $240.00 $8,000.00 Sarnia Braves Minor Baseball $70.20 $2,340.00 Totals $1,252.60 $41,100.00
Brian W. Knott – City Solicitor/Clerk
This report was prepared by Carol Barr – Licensing Clerk
Page 221 of 270 Page 222 of 270 Civic Report #2 October 29, 2012
October 11, 2012
Mr. Brian Knott, Solicitor/Clerk City of Sarnia P.O. Box 3018 Sarnia, Ontario N7T 7N2
Dear Mr. Knott:
Please find enclosed a summary of Plumbing Permits issued for the City of Sarnia, currently under the jurisdiction of the Lambton County Building Services Department.
This summary is for the month of September, 2012.
Yours truly,
Corrine Nauta Chief Building Official County of Lambton
Page 223 of 270 Civic Report #2 October 29, 2012
The following is a summary of the Plumbing Permits issued for the City of Sarnia for the month of September, 2012:
PERMIT# DESCRIPTION &/OR LOCATION OWNER/CONTRACTOR
36024 112 Sandpiper Dr, Plan 25M22, Lot 7 Mark Vincent 36026 649 McGregor SdRd (Central Machine) 1788210 Ontario Ltd 36027 685 Oxford St, Plan 121 , Pt Lot 18 Jared Robinson 36028 140 Lizucha Dr, Plan 25M38, Lot 11 Mark Sepe 36029 1219 Confederation St, Plan 13, Pt Lot 6 Gianros Holdings Ltd 36030 1759 Lakeshore Rd, Con 9, Pt Lot 38 John Peters 36031 1362 Lambton Mall Rd, Unit #198 ICORR Properties 36032 140 Euphemia St N, Plan 14(51), Lot 164 Habitat for Humanity 36033 889 Exmouth St, Plan 14 Blk A, Pts Lots 4-5 Paradise Valley Holdings 36034 2043 Clarence St, Rp25R 10008, Pt 29 Jaron Homes 36035 759 Netherlands Place, Plan 439, Pt Lot 9 June Large 36037 1154 Mike Weir Dr, Condo Plan 54, Lot 65 Maher Homes 36038 892 London Rd, Plan 120, Blk B, Pt Lot 6 Rosemary Hay 36053 1475 Vidal St S Transalta Corporation 36060 1443 Egmond Dr, Plan 278, Lot 100 Jon Leppington 36074 1609 London Line FerozAhmad 36113 2306 Clearwater Crt, Plan 688, Lot 19 Scott Atkin 36121 572 Lakeshore Rd, RP25R5312, Pt 1 Barry Vosburg
Page 224 of 270 CITY OF SARNIA BUILDING PERMIT STATISTICS SEPTEMBER 2012 NUMBER OF PERMITS
# BUILDING #SIGN 2011 #BUILDING #SIGN 2012 MONTH PERMITS 2011 PERMITS 2011 CUMULATIVE PERMITS 2012 PERMITS 2012 CUMULATIVE TOTAL TOTAL JANUARY 13 10 23 16 0 16 FEBRUARY 9 36 68 19 42 77 MARCH 29 41 138 31 12 120 APRIL 51 17 206 48 52 220
MAY 50 8 264 46 22 288 Civic Report #3 JUNE 52 15 331 48 3 339 JULY 39 3 373 46 9 394 AUGUST 59 4 436 54 4 452 SEPTEMBER 50 81 567 38 5 495 OCTOBER 38 18 623 NOVEMBER 18 2 643 DECEMBER 16 11 670 TOTALS: 424 246 670
October 29, 2012
CONSTRUCTION VALUES
CONSTRUCTION VALUES 2011 2011 CUMULATIVE CONSTRUCTION VALUES 2012 2012 CUMULATIVE TOTAL TOTAL JANUARY 2,683,438 2,683,438 9,256,500 9,256,500 FEBRUARY 1,213,820 3,897,258 1,557,500 10,814,000 MARCH 5,523,296 9,420,554 3,261,500 14,075,500
APRIL 6,515,039 15,935,593 4,379,300 18,454,800 Page 225of270 MAY 12,019,550 27,955,143 4,203,100 22,657,900 JUNE 4,853,200 32,808,343 6,868,700 29,526,600 JULY 5,508,000 38,316,343 5,041,187 34,567,787 AUGUST 14,480,820 52,797,163 6,381,000 40,948,787 SEPTEMBER 7,902,850 60,700,013 4,407,300 45,356,087 OCTOBER 3,157,500 63,857,513 NOVEMBER 2,266,500 66,124,013 DECEMBER 2,696,000 68,820,013 TOTALS: 68,820,013
CITY OF SARNIA - BUILDING PERMIT STATISTICS - PAGE TWO
NUMBER OF SINGLE FAMILY DWELLING UNITS
# SINGLE FAMILY DWELLINGS 2011 # SINGLE FAMILY DWELLINGS 2012 2011 CUMULATIVE 2012 CUMULATIVE TOTAL TOTAL JANUARY 3 3 3 3 FEBRUARY 1 4 1 4 MARCH 10 14 5 9 APRIL 22 36 12 21 MAY 6 42 11 32 JUNE 14 56 9 41 JULY 7 63 12 53 Civic Report #3 AUGUST 9 72 7 60 SEPTEMBER 12 84 5 65 OCTOBER 8 92 NOVEMBER 5 97 DECEMBER 2 99 TOTALS: 99
October 29, 2012 NUMBER OF MULTIPLE FAMILY DWELLING UNITS
# OF MULTIPLE DWELLINGS 2011 CUMULATIVE # OF MULTIPLE DWELLINGS 2012 CUMULATIVE 2011 TOTAL 2012 TOTAL JANUARY 0 0 0 0 FEBRUARY 0 0 4 4 MARCH 0 0 0 4 APRIL 2 (SEMI) 2 0 4 MAY 0 2 0 4
Page 226of270 JUNE 0 2 0 4 JULY 0 2 0 4 AUGUST 12 (ROW) 14 0 4 SEPTEMBER 2 (SEMI) 16 0 4 OCTOBER 0 16 NOVEMBER 0 16 DECEMBER 0 16 TOTALS: 16
ID STATS 2012.DOC Civic Report #3 October 29, 2012 C I T Y O F S A R N I A MAJOR BUILDING PERMIT APPLICATION STATUS SEPTEMBER 2012
(1) BP CANADA Office Renovations and Addition Location: 513 Gladwish Drive Value: $ 3,000,000 Note: Building Permit Issued on February 13, 2012 Permit has not been picked up yet.
(2) BIO AMBER SARNIA INC. New Warehouse for Product Storage & Main Process Building for Equipment (Conditional Permit for Foundation) Location: 1201 Vidal Street S. Value: 10,000,000 (Foundation Only) Note: Approvals under review.
(3) CINEPLEX ENTERTAINMENT New Two Storey – 8 Cinema Theatre Location: 1380 London Road Value: $ 5,129,000 Note: Building Department approval outstanding.
(4) A & W RESTAURANT New Building Location: 1219 Confederation Street Value: $ 650,000 Note: Building Permit Issued September 19, 2012.
ID. STATUSBP SEPT2012.DOC
Page 227 of 270 Page 228 of 270 ByLaw #1 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
A By-law to Confirm the Proceedings of Council at its Meeting held on The 29th Day of October, 2012
WHEREAS Section 5 (1) of The Municipal Act, 2001, as amended, provides that the powers of a municipality shall be exercised by its Council;
AND WHEREAS Section 5 (3) of The Municipal Act, 2001, as amended, provides that municipal powers shall be exercised by by-law;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF SARNIA ENACTS AS FOLLOWS:
1. All actions of the Council of the Corporation of the City of Sarnia at its meeting held on October 29, 2012 in respect to every report, resolution or other action passed and taken by the Council, including the exercise of natural person powers, are hereby adopted, ratified and confirmed by by-law as if each report, resolution or other action was adopted, ratified and confirmed by its separate by-law.
2. The Mayor and the proper officers of the Corporation of the City of Sarnia are hereby authorized and directed to do all things necessary to give effect to the said actions of the Council of the Corporation of the City of Sarnia referred to in section 1.
3. This By-law comes into force and effect upon finally being passed.
Page 229 of 270 ByLaw #1 October 29, 2012
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk
Page 230 of 270 BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
A By-law to Confirm the Proceedings of Council at its meeting held on October 29th, 2012 ______By
Law #1
R E A D I N G S:
October 29, 2012 FIRST: October 29, 2012
SECOND: October 29, 2012
THIRD: October 29, 2012
Page 231 of 270
THE CORPORATION OF THE CITY OF SARNIA CITY CLERKS DEPARTMENT CITY HALL SARNIA, ONTARIO N7T 7N2 Page 232 of 270 ByLaw #2 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
A By-Law to Authorize an Agreement with Darlene Michelle Whetham (Re: 469 Confederation Street – Extension Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Darlene Michelle Whetham.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an Extension Agreement with Darlene Michelle Whetham, in the general form of the Extension Agreement a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Extension Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk Doc: L:\LAW CLERK\BLW\WORKING\CONFED469 EXTAGT-AUTHORIZE BLW.AD (FILE #12-77)
Page 233 of 270 ByLaw #2 October 29, 2012
EXTENSION AGREEMENT
This Agreement made this 29th day of October, 2012 in pursuance of Section 378 of the Municipal Act, 2001,
BETWEEN: THE CORPORATION Of THE CITY Of SARNIA (hereinafter called the "City") OF THE FIRST PART -and-
DARLENE MICHELLE WHETHAM (hereinafter called the "Owner") OF THE SECOND PART
WHEREAS the City has by By-Law Number of 2012 authorized an Extension Agreement with the Owner to extend to September 30th, 2014 the payment period for the cancellation price payable in respect of the Land described in Schedule "A" attached hereto, hereinafter referred to as the "Land";
NOW THEREFORE the City and Owner agree as follows:
1. The City will extend to September 30t", 2014 the payment period for the cancellation price payable in respect of the Land.
The Owner will make payments to the City in accordance with Schedule "B" attached hereto. In addition, the Owner shall pay to the City the sum of $200.00, which represents costs incurred upon the preparation of this Agreement as required by By-Law Number 28 of 1 2007 passed February 26 h, 2007.
3. addition to paying the amounts provided for paragraph the Owner will pay:
(a) as they become due, all real property taxes levied on the Land become and payable during the term of this Agreement; and not later than five days following the due date paragraph as
1
Page 234 of 270 ByLaw #2 October 29, 2012
4. As long as this Agreement is a subsisting Extension Agreement, the City and its officers will not, except as otherwise provided in this Agreement, enforce the collection of real property taxes that, at the time of entering into this Agreement, are overdue or in arrears in respect of the Land but compliance with this provision does not constitute a waiver of the rights of the City or its officers to enforce collection of such taxes in the future if the Owner is in default under this Agreement.
5. This Agreement shall cease to be a subsisting Extension Agreement upon the earlier of :
11 (a) September 30t , 2014; (b) the full amount of the Cancellation Price having been paid; (c) the date upon which the Owner is in default under this Agreement as hereinafter defined; or (d) the date upon which the Land is sold.
6. In the event that the Owner fails to meet any of his obligations, the Owner shall be notified in writing by registered mail of such failure. If such failure is not remedied within ten (10) calendar days of the date stamped on such registered mail, the Owner shall be deemed to be in default under this agreement. In the event a letter is sent by registered mail, a fee of $50.00 will be applied to the outstanding taxes in addition to costs incurred.
If a payment is returned by the Owner's financial institution for non sufficient funds (NSF), a fee of $30.00 will be applied to the outstanding taxes.
8. Notwithstanding paragraphs 2 and 3, any person may pay the cancellation price at any time and this Agreement terminates when the cancellation price is so paid.
9. Notice to the Owner under the Agreement is sufficiently given if sent by registered mail to the Owner at the following address:
469 Confederation Street, Sarrlia, ON N7T 285
10. Agreement shall L
2
Page 235 of 270 ByLaw #2 October 29, 2012
In witness whereof the said parties hereto have hereunto set their hands and seals.
THE CORPORATION Of THE CITY OF SARNIA
Mayor
City Solicitor/Clerk
Witness
Doc: L:\LAW CLERK\AGREE\TAX SALES\CONFED469-EXT AGT,AD (FILE #12-77)
3
Page 236 of 270 ByLaw #2 October 29, 2012
SCHEDULE "A" to Extension Agreement between THE CORPORATION OF THE CITY OF SARNIA and DARLENE MICHELLE WHETHAM
DESCRIPTION OF THE LAND
Municipality of the City of Sarnia, in the County of Lambton, PIN 43275-0073 (LT) PT LT 1 12 PL 59 SARNIA CITY AS IN L679626; SARNIA as set out in Instrument No. LA111613 registered in the Land Registry Office for the Registry Division of Lambton County, #25 Street: CONFEDERATION STREET No.: 469
Page 237 of 270 >0Ill'"'" ;:am z~ t-~Cll >(il Mltlll\l!IM PAYMENT §CH!;IlULE 24 MQNTHS w -· 459 Conledernlion Sl :::J 0 Bog inning Total Adj. Adjustad a.::J I'm Boglnnlog Balance Beginning 'Tax Beginning **Scheduled Principal interest Ending Month End Month End ~~~entllo~ Balance tax Penai!l Balance Installment Balance Payment Balance Balance Balance Interest Ad! Balance oli' ,. .... October31, 2012 CJi&ts.681 7][@ 6,383.51 0.00 6,383.51 410.00 5,613.68 359.83 5,973.51 70.17 6,043.68 ::a~ November 30, 20i2 5,613.68 430.00 6,043.68 0.00 6,043.68 410.00 5,613.68 20.00 5,633.68 70.17 5,703.85 1""3 3 December 2:8, 2012 5,613.68 90.17 5,703.85 0.00 5,703.85 410.00 5,293.85 0.00 5,293.85 66.17 5,360.03 mro
z:::J By January 31, 2013 5,293.35 66.17 5,360,03 0.00 5,360,03 410.00 4,950.03 0,00 4,950,03 61.86 5,011.90 m ..... 5 28,20i3 4,950.03 61.86 5,011,90 310.00 5,321.90 410.00 4,911.90 0,00 4,911.90 61.40 4,973,30 :J:C" 6 Mareh 2013 4,911.90 61.40 4,973.30 0.00 4,973,30 410.00 4,583,30 0.00 4,563.30 57.04 4,620.34 Law #2 7 30,2013 4,563,30 57.04 4,620.34 311.32 4,931.66 410,00 4,521.66 0.00 4,521.66 56,52 4,578.18 .... ~ 8 31,2013 4,521.66 56.52 4,578.18 0.00 4,578.18 410.00 4,186.18 0.00 4,186,18 52.10 4,220,28 n:E ::J:Cll 9 ,June 28, 2013 4,166.18 52.10 4,220.28 329.00 4,549.28 410.00 4,139.28 0.00 4,139.28 51.74 4,191.02 mro Ill 10 July 31,2013 4,139.28 51.74 4,191.02 0.00 4,191.02 410,00 3,781.02 0.00 3,781.02 47.26 3,628.29 1"":::3 n 11 August 30, 2013 3,781.02 47.26 3,828.29 329.60 4,157.89 410.00 3,747.89 0.00 3,747,89 46.85 3,794,74 I"" -I ::1: 12 30,2013 3,747.89 46.85 3,794,74 0.00 3,794,74 410.00 3,384.74 0.00 3,384.74 42.31 3,427.04 m::~: m October 29, 2012 13 2013 3,384 .. 74 42.31 3,427.04 0.00 3,427.04 410.00 3,017.04 0.00 3,017.04 37.71 3,054.76 :em 0 14 November 29, 2:013 3,017.04 37.71 3,054.76 0.00 3,054.76 410.00 2,844.76 0.00 2,844.76 33.06 2,677.82 c: ::~:n December 30, 2013 2,844.76 33.06 2,677.82 0.00 2,677.62 410.00 2,267.82 0.00 2,267.82 28.35 2,296.16 mO I""m 16 January 30, 21l!4 2,267.1!2 28.35 2,296.16 0.00 2,296.16 410,00 1,866.16 0.00 1,885.16 23,58 1,909.74 -l;:cl 17 28,2014 1,866.16 23.58 1,909.74 319.00 2,228.74 410,00 1,818,74 0.00 1,818,74 22.73 1,841.48 :::r:-a ~ 1B March 2014 1,818.74 22.73 1,841.48 0.00 1,841.48 410,00 1,431.48 0.00 1,431.46 17,89 1,449.37 ,.0 1:1:1 19 30,2014 1,431.48 17,89 1,449.37 320.96 1,770.33 410.00 1,360.33 0.00 1,360,33 17,00 1,377.33 ~ 20 30, 2014 1,360.33 17.00 1,377.33 0.00 1,377.33 410.00 967.33 0.00 967.33 12.09 979.42 3:~ 21 June 30,2014 967.33 12.09 979.42 339.00 1,318.42 410.00 908,42 0.00 908,42 11.36 919.78 -1 22 July 31, 2014 908.42 11.36 919,78 0.00 919.78 410.00 509.78 0.00 509.78 6.37 516,15 .... 23 29, 2014 503.78 6.37 516.15 339.36 855.51 410.00 445.51 0.00 445,51 5.57 461.08 0 24 30,2014 445.51 5.57 461.08 0.00 451.08 410,00 41.08 0.00 41.08 0.51 41.59 z .,0 2,012 2,013 2014 Page 238 of 270 SUI\IIMARRY L 1,242.@ 1,279.92 1,318.32 -1 469 Conledemllon S1 ::1:m Beginning Balance 6,383.51 • THIS CALCULATION IS BASED ON AN ESTIMATED 3% TAX INCREASE n.... Total Taxes levied 2,598.24 ....,-HtS AMOUNT IS CALCULATED USING A MINIMUM AMOUNT TO PREVENT FUTHER PROCEEDINGS ~ Total Payments -9,840.00 .,0 Total Pena~ ~lied 899.85
End Balance 41.59 DATED: October , 2012
BETWEEN:
THE CORPORATION OF THE CITY OF SARNIA By
DARLENE MICHELLE WHETHAM Law #2 October 29, 2012
AGREEMENT
Page 239 of 270 THE CORPORATION OF THE CITY OF SARNIA Legal Services (SRM/ad) City Hall Sarnia, Ontario 7N2 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Darlene Michelle Whetham” By
READINGS: Law #2
FIRST: October 29th, 2012
th SECOND: October 29 , 2012 October 29, 2012
THIRD: October 29th, 2012
THE CORPORATION OF THE CITY OF SARNIA
OFFICE OF THE CITY SOLICITOR/CLERK (SRM/ad)
Page 240 of 270 City Hall Sarnia, Ontario N7T 7N2 ByLaw #3 October 29, 2012
BY-LAW NUMBER______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Ratify and Confirm an Agreement with CIBC Mortgages Inc.” (Re: 132-136 Front Street North – Postponement)
WHEREAS it was deemed expedient for The Corporation of the City of Sarnia to enter into an Agreement with CIBC Mortgages Inc. for the postponement of the City of Sarnia’s Façade Loan registered on title against the property located at 132-136 Front Street North, Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia hereby ratifies and confirms the action of the City Solicitor/Clerk in entering into a Postponement of Interest Agreement with CIBC Mortgages Inc., a copy of which is annexed to this By-Law, together with any other documentation or material collateral thereto or required in connection therewith.
2. This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk Doc: L:\LAW CLERK\BY-LAW\WORKING\FRONTN132 136-RATIFY&CONFIRM POSTPONE.AD (FILE #86-2556)
Page 241 of 270 ByLaw #3 October 29, 2012
ACKNOWLEDGEMENT AND DIRECTION
ELECTRONIC REGISTRATION OF POSTPONEMENT OF INTEREST
TO: TIM McCULLOUGH HARRISON PENSA
RE: 1565603 ONTARIO LIMITED MORTGAGE TO CIBC MORTGAGES INC. POSTPONEMENT OF MORTGAGES LA47919 AND LA47920 132-136 FRONT STREET, SARNIA, ONTARIO 138·140 CROMWELL STREET, SARNIA, ONTARIO MORTGAGE NUMBER: 7616342.1
This will confirm that:
1. We have reviewed the information set out in the electronic format of Postponement of Interest attached to this Acknowledgement and Direction (the "Postponement") and that the information set out in the Postponement is accurate.
2. You are authorized and directed to register electronically on our behalf the Postponement.
3. The effect of the electronic Postponement has been fully explained to us and we understand that we are parties to and bound by the terms and provisions of the electronic Postponement to the same extent as if we had signed the Postponement directly.
4. We are in fact parties named in the electronic Postponement and we have not misrepresented our identities to you.
THE CORPORATION OF THE CITY OF SARNIA
Title:
We Have
Page 242 of 270 ByLaw #3 October 29, 2012
LRO # 25 Postponement Of Interest In preparation on 2012 09 27 at 14:34 This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of 1
PIN 43268 - 0036 LT Description PT ROBERTSON l T AND l T A Pl10 SARNIA CITY AS IN l868605 SIT INTEREST IN L868605; SARNIA Address 136 FRONT ST N SARNIA
Registration No, Date Type of Instrument
LM7919 20090129 Charge/Mortgage
Name THE CORPORATION OF THE CITY OF SARNIA Acting as a company Address for Service 255 Christina Street North Samia, Ontario • /._ N7T7N2 e tTV Sot/C.t/0-{'/C~IC
~'~a authority to bind the corporation.
This document is not authorized under Power of Attorney by this party.
Name CIBC MORTGAGES INC. Acting as a company AddressforService P.O. Box115 Commerce Court Postal Station Toronto, Ontario M5E 1E5
The applicant postpones the rights under !he selected instrument to the rights under an instrument registered as number 1565603 ONTARIO MTG TO CMI This document relates to registration no.(s)LM7919
Party To Client File Number: TTM-153571
Page 243 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Ratify and Confirm an Agreement with CIBC Mortgages Inc.” By
READINGS Law #3
FIRST: October 29th, 2012
th
SECOND: October 29 , 2012 October 29, 2012 THIRD: October 29th, 2012
THE CORPORATION OF THE CITY OF SARNIA
OFFICE OF THE CITY SOLICITOR/CLERK (BWK/ad) City Hall Page 244 of 270 Sarnia, Ontario N7T 7N2 ByLaw #4 October 29, 2012
BY-LAW NUMBER______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Ratify and Confirm an Agreement with CIBC Mortgages Inc.” (Re: 138-140 Cromwell Street – Postponement)
WHEREAS it was deemed expedient for The Corporation of the City of Sarnia to enter into an Agreement with CIBC Mortgages Inc. for the postponement of the City of Sarnia’s Façade Loan registered on title against the property located at 138-140 Cromwell Street, Sarnia;
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia hereby ratifies and confirms the action of the City Solicitor/Clerk in entering into a Postponement of Interest Agreement with CIBC Mortgages Inc., a copy of which is annexed to this By-Law, together with any other documentation or material collateral thereto or required in connection therewith.
2. This By-Law comes into force and effect upon being finally passed.
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAW\WORKING\CROMWELL138 140-RATIFY&CONFIRM POSTPONE.AD (FILE #86-2556)
Page 245 of 270 ByLaw #4 October 29, 2012
ACKNOWlEDGEMENT AND DIRECTION
ELECTRONIC REGISTRATION OF POSTPONEMENT OF INTEREST
TO: TIM McCUllOUGH HARRISON PENSA
RE: 1565603 ONTARIO liMITED MORTGAGE TO CIBC MORTGAGES INC. POSTPONEMENT OF MORTGAGES U\47919 AND lA47920 132-136 FRONT STREET, SARNiA, ONTARIO 138-140 CROMWEll STREET, SARNIA, ONTARIO MORTGAGE NUMBER: 7616342.1
This will confirm that:
1. We have reviewed the information set out in the electronic formal of Postponement of Interest attached to this Acknowledgement and Direction (the "Postponement") and that the information set out in the Postponement is accurate.
2. You are authorized and directed to register electronically on our behalf the Postponement
3. The effect of the electronic Postponement has been fully explained to us and we understand that we are parties to and bound by the terms and provisions of the electronic Postponement to the same extent as if we had signed the Postponement directly.
We are in fact named in the electronic Postponement and we have not
of September, 2012.
THE CORPORATION OF THE CITY OF SARNIA
Title:
Title:
Page 246 of 270 ByLaw #4 October 29, 2012
LRO#
This document hail not boon E~ubmitted and may ba inoompl6te. 'ff'JY mm dd Page 1 of1
PIN 43268 - 0037 LT Description PT ROBERTSON LT AND LT A Pl10 SARNIA CITY AS IN l845815; SARNIA Addmss 140 CROMWElL ST SARNIA
Registration No. Date Type of Instrument
LA47920 20090129 Charge/Mortgage
Name THE CORPORATION OF THE CITY OF SARNIA Acting as a oompany Address for Se1111ce 255 North Christina Street Samia, Ontario N7T7N2 iTY' I, have the authority to bind the corporation.
This document not authorized under Power of Attorney by this party.
Capacity Share
Name CIBC MORTGAGES INC. Acting as oompeny Address for Setvica P.O. Box115 Commerce Court Postal Station Toronto, Ontario M5L 1E5
This document relates to regis!retion no.(s)LA47920
TIM-153571
Page 247 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Ratify and Confirm an Agreement with CIBC Mortgages Inc.” By
READINGS Law #4
FIRST: October 29th, 2012
th
SECOND: October 29 , 2012 October 29, 2012 THIRD: October 29th, 2012
THE CORPORATION OF THE CITY OF SARNIA
OFFICE OF THE CITY SOLICITOR/CLERK (BWK/ad) City Hall Page 248 of 270 Sarnia, Ontario N7T 7N2 ByLaw #5 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Dedicate Land as part of London Road and as part of East Street in the City of Sarnia” ______(Re: Part 1 on Reference Plan 25R-9913)
WHEREAS the Corporation of the City of Sarnia has acquired certain lands on London Road and East Street in the City of Sarnia and deems it expedient to dedicate these lands as part of London Road and East Street in the City of Sarnia to the extent that they front on London Road and East Street respectively.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The following lands, namely:
ALL AND SINGULAR that certain parcel of land and premises, situate, lying and being in the City of Sarnia, in the County of Lambton, and Province of Ontario, being composed of part of Block E, Registered Plan 14 (SA), described as Part 1 on Reference Plan Number 25R-9913; having been acquired by The Corporation of the City of Sarnia is hereby dedicated as public highway and forms part of London Road and East Street in the City of Sarnia to the extent that it fronts on London Road and East Street respectively.
Page 249 of 270 ByLaw #5 October 29, 2012
2. This By-Law comes into force and effect upon being registered in the Registry Office for the Registry Division of Lambton.
FINALLY PASSED THIS 29TH DAY OF OCTOBER, 2012
______Mayor
______City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAWS\WORKING\LONDON EAST DEDICATE BLW.AD (FILE #11-77)
Page 250 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Dedicate Land as part of London Road and part of East Street in the City of Sarnia” By Law #5
READINGS:
th FIRST: October 29 , 2012 October 29, 2012
SECOND: October 29th, 2012
THIRD: October 29th, 2012
Page 251 of 270 THE CORPORATION OF THE CITY OF SARNIA OFFICE OF THE CITY SOLICITOR/CLERK (SRM/ad) City Hall Sarnia, Ontario N7T 7N2 Page 252 of 270 ByLaw #6 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Cogeco Cable Canada GP Inc.” (Re: Sarnia 402 Business Park)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement with Cogeco Cable Canada GP Inc.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into a Transfer of Easement Agreement with Cogeco Cable Canada GP Inc., in the general form of the Transfer of Easement Agreement a copy of which is annexed to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk Doc: L:\LAW CLERK\BY-LAW\WORKING\SARNIA 402 BUSINESS PARK-CITY LAND & COGECO.AD
Page 253 of 270 ByLaw #6 October 29, 2012
ACKNOWLEDGEMENT AND DIRECTION
TO: Scott Ross McEachran, Assistant Solicitor (!nsert lawyer's name)
AND TO: THE CORPORATION OF THE CITY OF SARNIA (Insert firm name)
RE: Transfer of Utility Easement~ City of Sarnia to Cogeco Cable Canada GP !nc. ('the transaction") (Insert brief description of transaction)
This will confirm that:
e !!VVe have reviewed the lnformatlon set out this Acknowledgement and Direction and in the documents described below (the "Documents"), and that this information is accurate; e You, your agent or employee are authorized and directed to sign, de!iver, and/or register e!ectronica!Jy. on my/our behalf the Documents in the form attached
• You are hereby authorized and directed to enter into an escrow closing arrangement substantially in the form attached hereto being a copy of the version of the Document Registration Agreement, which appears on the website of the Law Society of Upper Canada as of the date of the Agreement of Purchase and sale herein< 1/We hereby acknowledge the said Agreement has been reviewed by me/us and that !/We shall be bound by its terms:
8 The effect of the Documents has been fully explained to meJus, and !/we understand that llwe are parties to and bound by the terms and provisions of the Documents to the same extent as if I/we had signed them; and
4» !/we are in fact the parties named in the Documents and !/we have not misrepresented our identities to you. 10 I, tl/ ft , am the spouse of rJ //t , the (TransferorJChargor), and hereby consent to the transaction described in the Acknowledgment and Direction. I authorize you to indicate my consent on aU the Documents for which it is required.
DESCRIPTION OF ELECTRONIC DOCUMENTS
The Document(s) described in the Acknowledgement and Direction are the document(s) selected below which are attached hereto as "Document in Preparation" and are:
0 A Transfer of the land described above.
0 A Charge of the !and described above.
r/ Other documents set out in Schedule HB" attached f">~reto.
Dated at ------day of ------' 20J£_,
WITNESS
(As to ail signatures. if required)
THE CORPORATION OF THE CiTY OF SARNIA
Page 254 of 270 ByLaw #6 October 29, 2012
LRO # 25 Transfer Easement !n preparation on 2011 03 21 at 14:31
This document has not been submitted and may be incomplete. yyyy mm dd Page 1 of i
PiN 43130- Oi08 LT Interest/Estate Easement Add Easement Description SERVIENT LANDS: PT LT 10 CON 7 SARN!A TOWNSHIP PTS 5 & 9 PLAN 25R9166; SARNIA
DOMINANT LANDS: P1N 071~0080 LT 5 & 9 PL M~188, CITY OF BURLINGTON, REGION OF HALTON Address SARN!A
IConsideration
Consideration $ 1.00
ITransferor(s) The transferor(s) hereby transfers the easement to the transferee(s).
Name THE CORPORATION OF THE CITY OF SARN!A Acting as a company Address for Service 255 North Christina Street P.O. Box 3018 Samia, ON N7T 7N2
!. Mike Bradley, Mayor and Brian W. Knott, City Solicitor/Clerk, have the authority to bind the corporation.
This document is not iluthoriz:ed under Power of Attorney by this party.
ITransferee(s) Capacity Share
Name COGECO CABLE CANADA GP !NC. Acting as a company Address for Service 950 Syscon Road Burlington, ON
Schedule: See Schedules
Provincial Land Transfer Tax $0.00 Retail Sales Tax $0.00
Page 255 of 270 ByLaw #6 October 29, 2012 LAND TRANSFER TAX STATEMENTS
In the matter of the conveyance of~ 43.130- Oi08 SERVIENT LANDS: PT LT 10 CON 7 SARNIA TOWNSHIP PTS 5 & 9 PLAN 25R9166; SARNIA
DOMINANT LANDS: PIN 0715-0080 LT 5 & 9 PL M-188, CITY OF BURLINGTON, REGION OF HAL TON
BY THE CORPORATION OF THE CITY OF SARNIA TO COGECO CABLE CANADA GP INC. %(all P!Ns}
1. MICHEL BLAIS
lam (a} A person in trust for whom the land conveyed in the above-described conveyance is being conveyed: (b} A trustee named in the above-described conveyance to whom the land is being conveyed; (c) A transferee named in the above--described conveyance·, (d) The authorized agent or solicitor acting in this transaction for __ described in paragraph(s) U above. (e) The President, Vice-President, Manager, Secretary, Director, or Treasurer authorized to act for COGECO CABLE CANADA GP INC< described in paragraph{s) (c) above. (f) A transferee described in paragraph ()and am making these statements on my own behalf and on behalf of __ who is my spouse described in paragraph U and as such, I have personal knowledge of the facts herein deposed to.
3. The total consideration for this transaction is allocated as follows: {a) Monies paid or to be paid in cash i.OO {b) Mortgages (i) assumed (show principal and interest to be credited against purchase price) 0.00 (ii) Given Back to Vendor 0.00 {C) Property transferred in exchange (detail below) 0.00 (d) Fair market value of the !and(s) 0.00 (e) Liens, legacies, annuities and maintenance charges to which transfer is subject 0.00 (f) Other valuable consideration subject to land transfer tax (detail below) 0.00 (g) Value of !and, building. fixtures and goodwill subject to land transfer tax (total of (a) to (f)) 1.00 (h) VALUE OF ALL CHATTELS· items of tangible personal property 0.00 (i) Other considerations for transaction not included in (g) or (h) above 0.00 Q} Total consideration 1.00 4. Explanation for nominal considerations:
o) Transfer of easement or right of way for no consideration.
5. The land is not subject to an encumbrance
PROPERTY Information Record A Nature of Instrument Transfer Easement LRO 25 Registration No_ Date: B. Property(s)· PiN 43130 - 0108 Address Assessment 3829"100 • 00305800 SARNIA Roll No
C. Address for Service· 950 Syscon Road Burlington, ON D. (i) Last Conveyance(s): P!N 43i30. Oi08 Registration No. (ii) legal Description for Property Conveyed : Same as in last conveyance? Yes No Not known
Page 256 of 270 ByLaw #6 October 29, 2012
TRANSFER OF EASEMENT
'WHEREAS Cogeco Cable Canada LP acting by its sole general partner Cogeco Cable Canada GP !nc (rhe "Transferee'') is the owner in fee simple of those lands and premises municipally known as 950 Syscon Road, Burlington, Ontario, Lot 5 Plan M- 188 and Lot 9 Plan M- 188. City of Burlington, Region of Halton and registered under PlN No. Oi 15~0080 and any other lands within the region of Southern Ontario from which the Transferee now or hereafter operates or conducts its business (the "Dominant Tenement'');
THE TRANSFEROR hereby grants and transtCrs to the Transferee, its successors and assigns, to be used and enjoyed as appurtenant to the TranstCree's iands. a !fee. uninterrupted and unobstructed right. privilege and easement (the .. Easemenf') in perpetuity in. over, under, along. through and across the lands of the Transferor described in the Transfer of land to which this Schedule is attached (the ''Lands") for the fo!lowing purposes and subject to the tenns and conditions described herein:
l < the right by the Transferee's employees, agents, contractors and workmen, with all necessary materials, equipment, machinery and vehicles to enter upon Lands from time to time and at ail times, to construct, operate, install, maintain. inspect, alter. remove, replace. extend. enlarge, relocate, reconstruct and repair telecommunication lines and all related or appurtenant equipment as may be required from time to time, together with all of the works of the Transferee including conduits, conduit structures, markers, poles, guys and all appurtenances thereto (the "Works") in accordance with plans and in a location expressly approved in writing by the Transferor which approval shall not be unreasonably withheld or delayed, subject to all reasonable rules and regulations of the Transferor governing access : and
2. subject to all reasonable rules and regulations of the Transferor governing access, the right of vehicular and personnel ingress and egress to and over those portions of the Lands designated by the Transferor fOr such purposes.
THE TRANSFEREE covenants and agrees as follows; l. to be responsible for any damage caused at any time by its contractors, agents or employees to the Lands. The Transferee, after any of its activities, shall restore the Lands appropriately but at a minimum, as reasonably close to the condition of the Lands immediately prior to the damage, except where it is not practical due to actual or pending subsequent activities by the TranstCror or third parties. The subsequent maintenance of the Lands shall be the responsibility of the Transferor.
2. to indemnifY and save hannless the Transferor, its respective successors and assigns from and against a!l claims, demands, !oss. damage, costs. actions, suits or other proceedings by "\vhomever made, sustained. brought or prosecuted in any manner based upon, occasioned or attributable to, anything done or omitted to be done by the Transferee, its employees, contractors or agents, !n the exercise or enjoyment of the rights and easements herein transferred. Tbe registration against title of the easement granted herein shaH not in and of itself give rise to any right of indemnification.
3. This easement shaH neither extend to nor encumber nor include those portions of the lands on which any buildings ar structures have been constructed or, if the Works would not be impeded or hindered, other improvements which have now been and/or ;vhich wili be constructed provided same are constructed in accordance with that are issued by the local municipality or otherwise in compliance with the requirements of the local mtmit:ip,ality.
THiS AGREEMENT includin£the burden and benefit herein contained shall run with the Lands and shall extend to and be binding on and enure to the benefit of the hereto and their successors and The word "successor" shall include without !imitation, sm::cesSCifS and of the condominium colrpomtions,
NOTWITHSTANDiNG ar1y rule of !aw or the Works shaH at all times remain the property of the Transferee that the same may be annexed or afilxed to the Lands.
Page 257 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with Cogeco Cable Canada GP Inc.” By
READINGS: Law #6
FIRST: October 29th, 2012
th SECOND: October 29 , 2012 October 29, 2012
THIRD: October 29th, 2012
THE CORPORATION OF THE CITY OF SARNIA
OFFICE OF THE CITY SOLICITOR/CLERK (SRM/ad)
Page 258 of 270 City Hall Sarnia, Ontario N7T 7N2 ByLaw #7 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Stop Up, Close and Sell part of a Lane at the rear of 177 Kathleen Avenue in the City of Sarnia” ______(Re: 177 Kathleen Avenue, Sarnia)
WHEREAS the property owners of 177 Kathleen Avenue, Sarnia have requested that a portion of the abutting lane be closed and conveyed to them;
AND WHEREAS it is deemed expedient to pass this By-Law to close the said portion of the lane and to convey it to the abutting property owners;
AND WHEREAS Public Notice of this By-Law has been given pursuant to the provisions of the Municipal Act, 2001 in that respect.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. That part of the lane shown as Part __ on Reference Plan 25R-_,
in the City of Sarnia, County of Lambton is hereby stopped up
and closed as shown on Schedule “A” attached hereto.
Page 259 of 270 ByLaw #7 October 29, 2012
2. The Corporation of the City of Sarnia is hereby authorized to sell
and convey that part of the lane hereby closed to the owners of
the abutting lands in accordance with the provisions of the
Municipal Act, 2001 and in accordance with Schedule “B”
attached hereto.
3. The Mayor and City Solicitor/Clerk are hereby authorized to
execute such necessary documentation and to affix to it the
Corporate Seal of The Corporation of the City of Sarnia.
4. This By-Law comes into force and effect upon being registered in
the Land Registry Office for the Registry Division of Lambton.
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk
Doc: L:\LAW CLERK\BY-LAW\WORKING\KATHLEEN177 STOP-UPLANE.AD (FILE #12-112)
Page 260 of 270 ByLaw #7 October 29, 2012
SCHEDULE “A”
LANEWAY PROPOSED TO BE CLOSED AND
ST. S. SOLD
KATHLEEN AVENUE
177
MACKENZIE WELLINGTON STREET
NOT TO SCALE
Page 261 of 270 ByLaw #7 October 29, 2012
SCHEDULE “B”
Owner Land to be Conveyed Sale Price
177 Kathleen Avenue Part __on 25R______$1.00
Page 262 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A By-Law to Stop Up, Close and Sell part of a Lane adjacent to in the City of Sarnia” By Law #7 READINGS:
FIRST: October 29th, 2012
October 29, 2012 SECOND: October 29th, 2012
THIRD: October 29th, 2012
THE CORPORATION OF THE CITY OF SARNIA
Page 263 of 270 OFFICE OF THE CITY SOLICITOR/CLERK (BWK/ad) City Hall Sarnia, Ontario N7T 7N2 Page 264 of 270 ByLaw #8 October 29, 2012
BY-LAW NUMBER ______OF 2012 OF THE CITY OF SARNIA
“A By-Law to Authorize an Agreement with The Corporation of the County of Lambton” (Re: Amendments to the Road Maintenance Agreement)
WHEREAS it is deemed expedient that The Corporation of the City of Sarnia enter into an Agreement to amend the Road Maintenance Agreement with The Corporation of the County of Lambton.
NOW THEREFORE the Municipal Council of The Corporation of the City of Sarnia enacts as follows:
1. The Corporation of the City of Sarnia is authorized to enter into an Agreement with The Corporation of the County of Lambton, in the general form attached to this By-Law.
2. The Mayor and City Solicitor/Clerk are authorized to execute such Agreement and to affix to it the Corporate Seal of The Corporation of the City of Sarnia.
3. This By-Law comes into force and effect upon finally being passed.
Page 265 of 270 ByLaw #8 October 29, 2012
FINALLY PASSED this 29th day of October, 2012.
______Mayor
______City Solicitor/Clerk
Page 266 of 270 ByLaw #8 October 29, 2012
AMENDMENT TO THE ROADS MAINTENANCE AGREEMENT
BETWEEN:
THE CORPORATION OF THE COUNTY OF LAMBTON,
("County")
and
THE CORPORATION OF THE CITY OF SARNIA,
("Municipality")
WHEREAS it was deemed expedient for The Corporation of the City of Sarnia to enter into an Agreement with The Corporation of the County of Lambton November 3, 2010, for Road Maintenance of County Roads within the City of Sarnia; AND WHEREAS it is now deemed expedient to amend that Agreement; NOW THEREFORE the County and Municipality agree as follows: 1. The first and second bullets of Section 4 shall be repealed and replaced with the following:
• The Municipality will be responsible for the work on the County Road Network west of Modeland Road. The work will include County Roads north and west of Hwy 40 but not Highway 40 (MTO) itself. The Municipality will also be responsible for the work on County Road #35 (LaSalle Line).
Page 267 of 270 ByLaw #8 October 29, 2012
• The County will be responsible for the work on the County Road Network east of Modeland Road, including Modeland Road itself. 2. The Formula in Factor “C” of Section 5 shall be repealed and replaced with the following:
Total County Arterial lane kilometers maintained by the Municipality (see Schedule B) / Total County Arterial lane kilometers in the Municipality (expressed as a percentage). For the purposes of this agreement Factor C = 139.032/199.520 =69.683%
3. Number 1 of Schedule “B” shall be repealed and replaced with the following:
CR #7 (Lakeshore Road/Christina Street) - CR #19 (Michigan Avenue) to CR #26 (Mandaumin Road) Number 9 of Schedule “B” shall be repealed and replaced with the following:
CR # 27 (Modeland Road) - CR #7 (Lakeshore Road) to 0.878 km south of Berger Road
Dated as at the ___ day of November 2012.
THE CORPORATION OF THE COUNTY OF LAMBTON
______Warden
______Clerk
Page 268 of 270 ByLaw #8 October 29, 2012
THE CORPORATION OF THE CITY OF SARNIA
______Mayor
______City Solicitor/Clerk
Page 269 of 270 BY-LAW NUMBER OF 2012 OF THE CITY OF SARNIA
“A BY-LAW TO AMEND THE ROAD MAINTENANCE AGREEMENT WITH THE COUNTY OF LAMBTON”
READINGS:
FIRST: October 29, 2012 By
Law #8 SECOND: October 29, 2012
THIRD: October 29, 2012
October 29, 2012
THE CITY OF SARNIA Engineering Department City Hall Sarnia, ON N7T 7N2
Page 270 of