35 Alice Street, Brighton ON KOK 1H0 Meeting Date: February 20, 2018 Location: Council Chambers Time: 6:30 PM Council Agenda Page 1. Call to Order 2. Approval of Agenda 2.1. Items to add to the agenda. 2.2. Approval of the February 20, 2018 Council agenda. 3. Declarations of Pecuniary Interests and the General Nature Thereof 4. Announcements 5. Adoption of Minutes 5.1. Council meeting minutes February 5, 2018 That Council approve the February 5, 2018 Council meeting minutes as presented or amended. Council Meeting - 05 Feb 2018 - Minutes - Pdf 13 - 23 6. Statutory Public Meeting 7. Delegations 7.1. Mayor to present Lloyd Hutchinson, Fire Chief with recognition award upon his retirement. 7.2. Sergeant Rick Dupuis, Community Street Crime Unit, Organized Crime Enforcement Bureau to make a presentation regarding the implications of the legalization of marijuana on July 1st, 2018.
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35 Alice Street, Brighton ON KOK 1H0
Meeting Date: February 20, 2018
Location: Council Chambers
Time: 6:30 PM
Council Agenda
Page
1. Call to Order
2. Approval of Agenda 2.1. Items to add to the agenda.
2.2. Approval of the February 20, 2018 Council agenda.
3. Declarations of Pecuniary Interests and the General Nature Thereof
4. Announcements
5. Adoption of Minutes 5.1. Council meeting minutes February 5, 2018
That Council approve the February 5, 2018 Council meeting minutes as presented or amended.
Council Meeting - 05 Feb 2018 - Minutes - Pdf
13 - 23
6. Statutory Public Meeting
7. Delegations 7.1. Mayor to present Lloyd Hutchinson, Fire Chief with recognition
award upon his retirement.
7.2. Sergeant Rick Dupuis, Community Street Crime Unit,
Organized Crime Enforcement Bureau to make a presentation regarding the implications of the legalization of marijuana on July 1st, 2018.
Page
Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
7.3. Chris King, Chief Executive Officer, Quinte Economic Development Commission presentation of the 2017 year end report and plans for 2018.
7.4. Matt MacDonald, P.Eng., President, G.D. Jewell Engineering
Inc. to address Council's questions regarding the experience of the firm, and expected timeline of the Stormwater Master Plan Update.
That Council receive delegation from Matt MacDonald, P.Eng., President, G.D. Jewell Engineering Inc. regarding the proposed Stormwater Master Plan Update.
8. Citizen Comments 8.1. Council to receive Citizens comments.
9. Staff Reports 9.1. Finance and Administration Department
January 2018 Accounts Payable Report
That Council receives the January 2018 Accounts Payable Report, in the amount of $1,084,848.71, as paid.
January 2018 Accounts Payable Report - Pdf
24 - 36
9.2. Finance and Administration Department
Codrington Community Association Agreement
That Council receives the Codrington Community Association Agreement Report for information.
Codrington Community Association Agreement Report - Pdf
37 - 41
9.3. Finance and Administration Department
November and December 2017
That Council receives the November and December 2017 Accounts Payable Report, in the amount of $1,741,013.72, as paid.
November and December 2017 Accounts Payable Report -
42 - 70
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
Pdf 9.4. By-law Enforcement
Noise Control By-Law
That Council receives the report dated February 12, 2018, regarding Noise Control ByLaw;
That By-Laws 98-1233 and 24-2010 (Noise within the Township) and By-law 2000-1056 (Noise within the Town) be repealed; and
That Council enacts a new By-Law to regulate and control unwanted noise within the Municipality of Brighton.
Noise Control By-Law - Pdf
71 - 94
9.5. By-law Enforcement
Water Supply By-Law
That Council receive the report dated February 12, 2018, regarding Water Supply Bylaw;
That By-law 274-2004 (Water and Sewer Works in the Municipality of Brighton) be repealed; and
That Council enacts a By-law to regulate the water supply system in the Municipality of Brighton.
Water Supply By-law - Pdf
95 - 126
9.6. Fire Department
Emergency Planning Flooding Report
The council receive the final report from Emergency Planning Committee regarding flooding in the Municipality along the Lake Ontario Shoreline as Information.
Emergency Planning Flooding Report - Pdf
127 - 136
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
9.7. Public Works and Environment Department
2017 Annual Compliance & Summary Report on Brighton's Drinking Water System
That Council receive and approve the 2017 Annual Compliance and summary report on Brighton’s Drinking water system.
2017 Annual Compliance & Summary Report on Brighton's Drinking Water System - Pdf
137 - 160
9.8. Public Works and Environment Department
2018 Health and Safety Policy Statement
That Council receives staff report regarding the 2018 Health and Safety Policy Statement; and
That Council approves the Annual Workplace Health and Safety Policy Statement, authorizes the Mayor and CAO to sign the Workplace Health and Safety Policy Statement and directs staff to post copies of the signed statement in all Municipal facilities.
2018 Health & Safety Policy Statement - Pdf
161 - 163
9.9. Planning & Development Department
Follow-up from February 12, 2018 Council Planning Meeting Presentation from T. Connolly Representing 214 Ontario Street
Building Activity on Adjacent Lands
That Council receive the report "Follow-up from February 12, 2018 Council Planning Meeting Presentation from T. Connolly Representing 214 Ontario Street Building Activity on Adjacent Lands" as information.
Addendum
164 - 166
10. Council Direction Follow Up List 10.1. Council Direction Follow Up List up to February 5, 2018.
2018 COUNCIL Direction Follow Up List REVISED
167 - 176
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
11. Notice of Motions & Motions 11.1. Motion
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
Council directs staff to amend the Procedural Bylaw so that it is clear that the only vote that requires 2/3 majority support of Council is a vote on a motion of reconsideration.
Council directs staff to amend the Procedural Bylaw so that it is clear that the only vote that requires 2/3 majority support of Council is a vote on a motion of reconsideration.
Notice of Motion -Procedural by-law - Martinello_Ostrander
177
11.2. Notice of Motion
Moved by Councillor Martinello
Seconded by Councillor Ostrander
Whereas accountability & transparency are the basis of good governance & required by Ontario law, it is recommended that:
(a) Council appoint at least one councillor to attend (as a non-participant observer only) each & all meetings, related to the Brighton sewage treatment plant, between the MOECC & staff of the Municipality of Brighton;
(b) Council direct staff take detailed minutes of each & all meetings, related to the Brighton sewage treatment plant, between the MOECC & staff of the Municipality of Brighton; and
(c) Council ensure that each & all minutes described at preceding line (b) are made available to all members of Council & the public.
Notice of Motion - MOECC mtg - Martinello_Ostander
178
11.3. Notice of Motion
Moved by: Councillor Martinello
Seconded by: Councillor Ostrander
At 0820, 7 Feb 2018 Councillor Martinello submitted a Notice of Motion to staff. This Notice of Motion sought to ensure council participation in sewage plant EA discussions with the MOECC & to ensure that the public was assured full access to
179 - 180
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
the outcome of these discussions.
At 1035, 7 Feb - prior to the publication of this Notice of Motion in any agenda & prior to any Council debate on the Notice of Motion - staff sought a legal opinion regarding the preceding Notice of Motion.
That same day staff received a legal opinion - known as FID2234690 & directly related to the Notice of Motion - from Mr R Uukkivi of the law company Cassels Brock.
In conformance with the accountability & transparency requirements of the Ontario Municipal Act; and
in order that Brighton taxpayers can better understand how their money is being wasted; and
in an effort to stop the stonewalling & misinformation that have plagued the sewage plant environmental assessment process,
Council directs staff make public the legal opinion known as FID 2234690 & that this legal opinion be published in the minutes of the March 5, 2018 Council mtg.
Notice of Motion - legal opinion - Martinello_Ostander
12. Unfinished Business 12.1. Storm Water Management RFP PW-2017-13
That Council direct staff to immediately release both proposals received by the Municipality of Brighton for RFP PW-2017-13 in an unedited and unabridged form to the Public as specified at the January 8, 2018 Council meeting under section 5.3.
Tony Flemming - legal opinion MFIPPA and SWM RFP
181 - 183
12.2. • Ontario Municipal Board Appeal Costs, letter sent
952849 Ontario Limited from Municipal Solicitor Ewart/O'Dwyer
• Ontario Municipal Board decision letter regarding Request for an Order Awarding Costs.
That in the interest of full disclosure, Council
184 - 193
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
receive the following documents that have been included in the February 20, 2018 agenda for the review of Council and the general public.
Letter from Solicitor OMB costs 2008-002
OMB decision re costs
13. By-Laws 13.1. By-law - Agreement between The Corporation of the
Municipality of Brighton and the Codrington Community Association
That Council gives a By-law its first, second and third reading and finally passes on this date:
Being a By-law to authorize the Mayor and Clerk to execute an agreement between The Corporation of the Municipality of Brighton and the Codrington Community Association for the operation and maintenance of the Codrington Community Centre for a period of two years, commencing on January 1, 2018
By-Law 000-2018 Agreement with Codrington Community Assoc
194
13.2. By-law to regulate and control unwanted noise within the
Municipality of Brighton.
That Council gives a By-law its first, second and third reading and finally passes on this date:
Being a By-Law to Regulate and Control Unwanted Noise within the Municipality of Brighton
By-law 000-2018 Noise control by-law
195 - 199
13.3. By-law to regulate the water supply system in the Municipality
of Brighton.
That Council gives a By-law its first, second and third reading and finally passes on this date:
A By-law to regulate the water supply system
200 - 208
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
in the Municipality of Brighton.
By-law 000-2018 Water Supply By-law 13.4. By-law to appoint Rick Caddick as Fire Chief
That Council gives a By-law its first, second, and third reading and finally passes on this date:
Being a By-law to appoint a Fire Chief for the Corporation of the Municipality of Brighton
By-Law 000-2018 Appoint Rick Caddick Fire Chief
209
14. Reports of Advisory Committees of Council 14.1. • Rural Advisory Committee Meeting Minutes Thursday,
November 16th, 2017 ;
• Community Events and Civic Awards Advisory Committee Meeting Minutes Jan 23, 2018; and
• Community Events and Civic Awards Advisory Committee Meeting Minutes Feb 6, 2018.
That Council receive and approve the following minutes:
• Rural Advisory Committee Meeting Minutes Thursday, November 16th, 2017;
• Community Events and Civic Awards Advisory Committee Meeting Minutes Jan 23, 2018; and
• Community Events and Civic Awards Advisory Committee Meeting Minutes Feb 6, 2018.
20171116 Rural Advisory Minutes
20180123 Community Events MINUTES Jan 23 2017
20180206 Community Events MINUTES
210 - 218
14.2. Resolution from the minutes of the Rural Advisory Committee
ATV’s on Municipal Roadways
• Municipality of Brighton currently does not have a By-Law to permit ATV’s on Municipal roadways.
• In past Committee meetings, it was discussed that a temporary by-law should be considered to determine if a By-Law was created permitting ATV’s on roadways.
Page 7 of 228
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
Resolution No 2017-RA-49
Having heard presentations by the O.P.P. and the Northumberland ATV Club, the Brighton Rural Advisory Committee has no objections to Council passing a By-Law to permit and regulate ATV’s within the Municipality, provided said By-Law applies to the entire Municipality and is compatible with By-Laws of neighbouring Municipalities.
Moved by: Joe Banbury
Seconded by: Sam Hazelwood – All in Favour
That Council refer recommendation from the Rural Advisory Committee to create a By-law to permit and regulate ATV's within the Municipality of Brighton to staff.
15. Reports of Statutory Committees, Boards & External Agencies 15.1. • DBIA December 19, 2017 meeting minutes;
• DBIA Minutes, Annual General Meeting, January 9th, 2018
That Council receive the following minutes for information:
• DBIA December 19, 2017 meeting minutes;
• DBIA Minutes, Annual General Meeting, January 9th, 2018
DBIA Minutes Dec 19, 2017
DBIA Minutes AGM
219 - 223
16. Correspondence 16.1. Ontario Good Roads Association (OGRA) is seeking reforms
to the Municipal Class Environmental Assessment (MCEA) process and requesting support regarding a resolution that calls on the Minister of Environment and Climate Change to accelerate the Application for Review of the MCEA process.
That Council supports or receives the following resolution from Scott Butler, OGRA seeking reforms to the Municipal Class Environmental Assessment (MCEA) process, that calls on the Minister of Environment and Climate Change to accelerate the Application
224 - 226
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
for Review of the MCEA process:
Whereas a coalition of the Municipal Engineers Association (MEA) and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act);
And whereas impact studies and public meetings required by the MCEA process often take two years or more to complete before construction can commence;
And whereas the MCEA requirements to evaluate alternatives are often not well aligned with prior or municipal land use planning decisions;
And whereas analysisby the Residential and Civil Construction Alliance of Ontario (RCCAO) has demonstrated that the time to complete an EA rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500;
And whereas the Auditor General of Ontario has tabled recommendations for modernizing the MCEA process;
And whereas in spite of written commitments made by the Ministry of the Environment between 2013-2015, no action has been taken;
And whereas local projects that do not have the necessary approvals could lose out on the next intake of Build Canada funding;
Therefore be it resolved that Municipality of Brighton requests that the Minister of the Environment and Climate Change take immediate steps to expedite the response
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
process for Part II Orders or Bump-Up requests, as part of the s.61 review to improve MCEA process times and reduce study costs;
And further thattheMinister of the Environment and Climate Change support changes to better integrate and harmonize the MCEA process with processes defined under the Planning Act;
And further that the Minister of the Environment and Climate Change amend the scope of MCEA reports and studies to reduce duplication with existing public processes and decisions made under municipal Official Plans and provincial legislation.
Ontario Good Roads Association 16.2. Mark Penny correspondence regarding no parking on Gross
Street.
That Council receive correspondence from Mark Penny regarding no parking on Gross Street.
Correspondence from Mark Penny
227
16.3. David Green, correspondence regarding Mac's Milk Site (6
Elizabeth Street).
That Council receive correspondence letter from David Green regarding the Mac's Milk Site located at 6 Elizabeth Street, Brighton.
Correspondence from David Green - Mac Milk Site
228
17. FYI Correspondence 17.1. WOR Association (National Wall of Remembrance
Association) correspondence to give thanks for Council's support of the NWRA project.
That Council receive correspondence from WOR Association as information.
WOR Presidents_Letter
229
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Agenda: Municipality of Brighton Council Meeting Tuesday, February 20, 2018
18. Question Period
19. In Camera Session
Deferred from February 5, 2018 Council meeting.
19.1. Pursuant to the Ontario Municipal Act, 2001 as amended
Section 239 (2(b)) personal matters about an identifiable individual, including municipal or local board employee;
• Report from Kalen Ingram, external investigator regarding a disputed matter on Lakeview Lane (private lane);
• Potential applicants to the Heritage Committee; and
• CAO performance review discussion.
That Council resolve itself into Closed Session February, 20, 2018 at ______ p.m. pursuant to the Ontario Municipal Act, 2001 as amended Section 239(2(b)).
That Council rise and report from Closed Session February 20, 2018 at ______ p.m.
20. Confirmatory By-Law 20.1. February 20, 2018 confirmatory by-law.
That Council gives a By-law it’s first, second and third reading and finally passes on this date to confirm the proceedings of the Council of the Municipality of Brighton Council meeting held on February 20, 2018.
21. Adjournment 21.1. February 20, 2018
That the February 20, 2018 Council meeting adjourn at _______ p.m.
Page 11 of 228
Corporation of the Municipality of Brighton
Council Meeting Minutes
February 5, 2018
6:30 PM
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Mark Walas, Councillor Steve Baker, Councillor John Martinello, Deputy Mayor Roger McMurray, Councillor Brian Ostrander, Councillor Mary Tadman, and Councillor Laura Vink
Staff present: Bill Watson, CAO; Lucas Kelly, Manager of Capital Infrastructure; Stephen Ashton, Manager of Planning, Building & Community Development; and, Vicki Kimmett, Deputy Clerk
1. Call to Order 1.1. The meeting was called to order at 6:30 p.m. A quorum
was present.
2. Approval of Agenda 2.1. Items to be added to the agenda Resolution No. 2018-54
Moved by Councillor Mary Tadman
Seconded by Deputy Mayor Roger McMurray
That Council amend the February 5, 2018 Council agenda to remove Matt MacDonald, G. D. Jewell Engineering as a delegate, Matt MacDonald had a death in the family and sent his regrets.
Carried Resolution No. 2018-55
Moved by Councillor Mary Tadman
Seconded by Deputy Mayor Roger McMurray
That Council amends the February 5, 2018 Council agenda to add a By-law authorizing the appointment of a representative on behalf of the Municipality pursuant to the Conservation Authorities Act under Section 13.3.
Carried Resolution No. 2018-56
Moved by Councillor Brian Ostrander
Seconded by Councillor John Martinello
That Council defer 19.1 to the February 20, 2018 Council meeting.
Carried Resolution No. 2018-57
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
That the Harbour Point Detention Pond be added to the agenda as item 11.1, and move 11.2 from Notice of Motion to a Motion.
That Council approve the February 5, 2018 Council agenda as amended.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof
3.1. Mayor Mark Walas declared a pecuniary interest regarding Proctor Park Condo/Lakeside Landing as he is the principle owner of 952849 Ontario Limited should it be discussed.
4. Announcements 4.1. Mayor Mark Walas reminded the public that History
Week was beginning the third weekend in February.
5. Adoption of Minutes 5.1. Council meeting January 15, 2018 minutes for approval. Resolution No. 2018-59
Moved by Councillor Laura Vink
Seconded by Deputy Mayor Roger McMurray
That the January 15, 2018 Council meeting minutes be approved as presented or amended.
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February 05, 2018 Municipality of Brighton
Council Meeting
Carried 5.2. Closed Meeting Session January 15, 2018 meeting
minutes. Resolution No. 2018-60
Moved by Councillor Laura Vink
Seconded by Deputy Mayor Roger McMurray
That the January 15, 2018 Closed Meeting Session minutes be approved as presented or amended.
Carried
6. Statutory Public Meeting
7. Delegations 7.1. Graham Healer, Shawn Pahwa, and Anton Cobzev
representing Gnome Works Inc., regarding the sale of Lot 10 East Brighton Industrial Park to Gnome Works Greenhouses Inc.
Mr. Pahwa and Mr. Cobzev discussed their education and work experience and how it led to the development of Gnomeworks Inc. and gave a brief presentation on future plans.
Resolution No. 2018-61
Moved by Councillor Mary Tadman
Seconded by Councillor Laura Vink
That Council receives delegation from Graham Healer regarding the sale of Lot 10 East Brighton Industrial Park to Gnome Works Greenhouses Inc.
Carried 7.2. This delegation was withdrawn to appear at a later
date.
Matt MacDonald, JD Jewel Engineering to address Council's questions regarding Storm Water Master Plan RFP, in relations the experience of the firm,
7.3. Olivia Sparrow and Camilla Correll, Emmons & Olivier Resources Inc., to address Council's questions regarding the experience of the firm, EOR, and the proposed timeline for Brighton's Stormwater Master Plan Update, and to show Council EOR's commitment to providing the necessary stormwater planning services to the Municipality.
Ms Sparrow and Ms Correll gave a presentation on other projects they have been involved with and how to best integrate a new Stormwater Master Plan with the existing Plan.
Resolution No. 2018-62
Moved by Deputy Mayor Roger McMurray
Seconded by Councillor Mary Tadman
That Council received delegation from Olivia Sparrow and Camilla Correll, EOR regarding the proposed Stormwater Master Plan Update.
Carried
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February 05, 2018 Municipality of Brighton
Council Meeting
8. Citizen Comments 8.1. February 5, 2018 Citizens Comments
• Cheryl Langevin spoke regarding disclosure of the Stormwater Master Plan Proposal with a request to add to the minutes of Monday, February 5, 2018.
Resolution No. 2018-63
Moved by Councillor Mary Tadman
Seconded by Deputy Mayor Roger McMurray
That Council receive Citizens comments from the February 5, 2018 Council meeting.
Carried
9. Staff Reports 9.1. Clerks Department
Blue Dot Declaration Resolution No. 2018-64
That Council at recent meeting considered a Staff Report regarding Blue Dot Declaration - The Right to a Healthy Environment; and That a resolution be presented to Council to endorse the Blue Dot Declaration for the Municipality of Brighton. Resolution No. 2018-65
Moved by Councillor Brian Ostrander
Seconded by Councillor John Martinello
That Council refer to staff item 9.1, to report back to Council on the cost of implementation.
Carried 9.2. Clerks Department
Appointment of Integrity Commissioner and Closed Meeting Investigator
Resolution No. 2018-66
Moved by Councillor John Martinello
Seconded by Deputy Mayor Roger McMurray
That Council of the Municipality of Brighton receive staff report regarding appointment of Integrity Commissioner and Closed Meeting Investigator; and
That Council defer appointment of an Integrity Commissioner and Closed Meeting Investigator until January 2019.
For Against Abstained COI Absent
Councillor Steve Baker
x
Councillor John Martinello (Moved By)
x
Deputy Mayor
x
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February 05, 2018 Municipality of Brighton
Council Meeting
Roger McMurray (Seconded By)
Councillor Brian Ostrander
x
Mayor Mark Walas
x
Councillor Mary Tadman
x
Councillor Laura Vink
x
4 3 0 0 0
CARRIED. 9.3. Public Works and Environment Department
Storm Water Master Plan, RFP PW 2017-13 - Additional Information
Resolution No. 2018-67
Moved by Councillor Brian Ostrander
Seconded by Councillor John Martinello
That Council receives this report as information regarding the Storm Water Master Plan award.
Carried
10. Council Direction Follow Up List 10.1. Council Direction Follow Up List as of February 5, 2018
Mayor Mark Walas declared pecuniary interest and vacated his seat as Chair to refrain from discussion.
Resolution No. 2018-68
Moved by Councillor John Martinello
Seconded by Deputy Mayor Roger McMurray
That Council directs that any letters sent regarding OMB costs and Lakeside Landing recently sent by legal counsel be made public after receiving a legal opinion on solicitor client privilege.
For Against Abstained COI Absent
Councillor John Martinello (Moved By)
x
Deputy Mayor Roger McMurray (Seconded By)
x
Councillor Steve Baker
x
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February 05, 2018 Municipality of Brighton
Council Meeting
Councillor Brian Ostrander
x
Councillor Mary Tadman
x
Councillor Laura Vink
x
Mayor Mark Walas
x
6 0 0 1 0
Mayor Mark Walas reconvened his seat has Chair for further business of council.
CARRIED. Resolution No. 2018-69
Moved by Councillor Brian Ostrander
Seconded by Councillor Mary Tadman
That Council receives the Council Direction Follow Up List for information as amended.
Carried
11. Notice of Motions & Motions 11.1. Motion
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander Resolution No. 2018-70
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
That Council direct staff to clear out all pampas grass from the discharge structure located at the south end of the Harbour Point Stormwater Detention Pond.
Council further directs that all of this work be completed no later than April 15, 2018.
The attached email forms part of this motion.
For Against Abstained COI Absent
Councillor John Martinello (Moved By)
x
Deputy Mayor Roger McMurray
x
Councillor Brian Ostrander (Seconded By)
x
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February 05, 2018 Municipality of Brighton
Council Meeting
Councillor Mary Tadman
x
Mayor Mark Walas
x
Councillor Steve Baker
x
Councillor Laura Vink
x
4 3 0 0 0
CARRIED. 11.2. Motion
Moved by: Councillor John Martinello
Seconded by: Councillor Brian Ostrander Resolution No. 2018-71
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
Whereas the Insurance Bureau of Canada states that "Climate change is causing severe weather events, especially storms involving floods, to happen more frequently and with greater intensity;"
Whereas water damages are now the most common cause of home insurance claims;
Whereas the Brighton residential area south of the railroad tracks is a very highly developed, low-lying, end-of-drainage & flood-prone area;
And Whereas in order to protect Brighton taxpayers' lives & homes from the dangers of flooding;
Now Therefore, Council requests that the Lower Trent Conservation Authority (LTCA) develops a plan - & marks up all removable fallen trees & other obstructions - for the removal of all fallen trees & other obstructions from the section of Butler Creek south of Highway 2.
And Further Council requests that LTCA have this plan completed no later than 30 April 2018.
For Against Abstained COI Absent
Mayor Mark Walas
x
Councillor Steve Baker
x
Councillor John Martinello (Moved By)
x
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February 05, 2018 Municipality of Brighton
Council Meeting
Deputy Mayor Roger McMurray
x
Councillor Brian Ostrander (Seconded By)
x
Councillor Mary Tadman
x
Councillor Laura Vink
x
7 0 0 0 0
CARRIED. 11.3. Notice of Motion
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
Council directs staff to amend the Procedural Bylaw so that it is clear that the only vote that requires 2/3 majority support of Council is a vote on a motion of reconsideration.
12. Unfinished Business 12.1. Storm Water Management RFP PW-2017-13
This matter is on hold until Matt MacDonald, Jewell Engineering addresses Council.
13. By-Laws 13.1. By-law to enter into agreement with Jeffery G.
Wallans Construction Limited. Resolution No. 2018-72
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
That Council gives a By-law its first, second and third reading and finally passes on this date:
Being a By-Law to authorize the Mayor and Clerk to execute an agreement between the Corporation of Municipality of Brighton and Jeffrey G. Wallans Construction Limited for Brighton Administration Building and Library Renovation at 35 Alice St.
Carried 13.2. By-law to appoint two members pursuant to the
That Council gives a by-law its first, second, and third reading and finally passes on this date:
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February 05, 2018 Municipality of Brighton
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A By-law authorizing the appointment of Councillors John Martinello and Mary Tadman on behalf of the Municipality, pursuant to the Conservation Authorities Act.
Carried
14. Reports of Advisory Committees of Council 14.1. Save Our Heritage Organization Committee Meeting
December 14, 2017 minutes Resolution No. 2018-74
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
That Council receive the minutes of the Save Our Heritage Organization meeting December 14, 2017 as presented.
Carried
15. Reports of Statutory Committees, Boards & External Agencies
16. Correspondence 16.1. Brian Patterson, Too Far Too Fast correspondence
requesting Council to pass a motion to prevent the opening of legalized cannabis stores in the community.
Resolution No. 2018-75
Moved by Councillor Brian Ostrander
Seconded by Councillor Steve Baker
That Council receive correspondence from Brian Patterson, Too Far Too Fast regarding request for Council to pass a motion to prevent the opening of legalized cannabis stores in the community.
Carried 16.2. Multiple Sclerosis Society of Canada requesting Council
to proclaim May 10, 11, 12, 2018 as Carnation Days in the Municipality of Brighton.
Resolution No. 2018-76
Moved by Councillor John Martinello
Seconded by Councillor Brian Ostrander
That Council proclaims May 10, 11, 12, 2018 as Carnation Days in the Municipality of Brighton.
Carried
17. FYI Correspondence 17.1. Municipality of Trent Hills Notice of meeting (March 8,
2018 at 6:30 p.m.) to consider enlargement of Lower Trent Region Conservation Area Jurisdiction
Resolution No. 2018-77
Moved by Deputy Mayor Roger McMurray
Seconded by Councillor Mary Tadman
That Council receive Notice of Meeting from the Municipality of Trent Hills to consider enlargement of Lower Trent Region Conservation Authority Jurisdiction as information.
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Carried
18. Question Period 18.1. • Brenda Richardson had questions regarding
stormwater detention ponds
• Greg Lalonde asked if groundwater would be taken into account in the new Stormwater Master Plan
19. In Camera Session
20. Confirmatory By-Law 20.1. February 5, 2018 Resolution No. 2018-78
Moved by Councillor Laura Vink
Seconded by Deputy Mayor Roger McMurray
That Council gives a By-law it’s first, second and third reading and finally passes on this date to confirm the proceedings of the Council of the Municipality of Brighton Council meeting held on February 5, 2018.
Carried
21. Adjournment 21.1. February 5, 2018 Resolution No. 2018-79
Moved by Councillor Mary Tadman
Seconded by Deputy Mayor Roger McMurray
That the February 5, 2018 Council meeting adjourn at 9:01 p.m.
Here is a list of the key points regarding the cleaning of HarborPoint Pond
- Mr. David Fisher of the MOECC gave the town a deadline ofSeptember 2017 to have a maintenance plan in place for thedetention pond
- Mr. Richard Sparham, Gord Fletcher and 3 staff came to look atthe options and discuss what their options were December 2017.This meeting was offered by Mr Spa rham1. Ground too soft for equipment will be back when ground isfrozen to dig out front of catch basin, trim trees and removepampass grass, letters to be sent to residents around the pond toadvise them of equipment coming in if they have any personalitems on town property2. January 2018 Mr Sparham told me that there was no money to
do the above except for the grass and that their was too muchpublic involvement and we should just let them do their job. Healso informed me that no letters had been sent to the residents.
Brenda Richardson
Page 11 of 10Page 23 of 228
Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor and Members of Council
Prepared By: Linda Widdifield, Director of Finance & Administrative Services
Reviewed By: Bill Watson
Department: Finance
Subject/Title: January 2018 Accounts Payable Report
Recommendation:
That Council receives theJanuary 2018 Accounts Payable Report, in the amount of $1,084,848.71, as paid.
Background/Purpose:
Payments that have been included in the 2017 Annual Budget and in advance of the 2018 budget approval are made by cheque to vendors. In anticipation of public interest and to respect the intentions of Bill 130 initiatives for accountability and transparency, the Accounts Payable Report is provided regularly to Council.
Analysis/Comments:
Legal/Legislative:
Financial Implications:
Payments of $1,084,848.71were issued.
Strategic Plan Alignment:
Attachments:
Page 24 of 228
Page 25 of 228
Accounts Payable Jan 2018
Cheque # Vendor Name Document Date Document NumberDocument
AmountTransaction Description
44269 AC Grinding Machine & Tool 28/12/2017 22238 $99.44 sharpening
Prepared By: Linda Widdifield, Director of Finance & Administrative Services
Reviewed By: Bill Watson
Department: Administration
Subject/Title: Codrington Community Association Agreement
Recommendation:
That Council receives the Codrington Community Association Agreement Report for information
Background/Purpose:
The Municipality of Brighton has had a long standing very good relationship with the Codrington Community Association (CCA) who operates and maintains the Codrington Community Centre for the municipality.
Analysis/Comments:
The lease with the CCA expired on July 3, 2017. The CCA wishes to renew the lease for a two-year period with a third year option.
The CCA is a very active group in our municipality who work diligently to fund raise in order to fund the maintenance, general upkeep and operating costs of the centre. The Municipality is responsible for the maintenance, general upkeep and operating costs of the surrounding property, parking lot and playing fields.
Capital expenditures to the Codrington Community Centre building will be the responsibility of the Municipality while upgrades to fixtures and decor will be the responsibility of the CCA.
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Historically, Council has approved an annual payment to the CCA as part of the budget process and in accordance with the agreement. The 2017 funding was paid in accordance with the agreement that was in place at the time that budget was passed.
The Municipality and CCA continued to work under the expired agreement from July 3, 2017 to date and the CCA has requested a one-time payment of $1,000 to compensate them for the contract expiry period.
Additionally, the CCA has requested that the payment in lieu of rent for the library be increased by the Cost of Living for each of the last five years. This would mean an increase from $6,000 annually to $6,431.
Staff and the CCA have discussed the cost of heat and hydro for building; an expense paid by the CCA in the past. Council's consideration is requested to provide a reimbursement of 50% of the cost of the previous year's heat and hydro, resulting in a cost of approximately $4,000 to the Municipality.
The CCA provides a drop-in program, which has been funded by the Municipality at a rate of 50% of the net deficit. It is recommended that the Municipality continue this grant based on 50% of the eligible net deficit for the previous year's program, with a minimum payment of $5,000 annually.
Legal/Legislative:
Financial Implications:
The financial implication of providing changes to the new agreement will be approximately $6,400 in 2018 and $5,400 in 2019.
Strategic Plan Alignment:
Attachments:
Draft Agreement
Page 38 of 228
Agreement
made in quadruplicate
this ____ day of February, 2018
Between: The Corporation of the Municipality of Brighton (also referred to as the Municipality), 35 Alice St.,
Brighton, ON, K0K 1H0,
and Codrington Community Association (also referred to as CCA),
2992 County Rd 30, Codrington, ON, K0K 1R0.
Whereas Codrington Community Centre is legally owned by the Municipality of Brighton;
And whereas Codrington Community Association (CCA) is acting to operate and maintain the Codrington Community Centre;
And whereas, the Council of the Municipality of Brighton and Codrington Community Association are in agreement with this proposal;
Therefore, in consideration as set forth below, the Municipality and CCA agree as follows:
1. Codrington Community Association, is authorized to operate the Community Centre for a period of two years with a one-year extension option, beginning on January 1, 2018.
2. CCA shall be fully responsible for maintenance, general upkeep and operating costs of the building known as Codrington Community Centre.
3. The Municipality shall be fully responsible for the maintenance, general upkeep and operating
costs of the surrounding property, parking lot and playing fields.
4. All insurance coverage for Codrington Community Centre, its contents and the property will be included with the Municipality’s general insurance coverage, with the premiums for such coverage to be paid by the Municipality. The CCA will be responsible for obtaining Commercial Liability insurance and adding the Municipality of Brighton as an additional insured, Tenants Legal Liability insurance, and Board of Directors insurance. Proof of this insurance coverage shall be provided to the Municipal Treasurer annually.
5. Codrington Community Association shall provide an annual financial statement to the Municipal
Treasurer no later than February 28 the following year. Financial records and supporting documents of CCA shall be made available for auditing purposes and to the Municipality if requested.
6. The name of the building shall be Codrington Community Centre.
7. Booking arrangements and use schedules for the centre and the Codrington Community Centre
Shelter shall be the responsibility of CCA, with special consideration for other service or volunteer organizations.
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8. Booking arrangements and use schedules for the sports field shall be the responsibility of Municipal Parks and Recreation. To ensure no incompatible bookings occur (e.g. funeral or wedding reception at same time as a sports tournament), sports field bookings will be discussed with CCA Booking Agent.
9. CCA will receive and review any written complaints relating to operations and will report in
writing directly to the CCA municipal council representative on such matters.
10. This agreement may be renewed for a further 2-year term if agreeable to both parties.
11. The Municipality will support and assist CCA in their efforts to promote and attract bookings and cultural and educational activities at the Community Centre.
12. CCA will keep the building, interior fixtures, appliances and equipment in good condition and
maintain the building in such a way as to bring credit to the community and the Municipality.
13. The Municipality will appoint a member of Council to the Codrington Community Association Board of Directors.
14. CCA will advise the Municipality of Brighton each year of the names of CCA Board of Directors.
15. CCA will maintain separate bank accounts and banking arrangements and appoint appropriate signing officers as required. CCA will not incur any debts on behalf of the Municipality without prior written consent.
16. CCA will provide the Municipal Treasurer with their internal control policy/procedures and will
inform the Municipal Treasurer of any changes to the internal control policy/procedure as soon as approved by the CCA board.
17. In lieu of rent for library space, CCA shall receive from the Municipality of Brighton by June 30
of each year, $6,431. 18. The Municipality shall pay community centre rental at regular rates for social activities
organized by the Municipality. Municipal business or meeting functions will not be charged rental fees. Community Centre availability shall be determined by CCA rental agent.
19. The library board shall be responsible for maintenance and cleaning of their area. 20. The Municipality of Brighton will reimburse the CCA for 50% of the previous year’s net
operational costs of a community Drop-In or $5,000, whichever is greater. Should the Drop-In program be discontinued, the minimum $5,000 shall be pro-rated for the year.
21. The Municipality of Brighton will reimburse the CCA for 50% of the previous year’s costs for
hydro and natural gas. 22. Any capital works required for the Community Centre will be approved by the municipality prior
to the work being undertaken, in accordance with the Municipality’s Purchasing Policy. Municipal staff will manage any quotes, tenders or request for proposals. The funding of the capital works will be paid for by the municipality. Capital Works would include any necessary structural improvements such as electrical and plumbing (not fixtures), roof, walls, doors and windows, well, septic, sub floors, foundation, HVAC, etc.
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23. The CCA and the Codrington Farmers’ Market will provide proof of Liability Insurance and a
Certificate of Insurance naming the Municipality of Brighton as an additional insured on the policy.
24. The Municipality of Brighton and the Codrington Community Association agree that the terms of the previous contract were followed between July 3, 2017 and December 31, 2017. The Municipality of Brighton shall extend a one-time payment of $1,000 to settle the contract extension period.
25. In the event of the dissolution of this agreement, the contents, including equipment of the
Codrington Community Centre become the property of CCA or other organizations, which may have contents on the premises.
26. This agreement shall be binding upon and operate to the benefit of the successors and assigns
of each of the parties hereto.
27. This agreement may be terminated by either party upon 90 days written notice. The parties named have agreed to the above terms, and this agreement shall be in effect from the date of signing.
Municipality of Brighton (Municipality), By: ______________________________________________ Date: ____________________ Mayor Mark Walas By: ______________________________________________ Date: _____________________ CAO Bill Watson Codrington Community Association (CCA), By: ______________________________________________ Date: _______________________ President, Terry Brooks By: ______________________________________________ Date: _______________________ Treasurer, Keith Smith
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Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor and Members of Council
Prepared By: Linda Widdifield, Director of Finance & Administrative Services
Reviewed By: Bill Watson
Department: Finance
Subject/Title: November and December 2017
Recommendation:
That Council receives theNovember and December 2017 Accounts Payable Report, in the amount of $1,741,013.72, as paid.
Background/Purpose:
Payments that have been included in the 2017 Annual Budget are made by cheque to vendors. In anticipation of public interest and to respect the intentions of Bill 130 initiatives for accountability and transparency, the Accounts Payable Report is provided regularly to Council.
Analysis/Comments:
Legal/Legislative:
Financial Implications:
Payments of $1,741,013.72were issued.
Strategic Plan Alignment:
Attachments:
Page 42 of 228
Page 43 of 228
November and December 2017 Payables
Cheque Vendor Name Document Date Document Number Document Amount Transaction Description
43940 849715 Ontario Ltd 09/11/2017 32 $898.35 Window Cleaning Alice St
44160 Zycom Technology Inc. 30/11/2017 IN-59414-01 $337.87 3 yr Vmware Support
$1,741,013.72
Page 27 of 27
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Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor and Members of Council
Prepared By: Allan Magee
Reviewed By: Stephen Ashton
Department: Planning Services
Subject/Title: Noise Control By-Law
Recommendation:
That Council receives the report dated February 12, 2018, regarding Noise Control By-Law;
That By-Laws 98-1233 and 24-2010 (Noise within the Township) and By-law 2000-1056 (Noise within the Town) be repealed;and
That Council enacts a new By-Law to regulate and control unwanted noise within the Municipality of Brighton.
Background/Purpose:
By-Law 98-1233 as amended by By-law 24-2010 was created for regulation of noise within the Township of Brighton (See Attachment #1 & #2). The By-Law predominantly focuses only on noise that is permitted. Noise from emergency vehicles, and construction equipment used by Northumberland County, MTO and the Municipality of Brighton is not regulated. Noise from agricultural equipment is not regulated either. Overall, there are very minimal noise prohibitions in the rural area of the Municipality.
By-Law 2000-1056 (Noise within the Town of Brighton) focuses on prohibiting noise during specific time periods or at any time (See Attachment #3). Examples of prohibiting noise during specific periods include the operation of a lawn mower, operation of any powered or non-powered tools and whistling and singing which are
Page 71 of 228
only allowed during specific hours. Examples of noises that are prohibited include operation of a motorized item without a proper muffler, squealing of tires on a vehicle, persistent barking of a dog, and discharging a firearm. Noise from council-approved parades, emergency vehicles, and equipment for agriculture purposes are exempted from the by-law.
A proposed By-Law to regulate and control noise within the Municipality of Brighton was prepared by Municipal Staff (See Attachment #4). The proposed Noise By-Law regulates and controls unwanted noise within the entire Municipality of Brighton. Unless the type of noise is listed under Exceptions of Section 3 of the By-Law, then all noise is prohibited.
This proposed By-Law was reviewed by the By-Law Review Committee at its September 20th, 2017 meeting. The committee requested two small changes:
1/The wording in Section 3(g) to say “motor vehicle races, parades, processions, races and events for ceremonial, religious or traditional purposes”
2/ The time limits in Section 3.1(J) to be with the changed from of 9 a.m. to 6 p.m. on Sundays
Staff has subsequently updated these sections. The following recommendation to Council was approved by the By-law Committee: “That the Committee recommends that Council approve the Noise Control By-Law, as amended” (See Attachment #5).
Analysis/Comments:
The proposed Noise By-Law regulates and controls unwanted noise within the Municipality of Brighton. Unless a specific type of noise is listed under Exceptions of Section 3 of the By-Law then all noise is prohibited. Other improvements of the proposed by-law include:
• The By-Law helps residents determine when a violation has occurred under the By-Law and provides a form for submitting their complaint to Municipal Staff (See attachment #6).
• Better mediation for achieving compliance of any By-Law violations.
• Residents wishing to be exempt from the By-Law may submit a Temporary Noise By-Law application for Council’s consideration (See Attachment #7).
Staff is recommending the current Noise By-Law 98-1233 as amended by By-law 24-2010 and By-law 2000-1056 be repealed and the proposed By-Law to regulate and control noise in the Municipality of Brighton be approved.
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Legal/Legislative:
The proposed by-law has been reviewed by Crown Council, Ministry of the Solicitor General and are satisfied.
Financial Implications:
Not Applicable
Strategic Plan Alignment:
Not Applicable
Attachments:
Attachment # 1 - By-Law 98-1233 Noise within Township of Brighton
A BY-LAW T0 AMEND BY-LAW NUMBER 98-1233, BEING A BY-LAW TOREGULATE NOISE IN THE FORMER TOWNSHIP OF BRIGHTON
WHEREASpursuant to the provisions of the Municipal Act. R.S.O., 1990, ChapterM 45 Section 210 Subsection 138 provided that municipal Councils of localmunicipalities may pass by laws for prohibiting or regulating, within themunicipality or within any de?ned area or areas thereof, the ringing of bells, theblowing of horns, shouting and unusual noises likely to disturb the inhabitants ofthe municipality
AND WHEREASpursuant Section 129 [a] of the Municipal Act, 2001, as amended,Chapter 25 provides that a local municipality may prohibit and regulate noise andvibration
AND WHEREAS it is deemed advisable to amend By-Law Number 98-1233;
NOW THEREFORE, the Councl of the Corporation of the Municipality of Brightonenacts as follows
1 THAT Section 3(a) of By Law Number 98-1233 is hereby amending bydeleting the words ‘the Township or the Corporation of the County ofNortliuinberland or their workmen, employees, servants, agents,untractors or sub contractors and replacing them with the following:
"the Corporation ofthe Municipality ofBrighton, the Corporation oftheCounty ofNorthumberlond or the Ontario Ministry ofTransportation ortheir workers, employees, servants, agents, consultants, contractors orsubcontractors".
(2) THAT this By-Law shall come into force and take effect on the date ofpassing hereof.
Read a first, second and third time and finally passed this 19”‘ day ufApril, 2010.
L35" J.Frost. CAO/Clrrk
CERTIFIEDTO BEA TRUECOPYANDCORRECFCOPY
OFTHEORIGINAIDOCUMENTWHICHHASNOTBEE}
ALTEKEDINANYWAY Em”,LERKlC|PALlTY OF BRIGHT
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(b) the noise rising from or createdby the siren of an emergency vehicle;
c the noise arising from or createdby a paradeapprovedby Council;
d) the noise arising from or caused by a public outdoor concert or
perfomianceconductedor perfonnedin a municipalparkor other property
ownedandadministeredby the Township of Brighton;
e the noise arising from or causedby a gatheringheld in a publicpark or
recreationalarea administeredby the Corporationof the Township of
Brighton in connectionwith any Municipal,Provincial, Federalelection or
DespiteSection2 of this By-law, the provisions of this By-law shall not apply to
prohibitthe noise arising out of or created by an AgriculturalUse that is being
conductedon lands that are zoned“Agricultural"in the ComprehensiveZoning
By-law then in force in the Corporationof the Township of Brighton.
In the event any court of competent jurisdictionshouldjudge that any sectionor
sectionsof this By-law is or are not valid for any cause.such section or sections
shallbe deemedsevcrablefrom the remainderof the By-law and the remainderof
the By-law shall standand be enforceableto the same extent as if the offending
sectionor sectionshad not been includedherein.
For the purposeof thisBy~law,eachday on whichthe offenceoccursor continues
shall be deemedto be a separate offence.
Every person who contravenes any provisionof this By-law is guilty of an
offenceandupon convictionis liableto a ?ne as providedfor in Section61 of the
ProvincialOffences Act.R.S.O. 1990, c.P-33.as it may be amendedfrom time to
time
This By-lawrepealsBy-lawNumber89-874 for the Corporationof the Township
of Brightonand any andall amendmentsthereto.
READ A FIRST.SECONDANDTHIRD TIME ANDFINALLYPASSED
IN OPEN COUNCILTHIS /75‘:DAY OF ,.DFC(mBE£, ,1998.
REEE
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[ l
THE CORPORATIONOF THE MUNICIPALITYOF BRIGHTON
BY-LAW NO. 024-2010
A BY-LAW T0 AMEND BY-LAW NUMBER 98-1233, BEING A BY-LAW TOREGULATE NOISE IN THE FORMER TOWNSHIP OF BRIGHTON
WHEREASpursuant to the provisions of the Municipal Act. R.S.O., 1990, ChapterM 45 Section 210 Subsection 138 provided that municipal Councils of localmunicipalities may pass by laws for prohibiting or regulating, within themunicipality or within any de?ned area or areas thereof, the ringing of bells, theblowing of horns, shouting and unusual noises likely to disturb the inhabitants ofthe municipality
AND WHEREASpursuant Section 129 [a] of the Municipal Act, 2001, as amended,Chapter 25 provides that a local municipality may prohibit and regulate noise andvibration
AND WHEREAS it is deemed advisable to amend By-Law Number 98-1233;
NOW THEREFORE, the Councl of the Corporation of the Municipality of Brightonenacts as follows
1 THAT Section 3(a) of By Law Number 98-1233 is hereby amending bydeleting the words ‘the Township or the Corporation of the County ofNortliuinberland or their workmen, employees, servants, agents,untractors or sub contractors and replacing them with the following:
"the Corporation ofthe Municipality ofBrighton, the Corporation oftheCounty ofNorthumberlond or the Ontario Ministry ofTransportation ortheir workers, employees, servants, agents, consultants, contractors orsubcontractors".
(2) THAT this By-Law shall come into force and take effect on the date ofpassing hereof.
Read a first, second and third time and finally passed this 19”‘ day ufApril, 2010.
L35" J.Frost. CAO/Clrrk
CERTIFIEDTO BEA TRUECOPYANDCORRECFCOPY
OFTHEORIGINAIDOCUMENTWHICHHASNOTBEE}
ALTEKEDINANYWAY Em”,LERKlC|PALlTY OF BRIGHT
Page 77 of 228
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(b) the noise rising from or createdby the siren of an emergency vehicle;
c the noise arising from or createdby a paradeapprovedby Council;
d) the noise arising from or caused by a public outdoor concert or
perfomianceconductedor perfonnedin a municipalparkor other property
ownedandadministeredby the Township of Brighton;
e the noise arising from or causedby a gatheringheld in a publicpark or
recreationalarea administeredby the Corporationof the Township of
Brighton in connectionwith any Municipal,Provincial, Federalelection or
BEING A BY-LAW TO REGULATE AND CONTROL UNWANTED NOISE WITHIN THE MUNICIPALITY OF BRIGHTON __________________________________________________________________
WHEREAS section 129 of the Municipal Act, 2001 authorizes the council of every local municipality to pass by-laws to regulate and prohibit with respect to noise, AND WHEREAS section 425 of part XIV of the Municipal Act, S.O. 2001, authorizes that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence, AND WHEREAS section 429 of part XIV of the Municipal Act, S.O. 2001, provides that a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act, AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it expedient to pass a by-law for this purpose, NOW THEREFORE the Council of the Corporation of the Municipality of Brighton enacts as follows: SECTION 1 DEFINITIONS In this By-Law: “AGRICULTURAL PROPERTY” means a property that is zoned for agricultural use in the Municipality of Brighton’s Comprehensive Zoning By-Law No. 140-2002, as amended;
“AGRICULTURAL USE” means the growing of crops, including nursery and horticultural crops, the raising of livestock and other animals including poultry or fish for food, or for aquaculture, agro-forestry or maple syrup production and associated on-farm buildings and structures;
“BY-LAW ENFORCEMENT OFFICER” means a person appointed by the Corporation of the Municipality of Brighton for the purpose of enforcing the provisions of this By-Law;
“CONSTRUCTION” includes the erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials made in any form or for any purpose, and includes any work in connection therewith;
“CONSTRUCTION EQUIPMENT” means any equipment or device designed and intended for use in construction or material handling, but not limited to air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other equipment used in construction or material handling;
“EMERGENCY VEHICLE” means a police car, ambulance, fire truck or other vehicle responding to an emergency call pursuant to a statutory duty;
“NOISE” means sound that is unusual or excessive, or that is unwanted by or disturbing to persons; “PERSON” includes a corporation as well as an individual.
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2
SECTION 2.0 PROHIBITION
2.1 No person shall make or permit noise which is likely to disturb the inhabitants of the
Municipality. Section 3.0 EXCEPTIONS 3.1 Despite section 2.1 of this By-law, none of the provisions of this By-law shall apply to
prohibit:
(a) audible traffic signals,
(b) any agricultural use/activity conducted on lands that are zoned ‘Agricultural’ or ‘Rural’ in the Municipality of Brighton’s comprehensive Zoning By-law 140-2002, as amended,
(c) operation of emergency vehicles, including all their components, while in use
pursuant to a statutory duty,
(d) operation of bells, chimes, carillons and clocks in churches and public buildings,
(e) noise arising out of or created by construction or construction equipment operated within the Municipality between the hours or 7:00 am and 9:00 pm from Monday to Saturday, inclusive provided that such equipment is maintained in good working order. No Person shall make or create noise from construction or construction equipment between the prohibited times,
(f) the operation of service vehicles or equipment operated by the Corporation of
the Municipality of Brighton, the Corporation of the County of Northumberland, the Province of Ontario, their workers, employees, agents, consultants, contractors or sub-contractors,
(g) when authorized by the Municipality, motor vehicle races, parades, processions,
races and events for ceremonial, religious or traditional purposes, (h) when authorized by the Municipality, cultural, recreational, educational and
political events in parks and other public places,
(i) noise normally associated with the manufacturing, processing and/or assembly of goods and/or products on lands zoned ‘Commercial’ or ‘Industrial’ in the Municipality of Brighton’s comprehensive Zoning By-law 140-2002, as amended, between the hours of 7 am and 6 pm from Monday to Friday, inclusive. No person shall make noise between the prohibited times,
(j) the operation of power lawnmowers and/or gardening equipment or any
equipment used in the maintenance of property between the hours of 7:00 a.m. and 10:00 p.m. from Monday to Saturday, inclusive and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday provided that such equipment is maintained in good working order. No person shall make noise between the prohibited times,
(k) the operation of snow removal equipment at any time provided that such
equipment is maintained in good working order. SECTION 4.0 TEMPORARY NOISE PERMIT 4.1 Any application for a temporary noise exemption permit may be made to Council. The
application shall be made in writing at least 45 days prior to the commencement of the requested exemption. An application form for a ‘Noise By-law Exemption’ may be obtained by attending at, or contacting the Municipal office at 35 Alice St., P.O. Box 189, Brighton, Ontario, K0K 1H0.
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3
4.2 In determining whether to grant an exemption by the way of a temporary noise permit
Council may:
a) determine whether the applicant has complied with all the terms and conditions
of approval of any previous noise exemption permit issued to the applicant, if any,
b) consider any negative effects the issuance of the temporary noise permit may have on neighbouring properties and/or the Municipality,
c) consider any benefits the issuance of the temporary noise permit may have for
neighbouring properties and/or the Municipality. 4.3 Council may impose conditions on temporary noise permits including but not limited to:
a) the type and volume of sounds that may be made,
b) the times during which sounds may be made,
c) the date of expiry of the temporary noise permit,
d) requiring the posting of security prior to the activity and requiring, at the applicant’s expense, the services of municipal staff or a professional engineer to monitor sound levels resulting from the event or activity and requiring that a report of their findings be filed with the Municipality of Brighton.
e) Every person shall comply with the conditions of a noise exemption permit.
4.4 Should Council conclude that the noise being generated is excessive Council may revoke
the said permit. 4.5 Any temporary noise permit issued under this By-law shall expire on the date set out on
the temporary noise permit, or if no date is specified, the permit shall expire 48 hours after being issued.
4.6 Any breach by the holder of the temporary noise permit of any of its terms or conditions
shall render the temporary noise permit null and void. SECTION 5.0 OFFENCES AND PENALTIES
5.1 Any person who violates any provision of this By-Law is, upon conviction, guilty of an offence and shall be liable to such penalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.p.33. 5.2 Set fines for contravention of this By-law are set out in Schedule ‘A’ of this
By-law. 5.3 For the purposes of this By-Law, each day or part of a day on which the offence occurs
or continues shall be deemed to be a separate offence. SECTION 6.0 VALIDITY 6.1 In the event any Court of competent jurisdiction declares any section or provision of this
By-Law to be invalid, or to be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand and be enforceable to the same extent as if the offending section or provision thereof had not been included herein.
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4
SECTION 7.0 REPEAL AND TRANSITION 7.1 By-Law No. 98-1233, By-Law No. 2000-1056 and By-Law No. 024-2010 are hereby
repealed. SECTION 8. 0 EFFECTIVE DATE 8.1 This By-Law shall come into force and effect upon the date of final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS _______DAY OF _________________ 2017. _______________________________ ______________________________ Mark A. Walas, Mayor Vicki Kimmett, Deputy Clerk
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5
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON By-law no. ____________
SCHEDULE ‘A’ Noise Control
PART 1, PROVINCIAL OFFENCES ACT
ITEM COLUMN 1 Short Form Wording
COLUMN 2 Provision Creating or Defining Offence
COLUMN 3 Set Fine
1 Unlawfully make or permit noise Section 2.1 $200.00
2 Make or permit Noise when prohibited to wit: operating construction equipment during a prohibited time.
Section 3.1(e) $200.00
3 Fail to get authorization for event Section 3.1(g) $200.00
4 Make or permit Noise when prohibited to wit: make manufacturing noise during a prohibited time.
Section 3.1(i) $200.00
5 Make or permit Noise when prohibited to wit: operating property maintenance equipment during a prohibited time.
Section 3.1(j) $200.00
6 Fail to comply with the conditions of a noise exemption permit.
Section 4.3 (e) $175.00
Note: The general penalty provision for the offences listed above is Section 5.1 of By-law ___________ - 2017, a certified copy of which has been filed.
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Public Works and Development
67 Sharp Road Brighton, Ontario K0K 1H0
613-475-1162
Noise Complaint/Incident Forms Schedule “A”
Date: ______________ Resident (Complainant) In order to assist you in resolving your noise complaint it is important that you complete the attached noise complaint and incident forms and file them with the By-law Enforcement Officer. Before completing the forms, please consider the following: Making noise in itself is not illegal. Making noise that disturbs people may be considered illegal provided that there is sufficient evidence to prove that the noise being made is in violation of the Town’s noise control by-law. Before contacting the By-law Enforcement Officer consider that your neighbour may not be aware that noise coming from their property is bothering you. If you have a good relationship with your neighbour, it may be possible to resolve the issue by talking to them about it. Often when a neighbour is made aware of the problem they will take steps to rectify it because they too, like most of us, want to be a good neighbour. In the event the neighbour is not co-operative, then further action may be necessary in which case solid evidence will prove critical in order to get the issue resolved. Because noise happens all around us on a daily bases and tolerance to noise varies considerably, it is important to be able to clearly demonstrate to the person making the noise (and also to a Court in the event charges have to be laid) that the noise being made is disturbing their neighbour(s). Please contact the By-law Enforcement Officer when you have completed the attached Noise Complaint incident form. NOTE: if more than one person in the household is being disturbed, each person must complete their own incident form. If you have any questions please contact the By-law Enforcement Officer at 613-
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Public Works and Development
67 Sharp Road Brighton, Ontario K0K 1H0
613-475-1162
Noise Complaint Form Schedule “A”
Date: ______________
Name (please print):
Address:
Address where noise is coming from:
Describe noise:
Supporting Evidence: Do you have any photos or videos to support your complaint? Yes ____ No ____ Do you have a witness in support of the complaint? Yes ____ No ____ If yes, please provide their name(s) and telephone number: Name: _______________________________ Telephone #: _____________________ Name: _______________________________ Telephone #: _____________________ Name: _______________________________ Telephone #: _____________________
Signature: ___________________________
Note: Please keep track of disturbances by completing the attached incident form. The information provided will be needed in the event the person causing the disturbance does not take steps to remedy the noise problem.
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Public Works and Development
67 Sharp Road Brighton, Ontario K0K 1H0
613-475-1162
Schedule “A” – Temporary Noise Permit Form
1.
Name of applicant:
2. Address of applicant: Phone: Fax:
3. Description of source of sound in respect of which exemption is sought:
4. Statement of the particular provision or provisions of the By-Law from which exemption is sought:
5. Period of time which exemption is sought:
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6. The reason why the exemption should be granted:
7. Date form Completed Applicant Name:__________________________ Signature:_______________________
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Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor and Members of Council
Prepared By: Allan Magee
Reviewed By: Stephen Ashton
Department: Planning Services
Subject/Title: Water Supply By-Law
Recommendation:
That Council receive the report dated February 12, 2018, regarding Water Supply By-law;
That By-law 274-2004 (Water and Sewer Works in the Municipality of Brighton) be repealed;
That Council enacts a By-law to regulate the water supply system in the Municipality of Brighton.
Background/Purpose:
By-law 274-2004 was created for the purpose of enacting rules and regulations for installation, repair, maintenance, and access to the water supply system and appurtenant water meters, sanitary and storm sewer services, and related appurtenances (See Attachment #1). It also gives direction on procedures for overdue accounts. We currently have a policy regarding overdue accounts and there is a conflict between the two documents.
The current by-law does not protect against the tampering and covering of Fire Hydrants and nor provides enhanced enforcement capabilities for Municipal Staff to protect the Municipal water system works.
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By-law Staff, during their on-going review of existing by-laws, determined that By-law 274-2004 needed to be rewritten to address provincial requirements, include an approved provincial fine schedule, and generally update the wording to ensure it is easier to comprehend by the public.
A proposed By-law to regulate the water supply system in the Municipality of Brighton was prepared by municipal staff with input from Finance and the Water Department (See Attachment #2). This proposed by-law was also reviewed by the By-law Review Committee at its September 20, 2017 meeting. There was discussion on the proposed by-law. The committee requested a small change in wording in Section 4.15 with the addition of a minor word which staff has subsequently updated. The following recommendation to Council was approved “That the Committee recommends that Council approve the Water By-law, as amended” (See Attachment #3).
Analysis/Comments:
The proposed Water By-law is an improvement over the current By-law 274-2004. Improvements include:
• Elimination within the by-law of the financial penalties and collections policies to avoid conflict with approved municipal policy and the fees and charges by-law.
• The protection against the tampering and covering of Fire Hydrants
• Enhanced enforcement capabilities for Municipal Staff to protect the Municipal water system works.
• Prescribes penalties for illegal operation of a turn on valve.
• Procedure for purchase and installation of water meters.
• Requirements for cross connections and backflow prevention.
Staff is recommending the current Water Supply By-law 274-2004 be repealed and the proposed by-law to regulate the water supply system in the Municipality of Brighton be approved.
Legal/Legislative:
The proposed by-law has been reviewed by Crown Council, Ministry of the Solicitor General and are satisfied.
Financial Implications:
This by-law will protect the integrity of the municipality’s water supply system.
Page 96 of 228
Strategic Plan Alignment:
Not Applicable
Attachments:
Attachment #1 - By-law 274-2004 (Water and Sewer Works in the Municipality of Brighton)
Attachment #2 – Minutes of the September 20, 2017 By-law Review Committee Meeting
Attachment #3 – Proposed Bylaw to regulate the water supply system in the Municipality of Brighton
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Page 114 of 228
Corporation of the Municipality of Brighton
By-law Review Advisory Committee
Minutes
Council Chambers
September 20, 2017
4:30 PM
Members present: Councillor Brian Ostrander (Chair), Councillor Roger McMurray, Councillor John Martinello, David Roberts, Kerry Boehme, Paul Davis
Staff present: Stephen Ashton, Manager of Planning & Development; Allen Magee, By-law Enforcement; and, Vicki Kimmett, Deputy Clerk
1. Call to Order 1.1. The meeting was called to order at 4:30 p.m. A quorum
was present.
2. Approval of Agenda 2.1. September 20, 2017 Resolution 2017-BL-1
Moved by Kerry Boehme
Seconded by Councillor Roger McMurray
That the Committee approves the agenda for the September 20, 2017 meeting, as presented.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof
4. Approval of the Minutes 4.1. Minutes from December 14, 2016 Resolution 2017-BL-2
Moved by Dave Roberts
Seconded by Councillor Roger McMurray
That the Committee approves the minutes from the December 14, 2016 meeting, as amended.
Carried
5. Delegations
6. Discussion 6.1. Noise By-law
• There are two by-laws that need harmonization: the old Town by-law and Township by-law.
• There are exceptions built into the by-law
• there is a letter of explanation of the process and how it works
• decibel levels can be measured and some places do this
• this by-law is adopting the view that noise at any time that is disturbing another can be dealt with but the burden of proof is on the complainant
Page 115 of 228
September 20, 2017 Municipality of Brighton Committees: By-law
Review Advisory Committee
Resolution 2017-BL-3
Moved by Kerry Boehme
Seconded by Councillor Roger McMurray
That the Committee amend the times that noise levels (due to yardwork and tools) from 9:00 p.m. to 6:00 p.m.
Defeated Resolution 2017-BL-4
Moved by Paul Davis
Seconded by Councillor Roger McMurray
That the Committee recommend that Council approve the Noise By-law, as amended.
Carried 6.2. Purchasing By-law Review Report
• Councillor McMurray distributed a list of comments that he planned to discuss. He also stated that the sheet titled "Procurement By-law Comparison" was illegible due to font size and that if it could not be made legible, it should be excluded.
• Councillor Martinello brought forward the Cobourg Purchasing By-law as an example
• Councillor Martinello believes that the Brighton by-law gives too much control to staff
• There has been no time to review the Cobourg by-law
Resolution 2017-BL-5
Moved by Councillor John Martinello
Seconded by Councillor Roger McMurray
That the Committee defers the Purchasing By-law Policy to the next meeting to give time for the Committee to review the Cobourg by-law.
Carried 6.3. Zoning By-law: RV amendment
• the Whitby by-law was used as a model • the question was raised: does it have to wait until
the Zoning By-law review? • Should it refer to urban residential to include the
hamlets in the rural area? • there is a process to be followed if it is included in
the review • the question was raised: Could the RV amendment
be included in another by-law, for example, Property Standards?
Resolution 2017-BL-6
Moved by Councillor Roger McMurray
Seconded by Councillor John Martinello
That the Committee defer this by-law amendment to the next meeting and to staff for advice on options for other solutions to the RV Amendment and Comprehensive Zoning By-law review.
Carried 6.4. Water Supply By-law
• this is an update to the 2004 by-law • the Committee discussed the updates to the by-law
Resolution 2017-BL-7
Moved by Kerry Boehme
Seconded by Dave Roberts
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September 20, 2017 Municipality of Brighton Committees: By-law
Review Advisory Committee
That the Committee recommends that Council approve the Water By-law, as amended.
Carried
7. Correspondence
8. Next meeting date: 8.1. To be determined for the month of October.
9. Adjournment 9.1. September 20, 2017 Resolution 2017-BL-8
Moved by Councillor John Martinello
Seconded by Kerry Boehme
That this meeting be adjourned
Carried
Councillor Brian Ostrander Vicki Kimmett, Deputy Clerk
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The Corporation of the Municipality of Brighton
By-Law No. XXX-2017
A by-law to regulate the water supply system in the Municipality of Brighton.
Whereas pursuant to Section 11 of the Municipal Act, S.O. 2001, c.25, which provides that a municipality may pass by-laws respecting services including public utilities; And whereas public utilities include a system used to provide water services for the public; And whereas section 429 of part XIV of the Municipal Act, S.O. 2001, c.25, provides that a municipality may establish a system of fines for offences under a By-law of the municipality passed under this Act; And whereas by by-law, the policy of the Municipality of Brighton is to install water meters on all residential, industrial, commercial and institutional establishments located within the Brighton Distribution System limits; And whereas the Ontario Water Resource Act, the Building Code Act, the Municipal Act, and the Public Utilities Act provide for the regulation, maintenance, inspection and management of plumbing and related municipal works; Now, therefore the Council of the Corporation of the Municipality of Brighton enacts as follows: Section 1.0 Definitions 1.1 In this By-law: “AWWA” shall mean the American Water Works Association; “Building” shall mean a structure supplied with potable water by the Municipality of Brighton; “Contractor” shall mean a person, partnership or corporation who contracts to undertake the execution of work commissioned by the property owner or the Municipality to install or maintain mains, private mains, water services, hydrants and other appurtenances; “Cross Connection” shall mean a temporary, permanent or potential water connection that may allow backflow of contaminants, pollutants, infectious agents, other material or substance that will change the water quality in the waterworks distribution system and includes swivel or changeovers devices, removable sections, jumper connections and bypass arrangements; “Disconnection” shall mean the physical discontinuance of the supply of water to a premise by shutting it off at the curb stop or through isolation of the lateral near the main; “Discharge” shall mean, when used as a verb, add, deposit, leak or emit and when used as a noun, includes addition, deposit, emission or leak; “Dwelling” shall mean one or more habitable rooms occupied or capable of being occupied by an individual, individuals or family as an independent and separate housekeeping establishment, with separate kitchen and sanitary facilities provided for
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the use of such individual, individuals or family, with its own private entrance, but does not include a trailer, single-wide mobile home or tent; “Hydrant” shall mean a valve connection on a water supply system having one or more outlets and used to supply fire department pumpers and hoses with water; “Lateral” shall mean a privately or publicly owned piping system that is connected to the waterworks; “Main” shall mean every water pipe installed on the public road allowance or on any other land upon which the Municipality has obtained an easement; “Meter” shall mean a municipal or private meter, register and remote readout unit which are of a type approved by the Municipality; “Municipality” shall mean the Municipality of Brighton; “NFPA” shall mean the National Fire Protection Association; “Occupant” shall mean any lessee, tenant, owner or any person in possession of a premise; “Owner” shall mean the registered owner of the property; “Person” means an individual, association, partnership, corporation, government body or an agent or employee thereof; “Potable Water” shall mean water intended for human consumption, which is free from pollution, harmful organism and impurities; “Private Main” shall mean a pipe installed on private property and connected to the Municipal water distribution system; “Shut-off Valve” shall mean the valve on the Municipality’s water service connection owned and used by the Municipality to shut off or turn on the water supply from the Municipality’s water distribution system to any premises; “Water service connection” shall mean the pipes and fixtures used for the purpose of supplying any premises in the Municipality with water from the Municipality’s water works that is located between the Municipality’s water main in the street and the street property line abutting the premises so supplied; “Waterworks” shall mean the publicly owned water system, including wells, pumps, reservoirs, and pipe distribution network, located on publicly owned land, public, right of ways, and easements with right of public entry and shall include but not be limited to any works for the collection, production, treatment, storage, supply or distribution of water or any part of any such works. Section 2.0 Prohibitions under this By-law 2.1 No person shall be connected to a private service, including a well and/or septic
system, where piped municipal services are readily available or where they could be reasonably extended, as determined by the Municipality.
2.2 No person shall disconnect or allow to be disconnected any premises serviced by
the Municipality’s waterworks system without the express written permission of the Municipality to do so.
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2.3 No person shall connect any pipe or make alterations to any pipe or other appurtenances associated with the Municipality’s waterworks, or in any way obtain or use water by way of the waterworks system without the express written permission of the Municipality to do so.
2.4 No person shall make or permit a connection, either directly or indirectly, between water lines which are part of a private water system and water lines which are part of the Municipality’s waterworks system.
2.5 Every person shall provide clear access to shut-off valves at all times so as to
ensure that water in the water service pipes and private mains may be turned off or on as may be deemed necessary by the Municipality.
2.6 No person shall cause, permit or maintain a shut-off valve in a driveway,
sidewalk or walkway constructed of asphalt, concrete or paving stone.
2.7 No person, other than persons acting under the authority of the Municipality, shall operate the shut-off valve to any premises.
2.8 The owner of the premises that is to be supplied with water shall provide
sufficient heat in order to prevent damage to water meters, pipes and related appurtenances. Any costs related to damage caused to meters, pipes and related appurtenances as a result of the failure to comply with the provisions of this By-law shall be the responsibility of, and paid by, the owner of such premises.
2.9 No person shall prevent, hinder, obstruct or interfere with, or attempt to prevent,
hinder, obstruct or interfere with the Municipality, its officers, contractors, agents, servants or workers while exercising their duties conferred upon them by this By-law.
2.10 No person shall willfully let off or discharge water so that the water runs waste
or useless out of the waterworks. 2.11 No person shall, without the consent of the Municipality, lend, sell, or dispose of
water, give it away, permit it to be taken or carried away for use by or the benefit of another.
2.12 No person shall use any water from the waterworks in a building without a water
meter having been installed to the satisfaction of the Municipality and an active water user account with the Municipality.
Section 3.0 Cross Connections & Back Flow 3.1 No person shall connect, or maintain an existing connection, to any pipe, fixture,
fitting, container or appliance which, under any circumstances, may allow water, waste water, non-potable water, or any other liquid, chemical or substance to enter the waterworks distribution system. The means for ‘protection from contamination’ shall be in accordance with the requirements of the Ontario Building Code Act, 1997, as amended from time to time.
3.2 Any person authorized by the Municipality shall, at all reasonable times, be given
free access to all parts of every building on the premises to which a water service is supplied for the purpose of inspecting, altering or disconnecting any water service, wire, rod or cross connection within the building or elsewhere on the property.
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3.3 Where access is not provided pursuant to section 3.2 of this By-law, a written
notice by the Municipality shall be issued to the owner or occupant of the premises directing that access be provided within seven (7) days from the date of the notice. If access is not provided within this time frame, the Municipality may, at its discretion, shut off the supply of water to the premises until such time as the access is provided.
3.4 If, upon inspection a condition is found to exist which is contrary to section 3.1 of this By-law, the Municipality may issue an order as may be required to obtain compliance with section 3.1 of this By-law.
3.5 Should the person to whom the order, pursuant to section 3.4 of this By-law, has
been issued fail to comply with the order, the Municipality may:
a) shut off the water service or services, or b) give notice to the person so ordered to correct the fault at their expense and to do so within a specified time period. If the notice is not complied with, the Municipality may then shut off the water service or services.
3.6 Notwithstanding sections 3.1, 3.4 and 3.5 of this By-law where, upon receiving
notice that, in the opinion of the Municipality or an approved authority, a risk of possible contamination of the water works distribution system exists, a customer or the person responsible for the property shall forthwith install, at the source of the potential contamination, a cross connection control device approved by the Municipality. The Municipality shall shut off the water service or services to the property in the event the said cross connection control device is not installed to the satisfaction of the Municipality.
Section 4.0 Water Meters 4.1 All water used for other than firefighting purposes or water authorized by the
Municipality for construction or other purposes, shall pass through a meter approved by the Municipality. In addition to other remedies the Municipality may have by law in respect to an infringement of this By-law, the Municipality may without notice, shut off and stop the supply of water to a property upon ascertaining that water has been used which has not passed through a meter.
4.2 The Municipality may shut off or restrict the supply of water to a property if the
Municipality requires access to the property to install, replace, repair or inspect a water meter.
4.3 Before shutting off or restricting the supply of water, other than for emergencies
or for maintenance of the municipal portion of the waterworks system, the Municipality shall:
a) notify by hand delivered notice or by registered mail, the owners and occupants of the affected property of the date upon which the Municipality intends to shut off or restrict the supply of water, and b) in the event access to the property is not obtained before that date, a copy of the notice described in section 4.3 a) shall be posted on the property in a conspicuous place. The Municipality may shut off or restrict the supply of water within seven (7) days after the notice has been posted.
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4.4 Where the Municipality has shut off or restricted the supply of water pursuant
section 4.3 of this By-law, the Municipality shall restore the supply of water as soon as practicable after obtaining access to the property and completion of all work for which access to the property was required.
4.5 All charges for any of the work and services mentioned in section 4 of this By-law
shall be determined by the Municipality and shall be paid in full by the owner or customer as the case may be.
4.6 Every separate dwelling unit, living unit and separate commercial space to which
water is being supplied, shall be furnished with a single water meter supplied by the Municipality unless an exemption from this requirement has been approved by the Municipality.
4.7 Every water meter must be purchased from the Municipality and shall be
installed to conform to Municipal standards. 4.8 Where required by Municipal standards or as deemed necessary by the
Municipality, the property owner shall supply and install a lockable underground chamber to the satisfaction of the Municipality. The underground chamber shall be located on the private side of the property line immediately adjacent to the road allowance and shall house an inlet valve, meter and backflow preventer and an outlet valve, if required. The owner shall be responsible for maintaining the underground chamber.
4.9 The location of a meter shall not be changed by any person except with the
written consent of the Municipality. 4.10 All water flowing to private meters must first pass through the Municipality’s
meter. The Municipality will not supply, install, inspect or read private water meters, nor will the Municipality bill consumption on private water meters.
4.11 The Municipality and person authorized by the Municipality, shall at all
reasonable times be allowed free and clear access to read a meter located in a dwelling unit or elsewhere on the property where water is being supplied. Where such access to the meter is not provided by the owner or occupant within seven (7) days upon written notice by the Municipality having been served, the Municipality may, at its discretion, shut off the supply of water until such time as free and clear access to the water meter is provided.
4.12 Any leak that develops at a meter or its couplings shall be reported immediately
to the Municipality. The Municipality is not liable for any damages caused by such leaks.
4.13 No person, except a person authorized by the Municipality, shall be permitted to
open a water meter or alter the seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of water passing through such meter. Should any person change, tamper with or otherwise interfere, in any way whatsoever, with any water meter placed in any building, dwelling unit or on any property, the Municipality may forthwith and without notice, shut off the water thereto. The water may be restored to such building, dwelling unit or property at the discretion of the Municipality after inspection and resealing.
4.14 If in the opinion of the Municipality, the condition of the water service, or
plumbing system related to a property is such that the meter cannot be safely removed for the purpose of testing, replacing or repair without fear of damage to any of the system’s components, the Municipality may require the owner or
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occupant to take such action as may be deemed necessary to facilitate the testing, replacement or repair of the meter. If upon notification, the owner does not comply with the Municipality’s request, then the water supply to the property may be turned off at the shut-off valve during removal of the meter for testing, replacement or repair and the Municipality shall not be held responsible for any damages to the owner’s property arising from such work.
4.15 If, for any cause, a meter is found not to be working properly, then the amount
of water to be charged for shall be estimated based on the average reading for the 12 months previous.
4.16 A customer may, upon written application to the Municipality, have the water
meter at his or her dwelling unit tested for accuracy of registration. The application shall be accompanied by a deposit of the fee based on the cost for testing by a 3rd party organization. If the testing determines that the meter reads in excess of the actual flow volume, the deposit for the test shall be refunded.
4.17 Water meters shall be tested in accordance with AWWA standards and
procedures, as may be amended from time to time. Testing shall be done by an accredited test facility as determined by the Municipality. Should such test confirm that the meter is found to operate outside of applicable specifications, the Municipality shall estimate the flow volume underage or excess and the customer shall be reimbursed for cost incurred as a result of the malfunctioning meter. The time frame used for the calculation of the estimate shall be limited to the four (4) month period prior to testing.
4.18 Where the water meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the water meter itself and the reading on the read-out device, the Municipality shall consider the reading at the meter to be correct and shall adjust and correct the customer’s account accordingly.
4.19 Where the water meter is equipped with a remote read-out unit of any type, the
occupant of the property shall be responsible for keeping the wire from the meter to the remote read-out unit in good repair and working order. If repairs are performed by Municipal staff, the fee charged for the work will be at the hourly rate as set out in the Water and Wastewater Fees and Charges By-law and the hourly rate will be applied to each hour, including any portion thereof, worked.
Section 5.0 Hydrant Use And Maintenance 5.1 No person, except for certified operators authorized by the Municipality and
personnel of the Brighton Fire Department while in the performance of their duties, shall operate a hydrant.
5.2 Any hydrant situated within the road allowance is the property of the Municipality
and shall be maintained by it. The Municipality shall maintain Municipal owned hydrants located on private property.
5.3 No person shall paint hydrants or tamper with the colour scheme of hydrants
except with the permission of the Municipality to do so. 5.4 No person shall alter, screen or obstruct any fire hydrant with trees, shrubs,
bushes, posts, fences, snow, trash, vehicles, structures or materials of any kind that, in the opinion of the Municipality, would diminish the visibility of the fire hydrant.
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5.5 No person shall, without the prior written authorization of the Municipality, obstruct the free access to any hydrant, or cause or permit vegetation or other objects or material of any kind to be planted or placed neither between the hydrant and the roadway nor, within a 1.5 metre radius beside or behind a hydrant.
5.6 All private hydrants are the responsibility of the property owner and must be
installed and maintained, at the owner’s expense, in compliance with the following:
a) the Ontario Fire Code, b) the Ontario Building Code, and
c) NFPA 24 – Installation of Private Fire Service Mains and their
Appurtenances, as amended from time to time.
5.7 Any water supplied or made available to any land or building for the purposes of protecting property or persons from fire or for preventing fires or the spreading of fires, shall not be used for any other purpose.
Section 6.0 Enforcement And Penalty 6.1 A By-law Enforcement Officer, Chief Building Official, Construction Inspector,
Waste Water Operator, Waste Water Supervisor, Water Operator, Water Supervisor, Road Supervisor, Manager of Public Works and Environmental Services and Manager of Capital Infrastructure may at reasonable times enter upon any premises other than a dwelling house in order to ascertain whether the provisions of this By-Law are being complied with or to enforce this By-law.
6.2 Any person who violates any provision of this By-law is, upon conviction, guilty of
an offence and shall be liable to such penalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.p.33.
6.3 Each day that such offence is committed, or permitted to continue, shall
constitute a separate offence and may be punishable as such. 6.4 Set fines for contravention of this By-law are set out in Schedule “A” of this By-
law. 6.5 A fee will be charged for all worked performed by Municipal staff. The fee charged
as outlined in the Water and Wastewater Fees and Charges By-law. If the work performed is not listed in Schedule “A” of the Water and Wastewater Fees and Charges By-law, then a hourly rate will apply to each hour, including any portion thereof, worked.
Section 7.0 Validity
In the event any Court of competent jurisdiction declares any section or provision of this By-law to be invalid, or to be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand and be enforceable to the same extent as if the offending section or provision thereof had not been included herein. Section 8.0 Repeal That By-law No. 274-2004 is hereby repealed.
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Section 9.0 Effective Date
This By-law shall come into force and effect upon the date of final passing thereof.
Read a first, second and third time and finally passed this ___ day of _________ 2017. ____________________________ ______________________________ Mark A. Walas, Mayor Vicki Kimmett, Deputy Clerk
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Schedule “A” Set Fines
The Corporation of the Municipality of Brighton Part 1, Provincial Offences Act
By-Law No. ________-2017 Water Supply By-Law
ITEM COLUMN 1 Short Form Wording
COLUMN 2 Provision
Creating or Defining Offence
COLUMN 3 Set Fine
1 Unauthorized connection to private services
Section 2.1 $950.00
2 Disconnect premises without written permission
Section 2.2 $950.00
3 Unlawful connection to municipal waterworks
Section 2.3 $950.00
4 Unlawful connection between water lines
Section 2.4 $950.00
5 Shut-off Valve not accessible Section 2.5 $300.00
6 Unlawful location of a shut-off valve Section 2.6 $300.00
7 Unauthorized operation of shut-off valve.
Section 2.7 $200.00
8 Fail to provide sufficient heat to prevent damage
Section 2.8 $300.00
9 Prevent, hinder, obstruct, interfere with Municipality authorized person(s)
Section 2.9 $250.00
10 Wastefully discharge water Section 2.10 $300.00
11 Unlawful use of water for the benefit of another
Section 2.11 $300.00
12 Use water without a water meter Section 2.12 $350.00
13 Unlawful cross connection of water works
Section 3.1 $350.00
14 Tamper with water meter Section 4.13 $300.00
15 Unauthorized operation of a fire hydrant
Section 5.1 $300.00
16 Paint or tamper with colour scheme of fire hydrant
Section 5.3 $400.00
17 Alter, Screen or Obstruct fire hydrant Section 5.4 $350.00
18 Obstruct free access to fire hydrant Section 5.5 $350.00
Note: The general penalty provision for the offences listed above is Section 6.2 of By-law _____ - 2017, a certified copy of which has been filed.
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Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor and Members of Council
Prepared By: Rick Caddick
Reviewed By: Bill Watson
Department: Fire Department
Subject/Title: Emergency Planning Flooding Report
Recommendation:
The council receive the final report from Emergency Planning Committee regarding flooding in the Municipality along the Lake Ontario Shoreline as Information.
Background/Purpose:
This report is intended to update council on the ongoing planning on flooding that could affect the Municipality.
Analysis/Comments:
This report will be an overview of the events that occurred leading up to and during the rising water level of Lake Ontario. In late April and early May of 2017, a combination of heavy spring rains, winter run off and decreased outflows from Lake Ontario all contributed to increasing water levels around the lake. The lake would continue to rise to levels that were unprecedented for over the past 100 years.
At its peak, the lake rose approximately 75 cm over its normal level. This was also
augmented by several storms and high wind events that only served to intensify the threat of rising water levels and cause additional damage to homes and property along the shoreline.
The following are expenses that have been incurred by the Municipality in response to the flooding that occurred. Please be aware that these figures represent what has been
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used thus far, As we are not completely finished this yet it is reasonable to assume there will be further expenses.
Labor Costs:
Public Works Staff $14,500.00
Fire Department Staff $ 5,200.00
Total Wages $19,700.00
Material Costs
Costs of Material and Supplies $36,500.00
Lost Revenue (docks etc) $ 4,500.00
Damage to infrastructure
Ditches, culverts, shoulders, etc $82,000.00
Total Costs to the Municipality $142,700.00
Please remember that this cost does not reflect any of the volunteer hours that were donated by the many residents and Northumberland County Mutual Aid partners that came to assist with the initial sand bagging operations.
As this event concluded, we have learned some very valuable lessons.
We will now keep on hand a minimum of 10,000 Sandbags. Also we must have available an adequate amount of sand to fill those bags.
We will keep on hand an adequate amount of Polyurethane (Plastic) to facilitate the proper building of sand bag dykes. It will become the practice, that senior management will begin to meet at the first indication that a potential event could occur, and mitigation strategies will be put into place to assist residents. We will ensure that timely information is provided to our residents on placement and building of flood barriers to answer their questions and concerns. We will also endeavor to provide assistance in a timely and effective manner. We must however be aware that Municipal staff are not traditionally permitted to operate on Private property so the type of assistance must be carefully evaluated and reviewed prior to municipal staff entering on private property
You will find attached the After Flood report and the new Annex G to the Emergency Plan.
Legal/Legislative:
Financial Implications:
Strategic Plan Alignment:
Attachments:
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Brighton District Fire Department,
20 Elizabeth St., P.O. Box 126, Brighton, ON K0K 1H0 Telephone: 613-475-1744 Fax: 613-475-1385
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Flood Recovery Plan for the Residents affected by
this years high water levels.
The Municipality of Brighton is providing this guideline to our residents to
assist them with the recovery from the abnormally high-water levels that
occurred this year. We want to remind everyone the decision to remove
any flood barriers on private property are at the discretion of the property
owner. We are providing this information to assist our property owners
with disposal and clean-up due to flood damage.
Residents are reminded that even though flood barriers were put in place
by the municipality to assist property owners in a time of crisis, it will be
the responsibility of the property owner to remove them. If you are
physically unable to do this, a phone call to the fire department at 613-475-
1744 will provide you with some volunteers who will assist with this task.
The following are some strategies that have been approved by our
Municipality to assist residents:
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Brighton District Fire Department,
20 Elizabeth St., P.O. Box 126, Brighton, ON K0K 1H0 Telephone: 613-475-1744 Fax: 613-475-1385
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Filled Sand bags
Public Works staff will remove filled sandbags from designated areas with a
loader and dump truck and these filled bags will be taken to the
Northumberland County Land fill to be used as ground cover. Residents
may remove the sandbags from their property when they feel the time is
appropriate and these bags can be brought to the designated pick up areas
where staff can remove them for transportation to our disposal site.
If residents are unable to transport these filled bags to the designated sites,
they can contact the Municipality. These filled bags could be pick up by
Municipal staff at the roadside in front of the affected property. Extreme
circumstances could be evaluated on a case by case basis by the Fire Chief
and/or the Manager of Public Works and Environmental Services.
Emptied Sand Bags
Empty bags can be brought to 67 Sharp Road where the Municipality has
provided a dumpster bin for people to deposit empty bags. The dumpster is
available 24 hours per day. We encourage residents to bring them in, but
again if there is a circumstance where this is not possible a municipal truck
and staff could come by and pick them up at the roadside in-front of the
resident’s property. Much the same as garbage collection.
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Brighton District Fire Department,
20 Elizabeth St., P.O. Box 126, Brighton, ON K0K 1H0 Telephone: 613-475-1744 Fax: 613-475-1385
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Removal of Debris from flood damage.
We will arrange for pick-up debris left in front of the affected property. We
will also make arrangements with the County disposal site for acceptance
of this debris. Residents could also call Brighton Public Works to arrange for
pick up.
Property Damage Recovery and Replacement and Potential Future
Mitigation
Moving forward in the aftermath of this event, we anticipate that there will
be many claims of property, building and contents damage as result of the
flooding.
We as a Municipality have moved our concerns and projected estimates on
to the Province in hopes of moving this funding model forward to include
municipalities and residents.
In addition, we have asked that Federal and Provincial representatives
meet with our Mayor, senior staff, representatives of the Lower Trent
Conservation Authority to tour the lakeshore area. We would like to view
the damage, property loss and the effects on future flooding and damage
risks to determine a coordinated approach dealing with this over the long
term.
If there are any concerns please feel free to contact the Fire Department at
613-475-1744, or Brighton Public Works at 613-475-1162 for assistance.
Municipality of Brighton Fire Department and Public Works
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Brighton District Fire Department,
20 Elizabeth St., P.O. Box 126, Brighton, ON K0K 1H0 Telephone: 613-475-1744 Fax: 613-475-1385
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Municipality of Brighton Emergency Response Plan January 24 2018
ANNEX “G” Flooding Response
The purpose of this annex will be to outline the municipal response in the event of rising water
levels on Lake Ontario or any other water way affecting the Municipality of Brighton.
Initial Monitoring and Response:
Water levels will be monitored by Public Works, Fire Department and CAO office.
Upon verification of increased water levels, an initial meeting will be held with the
CEMC or Alternate, Manager of Public Works and Infrastructure, Fire Chief, CAO,
Mayor and any other agency that could be assistance at the direction of the Chair.
This group will discuss potential areas that will be affected and the extent of the possible
property loss or damage.
They will also take into consideration the potential of impact on primary family
dwellings and what actions should be taken to protect these buildings.
Public information and Press Releases will be developed and distributed by this group,
any information coming back will be disseminated by this same group.
This group will then report to the Emergency Planning Committee their findings and
possible actions that might be taken.
Areas that have a history of flooding
Greenway Circle
Lakehurst Cres.
Presquile Point
Harbour Street Area
Gosport
Shoal Point
Stoney Point
Willow Lane
Possible Actions to be considered
Distribution of Information on Flooding procedures
Distribution of Sand, Sand Bags and Poly film to effected areas.
Education and assistance to property owners of sand bag diking procedures (Attached to
this Annex)
Possible municipal staff involvement with the sand bagging process
Possible Fire Department and County assistance with sandbagging efforts
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Distribution and placement of Pumps and hoses to assist property owners with water
displacement.
Possible use of public volunteers to assist with the sandbagging process.
Relocation of Residents
Once it is determined that residents will have to be relocated, full activation of the
Community Control Group will take place.
The CCG will convene a meeting to discuss and implement evacuation processes
The CCG will decide when an Emergency will be declared and what actions will be taken
from this point forward.
Once an Emergency has been declared, Evacuations shelters can be set up in cooperation
with the County of Northumberland and Red Cross.
Once an Emergency has been declared, Volunteer registration can take place and larger
groups can be dispatched to assist those in desperate need.
Other Considerations (Once Emergency has been declared)
The CCG will give updates through the Mayor and CAO office to all of Council
The CCG and Incident Command must ensure that any assistance by other community
groups will be coordinated through the volunteer registration system
The municipality will assume all liability for workplace incidents for Volunteers and
Municipal Staff.
Northumberland County and other partners will be available to provide guidance and
assistance during these events
All municipal assets will be considered for usage during this event
The CCG will ensure continuity of operations for the rest of the Municipality.
Recovery and Clean-Up
Arrangements for Disposal of Sandbags and sand should be made with the County of
Northumberland land fill.
Possible drop off points for pick up of sand bags and flood damaged material.
Coordinate any assistance for those who require it.
Distribute Information on Well and Septic considerations after a flood.
Provide timely information on possible funding options (Red Cross Etc.)
Coordinate return of all municipal equipment and ensure its readiness for another event.
Page 135 of 228
Provide a full accounting of all expenses for the Municipality to the Province for possible
funding.
Any and all Municipal infrastructure must be examined and any damage reported.
Although this is a high level overview, individual situations will be reviewed and deviations
from the official plan may be required. This will be at the discretion of the CCG.
Sandbag Filling and Placement
Page 136 of 228
Municipality of Brighton
Council Meeting
Council Date: 20 Feb 2018
To: Mayor Walas and Members of Council
Prepared By: Richard Sparham
Reviewed By: Bill Watson
Department: Public Works & Development
Subject/Title: 2017 Annual Compliance & Summary Report on Brighton's Drinking Water System
Recommendation:
That Council receive and approve the 2017 Annual Compliance and summary report on Brighton’s Drinking water system.
Background/Purpose:
The Municipality is obligated under various legislation to report annually on the state of the drinking water system and summarize the statistics covering the period from January 1, 2017 to December 31, 2017.
Analysis/Comments:
The attached report talks about our system, activities and consumption characteristics as well as detailing our efforts and effectiveness around compliance issues. The municipal drink water system is fully complaint in terms of water quality and water quality systems in 2017.
There was one issue of non-compliance experienced in 2017 based on a test for Haloacetic Acid . Haloacetic acids (HAA) are a type of chlorination disinfection by-product that are formed when the chlorine used to disinfect drinking water reacts with naturally occurring organic matter in water. The testing parameters for HAA's are new in 2017.
Page 137 of 228
A state of non-compliance was issued when staff mistakenly missed a water sample testing for HAA in the 3rd quarter of 2017. The error was immediately reported to the MOECC. As directed by the MOECC, and as part of due diligence, staff completed two tests for HAA's in the 4th quarter thereby correcting the issue and resolving the state of non-compliance.
Legal/Legislative:
Financial Implications:
The report identifies no issues with significant financial implications at this point, we are continuing to review our delivery model and will be conducting some internal review and training to ensure that our processes and procedures remain both fully compliant and financially efficient.
Strategic Plan Alignment:
The delivery of clean drinking water has always been a priority of this and other municipalities.
Attachments:
2017 Annual Compliance Report for Brighton Drinking Water.pdf
Subject/Title: 2018 Health and Safety Policy Statement
Recommendation:
That Council approves the Annual Workplace Health and Safety Policy Statement, authorizes the Mayor and CAO to sign the Workplace Health and Safety Policy Statement and directs staff to post copies of the signed statement in all Municipal facilities.
Background/Purpose:
Under the Occupational Health and Safety Act, an employer must prepare and review, at least annually, a written occupational health and safety policy.
Analysis/Comments:
Legal/Legislative:
Financial Implications:
Strategic Plan Alignment:
Attachments:
2018 Health and Corporate Safety Policy Statement
Page 161 of 228
Page 162 of 228
Health and Safety Corporate Policy Statement
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON is committed to protecting its’ employees from work-related injuries and illness and will take every reasonable precaution to
fulfill this commitment. As the governing body of the Corporation of the Municipality of Brighton, the Mayor and
Members of Council will provide leadership and support for the health and safety program. We believe that an effective health and safety program is important not only to keep our employees
safe and healthy and to meet legislative requirements, but also to reduce the costs associated with accidental injuries and property damage. To this end, we are committed to being active participants in the program and providing the necessary resources to ensure its continued
effectiveness.
We believe that most accidents are “Preventable”. By providing a safe and sound approach in the workplace for our employees we believe that obtaining a standard of excellence is possible. Our workers with the support of the senior management will be able to achieve the goals of this
policy.
All Management staff, from the CAO to the Supervisor on the job are responsible for ensuring that instructions and safety are followed in the workplace. By example, senior management in the performance of their daily work and safety will make employees more self aware of possible
hazards with the use of proper procedures to control possible harmful situations, including those who perform work for the Corporation of the Municipality of Brighton under contract.
Workers play a major role in the Health and Safety programs by their participation on Safety Committees. The reporting of hazards and safe and proper use of equipment is not only
expected but necessary. Staff must continually be aware and able to take precautions when needed. The Corporation of the Municipality of Brighton’s employees at every level of the
organization are expected to work in compliance with Safety Standards set forth in the Ministry of Labour Occupational Health and Safety Act. Failure to comply will result in the appropriate
disciplinary action.
“We believe that regardless of the type of job or service being performed, the health
and safety of employees must always be the primary goal and consideration.”
“Working Together To Get Everyone Home Safe”
__________________ ____________________ Mark Walas, Mayor Bill Watson, CAO February 20, 2018 February 20, 2018
FROM: Stephen Ashton,Manager of Planning, Building & Community Development
SUBJECT: Follow-up from February 12, 2018 Council Planning MeetingPresentation from T. Conolly Representing 214 Ontario StreetBuilding Activity on Adjacent Lands
DATE: 20 February 2018
At the February 12, 2018 Council Planning Meeting, Municipal Council requestedinformation concerning building activity on lands along Raglan Street West andadjacent to 214 Ontario Street. Specifically, the dwellings under construction at 311and 313 Raglan Street issued through Building Permits 2017-239 and 217-240respectively.
Attached to this memo is correspondence dated February 5, 2018 from themunicipality’s solicitor to the owner of 214 Ontario Street confirming that no action willbe taken by the municipality with respect to cessation of construction on the propertiesadjacent to 214 Ontario Street and fronting onto Raglan Street West “as suchconstruction is compliant not only with the provisions of the Building Code Act,Sections 8(1) and (2) but the provisions of Section 34 of the Planning Act, R.S.O.1990, c.P13.”
Stepher Ashton, Manager of Planning, Building and Community Development
cc: Bill Watson, CADRick Jones, CAO
Page 164 of 228
O’DWYER
Barristers and Solicitors
February 5, 2018
Cindergiris Inc.214 Ontario StreetBrighton, ON, KOK 1HO
Attention: Ms. Dome Wils
Dear Ms. Wils:
Re: 214 Ontario Street - Municipality of Brighton — Building Code Act, S.O. 1992Construction on Adjacent LandsOur File No.: 1744-022
As you are aware, we are the solicitors for the Corporation of the Municipality of Brightonwith respect to the above matter.
At this time, it is the writer’s understanding that concth-ns have been expressed by yourcompany with respect to construction upon those lands adjacent to 214 Ontario Street,owned by Cindergirls Inc.
Although it is unclear as to the nature of the concerns being expressed through your agentMr. Conolly, the purpose of this letter is to advise that such construction is being carriedout with the knowledge of the Municipality and in accordance with the provisions of theBuilding Code Act.
As you may be aware, any construction carried out pursuant to Section 8(2) of the BuildingCode Act must comply with any and all applicable law. Any and all applicable law wouldinclude compliance with the Comprehensive Zoning By-law for the Municipality ofBrighton.
To this end, I confirm that the Municipality, by passage of By-law No. 098-2016, amendedcertain lands adjacent to 214 Ontario Street to allow for the construction referenced above.
EWART
311 George Street North, Suite 103, Pete rhoro ugh, ON 1(9] 3H3 Tel: (7053 874-0404 — Fax: (705) 874-1165 wv,nw.ewartoduyer.comM,John Ewart Certified by the Law Society as a Specialist in Municipal Law -Local Government/Land Use Planning and Development
Page 165 of 228
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Accordingly, please regard this letter as formal notice to yourself that no steps will be takenby the Municipality with respect to the cessation of construction upon those lands adjacentto 214 Ontario Street as such construction is compliant not only with the provisions of theBuilding Code Act, Sections 8(1) and (2) but the provisions of Section 34 of the Planning Act,R.S.O. 1990, c.P13.
I trust the above sets out our client’s position in this matter.
Very truly yours,
EWART O’DWYER
.John wart/sfortincc: client
Page 166 of 228
Municipality of Brighton Council Direction Follow Up List
Up to February 5, 2018
Checked items are complete
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
2016-145
2017-291
February 17/16
May 8, 2017
That Council directs staff to monitor Lakeside Landing, Fill, adjacent ponding, run off OMB Appeal – Lakeside Landing
That Council authorize staff to engage John Ewart to act on behalf of the municipality regarding an OMB appeal of recent council decision. That council authorize the CAO to investigate Engineering consultants who may offer expert testimony on the municipality's
behalf regarding this same application.
No current filling, ponding or run off
Waiting on date from OMB regarding hearing.
OMB hearing date March 19, 2018
2016-476 May 16/16 That Council directed staff to prepare a report on the feasibility of establishing specific fees for impact of stormwater on the municipality from developments with large hard surfaced areas and/or flat roof buildings and other potential new development in the community.
Report to Council in Nov
2016-627 August 15/16
Council receives the information from Anna Szurgot (The Blue House), Todd & Darcy Arthur (Lola’s) & Chris Windebanks (citizen) concerning changes on Main Street and refers the matter to staff for a report.
Staff waiting on a traffic/pedestrian study
Page 167 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 2 of 10
2016-642 August 15/16
Council directs staff to proceed with the public process of stopping up and closing Lawson Settlement road.
Public Mtg scheduled for Dec 18, 2017
2016-843 November 7/16
That Council approves the correspondence from Mr. Emery; and, Refers the matter to staff. (Regarding a by-law)
Policy is being created
2016-880 November 21/16
That Council refers the motion (re policy to address public complaints) to staff for a report regarding communication of the policy and resolution of complaints by February, 2017.
Staff is preparing a report and policy
2017-284 May 1, 2017
That Council refer the correspondence letter pertaining to Presqu’ile Accessibility Boardwalk to staff; and THAT staff bring a report to the next scheduled Council meeting May 15, 2017.
Delayed due to ongoing high water levels
The matter was discussed at the October Accessibility Advisory Committee meeting.
And is included in the 2018 goals of the committee.
2017-295 May 8, 2017
That Council direct Planning Staff to prepare a revised Terms of Reference for the Brighton Economic Development Committee
(BEDC) based upon report May 8, 2017.
Framework for the Committee established through Council Planning Report dated May 8, 2017. Final Report expected in Fall 2017.
2017-300 May 8, 2017
That Council refer correspondence letter from Bob Blair concerning Huff Road; and
That Council direct staff to prepare a report to Council regarding any historical information pertaining to the drainage issue on Huff Road with staff’s recommendation of
drainage solution.
Staff is still investigating
Report will be coming to Council December 2017
2017-301 May 8, 2017
That Council direct staff to institute sediment and erosion controls on lands being
developed.
Staff will be implementing a Preliminary Development Agreement Requirement as part of a complete application for new applications
Page 168 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 3 of 10
for site plans and draft plans of subdivisions. This will be part of an overall update of our planning applications which is tentatively scheduled for Fall 2017.
Staff report for November meeting.
2017-323 May 15, 2017
That Council direct staff to seek legal counsel to ensure that silt & erosion control systems are installed at all development lands, including in the area of Fox Den, Lance, & Raglan Streets; and, further, that the developer be directed to have these silt & erosion control systems installed no later than 15 June, 2017.
Temporary silt & erosion control systems installed in advance of applicant entering into phasing plan and pre-servicing agreements.
2017-325 May 15, 2017
That Council direct staff to deploy municipal staff to assist with the flooding situation in the Municipality of Brighton; and, that there be a comprehensive plan in place for the protection of all citizens from the rising floodwaters no later than the end of May 16,
2017.
Public Flood Strategies have been provided by public media release, handouts distributed, posted at both municipal offices, and on municipal website.
Municipal Affairs of Housing Kent Fitzhugh presentation to overview both municipal and private disaster assistance programs scheduled for Aug 21, 2017 Council meeting.
Staff report January meeting, was presented to the Emergency Planning Committee waiting on approval meeting minutes.
2017-326 May 15, 2017
That Council directs staff to get quotes to update the Genivar Stormwater Management
Plan.
Council direct CAO to review RFP
RFP advertised and closing Dec 7, 2017
Page 169 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 4 of 10
2017-579 Aug 21, 2017
That Council direct staff to provide report regarding traffic issues in the Applewood Drive and Stevens Crescent neighbourhood; and That that this motion be added to the Council Direction Follow Up List.
2017-581 Aug 21, 2017
That Council direct staff to review the Policy Statement provided by Council; and That staff bring back to Council for review and approval by the end of October, 2017.
Staff reviewing policy; preparing report
2017-652 Sept 5, 2017
That Council receives Sylvia Reddom correspondence dated August 22, 2017 regarding Sewage treatment works, ongoing maintenance of existing works and EA
process; and
That Council refer to staff and a response be
circulated to council.
Staff reviewing
2017-720 Oct 2, 2017 That Council refer delegation from Nicole Valiquette at the October 2, 2017 meeting to staff for a report. (parking issue and to investigate the probability of adding Chapel
Street to the traffic study)
2017-728 Oct 2, 2017 That Council direct the Deputy Clerk to engage an external investigator to resolve
Has been appointed
Under review
Page 170 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 5 of 10
the disputed matters on Lakeview Land from Spring 2016 to present or beyond.
2017-866 Nov 20/17 That Council defer motion 11.1 until Council has received proposals for storm water management Request for Proposal.
11.1Notice of Motion
That Council direct staff to ensure that mapping of the depth of water (from free water surface to point of first contact with bottom mud) in all Brighton stormwater detention ponds is completed no later than
end-November 2017.
RFP closes Dec 7, 2017
2017-871 Nov 20/17 That Council refer email correspondence item from Brenda Richardson to staff for
clarification of issues raised.
2017-896 Dec 4/17 That Council receive presentation from Pamela Vanderburg, regarding David Suzuki, Ecojustice Blue Dot Movement and referred to staff for report.
2017-904 Dec 4/17 Council directs staff to ensure that all parts of all agendas are printed in accordance with AODA regulations no later than end of December 2017.
Staff has directed iCompass to change templates, the ticket order has been placed.
2017-907 Dec 4/17 14.1By-law to regulate and control noise within the Municipality of Brighton
Page 171 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 6 of 10
14.2By-law to regulate the water supply system in the Municipality of Brighton
That Council defer both By-laws under section 14.1 and 14.2 back to staff to provide highlights for the changed areas of the repealed by-laws
2017-930 Dec 11/17 That Council receives the report Tackaberry East Development as information, and refer back to staff for a future report.
(reference to Hough, 91 Pinnacle St)
2017-931 Dec 11/17 That Council direct staff to contact MOECC, J.L. Richards, GSS Engineering to discuss avenues to build a mechanical treatment plant within Schedule B and deal with the ammonia exceedances, and to report back to Council the first meeting in February.
2017-952 Dec 18/17 That Council receives the Report dated December 18, 2017 regarding Proposed Closure of Lawson Settlement Road at the rail as information; and
That Staff report back with recommendations once agency and public comments and submissions have been received and reviewed.
2017-955 Dec 18/17 That Council receives delegation from David Sheppard, Northumberland ATV Riders Club regarding ATV Road Use By-law; and
Page 172 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 7 of 10
That this request be referred to the Rural Advisory Committee for review.
2017-960 Dec 18/17 That Council direct staff to prepare a report about the ongoing investigation into the operations of the Brighton Sewage Plant; and
That this report be presented to the Council no later than the last Council meeting in January 2018; and
That the Municipal Solicitor be asked to meet with Council to discuss the investigation to date.
2018-33
2018-34
Jan 15/18 That Council receive RFP 2017-13 proposals that were received by staff and that they be made available to the public.
That Council receives staff report regarding Storm Water Master Plan RFP; and
That Council refer to staff for further information regarding the proponent’s clarification of completion timeline for project at hand and list of accomplished Storm Water projects, and report back to Council.
2018-36 Jan 15/18 That Council direct staff to make the Non Union Agreement and the Union Collective Agreement available to the public.
2018-42 Jan 15/18 That Council supports the recommendation of the By-law Review Advisory Committee to accept the delegation's report and refer the three matters to staff to bring a report back to Council.
Page 173 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 8 of 10
(1. If someone reports an issue, what happens? Why is there no response to the complainant?
2. Fire by-law: how often can a person burn with a permit? Does the Municipality really want open fire burning in the urban area without limits established?
3. Parking by-law: how are complaints resolved?)
2018-43 Jan 15/18 That Council refer to Purchasing By-law back to staff to revise the Municipality of Brighton Purchasing By-law to reflect Town of Cobourg's by-law and to meet Brighton's spending limits and report back to Council.
2018-44 Jan 15/18 That Council receive or supports the recommendation from the Physician Recruitment & Retention Advisory Committee to expand the footprint of the facility; and
That Council refers to staff for a report on expansion of the existing building or future accommodation for primary Healthcare providers.
2018-65 Feb 5/18 That Council refer to staff item 9.1, to report back to Council on the cost of implementation.
Blue Dot Declaration - The Right to a Healthy Environment
Page 174 of 228
Resolution Date of Meeting
Council Resolution Actions to Date Complete √
Council Direction Follow Up List Page 9 of 10
2018-66 Feb 5/18 That Council of the Municipality of Brighton receive staff report regarding appointment of Integrity Commissioner and Closed Meeting Investigator; and
That Council defer appointment of an Integrity Commissioner and Closed Meeting Investigator until January 2019.
2018-68 Feb 5/18 That Council directs that any letters sent regarding OMB costs and Lakeside Landing recently sent by legal counsel be made public after receiving a legal opinion on solicitor client privilege.
2018-70 Feb 5/18 That Council direct staff to clear out all pampas grass from the discharge structure located at the south end of the Harbour Point Stormwater Detention Pond.
Council further directs that all of this work be completed no later than April 15, 2018.
Whereas the Insurance Bureau of Canada states that "Climate change is causing severe weather events, especially storms involving floods, to happen more frequently and with greater intensity;"
Whereas water damages are now the most common cause of home insurance claims;
Whereas the Brighton residential area south of the railroad tracks is a very highly
And Whereas in order to protect Brighton taxpayers' lives & homes from the dangers of flooding;
Now Therefore, Council requests that the Lower Trent Conservation Authority (LTCA) develops a plan - & marks up all removable fallen trees & other obstructions - for the removal of all fallen trees & other obstructions from the section of Butler Creek south of Highway 2.
And Further Council requests that LTCA have this plan completed no later than 30 April 2018.
Page 176 of 228
Date: February 5, 2018 Notice of Motion
Moved By: Councillor Martinello
Seconded By: Councillor Ostrander
Council directs staff to amend the Procedural Bylaw so that it is clear that the only vote that requires 2/3 majority support of Council is a vote on a motion of reconsideration.
Carried OR Defeated Mayor
Recorded Vote For Clerks Use Only
Recorded vote called by:
For Against Abstain Absent COI
Mayor Mark Walas
Councillor Steven Baker
Councillor John Martinello
Councillor Roger McMurray
Councillor Brian Ostrander
Councillor Mary Tadman
Councillor Laura Vink
Total
Carried Defeated Clerk's Initials
Page 177 of 228
Date: Feb 20, 2018 Notice of Motion
Moved By: Councillor Martinello
Seconded By: Councillor Ostrander
Whereas accountability & transparency are the basis of good governance & required by Ontario law, it is recommended that:
(a) Council appoint at least one councillor to attend (as a non-participant observer only) each & all meetings, related to the Brighton sewage treatment plant, between the MOECC & staff of the Municipality of Brighton;
(b) Council direct staff take detailed minutes of each & all meetings, related to the Brighton sewage treatment plant, between the MOECC & staff of the Municipality of Brighton; and
(c) Council ensure that each & all minutes described at preceding line (b) are made available to all members of Council & the public.
Carried OR Defeated Mayor
Recorded Vote For Clerks Use Only
Recorded vote called by:
For Against Abstain Absent COI
Mayor Mark Walas
Councillor Steven Baker
Councillor John Martinello
Councillor Roger McMurray
Councillor Brian Ostrander
Councillor Mary Tadman
Councillor Laura Vink
Total
Carried Defeated Clerk's Initials
12.1.
Page 178 of 228
Date: February 20, 2018 Notice of Motion
Moved By: Councillor Martinello
Seconded By: Councillor Ostrander
At 0820, 7 Feb 2018 Councillor Martinello submitted a Notice of Motion to staff. This Notice of Motion sought to ensure council participation in sewage plant EA discussions with the MOECC & to ensure that the public was assured full access to the outcome of these discussions.
At 1035, 7 Feb - prior to the publication of this Notice of Motion in any agenda & prior to any Council debate on the Notice of Motion - staff sought a legal opinion regarding the preceding Notice of Motion.
That same day staff received a legal opinion - known as FID2234690 & directly related to the Notice of Motion - from Mr R Uukkivi of the law company Cassels Brock.
In conformance with the accountability & transparency requirements of the Ontario Municipal Act; and
In order that Brighton taxpayers can better understand how their money is being wasted; and
In an effort to stop the stonewalling & misinformation that have plagued the sewage plant environmental assessment process,
Council directs staff make public the legal opinion known as FID 2234690 & that this legal opinion be published in the minutes of the March 5, 2018 Council mtg.
We understand that the Municipalityissued an RFP for engineering services to prepare astormwater management plan. Proposalswere received and the Municipalityis consideringwhether to release the proposalsto the public. We further understand that Council has directedstaff to undertake the release, but that staff have concerns with whether such direction complieswith the MunicipalFreedom of Information and Protection of PrivacyAct. You asked our firm to
provideour opinion on whether releasingthe proposalswould complywith the Act.
We reviewed the letter from CD. Jewelldated January 23, 2018 in which they advise theMunicipalitythat they do not consent to the release of the information. They further state thatthe information contained in the proposal was provided to the Municipalitywith the implicitunderstandingthat it would not be disclosed to the public and that it contains confidentialcommercial and financial information.
The MunicipalFreedomof Information and Protection of PrivacyAct provides:
4 (1) Everyperson has a rightof access to a record or a part of a record in the custodyorunder the control of an institution unless,
CUNNINGHAM. SWAN. CARTY, LITTLE& BONHAM LLI‘
SMITH ROBINSON BUILDING, SUITE 300 » 27 PRINCESS ST.. KINGSTON ON K7L 1A3 TEL: 613—544—0211 FAX: (>13»S42»9814 WEBSITE: www.cswAN.CoM
Page 181 of 228
(a) the record or the part of the record fallswithin one of the exemptions under sections6 to 15>l<*>l<
10 (1) A head shall refuse to disclose a record that reveals a trade secret or scientific,technical,commercial,financial or labour relations information,suppliedin confidenceimplicitlyor explicitly,ifthe disclosure could reasonablybe expected to,(a) prejudicesignificantlythe competitive position or interfere significantlywith thecontractual or other negotiations of a person, group of persons, or organization;(b) result in similar information no longerbeingsuppliedto the institution where it is inthe publicinterest that similarinformation continue to be so supplied;(c) result in undue lossor gain to any person, group, committee or financial institution or
agency; or(d) reveal information suppliedto or the report of a conciliation officer,mediator, labourrelationsofficer or other person appointed to resolve a labour relationsdispute.
(2) A head may disclosea record described in subsection (1) if the person to whom theinformation relates consents to the disclosure.>l<*>l<
48 (1) No person shall,(a) wilfullydisclose personalinformation in contravention of this Act;***
(2) Everyperson who contravenes subsection (1) is guiltyof an offence and on convictionis liable to a fine not exceeding$5,000.[emphasisadded]
The January 23 letter confirms that the proposalwas submitted by CD. Jewellin confidence,with the expectation that its contents would not be disclosed. The letter further confirms thatthe proposalcontains ”a trade secret or scientific, technical, commercial, financial or labourrelations information” and that GD. Jewelldoes not consent to disclosure. It is well establishedthat disclosinga proposalcan reveal competitive information that could prejudice the positionof the proponent in the marketplace. in addition, if the Municipalitytakes the position that itwilldisclose proposalspubliclyit is reasonable to expect that proponents willelect not to submitproposalsto the Municipalityin the future for fear that their competitive position will becompromised.
In our opinion, disclosure of the proposalswould breach section 10 of the Act, exposing theMunicipalityto a chargeunder the Act.
We also agree with the interpretation of the RFP languagesuggestedby CD. Jewelldealingwithsection 5.3. Municipalitiesinclude similar languagein RFP’s to ensure that if ordered by theinformation and Privacy Commissioner, they have the ability to disclose in certaincircumstances. If the Municipalityintended that all proposalswould be made public, it would
need to include very express languageto that effect to avoid the prohibitionin section 10 of theAct. The languagein the RFP is not sufficient to exempt the Municipalityfrom s. 10 of the Act.
I trust that this letter answers your questions. Please let us know ifyou need anythingfurther.
Sincerely,
Cunningham, Swan, Carty, Little & Bonham LLP
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W.,j,.,,Wm,»..~.W»-«mM-»w-=~—_...._=.fo ony E. Fleming,C.S.
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Page 183 of 228
O’DWYER
Barristers and Solicitors
December 19, 2017
952849 Ontario Limited11 Henderson LaneBrighton, ON, KOK il-tO
Dear Sir:
Re: Ontario Municipal Board Appeal CostsNotice of Appeal of Draft Plan of Subdivision Conditions952849 Ontario LimitedLakeside Landings Subdivision - Municipal File No. PRSubdiv-2008-002Our File No. 1744-018
Please he advised that we are the solicitors for the Corporation of the Municipality ofBrighton with respect to the above noted matter.
Further to the letter of Mr. Watson, CAO of the Municipaiity of Brighton, please regard thisletter as a formal request for reimbursement of costs incurred by the Municipality arisingfrom Ontario Municipal Board hearing, 0MB File/Case No. PL151261.
At issue at the 0MB was an appeal as against Zoning By-law Amendment 098-2015 whichallowed for development of a low density residential subdivision upon those lands ownedby 052849 Ontario Limited.
Mthough it was the finding of Board Member Sills that the appeal commenced by theAppellants lacked any real merit the Municipality, in defence of Zoning By-law 12/2015,incurred costs from an engineering, planning, and legal prospective totalling $51,286.00.
While Ihe Municipality is fully aware that 952849 Ontario Limited was not a party to theproceedings, it did have an expectation that the Proponent would see fit to indemniI’ theMunicipality for costs incurred in the successful defence of Zoning By-law Amendment098-2015, which served to benefit only 952849 Ontario Limited.
EWART
311 Geoige Street North, Suite 103, Peterboraugh, ON K9J 3H3 Tel: (705) 674-0404 Fax: (705) 674-1165 w’wwewarththiyercom‘M John Ewan Certified by the Law Sod cry as a Specialist In Municipal Law - Local Coveniment/Land Usc Plann tog and DevelopmentPage 184 of 228
-2-
In the writer’s opinion, any refusal by 952849 Ontario Limited with respect to contributionto all or a portion of costs incurred is unjustified and constitutes an unjust enrichment onbehalf of the Proponent which should see fit to indemni& the Municipality for the reasonsand amount set out above.
Very truly yours,
EWART O’DWYER
M. John Ewart/sfortinEnd.
Page 185 of 228
Ontario Municipal BoardCommission des affaires municipalesde l’Ontario
ISSUE DATE: January 16, 2018 CASE NO.: PL151261
Appellants:Appellant:Appellant:Appellants (jointly):Subject:Municipality:0MB Case No.:0MB File No.:0MB Case Name:
Chris Herten and Julie HertenMichael KeeffeRobert Douglas McRaeBonnie Ostwald and Peter Ostwald et. al.By-law No. 098-2015Municipality of BrightonPL151 261PL151 261Herten v. Brighton (Municipality)
PROCEEDING COMMENCED UNDER subsection 97(1) of the Ontario Municipal BoardAct, R.S.0. 1990, cO. 28, as amended
Request by:Request for:Costs sought against:
Municipality of BrightonRequest for an OrderAwarding CostsChris Herten and Julie Heden, Michael Keeffe,Robed Douglas McRae, Bonnie Ostwald andPeter Ostwald et. al.
Heard:
APPEARANCES:
Motion in Writing
Parties
Corporation of the Municipality ofBrighton (“Municipality”)
Counsel*IRepresentative
J. Ewart
‘—‘—POntario
PROCEEDING COMMENCED UNDER subsection 34(19) of the PianningAct, R.S.O.1990, c. P.13, as amended
Bonnie and Peter Ostwald Self-represented
Page 186 of 228
2 PL151261
Chris and Julie Herten Self-represented
Michael Keeffe Self-represented
Robert Douglas McRae Self-represented
DECISION DELIVERED BY DAVID L. LANTHIER and M.A. SILLS AND ORDER OFTHE BOARD
The Motion
[1] This appeal was heard on May 18 and 19, 2016 and related to a site specific
zoning by-law to permit a plan of subdivision being developed by the 952849 Ontario
Limited (the “Developer). The hearing, which had been expected to last five days, was
abbreviated and completed within two days as the Appellant’s introduced no expert
witnesses and their case was limited to the evidence of the Appellants personally. The
Developer elected not to appear at the appeal leaving the Municipality to attend alone to
respond to the Appellants’ appeal. The Municipality’s evidence at the hearing was not
extensive due to the limited nature of the Appellants’ case as it was presented following
clarification and the direction of the Board provided early in the hearing.
[2] The Board delivered an oral decision on the second day after hearing all of the
evidence and submissions. The written memorandum of decision in this appeal
(“Decision”) was then issued by the Board on December 30, 2016 confirming the
Board’s dismissal of the appeal brought by the appellants Chris and Julie Herten,
Robert Douglas McRae, Michael Keeffe, and Bonnie and Peter Ostwald (“Appellants”).
[31 The Municipality then requested that the Board consider a motion for costs
pursuant to subsection 97(1) of the Ontario Municipal Board Act and the Board Rules of
Practice and Procedure (“Board Rules”). The Board provided directions that the motion
for costs (the “Motion”) be heard by written submissions pursuant to Rule 98(u) of the
Board Rules. The Board has now received and reviewed the supporting material and
submissions of the parties in regards to the Municipality’s Motion.
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Municipality’s Position
[41 The Municipality submits that it incurred costs in the amount of $50,687.28 in
responding to the appeal brought by the Appellants and asks that the Board exercise its
discretion and award costs against the Appellants on a partial indemnity basis. The
Municipality has provided documentation and affidavit material to verify the costs
incurred by the Municipality.
[5] As a minor point, although the Appellants reasonably raise the question, in their
submissions, as to why the cost summary provided by the Municipality refers to the
“Applicant’s” costs as incurred for the hearing (which would suggest the Developer’s
costs) the materials before the Board demonstrate that this is a mis-reference since all
invoices for charges and accounts produced to the Board as rendered in relation to the
hearing were clearly, on their face, rendered directly to the Municipality of Brighton.
[6] The Municipality submits that the Appellants failed to respond to requests for an
Issues List and a List of Witnesses in advance of the hearing which would have avoided
the necessity of engaging unnecessary witnesses and expensive preparation. The
Municipality submits that the Appellants then failed to present any planning or expert
evidence, or any credible evidence, at the hearing to support their objections.
[7] The Municipality argues that this conduct on the part of the Appellants constitutes
the kind of “unreasonable, frivolous, vexatious or bad faith conduct” identified in Rule
106 of the Board’s Rules and that the Board should therefore exercise its discretion.
The Board has been referred to a number of its decisions and the Municipality appears
to submit that by analogy, in this case, fairness dictates that the Appellants should be
liable for at least a portion of the costs. The Municipality’s argument is essentially that
the Appellants really put little effort into the appeal, called no expert evidence and
ultimately lost the appeal and therefore it would not be right or fair if the Appellants were
not obligated to reimburse the Municipality for some of its costs. The Municipality
recognizes that the Appellant’s conduct is not so unreasonable, malicious or in such
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bad faith, such that substantial indemnity costs would be appropriate and instead claims
only partial indemnity costs from the Appellants.
Appellant’s Position
[8] The Appellants’ materials contains, and refers to, statements, communications
and legal opinions regarding liability for costs, Council deliberations on the subject, the
Developer’s role in coverage of costs, and other background discussions regarding the
cost of the appeal and the motivations for bringing this motion. These communications,
opinions and arguments are irrelevant for the purposes of the Boards consideration of
the Motion and have been disregarded.
[9] The Appellants assert that they legitimately voiced their concerns regarding the
proposed subdivision during the ongoing planning and development processes and
through consultation with the Board’s Civilian Liaison representative, they advanced
their appeal to the Board upon those reasonable concerns. The materials filed by the
Appellants outline the extent of their preparation for attendance to the hearing and they
assert that they advocated their position in the appeal in good faith, with a view to
addressing their concerns, including environmental concerns. Upon the direction of the
Board the Appellants stated that they abbreviated the presentation of their evidence and
their appeal at the hearing, and were cooperative and compliant in shortening the length
of the hearing.
[10] The Appellants have referred the Board to a number of Board rulings on matters
of costs which emphasize the hesitancy of the Board to award costs unless serious
misconduct warrants such an order and the public policy concerns of the Board that
cost orders not be wielded so as to dissuade the public from participating in planning
processes, including Board appeals.
[11] The Appellants submit that this is not one of those rare situations where their
conduct warrants an order of costs. They submit that they have acted in good faith, and
that no order of costs should be made against them.
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Analysis and Findings of the Board
[12] It is an accepted principle of costs in proceedings before the Board that the
failure of an appeal does not, as a mailer of right, give rise to an obligation to pay costs
on the part of an appellant and conversely, a party’s success in advancing, or
responding to, an appeal does not give rise to an entitlement to costs.
[13] Rule 106 of the Board Rules provides for the types of conduct that will give rise
to an Order for costs against a party. Although not exhaustive, the Rule includes
examples of the types of conduct that might be considered to be “unreasonable,
frivolous, vexatious or bad faith conduct”. The Board has carefully reviewed the
evidence submitted by the Municipality in support of the Motion and its submissions and
is unable to find that the conduct of the Appellants falls within any of the eight examples
of improper conduct set out in Rule 106. The Board does not find that the conduct of
the Appellants can be categorized as vexatious or bad faith conduct. At most, the
conduct of the Appellants in the hearing of the appeal might be scrutinized to determine
if it might be considered to be frivolous or unreasonable, and in this case, it is not.
[141 While the Appellants may have been unable to appreciate that their evidence and
arguments presented at the hearing were, for the most part, essentially challenges to
the original Draft Plan of Subdivision, which was not before the Board, they
nevertheless advanced their case in earnest and with considerable preparation and
effort as was noted by the Board in its Decision. The preparation by the Appellants for
their attendance to the hearing, as described in their submissions, is certainly consistent
with the preparedness and genuine manner in which they advanced their appeal before
the Board during the two day hearing.
[15] The actions of the Appellants in opposing the subdivision cannot be categorized
as frivolous either, since the issues they raised related to logical concerns associated
with the subdivision, even if they were insufficient to support a planning basis to
challenge the zoning by-law amendment. For the reasons indicated in the Decision of
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the Board, a number of the fair concerns raised by the Appellants were to be addressed
through the ordinary processes of agency review and the release of holding provisions
and implementation of the Subdivision Agreement, but were not sufficient to set aside
the zoning by-law amendment that was the subject of the appeal.
[16] Although better communication on the pad of the Appellants with the Municipality
might have assisted them, problems in communication between parties, in the context
of disputed development issues such as this one, are seldom one-sided, and the
submissions from the Appellants suggest that an unanticipated injury to one of the
Appellants may have been responsible for an oversight in responding to counsel for the
Municipality at one point. In any event if the Appellant’s may have misunderstood
certain aspects of their appeal, the Board cannot find that they were willfully or
recklessly ignorant of the subject mailer of the appeal to an extent that it would
represent unreasonable conduct. In this case the Board is satisfied that the Appellants
who caused the hearing in this appeal did so reasonably even though their cause may
ultimately have been a losing one.
[17] The Board has carefully considered those authorities provided by the Municipality
in support of its motion and those provided by the Appellants. The Board cannot
conclude that the Appellant’s conduct in any way represents “clearly unreasonable
conduct” of the type described in those cases cited by the Municipality which could give
rise to a responsibility on the pad of the Appellant to compensate the Municipality as the
successful party in the appeal. The Board finds that the conduct of the Appellants, in
this case, does not fall within the types of the conduct that would warrant even an award
for partial indemnity costs, which the Municipality requests in this case. The Board here
would reiterate the general position of the Board often expressed in motions for costs,
that costs are not to be used as a means to dissuade public participation in planning
appeals and are for that reason limited only to circumstances involving the most
egregious conduct, and are not awarded lightly or routinely.
[18] The Municipality’s request for costs must be denied.
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ORDER
[19] The Board orders that the motion is dismissed
“David L. Lanthier”
DAVID L. LANTHIERMEMBER
“M. A. Sills”
M. A SILLSMEMBER
If there is an attachment referred to in this document,please visit www.elto.gov.on.ca to view the attachment in PDF format.
Ontario Municipal BoardA constituent tribunal of Environment and Land Tribunals Ontario
Being a By-law to authorize the Mayor and Clerk to execute an agreement between The Corporation of the Municipality of Brighton and the Codrington Community Association for the operation and maintenance of the Codrington Community Centre for a period of two years, commencing on January 1, 2018
Whereas, Section 5 of the Municipal Act, 2001, as amended, specifies that a Municipal Council shall exercise its powers by By-Law; And Whereas, Section 9 of the Municipal Act, 2001, as amended, provides that a Municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under the Municipal Act or any other Act; And Whereas, Section 11(2) of the Municipal Act, 2001, as amended, specifies the Spheres of Jurisdiction the Municipality may pass By-Laws respecting matters in those Spheres of Jurisdiction; Now, Therefore, the Council of the Corporation of the Municipality of Brighton enacts as follows:
1. That the Mayor and Clerk are hereby authorized to execute an agreement between The Corporation of the Municipality of Brighton and the Codrington Community Association for the operation and maintenance of the Codrington Community Centre for a period of two years, commencing on January 1, 2018
Read a first, second and third time and finally passed this 20th day of February, 2018.
Mark A. Walas, Mayor Candice Doiron, Clerk
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The Corporation of the Municipality Of Brighton
By-Law No. 000-2018
Being a By-Law to Regulate and Control Unwanted Noise within the Municipality of Brighton
______________________________________________________________ Whereas section 129 of the Municipal Act, 2001 authorizes the council of every local municipality to pass by-laws to regulate and prohibit with respect to noise, And Whereas section 425 of part XIV of the Municipal Act, S.O. 2001, authorizes that a municipality may pass by-laws providing that a person who contravenes a by-law of the municipality passed under this Act is guilty of an offence, And Whereas section 429 of part XIV of the Municipal Act, S.O. 2001, provides that a municipality may establish a system of fines for offences under a by-law of the municipality passed under this Act, And Whereas the Council of the Corporation of the Municipality of Brighton deems it expedient to pass a by-law for this purpose, Now Therefore the Council of the Corporation of the Municipality of Brighton enacts as follows: Section 1 Definitions In this By-Law: “Agricultural Property” means a property that is zoned for agricultural use in the Municipality of Brighton’s Comprehensive Zoning By-Law No. 140-2002, as amended;
“Agricultural Use” means the growing of crops, including nursery and horticultural crops, the raising of livestock and other animals including poultry or fish for food, or for aquaculture, agro-forestry or maple syrup production and associated on-farm buildings and structures;
“By-Law Enforcement Officer” means a person appointed by the Corporation of the Municipality of Brighton for the purpose of enforcing the provisions of this By-Law;
“Construction” includes the erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials made in any form or for any purpose, and includes any work in connection therewith;
“Construction Equipment” means any equipment or device designed and intended for use in construction or material handling, but not limited to air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders or other equipment used in construction or material handling;
“Emergency Vehicle” means a police car, ambulance, fire truck or other vehicle responding to an emergency call pursuant to a statutory duty;
“Noise” means sound that is unusual or excessive, or that is unwanted by or disturbing to persons; “Person” includes a corporation as well as an individual.
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Section 2.0 Prohibition
2.1 No person shall make or permit noise which is likely to disturb the inhabitants of
the Municipality. Section 3.0 Exceptions 3.1 Despite section 2.1 of this By-law, none of the provisions of this By-law shall
apply to prohibit:
(a) audible traffic signals,
(b) any agricultural use/activity conducted on lands that are zoned ‘Agricultural’ or ‘Rural’ in the Municipality of Brighton’s comprehensive Zoning By-law 140-2002, as amended,
(c) operation of emergency vehicles, including all their components, while in
use pursuant to a statutory duty,
(d) operation of bells, chimes, carillons and clocks in churches and public buildings,
(e) noise arising out of or created by construction or construction equipment
operated within the Municipality between the hours or 7:00 am and 9:00 pm from Monday to Saturday, inclusive provided that such equipment is maintained in good working order. No Person shall make or create noise from construction or construction equipment between the prohibited times,
(f) the operation of service vehicles or equipment operated by the
Corporation of the Municipality of Brighton, the Corporation of the County of Northumberland, the Province of Ontario, their workers, employees, agents, consultants, contractors or sub-contractors,
(g) when authorized by the Municipality, motor vehicle races, parades,
processions, races and events for ceremonial, religious or traditional purposes,
(h) when authorized by the Municipality, cultural, recreational, educational
and political events in parks and other public places,
(i) noise normally associated with the manufacturing, processing and/or assembly of goods and/or products on lands zoned ‘Commercial’ or ‘Industrial’ in the Municipality of Brighton’s comprehensive Zoning By-law 140-2002, as amended, between the hours of 7 am and 6 pm from Monday to Friday, inclusive. No person shall make noise between the prohibited times,
(j) the operation of power lawnmowers and/or gardening equipment or any
equipment used in the maintenance of property between the hours of 7:00 a.m. and 10:00 p.m. from Monday to Saturday, inclusive and between the hours of 9:00 a.m. and 6:00 p.m. on Sunday provided that such equipment is maintained in good working order. No person shall make noise between the prohibited times,
(k) the operation of snow removal equipment at any time provided that such
equipment is maintained in good working order. Section 4.0 Temporary Noise Permit 4.1 Any application for a temporary noise exemption permit may be made to Council.
The application shall be made in writing at least 45 days prior to the commencement of the requested exemption. An application form for a ‘Noise
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By-law Exemption’ may be obtained by attending at, or contacting the Municipal office at 35 Alice St., P.O. Box 189, Brighton, Ontario, K0K 1H0.
4.2 In determining whether to grant an exemption by the way of a temporary noise
permit Council may:
a) determine whether the applicant has complied with all the terms and conditions of approval of any previous noise exemption permit issued to the applicant, if any,
b) consider any negative effects the issuance of the temporary noise permit may have on neighbouring properties and/or the Municipality,
c) consider any benefits the issuance of the temporary noise permit may
have for neighbouring properties and/or the Municipality. 4.3 Council may impose conditions on temporary noise permits including but not
limited to:
a) the type and volume of sounds that may be made,
b) the times during which sounds may be made,
c) the date of expiry of the temporary noise permit,
d) requiring the posting of security prior to the activity and requiring, at the applicant’s expense, the services of municipal staff or a professional engineer to monitor sound levels resulting from the event or activity and requiring that a report of their findings be filed with the Municipality of Brighton.
e) Every person shall comply with the conditions of a noise exemption
permit. 4.4 Should Council conclude that the noise being generated is excessive Council may
revoke the said permit. 4.5 Any temporary noise permit issued under this By-law shall expire on the date set
out on the temporary noise permit, or if no date is specified, the permit shall expire 48 hours after being issued.
4.6 Any breach by the holder of the temporary noise permit of any of its terms or
conditions shall render the temporary noise permit null and void. Section 5.0 Offences And Penalties
5.1 Any person who violates any provision of this By-Law is, upon conviction, guilty of an offence and shall be liable to such penalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.p.33. 5.2 Set fines for contravention of this By-law are set out in Schedule ‘A’ of this
By-law. 5.3 For the purposes of this By-Law, each day or part of a day on which the offence
occurs or continues shall be deemed to be a separate offence. Section 6.0 Validity 6.1 In the event any Court of competent jurisdiction declares any section or
provision of this By-Law to be invalid, or to be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand and be
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enforceable to the same extent as if the offending section or provision thereof had not been included herein.
Section 7.0 Repeal and Transition 7.1 By-Law No. 98-1233, By-Law No. 2000-1056 and By-Law No. 024-2010 are
hereby repealed. Section 8.0 Effective Date 8.1 This By-Law shall come into force and effect upon the date of final passing
thereof. Read a first, second and third time and finally passed this 20th day of February, 2018 _______________________________ _____________________________ Mark A. Walas, Mayor Candice Doiron, Clerk
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The Corporation of the Municipality Of Brighton By-Law No. 118-2017
Schedule ‘A’
Noise Control
Part 1, Provincial Offences Act
Item Column 1 Short Form Wording
Column 2 Provision
Creating Or Defining Offence
Column 3 Set Fine
1 Unlawfully make or permit noise Section 2.1 $200.00
2 Make or permit Noise when prohibited to wit: operating construction equipment during a prohibited time.
Section 3.1(e) $200.00
3 Fail to get authorization for event Section 3.1(g) $200.00
4 Make or permit Noise when prohibited to wit: make manufacturing noise during a prohibited time.
Section 3.1(i) $200.00
5 Make or permit Noise when prohibited to wit: operating property maintenance equipment during a prohibited time.
Section 3.1(j) $200.00
6 Fail to comply with the conditions of a noise exemption permit.
Section 4.3 (e) $175.00
Note: The general penalty provision for the offences listed above is Section 5.1 of By-law ___________ - 2017, a certified copy of which has been filed.
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The Corporation of the Municipality of Brighton
By-Law No. 000-2018
A By-law to regulate the water supply system in the Municipality of Brighton.
Whereas pursuant to Section 11 of the Municipal Act, S.O. 2001, c.25, which provides that a municipality may pass by-laws respecting services including public utilities And whereas public utilities include a system used to provide water services for the public; And whereas section 429 of part XIV of the Municipal Act, S.O. 2001, c.25, provides that a municipality may establish a system of fines for offences under a By-law of the municipality passed under this Act; And whereas by by-law, the policy of the Municipality of Brighton is to install water meters on all residential, industrial, commercial and institutional establishments located within the Brighton Distribution System limits; And whereas the Ontario Water Resource Act, the Building Code Act, the Municipal Act, and the Public Utilities Act provide for the regulation, maintenance, inspection and management of plumbing and related municipal works; Now, therefore the Council of the Corporation of the Municipality of Brighton enacts as follows: Section 1.0 Definitions 1.1 In this By-law: “AWWA” shall mean the American Water Works Association; “Building” shall mean a structure supplied with potable water by the Municipality of Brighton; “Contractor” shall mean a person, partnership or corporation who contracts to undertake the execution of work commissioned by the property owner or the Municipality to install or maintain mains, private mains, water services, hydrants and other appurtenances; “Cross Connection” shall mean a temporary, permanent or potential water connection that may allow backflow of contaminants, pollutants, infectious agents, other material or substance that will change the water quality in the waterworks distribution system and includes swivel or changeovers devices, removable sections, jumper connections and bypass arrangements; “Disconnection” shall mean the physical discontinuance of the supply of water to a premise by shutting it off at the curb stop or through isolation of the lateral near the main; “Discharge” shall mean, when used as a verb, add, deposit, leak or emit and when used as a noun, includes addition, deposit, emission or leak; “Dwelling” shall mean one or more habitable rooms occupied or capable of being occupied by an individual, individuals or family as an independent and separate housekeeping establishment, with separate kitchen and sanitary facilities provided for the use of such individual, individuals or family, with its
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own private entrance, but does not include a trailer, single-wide mobile home or tent; “Hydrant” shall mean a valve connection on a water supply system having one or more outlets and used to supply fire department pumpers and hoses with water; “Lateral” shall mean a privately or publicly owned piping system that is connected to the waterworks; “Main” shall mean every water pipe installed on the public road allowance or on any other land upon which the Municipality has obtained an easement; “Meter” shall mean a municipal or private meter, register and remote readout unit which are of a type approved by the Municipality; “Municipality” shall mean the Municipality of Brighton; “NFPA” shall mean the National Fire Protection Association; “Occupant” shall mean any lessee, tenant, owner or any person in possession of a premise; “Owner” shall mean the registered owner of the property; “Person” means an individual, association, partnership, corporation, government body or an agent or employee thereof; “Potable Water” shall mean water intended for human consumption, which is free from pollution, harmful organism and impurities; “Private Main” shall mean a pipe installed on private property and connected to the Municipal water distribution system; “Shut-off Valve” shall mean the valve on the Municipality’s water service connection owned and used by the Municipality to shut off or turn on the water supply from the Municipality’s water distribution system to any premises; “Water service connection” shall mean the pipes and fixtures used for the purpose of supplying any premises in the Municipality with water from the Municipality’s water works that is located between the Municipality’s water main in the street and the street property line abutting the premises so supplied; “Waterworks” shall mean the publicly owned water system, including wells, pumps, reservoirs, and pipe distribution network, located on publicly owned land, public, right of ways, and easements with right of public entry and shall include but not be limited to any works for the collection, production, treatment, storage, supply or distribution of water or any part of any such works. Section 2.0 Prohibitions under this By-law 2.1 No person shall be connected to a private service, including a well and/or
septic system, where piped municipal services are readily available or where they could be reasonably extended, as determined by the Municipality.
2.2 No person shall disconnect or allow to be disconnected any premises
serviced by the Municipality’s waterworks system without the express written permission of the Municipality to do so.
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2.3 No person shall connect any pipe or make alterations to any pipe or other appurtenances associated with the Municipality’s waterworks, or in any way obtain or use water by way of the waterworks system without the express written permission of the Municipality to do so.
2.4 No person shall make or permit a connection, either directly or indirectly, between water lines which are part of a private water system and water lines which are part of the Municipality’s waterworks system.
2.5 Every person shall provide clear access to shut-off valves at all times so as
to ensure that water in the water service pipes and private mains may be turned off or on as may be deemed necessary by the Municipality.
2.6 No person shall cause, permit or maintain a shut-off valve in a driveway,
sidewalk or walkway constructed of asphalt, concrete or paving stone.
2.7 No person, other than persons acting under the authority of the Municipality, shall operate the shut-off valve to any premises.
2.8 The owner of the premises that is to be supplied with water shall provide
sufficient heat in order to prevent damage to water meters, pipes and related appurtenances. Any costs related to damage caused to meters, pipes and related appurtenances as a result of the failure to comply with the provisions of this By-law shall be the responsibility of, and paid by, the owner of such premises.
2.9 No person shall prevent, hinder, obstruct or interfere with, or attempt to
prevent, hinder, obstruct or interfere with the Municipality, its officers, contractors, agents, servants or workers while exercising their duties conferred upon them by this By-law.
2.10 No person shall willfully let off or discharge water so that the water runs
waste or useless out of the waterworks. 2.11 No person shall, without the consent of the Municipality, lend, sell, or
dispose of water, give it away, permit it to be taken or carried away for use by or the benefit of another.
2.12 No person shall use any water from the waterworks in a building without a
water meter having been installed to the satisfaction of the Municipality and an active water user account with the Municipality.
Section 3.0 Cross Connections & Back Flow 3.1 No person shall connect, or maintain an existing connection, to any pipe,
fixture, fitting, container or appliance which, under any circumstances, may allow water, waste water, non-potable water, or any other liquid, chemical or substance to enter the waterworks distribution system. The means for ‘protection from contamination’ shall be in accordance with the requirements of the Ontario Building Code Act, 1997, as amended from time to time.
3.2 Any person authorized by the Municipality shall, at all reasonable times,
be given free access to all parts of every building on the premises to which a water service is supplied for the purpose of inspecting, altering or disconnecting any water service, wire, rod or cross connection within the building or elsewhere on the property.
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3.3 Where access is not provided pursuant to section 3.2 of this By-law, a
written notice by the Municipality shall be issued to the owner or occupant of the premises directing that access be provided within seven (7) days from the date of the notice. If access is not provided within this time frame, the Municipality may, at its discretion, shut off the supply of water to the premises until such time as the access is provided.
3.4 If, upon inspection a condition is found to exist which is contrary to section 3.1 of this By-law, the Municipality may issue an order as may be required to obtain compliance with section 3.1 of this By-law.
3.5 Should the person to whom the order, pursuant to section 3.4 of this By-
law, has been issued fail to comply with the order, the Municipality may:
a) shut off the water service or services, or b) give notice to the person so ordered to correct the fault at their expense and to do so within a specified time period. If the notice is not complied with, the Municipality may then shut off the water service or services.
3.6 Notwithstanding sections 3.1, 3.4 and 3.5 of this By-law where, upon
receiving notice that, in the opinion of the Municipality or an approved authority, a risk of possible contamination of the water works distribution system exists, a customer or the person responsible for the property shall forthwith install, at the source of the potential contamination, a cross connection control device approved by the Municipality. The Municipality shall shut off the water service or services to the property in the event the said cross connection control device is not installed to the satisfaction of the Municipality.
Section 4.0 Water Meters 4.1 All water used for other than firefighting purposes or water authorized by
the Municipality for construction or other purposes, shall pass through a meter approved by the Municipality. In addition to other remedies the Municipality may have by law in respect to an infringement of this By-law, the Municipality may without notice, shut off and stop the supply of water to a property upon ascertaining that water has been used which has not passed through a meter.
4.2 The Municipality may shut off or restrict the supply of water to a property
if the Municipality requires access to the property to install, replace, repair or inspect a water meter.
4.3 Before shutting off or restricting the supply of water, other than for
emergencies or for maintenance of the municipal portion of the waterworks system, the Municipality shall:
a) notify by hand delivered notice or by registered mail, the owners and occupants of the affected property of the date upon which the Municipality intends to shut off or restrict the supply of water, and b) in the event access to the property is not obtained before that date, a copy of the notice described in section 4.3 a) shall be posted on the property in a conspicuous place. The Municipality may shut off or restrict the supply of water within seven (7) days after the notice has been posted.
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4.4 Where the Municipality has shut off or restricted the supply of water pursuant section 4.3 of this By-law, the Municipality shall restore the supply of water as soon as practicable after obtaining access to the property and completion of all work for which access to the property was required.
4.5 All charges for any of the work and services mentioned in section 4 of this
By-law shall be determined by the Municipality and shall be paid in full by the owner or customer as the case may be.
4.6 Every separate dwelling unit, living unit and separate commercial space to
which water is being supplied, shall be furnished with a single water meter supplied by the Municipality unless an exemption from this requirement has been approved by the Municipality.
4.7 Every water meter must be purchased from the Municipality and shall be
installed to conform to Municipal standards. 4.8 Where required by Municipal standards or as deemed necessary by the
Municipality, the property owner shall supply and install a lockable underground chamber to the satisfaction of the Municipality. The underground chamber shall be located on the private side of the property line immediately adjacent to the road allowance and shall house an inlet valve, meter and backflow preventer and an outlet valve, if required. The owner shall be responsible for maintaining the underground chamber.
4.9 The location of a meter shall not be changed by any person except with
the written consent of the Municipality. 4.10 All water flowing to private meters must first pass through the
Municipality’s meter. The Municipality will not supply, install, inspect or read private water meters, nor will the Municipality bill consumption on private water meters.
4.11 The Municipality and person authorized by the Municipality, shall at all
reasonable times be allowed free and clear access to read a meter located in a dwelling unit or elsewhere on the property where water is being supplied. Where such access to the meter is not provided by the owner or occupant within seven (7) days upon written notice by the Municipality having been served, the Municipality may, at its discretion, shut off the supply of water until such time as free and clear access to the water meter is provided.
4.12 Any leak that develops at a meter or its couplings shall be reported
immediately to the Municipality. The Municipality is not liable for any damages caused by such leaks.
4.13 No person, except a person authorized by the Municipality, shall be
permitted to open a water meter or alter the seals placed thereon, or do any manner of thing which may interfere with the proper registration of the quantity of water passing through such meter. Should any person change, tamper with or otherwise interfere, in any way whatsoever, with any water meter placed in any building, dwelling unit or on any property, the Municipality may forthwith and without notice, shut off the water thereto. The water may be restored to such building, dwelling unit or property at the discretion of the Municipality after inspection and resealing.
4.14 If in the opinion of the Municipality, the condition of the water service, or
plumbing system related to a property is such that the meter cannot be Page 204 of 228
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safely removed for the purpose of testing, replacing or repair without fear of damage to any of the system’s components, the Municipality may require the owner or occupant to take such action as may be deemed necessary to facilitate the testing, replacement or repair of the meter. If upon notification, the owner does not comply with the Municipality’s request, then the water supply to the property may be turned off at the shut-off valve during removal of the meter for testing, replacement or repair and the Municipality shall not be held responsible for any damages to the owner’s property arising from such work.
4.15 If, for any cause, a meter is found not to be working properly, then the
amount of water to be charged for shall be estimated based on the average reading for the 12 months previous.
4.16 A customer may, upon written application to the Municipality, have the
water meter at his or her dwelling unit tested for accuracy of registration. The application shall be accompanied by a deposit of the fee based on the cost for testing by a 3rd party organization. If the testing determines that the meter reads in excess of the actual flow volume, the deposit for the test shall be refunded.
4.17 Water meters shall be tested in accordance with AWWA standards and
procedures, as may be amended from time to time. Testing shall be done by an accredited test facility as determined by the Municipality. Should such test confirm that the meter is found to operate outside of applicable specifications, the Municipality shall estimate the flow volume underage or excess and the customer shall be reimbursed for cost incurred as a result of the malfunctioning meter. The time frame used for the calculation of the estimate shall be limited to the four (4) month period prior to testing.
4.18 Where the water meter is equipped with a remote read-out unit of any type and a discrepancy occurs between the reading at the register of the water meter itself and the reading on the read-out device, the Municipality shall consider the reading at the meter to be correct and shall adjust and correct the customer’s account accordingly.
4.19 Where the water meter is equipped with a remote read-out unit of any type,
the occupant of the property shall be responsible for keeping the wire from the meter to the remote read-out unit in good repair and working order. If repairs are performed by Municipal staff, the fee charged for the work will be at the hourly rate as set out in the Water and Wastewater Fees and Charges By-law and the hourly rate will be applied to each hour, including any portion thereof, worked.
Section 5.0 Hydrant Use and Maintenance 5.1 No person, except for certified operators authorized by the Municipality
and personnel of the Brighton Fire Department while in the performance of their duties, shall operate a hydrant.
5.2 Any hydrant situated within the road allowance is the property of the
Municipality and shall be maintained by it. The Municipality shall maintain Municipal owned hydrants located on private property.
5.3 No person shall paint hydrants or tamper with the colour scheme of
hydrants except with the permission of the Municipality to do so. 5.4 No person shall alter, screen or obstruct any fire hydrant with trees,
shrubs, bushes, posts, fences, snow, trash, vehicles, structures or Page 205 of 228
Page 7 of 9
materials of any kind that, in the opinion of the Municipality, would diminish the visibility of the fire hydrant.
5.5 No person shall, without the prior written authorization of the Municipality, obstruct the free access to any hydrant, or cause or permit vegetation or other objects or material of any kind to be planted or placed neither between the hydrant and the roadway nor, within a 1.5 metre radius beside or behind a hydrant.
5.6 All private hydrants are the responsibility of the property owner and must
be installed and maintained, at the owner’s expense, in compliance with the following:
a) the Ontario Fire Code, b) the Ontario Building Code, and
c) NFPA 24 – Installation of Private Fire Service Mains and their
Appurtenances, as amended from time to time.
5.7 Any water supplied or made available to any land or building for the purposes of protecting property or persons from fire or for preventing fires or the spreading of fires, shall not be used for any other purpose.
Section 6.0 Enforcement and Penalty 6.1 A By-law Enforcement Officer, Chief Building Official, Construction
Inspector, Waste Water Operator, Waste Water Supervisor, Water Operator, Water Supervisor, Road Supervisor, Manager of Public Works and Environmental Services and Manager of Capital Infrastructure may at reasonable times enter upon any premises other than a dwelling house in order to ascertain whether the provisions of this By-Law are being complied with or to enforce this By-law.
6.2 Any person who violates any provision of this By-law is, upon conviction,
guilty of an offence and shall be liable to such penalties prescribed by the Provincial Offences Act, R.S.O., 1990, c.p.33.
6.3 Each day that such offence is committed, or permitted to continue, shall
constitute a separate offence and may be punishable as such. 6.4 Set fines for contravention of this By-law are set out in Schedule “A” of
this By-law. 6.5 A fee will be charged for all worked performed by Municipal staff. The fee
charged as outlined in the Water and Wastewater Fees and Charges By-law. If the work performed is not listed in Schedule “A” of the Water and Wastewater Fees and Charges By-law, then a hourly rate will apply to each hour, including any portion thereof, worked.
Section 7.0 Validity
In the event any Court of competent jurisdiction declares any section or provision of this By-law to be invalid, or to be of no force and effect for any cause, such section or provision thereof shall be deemed severable from the remainder of the By-law and the remainder of the By-law shall stand and be enforceable to the same extent as if the offending section or provision thereof had not been included herein.
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Section 8.0 Repeal That By-law No. 274-2004 is hereby repealed.
Section 9.0 Effective Date
This By-law shall come into force and effect upon the date of final passing thereof.
Read a first, second and third time and finally passed this 20th day of February, 2018 ____________________________ ____________________________ Mark A. Walas, Mayor Candice Doiron, Clerk
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Schedule “A” Set Fines
The Corporation of the Municipality of Brighton Part 1, Provincial Offences Act
By-Law No. 119-2017-2017 Water Supply By-Law
Item Column 1 Short Form Wording
Column 2 Provision
Creating Or Defining Offence
Column 3 Set Fine
1 Unauthorized connection to private services
Section 2.1 $950.00
2 Disconnect premises without written permission
Section 2.2 $950.00
3 Unlawful connection to municipal waterworks
Section 2.3 $950.00
4 Unlawful connection between water lines
Section 2.4 $950.00
5 Shut-off Valve not accessible Section 2.5 $300.00
6 Unlawful location of a shut-off valve
Section 2.6 $300.00
7 Unauthorized operation of shut-off valve.
Section 2.7 $200.00
8 Fail to provide sufficient heat to prevent damage
Section 2.8 $300.00
9 Prevent, hinder, obstruct, interfere with Municipality authorized person(s)
Section 2.9 $250.00
10 Wastefully discharge water Section 2.10 $300.00
11 Unlawful use of water for the benefit of another
Section 2.11 $300.00
12 Use water without a water meter Section 2.12 $350.00
13 Unlawful cross connection of water works
Section 3.1 $350.00
14 Tamper with water meter Section 4.13 $300.00
15 Unauthorized operation of a fire hydrant
Section 5.1 $300.00
16 Paint or tamper with colour scheme of fire hydrant
Section 5.3 $400.00
17 Alter, Screen or Obstruct fire hydrant
Section 5.4 $350.00
18 Obstruct free access to fire hydrant
Section 5.5 $350.00
Note: The general penalty provision for the offences listed above is Section 6.2 of By-law 119-2017, a certified copy of which has been filed.
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THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. xxx-2018 Being a By-law to appoint a Fire Chief for the Corporation of
the Municipality of Brighton
Whereas, Section 11 (2), of the Municipal Act 2001 provides that a lower tier Municipality may pass by-laws respecting the governance structure of the Municipality; And whereas, the Fire Protection and Prevention Act, 1997, Part II paragraph 6.(1) states: “If a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department”. Now therefore be it enacted –
1. That the Council of the Corporation of the Municipality of Brighton hereby appoints Rick Caddick as Fire Chief for the Municipality of Brighton, effective March 1, 2018;
2. And further, that all previous By-laws appointing a Fire Chief be
rescinded effective March 1, 2018; This By-law will come into force and effect with the final reading and passing of the By-law. Read a first, second, and third time, and finally passed this 20th day of February, 2018.
Mark A. Walas, Mayor Vicki Kimmett, Deputy Clerk
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Municipality of Brighton
Rural Advisory Committee
Meeting MINUTES
Thursday, November 16th, 2017
6:00 p.m.
North Fire Hall - Codrington
Members present: Joe Banbury, Sam Hazelwood, Kelly Sharpe, Councilor John
Martinello, Justin Dorland, Councilor Brian Ostrander
Staff present: Richard Sparham, Manager of Public Works, Allen Magee, By-Law Enforcement Officer,
1. Call to Order The meeting was called to order at 6:00 p.m. A quorum was present. Kelly Sharpe called the meeting to order.
2. Approval of Agenda Resolution No. 2017-RA-43 Moved by: Councilor Brian Ostrander Seconded by: Joe Banbury – All in Favour That the agenda be approved as presented with the addition of the AMO Conference and Emily’s Project to Discussion.
Carried
3. Disclosure of Pecuniary Interest - None
4. Approval of minutes: Thursday October 19th, 2017 Resolution No. 2017-RA-44 Moved by: Sam Hazlewood Seconded by: Councilor Brian Ostrander – All in Favour That the minutes of October 19th, 2017 committee meeting be approved, as presented with the changes to the spelling of road names, Carman Rd. and Coltman Rd.
Carried 5. Discussion:
Aranda Way
Concerns with visibility issues when vehicles are approaching County Road 30 from Aranda Way.
The Antique Store creates visibility issues for motorists at that intersection. Visibility is worse when vehicles park along the store front even though there is “No Parking” signs posted.
Parking Enforcement is a County responsibility since it is a County Road.
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Richard to contact Northumberland County that concerns have been brought up at the Brighton Rural Advisory Committee.
Brushing on Towerline Road
Brushing has been added to the 2018 Brighton Budget. $200,000 has been set aside for any cost that will occur for brushing Municipal Roads.
When roads are re-constructed, ditching and brushing should be considered when resurfacing any Municipal Roads.
Resolution No 2017-RA-45 The Rural Advisory Committee recommends that staff develop and map a 5 year maintenance cycle for brushing and ditch clearing in the Rural Area of Brighton.
Moved by: Sam Hazlewood Seconded by: Councilor Brian Ostrander – All in Favour
Roadside Garbage Dumping
In the last month, there has been an increase amount of garbage being dumped alongside Municipal Roads. Items such as stereos, bath tubs, microwaves and construction materials.
Currently the Municipal does not have an annual large item garbage pickup.
Resolution No 2017-RA-46 The Rural Advisory Committee recommends that council advocates to Northumberland County for a bulk garbage pickup schedule. Moved by: Councilor Brian Ostrander Seconded by: Justin Dorland – All in Favour
Medical Marijuana and Green Houses
With the Federal Government’s discussion about legalizing Marijuana, there has been concern on where these growing facilities may be located in the Municipality. The Municipality cannot regulate or control any operations that are overseen by the Federal Government. The only regulations the Municipal has would be under the Zoning By-Law and Building Code.
Resolution No 2017-RA-47 The Rural Advisory Committee recommends that council directs staff to develop a By-Law for regulating locations of Marijuana growing facilities. Moved by: Sam Hazlewood Seconded by: Joe Banbury – All in Favour
Road Repair/Shouldering
Some Rural roads need the shoulder regraded as road materials have been pushed out to the sides causing a channel between the shoulder of the roadway and the edge of the roadway.
“Share the Road” Signs
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A map was sent out for the Committee to identify where signs could be erected.
The Municipality will be looking at place 20-25 signs in the Rural Area of Brighton
Resolution No 2017-RA-48 The Rural Advisory Committee recommends that the propose signage have the 2 signs (Tractor, Share the Road) be incorporated into 1 sign. Moved by: Sam Hazlewood Seconded by: Joe Banbury – All in Favour
ATV’s on Municipal Roadways
Municipality of Brighton currently does not have a By-Law to permit ATV’s on Municipal roadways.
In past Committee meetings, it was discussed that a temporary by-law should be considered to determine if a By-Law was created permitting ATV’s on roadways.
Resolution No 2017-RA-49 Having heard presentations by the O.P.P. and the Northumberland ATV Club, the Brighton Rural Advisory Committee has no objections to Council passing a By-Law to permit and regulate ATV’s within the Municipality, provided said By-Law applies to the entire Municipality and is compatible with By-Laws of neighbouring Municipalities. Moved by: Joe Banbury Seconded by: Sam Hazelwood – All in Favour
Emily’s Project The campaign raises awareness regarding farm and rural property
safety. The campaign looks to increase the amount of roadside 911 address signage in rural areas to assist first responders during an emergency.
Staff would like to implement this project in the Municipality of Brighton.
Richard will be bringing forward a report on the Emily Project to a future council meeting.
6. Correspondence – None
7. Next Meeting Date: November 16th, 2017
8. Adjournment Resolution No. 2017-RA-50 Moved by: Sam Hazlewood Seconded by: Justin Dorland That the meeting be adjourned. .
Carried
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Kelly Sharpe, Chair Vicki Kimmett, Deputy Clerk
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Municipality of Brighton
Community Events and Civic Awards Advisory Committee
Meeting Minutes
Jan 23, 2018 4:30 p.m.
Council Chambers
Members Present: Chair: Sherry Burkitt, John Burrows, Nancy Sutton, Barbara Wright, Bill White, Councillor Steve Baker, Councillor Roger McMurray Members Absent: Vice Chair: Terry Denyes Staff Present: Director of Parks & Recreation: Jim Millar Manager of Public Works & Environment: Richard Sparham Committee Clerk: Karen Boundy Staff Absent: Fire Chief Lloyd Hutchinson (retiring Feb 2018)
1. Nomination of Chair for 2018
Sherry Burkitt expressed interest to stay on as Chair for 2018. Motion put forth for Sherry to be Chair for 2018 by Roger McMurray; seconded by Nancy Sutton. All agreed. Carried
2. Nomination of Vice Chair for 2018 Through an email to Sherry, Terry expressed interest to stay on as Vice Chair for 2018. Motion put forth for Terry to be Vice-Chair for 2018 by John Burrows; seconded by Bill White. All agreed. Carried
3. Call to Order The meeting was called to order at 6:30. A quorum was present.
4. Approval of Agenda: 23 Jan 18 Resolution CECA-18-01 Moved by: Roger McMurray Seconded by: Barb Wright That the committee approves the agenda as presented. Carried
5. Disclosure of Pecuniary Interest Nil
6. Approval of Minutes
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Resolution CECA-18-02 Minutes dated 28 Nov 17 Moved by: Nancy Sutton Seconded by: John Burrows That the committee approves the minutes as presented. Carried
7. Delegations
Nil
8. Reports/Business:
a) Civic Awards – 28 April 2018 After much discussion, it was decided that the awards will be left as a separate affair rather than combining with Canada Day Karen will get the expenses for 2016 and email to the subcommittee Subcommittee – John, Sherry, Nancy & Barb. They will work on the catering, entertainment, MC, decorating, advertising MC – nothing concrete. MC for 2016 was Dennis Fletcher. Will approach him again. Entertainment: Razz-Ma-Jazz contact Linda Tonkin plus a band to play for about 15 mins – between award presentations. R&R, Stephanie Bird have been used in the past. Need 3 quotes for hot buffet. Country Catering is available for $19.95 per plate. Barb Wright knows of a person who may be interested – she works at Sharp’s in Campbellford – Barb will contact to get details on a quote. Black Dress Catering is another option – Sherry will call them for details on a quote. Jim will put the press release in the paper for next week as per the 2018 civic awards package.
b) Alfred Greg Sports Wall of Honour Keep with Canada Day Do we need a subcommittee? How do we get the word out to get more nominations? Jim will prepare paperwork for the next meeting
c) Concerts in the Park July 4 to Aug 29 2018 Barb has received several emails from past performers wanting to be added to the list this year. Sherry suggested that those who did not get to perform last year get first dibs on performing this year. Limit number of performances by any individual to one.
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Barb will provide a list of potential entertainers for the next meeting. Possibly use the radio to get the word out for bands for concerts in the park for 2018
d) Canada Day
Sunday July 1, 2018 Terry Denyes has expressed interest in having his All Star Band play at Canada Day. Book Fireworks – Nancy will contact Bouncers-R-Us – Sherry will contact Face painting (Mary Atkinson) – Barb will contact MC –Sherry will ask Ian Douglas again for 2018 Look at food vendors: Rotary, Lions’ Club, Harry’s Hots. There needs to be concession for the cadets for their lunch. Need to address issues from last year – ice for snow cones, tickets for cadets, petting zoo location (weather dependant) What can be added to Canada Day??? How did the Canada Day bingo do? Will they do it again this year?
e) Annual Report 2017
Deferred until next meeting
9. Correspondence Nil
10. Next Meeting Date: March 6, 2018 4:30 at the Council Chambers
11. Adjournment
Resolution CECA-18-03 Motion to adjourn: Steve Baker Second: John Burrows All in favour, meeting adjourned at 5:50 Carried
Community Events and Civic Awards Advisory Committee
Meeting Minutes
February 6, 2018 4:30 p.m.
Council Chambers
Members Present: Chair: Sherry Burkitt, Nancy Sutton, Bill White, Councillor Steve Baker Members Absent: Vice Chair: Terry Denyes, Barbara Wright, Councillor Roger McMurray Staff Present: Director of Parks & Recreation: Jim Millar Deputy Clerk: Vicki Kimmett Staff Absent: Fire Chief Lloyd Hutchinson (retiring Feb 2018)
1. Call to Order The meeting was called to order at 4:30 p.m. A quorum was present.
2. Approval of Agenda: 6 February 2018 Resolution CECA-18-04 Moved by: Nancy Sutton Seconded by: Sherry Burkitt That the committee approves the agenda as presented.
Carried
3. Disclosure of Pecuniary Interest
4. Reports/Business: a) To authorize budget for Canada Day and payments to vendors
Resolution CECA-18-05 Moved by: Nancy Sutton Seconded by: Steve Baker
That the Committee authorizes the deposits to vendors for the events to be held on Canada Day.
Carried
5. Next Meeting Date: Tuesday, March 6, 2018 at 4:30 p.m.
6. Adjournment Resolution CECA-18-06 Motion to adjourn: Steve Baker
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Second: Bill White The meeting was adjourned at 4:40 p.m. Carried
The Meeting was held at the municipal build (35 Alice St.) The Meeting was called to order at 6:20 pm. Those Present:Wayne Jefferson, Emily Rowley, Laura Vink, Sandy Pasko, Gina Boyd, Elisa Kruger, Kathryn Corbett. Regrets: Lisa Wamboldt. Guests: Sherry Hamilton (Brighton-Cramahe Chamber of Commerce ), Stephen Ashton, Sarah Hilwerda. Minutes Recorded by Jeanna McGill, DBIA Admin Assistant. Guest Speaker: Sherry Hamilton - Brighton-Cramahe Chamber of Commerce Re: Business Achievement Awards Program.
First year of Awards for local businesses.
11 awards total: Business of the year Cramahe, Business of the year Brighton, New Business Cramahe, New Business Brighton, Agriculture, Not for Profit, Customer Experience, Local Impact, Environmental, Innovation, and Health & Wellness
The Chamber believes there is a need for more recognition of the businesses in our communities. They believe that offering a local awards celebration is a great way to gather people together to celebrate their success.
Approval of the Agenda – Laura Vink, Seconded by Kathryn Corbett. Carried Motion to Approve the minutes of the Nov. 2, 2017 meeting – Emily Rowley, Seconded by Wayne Jefferson. Carried. Business Arising from the minutes :
Art on Main – A letter was sent requesting compensation for outstanding monies. Motion: That the Art on Main (AOM) was formed as a subcommittee of the Brighton Downtown Business Improvement Association (DBIA) : and THAT the Brighton DBIA hereby dissolves the AOM subcommittee effective on this date, Dec.19/2017; and THAT the members thereof shall be released and discharged from all rights, duties, responsibilities, of the Brighton DBIA. - Wayne Jefferson, Seconded by Elisa Krueger. Carried.
Ron Waddling sent a Thank You Card for the flowers. Presidents Report: Christmas Magic in Downtown Brighton events went very well – positive feedback. Vocalese Community Choir – Caroling in the Streets of downtown on Saturday Dec.2nd and Saturday Dec. 16th
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Santa in the Gazebo at Memorial Park on Saturday December 9th Treasurers Report:
Motion to Accept Report: Sandy Pasko, Seconded by Laura Vink. Carried Committee Reports: Municipality : Laura Vink
Budget process starting in January Beautify Brighton: Wayne Jefferson
Lighthouse lights - looking at putting up 2 - 3 additional fixtures and leaving up all year.
5 Winter Planters look great
Meeting was held with Public Works, some items discussed: entry signs, benches, garbage / recycle containers, sidewalk repairs, trees, snow removal, brushing / ditching.
Light up Brighton : Wayne Jefferson
Went Great, Good turn out, cadets served hot chocolate, collected donations. Santa in The Park:
50-60 kids for first event
Girl Guides served hot chocolate. Marketing:
Motion for Yearly Insertion Order (4 issues each) to be placed with The Link, Watershed, County & Quinte Living and Grapevine – Emily Rowley, seconded by Kathryn Corbett. Carried.
Standard ad to be run in all 4 publications for streamlined advertising. New Business: Motion for the DBIA to be a Silver Sponsor of the Brighton-Cramahe Business Achievement Awards – Emily Rowley, Seconded by Elisa Krueger. Carried. Meeting Adjourned: 7:48pm.
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DRAFT
DBIA Minutes Annual General Meeting
Tuesday, January 9th, 2018 Vito's
Brighton, Ontario
Those Present: Sandy Pasko, Wayne Jefferson, Emily Rowley, Gina Boyd, Elisa Krueger, Lisa Wamboldt, Kathryn Corbett, Lorie Boychuk, Kristen Fletcher, Sarah Hilwerda, Keileen Hilwerda, Barb Cotgrove, Holly Trinkwon. Guests: Sherry Hamilton, Amanda Lorbetski. Call to Order at 6:55pm The present board was introduced, as well as all in attendance. Motion to Approve Minutes of 2017 Annual General Meeting – Lorie Boychuk, Seconded by Kathryn Corbett. - Carried. Presidents Report: Sandy Pasko
Continued with increased advertising to promote Downtown
◦ Advertising includes magazines, guides, maps and seasonal newspaper and radio ads
Music on Main Street every Thursday and Saturday (Frank Blanchet and Bert Bowers)
Beautify Brighton
◦ Summer Student did a great job (Aidan McVie)
◦ Beautiful planters and hanging baskets – red and white theme to co-ordinate with Canada 150 celebrations ( Cindergirls and Little Village Nurseries)
◦ New Updated Maps in structures in Memorial Park, Prince Edward Square and Tim Hortons parking lot.
◦ Structures were painted and had new Plexiglas installed.
◦ Pads of tear-off maps distributed to businesses downtown to help direct tourists
Light up Brighton
◦ Successful event on evening of the Santa Clause Parade.
◦ Good attendance and well received
◦ Joyful Noise, Mayor Mark Walas
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◦ Cadets serving complimentary hot chocolate and collected donations for the Brighton Fare Share Foodbank
Christmas Magic in Downtown Brighton days
◦ Vocalese 1st and 3rd Saturday in Dec
◦ Santa in the park 2nd Saturday (both well received)
◦ Girl Guides serving complimentary hot chocolate and candy canes
5 new planters around the Sobeys wall for a cost of approximately $1000.00 (which was a 50% savings from 2016) by Dahlia May Flower Farm
9 snowflakes repaired for approximately $1000.00 (versus replacing with new at a cost of $500-$600 each)
New Business Welcome Package
◦ Package containing handout describing who DBIA is and what we do as well as a copy of the most recent monthly meeting agenda and minutes delivered in person by 2 members of the Board of Directors.
Letter of Intent to Jim Millar at the Municipality for DBIA financial support for the new Gazebo Project.
Art on Main – 4th year as a DBIA event with great response.
◦ Successful grant recipient
◦ Will be run as a private event in 2018
Jamfest - Organized by Frank Blanchet and advertising provided by DBIA. Donations raised will be donated to the new Gazebo project.
Administrative Assistant – hourly rate increased and hours increased to take on more responsibilities to help us be more proactive with communication and efficient with projects and day-to-day administrative tasks (social media, advertising contracts etc)
Changeover in Board of Directors in September Plans for 2018
Constitution, By-laws and Policies to better define our roles, responsibilities and pratices.
◦ Will be a main project for 2018
Support Gazebo Project
Sponsor Brighton-Cramahe Chamber of Commerce Business Achievement Awards
Beautify Brighton
◦ Student – additional funds in budget to purchase more equipment.
◦ Add additional responsibilities
◦ Spring Cleanup
◦ Additional funds in budget for better maintenance of planters and flowers (watering)
◦ Recycling and Waste Containers – review to see if/where additional containers are needed or replaced.
A short presentation was made about the Brighton-Cramahe Business Achievement Awards. Nomination forms were handed out. Award Gala to be held March 21 2018 at the Keeler Centre Colborne.
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Treasures Report: Wayne Jefferson
Funds regarding Advertising were discussed.
Sidewalk repairs discussion
Garbage / Recycling discussion Motion to Accept Report – Lisa Wamboldt, Seconded by Gina Boyd. Carried Motion to Accept 2018 Budget – Gina Boyd, Seconded by Lisa Wamboldt. Carried. Nominations to the 2018 Board of Directors. Sandy Pasko, Emily Rowley, Wayne Jefferson, Gina Boyd, Kathryn Corbett, Sarah Hilwerda, Elisa Krueger, Lisa Wamboldt, Barb Cotgrove. Gina Boyd was nominated for the Secretary position by Sandy Pasko. She Accepted. There was no opposition to nominations, therefore, the Executive will stand as is, Sandy Pasko – President, Emily Rowley – Vice-President & Wayne Jefferson – Treasurer, with the inclusion of Gina Boyd as Secretary. Open Forum:
Lighthouse outdoor light fixtures being lit all year
Can the Main St. “feel” be extended? West of Lola's to maybe Platt St.?
Traffic concerns Prince Edward & Main St. intersection
Traffic concerns Division St & Main St. intersection
Tender Process for winter planters Closing Remarks
New Businesses in the past year:
◦ Rocia Naturals
◦ Rejuv'd Relics
◦ MacKenzie Law
◦ Whole Health
Passing of Melissa Jespersen & Joan Waddling
Meeting dates have been moved to the First Thursday of every month at 5:45 PM. Adjourned: 8:19 PM Next Meeting : February 1 2018, 5:45PM, Municipal Office
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Wednesday, January 17, 2018
Mark Walas
Mayor Municipality of Brighton
The Ontario Good Roads Association is seeking reforms to the Municipal Class Environmental Assessment (MCEA) process. In its current form the MCEA process has made municipal infrastructure projects longer in duration and more costly. The OGRA Board of Directors encourages all municipalities in Ontario to adopt the following resolution that calls on the Minister of the Environment and Climate Change to accelerate the Application for Review of the MCEA process. Links to further background information about the Municipal Class Environmental Assessment process can be found below the resolution.
DRAFT RESOLUTION
Whereas a coalition of the Municipal Engineers Association (MEA) and the Residential and Civil Construction Alliance of Ontario have successfully applied to have a review of the Municipal Class Environmental Assessment process conducted under Part IV (Section 61) of the Environmental Bill of Rights Act, 1993 (EBR Act); And whereas impact studies and public meetings required by the MCEA process often take two years or more to complete before construction can commence; And whereas the MCEA requirements to evaluate alternatives are often not well aligned with prior or municipal land use planning decisions; And whereas analysis by the Residential and Civil Construction Alliance of Ontario (RCCAO) has demonstrated that the time to complete an EA rose from 19 months to 26.7 months and costs went from an average of $113,300 to $386,500; And whereas the Auditor General of Ontario has tabled recommendations for modernizing the MCEA process;
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And whereas in spite of written commitments made by the Ministry of the Environment between 2013-2015, no action has been taken; And whereas local projects that do not have the necessary approvals could lose out on the next intake of Build Canada funding; Therefore be it resolved that Municipality of Brighton requests that the Minister of the Environment and Climate Change take immediate steps to expedite the response process for Part II Orders or Bump-Up requests, as part of the s.61 review to improve MCEA process times and reduce study costs; And further that the Minister of the Environment and Climate Change support changes to better integrate and harmonize the MCEA process with processes defined under the Planning Act; And further that the Minister of the Environment and Climate Change amend the scope of MCEA reports and studies to reduce duplication with existing public processes and decisions made under municipal Official Plans and provincial legislation.
BACKGROUND INFORMATION
The following links provide a comprehensive background of the work that the Municipal Engineers Association and the Residential and Civil Construction Alliance of Ontario have done to advance this issue of MCEA reform.
October 2017 Correspondence from the Municipal Engineers Association and the Residential and Civil Construction Alliance of Ontario to the Hon. Chris Ballard, Minister of the Environment and Climate Change.
ReNew Magazine editorial examining the need to review the Municipal Class Environmental Assessment process
The Development Approval Roundtable Action Plan, November 2017
Meeting Notes from the November 29, 2017 Evolution of the MCEA Workshop.
The MEA Companion Guide for the Municipal Class Environmental Assessment Manual
Are Ontario’s Municipal Class Environmental Assessments Worth the Added Time and Costs? The 2014 Edition
If you have any questions or concerns, please contact Scott Butler, OGRA’s Manager of Policy and Research at 289-291-6472 ext. 24 or via email at [email protected]. Regards,
From: Mark Penney Sent: Thursday, January 25, 2018 7:56 PM
To: Stephen Ashton
Cc: Mayor Mark Walas; Vicki Kimmett; Allen Magee Subject: Re: No Parking on Gross Street
Good Day, It has been 6 months since I emailed my concerns on the new parking ban on Gross St. The situation involves a recent Parking By-Law being passed by Council to not allow any parking on Gross Street. This was due to complaints from some residents, but the full nature of each complaint is not known to me. I have however talked to the By-Law Enforcement Officer, Allen Magee, and I was informed that the complaints were about parking on the street and residents having difficulty in back out of their driveways. Also there was mentioned of an ongoing situation in which one individual has continued to ignore multiple warning for parking violations. I am at a loss as to how this By-Law came into effect without ever being informed that this issue was before the Council or for review. As I spoke with some of the neighbours it became very evident they were not aware to the new By-Law. To me this speaks to the fact that possibly the neighbourhood was not involved in the process. Gross Street has always had parking since 1990, therefore anyone living in or has moved into the neighbourhood should have been aware of the parking arrangements on the street. Not being able to park on the street effects many different areas such as family visits, VON visits, property maintenance personnel and etc. The situation seems to be based on two issues, first certain resident’s difficulty in backing out on to the street; for those residents they should back their vehicles into their driveway. Secondly, the continuous disregard for parking laws (parking too close to a stop sign, parking on sidewalks, etc) or ignoring the Winter Parking Ban should be dealt with by administrative means (fine or tow away the vehicle) to the individual. This new By-Law punishes everyone by taking away the ability to park on the street or even in front of their own homes. I don't believe that the complaints from a few residents or the actions of few individuals warrants this By-Law that effects everyone. I am still waiting to be informed if this law has been reviewed or when it will be reviewed. Please add my concerns and comments to public council agenda under correspondence. Regards, Mark Penney
Page 227 of 228
February 7, 2018
Mayor & Council:
Re: Mac’s Milk Site (6 Elizabeth St.)
I understand that you have reviewed the staff report regarding this site and I don’t think that anyone wants the Municipality to be ultimately responsible for what lies unknown below, and I’m not sure that it’s appropriate to spend taxpayer money to advance this purchase. I accept that fact that until the Official Plan is reviewed, and changed, that a gas station could just appear on this corner at any time. With the land being for sale it’s obvious that Mac’s isn’t in the business of holding land as an investment. This is where we need to think out-of-the-box! Here are a couple of thoughts: What would it look like if the Town approached Mac’s and offered to “lease” the property for a period of time – a year, 5, 10 or more or until it’s sold? I know that you can engage legal phrases that would ensure that the Municipality is indemnified and held harmless – the Town wouldn’t own the property they’d “lease” the property. The Town could then proceed with investing in this eye-sore of a corner. I don’t see it as waste of taxpayer money, even when the property is leased. An amount could be authorized in the budget to “green up” the site and make it the welcoming corner that it can easily become. The space would be maintained by the Town, maybe Mac’s could receive a break on the property tax that the land attracts, or maybe that’s the lease amount?
OR What would it look like if the Town approached Mac’s and asked them to “green-up” the space on the understanding that the Town would maintain the space? This would show that Mac’s is a good corporate citizen and that co-operating with the Town is a win/win for everyone. There would be no investment from the Town and the only expense would be the maintenance of the space. The same opportunity to clean up this eye-sore could be realized at a very reasonable expense. It’s even feasible that Mac’s could be offered “naming” rights for the space – a feather in their cap. Allowing this corner to fester as an eye sore in our Municipality is a disservice to everyone. Take this opportunity to show the leadership that is expected of Council. Offer to work with various partners for the betterment of our Municipality. Respectfully yours,
David Green
David L. Green 14 Lockwood Dr.
Page 228 of 228
EXECUTIVE BOARDCHAIRMANAllan Jones
VICE-CHAIRMANJack O'Brien
SECRETARY-TREASURER Captain Debra St. Gelais
DIRECTORS
Inspector (ret) Gary Coulter
Colonel (ret) Bruce Ewing
Major (ret) William Graydon
Jennifer Hewitt
Lieutenant (ret) Philip Osanic,
Barrister & Solicitor
ADVISORY BOARDCHAIRMAN
Master Warrant Officer (ret)Terence Cottrell
Colonel (ret) Michael Barr
Major Thomas Burke
Lieutenant-Colonel (ret)Robert Chamberlain
Major General (ret) Walter Holmes
Lieutenant-CommanderSusan Long-Poucher
The Honourable Peter Milliken, MP (ret)
Colonel (ret) George Oehring
Brigadier-General (ret)William Patterson
Colonel (ret) John Roderick
Honorary-Colonel (ret)A. Britton Smith, MC, QC
Fellow Canadians;
As chairman of the Board of Directors of the National Wall ofRemembrance Association (NWRA), I would like to thank you personally for your support of our project.
We believe that Canadians who gave the supreme sacrifice in defense of our great countrydeserve a single place of recognition here at home. Our plan to build this unique memorialis a self-funding ambitious endeavour to create such a memorial in Kingston, Ontario. It will incorporate the names of every Canadian who fell in every conflict of record, includingthe war of 1812. It will contain a virtual component that will have a search function withinformation available to us including names, photographs and biographies. This virtualaspect will be updated as we receive information from researchers and family members ofour fallen heroes.
We have chosen Kingston as the home for the memorial for its impressive military historyand the city’s location on the main travel route between Ottawa, Montreal and Toronto.Kingston is a tourist destination due, in part, to its strong military connections. Theseinclude The Royal Military College established in 1874, HMCS Cataraqui, one of Canada’sleading naval reserve units, Fort Frontenac, founded in 1673 and Old Fort Henry, anational historic site.
Our advisory board, formed to ensure success, is a blue-ribbon panel of mainly retired seniormilitary officers, their 400 years of combined service to Canada is without equal anywhere.
We invite you to visit our website at www.worassociation.ca for more information, and to keepin touch with our progress. This endeavour will be something all Canadians will be proud of -a gift to last - a national monument of international significance. Once again, thank you foryour support.