Bayfield Agricultural Society Request to Transfer Municipal Land Pg

THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER

COMMITTEE OF THE WHOLE MEETING

AGENDA

TUESDAY, AUGUST 2, 2016

COUNCIL CHAMBERS, STANLEY COMPLEX

7:00 p.m.

1. ROLL CALL and CALL TO ORDER

2. INTRODUCTION OF ADDITIONAL ITEMS TO BE ADDED TO THE AGENDA and APPROVAL OF THE AGENDA

3. DISCLOSURE OF PECUNIARY INTEREST Disclosure of pecuniary interest and general nature thereof for current meeting. Disclosure of pecuniary interest and general nature thereof for previous meeting, if absent for meeting.

4. PLANNING AND BUILDING  Public Meeting: Zoning By-law Amendment File R5/16, Hay East Ward Pg. 3-19  Application for Deeming By-law File DB3/16, Bayfield Ward Pg.20-30  Public Meeting: Sale of Former Pump House Property, Bayfield Ward Pg. 31-38  Bayfield Agricultural Society Request to Transfer Municipal Land Pg. 39-47  By-law Enforcement Activity – June 2016 Pg. 48-49  Building Activity – June & Second Quarter 2016 Pg. 50-52

5. DELEGATIONS

6. MANAGEMENT REPORTS

ADMINISTRATIVE SERVICES – CAO, K. PRATT  Zurich Arena Roof Drainage Pg. 53-54  Marina Lease Extension Pg. 55-56  Water Agreement – Bluewater and Central Huron Pg. 57-81  Violence and Harassment Policy and Program Pg.82-103

CLERK – C. OVERHOLT  June 2016 Council Remuneration Pg. 104

TREASURY – A. WILLERT  July 2016 Expanded OCIF Notification Pg. 105-110  Ontario 150 Program Pg.111-115  Tangible Capital Assets Assistance Pg. 116-138

PUBLIC WORKS – J. WALKER  Hensall Streetscape & Infrastructure Improvement Committee Pg. 139-141  Graveline Development Servicing Request Pg. 142-151

7. COUNCILLORS 7.1 ISSUES 7.2 NEW BUSINESS  Information from the County of Huron – Advanced Care Paramedic Service (see separate document) 7.3 CORRESPONDENCE  Motion - that all other correspondence not dealt with are received, noted and filed.

8. CONFERENCE, COMMITTEE AND BOARD REPORTS  Multi-Municipal Wind Turbine Working Group – June 9, 2016 Minutes Pg. 152-167

9. COUNCIL STATUS REPORT- ACTION ITEMS  As of July 27, 2016 Pg. 168-172

10. QUESTIONS FROM THE GALLERY (must relate to agenda items)

11. IN CAMERA SESSION

12. ADJOURNMENT

2 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: 519.524.8394 Ext. 3 Fax: 519.524.5677 Toll Free: 1.888.524.8394 Ext. 3 www.huroncounty.ca

To: Kyle Pratt, CAO, Municipality of Bluewater Mayor Hessel and Members of Bluewater Council From: Denise Van Amersfoort, Planner Date: July 25, 2016

Re: Application for Temporary Use By-law: R05/16 South Part Lot 12, Con LRE, 72650 Bluewater Highway, Hay East Ward, Municipality of Bluewater Applicant/Owner: Marcela Bahar

RECOMMENDATION It is recommended that application R05/16 for a temporary use zoning by-law for a three year period be approved subject to the applicant providing an acknowledgement, in writing, regarding the following: 1. the use of the accessory building for a temporary dwelling unit will only occur while permitted by the temporary use by-law and the use will discontinue immediately upon expiry of the temporary use by-law; and 2. the Municipality has the right to require the installation of an additional water service at any time, in keeping with the requirements of By-law 82-2001. It is further recommended that the applicant be granted a temporary, three year exemption from the requirement of Section 21 of By-law 82-2001 for a separate water service for each dwelling.

BACKGROUND The purpose of the proposed by-law is to permit a temporary dwelling unit in an accessory building for a three year period on Part Lot 12, Concession Lake Road East, Municipality of Bluewater, Hay East Ward. The applicant received a three year permission for the dwelling unit to be occupied by the applicant’s parents in 2007 and the by-law was renewed for a further three years in 2010 and 2013. The applicant has applied for another three period and is proposing that the dwelling unit continue to be occupied by the applicant’s parents and, as previously indicated, that at the expiration of the temporary use by-law that the dwelling unit be converted and combined with the existing art studio. The subject parcel is approximately 1.4 hectares (3.5 acres).

COMMENTS The subject property is designated as Agriculture on Schedule B of the Bluewater Official Plan and zoned AG4 (Agricultural Small Holding) and NE2 (Natural Environment) on Key Map 4 of the Bluewater Zoning By-law.

“Planning with the community for a healthy, viable and sustainable future.”

3 ZBLA R05/16 (Bahar) Page 2 of 3. July 25, 2016

Figure 1 Air Photo of Subject Property (yellow line)

Figure 2 Photograph of Temporary Residence Building

Section 9.8 of the Bluewater Official Plan permits Council to pass an amendment to the Zoning By-law to permit the temporary use of land or buildings that is otherwise prohibited by the zoning by-law, in accordance with Section 39 of the Planning Act. Under this same section of the Official Plan, temporary use by-laws are deemed to conform with the Bluewater Official Plan. Temporary

4 ZBLA R05/16 (Bahar) Page 3 of 3. July 25, 2016

use by-laws may be passed for an effective period of up to three years and may be renewed for further periods of not more than three years.

Section 3.2.1. of the Bluewater Zoning By-law prohibits the use of accessory buildings for human habitation unless a dwelling is permitted as an accessory use. The AG4 zone permits a second unit in a single detached dwelling but not in an accessory building; hence the request for extension of the temporary use by-law.

The provision of temporary accommodation for parents of the applicant is similar to the garden suites permitted by Section 39.1 of the Planning Act (Section 39.1). As this temporary dwelling unit is within an existing accessory building and is not proposed to be removed at the end of its use but rather converted to a different use, Council needs to ensure that the discontinuance of the temporary use and the conversion does in fact occur at the expiry of the temporary use by- law. The applicant’s explicit agreement, in writing, to this requirement was obtained as part of the previous temporary use by-law’s approval and should be acquired again as part of the proposed temporary use by-law’s approval.

Municipal staff have reviewed the application and have comments with respect to the water service. Section 21 of By-law 82-2001 (“Rules and Regulations for the Maintenance and Operation of a System of Water Works in the Municipality of Bluewater”) requires a separate water service for each dwelling. As the second dwelling is temporary this was previously addressed through an exemption to the Water By-law permitting an exemption that matches the three year term of the temporary use by-law and can be done so again. The applicant would need to acknowledge again, in writing, that the Municipality has the right to require the installation of an additional water service at any time, in keeping with the requirements of the By-law 82-2001.

There have been no comments received from any of the neighbours as a result of the circulation of this application.

Please note this report is prepared without the benefit of input from the public as may be obtained through the public meeting. The Committee should carefully consider any comments and/or concerns expressed at the public meeting prior to making their recommendation on this application.

Sincerely,

______Denise Van Amersfoort Planner

Site Inspection: July 22, 2016

5 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT AFFECTING THE MUNICIPALITY OF BLUEWATER, HAY EAST WARD

TAKE NOTICE that the Council of the Corporation of the Municipality of Bluewater will hold a public meeting on Tuesday, August 2, 2016 at 7:00 p.m. in the Municipality of Bluewater Council Chambers, Stanley Complex, 38594B Mill Road (west of Varna on County Road 3), to consider a proposed zoning by-law under Section 34 and 39 of the Planning Act, R.S.O. 1990, as amended.

BE ADVISED that the Municipality of Bluewater considered this application to be complete on July 7, 2016.

This by-law amends Zoning By-law 43-2015 of the Corporation of the Municipality of Bluewater.

The location of the affected lands is shown on Schedule 2 and 3 attached. The location map identifies the lands within the Hay East Ward.

ANY PERSON may attend the public meeting and/or make written or verbal representation, either in support of or in opposition to the proposed zoning by-law amendment.

ONLY individuals, corporations and public bodies may appeal a by-law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf.

IF A PERSON OR PUBLIC BODY that files an appeal of a decision of the Corporation of the Municipality of Bluewater in respect of the proposed Zoning By-law does not make oral submissions at the public meeting or make written submissions to the Corporation of the Municipality of Bluewater before the proposed zoning by-law is adopted, the Ontario Municipal Board may dismiss all or part of the appeal.

ADDITIONAL INFORMATION relating to the proposed zoning by-law is available for inspection during regular office hours at the Bluewater Municipal office or by contacting the Municipality by email at [email protected].

DATED AT THE MUNICIPALITY OF BLUEWATER THIS 8th DAY OF July, 2016.

Clerk, Municipality of Bluewater 14 Mill Street, Box 250, Zurich, Ontario N0M 2T0(519) 236-4351

PURPOSE AND EFFECT: The purpose of the proposed by-law is to permit a temporary dwelling unit in an accessory building for a three year period on Part Lot 12, Concession Lake Road West, Municipality of Bluewater, Hay East Ward. The applicant had previously applied for and received a three year permission for the dwelling unit to be occupied by the applicant’s parents that was renewed in 2010 and 2013 for a further three years. The applicant has applied for a another three year period and is proposing that the dwelling unit continue to be occupied by the applicant’s parents and that at the expiration of the temporary use by-law that the dwelling unit be converted and combined with the existing art studio. The subject parcel is approximately 1.4 hectares (3.5 acres).

Mailed: July 12, 2016

CORPORATION OF THE MUNICIPALITY OF BLUEWATER DRAFT BY-LAW - 2016

WHEREAS the Municipal Council of the Corporation of the Municipality of Bluewater considers it advisable to amend ZONING BY-LAW 43-2015, as amended, of the Corporation of the Municipality of Bluewater.

NOW THEREFORE the Council of the Corporation of the Municipality of Bluewater ENACTS as follows:

1. This by-law shall apply to part of Lot 12, Lake Road East Concession, Hay East Ward, in the Municipality of Bluewater and is comprised of Schedules 1-3.

2. The temporary use authorized by this by-law shall be in effect for a period of three (3) years from the passing of the by-law.

3. The temporary use permitted by this by-law is as follows: Notwithstanding the provisions of By-law 43-2015 to the contrary, the lands to which this temporary use by-law applies may also be used for a dwelling unit in an accessory building on a temporary basis. The dwelling unit is to be removed at the expiry of this temporary use by-law and the space converted and combined with the existing art studio.

4. All other provisions of By-law 43-2015 shall apply.

5. This by-law shall come into force pursuant to Section 34(21) of the Planning Act, 1990, as amended.

READ A FIRST TIME ON THE DAY OF , 2016. READ A SECOND TIME ON THE DAY OF , 2016. READ A THIRD TIME AND PASSED THIS DAY OF , 2016.

______Tyler Hessel Charlene Overholt Mayor Manager of Corporate Services/Clerk

Mailed: July 12, 2016

7 SCHEDULE 1 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER BY-LAW - 2016

By-law - 2016 has the following purpose and effect:

1. The purpose of the proposed by-law is to permit a temporary dwelling unit in an accessory building for a three year period on Part Lot 12, Concession Lake Road West, Municipality of Bluewater, Hay East Ward. The applicant had previously applied for and received a three year permission for the dwelling unit to be occupied by the applicant’s parents that was renewed in 2010 and 2013 for a further three years. The applicant has applied for a another three year period and is proposing that the dwelling unit continue to be occupied by the applicant’s parents and that at the expiration of the temporary use by-law that the dwelling unit be converted and combined with the existing art studio. The subject parcel is approximately 1.4 hectares (3.5 acres).

2. This by-law amends Zoning By-law 43-2015.

3. The location map and key map showing the location to which this by-law applies are found on the following pages and are entitled Schedule 2 and Schedule 3.

Mailed: July 12, 2016

8 SCHEDULE 2 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER BY-LAW - 2016

Mailed: July 12, 2016

10 11 12 13 Btiiewater Zoning By-law Amendment File No. R,'5// b

1. Owner's Information Name of all registered owners: ;nAk2CE( ff b lf-!+4/2....

Mailing Address: "-J-J.(o 5°0 City: 2 v/2_1 cl-I- ) ON Postal Code: /YO hJ c:::lTO · Ph:..-- Mobile: F: -

2. Applicant Information 64,nE- 1 Nf-O. Name of authorized agent:

Mailing Address: City: Postal Code: Ph: Mobile: F: Email:

3. If known, the names and addresses of the holders of any mortgage, charge or other encumbrance. _/.'((;.._.1..,_N-E..------

4. Property Information L tl._t3S. '""' to� LR( Lot Number: PAILT Lo7 1;;:i.. Registered Plan/Concession Number: Lfl�:J.. ... --0 3 1 q s-i.f. Ward: l Ay CA-ST 9-1-1 Number: t'd 050 . Street: B ( llav ct-\e,..; �t\ h w � Property Roll Number: t) q0-0/� -03/oOO Part Number: J Reference Plan Number: Other: Date of acquisition: ;loo;:l. (:bo�h I ·H,e fo-�') .

5. What is the purpose and reasons for the proposed amendment? ·ra Conft,1ue fe us-e '±he cxidih 'CJf/l -1-o AouS:f:_

6. Existing and proposed uses of the property: - I ·� .,_() I o fYJef;aMn c:i..S I u · Re5,, dt1Ai1'a How long have the existing uses continued? J� tJfiS•

Rev. 08.01.2016 Page 3 of 8

14 15 16 17 18 19 PLANNING & DEVELOPMENT 57 Napier Street, Goderich, Ontario N7A 1W2 CANADA Phone: 519.524.8394 Ext. 3 Fax: 519.524.5677 Toll Free: 1.888.524.8394 Ext. 3 www.huroncounty.ca

To: Kyle Pratt, CAO, Municipality of Bluewater Mayor and Members of Council From: Denise Van Amersfoort, Planner Date: July 25, 2016

Re: Deeming By-law Application DB03-16 Lots 4, 5 and 27 of Plan 154, Pt Huron Terrace of Plan 147 Closed by R273623, Bayfield Ward, Municipality of Bluewater (51 Tuyll Street) Applicants: Quinn Ross Owners: John and Leslie Erb

RECOMMENDATION It is recommended that: 1. a by-law under Section 50(4) of the Planning Act to deem Lots 4, 5 and 27 of Plan 154, Pt Huron Terrace of Plan 147 Closed by R273623 not in a plan of subdivision be passed, and 2. that prior to passing the by-law the applicant provide an undertaking ensuring the following: a) registration of the deeming by-law, and b) payment of the Municipality’s costs in completing or ensuring the above actions are implemented.

COMMENTS Section 50(4) of the Planning Act gives Council the ability by by-law to designate any plan of subdivision or part of a plan of subdivision that has been registered for eight years or more to be deemed not to be a plan of subdivision for subdivision control purposes (this is commonly referred to as a deeming by- law). There are no notice requirements for a deeming by-law before Council passes the by-law although the owner of the lands is required to be informed once the by-law is passed and must be given the opportunity to address Council regarding the by-law, if such a request is received within twenty days of the notice of passing being sent.

The subject lands are designated Residential on Schedule C of the Bluewater Official Plan and zoned R1 (Residential Low Density) and NE3 (Natural Environment) on Zone Map 1A of the Bluewater Zoning By- law.

The subject lots (see Figures 1, 2 & 3) currently contain a single detached dwelling and a detached garage. The owners wish to deem the lots together so that the existing single detached dwelling can maintain the required setbacks to the south property line as per the Bluewater Zoning By-law. The owners intend to renovate the dwelling this fall.

“Planning with the community for a healthy, viable and sustainable future.”

20 Deeming By-law Application DB03-16: Ross for Erb Page 2 of 3 July 25, 2016

Figure 1. Air Photo of Subject Property

Figures 2. Site Plan

Figure 3. Photograph of Subject Property (looking west from Tuyll)

21 Deeming By-law Application DB03-16: Ross for Erb Page 3 of 3 July 25, 2016

There were no other concerns or comments from Municipal staff.

In conclusion, it is appropriate to deem the subject lots not in a plan of subdivision and it is recommended the deeming by-law be passed.

A copy of the draft deeming by-law is attached to this report.

Sincerely,

______Denise Van Amersfoort Planner

Date of Site Inspection: July 22, 2016

22 THE CORPORATION OF THE MUNIICPALITY OF BLUEWATER BY-LAW NUMBER 81 – 2016 BEING a By-law to deem part of a registered plan not to be registered

WHEREAS Section 50(4) of the Planning Act, R.S.O. 1990, c.P.13. as amended, (“Planning Act”) authorizes a Municipality to designate any plan or part thereof that has been registered for eight years or more as not being a plan of subdivision for subdivision control purposes;

AND WHEREAS Subdivision Plan Number 154, formerly Village of Bayfield, now Municipality of Bluewater, County of Huron has been registered for more than eight (8) years;

AND WHEREAS it is expedient that a By-law enacted pursuant to Section 50(4) of the Planning Act deeming Lt 4 Pl 154 Bayfield; Lt 5 Pl 154 Bayfield; Lt 27 Pl 154 Bayfield, Pt Huron Terrace Pl 147, Bayfield Closed By R273623; Confirmed By 22BA2273; Pt 9, 22R-2852, Municipality of Bluewater, County of Huron PIN 41199-0035 (LT) not to be a registered plan of subdivision;

NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER HEREBY ENACTS AS FOLLOWS:

1. That Lt 4 Pl 154 Bayfield; Lt 5 Pl 154 Bayfield; Lt 27 Pl 154 Bayfield; Pt Huron Terrace Pl 147, Bayfield Closed By R273623; Confirmed By 22BA2273; Pt 9, 22R-2852, Municipality of Bluewater, County of Huron, PIN 41199-0035 (LT) are in a Registered Plan of Subdivision that has been registered for eight years or more and are hereby deemed not to be a registered plan of subdivision for the purposes of subsection (3) of Section 50 of the Planning Act;

2. That the Owner(s) of the lands as at the date of by-law passage shall pay all costs associated with the development, passage and registration of this By-law to the Municipality within thirty (30) days of receiving invoices for costs;

3. That this By-law shall be registered in the proper Land Registry Office and the Municipality shall be provided with appropriate documentation that the registration has been completed within five (5) business days of the date of registration;

4. That passage of this By-law shall be deemed to include authorization to legal counsel to register same in the appropriate Land Registry Office without further written authorization;

5. That this By-law shall come into effect when registered in the proper Land Registry Office.

Read a first and second time this 2nd day of August, 2016.

Read a third time and finally passed this 2nd day of August, 2016.

Tyler Hessel, Mayor

Charlene Overholt, Clerk

23 24 25 26 27 28 29 30 PLANNING COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Arlene Parker

DISPOSITION OF PROPERTY: FORMER PUMP HOUSE PROPERTY ______

RECOMMENDATION: That Council declared the lands described as Pt Lt 772 Pl 147 Confirmed by BA2273 Pt 1 22R-2661; S/T Interest in R267388; PIN 41205-0094 (LT); Bluewater (“the Lands”) to be surplus to the needs of the Corporation on June 20, 2016; and

That a public meeting was held on August 2, 2016 to consider objections to the proposed disposal of the Lands; and

That no objections have been received from any member of the public; and

That the Committee of the Whole hereby recommends to Council to authorize the sale of the Lands to the Bayfield Agricultural Society for a consideration of $2.00.

BACKGROUND: The Bayfield Agricultural Society requested that Council agree to convey the former pump house property on Victoria Street. On June 20, 2016 Council resolved to declare the lands described as Pt Lt 772 Pl 147 Confirmed by BA2273 Pt 1 22R-2661; S/T Interest in R267388; PIN 41205-0094 (LT); Bluewater (“the Lands”) to be surplus to the needs of the Corporation. Council resolved that the method of sale be by direct offer to the Bayfield Agricultural Society for a consideration of $2.00.

In accordance with Council’s direction, notice was provided by mail to one owner who directly abuts the property, by a sign posted on-site and by a notice on the Municipal website, that the Municipality is considering disposal of the Lands. The owner of the abutting property contacted the Municipality to confirm the property to be conveyed and indicated that she did not think she would have any objection but would contact the Municipality if her thoughts change. No follow up contact was received. No other enquiries were received by any member of the public.

Staff recommends that the Committee hold a public meeting to consider any objections to the disposal of the Lands. If no one indicates they are adversely impacted by the disposal of the property the Committee should recommend to Council to authorize the sale of the Lands for a consideration of $2.00.

The Bayfield Agricultural Society will proceed to have their counsel prepare an Agreement of Purchase and Sale, and the Agreement will be reviewed by municipal counsel. An authorizing By-law will be brought to the September 6th meeting.

FINANCIAL IMPACT: As previously reported, the estimated cost for municipal counsel review of the transaction documentation and for registration of the authorizing By-law is $1,500.00. The cost is to be allocated to the Bayfield Water Project.

ATTACHMENTS: Council Report – June 20, 2016

Submitted By:

Arlene Parker, Dipl.M.A., Planning Co-Ordinator 519-236-4351 ext. 235, [email protected]

Approved: Concurred: Concurred:

Kyle Pratt, CAO Ansberth Willert, Manager of Finance Jennette Walker, Manager of Public Works

Concurred:

Tim Masse, Chief Building Official

32 PLANNING COMMITTEE REPORT Meeting Date: June 20, 2016 Submitted By: Arlene Parker

BAYFIELD AGRICULTURAL SOCIETY: VARIOUS ISSUES ______

RECOMMENDATIONS: 1. That the Corporation of the Municipality of Bluewater hereby declares the lands described as Pt Lt 772 PL 147 Confirmed by 22BA2273 Pt 1 22R-2661; S/T Interest in R267388; PIN 41205-0094 (LT); Bluewater to be surplus to the needs of the Corporation;

Notice of the proposed sale be by letter sent to owners of property that directly abut the property to be sold, by a sign posted on the property and by a notice on the Municipal web site.

That an appraisal of the property need not be obtained.

That the method of sale be by direct offer of the property to the Bayfield Agricultural Society for a consideration of $2.00; That the Municipality’s costs for the property disposition be allocated to the Bayfield Water Project; That a public meeting be scheduled for the August 2nd regular Committee of the Whole meeting at 7:00 p.m. to consider objections for any person who indicates they are adversely impacted by the sale of the property. 2. That By-law Number 70 – 2016, Being a By-law to authorize a property lease with the Bayfield Agricultural Society be given first, second and third reading and finally passed this 20th day of June, 2016. 3 That the Bayfield Agricultural Society be advised that the Municipality of Bluewater does not agree to create and transfer to them a parcel of land to accommodate one frame shed and a partial frame shed located on a portion of the municipal Bayfield Complex lands. 4. That By-law Number 71 – 2016, Being a By-law to authorize an encroachment agreement with the Bayfield Agricultural Society be given first, second and third reading and finally passed this 20th day of June, 2016. 5. That Council approves/does not approve waiving 500.00 major encroachment application fee BACKGROUND: The Village of Bayfield and the Municipality of Bluewater have a long history of co-operation in sharing of resources to provide recreation services for residents. The Bayfield Agricultural Society (the “Society”) is very active in the community. 2016 marks the 160th Community Fair to be held August 19 – 21. The Municipality leases land from the Agricultural Society for the purposes of: a ball park, soccer pitches, children’s programs etc. The lease expired on December 31, 2013.

There are a number of property issues to be addressed respecting the Bayfield Agricultural Society. The Society and municipal staff have been working together for some time to provide Council with options to resolve the various issues. There have been a significant number of informal arrangements involving a number of parties relating to the lands and buildings and these arrangements have evolved over the years. Additionally, there is co-mingling of materials in storage by the Municipality, the Society and the Lions Club. Municipal staff and Society representatives agreed that there is a need to document these verbal arrangements and to address property issues with appropriate agreements. 33

There are four issues to be addressed. A summary of each issue along with staff’s recommended action plan is set out below:

Issue #1: Municipal water pumping station property, Part 1, 22R-2661, Pt Lot 772, Pl 147: this small 20’ X 40’ parcel was carved off the larger Agricultural Society lands and transferred by the Society to the Village of Bayfield for the assumption of the MacDougall Water System on February 1, 1990. The transfer contained a covenant that the Village was to provide “a supply of water from the parcel and premises in perpetuity and for no costs for supply of water and to provide a water line from the property for the use of the cattle barns.”

As part of the Bayfield Water Project, the pumping station has been decommissioned and made redundant as a pump house. The pump house remains on the land and the Municipality is using the building for recreation department storage. The Society requests that Bluewater transfer the property back to the Society. The Society’s Board advised that the intention was for the property to be transferred back to the Society should the property no longer be needed for the water system. The transfer documents do not contain any language to that effect. The Society transferred the property to the Village of Bayfield for $2 and a water supply to the cattle barns in perpetuity. It seems reasonable to agree to the Society’s request for transfer of the property for $2.00 but on the basis that the covenant relating to water supply is released. The Society would accept the transfer and then lease the land to the Municipality along with the other Society lands currently leased for zero rent. The lease contains specific language that the Municipality may have exclusive use of the building for storage. The issue of water supply is addressed in the proposed lease.

By-law No. 4 – 2002 regulates procedures to govern the sale or disposal of real property. Under s. 1.1 the property must be declared to be surplus. An appraisal of the fair market value is mandatory under s. 1.2. However Council does have the ability to vary its by-laws. There are situations that can’t be anticipated in a general by-law. The estimated appraisal cost is $1,500.00. This property is of very limited marketability. It essentially is of no usefulness except to square off the Society’s lands. The principle of returning the property in kind for $2.00 is acceptable. Conducting the appraisal in this situation is not the best use of resources. Also, the Society can be considered to be akin to a local board which is not required to obtain an appraisal. Staff considers it appropriate to vary the by-law at the time of authorizing the transfer if there are no adverse representations at the public meeting. Council may direct how notice is provided and set out a procedure for the method of sale. Public notice and a public meeting to hear from anyone who may be adversely impacted by the proposed sale is required.

The property is of limited usefulness to any party other than the Municipality or the Bayfield Agricultural Society. It’s size is 20’ X 40’ and therefore not buildable. It would not be desirable to convey the property to a non-associated person. Staff suggests that the full financial benefit as a pump house has been realized and the property most appropriately fits with the Society’s lands. The Municipality receives a continuing benefit of the property by terms in the lease with the Society.

Staff recommends that Council direct that: a) Notice of the proposed sale be by letter sent to owners of property that directly abut the property to be sold, by a sign posted on the property and by a notice on the Municipal web site.

b) That an appraisal of the property need not be obtained.

c) That the method of sale be by direct offer of the property to the Bayfield Agricultural Society for a consideration of $2.00.

34 d) That the Municipality’s cost for the disposal be allocated to the Bayfield Water Project.

e) That a public meeting be scheduled for the August 2nd regular Committee of the Whole meeting at 7:00 p.m. to consider objections from any person who indicates they are adversely impacted by the sale of the property.

Issue # 2: Lease renewal: the format and content of the expired lease document is at least 20 years old. A new lease document that complies with current legislation was drafted by the municipal lawyer and reviewed by the municipal insurance broker.

The previous lease provided that the Village/Municipality would lease the lands but not any Bayfield Agricultural Society buildings on the lands. However, over time the buildings contents have become co-mingled with municipal, Society and others property.

The Society advised that the Bayfield Lioness’ built the washroom located on the Society land and donated the building to the Village on completion. Staff is unable to locate any documentation except to note that the Village specifically leased the lands “but not including the buildings” in 1994. This building also has a small concession booth. The washroom is essentially a publicly-used facility and the Municipality specifically uses the washroom and concession booth to serve the summer children’s programs provided by the Municipality.

Lease Terms:

Term Current Lease Proposed Lease Term of lease 20 years 5 years + 1 yr. month to month Rent $1.00 per year $2.00 per year Society use of Lands, Arena, Up to six days per year for Up to eight days per year for Community Centre annual fair annual fair; lease shall be temporarily suspended Up to four days per year for Up to five days per year for fundraising fundraising Use of part of the Lands on Sundays from May 15 to Oct 15 or other as agreed to for purpose of a market Memorial gates No changes to memorial gates No changes to memorial gates or or plaques unless agreed to in plaques unless agreed to in writing writing. Encroachment agreement for gate located on Fry Street Making changes Prior written permission to make Municipality shall only use the changes required Lands for events and activities sanctioned by the Municipality including but not limited to park, cultural, recreational, tourist and community events and for parking services for said events and activities. In the event the Municipality plans any changes in use or ownership of the Municipality’s buildings then the Landlord and the Municipality 35 shall negotiate in good faith to amend the terms of this agreement to make the best use of the Landlord’s lands and the Municipality’s buildings for community uses and purposes. Exclusivity Landlord will not grant anyone other than the Municipality permission by lease or agreement to use etc. Committee Committee set up to approved Committee requirement removed. proposed changes to the lands Payments Village pays taxes, except for Lease is a completely carefree net (Agricultural Societies are local improvements lease for the Landlord. exempt under the Assessment - Municipality pays Act) quarterly water & sewer ** Covenant attached to transfer … supply of water from the Tenant supplies a water supply to of pumping station property herein-described parcel of lands the Municipality owned public and premises in perpetuity and washroom and the Cattle/Storage for no costs for supply of water building at no cost. and to provide a water line from the property to the cattle barn.

In an attempt to describe the various informal arrangements, a schedule to the lease depicts the various structures, their general location and the status as understood by Bayfield Agricultural Society representatives and municipal staff. The arrangements involve the Society and the Municipality, the Society and the Lions Club and the Municipality and the Lions Club. It would make sense to try and disentangle the various uses to properly assign liability. However, the Society and Municipal staff wish to continue the current uses.

Schedule B to the lease describes the various structures, who owns them and who uses them.

Issue #3: Request by Society for Municipality to transfer a portion of Bayfield Complex lands: The Society’s Frame Shed (pet display building) is shown on a portion of plan 22R-1009. The Lions Club Frame Shed is also shown on that plan. The Society requests that Council create a parcel approximately 40’ X 50’ in the southwest corner of the Bayfield Complex lands and transfer it to the Society. The Society would like to make repairs to the pet display building by sourcing grant funding. The Society advised that they are unable to source grants unless they own the property that the shed is located on. The Society avers that the Society transferred the lands to the Village of Bayfield for the Complex so the Village could access a grant to build the Complex and the Society would now like the favour returned.

Staff recommends against this proposal. The public interest is best served by relocating the sheds to the Society’s lands. However the Society does not feel the structure can withstand moving.

Creation of the parcel would have a number of negative impacts: Municipal maintenance activities to the Complex would become more difficult The parcel and resulting setbacks etc. would contravene multiple provisions in the zoning by-law Should the frame shed(s) be destroyed for any reason the Municipality would no longer own the property – the non-desirable situation would be perpetuated

36 Significant issues around separation requirements in the Building Code Act would impact both the frame shed and the municipal building The site for the Complex is already very tight – in the order of 70+% property coverage, leaving little room for maintenance, equipment installation, legislative requirements etc. Municipal legal counsel advises against creation of the parcel

For these reasons, the request of the Society should be respectfully denied. Should Council wish to give further consideration to the request, staff strongly recommends that a complete report be prepared itemizing the numerous negative impacts along with associated costs to mitigate these impacts.

The following section relating to encroachments may need to be amended, depending on Council’s decision in the matter.

Issue # 4: Encroachments on municipal land and road allowances: As part of the normalization process the Society agreed to apply for permission for their structures to encroach on municipal property. A shed (pet display building) encroaches on the Bayfield Complex property, a Cattle/Storage building encroaches on the unconstructed Christy Street road allowance and one Stone Entrance gate is partially located on Fry Street.

Encroachments are regulated by By-law No. 6- 2010. It is not the practice to permit new encroachments on municipal property and staff does not actively seek out existing situations. However if the Municipality does become aware of encroachments, compliance with the By-law is requested.

Although it is true that the pet display building does interfere to a certain extent with the Municipality’s building/operations, due to the long standing co-operative relationship with the Society and the community benefits of the Society’s historical fair staff did not object to the application. The cattle/storage building and stone entrance gate on Christy Street and Fry Street do not present an issue for municipal operations. These 3 items are classified as major encroachments.

The By-law requires that major encroachments be addressed through an encroachment agreement registered on title. The By-law requires that a $500 application fee be paid and that the applicant pay the costs for preparation and registration of the agreement. The Society requested that the application fee be waived. It is the municipality’s policy that application fees are not waived. Typically, there is one private benefactor in planning and property issues. The costs associated with processing applications for an individual are not subsidized by the general tax levy. However, since the municipality is using at least one of the encroaching buildings for storage there might be an argument for waiving the application fee. There is no cost for agreement preparation and the Society’s counsel will be responsible to register the encroachment agreement. Staff does not have the authority to vary the requirements of a By-law, therefore staff requests that Council provide direction by a resolution regarding the $500.00 encroachment application fee.

FINANCIAL IMPACT: Transfer of former pump house: $1,500.00 estimate for legal review of transfer; registration of By-law. Lease: $500.00 estimate for registration of new lease. Cost incurred in 2015 to prepare new lease: $3,867.00. Encroachment Agreement: $500.00 unrealized revenue if application fee is forgiven. Notwithstanding the costs listed above, there is a significant implied financial impact from Insurance review, time and expenses incurred by Public Works with OCWA, Engineers and various time commitments for site visits, research and input.

ATTACHMENTS: 37 Attach. 1 – Property documents pump house parcel Attach. 2 – By-law Number 70 – 2016, Proposed lease Attach. 3 - Copy of portion of 22R-1009 showing frame sheds Attach. 4 - By-law Number 71 – 2016, Proposed encroachment agreement

Submitted By:

Arlene Parker, Planning Co-Ordinator 519-236-4351 ext. 235, [email protected]

Approved: Concurred: Concurred:

Kyle Pratt, CAO Jennette Walker, Manager of Public Works Tim Masse, Chief Building Official

Concurred: Concurred:

Charlene Overholt, Clerk Ansberth Willert, Treasurer

38 PLANNING COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Arlene Parker

BAYFIELD AGRICULTURAL SOCIETY: REQUEST TO TRANSFER ______

RECOMMENDATION: 1) That the Committee of the Whole recommend to Council to request the Bayfield Agricultural Society prepare a detailed cost estimate of the repairs they would like to make to the frame shed/pet display building; and

That the cost estimate be provided to Council.

BACKGROUND: The Bayfield Agricultural Society (“the Society”) requested Council to agree to transfer a portion of the Bayfield Complex lands upon which the Society’s frame shed (pet display building) stands. The Society wishes to make repairs to the building by sourcing grant funding. The Society maintains that it is unable to source funding because they do not own the property the frame shed is located on.

Representatives from the Bayfield Agricultural Society explained their position at the June 20th regular Council meeting. Council requested more information be obtained on the creation and transfer of the parcel of land to accommodate one frame shed and a partial frame shed located on a portion of the municipal Bayfield Complex lands.

The pet display building and a portion of the Lion’s Club storage building encroach on the Bayfield Complex lands. The structures are shown on plan 22R-1009. A portion of the plan is attached with markup to show the proposed parcel.

The area needed is about 40’ X 50’. Carving out this area would leave approximately 4’ of clearance from the frame shed and the arena to the potential property line on the north side. The west side property line is 3 feet. The Lions structure is on the south property line.

The Bayfield Complex currently occupies over 70% of the arena lands. It is essentially built out to the lot lines on three sides. A reduction in the already small open space severely limits the municipality’s ability to deal with the property/building.

The Chief Building Official notes that, due to the proximity of the buildings, there is an increased risk of fire spreading from one building to the other. If either the frame shed or the Lions structure is reconstructed in the same location, the Building Code would require them to be of non-combustible construction. The buildings could be relocated on the Bayfield Agricultural Society lands at this time in a more suitable location that would be less restrictive in terms of future alteration or reconstruction.

Creation of this parcel would result in a non-buildable parcel of land that is legally conveyable to another party at any time. The Bayfield Agricultural Society could transfer the property to a party that is completely unrelated to the municipality or the Society. Neither the municipality nor the Society can predict what will happen in the future.

The costs to create and transfer the parcel include approximately $1,500.00 to prepare and deposit a reference plan, title searching and $5,000 in legal fees for both parties. Should the frame shed be destroyed the same legal fees would be incurred to transfer the parcel back to the municipality. 39

Given the costs involved and the risk to the municipality to have the parcel in separate ownership, staff is of the opinion that this solution to the problem of obtaining funds to repair the frame shed is not the best solution. The best outcome for all parties would be relocation of the frame shed onto the Society lands. The shed should not be improved in its current location. However, staff appreciates that construction of a new structure of this size or relocation of the existing structure would be costly and perhaps beyond the financial capabilities of the Society. Staff does not wish to prolong this issue unnecessarily, however every possible solution should be considered prior to taking the drastic step of transferring the property. Perhaps the Society could prepare more detailed information on the repairs they would like to undertake and the associated costs so Council can better understand the scope of the funding issue.

FINANCIAL IMPACT: There is no financial impact from the receipt of this report.

ATTACHMENTS: Council Report – June 20, 2016 Partial map – 22R-1009

Submitted By:

Arlene Parker, Dipl.M.A., Planning Co-Ordinator 519-236-4351 ext. 235, [email protected]

Approved: Concurred: Concurred:

Kyle Pratt, CAO Ansberth Willert, Manager of Finance Jennette Walker, Manager of Public Works

Concurred: Concurred:

Charlene Overholt, Clerk/ Tim Masse, Chief Building Official Manager of Corporate Services

40 PLANNING COMMITTEE REPORT Meeting Date: June 20, 2016 Submitted By: Arlene Parker

BAYFIELD AGRICULTURAL SOCIETY: VARIOUS ISSUES ______

Notice of the proposed sale be by letter sent to owners of property that directly abut the property to be sold, by a sign posted on the property and by a notice on the Municipal web site.

That an appraisal of the property need not be obtained.

There are four issues to be addressed. A summary of each issue along with staff’s recommended action plan is set out below:

b) That an appraisal of the property need not be obtained.

c) That the method of sale be by direct offer of the property to the Bayfield Agricultural Society for a consideration of $2.00.

42 d) That the Municipality’s cost for the disposal be allocated to the Bayfield Water Project.

Lease Terms:

Term Current Lease Proposed Lease Term of lease 20 years 5 years + 1 yr. month to month Rent $1.00 per year $2.00 per year Society use of Lands, Arena, Up to six days per year for Up to eight days per year for Community Centre annual fair annual fair; lease shall be temporarily suspended Up to four days per year for Up to five days per year for fundraising fundraising Use of part of the Lands on Sundays from May 15 to Oct 15 or other as agreed to for purpose of a market Memorial gates No changes to memorial gates No changes to memorial gates or or plaques unless agreed to in plaques unless agreed to in writing writing. Encroachment agreement for gate located on Fry Street Making changes Prior written permission to make Municipality shall only use the changes required Lands for events and activities sanctioned by the Municipality including but not limited to park, cultural, recreational, tourist and community events and for parking services for said events and activities. In the event the Municipality plans any changes in use or ownership of the Municipality’s buildings then the Landlord and the Municipality 43 shall negotiate in good faith to amend the terms of this agreement to make the best use of the Landlord’s lands and the Municipality’s buildings for community uses and purposes. Exclusivity Landlord will not grant anyone other than the Municipality permission by lease or agreement to use etc. Committee Committee set up to approved Committee requirement removed. proposed changes to the lands Payments Village pays taxes, except for Lease is a completely carefree net (Agricultural Societies are local improvements lease for the Landlord. exempt under the Assessment - Municipality pays Act) quarterly water & sewer ** Covenant attached to transfer … supply of water from the Tenant supplies a water supply to of pumping station property herein-described parcel of lands the Municipality owned public and premises in perpetuity and washroom and the Cattle/Storage for no costs for supply of water building at no cost. and to provide a water line from the property to the cattle barn.

Schedule B to the lease describes the various structures, who owns them and who uses them.

Staff recommends against this proposal. The public interest is best served by relocating the sheds to the Society’s lands. However the Society does not feel the structure can withstand moving.

44 Significant issues around separation requirements in the Building Code Act would impact both the frame shed and the municipal building The site for the Complex is already very tight – in the order of 70+% property coverage, leaving little room for maintenance, equipment installation, legislative requirements etc. Municipal legal counsel advises against creation of the parcel

The following section relating to encroachments may need to be amended, depending on Council’s decision in the matter.

ATTACHMENTS: 45 Attach. 1 – Property documents pump house parcel Attach. 2 – By-law Number 70 – 2016, Proposed lease Attach. 3 - Copy of portion of 22R-1009 showing frame sheds Attach. 4 - By-law Number 71 – 2016, Proposed encroachment agreement

Submitted By:

Arlene Parker, Planning Co-Ordinator 519-236-4351 ext. 235, [email protected]

Approved: Concurred: Concurred:

Kyle Pratt, CAO Jennette Walker, Manager of Public Works Tim Masse, Chief Building Official

Concurred: Concurred:

Charlene Overholt, Clerk Ansberth Willert, Treasurer

46 47 BUILDING SERVICES COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Mike Rolph

BY-LAW ENFORCEMENT ACTIVITY – JUNE 2016 ______

RECOMMENDATION: That the Committee of the Whole receives this report for information purposes.

BACKGROUND: This report provides a brief summary of the by-law enforcement activity across the Municipality of Bluewater. Activity Reports will be provided monthly and an annual report provided in February.

By-law Enforcement has opened 16 files and closed 36 files during the month of June. On the last day of the month, there were a total of 25 files in action.

During the month of June the By-law Enforcement Department issued 0 Parking Infraction Notices.

FINANCIAL IMPACT: There are no financial implications resulting from the adoption of this report.

ATTACHMENTS: By-law Enforcement Activity Report – June 2016

Submitted By:

Tim Masse, Chief Building Official 519-236-4351 ext. 225, [email protected]

Approved:

Kyle Pratt, CAO

48 ACTIVITY REPORT – JUNE 2016

NUMBER OF FILES OPENED PER YEAR YEAR NUMBER OF FILES OPENED 2011 274 2012 198 2013 222 2014 263 2015 224 2016 YTD 127

ACTIVITY BY BY-LAW NUMBER OF FILES NUMBER OF FILES FILES IN OPENED CLOSED ACTION Animal Control (Dogs) 5 4 2 Animal Control (Other) 1 0 0 Dumping on Municipal Lands 0 0 0 Encroachment on Municipal Lands 0 0 0 Lot Maintenance 9 32 13 Noise 0 0 0 Open Air Burning 0 0 0 Property Standards 0 0 5 Swimming Pool Enclosure 0 0 0 Watering 0 0 0 Zoning 1 0 5 TOTALS 16 36 25

0 Hay West Hay East Stanley West Stanley East Bayfield Hensall Files in Action Zurich Files Opened

49 BUILDING SERVICES COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Nellie Evans

BUILDING ACTIVITY – JUNE & SECOND QUARTER 2016 ______

RECOMMENDATION: That the Committee of the Whole receives this report for information purposes.

BACKGROUND: A summary of building activity across the Municipality of Bluewater is compiled on a monthly basis from the building, demolition and on-site sewage system permits received and processed by staff. Monthly activity reports appear in the Committee of the Whole’s regular meeting agenda package with quarterly and annual reports to include analysis of ward trends highlighting activity during the reporting period. Quarterly reports will be presented in the months of May, August and November with the annual report being presented in February.

The Building Department issued 31 permits with a construction value totaling $3,252,500.

June Residential accounts for 74 per cent of the month’s total number of permits and is valued at $3,037,500. Commercial accounts for 6 per cent of the month’s total number of permits and is valued at $124,000. Agricultural accounts for 6 per cent of the month’s total number of permits and is valued at $91,000. There was no activity in the Industrial sector.

Second Quarter The Building Department issued 85 permits with a construction value totaling $12,633,900.

FINANCIAL IMPACT: There are no financial implications resulting from the adoption of this report.

ATTACHMENTS: Building Activity Report – June 2016

Submitted By:

Tim Masse, Chief Building Official 519-236-4351 ext. 225, [email protected]

Approved:

Kyle Pratt, CAO

50 BUILDING ACTIVITY REPORT

5 YEAR SUMMARY FOR THE 12-MONTH PERIOD ENDING DECEMBER 31st

YEAR CONSTRUCTION VALUE No. OF PERMITS ISSUED 2011 $19,874,600 220 2012 $27,044,150 231 2013 $74,015,300 280 2014 $46,994,200 242 2015 $54,957,600 226

TOTALS FOR THE MONTH OF JUNE 2016

JUNE YTD 2016 YTD 2015

Construction Value $3,252,500 $14,316,900 $45,241,300 Permits Issued 31 109 120 Building Inquiries 30

PERMIT CATEGORY NUMBER VALUE Residential Multiple Residential Unit Single Family Dwelling 7 $ 2,300,000 Residential Addition/Alteration 9 $ 553,000 Residential Accessory Building 3 $ 162,000 Cottage Unit Cottage Addition/Alteration Cottage Accessory Building Trailer Unit 2 $ 12,000 Trailer Addition/Alteration 2 $ 10,500 23 $ 3,037,500 Commercial Commercial New Construction Commercial Addition 2 $ 124,000 2 $ 124,000 Industrial Industrial New Construction Industrial Addition/Alteration 0 $ - Agricultural Agricultural New Construction 2 $ 91,000 Agricultural Addition 2 $ 91,000 Sewage System 4 $ - Demolition Wind Turbine TOTAL 31 $ 3,252,500

51 WARD BY WARD COMPARISON – 2016 SECOND QUARTER (APR - JUN)

HAY EAST HAY WEST STANLEY EAST STANLEY WEST PERMIT CATEGORY NUMBER VALUE NUMBER VALUE NUMBER VALUE NUMBER VALUE Residential Multiple Residential Unit 1 $ 500,000 Single Family Dwelling 7 $ 2,294,000 1 $ 300,000 Residential Addition/Alteration 3 $ 295,000 6 $ 377,500 1 $ 5,400 3 $ 102,500 Residential Accessory Building 1 $ 27,000 1 $ 95,000 Cottage Unit Cottage Addition/Alteration Cottage Accessory Building Trailer Unit 1 $ 2,000 4 $ 80,000 Trailer Addition/Alteration 2 $ 5,500 1 $ 8,000 2 $ 7,500 3 $ 295,000 15 $ 2,677,000 4 $ 42,400 12 $ 1,085,000 Commercial Commercial New Construction Commercial Addition

Industrial Industrial New Construction Industrial Addition/Alteration

Agricultural Agricultural New Construction 3 $ 904,000 4 $ 1,541,000 Agricultural Addition 1 $ 15,000 2 $ 150,000 4 $ 919,000 6 $ 1,691,000 Sewage System 1 $ - 11 $ - Demolition 1 $ - Wind Turbine TOTAL 8 $ 1,214,000 26 $ 2,677,000 10 $ 1,733,400 13 $ 1,085,000

BAYFIELD HENSALL ZURICH 2nd QUARTER TOTAL PERMIT CATEGORY NUMBER VALUE NUMBER VALUE NUMBER VALUE NUMBER VALUE Residential Multiple Residential Unit 2 $ 707,000 3 $ 1,207,000 Single Family Dwelling 5 $ 1,825,000 13 $ 4,419,000 Residential Addition/Alteration 4 $ 145,000 3 $ 13,500 2 $ 66,000 22 $ 1,004,900 Residential Accessory Building 3 $ 90,000 1 $ 4,000 6 $ 216,000 Cottage Unit Cottage Addition/Alteration Cottage Accessory Building Trailer Unit 5 $ 82,000 Trailer Addition/Alteration 5 $ 21,000 14 $ 2,767,000 3 $ 13,500 3 $ 70,000 54 $ 6,949,900 Commercial Commercial New Construction Commercial Addition 2 $ 58,000 2 $ 1,616,000 4 $ 1,674,000 2 $ 58,000 2 $ 1,616,000 4 $ 1,674,000 Industrial Industrial New Construction 2 $ 1,400,000 2 $ 1,400,000 Industrial Addition/Alteration 2 $ 1,400,000 2 $ 1,400,000 Agricultural Agricultural New Construction 7 $ 2,445,000 Agricultural Addition 3 $ 165,000 10 $ 2,610,000 Sewage System 2 $ - 14 Demolition 1 Wind Turbine TOTAL 18 $ 2,825,000 5 $ 1,413,500 5 $ 1,686,000 85 $ 12,633,900

FACILITIES COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Bruce Grant

ZURICH ARENA ROOF DRAINAGE ______

RECOMMENDATIONS: 1) That Committee of the Whole recommends that Council for the Municipality of Bluewater direct staff to transfer $5,060.48 from the Zurich Arena contingency account to support the Zurich Arena Roof Drainage project. 2) That Committee of the Whole recommends that Council for the Municipality of Bluewater award the quotation for “Zurich Arena Roof Drainage” to C. E. Reid & Sons in the amount of $14,800.00 plus HST.

BACKGROUND: The 2016 budget includes $9,500.00 for drainage improvements to properly manage run-off from the Zurich Arena roof. The pipe that was initially installed is undersized and appears to have collapsed in places. The unsuitable pipe system is allowing water to collect along the east wall of the arena saturating the earth in the area immediately adjacent to the foundation. Cold generated from the frozen ice slab has the potential to heave the saturated soil and destroy the floor and wall along that side of the arena. Saturation of the area needs to be corrected. The proposed piping system has been engineered to address both flow and structural demands. The quotation also includes a construction time period from after RV usage for the Bean Festival to before refrigeration starts. The initial cost that was provided by Facilities staff at budget time was based on an estimate from a local contractor however pipe size and type had not been established at the time. The final, more robust design resulted in an appreciable cost increase. With the expectation that the cost would be below the $15,000.00 threshold, five local contractors were invited to submit a quote for the work. This would satisfy the procurement by-law requiring 3 informal quotes for items under $15,000.00. Four contractors attended the mandatory pre-bid site meeting. Quotations closed on July 20th at 2:00 PM with one bidder having submitted a price for the work. The price bid is $14,800.00, however with the addition of net HST, the total will be $15,060.48 which is $60.48 over the procurement by-law limit for informal quotes. While the total cost exceeds the procurement limit for invited bids, the suggestion is that re-tendering is unlikely to prove beneficial based on additional tendering costs and delay in completing the work. FINANCIAL IMPACT: An amount of $9,500.00 was included in the 2016 facilities maintenance budget line for this work. The Zurich Arena has a discretionary contingency reserve that is currently at $11,301.71. It is suggested that the $5,560.48 shortfall for the drainage project could be reallocated from the contingency reserve. This transfer would leave the reserve balance at $5,741.23.

ATTACHMENTS: None

Submitted by: Concurred: Concurred:

Kyle Pratt, CAO Ansberth Willert, Manager of Finance Rob Volland, Manager of Facilities

ADMINISTRATION COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Bruce Grant

MARINA LEASE EXTENSION ______

RECOMMENDATIONS: 1) That Committee of the Whole recommends that the Municipal Council of Bluewater resolves to submit a letter to Fisheries and Oceans Canada, confirming the Municipality’s interest in leasing the Federal portion of the Bayfield Marina for an additional 5 year term. 2) That Committee of the Whole recommends that the Municipal Council of Bluewater resolves to extend the current operating agreement with 2327583 Ontario Inc. for a further 5 year term. 3) That Committee of the Whole recommends that the Municipal Council for Bluewater instruct staff to provide a detailed report by December 2019 on the management and operation of the Bayfield Marina.

BACKGROUND: The Bayfield Marina was operated by the Village of Bayfield for many years and more recently was operated by Bluewater until entering an operating lease agreement in 2012. The Municipal Marina in Bayfield consists of 16 slips for transient use and 31 seasonal slips. In addition to those, Bluewater has a lease agreement with Fisheries and Oceans Canada for 29 more slips. In advance of the 2012 boating season, it was decided to have a third party operate both the Bayfield Marina and the portion that Bluewater leases from Oceans and Fisheries. An operator was selected through the RFP process and a 5 year lease agreement was arranged. The agreement commenced with the season of 2012 and concludes on December 15, 2016. It contains the following clause;

At the request of the Operator, the Municipality may extend or renew the agreement to a date beyond the date stipulated by an additional 5 year term based in its sole discretion.....

The CAO is in receipt of a request from the operator - 2327583 Ontario Inc. for a 5 year extension. The lease agreement for the portion of marina facilities leased by Bluewater from Fisheries and Oceans Canada expires on December 14, 2016. Fisheries and Oceans have advised that a new 5 year lease agreement with the Municipality can be arranged. They require a letter from the Municipality confirming interest in leasing the Marina for another term. Upon receipt of such letter of request, they will create a standard 5 year municipal lease agreement which will contain the same clauses as the current agreement. Municipal records include a Village of Bayfield Marina file from the late 1990’s. During a four year period prior to amalgamation there were several meetings and letters between the Province, Federal officials and the Village of Bayfield. Considerations included the Province divesting of its interest in small craft harbours throughout Ontario that were primarily tourism oriented. Various management models were mentioned including those from Goderich, Kingsville and Kincardine. Harbour operation involves all three levels of government, private operators, property ownership issues and encumbering easements as well as historical detail. On January 5, 2016, the following motion was passed:

Moved by Councillor Roy, seconded by Councillor Irvin that Council review the Marina lease and future of the Bayfield Marina. Carried. If Council wishes to consider the matter in a more formal manner, it will be most efficient to have a detailed report to promote discussions. Based on the current workload and recent staff changeover there is not sufficient time and familiarity on the topic to develop a meaningful report before expiry of the current leases. The recommendation is to create lease arrangements for a further 5 year term. During those five years, a comprehensive report can be prepared with sufficient time in advance of any subsequent lease period to make decisions on the matter and act on those decisions. The recommendation is for staff to provide the report by December 2019 for consideration by Council.

FINANCIAL IMPACT: The annual marina operations are near a break-even amount. The current lease conditions require the Operator to make an annual contribution to the Municipality’s Marina reserve in the amount of $5,000. At December 31, 2015 the Marina reserve had a balance of $60,452.30.

ATTACHMENTS: None

Submitted by: Concurred: Concurred:

Kyle Pratt, CAO Ansberth Willert, Manager of Finance Rob Volland, Manager of Facilities

56 ADMINISTRATION COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Bruce Grant

WATER AGREEMENT BLUEWATER AND CENTRAL HURON ______

RECOMMENDATION:

That the Committee of the Whole recommends that Council for the Municipality of Bluewater approve by-law 84-2016, being a by-law to authorize a Cross-Boundary Service Agreement for water distribution services and authorize the Mayor and CAO to sign the “Cross-Boundary Service Agreement” with Central Huron.

BACKGROUND:

History Several years ago Bluewater embarked on a program to construct a water distribution system in the Village of Bayfield. The final phase of the project included extension of a trunk watermain beneath the Bayfield River to service properties in the area north of the river. This extension to the northerly portion of Bayfield made water supply convenient for certain properties within two areas in Central Huron; those being Jowett’s Grove (including Cedar Drive) and portions of Old River Road.

Owners in the Jowett’s Grove area had been long awaiting installation of the new water distribution system. It would allow decommissioning of a private well that serviced several properties, including two in Central Huron. One of those on Cedar Drive is an occupied residence and the other is a vacant lot.

The occupied property in Central Huron would need continuity of water supply. With the private well going out of service, there were two viable options; the more desirable option of connecting to the new Bluewater distribution system at the property line or the less desirable option of establishing a new private well and pressure system. The owner of the occupied property requested to be connected to the Bluewater water supply. That dwelling was connected to the Bluewater system and has been receiving water for more than a year.

Old River Road was the preferred alignment for installation of a connecting watermain to Bayfield’s Carriage Lane subdivision. Part of Old River Road is in Central Huron. Installation of this link through Central Huron made water supply convenient for five properties in Central Huron abutting the road.

Legislation As stated in the recitals of the agreement, the Municipal Act, grants certain powers of authority to a Municipality, establishes jurisdictional limits and sets out other conditions to address cross-boundary utilities, including mandatory supply. The requirement of mandatory supply sets up the need for the Cross-Boundary agreement.

Sections 9 and 11 of the Municipal Act permit the supply of water and the entering into of a contract for the supply of water; Section 19 of the Municipal Act limits by-laws and resolutions of a municipality to only within its boundaries, except as provided in subsection (2) of this Act. - (2) A municipality may exercise its powers to provide a service in an area in another municipality if the following conditions apply: The other municipality is a lower-tier municipality and the service or thing is provided with the consent of the lower-tier municipality. Section 20 of the Municipal Act authorizes a municipality to enter into an agreement with one or more municipalities to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries;

Section 86 of the Municipal Act states - Despite section 19, a municipality shall supply a building with a water utility if the building lies along a supply line of the municipality for the public utility;

FINANCIAL IMPACT: The agreement allows Bluewater to immediately recover from Central Huron, $13,712.81 + HST toward the Bayfield Water Storage and Distribution Project. It also allows Bluewater to invoice the one customer in Central Huron, currently being serviced by the Bluewater water supply for amounts owing from date of connection (May 22, 2015). The amounts owing include Base Fee, Consumption Cost, and Contribution to Reserves.

ATTACHMENTS: By-law 84-2016 Cross-Boundary Service Agreement

Submitted By: Concurred:

Kyle Pratt, Chief Administrative Officer Jennette Walker, Manager of Public Works 519-236-4351 ext. 226, [email protected]

58 THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER

BY-LAW NUMBER 84-2016

Being a by-law to authorize the Corporation of the Municipality of Bluewater to enter into an Agreement with the Corporation of the Municipality of Central Huron

WHEREAS section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to enter into an agreement with one or more municipalities or local bodies to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries;

AND WHEREAS section 19 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to exercise its powers to provide a service in an area of another municipality, with the consent of the other municipality;

AND WHEREAS Sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, permits the supply of water and the entering into of a contract for the supply of water;

AND WHEREAS both Bluewater and Central Huron are lower tier municipalities within the County of Huron, Province of Ontario;

AND WHEREAS both Bluewater and Central Huron have jurisdiction within their respective municipalities over water distribution;

NOW THEREFORE the Council of the Corporation of the Municipality of Bluewater enacts as follows:

1. That the Mayor and Chief Administrative Officer be authorized to sign the Agreement on behalf of the Municipality;

2. That the Agreement shall be attached to this by-law as “Schedule A to By-law Number 84-2016”;

3. That this by-law shall come into effect on its passing.

Read a first and second time this 2nd day of August, 2016.

Read a third and finally passed this 2nd day of August, 2016.

Tyler Hessel, Mayor

______Charlene Overholt, Clerk

59 -1-

CROSS-BOUNDARY SERVICE AGREEMENT

THIS AGREEMENT made in duplicate this ______day of August, 2016.

BETWEEN:

THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER

(hereinafter called "Bluewater")

THE PARTY OF THE FIRST PART

- and -

THE CORPORATION OF THE MUNICIPALITY OF CENTRAL HURON

(hereinafter called "Central Huron")

THE PARTY OF THE SECOND PART

WHEREAS both Bluewater and Central Huron are lower tier municipalities within the County of Huron, Province of Ontario;

AND WHEREAS both Bluewater and Central Huron have jurisdiction within their respective municipalities over water distribution;

AND WHEREAS section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, authorizes a municipality to enter into an agreement with one or more municipalities or local bodies to jointly provide, for their joint benefit, any matter which all of them have the power to provide within their own boundaries;

AND WHEREAS Sections 9 and 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended, permits the supply of water and the entering into of a contract for the supply of water;

60 -2-

AND WHEREAS Central Huron requires water service to seven (7) properties adjacent to Bluewater’s municipal boundary;

AND WHEREAS Bluewater wishes to supply water service to Central Huron as set out in this Agreement;

AND WHEREAS Central Huron consents to the supply of water service by Bluewater as set out in this Agreement;

AND WHEREAS the Parties hereto wish to set out their respective rights and obligations respecting the joint supply of water services to properties located in Central Huron by Bluewater;

AND WHEREAS the approval of the Joint Board of Management of the Lake Huron Primary Water Supply System (the “Huron Board”) is required for Bluewater to extend this water service into Central Huron;

NOW THEREFORE THIS AGREEMENT WITNESSETH that in consideration of the mutual covenants and agreements contained herein and the sum of TEN DOLLARS ($10.00) paid by each of the Parties hereto to the other Party hereto, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereto covenant and agree as follows:

GENERAL TERMS OF SERVICING

1. Attached hereto as Schedule “A” to this Agreement is a description of properties located within Central Huron which shall be serviced with potable water provided by Bluewater during the term of this Agreement (the “Water Properties”).

2. Attached hereto as Schedule “B” to this Agreement is the description and cost of the Water Services Structures servicing the Water Properties (the “Water Services Structures”). Bluewater shall have discretion and the right to approve the final design, any modifications of the design of the Water Services Structures, as well as in the maintenance, repairs, and replacement of the Water Services Structures, all acting reasonably in accordance with good engineering practices.

3. Except as otherwise provided in this agreement, Bluewater shall supply potable water (“Water Services”) to the Water Properties from water pipelines owned by Bluewater.

4. The Parties agree that the Water Services Structures extended from Bluewater to Central Huron shall be used to supply domestic, residential Water Services to the Water Properties and for no other purpose.

5. The Parties agree that the extension of Water Services to the Water Properties is not an extension of water supply to a water distribution system(s) owned by Central Huron

6. Central Huron consents to Bluewater’s servicing the Water Properties and properties in Bluewater through Central Huron from Bluewater’s water distribution system, and Central Huron has or will take all necessary legislative steps to consent to the works necessary to supply water from Bluewater to the Water Properties.

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7. Central Huron shall not approve any additional development or permit redevelopment to the Water Properties that would result in an increase in the demand for water from Bluewater without first obtaining the prior, written approval of Bluewater and the Huron Board.

8. The provision of Water Services to the Water Properties shall not be construed to mean that either Bluewater and/or Central Huron will support and/or provide Water Services or other municipal services to any other lands.

9. The Parties agree that the extension of Water Services to the Water Properties does not relieve the Parties from seeking approval from the Huron Board if Central Huron wishes to be supplied from the Lake Huron Primary Water Supply System, in whole or in part, via Bluewater.

10. The Water Services Structures, installed to the property line and including the water meter, shall remain in the ownership of Bluewater and all maintenance, repairs, and replacement of the Water Services Structures, including meters and meter reading shall be carried out by Bluewater or its agents, to a standard generally equivalent to similar structures elsewhere in Bluewater’s water distribution system, to Bluewater’s sole satisfaction.

11. Central Huron will take all actions reasonably required to facilitate Bluewater’s access to construct, maintain, repair and replace the Water Services Structures, watermain, and related works and to read meters and ensure efficient operations. Central Huron grants to Bluewater the irrevocable right in the nature of an easement to enter on, over and under its lands for this purpose and Central Huron agrees to keep its lands free and clear of any obstruction that may impede Bluewater. No fee shall be imposed by Central Huron on Bluewater for the use of a public road or right of way for the construction, maintenance, repair and replacement of the Water Services Structures watermain, and related works and activities. Should Bluewater damage lands of Central Huron during the course of the construction, maintenance, repair, and replacement of Water Services Structures, then Bluewater shall take such reasonable steps as may be required to repair such damage.

12. The Parties agree that all Water Properties will have an installed water meter supplied by Bluewater.

13. The Parties agree that existing wells or other sources of drinking water on the Water Properties are disconnected and/or decommissioned, as appropriate, to eliminate any cross- connection with the Bluewater water distribution system.

14. The Parties agree that the Water Services Structures shall be designed to prevent the backflow of non-potable or contaminated water into the Bluewater water system.

15. Bluewater shall not be required to supply Water Services to the Water Properties in the event that the water supply for the ratepayers of Bluewater has failed and is not available. In such an event, and once water supply for the ratepayers of Bluewater is restored, Bluewater will make reasonable efforts to return the supply of Water Services to the Water Properties as soon as possible, and to the extent reasonably possible, in the same general manner and time frame as the ratepayers in Bluewater.

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16. Central Huron acknowledges Bluewater's right to ensure that the Water Services customers in Central Huron abide by the various rules and regulations applied by Bluewater to water services customers within Bluewater. Without limiting the generality of the foregoing, this includes the requirement that no person shall operate the Bluewater municipal water shut off (curb stop) other than the water operator designated by Bluewater.

FINANCIAL

17. The Parties agree that the current rates and charges for Water Services in Bluewater are set out in the attached Schedule “C”. The Water Services rates and charges for the Water Properties shall be 125% of the water service rates and charges paid by similar users of the Bluewater Distribution System within the boundaries of Bluewater. It is agreed that the 25% premium rate being charged to the Water Properties is because no capital cost has been paid by the Water Properties for the Bayfield water tower and Bluewater Distribution System capital works project. Bluewater shall have the authority to amend the water service rates and charges from time to time, without notice and at its sole discretion, provided that the rates and charges for users in the Water Properties shall not exceed 125% of the rates and charges paid by similar users within the boundaries of Bluewater. Rates and charges for Water Services shall commence for a Water Property immediately upon connection of that Water Property to the Bluewater water distribution system. Bluewater shall attempt to notify Central Huron as Water Properties connect to the system.

18. Bluewater shall collect from the owners and/or tenants of the Water Properties their proportionate share of the Water Service rates and charges. Any delay in payment shall result in penalty charges and interest accruing consistent with Bluewater’s standard practice for overdue utility accounts.

For accounts in arrears more than 6 months Bluewater shall invoice Central Huron. Central Huron shall pay to Bluewater, within (30) days of receipt of an invoice from Bluewater, the full amount of the outstanding Water Service rates and charges owing for the applicable period regardless of whether or not Central Huron is able to collect the proportionate share from the end-user.

19. The cost to install the Water Services Structures shall be based on the actual cost incurred by Bluewater to install the service to the Water Properties. These costs are $13,712.81 + HST as set out in Schedule “B” to this agreement. Central Huron will pay these costs to Bluewater within THIRTY (30) days of receipt of an invoice from Bluewater.

20. Central Huron shall provide a minimum of 12 months written notice to Bluewater of any intent to put in place an alternative or supplementary water supply for the area to be serviced. Central Huron will be responsible for any costs to modify the works to accommodate the alternative or supplementary supply.

21. Where it is necessary, as decided by Bluewater and Central Huron, that future upgrading of the Works is required and that a frontage or similar charge be levied to pay all, or part of the costs; Central Huron shall prepare the necessary bylaws, collect the charges, and make application for grants or subsidies. Any funds collected shall be paid to Bluewater or in some manner credited towards the upgrading project.

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CONDITIONAL ON ADDITIONAL APPROVALS

22. This Agreement is conditional upon receipt and continuance of all necessary approvals and permissions including but not limited to such approvals and permissions of:

(a) The Huron Board, such approval is attached as Schedule “D” to this Agreement;

(b) The Ministry of Transportation, such approval is attached as Schedule “E”’ to this Agreement;

GENERAL PROVISIONS

23. All disputes relating to this Agreement shall be resolved by arbitration in accordance with the following procedure:

(a) The Party wishing to commence the arbitration process shall give written notice to the other party advising that it is exercising its right to submit the issue in dispute to arbitration by a single arbitrator (the “Arbitrator”) and provide the names of three (3) potential Arbitrators who are acceptable to it;

(b) Within ten (10) days of receipt by the other Party of the notice referenced above, the Parties shall agree upon an Arbitrator, either one named in such arbitration notice or otherwise, failing which either party may seek the appointment of an Arbitrator by a judge of the Superior Court of Justice (Ontario);

(c) The arbitration shall be conducted in accordance with the provisions of the Arbitration Act, 1991 or its successor legislation as the case may be; and

(d) The Arbitrator’s award shall be in writing, shall state the reasons for the award, may include an award of costs (including reasonable legal fees and disbursements and fees and expenses of the Arbitrator) and shall be binding on the parties.

24. Any written notice or account under this Agreement shall be deemed properly given if either mailed or delivered electronically to the Parties at the addresses as follows:

(a) To Bluewater: Clerk, Municipality of Bluewater Box 250, 14 Mill Ave, Zurich, ON N0M 2T0

(b) To Central Huron: Clerk, Municipality of Central Huron 23 Albert St. Clinton, ON N0M 1L0

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25. This Agreement shall be construed and enforced in accordance with, and the rights of the Parties shall be governed by, the laws of the Province of Ontario and the laws of Canada.

26. This Agreement may be executed in counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute one and the same instrument and shall be effective as of the formal date hereof. This Agreement may also be executed by facsimile or pdf, and any signature contained hereon by facsimile or pdf shall be deemed to be equivalent to an original signature for all purposes. Any party delivering this Agreement by facsimile or pdf shall forthwith deliver originally executed copies to the other party hereto.

27. Central Huron shall indemnify and hold harmless Bluewater from and against any and all actions, causes of action, suits, claims, demands and costs of any nature or kind whatsoever arising under or in any way related to this Agreement or the Water Services, unless such costs are due solely to the negligence of Bluewater.

28. In the event of an occurrence of an unauthorized connection or alteration to the Water Services Structures, or the extension of Water Services to any property not set out in Schedule “A” to this Agreement, Bluewater shall have the authority to immediately terminate the provision of Water Services to the Water Properties.

29. The invalidity of any particular provision of this Agreement shall not affect any other provision thereof, but the Agreement shall be construed as if such invalid provision were omitted.

30. The failure of either Party at any time to require performance by the other Party of any provision hereof shall in no way affect their right thereafter to enforce such provision. Nor shall the waiver by either Party of any breach of any covenant, condition or proviso hereof be taken or held to be a waiver of any further breach of the same covenant, condition or proviso.

31. All Parties hereto agree to do everything necessary to ensure that the terms of this Agreement take effect.

32. If at any time during the continuance of this Agreement the parties hereto shall deem it necessary or expedient to make any alteration or addition to this Agreement they may do so by means of a written agreement between them which shall be supplemental hereto and form part hereof.

33. It is agreed that this written instrument embodies the entire agreement of the parties hereto with regard to the matters dealt with herein, and that no understandings or agreements, verbal or otherwise, exist between the parties except as herein expressly set out.

34. This Agreement shall ensure to the benefit of and be binding on the respective heirs, executors, administrators and assigns of each of the parties hereto.

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35. This Agreement shall remain in effect, unless modified by a subsequent written agreement, for FIVE (5) years from the date of signing subject to the terms hereof, and unless either Party provides notice in writing to the contrary at least TWELVE (12) months in advance of the first or any subsequent termination date, the agreement will automatically be renewed for successive periods of FIVE (5) years.

IN WITNESS WHEREOF the parties hereto have hereunto set their hands and seals as of the day and year first above written.

THE CORPORATION OF MUNICIPALITY OF BLUEWATER

______Tyler Hessel, Mayor

______Kyle Pratt, CAO Deputy Clerk

We have authority to bind the Corporation.

THE CORPORATION OF THE MUNICIPALITY OF CENTRAL HURON

______Jim Ginn, Mayor

______Brenda MacIssac, Clerk

We have authority to bind the Corporation.

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Schedule “A”: Water Properties

Roll Address P.I.N. Legal Description Owner Number 4030 240 026 20 Cedar 41198- Lt 9 PL 555 Goderich Edward T.N. Larkin 04300 0000 Drive 0011(LT) T.W R344217; Central Katherine G. Huron Thornley-Hall

4030 240 026 34602 Jowett 41198- Lt 8A PL 555 Goderich Mary G. Pellarin 04400 0000 Drive 0012(LT) T/W R259037; Central Huron 4030 240 024 34946 Old 41451- Lots 33 to 40, 43-54, Duncan S. Boynton 00900 0000 River Road 0019(LT) 97, 98, Block A, Block K Plan 541 Goderich Patricia L. Boynton confirmed by 22BA2275; Municipality of Central Huron 4030 240 024 34976 Old 41451- Lots 31, 32, 41, 42, 99, Patricia A. Harmon 00915 0000 River Road 0018(LT) 100 Plan 541 Goderich Confirmed by 22BA2275; Municipality of Central Huron 4030 240 024 34830A Old 41451- Pt Lt 3 Con BYFD Ryan T.L. Brady 00600 0000 River Road 0008(LT) Goderich Pt 1, 22R5040; T/W R343277; T.S Life Interest in R248860; Central Huron 4030 240 024 34830B Old 41451- Blk I PL 541 Goderich; Nancy A. Kaptein 00700 0000 River Road 0009(LT) Pt. Lt. 3 Con BYFD Goderich as in Conrad R. Kaptein R324627 Except Pt. 1, 22R5040; S/T R343275; Goderich 4030 240 024 34829 Old 41451- Pt Lt 3 Con BYFD Mary Isabelle 00601 0000 River Road 006(LT) Goderich Confirmed by Tyrrell 22BA2275 as in R186162; S/T Spousal interest in R186161; Municipality of Central Huron

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Schedule “B”: Water Services Structures

The Water Services Structures include the installation of 25 mm diameter water service piping, mainstop, curbstop, and saddle, the description and cost of which is summarized as follows:

Address P.I.N. Legal Owner Cost of water Mainstop, Total Description service Curbstop, Cost piping (based and on length) Saddle 20 Cedar 41198- Lt 9 PL 555 Edward T.N. $1,509.96 $649.29 $2,159.25 Drive 0011(LT) Goderich T.W Larkin R344217; Katherine G. Central Huron Thornley-Hall 34602 41198- Lt 8A PL 555 Mary G. $1,028.77 $649.29 $1,678.06 Jowett 0012(LT) Goderich T/W Pellarin Drive R259037; Central Huron 34946 41451- Lots 33 to 40, Duncan S. $1,078.55 $649.29 $1,727.84 Old 0019(LT) 43-54, 97, 98, Boynton River Block A, Block Road K Plan 541 Patricia L. Goderich Boynton confirmed by 22BA2275; Municipality of Central Huron 34976 41451- Lots 31, 32, 41, Patricia A. $1,460.36 $649.29 $2,109.47 Old 0018(LT) 42, 99, 100 Harmon River Plan 541 Road Goderich Confirmed by 22BA2275; Municipality of Central Huron 34830A 41451- Pt Lt 3 Con Ryan T.L. $1,808.64 $649.29 $2,457.93 Old 0008(LT) BYFD Brady River Goderich Pt 1, Road 22R5040; T/W R343277; T.S Life Interest in R248860; Central Huron

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34830B 41451- Blk I PL 541 Nancy A. $1,045.36 $649.29 $1,694.65 Old 0009(LT) Goderich; Pt. Kaptein River Lt. 3 Con Road BYFD Conrad R. Goderich as in Kaptein R324627 Except Pt. 1, 22R5040; S/T R343275; Goderich 34829 41451- Pt Lt 3 Con Mary Isabelle $1,236.33 $649.29 $1,885.62 Old 006(LT) BYFD Tyrrell River Goderich Road Confirmed by 22BA2275 as in R186162; S/T Spousal interest in R186161; Municipality of Central Huron

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Schedule “C”: Water Services rates

(1) While subject to change by Bluewater, currently, all properties in the Bluewater Distribution System are charged amounts for water supply as set out in the Water and Wastewater Rates and Charges By-law No. 49-2016.

(2) For convenience and explanatory purposes only, the charges payable include the charges summarized as follows:

(a) A Base Fee for each Serviced Water Connection, at a fixed rate cost as set out in the table below;

(b) A Consumption Charge for all water consumed for each respective customer on a cubic metre (m3) basis as indicated in the table below;

(c) A Bluewater Reserve Contribution for each Serviced Water Connection, at a fixed rate cost at the rates indicated in the table below;

Water System Base Fee Consumption Bluewater Charge Reserve Contribution Bluewater Distribution $255.00 per year $0.60 per m3 $104.00 per year System

(3) For example, purposes only, the water service charges in respect of each of the Water Properties based on current rates shall be the sum of:

(a) Base Fee of $318.75, being $255.00 per year x 125%;

(b) Consumption Charge of $0.75 per m3, being $0.60 per m3 x 125%;

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Schedule “D”: Huron Board Approval

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Schedule “E”: Ministry of Transportation Approval

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Schedule “F”: Ministry of the Environment and Climate Change Approval

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81 ADMINISTRATION COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Kyle Pratt

VIOLENCE AND HARASSMENT POLICY AND PROCEDURE ______

RECOMMENDATION: That the Committee of the Whole recommends that Council approve the revised Violence and Harassment Policy, Procedure and Training Program.

BACKGROUND:

On June 15, 2010 all workplaces in Ontario that have more than 5 employees were required to develop policies, a program and train employees in compliance with Ontario Bill 168 – Violence and Harassment in the Workplace. The Municipality of Bluewater approved a Violence and Harassment Policy and Program effective June 7, 2010 (attached). Moved by Councillor Deichert, seconded by Councillor Wise that Council approve the Workplace Harassment and Violence Policy and Program effective June 7, 2010. Carried. Bill 168 imposed new obligations on employers to protect workers against violence and harassment in the workplace. The Bill required employers to:

 Adopt policies on workplace violence and harassment;  Conduct workplace violence risk assessments;  Adopt programs to implement the policies and minimize/neutralize workplace violence risks identified through workplace assessments; and  Define a process for reporting, investigating and addressing incidents of or the potential for incidents of workplace violence and harassment. After reviewing the Municipality of Bluewater’s Workplace Harassment and Violence Policy, Prevention Program and Corporate records, it appears that the Municipality is not meeting all of its obligations. Specifically, there are no records available that indicate that workplace violence risk assessments were conducted, employees are unable to locate the reporting form referenced in the policy, and no training record system is known, with new employees not receiving orientation and training on the Municipality’s Violence and Harassment Policy and Program. What is more, the policy applies to consultants, contractors and visitors without no known form of bringing the policy to their attention, such as pamphlets and posters, which the Program refers to. In addition to updating the Municipality of Bluewater’s Workplace Harassment and Violence Policy and Prevention Program to meet Bill 168 requirements, the policy also needs to be updated to incorporate new laws regarding Workplace Harassment. On September 8, 2016, new rules will come into effect in Ontario governing workplace harassment under the Occupational Health and Safety Act with the passing of Bill 132: Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016. Bill 132 provides:

 an expanded definition of workplace harassment, to include workplace sexual violence and harassment  defining what is not workplace harassment  new investigation requirements - how incidents of workplace harassment will be investigated and dealt with  measures and procedures for workers to report incidents of workplace harassment to a person other than the employer or supervisor, if the employer or supervisor is the alleged harasser

82  new obligations regarding workplace violence and harassment practices and procedures  the employer to develop and maintain a written program to implement the workplace harassment policy in consultation with any health and safety committee or representative  advising the complainant of corrective action imposed  broadened powers for Ministry of Labour inspectors

Given the outstanding obligations and the new requirements associated with Bill 132, staff have revised the Municipality’s Workplace Harassment and Violence Policy and Program (attached). What is more, and to meet one of the new obligations, the revised Policy and Program was placed on the July 27, 2016 Joint Health and Safety Committee Agenda for review and comment. The revised policy was well received and the following motion was passed: Moved by K. Renning, seconded by J. Pickering that the Joint Health and Safety Committee endorses the Workplace Violence and Harassment Prevention Policy and Program and recommends Council approval. Carried. In addition to a revised Policy and Program, staff have also created a Workplace Violence and/or Harassment Reporting Form, as well as pamphlets and posters to be displayed at municipal facilities (attached). What is more, staff are in the process of developing risk assessment templates, so that risk assessments can be carried out at each municipal workplace/facility. Once the proposed Violence and Harassment Policy and Program is approved by Council, a training program will be finalized and delivered to staff and Council. This training program will be included in orientation programs. Lastly, a third party will be hired to train designated individuals on how to conduct a proper investigation. The cost of this training varies from firm to firm. Initial quotes range from $1000 to $5,000 per training session. FINANCIAL IMPACT: There will be a direct cost for the investigation training in the range of $1,000 to $3,000. There is sufficient room in the 2016 Budget line item 6370 – Staff Education and Training and/or line item # 6404 – Professional/Engineering Fees. There will be employee time allocated to Training Sessions, which is expected to be part of their regular hours.

ATTACHMENTS: Workplace Violence and Harassment Prevention Policy – Proposed Workplace Violence and Harassment Prevention Program – Proposed Workplace Violence and/or Harassment Reporting Form Workplace Violence and Harassment Awareness Poster Workplace Violence and Harassment Awareness Pamphlet Workplace Violence and Harassment Prevention Policy – Current Workplace Violence and Harassment Prevention Program – Current

Submitted By: Concurred: Concurred:

Kyle Pratt, Chief Administrative Officer Ansberth Willert Jennette Walker 519-236-4351 ext. 226, [email protected] Manager of Finance Manager of Public Works

Concurred: Concurred:

Rob Volland Charlene Overholt Manager of Facilities Manager of Corporate Services/Clerk

Municipality of Bluewater

Employee Policy and Procedures Manual

SECTION II EMPLOYMENT CONDITIONS AND CONDUCT

POLICY WORKPLACE VIOLENCE AND HARASSMENT PREVENTION POLICY

APPROVAL/EFFECTIVE DATE AUGUST 8, 2016

PURPOSE

The Municipality of Bluewater is committed to providing a safe work environment and, to that end, is committed to maintaining a work environment whereby individuals are free from acts of violence and harassment.

SCOPE AND APPLICABILITY

This policy applies to all persons interacting with or on behalf of the Municipality including, without limitation, employees, consultants, contractors, volunteers and visitors.

POLICY

1.0 Definitions For the purposes of this policy:

“Workplace Violence” means:

a) the exercise of physical force by a person against an employee, in a workplace, that causes or could cause physical injury to the employee; b) an attempt to exercise physical force against an employee, in a workplace, that could cause physical injury to the employee; or c) a statement or behaviour that is reasonable for an employee to interpret as a threat to exercise physical force against the employee, in a workplace, that could cause physical injury to the employee.

“Workplace Harassment” means:

a) engaging in a course of vexatious comment or conduct against a worker in a workplace that is known or ought reasonably to be known as unwelcome, or; b) workplace sexual harassment.

“Workplace Sexual Harassment” means:

a) engaging in a course of vexatious comment or conduct against a worker in a workplace because of sex, sexual orientation, gender identity or gender expression, where the course of comment or conduct is known or ought reasonably to be known to be unwelcome, or

84 b) making a sexual solicitation or advance where the person making the solicitation or advance is in a position to confer, grant or deny a benefit or advancement to the worker and the person knows or ought reasonably to know that the solicitation or advance is unwelcome.

“Workplace” means any land, premises, location, vehicles or thing at, upon, in or near which the employee works.

1.1 Examples of “Workplace Violence” and “Workplace Harassment”

Examples of workplace violence include but are not limited to:

a) physical acts (e.g. fighting, hitting, shoving, pushing); b) physical threatening behaviour (e.g. shaking fists, throwing objects, destroying property/vandalism); c) verbal threats; d) stalking; and e) any other action or disruptive behaviour which is interpreted to carry the potential to physically harm or endanger the safety of another

Examples of workplace harassment include but are not limited to:

a) teasing and belittling; b) bullying; and c) sexual comments, jokes, innuendoes.

1.2 What is not Workplace Harassment

A reasonable action taken by an employer or supervisor relating to the management and direction of workers or the workplace is not workplace harassment.

1.3 Examples of Reasonable Action

Examples of reasonable action include:

a) legitimate performance management; b) valid requests for medical information to support absences from work; c) warranted discipline; d) legitimate enforcement of workplace rules and policies; e) changes to work and work assignments done for a valid purpose (non-discriminatory); and f) normal interpersonal conflict/disagreements

2.0 Violence and Harassment Free Environment

Violence and harassment are strictly prohibited in the workplace.

Persons interacting with or on behalf of the Municipality including, without limitation, employees, consultants, contractors, volunteers and visitors shall not engage in any act of violence or harassment in the workplace.

Persons interacting with or on behalf of the Municipality including, without limitation, employees, consultants, contractors, volunteers and visitors are expected to treat one another with respect and dignity, and are responsible for working together in a professional manner and resolving issues without resolving to 2

85 violence and/or harassment. Employees, consultants, contractors, volunteers and visitors are to bring issues to their supervisor or manager, if they cannot be mutually resolved.

3.0 Reporting Incidents of Violence and Harassment

3.1 Violence and Harassment

It is important for employees, consultants, contractors, volunteers and visitors to understand that each share in the responsibility of promoting a safe and healthy work environment. As such, all employees, consultants, contractors, volunteers, and visitors have a vested interest in reporting violence and harassment.

3.2 Violence including Domestic Violence

Employees, consultants, contractors, volunteers and visitors are responsible for helping to create an environment that is free from violence. In addition to refraining from any acts of violence:

a) If you see, learn or have reason to suspect that another has or will commit an act of violence; or b) If you have reason to believe or suspect that domestic violence could reasonably expose an employee, including the target of domestic violence, to violence in the workplace;

immediately report the matter to your supervisor/manager/director or, if inappropriate in the circumstances to do so, the Chief Administrative Officer for intervention and investigation.

3.3 How to Report Violence or Harassment

Employees, consultants, contractors, volunteers and visitors who wish to report any incident(s) of violence or harassment may do so by contacting their supervisor or manager either verbally or in writing or, if inappropriate in the circumstances to do so, the Chief Administrative Officer. If it is inappropriate in the circumstances to report violence and harassment to the Chief Administrative Officer, reports should be filed with the Mayor and/or Deputy Mayor, and if inappropriate in the circumstances a Member of Council. The member of Council is to consult with the Mayor and/or Deputy Mayor and bring the issue to Council. In all circumstances, an employee is able to directly report concerns to the Ontario Human Rights Commission.

Written reports may be made using the Workplace Violence or Harassment Reporting Form.

The Municipality will not disclose the name of a complainant/witness or any circumstances about a complaint to anyone, except where necessary to intervene or investigate in a matter, take disciplinary/corrective action or where required by law.

Employees, consultants, contractors, volunteers and visitors who, acting in good faith, report or provide evidence in an investigation of violence or harassment shall be free from any form of reprisal/retaliation for doing so.

Employees, consultants, contractors, volunteers and visitors shall also take steps to protect their personal safety by removing themselves from a violent or potentially violent situation.

This Policy is not intended to discourage or prevent a complainant from exercising any other legal rights under local law.

86 4.0 Investigation

Management and/or the Chief Administrative Officer will investigate incidents of actual or alleged/potential violence and harassment. Depending on the circumstances, a formal workplace investigation will be conducted by Management and/or the Chief Administrative Officer and/or external investigators appointed by the Municipality.

Much like any other workplace accident, if an injury or illness is suffered as a result of an act of violence or harassment, the matter shall be reported to and jointly investigated by the Joint Health and Safety Committee.

The results of an investigation and any report created in the course of or for the purpose of the investigation, is not a report respecting occupational health and safety and does not have to be provided to the occupational health and safety committee.

4.1 Investigation Process

The investigator(s) will:

1. Meet with the complainant to: (i) give the complainant an opportunity to present her/his complaint, including reviewing a copy of any written document(s) that may have been submitted by the complainant; (ii) obtain a written statement signed by the complainant providing the particulars of the complaint; (iii) prepare a written outline of the complaint that will be provided to the respondent, including the substance and particulars of the allegations, and provide the complainant with an opportunity to review the outline; (iv) direct the complainant not to discuss details of the complaint with anyone other than members of her/his immediate family, his/her representatives (if applicable) or professional advisors.

2. Meet with the respondent to: (i) provide the respondent with a copy of the written outline of the complaint, including the substance and particulars of the allegations; (ii) give the respondent an opportunity to respond to the allegations and any further inquiries the investigator may have; (iii) obtain a written statement signed by the respondent responding to the allegations; (iv) remind the respondent of the no reprisals provisions contained in the policy; (v) direct the respondent not to discuss the complaint with anyone other than members of her/his immediate family, her/his representatives (if applicable) or professional advisors.

3. In the event of a corporate initiated investigation, meet with applicable representative(s) of the municipality and any other applicable individuals to: (i) obtain particulars with respect to the potential breach(es) of the applicable policy(ies) to be investigated; (ii) prepare a written outline of the substance and particulars of the allegations to be provided to the respondent(s) where applicable.

4. In the event the respondent denies the allegations that form the substance of the complaint: 4

87 (i) contact other individuals, if any, who may be able to provide information relevant to the investigation; (ii) interview those individuals; (iii) if an individual witness’s information is relevant to the investigation, prepare a written statement from the witness and provide the witness with an opportunity to review and sign the statement; (iv) direct those individual witnesses not to disclose or discuss any aspect of the complaint or investigation with anyone.

5. Keep a written record of all discussions with the complainant, the respondent and all witnesses.

6. Collect and review any relevant documentation and other evidence.

7. Prepare an investigation report setting out the investigation process, his/her findings with respect to the allegations and, if requested by the Municipality, make recommendations related to corrective and/or disciplinary action where a positive finding has been made.

8. Present the report to the Chief Administrative Officer or other representative(s) as applicable.

The municipality, in its sole discretion, may permit a complainant and/or respondent, if he/she so desires, to be accompanied by another employee who is his/her representative to an investigation meeting. This discretion will be exercised in accordance with any applicable policies, procedures or agreements.

The steps in the investigation process detailed above may be reordered as appropriate in light of the nature and circumstances of the matter being investigated and as determined by the investigator.

4.2 Communication of Findings

Where an investigation is initiated by an individual complainant, the Municipality will provide the complainant and the respondent with a summary, in writing, of the findings relating to their complaint(s)/or alleged conduct as applicable. This summary is to include the results of the investigation and any corrective action that has been taken or that will be taken as a result of the investigation.

4.3 Confidentiality

The administration of this Investigation Process will also be in accordance with the Municipal Freedom of Information and Protection of Privacy Act. All investigations conducted under this Policy will be considered strictly confidential subject to the municipality’s obligation to conduct a thorough investigation and take appropriate corrective or disciplinary action.

The parties to the complaint and any witnesses are expected to maintain confidentiality. Unwarranted breaches of confidentiality will result in corrective and/or disciplinary action.

4.4 No Retaliation or Reprisal

Retaliation/reprisal will not be tolerated. Mistreatment of an individual for: (a) submitting a complaint under any policy (on behalf of him/herself or another individual); or (b) participating or cooperating in an investigation under any policy; or

88 (c) associating with a person who has invoked a policy or participated in those procedures; will be treated as a violation of this policy and will be dealt with accordingly. In such a case the offender may be subject to corrective and/or disciplinary action.

5.0 Collaboration

In keeping with the notion that workplace safety is everyone’s responsibility, management and non- management employees shall collaborate and communicate at all times on any other means and/or suggestions for the reduction, prevention and elimination of violence, risk of violence and harassment.

6.0 Consequences Remedial/Disciplinary Action

Violence and harassment in the workplace are serious issues and will not be tolerated.

Any individual found to have perpetrated or threatened violence or engaged in harassment is, without limitation, subject to remedial, disciplinary and/or legal action (e.g. involving local police) up to and including, in the case of employees, consultants and contractors, dismissal for cause/discharge for just cause, and expulsion from Municipal property.

7.0 Communications and Training

This Policy shall be posted in each workplace in a conspicuous location where it is most likely to come to the attention of employees, consultants, contractors, volunteers and visitors.

Each Municipal employee shall be oriented on this Policy and be provided a copy. New employees shall be advised of this Policy upon hire during their new employee orientation.

The Municipality shall offer its employees training relevant to this Policy and its associated programs from time to time and employees shall attend training sessions.

8.0 Policy Revisions

Management, in consultation with the Joint Health and Safety Committee or a health and safety representative, if any, shall review and maintain this Policy as often as necessary but not less than at least annually.

9.0 Questions

Any questions regarding this policy should be addressed to the Chief Administrative Officer.

Municipality of Bluewater

Employee Policy and Procedures Manual

SECTION II EMPLOYMENT CONDITIONS AND CONDUCT

POLICY WORKPLACE VIOLENCE AND HARASSMENT PREVENTION PROGRAM

APPROVAL/EFFECTIVE DATE August 8, 2016

PURPOSE

This Program sets out the requirements for implementing the Workplace Violence and Harassment Prevention Policy, hereinafter referred to as the “Policy”, and, without limitation, identifying, investigating and preventing incidents of Workplace Violence and Workplace Harassment.

WORKPLACE VIOLENCE PREVENTION PROGRAM

The Municipality is committed to maintaining a safe and healthy workplace. To this end, the Municipality shall implement a program to assess the risks of violence in the workplace and report those risks to the workplace’s Joint Occupational Health and Safety Committee or where no such committee is established, to affected employees.

Everyone has a vested interest in maintaining a safe and healthy workplace free from violence. The following summarizes each stakeholder’s roles and responsibilities with respect to workplace violence as defined in the Policy.

1.0 Risk Assessments

Manager(s) and/or designate(s), with the assistance of the Chief Administrative Officer shall assess, as the need arises and at least annually, the risk of violence that may arise in each municipal facility and/or workplace. The assessment shall take into account the nature, type of work and conditions of work. Management shall report its findings to the workplace’s Joint Occupational Health and Safety Committee (JHSC) and the Chief Administrative Officer.

The facility and/or workplace risk assessment shall be posted, along with communications, on the Occupational Health and Safety Board.

Joint Occupational Health and Safety Committees and, where applicable, Health and Safety Representatives, shall review the findings of the facility/workplace Risk Assessment(s) and make further recommendations, if applicable, to reduce and/or eliminate violence. Recommendations are to be communicated in writing, to the Manager and Chief Administrative Officer, in accordance with the Workplace Violence and Harassment Prevention Program and the Joint Health and Safety Committee.

90 Management and employees each share a role in being vigilant against violence or possible incidents of violence in the workplace. All are urged to report to Management and/or the Chief Administrative Officer any situation or occurrences which can lead to or result in violence, including domestic violence, in the workplace.

Written reports of violence or potential for violence can be prepared using the Workplace Violence and/or Harassment Report Form.

Note: Where an incident of violence and/or harassment results in injury or illness, the Municipality’s accident/incident reporting procedures must be followed.

2.0 Violent Individuals and Domestic Violence

Management, if made aware of any individual with a history of violent behaviour who may pose a threat of violence, shall advise all employees who can be expected to encounter that person in the course of their employment and who are at risk of physical injury of: (a) the identity of the person and (b) the precautions to eliminate and/or reduce the risk of injury.

Management, if becomes aware of, or has reasonable grounds to believe, that domestic violence could reasonably expose any employee to physical injury in the workplace, is to report the matter to the Chief Administrative Officer immediately and take all necessary precautions in the circumstances in the interim.

3.0 Communications

Management shall:

a) Understand and uphold the principles of the Policy and this Program; b) Orient employees and provide information and instruction that is appropriate for the worker on the contents of the Policy and Program; c) Take into account violence and/or risks thereof in completing Risk Assessment forms and report such risks, if any, on Risk Assessment forms and communicate risks, if any, to the affected employee(s); and d) Document and communicate all incidents of violence to the Chief Administrative Officer.

4.0 Violence Prevention Measures

Management, if and where risks of Violence are identified, shall:

a) Inform, in writing, the Joint Occupational Health and Safety Committee and all affected employees of the risks and measures to be taken to protect affected employees against such risk; b) Consult with the Joint Occupational Health and Safety Committee and the Chief Administrative Officer as to the risks and measures to be taken to protect employees against such risk;

91 c) Devise a risk reduction/elimination plan/procedures for the affected workplace and/or facility, which plans and/or procedures shall include measures and procedures for summoning immediate assistance if and when workplace violence occurs; d) Communicate the risk reduction/elimination plan and procedures to affected employees, and train such employees on the plan and procedures by providing information and instruction that is appropriate for the worker; and e) Review the plan and/or procedures as often as is necessary but no less than once annually.

WORKPLACE HARASSMENT PROGRAM

The Municipality is committed to maintaining a safe, healthy and harassment-free workplace.

Management shall:

a) Understand and Uphold the principles of the Policy regarding harassment; b) Orient employees and provide information and instruction that is appropriate for the worker on the contents of the Policy and Program; c) Devise a training program for all Municipal employees on the Policy regarding harassment in the workplace; and d) Document and communicate all incidents of harassment to the Chief Administrative Officer.

VIOLENCE AND HARASSMENT INCIDENT INVESTIGATIONS

Management shall:

a) Inform employees of the means available to report or complain about incidents of violence and harassment; b) Receive from employees all reports and/or complaints of violence and/or harassment submitted directly to them and immediately report same to the Chief Administrative Officer and/or designate, in writing; and c) Ensure that all incidents of violence and/or harassment are promptly investigated and documented in accordance with the Policy.

The Chief Administrative Officer shall maintain records of violence and harassment.

POSTINGS

Management shall ensure the Policy and any associated materials such as pamphlets and posters, if any, are to be posted in their workplace(s) in a conspicuous location where they are most likely to come to the attention of employees, consultants, contractors, volunteers and visitors.

POLICY REVIEW

Management, in consultation with the Joint Health and Safety Committee or a health and safety representative, if any, shall review and maintain the Policy and this Program (and any associated materials, plans and procedures) as the need arises but not less than once annually.

RECORD KEEPING

The Chief Administrative Officer shall maintain records of any and all reports of harassment, violence and of investigations and resolutions to those reports.

92 QUESTIONS

Any questions regarding the Policy and Program should be addressed to the Chief Administrative Officer.

93 Municipality of Bluewater Workplace Violence and/or Harassment Reporting Form

IMPORTANT: Give this form to your Supervisor/Manager or Chief Administrative Officer immediately upon completion.

EMPLOYEE INFORMATION

Employee Name:______Job Title:______

Date and Time of Incident:______Department:______

Location of Incident:______

Type of Assault:______

Medical Attention/First Aid Obtained? ⁭Yes ⁭ No WSIB Forms Completed? ⁭Yes ⁭No

Investigation Conducted? ⁭Yes ⁭No Police Called? ⁭Yes ⁭No

Action(s) Taken:______

______

ASSAILANT INFORMAION ⁭Customer ⁭Co-Worker ⁭Delivery Person ⁭Student ⁭ Visitor ⁭Volunteer

⁭ Member of the General Public ⁭ Supervisor/Manager ⁭Other – Please Specify:

Description (to the best of your ability) ⁭ Male ⁭ Female

Age:______Complexion:______Height:______Weight:______

Name (if known):______

INCIDENT AND INJURY INFORMATION Explain what happened:

OTHER INFORMATION Was the assailant involved in any previous violent incidents with staff? ⁭ Yes ⁭ No Are there any measures in place to prevent a similar incident? ⁭Yes ⁭ No Please provide any other information you think is relevant:

Date & Time Reported:______Signed:______

IMPORTANT: Supervisor/Manager to send copy of this form to Chief Administrative Officer.

Preventing Workplace Violence & Harassment

The Municipality of Bluewater is committed to providing a safe work environment that is free from violence and harassment. The Municipality’s Workplace Violence and Harassment Prevention Policy and Program, applies to all employees, consultants, contractors, volunteers and visitors.

Everyone has a role in creating and maintaining a safe environment:  Treat everyone with respect and dignity;  Resolve conflicts without violence;  Take disputes to management for resolution;  Remove yourself from violent or potentially violent situations in the workplace.

It is everyone’s responsibility to prevent violence. Report the following situations:  When you see or hear acts of workplace violence;  When you believe that someone will or could be violent;  If you believe an employee could be targeted for violence at the work because of a domestic situation.

Immediately report these situations to:  Supervisor/Manager 14 Mill Avenue, Box 250  Chief Administrative Officer Zurich, ON N0M 2T0 Phone:519.236.4351 Written reports of violence or Ontario Toll Free: 1.877.236.4351 potential for violence can be Fax: 519.236.4329 prepared using the Workplace Email: [email protected] Violence and/or Harassment Website: Report Form. www.municipalityofbluewater.ca

95 Workplace

Our Our Commitment Violence & Commitment To You To You Harassment

Preventing The Corporation of the Municipality of Bluewater is Recognize it Workplace committed to providing a safe Report it work environment that is free Violence & from violence and harassment. Prevent it Harassment This brochure briefly explains the Corporation’s policy on  Bluewater’s Policy preventing workplace violence and harassment and the  Reporting Incidents procedures for dealing with  Investigations these issues should they occur.  Consequences

The Municipality has developed and adopted a Workplace Violence and Harassment Prevention Policy and Program, 14 Mill Avenue, Box 250 which applies to all employees, Zurich, ON N0M 2T0 consultants, contractors, Phone:519.236.4351 volunteers and visitors. Ontario Toll Free: 1.877.236.4351 Fax: 519.236.4329 Email: [email protected]

96 Website: www.municipalityofbluewater.ca

Bluewater’s Commitment to What is Harassment? Investigations a Safe Environment Harassment can include:  All incidents of violence or  Teasing; harassment will be investigated by Violence and harassment are prohibited  Belittling; The Municipality of Bluewater. in the workplace.  Bullying;  Sexual comments, jokes, Consequences Everyone has a role to play to create Innuendoes.  Violence and harassment will not be and maintain a safe environment: tolerated.  Treat everyone with respect and Reporting Incidents  Violators will be subject to discipline, dignity; It is everyone’s responsibility to prevent remedial or legal action through the  Resolve conflicts without violence; violence. Report the following police, up to and including  Take disputes to management for situations: termination of employment. resolution;

 Remove yourself from violent or  When you see or hear acts of potentially violent situations in the workplace violence; workplace.  When you believe that someone will

or could be violent; What is Violence?  If you believe an employee could be Violence can include: targeted for violence at work  Physical fighting (hitting, punching); because of a domestic situation.  Physical threats (shaking fists, throwing objects); Immediately report these situations to:  Verbal threats;  Supervisor/Manager  Stalking;  Chief Administrative Officer  Any other action or behaviour that

can be seen to physically harm a

person. 14 Mill Avenue, Box 250

Confidentiality will be maintained Zurich, ON N0M 2T0 It also includes violence that could be as much as possible. Phone:519.236.4351 carried over from a domestic situation to Ontario Toll Free: 1.877.236.4351 the workplace. Fax: 519.236.4329

Complainants will be free from Email: [email protected]

reprisals. Website:

www.municipalityofbluewater.ca

97 98 99 100 101 102 103 June 2016 Council Remuneration

Mar M Hessel DM Fergusson C Becker C Gillespie C Hill C Irvin C Roy C Whetstone C Zimmerman 1 Zurich Chamber Comm. Tour - Hensall Streetscape Water Plant 2 Water Supply Board of Health - Board Meeting Clinton 3 4 MMWTWG (Bus Tour) 5 6 COW COW COW COW COW COW COW COW 7 8 Mutual Aid 9 Hensall Hall CIB Hensall Hall MMWTWG 9 Hensall Hall 10 Hensall Fair Opening Hensall Fair Blue Flag Opening 11 Hensall Parade 12 13 14 Heritage Committee 15 16 BRA Board ABCA Board 17 18 19 20 Council Council Council Council Council Council Council Council 21 Mid-Huron Landfill 22 Avon Maitland DSB Avon Maitland DSB 23 Shared Services 24 Staff BBQ 25 26 27 Shared Services Shared Services Shared Service * Meeting/Function attended but not paid for

104 TREASURY COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Ansberth Willert

JULY 2016 EXPANDED OCIF NOTIFICATION ______

RECOMMENDATION: That Committee of the Whole recommends that Council authorize staff to further investigate the feasibility of submitting an application for Top-Up funding under the New OCIF program by the October 21st deadline.

BACKGROUND: On July 4, 2016, Ontario launched the expanded Ontario Community Infrastructure Fund (OCIF) by providing enhanced funding and has updated the program design based on feedback from municipalities.

The new formula-based component of the OCIF allows municipalities to accumulate their annual allocation for up to five years and the list of eligible expenditures has been expanded and clarified.

The application-based component has been re-named the “top-up” component. “Eligibility for the 2016 intake is being targeted to communities whose formula-based grants in 2017 and 2018 add up to less than $2 million and who did not receive funding under the last application-based intake. Eligible communities with critical infrastructure projects may submit proposals to bring their total OCIF Funding up to $2 million over two years.” Bluewater did not receive funding under the last application-based intake in the fall of 2015. The ministry advises that a one-stage application process will be used to assess projects primarily in relation to the project’s critical health and safety aspects and that the comprehensiveness of the applicant’s asset management plan will be a secondary factor. Municipal eligibility for top-up funding is confirmed in the allocation notice. However, the Ministry requires that details from the allocations notice be kept confidential until they can make funding announcements.

Based on this information, staff have reviewed and provided the list of bridge priority scores from our Asset Management Plan and the estimated replacement costs from the Bridge Needs Study (attached). Staff would like to investigate what would be required to complete a total replacement of B35 located on Airport Line (by the South Huron Cemetery). This structure has the highest priority score of 17 and requires replacement within the next 5 years. Due to the high replacement cost of this structure, Bluewater has been replacing or repairing structures of high priority but lower cost. If we were successful in securing this funding, we would be able to reallocate the gas tax funding we normally earmark for bridge/culvert capital work.

This “top-up” funding, combined with the 2017 & 2018 formula-based funding would amount to the approximate replacement cost of B35.

Staff will research/review alternative uses of this funding as identified by Council.

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FINANCIAL IMPACT: Securing “top-up” funding will enable the municipality to move through high priority scoring infrastructure sooner and reduce the historical backlog. If an application is submitted for Top-Up Funding; the costs and associated funding will be incorporated in the 2017 Budget document.

ATTACHMENTS: Bridge Priority Scores and estimated replacement costs.

Submitted By: Concurred by:

Ansberth Willert, Manager of Finance Jennette Walker, Manager of Public Works

Approved:

Kyle Pratt, CAO

106 107 108 109 110 TREASURY COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Ansberth Willert

ONTARIO150 PROGRAM ______

RECOMMENDATION: That Committee of the Whole recommends that Council authorize staff to further investigate the feasibility of submitting an application for the Ontario150 Community Capital Program.

BACKGROUND: On July 6, 2016, Ontario launched the Ontario150 program that will permit municipalities, community organizations and Indigenous groups across the province to access funding through three (3) application-based grant programs:  The Community Capital Program will provide $25 million to renovate, repair and retrofit existing community and cultural infrastructure to increase access, improve safety and maximize community use;  The Partnership program provides $5 million to support new partnerships and collaborations that engage, enable and empower youth as the next generation of Ontario leaders;  And the Community Celebration program that provides $7 million to help communities celebrate this historic year. Staff has attached a document that compares the Ontario150 programs, for your information and review. The senior management team was circulated this information and encouraged to bring forth possible projects. Two options were mentioned: the Hensall Pavillion and the Stanley Lake Pavillion. In addition, Jo-Anne Fields, Community Services Manager for the municipality of South Huron is bringing forth a report for Council affirmation that staff is to proceed with a Community Capital Grant Application for the proposed Dashwood Hall washroom renovation project.

We are currently awaiting clarification as to whether submission for the Dashwood Hall precludes our eligibility for an application by Bluewater (because both Municipalities own the Dashwood Hall). We also have a recent structural report on the Hensall Pavillion.

Staff would like direction and/or input from Council as to whether we should proceed with investigating the feasibility of a grant submission. The deadline for the Community Capital Program is September 14, 2016.

FINANCIAL IMPACT: If an application is submitted for Funding; the costs and associated funding will be incorporated in the 2017 Budget document.

ATTACHMENTS: Comparison of 150 Programs

111

Submitted By: Concurred by:

Ansberth Willert, Manager of Finance Rob Volland, Manager of Facilities

Approved:

Kyle Pratt, CAO

112 COMPARISON OF ONTARIO150 APPLICATION‐BASED PROGRAMS

Ontario150 Partnership Program Ontario150 Community Celebration Program Ontario150 Community Capital Program Lead  MTCS, Ontario150 Secretariat  MTCS, Investment and Development Office  MTCS, Ontario150 Secretariat  Regional Services Branch as delivery partner  Regional Services Branch as delivery partner  OTF as delivery partner Program Intent  Support communities and organizations  Support communities and community  Strengthen communities by across Ontario to collaborate and offer organizations across the province in supporting the repair, renovation or young people new ways to participate in commemorating and celebrating Ontario’s retrofitting of existing community opportunities within six key areas 150th anniversary in 2017. infrastructure Eligibility  Not‐for‐profit organizations, municipalities,  Not‐for‐profit organizations, municipalities  Registered charities, not‐for‐profit Indigenous communities, businesses* and and Indigenous communities and organizations, municipalities, Local business associations organizations Service Boards and First Nations  *Businesses are eligible for projects of a non‐  For‐profit organizations, academic commercial nature. Preference will be given institutions and Chambers of Commerce are to businesses who partner with other eligible not eligible to apply for funding; however, applicants. these organizations may partner with not‐for‐ profit lead applicants Eligible Projects  Preference will be given to projects involving  Celebratory or commemorative events and  Funding is provided for projects high levels of collaboration with new activities (e.g. multicultural festivals, Pow that: partners Wows, cross‐cultural exchanges, outdoor o Extend the life and  Projects must be for youth, by youth or offer learning experiences) maximize the use of existing youth benefits  Commemorative ceremonies (cenotaph community facilities  Successful proposals will have clearly unveilings, WW I centenary o Increase access to demonstrated impact in one of the following commemorations) community facilities and Priority Areas:  Competitions in honour of the 150th (e.g. programs o Supporting Young Artists sporting events, including parasports, that o Improve health and safety, o Promoting Diversity and Inclusion have been adapted from Canadian sports, environmental and o Environmental Stewardship youth innovation or entrepreneur accessibility standards o Supporting Youth Entrepreneurship competitions) o Improving the capacity of o Promoting Active and Healthy Living community organizations to o Youth Civic Engagement support the economic, social and physical well‐ being of Ontarians When Must Initiatives Occur  Must occur between January 1, 2017 and  Must occur between January 1, 2017 and  Must occur between January 1, December 31, 2017 December 31, 2017 2017 and March 31, 2018

113 COMPARISON OF ONTARIO150 APPLICATION‐BASED PROGRAMS

Ontario150 Partnership Program Ontario150 Community Celebration Program Ontario150 Community Capital Program  Note: New Year’s Eve 2017 (December 31, 2016) activities may be included Funding Parameters  Supports up to 75% of eligible costs, for a  Funding will be provided up to a maximum of  Supports up to 75% of total project maximum of $100,000 75% of the initiative's total eligible cash costs for eligible organizations with  Funds from all gov. sources cannot exceed operating expenses. a total operating budget of less than 90%. Municipalities and Indigenous  The maximum level of funding per $1M, up to a maximum of $250,000 communities are exempt. application is as follows:  Supports up to 50% of total project  Cash and/or in‐kind contributions of at least o For organizations with annual cash costs for eligible organizations with 25% of eligible project costs must be operating expenses of less than a total operating budget equal to or confirmed before funding is released $250,000, the funding threshold is greater than $1M, up to a maximum $10,000. of $500,000 o For organizations with annual cash  Funds from all government sources operating expenses of $250,000 or cannot exceed 90% of total project more, but less than $1 million, the costs (Municipalities, Local Service funding threshold is $25,000. Boards and First Nations are o For organizations with annual cash exempt) operating expenses in excess of $1 million, the funding threshold is $70,000.  Stacking of funds from government sources cannot exceed 90% of the total cash operating budget for the proposed initiative. Municipalities and Indigenous communities are exempt from this requirement.  The value of in‐kind expenses is not included in the determination of Community Celebration Program initiative cash operating expenses. How to Apply  Apply online through Grants Ontario:  Apply online through Grants Ontario:  Apply online through the Ontario http://www.grants.gov.on.ca/GrantsPortal http://www.grants.gov.on.ca/GrantsPortal Trillium Foundation:  If you are not already registered with Grants  If you are not already registered with Grants http://www.otf.ca/ontario150 Ontario, you will need to request an account. Ontario, you will need to request an account.  Before submitting an application,

114 COMPARISON OF ONTARIO150 APPLICATION‐BASED PROGRAMS

Ontario150 Partnership Program Ontario150 Community Celebration Program Ontario150 Community Capital Program To do this follow the steps on the section of To do this follow the steps on the section of organizations must first register the Grants Ontario website titled “How to the Grants Ontario website titled “How to with OTF. To register, follow the Apply”. Apply”. steps on the “How to Apply” section Deadline to Apply  September 30, 2016 at 5:00 PM Eastern  September 2, 2016 at 5:00PM Eastern  September 14, 2016 at 5:00 PM Standard Time Standard Time Eastern Standard Time Review of Applications  Regional Services Branch will review, assess  Regional Services Branch will review, assess  Applications will be assessed by and recommend applications with final and recommend applications with final OTF, which happens in four steps: approval by the Minister Tourism, Culture approval by the Minister of Tourism, Culture o OTF Staff Assessments and Sport and Sport. o OTF Volunteer Scoring o OTF Grant Review Team Assessments o OTF Board of Directors Approval Public Communications  January 2017  January 2017  January 2017

115 TREASURY COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Ansberth Willert

TANGIBLE CAPITAL ASSETS ASSISTANCE ______

RECOMMENDATIONS: That Committee of the Whole recommends that Council accept the report as presented by the Manager of Finance.

That Committee of the Whole recommends that By-Law 83-2016, being a By-law to amend the starting date of the Bayfield Water System Debentures, be given first, second, third and final reading and finally passed this 2nd day of August, 2016.

BACKGROUND: On April 14, 2016, the Manager of Finance provided Council with the attached report pertaining to the issue of securing capital financing for the Bayfield Water System Project. This report outlines the need for Infrastructure Ontario to receive our Draft 2015 Financials, before we can address our debt service capacity issues. Due to the ongoing workload and volume of reports to Council and various Ministries, Treasury has identified the need for assistance in the finalizing of the year-end adjustments for capitalization of the Tangible Capital Assets (TCA). As a solution to this issue, we have contacted our Municipal Auditors, who will provide immediate assistance to complete the necessary analysis to support the necessary adjustments on the basis of an hourly rate as per our last RFP ($101.89). With an 8 hour day and the non-rebate able portion of HST, the daily cost is $829.47. It is anticipated that this may require anywhere from 3-5 days, which equates to a range in costs from $2,488.41 to $4,162.35. While the analysis is being performed by our Audit Firm, Municipal staff will still enter the adjustments into the system, thereby maintaining the degree of separation required by legislation so that the auditors are not reviewing their own work. We should have sufficient room in our 2016 Budget line item # 6404 – Professional/Engineering Fees to accommodate this assistance. This account will be monitored for variance throughout the year and if it appears that it will be overspent, the Manager of Finance will request that Council authorize the cost of this assistance to be transferred from the Reserve for Working Funds. At that time, we will know the full cost of this assistance. This issue regarding the capitalization of TCA’s has been ongoing since the legislated changes of PSAB 3150 in January of 2009. The Manager of Finance and the Auditors will be reviewing the existing processes to determine if we have staffing capacity to complete this analysis in a more timely fashion and train staff to do so, or whether we need to add this responsibility to the list of tasks to be completed by the Auditors when they are here in February processing our year-end. If there is a need to alter the Auditor task list, this will be incorporated in the 2017 Budget.

On June 6, 2016, Council passed By-law Number 64-2016 which established our authority to impose the capital charges with respect to the Bayfield Water System Projects and set the commencement date of 2016 for the debenture terms. A second issue arising from the delayed completion of our Financial Statements is the fact that we still have not secured financing for the 15 year debenture for this project. This means that we do not know what the interest rate will be yet for the debenture and we cannot calculate what the annual payment amounts will be. As such, Treasury has prepared amending By-law No 83-2016 to move the start of the Debenture periods to the 2017 fiscal year. Once the debenture is issued, we will issue repayment schedules to those ratepayers who opted for this option. The Municipality’s first payment will be due, within six months of the debenture issue so we want to be able to have this information in time for the 2017 Interim billing which is issued at the end of January.

116

FINANCIAL IMPACT: Treasury assistance will not impact directly on the levy if this cost is funded from the current budget or transferred from the Reserve from Working Funds. In addition, we are incurring monthly interest charges of approximately $2,700.00 for Bridge Financing until we issue the debentures.

ATTACHMENTS: Loan Application Report of April 14th and associated attachments By-Law 83-2016

Submitted By:

Ansberth Willert, Manager of Finance

Approved:

Kyle Pratt, CAO

117 TREASURY COUNCIL REPORT Meeting Date: April 14, 2016 Prepared By: Ansberth Willert

Loan Application for Bayfield Water Storage and Distribution ______

RECOMMENDATION: That Council provides direction to staff regarding the term for the proposed project debenture(s).

BACKGROUND: At the Committee of the Whole meeting on April 4th, Council requested that I bring back a 3rd report regarding the possible breakdown of this debt between possible debenture terms. For information purposes I have attached the previous reports to the end of this document.

The first attachments are excerpts from By-Law No. 80-2010 which was passed on July 19th, 2010 and was put in place as a borrowing by-Law for the current ongoing infrastructure projects. The by-law authorized interim financing for both components of the Bayfield Water System and the Zurich Lagoon Upgrades. In addition, it authorized the issuance of Long- Term Debt upon completion of the projects. The attached Financing Schedule to the Agreement shows the long term debt components of the loan as the first three projects and sets out a 20 year amortization term. The last two components are the bridge/construction financing until the debenture is issued. The bridge financing was put in place for a 5 year term, so although we did not borrow any funds until July of 2011 this financing expired as at August 17, 2015.

Through ongoing communications with Infrastructure Ontario, I have been able to confirm the following:

1. We can get an extension agreement for the current loan agreement # 10035, but it will max out at $2,207,012.46 which is the current total of our construction advances on this project and it will be a 20 year amortized term. Infrastructure Ontario (IO) will need at least our draft 2015 Financial Statements to confirm that the current expired Financing Agreement can be extended to October 1st of this year. This would be to convert our current construction draw of $2,207,012.46 to a debenture;

2. If we wish to alter the term, we may need to go for a new application. IO would need our draft 2015 Financials before determining whether a new application is required to alter the current term of 20 years;

3. If we wish to borrow the balance of what we need, we would have to submit a new application. In addition, IO would need our 2015 Financial Statements to assess a new loan application;

4. We will have problems with a new application because our Debt Service Ratio is below 1 with the 2015 proforma DSC below .5. IO needs our 2015 Financials to properly assess any new loan application. The DSC must be at least 1. Based on our Municipality’s 2014 Financials, the 2014 DSC is 0.61. The projected 2015 DSC, without being able to look at our financial actuals yet, is notably less than 0.50;

5. The identifying cause of the declining DSC is a significant drop in User Fees & Service Charges (down by $709,935), primarily attributed to lower Building Permits & Inspection Services and Wastewater Treatment & Disposal revenues. As part of their revised Credit Policy for Municipal loans, IO requires a minimum Debt Service Coverage of 1.

118

As was noted by BM Ross during the Sewer Financial Plan Review in March (7th – COW), our sewer rates do not cover the cost of operations. This deficit is reflected in our Financials and is negatively affecting our debt service charges. Combined with the fact that we debentured the Zurich Lagoons in June of 2013, we now have additional debt charges as well as a deficit from operations. Council will need to seriously consider ways to reduce deficits in operations and improve our revenues in order to improve our ratio calculations.

The reduction in the Building Permit and Inspection Services will reflect the reduced number of permits versus the additional fees from the Wind Turbines that we had to transfer to the Bill 124 Reserve.

Treasury is currently working at the final 2015 adjustments pertaining to Tangible Capital Assets and hope to have them completed and to the Auditor by the end of April. We have already notified IO about the fact that we have removed the Zurich Arena Loan from our 2015 Financials as of March 31st, 2015.

Also attached is a calculation based on the amount required to “fund” portions of the debenture. If the draft financials do not improve the debt service charges ratio, we may have to investigate obtaining funding from the Bank and/or self-funding from our reserves.

FINANCIAL IMPACT: The financing options available through Infrastructure Ontario may be restricted based on our updated Debt Service Ratio.

ATTACHMENTS: Background information.pdf Breakdown for Bayfield Debenture.pdf Bayfield Debenture Term Options Reports.pdf

Submitted By:

Ansberth Willert, Manager of Finance 519-236-4351 ext. 230, [email protected]

Concurred:

Kyle Pratt, CAO

119 120 121 122 123 124 125 126 127 128 129 130 131 132 Bayfield Water Project property analysis costs total number of properties charged = 1112 total recovery costs = $4,020,550.00

# of under $5,000 Balance/Debenture Properties Total 1,250 56 70,000 1,750 265 463,750 1,800 1 1,800 2,250 171 384,750 3,250 2 6,500 3,500 8 28,000 4,000 18 72,000 521 1,026,800

# of $5,000 & up Balance/Debenture Properties Total 5,000 563 2,815,000 6,500 16 104,000 6,750 3 20,250 9,000 2 18,000 584 2,957,250

# of Central Huron Properties Properties Total 5,000 6 30,000 6,500 1 6,500 7 36,500

Totals 1,112 4,020,550

133 TREASURY COMMITTEE OF THE WHOLE REPORT Meeting Date: April 4, 2016 Prepared By: Ansberth Willert

Debenture Options for Bayfield Water Storage and Distribution ______

RECOMMENDATION: That Committee of the Whole recommends that Council provides direction to staff regarding the term for the proposed project debenture.

BACKGROUND: Attached is the original Bayfield Debenture Term Options Report as provided by staff at the March 21st Council meeting. Council directed staff to enquire if it is possible to obtain a different term such as 8 years or 12 years.

Infrastructure Ontario has advised that we can get custom terms, but that the rate would be calculated closer to the time when we request the debenture. For information purposes, they recommend that we use an average rate of the higher and lower terms as an estimate. That is, the 8 year term would be around 2.04% or $680.56 annually and 12 year term would be around 2.60% or $487.72 annually. This is based on the maximum payment amount of $5,000.

FINANCIAL IMPACT: The repayment term of the debenture affects the calculation of our Annual Repayment Limit. The shorter the term, the sooner room is “available” for other projects. Conversely, the larger the annual repayment amount, the lower our ARL in the shorter term. Alternative terms affect the annual repayment amount and reflect the “burden” of the local improvement charge.

ATTACHMENT: Bayfield Debenture Term Options Report & Payment Options Analysis

Submitted By:

Ansberth Willert, Manager of Finance 519-236-4351 ext. 230, [email protected]

Concurred:

Kyle Pratt, CAO

154134 TREASURY COUNCIL REPORT Meeting Date: March 21, 2016 Prepared By: Ansberth Willert

Debenture Options for Bayfield Water Storage and Distribution ______

RECOMMENDATIONS: That Council for the Municipality of Bluewater approve the Bayfield Water Debenture Term to be established at 10 years. OR That Council for the Municipality of Bluewater provide direction to staff regarding the term for the proposed project debenture.

BACKGROUND: Attached is the payment options analysis as prepared by BM Ross and based on recent Infrastructure Ontario debenture rates. The term of the debenture is reflected directly in the interest rate offered. That is, the shorter the term of the debenture; the lower the interest rate.

As was explained in my July 6, 2015 report to Council “The Annual Repayment Limit (ARL) may be generally summarized as the maximum amount that a municipality in Ontario can pay each year (without first going to the Ontario Municipal Board) in principal and interest payments for its long-term debt and other long-term financial commitments. For most municipalities (not including Toronto) the ARL is set at 25 percent of their annual own-source revenues (such as property taxes, user fees and investment income), less their annual existing long-term debt service costs and payments for other long-term financial obligations. Municipalities may only exceed their ARL with the prior approval of the Ontario Municipal Board (OMB).” In that report the ARL for 2015 was $1,488,269 and was based on the 2013 FIR’s. The 2015 ARL will be $1,698,487, based on our 2014 FIR’s. This increase to the ARL indicates that we have gained additional borrowing capacity.

We want to protect our ARL to ensure that we have capacity for the following pending projects: Z The current Bayfield Water Storage and Distribution with a maximum debenture of $3,996,399.43; Z The Hensall Lagoon Upgrades with a maximum debenture of $2,400,000.00; Z Bayfield Sewage Upgrades with a maximum debenture of $8,800,000; Z Varna Water System Upgrades with a maximum debenture of $675,000.

Based on the information provided in this report, Staff recommends that the Bayfield Water Debenture Term be established at 10 years. This provides borrowing capacity for the pending projects and “frees up” $452,346 in 10 years in anticipation of possible additional debt for the Bayfield Sewage Upgrade.

155135

Based on our anticipated rate of interest over the debenture term the following is the impact to our ARL:

Debenture Interest Annual Revised Term Rate Repayment ARL 2016 ARL based on 2014 FIR'S 1,698,487 10 2.42% 452,346.16 1,246,141 15 2.91% 330,694.50 1,367,793 20 3.22% 272,571.16 1,425,916

ATTACHMENT: Payment Options Analysis

Submitted By:

Ansberth Willert, Manager of Finance 519-236-4351 ext. 230, [email protected]

Concurred:

Kyle Pratt, CAO

156136 BMROSS Job No. 07022 15-Mar-16

Implementation of Bayfield Water

Analysis of Payback Options

OSEIFA amortization rates as of March 15, 2016

5 yr 1.74% 10 yr 2.42 15 yr 2.91 20 yr 3.22

Formula: A= p.i(1+i)n (1+i)n -1

Examples of Yearly Payments

"A" Property - No prepayment - $5,000.00 "A" Property - $3,250.00 prepayment - $1,750 -approx 620 properties -approx 265 properties 5 yr $1,052.80 5 yr $368.48 10 yr $569.23 10 yr $199.23 15 yr $416.11 15 yr $145.64 20 yr $342.95 20 yr $120.03

"B" Property - No prepayment - $2,250.00 "B" Property - $1,050.00 prepayment - $1,250 -approx 180 properties -approx 50 properties 5 yr $473.76 5 yr $263.20 10 yr $256.15 10 yr $142.31 15 yr $187.25 15 yr $104.03 20 yr $154.33 20 yr $85.74

157137

THE CORPORATION OF THE MUNICIPALITY OF BLUEWATER

BY-LAW NO. 83-2016

BEING A BY-LAW TO AMEND BY-LAW No. 64-2016

WHEREAS the Corporation of the Municipality of Bluewater (the “Municipality”) enacted By-Law No. 64-2016 with respect to a capital charge for the Bayfield Water System Under Section 391 of the Municipal Act, S.O. 2001;

AND WHEREAS it is deemed desirable by the Council of the Municipality of Bluewater to alter the start date of the annual payment for the outstanding capital charge;

NOW THEREFORE, THE COUNCIL OF THE MUNICIPALITY OF BLUEWATER ENACTS AS FOLLOWS:

1. That By-Law No 64-2016 be amended as follows:

2. The outstanding capital charge to be paid as an annual charge over a period of fifteen (15) years for the full service installation will commence in the year 2017;

3. The outstanding capital charge to be paid as an annual charge over a period of five (5) years for the partial service installation will commence in the year 2017;

4. This By-Law shall take effect on the date of passing.

READ A FIRST, SECOND, THIRD TIME and finally passed on this 2nd day of August, 2016.

______Tyler Hessel, Mayor

______Charlene Overholt, Clerk

138 BUILDING SERVICES COMMITTEE OF THE WHOLE REPORT Meeting Date: August 2, 2016 Prepared By: Jennette Walker, Tim Masse & Rob Volland

HENSALL STREETSCAPE & INFRASTRUCTURE IMPROVEMENT COMMITTEE ______

RECOMMENDATION: That the Committee of the Whole receives this report for information.

BACKGROUND: The Hensall Streetscape and Infrastructure Improvement Committee (HSIIC), at the February 16, 2016 regular Council meeting, made a presentation to Council as a delegation. The minutes and resolution from that meeting regarding the presentation are as follows:

Chuck Mallette, Nick Bjelan, Miranda Burgess and Caleb McLeod representing the Hensall Streetscape group presented Council with information regarding their concerns in Hensall. The purpose of their Committee is to make the municipality aware of their goals and concerns and to advocate for improvements to the Village of Hensall. The Committee requested that Council approve that the Committee be allowed to meet with staff member(s) for approximately 12 hours over the next four months to gain information to allow the group to move forward.

Moved by Deputy-Mayor Fergusson, seconded by Councillor Hill that Council direct staff to prepare a report on the presentation prepared by the Hensall Streetscape group. Carried. The areas of concern and suggested improvements identified in the HSIIC presentation are summarized as follows: 1. Property Standards a) 123-125 King Street – vacant building that is in disrepair b) 128 King Street – foundation remains of demolished building c) Railway loading dock – in disrepair and overgrown with weeds 2. Public Works a) Library parking lot – poor condition b) Paving stones in boulevard – weeds, broken, some missing c) Leaves in roadway d) Sidewalks – aging condition, not on some streets, maintenance standard e) Trees replacement – many trees cut down and not replaced 3. Facilities a) Planters in boulevard – broken, rotten wood b) Antique grader display – weeds, no plaque, purpose? 4. Suggested Improvements a) Benches b) Banners/signage/graphics c) Heritage lighting d) Walking trails/bike paths

In the past few months, staff and the HSIIC (mainly HSIIC Chair, Chuck Mallette) have had many telephone conversations, email correspondence and a meeting at the Municipal office on May 26, 2016 regarding the items listed above. Staff has prepared the following information in response to the HSIIC presentation as directed by Council.

139

Property Standards The three properties identified by the HSIIC as having Property Standards issues may be addressed through the enforcement of Municipal by-laws. The Municipal By-law Enforcement Officer works with property owners to gain voluntary conformance with Municipal By-laws. At the time of writing this report, the foundation at 128 King Street has been removed and the railway loading dock has been partially demolished. A separate report will be provided to Council regarding 123-125 King Street at an in-camera session.

Public Works As Council is aware, Public Works proposed to reconstruct the public parking lot by the Hensall library and fire hall in the 2016 draft budget. Council approved the reconstruction of this parking lot work over a two year period, the drainage issues will be repaired in 2016. Other items of concerns presented by HSIIC, that are included in the 2016 Budget included sidewalk and tree replacement. Annual funds for sidewalk and tree replacement are usually spread across the entire municipality, with priorities being, meeting Minimum Maintenance Standards and current & future liability. Please note, staff has asked the Bayfield Tree Committee and they are more than willing to share their knowledge with HSIIC. This information was shared with HSIIC at a meeting on May 26th.

Public Works contracts out street sweeping in the primary settlement areas once a year. Paving stones are also cleared of weeds once per year. If Council wishes to increase the removal of paving stone weeds and leaves from the streets, staff can incorporate this increase in service into the 2017 draft budget. In 2016, street sweeping costs were $9525; municipal streets were swept in Bayfield, Dashwood, Hensall and Zurich.

Replacing the paving stones or changing the lighting on King Street should be part of a bigger road reconstruction/streetscape project with the County of Huron.

Facilities The Wellington Street parking lot contains an antique grader displayed in a traffic island. Maintenance is completed on the display once per year and the purpose and history of the display is unknown to staff. HSIIC has mentioned they have a plan for the grader in a new location; staff has informed them they need to present their plan to council for approval. The rotten wood was removed from the planters at the Wellington Street/King Street parkette in late May, there are funds in the 2016 Budget to renew the flower beds in this area which is scheduled for later this year.

Suggested Improvements Items such as those identified by the HSIIC have been historically driven by community groups and funded by a combination of private investments, fundraising, grants, etc. The HSIIC was encouraged on May 26th to continue to seek community support for these types of projects. Alternatively, Council may consider the creation of a Main Street Streetscape and Open Space Improvement Plan (similar to Bayfield’s - 2003) which could include the items identified by the HSIIC.

The secondary purpose of HCIIS presentation to council was to acquire approval for up to12 hours of staff time over four months to discuss their concerns and establish long term plan for these concerns. Staff met with HSIIC on May 26th and at this meeting all of the items noted above were discussed, along with the current maintenance operations, capital and funding. Ideas for community lead programs were also discussed. At this time, staff feels HSIIC concerns have been addressed and no further meetings are required. Staff spent approximately 8 hours between meetings, emails and telephone calls.

FINANCIAL IMPACT: There are no financial implications resulting from adoption of this report.

ATTACHMENTS: None.

140 Submitted By:

Jennette Walker, Manager of Public Works Tim Masse, Chief Building Official 519-236-4351 ext. 221, [email protected] 519-236-4351 x225, [email protected]

Rob Volland, Manager of Facilities 519-262-3206, [email protected]

Approved:

Kyle Pratt, CAO

141 PUBLIC WORKS COMMITTEE OF THE WHOLE REPORT Meeting Date: Aug 2, 2016 Prepared By: Jennette Walker

Graveline Development Servicing Request ______

RECOMMENDATION: That the Committee of the Whole recommend to Council that staff work with Tony J. Azar Consulting Services on behalf of Mr. Raymond Graveline, owner of the Plan of Condominium 40CD02001, Part 2, Bayfield Concession in the Municipality of Central Huron to develop an agreement for the purchase of sewage capacity from the Bayfield Sewage System.

BACKGROUND: In Feb 1988, the former Village of Bayfield and the former Township of Goderich entered into an agreement to provide sanitary service to approximately 80 dwelling units in the Township proposed by the Harbour Lights Development. The sanitary system and wastewater treatment facility would be construction in the Village by the developer.

In Dec 1992, the former Village of Bayfield, the former Township of Goderich and Harbour Lights Development entered into a Subdivision Agreement for what is now known as Harbour Court and Hidden Valley Lane in Bluewater and the Harbour Lights Condominiums (HLC) – Phase 1 in Central Huron. This agreement included an expansion of the Harbour Lights Development to include a 43 single family dwelling subdivision in Bluewater and the repair and expansion of the existing sewage treatment plant (STP). At that time, the existing STP (known as Phase I) included the existing 28 units of the HLC – Phase 1, the Harbour Lights Restaurant and Harbour Lights clubhouse and office. The expansion of the STP (known as Phase II) would allow for the 43 single family lots. This agreement also provided for a Phase III expansion of the STP to include the proposed additional 60 condominium units for HLC – Phase 2. All works proposed were at the developers cost, however, the Village would assume the STP after one year of acceptable operation certified by the municipal engineer.

In Nov 1994, the former Village of Bayfield and the former Township of Goderich entered into another agreement to allow the Village to collect sewer fees from the Township residents for the operational and capital costs of the sanitary system and STP.

In Dec 2000, the servicing and roads installed under the 1992 Subdivision Agreement were assumed by the former Village of Bayfield. The STP was decommissioned in 2001 and parts of it were reconstructed into the Fisherman’s Wharf Sewage Pumping Station under the Bayfield Sewage Project.

In 2002, discussions began regarding the development of HLC – Phase 2. On Jan 6, 2003, Council passed the following motion: Moved by Joe Laudenbach, Seconded by Mavis Govier – Be It Resolved That the Council of the Municipality of Bluewater does not have any concerns with the Proposed Plan of Condominium in the Municipality of Central Huron subject to the appropriate discussions regarding sewage. Carried

On Sept 4, 2003, County Council approved the Draft Plan of Condominium for the Raymond & Antoinette Graveline/Cumming Cockburn Ltd (as known as HLC – Phase 2). The draft approval was subject to a number of conditions, including Condition 14. “That the development connect to the existing sanitary sewer system presently servicing to the Bayfield Ward of the Municipality of Bluewater and Huron Condominium Corporation #1. Connect to the sanitary sewer system and all necessary agreements shall be completed to the satisfaction of the Municipality of Central Huron.” The draft plan approval was subject to lapse June 29, 2016.

142 In late April 2016, Mr. Azar representing Mr. Graveline, owner of the HLC – Phase 2, approached staff requesting information on the sanitary sewer servicing of this property for the proposed draft plan approval extension. County staff also approached Bluewater for information. At that time, staff did not know the history of the development but we were able to locate documentation regarding the design capacity of this proposed development. The Bayfield Sanitary Sewer System and Lagoons were designed to accommodate HLC – Phase 2, as directed by the former Village. However, no financial commitment was made by owner of HLC - Phase 2. The last correspondence regarding this development was dated May 2004, where Bluewater outlines the cost per unit to purchase capacity and that a servicing agreement would be required. In April, staff informed the developer and County of this information and about the limited capacity available at the Bayfield Lagoons and the ongoing Class EA for the Expansion of the Bayfield STP.

On June 1, 2016 County Council approved an extension of the draft plan approval until June 29, 2019.

In late June 2016, Mr. Azar requested a meeting with Bluewater staff to discuss sewage capacity. On July 18th, after a small deposit was received to recover Bluewater’s costs for the meeting, CAO Pratt, Manager of Public Works Walker and the Municipal Engineer met with the developer. Central Huron staff was invited to the meeting but none attended. At the meeting, staff was able to obtain more information about the proposed development and requested that Mr. Azar make a formal request to Bluewater Council on behalf of Mr.Graveline, for continued discussions to occur for the purchase of capacity into the Bayfield Sewage System.

For Council’s information, the proposed development consists of 59 condo units, built over phases with construction planned for 2018, subject to meeting all the conditions outlined in the draft approval. Those conditions are outlined in the attached Approval for a Phased Plan of Condominium. Phase 1 is 17 units, Phase 2 is 16 units, Phase 3 is 16 units and Phase 4 is 10 units. Based the on the timing of the proposed construction for this development and the estimated completion of the Class EA for the sewage plant expansion at the end of this year, in 2018, Bluewater could be starting construction on the plant expansion.

The formal request to purchase sewage capacity from Bluewater was received on July 18th, please see attached letter. Given the history of this site and the commitments approved before amalgamation, Bluewater should continue to discuss the purchase of sewage capacity with this developer.

FINANCIAL IMPACT: All of Bluewater’s costs associated with these discussions and potential agreement for the servicing of HLC – Phase 2 will be recovered through the developer, as noted, in their request for capacity letter.

ATTACHMENTS: Letter from Tony J. Azar Consulting Services on behalf of Raymond Graveline includes the draft approval plan and the extension from the County of Huron.

Submitted By:

Jennette Walker, C.E.T., Manager of Public Works 519-236-4351 ext. 226, [email protected]

Approved:

Kyle Pratt, CAO

143 144 145 146 147 148 149 150 151 Multi-Municipal Wind Turbine Working Group

Thursday, June 9, 2016 at 7:00 p.m. Chesley Fire Hall 211 1st Ave N, Chesley Chesley, Ontario

MINUTES A meeting of the Multi Municipal Wind Turbine Working Group was held on Thursday, June 9, 2016 at the Chesley Fire Hall.

Participating Municipalities Present:

Municipality Name of Members in attendance Arran-Elderslie Mark Davis (Vice-Chair), Doug Bell Bluewater Dave Roy Brockton Steve Adams Central Huron Alex Westerhout Chatsworth Scott Mackey, Elizabeth Thompson, Tony Clark Georgian Bluffs Dwight Burley Grey Highlands Stewart Halliday (Chair), Larry Close Kincardine Randy Roppel Meaford André Den Tandt Northern Bruce Peninsula Linda Weatherhead South Bruce Peninsula Gord Henrich Southgate Christine Gordon West Grey Carol Lawrence

Participating Municipalities Absent:

Huron-Kinloss Wainfleet

The following members of Staff were present: Teresa Gowan Arran-Elderslie Secretary

Others in attendance were: Bonnie Roy Bluewater Dave Hemingway Central Huron Warren Howard North Perth Michael Stachura Ashfield-Colborne-Wawanosh (ACW) Carla Stachura Ashfield-Colborne-Wawanosh (ACW) John Black Ashfield-Colborne-Wawanosh (ACW) Joan Black Ashfield-Colborne-Wawanosh (ACW) Joseph Leung Meaford Marian Ratcliffe West Grey Jackie Vainik West Grey

Page 1 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 152 Maria De Melo West Grey Martina Hayward West Grey

1. ADOPTION OF THE AGENDA Moved by: Doug Bell Seconded by: Dave Roy That the Agenda for the Multi-Municipal Wind Turbines Working Group meeting of June 9, 2016 be received and adopted as distributed by the Recording Secretary and further amended to add Items 6.2 and 6.3 Carried

2. DECLARATION OF PECUNIARY INTERESTS: No disclosures of pecuniary interests were made by the Committee.

3. APPROVAL OF MINUTES Moved by: Linda Weatherhead Seconded by: Randy Roppel That the Multi-Municipal Wind Turbines Working Group adopt the minutes of the last Committee Meeting held May 12th, 2016, as circulated. Carried

4. DELEGATIONS 4.1 At the May Committee Meeting the Vice-Chair allotted 30 minutes for the three delegates to speak to the Committee. Carol Lawrence introduced three citizens of West Grey, namely Marian Ratcliffe, Martina Hayward and Maria De Melo, who presented their depositions at the Nextera Community Liaison Committee and to read their depositions to this Committee.

Marian Ratcliff addressed the Committee and read her deposition which consisted of noise and health issues and lack of sleep that she and her family has experienced since the East Durham Wind Turbine Project was erected and commenced generation. Marian's complete deposition is attached to these Minutes.

Martina Hayward addressed the Committee and read the deposition she presented at the Community ERT. Martina's deposition is regarding her family's lack of sleep since the East Durham Wind Turbine Project started. Martina's complete deposition is attached to these Minutes.

Martina explained to the Committee that she is a farmer and she stated that wind developers and the government do not know what farmers have to deal with. Martina stated that she has experienced an increase in loss of baby goats, with still births, premature births, and miscarriages. Farming goats is her livelihood and these losses devastate her financial ability as well as her spirit. Martina stated that the government has placed these turbines in farming communities and the government doesn't care how it affects farmers or the rural people. Page 2 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 153 Maria De Melo addressed the Committee and read her deposition which consisted of how she is suffering with noise and health issues including a lack of sleep and a high pitched buzzing sound in her home. Maria's complete deposition is attached to these Minutes.

Maria advised the Committee that she does not live within sight of any IWTs and she cannot hear them but the landscape in her area is rolling land and the effect of the IWTs reverberate in the landscape.

Stewart Halliday thanked the three delegates for reading their depositions. The Chair asked that copies of these submissions be attached to these Minutes. There was a suggestions to the delegates to do a submission to the MOECC and a copy to the Environmental Commissioner and state the way Nextera and the MOECC investigates noise complaints. Another suggestion was to keep a written diary of all sound changes and record the weather including barometric pressure and wind direction every day and also email your complaints which will result in a paper trail of action.

Stewart thanked Carol Lawrence for inviting these three individuals to the Committee and suggested that these individuals could also speak to West Grey Council, Deputy Mayor and Mayor.

4.2 Dave Hemingway addressed the Committee and stated that he attended the Wiggins et al vs Ontario ERT in Collingwood. Dave explained that Wiggins, who was the original owner of Creemore Brewery, is the first name in a list of individuals and municipalities such as Collingwood, Simcoe and Clearwater involved in this ERT. Dave got the right to videotape this ERT hearing. Dave explained that one of the main issues raised at the ERT was the placement of IWTs near the Collingwood Airport and the Clearview Field. There are approximately 12,000 take offs and landings per year at these airports and pilots circle before they land and where they circle is where the turbines are proposed to be placed. If the planes stay above the turbines then the pilots have to deal with a high descent in order to land the planes. Proponents at the ERT used examples of airports where instruments are used to land and take off. Collingwood airport does not use instruments for landings and take offs, it is dependant on visual cues only.

Dave Hemingway also stated that Shawn & Trish Drennan have not received a decision yet on their Assessment Review Board Hearing from MPAC.

Dave stated that he received his decision from his Assessment Review Board Hearing from MPAC. The result was that the ARB denied his claim for reduced property values. The documents he received did not have any signatures attached and he has two copies of the decision and each copy has the same result but each copy is worded differently. Page 3 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 154 5. BUSINESS ARISING FROM THE MINUTES 5.1 Randy Roppel addressed the Committee and provided an update from the bus tour of IWT areas held on June 4, 2016. Randy thanked everyone for attending. Bill Palmer provided the participants with a pamphlet on a brief information package on Industrial Wind Turbines. Randy Roppel said the Municipality of Kincardine has 225 Industrial Wind Turbines within its borders. The bus tour visited a number of families located in the former Bruce Township. There was one family they visited that stated the wife was no longer able to stay there due to the health issues she experiences. One family stated they noticed that they had stray voltage when they saw their cows leaned against the wall and lapped up the water in the trough rather than usually walking up to the trough and putting their entire mouth in the water. They determined that their driving shed was channeling stray voltage into the barn and when they removed the driving shed this reduced the stray voltage. The bus tour stopped at the Armow hall and a sandwich lunch was catered to by Burke's Deli Catering from Kincardine.

The bus tour continued onto Shawn and Trish Drennan's farm and they saw the large number of IWTs surrounding the Drennan farm and they viewed the largest switch yards in Ontario which is near the Drennan farm. They spoke to a resident who lives in a wooded area, but the sound from the IWTs comes down the valley and affects her place. One family wish to transfer their property to their children but even the children don't want the farm. They spoke to a couple who run an animal sanctuary and the animals are suffering as well as the humans from stray voltage, sleep deprivation and health issues from IWTs. Another person who home schools her children, said that her whole family suffers but her husband works in the Goderich area and even though she wants to move she can't because her husband, who is the primary income earner, would have to leave his job and that would leave their family with no income.

Randy said that the bus tour showed the attendees first hand the people and animals who are suffering in so many ways due to the industrial wind turbines.

Randy thanked the attendees for joining the bus tour, he thanked Rachel Thompson for coordinating the tour and lunch, he thanked the ladies who served lunch and he thanked the people for sharing their stories.

Moved by: Mark Davis Seconded by: Doug Bell that the Multi-Municipal Wind Turbine Working Group thanks and acknowledges Rachel Thompson for her outstanding effort in coordinating bus transportation and catering for the bus tour of industrial wind turbine projects on June 4, 2016, as well as arranging individuals to speak to the tour. The Committee agrees to forward a letter of thanks to those

Page 4 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 155 individuals who met and spoke with the attendees of the bus tour. Names and addresses of these individuals will be provided by Rachel Thompson. Carried

Moved by: Doug Bell Seconded by: Mark Davis that the Multi-Municipal Wind Turbine Working Group thanks and acknowledges the great work by Bill Palmer in the preparation of "Wind Turbines, A Primer" prepared for the bus tour of the industrial wind turbine sites held on June 4, 2016. The Committee agrees to pay Bill Palmer the amount of $115.79, comprised of $102.47 for the cost of supplies of paper, folders, ink and out of pocket expenses in preparing this document, plus $13.32 HST for a total payment of $115.79. The Committee confirms that this amount be paid from the MMWTWG account held by the Clerk of Arran-Elderslie and mail to Bill Palmer Carried

5.2 Update from Huron-Kinloss if a plaque or memorial is planned for Dave Colling, a former member of the MMWTWG who is recently deceased. The Recording Secretary stated that the Clerk from Huron-Kinloss stated that the Municipality is not planning any type of memorial. The tree planting at the Bruce Botanical Food Gardens at Ripley on April 22, 2016 was arranged by the Central Bruce Grey Wind Concerns Ontario. The Municipality of Huron-Kinloss was not involved in the tree planting and their practice of memorial tributes is made at the time of passing. The Municipality sent a floral tribute in honour of Dave at that time. Stewart Halliday stated he will speak to Wilf Gamble, Deputy Mayor of Huron- Kinloss and will advise the Committee of any further suggestions for a memorial from the Committee.

5.3 Review of letter to Ben Lobb, MP and Larry Miller, MP to obtain a response from Prime Minister Trudeau to the Committee's correspondences dated Dec 10, 2015 and April 14, 2016. Bill Palmer drafted letters to Ben Lobb, MP for Huron-Bruce and to Larry Miller, MP for Bruce-Grey-Owen Sound to request their assistance it obtaining a response from Prime Minister Trudeau. These letters were circulated to the Members by email for review prior to the meeting.

Moved by: Steve Adams Seconded by: Carol Lawrence that the Multi-Municipal Wind Turbine Working Group receive the letters drafted by Bill Palmer to Ben Lobb, MP for Huron-Bruce and to Larry Miller, MP for Bruce-Grey-Owen Sound regarding the lack of effective response to correspondences from Multi-Municipal Wind Turbine Working Group to Prime Minister Trudeau dated December 10, 2015 and April 14, 2016. The Committee has reviewed these letters and has instructed the Recording Secretary to send the letters by email and fax to the named Members of Parliament. Page 5 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 156 Carried

5.4 During the May meeting, Bill Palmer spoke on the proposed new noise testing protocol released from the MOECC. At that time Bill stated that any comments on this new protocol could be submitted to the MOECC by the deadline of June 16, 2016. Bill Palmer forwarded by email to the Committee members a draft letter to Jim Virtue, MOECC regarding comments on the suggested compliance protocol.

Moved by: Steve Adams Seconded by: Carol Lawrence that the Multi-Municipal Wind Turbine Working Group receive the letter drafted by Bill Palmer to Jim Virtue, Senior Program Support Coordinator, Ministry of the Environment and Climate Change, Operations division, Environmental Approvals Access and Service Integration Branch, Toronto regarding comments on ERB Registry 012-7445 "Updates to Compliance Protocol for Wind Turbine Noise." The Committee has reviewed the letter and has approved the contents thereof. The Committee authorizes the Recording Secretary to forward this letter to Mr. Virtue by fax and regular mail. Carried

Bill Palmer also provided by email to the Committee for review a draft of a letter to Stephanie Liu, MOECC comments on revision to the "Renewable Energy Approvals"

Moved by: Steve Adams Seconded by: Dwight Burley that the Multi-Municipal Wind Turbine Working Group receive the letter drafted by Bill Palmer to Stephanie Liu, Senior Program Advisor, Ministry of the Environment and Climate Change, Environmental Programs Division, Modernization of Approvals Branch, Green Energy Approvals, Toronto, regarding revision to Regulation 359-09 issued May 1, 2016 under ERB Registry 012-4493. The Committee has reviewed the letter and has approved the contents thereof. The Committee authorizes the Recording Secretary to forward this letter to Ms. Liu by fax and regular mail. Carried

5.5 There was a suggestion by email from Betty Konc of Wainfleet that perhaps our Committee could arrange for a room or that a sponsored Association of Municipalities of Ontario (AMO) session could be booked to invite municipalities to brainstorm issues relating to slowing down wind projects. This suggestion was forwarded to Paul McQueen as local Director to the Board of AMO to look into the possibility of booking a room or a sponsored session. As Paul McQueen was not in attendance at the meeting, Stewart asked for comments to this suggestion.

Page 6 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 157 Warren Howard suggested that this could be a panel discussion at AMO - with a representative from IESO and include the Mayor of Dutton-Dunwich and Ron Higgins, Mayor of North Frontenac from Eastern Ontario. Warren said he could do some work on organizing the panel. Warren stated he could also participate on the panel providing an overview of the key issues.

The Committee considered two choices in dealing with this issue: 1. We want AMO to sponsor this as an AMO event (suggested by Wainfleet) 2. Failing the AMO sponsorship idea, we could run it ourselves. Betty Konc has her own staff in Wainfleet looking into room options.

Mark Davis stated as Paul McQueen is a Director of AMO he should set this up.

Larry Close suggested that we could ask Parker Gallant to speak on the economic issues regarding IWTs as we need to get urban municipalities to know how much money this will cost to proceed with more wind projects. There was a discussion that urban municipalities support IWTs but if we can get the message to them the impact of rising hydro costs they may listen. There was a comment that we need to get Patrick Brown, the leader of the Progressive Conservatives and the leader of the Official Opposition to speak out on issues related to IWTs.

Stewart will speak to Paul McQueen about how to proceed.

6. NEW BUSINESS 6.1 Joseph Leung addressed the Committee regarding the MPAC Assessments in Grey Bruce. He stated that he had received his Assessment Notice two weeks ago and he reviewed the assessments for Grey Bruce municipalities reported in the Owen Sound Sun Times that some municipalities' assessments went up and some decreased and some were unchanged in their assessments. Joseph Leung also provided the Committee with a copy of a recent article in the Owen Sound Sun Times regarding Environmental Commissioner of Ontario, Dianne Saxe, where she talked about her new role which includes serving as a watchdog over Ontario's energy sector. Dianne Saxe stated that she and Ontario Ombudsman, Paul Dube, will be ensuring that the MOECC will enforce rules on noise from wind turbines. The Environmental Commissioner of Ontario. Joseph Leung suggested that the Committee send to Dianne Saxe and to Paul Dube, in their new roles, the letters that were sent by this Committee to the Ontario Premier on May 14, 2015 on Environmental Intervener Funding and also the letter sent by this Committee to Prime Minister Harper on May 14, 2015 on non- compliance on the Radiating Emitting Devices Act. This issue will be reviewed at the next meeting.

Page 7 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 158 6.2 Tony Clark addressed the Committee, there was an article on CTV News about problems with solar installations on residential roofs. Tony stated that the news cast was about a residential homeowner who had solar panels installed on her roof and shortly after the panels were installed, raccoons and squirrels got under the solar panels and damaged the roof. The homeowner approached the solar company but they told her it would cost her $7,000 for them to remove the panels and put them back up. The homeowner said if the panels were removed she didn't want them reinstalled. The company stated that she had signed a contract with them and she agreed to have them on her roof for 20 years. CTV News contacted the company on behalf of the homeowner and the company has now agreed to remove the panels at no cost to the homeowner and to reinstall them after the roof is repaired. Tony remarked that there are also problems with solar panels on roofs.

6.3 Warren Howard addressed the Committee to clarify some comments regarding the Huron Health Unit considering partnering with the University of Waterloo to investigate health issues related to IWTs. In March 2016 the Huron County Acting Medical Officer of Health had announced an investigation of potential health effects of wind turbines and this investigation was to be open to Huron County residents commencing in May 2016. In April the Huron County Health Unit and Health Board fired the Acting Medical Officer of Health. There were varied reasons why the investigation was not going to go forward at that time. The Huron County Board of Health is considering partnering with the University of Waterloo which has a Master of Public Health program in the School of Public Health and Health Systems. The Huron County Board of Health wants to ensure that this investigation would not be duplicating other current studies.

7. FOR INFORMATION

7.1 Stewart Halliday advised the Committee that the Mayor of West Grey is now the Chair of the Grey Bruce Public Health Board. With the resignation of Dr. Hazel Lynn Stewart advised that Dr. Christine Kennedy has been appointed the new Medical Officer of Health for Grey Bruce. Dr. Kennedy has been the Associate Medical Officer of Health for Grey Bruce and will take over the role of Medical Office of Health.

7.2 Stewart Halliday stated that the Municipality of Grey Highlands is considering hiring an acoustical engineering company to perform a pre and post study of noise issues on industrial wind turbines in Grey Highlands. There will be a 5 member Committee appointed to arrange the details of the study.

Page 8 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 159

8. DATE AND LOCATION OF NEXT COMMITTEE MEETING The next meeting date is scheduled for Thursday, July 14, 2016, at 7:00 p.m. at the Chesley Fire Hall, 211 1st Ave. N., Chesley.

9. RESOLUTION TO MOVE INTO CLOSED SESSION AND GENERAL NATURE THEREOF (includes appointed Councillor(s) and citizen appointee) Not Required

10. RESOLUTION TO RECONVENE IN OPEN SESSION Not Required

11. ADOPTION OF RECOMMENDATIONS ARISING FROM CLOSED SESSION (if any) None

12. ADJOURNMENT Moved by: Randy Roppel Seconded by: Linda Weatherhead

That the meeting be adjourned to the call of the Chair. The meeting was adjourned at 9:17 p.m. Carried

Original Signed by Original Signed by ______Stewart Halliday, Chair Teresa Gowan, Recording Secretary

Page 9 of 9 Multi-Municipal Wind Turbines Working Group Meeting Minutes June 9, 2016 160 161 162 163 164 165 166 167 COUNCIL STATUS REPORT - ACTION ITEMS Date Topic Motion Update Staff Status 15-Dec Committee Appointment to the Bluewater Landfill and Environment CAO ongoing Appointments Committee be deferred until more information is received from Jennette staff. Walker 15-Dec Committee Defer the appointment until a formal request from the Hay Committee scheduled CAO ongoing Appointments Township Hall Committee comes to Council requesting that they to come to Council become a Committee of Council. July 20th

5-Jan Bayfield Arena BACP’s request to be designated as a Committee of Council. Deferred until CAO ongoing Community Partners - procedural bylaw is Committee of Council updated outlining Designation Committee of Council requirements

15-Dec Extension of Water Prepare an agreement with Central Huron authorizing the nine Report coming to Aug CAO ongoing Services - Central Huron properties to be connected 2 COW meeting

12-Jan Sewer By-law That staff prepare an updated sewer by-law 2016 project Jennette ongoing Walker 12-Jan Bayfield Works Building Staff to complete cost benefit of selling building and relocating Update May 4th Jennette ongoing equipment to Varna Walker CAO 17-Feb Phase One - Lakeshore Letters to be sent to shoreline residents along Phase One. Letter being drafted CAO ongoing Sewage 15-Jun Dog Park - Bayfield Set a public meeting date to discuss sites book in early June CAO ongoing 15-Jun Soccer Pitch prep Staff prepare a report on cost associated with cutting and seeding Rob Volland ongoing at soccer pitches 20-Jul Green Community Staff prepare a report stating whether Bluewater would benefit Jennette ongoing Initiatives from implementing these initiatives Walker 10-Aug Hensall Remedial Action Request that MOE fund the cost of remedial action plan CAO ongoing Plan

Updated July 27, 2016 168 10-Aug Hay Township Hall Staff prepare a mandate for the Hay Township Hall Committee Charlene ongoing Committee Overholt 10-Aug Hensall Heritage Hall Council discuss how the funds will be repaid Ansberth ongoing Willert 24-Aug Grand Bend Sewage Staff confirm and bill out costs to residents Ansberth ongoing Treatment Plant Willert 24-Aug Sanitary Sewers Staff prepare a report addressing sanitary sewer issues along Jennette is attending Jennette ongoing lakeshore and all of Bluewater a workshop Dec. 4th Walker

21-Sep Purchasing Policy Staff prepare an amendment to the purchasing policy to review Ansberth ongoing best practices Willert 16-Nov St. Joseph Memorial Staff work with St. Joseph Memorial Park Committee and Huron Erin/Rob ongoing Park County to complete a grant application 16-Nov Bayfield Sewage Staff draft a policy regarding sanitary sewer connections in Jennette ongoing Capacity Bayfield and service area until Bayfield Wastewater Treatment Walker Plant has been expanded 21-Dec Bayfield Sewage Staff develop a communication plan and communicate with Project update in Q2 Jennette ongoing Treatment System residents affected by changes to the system on a regular basis water and Walker wastewater newsletter. 21-Dec Committee of Whole Council review holding Committee of Whole Mtgs CAO ongoing Mtgs 5-Jan Rebranding Strategy Staff prepare a rebranding strategy CAO ongoing 5-Jan Dashwood Fire Hall Staff prepare a feasibility study of contracting services from South Dave Renner ongoing Huron 5-Jan LED Lighting Staff prepare RFP for LED lighting Jennette ongoing Walker 5-Jan Bayfield Marina Council review Marina Lease and future of Bayfield Marina Report coming to Aug Ansberth ongoing 2 COW meeting Willert/Rob Volland 26-Jan Recreation Master Plan Staff add discussion on a Recreation Master Plan to a meeting as Rob Volland ongoing soon as possible. Charlene Overholt

Updated July 27, 2016 169 26-Jan Use of Clear Garbage That staff implement the use of clear garbage bags for all of Jennette ongoing Bags Bluewater Walker 9-Feb Dashwood Street Lights Staff track cost savings and pay back to HEU reserve Report to come back Ansberth ongoing to Council - waiting Willert for actual cost

9-Feb Facility Sponsorship Staff bring back a report regarding sponsorship for our facilities Rob Volland ongoing

9-Feb Streamlining Council Staff prepare a report on the costs and feasibility of providing Charlene ongoing Meetings streaming for Council meetings Overholt 9-Feb Zamboni Staff prepare a report on the cost difference between front Report to come back Rob Volland ongoing dumping and side dumping ice resurfacers and leasing for next budget mtg

9-Feb Vehicle Appraisal That staff get an appraisal on the 2007 grader To do in Summer of Jennette ongoing 2016 Walker 9-Feb Vehicle Mechanic Staff investigate hiring or contracting of a mechanic to service and Jennette ongoing maintain vehicles Walker Rob Volland 9-Feb Cemeteries Staff prepare a report before the next budget cycle on the Charlene ongoing potential number of cemeteries Bluewater may acquire Overholt

16-Feb Hensall Streetscape Staff prepare a report on the presentation Report to come to Tim Masse ongoing Aug 2 COW 16-Feb Hensall Heritage Hall Staff prepare a lease agreement and have it reviewed by legal Rob Volland ongoing

16-Feb Meeting with South CAO and Mayor to meet with CAO and Mayor of South Huron Waiting to hear back CAO/Fire ongoing Huron regarding service agreement with Dashwood Fire Hall from SH on meeting Chief date and time

16-Feb Tiered Response with Staff prepare a report annually on number of calls Dave Renner ongoing County EMS 16-Feb Slippery Elm Tree Staff bring back report on impact of designation of the slippery Report to come back Jennette ongoing elm tree after arborist does Walker inspection

Updated July 27, 2016 170 16-Feb Fluoride Testing Staff prepare a report on the cost of extra testing of fluoride Jennette ongoing Walker 16-Feb Minor Sport Usage Policy Staff prepare a Minor Sports Hall Usage Policy Rob Volland ongoing

15-Mar Communication Staff prepare a communication account, insert notice in tax bill, Report to come to Charlene completed implementation report come back to Council July 18th mtg. Overholt 15-Mar Cost saving rec facilities Staff prepare a report on future capital costs and potential Rob Volland ongoing operational savings for all rec facilities starting with Bayfield

15-Mar Contract sidewalk Staff contract sanding, plowing and sweeping for next 2 years Advertisement going Jennette ongoing maintenance in newspaper Aug 3 Walker

15-Mar Facilities Rate Review Staff prepare a facilities rate review Rob Volland ongoing

21-Mar Concerned Citizens of Staff prepare a report on the presentation and requests from Charlene ongoing Huron County Concerned Citizen group Overholt 21-Mar BACPA Staff prepare a report on the presentation and requests from Rob Volland ongoing BACPA Ansberth Willert

21-Mar Zurich Drinking Water Staff explain why sodium level is so high on report Jennette ongoing Report Walker 21-Mar LAS bulk electricity rates Staff look at LAS rates for electricity Jennette ongoing Walker 21-Mar Royal Canadian Legion Staff prepare a report on what reserve a $1000 donation can Ansberth ongoing come from Willert 18-Apr RFP's Staff prepare a policy regarding the renewal of RFP's Summer student CAO ongoing project to pull by- laws 18-Apr Hensall Heritage Hall That Hensall Heritage Hall fund the difference in cost over Ansberth ongoing $13,000 for lights Willert 16-May Skateboard Park Staff work with Hensall Kinsmen on the development of a Facilities ongoing skateboard park

Updated July 27, 2016 171 16-May Breakdown of levy Staff prepare a breakdown of the levy and assessment by ward Ansberth ongoing Willert 20-Jun Bayfield Agricultural Staff provide more information on transfer of parcel of land to Report coming to Aug Arlene ongoing Society accommodate shed. 2 COW meeting Parker/Tim Masse 20-Jun Bayfield Post Office Council renegotiate lease after 5 years Charlene ongoing Overholt 20-Jun Refund of Funding Council defer until Councillor Zimmerman sees if there is still Grant money is still Ansberth ongoing Walking Trail Zurich interest in the project available Willert 18-Jul CHIP sign That staff inquire about other options provided by the County Jennette ongoing Walker 18-Jul Conservation Authority That Councillor Gillespie provide comments to include in a report Charlene ongoing Review for Council review. Overholt 18-Jul County of Huron Information be obtained by Huron County Council and the info coming to Aug Charlene ongoing decision to cancel decision to cancel advance care paramedic services 2nd COW meeting Overholt advance care paramedic

18-Jul Support County of Perth Council send a letter in support regarding Climate Change Action Charlene completed

Completed Ongoing Delayed Stopped

Updated July 27, 2016 172