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Council Meeting 7:00 p.m.

1. Call to Order

,.; r ,_"VILLAGE OP MERRICKYILLE-WOLFORD

Agenda for Council Council Chambers

Tuesday, October 10, 2017

2. Disclosure of Pecuniary Interest and the general nature thereof

3. Minutes: Approval of the Minutes of the regular meeting of September 25, 2017

4. Public Question Period to Council

5. Strategic Plan: Presentation from the Strategic Planning Committee

6. Correspondence: Letter from Jim Luty re: Speeding on County Road 23

Letter from Joanne Watson re: Smiths Falls Recreation Agreement

7. By-Law Enforcement: BLEO-04-2017 report re: Signage Committee

8. Fire: FD-07-2017 re: Dry Hydrant Map

9. Finance:

10. Recreation:

11.CAO:

12. Notices of Motion:

FIN-20-2017 re: Ontario Clean Water Agency (OCWA) Contract; and

FIN-21-2017 and By-Law 36-17 re: 2017 Landfill Property Tax Rate

Recreation Advisory Committee Minutes of September 12, 2017

Verbal update regarding the Economic Development Officer grant

13. New Business: Discussion re: Communities in Bloom to become Committee of Council; Discussion re: staff discretion to write off interest and late penalties; and

Discussion re: Merrickville's 225th Anniversary

14. Public/Media Question Period

15. In Camera: 1. Litigation or potential litigation

16. Next meeting of Council: October 23, 2017 at 7:00 p.m.

17. Adjournment.

Established 1793 Incorporated Wolford 1850 Merrickville 1860 Amalgamated 1998

VILLAGE OF MERRICKVILLE-WOLFORD

Resolution Number: R - - 17

Date: October 10, 2017

Moved by: Barr Ireland Macinnis Snowdon Suthren

Seconded by: Barr Ireland Macinnis Snowdon Suthren

Be it hereby resolved that:

The agenda of the regular Council meeting of October 10, 2017 be adopted as

circulated/ amended.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception@ merrickvi I le-wolford.ca

Telephone (613) 269-4791 Facsimile (613) 269-3095

Weedmark

Weedmark





Moved by: Barr Ireland Maclnni,s Snowdon Suthren




Weedmark

Weedmark

The minutes of the regular council meeting on September 25, 2017 be approved as circulated /

amended.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca [email protected]

The Corporation of the Village of Merrickville-Wolford

Monday, September 25, 2017

A regular meeting of the Council of the Corporation of the Village of Merrickville-Wolford was held at 5:00 p.m. on Monday, September 25, 2017.

Chaired by:

Members of Council:

Staff in Attendance:

Mayor David Nash

Deputy Mayor Anne Barr Councillor Chuck Macinnis Councillor Stephen Ireland Councillor Kim Weedmark Councillor Victor Suthren Councillor David Snowdon

John Regan, CAO/Clerk Christina Conklin, Deputy Clerk Randy Wilkinson, Chief Building Official

Disclosure of Pecuniary Interest and the general nature thereof: Councillor Weedmark disclosed a pecuniary interest in the public meeting matters #1 and #2, and also with respect to the passing of the associated by-laws 31-17 and 32-17.

Approval of Agenda R-229-17 Moved by Councillor Suthren, Seconded by Councillor Macinnis

Be it hereby resolved that: the agenda of the regular Council meeting of September 25, 2017 be adopted as circulated.

Carried

Move to Public Meeting R-230-17 Moved by Deputy Mayor Barr, Seconded by Councillor Macinnis

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby move to a public meeting for the purposes of discussing zoning bylaw amendments and an official plan amendment.

Carried.

A public meeting was held to discuss Zoning By-Law Amendments 31-17, 32-17, 33-17, 34-17 and Official Plan Amendment No. 3, 35-17.

Move back to regular meeting R-231-17 Moved by Councillor Ireland, Seconded by Councillor Snowdon

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby move out of the public meeting and back to a regular meeting of Council.

Carried.

Agenda Amendment R-232-17 Moved by Councillor Macinnis, Seconded by Deputy Mayor Barr

By-Laws

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby amend the agenda to hear the readings of By-Laws 31-17, 32-17, 33-17, 34-17 and 35-17 before recessing.

Carried.

R-233-17 Moved by Councillor Suthren, Seconded by Councillor Macinnis Be it hereby resolved that: By-Law 35-17, being a by-law to adopt Amendment No. 3 to the Official Plan of the Village of Merrickville-Wolford, be read a first and second time, and that By-Law 35-17 be read a third and final time and passed.

Carried.

R-234-17 Moved by Deputy Mayor Barr, Seconded by Councillor Macinnis Be it hereby resolved that: By-Law 31-17, being a by-law to amend Zoning By-Law 23-08, as amended, be read a first and second time, and that By-Law 31-17 be read a third and final time and passed.

Carried.

R-235-17 Moved by Councillor Suthren, Seconded by Councillor Ireland Be it hereby resolved that: By-Law 32-17, being a by-law to amend Zoning By-Law 23-08, as amended, be read a first and second time, and that By-Law 32-17 be read a third and final time and passed.

Carried.

R-236-17 Moved by Councillor Ireland, Seconded by Councillor Macinnis Be it hereby resolved that: By-Law 33-17, being a by-law to amend Zoning By-Law 23-08, as amended, be read a first and second time, and that By-Law 33-17 be read a third and final time and passed.

Carried.

R-237-17 Moved by Councillor Weedmark, Seconded by Deputy Mayor Barr

Recess

Be it hereby resolved that: By-Law 34-17, being a by-law to amend Zoning By-Law 23-08, as amended, be read a first and second time, and that By-Law 34-17 be read a third and final time and passed.

Carried.

R-238-17 Moved by Councillor Snowdon, Seconded by Councillor Weedmark Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby move to recess the Council meeting at 6:02 p.m. to resume at 7:00 p.m.

Carried.

Reconvene Council Meeting R-239-17 Moved by Councillor Suthren, Seconded by Councillor Weedmark

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby reconvene the regular meeting of Council at 7:00 p.m.

Clerk's Note:

Carried.

Attendance has now changed to include the following:

Andy Boffee, By-Law Enforcement Officer Sheila Kehoe, Manager of Finance/Treasurer Mary Kate Laphen, CEO of Merrickville Public Library Hilary Thomson, Media Ashley Kulp, Media

Approval of Minutes R-240-17 Moved by Councillor Ireland, Seconded by Councillor Macinnis

Be it hereby resolved that: the minutes of the regular Council meeting of August 8, 2017 be approved as circulated.

Carried

Delegations: R-241-17 Moved by Councillor Macinnis, Seconded by Deputy Mayor Barr

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive the delegation of Patricia McAinsh regarding suggestions for Merrickville's 225th Anniversary.

Carried

R-242-17 Moved by Councillor Snowdon, Seconded by Deputy Mayor Barr Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive the delegation of Timothy Molloy of the Lions Club of Merrickville regarding a proposed gazebo/bandshell; and

That Council direct staff to send a letter to Parks Canada in support of the project; and

That Council consider in the 2018 budget deliberations for the construction of the electrical portion including trenching to the bandshell to be addressed at budget approval.

Carried

Public Question Period to Council: A resident requested Council consider a budget line item for garbage pickup at major events.

Correspondence: R-243-17 Moved by Councillor Suthren, Seconded by Councillor Macinnis

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby waive the Community Centre rental fees for the Christmas Show

that will benefit the Lanark Animal Welfare Society to be held on November 4, 2017 as per the written request of Veranda Brydges.

Carried

Library: The Minutes of the Merrickville Public Library Board meeting of June 13, 2017 were discussed.

Recreation: R-244-17 Moved by Councillor Weedmark, Seconded by Councillor Suthren

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive the 2017 Sizzling Summer Camp End of Season Report of Amy Forsythe, Camp Director.

Carried

The Minutes of the Recreation Advisory Committee meeting of August 1, 2017 were discussed.

By-Law Enforcement: MOTION WAS WITHDRAWN:

Moved by Deputy Mayor Barr, Seconded by Councillor Suthren Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive report BLE0-04-2017; and

That Council provide further direction to staff on how to proceed.

OR

That Council remains status quo regarding signage.

Clerk's Note: Council requested the report be brought forward at a future meeting.

R-245-17 Moved by Councillor Macinnis, Seconded by Councillor Weedmark Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby grant an exemption to the Merrickville Artist's Guild from sections 5.18, 5.19b and 5.3.4 of By-Law 24-10 to allow the posting of a variety of signs for this year's Merrickville Artist's Guild Tour between September 22"' and October 1st

, 2017, with the following conditions:

1. No sign shall be permitted within a sight triangle. 2. Maximum of 30 Coroplast Tour Event Signs on road sides. 3. Maximum of 11 Coroplast directional signs to be placed on the Friday before each

weekend of the event and removed on the following Monday morning. Carried

R-246-17 Moved by Councillor Macinnis, Seconded by Councillor Snowdon Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby grant an exemption to the Merrickville Jazz Festival from sections 5.19b and 7.Gc, d, e, i, and f of By-Law 24-10 to allow the posting of signs for this year's

Merrickville Jazz Festival between October 12th and October 15th, 2017 with the

following conditions:

1. No sign shall be permitted within a sight triangle. 2. The sandwich board signs be erected no earlier than 6 hours before each

performance and removed after the performance. 3. The Coroplast signs be erected no earlier than 20 days before the event and

removed at the end of the event. 4. The banners be erected no earlier than 20 days before the event and removed at

the end of the Jazz Festival. Carried

Environment: The Minutes of the Environmental Advisory Committee meeting of July 27, 2017 were discussed.

R-247-17 Moved by Councillor Ireland, Seconded by Councillor Suthren

Building:

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive the 2017-2018 Inspection Report regarding the Merrickville Drinking Water System from the Ministry of the Environment and Climate Change.

Carried

R-248-17 Moved by Councillor Macinnis, Seconded by Councillor Snowdon

Finance:

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive report CBO-11-2017; and

That Council deems it expedient to maintain the status quo with respect to the payment of the securities as provided for in the existing subdivision agreement.

Carried

R-249-17 Moved by Councillor Macinnis, Seconded by Councillor Snowdon Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive report FIN-19-2017 regarding the proposed 2018 budget schedule; and

That Council approve the 2018 budget schedule. Carried

Economic Development: The Minutes of the Industry, Economic Development and Tourism Advisory Committee meetings of August 21, 2017 and September 11, 2017 were discussed.

R-250-17 Moved by Deputy Mayor Barr, Seconded by Councillor Suthren Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby direct the Industry, Economic Development and Tourism Advisory Committee to work with Village staff to apply for funding for an Economic Development

CAO:

Officer position whose primary duties would be to assist in the implementation of the Merrickville-Wolford Strategic Plan 2017-2025 and other critical economic development

initiatives. Carried

R-251-17 Moved by Councillor Macinnis, Seconded by Councillor Ireland Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby receive report CAO-11-2017 regarding the 2017 accomplishments of the Village, for information purposes.

Carried

Notice of Motion: Councillor Macinnis made a Notice of Motion to discuss at the next meeting whether the Communities in Bloom Committee should become a Committee of Council.

Public or Media Question Period: A resident expressed their appreciation to Dave Powers, Andy Boffee and the entire Public Works Department for the use of the rink house.

In Camera: R-252-17 Moved by Councillor Snowdon, Seconded by Councillor Macinnis

Be it hereby resolved that: Council moves to "In Camera" at 9:15 p.m. in order to address matters pertaining to:

1. A proposed or pending acquisition of land for municipal or local board purposes; and

2. Personal matters about an identifiable individual, including municipal or local board employees.

Carried

R-253-17 Moved by Councillor Weedmark, Seconded by Councillor Snowdon Be it hereby resolved that: the "In Camera" session rise and report, with staff being given direction, and the regular Council session resume at 9:46 p.m.

Carried

Business arising from "In Camera" session: R-254-17 Moved by Councillor Weedmark, Seconded by Councillor Snowdon

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby approve the appointment of Erin Labelle to the Agricultural Advisory Committee.

Carried

R-255-17 Moved by Councillor Weedmark, Seconded by Councillor Snowdon Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does hereby approve the nomination of Ann Martin for the Community Leadership Award as part of the Lieutenant Governor's Ontario Heritage Award.

Carried

Adjournment: R-256-17 Moved by Councillor Weedmark, Seconded by Councillor Snowdon

Be it hereby resolved that: The Council of the Corporation of the Village of MerrickvilleWolford does now adjourn at 9:48 p.m. until the next regular meeting of Council on Tuesday, October 10, 2017 at 7:00 p.m., or until the call of the Mayor subject to need.

Carried.

David Nash, Mayor

John Regan, CAO



Resolution Number: R -


Moved by: Barr Ireland

Seconded by: Barr Ireland


- 17

Macinnis Snowdon Suthren



Weedmark

Weedmark

The Council of the Corporation of the Village of Merrickville-Wolford does hereby

receive the presentation from the Strategic Planning Committee regarding the

Implementation Planning Update.

Carried / Defeated

Mayor: ---------

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception@ merrickvi lle-wolford .ca

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Background • Council approved overall Strategic Plan in January 2017

• Draft Implementation Plans developed by Advisory Committees working in "hybrid11 mode over several months

• Tabling Draft Planning documentation today in preparation for future detailed working meeting(s} between Council, Staff and Advisory Committees

• Documentation comprises: - Presentation

- Detailed Committee implementation schedules

• Caveats: - Significant approximations e.g. esti111ated municipal funding

requirements, scheduling & resourcing

- Requirement for rationalization of draft plans vs. municipal priorities and capacity

- Extreme dependency on volunteers

Summary Overview

Committee

Economic Development

Governance

GRAND TOTAL

, .. , r :: :> <.>1 ::,:>

Annual ~xpenditµtes ($k) L I . .· .;,. ·,._._,.._ ·._ .. ,. _.· ,

2018 2019 • 2020 : '

: :

i :

. ' 1.7~5k l 2$k .6k

('•\,;6· k· ;,e-. .-:·:-~ ,- lk

6k I 6k

65k I . 65k ;t

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Agriculture Annual Exp~nditures:{$k) ' ) ; ' f ' ·.. .

Initiatives 2024 2025 Total '

34k

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Governance

Committee structures,

policies

Infrastructure studies,

reports

Sharing mun. assets,

resources

Community

communications

Strat Plan Performance Mgmt.

Sub Total

Annual E*pendit4f~s($ij)' 1

i ' ! ' ',. •: .. · I

Em11Emllllmil-t11t11 "1"!1' i:tk i 1k . f22.k I 111k .

'i.64k

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40k

-

6:4k

Conclusions

• Some, limited commonalities in initiatives

• Many resourcing interdependencies

• Very ambitious, heavily focussed on front end

• Major growth levers not planned until mid term

• Continued, heavy dependency on volunteers

• Inconsistent with municipal resource capacity

• Needs further refinement and prioritization in consultation with municipal government.

--- --------- ----------------------------------------------

-----Original Message-----

From: Jim Luty [mai1to

Sent: Friday, September 29, 2017 3:36 PM

To: [email protected]

Subject: Speeding along County Road 23

Hi Christina,

as per our conversation, here's the original note I sent regarding this issue.

Regards, Jim

Hello,

I wanted to bring to council's attention the issue of excessive speeding on county road 23. I live on

Wolford Drive and walk along 23 almost daily. The speed limit along this road is 60 km/hr, yet I estimate

most drivers go between 80 and 100 km/hr. This is dangerous for residents like myself who walk along

this road. It is especially hazardous since there are virtually no shoulders to speak of so I am forced to

stay on the pavement when oncoming drivers approach. I'm looking for council's help in addressing this

issue.

I realize that increased enforcement would be difficult, but perhaps we can at least create more

awareness that walkers, runners, and cyclists frequent this road. For starters I would like to request that

one of those radar-based signs be placed along the road to show drivers how fast they're going. I would

suggest placing it in the area of Union cemetery, on the side for drivers approaching 43 from Burritt's

Rapids. I've seen these in the village and am not certain how effective they are, but I think it's worth a

try. I would appreciate it if you could bring this to the council's attention on my behalf.

Regards, Jim Luty

--- --------- --------------------------------------------

August2017

TO: Mayor and Council, Village of Merrlckvllle-Wolford

[email protected]

[email protected]

FROM; Concerned Taxpayer

Please accept this letter as official notice, from a taxpayer In Merrlckville-Wolford, that myself and family utilize the services of the Smiths Falls Memorial Community Centre and would appreciate my Council opting for the lump sum payment to Smiths Falls to allow us access to all the activities at the arena.

We also trust that you understand that lack of support from Council will have a profound effect on me and my family's quality of life. We enjoy being able to engage with the community through useage of the walking tra~k, public ski];lng, hall activities, ball hockey, children's and adult/senior hockey and any special events that will come to the arena throughout the year.

The other four surrounding townships chose this method of contribution to ease the burden on their taxpayers In not having to build their own Infrastructure and allow their residents access to the Smiths Falls Memorial Community Centre.

NAME

ADDRESS:

Joanne Watson

Phone Number:

E-Mall Contact:

Signature: ~~

------------------------------------------------------

Established 1793 Incorporated Wolford 1850 Merrickville 1860 Amalgama1ed 1998





Seconded by: Barr Ireland. Macinnis Snowdon Suthren



Weedmark

Weedmark

That Council of the Corporation of the Village of Merrickville-Wolford does hereby receive report BLEO-04-2017; and

__ That Council provide further direction to staff on how to proceed.

OR

__ That Council remains status quo regarding signage.

Carried I Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception@ merrickvi I le-wolford.ca

--------------------------------------------------

Village of Merrickville - Wolford Information Report to Council r

From: Andy Boffee By-law Enforcement Officer BLEO-04-2017

Date to Council: September 25, 2017

OBJECTIVE: To inform Council of the status of the Ad Hoc Sign Committee's progress.

RECOMMENDATION:

THAT Council receive report BLEO-04-2017; and

THAT Council provide further direction to staff on how to proceed.

OR

THAT Council remains status quo regarding signage.

BACKGROUND:

On March 23, 2015, Council established an Ad Hoc Committee through resolution R-53-15 for the purpose of reviewing the Municipal Sign By-Law. The Committee met on June 20, 2015 and subsequently submitted a report with recommendations for Council review and consideration. The Committee was dissolved by Council on September 14, 2015 through resolution R-178-15.

Also on September 14, 2015 through resolution R-179-15, Council established another committee to review the sign by-law. This Committee met for the first time on April 19, 2016 with subsequent meetings on July 14th, August 4th and August 10th , 2016.

On May 2, 2016, the Committee requested the By-law Officer as staff liaison which was approved. It has now been determined that the Committee had reached their conclusion on the By-law.

ANALYSIS:

Summary of Signage Committee Minutes

April 19th 2016

The Committee set out the main points of concern:

Date of Meeting: September 25, 2017 Page 1 of 8

Page 1 of8

--------------------------------------------------

1) There is a need to bring more attention to businesses located on streets other than St. Lawrence Street.

2) All signage and street decorations, including flowers, should be consistent throughout the municipality.

3) Signage and advertising throughout should enhance, preserve and maintain the municipality's historical character and ambiance and, with this in mind, the by-law regulating advertising should be revisited.

4) The use of "sandwich board" signs along St. Lawrence Street are seen as redundant for those businesses located on St. Lawrence Street.

5) The By-law must be enforced with respect to outdated cast iron signage and removal of signs for non-existent businesses.

The Committee reviewed section 7 of By-Law 24-2010 making numerous comments and recommendations in line with their main points of concern. The Committee recommended that drafting instructions reflecting the above recommendations be prepared for submission to Council, along with draft language to replace the subsections of the By-Law deemed unacceptable by the Committee.

July 14th 2016

1) Delegations and Public Input: Mike Zaversenuke, 223 Main Street West, presented a document entitled "Merrickville Sidewalk Signage Advertising Proposal".

2) The Committee compared signage in other municipalities and the main points brought forward were painted footprints, wayfinding, and signs designating various business areas.

3) As a whole, the Committee did not support the proposal as presented by Mike Zaversenuke.

4) Submission of final report timeline was discussed. Leslie Way agreed to draft the final report based on the Committee's discussions and minutes of meetings. The Committee reiterated the essential recommendations that would be made.

August 4th 2016

Delegations and Public Input: Mike Zaversenuke made a presentation with recommendations to abolish A-frame signs (sandwich boards) and that the Chamber of Commerce provide way-faring signs at intersections in the urban area.

Karl Feige, representing the Chamber of Commerce, reported that a recent survey of their members (20 responses out of 80 members) reveals that A-frame signs and banners\flags are unpopular amongst businesses and visitors because they are obstructive and unsightly. He recommends the continued use of the metal finger signs and to expand their use. He recommended that the municipality take over the installation and maintenance of the finger signs.

Wayne Poapst remarked that the existing finger signs blended into the background and would benefit from being painted a brighter colour.


Page 2 of 8

--------------------------------------------------

New business for Committee: Develop a list of resolutions/recommendations for signage - deferred to a future meeting.

Submission of final report timeline - Deferred to a future meeting.

August 10th 2016

A meeting was held at 8:30 p.m. in the Council Chambers.

On November 17th, 2016, Leslie Way and the By-law Officer met and discussed changes to the by-law in line with the comments and recommendations and drafted the following alterations to the By-law.

Current By-Law

5.3 Persons may, with the written permission of the Corporation, attach any sign, poster, hand bill, notice or advertisement to any pole, subject to obtaining the written consent of the utility company or any others owning such pole on any highway.

Non-profit (non-commercial) and charitable organizations sponsoring an event may attach notices for a period not exceeding two weeks prior to the event and shall remove them within two days of the event's completion. MerrickvilleWolford residents may attach a notice concerning a yard sale on the day of the sale only and shall remove it in the evening when the sale is completed.

Suggested Changes

5.3 Persons may, with the written permission of the Corporation, attach any sign, poster, hand bill, notice or advertisement to any pole, subject to obtaining the written consent of the utility company or any others owning such pole on any highway.

No other form of sign for yard sales shall be placed on public property.

Staff Comments

It is believed the above change is flawed as it contradicts the first part as you would need the permission from the utility company.

Current By-Law

7.6 Sandwich Boards.

Sandwich boards may be permitted on municipal property including sidewalks or boulevards in the Urban Areas of Merrickville-Wolford subject to the following conditions and regulations which are not intended to prohibit or discriminate but rather to ensure public safety and free movement of persons and vehicles.


Page 3 of 8

--------------------------------------------------

a) on any sidewalk provided that at least two people can walk abreast of each other and there is sufficient room for a third person to pass the other two and this measurement shall be taken from private property line to the nearest road edge of standard curb or the road side edge of a paved sidewalk. Poles of any kind or other permanent fixture shall not be included in the determination of sufficient space;

b) on any grassed boulevard between the sidewalk and parking allowance on the near side edge of the road provided it does not interfere with the movement of vehicles or the parking of vehicles or the opening of any door of the same;

c) only immediately in front of and adjacent to the premises occupied by the business displaying the sandwich board;

d) notwithstanding the above subsections-sandwich boards shall be permitted at the following locations:

i. on St. Lawrence Street at the intersections commencing at Drummond Street and southward either the east or west side of St Lawrence Street, but only one side, for businesses located on any side streets;

ii. on Main Street East, east of Elgin Street, but only on one of St Lawrence Street, but only on one side, for businesses located on any of the side streets side, for businesses located on any side streets;

iii. Main Street West, west of St. Patrick Street, but only on one side, for businesses located on any side streets;

iv. north of the canal bridge at Water and Mill Streets and William and Mill Streets.

e) sandwich boards in subsection iv) above shall conform to the following regulations and conditions:

i. they shall be 0.6m x 0.9m (2ft x 3ft) in size per face, including supports;

ii. there shall not be more than two faces to the sign;

iii. they shall be divided equally into sections on each face with one business on each section;

iv. they shall be constructed of durable materials;

v. they shall be shared by all businesses on both side streets. Date of Meeting: September 25. 2017 Page 4 of 8

Page 4 of 8

--------------------------------------------------

f) all sandwich boards permitted in subsection 7.6a above shall be allowed during the hours of 9:00 am to 5:00 pm and shall be removed after hours or when the business is not open to the public;

g) sandwich boards shall be allowed on commercial property when they are wholly within the property lines of the business concerned and they shall form part of the aggregate signage area and when they do not obstruct traffic flows.

Suggested Changes

7.6. Sandwich Board Sign (commonly referred to as an "A-FRAME SIGN")

(a) A maximum of one (1) sandwich board sign is permitted for any one business location or use.

(b) Sandwich board signs must meet the following conditions for size and appearance:

i. Size: a. Maximum Height- 91.4 centimetres (36 inches). For the purposes of this

Section only, "height" is defined as the distance between the top of the sign and the surface on which the sign is located when the sign faces are extended.

b. Maximum Width - 61.0 centimetres (24 inches). For the purposes of this Section only, "width" is defined as the horizontal distance across the background area of the sign.

c. Maximum Length - 61.0 centimetres (24 inches). For the purposes of this Section only, "length" is defined as the distance measured at the surface on which the sign is located between the two sign faces when fully extended.

ii. Appearance: a. All advertising must meet the requirements noted on the Advertising

Standards Canada at http://www.adstandards.com/en/. See section 14 of the Advertising Standards in regards to unacceptable depictions and portrayals. (NOTE: thisreguirement could be placed in section 5).

b. Sandwich board signs must meet the design specifications set out in Schedule D (NOTE.· design specifications must be developed) which are intended to enhance the historic and heritage nature of the municipality and contribute to a high-quality streetscape.

(c) Sandwich board signs are not permitted on a sidewalk which is less than 1.5m wide (5') and shall be located in such a manner so as to provide clear and free pedestrian and vehicle movement at all times.

(d) Sandwich board signs shall be permitted only in the location assigned to them by the municipality by way of an approved annual sign permit.


Page 5 of 8

--------------------------------------------------

(e) No part of any sandwich board sign shall be attached to any tree, post, pole or other support that is located on a sidewalk or on any other part of a roadway.

(g) Sandwich board signs shall be removed at the close of business hours.

(h) Sandwich board signs shall only be permitted in commercial zones as defined by the municipal Zoning By-Laws.

Current By-Law

1.1. Directional Finger Signs:

There shall be and hereby made provision for directional finger signs on poles.

a) the Municipality shall own and fully maintain the posts including repair, replacement, painting etc. They may charge a fee for this service to the sign owners or to the person(s) requesting a new post;

b) the individual finger signs must be manufactured and purchased from the Village Metal smiths;

c) the individual finger signs remain the property of the business or individuals who purchased them;

d) signs to be removed or moved shall be done by the Village Metal smiths at the request of the owner(s) of the individual finger sign and at their expense;

e) signs shall be removed when a business ceases to operate;

Suggested Changes

1.1. Directional Finger Signs:

There shall be and hereby made provision for directional finger signs on poles.

a) the Municipality shall own and fully maintain the posts including repair, replacement, painting etc. They may charge a fee for this service to the sign owners or to the person(s) requesting a new post;

b) finger signs must meet the specifications set out in Schedule D;

c) the individual finger signs remain the property of the business or individuals who purchased them;

d) signs to be removed or moved shall be done by the municipality at the request of the owner(s) of the individual finger sign and at their expense;

e) signs shall be removed when a business ceases to operate.


Page 6 of 8

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Staff Comments

Staff is not agreeable to making the changes outlined. As an example, the change suggested to "b)" refers to a Schedule "D", which is nonexistent. It would take time to develop the specifications referred to.

Financial Implications:

Unknown at this time.

Interdepartmental Impacts:

There are many interdepartmental impacts to consider, especially when it comes to staff time. The By-law Enforcement Officer would need to work closely with the Clerk's department in order to create a policy to be followed for special signage requests, signage permits and to amend the current by-law to reflect the changes informally proposed by the Signage Committee. This would take staff away from normal daily duties.

Link to Strategic Plan:

On January 23, 2017, the Council of the Corporation of the Village of MerrickvilleWolford passed By-Law 10-17, being a by-law to adopt the Merrickville-Wolford Strategic Plan 2017-2025.

The priorities of the strategic plan that can be linked to this report are as follows:

Ensuring efficient, effective services and civic engagement:

Reviewing the by-laws and looking for ways to improve them allows the Municipality to improve its service delivery.

Conclusion:

Without a final report from the Sign Committee it is believed there are unanswered points of discussion and areas to develop before any recommendations could be implemented. For instance, a Schedule 'D' for design specifications for finger post signs and sandwich boards needs to be created.

A process and criteria would have to be created for sandwich board sign permits especially if section 7.6 g (only immediately in front of and adjacent to the premises occupied by the business displaying the sandwich board) is removed as per the Committee's suggestion above.

It is staff's recommendation that the Village continue to enforce the by-law as is without making changes at this time as more research, drafting of policy and procedures would need to be undertaken in advance of staff presenting a draft by-law for Council approval.


Page 7 of 8

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ATTACHMENTS:

REQUIRED AND RECEIVED COMMENTS FROM: Yes or Not applicable

CAO Yes

Clerk Yes

Finance Yes

Building Control & MLEO Department Yes

Public Works & Environmental Department Yes

Parks, Recreation & Facilities Department Yes

Planning Department NA Economic Development Department NA Fire Department NA Other: NA


Page 8 ofB









Weedmark

Weedmark


receive report FD-07-2017 regarding the Merrickville Fire Department's Dry Hydrant

Program, for information purposes.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception @ merrickville-wollord .ca

OBJECTIVE:

RECOMENDATION:

Village of Merrickville - Wolford Information Report to Council

Fire Department Date to Council: October 10, 2017

Report FD-07-2017

To provide Council with information regarding the rural water supply initiative through our Dry Hydrant Program.

THAT: Council receive report FD-07-2017 regarding the Merrickville Fire Department's Dry Hydrant Program, for information purposes.

BACKGROUND:

The Merrickville Fire Department services the municipality, both urban and rural. With the municipality's area being 213 sq. km and only 13 sq. km of that being serviced by a pressurized water source (fire hydrants), it is realized that an accessible, sustainable supply of water is required year-round. Over the past 4 years, we have established dry hydrants in the following locations: St. John Street in Merrickville, County Road 16 in Jasper (at the bridge), County Road 41 at County Road 15, and Pioneer Road at the bridge. Please see attached at Schedule "A" a map depicting the locations of the hydrants. These allow access to a sustainable water flow in excess of 1000 gallons per minute.

What is a dry hydrant? A dry hydrant is a 6" pipe that is extended into a sustainable water source that is accessible all year round. The barrel is empty to prevent freezing. When needed, a pumper (fire truck) is attached to the hydrant and able to draft/draw water which provides a filling station for our tankers to be able to transfer water to the fire incident. The increased number of dry hydrants reduces the turnaround time to get water to a fire scene and, therefore, reduces loss due to fire when a tanker shuttle is required.

ANALYSIS:

Evaluation of locations, water supply and sustainability of the water source is ongoing and managed on a regular basis to reduce shuttle times during tanker operations, as well as reducing emergency drive times, therefore improving safety and reducing operator fatigue during long incidents.

Date of Meeting: October 1 o. 2017 Page 1 of 3

Page 1 of3

Homeowners may be eligible for a discount to their insurance due to their proximity to a dry hydrant.

It is staff's recommendation that the dry hydrant program continue in the future as it improves the safety of residents and their properties.

BUDGET/LEGAL IMPLICATIONS:

The annual budget contribution has been at $4,000.00 per unit. This covers the piping and excavation as well as site specific needs e.g.: brackets, concrete, fasteners, safety markers, access/egress, etc.

INTERDEPARTMENTAL IMPACTS:

Assistance is required from the Pubiic VI/arks Department to maintain access to the dry hydrants year-round, as well as monitoring for any damage or mischief.

LINKS TO STRATEGIC PLANS:

On January 23, 2017, Council adopted the Merrickville-Wolford Strategic Plan 2017-2025. The Dry Hydrant Program directly relates to the Strategic Plan's initiative of developing infrastructure as part of the "ensuring efficient, effective services" pillar. The Dry Hydrant Program is enabling the Merrick.ville Fire Department to ensure efficient a.nd effective services to the rural residents and an increase in safety which is also in keeping with the pillar dedicated to "protecting rural and natural environments".

CONCLUSION

With a continued commitment to the service of our citizens and visitors to MerrickvilleWolford, the Dry Hydrant Program will enhance our capacity and reduce time and travel distances to effect resolution involving incidents requiring an accessible and sustainable water supply.

Attachments:

Schedule "A" - Map of Dry Hydrants in Merrickville-Wolford

Date of Meeting: October 10, 2017 Page 2 of 3

Page 2 of3


CAO Yes

Clerk Yes

Finance Yes

Bui!ding Control & MLEO Department NA

Public Works & Environmental Department NA

Parks, Recreation & Facilities Department NA

Planning Department NA

Economic Development Department NA

Fire Department Yes

Other: NA

Submitted by: Approved by:


Page 3 of3

Established t 793 Incorporated Wolford 1850 Merrickville 1860 Amalgamated 1998








Weedmark

Weedmark


receive report FIN-20-2017; and

That Council authorize the two-year contract extension with the Ontario Clean Water

Agency (OCWA) for the operation and maintenance of the Village water and wastewater

facilities

Carried / Defeated

Mayor: ---------

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception@ merrickville-wolford .ca

OBJECTIVE:

RECOMMENDATION:

Village of Merrickville-Wolford

Report FIN-20-2017 Finance Department

Information Report to .Council Date of Council Meeting: October 10, 2017

RE: OCWA Contract Extension

To authorize the two year contract extension for OCWA operation of the water and wastewater facilities.

THAT: Council receive the report FIN-20-2017 and authorize the two year contract extension for the water and waste water facilities.

BACKGROUND:

In 2010, Council entered into a service agreement (attached) with the Ontario Clean Water Agency (OCWA) for the operation and maintenance of the Village water and wastewater facilities.

ANALYSIS:

The services agreement is now due for renewal. As per Section 4.1 of the Service Agreement, the Village has the option to renew for a two year term. The costing of this will remain a cost plus agreement. Annually, OCWA provides an operational and capital budget for the water and wastewater facilities. The 2017 budget is $287,764 for the water portion of the contract and $342,855, for a total of $630,619 or 57% of the total water wastewater 2017 budget of $1,103,549 approved by Council on January 23, 2017.


There are no implications to the 2017 municipal budget. OCWA will provide the 2018 cost estimates to be included in the 2018 draft budget for review by Council at that time.


The priorities of the strategic plan that can be linked to this report are as follows:

Ensuring efficient, effective services and civic engagement: By continuing with an efficient, cost effective contractor who has knowledge of the Village's infrastructure provides for the smooth continuity for a critical service the Village provides.


Page 1 of 2

OPTIONS:

There are two options that the Municipality could proceed with. The first is a public tender for the operations of the water and wastewater facilities. This is not recommended as OCWA has over the past six years operated the facility with professionalism meeting all Provincial requirements.

Another option would be to bring the operations back in house with the Village. This is not recommended since, as previously stated, OCWA has proven they have the expertise to manage and operate the municipal operations.

CONCLUSION:

Council receive and authorize a two year renewal with OCWA for the operation of the water and wastewater facilities.

ATTACHMENTS:

By-law #12-10, Services Agreement with Ontario Clean Water Agency (OCWA)


CAO Yes

Clerk Yes

Finance Yes

Building Control & BLEO Department Yes

Public Works & Environmental Department Yes

Parks, Recreation & Facilities Department Yes

Planning Department Yes

Economic Development Department Yes

Fire Department Yes

Other: No

Submitted by:

Sheila Kehoe, Manager of Finance - Treasurer

Date of Meeting: September 25. 2017 Page 2 of2

Page2 of2

•

CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD

BY-LAWNO. 12-10

BEING a By-Law to authorize the execution of an agreement between the Corporation of the Village ofMerrickville- Wolford hereinafter called "The Municipality" AND the Ontario Clean Water Agency.

WHEREAS section 9(3) of the New Municipal Act, 2001 does authorize that the council of a local municipality may pass by-laws as part of its general municipal powers

AND WHEREAS the Council of the Corporation of the Village ofMerrickville -Wolford does deem it expedient to enter into an agreement with the Ontario Clean Water Agency for the operation and maintenance of its water and waste water facilities

NOW THEREFOR the Council of the Corporation of the Village ofMerrickville - Wolford does enact as follows that:

1) the Mayor and the Clerk on behalfofthe Corporation of the Village of Merrickville - Wolford are hereby authorized to sign and execute the agreement -and contract attached as Schedule 'A' -with the Ontario Clean Water Agency

READ a first and second time this 22"' day of March, 2010

READ a third and final fane and passed this 22"' day of March, 2010

\ -VJ.).

Jill E. Eagle CLERK

6

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,,. __ ;-.-. ..

SERVICES AGREEMENT

BETWEEN

ONTARIO CLEAN WATER AGENCY

AND

THE CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD

TABLE OF CONTENTS

Description Page

RECITALS ................................................................................................................................ ! ARTICLE 1 - INTERPRETATION ......................................................................................... 2

SECTION 1.1 -DEFINITIONS ..................................................................................... , ................ 2 SECTION l.2-IN1ERPRETATION ................................................................................................ 2

ARTICLE 2 - RESPONSIBILITIES OF OCW A .................................................................... 2 SECTION 2.1 - RElENTION OF OCWA ....................................................................................... 2

• SECTION 2.2 - PERFORMANCE OF SERVICES ............................................................................... 2 SECTION 2.3 - OPTIONAL SERVICES .......................................................................................... 3 SECTION 2.4 - STANDARD OF CARE .......................................................................................... .4 SECTION 2.5 - OCWA AS INDEPENDENT CON1RACTOR ............................................................ .4 SECTION 2.6 - AUTIIORIZED REPRESENTATIVES ....................................................................... .4 SECTION 2. 7 - REPORTING ........................................................................................................ 4 SECTION 2.8 - INDEMNIFICATION OF TIIE CLIENT ...................................................................... .4 SECTION 2.9 - INSURANCE ........................................................................................................ 5 SECTION 2.10- REPRESENTATIONS AND WARRANTIES OF OCWA ............................................. 5

ARTICLE 3 - RESPONSIBILITIES OF THE CLIBNT ........................................................ 5

SECTION 3 .1 - REPRESENTATIONS AND WARRANTIES OF TIIE CLIENT .......................................... 5 SECTION 3.2- COVENANTS OFTIIE CLIENT ............................................................................... 6 SECTION 3 .3 - EXONERATION AND INDEMNIFICATION OF OCW A ............................................... 7

ARTICLE 4 - TERM, PAYMENT FOR SERVICES AND OTHER CHARGES ................. 7

SECTION 4.1 - INITIAL TERM OF AGREEMENT ............................................................................ 7 SECTION 4.2 - OPERATIONS ESTIMATE ...................................................................................... 8 SECTION 4.3 - PAYMENT OF TIIE ESTIMATE ............................................................................... 8 SECTION 4.4 - RECONCILIATION OF TIIE ESTIMATE AND ACTUAL CHARGES ............................... 8 SECTION 4.5 - 01HER CHARGES ................................................................................................ 8 SECTION 4.6- MANAGEMENT FEE ............................................................................................ 9 SECTION 4.7 -CAPITALEXPENDI1URES .................................................................................... 9 SECTION 4.8 - UNEXPECTED EXPENSES ................................................................................... 10 SECTION 4.9 - INTEREST ON LATE PAYMENTS ......................................................................... 10 SECTION 4.10 - PARTIAL PAYMENT OF DISPUTED INVOICES ..................................................... 10 SECTION 4.11 - ADDITIONAL SERVICES AND CHARGES AsSOCIATED WITH THE MOE'S MUNICIPAL DRINKING WATER LICENSING PROGRAM .............................................................. 11

ARTICLE 5 - DISPUTE RESOLUTION .............................................................................. 11 SECTION 5.1 -MEDIATION ...................................................................................................... 11

ARTICLE 6 - EXISTING AGREEMENTS AND TERMINATION .................................... 11

SECTION 6.1 - EXISTING AGREEMENTS ................................................................................... 11 SECTION 6.2 - TERMINATION OF AGREEMENT ......................................................................... 11 SECTION 6.3 - EARLY TERMINATION ....................................................................................... 12 SECTION 6.4 - FINAL SETTLEMENT .......................................................................................... 13

• SECTION 6.5 -TRANSFER OF OPERATIONS ............................................................................... 13

•

ARTIUE 7 .. GENERAL ....................................................................................................... 13 SECTION 7 .1 - OWNERSHIP OF TECHNOLOGY ..•••..•....•............•...............••...•.•••... , ..........•••....•.. 13

SECTION 7.2-AGREEMENTTO GOVERN .................................................................................. 13

SECTION7.3 -HEADINGS ..•••••••.•...•..•................•....•...........•..........••••...................••..••..........••. 13

SECTION 7.4 - ENTIRE AGREEMENT •••.•..•••••..•.•....••••...........................•....•.••.••.•••.•••..••.....•••.••.. 14

SECTION 7.5 - PROPOSAL NOT PART OF AGREEMENT •...............................••.••.••.••.....•........•.... 14

SECTION7.6-CHANGEINCIRCUMSTANCE .•..•.••...••..........• ; ..••....•........•..........••.•••..••.....•••.•..•• 14

SECTION 7.7 -AMENDMENTS AND WAIVERS ..................•......•.•......•......•••.•..........................••. 14

SECTION 7 .8 - SUCCESSORS AND AsSIGNS .••...•..•.••••...............•................•.•..•••••..••..••....•••.••••.. 14

SECTION 7.9- SURVNAL ...•••••••••........•.............•.................•..•............................••..••....•.......•. 14

SECTION 7.IO-SEVERABILITY ••.••..•..................................•....•...................•.••••...•......•.••••..••.•• 15

SECTION 7.11- NOTICES ........................................................................................................ 15

SECTION7.12- COUNTERPARTS ....•...........•••.•..••....•..........•...•........••.................................••••• 15

SECTION7.13 -FREEDOMOFlNFORMATION ••..•..•..•...........................•.......•..••.....•...••...........•.. 15

SECTION} .14 - CONFIDENTIALITY AND SECURITY ••.•........•...........................•.•.••.....•....•..••••... 16

SCHEDULE A- THE FACILITIES SCHEDULE B - DEFINITIONS SCHEDULE C - THE SERVICES SCHEDULED - INSURANCE SCHEDULE E - LIST OF PRE-EXISTING CONDITIONS SCHEDULE F - FORMAT FOR FINANCIAL REPORTING

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SERVICES AGREEMENT

THIS AGREEMENT effective as of the 1st day of April, 2010 (the ''Effective Date"),

BETWEEN

AND

ONTARIO CLEAN WATERAGENCY/AGENCE ONTARIENNE DES EAUX, a corporation established under the Capital Investment Plan Act, 1993, c.23, Statutes of Ontario.

("OCWA")

THE CORPORATION OF THE VILLAGE OF MERRICKVILLEWOLFORD

(the "Client")

RECITALS

(a) OCWA is in the business of providing operations and maintenance services for water and wastewater facilities.

(b) The Client is the owner of the Merrickville-Wolford Water and Wastewater Treatment Facilities and Distribution and Collection Systems more particularly described in Schedule A (the ''Facilities").

(c) The Client wishes to retain the services ofOCWA to operate and maintain the Facilities in accordance with the provisions of this agreement (the "Agreement").

( d) The Client and OCW A ( collectively, the "Parties" and each a "Party") are entering this Agreement to set out their respective rights and obligations with respect to the management, operation and maintenance of the Facilities.

(e) The Council of the Client on the~ day of Harch , 20.ID_passed By-Law No. JJ_- /0 authorizing the Client to enter into this Agreement.

NOW THEREFORE in consideration of the mutual covenants contained in this Agreement and other good and valuable consideration the receipt and sufficiency of which is hereby irrevocably acknowledged, the Client and OCWA agree as follows:

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ARTICLE 1- INTERPRETATION

Section 1.1 - Defmitions

In this Agreement, definitions are set out in Schedule B, or within applicable provisions as indicated.

Section 1.2 - Interpretation

The rule of construction that a document is to be construed more strictly against the Party who itself, or through its agent, drafted such document, shall not apply to this Agreement as it is agreed that the Parties, directly or through their agents, have participated in the preparation of this Agreement.

ARTICLE 2 - RESPONSIBILITIES OF OCW A

Section 2.1 - Retention of OCW A

(a) The Client retains OCWA to provide management, operation and maintenance services, as described in Schedule C to this Agreement, in respect of the Facilities (the "Services"). The Client acknowledges and agrees that OCWA bears no responsibility for the design of the Facilities.

(b) The Client acknowledges and agrees that for the purposes of Section 449 ofth<" Municipal Act, 2001, S.O. 2001, c.25, as amended, OCWA is an agent of the Client.

Section 2.2 - Performance of Services

(a) OCWA shal! deliver the Services in compliance with all applicable Environmental Laws, except as described in Paragraphs 2.2(b) and (c) below and in any of the following circumstances:

(i) the Client not making the Capital Expenditures reasonably recommended by OCW A as per Section 4. 7 herein;

( ii) failure of the Client to meet its representations and warranties specified in this Agreement;

(iii) failure of any equipment at the Facilities, unless the failure is due to negligent maintenance by OCW A;

(iv) the water transmitted to the Water Treatment Facility for treatment contains contaminants or pathogens which cannot be treated or removed by the Facility's treatment processes;

(v) the quantity or quality of water transmitted to the Water Treatment Facility exceeds the Facility's design or operating capacity;

(vi) the wastewater transmitted to the Wastewater Treatment Facility for treatment does not meet the requirements of the Client's sewer use by-law or any Environmental Law;

(vii) the wastewater transmitted to the Wastewater Treatment Facility for treatment contains contaminants or other substances which cannot be treated or removed by the Facility's processes;

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(viii) the quantity or quality of wastewater transmitted to the Wastewater Treatment Facility exceeds the Facility's design or operating capacity.

(b) OCW A may temporarily cease to provide or reduce the level of provision of Services hereunder in the event of an emergency, a breakdown or any Uncontrollable Circumstance. OCW A shaH, when practicable, endeavour to give the Client reasonable advance notice of any such occurrence.

(c) Notwithstanding any other provision of this Agreement, delay in the performance ot; or a failure to perform any term of this Agreement by OCWA, shall not constitute default under this Agreement or give rise to any claim for damages suffered by the Client if and to the extent caused by occurrences or circumstances beyond the reasonable control of OCWA (an ''Uncontrollable Circumstance;'), including but not limited to any circumstances set out in Paragraph 2.2(a), decrees ofgovernment, acts of God (including but not limited to hurricanes, tornadoes, floods and other weather disturbances), sabotage, strikes, lockouts and other industrial disturbances, insurrections, war, civil disturbances, pandemics, riots, explosions, fire and acts of third parties.

( d) In the event that OCW A determines that a deficiency exists with respect to the operation of the Facilities, OCW A will use its best efforts to contact the Client and obtain the Client's approval prior to undertaking any remedial measures to correct the deficiency. The Client acknowledges that such measures may be beyond the scope of the Services and thus subject to an additional charge.

(e) Notwithstanding Paragraph 2.2(d) above, the Client recognizes that in an emergency situation or where an Uncontrollable Circumstance exists, OCW A's primary concern will be to use all reasonable efforts to maintain the Facilities in compliance with Environmental Laws and that OCW A may be required to correct a deficiency or deal with the emergency situation without obtaining the Client's prior approval. Should such a situation arise, OCW A will provide as much information as possible to the Client and will work with the Client to ensure the emergency situation is appropriately addressed.

Section 2 .. 3 - Optional Services

(a) Ifrequested by the Client, OCWA may provide Optional Services to the Client, provided that the Client and OCW A agree in writing to the specific scope of work required.

(b) Unless otherwise agreed to in writing, fees for Optional Services which OCWA agrees to provide to the Client shall be billed directly to the Client on a time and materials basis at the following rates:

(i) Labour rates on Business Days, Monday to Friday, (0800 to 1630) shall be billed at $85.00/hour/person for an operations manager, cluster operations manager or process and compliance technician and $55.00/hour/person for an operator or mechanic, plus vehicle expenses at $0.42/km/vehicle;

(ii) Labour rates at all other times (after hours and on weekends) shall be billed at $127.50/hour/person for an operations manager, cluster operations manager or process and compliance technician and $82.50/hour/person for an operator or

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mechanic, with a minimum four ( 4) hour charge, plus vehicle expenses at $0.42/km/vehicle;

(iii) Costs for parts, equipment and supplies, and outside labour charges (i.e., contractors), used by OCW A staff to provide the Optional Services shall be billed to the Client, and the Client will pay such costs together with a Service Fee.

(c) Once OCWA has agreed to provide Optional Services to the Client, the Optional Services shall be subject to the terms and conditions of this Agreement, with any necessary changes having been made.

Section 2.4 - Standard of Care

OCWA shall deliver the Services as would a reasonable operator with like skills in like circumstances.

Section 2.5 - OCW A as Independent Contractor

In performing the Services, OCW A shall be acting as an independent contractor and only to the extent and for the specific purposes expressly set forth herein. Neither OCWA nor its employees, agents or subcontractors shall be subject to the direction and control of the Client, except as expressly provided in this Agreement.

Section 2.6 - Authorized Representatives

Each of OCW A and the Client shall be entitled to designate in writing to the other, one or more individuals who shall be authorized to represent it in connection with the day-to-day administration of the provisions of this Agreement (the "Authorized Representative(s)"). Each of the Parties shall be entitled to rely on the acts and approvals given by the other Party's Authorized Representative until such time as it receives a written notification of change of the other Party's Authorized Representative.

Section 2. 7 - Reporting

OCW A shall provide the following reports to the Client:

(a) a Facilities performance report, within forty-five ( 45) days of the completion of each quarter or such other period as the Client and OCW A may agree upon.

(b) a summarized financial report, in the format provided in Schedule F, on a quarterly basis indicating expenditures to date and funds remaining; and

( c) an annual financial report, in the format provided in Schedule F.

Section 2.8 - Indemnification of the Client

(a) OCWA shall exonerate, indemnify and hold harmless the Client, its directors, officers, employees and agents from and against Claims which may be suffered or incurred by, accrue against or be charged to or recoverable from the Client to the extent that such Claim is solely attributed to OCWA's negligence or wilful misconduct when performing the Services, except where such Claim is due to an Uncontrollable Circumstance or to a condition of the Facilities which existed prior to OCWA's commencement of the Services (a "Pre-existing Condition"), including but not limited to those listed in

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Schedule E. Such Pre-existing Conditions shall be the ongoing responsibility of the Client. OCW A, in providing these Services, is not responsible, accountable or liable, in any way, for Pre-existing Conditions, either directly or indirectly.

(b) The Client shall be deemed to hold the provisions of this Section 2.8 that are for the benefit of the Client's directors, officers, employees and agents in trust for such directors, officers, employees and agents as third party beneficiaries under this Agreement.

(c) Notwithstanding Paragraph 2.S(a) above, OCWA shall not be liable in respect of any Claim to the extent the Claim is covered by the Insurance.

Section 2.9 - Insurance

(a) OCW A shall maintain, subject to reasonable availability, insurance coverage as described in Schedule D to this Agreement (the "Insurance") and the Client shall be an additional insured under the Commercial General Liability and Contractor's Pollution Liability insurance. The Client acknowledges that, given the unpredictability of the insurance market, deductibles and coverage limits may not be available ( or may not be reasonably priced) from year to year, and therefore, insurance coverage is reviewed annually.

(b) The Client specifically recognizes and agrees that neither OCW A nor the Crown bears any responsibility for the Pre-existing Condition(s) of the Facilities. As such, OCWA is not required to obtain insurance for this purpose and the Client has or will obtain its own insurance.

(c) The Client shall be responsible for securing its own insurance for any other operations with which it is involved that are not part of the Services. The Client acknowledges that OCWA's Commercial General Liability and Contractor's Pollution Liability insurance shall not extend to cover any claims, exposure or liability beyond those directly linked to the provision of Services by OCW A staff. The Client further acknowledges that it will have no recourse under OCWA's Commercial General Liability and Contractor's Pollution Liability insurance for any operations that do not form part of the Services.

( d) In the event of a claim under the Insurance, the payment of deductibles is as specified in Schedule 0.

Section 2.10 - Representations and Warranties of OCW A

OCW A represents and warrants to the Client that the following are true and correct:

(a) that it has full power and authority and has taken all necessary steps to enter into and perfurm its obligations under this Agreement; and

(b) OCWA's staff is trained and capable of providing the Services set out under this Agreement.

ARTICLE 3 - RESPONSIBILITIES OF THE CLIENT

Section 3.1 - Representations and Warranties of the Client

The Client represents and warrants to OCWA that the following are true and correct

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(a) The Client has the full power and authority to enter into and perform its obligations under this Agreement.

(b)

(c)

(d)

The Client has passed all necessary By-Laws and has obtained all necessary Authorizations to enable it to enter into and perform its obligations under this Agreement and to operate the Facilities, (including, without limitation, any Authorizations required from the Ontario Municipal Board and the Ministry of the Environment), and the Authorizations are in good standing.

The Client has provided OCWA with a true copy of each of the Authorizations referred to in Paragraph 3.l(b) above prior to the date of this Agreement, including a certified copy of each municipal By-Law required to authorize the Client to enter into and perform its obligations under this Agreement .

As the owner of the Facilities, the Client is fully aware of its responsibilities and obligations regarding the operation and maintenance of the Facilities under Applicable Laws, including without limitation its responsibilities under the Safe Drinking Water Act, 2002 (the "SDW A") and its regulations.

( e) The Client warrants that there are no Pre-existing Conditions existing at the Facilities which would affect OCWA's ability to operate the Facilities in compliance with the terms of this Agreement and Applicable Laws, other than what is listed in Schedule E. The Client acknowledges and agrees that the Client shall be responsible for addressing such Pre-existing Conditions.

(f) The Client warrants that as of the date of execution of this Agreement, to the best of the Client's knowledge, the Facilities are in compliance with all Applicable Laws.

(g) The Client is not aware of the presence of any designated substances as defined under the Occupational Health and Safety Act (the "OHSA") at the Facilities. The Client acknowledges and agrees that it is responsible for dealing with the designated substances (including but not limited to asbestos) in accordance with the OHSA and its regulations and to notify OCWA of the location of any designated substances in the Facilities.

Section 3.2 - Covenants of the Client

The Client hereby covenants the following for the benefit ofOCWA:

( a) The Client agrees to promptly pay all amounts owing to OCW A under this Agreement as they become due, including any interest charges on late payments as determined under Section 4.9.

(b) The Client agrees to promptly provide OCW A with any information relating to the Facilities which could have a bearing on the provision of Services by OCWA, including but not limited to any engineering report prepared in respect of the Facilities, any Authorization or amendment to any Authorization, as well as any governmental notice or order relating to the Facilities.

( c) The Client agrees to commit the necessary resources to appropriately address and comply with any such reports, Authorizations, notices or orders .

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(d) The Client shall repair, maintain and keep in a good working state, in accordance with good engineering practices and the standards reasonably applicable to an owner of a like Drinking Water Treatment Facilities, all water works that belong to or are under the control of the Client and that distribute water from the Facility.

( e) The Client shall repair, maintain and keep in a good working state, in accordance with good engineering practices and the standards reasonably applicable to an owner of a like Wastewater Treatment Facility, all wastewater works that belong to or are under the control of the Client and that collect and transmit wastewater to the Facility.

(f) The Client shall take reasonable steps to ensure that wastewater transmitted to the Wastewater Treatment Facility complies with the Client's sewer use by-law and any Environmental Laws. If requested by OCW A, the Client shall provide OCW A with copies of the Client's inspection reports (sewer usage, cross-connections, sump pump connections) if available.

Section 3.3 - Exoneration and Indemnification of OCWA

(a) Subject to Paragraph 3.3(c) below, the Client shall exonerate, indemnify and hold harmless OCWA, its directors, officers, employees and agents and Her Majesty the Queen in Right of Ontario, as represented by the Minister of the Environment and all directors, officers, employees and agents of the Ministry of the Environment (collectively referr~d to as the "Indemnified Parties") from and against any and all Claims which may be suffered or incurred by, accrue against, or be charged to or recoverable from any one or more of the Indemnified Parties that, in any way, arise from the Services provided under this Agreement.

(b) OCWA shall be deemed to hold the provisions of this Article 3 that are for the benefit of OCWA's directors, officers, employees and agents and the other Indemnified Parties as defined above, in trust for all such Indemnified Parties as third party beneficiaries under this Agreement.

(c) Notwithstanding Paragraph 3.3(a) above, the Client shall not be liable in respect of any Claim:

(i) to the extent that such Claim is covered by the Insurance; however, the Client shall be responsible for any deduction or self-insured retention amount in accordance with Schedule D; and

(ii) to the extent that such Claim is caused solely by OCW A's negligence or wilful misconduct in providing the Services.

ARTICLE 4-TERM, PAYMENT FOR SERVICES AND OTHER CHARGES

Section 4.1 - Initial Term of Agreement

This Agreement shall start on the Effective Date April I, 2010 and shall continue in effect for an initial term of five years, ending on March 31, 2015 (the "Initial Term") and then may be renewed for successive two-year terms (each a "Renewal Term") upon agreement between the Parties, unless terminated under Section 6.2 of this Agreement.

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Section 4.2 - Operations Estimate

(i) No later than October 30th of each year of the Initial Term or any Renewal Term, OCW A shall prepare and submit to the Client, forits approval, an estimate of the charges associated with the provision of the operational and maintenance Services for the following calendar year. The Client will inform OCWA Iio later than December 1st whether the estimate is approved or not approved (the approved estimate is referred to as the "Estimate"), If the Client does not provide OCW A with its decision regarding approval by the December 1st date, the estimate shall be deemed approved. The Estimate shall be OCWA's authorization to incur the expenditures in the Estimate, The Estimate for the first year of the Initial Term is $393,820 .

Merrickville-Wolford WT &D $187,510

.Merrickville-Wolford WWT&C $206,310

(ii) The price for the Merrickville Sewage Treatment Plant is to be reviewed and adjusted in future to reflect changes in scope of services once the construction and commissioning of the new plant is completed, ·

Section 4.3 - Payment of the Estimate

The Client shall pay OCWA the annual Estimate in twelve (12) equal monthly payments, in advance on the first day of each month. For the first year of the Initial Term, each monthly pa}'ment shall be $32,818.33, The first payment shall be due and payable on April 6, 2010. Payment shall be made by the Client by pre-authorized debit from an account designated by the Client.

Section 4.4 - Reconciliation of the Estimate and Actual Charges

At the end of each calendar year, OCW A will determine the actual charges for providing the Services to the Client for that year (the "Actual Charges") which, as indicated in Paragraph 2.9(a), may include an increase in premium for the Insurance. If the Estimate paid by the Client for the year exceeds the Actual Charges, OCW A will pay the Client the difference within thirty (30) days ofOCWA making the determination, If the Actual Charges exceed the Estimate paid by the Client, the Client shall pay OCW A the difference within thirty (30) days of OCW A notifying the Client in writing of the determination.

Section 4.5 - Other Charges

The Estimate, as reconciled with the Actual Charges, includes all charges associated with providing the Services, except for the following:

(a) OCWA's Management Fee (as described in Section 4.6 below);

(b) Capital Expenditures that exceed the limits agreed to ( as described in Section 4. 7 below);

(c) Any costs related to a failure of the existing Sewage Treatment Plant aeration, clarifier/settling and sludge tanks;

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(d) Unexpected Expenses (as described in Section 4.8 below);

( e) fees for additional services provided by OCW A (as described in Paragraph 2.3(b) above); and

(f) Third party costs related to the DWQMS such as registration and listing fees and audit costs.

Section 4.6 - Management Fee

(a) In addition to payment of the Estimate, as reconciled with the Actual Charges, the Client shall also pay OCWA an annual management fee (the "Management Fee") to provide the management Services, which shall be $72,000 for the first year of the Initial Term ("Year One'') ($35,000 for the Water Treatment Facility and Distribution Services and $37,000 for the Wastewater Treatment Facility and Collection Services). The Management Fee shall be paid by the Client in twelve (12) equal monthly installments at the same time and in the same manner as the Estimate. The monthly payment of the Management Fee for Year One of the Initial Term shall be $6,000.00.

(b) For the second year ("Year Two") and subsequent years of the Initial Term, the annual management fee shall be $72,000 plus the CPI Adjustment.

( c) The Management Fee in any Renewal Term shall be as agreed by the Client and OCW A If the Client and OCWA cannot reach an agreement on the Estimate and Management Fee for any Renewal Term within six (6) months of the beginning of the last year of the current term (whether the Initial Term or a Renewal Term) (the "Current Term"), this Agreement will be terminated one year from the last day of the Current Term. The Parties shall treat this final year in the same manner as if the Current Term was extended an additional year.

Section 4. 7 - Capital Expenditures

(a) "Capital Expenditures" means the charges for all capital items in relation to the Facilities, including new or replacement equipment, any overhaul or rebuild of equipment, any nonroutine repair; maintenance (excluding routine maintenance); any alterations and any associated installations, commissioning, including labour and preselection charges, together with the Service Fee. Capital Expenditures shall be billed to the Client in the same manner as described in Paragraph 2.3(b ). These charges would normally be for items beyond the normal "routine" operational estimate a.s listed in Section 4.2 Operations Estimate.

(b) No later than October 31st of each Year this Agreement is in force, or a date as the Parties may agree in writing, OCW A will provide the Client with an estimate of the Capital Expenditures reasonably required for the operation of the Facilities for the following Year. The Client's written approval of the estimate or revised estimate authorizes OCW A to incur the Capital Expenditures included in the approved estimate (the "Approved Capital Expenditures").

(c) OCWA will invoice the Client for the Approved Capital Expenditures together with supporting documentation and the Client shall pay the invoice within thirty (30) days of the date of invoice .

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Each Year, OCWA wiUpay the first $25,000 of Capital Expenditures incurred during that Year of the Initial Term or Current Term, $15,000 for the Merrickville-Wolford Water Treatment Facility and Distribution Services and $10,000 for the MerrickvilleWolford Wastewater Treatment Facility and Collection Services. OCWA will not be required to obtain prior approval of the Client before incurring such.Capital Expenditures up to $25,000 per year.

Section 4.8 - Unexpected Expenses

(a) "Unexpected Expenses" means unanticipated expenditures or additional costs which may include Capital Expenditures in addition to the Approved Capital Expenditures, that OCWA reasonably incurs in order to address a Change in Applicable Laws, any Uncontrollable Circumstance, any work required by regulatory order (e.g. MOE or MOL) or identified through an inspection ( e.g. ESA, MOE, MOL) that is not solely the result of OCWA's negligence in performing the Services or any other emergency situation, together with the Service Fee.

(b) In the event that OCW A is required to incur Unexpected Expenses, the prior approval of the Client with respect to those Unexpected Expenses will be required only if time permits. Within ten (10) days of incurring the Unexpected Expenses, OCWA will provide the Client with a report detailing the reasons the Unexpected Expenses were incurred.

( c) Any Unexpected Expenses will be invoiced to the Client together with appropriate supporting documentation, and the Client should pay the invoice within thirty (30) days of the date of the invoice.

Section 4.9 - Interest on Late Payments

(a) Monthly Payment of Estimate and Management Fee. If the Client's monthly payment of the Estimate and Management Fee are not available in its designated bank account on the agreed to date of payment, OCW A will notify the Client that the funds were not available. Interest will be charged to the Client starting from the day after the payment was due in the account. Interest shall be paid at a rate determined by the Minister of Finance, from time to time, as payable on overdue accounts, in accordance with the Financial Administration Act, R.S.O. 1990, c.F.12, plus any banking charges and an administrative fee.

(b) Other Invoices. Invoices, other than for the monthly payment set out in Section 4.9( a) above, shall be paid no later than thirty (30) days from the date of the invoice and interest shall begin to accrue one (1) day after the payment is due.

Section 4.10 - Partial Payment of Disputed Invoices

(a) If the Client wishes to dispute any portion of an invoice, within forty-five (45) days from the date on the disputed invoice, the Client must provide written notice to OCWA of the charges in dispute. If no written notice is received within the above forty-five ( 45) days, the invoice shall be deemed to be approved and interest shall be payable by the Client, if still unpaid after thirty (30) days from the Client's receipt of the invoice .

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(b) If the Client disputes any portion of an invoice, the Client shall nonetheless pay to OCWA the undisputed portion of the invoice by the due date and shall also continue to pay all monthly payments of the Estimate and Management Fee due on the first of each month. If any additional amount is finally detennined to be payable to OCW A, the Client shall pay OCW A the additional amount, plus interest as provided in Section 4.9 above, within ten (10) days from the date of final detennination.

(c) If the disputed charges cannot be resolved with a reasonable time, the Parties shall seek resolution in accordance with Article 5, Dispute Resolution.

Section 4.11- Additional Services and Charges Associated with the MOE's Municipal Drinking Water Licensing Program

Further to Paragraph 4.5(g) above, the Client and OCWA acknowledge that this Agreement addresses any additional services that may be provided by OCW A to the Client that are associated with meeting the requirements of the MOE's Municipal Drinking Water Licensing Program. Related third party costs for audits, registration and listing are not included in the Operations Estimate.

ARTICLE 5 - DISPUTE RESOLUTION

Section 5.1- Mediation

( a) If a dispute arises between the Client and OCW A which cannot be resolved within a reasonable time, then the issue shall be referred to a mediator.

(b) The fees and expenses of the mediator shall be divided equally between the Parties.

(c) Involvement in mediation is on a without prejudice basis and does not preclude and is not a bar to either Party pursuing whatever legal remedies may be available, including litigation.

ARTICLE 6 - EXISTING AGREEMENTS AND TERMINATION

Section 6.1 - Existing Agreements

(a) Subject to Paragraph 6.l(b) below, upon the execution of this Agreement, all existing agreements between the Client and OCWA or a predecessor ofOCWA including any agreements made under Section 63 of the Ontario Water Resources Act, R.S.0. 1990, c.0.40, entered into before April 1, 1974, that relate to the operation, maintenance or construction of the Facilities ("Existing Agreements"), are tenninated.

(b) Notwithstanding any other provision of this Agreement, all financial obligations of the Client to OCWA or any ofOCWA's predecessors under any Existing Agreement, including but not limited to the obligation of the Client to pay any outstanding debt owed in respect of the Facilities, shall remain in effect until such time, if applicable, that new financing arrangements have been entered into between the Client and OCW A.

Section 6.2 - Termination of Agreement

(a) At least twelve calendar months before the expiry of the Current Term, either:

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(i) the Client shall notify OCWA in writing whether it wishes to tenninate or renew this Agreement at the end of the Current Term. However, OCW A reserves the right to decline to renew the Agreement by notifying the Client in writing of its decision to decline, within thirty (30) days of receipt of the Client's written request to renew; or

(ii) OCWA shall notify the Client in writing that it wishes to terminate this Agreement at the end of the Current Term.

(b) Ifno notice is given as indicated in Clause 6.2(a)(i) or (ii) and the Parties do not agree to negotiate the Annual Price for the next Renewal Term within the last six (6) months of the final year of the Current Term, then the Current Term shall be extended by two (2) years and Article 4 will apply accordingly .

(c) During the Initial Term or any Renewal Term, this Agreement may only be terminated by either the Client or OCWA if:

(i) there has been a material breach of the Agreement;

(ii) the Party complaining of the breach has given written notice of the breach to the other Party;

(iii) the other Party does not correct the bn;ach within thirty days ofreceiving the notice; and

(iv) the complaining Party tenninates in accordance with Paragraph 6.2(d).

(d) Where there is a material breach and: (i) such material breach has not been corrected within the time set out in Paragraph 6.2( c) above; (ii) the material breach has not been referred to mediation pursuant to Section 5.1 of this Agreement; and (iii) the Parties have not otherwise agreed in writing, then the complaining Party may terminate this Agreement by giving at least thirty (30) days notice in writing to the other Party.

(e) If either Party disputes the existence ofa breach or that the breach is material, then the dispute may be referred to mediation under Section 5.1 of this Agreement.

(f) After the Initial Term, either the Client or OCWA may terminate this Agreement only as follows:

(i) for any reason, upon twelve months (12) prior written notice; or

(ii) if there has been a material breach of the Agreement, in accordance with the procedures described in Paragraphs 6.2(c) and 6.2(d) above.

(g) For greater certainty, continued non-payment of monies owed to OCW A under this Agreement shall constitute a material breach of this Agreement by the Client.

Section 6.3 - Early Termination

If this Agreement is terminated for any reason prior to expiry of the Current Term, the Client shall pay OCWA for the Services rendered up to the date of termination (including reconciliation with the actual Charges) and any outstanding Management Fee, Capital Expenditures, Unexpected Expenses or other charges for extra services negotiated by the Parties plus any applicable Service Fees, and OCW A shall pay the Client for any moneys owed up to the

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date of termination in accordance with Section 6.4. Since Insurance is purchased on an annual basis, the Client will be charged the remainder of the annual premium for the Insurance.

Section 6.4 - Final Settlement

If OCW A ceases to operate and maintain the Facilities, there shall be a final settlement of all accounts with respect to the Actual Charges, Management Fee and any other charges and expenses incurred by OCW A and amounts owing by or to the Client under this Agreement and any Existing Agreement including, but not limited to the outstanding debt, if any, owed to OCWA, no later than ninety (90) days after OCWA ceases to provide the Services or thirty (30) days after OCW A has provided the Client with a final invoice, whichever comes later.

Section 6.5 - Transfer of Operations

·• Upon the termination of this Services Agreement, OCWA will return the following

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documents to the Client:

(a) The log books for the Facilities.

(b) The original operations manual(s) that were provided by the Client to OCWA at the commencement of the Services.

(c) A list of emergency phone numbers from the contingency plan binders used by OCWA staff in respect of the Facilities,

( d) Maintenance and repair records of equipment at the Facilities.

ARTICLE 7 - GENERAL

Section 7.1- Ownership of Technology

The Client acknowledges and agrees that in providing the Services, OCWA may utilize certain technology developed by or for OCWA, for example, OCWA's WMMS, Outpost 5 and/or PDC (the "Technology"). The Client further agrees that use of the Technology by OCW A with respect to the Facilities does not in any way give the Client any ownership or licensing rights in or to the Intellectual Property Rights to the Technology unless otherwise agreed to in writing between the Parties. For greater certainty, nothing in this Section 7 .1 shall be interpreted as requiring OCWA to provide the Client with the Technology or other similar technology in respect of the Facilities as part of the Annual Price.

Section 7 .2 - Agreement to Govern

If there is any inconsistency between the main body of this Agreement and any Schedule to this Agreement, then the provision in the main body shall govern.

Section 7 .3 - Headings

The division of this Agreement into Articles, Sections and Paragraphs and the insertion of headings are for convenience ofreference only and will not affect the construction or interpretation of this Agreement.

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Section 7,4 - Entire Agreement

This Agreement constitutes the entire agreement between the Client and OCW A with respect to the subject matter hereof and cancels and supersedes any prior understandings, undertakings, representations, warranties, terms, conditions and agreements, whether collateral, express, implied or statutory, between the Client and OCWA with respect thereto.

Section 7.5- Proposal Not Part of Agreement

OCWA's proposal to the Client to operate the Facilities dated March 8, 2010 shall not form part of this Agreement.

Section 7.6- Change in Circumstance

(a) In the event that there is a change in circumstances or condition that is not covered under the terms of this Agreement, including, without limitation, a Change in Applicable Laws or change in the scope of services provided ( a "Change in Circumstance'\ then the Party asserting the occurrence of such Change in Circumstance shall give written notice to the other Party, and the written notice shall contain:

(i) details of the Change in Circumstance;

(ii) details of the inadequacy of this Agreement; and

(iii) a proposal for an amending agreement to remedy the Change in Circumstance.

(b) The Parties shall negotiate in good faith any amendments to this Agreement necessary to give effect to or comply with the Change, including any adjustments to the Annual Price or the Services to be provided, which shall be effected as of the date of the Change. If the Parties dispute the existence of a Change, or the recommendation proposed to rectify the Change or the terms and provisions of any amendment to the Agreement, then either Party may refer the dispute to mediation under Article 5, Dispute Resolution.

Section 7.7-Amendments and Waivers

No amendment to this Agreement will be valid or binding unless it is in writing and duly executed by both of the Parties hereto. No waiver of any breach of any provision of this Agreement will be effective or binding unless it is in writing and signed by the Party purporting to give such waiver and, unless otherwise provided, will be limited to the specific breach waived.

Section 7 .8 - Successors and Assigns

This Agreement shall operate to the benefit of and be binding upon, the Parties hereto and their successors and assigns. This Agreement may be assigned in the discretion of either Party.

Section 7 .9 - Survival

All representations and warranties given by each of the Parties, all outstanding payment obligations, and the confidentiality obligation under Section 7 .14, shall survive indefinitely the termination of this Agreement.

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Section 7 .10 - Severability

Ifanyprovisionofthis Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision and everything else in this Agreement shall continue in full force and effect.

Section 7.11- Notices

(a) All notices required or permitted to be given under this Agreement shall be in writing and shall be deemed to be properly given if hand-delivered, sent by confirmed facsimile or by registered mail postage prepaid, return receipt requested, or by courier, to the Parties at their respective addresses as set forth below, or to such other addresses as the Parties may advise by like notice. Such notices if sent by facsimile, registered mail or courier shall be deemed to have been given when received .

( i) ifto the Client: Village of Merrickville-Wolford Municipal Office 317 Brock Street, PO Box 340 Merrickville, ON KOG lN0 Telephone: 613-269-4791 Fax: 613-269-3095 Attention: Jill Eagle, CAO/Clerk

(ii) ifto OCWA: Ontario Clean Water Agency 593 Norris Court Kingston, ON K7P 2R9 Telephone: 613-634-6292 Fax: 613-634-1942 Attention: Aimee Hennessy, Account Service Representative

(b) A Party to this Agreement may change its address for the purpose of this Section by giving the other Party notice of such change of address in the manner provided in this Section.

Section 7.12 - Countemarts

This Agreement may be executed in counterparts, each of which shall constitute an original and all of which taken together shall constitute one and the same instrument.

Section 7.13 - Freedom of Information

The Client understands and agrees that this Agreement and any materials or information provided to OCWA through the performance of the Services may be subject to disclosure under the Freedom oflriformation and Protection of Privacy Act, R.S.O. 1990, c.F.31, as amended, or as otherwise required by law .

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Section 7.14 - Confidentiality and Security

The Parties shall strictly maintain confidential and secure all material and information provided, directly or indirectly, by the other Party pursuant to this Agreement. Subject to relevant legislation related to freedom of information or the protection of privacy and any other laws, neither Party shall directly or indirectly disclose to any person, either during or following the term of this Agreement, any such material or information provided to it by the other Party without first obtaining the written consent of the Party who provided such material or information, allowing such disclosure.

IN WITNESS WHEREOF the Parties have duly executed this Agreement.

ONTARIO CLEAN WATER AGENCY 1

By: (J4 !M«uu (Authorized Signing Officer)

Lf /20 /4.o Io ~ I

Date of S:gning . ed Signing

THE CORPORATION OF THE VILLAGE OF ME - OLFORD

Date of Signing

Dat~ of Signing

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SCHEDULE A-The Facilities

Part 1. Description of the Facilities

For the purposes of this Agreement, the Facilities is comprised of the following:

Main Pumphouse consists of a 150 mm diameter pump header and appurtenances including a turbine flow meter, discharging into a single cell reservoir measuring 18 m x 13.5, x 3.5 m deep with a storage volume of590 m3

; two centrifugal high lift pumps, one duty pump rated at 15 L/s at a TDH of 50 m and one standby pump rated at 22.5 Lis at a TDH of 50 m, connected to the pumping discharge main; one electrically driven constant speed horizontal base-mounted, sp1it case, centrifugal frre pump rated at 64 Lis at a TDH of 57 m; a sodium hypochlorite disinfection system, consisting of a 45 litre capacity sodium hypochlorite tank, with PVC spill basin, and one chemical metering pump rated at 1.6L/h at a TDH of96.5 m.

Well #1 consists of a 250 mm diameter, 35 metre deep drilled groundwater production well, equipped with a submersible deep well pump, rated at 7.9 Lis at a TDH of13 m with a 100 mm diameter discharge line connected to a 100 mm diameter well pump header in the main pump house including a vented watertight galvanized steel enclosure over the well head.

Well #2 consists of a 200 mm diameter 49 metre deep drilled groundwater production well equipped with a submersible deep well pump, rated at 4.7 Lis at a TDH ofl0 m with a 100 mm diameter discharge line connected to the clearwell in the main pumphouse including a vented watertight galvanized steel enclosure over the well head.

Well #4 consists of a 200 mm diameter 50 metre deep drilled groundwater production well equipped with a submersible deep well pump, rated at 9 .2 Lis at a TDH of 15 m with a 100 mm diameter discharge line connected to the clearwell in the main pumphouse including a vented watertight galvanized steel enclosure over the well head; a sodium hypochlorite disinfection system consisting of a 45 litre capacity sodium hypochlorite day tank with a PVC spill basin and one chemical metering pump rated at 1.6 Lis at a TDH of96.5 m, injecting sodium hypochlorite solution into the common raw water discharge line of Well Pump No.2 and 4.

Wastewater Treatment Facility consists of a 500 m3 /d package extended aeration plant consisting of one aeration basin, final settling basin, chlorine contact tank and an aerobic sludge storage tank. A solution of ferric chloride is continuously added to the influent in the aeration tank for phosphorous removal. The effluent is disinfected using sodium hypochlorite and then discharge through a submerged outfall to the Rideau River. Due to the small surface settling area of the final settling basin the allowable plant capacity is approximately 340 m3/d. The effluent design objectives and guidelines are as stipulated in Table 1 (Effluent Criteria) of the Ministry of Environment's Procedure F-5-1.

Wastewater Collection System

There are 340 residences connected to the sanitary sewer collection system. The raw sewage flows by gravity to the #1 sewage pumping station. From there it is pump by two submersible pumps to the Sewage Treatment Plant. The #2 sewage pumping station is not in service .

Water Distribution System

The pressure fur the distribution system is maintained by the highlift pumps at the main pumphouse as there is no elevated water storage. There are 400 water connections, 57 hydrants, 68 valves and 2 pressure blow-offs.

Communal Wells One located in the Village and the other approximately 10 kms west of the Village ofMerrickville, both containing UV and Filter.s.

Part 2. Street Address of the Facilities

• Tue street address of the Facilities is as follows:

Main Pumphouse 105 Main Street East

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Well #1 North side of Main Street East 60 metres east of St. Lawrence Street

Well#2 North side of Main Street East 60 metres east of St. Lawrence Street

Well#4 North side of Main Street East 85 metres east of St. Lawrence Street

Merrickville Sewage Treatment Plant

Communal Well #1

Communal Well #2

106 Collar Hill Rd Merrickville-Wolfurd Village, United Counties of Leeds and Grenville

Public Library 446 Main Street West Merrickville, ON

Easton's Comers Centennial Hall 43 Park Street Easton's Comer, ON

Part 3. Diagram of the Distribution System

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SCHEDULE B - Defmitions

In this Agreement, the following terms are defined below or in the section in which they first appear:

"Actual Charges" is defined in Section 4.4 of this Agreement.

"Agreement" means this agreement together with Schedules A, B, C, D, E, and F attached hereto and all amendments made hereto by written agreement between OCW A and the Client.

"Applicable Laws" means any and all statutes, by-laws, regulations, permits, approvals, standards, guidelines, certificates of approval, licences, judgments, orders, injunctions, authorizations, directives, whether federal, provincial or municipal including, but not limited to all laws relating to occupational health and safety matters, fire prevention and protection, health protection and

• promotion, land use planning, environment, Building Code, or workers' compensation matters and includes Environmental Laws.

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"Approved Capital Expenditures'' is defined in Paragraph 4.7(b) of this Agreement.

"Authorizations" means any by-laws, licences, certificates of approval, permits, consents and other authorizations or approvals required under Applicable Laws from time to time in order to operate the Facilities.

"Authorized Representative(s)" is defined in Section 2.6 of this Agreement.

"Business Days" means a day other than a Saturday, Sunday or statutory holiday in Ontario.

"Capital Expenditures" is defined in Paragraph 4.7(a) of this Agreement.

"Change in Applicable Laws" means the enactment, adoption, promulgation, modification, issuance, repeal or amendment of any Applicable Laws that occur after the date this Agreement is executed by both Parties.

"Change in Circumstance" is defined in Paragraph 7.6(a).

"Claim" means any claim, fine, penalty, liability, damages, loss and judgments (including but not limited to, costs and expenses incidental thereto).

"CPI Adjustment" means the percentage difference between the Statistics Canada Consumer Price Index, All Items (Ontario) ("CPf') during September of the previous Year as compared to the CPI of September of the current Year.

"Current Term" is defined in Paragraph 4.6(c) of this Agreement.

"Crown" means Her Majesty the Queen in Right of Ontario.

"Effective Date" is defined on Page 1 of this Agreement.

"Environmental Laws" means, any and all statutes, by-laws, regulations, permits, approvals, certificates of approval, licences, judgments, orders, judicial decisions, injunctions, and authorizations related to environmental matters or occupational health and safety and which are applicable to the operation of water treatment facilities.

"ESA" means the Electrical Safety Authority.

"Estimate" is defined in Section 4.2 of this Agreement.

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"Facilities" is defined in Paragraph (b) of the Recitals to this Agreement and further described in Schedule A.

"Hydro Costs" means hydroelectricity costs due to the operation and maintenance of the Facilities.

"lnde~ified Parties" is defined in Paragraph 3.3(a) of this Agreement.

"Initial Term" is defined in Section 4.1 of this Agreement.

"lnSPrance" is- d_efined in Paragraph 2.9( a) and further described in Schedule D.

"Intellectual Property Rights" means· any copyright, trademark, patent, registered design, design right, topography right, service mark, application to register any of the aforementioned rights, trade secr~t, -rights in unpatented know-how, right of confidence and any other intellectual or industrial propei;ty rights of any nature whatsoever in any part of the world .

"Management Fee" is defined in Paragraph 4.6(a) of this Agreement.

"MOE" means the (Ontario) Ministry of the Environment.

"MOL" means the (Ontario) Ministry of Labour.

"Municipal Drinking Watir Licensing Program" means the MOE's program which requires ownern uf municipal drinking water systems to obtain a "municipal drinking water licence" ( as defined under the SOWA) in accordance with Part V of the SOWA and as part of such process will require owners to: prepare an operational plan and submit the operational plan to the MOE; retain an accredited operating authorits,; obtain a "drinking water works permit" ( as defined in the SDW A); prepare and submit a financial plan in accordance with Part V of the SOWA; and obtain a permit to take water.

"Optional Services"· means any services not included in Schedule C ''the Services" that the Client and OCWA agree in writing to designate as "Optional Services" subject to Section 2.3.

"Outpost 5" means a rem9te. l)lOnitoring and control system designed and constructed by OCW A and its consultants for the p:qrpose of monitoring and controlling processes at water treatment facilities and their related parts.

"OWRA" means the Ontario Water Resources Act, R.S.O. 1990, c. 0.40.

"Parties" is defined in Paragraph ( d) of the Recitals to the Agreement.

"PDC" or "Process Data Collection" means technology that allows process data to be entered into a format that can be viewed, manipulated and retrieved in the form of customized reports.

"Pre-existing Condition" is defined in Section 2.8 of this Agreement . . -"Renewal Term" is defined in Section 4.1 of this Agreement.

"SCAD A" means Supervisory Control and Data Acquisition.

"SDWA" means the Safe Drinking Water Act, 2002, S.O. 2002 c.32.

"Service Fee" means an additional fee charged to the Client when OCW A purchases materials, supplies, equipment or contractor's services on behalf of the Client. For any individual item or service purchased, the Service Fee shall be calculated as follows:

(a) 15% of the first $10,000; plus (b) 10% on the amount from $10,000 to $50,000; plus

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•

(c) 5% on the amount in excess of$50,000.

For example, the Service associated with a capital project which required $56,000 in supplies and materials would be $5,800 (15% x $10,000 + 10% x $40,000 + 5% x $6,000).

"Services" is defined in Section 2.1 of this Agreement.

"Technology" is defined in Section 7.1 of this Agreement.

"Uncontrollable Circumstance" is defined in Paragraph 2.2( c) of this Agreement.

"Unexpected Expenses" is defined in Paragraph 4.8(a) of this Agreement.

"WMMS" or "Work Management Maintenance System" means a computer program used to determine a program of preventive maintenance activities for equipment in the Facilities based on a risk analysis that considers factors such as equipment life expectancy, present value and replacement cost.

"Year" means the 365 day period from April 1 to March 3 lofthe following calendar year .

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SCHEDULE C - The Services

1. The Services

The Services are set out below:

A.

i.

11.

iii.

iv.

V.

vi.

vii.

B.

!.

ii.

iii.

IV.

v.

vi.

vii.

C.

i.

ii.

Water Treatment - General Operation

Ensure that daily operations comply with and fulfill the requirements of Environmental Laws;

Inspect process control equipment to ensure proper operation of disinfection system, putnps, chemical systems, on line monitors and standby power;

Mix, monitor and adjust process chemicals to ensure adequate treatment;

Record and analyze water flow, electricity used, chemicals used, chlorine residuals, turbidity and other process readings as required;

Routinely conduct water sampling/testing in accordance with Environmental Laws, including the Facility's Certificate of Approval(s);

Complete OCWA's internal operational data forms for statistical input into a reporting system;

Calibrate equipment in accordance with the Facility's Certificate of Approval(s).

Water Distribution - General Operation

Ensure that daily operations comply with and fulfill the requirements of Environmental Laws;

Open, exercise flush and winterize water hydrants as required;

Exercise main distribution shut-off valves on a progressive schedule;

Arrange for repair of water leaks in distribution system (to be billed as capital);

Routinely conduct water sampling/testing in accordance with Environmental Laws, including the Facility's Certificate of Approval(s);

Complete OCW A's internal operational data forms for statistical input into a reporting system;

Calibrate equipment in accordance with the Facility's Certificate of Approval(s).

Wastewater Treatment

Ensure that daily operations comply with Environmental Laws;

Inspect process control equipment to ensure proper operation of bar screens, secondary wastewater treatment clarifiers, pumps, blower and aeration systems, disinfection systems, sludge holding tanks, stand by power and other chemical feeders;

iii. Remove grit as required;

iv. OCW A staff will on a routine basis:

•

•

V.

Vl.

vii.

viii.

D.

i.

ii.

• monitor and adjust dosages of process chemical as required; • record and analyze electricity used, chemicals used, chlorine residuals, disinfection,

and wastewater flow calculations; • collect samples and perform routine wastewater tests in accordance with the

Certificate of Approval or legislation;

Calculate, record and analyze the amount of wastewater treated, the daily flows and monthly flows, pumping station run hours, and standby equipment running hours;

Complete OCWA's internal operational data forms for statistical input into PDC;

Calibrate equipment in accordance with the Facility's Certificate of Approval;

Clean wet wells .

Wastewater Collection

Ensure that daily operations comply with Environmental Laws;

Inspect equipment at pumping stations and forcernains to ensure proper operation of bar screens, barminutor/comminutor, pumps, blowers, disinfection systems, filters, stand by power and other chemical feeders;

m. As required, remove maintenance hole covers and inspect maintenance holes for flow through, debris accumulation, structural stability of walls, rungs, infiltration and proper benching;

iv. Record flow readings on operational forms for computer input;

v. Calibrate equipment in accordance with the Facility's Certificate of Approval;

VI. Clean wet wells.

2. Routine Maintenance

OCWAwill:

( a) carry out a routine lubrication program including greasing and oiling as required in the lubrication schedule;

(b) perform routine maintenance duties to equipment by following preventive maintenance procedures;

(c) maintain an inventory of all key equipment and tools; and

( d) ensure the security of the Facilities by locking doors and gates.

3. Capital Improvements

OCW A, acting as a reasonable operator, will record information on the frequency of equipment breakdown and repair costs to determine replacement needs. Parts of the Facilities requiring upgrading or improvement will be identified and brought to the attention of the Client in accordance with Paragraph 4.7(b) of this Agreement.

4.

(a)

(b)

5.

(a)

• (b)

•

6.

(a)

(b)

7.

(a)

(b)

(c)

8.

•

Efficient Operation/Record Keeping

OCWA, acting reasonably, is responsible for ensuring the efficient operation of the Facilities' processes.

OCWA will maintain records regarding the operation of the Facilities in compliance with Environmental Laws.

Regulatory Matters

OCWA shall prepare the Facilities for any scheduled inspection by the Ministry of the Environment ("MOE") and shall accompany the MOE during such inspection. OCWA will review with the Client any inspection reports prepared by regulatory authorities that are provided to OCW A.

Responding to a regulatory report on behalf of the Client (for example, a report of an inspection from the MOE or MOL), either directly or indirectly shall be considered an Unexpected Expense as per Section 4.8. Subject to any approvals of the Client required by Paragraph 4.8(b) of this Agreement, OCWA will either correct deficiencies identified in such inspection reports (in accordance with Paragraph 4.8(a)) or negotiate changes to the reports with the regulatory authorities if related to the operation of the Facilities. If any orders are issued by a regulatory authority which will require Capital Expenditures or any additional services, then OCW A may negotiate with the Client to provide such services at additional cost to be agreed upon by the Parties.

Staffmg

OCW A will ensure the Facilities are operated with certified operators and other trained staff as required by Environmental Laws.

OCWA will ensure that staff working at the Facilities is trained in normal process operation and maintenance of the Facilities and that all staff is trained to deal with emergency situations.

Emergency Situations

OCWA will ensure that there are contingency plans in place for OCWA staff to address nonroutine operational situations and emergency situations such as spills, by-passes, overflows, hydro interruptions and equipment failure.

In the event of an emergency, OCW A shall implement such contingency plans and shall make all reasonable efforts to maintain the Facilities in compliance with Environmental Laws.

Emergency responses outside of regular work hours shall be billed to the Client in accordance with Paragraph 2.3(b).

Sludge

OCW A shall arrange for sludge removal in accordance with all relevant certificates of approval and Environmental Laws in force as of the commencement date of this Agreement indicated in Section 4.1. For the purposes of Paragraph 4.5( c) of this Agreement, if a provision of the Nutrient Management Act, 2002 (the "NMA") or its regulations (as they may

••

•

•

•

9.

be amended from time to time), or any relevant regulatory guidelines on biosolids management and disposal issued by the Ministry of the Environment or Ministry of Agriculture and Food has not yet been phased in as of the commencement date of this Agreement, such provision will be deemed to not yet be in force and shall be considered a change in Environmental Law.

As owner of the Facilities, the Client acknowledges that it shall be the Client's responsibility to meet the requirements of the NMA regarding preparation and submission of a nutrient management strategy; such requirement is being phased in depending upon the size of the Facilities. OCW A may be able to provide assistance in the preparation of the strategy upon the Client's request and the Parties' agreement on the scope of the work and price.

Future NMA requirements also affect sludge haulers with respect to certification. The Client acknowledges that these "new" NMA requirements may affect the price of sludge haulage and therefore would be considered a change in Applicable Laws under Paragraph 4.8(a).

Excluded Services

The costs for services listed below are excluded from the Annual Estimate but can be provided by OCW A on an as-needed/as-requested basis:

• Overtime and any call-back (after the first 12) if reason is beyond OCWA's control

• Water meter installation and maintenance

• Costs for non-routine sampling, lab analysis and associated remediation efforts to address adverse results

• Preparation of Operation Plan (DWQMS) and Cost of External Audits related to the DWQMS

• Costs for preparation of Operations and Maintenance Manuals

• Costs for landscape maintenance including lawn cutting and snow plowing and removal at the facilities

• Local water and utility charges

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•

SCHEDULED - Insurance

A summary of the insurance coverage that OCWA will arrange for in respect of the Facilities is described below:

Property Insurance

Perils: "All Risks" including earthquake and flood. Subject to policy exclusions.

Limits: - Replacement Value (Subject to Annual Reports) - Extra expenses - Expediting expenses

Deductibles: For the year 2010, subject to change on an annual basis:

All Perils $5,000 ( except earthquake and flood) Earthquake $100,000 (minimum) Flood $50,000

Where the Client's property is repaired or replaced, the Client will pay the deductible. Where OCWA's property is repaired or replaced, OCWA will pay the deductible. In cases where both the Client's and OCWA's property is repaired or replaced, the deductible will be paid by both the Client and OCW A pro rata in accordance with the total loss.

Property Insured: All reported properties including buildings and equipment situated within 1,000 feet of the premises. Includes pumping stations. Excludes underground sewer and water system.

Boiler and Machinery Insurance

Coverage: Insures against loss or damage arising from an accident with Pressure Objects, Production Machines, and Machinery and Service Supply in use or connected ready for use.

Objects: Fired and Unfired Pressure Vessels (Excess of 15PSI) Piping, Production Machinery and Service Supply.

Accident:

Limit:

Sudden and accidental breakdown of an object which causes it physical damage, requiring its repair or replacement. Subject to policy terms, conditions and exclusions.

$60,000,000 per accident.

Deductibles: $5,000 for the year 2010; subject to change on an annual basis.

Where the Client's property is repaired or replaced, the Client will pay the deductible. Where OCW A's property is repaired or replaced, OCW A will pay the deductible. In cases where both the Client's and OCW A's property is repaired or replaced, the deductible will be paid by both the Client and OCW A pro rata in accordance with the total loss.

Automobile Insurance

Coverage: Automobile Liability for OCWA owned or leased vehicles.

Limit: $5,000,000

\· ,

•

•

Deductible: The deductible will be paid by OCW A.

Commercial General Liability Insurance

Coverage: Third party liability including legal fees, for property damage and/or bodily injury as caused by OCWA's negligence arising out ofOCWA's operations of the Facilities.

Limit: $5,000,000 per occurrence.

Deductible: $50,000 for the year 2010; subject to change on an annual basis. '

Contractor's Pollution Liability/Professional Liability Insurance ' Coverage: Professional Liability: To pay on behalf of OCWA sums which OCW A shall

Limit:

become legally obligated to pay as damages.and/or claims expense as a result of claims made first against OCW A, and reported to the insurer, in writing during the policy period, automatic. extended reporting period (60 days), and by reason of any act, error or omission in professional services rendered or

· that should have been rendered by OCW A, or by any person for whose acts errors or omissions OCWA is legally responsible, and arising out of the conduct ofOCWA's profession.

Polluiion iegal liability covering third party property damage and bodily injury and clean 11p costs for pollution <;onditions arising out of the performance of the services provided by OCWA.

$5,000,000 per loss on a Claims Made basis with automatic, extended reporting periods. $5,000,000 aggregate.

Deductible: $100,000 for the year 201 O; subject to change on an annual basis .

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SCHEDULE E- List of Pre-Existing Conditions

As per Paragraph 3.l(e) of this Agreement, the following Pre-existing Conditions have been identified: '

An ultrasonic survey was conducted in 2002 at the Sewage, Treatment Plant (STP) that identified that the aeration tank, clarifier/settling tank and sludge tank are corroding.

Subsequent reports have indicated that the 34 year old tanks are deteriorating to the point that leaks are imminent. The last report ( dated April 18, 2008) states that the tanks have reached the end of their useful life span and complete failure is anticipated in the near future. In addition, the engineering consultant has declared that catastrophic failure of the tanks will occur if the system continues to be used .

It is OCWA's understanding that a contingency plan has be.en developed and accepted by the Ministry of the Environment in the event of a catastrophic failure. Also construction will begin on a new STP in the spring of2010 to be completed in September 2011.

The STP is at its design capacity of 500 m3 /day and frequently exceeds the capacity for daily and monthly averages. A September 2004 Environmental Study Report states that the allowable capacity is only 340 m3/day due to the small surface area of the fioal settling tank .

' •

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Org. # : 1234

~t #: 567891011

: 10/15/200X

OPERATING CHARGES

Salaries & Benefits

Chemicals

Services

Sludge Haulage and Disposal

Supplies and Equipment

Electricity

TOTAL DIRECT COSTS

Management Fee

TOTAL OPERATING CHARGES

•

SCHEDULE F - Format for Financial Reporting

ABC WASTEWATER TREATMENT PLANT Cost Plus Client Report

For the period of January 1, 200X to September 30, 200X

200X 1st 2nd 3rd 4th YTD

Estimate Quarter Quarter Quarter Quarter Budget

98,520 26,874 22,331 24,101 73,890

20,552 5,374 4,466 4,820 15,414

29,129 7,056 7,504 7,262 21,847

0 0 0 0 0

13,018 1,250 2,541 5,065 9,764

0 0 0 0 0

166,45111 41.89~1 38,22~ 1 42.50~ 1 cl I 124,83811

27,009 6,752 6,752 6,752 20,257

193,460 48,648 44,981 49,261 0 145,095

Variance

YTD Favourable/

Actual {Unfavourable}

73,306 584

14,660 754

21,842 5

0 0

8,856 908

0 0

122,63411 2,20~

20,257 0

142,891 2,204

Established 1793 Incorporated Wolford 1850 Merrickvifle 1860 Amalgamated 1998








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receive report FIN-21-2017; and

That Council pass the by-law to adopt the 2017 Landfill Tax Rate.

Carried I Defeated

Mayor: ---------

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www. merrickvil le-wolford .ca [email protected]

Village of Merrickville-Wolford

Report FIN-21-2017 Finance Department

Information Report to Council Date of Council Meeting: October 10, 2017

RE: Landfill Tax Rate

I OBJECTIVE: To adopt 2017 Landfill Tax Rate.

RECOMMENDATION:

THAT: Council receive the report FIN-21-2017 and pass the by-law to adopt the 2017 Landfill Tax Rate.

BACKGROUND:

On April 24, 2017, Council adopted By-law 23-17 that set the 2017 tax rates for municipal purposes. Subsequent to the adoption of the tax rates, the Province has passed regulations that require municipalities to include the new Landfill tax class.

ANALYSIS:

The new tax class is applicable for all municipalities such as ourselves that own a municipal landfill site. The adoption of the tax rate only affects the landfill site owned by the municipality located on County Road 16. For taxation purposes, this is treated as a payment in lieu of taxes and is the equivalent to the commercial tax rate. The portion payable to the County is recorded within the Landfill financial records.


There are no implications to the 2017 municipal budget as the taxable revenue and expense were recognized in the 2017 budget estimates.


The Village of Merrickville-Wolford Strategic Plan 2017-2025, as adopted by Council on January 23, 2017 through the passing of By-Law 10-17, indicates "Ensuring efficient, effective services and civic engagement" as one of its four pillars. By ensuring the Village is compliant with Provincial legislation and doing so in a timely manner, the Village will be an example of good governance which provides effective and efficient services.

Date of Meeting: October 10, 2017 Page 1 of2

Page 1 of2

OPTIONS:

There are no options as this is required by Provincial legislation.

CONCLUSION:

Council adopt the 2017 tax rate for the landfill property tax class.

ATTACHMENTS:


CAO Yes

Clerk Yes

Finance Yes

Building Control & BLEO Department No

Public Works & Environmental Department No

Parks, Recreation & Facilities Department No

Planning Department No

Economic Development Department No

Fire Department No

Other: No

Submitted by: Approved by:

Sheila Kehoe, Manager of Finance - Treasurer


Page 2 of2

Established 1793 Incorporated Wolford 1 850 Merrickville 1860 Amalgamated 1998


Resolution Number: R -


Moved by: Barr Ireland

Seconded by: Barr Ireland

-17




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Be it hereby resolved that: By-Law 36-17, being a by-law to set the 2017 tax rate for

the landfill property tax class for the Village of Merrickville-Wolford, be read a first and

second time, and that By-Law 36-17 be read a third and final time and passed.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception @merrickville-wolford.ca

CORPORATION OF THE VILLAGE OF MERRICKVILLE-WOLFORD BY-LAW NO. 36-17

BEING a by-law to set the tax rate for the Landfill property tax class for local municipal purposes for the year 2017

WHEREAS the Municipal Act 2001, Section 290, as amended, provides that the council of a local municipality shall in each year prepare and adopt estimates of all sums required during the year for the purposes of the municipality;

AND WHEREAS the estimate of all sums which may be required for the lawful purpose of the Corporation of the Village of Merrickville-Wolford and the amounts to be raised by taxation, in accordance with the last revised assessment roll for the year 2017, have been made and presented to the Municipal Council of the said Village and are hereby adopted by the said Council;

AND WHEREAS the Municipal Act 2001, Section 312 (2), as amended, provides that for the purposes of raising the general local municipal levy, the council of the municipality shall, each year, pass a by-law levying a separate tax rate as specified in the by-law, on the assessment in each property class in the local municipality rateable for local municipal purposes;

AND WHEREAS the Corporation of the United Counties of Leeds and Grenville has passed a by-law to set tax ratios and to set tax rate reductions for prescribed property subclasses for the county and local municipal purposes for the year 2017;

AND WHEREAS the Corporation of the United Counties of Leeds and Grenville has passed a by-law to adopt estimates and sums required for the purposes of the upper tier municipality and to provide a levy on area municipalities;

AND WHEREAS an interim levy was made upon all real property before the adoption of the estimates for the current year in accordance with By-law No 23-17;

AND WHEREAS the Province of Ontario has passed Regulations establishing education tax rates for 2017;

NOW THEREFORE the Council of the Corporation of the Village of Merrickville-Wolford does enact as follows:

1. That the Landfill property tax rate be established at 0.01132314; and

2. That any by-laws or parts of by-laws contrary to or inconsistent with this by-law are hereby repealed.

THIS BY-LAW shall be deemed to come into force on the 1st day of January, 2017.

READ a first and second time this 10th day of October, 2017.

READ a third and final time and passed this 10th day of October, 2017.

David Nash, MAYOR

John Regan, CAO/Clerk

Merrickville-Wolford Recreation Advisory Committee

Meeting Minutes

September 12, 2017 Council Chambers

Members Present: Don Halpenny (Chair), Terry Gilhen, Jan Fitzpatrick, Councilor Ireland, Councilor Macinnis Guest: Mayor Nash

Regrets: Mike Cameron, Dave Powers

1. Call to Order at 7:00 p.m. 2. Disclosure of Pecuniary Interest: None 3. Approval/Additions to Agenda -

7:00 p.m.

Moved by Terry Gilhen, Seconded by Jan Fitzpatrick Carried 4. Delegations: none 5. Approval of Previous Minutes: August 1, 2017

a. Amendment needed - Under 6. Strategic Plan Implementation - correct spelling of GANTT chart

b. Approval of Minutes as amended by Terry Gilhen, seconded by Jan Fitzpatrick Carried

6. Business Arising - none at this time 7. Strategic Plan - update

- All the information has been amalgamated and outputs were added to GANTT chart - it is up to each committee to review and determine time lines and budgets for each output - this information will be then forwarded to the Strat Planning Committee

- Remainder of the time was used to determine the time lines and costs estimation -ACTION: Terry Gilhen to enter the data discussed onto the chart for completion of this task

8. Trails Sub Committee: nothing to report at this time 9. Action Items: as above submission of data to the Strat Planning Committee 10. Round Table & New Business

- Volunteer Appreciation Dinner: September 27, 7-9 p.m. at the Merrickville Legion - RSVP to reception at Village Office

- Would like a letter of "thanks" to be sent to Ron Eagle for the improvement to the Beach area

- Request to Council to have a letter written and sent to Ron Eagle for his contribution to the Village Beach

11. Next Meeting: October 3, 2017 Adjournment: moved by Terry Gilhen at 8:20 p.m., Seconded by Jan Fitzpatrick Carried









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this Council moves to "In Camera" at _____ in order to address a matter pertaining to:

___ security of the property of the municipality or local board,

------'personal matters about an identifiable individual, including municipal or local board employees,

___ a proposed or pending acquisition of land for municipal or local board purposes, ___ a proposed or pending possible disposal of municipal or local board land, ___ labour relations or employee negotiations

X litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board,

___ receiving of advice that is subject to solicitor/client privilege, including communications necessary for that purpose,

--~A matter in respect of which a Council, board or local committee or other body may hold a closed meeting under another Act. 2001 c.2S, s.239 {2}

___ the subject matter relates to the consideration of a request under the Municipal Freedom of Information and Protection of Privacy Act if the council, board or commission or other body is the head of an institution for the purposes of that Act. 2001 c. 25,s. 239(3)

___ The meeting is held for the purpose of educating or training the members and is generally regarding .2001 c.25 s. 239(4); 2006 c. 32, Sched. A, s. 103(2) and where no member discusses or deals with any matter in a way that materially advances the business or decision making of the council, local board or committee. 2006 c. 32, Sched A, s. 103(1)

Carried/ Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception @ merrickville-wolford .ca









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the "In Camera" session rise and report, with staff being given direction, and the regular council

session resume at _____ a.m. / p.m.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca reception @ merrickville-wolford .ca









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This regular meeting of the Council of the Corporation of the Village of Merrickville-Wolford

does now adjourn at p.m. J.Jntil the next regular meeting of council on Monday,

October 23, 2017 at 7:00 p.m., or until the call of the Mayor subject to need.

Carried / Defeated

David Nash, Mayor

317 Brock Street West, P.O. Box 340, Merrickville, Ontario KOG 1 NO www.merrickville-wolford.ca [email protected]

l•IC>O$PQ'Mt!d - Merrickville-Wolford€¦ · Christina Conklin, Deputy Clerk Randy Wilkinson,...

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