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HomeMy WebLinkAboutDecember 15, 2016 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 15, 2016 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Open House Notice to celebrate Retirement of Lynda Millard 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 1, 2016 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 2016 Council Agenda December 15, 2016 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Tay Valley Township re Hydro One's Strategy Regarding Hydro Costs B. Elgin County re 911 Primary Public Safety Answering Position Contract C. Call for Nominations for Canada's Volunteer Awards D. Guy Caron re Unfair Taxation on Family Business Transfers E. SCOR Delegation Summary 11.1.2 Requiring Action A. Elgin County re School Zone Signage B. Bayham Historical Society Report to Council 11.2 Reports to Council A. Report CAO-78/16 by Paul Shipway, CAO re East Beach Washrooms — Parking Capital Project B. Report CAO-84/16 by Paul Shipway, CAO re East Pier Bench Program C. Report CAO-85/16 by Paul Shipway, CAO re RFT 16-05 Four New Pickup Trucks D. Report CAO-86/16 by Paul Shipway, CAO re RFT 16-06 Portable Washroom Supply Placement & Cleaning E. Report CAO-87/16 by Paul Shipway, CAO re Trans Canada Trail — Bayham Drive Bridge F. Report CAO-88/16 by Paul Shipway, CAO re Doors Open East Elgin 12. BY-LAWS A. By-Law 2016-101 Being a By-law to Authorize the Writeoff of Taxes B. By-Law 2016-105 Being a By-law to Adopt a Bayham Bench Program and Bayham Bench Program Sponsorship Policy (This by-law follows the recommendation made in Report CAO-84/16 by Paul Shipway, CAO during the regular meeting of Council of December 15, 2016) 2016 Council Agenda December 15, 2016 C. By-Law 2016-106 Being a By-law to repeal By-Law 2013-110, as amended, being a By- law to appoint Municipal Officers and Employees for the Municipality of Bayham D. By-Law 2016-107 Being a By-law to Adopt a Use of Corporate Resources for Election Purposes Policy (This by-law follows the recommendation made in Report CAO-82/16 by Paul Shipway, CAO during the regular meeting of Council of December 1, 2016) E. By-Law 2016-108 Being a By-law to Authorize the Execution of an Operating and Maintenance Lease Agreement between The Municipality of Bayham and Straffordville Hall Foundation (This by-law follows the recommendation made in Report CAO-69/16 by Paul Shipway, CAO during the regular meeting of Council of November 3, 2016) F. By-Law 2016-109 Being a By-law to Authorize the Execution of an Agreement between the Municipality of Bayham and Affordable Portables. (This by-law the recommendation made in Report CAO-86/16 by Paul Shipway, CAO during the regular meeting of Council of December 15, 2016) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (9344 Plank Road) B. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Port Burwell Parking) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-110 Being a By-law to confirm all actions of Council 16. ADJOURNMENT PLEASE JOIN US IN CELEBRATING LYNDA MILLARD ' S RETIREMENT AFTER 29 YEARS WITH THE MUNICIPALITY OF BAYHAM OPEN HOUSE 1 :00 PM - 4:00 PM JOIN US TO REMINISCE, CELEBRATE AND FRIDAY, JANUARY 20, 2017 CONGRATULATE LYNDA ON HER VIENNA COMMUNITY CENTRE DISTINGUISHED 26 FULTON STREET, VIENNA MUNICIPAL CAREER. FOOD AND LIGHT REFRESHMENTS WILL BE SERVED. BEST WISHES ONLY. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, December 1, 2016 7:00 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER RANDY BREYER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY DEPUTY CLERK/PLANNING COORDINATOR MARGARET UNDERHILL CLERK'S ASSISTANT BRENDA GIBBONS 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m.. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board added as Item 14.1-C (31 Elizabeth Street) 4. ANNOUNCEMENTS A. Port Burwell Santa Claus Parade is Saturday, December 3, 2016 leaving from the Legion at 6:30 p.m. B. Straffordville Lighting of the Lights is Friday, December 2, 2016 at 6:00 p.m. in the Parkette. C. Straffordville Santa Clause Parade is Saturday, December 10, 2016 leaving from the School at 10:30 a.m. 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 17, 2016 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the minutes of the regular meeting held November 17, 2016 be adopted. CARRIED 2016 Council Minutes December 1, 2016 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES—SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-48/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Consent Applications E81/16 and E82/16 Schroyens Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-48/16 regarding Consent applications E81/16 and E82/16 Schroyens be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E81/16, submitted by Frank and Monique Schroyens be granted subject to the following conditions: 1. Rezoning of the severed parcel to recognize parcel under 40 hectares 2. Planning report fee payable to the municipality 3. Copy of the final survey— paper and digital AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E82/16, submitted by Frank and Monique Schroyens be granted subject to the following conditions: 1. Rezoning of both the severed and retained parcels as per Official Plan policies for surplus farm dwelling severances and to recognize the retained parcel's reduced lot frontage of less than the minimum required in the zoning by-law 2. Purchase of civic number sign for the retained parcel 3. Planning report fee payable to the municipality 4. Copy of the final survey— paper and digital CARRIED 2016 Council Minutes December 1, 2016 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Long Point Region Conservation Authority Media Release re LPRCA looking for Nominations for New Conservation Stewardship Award B. Township of Georgian Bay re Accommodation Review Process C. Township of Georgian Bay re Hydro Cost for Rural Residents D. Township of South Stormont re Pupil Accommodation Review E. Town of Aylmer re Terrace Lodge Fundraising Committee F. Township of Malahide re Terrace Lodge Fundraising Committee G. Township of Madawaska Valley re Bill 7, The Promoting Affordable Housing Act, 2016 H. Township of McKellar re Municipal Fire Service I. Town of Pelham re Improving Ontario's Intensive Therapy Funding/Service for Children with Autism J. Ministry of Finance re Ontario Municipal Partnership Fund (OMPF) 2017 Allocations K. John Corboy, Port Burwell Public School Council re Parking Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT the Council of the Corporation of the Municipality of Bayham receive correspondence item regarding the Pupil Accommodation Review from the Township of South Stormont for information; AND THAT the policy issued by the Ontario Ministry of Education on March 26, 2015, deleting the requirement that local school boards take into consideration the social, economic or geographic implications of school closures, be immediately reviewed, given the devastating impact this policy has on rural schools. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence items 11.1.1-A— 11.1.1-K be received for information. CARRIED 2016 Council Minutes December 1, 2016 11.1.2 Requiring Action A. Long Point Region Conservation Authority re 30-Day Notice to Affected Municipalities — 2017 Draft LPRCA Budget Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Long Point Region Conservation Authority 2016 Draft LPRCA Budget be received for information. CARRIED 11.2 Reports to Council A. Report CAO-73/16 by Paul Shipway, CAO re Electoral Ward Composition Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-73/16 re Electoral Ward Composition be received for information. CARRIED B. Report CAO-76/16 by Paul Shipway, CAO re Road Closure —Godby Road Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-76/16 re Road Closure—Godby Rd. be received for information; AND THAT Council direct staff to conduct permanent road closure activities as outlined in the Notice By-law on the portion of Godby Rd. outlined in Appendix 'A' AND THAT staff be directed to report back to Council at the January 19, 2017 meeting of Council. CARRIED C. Report CAO-77/16 by Paul Shipway, CAO re Road Closure— Bayham Drive Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-77/16 re Road Closure — Bayham Drive be received for information; AND THAT Council direct staff to conduct permanent road closure activities as outlined in the Notice By-law on the portion of Bayham Drive outlined in Appendix 'A' AND THAT staff be directed to report back to Council at the January 19, 2017 meeting of Council. CARRIED 2016 Council Minutes December 1, 2016 D. Report CAO-79/16 by Paul Shipway, CAO re Accessibility Plan Update —Status Report Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-79/16 re Accessibility Plan Update—Status Report be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to amend the Municipality of Bayham Accessibility Plan — Policies; AND THAT the Municipality of Bayham Accessibility Plan — Policies be posted on the municipal website. CARRIED E. Report CAO-82/16 by Paul Shipway, CAO re Use of Corporate Resources for Election Purposes Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-82/16 re Use of Corporate Resources for Election Purposes by received for information; AND THAT Council direct staff to bring forward a by-law to adopt the Use of Corporate Resources for Election Purposes Policy for Council consideration. CARRIED 12. BY-LAWS A. By-Law 2016-103 Being a By-law to Amend By-Law 2015-040 to Adopt Accessibility Plan— Policies Under The Accessibility of Ontarians With Disabilities Act, 2005 (This by-law follows the recommendation made in Report CA0-79/16 by Paul Shipway, CAO during the regular meeting of Council of December 1, 2016) Moved by: Councillor Casier Seconded by: Councillor Breyer THAT By-Law 2016-103 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. The Elgin St. Thomas Municipal Association has ceased to exist. 2016 Council Minutes December 1, 2016 14.1 In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Council do now rise to enter into an "In Camera" Session of the Committee of the Whole at 7:40 p.m. to discuss: • Advice that is subject to solicitor-client privilege, including communications necessary for that purpose; • Personal matters about an identifiable individual including municipal or local board employees. • Proposed or pending acquisition or disposition of land by the municipality or local board CARRIED A. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Sanitary Sewer Connection) B. Confidential Report regarding personal matters about an identifiable individual including municipal or local board employees (Human Resources) C. Confidential Item regarding a proposed or pending acquisition or disposition of land by the municipality or local board (31 Elizabeth Street) 14.2 Out of Camera Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Committee of the Whole do now rise from the "In Camera" session at 8:12 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-104 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT confirming By-law 2016-104 be read a first, second and third time and finally passed. CARRIED 2016 Council Minutes December 1, 2016 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 8:14 p.m. CARRIED MAYOR CLERK ..... .... .$ ray Vafley TownshIp ...,..„,,,,.„,,,.....„.„,,,„,, November 25th, 2016 The Honorable Kathleen Wynne, Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 premierontario.ca Dear Honorable Wynne: RE: Hydro One's Strategy Regarding Hydro Costs. The Council of the Corporation of Tay Valley Township at its Council meeting on November 8th, 2016 adopted the following resolution: RESOLUTION #C-2016-11-12 "WHEREAS, there is inequity between the cost of hydro for rural residents as compared to urban residents due to higher distribution charges; AND WHEREAS, this practice targets and negatively affects rural residents, especially those who are already unable to pay for the high cost of hydro; NOW THEREFORE BE IT RESOLVED THAT, the Council of Tay Valley Township request the Province of Ontario to re-evaluate the structure of hydro in terms of access to delivery and implement structural changes to address the unfair practice of charging more for delivery to rural residents; AND THAT, this resolution be circulated to Kathleen Wynne, Premier of Ontario, Rural Ontario Municipalities Association (ROMA), Ontario Municipalities, Ontario Small Urban Municipalities (OSUM), and the Association of Municipalities of Ontario (AMO)." If you require any further information, please do not hesitate to contact the undersigned at (613) 267-5353 ext. 130 or clerks tayvalleytwp.ca. Tay Valley Township 217 Harper Road,Perth,Ontario I171H1 3C6 www.tayvalleytwp.ca Fax:(613)-264-8516 Phone:(613)-267-5353 IN AREA CODE(613)1-800-810-0161 a a e owns i Sincerely, Janie Laidlaw, Acting Clerk cc: Lynn Dollin, President, Association of Municipalities of Ontario (AMO) Ronald Holman, Chair, Rural Ontario Municipalities Association (ROMA) Ontario Municipalities Ontario Small Urban Municipalities (OSUM) Tay Valley Township 217 Harper Road,Perth,Ontario K7H 3C6 www.tayvalleytwp.ca Fax:(613)-264-8516 Phone:(613)-267-5353 IN AREA CODE(613)1-800-810-0161 ,„ 1 7,./°.°11* Elg . November 28, 2016 To: Elgin County Municipal Partners Re: 911 Primary Public Safety Answering Position Contract Please be advised that Elgin County Council adopted the following resolution at its meeting held on November 22, 2016: "THAT the report titled "911 Primary Public Safety Answering Position (PPSAP) Contract Extension" be received and filed for information; and, THAT the report be circulated to the City of St. Thomas and the County's Municipal Partners for their information; and, THAT the Warden and Chief Administrative Officer be authorized to sign the amending agreement. - Carried. (signed) Warden Bernie Wiehle" The County of Elgin has renewed the contract for front line 911 services for an additional three years with Northern Communication Services. The report titled "911 Primary Public Safety Answering Position (PPSAP) Contract Extension (2017-2019)" is attached for ease of reference. If you have any questions please contact Deputy Director of Engineering Services Peter Dutchak (pdutchak@elgin.ca). Yours truly, t146(idQA., ,irk,_.Q q/1\00\4( 01-Nt Katherine Thompson, Marketing and Communications Coordinator Enclosure cc Wendell Graves, City Manager, City of St. Thomas Peter Dutchak, Deputy Director of Engineering Services, County of Elgin County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca Progressive by Nature Elriz._cn : = REPORT TO COUNTY COUNCIL F.=e:;iL°siff'_Cir'3f•r FROM: Peter Dutchak, Deputy Director of Engineering Services Mike Hoogstra, Purchasing Coordinator DATE: October 27, 2016 SUBJECT: 911 Primary Public Safety Answering Position (PPSAP) Contract Extension (2017-2019) INTRODUCTION: The current contract for 911 Primary Public Safety Answering Position (PPSAP) services is with Northern Communication Services. This contract provides for front line 911 services. When someone dials 911, the call is answered by Northern Communication Services and transferred to the appropriate police, fire or ambulance service. DISCUSSION: A Request for Proposal was issued by the County on behalf of the Municipal Partners and the City of St. Thomas in 2010. The contract term was a three year term beginning in December 2010. The contract also allowed for options to renew for two consecutive three (3) year terms. The contract was renewed in 2014 at no additional cost. Northern Communication was asked to provide information for the final renewal period. Northern Communication is requesting an increase of approximately two percent over the 2010 rate which was $0.45 per resident. The rate beginning in 2017 is $0.46 per resident. Based on population numbers used in the original RFP, the breakdown per municipality is as follows: Municipality 2010 Annual Rate 2017 Annual Rate ($0.45/resident) ($0.46/resident) City of St. Thomas $16,249.50 $16,610.60 Town of Aylmer $3,181.05 $3,251.74 Municipality of Bayham $3,027.15 $3,094.42 Municipality of Central Elgin $5,725.35 $5,852.58 Municipality of Dutton-Dunwich $1,722.60 $1,760.88 Township of Malahide $3,972.60 $4,060.88 Township of Southwold $2,125.80 $2,173.04 Municipality of West Elgin $2,407.05 $2,460.54 Total Contract Amount: $38,411.10 $39,264.68 Costs for this service contract are billed directly to each Municipality in January of each year. It should be noted that the City of St. Thomas has asked that a clause be added to the amending agreement allowing the City to exit the contract on 12 months notice should they decide to take the services in house. Northern Communication Services is agreeable to this and the clause will be included in the amending agreement. CONCLUSION: The contract for 911 Primary Public Safety Answering Position Services is being renewed for a three year term. Staff have no issues with the services being provided by Northern Communication Services. A new RFP will be developed in early 2019 and will be in place prior to the expiry of this contract which is December 31, 2019. RECOMMENDATIONS: THAT the report titled "911 Primary Public Safety Answering Position (PPSAP) Contract Extension" be received and filed for information; and, THAT the report be circulated to the City of St. Thomas and the County's Municipal Partners for their information; and, THAT the Warden and Chief Administrative Officer be authorized to sign the amending agreement. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer Mike Hoogstra Purchasing Coordinator Submit a nomination now for Canada's Volunteer Awards! Dear Sir or Madam: The 150th anniversary of Canada's Confederation is fast approaching. During this celebration year, it is important to acknowledge that our country would not be the same without the work of volunteers. We would like to recognize the important work of volunteers across the country. The call for nominations for Canada's Volunteer Awards is now open until February 3, 2017. You are invited to: • nominate a not-for-profit organization, an individual, a group or a business who is making a difference in their community to receive an award; and • promote the call for nominations to your stakeholders. Awards will be presented in the following categories: • One (1) national award — Thérèse Casgrain Lifelong Achievement Award; • Five (5) regional awards — Emerging Leader, for young volunteers aged 18 to 30; • Five (5) regional awards — Community Leader, for individuals or groups of volunteers; • Five (5) regional awards — Business Leader, to recognize businesses that demonstrate social responsibility; and • Five (5) regional awards — Social Innovator, to recognize the contributions of not-for-profit organizations. Award recipients will be recognized at a ceremony and will be able to choose a not-for- profit organization to receive a grant of $5,000 (regional awards) or $10,000 (national award). Help highlight Canada's volunteer culture! Nominate a volunteer, not-for-profit organization or business in your community today! For more information about the Awards, please visit Canada.ca/volunteer-awards or call 1-877-825-0434. Follow us on Twitter! #madeadifference 410, Employment and Errmploi et • Social aevetopmenl Canada Ceveloppement social Canada Cartacig rw i ,, Chambre des Communes ®.,House of Commons t_ CANADA : Ending unfair taxation on E, family business transfers Ottawa Bill C-274 Piece 718 i Edifice de la Confederation „ 1 Ottawa(Ontario) \ K1A 0A6 Tel.:613-992-5302 Rimouski Ending unfair taxation on family business transfers 140,rue Saint-Germain Bill C-274: Transfer of small business, family farm or fishing operation suite 109 Rimouski(Québec) G5L 4B5 Tel.:418-725-2562 Dear Sir/Madam: Degelis I am pleased to write to you today to ask for your support for my Private Member's 749,7e rue Ouest, Bill to end unfair taxation on family business transfers. The vote will take place Degelis,(Quebec) Winter 2017. G5T 1Y9 Tel:418-894-6962 Bill C-274 seeks to facilitate the transfer of small businesses, family farms and fishing operations between members of the same family. Specifically, it would give it owners and buyers in the same family the same rights and privileges extended to non-related persons involved in a transaction. -; In Canada, when an individual sells a business to a family member, the difference between the sale price and the price originally paid is considered a dividend. If the individual sells the business to an unrelated person, it is considered a capital gain. Guy That makes it highly disadvantageous to transfer a business to a family member a *♦ because the transaction does not include the right to a lifetime exemption and is VCS more heavily taxed. This unfair situation penalizes our small businesses, family Depute/Member of farms and fishing operations. Parliament Rimouski-Neigette— Owners of small businesses, family farms and fishing operations all agree that Temiscouata—Les current tax rules discourage the transfer of their businesses to their children. Basques Bill C-274 would remedy that by helping to ensure local businesses remain in the Guy.Caron©parl.gc.ca hands of local people. Not only would this legislation protect family businesses, but it http://guycaron.npd.ca would also create local jobs. Ottawa Since introducing my bill in the spring, I have received support from numerous Room 718 farming, fishing and small business organizations, as well as from chambers of Confederation Building Ottawa,Ontario commerce across the country: K1A 0A6 Tel.:613-992-5302 "Many small business owners are telling us that tax rules discourage them from passing on Rimouski their firm to their children. Mr. Caron's bill addresses this unfairness and will help small business owners ensure their firm remains locally owned,creating and protecting local jobs." 140 Saint-Germain Street, Dan Kelly, President,Canadian Federation of Independent Business Suite 109 Rimouski,Quebec 'Simply put,if taxation barriers aren't addressed, we will see fewer and fewer family farms in G5L4B5 Canada. We support Mr. Caron and his colleague's commifnept to addressing these tax Tel.:418-725-2562 burdens that could cause significant administrative burn co�tt.i. .." Degelis Ron Bonnett,President,Canadian Federati n-of Agriculture 749,West St.Degelis, �1 ARS `` (Quebec) "Bill C-274 will mean security for many of our:members who have already begun the steps to G5T 1Y9 transfer their business to one of their childrtelts absurtd tat the ct,r it rules do not give Tel:418-894-6962 business owners any incentive to keep their business r)the fa)j17y:4Magy of our convenience store owners with well-established community businesses want to sell to their children but have to pay more tax when they do. It's high time to change the rules."[Translation] Yves Servals, Director General,Association des marchands depanneurs et epiciers du Québec Together, we can demand that lawmakers change these unfair rules. That means we need the support of your MP. Enclosed you will find a letter that you can sign and return to your MP as well as the Minister of Finance, Bill Morneau. No postage is required. You can also find more information about the bill at http://guycaron.ndp.ca/bill-c-274- family-business-transfers (questions and answers, online petition, reply card and comments form). It is time to level the playing field to ensure the survival of our small businesses, family farms and fishing operations. If you have any questions or comments, feel free to contact me at 613-992-5302 or guy.caron @ parl.gc.ca. Sincerely, 0 kw Guy Caron Member of Parliament for Rimouski—Neigette—Temiscouata—Les Basques Finance Critic Atlantic Canada Opportunities Agency Critic Fisheries, Oceans and Canadian Coast Guard Assistant Critic • Name of MP: Name of riding: House of Commons Ottawa, Ontario K1 A 0A6 Bill C-274: Transfer of small business, family farm or fishing operation Dear Member of Parliament: I am writing to ask that you support Bill C-274, Guy Caron's Private Member's Bill. Bill C-274 seeks to facilitate the transfer of small businesses, family farms and fishing operations between members of the same family. Specifically, it would give owners and buyers of the same family the same rights and privileges extended to non-related persons involved in a transaction. In Canada, when an individual sells a business to a family member, the difference between the sale price and the price originally paid is considered a dividend. If the individual sells the business to an unrelated person, it is considered a capital gain. That makes it highly disadvantageous to transfer a business to a family member because the transaction does not include the right to a lifetime exemption and is more heavily taxed. This unfair situation penalizes our small businesses, family farms and fishing operations. It is time to level the playing field to ensure the survival of family businesses. Your support for Bill C-274 at second reading is essential to end this unfair tax, which is threatening the survival of local business. As a member of Parliament, you have an opportunity to end this unfair treatment while protecting family businesses and contributing to local job creation. I am counting on your support. Sincerely, Name: Name of business or organization: Address: Telephone number/email address: c.c.: Guy Caron (Member of Parliament for Rimouski-Neigette—Temiscouata—Les Basques and NDP Finance Critic) Bill Morneau (Minister of Finance) south central ontario region j, SC 0K 3 eetmomic development corporation South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G 0C4, P: 519-842-6333 F: 519-842-7123 E: gm(a�scorregion.com vy�W ,c Orrf)(Toil corn www.scorbusinessportal.com November 9, 2016 Mayor Enns 9344 Plank Rd, Straffordville, ON NOJ 1Y0 Dear Mayor Enns; On behalf of the entire Board of South Central Ontario Region Economic Development Corporation (SCOR EDC) I would like to thank you and the entire council, for allowing us to present to Council. The initial vision of the five counties to partner and commit to a shared vision to the year 2020 has made SCOR a strong region and one that is held up as a model for other communities and regions to work together. SCOR EDC continues to focus on issues that will help us maintain our competitive edge and attract a diverse mix of investment to the region. We continue to be a strong voice for small urban and rural communities. Our positions and input are now sought after by upper levels of government. We have established ourselves as a well-known entity and region which has gone far to contribute to our prosperity. As I mentioned in our partner delegation we feel we have listened to your concerns and adapted accordingly. We have adjusted our partner ask from $5,000 to $3,000 and are asking for a two year com- mitment. This will give the corporation stability in operations and allow us to further leverage funding to continue to give you the best return on investment. Our focus continues to be on advocacy within our three priority areas: 1. Infrastructure supporting economic development 2. Human Capital supporting economic development 3. Sector Development : focusing on agriculture and food Thank you once again for your time and continued support. Sincerely, „ o Stephen Molnar Chair SCOR EDC COUNTY OF �Ot1t,.,,,,, g` sex NOT « !r, ordCounty [o u n t y El inCoun ,,4 Progressive by Nature graving stronger...together E1ginCourT November 28, 2016 To: Elgin County Municipal Partners Re: School Zone Signage Please be advised that Elgin County Council adopted the following resolution at its meeting held on November 22, 2016: "THAT a consistent roadway signing policy be implemented at each school zone along an Elgin County road as follows: All school zones adjacent to a county road are posted at 50km/h, unless otherwise directed by the municipality to lower the speed limit to 40km/h, have oversized (80cm x 80cm) florescent yellow School Area signs and are signed as Community Safety Zones from September 1st to June 30th annually; and, THAT each municipality be requested to provide a list of schools along County roads in their communities; and, THAT each municipality indicate the need and desire to have a Community Safety Zone established at schools in their communities adjacent to County roads, and whether or not 50km/h or 40km/h speed zones are required. - Carried. (signed) Warden Bernie Wiehle" Elgin County Council believes that a consistent roadway safety policy implemented in school zones across the County will help to ensure the safety of Elgin County children. In order to implement this policy, the County of Elgin respectfully requests that your municipality provide us with answers to the following three inquiries: 1. A list of schools in your municipality adjacent to Elgin County Roads; 2. The need and desire to have Community Safety Zones established at these schools; and, 3. Whether the municipality desires the speed limit in these zones to be 40 km/h or 50 km/h. . . . 2 County of Elgin Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-6314460 www.elgincounty.ca Progressive by Nature Elgin County Municipal Partners - 2 - November 28, 2016 The report titled "School Zone Signage" is attached for ease of reference. If you have any questions please contact Deputy Director of Engineering Services Peter Dutchak (pdutchak(c�elgin.ca). Yours truly, *C( .1\QAA. qk.,0'.\N3'4CD( Katherine Thompson, Marketing and Communications Coordinator Enclosure cc Peter Dutchak, Deputy Director of Engineering Services, County of Elgin //es- _ 1ilzCl:n REPORT TO COUNTY COUNCIL P'1tir,L•3si}:ter it_r•ra FROM: Peter Dutchak, Deputy Director of Engineering Services DATE: November 4, 2016 SUBJECT: School Zone Signage INTRODUCTION: At the October 18th, 2016 meeting of County Council a report was presented in response to a letter from the Port Stanley Community Policing Committee requesting additional safety signage for the Port Stanley Public School on Carlow Road. The following resolution was passed: THAT staff be directed to prepare a report for Council's consideration on the costs for establishing community safety zones; and, That the OPP be requested to increase traffic enforcement on Carlow Road near Port Stanley Public School immediately; and, THAT each municipality be requested to provide feedback on the need and desire for Community Safety Zones at schools in their communities; and, THAT the presentation titled "Signage on Carlow Road in Front of Port Stanley Public School/Port Stanley Arena" from the Port Stanley Community Policing Committee and the staff report titled "Safety Signage at Port Stanley Public School and Arena" from the Director of Engineering Services, dated September 28, 2016, be received and filed. This report provides options for school zone signing in order to create a consistent signing scheme for all schools along county roads. DISCUSSION: There are 12 schools known to staff that are adjacent to Elgin County roads. Each one of these school zones has consistent signage. Specifically, each school has florescent yellow School Area signs and the road is posted at a maximum 50km/h speed limit. In addition, 4 schools are also Community Safety Zones - Dutton/Dunwich Public School, Springfield Public School, McGregor Public School in Aylmer and New Sarum Public School. These areas are currently signed as 50km/h with Community Safety Zone designations. Currently, no additional road signage is automatically warranted in any school zone adjacent to an Elgin County road, however, options for additional signage and/or lowered posted speed limits are available to County Council. Community Safety Zones Community Safety Zones are identified by signage and a by-law to inform drivers that they are entering a zone that the community has designated as an area where driver vigilance is paramount. Fines under the Highway Traffic Act may be doubled within these zones. Ideally, there should be documented evidence that public safety is of special concern in the area considered for a "Community Safety Zone". Police enforcement is integral to modify driving behaviours through an area. "Community Safety Zone" signs are dismissed by the driver if the road itself and its adjacent land use do not communicate to the driver that this section of roadway is obviously different. County Council established the following warrant criteria to establish a Community Safety Zone: THAT all future requests for Community Safety Zones use the following policy to determine if the zone is warranted: In order for the establishment of a Community Safety Zone the area must comply with 3 out of 4 of the following criteria: • Minimum traffic volume of 2,500 vehicles per day • High truck traffic (>5%) • High volume of children/seniors crossing the road or walking on the shoulder of the road where sidewalks are not present (school or seniors home near or within area) • Poor sight distance for the posted speed limit. THAT regardless of this policy, Council may elect to grant requests received by local municipal councils at any time so long as all costs are borne by the requesting municipality. Although all school zone areas do not automatically warrant the establishment of Community Safety Zones, Council may choose to implement them if requested by local municipal councils and at their cost. The cost to implement Community Safety Zones at the remaining 8 schools adjacent to Elgin County roads is estimated at $10,000. Community Safety Zone area by-laws may specify hours, days and months of the year when the by-law is in effect. Reduced Speed Zones — 40km/h As noted above, every school zone along a County road is posted at 50km/h. Some communities have established 40km/h reduced speed zones in every school zone. Other jurisdictions have only reduced speed at schools within built-up communities, and not in rural school areas where students are predominantly bussed. Jurisdictions that have implemented 40km/h school zones cite the clear link between slower speeds and fewer crashes and injuries to pedestrians. Drivers will always tend to drive at a speed that feels safe and comfortable travelling based upon the road conditions and roadside environment. Establishing a 40km/h reduced speed along some locations may not automatically be adhered to by drivers, therefore, police enforcement will play a key role in the successful implementation and ongoing effectiveness of lowered speed zones in school areas. The cost to implement a 40km/h reduced speed zone policy across the 12 schools on county roads would be approximately $15,000. Reduced Speed Zones — 40km/h "When Flashing" An option exists to install a reduced speed zone system with flashing beacons during times of the day when students arrive and depart the school. The advantage of this system is that traffic moves past the school at normal speeds most of the time. At critical times when students are arriving and departing the school, flashing beacons fixed upon 40km/h "When Flashing" signs are activated, signalling increased awareness to motorists. The main disadvantage of this type of system is cost and maintenance. Staff obtained a quote to install a solar powered system with cellular communication to program the timer and calendar to correspond with school timing for a price of $40,000 per school zone and therefore this option is not recommended due to a nearly $500,000 initial cost to implement at all schools adjacent to county roads. In addition, one study concluded that the increased effectiveness of a flashing beacon system as compared to a continuous 40km/h zone (sign only) is not necessarily greater. In contrast, the placement of signs without the flashing lights results in the 40 km/h speed limit being in effect at all times. School playgrounds attract community activity during non-school times, therefore, maintaining a lower speed limit at all times may be beneficial. School Zones adjacent to County Roads Signing Policy - Summary of Options Current Practice All school zones adjacent to a county road are posted at 50km/h and have high intensity reflectivity florescent yellow School Area signs (blue signs are standard). Option #1 —Add Community Safety Zone signage All school zones adjacent to a county road are posted at 50km/h, have oversized (80cm x 80cm) florescent yellow School Area signs and are signed as Community Safety Zones. This would require 8 additional school zones to be established as community safety zones along with preparing corresponding by-laws. Staff recommends that the Community Safety Zone be in effect from September 1st to June 30th annually. Existing School Area signs would be replaced with larger ones. The cost to implement this option is estimated at $12,500. Option #2 — Reduce Speed to 40km/h and add Community Safety Zone signage All school zones adjacent to a county road are posted at 40km/h, have oversized (80cm x 80cm) florescent yellow School Area signs and are signed as Community Safety Zones. This would require 8 additional school zones to be established as Community Safety Zones along with preparing corresponding by-laws. It is recommended that the Community Safety Zone be in effect from September 1st to June 30th annually. This would also establish 12 new 40km/h reduced speed zones. Staff recommends the 40km/h zones extend 150m beyond the school property limits. Existing School Area signs would be replaced with larger ones. The cost to implement this option is estimated at $27,500. Of these two options, staff recommends Option #1 at an estimated cost of $12,500 funded from the anticipated capital surplus in the Intersection Signs Replacement project (#62601601). As stated above, this option would consistently sign all county road school areas with larger florescent yellow School Area Signs and designate all school zones as Community Safety Zones from September 1st to June 30th annually. Once this signing scheme is implemented its effectiveness can be monitored. The opportunity to additionally implement 40km/h reduced speeds zones across all schools will always be available to Council at any future time. CONCLUSION: At present, every school adjacent to an Elgin county road has florescent yellow School Area Signs and is posted at 50km/h. Four schools are also signed as Community Safety Zones. No additional signage is automatically warranted in school zones. Council has the option to provide additional signage on roadways in school zones and this report has provided some information on these options. Staff has recommended that Option #1 be implemented across all schools adjacent to county roads at this time. Council has also directed staff to request municipalities to provide feedback on the need and desire for Community Safety Zones at schools along County roads in their communities. This will be done once County Council approves what type of signage scheme should exist. RECOMMENDATIONS: THAT a consistent roadway signing policy be implemented at each school zone along an Elgin County road as follows: All school zones adjacent to a county road are posted at 50km/h, have oversized (80cm x 80cm) florescent yellow School Area signs and are signed as Community Safety Zones from September 1st to June 30th annually; and, THAT each municipality be requested to provide a list of schools along County roads in their communities; and, THAT each municipality indicate the need and desire to have a Community Safety Zone established at schools in their communities adjacent to County roads. All of which is Respectfully Submitted Approved for Submission Peter Dutchak Mark G. McDonald Deputy Director of Engineering Services Chief Administrative Officer Bayham Historical Society Report to Council Municipality of Bayham December 15,2016 Mayor Ens and Council Thank you for the opportunity to update you on the activities of the former"Friends of Edison"who have become the moving force behind the Bayham Historical Society. At a meeting held on November 8, the former executive of the Bayham Historical Society resigned and elections were held to form a new executive. I was duly elected President and the positions of Vice- President,Treasurer and Secretary were also filled. This means that the former "Friends of Edison" are now a legal entity, the Bayham Historical Society, which means they have standing with the Canada Revenue Agency as an organization with charitable status. The move means that to answer Councilor Ketchabaw's question of October 6th—"Do they even want the stuff,the response is twofold. First the"they" is the Bayham Historical Society and secondly yes they want the stuff. The group has been searching and has a pending opportunity for a rental agreement on storage space for the artifacts, which means discussions can commence on the transfer of the artifact and document collections.The selected site meets with the support of the current Municipal Curator. The ultimate goal of the group is to establish a museum on the lands on Plank Road. It is going to be an ambitious undertaking and at the current time the group is endeavouring to ascertain the costs of constructing phase one, which would be approximately 1800 square feet with a basement. The vision of the committee is a building designed so the majority of the exterior visible upon approach would reflect the period of the Edison's settlement of the area. The second feature would be to allow for easy expansion if need and finances are available. There was a museum feasibility study done in 2008 by Vilnis Cultural Design Works which discussed the feasibility and the viability of an Edison Museum in Vienna.The Society has the options to investigate the cost of updating the report, the cost of a scaled down or an abbreviated version, which may include construction/operating costs, fundraising opportunities and timelines. The Society would appreciate suggestions from the Municipality in this regard,and requests consideration for municipal staff support to assist in the feasibility study update. We ask that Council offer appropriate support for grant applications/and /or funding requests to senior levels of government and other sources. We respectfully request that the Municipality meet with the Society to discuss transfer of the current Edison Museum reserve funds to the Society. According to the most recent report to Council the 2015 balance is in excess of$86,000. Also, the Society and the Municipality need to discuss transfer of the lands at 6342 Plank Road and Lot 7 beside the current Museum property identified as 14 Snow Street in Vienna to the Society. The Society is seeking the support of the Municipality on an ongoing basis, for events such as Edisonfest. This would involve waiving of fees,transfer and use of picnic tables, use of Vienna Memorial Park, Bayham Community Centres, etc. and other actions that have been carried out in the past. Further in depth discussion regarding other matters, including an ongoing waiver of municipal property tax and support for waiver of County portion for properties for five years is requested. We ask to be included in promotion of Edison museum display sites in municipal tourism and promotion and advertising material and brochures for a minimum of five years. Plans are being developed for the 2017 Edisonfest,which in combination with Canada's 150th celebrations could make for the largest event ever. Guest lists are being finalized, exhibitors are being examined and fundraising plans during the festival are being developed. We trust this provides a sufficient update for Council so they may show their support to the Bayham Historical Society. This could be as direction to staff, or a motion, reiterating their support for the continued efforts of the Bayham Historical Society towards the ultimate goal of constructing and operating a museum dedicated to such an important period in Bayham's history. We thank you for your time and look forward to continuing,ongoing, mutually beneficial discussions with the Municipality of Bayham. Respectfully submitted 0.)006.Qk_ S; Darya Rousseau, President Bayham Historical Society INXICH.44,1 Arippf ► ieskg„,„ 4; -maw% REPORT o icy CAO �pul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-78/16 SUBJECT: EAST BEACH WASHROOMS — PARKING CAPITAL PROJECT BACKGROUND On July 21, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolutions: 1) THAT Report CAO-49/16 re East Beach Design Consultation Results, as amended be received for information; AND THAT staff be directed to focus on parking and report to Council if surplus funding is available to complete the same. 2) THAT staff be directed to place additional signage in the washroom area; AND THAT the additional Jimmi Jons be retained for the duration of the summer season. On October 3, 2016 the Council of the Corporation of the Municipality of Bayham passed a resolution approving in principle the 2017-2026 Capital Budget, as amended. The 2017 Capital Budget included Capital Item PW-7 - Port Burwell East Beach Hydro &Washroom Improvements - $50,000 DISCUSSION The project includes East Beach Washroom pit/pumping station relocation and improvement, parking lot improvements and relocation of hydro services. As a note, the project originally considered placing the hydro service underground. To maintain lighting in the parking lot, staff now propose to run the hydro service down the north property line as indicated on Appendix 'A'. Bids for the pumping station component of the work were pre-qualified and solicited from venders by CJDL Consulting Engineers. During the initial posting no bidders submitted bids due to the unknown water table and potential for complications. Subsequently, CJDL Consulting Engineers and the Municipality conducted a test hole to establish the depth of the water table. As a result Farmington Mechanical, a contractor frequently utilized by the Municipality submitted a bid of $30,000+HST. CJDL's recommendation report is attached hereto as Appendix 'B'. RECOMMENDATION 1. THAT Report CAO-78/16 re East Beach Washrooms-Parking Capital Project be received for information. 2. AND THAT Council award the East Beach Washrooms pumping station improvement works to Farmington Mechanical in the amount of$30,000+HST. 3. AND THAT staff be directed to conduct parking lot improvements in accordance with Appendix `A' attached hereto. Respectfully Submitted by: Paul Shipway CAO 11 1 1 1 1 /to Ex.BEACH AREA NORTH PROPOSED 9.00 SCALE 1:500 OBSERVATION 1 DECK 6 i / .."I � I• 65.10 V ( 1 I 1 IL - 19 CURB STOP AND — _t):14/,..../..:1 `Ml' VALVE BOX I 15.40 Ex.TREE' 0 Ex.WASHROOM I TO BE LO v FACILITY J REMOVED CHECK VALVE AND VALVE BOX Ex.wqT R SERVICE POST AND ROPE FENCE FD- PROP.6m(20') (TO -ORD TRUCK)0 N I I I �� 0 BI'POSTS-B'0/eK -- TRACTOR GATE No --- 5_t_ — 2230 O METER N E �., oR TRT,c) �Ex.F N To POST AND ROPE BENc 5 a� F� �l - �/H 1E F000 NATURAL SAND BE REMOVED 6 POSTS-8 0/A `1- OWE',- CLEANOUT 9.15 I 1 I `N/i YT. � t0emrcm ����� ���� �� 3�= '/�� 7 .. i7 �/ EX.WASHROOM �0� N \INV.=1'S6��OF PRPP.PARKING 1 FAGIUTY TO - �' 3- Z N x •e Ip0 BE REMOVED 40.50 - A -� F �nJe 680 `_' 3 5.9 D04 PRoaoseD GRAVEL L- p o PV DR $8 �'" qgq\ 15 TURN UTD aREa 8�e g SAN-<..2.28 — /OEOPO5E3EOOAET 11/, oN NEW RounoaeOUT 2N �\ Ex.PUMPING STATION e in m \ O .0��(TO BE REMOVED) SALVAGE °?. A `61s '=0.-.."----- = X. 2HP GRINDER PUMP o N P\ C oEX.15 .TERRAIN ? (ASSUMED LOCATION) R ,w- L__1 W m - �\ W s W W W - /�/ N LI Ex.50mm PE F RCEMAIN(T B'. AE1rAt, ONED) - - - _ — — BM NAIL INoae I �(ASSUM 0 Lac TON) A �' _ 50mm 32mm REDUCER _ - Ex.H P 111/ 2 .iii, r e AND CONNECTION �___... -— To BE REMOVED Ex.n.P. M /' -- -- TO BE REMOVEp Wr PROP, -// H.P. ■Sr id—_ - -- _ - 0 PROP. 50.50 J,B EDGE OF PROP.PARKING ■ q60 _4.". -i 101.60 33.30 T_ - 1 33.30 33.30 _{' 13.0. Ex.CONC.BLOCKS --' L TO BE REMOVED -H Q ,,,,,,t,,,, CO 4 o A7: o CO I 4�Y / 1 ■ TEI III / --I / LEGEND PORT BURWELL PROPOSED SANITARY SEWER -0-HYD , 0 WELL EXISTING HYDRANT, EXISTING WELL EAST BEACH EXISTING SANITARY SEWER OH.P.,CH.P. PROPOSED HYDRO POLE (BY OTHERS), EXISTING F EXISTING SANITARY FORCEMAIN x EXISTING FENCE MASTER PLAN W EXISTING WATERMAIN 175.15 PROPOSED FINISHED _i.,,,,_,, PROPOSED BURRIED HYDRO, EXISTING ELEVATIONS MUNICIPALITY OF BAYHAM O, 0 PROPOSED MANHOLE, EXISTING OR AS CONSTRUCTED (A).(R).(F) ADJUST, REMOVE, FUTURE Cyril oemeye e Limited ■, 0 PROPOSED CATCHBASIN, EXISTING OR AS CONSTRUCTED A, c, C.BR ASPHALT, GRAVEL, CONCRETE, BRICK/PAVING STONE C J D L P.o. Box J. De 010 Broadway Tiusonburg, Ontario. N40 448 Tel: 519-688-1000 866-302-9886 NOTE: BASE PLAN PROVIDED BY SPRIET ASSOCIATES Consulting Engineers Fax C 19-842 -3235 PROPOSED PUMPING STATION BY CJDL CONSULTING ENGINEERS 1663 1 DECEMBER 2016 C.JDL. CYRIL J. DEMEYERE LIMITED John D.Wiebe,P.Eng. T.Paul Tuff,P.Eng. Peter J.Penner,P.Eng. Deren Lyle,P.Eng. Consulting Engineers Andrew Gilvesy,P.Eng. 261 Broadway,P.O. Box 460,Tillsonburg,ON N4G 4H8 T:519-688-1000 F:519-842-3235 www.cjdleng.com 8 December 2016 1663 Municipality of Bayham 9344 Plank Road Straffordville, Ontario NOJ 1Y0 RE: PORT BURWELL EAST BEACH SANITARY PUMPING STATION MUNICIPALITY OF BAYHAM Attention: Mr. Paul Shipway, CAO Municipality of Bayham Dear Sir: The tender for the above project closed at 12:00 noon,Thursday, 24 November 2016. Unfortunately, last minute comments from the Tenderers concerning the water table left short notice to issue an addendum and no bid submissions were received. Farmington Mechanical continued to express their strong interest in completing the work, and thus test pits were scheduled at the project location at 8:00am,Tuesday, 29 November 2016 which were attended by Ed Roloson, Municipality of Bayham,Sam Csinos of Farmington Mechanical, and Matt Sweetland, P.Eng., CJDL. The test pits confirmed the elevation of the water table, and a revised design was prepared by CJDL to include a 'Low Profile' septic tank which can be installed above the water table.The revised design was circulated to Farmington Mechanical on 7 December 2016 and their lump sum quotation was received as follows: Farmington Mechanical $30,000.00(Excl. HST) It is recommended that the quotation submitted by Farmington Mechanical in the amount of $30,000.00 be accepted and a contract be awarded. A copy of the Contract Documents and Farmington Mechanicals lump sum quotation has been enclosed for your records. If there are any questions, please do not hesitate to contact this office. Yours very truly, Matt Sweetland, P.Eng. MS/sed Encl. Farmington Mechanical Quotation (8 December 2016) Contract Documents, Port Burwell East Beach Proposed Sanitary Pumping Station cc. Mr. Ed Roloson, CMM III, Water/Wastewater Operations Manager, Municipality of Bayham Mr. Peter Penner, P.Eng., CJDL ❑ Fax ❑ Mail ❑ Deliver ❑ Courier ❑ e-mail INXICH.44,1 eir ► REPORT oicy CAO Ppul'tunity IS103�► TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-84/16 SUBJECT: EAST PIER BENCH PROGRAM BACKGROUND On January 23, 2014 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council agrees to continue the Bench Program in the harbour area by financing the purchase of 8 benches at an approximate cost of $2,400.00 which will be refunded in full as each bench gains sponsorship; AND THAT the benches be installed by the Public Works Department. On January 7, 2016 the council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the Council of the Corporation of the Municipality of Bayham approve the purchase of a bench by the Otter Valley Naturalists through the HFC Bench Program; AND THAT the bench be installed by the Municipality of Bayham Public Works Department at the designated site with the appropriate base. DISCUSSION Historically, the East Pier Bench Program operated based on an informal application form and the efforts of the Harbourfront Committee. Recently, representatives from the Harbourfront Committee advised the previous metal materials supplier was unable to continue with the program. Subsequently, the Harbourfront Committee representatives approached other local suppliers in an attempt to continue the program. As a note, previously the metal for the benches was provided by a vendor and a plaque ordered. Public Works would then buy wood and construct and place the benches. The donor would donate $300 for the bench. The Harbourfront Committee has conducted the appropriate due diligence and sourced the following option to continue the program: 1) Fabricator, Mr. John Knelsen would build the bench, metal and wood. 2) CQM Ltd. would provide the plaques. 3) Upon completion Public Works would pick up and install the benches. 4) The above would be completed for the same $300/bench. a. Agreement form attached hereto as Appendix 'A' 5) Location as approved by Public Works. As the East Pier is filling with benches the Harbourfront Committee, and staff, propose expanding the program to be applicable across the entirety of the Municipality. RECOMMENDATION 1. THAT Report CAO-84/16 re East Pier Bench Program be received for information. 2. AND THAT Council direct staff to bring forward a by-law to authorize the Bayham Bench Program. Respectfully Submitted by: Paul Shipway CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-105 A BY-LAW TO ADOPT A BAYHAM BENCH PROGRAM AND BAYHAM BENCH PROGRAM SPONSORSHIP POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning the Bayham Bench Program and Bayham Bench Program Sponsorship Policy; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Policy on Bayham Bench Program and Bayham Bench Program Sponsorship be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Policy on Bayham Bench Program and Bayham Bench Program Sponsorship attached hereto as Schedule "A" and forming part of this by-law is hereby adopted as the policies and procedures for the management of Bayham Bench Sponsorship for the Municipality of Bayham; 2. THAT this Bayham Bench Program and Bayham Bench Program Sponsorship Policy By-law may be amended from time to time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham; 3. THAT any Bench Program and Bench Program Sponsorship policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15th day of December 2016. MAYOR CLERK pil 011)4por -4411111111111 fee 4imo, ° 11Purtunity IsYo�► BAYHAM BENCH PROGRAM Section 1 - Purpose 1.1 The Council of The Corporation of the Municipality of Bayham is desirous of instituting a Bayham Bench Program to install benches in various locations within the Municipality. Section 2 - Procedure 2.1 The Bayham Bench Program will be coordinated by the Harbourfront Committee and staff. 2.2 The Bayham Bench Program will be executed as follows: i. The Metal Fabricator, Mr. John Knelsen will build the metal and wood benches; ii. CQM Ltd. will provide plaques for the benches; a. the Plaques will be limited to 50 characters including spaces. iii. The Public Works Department will approve location for benches, pick up and install the benches ; iv. The Bayham Bench Program Sponsorship cost will be $300.00 per bench; 2.3 All Benches within the Bayham Bench Program and the previous East Pier Bench Program are the property of the Municipality of Bayham and may be relocated or replaced at the discretion of the Municipality. i. The Municipality will maintain the Bench Plaque for a period of ten (10) years. 2.4 Appendix 'A', attached hereto, shall be the binding Bayham Bench Program Sponsorship Agreement. Municipality of v,xYHAiti BAY H A IVI A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 T: 5198665521 °C41,441111111PIPIr F: 519-866-3884 '� E: bayham@bayham.on.ca Or tunxty 1 W: www.bayham.on.ca Bench Sponsorship Agreement Form The Municipality of Bayham agrees to affix a plaque in the name of: Individual/Company/Organization Address On a wood/steel bench for Public use within Municipal owned lands located within the Municipality of Bayham: Site Location The plaque in question will be of the type & size as described in the attached diagram. PLAQUE INSRIPTION DETAILS Salutations/Greetings, etc. (Optional) Name (Individual (s) /Family/Company/Organization) AGREEMENT DETAILS The MUNICIPALITY OF BAYHAM will be responsible for the affixed placing of the Bench / Plaque within the described Site Location, upon approval of the designated municipal official. The SPONSOR agrees to donate $300.00 (Three Hundred) dollars for the exclusive sponsorship of the bench and inscribed plaque. Payment to be made to the Municipality of Bayham. As AGREED UPON: SPONSOR THE MUNICIPALITY OF BAYHAM Name Name Signature Signature Date Date *Donation / Tax Receipt available from the Municipality of Bayham upon request* INAYH.44? v@ilik4dC'N f ► REPORT CAO �pul'tunity IS��414- TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-85/16 SUBJECT: RFT 16-05 FOUR NEW PICKUP TRUCKS BACKGROUND On November 3, 2016 staff posted RFT 16-05 for the Supply & Delivery of Four New Pickup trucks as per specifications attached hereto as Appendix `A'. The tender is an exercise in bulk purchasing in an attempt to realize strategic procurement savings. The Approved in Principle Capital Budget included Capital Items BL-1, B-1, PW-1 and W-3 each in the amount of $40,000 or $160,000 cumulatively. DISCUSSION The results of RFT 16-05 are attached hereto as Appendix `B'. An impressive number of bidders, 12, submitted bids. The low bid is Anderson GM Automotive Group Inc. of Woodstock for four (4) 2017 Chevrolet Silverado 1500 4WD WT in the total amount of 117,432+HST. The bid of Anderson GM Automotive Group Inc satisfies the provisions of the tender documents. RECOMMENDATION 1. THAT Report CAO-85/16 re RFT 16-05 Four New Pickup Trucks be received for information. 2. AND THAT Council approve the procurement of four (4) pickup trucks from Anderson GM Automotive Group Inc, as per RFT 16-05, in the total amount of 117,432+HST Respectfully Submitted by: Paul Shipway CAO REQUEST FOR TENDER Four (4) New Half Ton Four Wheel Drive Extended Cab / Quad Cab Pickup Trucks RFT 16-05 INAYH44? shvilni-d"rne% 41160,, 4'Portunity IS�o�• ISSUE DATE: November 3, 2016 CLOSING DATE: December 8, 2016 CLOSING TIME: 1:00 PM, local time LOCATION: Municipality of Bayham 9344 Plank Road Straffordville, ON, Attention: Ed Roloson Water/ Wastewater Operations Manager LATE SUBMISSIONS WILL NOT BE ACCEPTED NOTE: It is the vendor's sole responsibility to ensure their submissions are received in a sealed enveloped clearly marked with RFT 16-05 Extended Cab / Quad Cab Pickup Trucks by the time and date specified within the document. The Lowest or Any Bid Will Not Necessarily Be Accepted Municipality of Bayham P.O. Box 160 9344 Plank Rd Straffordville, ON NOJ 1Y0 Company Name & Address: Please return this cover sheet with your submission Page 1 of 8 RFT 16-05 SUPPLY FOUR (4) NEW HALF TON FOUR WHEEL DRIVE EXTENDED CAB / QUAD CAB PICKUP TRUCKS SPECIAL PROVISIONS - GENERAL 1. GENERAL: Unit price tenders will be submitted on the tender form in a sealed envelope which shall be clearly marked "RFT 16-04 Extended Cab / Quad Cab Pickup Trucks". Tenders will be received at the office of: Ed Roloson Water / Wastewater Operations Manager Municipality of Bayham 9344 Plank Road Straffordville, ON not later than 1:00 PM local time, December 8, 2016. The lowest or any bid not necessarily accepted. Tenders will be opened publicly, shortly after 1:00 PM on December 8, 2016 at the Municipality of Bayham office at the address referenced above. 2. SCOPE: The scope of this contract is to supply four (4) half ton four wheel drive extended cab / quad cab pickup trucks to be used by Municipal Departments during the course of day to day operations. The tender must be for pickup trucks that contain all of the features specified with no exceptions. If the features are not available from the manufacturer the dealer may supply the parts but must specify this in the RFT. The trucks must include the specified features but are not limited to them and extra features are acceptable. The trucks must be of the most current model year that is available at the time this tender is received. "Last Year's models will be considered if it can be proven to have all the same specifications as the most current model and if a cost savings is included. 3. RIGHT TO ACCEPT OR REJECT TENDERS: Tenders may be invalidated if the forms are not properly and fully completed. Tenders must be on the form provided. No substitutions will be considered. The owner will be the sole judge of such matters. 4. UNACCEPTABLE TENDERS: Each item in the Tender Form shall be a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Owner will be sole judge of such matters, and Page 2 of 8 should any tender be considered to be unbalanced, then it will be rejected by the Owner. 5. REJECTION OF TENDERS Individual tenders may be rejected for any one of the following reasons: • Bids received after the tender closing date and time • Bids received on other than the supplied tender forms • Bids not completed in ink or by typewriter • Bids not properly signed and sealed • Bids which do not meet all technical specification requirements of the individual tender packages • Incomplete bids 6. BID PRICE The bidder shall enter the total price where applicable in the appropriate location on the form of Tender which corresponds with the unit being specified. The Municipality of Bayham reserves the right, without penalty, to not necessarily accept the lowest tendered unit price. 7. HARMONIZED SALES TAX The unit price quoted shall not include the HST. The HST should be shown in the applicable location on the Form of Tender 8. REGULATORY COMPLIANCE The bidder shall ensure units being provided meet all current applicable industry and regulatory standards, codes and regulations. In the event that the unit specifications which form a part of this tender document would result in a noncompliance with applicable industry and regulatory standards, codes and regulations, the bidder shall notify the purchasing party in writing of the noncompliance and provide suggestions for modifications (including pricing)to achieve regulatory compliance. 9. UNIT SPECIFICATIONS Unit specifications provided in the tender documents are based upon manufacturer's published specifications. As stated in the section entitles "REJECTION OF TENDERS", bids which do not meet all specifications in the tender documents will be rejected. 10. TRADE-IN There are no trade-ins included in this tender. 11. BIDDER QUALIFICATION Bidders are advised that only manufacturer authorized dealers/retailers will be considered for approval. Bids received by dealers/retailers that are not authorized will be returned to the bidder unopened in original packaging. Page 3 of 8 12. INVOICING Invoicing shall be as follows: The Municipality of Bayham PO Box 160 9344 Plank Road Straffordville, ON N0J 1Y0 13. INQUIRIES Questions regarding this tender shall be submitted in writing to: Ed Roloson Water/ Wastewater Operations Manager Municipality of Bayham 9344 Plank Road Straffordville, ON eroloson(cr�bayham.on.ca 14. EXECUTE CONTRACT AGREEMENT: Tenders shall be open for acceptance for a period of 30 days after the closing date. After this time the tender may only be accepted with the consent of the successful bidder. The successful bidder shall execute the contract documents within 10 calendar days of receipt of notification of acceptance of tender. Failure by the successful bidder to meet the above requirements will entitle the Owner to cancel the award of the contract and to retain the bid deposit as compensation for damages sustained due to the bidders default. The Owner may award the contract to one of the other bidders or take such action as he chooses. Page 4 of 8 Specifications The following are specifications that must be met by the manufacturer or if applicable by the dealer Pickup truck must be/have: - Red in colour - Four Wheel Drive (4x4) with 3,000 lb. axle capacity - Extended Cab / Quad Cab - Minimum Wheelbase of 133in. - 6% ft Box - Automatic Transmission - V8 Engine or a Minimum of 305 HP — gasoline powered - Four (4) Wheel Anti-Lock Braking System (ABS) - Power Steering - Factory Bed Liner (No After Market or Spray In) - Fuel Tank with a Minimum of 100L Capacity - Class IV Trailer Hitch Complete with Seven (7) Pin Wiring - Front Tow Hooks - Molded Mud Flaps in the Front and Rear - Full Size Spare Tire - Air Conditioning - Windshield Washers with Intermittent Wipers - Factory Installed AM/FM Radio - Dark Coloured Cloth Interior - Rubber Flooring (No Carpet) - Exterior Temperature Display - Compass - Power Locks and Windows - Tilt Steering - Integrated Bluetooth - Cruise Control - Split Bucket Seats with Center Console - Rear Cargo Lights - Minimum 700 Crank Amp Batteries - Back Rack with Mounted LED Strobe Light (Provisional) - Power Supply for Laptop and 2 Way Radio Installations If any of the above features are not included in the price quoted the quote will be rejected. The following sections are to be completed by the dealership and returned to the Municipality of Bayham office on or before the date and time specified above. Page 5 of 8 Dealership Name: Address: Phone: Fax: Email: Contact Name: The Municipality of Bayham reserves the right to reject any or all quotations and to waive formalities as the interests of the Owner may require without stating reasons. The Following Charts must be completed in full. Manufacturer: Model: Trim: Model Year: Feature Included (Y/N) Manufacturer install (Y/N) Dealer Install (Y/N) Red Paint 4WD Extended Cab Min. 133in Wheelbase 6% ft box Automatic Transmission V8 or min. 305 HP Specify: 4 Wheel ABS Power Steering Factory Bed Liner(No After Market or Spray In) Specify: Min. 100L Fuel Tank Class IV Hitch and 7 Pin Wiring Front Tow Hooks Molded Mud Flaps Full Size Spare Air Conditioning Intermittent Wipers AM/FM Radio Dark Cloth Interior & Rubber Floor Exterior Temperature Display Compass Power Locks and Windows Tilt Steering Integrated Bluetooth Cruise Control Page 6 of 8 Use the following chart to list anti extra features included that are not specified above. Feature Description Please fill out chart with Warranty Information: Standard Warranty Duration in Years Kilometres (K/M) Bumper to Bumper Drivetrain Extended Warranty 1 Duration in Years Kilometres (K/M) Cost($) Bumper to Bumper $ Drivetrain Extended Warranty 2 _ Duration in Years Kilometres (K/M) _ Cost($) Bumper to Bumper $ Drivetrain Notes: Do not include any Extended Warranties in the price Quoted. Licensing shall be done by the dealer. The trucks shall be delivered to Municipality of Bayham Public Works Yard 8354 Plank Road, Straffordville, Ontario Page 7 of 8 TENDER EXECUTION Individual Vehicle Cost $ Total Vehicle Cost (4) $ HST $ Total Vehicle Cost $ (including HST) Please Specify a Delivery Date for the Vehicles Quoted: Vehicles may be delivered as soon as January 3, 2017. No payment will be made prior to January 3, 2017. Dated at this day of 2015 Name of Witness NAME OF TENDERER Signature of Witness AUTHORIZING SIGNATURE OF TENDERER TITLE (Affix Corporate Seal) Page 8 of 8 Pickup Truck Specifications Disbrowe New Roads Chevrolet Georgian Chrysler Anderson GM Stauffer Motors Blue Star Ford Buick GMC Sherway Commercial Exeter Glassford Dodge Jeep Perth County Automotive Dale Downie Grogan Ford Ltd. Lincoln Cadillac Ltd. Nissan Centre Chrysler Chrysler Ram Chrysler Group Inc. Nissan Lincoln Inc. Individual Vehicle Cost $ 33,356.00 $ 32,555.98 $ 31,063.00 $ 48,056.18 $ 33,875.00 $ 30,998.90 $ 31,802.61 $ 40,151.33 $ 29,816.00 $ 29,358.00 $ 45,450.00 $ 31,933.00 Total Vehicle Cost $ 133,424.00 $ 130,223.92 $ 124,252.00 $ 192,224.72 $ 135,500.00 $ 123,995.60 $ 127,210.44 $ 160,605.32 $ 119,264.00 $ 117,432.00 $ 181,800.00 $ 127,732.00 Total Vehicle Cost(including HST) $ 150,769.12 $ 147,153.03 $ 140,404.76 $217,213.93 $ 153,115.00 $ 140,115.03 $ 143,747.80 $ 181,484.01 $ 134,768.32 $ 132,698.16 $205,434.00 $ 144,337.16 2017 Ford 2017 2017 2017 Dodge 2017 Dodge 2017 Ford 2017 Ford F150 F150 Supercab Chevrolet 2016 Nissan Chevrolet 2017 Dodge Ram 1500 Ram 250 Crew 2017 Dodge 2017 Chevrolet 2017 Nissan F150 MODEL XLT XL Silverado LS Titan XD Silverado LT Ram 1500 ST SXT Cab SLT Ram 1500 ST Silverado WT Titan SV Supercab XLT Warranty YEAR(Bumper- Bumper) 3 3 3 3 3 3 3 3 3 3 5 3 Warranty YEAR(Drivetrain) 5 5 5 5 5 5 5 5 5 5 8 5 Bumper) 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 60,000 160,000 60,000 Warranty KM (Drivetrain) 100,000 100,000 160,000 100,000 160,000 100,000 100,000 100,000 100,000 160,000 130,000 100,000 INXICH.44,1 ► REPORT o icy � CAO �pulf 'tunity IS0�► TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-86/16 SUBJECT: RFT 16-06 PORTABLE WASHROOM SUPPLY PLACEMENT & CLEANING BACKGROUND On November 10, 2016 staff posted RFT 16-06 for the Supply, Placement & Cleaning of Accessible Portable Washrooms as follows: 1. Marine Museum, 18 Pitt Street, Port Burwell 1 Unit 2. Port Burwell Memorial Park, corner of Strachan & Brock Streets 1 Unit 3. Port Burwell East Beach 1 Unit 4. Port Burwell Ball Park, Chatham Street, Port Burwell 1 Unit 5. Vienna Memorial Park, Plank Road, Vienna 1 Unit 6. Straffordville Ball Park, 56169 Heritage Line, Straffordville 2 Units 7. Richmond Ball Park, Church Street, Richmond 1 Unit 8. Corinth Park, Best Line, Corinth 1 Unit DISCUSSION The Municipality previously obtained portable washrooms, without a contract at the following costs: i. Single Unit/month $125+HST ii. Single Unit w/ sink/month $155+HST iii. Accessible Unit/week $100+HST iv. Service to Unit $30+HST v. Extra service $35+HST vi. Separate sink station/month$175+HST The results of the bids, for accessible units with sinks is as follows: ANNUAL ITEMS Affordable Portables Jimmi Jons Inc. Monthly Rental Per $168.00 $ 90.00 Unit Weekly Cleaning Included above $30.00 Per Unit HST $21.84 $27.30 MONTHLY TOTAL $189.84 $237.30 (4 Weeks) PROVISIONAL ITEMS Affordable Portables Jimmi Jons Inc. Daily Rental Per $ 105.00 $60.00 Unit ( if less than 1 month) Additional $168.00 $90.00 Monthly Units Per Unit Additional Weekly $105.00 $60.00 Units Per Unit Extra Cleaning $30.00 $30.00 Per Unit RECOMMENDATION 1. THAT Report CAO-86/16 re RFT 16-06 Portable Washroom Supply, Placement & Cleaning be received for information. 2. AND THAT Council direct staff to bring forward a by-law to authorize the execution of a Provision of Portable Washroom Agreement with Affordable Portables as per RFT 16-06. Respectfully Submitted by: Paul Shipway CAO INXICH.44,1 ► Arippieskg„,„ 4; -maw% REPORT o icy � CAO �pulf 'tunity IS0�► TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-87/16 SUBJECT: TRANS CANADA TRAIL– BAYHAM DRIVE BRIDGE BACKGROUND On May 19, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution (excerpt): AND THAT Council reallocate $20,000 from the 2016 Turnaround Capital project to have Spriet Associates commence the Environmental Assessment (EA) and Cultural Heritage Evaluation Report (CHER) for removal of Bayham Drive Bridge. On Thursday October 27, 2016 Spriet Associates held a Public Meeting at the Municipal Office concerning the Environmental Assessment (EA) and Cultural Heritage Evaluation Report (CHER) for removal of Bayham Drive Bridge. On December 1, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-77/16 re Road Closure — Bayham Drive be received for information; AND THAT Council direct staff to conduct permanent road closure activities as outlined in the Notice By-law on the portion of Bayham Drive outlined in Appendix 'A' AND THAT staff be directed to report back to Council at the January 19, 2017 meeting of Council. DISCUSSION During the EA process Mr. David Mihlik - Project Planner - Spriet Associates discovered the Trans Canada Trail utilized Bayham Drive as a portion of the Trans Canada Trail, as indicated in Appendix 'A', attached hereto. To ensure the continuity of the Trans Canada Trail the proposed trail relocation is also presented within Appendix 'A'. Mr. Jim Paterson, Southern Ontario Trails Coordinator for Trans Canada Trail Ontario has indicated the proposed Trans Canada Trail relocation is suitable provided the Councils of the Municipality of Bayham and Township of South-West Oxford pass resolutions in support of the same as a portion of the proposed trail would be on a boundary road (Pressey Road). RECOMMENDATION 1. THAT Report CAO-87/16 re Trans Canada Trail — Bayham Drive Bridge be received for information. 2. AND THAT the Council of the Corporation of the Municipality of Bayham support the relocation of the Trans Canada Trail along Carson Line, Elliot Road and Pressey Road, as per Appendix 'A'. Respectfully Submitted by: Paul Shipway CAO FIGURE 1 PROPOSED RELOCATION - TRANS CANADA TRAIL ON BAYHAM DRIVE Explore the Map Stories Give 1'HfLRf61 News Events FR 0 0 0 Q ink Ylisonb �� Firh - Gamatary 51 B Idga;A 09\ o El bury ® \ GPI Club TOWNSHIP OF TOW[ t,QF„m.- SON':URG -1evr� "'r°tR° Tlt lex E„e Cles s,„„ceDr,i, /3SOUTH WEST 5 OXFORD , y ,, d,v��.En. PRESSE' ROAD �. lin, /e I„„ e ,, Pyn3 ` EXISTING i- TRAIL \`_ ��� onble ' (green line) Drain __ 4 a ; 30- A a f' .Q. gE':r i'` LOCATION OF BRIDGE TO y'a#„„ reervallon MUNICIPALITY W BE CLOSED NORFOLK Ari' „Bx OF ` COUNTY BAYHAM 9,L CARSON LINE x PROPOSED V TRAIL '9 —N-II-H tt RELOCATION .l (red line) i_ 6 ® . r.6km L u 'I EXPLORE Base Map,Ontario MNR,Province of Ontario,Eso,HERE,DeLorme,INCREMENT P,Intermap,USGS,METVN.ASA,EPA,USDA,... ' LA w 100% SOURCE: https://thegreattrail.ca/explore-the-map SPRIET ASSOCIATES-2016.10.09-216138A004F01 PROPOSED BAYHAM DRIVE BRIDGE CLOSURE-MUNICIPAL CLASS EA Err -4"11111111C REPORT 416.--opp 4e) CAO °l'tunity i �o TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: December 15, 2016 REPORT: CAO-88/16 SUBJECT: DOORS OPEN EAST ELGIN BACKGROUND Doors Open Ontario is a program coordinated by the Ontario Heritage Trust. The Ontario Heritage Trust works with communities across the province to open the doors, gates and courtyards of their unique and most fascinating cultural sites so the public can explore the stories hiding inside. Every April to October, through Doors Open, Ontario's heritage treasures are open to the public with free events across the province. From historical houses to modern marvels of construction, Doors Open Ontario showcases the buildings, natural spaces, infrastructure and cultural landscapes that shape and define Ontario communities. The basic premise of this program is to invite people to visit sites of interest that are not normally open to the public—for free. There may be value-added tours or on-site gift shops that will cost extra. But access to the building during the Doors Open event is free of charge. Across Ontario Doors Open statistics are as follows: • 43 events hosted in 145 communities, representing 71 municipalities and 1,021 buildings/sites • Of the 30 per cent of participants who came from outside the host community, 71 per cent travelled specifically to participate in Doors Open Ontario Doors Open East Elgin was held on September 24, 2016. Statistics for Doors Open East Elgin Events are as follows: DOORS OPEN EAST ELGIN STATISTICS 2013 2015 2016 Sites 21 23 17 Bayham Sites 10 8 5 Visits 1,307 1,375 614 Sites Not Normally Open to the Public 0 0 0 Total Paid Hours 368 140 160 Volunteers 39 91 40 Volunteer Hours 524 420 240 The 2016 Municipality of Bayham sites were the Straffordville Library, Marine Museum and Lighthouse, Mennonite Clearance Centre and Periscope Playhouse. Previous participating private sites, including historical site, declined the offer to participate in 2016. DISCUSSION Generally, the host Municipality coordinates the commencement of the Doors Open East Elgin program with correspondence as follows (this example utilizes the Township of Malahide as host): THAT Report No. CCS-14-28 entitled 'Community & Corporate Services - Doors Open Ontario' be received; AND THAT Malahide Township Council does hereby agree to be the lead municipality, on behalf of the Town of Aylmer, Municipality of Bayham, and the Township of Malahide, for the Doors Open East Elgin event; AND THAT the Doors Open Ontario registration fee in the amount of$1695.00 (Malahide's share being $565.00) be approved. On behalf of the Doors Open East Elgin Committee established by the three Councils of the municipalities of Aylmer, Bayham and Malahide, I ask that Council pass a resolution of support for participating in this community event. It would also be greatly appreciated if Council would approve financial support towards the registration fee of$1695 which is due In December. Based on our hope that the three municipalities would support our request, we would ask that your Council provide $565 towards the registration fee. There will also be minimal costs for advertising and marketing of the event that will be shared by each municipality. It would also be appreciated if Council would appoint a member to represent its municipality on the organizing committee. The Municipality of Bayham generally allocates the Bayham portion of the registration fee from the Tourism Operating Budget. Staff time is unallocated and is drawn from the General Government line. Generally the duties of the coordinating Municipality, which was the Municipality of Bayham in 2016, are as follows: • Contact partner municipalities to determine interest, register and submit registration fee; • Invoice partner municipalities; • Send emails to previous participants to inquire if they wish to participate; • Send event listing sheets; • Collect participant information from partner municipalities; • Inquire from partner municipalities regarding numbers for supplies; • Order supplies and provide to partner municipalities; • Send reminder emails to partner municipalities and event locations; • Obtain information sheets from participants, event listing sheets and insurance certificates; • Input all participant information and photos on Doors Open Website; • Update Doors Open Website as participant information is provided; • Update Municipal Website with Event Information; • Create flyer and ad once all participant information is received; • Print and provide participants surveys, flyers listing all sites, surveys, visitor tallies etc. required for the day; • Contact participants to pick up supplies; • Have partner municipalities pick up supplies or deliver to coordinating municipality; • After event follow up for receipt of signs, surveys, visitor tallies etc.; • Complete and submit required information to Doors Open following event; • Community Organizer Evaluation Form - calculate using information sheets received from sites; Generally the work for Doors Open East Elgin begins in December the year prior and is ongoing until after the event date. As community involvement in the program has declined, staff wanted to present Council with background information on the program prior to committing involvement for another year. As the non-municipal community historical sites that more closely align with the program goals have declined to participate in the program the Municipality may want to look elsewhere for Community initiatives for 2017. Should Council wish to continue with Doors Open East Elgin staff would respectfully request significantly more active involvement from the Bayham Doors Open East Elgin Council representatives to ensure the event is a success by attracting and convincing community sites to participate. RECOMMENDATION 1. THAT Report CAO-88/16 re Doors Open East Elgin be received for information. 2. AND THAT Council provide staff direction. Respectfully Submitted by: Paul Shipway CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2016-101 BEING A BY-LAW TO AUTHORIZE THE WRITEOFF OF TAXES WHEREAS Section 354 (2) (a) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that the treasurer of a local municipality shall remove unpaid taxes from the tax roll if the council of the local municipality, on the recommendation of the treasurer, writes off the taxes as uncollectible, and; WHEREAS the Council of the Municipality of Bayham deems it necessary to write off the taxes as uncollectible for the said properties set out in Schedule "A"; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the taxes on the properties set out in Schedule 'A' be written off as uncollectable. 2. THAT this by-law shall come into force and effect upon its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 15th Day of December 2016. MAYOR CLERK By-law 2016-101 -2- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-101 Schedule "A" Property Municipality County School Total Roll Number of Bayham of Elgin Boards 3401-002-002-00950 1,130.70 726.89 1,857.59 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-105 A BY-LAW TO ADOPT A BAYHAM BENCH PROGRAM AND BAYHAM BENCH PROGRAM SPONSORSHIP POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning the Bayham Bench Program and Bayham Bench Program Sponsorship Policy; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Policy on Bayham Bench Program and Bayham Bench Program Sponsorship be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Policy on Bayham Bench Program and Bayham Bench Program Sponsorship attached hereto as Schedule "A" and forming part of this by-law is hereby adopted as the policies and procedures for the management of Bayham Bench Sponsorship for the Municipality of Bayham; 2. THAT this Bayham Bench Program and Bayham Bench Program Sponsorship Policy By-law may be amended from time to time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham; 3. THAT any Bench Program and Bench Program Sponsorship policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15th day of December 2016. MAYOR CLERK v,AYHA 4rippow....„ 3141-451"4411L.:% -Ppui'tunity IS,404- BAYHAM BENCH PROGRAM Section 1 - Purpose 1.1 The Council of The Corporation of the Municipality of Bayham is desirous of instituting a Bayham Bench Program to install benches in various locations within the Municipality. Section 2 - Procedure 2.1 The Bayham Bench Program will be coordinated by the Harbourfront Committee and staff. 2.2 The Bayham Bench Program will be executed as follows: i. The Metal Fabricator, Mr. John Knelsen will build the metal and wood benches; ii. CQM Ltd. will provide plaques for the benches; a. the Plaques will be limited to 50 characters including spaces. iii. The Public Works Department will approve location for benches, pick up and install the benches ; iv. The Bayham Bench Program Sponsorship cost will be $300.00 per bench; 2.3 All Benches within the Bayham Bench Program and the previous East Pier Bench Program are the property of the Municipality of Bayham and may be relocated or replaced at the discretion of the Municipality. i. The Municipality will maintain the Bench Plaque for a period of ten (10) years. 2.4 Appendix 'A', attached hereto, shall be the binding Bayham Bench Program Sponsorship Agreement. Municipality of v,xYHAiti BAY H A IVI A: P.O. Box 160, 56169 Heritage Line Straffordville, ON NOJ 1Y0 T: 5198665521 °C41,441111111PIPIr F: 519-866-3884 '� E: bayham@bayham.on.ca Or tunxty 1 W: www.bayham.on.ca Bench Sponsorship Agreement Form The Municipality of Bayham agrees to affix a plaque in the name of: Individual/Company/Organization Address On a wood/steel bench for Public use within Municipal owned lands located within the Municipality of Bayham: Site Location The plaque in question will be of the type & size as described in the attached diagram. PLAQUE INSRIPTION DETAILS Salutations/Greetings, etc. (Optional) Name (Individual (s) /Family/Company/Organization) AGREEMENT DETAILS The MUNICIPALITY OF BAYHAM will be responsible for the affixed placing of the Bench / Plaque within the described Site Location, upon approval of the designated municipal official. The SPONSOR agrees to donate $300.00 (Three Hundred) dollars for the exclusive sponsorship of the bench and inscribed plaque. Payment to be made to the Municipality of Bayham. As AGREED UPON: SPONSOR THE MUNICIPALITY OF BAYHAM Name Name Signature Signature Date Date *Donation / Tax Receipt available from the Municipality of Bayham upon request* THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-106 A BY-LAW TO REPEAL BY-LAW 2013-110, AS AMENDED BEING BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Subsection 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, C. 4 provides that 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; AND WHEREAS Ontario Regulation 380/04, a Regulation passed under authority of the Emergency Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipality shall designate an employee of the municipality or a member of the council as its emergency management program co- ordinator; AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction; AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to provide a new by-law to appoint municipal officers and employees for the purposes of the Municipality to reflect various staff changes made, and repeal By-law 2003-110 and all amendments thereto. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following officers and /or employees be and they are hereby appointed to act in the capacity provided in the Municipality of Bayham for the purpose of administering and where applicable enforcing municipal by-laws and Provincial Statutes and Regulations associated with each position and the approved job descriptions are to be fulfilled: Office/Position Name 1. Chief Administrative Officer/Clerk/ Community Emergency Management Co-ordinator Paul Shipway 2. Planning Co-ordinator/Deputy Clerk & Lottery Licencing Officer Margaret Underhill 3. Clerk's Assistant/Deputy Clerk Brenda Gibbons 4. Treasurer/Tax Collector Lorne James 5. Finance Clerk Donna Wiebe By-law No. 2016-106 -2- 6. Finance Clerk Sandra Maertens 7. Administrative Assistant Leann Walsh 8. Chief Building Official/Drainage Superintendent/ Property Standards Officer Bill Knifton 9. Water/Wastewater Operations Manager Ed Roloson 10. Public Works Operations Supervisor Ed Bradfield 11. Fire Chief/By-law Enforcement Officer/Property Standards Officer, Provincial Offences Officer and Community Emergency Management Co-ordinator/ Livestock Valuer Randy White 12. Bayham Fire and Emergency District Chief Port Burwell Tom Millard 13. Bayham Fire and Emergency District Chief Straffordville Perry Grant 2. THAT Appointment By-law 2013-110, and all amendments thereto are hereby repealed. 3. THAT this by-law shall come into force and take effect on the 31st day of December 2016. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 15th day of December 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-107 A BY-LAW TO ADOPT A USE OF CORPORATE RESOURCES FOR ELECTION PURPOSES POLICY WHEREAS the Council of The Corporation of the Municipality of Bayham recognizes the need for a clear and concise policy concerning Use of Corporate Resources for Election Purposes; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the Policy on Use of Corporate Resources for Election Purposes be confirmed and adopted by By-law; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT effective upon passage the Policy on Use of Corporate Resources for Election Purposes attached hereto as Schedule "A" and forming part of this by- law is hereby adopted as the policies and procedures for the use of corporate resources for election purposes for the Municipality of Bayham. 2. THAT this Municipal Use of Corporate Resources for Election Purposes Policy By-law may be amended from time as directed and deemed necessary by The Council of the Corporation of the Municipality of Bayham 3. THAT any Use of Corporate Resources for Election Purposes policies previously adopted are hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15st day of December 2016. MAYOR CLERK -g,AY i 4 po:'tuni 1Lo� 5 ty Use of Corporate Resources for Election Purposes Policy Section 1 - Policy 1.1 The purpose of this policy is to clarify that all election candidates, including Members of Council are required to follow the provisions of the Municipal Elections Act, 1996 and that: i. No candidate shall use the facilities, equipment, supplies, services, staff or other resources of the Municipality for any election campaign or campaign related activities. ii. No candidate shall undertake campaign-related activities on Municipal property. iii. No candidate shall use the services of persons during hours in which those persons receive any compensation from the Municipality. Section 2 - Rationale&Legislative Authority 2.1 It is necessary to establish guidelines on the appropriate use of corporate resources during an election period to protect the interests of both the Members of Council and the Municipality. 2.2 The Municipal Elections Act, 1996 prohibits a municipality from making a contribution to a candidate. The Act also prohibits a candidate, or someone acting on the candidate's behalf, from accepting a contribution from a person who is not entitled to make a contribution. As a contribution may take the form of money, goods or services, any use by a Member of Council of the Municipality's resources for his or her election campaign would be viewed as a contribution by the Municipality to the Member, which is a violation of the Act. Section 3—Application 3.1 This policy is applicable to all candidates, including Members of Council. Section 4— Procedure 4.1 That, consistent with the Municipality of Bayham Councillor Code of Conduct and in accordance with the provisions of the Municipal Elections Act, 1996: i. Corporate resources, assets and funding shall not be used for any election-related purposes; ii. Staff shall not canvass or actively work in support of a municipal candidate or party during normal working hours unless they are on a leave of absence without pay, lieu time, float day, or vacation leave; iii. Candidates shall not use any municipally-provided facilities for any election-related purposes. iv. Neither campaign related signs nor any other non-municipal election-related material will be displayed in any municipally-provided facilities; 4.2 Members of Council shall not: i. Print or distribute any material paid by municipal funds that illustrates that a Member of Council or any other individual is registered in any election or where they will be running for office; ii. Profile (name or photograph), or make reference to, in any material paid by municipal funds, any individual who is registered as a candidate in any election; and iii. Print or distribute any material using municipal funds that makes reference to, or contains the names or photographs, or identifies registered candidates for municipal elections; and that the Minutes of municipal Council and Committee meetings be exempt from this policy; 4.3 Members of Council are responsible for ensuring that the content of any communication material, printed, hosted or distributed by the Municipality of Bayham, is not election-related; 4.4 The Municipal logo, crest, coat of arms, slogan, etc. shall not be printed or distributed on any election materials or included on any election campaign related website, except in the case of a link to the Municipality's website to obtain information about the municipal election; 4.5 Distribution lists or contact lists developed utilizing Municipal resources or through contact in a Member of Council's role shall not be utilized for election purposes; 4.6 Registered candidates may have their names and contact information posted on the Municipality of Bayham's Municipal Election section of the Municipal website without biographical information and/or links to personal websites; 4.7 The above provisions also apply to an acclaimed Member of Councilor and a Member of Council not seeking re-election. 4.8 In accordance with the Municipal Elections Act, 1996, the CAO/Clerk be authorized and directed to take the necessary action to give effect to this policy. Section 5— Limitation 5.1 Nothing in this Policy shall preclude a Member of Council from performing their job as a Councillor, nor inhibit them from representing the interests of the constituents who elected them. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-108 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN OPERATING AND MAINTENANCE LEASE AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND STRAFFORDVILLE HALL FOUNDATION WHEREAS the Municipal Act, 2001 S.O. 2001 c25, as amended, s. 8(1) contains broad authority to municipalities to enable municipalities to govern its affairs as it considers appropriate; AND WHEREAS The Corporation of the Municipality of Bayham is the registered owner of property municipally known as 56169 Heritage Line, Straffordville, ON NOJ 1Y0; AND WHEREAS The Corporation of the Municipality of Bayham owns a building on the property known as the Straffordville Community Centre; AND WHEREAS the Council of The Corporation of the Municipality of Bayham is desirous of entering into an agreement for the operation and maintenance of the Straffordville Community Centre. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1 . THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between the Municipality of Bayham and the Straffordville Hall Foundation for the operation and maintenance of the Straffordville Community Centre; 2. THAT this by-law shall come into full force and effect upon the final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15TH DAY OF DECEMBER 2016. MAYOR CLERK OPERATING AND MAINTENANCE LEASE AGREEMENT This Operating and Maintenance Lease made December 15th, 2016: BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the "Landlord") - and - STRAFFORDVILLE HALL FOUNDATION (the "Tenant") WHEREAS the Landlord is a duly incorporated lower-tier municipality in the province of Ontario within the meaning of the Municipal Act, 2001 SO 2001 c 25, Canada, which is governed by Mayor and Council (hereinafter, "Municipal Council") and operated by administration; AND WHEREAS the Tenant, the Straffordville Hall Foundation, is a not-for profit charity corporation incorporated pursuant to the Ontario Not-For-Profit Corporations Act; AND WHEREAS the Landlord is the registered owner of property municipally known as 56169 Heritage Line, Straffordville, ON NOJ 1Y0 (hereinafter, "the Property"); AND WHEREAS the Landlord owns a building on the property known as the Straffordville Community Centre that is used by the general public for community, social, and recreational activities; AND WHEREAS the Tenant intends to operate and manage access to the Community Centre, as directed by the Landlord, situated on the Property, providing community, social and recreational activities, which contributes to the general wellbeing of the community; AND WHEREAS the Landlord and the Tenant have agreed to enter into this Operating Lease Agreement to set out the terms by which the Landlord will permit the Tenant to operate the Straffordville Community Centre and to set out the responsibilities for maintenance and management of the Straffordville Community Centre between the Parties; AND WHEREAS the Chief Administrative Officer (CAO) of the Landlord is authorized by Municipal Council to administer this Agreement in its entirety on the Landlord's behalf, once this Agreement is endorsed by Municipal Council; AND WHEREAS the Tenant's Chief Executive Officer (CEO) is authorized by the Tenant to administer this Agreement on its behalf, once it has endorsed this Agreement; and NOW THEREFORE THIS AGREEMENT WITNESSETH THAT, in consideration of the payment of the sum of TWO DOLLARS ($2.00)from each Party to the other and for other good and valuable consideration, including the mutual covenants contained herein, including the access and occupancy rights granted to the Tenant in consideration for operation and maintenance services granted to the Landlord, the Parties hereby covenant and agree as follows: Section 1 - Recitals 1.1 The above recitals are true and are hereby incorporated into this Agreement by reference. Section 2 - Definitions 2.1 In addition to terms defined elsewhere in this Agreement, the following terms have the following meanings: a. "Agreement" shall mean this Agreement, as it may be confirmed, amended, modified, supplemented or restated by written agreement between the Parties. b. "Business Day" shall mean any day excluding a Saturday, Sunday or statutory holiday in the Province of Ontario. c. "Communication"shall mean any notice, demand, request, consent, approval or other communication which is required or permitted by this Agreement to be given or made by a Party. d. "Community Partners" shall mean not-for-profit community organizations, or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community as determined by the Municipality. e. "Members" shall mean persons classified as members in accordance with the by- laws of the Tenant. f. "Parties" shall mean the Landlord and the Tenant collectively and "Party" means any one of them. g. "Trade Fixtures" shall mean the plumbing fixtures, appliances, shelving in the Straffordville Community Centre and any other item meeting the requirements of a trade fixture as set out in the current and evolving common law of Ontario. Section 3 - Covenants 3.1 The Parties agree that all obligations contained in this Agreement, even if not expressed to be covenants, shall be deemed to be covenants. Section 4—Term & Termination 4.1 TERM a. Subject to the termination and amendment provisions of this Agreement, this Agreement shall commence on December 15, 2016 (the "Effective Date") and shall continue for a period of five (5) years, ending on December 15, 2021(hereinafter, "the Term"). b. At least six (6) months prior to the end of the Term, the Parties agree to meet to negotiate potential renewal terms. If no agreement is reached prior to the last day of the Term, the Agreement shall expire unless the Parties mutually agree in writing to extend the negotiation period for sixty (60) days ("Extension Period"). In the event renewal terms have not been agreed to by the Parties at the end of the Extension Period, the Agreement shall terminate immediately on the last day of the Extension Period. 4.2 TERMINATION a. If the Tenant neglects or fails to carry out or to comply with any of the terms, covenants, undertakings or conditions of this Agreement, the Landlord may, after having given written notice to the Tenant of such default, terminate this Agreement by giving thirty (30) days notice in writing to the Tenant and this Agreement shall be deemed to be terminated on the day specified in the notice. b. The Landlord may terminate this Agreement for any reason by giving thirty (30) days notice in writing to the Tenant and this Agreement shall be deemed to be terminated on the day specified in the notice. c. The Tennant may terminate this Agreement for any reason by giving sixty (60) days' notice in writing to the Landlord and this Agreement shall be deemed to be terminated on the day specified in the notice. Section 5 - Right to Use 5.1 The Landlord hereby grants to the Tenant the non-exclusive right to utilize the Straffordville Community Centre,subject to standard booking provisions as defined within this agreement, at no cost when the funds or ends of such potential use are for the benefit of the Municipality,as determined by the Landlord,for the provision of operating services by the Tenant. a. A listing of all dates, times and purposes of use as contemplated within Section 5.1 of this Agreement shall be provided to the Landlord on a monthly basis, within the rental-booking spreadsheet as provided by the Landlord. 5.2 FACILITY OPERATIONS MANAGEMENT a. The Tenant shall provide the following services through its members, plus additional services required by the Landlord, pursuant to the terms of this Agreement: Facility managerial services on a day to day basis regarding operation of the Straffordvile Community Centre, and the revenue derived therefrom. ii. Utilize the email provided by the Landlord to communicate with all potential renters, renters and the Landlord for all communications in accordance with any Landlord IT Policy that may be provided or updated from time to time. iii. Utilize the cell phone provided by the Landlord to communicate with all potential renters, renters and the Landlord for all communications. iv. Meets the prospective renters of the facilities to view the facilities, and when the facilities are rented, arranges for the execution of the standard rental agreement as provided by the Landlord. v. Receives all deposits required for the rental of the facilities or part of the facilities and obtains the balance of the rental payment when due. vi. Ensures the facilities will be open for the use of persons or organizations who have rented the premises, or part of the premises a minimum of thirty (30) minutes prior to rental commencement time. vii. The Tenant will be available by cell phone, number to be posted, in the event of a renter requiring assistance. viii. Sets up all tables and chairs for the individuals or organizations renting the premises, according to the direction of the Renter, but not in a manner that would prevent the safe and orderly exit of persons attending the scheduled function in the event of an emergency. • A standard table and chair set up may remain in between uses. • Community Partners may set up tables and chairs without Tenant assistance. ix. Advises the persons or organizations using or renting the facilities, of the regulations (including Municipal Alcohol Policy requirements) in so far as conduct of persons during the scheduled function, the period of time calculated for purposes of determining the rental rate applicable, the bar closing time and time for the removal of persons attending the function and closing the facility. x. Clears the tables and chairs of all items left following the function, re- arranges places in standard set up or stacks all tables and chairs for the next function or event. • The Tenant ensures tables are wiped with a sanitizing solution prior to stacking or placement. xi. Oversees the use of the facilities in the kitchen area and ensures that all stoves, refrigerator, coolers, dishwashers and kitchen utensils are operated in a safe and orderly manner. Ensures that the persons or organizations using the kitchen facilities,which shall include the foregoing,wash and clean, all items used, before leaving the premises. xii. Ensures clear communication with all parties (Supervisor, contractors, renters and contacts). xiii. Ensures facility is locked and secured at the conclusion of the rental. 5.3 BOOKING-FEE COLLECTION a. The Tenant shall conduct all booking operations on the email and cell provided by the Landlord. b. The Tenant shall maintain a record of all activities, rentals and monies received on a cloud based spreadsheet as set up and directed by the Landlord. c. The Tenant shall safeguard all funds received for rentals and make out receipts for funds received and submit a minimum monthly return of all monies received to the Treasurer of the Municipality of Bayham. i. All payment shall be made to the Corporation of the Municipality of Bayham in accordance with the Corporation of the Municipality of Bayham Rates & Fee By-law in force and effect on the day of booking. ii. Any payment amounts received by the Tenant that are not deposited directly into the accounts of the Landlord through a point of sale terminal are held by the Tenant for the Landlord until such time as they are remitted to the Landlord by way of deposit. 5.4 JANITORIAL WORKS a. The Tenant shall be solely responsible for the provision of janitorial services for rental uses of the main floor of the Straffordville Community Centre, including but not limited to: Wash all tables with sanitizing solution ii. Cleaning the facilities after each use iii. Sweep and spot mop or full wet mop as necessary iv. Clean rubber mats v. Empty all recyclables & place outside for pickup vi. Empty garbage and remove to outside bin (40 lb. limit) vii. Clean glass on doors viii. Wash counters, mirrors and sinks with sanitizing solution ix. Wipe fridge and cooler inside and outside with sanitizing solution & clean glass as required x. Clean toilet bowls, seats, frames to base, urinals xi. Wash wooden & vinyl chairs xii. Maintains dispensers - soap, towel, toilet paper etc. xiii. Disinfect all surfaces (door handles, light switches etc.) b. The Tenant shall order all required supplies, materials and equipment to perform the specified janitorial services, from the Landlord. The Tenant will ensure orders are placed in advance of need so that the Landlord is provided with adequate time to obtain the items and provide them to the Tenant in advance of their need. c. The Tenant shall provide to the Landlord a record of janitorial works at any time upon the request of the Landlord, and such record shall demonstrate when janitorial works were provided in the Straffordville Community Centre and what janitorial works were conducted. The Tenant shall retain such records in accordance with sections 254 and 255 of the Municipal Act, 2001 RSO 2001, c. 25, as may be amended. a. This may be a hard copy spreadsheet located in the Janitors closet. d. The Landlord shall coordinate and conduct the following activities as required in the sole discretion of the Landlord: Buff Main Hall Floor ii. Steam clean all carpets and matting 5.5 HEALTH &SAFETY a. The Tenant shall be required to show proof of registration with the WSIB or a letter stating the Tenant is not subject to the conditions of WSIB from the WSIB. b. The Landlord is committed to: The prevention of workplace injury and illness to all workers at Municipal locations. ii. The belief that Tenant safety is compatible with the safety policy of the Municipality and is good business. iii. Assuming a leadership role by citing contractors for any violations of the contract. iv. Ensuring the Municipal workplace is a healthy and safe working environment, tenants, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. c. As a Tenant retained to perform operations for the Municipality of Bayham, the Tenant accepts the following health and safety responsibilities: i. Comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies and procedures, department and site specific policies and procedures and all applicable legislation or regulations. ii. Conduct operations safely with skill and care so as to prevent accidental injury to members and all other persons on the site. d. The Tenant shall ensure compliance with the Municipality of Bayham Health & Safety Policy, as available through the municipal website. e. The Landlord will conduct monthly Health & Safety inspections of the Straffordville Community Centre. i. The Tenant shall immediately report any health and safety concerns to the Landlord in writing. Section 6 - Specific Landlord and Tenant Covenants 6.1 MAINTENANCE AND REPAIR OF STRAFFORDVILLE COMMUNITY CENTRE AND PROPERTY a. The Landlord covenants to deliver the Straffordville Community Centre to the Tenant in a state of good repair and cleanliness and warrants that upon delivery, the foundation, walls, structure and roof of the Straffordville Community Centre and the heating, ventilation, air conditioning, mechanical, plumbing and electrical systems serving the Straffordville Community Centre are in good working order. b. The Landlord covenants that for the entirety of the Term and any renewals thereof, it shall maintain the Straffordville Community Centre, in a good state of repair.Without limiting the foregoing, the Landlord agrees that it shall ensure that the foundation, walls, structure and roof of the Straffordville Community Centre remain structurally sound and that the heating, ventilation, air conditioning, mechanical, plumbing and electrical systems serving the Straffordville Community Centre are maintained in good and working condition and provide for reasonable conditions of temperature, humidity, sanitation and air quality. c. Notwithstanding any other provision of this Lease, if the Straffordville Community Centre, the boilers, engines, controls, pipes and other apparatus used for the purpose of heating or air-conditioning the Property, the water and drainage pipes, the electric lighting, any other equipment or the roof or outside walls of the Property are put in a state of disrepair or are damaged or destroyed through the negligence, carelessness or misuse of the Tenant, its servants, agents, employees or anyone permitted by it to be in the Property exclusive of the renters or the attendees of the renters, regular wear and tear excepted, the expense of the necessary repairs, replacements or alterations shall be borne by the Tenant and paid to the Landlord forthwith on demand. In the event that such repairs are undertaken by the Landlord as a result of negligence, carelessness or misuse by the Tenant, wear and tear excepted, the amount to be paid shall include a sum equal to fifteen percent(15%) thereof for overhead. d. The Landlord covenants that for the entirety of the Term and any renewals thereof, it may make all necessary repairs (including partial and/or full replacement) of the foundation, walls, structure and roof of the Straffordville Community Centre and the heating, ventilation, air conditioning, mechanical, plumbing and electrical systems serving the Straffordville Community Centre at its sole expense, as budget permits, at the sole, absolute and unfettered discretion of Council.The Landlord agrees that it may make all reasonable efforts when conducting maintenance and repairs to do so in a fashion that minimizes disturbance and inconvenience to the Tenant and the general public which frequents the Straffordville Community Centre. e. The Landlord covenants that for the entirety of the Term and any renewals thereof, it shall maintain and keep clean and tidy all outside grounds of the Straffordville Community Centre and will not allow garbage, waste or objectionable material to accumulate on the Property, including but not limited to the entrances to the Community Centre, parking lot, sidewalks, lawn and flowerbeds.At its sole expense for the duration of the Term, including any renewals thereof, the Landlord shall provide all lawn cutting, landscaping, snow and ice removal and all other ground maintenance services on the Property. 6.2 INSPECTION AND NOTIFICATION OF ACCIDENTS/DEFECTS a. The Tenant covenants to permit the Landlord to enter into, use and view the state of repair of the Straffordville Community Centre at any time and the Landlord, shall, under no circumstances, ever be prohibited from entering or utilizing the Property or the Straffordville Community Centre. b. The Tenant covenants that its members shall give the Landlord reasonable notice in writing of any accident, damage to or other defect on the Property that it obtains knowledge of with respect to: i. the foundation, walls, structure and/or Connections of the Straffordville Community Centre; ii. the heating, ventilation, air conditioning, mechanical, plumbing and electrical systems serving the Straffordville Community Centre; and/or; iii. the water supply/quality, sewage, waste disposal, drainage, temperature, and/or air quality at the Straffordville Community Centre. 6.3 UTILITIES, WATER/WASTEWATER AND MUNICIPAL TAXES a. The Landlord covenants that it shall provide, pay for and maintain at its sole expense for the entirety of the Term and any renewals thereof, all heat, electricity,water, gas and light required for the Tenant to conduct operations in the Straffordville Community Centre, including the costs of any installation, maintenance, service or work necessary to supply the utilities to the Straffordville Community Centre. b. In addition to Section 6.3(a) above, the Landlord covenants that for the entirety of the Term and any renewals thereof,the Landlord shall provide non-potable water to all taps/faucets within the Straffordville Community Centre. c. The Landlord covenants that for the entirety of the Term and any renewals thereof, the Landlord shall pay all municipal taxes attributable to the Straffordville Community Centre and the balance of the Property. 6.4 FURNISHINGS a. The Landlord shall own all furnishings within the Straffordville Community Centre. b. No furnishings shall be added to the Straffordville Community Centre by the Tenant or any other person unless such furnishing are donated to the Landlord, accepted by the Landlord and the same is documented in written format. 6.5 ALTERATIONS, INSTALLATIONS AND TRADE FIXTURES a. During the Term and any renewals thereof, the Tenant shall not make any cosmetic alternations (i.e. paint, carpet, tile, etc.) to the Straffordville Community Centre without the prior written approval of the Landlord. 6.6 STAFFING- MEMBERS a. The Tenant shall be fully responsible for all staffing, including, if any, applicable costs for its operations in the Straffordville Community Centre. All persons who provide services as directed by the Tenant in connection with the Tenant's operations shall be members of the Tenant for all purposes and the Landlord shall under no circumstances be deemed the employer of any members providing services for the Tenant. The Tenant and Landlord agree that each of them shall at their own cost and expense, maintain worker's compensation coverage, unemployment compensation coverage and other like statutorily required coverage with respect to their own respective employees/members. For greater certainty,the Landlord shall not be deemed to have any oversight, control, supervision or responsibility over any member that may be associated with the Tenant. 6.8 COMPLIANCE WITH LAW a. The Tenant agrees that at all times during the Term and any renewals thereof, it shall comply with all federal, provincial and municipal laws, statutes, regulations and by-laws. 6.9 AUTHORIZED USAGE, SUB-LETTING AND ASSIGNMENT a. The Tenant shall not assign, transfer, alter or sublet its rights and obligations under this Agreement to any other organization or person. Section 7 - Liability, Indemnification and Insurance 7.1 In addition to and without limiting any other provision of this Agreement, the Landlord covenants that it shall be fully responsible for the following: a. its own municipal operations/activities; b. maintenance of the parking lot and the Property(including but not limited to snow/ice removal and access/egress to the Community Centre); and c. its own employees, Councillors,officers, directors,agents and consultants engaging in the furtherance of their municipal duties, wherever situate. 7.2 The Landlord hereby agrees to release, indemnify, defend and hold harmless the Tenant including their respective members, employees, sub-tenant(s), officers, directors, representatives, agents, legal counsel and consultants (as applicable) from and against any and all claims, causes of action, demands, losses, costs, charges, fees, expenses, duties, dues, accounts, covenants, or other proceedings of every kind or nature whatsoever at law or in equity brought against, suffered by or imposed which arise out of or are related to any loss, damage or injury to any person or property (including injury resulting in death) which: a. occurs on any portion of the Property that does not make up the Straffordville Community Centre; and/or b. is caused by its own employees, Councillors, officers, directors, agents and consultants, wherever situate, acting in the course of their municipal duties and/or performing obligations required to be performed pursuant to this Agreement save and except those which: i. occur in the Straffordville Community Centre and do not involve a Landlord employee acting in the course of his/her municipal duties and/or performing obligations required to be performed pursuant to this Agreement; ii. are caused by the Tenant's own employees, members, officers, directors, agents, representatives and consultants engaging in the furtherance of its operations; iii. are caused by the operations of the Tenant or any of its Community Partners, authorized users, sub-tenant(s) or employees thereof in the furtherance of the operations of the Tenant or any of its Community Partners, authorized users or sub-tenant(s); iv. are sustained by either the Tenant's or the Tenant's sub-contractor(s)' employees during the course of their employment which are covered by WSIB coverage; and/or v. are caused by the negligence or willful conduct of the Tenant, its Community Partners, authorized users, sub-tenant(s)or by those for whom the Tenant is at law responsible. 7.3 The Landlord agrees that it shall at its own expense, obtain and maintain in full force and effect during each year of this Agreement and any renewal thereof and for an additional three (3) years following the termination of this Agreement or any renewal thereof, the following policies of insurance coverage: a. Commercial General Liability Insurance ("CGL") on an occurrence basis insuring against damages to persons (personal injury, including death) and property, contractual liability, employer's liability, and employee benefits liability with a limit of not less than five million dollars ($5,000,000.00) per occurrence or such greater amount that any Party may from time to time request and/or reasonably require.The CGL shall: include the Tenant as additional insured; ii. contain a cross-liability clause; iii. contain a severability of interests clause endorsement; iv. contain a clause including contractual liability coverage arising out of this Agreement; and shall not be subject to a deductible limit in excess of ten thousand dollars ($10,000.00). b. The above noted CGL shall include a provision that if cancelled or changed in any manner that would affect the Parties as outlined in the coverage specified, the insurer will endeavor to provide thirty (30) days prior written notice by mail or facsimile transmission to the Parties. c. Errors and Omissions coverage for potential errors and omissions arising from the operations of its employees (including employee benefits liability) in an amount not less than five million dollars ($5,000,000.00) exclusive of interest and legal costs, underwritten by an insurer licensed to conduct business in the Province of Ontario, which includes the Tenant as additional insured. d. A certificate of insurance evidencing the effective status of the coverage is to be provided by the Landlord at the commencement of the term of this Agreement and at the commencement of any renewal period.The insurance shall be maintained for an additional three (3) years following the termination of this Agreement and any renewals thereof. The Landlord shall advise the Tenant of any changes to the insurance and shall provide a certificate with respect to any such changes. In the event the insurance policy contains an insured vs. insured exclusion, the exclusion must be amended to allow for claims against the named insured by the additional insured. If the insurance policy is to be cancelled or non-renewed for any reason, ninety(90)days notice of said cancellation or non-renewal must be provided to the Tenant. The post-termination insurance covenants above shall survive the termination of this Agreement. 7.4 In addition to and without limiting any other provision of this Agreement, the Tenant covenants that it shall be fully responsible for the following: a. the Straffordville Community Centre, except for the actions of the employees of the Landlord in the Straffordville Community Centre in furtherance of their municipal duties, landlord duties, and/or duties required to be performed pursuant to this Agreement; b. its operations/activities; c. its own employees, members, officers, directors, agents, representatives, volunteers and consultants engaging in the furtherance of its operations; and 7.5 The Tenant hereby agrees to release, indemnify, defend and hold harmless the Landlord, including each of its respective employees, Councillors, officers, directors, representatives, agents, legal counsel and consultants from and against any and all claims, causes of action, demands, losses, costs, charges, fees, expenses, duties, dues, accounts, covenants, or other proceedings of every kind or nature whatsoever at law or in equity brought against, suffered by or imposed which arise out of or are related to any loss, damage or injury to any person or property (including injury resulting in death)which: a. occurs on the Property; and b. is caused by its own employees, members, officers, directors, sub-tenants, agents, Community Partners, authorized users, and representatives or consultants in the course of their duties for the Tenant save and except those which: i. are caused by the Landlord's employees, Councillors, officers, directors, agents and consultants, wherever situate, in the course of their municipal duties and/or while performing duties required to be performed pursuant to this Agreement; ii. involve injuries to Landlord's employees engaged in the course of their employment for the Landlord, which are covered by WSIB; and/or iii. are caused by the willful or negligent conduct of the Landlord. 7.6 The Tenant agrees that is shall at its own expense, obtain and maintain in full force and effect during each year of this Agreement and any renewal thereof, and for an additional three (3) years following the termination of this Agreement or any renewal thereof, the following policies of insurance coverage: a. Commercial General Liability Insurance ("CGL") on an occurrence basis insuring against damages to persons (personal injury, including death) and property, contractual liability, employer's liability, and employee benefits liability with a limit of not less than two million dollars ($2,000,000.00) per occurrence or such greater amount that any Party may from time to time request and/or reasonably require.The CGL shall: i. include the Landlord as additional insured; ii. contain a cross-liability clause; iii. contain a severability of interests clause endorsement; iv. contain a clause including contractual liability coverage arising out of this Agreement; v. contain tenant's liability(all risks)coverage for all obligations pursuant to the Rental Agreement ; and vi. not be subject to a deductible limit in excess of five thousand dollars ($5,000.00) b. The above noted CGL shall include a provision that if cancelled or changed in any manner that would affect the Parties as outlined in the coverage specified, the insurer will endeavor to provide thirty (30) days prior written notice by mail or facsimile transmission to the Parties. c. A certificate of insurance evidencing the effective status of the coverage is to be provided by the Tenant at the commencement of the term of this Agreement and at the commencement of any renewal period. The insurance shall be maintained for an additional three (3) years following the termination of this Agreement and any renewals thereof. The Tenant shall advise the Landlord of any changes to the insurance and shall provide a certificate with respect to any such changes. In the event the insurance policy contains an insured vs. insured exclusion, the exclusion must be amended to allow for claims against the named insured by the additional insured. If the insurance policy is to be cancelled or non-renewed for any reason, ninety(90) days notice of said cancellation or non-renewal must be provided to the Landlord. The post-termination insurance covenants above shall survive the termination of this Agreement. d. The Landlord and the Tenant agree that they will provide each other with proof of insurance, identifying all lines of coverage required by this Agreement by means of Certificate(s)of Insurance in a form satisfactory to the Parties each year, or ten (10) days prior to renewal of each insurance policy, and for an additional three (3)years following the termination of this Agreement and any renewals thereof. e. In addition to and without limiting the foregoing, the Landlord and the Tenant shall at any time requested by any Party, provide another Party with proof of insurance. The Parties further agree that they shall not change, amend or cancel the insurance policies noted in this Agreement during the term of this Agreement or any renewals thereof without the written consent of the Parties to this Agreement. f. In the event the Tenant ceases to exist as a not for profit organization, all rights, interests, chattels, assets, trade fixtures, etc. shall become the property of the Landlord save and except any item to which a security in higher priority is attached to the thing or asset or interest. Section 8 - Notice 8.1 Notices a. Any Communication shall be in writing and may be delivered: personally or by courier; or ii. by prepaid registered mail; or iii. by facsimile; or iv. by email or equivalent electronic means of transmission. b. Any Communication shall be delivered to the persons and addresses as follows: to the Landlord at: Municipality of Bayham 56169 Heritage Line Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 pshipway(a�bayham.on.ca to the Tenant at: Straffordville Hall Foundation 55716 Main Street, PO Box 159 Straffordville ON NOJ 1Y0 0/0 Donna Neville scc@bayham.on.ca c. Any Communication delivered to the Party to whom it is addressed will be deemed to have been given or made and received on the day it is delivered at that Party's address, provided that if that day is not a Business Day then the Communication will be deemed to have been given or made and received on the next Business Day. Any Communication transmitted by facsimile, e-mail or other functionally equivalent electronic means of transmission will be deemed to have been given or made and received on the day on which it is transmitted; but if the Communication is transmitted on a day which is not a Business Day or after 4:30 p.m. (local time of the recipient), the Communication will be deemed to have been given or made and received on the next Business Day. Section 9 —Administration 9.1 FURTHER ASSURANCES a. The Parties hereto at all times warrant that they shall do, execute, acknowledge, deliver and/or cause to be done such other acts, agreements and other documents as may be reasonably required or desirable to give effect to the terms of this Agreement. 9.2 AMENDMENT AND WAIVER a. No amendment, discharge, modification, restatement, supplement, termination or waiver of this Agreement or any section of this Agreement is binding unless it is in writing and executed by the Parties to be bound. No waiver of,failure to exercise, or delay in exercising any section of this Agreement constitutes a waiver of any other section (whether or not similar) nor does any waiver constitute a continuing waiver unless otherwise expressly provided. b. The Parties agree and warrant that in the event this Agreement is renewed, amended or replaced, such amendments or replacement shall be worded to take full force and effect on the 1st day of January for the year in which the amendment or new agreement is made. 9.3 ENUREMENT a. This Agreement enures to the benefit of and is binding upon the Parties and their respective Councils, members, administrators, employees,successors,employees, agents, representatives, directors, consultants and permitted assigns. 9.4 ENTIRE AGREEMENT a. This Agreement, including its schedules, constitutes the entire agreement between the Parties with respect to the Straffordville Community Centre and associated potential liability. This Agreement, inclusive of its schedules, supersedes all prior agreements, understandings, negotiations and discussions,whether oral or written, between the Parties and the Parties hereby acknowledge that there are no representations,warranties or other agreements between the Parties in connection with the subject matter of this Agreement except as specifically set out in this Agreement and its schedules. No Party has been induced to enter into this Agreement in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included as a term in this Agreement. Except as amended herein, the terms of this Agreement shall remain in full force and effect. 9.5 VOLUNTARY ENFORCEABLE AGREEMENT a. The Parties warrant that this Agreement is voluntary and that each Party has had an opportunity to seek the advice of separate and independent legal counsel with respect to this Agreement. b. The Landlord and the Tenant agree that they have the legal right and ability to enforce the said provisions of this Agreement hereunder against each other and both the Landlord or the Tenant are estopped from pleading or asserting otherwise in any action or proceeding. 9.6 COUNTERPARTS a. This Agreement may be executed and delivered by the Parties in one or more counterparts, each of which will be an original, and each of which may be delivered by facsimile, e-mail or other functionally equivalent electronic means of transmission, and those counterparts will together constitute one and the same instrument. 9.7 SEVERABILITY a. Each section of this Agreement is distinct and severable. If any section of this Agreement, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction,the illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: i. the legality, validity or enforceability of the remaining sections of this Agreement, in whole or in part; or ii. the legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. 9.8 GOVERNING LAW a. This Agreement is governed by and is to be construed and interpreted in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province. IN WITNESS WHEREOF the Parties have hereunto set their hands and seals this on the date(s) noted below and agree that this Agreement shall be effective on the date set out at the top of page one (1) of this Agreement. SIGNED, SEALED AND WITNESSED THE CORPORATION OF THE MUNICIPALITY OF In the Presence of ) BAYHAM MAYOR CLERK STRAFFORDVILLE HALL FOUNDATION per: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-109 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND AFFORDABLE PORTABLES WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Affordable Portables, for Portable Washroom Supply, Placement and Cleaning at various locations within the Municipality of Bayham NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Affordable Portables and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-110 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 15, 2016 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held December 15, 2016 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 15th day of December, 2016. MAYOR CLERK