AGENDA Municipality of South Dundas ONE HUNDRED NINTH ...€¦ · 1/9/2018 · Tuesday, Sep 16,...

AGENDA

Municipality of South Dundas

ONE HUNDRED NINTH MEETING of the Fifth Council

Tuesday, Sep 16, 2014 7:00 PM

Page

1. CALL TO ORDER

2. CONFIRMATION OF AGENDA

a) Additions, Deletions or Amendments

All matters listed under General Consent, are considered to

be routine and will be enacted by one motion. Should a

Council member wish an alternative action from the

proposed recommendation, the Council member shall

request that this matter be moved to the appropriate section

at this time.

3. DECLARATION OF PECUNIARY INTEREST AND THE

GENERAL NATURE THEREOF

4. ADOPTION OF MINUTES

a) One Hundred Eighth 4 - 7

5. GENERAL CONSENT - all items are accepted and approved

and the appropriate Department Head will proceed as

necessary

a) Ratepayer Correspondence

Re: Drainage

8

b) Economic Development Officer - Key Information Report

Re: Economic Development Strategy and Community

Strategic Plan

9 - 11

c) Manager of Planning & Enforcement - Key Information

Report

Re: Tender No. PE14-03 (Yard Clearing)

12

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d) Manager of Public Works - Key Information Report

Re: Water/Wastewater Report

13 - 24

e) Clerk - Key Information Report

Re: Electronic Agenda/tablets

25

f) Clerk - Key Information Report

Re: Council Meeting Dates

26

g) Activity Reports

- Economic Development Officer

- Recreation Program Coordinator

- Manager of Public Works

27 - 31

6. PUBLIC MEETING

a) Zoning By-Law Amendment - 5551 County Rd 1/Carman

Rd

32 - 33

b) Zoning By-Law Amendment - 13534 Grantley Rd 34 - 35

7. DEPUTATIONS/PETITIONS/PRESENTATIONS

a) EDP Renewables Canada Limited - Ken Little

Re: South Branch Community Fund Proposed Guidelines

36 - 37

8. COUNCIL/DEPARTMENTAL/COMMITTEE REPORTS

a) Treasurer Report 2014-05

Re: Water and Sewer Rate Notice to Residents

38 - 39

b) CAO Report 2014-09

Re: Ontario Community Infrastructure Fund and Small

Communities Fund Potential Projects

40 - 41

9. CORRESPONDENCE (Action)

10. NOTICES OF MOTIONS

11. UNFINISHED BUSINESS/DISCUSSION ITEMS

a) Summary 42

b) Procedural By-Law Review

(Please bring your copies)

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12. BY-LAWS

a) Amend By-Law 2006-41 (water/sewer rates) 43 - 45

b) Compliance Audit Committee 46 - 53

c) Zoning By-Law Amendment - 5551 County Rd 1/Carman

Rd

54 - 56

d) Zoning By-Law Amendment - 13534 Grantley Rd 57 - 59

e) Sale of Land 60

f) Agreement - South Branch Community Fund 61 - 70

g) Entranceways 71 - 77

h) Confirmatory

13. IN CAMERA

14. ADJOURNMENT

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MINUTES

ONE HUNDRED EIGHTH MEETING OF THE FIFTH COUNCIL OF

THE CORPORATION OF THE MUNICIPALITY OF SOUTH DUNDAS

The One Hundred Eighth Meeting of the Fifth Council of the Corporation of

the Municipality of South Dundas was held in the Council Chambers at 7:00 p.m., Tuesday, September 2, 2014.

Present: Mayor Byvelds Deputy Mayor Locke

Councillors Delegarde, Mellan Chief Administrative Officer McDonald

Clerk Brunt

Treasurer

Regrets: Councillor Graham

CALL TO ORDER

CONFIRMATION OF AGENDA – Additions, Deletions or Amendments

Additions: Discussion Items – South Dundas Chamber of Commerce

Oktoberfest

DECLARATION OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF

Mayor Byvelds and Councillor Mellan disclosed a pecuniary interest in all matters pertaining to By-Law No. 2014-75 - paving of Parlow Road.

ADOPTION OF MINUTES

Resolution No. 10-14-1261 Moved by Councillor Mellan

Seconded by Councillor Delegarde THAT the minutes of the One Hundred Sixth and One Hundred Seventh and

the minutes of the One Hundred Sixth In Camera Meeting of the Fifth Council of the Corporation of the Municipality of South Dundas be adopted as

circulated. CARRIED

GENERAL CONSENT – all items are accepted and approved and the

appropriate Department Head will proceed as necessary.

Resolution No. 10-14-1262 Moved by Councillor Delegarde

Seconded by Councillor Mellan THAT all items listed under the General Consent section of the Agenda be

adopted as presented with the exception of 5e) CAO-KIR-Office Cleaning and 5f) CAO-KIR-Ontario Community Infrastructure Fund and Small

Communities Fund be moved to Reports. CARRIED

1. Public Works – Key Information Report – Water/Wastewater Report

2. Clerk – Key Information Report – 2014 Permit Summary (April-June)

One Hundred Eighth

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Minutes -2- September 2, 2014

GENERAL CONSENT (Cont’d)

3. Clerk – Key Information Report – Mural Review

4. Clerk – Key Information Report – Procedural By-Law

5. CAO – Key Information Report – Office Cleaning

6. CAO – Key Information Report – Ontario Community Infrastructure

Fund and Small Communities Fund

7. Activity Reports – Manager of Planning & Enforcement – Fire Chief

– Finance Intern

– Treasurer – Clerk

– CAO

DEPUTATIONS/PETITIONS/PRESENTATIONS

1. United Way

Representatives, Lori Greer and Luc Lascelle, provided an update

about the 2013 Campaign and their goals for 2014.

2. South Nation Conservation

Josee Brizard, Team Lead of Forest Resources, presented the

Forestry Program Update and the effectiveness in South Dundas.

COUNCIL/DEPARTMENTAL/COMMITTEE REPORTS

1. Treasurer

Report No. TR2014-04 – Financial Statements Resolution No. 10-14-1263 Moved by Councillor Mellan

Seconded by Councillor Delegarde THAT the Council of the Municipality of South Dundas approve Report

No. TR2014-04 to accept the 2013 Financial Statements as presented by Craig Keen Despatie Markell LLP on May 20, 2014.

CARRIED

2. Clerk A) Report No. CLK2014-08 – Council Remuneration

Resolution No. 10-14-1264 Moved by Councillor Delegarde Seconded by Councillor Mellan

THAT the Council of the Municipality of South Dundas accept Report No. CLK2014-8 to approve Option C and the recommendations for mileage,

per diem and conference allowance for 2014-2018 Council.

CARRIED

AMENDMENT Moved by Councillor Delegarde Seconded by Councillor Mellan

Approve Option D MOTION TO AMEND CARRIED

MAIN MOTION CARRIED AS AMENDED

One Hundred Eighth

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COUNCIL/DEPARTMENTAL/COMMITTEE REPORTS (Cont’d)

B) Report No. CLK2014-09 – Sale of Land

Resolution No. 10-14-1265 Moved by Councillor Mellan Seconded by Councillor Delegarde

THAT the Council of the Municipality of South Dundas approve Report No. CLK2014-9 to declare the property at Concession 5, Part Lot 30, all

of PIN 66141-0262 (LT) – vacant land on Locke Lane in Williamsburg as surplus and sell the same.

CARRIED

3. CAO – Key Information Report - Office Cleaning was presented for discussion. The CAO explained the current contract conditions and that

a tender will be drafted to begin in 2015.

4. CAO – Key Information Report - Ontario Community

Infrastructure Fund and Small Communities Fund - The CAO outlined the potential projects for the funding application and will

provide a list to Council, to choose from, at the next meeting.

CORRESPONDENCE – Nil

NOTICES OF MOTIONS – Nil

UNFINISHED BUSINESS/DISCUSSION ITEMS

1. Summary received and clarification on projects discussed.

2. South Dundas Chamber of Commerce

Permission was requested to have an Oktoberfest event at the

Morrisburg Plaza.

Resolution No. 10-14-1266 Moved by Councillor Delegarde Seconded by Councillor Mellan

THAT the Council of the Municipality of South Dundas approve the Oktoberfest event in principle by the South Dundas Chamber of

Commerce.

AND THAT the Morrisburg BIA approve their participation in the event.

CARRIED

BY-LAWS

1. Agreement – Advantage Data Collection Limited Resolution No. 10-14-1267 Moved by Deputy Mayor Locke

No. 2014-73 Seconded by Councillor Mellan THAT By-Law No. 2014-73, being a by-law to enter into an Agreement

with Advantage Data Collection Limited for traffic sign retroreflectivity inspection and inventory of signs, be read and passed in open Council,

signed and sealed. CARRIED

One Hundred Eighth

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BY-LAWS (Cont’d)

2. Amend By-Law 2013-33 (Water/Sewer Rates)

Resolution No. 10-14-1268 Moved by Councillor Mellan No. 2014-74 Seconded by Deputy Mayor Locke

THAT By-Law No. 2014-74, being a by-law to amend By-Law No. 2013-33 to enact rules and regulations to inspect, install, repair, replace or

alter water meters and related appurtenances, including the penalties for offences, be read and passed in open Council, signed and sealed.

DEFERRED

Mayor Byvelds vacated the Chair at this point in the meeting. Deputy Mayor Locke assumed the Chair for this topic.

3. Agreement – Cruickshank Construction Limited Resolution No. 10-14-1269 Moved by Deputy Mayor Locke

No. 2014-75 Seconded by Councillor Delegarde THAT By-Law No. 2014-75, being a by-law to enter into an Agreement

with Cruickshank Construction Limited for the paving of Parlow Road, be read and passed in open Council, signed and sealed.

CARRIED

Mayor Byvelds resumed the Chair.

4. Confirmatory Resolution No. 10-14-1270 Moved by Councillor Delegarde

No. 2014-76 Seconded by Deputy Mayor Locke THAT By-Law No. 2014-76, being a by-law to adopt, confirm and ratify

matters dealt with by resolution, be read and passed in open Council,

signed and sealed. CARRIED

IN CAMERA – Nil

ADJOURNMENT

Resolution No. 10-14-1271 Moved by Deputy Mayor Locke

Seconded by Councillor Delegarde THAT Council now adjourn to meet again at the call of the Chair.

CARRIED

______________________

MAYOR

______________________ CLERK

One Hundred Eighth

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Ratepayer Correspondence

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MUNICIPALITY OF SOUTH DUNDAS

Economic Development and Tourism Department

Key Information Report

To: Mayor and Members of Council

From: Nicole Sullivan, Economic Development Officer

Date: September 16th, 2014

Subject: Implementation of Economic Development Strategy and

Community Strategic Plan Recommendations to Date

Background:

Council has adopted the following strategies to guide community and

economic development. All were developed with the public’s input. This is a

summary of the initiatives that have been implemented since the strategies

were adopted.

Highlights:

Set a strategic direction and followed through with

recommendations to ensure initiatives respect community values and

are continually building towards the collective vision. Examples include

Community Strategic Plan, Economic Development Strategy, Tourism

Product Development Strategy and the Morrisburg & Iroquois

Waterfront Plans.

Implemented branding for the Municipality and the Upper

Canada Region to provide the foundation for consistent advertising

that builds recognition and supports more effective communications

and marketing.

Enhanced communications with ratepayers to complement

services provided and engage residents/businesses in municipal

affairs.

Embraced strategic partnerships in tourism and economic

development promotions to align with and leveraging the marketing

initiatives done by larger marketing partners including Cornwall & the

Counties Tourism, the St. Lawrence Parks Commission and United

Counties of SDG.

Economic Development Officer - Key Information Report

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Discussion:

Economic Development Strategy (2012)

Implementation of Upper Canada Region Branding

o Hamlet Signage featuring Branding

o Creation of Website: UpperCanadaRegion.ca

o Development of Partner Logo & Terms of Use

o Full 2014 Upper Canada Region Marketing Campaign

o Official Launch of the Upper Canada Region Brand: May 2014

o Instillation of Enhanced Boundary Signs on Highway 401

(Pending)

Development of Marketing Materials Regarding Economic Development

o Development of Target Sector Promotional Pieces

o Combined SDG insert for 2014 Cornwall Living Magazine

o Update of Community Profile (In Progress)

o Continual Updates of Business Section of Website (In Progress)

Development and Implementation of Tourism Product Development

Strategy (2013)

o Embrace “paperless” promotional opportunities including the

introduction of an online marketing campaign

o Relocation of Tourist Information Centres

o Development of a Historical Display at the Morrisburg Visitor

Information Centre

o South Dundas Municipal Centre Art Hanging Program

o Continued Participation in the Eastern Ontario Agrifood Network

Local Food Map

Provide Entrepreneurship Training in Partnership with the Cornwall

Business Enterprise Centre

o Hosting regular Business Breakfasts

o Continuous One on One Meetings with Small Businesses

Development of Industrial Lands

o Roadway Extension in the Morrisburg Business Park (In

Progress)

Consideration of Community Improvement Plans

o Williamsburg Business Meeting regarding the potential for a CIP

o Working with Morrisburg BIA re: Repairs to the Plaza


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Community Strategic Plan (2012)

Improve Communications with Ratepayers

o Implementation of Corporate Identity Toolkit and

Communications Policy

o Development of a Collective Community Guide Mailed to

Ratepayers

o Introduction of a Monthly Electronic Newsletter

o Advancement of Online Community Calendar

o Presence at Chamber of Commerce Spring Home and Trade

Show

o Creation of a Communications Coordinator position to increase

frequency and quality of media releases, social media, website

updates, etc.

Greening and Beautification

o Replacement of Hamlet & Facility Signage

o Creation of Welcome Gardens in Morrisburg & Iroquois

o Promotion of Community Clean-Up Days in Municipal Newsletter,

Website, Social Media, etc.

o Implementation of a Sign By-law (Pending)

Waterfront Development

o Preliminary Designs Completed/Underway in Morrisburg &

Iroquois Respectively

o Support for Lion’s Club Finger Docks Project

o Instillation of new picnic tables for Morrisburg Waterfront under

Lions Club Pavilion

o New Sidewalks and Lighting (Pending) in Morrisburg Waterfront

Park


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Planning & Enforcement Department



From: Donald JW Lewis, Manager Planning & Enforcement

Date: September 16, 2014

Subject: Removal of Debris from private property Tender No. PE14-13 Yard Clearing By-Law No. 2001-34

Background:

Municipal staff prepared a scope of work for the removal of yard debris from a private property located within South Dundas.

Quotations were advertised via our local newspapers, Municipal website, etc. Six

contractors did request copies of the quotation packages; however, none have submitted proposals.

Discussion:

Municipal staff will retain a private contractor and the necessary equipment to

execute the original scope of work as per original quotation advertised.

All costs will be collected in the same like manner as Municipal taxes.

Manager of Planning & Enforcement - Key Information Report

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MUNICIPALITY OF SOUTH DUNDAS 34 Ottawa Street, P.O. Box 740 Morrisburg ON K0C 1X0 613.543.2673 l southdundas.com

Water and Wastewater

Monthly Report to Council

August 2014

Compiled by: Ian Kemp Supervisor Water and Wastewater Operations

Manager of Public Works - Key Information Report

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Compiled by: Ian Kemp

Supervisor Water and Wastewater Operations Page 2

Index

South Dundas Water Treatment Works 3 Morrisburg Waste Water Treatment Works 5 Iroquois Waste Water Treatment Works 6 Williamsburg Lagoon 7 Appendix A Call in Reports 9 Appendix B Distribution & Collection Repairs 12


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South Dundas WTW

Flows:- Total Raw 109,452.00 (m3)

Total Treated 91,113.00 (m3)

Average 2,939.13 (m3/day)

Maximum 3,996.00 (m3/day) Sampling/compliance In compliance with The Safe Drinking Water Act 2002 O.Reg.170/03 During the present reporting period 4 raw water samples, 4 treated water samples and 13 distribution samples were taken and analysed during this report period There were NO ADVERSE RESULTS during this period.

Maintenance

All scheduled maintenance activities performed during the month complied with manufacturers schedules.

Call-Ins

Call-ins numbered 10 during this report period, as listed in Appendix A Locates

A total of 43 locates were performed during this report period. Customer Requests

A total of 2 customer requests during this reporting period


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Service Turn On A total of 0 service turn on requests where performed during this reporting period.


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Morrisburg WWTW

Flow:- Total 77,710.00 (m3)


Maximum 5,611.00 (m3/day) Sampling/compliance As per the Certificate of Approval #2147-734-L2K issued under the Ontario Water Resources Act Section 53 & The Environmental Protection Act. Influent and effluent samples are collected on a weekly basis and analysed by an accredited Laboratory. Results listed below. There were NO ADVERSE RESULTS during this period.

RAW INFLUENT

BOD5 mg/l 22

Suspended solids mg/l 26

TKN mg/l 11.3

Total phos mg/l 1.28

FINAL EFFLUENT AVERAGE

BOD5 mg/l 3.0

Suspended solids mg/l 3.25

Ammonia/Ammonium mg/l 0.035

TKN mg/l

Total Phos mg/l 0.275 Maintenance All scheduled maintenance activities performed during the month complied with manufacturers schedules. Bypass Events No events to report during this reporting period.


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Iroquois WWTW

Flow:- Total 66,947.00 (m3)


Maximum 4,154.00 (m3/day) Sampling/compliance As per the Certificate of Approval #3-0051-79-006 issued under the Ontario Water Resources Act Section 53 & The Environmental Protection Act. Influent and effluent samples are collected on a weekly basis and analysed by an accredited Laboratory. Results listed below. There were NO ADVERSE RESULTS during this period.

RAW INFLUENT

BOD5 mg/l 24.0


TKN mg/l 2.79

Total phos mg/l 0.31 FINAL EFFLUENT

BOD5 mg/l 3.0


Ammonia/Ammonium mg/l 0.0225

TKN mg/l 0.5675

Total Phos mg/l 0.3175 Maintenance All scheduled maintenance activities performed during the month complied with manufacturers schedules. Bypass Events No events to report during this reporting period.


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Williamsburg Lagoon

Flow:-Influent Total 6,784.00 (m3)

Average 218.84 (m3/day)

Maximum 340.00 (m3/day)

Flow:- Effluent Total 0.00 (m3)

Average 0.00 (m3/day)

Maximum 0.00 (m3/day)

Sampling/compliance As per the Certificate of Approval #3-0456-84-887 issued under the Ontario Water Resources Act Section 53 & The Environmental Protection Act. Influent and effluent samples are collected on a weekly basis and analysed by an accredited Laboratory. Results listed below. There were NO ADVERSE RESULTS during this period.

RAW INFLUENT

BOD5 mg/l 110

suspended solids mg/l 108

TKN mg/l 41.6

Total phos mg/l 4.64

FINAL EFFLUENT

BOD5

mg/l n/a

Suspended solids mg/l n/a

Ammonia/Ammonium mg/l n/a

TKN mg/l n/a

Total Phos mg/l n/a


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Maintenance All scheduled maintenance activities performed during the month complied with manufacturers schedules. Bypass Events No events to report during this reporting period


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APPENDIX A

AUG Call In Reports - 10

Aug 12th 2014 @ 04:10 pm

Morrisburg WWTW:

UV high temp cabinet alarm

Reset alarm open cabinet doors, called Calgon , will attempt to remedy problem in am

Attended by: - Denis Villenueve

Aug 14th 2014 @ 01:40 am

South Dundas Regional Treatment Plant:

Zenon call out alarm, Iroquois highlift pump 1,2,3 disconnect open

Arrived at facility to notice both alarms. Highlift pumps will not run in auto. Turned on highlift pump #1 to start

filling tower. Will allow it to fill so as to have enough water to last through the night. Cleared all faultson the pumps

and alarm panel.

Attended by: - Andrew Cassell

Aug 15th 2014 @ 04:10 am

South Dundas Regional Treatment Plant:

Zenon call out alarm, Iroquois highlift pump 1,2,3 disconnect open

Arrived at facility to notice both alarms Iroquois tower is still full. Reset faults on pumps and cleared alarm panel

Attended by: - Andrew Cassell

Aug 16th 2014 @ 06:41 am

SD Regional TP

Primary disinfection pump p-68-4, p-68-3

Checked flow sensors on both pumps by running in manual. Both flow sensors were not registering flow .replaced

both sensors. Also replaced the prv as this was not holding. Both pumps functioning normally ,cleared alarms and

alarm panel.

Attended by:- Andrew Cassell


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Aug 17th 2014 @ 08:10 am

SD Regional TP

Zenon callout alarm

Attempted to run an MIT but scada could not recognise the results. Attempted to reset alarms with no success.

Reset the train breaker, once rebooted alarm had cleared. Attempted to restart the trains but would keep faulting

to due permeate pumps not functioning correctly, reset all permeate pumps at main breakers. Filters now

operating correctly, kept train 3 out of service and will repair in the am


Aug 18th 2014 @ 04:00 am

Morrisburg WWTW

Pump station low level alarm

The radar level indicator had a glitch but cleared instantaneously. Cleared alarm and reset alarm panel


Aug 22th 2014 @ 07:45 pm

SD Regional TP

Water leaking from tower

Received a call from opp dispatch ref customer noticed water coming from Morrisburg tower. Grass and driveway

around tower was wet, but no active leak from tower was noticed during site visit. Inspected both valve chambers

at the tower but no leaks detected. Reviewed the trends and suspect that LIT-4926-4 is reading inaccurately .

Attended by:- Curtis Whitteker

Aug 25th 2014 @ 06:45 pm

SD Regional TP

Morrisburg water tower low level alarm

Reviewed the trends and suspect that LIT-4926-4 is reading inaccurately .



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Aug 25th 2014 @ 08:21 pm

SD Regional TP

Received call from dispatch ref. water tower leaking

Confirmed water leaking at the top of the tower. The LIT is not reading accuratly


Aug 27th 2014 @ 04:51 pm

SD Regional TP

Chemical leak alarm

Acknowledged and reset alarm on security/fire panel. Alarm cleared, no leaks in chemical room



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APPENDIX B

AUG Distribution and Collection Repairs - 5

Aug 14th 2014 @ 08:00 am

Morrisburg collection:- 30 Park Drive

Sewer lateral Repair completed @16:00 pm

Aug 16th 2014 @ 08:30 am

Morrisburg collection:- 56 Meikle Street

Sewer lateral Repair completed @16:00 pm

Aug 17th 2014 @ 08:00 am

Morrisburg distribution:- 12041 County Road 2

Water Main Repair completed @12:30 pm

Aug 22nd 2014 @ 08:30 am

Iroquois distribution:- 8 Beach Street

Water Main Repair ccompleted @19:00 pm

Aug 26th 2014 @ 07:30 am

Iroquois distribution:- 10 Station Road

Hydrant replacement completed @14:00 pm


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Administration Department

Key Information Report To: Mayor and Members of Council

From: Brenda Brunt, Clerk


Subject: Electronic Agenda/tablets

Background:

In 2012 staff began using software created by the United Counties called Electronic Agenda

Creator. It has proved to be a useful tool however very time consuming to use. Since changing our computers this year it has been a challenge with our software to use the County software. Staff continue to use it in hopes of Council converting to the use of

tablets and the Counties continuing with the upgrade.

Council have had their agendas on time electronically and this proves useful when they can’t come to the office to pick up before a weekend.

Comments/Observations:

The Counties have outlined enhancements to this program in August 2014. The enhancements will give full capability to provide the agenda for use on a tablet (Microsoft Surface) or Ipad (Apple).

Providing Council agenda packages electronically accomplishes efficiencies in the following

areas:

Cost savings associated with paper, ink, use of photocopier and maintenance;

Staff time involved in photocopying;

Council would have easy access to previous agendas with full package, at every

meeting in a searchable format;

All key documents (such as orientation information, procedural by-law, etc.) could be

provided on the device for easy and accessible reference;

All tablets would have Microsoft Word, Excel, Outlook and PowerPoint preloaded.

Council members will be offered the option of receiving a table and agenda electronically, or receive the agenda in hard copy. The Counties are changing to this system and providing tablets to County Council. They have offered to purchase tablets

for the municipalities at the same time for cost savings.

Clerk - Key Information Report

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Administration Department



From: Brenda Brunt, Clerk


Subject: Council meeting dates

Background:

During an election year it is difficult to organize the meeting dates in January. However, the dates set for 2014 were October 7, 21 and November 18.

Discussion:

Voting starts on October 22 and will be set up in the Council chambers until October

27 when it will be switched to the Recreation Programming Area. Therefore, the October 21 meeting will be cancelled due to set up and a meeting set for November

4.

Also, due to the orientation meetings being set up for the end of November it is suggested that the November 18 meeting be cancelled and November 4 would be

the last meeting for the 2010-2014 Council.

Previously set dates New dates

October 7 October 7

October 21 November 4 November 18

Clerk - Key Information Report

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Activity Reports

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Zoning By-Law Amendment - 5551 County Rd 1/Carman Rd

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Zoning By-Law Amendment - 13534 Grantley Rd

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EDP Renewables Canada Limited - Ken Little

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Treasurer Report 2014-05

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CAO Report 2014-09

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September 16, 2014

UNFINISHED BUSINESS SUMMARY

SUBJECT MATTER REFERRED TO RESPONSE EXPECTED

STATUS

Signs MPE 2014 Legal Review

Exotic Animal By-law MPE 2014 Legal Review

Traffic By-law MPE 2014 Legal Review

Entrance Policy MPW On Agenda

Irish Headline Rd – Engineering Valuation from EDP

MPW 2014 Waiting on EDP Report

Summary

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BY-LAW NO. 2014-74

A BY-LAW to amend By-Law No. 2006-41 to enact rules and regulations to inspect, install, repair, replace or alter water meters

and related appurtenances, including the penalties for offences.

WHEREAS the Municipality of South Dundas regulates the supply and use of water and sewer;

AND WHEREAS it is deemed necessary to review the set fees and amend

accordingly;

NOW THEREFORE the Council of the Corporation of the Municipality of

South Dundas enacts as follows:

1. That Schedule “A” to By-Law No. 2013-33 is hereby repealed in its entirety.

2. And that Schedule “A” attached hereto and forming part of this By-

law is hereby adopted.

3. All other terms and conditions of By-Law No.’s 2006-41 and 2008-96 shall remain in effect.

4. This By-law shall come into full force and effect on October 1, 2014.

READ and passed in open Council, signed and sealed this 2nd day of

September, 2014.

___________________________

MAYOR

___________________________ CLERK

Amend By-Law 2006-41 (water/sewer rates)

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Schedule "A"

to By-Law No. 2014-74

Schedule of Fees

Water Rates, Sewer Surcharge Rates and Miscellaneous Charges

Water Fixed/Flat Rate

Residential $ 30.26 Industrial, Commercial, Institutional $ 30.26

Multi-Residential $ 30.26

Water Metered/Consumption Rate

Residential $0.65 per m3

Industrial, Commercial, Institutional $0.65 per m3

Multi-Residential $0.65 per m3

Sewer Use Surcharge

For all Sewer users - Morrisburg 75% of the Water Rate

For all Sewer Users - Iroquois 100% of the Water Rate

Where there is municipal sewer use and no municipal water use or where the sewer use is disproportional to the water use; the municipality may

establish a special rate.

Minimum sewer surcharge will be equal to 75% of the minimal water rate for Morrisburg and 100% for Iroquois.

Disconnect/Connect Charges

The disconnect/connect of water and sewer lines will be performed by the

Municipality of South Dundas and/or its agents.

Disconnect Fee $ 75.00 Disconnect Fee after hours $100.00

Connect Fee $ 75.00 Connect Fee after hours $100.00

Temporary disconnect/connect for repairs to property owner system within

48 hours:

During working hours $ 50.00

After working hours $ 75.00

Request for disconnect/reconnect must be received in writing by property owner. During reconnect there must be someone present in the building.


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Schedule “A” (Continued)

Disputed Meter Testing

Deposit $100.00 per meter Charge Actual cost plus expenses

Miscellaneous Uses

The following rates for miscellaneous water uses, including swimming pools and construction, etc.:

Metered source $3.00 per m3

Fire Line Charges

Annual Fire line charges are applicable where units have installed a fire

suppression system that utilizes the municipal water supply as follows:

50 mm (2") $ 250.00 per year 75 mm (3") $ 300.00 per year

100 mm (4") $ 500.00 per year 150 mm (6") $ 750.00 per year

200 mm (8") $1,000.00 per year 250 mm (10") $1,250.00 per year

300 mm (12") $1,500.00 per year

Water Services and Taps

Water Services All sizes Cost plus 15%

Water Meters

Supply of water meter $ 225.00 plus applicable taxes

Deposits shall be paid to Rideau St. Lawrence

Residential Tenants $200.00

Commercial Tenants $200.00

The deposit will be retained by RSL until such time that the service is

terminated by the tenant and the account is paid in full.


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Compliance Audit Committee

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Zoning By-Law Amendment - 5551 County Rd 1/Carman Rd

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Zoning By-Law Amendment - 13534 Grantley Rd

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THE CORPORATION OF THE MUNICIPALITY OF SOUTH DUNDAS BY-LAW NO. 2014-80 A BY-LAW to authorize the Sale of Land. WHEREAS the Municipal Act, 2001, authorizes municipal power, including a municipality’s capacity, rights, powers and privileges shall be exercised by by-law unless the municipality is specifically authorized to do otherwise; AND WHEREAS the Municipal Act, 2001, gives the municipality the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this Act; WHEREAS Council has deemed it necessary to sell lands are no longer required for municipal purposes; AND WHEREAS the provisions of Policy 1-10 that establishes procedures for the sale of real property owned by the Municipality have been adhered to; AND WHEREAS the Corporation of the Municipality of South Dundas is the owner of certain lands and is desirous of selling these lands; NOW THEREFORE Council of the Corporation of the Municipality of South Dundas enacts as follows:

1. That this By-law authorizes the sale of the lands. 2. And That these lands shall be sold as:

Part of Lot 30, Concession 5 as in DR56288, Geographic Township of Williamsburg, now Municipality of South Dundas, County of Dundas, being PIN 66141-0262 (LT) to John and Susan Nicholls for the price of $500.00 plus H.S.T.

3. That the Mayor and Clerk be authorized to execute any documentation necessary to complete the said sale.

READ and passed in open Council, signed and sealed this 16th day September, 2014.

__________________________ MAYOR

__________________________ CLERK

Sale of Land

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BY-LAW NO. 2014-81

A BY-LAW to enter into an Agreement with South Branch Wind Farm Limited Partnership, a subsidiary of EDP Renewables Canada

Ltd., to establish the South Branch Community Fund Agreement.

WHEREAS the Municipal Act, 2001, S.O. 2001, Chapter 25, Section 5 (3) as amended, provides that the powers of the municipality shall be

exercised by by-law;

AND WHEREAS the Municipality of South Dundas desires to execute an Agreement with South Branch Wind Farm Limited Partnership to establish

funding to benefit the community near the South Branch Wind Farm.

NOW THEREFORE the Council of the Corporation of the Municipality of

South Dundas enacts as follows:

1. That an Agreement be executed with South Branch Wind Farm Ltd. Partnership, a subsidiary of EDP Renewables Canada Ltd. in

accordance with Schedule “A” attached to this by-law.

2. That the Mayor and Clerk are hereby authorized to execute all documents as required to effectively carry out this Agreement.

READ and passed in open Council, signed and sealed this 16th day of

September, 2014.

___________________________ MAYOR

___________________________

CLERK

Agreement - South Branch Community Fund

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Schedule "A"

to By-Law No. 2014-81

SOUTH BRANCH COMMUNITY FUND AGREEMENT

THIS SOUTH BRANCH COMMUNITY FUND AGREEMENT (“Agreement”) is

made and entered into as of the 16th day of September, 2014 (the “Effective Date”) by and between The Corporation of the Municipality of

South Dundas (“South Dundas”) and South Dundas Windfarm Limited Partnership (“Wind Company”), a partnership organized under the laws of

Ontario. South Dundas and Wind Company are sometimes each referred to herein as a “Party” and collectively, as the “Parties.”

RECITALS

WHEREAS, South Dundas is a Municipal Corporation within the meaning of

the Municipal Act, 2001, S.O. 2001, Chapter 25. AND WHEREAS Wind Company is operating a 30 megawatt (“MW”) wind

power energy facility in South Dundas, Ontario (the “Project”) comprised of ten (10) wind turbine generators, pursuant to a Feed In Tariff Contract

(as amended from time to time, the “PPA”) dated April 30, 2010 between the Ontario Power Authority and the Wind Company;

AND WHEREAS Wind Company and South Dundas wish to ensure that the Project delivers benefits to residents of the Municipality;

AND WHEREAS, the Wind Company wishes to further its policy of good corporate citizenship to enhance the economic development and future

well-being and quality of life of the citizens of the Municipality; and AND WHEREAS in order to further the goal of delivering Project benefits to

the Municipality, the Parties have agreed that South Dundas will establish

and administer a community benefits fund to which Wind Company will make an annual contribution;

NOW THEREFORE, in consideration of the foregoing, and of the mutual covenants and agreements contained herein, for other good and valuable

consideration, the receipt and sufficiency of which is hereby acknowledged, South Dundas and Wind Company mutually covenant and agree as follows:

ARTICLE I RECITALS

1.1 Recitals Part of Agreement. The representations and recitations set

forth in the foregoing recitals are material to this Agreement and are hereby incorporated into and made a part of this Agreement as though

they were fully set forth in this Section 1.1.


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ARTICLE II

DEFINITIONS

2.1 In this Agreement, the following terms used herein shall have the meanings set forth below:

(a) "Agreement Term” is defined in Section 3.1.

(b) "Annual Payments" means Wind Company's annual donations to the Fund, as calculated pursuant to this

Agreement;

(c) "Commercial Operation Date" means the Commercial

Operation Date as reached on March 4th, 2014;

(d) “Community Benefit Fund Area” as defined on the

map in Exhibit A;

(e) "Community Projects" means those projects developed

or identified in accordance with this Agreement that are

intended to be funded in whole or in part by the application of monies paid into the Fund and distributed

in the Community Benefit Fund Area;

(f) “CPI” means the “All–Items Consumer Price Index,

Toronto” published monthly by Statistics Canada;

(g) "Fund" means the community benefits fund to be

established by pursuant to this Agreement;

(h) “Fund Data” is defined in Section 4.3;

(i) "Fund Report" is defined in Section 4.2;

(j) “Municipality” means The Corporation of The

Municipality of South Dundas;

(k) "PPA" is defined in the first recital;

(l) "Project" is defined in the first recital; and

(m) “Term” is defined in the PPA.

2.2 Nothing contained in this Agreement shall abrogate or prejudice any

statutory rights held by either Party under any applicable statutes including but not limited to the Ontario Energy Board Act, 1998, the Municipal Act,

2001, the Green Energy Act, 2009 or the Electricity Act, 1998, as

amended.

2.3 On or prior to the day that is 60 days after the execution of this Agreement, the Parties shall issue a joint press release announcing this

Agreement and the establishment of the Fund. Wind Company may also make and publish announcements from time to time concerning the

existence of the Fund and its features, including the projected contributions of Wind Company.


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ARTICLE III

TERM AND TERMINATION

3.1 Agreement Term. The "Agreement Term" of this Agreement shall be twenty (20) years, commencing upon the Commercial Operation Date of

the Project. This Agreement Term coincides with the Term (as defined in the PPA). If the Term of the PPA is shortened or the PPA is terminated for

any reason whatsoever, then the Agreement Term shall be shortened to match the remaining Term of the PPA. If the Term of Wind Company’s PPA

is extended, or Wind Company otherwise continues to operate the Project after the expiration or termination of the PPA, then the Parties agree that

this Agreement will automatically renew under the same terms and conditions of this Agreement to reflect Wind Company's continued

operation of the Project for the balance of time during which Wind Company operates the Project.

3.2. Termination. Wind Company may terminate this Agreement by providing written notice to South Dundas upon any breach of this

Agreement by South Dundas that has not been cured by South Dundas in accordance with Section 8.1.

ARTICLE IV ESTABLISHMENT AND GOVERNANCE OF THE FUND

4.1 South Dundas shall establish the Fund by opening a reserve account in

a Canadian Chartered Bank into which Wind Company's Annual Payments shall be deposited and held separate from all other accounts and funds

held by South Dundas.

4.2 South Dundas shall provide to Wind Company an annual accounting

report on the status of the Fund, including but not limited to a reconciliation of all Annual Payments as against all disbursements and

expenditures from the Fund (the "Fund Report").

4.3 South Dundas shall, upon the request of Wind Company acting reasonably, provide a full accounting of the Fund, and shall permit Wind

Company or its agents to review Fund records and the data used by South Dundas to prepare the Fund Report (the “Fund Data”).

4.4 In respect of a request made by Wind Company under Section 4.3, the

Parties shall adhere to the following protocol:

(a) Wind Company's request shall be in writing and shall specify the nature of the request within the scope of

Section 4.3;

(b) If a full accounting is requested, South Dundas shall

provide same, certified by its Treasurer, on or prior to the date that is thirty (30) days after receipt by South

Dundas of the request;

(c) South Dundas shall promptly respond to any follow up questions from Wind Company regarding the full

accounting;


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(d) If a request is made by Wind Company to review Fund

Data, South Dundas shall, on or prior to the date that is thirty (30) days after receipt by South Dundas of the

request, make such Fund Data available for review, during municipal business hours at South Dundas's

offices, by Wind Company and its consultants;

(e) None of the Fund Data shall be considered confidential or be otherwise withheld from Wind Company or the public;

and

(f) Wind Company may request that all, or some, of the Fund Data be copied and provided by South Dundas to

Wind Company, and Wind Company shall reimburse to South Dundas the reasonable cost of providing said

copies.

4.5 South Dundas acknowledges and agrees that expenditures from the

Fund by South Dundas shall be made only to support the Community Projects enumerated in this Agreement in the Community Benefit Fund

Area, as shown in “Exhibit A”.

4.6 South Dundas shall establish and administer the Fund in accordance with and in compliance with all applicable law and any internal corporate

codes of conduct applicable to the administration of the Fund and the expenditures of moneys by South Dundas.

ARTICLE V FINANCIAL DONATIONS TO THE FUND

5.1 Wind Company agrees to make financial donations to the Fund in annual lump-sum payments of $30,000.00 CAD (each, an "Annual

Payment") for each calendar year during the Agreement Term. Reflecting the fact that 20% of the power price payable to Wind Company under the

PPA is subject to escalation, the Annual Payment shall be adjusted on January 1 of each year by 20% of the percentage that the CPI for the

immediately preceding December exceeds the CPI in effect as at December of the previous year, with the first such adjustment to occur as at January

1, 2015.

5.2 Wind Company shall be responsible for making Annual Payments to the Fund on the basis of the lump sum payment determined in accordance with

Section 4.1, and not on the basis of money donated or paid into the Fund or similar funds by the operators of such other wind farms as may be

located in or operating in the Municipality.

5.3 Wind Company's Annual Payment to the Fund shall be paid annually in

a lump sum in respect of each calendar year, with the first Annual Payment being made by Wind Company prior to or on the day that is sixty (60) days

after the Effective Date of this Agreement and all subsequent Annual Payments by February 15th of each year.


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ARTICLE VI

USE OF THE FUND

6.1 South Dundas agrees that the Fund shall be used exclusively for Community Projects as herein enumerated, and for no other purpose.

6.2 South Dundas shall provide advance notice to Wind Company of the

selection of Community Projects to be financed in whole or in part by monies from the Fund and South Dundas shall give due consideration to

any comments or input that Wind Company may offer with respect to selection of said Community Projects.

6.3 Prior to any expenditure of monies in excess of FIVE THOUSAND

CANADIAN DOLLARS (CAD $5,000.00) from the Fund South Dundas shall:

(a) Present such expenditure and the relevant municipal

project as agenda items to be considered for approval by South Dundas's Council during a scheduled public

meeting; or

(b) If public approval of the expenditure by South Dundas’s Council is not required or is not appropriate, give Wind

Company ten (10) days’ notice in writing in advance of the expenditure from the Fund, specifying the intended

expenditure.

6.4 South Dundas acknowledges and agrees that South Dundas must have the legal jurisdiction to undertake and finance the Community Projects

selected for funding through the Fund. The Parties agree that the following Community Projects located wholly within the Community Benefit Fund

Area are generally appropriate for funding through the Fund, to promote

and/or benefit:

(a) Public recreational facilities and programs; (b) Community gathering facilities, events, and related

Municipal usage fees; and (c) Educational and job training related to sustainability or

renewable energy.

6.5 South Dundas agrees to publically acknowledge the contribution made by Wind Company to any Community Projects, services, programs or

activities funded in whole or in part by monies from the Fund. This shall be done in consultation with Wind Company through appropriate signage or

other advertising, branding or promotional opportunities, provided that any costs shall be the responsibility of Wind Company.


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ARTICLE VII

NOTICES

7.1 Notices. All notices, statements, demands, correspondence or other communications required or permitted by this Agreement shall be:

(a) in writing,

(b) deemed given,

(i) when personally delivered to the receiving Party;

(ii) five (5) days after deposit to the United States mail

or Canadian mail, as applicable, certified and postage prepaid by the delivering Party; or

(iii) one (1) day after deposit to a reputable overnight courier (provided a receipt is obtained by the

delivering Party and all charges are prepaid by the delivering Party); and

(c) addressed as follows:

If to South Dundas: The Corporation of the Municipality of South Dundas

34 Ottawa Street P.O. Box 740

Morrisburg, Ontario KOC 1X0

If to Wind Company: South Dundas Windfarm Limited Partnership

c/o EDP Renewables Canada Ltd.

110 Spadina Avenue, Suite 609 Toronto, Ontario M5V 2K4

With a copy to: EDP Renewables North America LLC

808 Travis, Suite 700 Houston, Texas 77002

Attention: General Counsel

Any Party may change its address (and the person to whom notice is to be

sent) for purposes of this Section by giving written notice of such change to the other Parties in the manner provided in this Section.

ARTICLE VIII

REMEDIES

8.1 Remedies and Enforcement. Each Party covenants and agrees that,

if a Party (the "Breaching Party") fails to comply with or perform its obligations pursuant to this Agreement, the Party seeking to enforce this

Agreement (the "Non-Breaching Party") shall provide the Breaching Party with written notice of such failure to perform, which notice shall

describe the details of such failure to comply or perform. If the Breaching Party does not cure the breach prior to or on the day that is thirty (30)

days after receipt of such notice from the Non-Breaching Party (or if the breach cannot be cured within such thirty (30) day period, if the Breaching

Party has not commenced and continued its efforts to cure the breach) then the Breaching Party will be in default. In the event of such default,

the Non-Defaulting Party may seek specific performance, injunctive relief, or any other remedy available at law or in equity.


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ARTICLE IX

REPRESENTATIONS AND WARRANTIES

9.1 Due Authorization. Each Party represents and warrants as to itself: (i) each person or entity signing this Agreement on behalf of such Party is

authorized to do so, (ii) each Party has the unrestricted right, power and authority to enter into and perform its obligations under this Agreement

and to grant the rights granted hereunder and (iii) no other person is required to execute this Agreement in order for it to be fully enforceable.

ARTICLE X

RELEASE AND INDEMNIFICATION

10.1 Compliance with Laws. Each Party shall comply with all applicable laws of Canada and of Ontario and the applicable by-laws of South Dundas.

10.2 Indemnity. The Wind Company covenants and agrees to indemnify,

defend, release and save harmless South Dundas and its directors, officers, employees, agents, elected officials, contractors and assigns from

and against all losses, claims, including charges, damages and expenses which they may at any time or times bear, sustain or suffer by reason, or

on account of the breach of this agreement by the Wind Company and the Wind Company will, upon demand by South Dundas, at its sole risk and

expense, defend any and all suits, actions or other legal proceedings which may be brought or instituted by third parties against South Dundas on any

such claim, demand or cause of action, and will pay and satisfy any judgment or decree which may be rendered against South Dundas in any

such suit, action or legal proceeding, and will reimburse South Dundas for any and all reasonable legal expenses on a solicitor-client basis incurred in

connection therewith. The Wind Company’s obligation to indemnify, defend and save harmless South Dundas shall not be applicable to losses, claims,

charges, damages or expenses which arise from the negligence or willful

misconduct of Wind Company or its directors, officers, employees, agents, elected officials, contractors and assigns.

ARTICLE XI MISCELLANEOUS

11.1 Governing Law. This Agreement and the enforcement thereof shall

be governed by and construed under the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each of the parties

hereby submits to the jurisdiction of the courts in the Province of Ontario.

11.2 Counterparts. This Agreement may be executed in one or more counterparts which when taken together shall constitute one Agreement.

11.3 Assignment. Wind Company shall have the right at any time to assign this Agreement in whole or in part without the consent of South

Dundas. Wind Company shall have the right to pledge, mortgage, grant a security interest in, collaterally assign, encumber and hypothecate this

Agreement in connection with any financing or financing of the Project without the consent of South Dundas.


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11.4 Amendments and Integration. This Agreement shall constitute the

complete and entire agreement between South Dundas and Wind Company with respect to the subject matter hereof. No prior statement or

agreement, oral or written, shall vary or modify the written terms hereof. This Agreement may be amended only by a written agreement signed by

all of the parties.

11.5 Successors and Assigns. This Agreement shall endure to the benefit of and shall be binding upon the Parties hereto, their respective successors

and assigns.

11.6 Severability. If any provision of this Agreement is held invalid under any applicable law, such invalidity shall not affect any other provision of

this Agreement that can be given effect without the invalid provision and, to this end, the provisions hereof are severable. As used in this Agreement,

the term "Agreement" shall be interpreted to mean (i) the main body of

this Agreement, (ii) all exhibits, attachments, appendices, and schedules attached hereto (collectively, "Exhibits") which are incorporated herein by

reference, and as such Exhibits may be amended from time to time in accordance with this Agreement, and (iii) documents incorporated in this

Agreement by reference but not attached hereto; provided, that in the event of any conflict or inconsistency between or among the

aforementioned constituents of this Agreement, such constituents shall prevail between and among themselves in the following order (from most

to least authoritative): (1) Exhibits; (2) the main body of this Agreement; and (3) other documents incorporated herein by reference.

IN WITNESS WHEREOF this Agreement has been executed by the Parties as of the date first written above.

THE CORPORATION OF THE MUNICIPALITY OF

SOUTH DUNDAS

By: _____________________________ Name: Steven Byvelds

Title: Mayor

By: _____________________________

Name: Brenda Brunt Title: Clerk

I have authority to bind the Corporation.

SOUTH DUNDAS WINDFARM LIMITED PARTNERSHIP, by its general partner, SBWF GP

INC.

By: _____________________________ Name:

Title: I have authority to bind the Limited Partnership.


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EXHIBIT A


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Entranceways

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