35 Alice Street, Brighton ON KOK 1H0 Time: 6:30 p.m. Meeting Date: December 02, 2013 Location: Council Chambers Council Agenda 1. Call to Order 2. Approval of Agenda 2.1. Agenda for the December 2, 2013 Council meeting. Recommended motion: That Council approves the agenda for the December 2, 2013 Council meeting, as presented. 3. Declarations of Pecuniary Interests and the General Nature Thereof 4. Announcements 5. Adoption of Minutes 5.1. Council meeting minutes, November 18, 2013 Recommended motion: That Council approves the Council meeting minutes of November 18, 2013, as presented. 6. Statutory Public Meeting Pursuant to Section 34 of the Planning Act 6.1. File No. Z09-2013. Applicants: Mike & Rosemary Bannister Recommended motion: a) That Council now moves into the statutory public meeting portion of this meeting, pursuant to Section 34 of the Planning Act. b) That Council now closes the statutory public portion of this meeting, pursuant to the Planning Act, and moves into regular business. 7. Planning Issues 7.1. Consent Application B08/2013 & Rezoning Z09/2013 - Mike and Rosemary Bannister Recommended motion: 1. That Council grants provisional consent to application B08/2013 subject to the following conditions: 1. That the severed parcel be rezoned to the Rural Residential (RR) Zone; 2. That the applicant shall lay out and dedicate by deed to the Municipality of Brighton a strip of land ensuring 10.0 metres (33 feet) from the centreline of Bauer Road along the frontage of the severed and retained parcels for road widening purposes and an appropriately sized area to recognize the location of the cul-de-sac at the end of Bauer Road; 3. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality; 4. That all taxes on the severed and retained parcels be in compliance with Municipal requirements prior to the deed being stamped; and 5. That three paper copies and a digital copy of a registerable survey and the appropriate deeds be prepared and deposited with the Municipal Clerk within one year of the granting of consent. 2. That Council enact a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, in the County of Northumberland, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. 8. Delegations 8.1. Liz Riel, Chair, Accessibility Advisory Committee with an update, and a presentation regarding the Committee's budget requests, and their view on what needs to be addressed in the 2014 Budget. Recommended motion: That Council receives the information from Liz Riel, on behalf of the Accessibility Advisory Committee, and refers the information to the 2014 Budget process. 8.2. Dave Cutler & Dan Buchanan, on behalf of the Heritage Advisory Committee to present the proposal for a Hilton Hall Heritage Centre. Recommended motion: That Council receives the information from Dave Cutler & Dan Buchanan, on behalf of the Heritage Advisory Committee regarding the proposal for a Hilton Hall Heritage Centre. Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 1 of 154 9. Citizen Comments 9.1. 10. Citizen Comments at the December 2, 2013 Council meeting Staff Reports 10.1. Asset Management Plan From Linda Widdifield, Director of Finance & Administrative Services James Burn & George Illaszewicz, Associated Engineering will present the Asset Management Plan Recommended motion: That Council approves or receives the Asset Management Plan, as presented by James Burn, Associated Engineering. 10.2. Source Water Protection Funding – Grant Funding Agreement with the Ministry of the Environment From Ken Hurford, Manager of Planning Services Recommended motion: 1. That the Manager of Planning’s staff report dated December 2, 2013 regarding the Source Protection Funding – Grant Funding Agreement (Ministry of Environment - MOE) be received; and, 2. That Council enacts a By-law to authorize the Mayor and the Clerk to execute on behalf of the Municipality of Brighton a Grant Funding Agreement for the Source Protection Municipal Implementation Fund with the Ministry of Environment (MOE) as per Attachment 3 to the Planning Staff Report. 10.3. Project PW 2013-25, Road Reconstruction of Terry Fox Drive From Andrzej Drzewiecki, Director of Public Works & Development Recommended motion: That Council approve awarding the Project No. PW 2013-25, Road Reconstruction and Urbanization of Terry Fox Drive, for the total price of $651,170.57 (before H.S.T.) and authorize the CAO and Mayor to enter into a contractual agreement with Behan Construction Ltd, and; That the development be financed utilizing $310,000.00 from the Public Works Reserve with the balance of $341,170.57 from the Federal Gas Tax. 10.4. Assumption of Roads for Public Use, Harbourpoint Subdivision, Phase 3 From Andrzej Drzewiecki, Director of Public Works & Development Recommended motion: That Council enacts a By-law to assume for Public Use, Beacon Drive between Cedar Street and Nautical Lane within the Phase 3 of Harbourpoint Subdivision, Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 2 of 154 and that all remaining securities deposited with the Municipality as a Maintenance Guarantee for Phase 3 of this development be returned to the Developer, 952849 Ontario Limited. 10.5. Fire Master Plan From Gayle Frost, CAO/Clerk Recommended motion: That Council approves the Fire Master Plan dated October 2013 in principle, and refers the plan to the CAO and Fire Chief to report back to Council with an implementation plan for consideration. 10.6. Sewage System Management Agreement From Gayle Frost, CAO/Clerk Recommended motion: That the report from the CAO regarding Part I Sewage System management be received, and the Haliburton, Kawartha, Pine Ridge District Health Unit be advised that the Municipality of Brighton is requesting a contract extension for the delivery of this service until the municipality is in a position to offer the service alternatively, which will be no later than June 30, 2014. 10.7. January 6, 2014 Council Meeting From Gayle Frost, CAO/Clerk Recommended motion: That the Council meeting of January 6, 2014 be cancelled and that staff be directed to advertise this cancellation. 10.8. Council Direction Follow Up List for December 2, 2013 Recommended motion: That Council receives the Council Direction Follow List, dated December 2, 2013, as information. 11. Notice of Motions & Motions 11.1. 12. Notice of motion from Councillors Craig Kerr & Emily Rowley Unfinished Business 12.1. Presqu'ile Point Lighthouse Preservation Society ?referred from the November 18/13 Council meeting Recommended motion: That Council Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 3 of 154 13. By-Laws 13.1. By-Law of the Municipality of Brighton being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. Reference agenda item 7.1 Recommended motion: That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. Reference agenda item 7.1 13.2. By-Law of the Municipality of Brighton being a By-law to assume for public use certain roads in the Harbourpoint Subdivision, Municipality of Brighton Reference agenda item 10.4 Recommended motion: That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a By-law to assume for public use certain roads in the Harbourpoint Subdivision, Municipality of Brighton Reference agenda item 10.4 13.3. By-Law of the Municipality of Brighton being a by-law to authorize the Mayor and the Clerk to execute a Grant Funding Agreement between the Corporation of the Municipality of Brighton and Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment regarding funding from the Province to assist the Municipality with preparing to implement and to implement source water protection plans. Reference agenda item 10.2 Recommended motion: That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to authorize the Mayor and the Clerk to execute a Grant Funding Agreement between the Corporation of the Municipality of Brighton Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 4 of 154 and Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment regarding funding from the Province to assist the Municipality with preparing to implement and to implement source water protection plans. Reference agenda item 10.2 13.4. By-Law of the Municipality of Brighton being a By-Law to authorize the Mayor and the Clerk to execute an agreement between Behan Construction Limited and the Municipality Of Brighton for Tender PW 2013-25 for the Road Reconstruction, Reconstruction of Storm Sewers and Urbanization of Terry Fox Drive Reference agenda item 10.3 Recommended motion: That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a By-Law to authorize the Mayor and the Clerk to execute an agreement between Behan Construction Limited and the Municipality Of Brighton for Tender PW 2013-25 for the Road Reconstruction, Reconstruction of Storm Sewers and Urbanization of Terry Fox Drive Reference agenda item 10.3 14. Reports of Advisory Committees of Council 14.1. 1. 2. 3. 4. 5. Accessibility Advisory Committee, minutes - November 8, 2013 Heritage Advisory Committee, minutes - November 14, 2013 Emergency Planning Committee, minutes - November 13, 2013 Committee of the Whole, minutes - November 25, 2013 Committee of the Whole, Closed Session minutes - November 25, 2013 Recommended motion: That Council approves the following Advisory Committee minutes, and the recommendations contained therein: 1. Accessibility Advisory Committee, minutes - November 8, 2013 2. Heritage Advisory Committee, minutes - November 14, 2013 3. Emergency Planning Committee, minutes - November 13, 2013 4. Committee of the Whole, minutes - November 25, 2013 5. Committee of the Whole, Closed Session minutes - November 25, 2013 15. Reports of Statutory Committees, Boards & External Agencies 15.1. 1. Lower Trent Conservation, minutes - November 14, 2013 2. Police Services Board, minutes - October 30, 2013 Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 5 of 154 3. Brighton & District Chamber of Commerce, minutes - September 24, 2013 Recommended motion: That Council receives the reports of the Statutory Committees, Boards & external agencies: 1. Lower Trent Conservation, minutes - November 14, 2013 2. Police Services Board, minutes - October 30, 2013 3. Brighton & District Chamber of Commerce, minutes - September 24, 2013 16. Correspondence 16.1. Northumberland County resolution regarding changes to the current municipal governance structure & shared services Recommended motion: That Council 17. FYI Correspondence 17.1. 1. Ontario Municipal Partnership Fund (OMPF) redesign & program allocations for 2014 Recommended motion: That Council receives the following correspondence: 1. Ontario Municipal Partnership Fund (OMPF) redesign & program allocations for 2014 18. Question Period 19. In Camera Session 19.1. Acquisition of land being a subject regarding a proposed or pending acquisition or disposition of land by the municipality or local board pursuant to Section 239(2)(e) of the Municipal Act, 2001, as amended. Recommended motion: That Council now moves into Closed Session to consider: 1. Acquisition of land being a subject regarding a proposed or pending acquisition or disposition of land by the municipality or local board pursuant to Section 239(2)(e) of the Municipal Act, 2001, as amended. 20. Confirmatory By-Law 20.1. December 2, 2013 Confirmatory By-Law Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 6 of 154 By-Law of the Municipality of Brighton being a by-law to confirm the proceedings of the Council of the Municipality of Brighton meeting, held on December 2, 2013. Recommended motion: That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to confirm the proceedings of the Council of the Municipality of Brighton meeting, held on December 2, 2013. 21. Adjournment 21.1. December 2, 2013 Council meeting Recommended motion: That this meeting of the Municipality of Brighton Council be adjourned at _______ p.m. Council to meet again on Monday, December 16, 2013, or at the call of the Mayor. Agenda: Municipality of Brighton Council Meeting Monday, December 02, 2013 Page 7 of 154 Corporation of the Municipality of Brighton Council Meeting November 18, 2013 6:30 PM The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m. Mayor Mark Walas, Deputy Mayor Craig Kerr, Councillor Members Present: John Martinello, Councillor Tom Rittwage, Councillor Emily Rowley, Councillor Mary Tadman, Councillor Mike Vandertoorn Gayle Frost, CAO; Linda Widdifield, Director Finance & Staff Members: Administrative Services; Jim Millar, Director of Parks & Recreation; Ken Hurford, Manager of Planning Services; and Vicki Kimmett, Deputy Clerk 1. Call to Order November 18, 2013 Council meeting The meeting was called to order at 6:30 p.m. A quorum was present. 2. Approval of Agenda Agenda for the November 18, 2013 Council meeting Resolution No. 2013-694 Moved by Councillor Emily Rowley Seconded by Councillor Mary Tadman That Council approves the agenda for the November 18, 2013 Council meeting, as presented. Carried 3. Declarations of Pecuniary Interests and the General Nature Thereof • • 4. Announcements • • • 5. Councillor Mike Vandertoorn stated that in agenda item 10.9, if there was any discussion about bulk water rates, that he would not participate since he has a bulk water account Mayor Mark Walas stated that he would not participate in any discussion or vote regarding agenda items 5.1 and 5.2 since he was absent for most of the last Council meeting Councillor Emily Rowley congratulated everyone involved on the success of the Santa Claus parade. She also reminded everyone that the CP Holiday Train will be in Brighton on Thursday, November 28/13 Councillor Mike Vandertoorn spoke about the success of the Brighton YMCA's Celebration Day, and urged people to sponsor Councillor Tom Rittwage in his weight loss campaign Mayor Mark Walas spoke about the success of Light Up Brighton Adoption of Minutes 5.1. Council meeting minutes, November 4, 2013 Resolution No. 2013-695 Moved by Councillor Mary Tadman Seconded by Councillor Emily Rowley That Council approves the Council meeting minutes of November 4, 2013, as presented. Carried 5.2. Council meeting Closed Session minutes, November 4, 2013 Resolution No. 2013-696 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley Page 9 of 154 That Council approves the Council meeting Closed Session minutes of November 4, 2013, as presented. Carried 6. Statutory Public Meeting Pursuant to Section 34 of the Planning Act – None 7. Planning Issues – None 8. Delegations 8.1. Dave Sharp, Presqu'ile Point Lighthouse Preservation Society, with an update for Council Resolution No. 2013-697 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council receives the information from Dave Sharp, on behalf of the Presqu'ile Point Lighthouse Preservation Society, updating Council on the work of the Society, as presented; and refers the matter to the next Council meeting. Carried 8.2. John Russell, Executive Director, & Don Pearson, Vice Chair of the Campbellford Memorial Hospital Foundation with an update for Council and a request for funding Resolution No. 2013-698 Moved by Councillor Mary Tadman Seconded by Councillor Emily Rowley That Council receives the information from the Campbellford Memorial Hospital Foundation, and refers their funding request to the 2014 budget process. Carried 8.3. Rene Schmidt, The Beacon with a program update for Council and a request for funding Resolution No. 2013-699 Moved by Councillor Mike Vandertoorn Seconded by Councillor Tom Rittwage That Council receives the information from Rene Schmidt regarding the program of The Beacon, and refers their request for funding to the 2014 budget process. Carried 9. Citizen Comments Comments from the public at the November 18, 2013 Council meeting. • Roger McMurray spoke about the weather balloons to be considered in agenda item 10.4 • David Green spoke about the weather balloons • Ian Douglas spoke about the Cadets Corp's request to use Hilton Hall for training Resolution No. 2013-700 Moved by Councillor Mike Vandertoorn Seconded by Councillor Tom Rittwage That Council receives all citizen comments at the November 4, 2013 Council meeting. Carried November 18, 2013 Municipality of Brighton Council Meeting Page 2 of 8 Page 10 of 154 10. Staff Reports 10.1. Fire Department Monthly Report from Lloyd Hutchinson, Fire Chief Resolution No. 2013-701 Moved by Councillor John Martinello Seconded by Councillor Mike Vandertoorn That Council receives the Fire Department Activity Report for October 2013, as presented. Carried 10.2. Fire Prevention Report from Lloyd Hutchinson, Fire Chief Resolution No. 2013-702 Moved by Councillor John Martinello Seconded by Councillor Mike Vandertoorn That Council receives the Fire Prevention Report dated October 24, 2013, as information. Carried 10.3. Request for Hilton Hall Use by Brighton Army Cadets from Jim Millar, Director of Parks & Recreation Resolution No. 2013-703 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council receives the report from the Director of Parks and Recreation; and denies the request from the Brighton Army Cadets for use of the Hilton Hall for shooting training; and refers the matter to staff to investigate alternate municipal buildings. Carried 10.4. Request for Permission to Launch Weather Balloons from Jim Millar, Director of Parks & Recreation Resolution No. 2013-704 Moved by Councillor Tom Rittwage Seconded by Councillor Mike Vandertoorn That Council receives the report from the Director of Parks and Recreation as information and Council; and Grants Illinois State University in Champaign, Illinois permission to use the municipal property located at the Ontario Street Dock as part of their Ontario Winter Lake-effect Systems Experiment in December 2013 and January 2014. Carried 10.5. October 2013 Accounts Payable Report from Linda Widdifield, Director of Finance & Administrative Services Resolution No. 2013-705 Moved by Councillor Tom Rittwage Seconded by Councillor Mike Vandertoorn That Council receives the October 2013 Accounts Payable Report, in the amount of $1,474,795.47 as paid. Carried 10.6. Insurance Brokerage Services Report from Linda Widdifield, Director of Finance & Administrative Services Resolution No. 2013-706 Moved by Councillor Emily Rowley Seconded by Councillor Mary Tadman That Council appoints the insurance brokerage services of Newman, November 18, 2013 Municipality of Brighton Council Meeting Page 3 of 8 Page 11 of 154 Oliver, and McCarten for the five year period of December 1, 2013 – November 30, 2018. Carried 10.7. Third Quarter Financial Report from Linda Widdifield, Director of Finance & Administrative Services Resolution No. 2013-707 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council receives the Third Quarter Financial Report for 2013. Carried 10.8. 2013 Semi-Annual Contract Policing Cost Summary Report from Linda Widdifield, Director of Finance & Administrative Services Resolution No. 2013-708 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council receives the 2013 Semi-Annual Contract Policing Cost Summary Report and direct staff to transfer the $42,187.00 to the Public Safety Reserve to be utilized in future years. Carried 10.9. 2014 Fees and Charges Report from Linda Widdifield, Director of Finance & Administrative Services Resolution No. 2013-709 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council accepts the 2014 Fees and Charges Report and directs staff to prepare a By-law for the December 16, 2013 meeting. Carried 10.10. Request to Stop up, Close and Convey a Road Allowance from Ken Hurford, Manager of Planning Services Resolution No. 2013-710 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley Request to Stop up, Close and Convey a Road Allowance, Millar, Vanderlinde & Hunt Between Lots 35 and 36, Concession “C”, Municipality of Brighton That Council enacts a By-law: 1. To stop up, close and convey the Road Allowance between Lots 35 and 36, Concession “C”, south of Stoney Point South; and 2. To authorize the Mayor and the Clerk to execute such agreements and deeds to convey the said land to the adjacent land owners, being Calvin and Julianna Millar, George and Jacqueline Vanderlinde and Robert Hunt. Carried 10.11. Subdivision Agreement - Orchard Gate Subdivision Phase III from Ken Hurford, Manager of Planning Services Resolution No. 2013-711 Moved by Councillor Mike Vandertoorn Seconded by Councillor Tom Rittwage That Council enacts a By-law to authorize the Mayor and Clerk to enter into a Subdivision Agreement with 1628707 Ontario Limited for Phase III of the Orchard Gate Subdivision. Carried November 18, 2013 Municipality of Brighton Council Meeting Page 4 of 8 Page 12 of 154 10.12. Ontario Municipal Board Decision Regarding the Codrington Gravel Pit from Ken Hurford, Manager of Planning Services Resolution No. 2013-712 Moved by Councillor Mike Vandertoorn Seconded by Councillor Tom Rittwage That Council receives the report regarding the decision of the Ontario Municipal Board regarding the Codrington Gravel Pit. Carried M ayor W alas left Council Cham bers at 7:45 p.m . and returned at 7:47 p.m . 10.13. Appointment of Deputy Mayor – Dec. 2013 – Nov. 2014 from Gayle Frost, CAO/Clerk Resolution No. 2013-713 Moved by Councillor Emily Rowley Seconded by Deputy Mayor Craig Kerr That Council approves the appointment of a Deputy Mayor for the term of December 1, 2013 to November 30, 2014; and that Council through the nomination process select one of its members to serve as Deputy Mayor. Recorded Vote requested by: Councillor John Martinello For Mayor Mark Walas x Deputy Mayor Craig Kerr x Against Councillor John Martinello Abstain Absent COI 0 0 0 x Councillor Tom Rittwage x Councillor Emily Rowley x Councillor Mary Tadman x Councillor Mike Vandertoorn x 6 1 Carried Resolution No. 2013-714 Moved by Councillor Emily Rowley Seconded by Deputy Mayor Craig Kerr That Council appoints Councillor Mike Vandertoorn as Deputy Mayor, for the term December 1, 2013 to November 31, 2014. Recorded Vote requested by: Councillor Tom Rittwage For Mayor Mark Walas x Deputy Mayor Craig Kerr x Against Councillor John Martinello Abstain Absent COI 0 0 0 x Councillor Tom Rittwage x Councillor Emily Rowley x Councillor Mary Tadman x Councillor Mike Vandertoorn x 6 1 Carried 10.14. Council Direction Follow Up List Resolution No. 2013-715 Moved by Councillor John Martinello Seconded by Councillor Mike Vandertoorn That Council receives the November 18th, 2013 Council Direction Follow Up List as information. Carried November 18, 2013 Municipality of Brighton Council Meeting Page 5 of 8 Page 13 of 154 11. Notice of Motions & Motions 11.1. Notice of Motions: none 11.2. a) Motion: from Councillors Tom Rittwage & Emily Rowley regarding a Youth Advisory Committee Resolution No. 2013-716 Moved by Councillor Tom Rittwage Seconded by Councillor Emily Rowley To include Brighton's youth in the democratic process and promote better understanding of how municipal government works, Council directs staff to provide a report on the creation of a Youth Advisory Committee that will share similar status to existing advisory committees of the Municipality to commence in January 2014. Resolution No. 2013-717 Moved by Councillor Emily Rowley Seconded by Councillor Tom Rittwage That the motion be amended to replace "provide a report on the creation of a Youth Advisory Committee that will share similar status to existing advisory committee" with "consider the inclusion of Youth members to appropriate committees when vacancies arise". Carried Resolution No. 2013-718 Moved by Councillor Tom Rittwage Seconded by Councillor Emily Rowley To include Brighton's youth in the democratic process and promote better understanding of how municipal government works, Council directs staff to consider the inclusion of Youth members to appropriate committees, when vacancies arise, to commence in January 2014. Carried 12. Unfinished Business 13. By-Laws 13.1. By-Law No. 088-2013 of the Municipality of Brighton being a by-law to authorize the Mayor and the Clerk to execute a Service Agreement Addendum between LAS (Local Authority Services Ltd.) and the Municipality of Brighton regarding the provision of an investigator for Closed Session meetings. Resolution No. 2013-719 Moved by Councillor Tom Rittwage Seconded by Councillor Mike Vandertoorn That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to authorize the Mayor and the Clerk to execute a Service Agreement Addendum between LAS (Local Authority Services Ltd.) and the Municipality of Brighton regarding the provision of an investigator for Closed Session meetings. Recorded Vote requested by: Councillor John Martinello For Mayor Mark Walas Against Abstain Absent COI 0 0 0 x Deputy Mayor Craig Kerr x Councillor John Martinello x Councillor Tom Rittwage x Councillor Emily Rowley x Councillor Mary Tadman Councillor Mike Vandertoorn x x 4 3 Carried November 18, 2013 Municipality of Brighton Council Meeting Page 6 of 8 Page 14 of 154 Councillor Tom R ittw age left Council Cham bers at 8:06 p.m . and returned at 8:09 p.m . 13.2. By-Law No. 089-2013 of the Municipality of Brighton being a by-law to authorize the Mayor and the Clerk to execute an agreement between the Corporation of the Municipality of Brighton and 1628707 Ontario Limited regarding property in the Orchard Gate Subdivision, described as Part of Block 33 on Registered Plan No. 39M-841, in the former Town of Brighton, now in the Municipality of Brighton, County of Northumberland. (Reference agenda item 10.11) Resolution No. 2013-720 Moved by Councillor Mike Vandertoorn Seconded by Councillor Tom Rittwage That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to authorize the Mayor and the Clerk to execute an agreement between the Corporation of the Municipality of Brighton and 1628707 Ontario Limited regarding property in the Orchard Gate Subdivision, described as Part of Block 33 on Registered Plan No. 39M-841, in the former Town of Brighton, now in the Municipality of Brighton, County of Northumberland. (Reference agenda item 10.11) Carried 13.3. By-Law No. 090-2013 of the Municipality of Brighton being a by-law to stop up, close, and convey a portion of the Road Allowance between Lots 35 and 36, Concession "C", south of Stoney Point Road South, Municipality of Brighton. (Reference agenda item 10.10) Resolution No. 2013-721 Moved by Councillor Mike Vandertoorn Seconded by Deputy Mayor Craig Kerr That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to stop up, close, and convey a portion of the Road Allowance between Lots 35 and 36, Concession "C", south of Stoney Point Road South, Municipality of Brighton. (Reference agenda item 10.10) Carried 14. Reports of Advisory Committees of Council 1. Brighton Economic Development Committee, minutes - October 30, 2013 2. Civic Awards Committee, minutes - November 5, 2013 Resolution No. 2013-722 Moved by Councillor Mike Vandertoorn Seconded by Deputy Mayor Craig Kerr That Council approves the following Advisory Committee minutes, and the recommendations contained therein: 1. Brighton Economic Development Committee, minutes - October 30, 2013 2. Civic Awards Committee, minutes - November 5, 2013 Carried 15. Reports of Statutory Committees, Boards & External Agencies 1. 2. 3. 4. Bay of Quinte Tourism, minutes - September 4, 2013 Brighton DBIA, minutes - October 2, 2013 Northumberland County Council, minutes - September 18, 2013 QEDC, minutes - June 25, 2013 November 18, 2013 Municipality of Brighton Council Meeting Page 7 of 8 Page 15 of 154 Resolution No. 2013-723 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council receives the reports of the Statutory Committees, Boards & external agencies: 1. Bay of Quinte Tourism, minutes - September 4, 2013 2. Brighton DBIA, minutes - October 2, 2013 3. Northumberland County Council, minutes - September 18, 2013 4. QEDC, minutes - June 25, 2013 Carried 16. Correspondence 17. FYI Correspondence 18. In Camera Session 19. Question Period • • 20. Roger McMurray asked a question about the Quarterly Summary Adrian Ellis asked had questions about the LAS by-law Confirmatory By-Law No. 091-2013 20.1. November 18, 2013 Confirmatory By-Law By-Law of the Municipality of Brighton being a by-law to confirm the proceedings of the Council of the of Brighton meeting held on November 18, 2013. Resolution No. 2013-724 Moved by Deputy Mayor Craig Kerr Seconded by Councillor Emily Rowley That Council gives a By-Law its first, second, and third reading, and finally passed this date: Being a by-law to confirm the proceedings of the Council of the Municipality of Brighton meeting held on November 18, 2013. Carried 21. Adjournment November 18, 2013 Council meeting Resolution No. 2013-725 Moved by Councillor Mary Tadman Seconded by Councillor Emily Rowley That this meeting of the Municipality of Brighton Council be adjourned at 8:20 p.m. Council to meet again on Monday, December 2, 2013, or at the call of the Mayor. Carried Mark A. Walas, Mayor November 18, 2013 Gayle J. Frost, CAO/Clerk Municipality of Brighton Council Meeting Page 8 of 8 Page 16 of 154 REZONING PUBLIC MEETING This evening we have one public meeting regarding a requested amendment to the Municipality’s Comprehensive Zoning By-law. 1. PURPOSE OF THE FIRST STATUTORY PUBLIC MEETING The purpose of the public meeting is to request comments on a proposed Zoning Bylaw Amendment for the following application: File No: Applicant: Location: Z09-2013 Mike and Rosemary Bannister Part of Lot 30, Concession 1, 101 Bauer Road a) Notice of Meeting Mr. Hurford - By what method and on what date was notice of this proposed by-law given? Notice of this public meeting regarding the proposed zoning by-law amendment was sent by first class mail on November 8th, 2013, to all property owners within 120 metres of the subject property. Notice was also circulated to all the agencies required under the Planning Act. In addition, a sign notice was also posted on the property. b) Purpose of the Proposed Zoning By-law Mr. Hurford - Would you explain the purpose and reason for the proposed zoning bylaw amendment and what it would accomplish? Zoning Amendment Application (Z09/2013) was submitted by Mike and Rosemary Bannister, property owners of 101 Bauer Road. The rezoning application requests that a proposed severed lot be rezoned from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. The application for severance, B08/2013 will also be considered at the December 2nd, 2013 meeting of Council. The requested rural residential lot would have an area of 0.89 hectares (2.19 acres). As noted the subject lands are currently zoned Rural Exception No. 1 (RU-1) Zone. There is also an area of Floodprone Overlay Zone along a small watercourse in the south part of the retained parcel. The requested rezoning would change the zoning of the severed parcel to the Rural Residential (RR) Zone to allow for the construction of a single detached dwelling. c) Does the Applicant or an Agent wish to make any comments? Page 17 of 154 d) Are there persons present who have questions or comments regarding the proposed rezoning? e) Are there any questions or comments regarding the proposed rezoning from Members of Council? f) Does the Applicant or an Agent wish to make any final comments? g) Mr. Hurford, do you have any final comments? Page 18 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Ken Hurford, Manager of Planning Services Reviewed By: Gayle Frost, CAO Department: Planning Services Subject/Title: Consent Application B08/2013 & Rezoning Z09/2013 Mike and Rosemary Bannister Recommendation: 1. That Council grants provisional consent to application B08/2013 subject to the following conditions: 1. That the severed parcel be rezoned to the Rural Residential (RR) Zone; 2. That the applicant shall lay out and dedicate by deed to the Municipality of Brighton a strip of land ensuring 10.0 metres (33 feet) from the centreline of Bauer Road along the frontage of the severed and retained parcels for road widening purposes and an appropriately sized area to recognize the location of the cul-de-sac at the end of Bauer Road; 3. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality; 4. That all taxes on the severed and retained parcels be in compliance with Municipal requirements prior to the deed being stamped; and 5. That three paper copies and a digital copy of a registerable survey and the appropriate deeds be prepared and deposited with the Municipal Clerk within one year of the granting of consent. 2. That Council enact a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, in the County of Page 19 of 154 Northumberland, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. Background/Purpose: The purpose of Consent Application B08/2013 submitted by Mike and Rosemary Bannister, property owners of 101 Bauer Road is to request the creation of one new residential lot with an area of 0.89 hectares (2.19 acres). The subject lands are located in Part of Lot 30, Concession 1, along the east side of Bauer Road and extend beyond the existing turnaround at the end of Bauer Road. In the Municipal Comprehensive Zoning By-Law (No. 140-2002) the subject lands are located in the Rural Exception No. 1 (RU-1) Zone with Floodprone Overlay on the south portion of the lands. The lands subject to Consent Application B08/2013 are also subject to Rezoning Application Z09/2013 which is scheduled for a public meeting at the Council meeting on the same evening, December 2, 2013. The details of the proposed severance as set out in the following table: Frontage on Bauer Road Depth Area Severed 45 metres (147.6 ft.) 197.76 metres (648.8 ft.) 0.89 hectares (2.19 acres) Retained 90 metres (295.0 ft.) 197.76 metres (648.8 ft.) 14.49 hectares (35.8 acres) As noted, the subject lands are currently zoned Rural Exception No. 1 (RU-1) Zone with Floodprone Overlay Zone in the south part of the retained parcel. The requested rezoning would change the zoning of the severed parcel to the Rural Residential (RR) Zone to allow for the construction of a single detached dwelling. The permitted uses and provisions of the zones, other than that stated would still apply as set out in ByLaw 140-2002, as amended. Analysis/Comments: Official Plan The lands subject to this application are designated as Rural Area in the Official Plan of the former Township of Brighton. Section 6.17.1 of the Official Plan states that: The Rural Area designation on Schedule "A" and Schedule "A-1" is designed for areas which generally have soils with a lower capability for agriculture than lands in the Agricultural Area designation, and which therefore are not as essential for the maintenance and protection of an environment conducive to a strong agriculture industry in the Township. As a result, lands in the Rural Area designation can accommodate a greater range of rural uses in addition to agriculture, including nonfarm rural residential uses. Page 20 of 154 Section 6.17.3 of the Official Plan sets out a number of secondary uses that may be permitted in the Rural Area. Specifically Section 6.17.3 xii states that secondary uses, which may be permitted in the Rural Area designation, include: xii. A non-farm residential or estate lot or lots for one single detached, semi-detached or duplex dwelling on each lot, subject to the policies of Section 7 and an amendment to the Zoning By-law. Zoning By-law The subject property is zoned Rural Exception No. 1 (RU-1) in the Comprehensive Zoning By-law (No. 140-2002, as amended). In the southern portion of the subject lands there is an area of Floodprone Overlay Zone along a small watercourse. The minimum lot area and lot frontage requirements of the RU-1 Zone are 1.2 hectares and 45 metres respectively. The lot to be retained will comply with these minimum zone provisions however the lot to be severed would have to be rezoned to the Rural Residential (RR) Zone if consent is granted. No change to the area subject to the Floodprone Overlay Zone is proposed. Agency Comments Notice of the consent application and the rezoning application was circulated to a number of agencies for review. As of the date of this report, the local Health Unit has contacted us by telephone to advise that they have no objections to the proposed severance and rezoning. We have also received a response from Lower Trent Conservation; they state that they have no concerns. Should any other comments be received prior to the December 2nd meeting of Council, they will be brought forward at that time. Conclusion The intent of the proposed consent application is the creation of one rural residential lot on which one new single detached dwelling could be constructed. Consent application B08/2013 generally conforms to the policies of the Official Plan of the former Township of Brighton. As such it would be appropriate for Council to grant provisional consent to this application, subject to a number of conditions. Attachments: Location Map Lower Trent Letter – November 25, 2013 Page 21 of 154 Page 22 of 154 PLANNING (CONSENT) DELEGATIONS 1. 1. File No: Applicant: Location: B08/2013 Mike and Rosemary Bannister Part of Lot 30, Concession 1, 101 Bauer Road Notice of Application Mr. Hurford - By what method and on what date was notice of this consent application given? Notice of this Consent Application was sent by first class mail on November 8th, 2013 to all property owners within 120 metres of the subject property. The application was also circulated to all appropriate agencies as required under the Planning Act. A sign notice was also posted on the property. 2. Purpose of the Consent Application Mr. Hurford - Would you explain the background information regarding this application? The purpose of Consent Application B08/2013 submitted by Mike and Rosemary Bannister, property owners of 101 Bauer Road is to request the creation of one new residential lot with an area of 0.89 hectares (2.19 acres). The subject lands are located on the east side of Bauer Road and extend beyond the existing turnaround at the end of Bauer Road. In the Municipal Comprehensive Zoning By-Law (No. 140-2002) the subject lands are located in the Rural Exception No. 1 (RU-1) Zone with Floodprone Overlay on the south portion of the lands. The lands subject to Consent Application B08/2013 are also subject to Rezoning Application Z09/2013 which is scheduled for a public meeting at the Council meeting on the same evening, December 2, 2013. The details of the proposed severance as set out in the following table: Frontage on Bauer Road Severed 45 metres (147.6 ft.) Retained 90 metres (295 ft.) Depth 197.76 metres (648.8 ft.) 197.76 metres (648.8 ft.) Area 0.89 hectares (2.19 acres) 14.49 hectares (35.8 acres) 3. Does the applicant or the agent wish to make any comments? 4. Are there persons present who have comments or questions regarding this consent application? 5. Does Council have comments or questions? 6. Does the Applicant or the Agent wish to make any final comments? 7. Mr. Hurford do you have any additional comments? 8. Does Council wish to make a decision at this time on this Application? Page 23 of 154 CORPORATION OF THE MUNICIPALITY OF BRIGHTON BY-LAW NUMBER ___-2013 Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. WHEREAS By-law No. 140-2002, as otherwise amended, the "Comprehensive Zoning By-law" of the Municipality of Brighton was passed under the authority of Section 34 of the Planning Act, R.S.O., 1990, as amended; AND WHEREAS the Council of the Corporation of the Municipality of Brighton has received an application to amend By-law No. 140-2002 as it applies to certain lands in Part of Lot 30, Concession 1, with a civic address of 101 Bauer Road; AND WHEREAS the Council of the Corporation of the Municipality of Brighton conducted a public meeting in regard to this application, as required by Section 34(12) of the Planning Act, R.S.O., 1990, as amended; AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it expedient to amend By-law No. 140-2002, as otherwise amended, with respect to the above described lands, and under the provisions of Section 34 of the Planning Act, R.S.O., 1990, as amended, has the authority to do so. NOW THEREFORE, the Municipal Council of the Corporation of the Municipality of Brighton ENACTS AS FOLLOWS: 1. THAT Schedule "A", Map 16 to By-law No. 140-2002, as amended, is hereby further amended by changing the zoning category of certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone as shown on Schedule "A" attached hereto and by this reference forming part of this By-law. 2. THAT By-law No. 140-2002, as amended, shall, except as set out in the foregoing, remain in full force and effect. 3. THAT this By-law shall come into force on the date it is passed by the Council of the Corporation of the Municipality of Brighton, subject to the applicable provisions of the Planning Act, R.S.O., 1990, as amended. Read a first and second time, read a third time and finally passed this 2nd day of December, 2013. _______________________________ Mark A. Walas, Mayor _______________________________ Gayle J. Frost, C.A.O./Clerk Page 24 of 154 Page 25 of 154 Page 26 of 154 Page 27 of 154 ACCESSIBILITY ADVISORY COMMITTEE ANNUAL REPORT DECEMBER 2013 MEMBERS: COUNCILLORS: SUPPORT STAFF: Peter Alker, Sandy Fawcett-Kovacs, Linda Granger, Liz Riel, Nicole Vresswyk, April Plumton John Martinello and Mary Tadman Ken Hurford, Manager of Planning Services, Pat Johnston, Committee Secretary The Accessibility Advisory Committee met 7 times in 2013 – January 25, April 19, May 24, June 21, September 6, October 18 and November 8 ACCOMPLISHMENTS: Recommended that Public Works Staff work at developing a consistent and timely plan for snow and ice removal for downtown core streets and sidewalks Recommended an update to the existing Parking Bylaw to address on-street parking during winter months Recommended that 2007-08 Accessibility Plan be updated by a student intern with consultation with Accessibility Advisory Committee. Request that a member of the Accessibility Advisory Committee be included on Building Task Committee for the 35 Alice Street renovations. Three members of the committee attended Accessibility Advisory Committee Forum May, 2013 in Toronto titled “Engaging Effectively with your Community”, presented by The Ontario Municipal Social Services Association, in partnership with the Accessibility Directorate of Ontario Implemented a Resolution Tracker for committee use Recommended that there be a voluntary list prepared of persons with disabilities who would need assistance in an emergency evacuation Recommended investigation for assistance, with funding for businesses that might be interested in using a “suitcase ramp” to make their businesses accessible Attended the September 3rd, 2013 meeting of Council to request better communication between Council and the Accessibility Advisory Committee regarding the minutes and resolutions passed in the minutes to Council. Page 28 of 154 Requested that the public washroom at 35 Alice Street be renovated for handicap use to meet or exceed the Accessibility Standards in the Ontario Building Code Members of the Committee attended October 24th meeting in Cobourg on the Northumberland Forum titled “Are You Ready”. Prepared Brighton Accessibility Day on September 20th that originated at King Edward Arena and had several volunteers take part in activities using wheelchairs and other pieces of equipment. Two members of the Committee took part in a presentation with pictures to the Downtown Business Improvement Association on accessibility concerns regarding the “barriers” that restrict clear passage along Main Street. Achieved the placement of more usable handicapped parking spaces on the south side of 35 Alice Street with the assistance of the Public Works staff. This was done by realignment of parking spaces, clear marking of the sidewalk area between the Fire Hall and Municipal Office and relocation of enlarged handicap spaces to the street side of the parking lot. Recommended to Council that a minimum of $50,000.00 be spent on sidewalk repair to start catch back effects of previous underspending, and $50,000.00 be spent on new sidewalks. Tenders were placed and the sidewalk repairs and new sidewalk placement with the urban areas is ongoing at this time. Consulted with the Recreation and Parks Department on their plans for the Codrington Walking Trail and upgrades to King Edward Park including bridge access for wheel chairs to the soccer fields Prepared November 2013 Page 29 of 154 Municipality of Brighton Asset Management Plan Page 30 of 154 James Burn, B.Sc., C.E.T. December 2013 Outline Brighton’s Infrastructure Portfolio 2013 State of Infrastructure Future Infrastructure Needs Page 31 of 154 Advancing Brighton’s Asset Management Brighton’s Infrastructure Portfolio A snapshot of what you own Page 32 of 154 Portfolio Overview Sanitary (9.39%) Sidewalk (1.14%) Stormwater (3.89%) Water (13.81%) Total Value: Bridges (7.09%) Road (38.98%) Page 33 of 154 Buildings (10.38%) Equipment (1.87%) Lights (0.6%) Land (5.09%) Fleet (2.07%) Approx. $205M (replacement) Asset Summary (1 / 2) Water System Approx. 50 km mains 2354 services 649 valves 277 hydrants Sanitary System Approx. 37 km mains 2298 connections 650 maintenance holes Page 34 of 154 Storm System Approx. 19 km mains 86 catch basins 99 maintenance holes Asset Summary (2 / 2) Transportation System Approx. 205 km roads 39 bridges 634 lights Approx. 22 km sidewalks Other Assets 97 land parcels 35 facilities (& components) Equipment Fleet Page 35 of 154 2013 State of Infrastructure The condition of your infrastructure Page 36 of 154 Your Report Card Water Roads Sanitary Sewer Bridges Storm Sewer OVERALL Page 37 of 154 No score is available for Lights, Sidewalks, Buildings, Equipment or Fleet. Land is not assessed. Page 38 of 154 Segment Age (0 km) Unknown Age (0.2 km) 51-55 Years (3.4 km) 46-50 Years 10 (6.7 km) 15 41-45 Years (25.8 km) 36-40 Years (0.2 km) 31-35 Years (0.1 km) 26-30 Years (3.3 km) 21-25 Years (1.9 km) 16-20 Years (2.4 km) 25 11-15 Years (1.2 km) 6-10 Years (4.4 km) 1-5 Years Total Length (km) Water – Inventory Age by Length 30 Percent of Inventory: • 53% by cost • 51% by length 20 Percent of Inventory: • 72% by cost • 74% by length 5 0 Water – Risk Profile 1.00 0.90 Likelihood of Failure (Age/Expected Life) 0.80 0.70 0.60 0.50 0.40 0.30 0.20 Page 39 of 154 0.10 0.00 0 100 200 300 400 Diameter (mm) 500 600 700 Page 40 of 154 Segment Age 0 (0 km) Unknown Age (0 km) 51-55 Years (5 km) 46-50 Years (2.2 km) 10 41-45 Years (19.7 km) 36-40 Years (0.4 km) 31-35 Years (1.2 km) 26-30 Years (2.1 km) 21-25 Years (2.1 km) 16-20 Years (1.5 km) 20 11-15 Years (1 km) 6-10 Years (1.2 km) 1-5 Years Total Length (km) Sanitary – Inventory Age by Length 25 Percent of Inventory: • 53% by cost • 54% by length 15 Percent of Inventory: • 74% by cost • 74% by length 5 Sanitary – Risk Profile 1.00 0.90 Likelihood of Failure (Age/Expected Life) 0.80 0.70 0.60 0.50 0.40 0.30 0.20 Page 41 of 154 0.10 0.00 0 100 200 300 400 500 Diameter (mm) 600 700 800 900 Page 42 of 154 Segment Age 0 (0 km) Unknown Age (0 km) 51-55 Years (0.9 km) 2 46-50 Years 3 (1.9 km) 4 41-45 Years (6.9 km) 36-40 Years (0.6 km) 31-35 Years (0.3 km) 26-30 Years (1.1 km) 21-25 Years (1.9 km) 16-20 Years 6 (1.7 km) 7 11-15 Years (1.1 km) 6-10 Years (2.2 km) 1-5 Years Total Length (km) Storm – Inventory Age by Length 8 Percent of Inventory: • 48% by cost • 37% by length 5 Percent of Inventory: • 67% by cost • 52% by length 1 Storm – Risk Profile 1.00 0.90 Likelihood of Failure (Age/Expected Life) 0.80 0.70 0.60 0.50 0.40 0.30 0.20 Page 43 of 154 0.10 0.00 0 200 400 600 800 Diameter (mm) 1000 1200 1400 1-5 Years Page 44 of 154 0 Segment Age Unknown Age (0 km) 66+ Years (2.7 km) 61-65 Years (2.6 km) (0.2 km) 56-60 Years (0.2 km) 51-55 Years (2.1 km) 46-50 Years (2.6 km) 41-45 Years (11.1 km) 36-40 Years (5.5 km) 31-35 Years (1.9 km) 26-30 Years (9.2 km) 21-25 Years (11.4 km) 16-20 Years (15.7 km) 11-15 Years (79.1 km) 6-10 Years (61.8 km) Total Length (km) Roads – Inventory Age by Length 90 80 70 60 50 40 30 20 10 Roads – Risk Profile 80 70 RNS Priority Rating 60 50 40 30 20 Page 45 of 154 10 0 0 500 1000 1500 2000 2500 AADT 3000 3500 4000 4500 Bridges – Number by Year Built 5 Number of Bridges Built 4 3 2 1 Page 46 of 154 0 Construction Year Bridge – Risk Profile Data was unavailable for analysis. 0 10 20 Bridge Condition Index 30 40 50 60 70 80 Page 47 of 154 90 100 0 5 10 15 Length (m) 20 25 30 OSIM specifies the risk profile segments on the basis of BCI as shown. Page 48 of 154 Age of Lighting (Years) Unknown Years 51-55 Years 46-50 Years 41-45 Years 36-40 Years 31-35 Years 26-30 Years 21-25 Years 16-20 Years 11-15 Years 6-10 Years 1-5 Years Number of Lights Streets & Traffic Lights – Age 200 180 160 140 120 100 80 60 40 20 0 Page 49 of 154 Age of Equipment (Years) Unknown Years 56 Years and Above 51-55 Years 46-50 Years 41-45 Years 36-40 Years 31-35 Years 26-30 Years 21-25 Years 16-20 Years 11-15 Years 6-10 Years 1-5 Years Number of Assets Land, Buildings & Equipment 30 25 20 15 10 5 0 Land, Buildings & Equipment 30 Number of Assets 25 20 15 10 5 Page 50 of 154 0 Percent (Age / ESL) Range Fleet 30 $3.0 Count $2.5 Replacement Cost 20 $2.0 15 $1.5 10 $1.0 5 $0.5 Page 51 of 154 0 $0% - 5% 5% - 10% 10% - 25% 25% - 50% 50% - 75% Percentage (Age / ESL) Range 75% - 95% 95% - 100% 100% + Replacement Cost of Vehicles ($M) Number of Vehicles 25 Future Infrastructure Needs Staying ahead of the curve Page 52 of 154 Asset Management Strategy Three (3) priority renewal / rehabilitation projects have been identified Six (6) priority replacement projects have been identified One (1) priority expansion project has been identified Page 53 of 154 It is recommended to track condition & intervention data over time to improve planning capabilities $6 $4 $2 $2 Estimated Investment ($M) $8 Storm System Year $10 $8 $- Year 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Water System Estimated Investment ($M) 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Estimated Investment ($M) $10 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 $4 Page 54 of 154 $6 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Estimated Investment ($M) Age-based Replacement Schedule $$10 $8 $6 $4 $2 $- Sanitary System Road Network Year $10 $8 $6 $4 $2 $- Year $5 $4 $3 $2 $1 $3 $2 $1 Estimated Investment ($M) $6 Lighting Year $6 $5 $- Year 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Bridges Estimated Investment ($M) 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Estimated Investment ($M) $7 $- $7 Land, Facilities, Equipment Year 2014 2019 2024 2029 2034 2039 2044 2049 2054 2059 2064 2069 2074 2079 2084 2089 2094 2099 2104 2109 $4 Page 55 of 154 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Estimated Investment ($M) Age-based Replacement Schedule $7 $6 $5 $4 $3 $2 $1 $- Sidewalks Year $7 $6 $5 $4 $3 $2 $1 $- Page 56 of 154 FULL PORTFOLIO 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Fleet Estimated Investment ($M) 2014 2018 2022 2026 2030 2034 2038 2042 2046 2050 2054 2058 2062 2066 2070 2074 2078 2082 2086 2090 2094 2098 2102 2106 2110 Estimated Investment ($M) Age-based Replacement Schedule $2 $1 $- Note: This graph reflects lifecycle estimates that should be refined and improved in time. Year $25 $20 $15 $10 $5 $- Year Financial Strategy Tax Rate Water Wastewater Page 57 of 154 2013 2023 2115 Advancing your Asset Management Next steps in pulling the pieces together Page 58 of 154 Recommendations Improving data management strategies, tools & techniques Selection & implementation of AM software tools Continuing implementation of O&M activities, tracking outcomes, & correlating expenditures with asset performance Page 59 of 154 QUESTIONS? Page 60 of 154 For additional information: George Illaszewicz, M.A.Sc., P.Eng., PMP Asset Management Engineer Associated Engineering (Ont.) Ltd. Suite 800, 304 The East Mall Toronto, Ontario M9B 6E2 Page 61 of 154 Associated Engineering (Ont.) Ltd. Suite 800, 304 The East Mall Toronto, Ontario M9B 6E2 James Burn, B.Sc., C.E.T. Senior Applied GIS Specialist Phone: 416-622-9502 ext. 235 Email: illaszewiczg@ae.ca Phone: 416-622-9502 ext. 258 Email: burnj@ae.ca www.ae.ca Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Ken Hurford, Manager of Planning Services Reviewed By: Gayle Frost, CAO Department: Planning Services Subject/Title: Source Water Protection Funding – Grant Funding Agreement with the Ministry of the Environment Recommendation: 1. THAT the Manager of Planning’s staff report dated December 2, 2013 regarding the Source Protection Funding – Grant Funding Agreement (Ministry of Environment - MOE) be received; and, 2. THAT Council enacts a By-law to authorize the Mayor and the Clerk to execute on behalf of the Municipality of Brighton a Grant Funding Agreement for the Source Protection Municipal Implementation Fund with the Ministry of Environment (MOE) as per Attachment 3 to the Planning Staff Report. Background/Purpose: Source Protection Committees for the Trent Coalition together with their respective conservation authorities (including Lower Trent Conservation) have undertaken detailed Assessment Reports and Plans for Source Protection of municipal wells and intakes that affect the numerous local communities including: Brighton, Cramahe, Alnwick /Haldimand, Trent Hills, Quinte West and Stirling. The Trent Coalition including the Municipality of Brighton, along with the other member municipalities and many other municipalities have proactively petitioned the Province Page 62 of 154 for funding to assist in the implementation of Source Protection Plans, the approvals of which by the Minister of Environment are expected in the next few months. Analysis/Comments: In response, the Province of Ontario has committed $13.5 million in the 2013 budget to work in partnership with small, rural municipalities to protect the quality and quantity of their drinking water supply sources. The Source Protection Municipal Implementation Fund provides one-time funding to offset a portion of the costs for small, rural municipalities in preparing to implement and implementing source protection plans. Staff’s understanding is that the source protection funding from MOE can go toward, among other things, establishing and enforcing risk management plans, developing detailed policies and mapping to implement the Source Protection Plans as well as education and outreach regarding source protection. A more complete description of the eligible costs related to eligible activities is provided within Section 6 of Attachment #2. Staff is seeking Council approval for the Mayor and Clerk to execute the attached Grant Funding Agreement with the Ministry of Environment for Source Protection Funding. Financial Implications: Utilizing a formula that considered several factor’s (see Section 3 of Attachment #2), MOE has allocated $60,884 to the Municipality of Brighton plus another maximum $15,000 collaboration incentive. Attachments: #1 - Email from MOE dated November 1, 2013 #2 - Source Protection Municipal Implementation Fund Guide provided by MOE #3 - Grant Funding Agreement between MOE & the Municipality of Brighton Page 63 of 154 From: Source Protection Funding (ENE) [mailto:SourceProtectionFunding@ontario.ca] Sent: Friday, November 01, 2013 10:50 AM To: Gayle Frost Subject: Provincial funding available to your municipality for drinking water protection - Source Protection Municipal Implementation Fund Please find attached a Grant Funding Agreement that offers provincial funding to your municipality. Your municipality is asked to respond to this offer by December 13, 2013. Ontario committed $13.5 million in the 2013 budget to work in partnership with small, rural municipalities to protect the quality and quantity of their drinking water supply sources. The Source Protection Municipal Implementation Fund provides one-time funding to offset a portion of the costs for small, rural municipalities in preparing to implement and implementing source protection plans. More information on the fund, including frequently asked questions and a list of eligible municipalities, is available on our website. The agreement attached to this email specifies the amount of the grant available to your municipality. To accept this funding, please: 1. Complete section 11.1 of the Grant Funding Agreement by typing in the address of your municipality, the contact name and contact information; 2. Have the agreement signed by at least one individual with the authority to bind the municipality; 3. Return two original signed copies and your certificate of insurance to the address below by December 13, 2013. Ministry of the Environment Source Protection Programs Branch 40 St. Clair Avenue W. 14th Floor Toronto, ON M4V 1M2 Attn: Paul Heeney, Manager, Source Protection Implementation You’re invited to join an online session by teleconference and webinar to learn more about the fund. The information session will take place at 1 p.m. E.D.T. on November 13, 2013. If you would like to attend, please RSVP to SourceProtectionFunding@Ontario.ca so we can send you the teleconference and webinar details. For more information please contact us: Page 64 of 154 Email: SourceProtectionFunding@Ontario.ca Please include the following in the subject line to help us assist you, “SPMIF – Name of your Municipality” Telephone: In the Greater Toronto Area: 416-325-4000 Toll-free: 1-800-565-4923 TTY in the Greater Toronto Area: 416-326-9236 TTY Toll-free: 1-800-515-2759 Page 65 of 154 Source Protection Municipal Implementation Fund Guide Page 66 of 154 T he goals of the Source Protection Municipal Implementation Fund are to help build municipal capacity to implement source protection plans and support sustainable, local actions to protect drinking water. This guide explains which municipalities are eligible for funding, how funding is allocated, the ways that funds can be used, and what eligible municipalities need to do to receive funds. Ontario is committed to protecting drinking water from source to tap. The Clean Water Act, 2006 enables communities to protect their drinking water sources through the preparation of collaborative, locally developed, science-based assessment reports and source protection plans. Municipalities have a key role to play in implementing these plans. The Source Protection Municipal Implementation Fund provides one-time funding to offset a portion of the costs for small, rural 2. Who is eligible for funding? Funding is being provided to municipalities that meet all four of the following criteria: • The municipality is located in a source protection area as defined by the Clean Water Act, 2006 (southern Ontario map, northern Ontario map); • The municipality contains vulnerable areas identified by the local source protection committee (and identified in approved assessment reports) where there could be significant drinking water threats; • 25% or more of the municipality’s population is living in a rural area, according to the Rural and Small Community Measure; or the municipality’s population is under 100,000 and the municipality is required to implement policies pertaining to Part IV, sections 57 and/or 58 of the Clean Water Act, 2006; and • An approved or proposed source protection plan that has been submitted for approval, specifies that the municipality is required to implement one or more of the following significant drinking water threat policies: –Policies for the purpose of Part IV of the Clean Water Act, 2006; –Policies that govern Planning Act decisions; –Policies that establish education and outreach programs; or –Policies that specify other types of actions the municipality is required to take. municipalities. 1. Why did my municipality receive a Grant Funding Agreement? Municipalities that are eligible for funding have received a proposed Grant Funding Agreement from the Province. The maximum grant your municipality can receive is identified in Section 1.1 of the Grant Funding Agreement, under “Maximum Funds”. (Note that this amount includes the maximum available collaboration incentive. More details are provided under question 4 below). Source Protection Municipal Implementation Fund Guide 2 Page 67 of 154 A list of eligible municipalities is available on the Ministry’s website. 3. How much funding is each municipality receiving? one of the following amounts: $5,000 for collaborating with one to two other municipalities; or $10,000 for collaborating with three other municipalities; or $15,000 for collaborating with four or more other municipalities. The incentive is available to each eligible municipality that meets the following criteria: In total, $13.5 million is available through the Source Protection Municipal Implementation Fund to eligible municipalities over three years. • Municipal collaborators are located in a source protection area and have vulnerable areas where activities could be a significant drinking water threat; Funding allocations for each eligible municipality were calculated using a formula that considered: • Collaboration activities are related to the eligible activities listed in this guide and the grant funding agreement; and • Collaboration activities take place within a reasonable time frame. • Each municipality’s weighted assessment per household; • The number of drinking water threats in each municipality; • The types of significant drinking water threat policies the municipality is required to implement; and • The number of municipalities with which a municipality collaborates (i.e., collaboration incentive). Please see Appendix A for more information on the formula. 4. How much can my municipality receive for collaborating with other municipalities? Municipalities are encouraged to collaborate and receive up to $15,000 additional. Your municipality can receive Source Protection Municipal Implementation Fund Guide For example, collaboration could involve five municipalities working together in an arrangement where one municipality performs duties related to risk management plans on behalf of all of the municipalities. 5. How can my municipality qualify for the collaboration incentive? To qualify for the collaboration incentive, please include a collaboration statement with your first progress report to the Province by December 12, 2014. The Province will determine the amount of your municipality’s collaboration incentive based on the collaboration statement. The information to be included in the collaboration statement is set out in the Grant Funding Agreement. 3 Page 68 of 154 6. For what purposes can my municipality use the funds? Funding from the Source Protection Municipal Implementation Fund may only be used toward eligible costs related to eligible activities that your municipality undertakes to fulfill its requirements to implement significant drinking water threat policies specified in an approved or proposed source protection plan that has been submitted for approval. Eligible Activities: Specifically, eligible activities are those undertaken by your municipality, or on your municipality’s behalf, between December 13, 2013 and December 7, 2015 that are directly related to the following: Education and outreach • Other activities • Working with the local source protection authority and local source protection committee to understand your municipality’s requirements under the source protection plan; • Developing and/or modifying your municipality’s business processes in order to implement significant drinking water threat policies; • Establishing processes for information sharing among municipalities and source protection authorities; • Developing a reporting framework for your municipality that aligns with the collection of data under section 65 of Ontario Regulation 287/07, made under the Clean Water Act, 2006; and • Other activities your municipality undertakes to fulfill its requirements to implement significant drinking water threat policies. Risk management • Establishing and enforcing risk management plans under Part IV of the Clean Water Act, 2006; • Communication with landowners affected by policies pertaining to Part IV of the Clean Water Act, 2006; • Refining the number of threats within your municipality pertaining to Part IV of the Clean Water Act, 2006; Land use policies • Implementing your municipality’s municipal land-use planning policies related to activities that are identified as significant drinking water threats; Source Protection Municipal Implementation Fund Guide Implementing education and outreach policies to address significant drinking water threats; Ineligible Activities: Activities for which funding from the Source Protection Municipal Implementation Fund may not be used include: • Refining the number of threats within your municipality not pertaining to Part IV of the Clean Water Act, 2006; • Threat refinement work already funded by the Province through source protection authorities; 4 Page 69 of 154 • Activities that are already funded through another program, funding body, partners, or other means; • Activities that are funded by the Source Protection Municipal Implementation Fund through another municipality; • Fulfilment of your municipality’s responsibilities as a property owner undertaking activities identified as significant drinking water threats; • • Fulfilment of your municipal responsibilities under other legislation (e.g., Building Code); and Activities not related to fulfilling your municipality’s requirements to implement significant drinking water threat policies specified in an approved source protection plan or proposed source protection plan that has been submitted for approval. the municipality should include in a risk management plan. • Ineligible costs: Ineligible costs under the Source Protection Municipal Implementation Fund are costs related to anything other than the eligible costs identified above, for example: • Travel, meals, accommodation and hospitality; • Overhead (such as rent, utilities, human resources services, office supplies); • Capital (such as vehicles, office furniture, computers, software licenses, etc.); • Training (including staff time and contracted professional services associated with training); • Land expropriation or purchase; • Incentives or compensation for property owners; and • Costs for establishing risk management plans if costs have been or will be recovered from property owners. Eligible Costs: Eligible costs are: • Municipal salaries and benefits, for example: –Hiring or re-assigning municipal staff to serve as Risk Management Officials and Risk Management Inspectors as specified under the Clean Water Act, 2006; or –Administrative support required to establish and/or maintain the Risk Management Office. • Fees incurred for contracted professional services, for example: –Hiring a consultant to support the Risk Management Official in determining appropriate measures Source Protection Municipal Implementation Fund Guide Printing and distribution costs related to education and outreach programs and activities necessary to implement a source protection plan. 7. What does my municipality need to do to receive funding? To receive funding, two original signed hardcopy versions of the Grant Funding Agreements and a copy of your municipality’s certificate of insurance 5 Page 70 of 154 must be received at the address below by December 13, 2013. Once the Province executes the Grant Funding Agreement, a copy will be sent to your municipality. Ministry of the Environment Source Protection Programs Branch 40 St. Clair Avenue W. 14th Floor Toronto, ON M4V 1M2 Attn: Paul Heeney, Manager, Source Protection Implementation 8. How should my municipality ensure value for money? The Grant Funding Agreement requires that your municipality demonstrate value for money. Best practices in demonstrating value for money include using a competitive, fair and transparent process that considers economy and efficiency in procuring services and hiring staff (e.g., Risk Management Official). This includes, for example, obtaining three quotes to ensure that printing and distribution costs related to education and outreach programs are reasonable. and an assessment of your municipality’s readiness to fulfill its responsibilities under source protection plans. The content and the timing of reports and payments for your municipality are set out in the schedules of your Grant Funding Agreement. 10.Where can my municipality find more information? More information is available on the ministry’s website. You can also reach us by email or phone. Ministry of the Environment Public Information Centre 416-325-4000 Toll-free: 1-800-565-4923 TTY: 416-326-9236 TTY Toll-free: 1-800-515-2759 SourceProtectionFunding@Ontario.ca (Please include the following in the subject line to help us assist you “SPMIF – Name of your Municipality”) 9. What will we need to report? Your municipality will need to submit a progress report, final report and collaboration statement (if applicable) that will provide information on the progress your municipality makes as a result of the grant, including in collaborating with other municipalities. Reports will include information on how funds were spent Source Protection Municipal Implementation Fund Guide 6 Page 71 of 154 Appendix A: Formula Description Funding allocations for each eligible municipality were calculated using the following formula: Grant = [Base Allocation × (Index 1 + Index 2)] + Collaboration Incentive. 1. All eligible municipalities were assigned a base allocation on a sliding scale, based on each municipality’s weighted assessment per household (municipalities with lower values receive a higher base allocation). Base allocation funding ranges from $15,000 to $25,000. 2. The base allocation was then multiplied by the sum of two indices: – Index 1: Existing Threat Index (each municipality was assigned a value of 0 – 2 depending on the number of drinking water threats in the municipality specified in the assessment reports that were approved by December 2012); and Score Index 1: Existing Threat Index 0 0 threats 1 1-200 threats 1.5 201-500 threats 2 >500 threats – Index 2: Policy Index (each municipality was assigned a value of 1 or 2 depending on the type of policies the municipality is required to implement to address significant drinking water threats as specified in an approved source protection plan or proposed source protection plan that has been submitted for approval) Score Index 2: Policy Index 1Municipality is required to implement any type of significant drinking water threat policy other than policies pertaining to Part IV, sections 57 and/or 58 of the Clean Water Act, 2006 2Municipality is required to implement significant drinking water threat policies pertaining to Part IV, sections 57 and/or 58 of the Clean Water Act, 2006; OR Municipality is required to implement significant drinking water threat policies pertaining to Part IV, sections 57 and/or 58 of the Clean Water Act, 2006 and any other type of significant drinking water threat policy. 3. After the base allocation is multiplied by the index sum, an additional collaboration incentive is available. Each eligible municipality may receive one of the following amounts: $5,000 for collaborating with one to two other municipalities; or $10,000 for collaborating with three other municipalities; or $15,000 for collaborating with four or more other municipalities. Source Protection Municipal Implementation Fund Guide 7 Page 72 of 154 Source Protection Municipal Implementation Fund Guide PIBS 9559e © Queen’s Printer for Ontario, 2013 Page 73 of 154 SOURCE PROTECTION MUNICIPAL IMPLEMENTATION FUND GRANT FUNDING AGREEMENT THE AGREEMENT effective as of December 13, 2013 (the “Effective Date”). BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment (the “Province”) - and The Corporation of the Municipality of Brighton (the “Municipality”) BACKGROUND: The Province funds projects similar to the Project, defined in Article 1. As described in Schedule A, the Source Protection Municipal Implementation Fund provides one-time funding to offset a portion of the costs for small, rural municipalities in preparing to implement and implementing source protection plans. The Municipality requires funding from the Province to assist the Municipality in carrying out the Project and the Province wishes to provide such funds. CONSIDERATION: In consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the parties agree as follows: ARTICLE 1 DEFINITIONS 1.1 In the Agreement, the following terms shall have the following meanings: “Agreement” means this agreement entered into between the Province and the Municipality and includes all of the schedules listed in section 19.1 and any amendments. “Conflict of Interest” includes any circumstances where in relation to its performance Page 74 of 154 Grant Funding Agreement under the Agreement, the Municipality’s or its officers, employees or agents other commitments, relationships or financial interests could, or could be seen to, interfere with the Municipality’s objective, unbiased and impartial judgment relating to the Project and the use of the Funds or could, or could be seen to, compromise, impair or be incompatible with the effective performance of its contractual obligations. “Funds” means the money the Province provides to the Municipality pursuant to the Agreement. “Indemnified Parties” means her Majesty the Queen in right of Ontario, her ministers, agents, appointees and employees. “Maximum Funds” means a total amount of up to $75,884 which consists of $60,884 together with up to $15,000 collaboration incentive funding (if applicable) as determined by the Province pursuant to section 3.1(a). “Project” means any of the eligible activities described in section B.1 of Schedule “B” undertaken by the Municipality. ARTICLE 2 TERM OF THE AGREEMENT 2.1 The term of the Agreement shall commence on the Effective Date and shall expire on March 31, 2016 unless terminated earlier pursuant to Article 9. The Municipality shall, upon expiry or termination of the Agreement, return to the Province any Funds remaining in its possession or under its control. ARTICLE 3 FUNDS AND CARRYING OUT THE PROJECT 3.1 The Province shall: (a) based upon the Province’s assessment of the information provided by the Municipality in the collaboration statement set out in Schedule “D”, determine the exact amount of the $15,000 collaboration incentive funding which will form part of the Maximum Funds and provide notification of that exact amount to the Municipality; (b) provide the Municipality up to the Maximum Funds for the purpose of carrying out the Project; and (c) provide the Funds to the Municipality in accordance with the payment schedule attached to the Agreement as Schedule “C” or at any other time for any reason in the sole discretion of the Province. Page 2 of 17 Page 75 of 154 Grant Funding Agreement 3.2 3.3 Despite section 3.1 the Province: (a) is not obligated to provide instalments of Funds until it has approved the reports as set out in Schedule “C”; (b) may adjust the amount of Funds it provides to the Municipality based upon the Province’s assessment of the information provided by the Municipality pursuant to section 6.1. The Municipality shall: (a) carry out the Project in accordance with the terms and conditions of the Agreement and in compliance with all federal and provincial laws and regulations, all municipal by-laws, and any other orders, rules and by-laws related to any aspect of the Project; (b) use the Funds only for the purpose of carrying out the Project; (c) subject to section 3.3 (d), spend the Funds only on eligible costs and eligible activities as set out in Schedule “B”; and (d) notwithstanding anything else in this Agreement, not spend the Funds on any ineligible activities or ineligible costs as set out in Schedule “B”. 3.4 The Municipality shall not make any changes to the Project without the prior written consent of the Province. 3.5 The Municipality acknowledges that the Funds available to it from the Province pursuant to the Agreement shall not exceed the Maximum Funds. The Municipality undertakes to incur all costs associated with the Project should it exceed the Maximum Funds. 3.6 The Province is not the owner of any intellectual property generated as a result of the Agreement. ARTICLE 4 ACQUISITION 4.1 The Municipality agrees that if it buys any supplies, equipment or services with the Funds, it will ensure the best value for money. ARTICLE 5 CONFLICT OF INTEREST 5.1 The Municipality shall avoid any Conflict of Interest in the performance of this Agreement and shall disclose to the Province, without delay, any actual or potential Conflict of Interest. Page 3 of 17 Page 76 of 154 Grant Funding Agreement ARTICLE 6 REPORTING, ACCOUNTING AND REVIEW 6.1 The Municipality shall submit to the Province all reports set out in Schedule “D” or any other reports as required by the Province. All reports will be approved by the Province. 6.2 The Province, its authorized representatives or an independent auditor identified by the Province may, at its own expense, upon twenty-four hours’ notice to the Municipality and during normal business hours, enter upon the Municipality’s premises to review the progress of the Project and the Municipality’s expenditure of the Funds and, for these purposes, the Province, its authorized representatives or an independent auditor identified by the Province may: 6.3 (a) inspect and copy any financial records (including invoices) and non-financial documents and records relating to the Funds or otherwise to the Project; and (b) conduct an audit or investigation of the Municipality in respect of the expenditure of the Funds and/or the Project. To assist in respect of the rights set out in section 6.2, the Municipality shall disclose any information requested by the Province, its authorized representatives or an independent auditor identified by the Province, and shall do so in a form requested by the Province, its authorized representatives or an independent auditor identified by the Province, as the case may be. ARTICLE 7 LIMITATION OF LIABILITY AND INDEMNITY 7.1 The Province’s officers, employees and agents shall not be liable to the Municipality or any of the Municipality’s personnel for costs, losses, claims, liabilities and damages howsoever caused (including any incidental, indirect, special or consequential damages, injury or any loss of use or profit of the Municipality) arising out of or in any way related to the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province’s officers, employees and agents. 7.2 The Municipality shall indemnify and hold harmless the Indemnified Parties from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred, brought or prosecuted, in any way arising out of or in connection with the Project or otherwise in connection with the Agreement, unless solely caused by the negligence or wilful misconduct of the Province and its agents, appointees and employees. Page 4 of 17 Page 77 of 154 Grant Funding Agreement ARTICLE 8 INSURANCE 8.1 8.2 Municipality’s Insurance. The Municipality represents and warrants that it has, and shall maintain for the term of the Agreement, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury and property damage, to an inclusive limit of not less than two million dollars ($2,000,000) per occurrence. The policy shall include the following: (a) the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Municipality’s obligations under, or otherwise in connection with, the Agreement; (b) a cross-liability clause; (c) contractual liability coverage; and (d) a 30 day written notice of cancellation, termination or material change. The Municipality shall provide the Province with certificates of insurance, or other proof as may be requested by the Province, that confirms the insurance coverage as provided for in section 8.1. Upon the request of the Province, the Municipality shall make available to the Province a copy of each insurance policy. ARTICLE 9 TERMINATION 9.1 The Province in its sole discretion, without liability, cost or penalty, and without prejudice to any other rights or remedies of the Province under this Agreement or at law or in equity, may terminate the Agreement at any time, for any reason, upon giving at least 15 days notice to the Municipality. 9.2 If the Province terminates the Agreement, the Province may (i) demand the repayment of any Funds remaining in the possession or under the control of the Municipality and/or (ii) determine the reasonable costs for the Municipality to wind down the Project, and permit the Municipality to offset those wind down costs against any amount owing pursuant to (i); and/or (iii) subject to section 3.5, provide Funds to the Municipality to cover those wind down costs. Page 5 of 17 Page 78 of 154 Grant Funding Agreement ARTICLE 10 REPAYMENT 10.1 If, pursuant to the provisions of the Financial Administration Act (Ontario), the Province does not receive the necessary appropriation from the Ontario Legislature for payment under the Agreement, the Province is not obligated to make any such payment, and, as a consequence, the Province may (i) reduce the amount of the Funds and, in consultation with the Municipality, change the Project or (ii) immediately terminate the Agreement. If the Province terminates the Agreement, the Province may (i) cancel all further instalments of Funds, and/or (ii) demand repayment as set out in Section 9.2(i) and/or (iii) determine reasonable costs as set out in Section 9.2(ii) and/or section 9.2(iii). 10.2 If in the sole opinion of the Province, the Municipality breaches any representation, warranty, covenant or other material term of the Agreement, fails to carry out the Project, fails to provide reports or improperly uses or spends Funds, the Province may (i) demand the repayment of any Funds remaining in the possession or under the control of the Municipality, (ii) demand the repayment of an amount equal to any Funds the Municipality used, but did not use in accordance with the Agreement, and/or (iii) demand the repayment of an amount equal to any Funds the Province provided to the Municipality. 10.3 If the Municipality fails to pay any amount demanded by the Province, the Municipality acknowledges and agrees that the Province may deduct any unpaid amount from any money payable to the Municipality by the Province, or may exercise any other remedies available to the Province to collect the unpaid amounts. 10.4 The Municipality shall pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and mailed to the Province at the address provided in section 11.1 ARTICLE 11 NOTICE 11.1 Notice shall be in writing and shall be delivered by email, postage-prepaid mail, personal delivery or fax, and shall be addressed to the Province and the Municipality respectively as set out below, or as either party later designates to the other by notice: To the Province: Ministry of the Environment 40 St. Clair Ave. West, 14th Floor Toronto, ON M4V 1M2 Attention: Manager, Source Protection Implementation, Source Protection Programs Branch Fax: 416-212-2757 Email: SourceProtectionFunding@ontario.ca Page 6 of 17 Page 79 of 154 Grant Funding Agreement To the Municipality: insert name of Municipality address Attention: person’s name and position Fax: fill in Email: fill in 11.2 Notices shall be deemed to have been received (a) in the case of postage-prepaid mail, 7 days after a party mails the notice; or (b) in the case of email, personal delivery or fax, at the time the other party receives the notice. In the event of a postal disruption, notice by postage-prepaid mail shall not be deemed to be received and the party giving notice shall provide notice by email, personal delivery or by fax. ARTICLE 12 MUNICIPALITY’S POWER TO ENTER INTO AGREEMENT 12.1 The Municipality represents and warrants that it has the full power and authority to enter into the Agreement. ARTICLE 13 SEVERABILITY OF PROVISIONS 13.1 The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement. Any invalid or unenforceable provision shall be deemed to be severed. ARTICLE 14 WAIVER 14.1 If a party fails to comply with any term of the Agreement, that party may only rely on a waiver of the other party if the other party has provided a written waiver in accordance with the notice provisions in Article 11. Any waiver must refer to a specific failure to comply and shall not have the effect of waiving any subsequent failures to comply. ARTICLE 15 INDEPENDENT PARTIES 15.1 The Municipality acknowledges that it is not an agent, joint venturer, partner or employee of the Province, and the Municipality shall not take any actions that could establish or imply such a relationship. Page 7 of 17 Page 80 of 154 Grant Funding Agreement ARTICLE 16 GOVERNING LAW 16.1 The Agreement and the rights, obligations and relations of the parties shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement shall be conducted in Ontario. ARTICLE 17 FORCE MAJEURE 17.1 Neither party shall be liable for damages caused by delay or failure to perform its obligations under the Agreement where such delay or failure is caused by an event beyond its reasonable control. ARTICLE 18 SURVIVAL 18.1 The provisions in Article 1, any other applicable definitions, sections 3.1(b), 3.1 (c), 6.1 (to the extent that the Municipality has not provided the reports to the satisfaction of the Province), 6.2, 6.3, Article 7, Section 9.2, Articles 10, 11, 13, 16, 18, 19, and 20, and all applicable cross-referenced provisions and schedules shall continue in full force and effect for a period of 7 years from the date of expiry or termination of the Agreement. ARTICLE 19 SCHEDULES 19.1 The Agreement includes the following schedules: (a) Schedule “A” – Background and Objectives; (b) Schedule “B” – Eligible Costs and Activities; (c) Schedule “C” - Payment; and (d) Schedule “D” - Reports. Page 8 of 17 Page 81 of 154 Grant Funding Agreement ARTICLE 20 ENTIRE AGREEMENT 20.1 The Agreement constitutes the entire agreement between the parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. 20.2 The Agreement may only be amended by a written agreement duly executed by the parties. The parties have executed the Agreement as of the Effective Date. HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the Minister of the Environment ____________________________ Name: Ling Mark Title: Director, Source Protection Programs Branch Pursuant to delegated authority Date: _______________________ The Corporation of the Municipality of Brighton ____________________________ Name: Title: Date: _______________________ ____________________________ Name: Title: Date: _______________________ I/We have authority to bind the Municipality. Page 9 of 17 Page 82 of 154 Grant Funding Agreement SCHEDULE “A” BACKGROUND AND OBJECTIVES A.1 BACKGROUND Ontario is committed to protecting drinking water from source to tap. The Clean Water Act, 2006 enables communities to protect their drinking water sources through the preparation of collaborative, locally developed, science-based assessment reports and source protection plans. Municipalities have a key role to play in implementing these plans. On May 2, 2013 the Province announced, as part of the 2013 Ontario Budget, an investment to help support small municipalities protect existing and future sources of drinking water. The Source Protection Municipal Implementation Fund provides one-time funding to offset a portion of the costs for small, rural municipalities. A.2 FUND OBJECTIVES A.2.1 Source Protection Municipal Implementation Fund Objective and Goals The objective of the Source Protection Municipal Implementation Fund is to provide funding to assist small, rural municipalities in fulfilling policy obligations for significant drinking water threats as specified in an approved or proposed source protection plan that has been submitted for approval. Those with policy obligations under source protection plans, including municipalities, are required to undertake preparatory activities such as acquiring the necessary resources (human, financial and technical) to position themselves to deliver on their obligations under the Clean Water Act, 2006 and source protection plans. The goals of the Source Protection Municipal Implementation Fund are to help build municipal capacity to implement source protection plans; and support sustainable, local actions to protect drinking water. A.2.2 Project Objectives The objectives of the Project are for the Municipality to use the Funds toward fulfilling their responsibility to implement one or more of the following significant drinking water threat policies in an approved or proposed source protection plan that has been submitted for approval: Policies for the purpose of Part IV of the Clean Water Act, 2006; Policies that govern Planning Act decisions; Policies that establish education and outreach programs; or Policies that specify other types of actions the municipality is required to take. Page 10 of 17 Page 83 of 154 Grant Funding Agreement A.3 COLLABORATION INCENTIVE To support the development of sustainable, local actions to protect drinking water and to help increase collaboration efforts among municipalities, up to $15,000 in funding from the Source Protection Municipal Implementation Fund is available to each eligible municipality that collaborates with other municipalities. The Maximum Funds amount referenced in Article 1 includes the amount of up to $15,000. As set out in section 3.1(a), the Province will determine the exact amount of the collaboration incentive funding based on the information set out in the collaboration statement referred to in Schedule “D.” In order to receive any of the $15,000, the Municipality must complete the collaboration statement and provide it to the Province by the due date shown in Schedule “D”. The Province will subsequently notify the Municipality of the amount of collaboration incentive funding the Municipality is entitled to, based on the collaboration statement. The Municipality’s eligibility for this collaboration incentive funding is dependent upon the number of other municipalities that the Municipality has joined with to perform the Project. The Municipality may receive one of following amounts: $5,000 for collaborating with one to two other municipalities; or $10,000 for collaborating with three other municipalities, or $15,000 for collaborating with four or more other municipalities. To be eligible for this collaboration incentive funding, the Municipality must meet the following criteria: a) Municipal collaborator(s) are located in a source protection area and have vulnerable areas where activities could be a significant drinking water threat; b) Collaboration activities are related to the eligible activities listed in Schedule “B,” section B.1; and c) Collaboration activities must take place within a reasonable time frame. Page 11 of 17 Page 84 of 154 Grant Funding Agreement SCHEDULE “B” ELIGIBLE COSTS AND ACTIVITIES B.1 Eligible Activities The Municipality may only spend the Funds on the following eligible activities undertaken by the Municipality, or are undertaken on the Municipality’s behalf, between December 13, 2013 and December 7, 2015 that are directly related to the following: Risk management a) Establishing and enforcing risk management plans under Part IV of the Clean Water Act, 2006; b) Communication with landowners affected by policies pertaining to Part IV of the Clean Water Act, 2006; c) Refining the number of threats within the Municipality pertaining to Part IV of the Clean Water Act, 2006; Land use policies d) Implementing the Municipality’s municipal land-use planning policies related to activities that are identified as significant drinking water threats; Education and outreach e) Implementing education and outreach policies to address significant drinking water threats; Other activities f) Working with the local source protection authority and local source protection committee to understand the Municipality’s requirements under the source protection plan; g) Developing and/or modifying the Municipality’s business processes in order to implement significant drinking water threat policies; h) Establishing processes for information sharing among municipalities and source protection authorities; i) Developing a reporting framework for the Municipality that aligns with the collection of data under section 65 of Ontario Regulation 287/07, made under the Clean Water Act, 2006; and j) Other activities the Municipality undertakes to fulfill its requirements to implement Page 12 of 17 Page 85 of 154 Grant Funding Agreement significant drinking water threat policies. B.2 Ineligible Activities The following activities are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Refining the number of threats within the Municipality not pertaining to Part IV of the Clean Water Act, 2006; b) Threat refinement work already funded by the Province through source protection authorities; c) Activities that are already funded through another program, funding body, partners, or other means; d) Activities that are funded by the Source Protection Municipal Implementation Fund through another municipality; e) Fulfilment of the Municipality’s responsibilities as a property owner undertaking activities identified as significant drinking water threats; f) Fulfilment of the Municipality’s responsibilities under other legislation (e.g., Building Code); and g) Activities not related to fulfilling the Municipality’s requirements to implement significant drinking water threat policies specified in an approved or proposed source protection plan that has been submitted for approval. B.3 Eligible Costs The eligible costs listed below must be directly related to the source protection implementation activities outlined in B.1: a) Municipal staff salaries and benefits for time spent working on the Project (such as hiring or re-assigning Municipal staff to serve as Risk Management Officials and Risk Management Inspectors as specified under the Clean Water Act, 2006; or administrative support required to establish and/or maintain the Risk Management Office); b) Fees incurred for contracted professional services from professionals, technical personnel, consultants, and contractors for work on the Project (such as hiring a consultant to support the Risk Management Official in determining appropriate measures the Municipality should include in a risk management plan); and c) Printing and distribution costs related to education and outreach programs and activities necessary to implement a source protection plan. Page 13 of 17 Page 86 of 154 Grant Funding Agreement B.4 Ineligible Costs The following costs are not eligible for funding under the Agreement and the Municipality may not spend the Funds on the following: a) Travel, meals, accommodation and hospitality; b) Overhead (such as rent, utilities, human resources services, office supplies); c) Capital (such as vehicles, office furniture, computers, software licenses, etc.); d) Training (including staff and contracted professional services associated with training); e) Land expropriation or purchase; f) Incentives or compensation for property owners; and g) Costs for establishing risk management plans if costs have been or will be recovered from property owners. Page 14 of 17 Page 87 of 154 Grant Funding Agreement SCHEDULE “C” PAYMENT MILESTONE AMOUNT Following Province execution of Agreement $24,465 Following Province approval of progress report as indicated in Schedule D (if applicable) $24,277 Following Province approval of collaboration statement as indicated in Schedule D (if applicable) Up to $15,000 as determined by the Province (see Schedule “A,” section A.3) Following Province approval of final report as indicated in Schedule D $12,142 Page 15 of 17 Page 88 of 154 Grant Funding Agreement SCHEDULE “D” REPORTS Name of Report Due Date 1. Collaboration Statement (if applicable) December 12, 2014 2. Progress Report December 12, 2014 3. Final Report December 11, 2015 4. Other Reports as specified from time to time On a date or dates specified by the Province. Report Details 1. The Municipality will use the collaboration statement template to set out the following: (i) A brief description of the collaboration activities, the municipalities that are collaborating, and the lead organization for each activity; (ii) the policies that the activities are supporting; (iii) the timelines for each activity; and (iv) the contact information and signatures of the collaborating municipalities. 2. The Municipality will use the progress report template which will set out the following: (i) actions undertaken to the date of the report in relation to the eligible activities and related expenditures outlined in Schedule “B”, sections B.1 and B.3; (ii) information on general progress under the Project, including how it is meeting the Project objectives outlined in Schedule “A”, section A.2.2; (iii) an assessment of the Municipality’s readiness to fulfill its responsibilities under the source protection plan(s); and (iv) an attestation confirming that all Project expenditures were spent in accordance with Schedule “B” and confirming the Project is in compliance with the terms and conditions of the Agreement signed by the Chief Administrative Officer, or equivalent unless otherwise agreed to by the Province. Page 16 of 17 Page 89 of 154 Grant Funding Agreement 3. The Municipality will use the final report template which will include the following: (i) a final description of the actions undertaken in relation to the eligible activities and related expenditures outlined in Schedule “B”, sections B.1 and B.3; (ii) information on all progress under the Project, including a confirmation that the Project objectives outlined in Schedule “A”, section A.2.2 were met; (iii) a final assessment of the Municipality’s readiness to fulfill its responsibilities under the source protection plan(s); (iv) an attestation confirming that all Project expenditures were spent in accordance with Schedule “B” and confirming the Project is in compliance with the terms and conditions of the Agreement signed by the Chief Administrative Officer, or equivalent unless otherwise agreed to by the Province; (v) a description of the status of the progress made as a result of the collaboration activities, including any variance from the information provided in the collaboration statement; and (vi) an accounting of any unspent Funds and an explanation as to why there are remaining Funds. 4. Other Reports: (i) the Province will specify the timing and content of any other Reports as may be necessary. Page 17 of 17 Page 90 of 154 THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON BY-LAW NUMBER ___-2013 Being a by-law to authorize the Mayor and the Clerk to execute a Grant Funding Agreement between the Corporation of the Municipality of Brighton and Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment regarding funding from the Province to assist the Municipality with preparing to implement and to implement source water protection plans. WHEREAS, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; AND WHEREAS, Section 9 of the Municipal Act 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS, Section 11 (2) of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters in those Spheres of Jurisdiction; AND WHEREAS the Council of the Corporation of the Municipality of Brighton wishes to enter into a Grant Funding Agreement with the Province as represented by the Ministry of the Environment regarding funding to assist the Municipality with preparing to implement and to implement source water protection plans; NOW, THEREFORE, the Council of The Corporation of the Municipality of Brighton ENACTS AS FOLLOWS: 1. THAT the Mayor and the Clerk are hereby authorized to execute the Grant Funding Agreement between Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment and the Corporation of the Municipality of Brighton, a copy of which is attached hereto and forms part of this by-law. 2. THAT this By-law shall come into force and effect on the date of passage by the Council of the Corporation of the Municipality of Brighton Read a first and second time and read a third time and finally passed this 2nd day of December, 2013. _________________________________ Mark A. Walas, Mayor _________________________________ Gayle Frost, C.A.O./Clerk Page 91 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Andrew Drzewiecki, Director of Public Works & Development Reviewed By: Gayle Frost, CAO Department: Public Works & Development Subject/Title: Project PW 2013-25, Road Reconstruction of Terry Fox Drive Recommendation: That Council approve awarding the Project No. PW 2013-25, Road Reconstruction and Urbanization of Terry Fox Drive, for the total price of $651,170.57 (before H.S.T.) and authorize the CAO and Mayor to enter into a contractual agreement with Behan Construction Ltd, and; That the development be financed utilizing $310,000.00 from the Public Works Reserve with the balance of $341,170.57 from the Federal Gas Tax. Background/Purpose: The project was not budgeted for in the 2013 Capital Budget. The necessary work needs to be done as a result of the existing storm sewer deficiency causing sudden undermining of the road pavement and subsequent safety hazards. The southbound lane of traffic has been closed for traffic since late October 2013. The storm sewer under Terry Fox Drive has been inspected by CCTV and was found in poor repair, warranting its full reconstruction. Subsequently the Public Works and Development Department called a Tender No. PW 2013-25. The scope of the project includes the reconstruction of the main storm sewer line, maintenance holes, deficient laterals, reinstatement of the road base, paving and installation of curbs and sidewalks. Page 92 of 154 This would improve traffic safety, particularly important considering the fact that schools are located on either side of the street. The work schedule will be coordinated with the school representatives in order to minimize the interference with the school schedules. Analysis/Comments: The proposals were opened on November 21st, 2013 at 11:30 am by Andrew Drzewiecki, Ken Hurford and Scott Hodgson. Two proposals had been received and the details are tabulated below. Tenderer Price before H.S.T. Drain Brothers Excavating Limited $878,689.00 Behan Construction Ltd. $651,170.57 Municipal staff reviewed the proposals, found them to be in order and recommend the acceptance of the offer submitted by the lowest bidder, Behan Construction Ltd. Financial Implications: The project’s cost has been included in the 2014 Public Works Capital Budget (1st Draft) and the allocated amount is $660,000.00. $310,000.00 would be financed from the Public Works Reserve and the balance from the Federal Gas Tax. Page 93 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Andrew Drzewiecki, Director of Public Works & Development Reviewed By: Gayle Frost, CAO Department: Public Works & Development Subject/Title: Assumption of Roads for Public Use, Harbourpoint Subdivision, Phase 3 Recommendation: That Council enacts a By-law to assume for Public Use, Beacon Drive between Cedar Street and Nautical Lane within the Phase 3 of Harbourpoint Subdivision, and that all remaining securities deposited with the Municipality as a Maintenance Guarantee for Phase 3 of this development be returned to the Developer, 952849 Ontario Limited. Background/Purpose: All the work stipulated in the Subdivision Agreement has been completed and all the deficiencies identified during previous site inspections conducted by Public Works and Development staff have been rectified to the satisfaction of the Municipality as of August 26th, 2013. Analysis/Comments: Since the Developer has fulfilled all the obligations under the Subdivision Agreement, the warranty period has expired and all deficiencies have been rectified to the satisfaction of the Municipality, it is appropriate for the Municipality to assume for public use the portion of Beacon Drive between Cedar Street and Nautical Lane and return the remaining securities in the amount of $13,000 to the Developer. Page 94 of 154 Page 95 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Gayle Frost, CAO Reviewed By: Department: CAO Subject/Title: Fire Master Plan Recommendation: That Council approves the Fire Master Plan dated October 2013 in principle, and refers the plan to the CAO and Fire Chief to report back to Council with an implementation plan for consideration. Background/Purpose: At the October 21, 2013 Council meeting, Dillon Consulting presented the Fire Master Plan to Council. Council passed the following resolution: "That Council receives the Fire Master Plan dated October 2013, and directs staff to place the report on the municipal website for 30 days and advertise for public comment". Analysis/Comments: Ads were placed in the local newspapers, as well as on the Municipality of Brighton radio minute requesting public comment. One public comment was received from Mr. Roger McMurray. There are 34 recommendations contained within the Fire Master Plan. It is recommended that Council approve the plan in principle and refer it to the CAO and Fire Chief to report back to Council with an implementation plan. Page 96 of 154 Attachments: 1. Input from Mr. Roger McMurray Page 97 of 154 CAO Request for Comments – Fire Master Plan Municipality of Brighton 2013 The Municipality of Brighton Fire Master Plan prepared by Dillon Consultants Ltd is a comprehensive plan addressing most areas within the municipality’s Fire Services. It is professionally prepared by a knowledgeable individual and defines what are considered areas of concern and also recommends significant changes to both staffing and infrastructure funded by the municipality. Figure 12, Page 63, Percentage of Calls by Type 2007-2012 notes that only 8 percent of the calls received are for actual fires. The remaining 92 percent of calls are in most cases, unrelated to fires. The 92 percent of non-fire calls need to be analysed and determination made on the most cost effective method of addressing these varied types of call(s). Chapter 11.0 Page 91, Implementation Plan is, in my view, UNAFFORDABLE. If the municipality had a much larger base of commercial and industrial tax resources, it might be. What exactly do the words under the heading, “Horizon” mean, i.e. Short-term? Does it mean, one year, five years or 1 Page 98 of 154 ten years? I pulled out my calculator and added the short-term costs $402,500.00 and divided this number by the figure used in last year’s budget which represented a one percent tax rate increase, $53,000.00. If implemented immediately, the percent increase to municipal taxes would be 7.5 percent. If the one mid to long-term item is added, the percentage increase to municipal taxes would be 8.7 percent. If the single long-term item is added, the operating budget increase for Fire Services jumps to $2,462,000.00. The percentage increase to municipal taxes would be a whopping 46.45 percent. Please note that these figures are over and above the 2013 Fire Services budget which is $512,034.00 Operating and $51,800.00 Capital. Please do not get me wrong; I support the fire fighters one hundred percent. I was a volunteer firefighter and understand the problems. In this case the volunteer firefighters have and will continue to serve our citizens well. I would support fine-tuning out existing volunteer department but not the large scale changes outlined in the Fire Master Plan which includes, doubling the complement of volunteer staff, adding two full time positions and adding a possible new fire station on the south side of the railway corridor. I understand that this plan covers a 20 year period but please be realistic. The majority of people who live in the urban areas of Brighton are on pensions and cannot afford 2 Page 99 of 154 to see their residential taxes double – even if it takes 20 years. Please pass these comments on to whomever you wish. Roger McMurray Brighton, ON, K0K 1H0 3 Page 100 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Gayle Frost, CAO Reviewed By: Department: CAO Subject/Title: Sewage System Management Agreement Recommendation: That the report from the CAO regarding Part I Sewage System management be received, and the Haliburton, Kawartha, Pine Ridge District Health Unit be advised that the Municipality of Brighton is requesting a contract extension for the delivery of this service until the municipality is in a position to offer the service alternatively, which will be no later than June 30, 2014. Background/Purpose: The Municipality of Brighton has an agreement with the Haliburton, Kawartha, Pine Ridge District Health Unit for the Part 8 Sewage System Management which expires on December 31, 2013. The Board of Health has advised that they will not be renewing this agreement. Analysis/Comments: In order to allow for the transition, the Board of Health will permit current contracts to continue until such time as municipalities are in a position to assume responsibility for the program, but no later than June 30, 2014. Staff are currently working with other municipalities and Northumberland County to analyse the following options for delivering this service: - sharing the service delivery with neighbouring municipalities Page 101 of 154 - entering into an agreement with the County plumbing inspection department to deliver the service - entering into an agreement with the Lower Trent Conservation to deliver the service - issue an RFP, in conjunction with other municipalities, to contract out the inspection program to a qualified outside service provider - deliver the service in house. The analysis of the options is expected to be completed early in the new year, and will form part of our Service Delivery Review program. Until such time as the analysis in completed, a report is presented to Council for a decision, and the training and transition takes place, we recommend extending the current agreement with the Haliburton, Kawartha, Pine Ridge District Health Unit. Legal/Legislative: The Ontario Building Code, Part 8 governs the design, construction, operation and maintenance of various classes of sewage systems located within residential, commercial and industrial properties. This legislation deals with sewage systems having a daily sewage flow up to 10,000 litres per day for a single property. Sewage systems with daily sewage flows above that level are regulated by the Ontario Ministry of Environment. The Act requires councils of municipalities to appoint a qualified inspector to carry out the enforcement of the code. Attachments: 1. Correspondence - Haliburton, Kawartha, Pine Ridge District Health Unit Page 102 of 154 Page 103 of 154 Page 104 of 154 Municipality of Brighton Council Meeting Council Date: 02 Dec 2013 To: Council Prepared By: Gayle Frost, CAO Reviewed By: Department: CAO Subject/Title: January 6, 2014 Council Meeting Recommendation: That the Council meeting of January 6, 2014 be cancelled and that staff be directed to advertise this cancellation. Background/Purpose: The Procedural Bylaw provides that Council meetings will be held on the first and third Monday of every month except that only one regular Council meeting shall be held in July and August on the third Monday of each month. The bylaw also provides that the Mayor may cancel or reschedule meetings to a different date or time. Analysis/Comments: The first Monday in January 2014 is January 6th. This would require that the cut off for the agenda is January 1st, which is a statutory holiday. That along with the Christmas and New Year holidays, there is usually very little business created for the first meeting in January. Typically, each year the only matters that are on the first Council meeting are Planning matters. The Planning department has advised that there are no planning applications or notices for public meetings for the January 6th agenda. Financial Implications: This would provide a savings of up to $1,000. in meeting honorariums. Page 105 of 154 Page 106 of 154 Municipality of Brighton Council Direction Follow Up List Planning and Development Public Works and Environmental Services December 2, 2013 Resolution 2012-684 Date of Meeting Dec 3/12 Council Resolution Checked items are complete Actions To Date That Council refer to staff for further discussion for a resolution the delegation Steve White, End of Thread, regarding a by-law issue Mr. White met with staff on January 17th and was explained the options available to him. He decided to submit an application for rezoning and obtained the application forms. He has meet with Planning staff to ask specific questions. The date of the meeting is yet to be arranged and Mr. White is to contact the Department. Complete √ Mr. White met with staff on July 8th and advised that the shipping container will be removed within 3 to 4 weeks. 2013 January 21/13 2013-567 September Council directed staff to obtain an appraisal of 16/13 the value of the land that is subject to the Hunt & Vanderlinde request to stop up & close & convey a portion of the road allowance at 138 & 134 Folly Lane September Boulevard Alterations: 16/13 • Direct staff to send a letter to the respective owners of 17 Stephen Street and 272 Raglan Street advising them that the placing of Page 107 of 154 2013-040 2013-571 Rezoning Application: Z10/2012. Applicant: Mike Workman Council deferred consideration of the rezoning request to allow the Municipal Planner to further review the full implications of the requested Rural rezoning of the subject lands, particularly related to the number of livestock that may be permitted. Staff is still reviewing the options available. Waiting to receive appraisals. Appraisals have been received and the matter will be considered at the November 4th council meeting. Letters have been sent √ Resolution 2013-573 2013-580 2013-582 2013-638 Date of Meeting Council Resolution Actions To Date articles or things, on the Municipality's road allowance, without the Municipality's permission is prohibited pursuant to Section 4(2) of the Trespass to Property Act The owner of 17 Stephen Street has been in discussions with the Director regarding restoration of the boulevard. • Direct staff to prepare a by-law prohibiting/ regulating the placing of articles on the Municipality's road way which would includes boulevard September Council referred to staff the matter of altering 16/13 the speed limit along the entire length of Old Wooler Road that is within the boundaries of the Municipality of Brighton, be reduced to 60km/hr for a report. September Council received the correspondence from Bob 16/13 Miller regarding traffic control measures and referred the matter to staff. September Council received the information from Nanci 16/13 Anderson regarding speed limits in Smithfield, and referred the matter to staff for consideration. October That Council approves staff submitting an 21, 2013 Expression of Interest for the Small, Rural and Northern Municipal Infrastructure Fund for reconstruction of Young and George Streets including the underground infrastructure. Complete √ Work on a draft by-law is underway. A preliminary draft is being reviewed. Report on the agenda for October 7th meeting. Will be on Council agenda in October. The matter is being reviewed, requires coordination with Quinte West as a reduction of speed limit staff will propose is on Walt St. (boundary road). Page 108 of 154 Planning & Development Public Works & Environmental Services Council Direction Follow Up List Page 2 of 2 Page 109 of 154 Presqu’ile Point Lighthouse Preservation Society www.presquilepointlighthouse.ca Box #962, Brighton, On; K0K 1H0 Presentation to Municipality of Brighton November 18, 2013 Purpose of our Presentation: To request that the Municipality of Brighton endorse the actions of the Presqu’ile Point Lighthouse Preservation Society. Mission Statement: The Presqu’ile Point Lighthouse Preservation Society is a Not-For-Profit corporation established in 2012 to repair and refurbish the Presqu’ile Point Lighthouse and to promote our Lighthouse as a heritage icon for our community of Brighton and for the many thousands that visit this wonderful destination. Actions Taken Since Our First Presentation of Feb. 4, 2013 • Initiated ongoing public awareness campaigns such as o Powerpoint presentations to Municipality of Brighton; Probus Clubs of Trenton, Colborne and Brighton; Brighton Arts Council; Brighton By The Bay Community; Rotary Club of Brighton, Lion’s Club of Brighton and others o Newspaper press releases – strive to do one monthly but not always accepted by the Press o Presentation at the History Weekend display in Community Centre • Completed major fundraising events such as o June 1, 2013 Gala Event – 150++ attendees and profited in excess of $12,500 o Sept. 28, 2013 Applefest Raffle ticket sales – profited in excess of $1,500 • Received our Articles of Incorporation for a Not-For-Profit organization on Oct. 21, 2013 o Initiated Community Liability Insurance and Director’s Liability Insurance (to the tune of ~$900 per year) shortly thereafter KOPPLA - KEEPERS OF PRESQU’ILE POINT Page 110 of 154 LIGHTHOUSE ASSOCIATION Presqu’ile Point Lighthouse Preservation Society www.presquilepointlighthouse.ca Box #962, Brighton, On; K0K 1H0 • Continue to increase our membership o Through public presentations o Through website & emails o Will be going to local food market in early 2014 to promote our membership offerings • Continue to seek our more Directors to share work load o We have asked for representation from the Chamber of Commerce & DBIA (no response as of yet); and other service groups (again, either no response or negative responses – “too busy” already) so we continue to search out other volunteers – we did a press release this past week requesting help • Initiated a Memorandum of Understanding agreement discussions with Ontario Parks o Process could only start once we received our Articles of Incorporation o They are also requesting letter of support from our Municipality What Do We Need From Municipality of Brighton 1. Letter of support/endorsement for our efforts 2. Permission to link our website to the Municipality’s website as a Special Interest Group – already initiated in conjunction with Elisha Purchase 3. Eventually in 2015(??), once detailed engineering studies are completed (in 2014??), we will be in need of funding from the Municipality of Brighton but at this point of time, we are not able to discuss any numbers at tall KOPPLA - KEEPERS OF PRESQU’ILE POINT Page 111 of 154 LIGHTHOUSE ASSOCIATION CORPORATION OF THE MUNICIPALITY OF BRIGHTON BY-LAW NUMBER ___-2013 Being a By-law under the provisions of Section 34 of the Planning Act, R.S.O., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton, to change the zoning from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone. WHEREAS By-law No. 140-2002, as otherwise amended, the "Comprehensive Zoning By-law" of the Municipality of Brighton was passed under the authority of Section 34 of the Planning Act, R.S.O., 1990, as amended; AND WHEREAS the Council of the Corporation of the Municipality of Brighton has received an application to amend By-law No. 140-2002 as it applies to certain lands in Part of Lot 30, Concession 1, with a civic address of 101 Bauer Road; AND WHEREAS the Council of the Corporation of the Municipality of Brighton conducted a public meeting in regard to this application, as required by Section 34(12) of the Planning Act, R.S.O., 1990, as amended; AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it expedient to amend By-law No. 140-2002, as otherwise amended, with respect to the above described lands, and under the provisions of Section 34 of the Planning Act, R.S.O., 1990, as amended, has the authority to do so. NOW THEREFORE, the Municipal Council of the Corporation of the Municipality of Brighton ENACTS AS FOLLOWS: 1. THAT Schedule "A", Map 16 to By-law No. 140-2002, as amended, is hereby further amended by changing the zoning category of certain lands located in Part of Lot 30, Concession 1, in the Municipality of Brighton from the Rural Exception No. 1 (RU-1) Zone to the Rural Residential (RR) Zone as shown on Schedule "A" attached hereto and by this reference forming part of this By-law. 2. THAT By-law No. 140-2002, as amended, shall, except as set out in the foregoing, remain in full force and effect. 3. THAT this By-law shall come into force on the date it is passed by the Council of the Corporation of the Municipality of Brighton, subject to the applicable provisions of the Planning Act, R.S.O., 1990, as amended. Read a first and second time, read a third time and finally passed this 2nd day of December, 2013. _______________________________ Mark A. Walas, Mayor _______________________________ Gayle J. Frost, C.A.O./Clerk Page 112 of 154 Page 113 of 154 Corporation of the Municipality of Brighton By-law Number ___- 2013 Being a By-law to assume for public use certain roads in the Harbourpoint Subdivision, Municipality of Brighton WHEREAS, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; AND WHEREAS, Section 8 and 9 of the Municipal Act, 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS, Section 11(2) of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters in those Spheres of Jurisdiction; AND WHEREAS, Section 31(4) of the Municipal Act, 2001, as amended, provides that a Municipality may, by by-law, assume for public use all road allowances, highways, streets and lanes shown on a registered plan of subdivision; AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it expedient to assume for public use certain roads within the boundary of the Municipality of Brighton, NOW, THEREFORE, the Council of The Corporation of the Municipality of Brighton ENACTS AS FOLLOWS: 1. That the roadway shown as Beacon Drive from Cedar Street to Nautical Lane on Plan 39M-843, formally the Town of Brighton, now the Municipality of Brighton, County of Northumberland, is hereby assumed for public use by the Corporation of the Municipality of Brighton. 2. This by-law to come into force and take effect on the date of registration in the Northumberland Registry Office. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd, DAY OF DECEMBER, 2013. Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk Page 114 of 154 THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON BY-LAW NUMBER ___-2013 Being a by-law to authorize the Mayor and the Clerk to execute a Grant Funding Agreement between the Corporation of the Municipality of Brighton and Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment regarding funding from the Province to assist the Municipality with preparing to implement and to implement source water protection plans. WHEREAS, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; AND WHEREAS, Section 9 of the Municipal Act 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; AND WHEREAS, Section 11 (2) of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters in those Spheres of Jurisdiction; AND WHEREAS the Council of the Corporation of the Municipality of Brighton wishes to enter into a Grant Funding Agreement with the Province as represented by the Ministry of the Environment regarding funding to assist the Municipality with preparing to implement and to implement source water protection plans; NOW, THEREFORE, the Council of The Corporation of the Municipality of Brighton ENACTS AS FOLLOWS: 1. THAT the Mayor and the Clerk are hereby authorized to execute the Grant Funding Agreement between Her Majesty the Queen in the Right of Ontario as represented by the Ministry of the Environment and the Corporation of the Municipality of Brighton, a copy of which is attached hereto and forms part of this by-law. 2. THAT this By-law shall come into force and effect on the date of passage by the Council of the Corporation of the Municipality of Brighton Read a first and second time and read a third time and finally passed this 2nd day of December, 2013. _________________________________ Mark A. Walas, Mayor _________________________________ Gayle Frost, C.A.O./Clerk Page 115 of 154 The Corporation of the Municipality of Brighton By-Law No. 0XX-2013 Being a By-Law to Authorize the Mayor and the Clerk to execute an Agreement between Behan Construction Limited and the Municipality Of Brighton for Tender PW 2013-25 for the Road Reconstruction, Reconstruction of Storm Sewers and Urbanization of Terry Fox Drive Whereas, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; And Whereas, Section 8 and 9 of the Municipal Act, 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; And Whereas, Section 11(2) of the Municipal Act, 2001, as amended, specifies that a lower-tier municipality and an upper-tier municipality may pass by-laws, subject to the rules set out in subsection (4) respecting the following matters in 11(2) 2. Accountability and transparency of the municipality and its operations; and in 11(2) 5. Economic, social and environmental well-being of the municipality. Now Therefore the Council of the Corporation of the Municipality of Brighton enacts as follows: 1. That The Mayor and Clerk are hereby authorized and directed to execute an agreement with Behan Construction Limited Tender PW 2013-25 for the Road Reconstruction, Reconstruction of Storm Sewers and Urbanization of Terry Fox Drive for the stipulated sum of $651,170.57 before H.S.T. 2. That This By-Law will come into force and effect with the final reading and passing of the By-Law. Read a first, second time and third time, and finally passed this 2nd day of December, 2013. Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk Page 116 of 154 Accessibility Advisory Minutes Friday, November 8, 2013 Page 1 of 5 Municipality of Brighton Accessibility Advisory Committee Meeting Minutes Friday, November 8, 2013 - 67 Sharp Road Present: Pete Alker, Liz Riel, Sandy Fawcett-Kovacs, Nicole Vreeswyk, Linda Granger, Councillor John Martinello Staff Present: Patricia Johnston, Committee Secretary, Ken Hurford, Manager of Planning Services Absent: April Plumton, Councillor Mary Tadman Public: Mandy Scarr 1. The meeting was called to order at 9:30 am by Chairperson Liz Riel. RESOLUTION AC 13-43 Moved by Linda Granger Seconded by Sandy Fawcett-Kovacs THAT the Accessibility Advisory Committee approves the meeting agenda for November 8, 2013 with an addition being 6f) - Presqu’ile Landing sidewalk. Carried 2. DISCLOSURE OF PECUNIARY INTEREST & GENERAL NATURE THEREOF – None 3. 4. ADOPTION OF ACCESSIBILITY ADVISORY COMMITTEE MINUTES – October 18, 2013 RESOLUTION AC 13-44 Moved by Pete Alker Seconded by Sandy Fawcett-Kovacs THAT the Accessibility Advisory Committee approve the minutes of October 18, 2013 as circulated. Carried DELEGATION: None 5. REPORTS/BUSINESS 5a) “Are You Ready” forum on Ontario ParaSport Games, Cobourg – Sandy Fawcett Kovacs reported that the meeting was extremely informative. The Board of Education has advised the East Northumberland Secondary School track will be ready and used for the ParaSport events that are scheduled for Brighton. The event will be taking place in May, 2014. Page 117 of 154 Accessibility Advisory Minutes Friday, November 8, 2013 Page 2 of 5 5b) 2013 Annual Report– and 2014 Goals - The report and goals were discussed, expanded and amended. The Annual Report of 2013 and 2014 Goals will be presented to Council On December 2, 2013. RESOLUTION NO. AC 13-45 Moved by Councillor John Martinello Seconded by Pete Alker THAT the Accessibility Advisory Committee recommend that Council agree to transfer expenses of up to $500.00 from the 2013 Accessibility Budget - Advertising and Printing to the 2013 Accessibility Budget Training and Education in order to purchase 2 portable ramps. Carried 5c) 2014 – Annual Budget - The 2014 draft of the budget for the Accessibility Advisory Committee was discussed and the Committee made a few alterations to the amounts and agreed that the amount being requested was appropriate: Staff was asked to arrange for the Committee be a delegation at the December 2, 2013 meeting of Council to discuss the budget. Pete Alker and Liz Riel will finalize the presentation. RESOLUTION NO. AC 13-46 Moved by Councillor John Martinello Seconded by Linda Granger THAT the Accessibility Advisory Committee recommend a draft budget submission of $9,500.00 for Council’s consideration during the 2014 budget deliberationsto being: Honorariums $3,600.00 Mileage $ 500.00 Training & Education $2,000.00 Conference/seminars $1,500.00 Printing/advertising $1,500.00 Miscellaneous 500.00 Total $9,600.00 Carried 5d) Joint Meeting – The Committee agreed to take part in a joint meeting in early 2014 in Batawa with Belleville Accessibility Committee, Quinte West Accessibility Committee for discussion and an exchange of ideas. Additional information on actual location and dates will be decided in the New Year. Carried 5e) Meeting with DBIA - Pete Alker and Liz Riel spoke on their meeting with the Downtown Business Improvement Association. The discussions focused on the needs of the disabled and the best ways to serve them within the community. A power point was given indicating the various type of obstructions that are located in such a short area along Main Street. The items were pointed out as barriers to clear passage along the sidewalk for both the abled and disabled. Liz indicated that the response was positive and the DBIA members are now more aware of the needs of the disabled. Page 118 of 154 Accessibility Advisory Minutes Friday, November 8, 2013 Page 3 of 5 The Committee commented on the need for a by-law to be created to address the location, size, number and time of year of the various items that are allowed to be located on Main Street at one time. The by-law would aim to accommodate clear access along the sidewalks for everyone at any time of year. An additional concern about bikes being left lying on the sidewalk was also mentioned. RESOLUTION NO. AC 13-47 Moved by Councillor John Martinello Seconded by Sandy Fawcett-Kovacs THAT the Accessibility Advisory Committee recommend that Council consider a by-law that addresses the time of year, location, size and number of items that are placed on the Main Street sidewalks. Carried 5f) Presqu’ile landing Sidewalk – Councillor Martinello brought up concerns of residents regarding the sidewalk within Presqu’ile Landing. Staff will endeavor to conduct research on the on the sidewalks in that area. 6. CORRESPONDENCE: Mandi Scarr discussed a letter on accessibility at King Edward arena that was being proposed to go to Jim Millar, Director of Parks and Recreation. She requested more access to the public washrooms in the community centre area and requested that the staff look into the alteration of the handicapped parking spaces at the front of the arena and that they be enlarged to accommodate a vehicle that might have a lift on the back of it. Presently the wheel chair lift that has been outfitted on her vehicle extends over the sidewalk area. She suggests that the parking space be lengthened and the two parking spaces across and in front of the handicapped spaces be eliminated to give more space for the larger vehicle to back into the parking area. Staff offered to discuss this with the Arena staff and Public Works to see how this can be resolved. 7. 8. NEXT ACCESSIBILITY MEETING: At the call of the chair. ADJOURNMENT:– RESOLUTION AC 13-48 Moved by Chairperson Liz Riel THAT the Accessibility Advisory Committee adjourn at 11:50 a.m. Carried ______________________ Chairperson ___________________________ Committee Secretary Page 119 of 154 Page 120 of 154 Page 121 of 154 Page 122 of 154 Page 123 of 154 Page 124 of 154 Page 125 of 154 Page 126 of 154 Page 127 of 154 Page 128 of 154 Page 129 of 154 Page 130 of 154 Page 131 of 154 35 Alice Street, Brighton, ON K0K 1L0 Committee of the Whole Minutes November 25, 2013 3:00 p.m. North Fire Hall, Codrington Members Present: Chair, Deputy Mayor Craig Kerr, Mayor Mark Walas, Councillor Tom Rittwage, Councillor John Martinello, Councillor Emily Rowley, Councillor Mike Vandertoorn Staff Present: Gayle Frost, Chief Administrative Officer/Clerk, Linda Widdifield, Director of Finance & Administrative Services, and Ken Hurford, Manager of Planning Services 1. Call to Order The meeting was called to order by the Chair at 3:00 p.m. 2. Approval of Agenda Resolution No. CW- 2013-023 Moved by: Councillor Tom Rittwage Seconded by: Councillor Mike Vandertoorn That Council approves the Agenda for the November 25, 2013 Committee of the Whole meeting as presented Carried Councillor M ary Tadm an arrived at 3:05 p.m . 3. Declarations of Pecuniary Interest and the General Nature Thereof - None Councillor John M artinello arrived at 3:17 p.m . 4. Staff Reports: Library/Administration Building Housing The CAO gave an overview of the staff report regarding the options to address the housing needs of the library and municipal administration, as presented by Paul Evans at the October 7, 2013 Council meeting. Page 132 of 154 Resolution No. CW- 2013-024 Moved by: Councillor Mark Walas Seconded by: Councillor Mike Vandertoorn That the Committee move into closed session to discuss a possible property acquisition, being a subject regarding a proposed or pending acquisition or disposition of land by the municipality or local board pursuant to Section 239(2)(c) of the Municipal Act, 2001, as amended Carried Resolution No. CW-2013-025 Giving direction to staff regarding potential property acquisition. Resolution No. CW-2013-026 That the Committee adjourns the closed session and returns to open session. Resolution No. CW- 2013-027 Moved by: Councillor Tom Rittwage Seconded by: Mayor Mark Walas That the Committee recommend to Council that Option 4 be chosen for housing administration and library; and That staff be directed to work with the stakeholders to have a design completed. Carried 5. Question Period • Bob Burke had a question regarding the size of the building • Roger McMurray asked about parking and furnishings • Leslie Simka from Friends of the Library asked about the planning of the library • Adrian Ellis asked about the timeline 6. Adjournment Resolution No. CW- 2013-028 Moved by: Councillor Tom Rittwage Seconded by: Councillor Emily Rowley That the meeting of the Committee of the Whole be adjourned. Carried Craig Kerr, Deputy Mayor Gayle J. Frost, CAO/Clerk Page 133 of 154 Page 134 of 154 Page 135 of 154 Page 136 of 154 Page 137 of 154 Page 138 of 154 Page 139 of 154 Municipality of Brighton Police Services Board Meeting Minutes October 30th, 2013 1:00 p.m. King Edward Park Community Centre A meeting of the Municipality of Brighton Police Services Board took place on Wednesday October 30th, 2013, 1:00 p.m. at the King Edward Park Community Centre, Brighton, Ontario. Present: Mike Vandertoorn - Council Member Doug Zinnicker - Community Member/Vice Chair Mayor Mark Walas - Council Member Gerald Draaistra - Provincial Member Chuck McLeod - Provincial Member/Board Chair Staff: Diane Allore, Board Secretary OPP Sargent Paul Murray Visitors: Newspaper – John Campbell Five members of the public Absent: Staff Sargent and Detachment Commander Phil Pike, Northumberland OPP Northumberland OPP Inspector, Detachment Commander Doug Borton. CALL TO ORDER 1. Meeting was called to order by Chair Chuck McLeod at 1:00 p.m. Public Forum 2. 2014-2016 OPP Northumberland Detachment Business Plan a.) Brighton By The Bay Neighbourhood Watch group – Bill Fraser – see attached Mr. Fraser presented a request for representation and commitment in the 2014-2016 OPP Business Plan that specifically identifies seniors, and their need for safety and security. Page 140 of 154 b.) Ian Graham – Whites Road Mr. Graham requested a Road Watch proposal due to excessive speed on Whites Rd, raised his concern of constant discharge of firearms in the area and the need for more interaction of the OPP within the community. c.) Bob Millar – Whites Road Mr. Millar discussed his concerns of excessive speed on Whites Rd, due in part by trucks using the road. He requested a PSB radar speed sign be placed just east of Scriver Road and that the speed sign be installed onto a trailer for easy moving as opposed to the posts that are being put in place throughout town. d.) Tim Whitehouse – Harbour Street Mr. Whitehouse expressed his concerns of speeding on Harbour Street and the need for the radar sign to be placed there. e.) Reg Vargas Inquired about using the speed radar that ticketed licence plates but Sargent PAUL Murray that this form of radar now longer exists. Councillor Mike Vandertoorn suggested including enhanced radar patrols and speed controls in the 2014-2016 OPP Business Plan and to work with the Municipality and existing tools they have in place, to reduce speeding Mayor Mark Walas expressed his appreciation of all comments made respectfully today. Sargent Paul Murray thanked citizens for coming out and expressing their concerns, with plans to talk with CAO Gayle Frost concerning the radar speed signs. Item Closed APPROVAL OF AGENDA 3. Moved by Mike Vandertoorn, Seconded by Mark Walas that the Agenda be accepted as presented. Motion Carried DISCL-OSURES OF PECUNIARY INTEREST 3. There were no such disclosures. APPROVAL OF MINUTES 4. Moved by Mike Vandertoorn and Seconded by Gerald Draaistra that the Minutes of September 25th, 2013 be accepted as amended. Change paragraph 6b. from Protective Services Reserve Fund to Public Safety Reserve Fund. Motion Carried Page 141 of 154 BUSINESS ARISING FROM THE MINUTES 5. a) Warkworth Institution – OPP tracking system adjustments No comment as Inspector Borton was not at meeting. Brought Forward b) Safe Communities Update Inspector Doug Borton and Chair Chuck McLeod attended the October 21st Municipal Council Meeting to make a presentation for financial support for Safe Communities. The request was referred by council to the next budget and will be confirmed early next year. Brought Forward Information Management Project – Doug Zinnicker 6. a.) Records Management Update • Doug is waiting for input from the Municipal Office in order to move forward with this. Brought Forward b.) Board Manual Update • Binder will be complete for November meeting Brought Forward MONTHLY REPORTS October 2013 7. a) -Reports for October 2013 were discussed by Sargent Paul Murray of the OPP (all copies attached to “file” Minutes). • Matters of Interest several items in the report under “Matters of Interest” were reviewed. • 911 Hang up Calls- • Foot Patrol – 48.75 • 9-1-1 Calls - 8 • Warkworth Institution – 212.50 hrs • Calls for Service – 226 • Break and Enter - 4 • Mischief – 6 • Theft – 4 Page 142 of 154 • Assaults – 2 • False Alarms – 5 • Motor-Vehicle Collisions – 7 • Revenue Collected – 594.00 • Constable YTD Actual Hours per mth – 2059.00 • Constable YTD Overtime Hours per mth – 104.25 • Ride Checks – 9 • Provincial Offences Act Charges-196 Moved by Doug Zinnicker, seconded by Mike Vandertoorn, to accept the Monthly Reports as presented. Motion Carried CORRESPONDENCE 8. a.) Letter from Ministry of Community Safety and Correctional Services – use of Ontario Government Vendor of records (VOR arrangements) Copy of letter referred to CAO Gayle Frost. b.) Letter from OPP Municipal Policing Bureau – 2013 Semi-Annual Contract Policing Costs for OPP. Letter was read and received Moved by Doug Zinnicker, seconded by Mike Vandertoorn, to accept the Correspondence as presented. Motion Carried NEW BUSINESS 9. a.) OAPSB Municipal Policing Seminar-Toronto, September 26-27, 2013 Vice Chair Doug Zinnicker attended the meeting in Toronto- see attached Meeting key points were: OPP Municipal Policing Billing Reform, Coordinated Bargaining, OPP Technology Innovations, Data Integration Project and Future of Policing Advisory Committee b.) 2013 Third Quarter Report Moved by Gerald Draaistra, seconded by Mayor Mark Walas, to accept the third quarter monthly Police Services Board financial report as presented. Motion Carried Page 143 of 154 c.) Remembrance Day Wreath A motion was made to purchase the Brighton PSB Remembrance Day Wreath. Moved by Mayor Mark Walas, seconded by Mike Vandertoorn, to approve the purchase of a Remembrance Day Wreath at a cost of $60.00 Motion Carried Round Table 10. None IN CAMERA AGENDA 11. Not Required ADJOURNMENT 12. Moved by Mike Vandertoorn that the meeting be adjourned at 2:30 p.m. Motion Carried The next regular meeting will be held Wednesday Nov 27th, 2013 at 1:00 p.m. at the King Edward Park Community Centre, Elizabeth Street, Municipality of Brighton. ___________________________ CHAIR Chuck McLeod _____________________________ SECRETARY Diane Allore ITEMS TO BE BROUGHT FORWARD ITEM SUBJECT Records Management ACTION BY DATE Doug Zinnicker Nov 27/13 Page 144 of 154 Board Manual Doug Zinnicker Nov 27/13 Warkworth Institution –tracking Inspector & Detachment Commander Doug Borton Nov 27/13 Safe Communities Funding Inspector & Detachment Commander Doug Borton Budget Approval 2014 Page 145 of 154 Page 146 of 154 Page 147 of 154 Page 148 of 154 Page 149 of 154 Page 150 of 154 Page 151 of 154 Page 152 of 154 Page 153 of 154 Page 154 of 154 Page 155 of 154