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December 07, 2017 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 7, 2017 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Moore 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 16, 2017 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 A. Report BL-02/17 by Randy White Fire ChieflBy-law Enforcement Officer re Proposed Burning By-law 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 2017 Council Agenda December 7, 2017 10.1.1 Receive for Information A. Notice of Public Meeting re 44 Oak Street B. Notice of Adoption of Official Plan Amendment No. 22 re 27 Erieus Street C. Notice of Refusal of a Zoning By-law Amendment re 56087 Calton Line D. Notice of Public Meeting re 5149 Clarke Road E. Notice of Public Meeting re 0830513 BC Ltd. 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-71/17 by Bill Knifton, Chief Building Official/Drainage Superintendent re Branch A of the Number One Drain Improvements 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Gravel Watch Ontario re Concerns regarding Cornerstone Standards Council (CSC) Responsible Aggregate Standard and Certification System B. Ministry of Municipal Affairs / Ministry of Labour re Bill 148 C. City of Hamilton re Provincial Flood Insurance Program D. Town of Tillsonburg re Oxford People Against Landfill Group E. Ontario Provincial Police re updates from the Municipal Policing Bureau of the OPP F. Ministry of Municipal Affairs re Municipal Transient Accommodation Tax G. Ministry of Finance re 2018 Ontario Municipal Partnership Fund Allocations 11.1.2 Requiring Action A. Long Point Region Conservation Authority re 30-Day Notice to Affected Municipalities — 2018 Draft LPRCA Budget B. Port Burwell Harbourfront Committee re matters relating to the further operations of the Port Burwell Harbour and Beach areas 11.2 Reports to Council A. Report TR-13/17 by Lorne James, Treasurer re 2017 Q3 Variance Report B. Report CAO-76/17 by Paul Shipway, CAOICIerk re RFT 17-05 Supply & Placement of Granular Materials 2017 Council Agenda December 7, 2017 C. Report CAO-77/17 by Paul Shipway, CAOICIerk re RFT 17-06 Sale of Surplus Equipment D. Report CAO-78/17 by Paul Shipway, CAOICIerk re Parks By-Law - Draft 12. BY-LAWS A. By-Law 2017-109 Being a By-law to regulate fires in the Municipality of Bayham (This By-law follows the recommendation made in Report BL-02/17 by Randy White Fire Chief]By-Law Enforcement Officer during the regular meeting of December 7, 2017) B. By-Law 2017-116 Being a By-law to regulate signs including election signs within the Municipality of Bayham (This by-law follows the recommendation made in Report CAO- 70/17 by Paul Shipway, CAOICIerk during the regular meeting of November 16, 2017) C. By-Law 2017-117 Being a By-law to authorize the execution of a trust agreement between the Municipality of Bayham and Port Burwell Historical Society (This by-law follows the recommendation made in Report CAO-72/17 Paul Shipway, CAOICIerk during the regular meeting of November 16, 2017) D. By-Law 2017-118 Being a By-law requiring an Emergency Management Program for the protection of public safety, health, the environment, the critical infrastructure and property and to promote economic stability and a disaster-resilient community 13. UNFINISHED BUSINESS A. By-Law 2017-056 re Vienna Memorial Park Concession Booth 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding labour relations or employee negotiations (Organization Structure) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017- 119 Being a By-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 16, 2017 7:00 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL 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. IBI Group Inc. re Presentation and Background Report added as attachment to Item 5-A B. Bayham Beachfest Committee re Straffordville Santa Claus Parade added as Item 11.1.2-A 4. ANNOUNCEMENTS None. 5. DELEGATIONS A. Municipal Planning Consultant William Pol, IBI Group Inc. re Official Plan Review— Background Report presentation William Pol from IBI Group presented an update on the Official Plan Review process to date along with the tasks and timelines moving forward to the finalization and adoption of the Official Plan. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Official Plan Review— Background Report presentation by William Pol IBI Group Inc. be received for information; AND THAT staff be directed to post the Official Plan Background Report on the municipal website for review. CARRIED 2017 Council Minutes November 16, 2017 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 2, 2017 B. Public Meeting held November 2, 2017 Zoning Application Bartsch C. Public Meeting held November 2, 2017 Official Plan and Zoning Applications Mudge Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT the minutes of the Regular Meeting held November 2, 2017, Public Meeting re Bartsch held November 2, 2017 and Public Meeting re Mudge held November 2, 2017, be adopted. CARRIED 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 A. Notice of Adoption of Official Plan Amendment No. 21 re Boeder B. Notice of Passing of Zoning By-Law Z665-2017 re Gagnon C. Notice of Passing of Zoning By-Law Z666-2017 re Martin D. Notice of Passing of Zoning By-Law Z667-2017 re Reimer Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the correspondence items 10.1.1-A - 10.1.1-D be received for information. CARRIED 10.1.2 Requiring Action 2017 Council Minutes November 16, 2017 10.2 Reports to Council A. Report DS-67/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re By-Law 2017-114 Official Plan Amendment No 22 and Zoning By-Law Z669-2017 Mudge Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT Staff Report DS-67/17 regarding the Official Plan and Zoning By-law Amendments submitted by David and Patricia Mudge be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 2, 2017 associated with these applications, there were no written public submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendments are consistent with the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law as outlined in the IBI Group memorandum of September 26, 2017; AND THAT By-law 2017-114, being an adopting By-law for Official Plan Amendment No. 22, regarding lands designated as "Commercial" being changed to "Residential" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 22 be forwarded to the County of Elgin for approval; AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 22 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands from the Central Business District (C1) Zone to the Village Residential (R1) Zone; AND THAT Zoning By-law Z669-2017 be presented to Council for First and Second reading. CARRIED B. Report DS-68/17 by Margaret Underhill, Deputy Clerkplanning Coordinator re Rezoning Application Bartsch 56087 Calton Line and Zoning By-Law Z668-2017 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-68/17 regarding the Bartsch rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 2, 2017 associated with this application, there were no written submissions and no persons made oral presentation regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the Council of the Corporation of the Municipality of Bayham take the following action with respect to the application by Abram and Maria Bartsch relating to the property located at 56087 Calton Line: 2017 Council Minutes November 16, 2017 The request to change the zoning on the lands from Rural Residential (RR) to Rural Residential —Site Specific Temporary Use (RR/T2-6) Zone in Zoning By-law Z456-2003 to permit the manufacturing, retail sales and outdoor storage of mini-barns for a period not exceeding two (2) years BE REFUSED for the following reasons: 1. Non-conformity with the Provincial Policy Statement 2014 (PPS) Section 1.2.6.1 Land Use Compatibility—the proposed temporary industrial use on a residential parcel in an agricultural area has the potential to create a nuisance to neighbouring properties 2. Non-consistency with the Bayham Official Plan Section 8.15.3.2 Temporary Use By-laws Permitted Uses due to noise, traffic and visual impact of outdoor storage and the potential to negatively impact surrounding parcels 3. Non-consistency with the Bayham Official Plan Section 2.1.1.2 — proposed use is not listed and uses that contribute to noise, traffic and visual impact of outdoor storage are not permitted as they have the potential to contribute to land use conflicts 4. Non-compliance with Bayham Zoning By-law Z456-2003 Section 26.2 Supplemental Regulations as the proposed temporary industrial use does not comply with the Rural Residential (RR) Zone CARRIED C. Report DS-69/17 by Margaret Underhill, Deputy ClerkiPlanning Coordinator re Consent Application E73/17 Baldwin Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Staff Report DS-69/17 regarding the Consent Application E73/17 submitted by Charles and Marlene Baldwin be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E73/17 be granted subject to the following conditions: 1. Rezoning of the retained lands to a Site-specific Agriculture (A1-XX) Zone to recognize the minimum lot area deficiency of 15 ha where 20 ha is the required minimum and the severed lands are rezoned to an Agriculture (Al-A) Zone 2. Planning report fee payable to the municipality 3. Confirmation of the completion of the conveyance of the unopened public right-of- way described as Part 1 of 11R10176, having been stopped up, closed and conveyed by By-law 2017-076 passed on August 17, 2017 4. Survey confirmation the Top of Bank plus 6.0 metres is being retained with the retained lands in order for both sides of the valley to stay in one ownership 2017 Council Minutes November 16, 2017 5. Copy of the final survey (paper and digital) provided to the municipality 6. Letter of Undertaking providing for the merger of the severed parcel with the adjacent westerly parcel as per the consent application CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Elgin St. Thomas Public Health re Ontario's Safe and Sensible Framework to Manage Federal Legalization of Cannabis B. Ministry of Finance re Federal Legalization of Cannabis C. Municipality of Morris-Turnberry resolution concerning the Tenanted Farm Tax Class Properties Being Changed to the Residential Tax Class D. Municipality of Bayham Winter Control Operations Notice E. Long Point Region Conservation Authority Board of Directors minutes of meeting held October 4, 2017 Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT the correspondence items 11.1.1-A - 11.1.1-E be received for information. CARRIED 11.1.2 Requiring Action A. Bayham Beachfest Committee re Straffordville Santa Claus Parade Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the revised Event Road Closure Request Form from the Bayham Beachfest Committee regarding the Straffordville Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to amend the route of the 2017 Straffordville Santa Claus Parade; AND THAT the County of Elgin be requested for permission to use Plank Road from Third Street to Heritage Line and Heritage Line from Plank Road to Sandytown Road. CARRIED 2017 Council Minutes November 16, 2017 11.2 Reports to Council A. Report CAO-70/17 by Paul Shipway, CAOICIerk re Sign By-Law Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report CAO-70/17 be received for information; AND THAT Staff be directed to strike out and remove Section 3.2 i, 3.3 and 3.4 and renumber accordingly; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a Sign By-law for Council consideration. CARRIED B. Report CAO-72/17 by Paul Shipway, CAOICIerk re Wheelhouse Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-72/17 re Wheelhouse be received for information; AND THAT Council acknowledge and accept the financials provided by the Port Burwell Historical Society; AND THAT Council acknowledges the Wheelhouse has been fully restored to the level contemplated by Council on June 2, 2016; AND THAT Council direct staff to bring forward a By-law to authorize the execution of a Trust Agreement with the Port Burwell Historical Society, for Council consideration; AND THAT Council approve the placement of the Wheelhouse on municipal property pursuant to the approved Site Plan. CARRIED C. Report CAO-73/17 by Paul Shipway, CAOICIerk re 2018 Insurance Renewal Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report CAO-73/17 re 2018 Insurance Renewal be received for information; AND THAT the 2018 Municipal Insurance Program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated November 6, 2017, at a total premium of$120,717 plus applicable taxes. CARRIED 2017 Council Minutes November 16, 2017 D. Report CAO-75/17 by Paul Shipway, CAOICIerk re Accessibility Plan Update — Status Report Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-75/17 re Accessibility Plan Update — Status Report be received for information. AND THAT the 2017 Municipality of Bayham Accessibility Plan — Status Update be posted on the municipal website. CARRIED 12. BY-LAWS A. By-Law 2017-114 Being a By-law to adopt Official Plan Amendment No. 22 regarding lands designated as "Commercial" being changed to "Residential" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-67/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) B. By-Law Z668-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-68/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and Second Reading Only C. By-Law Z669-2017 Being a By-law to further amend Zoning By-Law Z456-2003 (This by- law follows the recommendation made in Report DS-67/17 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of November 16, 2017) First and Second Reading Only Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT By-Law Z668-2017 be received for information; AND THAT By-Law Z669-2017 be read a first and second time only; AND THAT By-Law 2017-114 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 2017 Council Minutes November 16, 2017 14. OTHER BUSINESS A. Councillor Breyer brought forward a request from the Bayham Historical Society re Christmas Lights in Vienna Memorial Park Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham approve the placement of lights by the Bayham Historical Society at the Vienna Memorial Park for the 2017 — 2018 Holiday season. CARRIED B. Straffordville Hall Foundation re Straffordville Community Centre Outdoor Rink Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Council approve the placement of the Outdoor Skating Rink at the Straffordville Concrete Pad Surface for the 2017 — 2018 winter season; AND THAT Council approves the Fire Department providing water for the initial flooding of the rink. CARRIED Council recessed for a short break at 8:30 p.m. and reconvened at 8:37 p.m. 14.1 In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:37 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • personal matters about an identifiable individual, including municipal or local board employees. CARRIED A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Beattie Rd) B. Confidential Report regarding personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 2017 Council Minutes November 16, 2017 14.2 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session at 8:51 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-115 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT confirming By-Law 2017-115 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 8:53 p.m. CARRIED MAYOR CLERK -g,AY II REPORT :14M5414 00, p`� FIRE DEPARTMENT ppurtunity Is i TO: Mayor & Members of Council FROM: Randy White, Fire Chief/By-law Officer DATE: December 7, 2017 REPORT: BL-02/17 FILE NO. C-07 SUBJECT: Proposed Burning By-law BACKGROUND: The current By-law for regulating the setting of fires in the Municipality of Bayham has been in effect since 2006. CURRENT SITUATION: A proposed burning by-law, attached hereto, has been drafted to consolidate changes, address shortcomings, and update modifications required over the intervening years. The primary changes include the addition of `recreational' fires to the list of exempted fires. This should simplify enforcement while allowing for small fires used for warmth, cooking, and recreation. While restrictions for safety still apply, these fires would not require a permit. The proposed by-law includes a total restriction on flying lanterns. Bayham would be following an increasing number of municipalities banning these items due to public safety concerns. The proposed by-law includes provisions for eliminating the burning of prohibited materials in solid fuel heating appliances. In the previous by-law the municipality could only prevent the burning of garbage, plastics, paints, used oil, etc. in open air fires. This by-law will now encompass wood burning appliances as well. The intent is to eliminate toxic fumes and protect the health and well-being of Bayham residents. In addition, some of the modifications in the by-law have been made to allow for enforcement through ticketing under Part I of the Provincial Offences Act (POA). References to the issuing of orders and appeals has been removed. Page 1 of 2 RECOMMENDATION: 1. THAT Report BL-02/17 regarding a Proposed Burning By-law be received for information; 2. THAT staff be directed to bring forward a By-law to Regulate Open Air Fires in the Municipality of Bayham for Council consideration. Respectfully Submitted by: Reviewed by: Randy White Paul Shipway Fire Chief/By-law Officer CAO VAP— Page 2 of 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-XXX BEING A BY-LAW TO REGULATE FIRES IN THE MUNICIPALITY OF BAYHAM WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, states that a Council of a Municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fires, and regulating the setting of open air fires, including establishing the times during which open air fires may be set; AND WHEREAS Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, provides that open air burning shall not be permitted unless approved or unless such burning consists of a small, confined fire, supervised at all times, and used to cook food on a grill or barbecue; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees or charges on any class of person for services or activities provided or done by or on behalf of it or for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws respecting the environmental well-being of the municipality and the health, safety, and well-being of persons; AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to regulate the use and installation of heating appliances and the storage of fuel for use in heating appliances; AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and property from the potential air pollution from wood burning appliances; AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to regulate the setting of fires; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: SHORT TITLE This By-law may be cited as the 'Burning By-law'. 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Fire Chief or designate. 1.2 "Authorized Agent" means any Responsible Person who can provide reasonable evidence that they are authorized to act for the Owner of a particular property. 1.3 "Ban" on Open-Air fires means a restriction or prohibition on Open-Air fires issued by the Fire Chief. 1.4 "Building" means any structure used or intended for supporting or sheltering any use or occupancy, but does not include a non-enclosing open-sided structure. 1.5 "Burn Permit" means a written conditional authorization in the form of Form 1 — Burn Permit (Schedule C), issued and administered by the Municipality to set or maintain an Open-Air fire, in accordance with any restrictions and conditions contained in this By-Law or as may be specified on the Burn Permit. 1.6 "Chiminea" means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth in which a recreational fire may be set. 1.7 "Combustible" means any material, combination of materials, or arrangement of materials in which any portion thereof is susceptible to catch fire when exposed to heat, flame, or other burning materials. 1.8 "Council" means the Council of the Corporation of the Municipality of Bayham. 1.9 "Effective Barrier" means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth, with the enclosure walls having a minimum height from the ground of at least 1/3 the measured diameter or width, as the case may be, based on the applicable shape of the enclosure. 1.10 "Exempt" means that, under specified conditions, a particular type or configuration of Open-Air fire does not require a Burn Permit. 1.11 "Fire Code" means the Ontario Fire Code, O. Reg. 213/07, as enacted under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 1.12 "Fire Chief" means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by the Fire Marshal under Article 1.1.1.1 of the Fire Code. 1.13 "Fireworks" means a consumer device containing gunpowder and other combustible chemicals that causes an explosion when ignited and classified by the Canada Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1). 1.14 "Flying Lantern" means a small hot air balloon fueled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to substantial heights and allows it to drift for long distances. 1.15 "Incinerator" means a device that is operated and Regulated, including but not limited to licensing under a Certificate of Approval from the Ontario Ministry of the Environment and which is not subject to the requirements of this By-law. 1.16 "Made Safe" means that all reasonable and prudent steps are taken to guard against the spread of fire due to rekindling by ensuring all combustible materials are wet or have been removed or consumed and no further heat is being generated. 1.17 "Multi-unit Residential Building" means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code. 1.18 "Municipal Law Enforcement Officer" means that person, or persons, appointed by Council of the Municipality of Bayham for the purpose of enforcing Municipal By- laws or designates, including Municipality of Bayham Fire Department Officials. 1.19 "Municipality" means the Corporation of the Municipality of Bayham. 1.20 "Occupancies" means the use or intended use of a building or part thereof as defined in the Ontario Building Code. 1.21 "Open-Air fire" means: 1.21.1 any fire set outdoors; 1.21.2 but does not include: 1.21.2.1 fires in Incinerators; or 1.21.2.2 fires in devices installed outside of a building that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, operated within such building and provided that such device is certified for by a recognized and appropriate agency for a purpose requiring the containing of a fire. 1.22 "Owner" means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. 1.23 "Person" means any individual, association, firm, partnership, corporation, agent, or trustee and their heirs, executors, or other legal representation of such person. 1.24 "Responsible Person" means any adult person (18 years of age or older) who, in the opinion of a Municipal Law Enforcement Officer, is capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread. 1.25 "Rural Area" means any lands located outside of the Urban Areas as designated in the Municipality of Bayham Zoning By-law No. Z456-2003 as amended. Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as amended, any particular property falling within a designated Urban Area boundary that meets the following zoning categories is considered a Rural Area for the purposes of this By-law: 1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of the Lake Erie shoreline; 1.25.2 Open Space (OS); 1.25.3 Tourist Commercial (C3) but only that portion being used as a campground. 1.26 "Solid Fuel Heating Appliance" means a heating appliance capable of burning solid fuel and capable of being used for comfort or heating. 1.27 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.28 "Urban Area" means, for the purposes of this By-law, an area that is not a Rural Area as defined in Section 1.24 above. 2 RESTRICTIONS ON BURNING 2.1 No person shall set or maintain an Open-Air fire except; 2.1.1 an Exempt fire as described in Section 3 of this By-law; or 2.1.2 as is permitted under the conditions of an issued Burning Permit as defined in Section 5 of this By-law. 2.2 No person shall set or maintain any Open-Air fire where the fuel is any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is fueled by any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns anywhere in the Municipality of Bayham. 2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to any provision of this by-law. 2.6 No person shall contravene any conditions of a Permit issued under the provisions of this by-law. 2.7 No person shall contravene any conditions of setting or maintaining a Fire under the provisions of this by-law. 2.8 No person shall contravene any Order issued under the provisions of this By-law 2.9 No person shall fail to comply with any Order issued under the provisions of this By- law 3 EXEMPT FIRES The following types of Open-Air fires are Exempt and such fires may be set and maintained anywhere in the Municipality of Bayham provided that the conditions in this By-law are fully met; 3.1 Cooking Fires 3.1.1 A charcoal, compressed gas, or wood fire, that is only large enough for the cooking purpose described below, and is confined within a barbecue or grill that is constructed of metal, ceramic, stone, or masonry, and that is exclusively designed for and being used for the cooking of food for human consumption, and is continuously supervised by a Responsible Person, and provided that all of the following conditions are met; 3.1.1.1 such fire is not on a porch, balcony, or verandah that is roofed and is attached to a Multi-unit Residential Building; and 3.1.1.2 such fire is not in within three 4 meters (13.1 feet) of dry vegetation; and 3.1.1.3 such fire is not set or maintained in any place that by its design, material burned, or use of those of the surrounding lands is conducive to the development or the spread of fire or explosion. 3.2 Construction or Maintenance Activities 3.2.1 An appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process, provided such appliance is safe to operate, and provided that it is not operated in such a manner as to create a fire hazard, and provided that the fire is attended and supervised at all times by a Responsible Person. 3.3 Other Flaming Devices 3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions are met: 3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of dry vegetation; and 3.3.1.2 such devices are not operated in any other place conducive to the development or the spread of fire or explosion, and 3.3.1.3 such devices are permitted or licensed by By-law. 3.4 Recreational Fire 3.4.1 With the permission of the subject property owner, a recreational fire on privately owned lands provided that such campfire meets all of the following: 3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and 3.4.1.2 the area designated for the fire is not more than 66 centimeters (26 inches) in any horizontal dimension; and 3.4.1.3 all materials to be burned are contained around the complete perimeter of the designated area by an Effective Barrier of metal, masonry, ceramic, or stone, or are within a like-dimensioned pit in the ground; and 3.4.1.4 the pile of materials to be burned is not more than 66 centimeters (26 inches) in height; and 3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building, structure, property line, tree, canopy, hedge, fence, roadway ,overhead wire or other combustible material; and 3.4.1.6 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials; and 3.4.1.7 a means to extinguish the fire is readily available; and 3.4.1.8 the fire is attended and supervised at all times by a Responsible Person; and 3.4.1.9 at the completion of the burn, the fire shall be completely extinguished and shall be Made Safe before it is left unattended. 3.5 Burn Barrels 3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a Rural Area provided that all of the following are met: 3.5.1.1 the Burn Barrel is situated securely on level ground; and 3.5.1.2 the Burn Barrel is in good condition; and 3.5.1.3 all openings in the Burn Barrel are covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.5.1.4 the fire is attended and supervised at all times by a Responsible Person; and 3.5.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to Combustible materials 4 meters (13.1 feet) of the Burn Barrel. 3.6 Chiminea 3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets all of the following: 3.6.1.1 is in an Urban Area and no portion of the hearth of the Chiminea is more than 61 centimeters (24 inches) in diameter, and 3.6.1.2 all openings in the Chiminea are completely covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.6.1.3 only clean and dry wood or charcoal be burned; and 3.6.1.4 the Chiminea is not located on any Combustible surface, and 3.6.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to any Combustible materials; and 3.6.1.6 the fire is attended and supervised at all times by a Responsible Person. 4 CONDITIONS ON EXEMPT FIRES Any person who sets or maintains an Exempt Fire as provided for in Section 3 of this By-law shall be responsible to take all necessary steps to ensure that all of the following conditions are met: 4.1 Smoke 4.1.1 The smoke or other emissions from the fire shall not travel across any public roadway to an extent or degree that it may cause a public safety hazard to any person traveling on the highway, including but not limited to, travel as a pedestrian or as an operator of a motor vehicle. 4.2 Clearances (unless otherwise stated) 4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally and 10 meters (32.8 feet) below any portion of any Combustible structure or accumulation of Combustible materials. 4.3 Materials Restricted 4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the materials listed on Schedule A shall be permitted to be burned. 4.4 Extinguishment 4.4.1 At the completion of the burn, the fire shall be completely extinguished and the burn site shall be Made Safe before it is left unattended. 5 BURN PERMITS 5.1 The Fire Chief or designate shall issue written Burn Permits to owners of property in a Rural Area, or to the Authorized Agent of the owner of such property, permitting a Responsible Person to burn Schedule A materials, under all of the following conditions: 5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burn Permitted fires. 5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person with the necessary means immediately available to extinguish the fire or limit its spread and in addition having the means readily at hand to summon the fire department. 5.1.3 The property owner shall be held responsible and shall be liable individually and severally for the actions of their Authorized Agent with respect to the provisions, conditions, and penalties contained in this By-law. 5.1.4 No person shall conduct an Open Air burn on either any public road allowance or municipal property unless such burning is being conducted by authorized employees or Authorized Agents of the Municipality of Bayham. 5.1.5 The size of any pile of materials to be burned: 5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.5.2 in the case of an area zoned Agricultural, shall not exceed 36 square meters (387.36 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.6 The days of the week and the hours of the day during which the Burn Permit is valid are indicated on the permit. Burning shall not be allowed between %2 hour after sunset and % hour before sunrise unless specifically approved under an exemption. 5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn Permit have an expiry date of that exceeds December 31st of the year of issue. The expiry date on a Burn Permit shall not be extended due to any suspension of the permit. 5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law. 5.1.9 The fee collected for each Burn Permit is non-refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Burn Permit. 5.1.10 All Burn Permits are automatically suspended on any day when there is a smog advisory or alert issued for that day, as applicable to the area for which the burn Permit is issued, by the Ontario Ministry of Environment and Energy. 5.1.11 All valid Burn Permits are automatically suspended during such periods and in such areas where gusting or sustained wind speeds exceed 20 kilometers per hour (12.43 miles per hour). 5.1.12 All valid Burn Permits are automatically suspended during such periods and in such areas where the Fire Chief has determined that there exists a High or Extreme Fire Weather Index (FWI) or other hazardous conditions and issues a Burn Ban. 5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended fire. Separate Burn Permits will be required for properties at different addresses. 5.1.14 The holder of a Burn Permit shall advise Fire Communications before any burning commences and again when the fire is extinguished. 5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of the fire specified on the Burn Permit. 5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn Permit summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 5.1.17 Burn Permits are non-transferable. 6 BURNING OF RUBBISH PROHIBITED 6.1 No person shall install, use, and/or maintain an unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building. 7 FIRE BAN 7.1 Despite the existence of valid Burning Permits, the Fire Chief may issue a Ban on any or all Open-Air Fires or may suspend without recourse any or all Burning Permits and cause to be extinguished any or all Open-Air Fires (whether Permitted or Exempt) until such conditions as the Fire Chief may indicate are met. 8 RIGHT TO ENTER AND ENFORCE 8.1 Municipal Law Enforcement Officers shall have the right to enter at all reasonable times upon any property in order to ascertain whether this By-law is being obeyed, and to enforce or carry into effect the By-law. 9 FIRE DEPARTMENT EXEMPT 9.1 Any fires under the direct and constant supervision and control of the Municipality of Bayham Fire Department are exempt from the provisions of this by-law. 10 PENALTY 10.1 Every person who contravenes or who causes or permits a contravention of any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.2 Every person who knowingly provides false or misleading information for the purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.3 If a contravention of any provision of this by-law occurs, the contravention may be presumed to have been committed by the owner of the land on which the contravention occurred, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating Appliance is being used in contravention of the by-law, the Municipal Law Enforcement Officer may make an oral order requiring any one or more of the person who is contravening the by-law, the person who caused or permitted the contravention, or the person who owns or occupies the land on which the contravention is occurring, to discontinue the contravention immediately. 10.5 If the contravention of this By-law results in fire suppression or fire safety personnel and vehicles being dispatched to respond, the person in control of the fire and/or the property owner may be charged, at the discretion of the Fire Chief, for the cost of such response according to the rates published in the current Municipality of Bayham Rates and Fees By-Law. However, nothing in any schedule of rates shall be construed as limiting the rights of the Municipality to seek restitution for other direct or consequential damages or costs incurred beyond those listed. 10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any fire are at the discretion of the Fire Chief. 11 VALIDITY 11.1 In the event that any of the provisions of this By-law are deemed ultra-vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 12 REPEAL 12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its entirety. 13 EFFECTIVE DATE 13.1 This by-law shall come into force and effect on the date of final passage thereof and approval of Set Fines. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS DAY OF , 2017. Mayor Clerk SCHEDULE A By-law No. 2017-XXX All materials other than those listed below are specifically prohibited from being burned • Dry seasoned wood and wood by-products that have not been chemically treated or painted or stained • white or brown: paper and cardboard for the purposes of starting an authorized fire • dry: brush, stumps, hay, straw, and grass and other dry yard or natural agricultural materials but not including animal wastes and parts of animals unless such animals are diseased • natural or petroleum gases or liquids used as appliance fuels • charcoal materials intended for B-B-Q use. • other clean burning Combustible materials that may be specifically Approved by the Chief Fire Official. SCHEDULE B DEFINED URBAN AREAS By-law 2017-XXX Explanatory note: "Urban Areas"include all areas shown on the following zoning by-law schedules except those portions of these areas that are considered a Rural Area according to Section 4 of this By-law. Community By-law Schedule Name Calton Z456-2003 as amended G Corinth Z456-2003 as amended B Eden Z456-2003 as amended D North Hall Z456-2003 as amended C Pt. Burwell Z456-2003 as amended Richmond Z456-2003 as amended E Straffordville Z456-2003 as amended F Vienna Z456-2003 as amended H INNYHAAI , i�'^ `►* � NOTICE OF A PUBLIC MEETING � ; CONCERNING A PROPOSED MINOR VARIANCE o I�� , IN THE MUNICIPALITY OF BAYHAM P�'Oi'tunity Is' APPLICANT: MOORE TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-10/17). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 7, 2017 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law Section 4.8.1.c) Prohibited Uses to permit a modular home on the lands with lot area of 745 m2 (8,020 ft2) in place of 800 m2 (8,611 ft2) and lot frontage of 18.3 m (60 feet) in place of 20.0 m (66 feet) located on the east side of Oak Street, north of Chestnut Street in the village of Vienna known as 44 Oak Street. THE EFFECT will be to allow the installation of a modular dwelling of 200 m2 (2,152 ft2) on the property, manufactured to comply with applicable standards, where otherwise a modular dwelling would be prohibited. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 24th day of November 2017. KEY MAP MUNICIPALITY OF BAYHAM an\Ar Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 _ T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca 1011111 SUBJECT LANDS COST/NV SI 110 Village of Vienna IN p,.VH44,1 iitiMals Wofd ' PLANNING ACT Pp.ttunityIs`�° NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 22 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: MUDGE, 27 Erieus Street, Port Burwell TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2017-114 on the 16th day of November 2017 in accordance with Section 17 of the PLANNING ACT. THE PURPOSE of the official plan amendment is to change the land use designation on approximately 1,011 m2 (0.2 acres) of land from the "Commercial" designation to the "Residential" designation in the Official Plan of the Municipality of Bayham; which would allow an amendment to zoning on the same lands from the Central Business District (C1) Zone to the Village Residential (R1) Zone. The amendment applies to lands located at 27 Erieus Street, Port Burwell. THE EFFECT of the amendment will accommodate a change in use of the subject lands from commercial in nature to residential in accordance with the `Village Residential' policies of the Official Plan. THE COMPLETE By-law and Official Plan Amendment No. 22 is available for inspection in the Bayham Municipal office during regular office hours. ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, Attention: Steve Evans. The official plan amendment is not exempt from approval under subsection 17(9) or (10) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 17th DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM I ti 2 Margaret Underhill Deputy Clerk/ Planning Coordinator _ Municipality of Bayham P.O. Box 160, 56169 Heritage Line / II I Straffordville, ON, NOJ 1Y0 WATERLOOS? T: 519-866-5521 Ext 222 F: 519-866-3884 ,, E: munderhill(abayham.on.ca I ,. W: www.bayham.on.ca W SUBJECT LANDS L I WELLINGTON ST 7 r. 1 Village of Port Burwell _ogynAlif Bartsch I % NOTICE OF REFUSAL OF A [ ZONING BY-LAW AMENDMENT BY THE �-For f.nityls'j94s' CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham refused an application for a Zoning By-Law Amendment on the 16th day of November 2017 in accordance with Section 34 of the PLANNING ACT. THE PURPOSE of this By-law was to change the zoning regulations on 6151 m2 (1.5 acres) of land in the Rural Residential (RR) Zone to a combined Rural Residential (RR) and Temporary (T2-6) Zone in Zoning By-law Z456-2003, allowing for temporary industrial, retail and outdoor storage use by: adding a section to the Site-specific regulations in the Temporary (T) Zone for temporary permitted uses, outdoor storage, maximum number of employees and privacy fencing; and by amending Schedule "A", Map No. 11 by changing the zone marking from RR to RR/T2-6. The amendment applied specifically to lands located on the south side of Calton Line, west of Plank Road known as 56087 Calton Line. THE EFFECT of the amendment would be to temporarily allow for industrial and retail use of the lands for a period not longer than two years for the manufacture and sales of mini-barns inside the existing building and the outdoor storage of finished mini-barns. THE REASONS FOR REFUSAL of the Zoning By-law amendment are that the proposed use is not consistent with policies in the Provincial Policy Statement 2014, the Elgin County Official Plan and the Official Plan of the Municipality of Bayham due to noise and traffic from industrial and retail uses and visual impact of outdoor storage adjacent to residential land use. Council considered all written and oral submissions received regarding this application, the effect of which helped Council to make an informed decision. AND TAKE NOTICE THAT a person or public body that requested an amendment to the Zoning By-law or Official Plan of the Municipality of Bayham may appeal the refusal of the requested amendment to the Ontario Municipal Board in respect of all or any part of the requested amendment by filing a notice of appeal with the Clerk of the Municipality of Bayham NOT LATER THAN the 12th day of December 2017. An appeal to the Ontario Municipal Board must be accompanied by a fee in the amount of $300.00 that is made payable to the Minister of Finance and filed with the Clerk of the Municipality. The notice of appeal must set out the reasons for the appeal and be submitted using the form available from the Ontario Municipal Board's website: http://elto.gov.on.ca/omb/. The decision of the Council of the Municipality of Bayham is final if a notice of appeal is not received on or before the last day for filing a notice of appeal. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the zoning by-law or official plan was refused, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22nd DAY OF NOVEMBER 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham It56169 Heritage Line, P.O. Box 160 Straffordville, ON, NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 E-mail: munderhill(a�bayham.on.ca SUBJECT LANDS .$01144NOTICE OF A PUBLIC MEETING 411PA's CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT frir o IN THE MUNICIPALITY OF BAYHAM Op�'ortunity Is'°J APPLICANT: EVA AND TOM SOUTHWICK TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council Chambers at 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law amendment under Section 34 and Section 39 of the PLANNING ACT. THE PURPOSE of this By-law is to temporarily change the zoning regulations on a 2,630 m2(0.65 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-X) Zone to permit a garden suite, in the form of a one storey mobile home unit, for a period not to exceed twenty (20)years in Zoning By-law Z456-2003. The subject lands are located on the west side of Clarke Road, north of Glen Erie Line known as 5149 Clarke Road. THE EFFECT of this By-law will be to allow for the installation of a temporary residence on the subject lands exclusively for the care of elderly parents for a period not exceeding 20 years. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 1st day of December 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham N �✓ 56169 Heritage Line, PO Box 160 Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca IE::4 , 0 SUBJECT LANDS .$011AittNOTICE OF A PUBLIC MEETING 411PA's CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM OppOxtunity Ise°J APPLICANT: 0830513 BC LTD TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 21, 2017 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 0.4 ha (1 acres) of land in the Agricultural (A1) Zone to a Site-specific Rural Residential (RR-XX) Zone and on 25 ha (62 acres) of land from Agricultural (A1) Zone to a Site-specific Special Agricultural (A2-XX) Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Heritage Line, east of Toll Gate Road known as 57401 Heritage Line. THE EFFECT of this By-law will be to allow for residential use on a 0.4 ha parcel surplus to the farming operation and prohibit the keeping of livestock; and to allow for continued agricultural use on a 25 ha (62 acres) parcel and to prohibit future residential development on the lands and the keeping of livestock. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 1st day of December 2017. KEY MAP Margaret Underhill MUNICIPALITY OF BAYHAM Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line _ Straffordville, ON, NOJ 1Y0 "" T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(a),bayham.on.ca W: www.bayham.on.ca C IrS�R. O A ISUBJECT LANDS 1 REPORT .:. ' DEVELOPMENT SERVICES -. g poi.tunity Is-141, TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: December 7, 2017 REPORT: DS-71/17 FILE NO. C-07/E09 SUBJECT: BRANCH A OF THE NUMBER ONE DRAIN IMPROVEMENTS BACKGROUND: This report is to address a written request from Manfred and Susan Hermann who own land known as Pt Lots 129,130, Con NTR, Roll 0-004-11000, located east of the Village of Straffordville and has Branch A of the Number One Municipal Drain on the lands. DISCUSSION: The Main Drain of the Number One Drain was rebuilt on 2008 and is functioning well. Branch "A" which is a tile drain connects to the Main Drain south of Heritage Line, crosses under Heritage Line and serves the Hermann's lands to the north of Heritage Line. This branch was not replaced in 2008 and is in poor condition. Blowouts occur yearly and it is now to the point that the only way to provide the required drainage of this area is to rebuild this drain. Pursuant to Section #78 of the Drainage Act Municipal Council may (without the petition required in Section 4) but on the report of an engineer appointed by it, undertake and complete the repair and/or improvement of drainage works. The engineer has all the powers and shall perform all the duties of an engineer appointed with respect to the construction of drainage works under this Act. All proceedings, including appeals shall be the same as on a report for the construction of a drainage works. RECOMMENDATION 1. THAT Staff Report DS-71/17 regarding the Branch A of the Number One Drain be received; 2. AND THAT Council appoints Spriet Associates as the Engineers to make an examination of the drainage area and prepare a report for Council's consideration. Respectfully Submitted by: 14/42-4---/g, Bill Knifton Chief Building Official CAe Drainage Superintendent ç3pvpl IATCH A, I 0 To: Clerk/Mayor/ Reeve/Councillor/Warden November 2017 Subject: Concerns regarding Cornerstone Standards Council (CSC) Responsible Aggregate Standard and Certification System Background Gravel Watch Ontario acts in the interests of residents and communities to protect the natural environment, health, safety and quality of life for Ontarians in matters relating to aggregate resources. We are a province-wide coalition of citizens' groups and individuals. Aggregate (sand, stone &gravel) production has a long history of being controversial and challenging for municipalities. Ontario requires aggregate materials to support our built communities. Unfortunately, the process of extracting aggregate resources comes with inherent social and environmental impacts. Many stakeholders, including the aggregate industry,governments, community and environmental groups have been seeking a way to deal with this challenge.The development of a voluntary enhanced aggregate standard was proposed.The envisioned standard would outline a set of requirements that aggregate producers could adopt and then be recognized for. After several years of work,the Cornerstone Standards Council Responsible Aggregate Standard and Certification System,the CSC program,was drafted. Members of Gravel Watch Ontario served on the Cornerstone Standards Council Board and the founding Standard Development Panel for over two years. We have substantial knowledge of the Standard as written as well as the original intent. Gravel Watch Ontario is contacting municipal leaders across Ontario to ensure they are informed regarding serious concerns with claims made by the CSC program which are not supported by the Standard requirements. Indeed,the claims made in relation to the program outcomes appear at times to grossly misrepresent what the Standard requires. CSC Does Not"Raise the Bar" For example, the program claims that it "recognizes and rewards both public and privately owned aggregate operations that go beyond regulatory compliance and adopt industry best practices" and that it "ensures high levels of operational practice are met and monitored". Unfortunately, the Standard does not contain specific targets or requirements on some of the most relevant operational issues for aggregate production sites. For example,there are no operational targets set for noise, dust,vibration, ambient light, and water consumption, among other areas. The Standard when addressing noise, dust, light and water has the following requirements: "When addressing adverse environmental impacts... the applicant implements(consistent with the scale and intensity of the operation)an Environmental Management System or a series of Standard Operating Procedures that are consistent with or exceed existing regulatory requirement". The Standard has no mandate to exceed regulatory requirements; being consistent is sufficient. There is no reference in the Standard to adopting industry best practices and no reference to current industry norms. Certified sites may actually be performing below established industry benchmarks. Without 1 info@gravelwatch.org www.gravelwatch.org (905) 659-5417 explicit requirements on the most relevant social and environmental aspects of aggregate production,the program cannot be delivering on the claims made above. Further, a review of the audit reports relating to the four program certificates granted thus far, reveals that one or two CSC auditors spend a very limited time on an aggregate site; typically, only a day or two.The reports provide no indications that the auditors have taken any independent measurements of the environmental factors that the Standard claims to assure. The environmental audit process seems to have become a paper exercise of reviewing reports, some of which appear to have been prepared during the application and licencing process as predictors of future outcomes and commitments for future actions.The degree to which these predictions actually became reality is unknown. Without actual measurements being taken or observations beyond a brief 48-hour interval,there can be no claims made as to how these sites generally operate.The current auditing process in no way supports the claims by CSC regarding full regulatory compliance, industry best practices and the monitoring of high levels of operational practice. CSC"Lowers the Bar" For any certification program to be legitimate, the requirements of the program must be met before certification is awarded.A review of the audit reports relating to the certificates already granted shows that none of the four sites certified have met all the requirements of the Standard. Even when non- conformances were in areas that CSC claims as a focus (e.g., addressing adverse environmental impacts), those sites were still granted a certificate based on a requirement for future corrective action. More concerning though were sites that had non-conformances relating to compliance with existing regulatory requirements. Of the four sites certified by CSC thus far,two were found to have non- conformances with site plan requirements. Further, one site was reported to be in non-compliance with Ontario Regulation 127 which deals with Airborne Contaminant Discharge Monitoring and Reporting. If CSC certified sites are in violation of regulatory requirements, how can the program claim that CSC"recognizes and rewards... aggregate operations that go beyond regulatory compliance"? Summary Gravel Watch Ontario continues to believe there is value in a robust voluntary aggregates standard which recognizes performance that goes beyond existing regulation.That is why we dedicated over two years to the development of what we had hoped would be such a standard.To deliver on that promise,though,the standard must set a high bar and enforcement must be rigorous,thorough, and absolute.The current CSC Responsible Aggregate Standard and Certification System fails to deliver on those requirements and as a result fails to justify the outcomes that are being claimed. Gravel Watch Ontario is committed to ensuring that municipalities across Ontario, as consumers and/or producers of aggregate resources, are informed regarding the Cornerstone Standards Council aggregate program. We ask that you add your voice to calls to improve the program and make it what it was originally intended to be. In its current form, it is a disservice to all those in Ontario who are working hard to address the inherent challenges for those communities where aggregate extraction activities occur. If you have any questions or would like to discuss our comments further, please feel free to contact us. Sincerely, Graham Flint President, Gravel Watch Ontario www.GravelWatch.org grahamflint@gravelwatch.org T: (905) 659-5417 F: (905) 659-5416 2 info@gravelwatch.org www.gravelwatch.org (905) 659-5417 Ministry of Ministere des Municipal Affairs Affaires municipales Office of the Minister Bureau du ministre 11=1.04=13 Nitalor 777 Bay Street, 17th Floor 777,rue Bay,17°etage Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel. 416-585-7000 Tel. 416-585-7000 Fax 416-585-6470 Theo. 416-585-6470 Ministry of Labour Ministere du Travail Office of the Minister Bureau du ministre 400 University Avenue 400,avenue University le Floor 14°etage Toronto ON M7A 1T7 Toronto ON M7A 1T7 NOV 1 4 1O1W 17-75368 Dear Heads of Council: As you are aware, our government has introduced reforms through the Fair Workplaces, Better Jobs Act (Bill 148), that if passed, will enhance fairness and improve the lives of Ontario's working families. Our government values and respects the partnership we have with municipalities, and appreciate hearing your concerns and feedback on this legislation. The submission from AMO, and input from municipal leaders, has helped us find common ground toward addressing your concerns. As a result, we have brought forward amendments that, if approved, will ultimately make the Fair Workplaces, Better Jobs Act (Bill 148) stronger for the people of Ontario and the municipalities where they live. We're proposing that Bill 148 be amended at Standing Committee to add exemptions to the on- call pay and the 96 hours' notice scheduling rules in Bill 148. Specifically, an employer would not be required to provide on-call pay to an employee who was on call, and not required to work, if the reason for the on-call shift was to ensure the continued delivery of essential public services, such as fire, utility and snow removal services. Similarly, an employee's right to refuse an employer's request to work or be on call would not apply if the reason for the request is to ensure the continued delivery of essential public services. The Fair Workplaces, Better Jobs Act (Bill 148) is currently going through the legislative process. Should the Fair Workplaces, Better Jobs Act be adopted by the legislature, it is our intention to bring forward a regulation that, if approved, would exempt firefighters from the equal pay for equal work provisions with respect to employment status. It is our intention to make this regulation before the relevant section of the Act comes into force. This would provide clarity that volunteer firefighters will not be entitled the same pay as full-time firefighters. We appreciate the support from Ontario's 444 municipalities and recognize that you have a strong record when it comes to improving your employees' lives through better working conditions, more predictable income, and access to needed personal time. ...12 -2- Ultimately Bill 148 will help ensure our workplaces are fairer for all Ontarians, and we look forward to your continued partnership in ensuring fairness and decency for all Ontario workers and in all Ontario workplaces. Together we are building a stronger and fairer Ontario. Sincerely, Sincerely, Bill Mauro Ke in Flynn Minister of Municipal Affairs Minister of Labour x'11 6 /4 1, T :tl!s" 4 OFFICE OF THE MAYOR CITY OF HAMILTON November 10, 2017 The Honourable Kathleen Wynne, Premier of Ontario 795 Eglinton Avenue East, Suite 101 Toronto, ON M4G 4E4 Dear Premier Kathleen Wynne: Re: Provincial Flood Insurance Program At its meeting of November 8, 2017, City Council endorsed the Town of Lakeshore's resolution (attached) respecting the above matter. Sincerely, _..n6 , K.,.hL , ,S_UAY 4P/ Mayor Fred Eisenberger cc. Hon. Patrick Brown, Leader of the Progressive Party Hon. Andrea Horwath, Leader of the New Democratic Party Association of Municipalities of Ontario (AMO) Via Email — MPPs in the Province of Ontario 71 MAIN STREET WEST,2ND FLOOR,HAMILTON, ONTARIO ILP 4Y5 PHONE 905.546.4200 FAX: 905.546.2340 kw 5.11 Lakeshore TOWN OF LAKESHORE 419 Notre Dame St. Belle River, ON NOR 1A0 October 11, 2017 Honourable Kathleen Wynne, Premier Legislative Building, Room 281 Queen's Park Toronto, ON M7A 1A1 Dear Premier Wynne: RE: PROVINCIAL FLOOD INSURANCE PROGRAM At their meeting of October 10, 2017 the Council of the Town of Lakeshore duly passed the following resolution. Councillor Wilder moved and Councillor Janisse seconded: That: WHEREAS weather patterns seem to have changed, in that excessive and prolonged rains are now becoming more frequent and regular, WHEREAS there is an increased chance of flooding, as result of excessive and prolonged rains; WHEREAS property owners in areas that are at an increased risk of flooding are often unable to purchase flood insurance to protect their properties; and WHEREAS the cost of property repairs after a flood cause financial hardship for individuals, families and businesses. NOW THEREFORE BE IT RESOLVED that the Government of Ontario be urged to create a Provincial Flood Insurance Program, to cover those individuals, families and businesses who are unable to secure flood insurance for their properties; BE IT FURTHER RESOLVED that a copy of this motion be sent to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Patrick Brown, Leader of the Progressive Conservative Party, the Honourable Andrea Horwath, Leader Ph: 519-728-2700 Fax: 519-728-9530 Toll: 1-877-249-3367 www.lakeshore.ca of the New Democratic Party, and all MPPs in the Province of Ontario; and BE IT FURTHER RESOLVED THAT a copy of this Motion be sent to the Association of Municipalities of Ontario (AMO) and all Ontario municipalities for their consideration. Motion Carried Unanimously Should you require any additional information with respect to the above matter, please contact the undersigned, Yours truly, Mary Masse Clerk icl cc: Hon. Patrick Brown, Leader of Progressive Conservative Party cc: Hon.Andrea Horwath, Leader of New Democratic Party cc:Association of Municipalities Ontario(AMO) cc: Via Email-All Ontario Municipalities cc: Via Email-MPPs in the Province of Ontario CONNECTED.ENRICHED.INSPIRED. COUNCIL RESOLUTION AGENDA ITEM NO.: 7.1 Date: November 13, 2017 RESOLUTION NO.: 4b / MOVED BY: q SECONDED BY: THAT Council receives the presentation FROM Oxford People Against Landfill Group; AND THAT the Town of Tillsonburg calls upon the Government of Ontario, and all political parties, to formally grant municipalities the authority to approve landfill projects in or adjacent to their communities, prior to June 2018; AND THAT in the case of a two-tier municipality, the approval be required at both the upper-tier and affected lower-tier municipalities; AND FURTHER THAT the Town of Tillsonburg encourage all other municipalities in Ontario to consider this motion calling for immediate provincial action. Carried Defeated Deferred ed Recorded Vote e , . . • is s 0.P.P. Municipal Policing Bureau Ontario Police Bureau des services policiers des municipalites Provincial provinciale Police de ('Ontario 777 Memorial Ave. 777,ave Memorial Orillia ON L3V 7V3 Orillia(ON) L3V 7V3 Tel: (705)329-6200 Fax: (705)330-4191 File number/Reference: 612-20 November 14, 2017 Mayor/Reeve and Clerk/CAO, As a follow-up to the letter from April 27, 2017, I am pleased to share with you some updates from the Municipal Policing Bureau of the OPP. In October 2017, our Bureau organized a webinar on the 2018 Annual Billing Statements, issued to municipalities in September. The Financial Services Unit Manager explained in detail the 2018 Annual Billing Statements and answered questions. The webinar presentation with the speaking notes was sent to all webinar participants; however, if you or your municipal representatives are interested in receiving it, please let our Bureau know at opp.municipalpolicinqopp.ca. The presentation will be also uploaded in both official languages on www.opp.ca/billinqmodel page. Please check our www.opp.ca/municipalpolicinq page for other municipal policing information and documents. Should you have any questions specific to your municipality, please email our Financial Services Unit members at opp.mpb.financial.services.unitopp.ca On November 2, 2017, Marie-France Lalonde, Minister of Community Safety and Correctional Services, and Attorney General Yasir Naqvi announced that the first Reading for Bill 175, Safer Ontario Act, 2017 was carried. The bill is a comprehensive community safety legislative package that, if passed, would represent the largest policing and public safety transformation in a generation. A bill is considered to be "passed" by the Legislative Assembly once it has received three readings; upon receiving Royal Assent, the "passed" bill becomes an Act. Accordingly, the Police Services Act, 1990 will be in force until the new Act will receive Royal Assent. As usual, our Bureau will have a booth at the upcoming Rural Ontario Municipal Association (ROMA) Conference, which will be held January 21-23 in Toronto. Drop in at our booth and speak to our analysts directly or should you like to have a more formal discussion during the conference, please contact us directly at opp.municipalpolicinq(a�opp.ca and we will set up a time to meet you the day following the Minister's delegation meetings. Further, we will maintain the tradition we initiated last year, and will share with you the 2018 Municipal Policing Bureau Calendar. Same as last year, the Calendar will be sent to your Detachment Commanders and he/she or a detachment designate will further distribute it to your municipality. We look forward to hearing from your municipality on these initiatives and our fruitful collaboration in the future. The OPP is committed to work diligently with municipal stakeholders to ensure effective, efficient and sustainable police service delivery in Ontario. Thank you again. Sincerely, age...„---/f','/�I M.M.(Marc) Bedard Superintendent Commander, Municipal Policing Bureau Email opp.municipalpolicinq@opp.ca Web: www.opp.ca/municipalpolicinq Twitter @OPP_Mun_Pol /nv 2 Ministry of Ministere des Municipal Affairs Affaires municipales Office of the Minister Bureau du ministre 121" 777 Bay Street, 17th Floor 777,rue Bay, 17'etage Ontario Toronto ON M5G 2E5 Toronto ON M5G 2E5 Tel.:416 585-7000 Tel.:416 585-7000 Fax:416 585-6470 Telec. :416 585-6470 NOV 2 4 2017 17-75125 Dear Head of Council: As you know, the 2017 Ontario Budget proposed that single-tier and lower-tier municipalities be provided with the authority to implement a tax on transient accommodation, should they choose to do so. I am writing to inform you that the relevant legislative changes will come into force on December 1, 2017. Under the legislation, it will be the choice of a municipality whether to implement a tax on transient accommodation. Should a municipality choose to implement a tax, it would have the flexibility to determine the design of the tax, including its rate(s), administration, collection and the scope of its application. Regulations under the Municipal Act, 2001 and City of Toronto Act, 2006, set out rules for tax revenue sharing with eligible not-for-profit tourism organizations. These regulations will come into force on December 1, 2017. Key matters addressed by the Municipal Act regulation include: • Municipalities that choose to implement a tax on transient accommodation will be required to share revenues from the tax with eligible not-for-profit tourism organizations. • Where no Destination Marketing Program (DMP) existed prior to the imposition of the tax, the municipality will generally be required to share 50 per cent of transient accommodation tax revenues with one or more eligible not-for-profit tourism organizations chosen by the municipality. • Where a DMP existed in a municipality prior to the imposition of a transient accommodation tax, the municipality will generally be required to share an amount equal to the greater of: o the total amount of DMF revenues received by the eligible not-for-profit tourism organization under a DMP from accommodations in the municipality, in the fiscal year before the tax came into effect, and o the total sharing amount paid by the municipality to the eligible not-for- profit tourism organization in the previous year, adjusted by a 10-year rolling average of the annual percentage change in Ontario's total tourism receipts, as published by the Ministry of Tourism, Culture and Sport. ...12 -2- • Municipalities would need to ensure they share revenues pursuant to the rules set out in the regulations. Municipalities may retain any remaining tax proceeds for their own purposes. • The rules set out the amount of tax revenue sharing that must occur, but in no case do the regulations require municipalities to make payments to tourism organizations that exceed the tax revenue they collect in a particular year. The provincial government recognizes the importance of helping municipalities invest in their communities. We also recognize the importance of promoting Ontario as a destination for tourism, and ensuring the vitality of Ontario's tourism sector. Therefore, the regulations balance the interests of the tourism and municipal sectors. To help ensure the tax is implemented in a way that benefits the municipality and the local tourism industry, we encourage both sectors to work together on this important issue. The provincial government recognizes that municipalities are mature, accountable and responsible local governments. We have a strong record of supporting and working with the municipal sector and we look forward to continuing this partnership. Sincerely, Bill Mauro Minister c. The Honourable Eleanor McMahon, Minister of Tourism, Culture and Sport The Honourable Charles Sousa, Minister of Finance Municipal clerks of all single-tier and lower-tier Ontario municipalities Ministry of Finance Ministere des Affaires municipales Bureau du ministre Bureau du ministre 7e etage 17e etage Edifice Frost Sud 777, rue Bay 44C 7 Queen's Park Cr Toronto ON M5G 2E5 Toronto ON M7A 1Y7 Tel. :416 585-7000 muNomselmi Tel. :416 325-0400 Telec.:416 325-0374 Telec. :416 585-6470 Ontario www.fin.gov.on.ca www.mah.gov.on.ca November 20, 2017 Dear Head of Council: We are writing to announce the release of the Ontario Municipal Partnership Fund (OMPF) municipal allocations for 2018. In 2018, the province will provide a total of $510 million in unconditional funding through the OMPF to 389 municipalities across the province. As announced in the 2017 Ontario Economic Outlook and Fiscal Review, the province is increasing the total OMPF envelope by $5 million beginning in 2018 to further support northern municipalities. The OMPF, combined with the municipal benefit resulting from the provincial uploads, will total more than $2.6 billion in 2018, which is equivalent to 14 per cent of municipal property tax revenue in the province. As you know, the OMPF was redesigned in 2014 following discussions with municipalities from across the province. Consultations with municipalities and the Association of Municipalities of Ontario (AMO) have continued over the past year and have focused on refining the program to ensure it meets the long-term priorities of municipalities. The 2018 OMPF balances the range of views expressed by municipalities through our consultations, while reflecting the core objectives of the redesigned program. The 2018 program will further target support to municipalities with more challenging fiscal circumstances by increasing the Northern and Rural Fiscal Circumstances Grant to $89 million from $82 million in 2017. Additionally, the Northern Communities Grant component of the OMPF program will be enhanced to $89 million in 2018, an increase of$5 million over 2017, to further recognize the challenges of northern municipalities. This builds on the enhancement provided to northern municipalities in 2016. Lastly, the Rural Communities Grant, which continues to support rural communities across the province, will total $150 million in 2018. The farm enhancement of the Rural Communities Grant will grow from $10 million in 2017 to $15 million in 2018 to further support municipalities with the highest levels of farm land. As in prior years, the 2018 funding guarantee for municipalities in southern Ontario will be at least 85 per cent of their 2017 OMPF allocation and for municipalities in northern Ontario will be at least 90 per cent of their 2017 OMPF allocation. Municipalities in all regions of the province with the most challenging fiscal circumstances will continue to have their funding enhanced up to 100 per cent of the prior year's allocation. .../cont'd - 2 - The Ministry of Finance's (MOF) Provincial-Local Finance Division will be providing your municipal Treasurers and Clerk-Treasurers with further details on the 2018 OMPF. This information and other supporting materials will be posted in both English and French on the MOF website: http://www.fin.gov.on.ca/en/budget/ompf/2018. Our government has a very strong record of supporting and working in partnership with municipalities. As confirmed in the 2017 Ontario Budget, we are pleased to fulfil our commitment to the upload of social assistance benefit costs, as well as court security and prisoner transportation costs, off the local property tax base. These uploads will be fully implemented by 2018. As a result of the provincial uploads, Ontario municipalities will benefit from approximately $2 billion in reduced costs in 2018 alone, for a total benefit of over $13.5 billion since the uploads began in 2008. Going forward, the province will focus on investing in infrastructure, which will benefit communities across Ontario. The government is making one of the largest infrastructure investments in Ontario's history, more than $190 billion over 13 years, beginning in 2014-15. This includes increasing provincial investments in municipal infrastructure through the Ontario Community Infrastructure Fund (OCIF), Connecting Links and the Provincial Gas Tax Program. These investments will strengthen Ontario's road, bridge, transit, water and wastewater infrastructure. The province is also working with the federal government to invest in infrastructure programs such as the Clean Water and Wastewater Fund (CWWF), and is investing up to $100 million of proceeds from the provincial carbon market in a new Municipal Greenhouse Gas (GHG) Challenge Fund in 2017-18. This investment will support projects that reduce GHG emissions, such as renewable energy and energy efficiency retrofits to municipal facilities like arenas, and energy-efficiency upgrades to drinking water or wastewater treatment plants. In closing, we would like to thank our municipal partners for their feedback and input into the design of the 2018 OMPF program. We look forward to continuing the strong partnership we have with communities across Ontario. Sincerely, irjr* /43 Charles Sousa Bill Mauro Minister of Finance Minister of Municipal Affairs Long Point Region Conservation Authority 4 Elm St., Tillsonburg, Ontario N4G 004 519-842-4242 or 1-888-231-5408 . Fax 519-842-7123 Email: conservation@lprca.on.ca . www.lprca.on.ca November 22, 2017 File:1.4.5.1 Paul Shipway, CAO Municipality of Bayham 9344 Plank Rd, PO Box 160 Straffordville ON NOJ 1Y0 Re: 30-Day Notice to Affected Municipalities —2018 Draft LPRCA Budget Dear Mr. Shipway, At a Special Board of Directors meeting held on Thursday, November 16th, the Draft 2018 Operating and Capital Budgets for LPRCA were approved. Ontario Regulation 139/96 calls for a 30-day notice to affected municipal partners in order for them to consider and provide comment regarding the draft budget. The Regulation also requires that the notice be accompanied by the financial information used to determine that levy. As such, please find attached the following information on LPRCA's budgets for its member municipalities: 1. 2018 Draft Consolidated Budget Summary 2. 2018 Draft Statement of Operations 3. Five-year Draft Capital Budget 2018-2022 4. LPRCA Draft 2018 Municipal Levy- Consolidated 5. Five Year Summary by Municipality of Levy Apportioned by CVA% 6. Capital Levy by Municipality Apportioned by CVA LPRCA is requesting any comment regarding the Draft 2018 Budget to be forwarded to this office no later than noon Friday, December 22nd, 2017. The weighted vote for the Final 2018 LPRCA Budget will take place the evening of Wednesday, January 10'", 2018 as part of the regular meeting of the LPRCA Board of Directors. On behalf of the LPRCA Board of Directors, I would respectfully request the opportunity to present the draft budget to your council at its earliest convenience. If you have any questions or need further information, please feel free to contact myself at 519-842-4242, ext. 225. Sincerely, Ca4t Cliff Evanitski General Manager Long Point Region Conservation Authority 2018 Draft Budget Summary Revised November 16,2017 2017 2018 2018 Change from %of Budget Draft Budget 2017 Budget Approved $ $ $ % Budget Total Operating Expenditures 3,869,457 4,073,985 204,528 5.3% 85.5% Total Capital Expenditures* 615,100 691,650 76,550 12.4% 14.5% Total Expenditures 4,484,557 4,765,635 281,078 6.3% 100.0% SOURCES OF REVENUE Municipal Levy-Operating 1,462,129 1,553,673 91,544 6.3% 32.6% Municipal Levy-Capital 349,326 368,550 19,224 5.5% 7.7% 1,811,455 1,922,223 110,768 6.1% 40.3% Municipal Levy- Special- Norfolk 55,000 - (55,000) (100.0%) 0.0% Municipal Levy- Special- Haldimand 45,000 - (45,000) (100.0%) 0.0% Subtotal Municipal Levy 1,911,455 1,922,223 10,768 0.6% 40.3% Provincial Funding 75,892 65,355 (10,537) (13.9%) 1.4% MNR Grant 68,240 68,240 - 0.0% 1.4% MNR WECI & Municipal Funding 55,000 157,500 102,500 3.3% Federal Funding 79,448 42,147 (37,301) (47.0%) 0.9% User Fees 1,920,819 2,072,586 151,766 7.9% 43.5% Community Support 325,929 309,485 (16,443) (5.0%) 6.5% Interest on Investments - - - 0.0% Land Donation - - - 0.0% Gain on Sale of Assets - - - 0.0% Bayham ALUS - - - 0.0% Deferred Revenue/Reallocation 47,774 128,100 80,326 2.7% Contribution from(to) Reserves - 0 0 0.0% TOTAL REVENUE 4,484,557 4,765,635 281,079 6.3% 100.0% *The Capital Expenditures in the 2018 Draft Budget are proposed to be funded by Municipal Levy of$368,550,WECI $157,500, Federal Natural Disaster Mitigation Program of$32,500, prior year Municipal Levy of$128,100 and other of$5,000. Attachment 1 Long Point Region Conservation Authority Statement of Operations Revised November 16,2017 2017 2018 2018 Change from Contribution Budget Draft Budget 2017 Budget (to)from Increase to $ $ $ % Reserves$ Levy$ Program: Watershed Planning and Technical Services 254,090 285,357 31,267 12.3% - 6,027 Watershed Flood Control Services 273,506 236,822 (36,683) (13.4%) - (36,684) Healthy Watershed Services 194,474 200,527 6,053 3.1% - 12,490 Communication and Marketing Services 136,212 147,632 11,420 8.4% - 18,120 Backus Heritage and Education Services 544,752 626,256 81,503 15.0% - 74,031 Conservation Parks Management Services 695,668 767,115 71,446 10.3% (230,420) No levy Public Forest Land Management Services 249,183 227,515 (21,669) (8.7%) (72,485) No levy Private Forest Land Management Services 100,216 116,397 16,182 16.1% - No levy Other Conservation and Land Management Services 493,499 507,208 13,709 2.8% - 9,090 Corporate Services 927,857 959,156 31,300 3.4% 302,906 8,471 Total Program Expenditures 3,869,457 4,073,985 204,528 5.3% 0 91,544 Objects of Expenses: Staff Expenses 2,535,953 2,703,140 167,187 6.6% Staff Related Expenses 54,761 48,128 (6,633) (12.1%) Materials and Supplies 255,664 260,142 4,478 1.8% Purchased Services 948,930 971,904 22,974 2.4% Equipment 25,800 26,350 550 2.1% Other 48,349 64,321 15,972 33.0% Bayham ALUS - - - Amortization - - - Total Expenditures 3,869,457 4,073,985 204,528 5.3% Sources of Revenue: Municipal Levy-Operating 1,462,129 1,553,673 91,544 6.3% Provincial Funding 75,892 65,355 (10,537) (13.9%) MNR Grant 68,240 68,240 - 0.0% MNR WECI&Municipal Funding - - - Federal Funding 19,448 9,647 (9,801) (50.4%) User Fees 1,920,819 2,072,586 151,767 7.9% Community Support 322,929 304,485 (18,445) (5.7%) Interest on Investments - - - Land Donation - - - Gain on Sale of Assets - - - Bayham ALUS - - - Contribution from(to)Reserves - 0 0 Total Revenue 3,869,457 4,073,985 204,528 5.3% Attachment 2 Long Point Region Conservation Authority FIVE YEAR DRAFT CAPITAL BUDGET 2018-2022 CORPORATE SUMMARY PROGRAMS AND PROJECTS 2018 2019 2020 2021 2022 Total OBJECTS OF EXPENSES Watershed Services Flood Control Structure Repairs and Studies $ 315,000 $ 283,000 $325,000 $325,000 $335,000 $1,583,000 NDMP Flood Forecasting and Warning $ 62,000 $ 59,525 $121,525 Haldimand County NDMP $ 3,600 $ 3,600 $7,200 Water Control Infrastructure Reserve $ 50,000 $50,000 Backus Heritage and Education Services Homestead Window Restoration $ 10,000 $ 10,000 $20,000 Homestead Roof Replacement $ 12,500 $ 12,500 $ 12,500 $ 12,500 $50,000 Backus Heritage Village Rebranding-Signage $ 10,000 $10,000 Heating and Cooling System Backus Village $ 10,000 $10,000 Hydro Upgrades $ 20,000 $20,000 New Comfort Station in Campground $ 45,000 $45,000 Pool Deck Concrete Replacement $ 18,000 $18,000 Security Fence Around Maintenance Barn and Workshop $ 10,000 $10,000 Education Centre Flooring Replacement $ 25,000 $25,000 Mill Footbridge Replacement $ 10,000 $10,000 Two pavilion upgrades with hydro and security lighting $ 20,000 $20,000 Conservation Parks Management Services Deer Creek CA docks $ 10,000 $ 10,000 $20,000 Deer Creek CA Campsite Expansion $ 10,000 $10,000 Deer Creek CA Pump House Replacement $ 20,000 $20,000 Haldimand CA Hydro Upgrades $ 25,000 $25,000 Haldimand CA North Gate $ 20,000 $20,000 Haldimand CA Washroom $ 55,000 $55,000 Haldimand CA Boat Launch $ 30,000 $30,000 Norfolk CA Water Intake Upgrades $ 10,000 $10,000 Norfolk CA Hydro Upgrades $ 15,000 $ 15,000 $30,000 Norfolk CA Lakefront Maintenance $ 25,000 $25,000 Norfolk CA Washroom $ 55,000 $55,000 Norfolk CA Beach Access Upgrades $ 10,000 $10,000 Waterford North CA Gatehouse Building $ 75,000 $75,000 Waterford North CA Pavilion $ 10,000 $10,000 Waterford North CA Dumping Station $ 10,000 $10,000 Other Conservation and Land Management Services Vehicle Replacement(1 pick-up) $ 28,000 $ 28,000 $ 28,000 $ 30,000 $ 30,000 $144,000 Utility Task Vehicle $ 14,000 $ 14,000 $ 14,000 $ 14,000 $56,000 Equipment Replacement(1 front mount lawnmower) $ 15,000 $ 15,000 $ 15,000 $ 15,000 $ 15,000 $75,000 Park Signage $ 5,000 $ 5,000 $ 5,000 $15,000 Corporate Services Computer Upgrades $ 3,500 $ 3,500 $ 8,500 $ 3,500 $ 3,500 $22,500 Admin Office Parking Lot $ 38,550 $ 96,420 $134,970 Phone System Administration Office Upgrade $ 15,000 $15,000 Admin Office Furniture $ 52,000 $52,000 Admin Office Roof $ 33,000 $ 33,000 $ 33,000 $99,000 SWOOP $ 9,000 $9,000 Admin Office Furnaces $ 45,000 $45,000 Admin Office Air Conditioners $18,000 $18,000 $ 691,650 $ 758,545 $701,000 $533,000 $406,000 $3,090,195 SOURCES OF REVENUE MUNICIPAL GENERAL LEVY-Capital $ 368,550 MUNICIPAL SPECIAL LEVY-Capital Grants-Provincial(MNR)(WECI) $ 157,500 Grants-Federal-Natural Disaster Mitigation Plan $ 32,500 Reallocation of General Levy-Capital $ 128,100 _ Other $ 5,000 $ 691,650 Attachment 3 LPRCA 2018 MUNICIPAL LEVY - CONSOLIDATED - Draft Revised November 16,2017 LEVY AMOUNTS PER CAPITA PER CAPITA MUNICIPALITY OPERATING CAPITAL TOTAL (Watershed) (Municipality) Haldimand County $218,044 $51,723 $269,767 $19.65 $8.74 Norfolk County $822,699 $195,154 $1,017,854 $19.99 $18.99 Norwich Twp. $102,351 $24,279 $126,630 $19.69 $14.57 South-West Oxford Twp. $33,355 $7,912 $41,267 $22.02 $6.60 Tillsonburg $197,852 $46,933 $244,785 $19.00 $19.00 Total Oxford County $333,558 $79,124 $412,682 Brant County $97,809 $23,201 $121,011 $24.51 $3.92 Bayham Municipality $70,301 $16,676 $86,978 $15.81 $15.81 Malahide Township $11,261 $2,671 $13,933 $20.43 $2.04 $1,553,673 $368,550 $1,922,223 $19.83 $11.73 Increase over 2017 $91,545 $19,225 $110,770 Per Capita Increase over 2017 $0.94 $0.20 $1.14 Attachment 4 5 Year Summary by Municipality of Levy Apportioned by CVA% LPRCA Revised November 16,2017 Draft operating Levy Draft Capital Levy Draft Total Levy $ 1,553,673 $368,550 $1,922,223 Municipal Levy-Operating Municipal Levy-Capital Municipal Levy-Combined $Increase %Increase %of $ %Increase $Increase %Increase Amount of %of Total Year over Year over Amount of Total Increase Year over Amount of %of Total Year over Year over Municipality Year Levy Share Levy* Year Year Levy Share Levy* Year over Year Levy Share Levy* Year Year Haldimand County 2014 $156,682 14.56% $18,953 14.56% $175,635 14.56% 2015 $164,510 14.49% $7,828 5.00% $25,229 14.49% $6,276 33.11% $189,739 14.49% $14,104 8.03% 2016 $204,043 14.44% $39,533 24.03% $38,854 14.44% $13,625 54.01% $242,897 14.44% $53,158 28.02% 2017 $207,125 14.17% $3,082 1.51% $49,485 14.17% $10,631 27.36% $256,610 14.17% $13,713 5.65% 2018 $218,044 14.03% $10,919 5.27% $51,723 14.03% $2,238 4.52% $269,767 14.03% $13,157 5.13% Norfolk County 2014 $569,812 52.94% $68,928 52.94% $638,740 52.94% 2015 $600,471 52.90% $30,659 5.38% $92,089 52.90% $23,161 33.60% $692,560 52.90% $53,820 8.43% 2016 $748,430 52.98% $147,959 24.64% $142,515 52.98% $50,426 54.76% $890,945 52.98% $198,385 28.65% 2017 $776,193 53.09% $27,763 3.71% $185,445 53.09% $42,930 30.12% $961,638 53.09% $70,693 7.93% 2018 $822,699 52.95% $46,506 5.99% $195,154 52.95% $9,709 5.24% $1,017,854 52.95% $56,216 5.85% Oxford County* 2014 $230,399 21.41% $27,871 21.41% $258,270 21.41% 2015 $243,499 21.45% $13,100 5.69% $37,343 21.45% $9,472 33.99% $280,842 21.45% $22,572 8.74% 2016 $302,500 21.41% $59,001 24.23% $57,602 21.41% $20,259 54.25% $360,102 21.41% $79,260 28.22% 2017 $314,084 21.48% $11,584 3.83% $75,040 21.48% $17,438 30.27% $389,124 21.48% $29,022 8.06% 2018 $333,558 21.47% $19,474 6.20% $79,124 21.47% $4,084 5.44% $412,682 21.47% $23,558 6.05% Brant County 2014 $63,662 5.91% $7,701 5.91% $71,363 5.91% 2015 $67,630 5.96% $3,968 6.23% $10,372 5.96% $2,671 34.68% $78,002 5.96% $6,639 9.30% 2016 $84,213 5.96% $16,583 24.52% $16,036 5.96% $5,664 54.61% $100,249 5.96% $22,247 28.52% 2017 $89,378 6.11% $5,165 6.13% $21,354 6.11% $5,318 33.16% $110,732 6.11% $10,483 10.46% 2018 $97,809 6.30% $8,431 9.43% $23,201 6.30% $1,847 8.65% $121,011 6.30% $10,279 9.28% Bayham Municipality 2014 $48,122 4.47% $5,821 4.47% $53,943 4.47% 2015 $50,983 4.49% $2,861 5.95% $7,819 4.49% $1,998 34.32% $58,802 4.49% $4,859 9.01% 2016 $63,434 4.49% $12,451 24.42% $12,079 4.49% $4,260 54.48% $75,513 4.49% $16,711 28.42% 2017 $65,058 4.45% $1,624 2.56% $15,543 4.45% $3,464 28.68% $80,601 4.45% $5,088 6.74% 2018 $70,301 4.52% $5,243 8.06% $16,676 4.52% $1,133 7.29% $86,978 4.52% $6,377 7.91% Malahide Township 2014 $7,654 0.68% $926 0.68% $8,580 0.68% 2015 $8,044 0.71% $390 5.10% $1,234 0.71% $308 33.26% $9,278 0.71% $698 8.14% 2016 $10,060 0.71% $2,016 25.06% $1,916 0.71% $682 55.27% $11,976 0.71% $2,698 29.08% 2017 $10,290 0.70% $230 2.29% $2,458 0.70% $542 28.29% $12,748 0.70% $772 6.45% 2018 $11,261 0.72% $971 9.44% $2,671 0.72% $213 8.68% $13,933 0.72% $1,185 9.29% 2018 $1,553,673 $91,545 6.3% $368,550 $19,225 5.5% $1,922,223 $110,770 6.11% Overall Operating Capital Combined 2014 $ 1,076,331 $ 130,200 $1,206,531 2015 $ 1,135,137 $ 58,806 5.46% $ 174,086 $ 43,886 33.71% $1,309,223 $ 102,692 8.51% 2016 $ 1,412,680 $ 277,543 24.45% $ 269,002 $ 94,916 54.52% $1,681,682 $372,459 28.45% 2017 $ 1,462,128 $ 49,448 3.50% $ 349,325 $ 80,323 29.86% $1,811,453 $ 129,771 7.72% 2018 $ 1,553,673 $ 91,545 6.26% $ 368,550 $ 19,225 5.50% $1,922,223 $ 110,770 6.11% Total $ 6,639,949 $1,291,163 $7,931,112 Notes:Operating Notes:Capital Notes:Combined 2014 $11.06 per capita 2014 $1.34 per capita 2014 $12.40 per capita 2015 $11.67 per capita 2015 $1.79 per capita 2015 $13.46 per capita 2016 $14.37 per capita 2016 $2.74 per capita 2016 $17.11 per capita 2017 $15.04 per capita 2017 $3.59 per capita 2017 $18.63 per capita 2018 $16.03 per capita 2018 $3.80 per capita 2018 $19.83 per capita Oxford County Apportionment: Oxford County Apportionment: Oxford County Apportionment: Norwich Twp. $ 102,351 Norwich Twp. $ 24,279 Norwich Twp. $ 126,630 South-West Oxford $ 33,355 South-West Oxford $ 7,912 South-West Oxford $ 41,267 Tillsonburg $ 197,852 Tillsonburg $ 46,933 Tillsonburg $244,785 $ 333,558 $ 79,124 $412,682 Attachment 5 — 2018 Draft Capital Levy By Municipality Apportioned by CVA % LPRCA Haldimand Norfolk Norwich South-West Brant Bayham Malahide Project County County Township Oxford Twp. Tillsonburg County Municipality Township Total Watershed Services $ 15,788 $ 59,571 $ 7,411 $ 2,415 $ 14,326 $ 7,082 $ 5,090 $ 815 $ 112,500 Backus Heritage and Education Services $ 4,912 $ 18,533 $ 2,306 $ 751 $ 4,457 $ 2,203 $ 1,584 $ 254 $ 35,000 Conservation Parks Management Services $ 7,017 $ 26,476 $ 3,294 $ 1,073 $ 6,367 $ 3,148 $ 2,262 $ 362 $ 50,000 Other Conservation and Land Management Services $ 8,701 $ 32,830 $ 4,084 $ 1,331 $ 7,895 $ 3,903 $ 2,805 $ 449 $ 62,000 Communication and Marketing Services $ - $ - $ - $ - $ - $ - $ - $ - $ - Corporate Services $ 15,304 $ 57,744 $ 7,184 $ 2,341 $ 13,887 $ 6,865 $ 4,934 $ 790 $ 109,050 TOTAL $ 51,723 $ 195,154 $ 24,279 $ 7,912 $ 46,933 $ 23,201 $ 16,676 $ 2,671 $ 368,550 Attachment 6 Members of Council, Gentlemen...The Port Burwell Harbourfron Committee wishes to draw your attention to two matters relating to the further operations of the Port Burwell Harbour and Beach areas. 1 DREDGING OF THE HARBOUR AREA CHANNEL. Over the past two seasons the dredging of the channel entrance has been maintained by Dundee Energy Limited with their fleet which had been assigned to their Port Burwell Berthing facilities. It is our understanding that Dundee Energy Limited filed a Notice of Intention under Bankruptcy and is seeking a buyer. Their continued use of the Port Burwell Facility could therefore be in question and may not be in operation during the 2018 season or even forward. The outer harbour area is critical for the successful navigation of the inner harbour, IE the Otter Creek. The HARBOURFRONT Committee therefore recommends that steps be taken at this time to assure that the necessary funds are "budgeted and planned for dredging purposes." We believe that a "Dredging Reserve "continues to exist and respectfully request that consideration be given for its' planned use in 2018. 2 ON THE BEACH, WOODEN DECK, ASSIGNED FOR HANDICAP USEAGE. With the successful improvement of the Road Entrance, East and West Parking Facilities and Drainage of the Port Burwell East Beach area,,,we also recommend consideration for the up- grading and expansion of the Wooden Deck Area which has been designated for Handicap useage... The Harbourfront Committee has previously presented plans for the overall improvement of this important area which is presently inadequate for this purpose. We therefore request that Council consider an up- graded facility that will compliment the improvements that have been completed at the East Beach Area.. Thank you for your consideration of these important matters. THE PORT BURWELL HARBOURFRONT COMMITTEE. Earl Shea Ron Flick iNxvilutxt . REPORT s,, 4.„ * TREASURY DEPARTMENT moi,, 4. °A tunity ii'i La- TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: December 7th, 2017 REPORT: TR-13/17 FILE NO. SUBJECT: 2017 Q3 Variance Report BACKGROUND: The Q3 (third quarter) financial reports are provided for Council's fiduciary review. This report provides a summary of current revenue and expenditure to September 30, 2017 and variances to the Operating Budget. Staff will be providing quarterly variance reports to council. COMMENTS: Capital programs are coming to close with several projects complete and several under budget for the year. CONCLUSION: Operating Budget expenses are at expected levels given the cyclical nature of some operations. Building and Planning Departments are on pace for another high revenue year, as similar to prior year. Capital expenses are mostly complete in most departments, and with an early passed budget permitted department managers to secure competitive pricings and start projects early in the year. ATTACHMENTS: 1. Appendix A: 2017 Q3 Operating Revenue and Expense Variance Report. 2. Appendix B: 2017 Q3 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-13/17 be received for information; Respectfully mitte,, Reviewed b Lorne Jam= ' PA, CA 'Jr •'•0r'�O - -r Municipality of Bavham Appendix A: 2017 Q3 Operating Revenue and Expense Variance Report 2017 2017 Actuals Budget Consumed Revenues 05.10 General Taxation 3,975,379 3,955,715 100% 05.20 Other Revenues 889,053 1,211,100 73% 10.10 General Government 82,063 60,500 136%-Additional Cost Recoveries 10.20 Council - 20.10 Fire Services 7,240 13,000 56% 20.20 Police Services 11,364 30,000 38% -Additional POA Revenue to come 20.30 Conservation Authority - 20.40 Other Protective Services 131,333 73,000 180% 20.50 Bylaw Enforcement Services 19,249 25,000 77% 25.10 Roads 335,281 457,818 73% 25.20 Winter Control - - 25.40 Street Lights - 30.10 Water 460,672 646,659 71% 30.15 Richmond Water 63,231 64,790 98% 30.30 Waste Disposal 87,875 145,000 61% 30.20 Waste Water 564,947 863,456 65% 35.10 Health Services - 35.20 Cemeteries 35 - 40.10 General Assistance - 45.10 Parks&Recreation 1,980 2,600 76% 45.20 Straffordville Community Centre 19,138 10,000 191% -Donations in 2017 45.30 Vienna Community Centre 9,508 9,000 106% Eden Community Centre - 45.40 Libraries 51,726 67,000 77% 45.50 Museums 15,509 20,100 77% 50.10 Planning,Development&Tourism 50,060 32,000 156% 25.30 Business&Commerce Tourism&Marketing 4,378 1,500 292% 50.20 Environmental Services 12,418 0% Capital 1,612,596 3,405,167 47% Expenditures 05.10 General Taxation - 05.20 Other Revenues - 10.10 General Government 974,002 1,300,550 75% 10.20 Council 58,583 71,391 82% 20.10 Fire Services 369,482 504,497 73% 20.20 Police Services 616,980 934,000 66% 20.30 Conservation Authority 82,940 85,602 97% 20.40 Other Protective Services 81,851 99,479 82% 20.50 Bylaw Enforcement Services 19,112 29,158 66% 25.10 Roads 973,257 1,536,878 63% 25.20 Winter Control 54,861 118,400 46% 25.40 Street Lights 31,615 45,000 70% 30.10 Water 316,503 646,659 49%-reserve transfer not factored in 30.15 Richmond Water 36,456 64,790 56% 30.20 Waste Water 384,854 863,456 45%-reserve transfer not factored in 30.30 Waste Disposal 327,264 475,518 69% 35.10 Health Services - 35.20 Cemeteries 8,716 17,500 50% 40.10 General Assistance 8,132 10,000 81% 45.10 Parks&Recreation 63,757 69,128 92% 45.20 Straffordville Community Centre 68,585 47,166 145% 45.30 Vienna Community Centre 40,866 58,316 70% 45.35 Eden Community Centre 1,056 - 45.40 Libraries 15,986 67,000 24%-reserve transfer not factored in 45.50 Museums 49,877 55,630 90% 50.10 Planning,Development&Tourism 95,980 105,907 91% -higher due to revenues 25.30 Business&Commerce - Tourism&Marketing 40,539 48,500 84% 50.20 Environmental Services 13,077 24,131 54% Capital 2,238,805 3,827,167 58% Municipality of Bavham Appendix B: 2017 Q3 Capital Expense Variance Report 2017 2017 % Actuals Budget Consumed General Government -AMP Update $ 12,618 $ 30,000 42%-in progress -Energy Plan $ 24,833 $ 32,000 78%-in progress -Working Capital Transfer $ 10,000 $ 10,000 100% -Election Reserve Transfer $ 10,000 $ 10,000 100% Fire -Thermal Camera $ - $ 20,000 0% -Vehicle $ 21,814 $ 20,000 109%-complete Building Pickup truck $ 29,891 $ 40,000 75%-complete By Law Pickup truck $ 18,754 $ 20,000 94%-complete Roads Pickup Truck $ 29,891 $ 40,000 75%-complete Maple Grove Line $ 204,814 $ 150,000 137%-complete for 2017 Coyle Road $ 25,739 $ 40,000 64%-complete Dennis Rd. $ 12,380 $ 20,000 62%-complete Godby Rd. $ 64,545 $ 87,000 74%-complete Jackson Line(West of Plank) $ 56,237 $ 80,000 70% Lamers Line $ 48,773 $ 80,000 61% Eden Line $ 16,500 $ 17,000 97%-complete Toll Gate Road $ 53,171 $ 57,000 93%-complete Harmony Acres Line $ 14,441 $ 13,000 111%-complete Chute Line $ 32,487 $ 37,000 88%-complete Sandytown Gravel $ 37,836 $ 40,000 95%-complete Libbey Street $ 36,622 $ 25,000 146%-complete PB EB Hydro-Washroom $ 57,186 $ 50,000 114%-complete Storm Sewer Detailed Design $ 112,028 $ 476,000 24%-in progress Traffic Control Devices $ 14,422 $ 15,000 96%-complete Sidewalks $ 53,598 $ 50,000 107%-complete Water -Richmond Distribution $ 668,455 $ 1,841,000 36%-in progress -Traffice Control Devices $ 7,210 $ 7,500 96%-complete -Air Valves $ 13,500 0% -Pick up truck $ 14,946 $ 20,000 75%-complete Waster Water PS roof replacements $ 9,612 $ 20,000 48%-complete SCADA Radios $ 23,933 $ 36,000 66% Energy conservation $ 23,933 $ 162,000 15%-in progress Structural Repairs $ 6,217 $ 25,000 25%-in progress Pump Equipment $ 17,866 $ 41,667 43%-in progress Manhole Rehabilitation $ 50,000 0% Pick Up Truck $ 14,946 $ 20,000 75%-complete Traffic Control Devices $ 7,211 $ 7,500 96%-complete Parks Vienna Memorial Park $ 17,366 $ 20,000 87%-complete Canada 150 $ 67,577 $ 75,000 90%-complete Library Museum Planning -Official Plan Review $ 9,781 $ 20,000 49%-in progress Facility CO/NO2 Detection 0 $ 7,000 0% Transfer to Reserve $ 150,000.00 $ 150,000 100% INXICH.44,1 f ► REPORT o ` 14- CAO �pul'tunity ISIL��► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 7, 2017 REPORT: CAO-76/17 SUBJECT: RFT 17-05 SUPPLY & PLACEMENT OF GRANULAR MATERIALS BACKGROUND: On October 20, 2017 the Municipality of Bayham issued RFT 17-05 Supply & Placement of Granular Materials. RFT 17-05 is an exercise in bulk purchasing in an attempt to realize strategic procurement savings. RFT 17-05 includes Capital and Operational granular materials. DISCUSSION The results of RFT 17-05 are attached hereto as Appendix 'A'. The Municipality has previous experience working with Johnston Brothers Ltd. RECOMMENDATION 1. THAT Report CAO-76/17 re RFT 17-05 Supply & Placement of Granular Materials be received for information. 2. AND THAT Council direct staff to bring forward a by-law to authorize an agreement for the supply and placement of granular materials from Johnston Brothers Ltd., as per RFT 17-05, in the total amount of$251,919.12+HST Respectfully Submitted by: Paul Shipway CAOICIerk Johnston Bros. AAROC ROAD TOTAL + 10% TOTAL Budgeted UNIT PRICE / TOTAL UNIT PRICE/ TOTAL TONNES CONTINGENCY TONNES Amounts TONNE PRICE TONNE PRICE MAINTENANCE Springer Hill Rd 6,930 693 7,623 $110,000 $13.26 $101,080.98 $20.25 $154,365.75 Eden Line 3,050 305 3,355 $50,000 $13.26 $44,487.30 $20.25 $67,938.75 Stewart Rd (including Ball Line) 3,872 387 4,259 $65,000 $13.95 $59,415.84 $20.25 $86,248.80 Maintenance Maintenance Subtotal Subtotal Maintenance Total 15,237 $225,000 Price $204,984.12 Price $308,553.30 Operational Supply and delivery of granular A Operational Total 3,500 $40,000 $13.41 $46,935.00 $15.50 $54,250.00 Maintenance- Maintenance- Operational Operational Maintenance- Subtotal Subtotal Operational Total 18,737 $265,000 Price $251,919.12 Price $362,803.30 Applicable Applicable HST $32,749.49 HST $47,164.43 Maintenance- Maintenance- Operational Operational TOTAL Price $284,668.61 TOTAL Price $409,967.73 UNIT PRICE I TOTAL UNIT PRICE/ TOTAL Provisional TONNE PRICE TONNE PRICE Parking Lot- Robinson St. - Port Burwell 1,100 110 1,210 N/A $14.60 $17,666.00 $19.00 $22,990.00 Parking Lot- Chatham St. Port Burwell 300 30 330 N/A $14.60 $4,818.00 $19.00 $6,270.00 James Line 2,948 295 3,243 N/A $13.95 $45,237.06 $17.45 $56,586.86 Baynor Rd 2,772 277 3,049 N/A $13.95 $42,536.34 $19.50 $59,459.40 Mitchell Rd 1,300 130 1,430 N/A $13.95 $19,948.50 $19.50 $27,885.00 v@ilik4dC'N f ► REPORT �y CAO �pul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 7, 2017 REPORT: CAO-77/17 SUBJECT: RFT 17-06 SALE OF SURPLUS EQUIPMENT BACKGROUND: On October 25, 2017 the Municipality of Bayham issued RFT 17-06 Sale of Surplus Equipment, a copy of the same is attached hereto as Appendix 'A'. Public Works and Fire Department Staff identified two items of equipment that due to age, use and maintenance requirements was identified to be surplused. DISCUSSION RFT 17-06 Sale of Surplus Equipment 1998 Ford F Super Duty/ Bailey Bridge Components — Dependable Walk-in Rescue RB $3,000 — RB $3,500 J.M.0 Consulting NB $1,560.00 Justin Smout $5,251.00 NB Cain's Auto Sales $2,000.00 NB Russ Walton NB $7,100.00 Anything Used & Sparta $4,200.00 NB Candles Facca Incorporated NB $15,000.00 *Bids do not include HST which will be added at time of sale. RECOMMENDATION 1. THAT Report CAO-77/17 be received for information; 2. AND THAT Staff be directed to award surplus equipment to the highest individual bidder on each piece of equipment in the 'as is, where is' condition; 3. AND THAT the proceeds of sale be allocated to the Public Works Equipment Reserve and the Fire Department Equipment Reserve. Respectfully Submitted by: Paul Shipway CAOICIerk REQUEST FOR TENDER SALE OF SURPLUS EQUIPMENT RFT 17-06 g,AYHA O ty 'P°j'tunity Is ' ISSUE DATE: Monday October 30, 2017 CLOSING DATE: Wednesday November 22, 2017 CLOSING TIME: 11:00 A.M., local time LOCATION: Municipality of Bayham 56169 Heritage Line Straffordville, ON, Attention: Steve Adams Road Operations Supervisor LATE SUBMISSIONS WILL NOT BE ACCEPTED Tenders must be submitted on this form, sealed in an envelope clearly marked RFT 17-06 Sale of Surplus Equipment, not later than 11:00 A.M. Wednesday November 22, 2017. • The highest or any tender not necessarily accepted. • All Surplus equipment shall be tendered and released in the 'as seen', 'as is' condition. • Tenderers may bid on one, any or all items listed below. • The bids will be evaluated individually for each item, and not necessarily awarded to one bidder. • The successful bidder will be notified upon approval of Council following their regularly scheduled Council meeting to be held on Thursday December 7th, 2017. • The successful bidder shall be responsible for pick-up during regular hours of operation. • Surplus equipment shall be released in the 'as seen' `as is' condition upon receipt of the accepted bid price, paid by cash, certified cheque or money order to the Municipality of Bayham. As all items will be released in 'as seen' `as is' condition all Surplus equipment shall be viewable on Wednesday November 8, 2017 and from 1:00 PM —2:00PM at the Public Works Yard located at 8354 Plank Rd, Straffordville, ON. ITEM QYT. DESCRIPTION MINIMUM BID BID PRICE Our Bailey Bridge components in good $ condition including approximately $3,000.00 -_ 26 Panels 1 1 Al 10 Transoms 24 Floor Stringers + - Bracing frames, pins (Pictures Attached) 1998 Ford F Super Duty/ $3,500.00 ■ ( - Dependable Walk-in Rescue $ Built-in generator. .. `, Electrical controller. 2 1 - Scene lighting poles. 21,441 km , =(Pictures Attached) Sub-Total $ 13% H.S.T. $ TOTAL $ COMPANY NAME: SIGNATURE: NAME (please print): ADDRESS: TEL. #: FAX#: E-MAIL: DATE: TALL SURPLUS EQUIPMENT SHALL BE TENDERED AND RELEASED IN THE 'AS SEEN', 'AS IS' CONDITION. -, ._ --, ''11.1.611111 . 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T 1 ._., 0 . ...i.: _ _ , .: ,,. , fILL- LI:,I.ki!lii, •.. • ., . •• ...; .1,-..,t,... . ...-'- _ _ - .- -_—__—_,.- t Br ,, , T / ,. r.,111,......., _...,!„...!..,tri_zttrimmill .......i ,At es REr, r 'c' iia ;rtj4, .4.•r l d i ,.. ALITy .AU BA of iA. t.i.,',.i.,.,:.,4,:‘,,;,:,: + ,.. , *6.0 IA IA 00 ' .......v.1 .' I, ST,Lv - lJ 4,111 y, FT,BuRIVEL . �, d _ 2-.', - �:: I `�' ,tea t •.4 •1,;.:AA"`` >"lv- - .+v• J... . Y � t kn.�CrT^ yi, '....*:...,...7,,',C".; ‘'''7. 4''''''' ` i.' `. i h Cr.. P y�` w^�. . .• . F s' ^kr 4nAppov...„4.4.; • REPORT aiww- o icy CAO "b'°A tunny Is 1(0111- TO: (o11►TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: December 7, 2017 REPORT: CAO-78/17 SUBJECT: PARKS BY-LAW - DRAFT BACKGROUND: The Municipality of Bayham does not currently have a parks, recreation or open space by-law. During 2016 and 2017 the Municipality and its parks have been subject to significant acts of intentional vandalism and general disrespect of community spaces. Beyond utilization of the Police staff have no avenue to address the same. Additionally, as community space rentals have increased and Council has invested in community parks a need for delineation and rules for rental of public space versus non-rentable public space has been identified. In the continued effort to streamline and refine the enforceability of various regulatory by-laws staff and legal present the Draft Parks By-law attached hereto as Appendix 'A'. DISCUSSION The By-law is largely based off of the City of St. Thomas Parks By-law, however has been significantly scaled back to better align with the historical complaint and vandalism experiences of the Municipality of Bayham and the enforcement capabilities of the same. The Parks By-law, if approved, also provides an opportunity for standardized regulatory signage throughout the Municipality. This would provide an opportunity for removal of excess signs in favour of more aesthetically pleasing regulatory signage throughout Bayham's Parks and Open Spaces. RECOMMENDATION 1. THAT Report CAO-78/17 re Parks By-law- Draft be received for information; 2. AND THAT Council direct staff to bring forward the Parks By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk BY-LAW NUMBER 2017-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW FOR THE USE, PROTECTION AND REGULATION OF PUBLIC PARKS AND RECREATION AREAS IN THE IN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, S.O. 2001, as amended, provides that a municipality may pass by-laws respecting matters within the sphere of jurisdiction of Culture, Parks, and Recreation; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Parks By-law' Section 1 - Definitions In this By-law: 1.1 `Boulevard' shall mean any part of a municipal road allowance except for the traveled portion of the road, the shoulder of the road or the sidewalk. 1.2 `Control' shall include care, custody and responsibility for supervision. 1.3 `Council' shall mean the Council of the Corporation of the Municipality of Bayham. 1.4 `Designated' means an area defined or constructed for a specific use which may include posted conditions. 1.5 `Liquor' shall have the same meaning as defined in the Liquor Licence Act, R.S.O. 1990, c. L-19 as amended. 1.6 `Motor Vehicle' shall have the same meaning as defined in the Highway Traffic Act, R.S.O. 1990, c. H.8 as amended. 1.7 `Municipality' shall mean the Corporation of the Municipality of Bayham. 1.8 `Municipal Law Enforcement Officer' shall mean a person appointed by the Council of the Corporation of the Municipality of Bayham for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and the Manager of Public Works and Operations or designate. 1.9 `Natural Park Area' means an area which may be an entire Park or part of a Park, preserved in its natural or near natural state or an area created to retain a natural state as open space and available for use by the public. 1.10 'Park' means land and land covered by water and all portions thereof owned or made available by lease, agreement, or otherwise, to the Municipality, that is or hereafter may be established, dedicated, set apart, or made available for use as public open space, including a Public Park, Municipal Beaches, Pier and Natural Park Area as defined in this by-law, that has been or hereafter may be placed under the jurisdiction of the Municipality, including any buildings, structures, facilities, erections and improvements located in or on such land. 1.11 'Person' shall mean an individual, corporation, partnership or sole proprietorship. 1.12 'Player's Benches' shall mean the sitting or waiting area for the use of players who participate, but are not fielded, in a team sporting activity such as baseball. 1.13 Playground Equipment' includes slides, swings and other equipment provided for the use of young children within a defined area. 1.14 'Public Park' shall mean an area of open land, maintained or owned by the Municipality or a public authority for the enjoyment, health and well-being of the public and normally open to the public. 1.15 'Refuse' or 'Debris' shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping materials iv. celluloid cuttings, v. material or thing soaked in oil or gasoline vi. domestic waste vii. grass cuttings, leaves and vegetation viii. hay, straw and manure ix. manufacturers/industrial waste x. sawdust and shavings xi. sewage and paper sludge xii. snow and ice xiii. swill, soil, dirt earth or organic material xiv. tree branches or roots xv. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by reason of their appearance, mechanical condition or lack of current permit plates to be inoperable, and tires; 1.16 'Recreation Area' means an outdoor area or building or combination of both, under the Control of the Municipality which is maintained and/or supervised by employees of the Municipality and includes all Parks and every tennis court, skating rink, play area, community centre, skateboard facility, sports field, building or portion of a building which is owned, leased or used by the Municipality, including a school and school grounds, for purposes which include offering recreation to the public. 1.17 `Roadway' means that part of a Recreation Area that is designed for use by Vehicles and Motor Vehicles. 1.18 `Trail' shall mean that part of a Park that has been marked or posted for the purpose of hiking by the public. 1.19 `Tree' means all trees, shrubs and saplings now or hereafter growing or planted upon any municipally owned land including Parks, Recreation Areas, and street Boulevards. 1.20 Vehicle' means a truck, automobile, motor cycle, motor scooter, minibike, trailer, Bicycle, carriage, wagon, sleigh, snowmobile, or any Vehicle or conveyance of every description and whatever the motive power, except a baby carriage or cart, child's wagon, child's sleigh, wheelchair or motorized assistive devices for persons with disabilities. 1.21 Washroom' means any permanent or temporary structure or portion of a structure located in Recreational Area that contains toilets or urinals and wash basins. Section 2— General Provisions 2.1 In any Park or Recreation Area within the Municipality, no person shall: Vehicles and Parking 2.1.1 drive any Vehicle other than on the Designated Roadways or drive or ride or be in the care or Control of any Vehicle on any area which is not a Roadway, or which has any signage, gate or barricade showing that such area is closed to vehicular traffic; 2.1.2 use a motorized snow vehicle or motorized all-terrain vehicle; Personal Conduct ,1! 2.1.3 engage in riotous, boisterous, violent, threatening, lewd or illegal conduct or use profane or abusive language, including: i. making any verbal comments or physical gestures about or toward anyone that could reasonably be considered to be offensive, derogatory or abusive; ii. making noise likely to disturb any inhabitant or interfere with the enjoyment of the Park or Recreation Area through the use of electronic equipment or any other means; iii. urinating or defecating except in a Washroom facility; iv. engage in conduct that endangers the health and safety of himself, herself or others; 2.1.4 remain in a Park or Recreation Area after being requested to vacate the Recreation Area by a Municipal Law Enforcement Officer, or Police Officer; 2.1.5 plant any Tree or remove, cut down or injure any Tree in any Park or connecting ravine, Recreation Area or on Boulevards related thereto. Alcoholic Beverages 2.1.5 consume, serve, sell or possess Liquor without proper approval of the Municipality and the Alcohol and Gaming Commission of Ontario; Hours of Use 2.1.6 enter or remain in a Park or Recreation Area between 11:00PM and 5:00AM of the following day, except to the extent that the Municipality has specifically authorized the use of the Park or Recreation Area beyond 11:00PM. Vandalism and Damage to Property 2.1.7 climb, break, peel bark from, cut, remove, burn, deface or otherwise damage any Tree, shrub or bush, or pick, destroy or remove any flower, plant, roots, sod or rock; 2.1.8 remove, break, deface, or otherwise damage any monument, display, cage, pen, gate, seat, bench, picnic table, fence, posted sign, lock, barrier or any other equipment of the Municipality located therein; 2.1.9 willfully break, deface, or otherwise damage any of the gates, locks, bolts or fences or any of the seats or benches, buildings or other property or equipment or any other Municipal property; 2.1.10 willfully destroy, cut, mark, break, dig, tear up, burn, paint or write upon or in any way damage or deface any fountain, bridge, fence, wall, gate, Roadway, pavement, parking area, sidewalk or other facility, erection or improvement, or any building, or other structure or any appurtenance thereof or any swing, slide, playground apparatus, table, seat, bench, sign, vase, or other fixture, equipment or personal property or ornament or utility; 2.1.11 attach to or in any manner fasten to any Tree, any wire, rope, chain, cable, or other such devices; Animal Care & Control 2.1.12 cause or permit any animal under their Control or ownership to damage any Tree, shrub, bush, flower, plant or roots thereof; 2.1.13 permit a dog to defecate unless the owner or other person in charge of the dog forthwith removes the feces; Trash and Recycling 2.1.14 fail to deposit Refuse in containers provided or if containers are not provided fail to remove Refuse; Posting Notices 2.1.15 post any sign or poster on any pole, Tree, planter, building, fence, bench, picnic table, electrical transmission unit, lamp standard, or Municipal or utility company equipment of any kind; Weapons 2.1.16 carry, use or discharge any firearm, slingshot, bow and arrow, catapult or airgun or throw any stone or missile, except under specifically written permission from the Municipality; Beach Lifesaving Equipment 2.1.17 remove, break, deface, or otherwise damage any item of lifesaving equipment or any other equipment of the Municipality located at the Municipal Beach or Pier area. Section 3 —Activities Subject to Approval 3.1 No Person shall claim, attempt to claim or have exclusive use of any Playground Equipment, Natural Park Area, Park or Recreation Area within the Municipality. 3.2 Notwithstanding provision 3.1 of this by-law a person may claim exclusive use of areas of a Park or Recreation Area subject to the appropriate rental and rental agreement pursuant to the Rates & Fees By-law. Section 4 — Exceptions 4.1 Notwithstanding any provision of this by-law restricting the use of Motor Vehicles in any Park or Recreation Area, and for greater certainty only, a wheelchair or similar device (motorized or otherwise) used by an individual due to a disability may be used in any Park or Recreation Area including all pathways and the accessible portions of Trails. 4.2 Notwithstanding any provision of this by-law, Vehicles operated on behalf of an emergency medical service, fire department, police department, public utility, and the Municipality shall have full access to all parts of a Park or Recreation Area at all times where such access is possible. Section 5 - Enforcement 5.1 A Municipal Law Enforcement Officer may enforce the provisions of this by-law. 5.2 A Municipal Law Enforcement Officer may order a person believed to be in contravention of this by-law to: 5.2.1 cease the activity that is in contravention of the by-law; and/or 5.2.2 leave the Park, Recreation Area or any facility therein. 5.3 Upon the default of any person to do anything required to be done under the provisions of this By-law, or to repair any damage caused by any action prohibited by this By-law, the Municipality may, upon giving ten (10) days' notice in writing to the said person, do the work required to be done, or repair the damages caused by the said person at the expense of the said person. All expenses incurred by the Municipality in doing the said works, including but without limiting the generality of the foregoing materials, labour, equipment, administration and legal expenses shall be paid by the said person and may be recovered by action in any court having jurisdiction. 5.4 The expenses as aforesaid shall bear simple interest from the date incurred at the rate of 1.25% per month until paid. 5.5 Users of Parks and Recreation Areas are subject to all applicable Municipal by-laws and all Provincial and Federal laws and regulations and all persons violating any by-law or law may be ordered to leave any Park or Recreation Area. Section 6 - Penalty 6.1 Any Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act. 6.2 The court in which a conviction has been entered for contravention of this By- law and any other court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted, and such order shall be in addition to any other penalty imposed by the court on the person convicted. 6.3 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal Law Enforcement Officer while exercising any power or performing any duty under this By-law. Section 7 - Liability for Damages 7.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person utilizing a Park or Recreation Area for personal injury or property damage resulting from the use of a Park or Recreation Area or resulting from the negligence or willful acts of such person, or his or her agents or employees, in the utilization of a Park or Recreation Area. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Municipality of Bayham, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any unauthorized utilization of a Park or Recreation Area. Section 8 - Administration 8.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 8.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 8.3 This by-law applies to all Recreation Areas and Parks as defined in this by- law and any premises located therein which are under the ownership or management of the Municipality, together with the avenues, Boulevards, drives, ravines, trails, streets and approaches thereto and connecting the same. 8.4 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required. 8.5 This by-law shall take effect on the date of passage by Council. 8.6 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. READ a FIRST, SECOND and THIRD TIME and finally passed this Xth day of XXXX, 2017. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-109 BEING A BY-LAW TO REGULATE FIRES IN THE MUNICIPALITY OF BAYHAM WHEREAS the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended, states that a Council of a Municipality may pass by-laws regulating fire prevention, including the prevention of the spreading of fires, and regulating the setting of open air fires, including establishing the times during which open air fires may be set; AND WHEREAS Division B Part 2 of the Ontario Fire Code, O.Reg. 213/07, provides that open air burning shall not be permitted unless approved or unless such burning consists of a small, confined fire, supervised at all times, and used to cook food on a grill or barbecue; AND WHEREAS Section 391 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that despite any Act, a Municipality and a local board may pass by-laws imposing fees or charges on any class of person for services or activities provided or done by or on behalf of it or for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board; AND WHEREAS Section 10(2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to pass by-laws respecting the environmental well-being of the municipality and the health, safety, and well-being of persons; AND WHEREAS Section 125 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, permits a municipality to regulate the use and installation of heating appliances and the storage of fuel for use in heating appliances; AND WHEREAS the Council of the Municipality of Bayham desires to lessen the risk to life and property from the potential air pollution from wood burning appliances; AND WHEREAS the Council of the Municipality of Bayham is desirous of enacting a by-law to regulate the setting of fires; NOW THEREFORE THE COUNCIL OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: SHORT TITLE This By-law may be cited as the `Burning By-law'. 1. DEFINITIONS For the purposes of this by-law 1.1 "Approved" means approved by the Fire Chief or designate. 1.2 "Authorized Agent" means any Responsible Person who can provide reasonable evidence that they are authorized to act for the Owner of a particular property. 1.3 "Ban" on Open-Air fires means a restriction or prohibition on Open-Air fires issued by the Fire Chief. 1.4 "Building" means any structure used or intended for supporting or sheltering any use or occupancy, but does not include a non-enclosing open-sided structure. 1.5 "Burn Permit" means a written conditional authorization in the form of Form 1 — Burn Permit (Schedule C), issued and administered by the Municipality to set or maintain an Open-Air fire, in accordance with any restrictions and conditions contained in this By-Law or as may be specified on the Burn Permit. 1.6 "Chiminea" means a device largely made from pottery and which is equipped with a chimney and a substantially enclosed hearth in which a recreational fire may be set. 1.7 "Combustible" means any material, combination of materials, or arrangement of materials in which any portion thereof is susceptible to catch fire when exposed to heat, flame, or other burning materials. 1.8 "Council" means the Council of the Corporation of the Municipality of Bayham. 1.9 "Effective Barrier" means an enclosure on the ground with a complete perimeter of metal, masonry, stone or earth, with the enclosure walls having a minimum height from the ground of at least 1/3 the measured diameter or width, as the case may be, based on the applicable shape of the enclosure. 1.10 "Exempt" means that, under specified conditions, a particular type or configuration of Open-Air fire does not require a Burn Permit. 1.11 "Fire Code" means the Ontario Fire Code, O. Reg. 213/07, as enacted under the Fire Protection and Prevention Act, 1997, S.O. 1997, c.4, as amended. 1.12 "Fire Chief" means the assistant to the Fire Marshal who is the Municipal Fire Chief or a member or members of the Fire Department appointed by the Municipal Fire Chief under Article 1.1.1.2 of Division C of the Fire Code or a person appointed by the Fire Marshal under Article 1.1.1.1 of the Fire Code. 1.13 "Fireworks" means a consumer device containing gunpowder and other combustible chemicals that causes an explosion when ignited and classified by the Canada Explosive Regulations as low hazard fireworks for recreation (Class 7.2.1). 1.14 "Flying Lantern" means a small hot air balloon fueled by an open flame and when released, the hot air produced by the fuel source can lift the lantern to substantial heights and allows it to drift for long distances. 1.15 "Incinerator" means a device that is operated and Regulated, including but not limited to licensing under a Certificate of Approval from the Ontario Ministry of the Environment and which is not subject to the requirements of this By-law. 1.16 "Made Safe" means that all reasonable and prudent steps are taken to guard against the spread of fire due to rekindling by ensuring all combustible materials are wet or have been removed or consumed and no further heat is being generated. 1.17 "Multi-unit Residential Building" means any building in which there are three or more residential dwelling units as defined by the Ontario Building Code. 1.18 "Municipal Law Enforcement Officer" means that person, or persons, appointed by Council of the Municipality of Bayham for the purpose of enforcing Municipal By- laws or designates, including Municipality of Bayham Fire Department Officials. 1.19 "Municipality" means the Corporation of the Municipality of Bayham. 1.20 "Occupancies" means the use or intended use of a building or part thereof as defined in the Ontario Building Code. 1.21 "Open-Air fire" means: 1.21.1 any fire set outdoors; 1.21.2 but does not include: 1.21.2.1 fires in Incinerators; or 1.21.2.2 fires in devices installed outside of a building that are used as a source of heat or power for the building or that are ancillary to a manufacturing process, operated within such building and provided that such device is certified for by a recognized and appropriate agency for a purpose requiring the containing of a fire. 1.22 "Owner" means an owner, lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. 1.23 "Person" means any individual, association, firm, partnership, corporation, agent, or trustee and their heirs, executors, or other legal representation of such person. 1.24 "Responsible Person" means any adult person (18 years of age or older) who, in the opinion of a Municipal Law Enforcement Officer, is capable of exercising the required judgment and capable of performing the necessary actions to control a fire and prevent its unwanted spread. 1.25 "Rural Area" means any lands located outside of the Urban Areas as designated in the Municipality of Bayham Zoning By-law No. Z456-2003 as amended. Notwithstanding the boundaries listed in Zoning By-law No. Z456-2003, as amended, any particular property falling within a designated Urban Area boundary that meets the following zoning categories is considered a Rural Area for the purposes of this By-law: 1.25.1 Hazard Lands (HL), but only that portion that is within 30 meters (98.43 feet) of the Lake Erie shoreline; 1.25.2 Open Space (OS); 1.25.3 Tourist Commercial (C3) but only that portion being used as a campground. 1.26 "Solid Fuel Heating Appliance" means a heating appliance capable of burning solid fuel and capable of being used for comfort or heating. 1.27 "Structure" means anything constructed or erected, the use of which requires location on or in the ground. 1.28 "Urban Area" means, for the purposes of this By-law, an area that is not a Rural Area as defined in Section 1.24 above. 2 RESTRICTIONS ON BURNING 2.1 No person shall set or maintain an Open-Air fire except; 2.1.1 an Exempt fire as described in Section 3 of this By-law; or 2.1.2 as is permitted under the conditions of an issued Burning Permit as defined in Section 5 of this By-law. 2.2 No person shall set or maintain any Open-Air fire where the fuel is any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.3 No person shall use or permit the use of a Solid Fuel Heating Appliance that is fueled by any material other than those materials outlined in Schedule "A", forming part of this By-law. 2.4 No person shall set off, or cause to be set off, at any time, any Flying Lanterns anywhere in the Municipality of Bayham. 2.5 No person shall set, maintain or permit a Fire to be set or maintained, contrary to any provision of this by-law. 2.6 No person shall contravene any conditions of a Permit issued under the provisions of this by-law. 2.7 No person shall contravene any conditions of setting or maintaining a Fire under the provisions of this by-law. 2.8 No person shall contravene any Order issued under the provisions of this By-law 2.9 No person shall fail to comply with any Order issued under the provisions of this By- law 3 EXEMPT FIRES The following types of Open-Air fires are Exempt and such fires may be set and maintained anywhere in the Municipality of Bayham provided that the conditions in this By-law are fully met; 3.1 Cooking Fires 3.1.1 A charcoal, compressed gas, or wood fire, that is only large enough for the cooking purpose described below, and is confined within a barbecue or grill that is constructed of metal, ceramic, stone, or masonry, and that is exclusively designed for and being used for the cooking of food for human consumption, and is continuously supervised by a Responsible Person, and provided that all of the following conditions are met; 3.1.1.1 such fire is not on a porch, balcony, or verandah that is roofed and is attached to a Multi-unit Residential Building; and 3.1.1.2 such fire is not in within three 4 meters (13.1 feet) of dry vegetation; and 3.1.1.3 such fire is not set or maintained in any place that by its design, material burned, or use of those of the surrounding lands is conducive to the development or the spread of fire or explosion. 3.2 Construction or Maintenance Activities 3.2.1 An appliance of a portable nature which requires an open flame for the heating of a material during a construction or maintenance process, provided such appliance is safe to operate, and provided that it is not operated in such a manner as to create a fire hazard, and provided that the fire is attended and supervised at all times by a Responsible Person. 3.3 Other Flaming Devices 3.3.1 Patio torches, candles or Fireworks provided that all of the following conditions are met: 3.3.1.1 such devices are not operated within 4 meters (13.1 feet) of dry vegetation; and 3.3.1.2 such devices are not operated in any other place conducive to the development or the spread of fire or explosion, and 3.3.1.3 such devices are permitted or licensed by By-law. 3.4 Recreational Fire 3.4.1 With the permission of the subject property owner, a recreational fire on privately owned lands provided that such campfire meets all of the following: 3.4.1.1 the fire is for the provision of warmth, recreation or cooking; and 3.4.1.2 the area designated for the fire is not more than 66 centimeters (26 inches) in any horizontal dimension; and 3.4.1.3 all materials to be burned are contained around the complete perimeter of the designated area by an Effective Barrier of metal, masonry, ceramic, or stone, or are within a like-dimensioned pit in the ground; and 3.4.1.4 the pile of materials to be burned is not more than 66 centimeters (26 inches) in height; and 3.4.1.5 the fire is located at least 4 meters (13.1 feet) from any building, structure, property line, tree, canopy, hedge, fence, roadway ,overhead wire or other combustible material; and 3.4.1.6 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to nearby Combustible materials; and 3.4.1.7 a means to extinguish the fire is readily available; and 3.4.1.8 the fire is attended and supervised at all times by a Responsible Person; and 3.4.1.9 at the completion of the burn, the fire shall be completely extinguished and shall be Made Safe before it is left unattended. 3.5 Burn Barrels 3.5.1 An enclosed fire in a Burn Barrel on privately owned lands that are located in a Rural Area provided that all of the following are met: 3.5.1.1 the Burn Barrel is situated securely on level ground; and 3.5.1.2 the Burn Barrel is in good condition; and 3.5.1.3 all openings in the Burn Barrel are covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.5.1.4 the fire is attended and supervised at all times by a Responsible Person; and 3.5.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to Combustible materials 4 meters (13.1 feet) of the Burn Barrel. 3.6 Chiminea 3.6.1 A fire in a Chiminea on any privately owned lands provided that such fire meets all of the following: 3.6.1.1 is in an Urban Area and no portion of the hearth of the Chiminea is more than 61 centimeters (24 inches) in diameter, and 3.6.1.2 all openings in the Chiminea are completely covered at all times by a suitable metal wire mesh with a grid openings of not more than 6 mm (1/4 inch) in diameter; and 3.6.1.3 only clean and dry wood or charcoal be burned; and 3.6.1.4 the Chiminea is not located on any Combustible surface, and 3.6.1.5 the fire is controlled such that flames and hot embers do not pose an undue risk of fire to any Combustible materials; and 3.6.1.6 the fire is attended and supervised at all times by a Responsible Person. 4 CONDITIONS ON EXEMPT FIRES Any person who sets or maintains an Exempt Fire as provided for in Section 3 of this By-law shall be responsible to take all necessary steps to ensure that all of the following conditions are met: 4.1 Smoke 4.1.1 The smoke or other emissions from the fire shall not travel across any public roadway to an extent or degree that it may cause a public safety hazard to any person traveling on the highway, including but not limited to, travel as a pedestrian or as an operator of a motor vehicle. 4.2 Clearances (unless otherwise stated) 4.2.1 The fire shall be located a distance of at least 4 meters (13.1 feet) horizontally and 10 meters (32.8 feet) below any portion of any Combustible structure or accumulation of Combustible materials. 4.3 Materials Restricted 4.3.1 Except as may be more specifically restricted elsewhere in this by-law, only the materials listed on Schedule A shall be permitted to be burned. 4.4 Extinguishment 4.4.1 At the completion of the burn, the fire shall be completely extinguished and the burn site shall be Made Safe before it is left unattended. 5 BURN PERMITS 5.1 The Fire Chief or designate shall issue written Burn Permits to owners of property in a Rural Area, or to the Authorized Agent of the owner of such property, permitting a Responsible Person to burn Schedule A materials, under all of the following conditions: 5.1.1 All the conditions of Section 4 of this By-law shall apply equally to Burn Permitted fires. 5.1.2 Constant supervision of the fire shall be maintained by a Responsible Person with the necessary means immediately available to extinguish the fire or limit its spread and in addition having the means readily at hand to summon the fire department. 5.1.3 The property owner shall be held responsible and shall be liable individually and severally for the actions of their Authorized Agent with respect to the provisions, conditions, and penalties contained in this By-law. 5.1.4 No person shall conduct an Open Air burn on either any public road allowance or municipal property unless such burning is being conducted by authorized employees or Authorized Agents of the Municipality of Bayham. 5.1.5 The size of any pile of materials to be burned: 5.1.5.1 shall not exceed 9 square meters (96.84 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.5.2 in the case of an area zoned Agricultural, shall not exceed 36 square meters (387.36 square feet) in area and 2 meters (78.75 inches) in height, as measured from the ground level, unless specifically approved under an exemption; and 5.1.6 The days of the week and the hours of the day during which the Burn Permit is valid are indicated on the permit. Burning shall not be allowed between 1/2 hour after sunset and % hour before sunrise unless specifically approved under an exemption. 5.1.7 An expiry date shall be indicated on the Burn Permit. In no case shall a Burn Permit have an expiry date of that exceeds December 31st of the year of issue. The expiry date on a Burn Permit shall not be extended due to any suspension of the permit. 5.1.8 Permit fees are specified in the current Municipality of Bayham Fees By-Law. 5.1.9 The fee collected for each Burn Permit is non-refundable regardless of whether or not the privileges granted under the permit have been exercised. No adjustment or refund of fee shall be provided due to suspension or revocation of any Burn Permit. 5.1.10 All Burn Permits are automatically suspended on any day when there is a smog advisory or alert issued for that day, as applicable to the area for which the burn Permit is issued, by the Ontario Ministry of Environment and Energy. 5.1.11 All valid Burn Permits are automatically suspended during such periods and in such areas where gusting or sustained wind speeds exceed 20 kilometers per hour (12.43 miles per hour). 5.1.12 All valid Burn Permits are automatically suspended during such periods and in such areas where the Fire Chief has determined that there exists a High or Extreme Fire Weather Index (FWI) or other hazardous conditions and issues a Burn Ban. 5.1.13 The Burn Permit shall specify as the 911 address of the location of the intended fire. Separate Burn Permits will be required for properties at different addresses. 5.1.14 The holder of a Burn Permit shall advise Fire Communications before any burning commences and again when the fire is extinguished. 5.1.15 The holder of a Burn Permit shall keep it or a legible copy of it at the location of the fire specified on the Burn Permit. 5.1.16 Any Burn Permit holder who is in violation of this By-law shall have their Burn Permit summarily revoked and all fires shall be immediately extinguished or shall be caused to be extinguished. 5.1.17 Burn Permits are non-transferable. 6 BURNING OF RUBBISH PROHIBITED 6.1 No person shall install, use, and/or maintain an unlicensed incineration device for the burning of garbage or other refuse in any class or classes of Building. 7 FIRE BAN 7.1 Despite the existence of valid Burning Permits, the Fire Chief may issue a Ban on any or all Open-Air Fires or may suspend without recourse any or all Burning Permits and cause to be extinguished any or all Open-Air Fires (whether Permitted or Exempt) until such conditions as the Fire Chief may indicate are met. 8 RIGHT TO ENTER AND ENFORCE 8.1 Municipal Law Enforcement Officers shall have the right to enter at all reasonable times upon any property in order to ascertain whether this By-law is being obeyed, and to enforce or carry into effect the By-law. 9 FIRE DEPARTMENT EXEMPT 9.1 Any fires under the direct and constant supervision and control of the Municipality of Bayham Fire Department are exempt from the provisions of this by-law. 10 PENALTY 10.1 Every person who contravenes or who causes or permits a contravention of any provision of this by-law is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.2 Every person who knowingly provides false or misleading information for the purposes of obtaining a Burning Permit is guilty of an offence and upon conviction is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, c. P.33. 10.3 If a contravention of any provision of this by-law occurs, the contravention may be presumed to have been committed by the owner of the land on which the contravention occurred, which presumption may be rebutted by evidence to the contrary on a balance of probabilities. 10.4 If a Municipal Law Enforcement Officer is satisfied that a Solid Fuel Heating Appliance is being used in contravention of the by-law, the Municipal Law Enforcement Officer may make an oral order requiring any one or more of the person who is contravening the by-law, the person who caused or permitted the contravention, or the person who owns or occupies the land on which the contravention is occurring, to discontinue the contravention immediately. 10.5 If the contravention of this By-law results in fire suppression or fire safety personnel and vehicles being dispatched to respond, the person in control of the fire and/or the property owner may be charged, at the discretion of the Fire Chief, for the cost of such response according to the rates published in the current Municipality of Bayham Rates and Fees By-Law. However, nothing in any schedule of rates shall be construed as limiting the rights of the Municipality to seek restitution for other direct or consequential damages or costs incurred beyond those listed. 10.6 The quantity and type of fire vehicles and personnel dispatched to respond for the purposes of extinguishing, controlling, or investigating any fire are at the discretion of the Fire Chief. 11 VALIDITY 11.1 In the event that any of the provisions of this By-law are deemed ultra-vires by any Court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect. 12 REPEAL 12.1 That By-law No. 2006-047of the Municipality of Bayham is hereby repealed in its entirety. 13 EFFECTIVE DATE 13.1 This by-law shall come into force and effect on the date of final passage thereof and approval of Set Fines. READ A FIRST, SECOND, AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF DECEMBER, 2017. Mayor Clerk SCHEDULE A By-law No. 2017-109 All materials other than those listed below are specifically prohibited from being burned • Dry seasoned wood and wood by-products that have not been chemically treated or painted or stained • white or brown: paper and cardboard for the purposes of starting an authorized fire • dry: brush, stumps, hay, straw, and grass and other dry yard or natural agricultural materials but not including animal wastes and parts of animals unless such animals are diseased • natural or petroleum gases or liquids used as appliance fuels • charcoal materials intended for B-B-Q use. • other clean burning Combustible materials that may be specifically Approved by the Chief Fire Official. SCHEDULE B DEFINED URBAN AREAS By-law 2017-109 Explanatory note: "Urban Areas"include all areas shown on the following zoning by-law schedules except those portions of these areas that are considered a Rural Area according to Section 4 of this By-law. Community By-law Schedule Name Calton Z456-2003 as amended G Corinth Z456-2003 as amended B Eden Z456-2003 as amended D North Hall Z456-2003 as amended C Pt. Burwell Z456-2003 as amended I Richmond Z456-2003 as amended E Straffordville Z456-2003 as amended F Vienna Z456-2003 as amended H THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-116 BEING A BY-LAW TO REGULATE SIGNS INCLUDING ELECTION SIGNS WITHIN THE MUNICIPALITY OF BAYHAM WHEREAS Section 11(3) of the Municipal Act, S.O. 2001, as amended, provides that a lower tier municipality may pass by-laws respecting structures, including signs; AND WHEREAS Section 88.2 of the Municipal Elections Act, 1996, as amended, outlines provisions for the permitting of posting election signage; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to have a Sign By-law for the Municipality of Bayham to ensure public safety on roads and highways; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the 'Sign By-law' Section 1 - Definitions 1.1 "Candidate" shall have the same meaning as in the Municipal Elections Act, 1996, as amended, as applicable, and shall be deemed to include a person seeking to influence another person to vote for or against any question or by-law submitted to the electors under Section 8 of the Municipal Elections Act, 1996. 1.2 "Campaign Office" shall mean a building or portion of a building which is used by a candidate or an agent of a candidate as part of an election campaign and where a candidate's campaign staff are normally present and the public may enter to obtain information about the candidate. 1.3 "Daylighting Triangle" shall mean the triangle space formed by intersecting street lines on a corner lot and a line drawn from one point on one of the street lines to a point on the other street line. 1.4 "Election Sign" shall mean any sign: i. advertising or promoting a candidate in a municipal, provincial or federal election or by-election; ii. other advertising device, including without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof, which promote or relate to any municipal, provincial or federal election, including an election of a local board or commission; and iii. that uses words, pictures or graphics or any combination thereof intended to influence persons to vote for or against any question or by-law submitted to electors under Section 8 of the Municipal Elections Act, 1996, as amended. 1.5 "Highway" shall have the same meaning as the Highway Traffic Act, RSO 1990 c.H.8, as amended, and includes common and public highway, street, roadway, avenue, gate, alley, court, crescent, boulevard, lane, trail, way, chase, road, drive, circle, mews, line, side road, parkway, driveway, square, place, bridge, viaduct, or trestle, any part or which is intended for, or used by the general public for the passage of vehicles and includes the area between the lateral lines thereof. 1.6 "Municipal Law Enforcement Officer" shall mean a person appointed by the Council of the Corporation of the Municipality of Bayham for the purpose of enforcing Municipal By-laws and for the purpose of this by-law shall include Ontario Provincial Police and the Manager of Public Works and Operations or designate. 1.7 "Public Property" shall mean property owned by or under the control of the Municipality of Bayham or any of its agencies, boards or commissions, including highways, boulevards and road allowances, and shall be further deemed to include public utilities facilities, regardless of whether the public utilities facilities are owned by or under the control of the Municipality and shall also be deemed to include, benches, municipal recycling containers or other structures, located on a highway regardless of whether the containers or structures are owned by the Municipality. Property owned by the Municipality and leased to another person or entity shall not be and shall not be deemed to be public property. 1.8 "Official Sign" shall mean a sign placed by the Municipality to control and regulate the movement of vehicles and pedestrians, signs posted by the Municipality under the provisions of the Sign By- law, includes a sign approved by the Ministry of Transportation Ontario, and includes signs described in the Highway Traffic Act, RSO 1990 c.H.8, as amended. 1.9 "Person" shall mean an individual, corporation, partnership or sole proprietorship. 1.10 "Premises" shall include the parking lot, adjoining fences and road allowances. 1.11 "Sign" shall mean any advertising or promotion device, including without limitation, posters, placards, bulletins, banners, notices, pictures or any combination thereof. 1.12 "Sign Height" shall mean the vertical distance measured from the highest point of the sign to grade and includes any support structure. 1.13 "Vehicle" includes any means of transportation powered by any type of motor or human power. 1.14 "Voting Place" means the entire property and all the boundaries associated with it, when such voting place is located within a public premises and shall mean all of the common elements when the voting place is located on private premises. Section 2— General Provisions 2.1 No Person shall erect, attach, place or display any sign except as permitted by this by-law. 2.2 No Person shall erect, attach, place or display any sign, with the exception of an Election Sign, on any Highway or Public Property within the Municipality of Bayham. 2.3 No Person or Candidate shall erect, attach, place or display any Sign or Election Sign or permit to be erected, attached, placed or displayed any Sign or Election Sign: i. on or overhanging Public Property, including a Municipal Park or a facility that is owned or operated by the Municipality; ii. on a utility pole or light standard; iii. which include electronic display that incorporates in any manner any flashing or moving illumination which varies in intensity or which varies in colour and signs which have any visible moving parts or visible mechanical movement of any description; iv. on any Official Sign or Official Sign structure; v. in a location that would, by reason of size, location, or illumination, obstruct the vision of drivers or pedestrians, or obstruct or detract from the visibility or effectiveness of any traffic sign or control device on public streets and roads or which are located in a sight triangle; vi. which make use of words such as "STOP", "LOOK", ONE WAY", "DANGER", "YIELD", or any similar words, phrases, symbols, lights or characters in such manner as to tend to interfere with, mislead, or confuse traffic; vii. on a tree, stone or other natural object; viii. at a voting place; ix. on or within a vehicle parked at a voting place; x. in a location where the Sign or Election Sign: a. obstructs or impedes any required fire escape, fire exit, door, window etc., or so as to prevent or impede access of firefighters to any part of a building; b. constitutes a danger or hazard to the general public. 2.4 No Person or Candidate, to whom the Sign or Election Sign relates, shall erect, attach, place or display or permit to be erected, attached, placed or displayed any Sign or Election Sign not in compliance with the requirements of this By-law. 2.5 No Person shall pull down, deface or remove a lawfully erected Election Sign on private property without the consent of the Candidate to whom the sign relates or the Owner of the property on which the Election Sign is erected. 2.6 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed a Sign or Election Sign in such a position that such Sign or Election Sign would contravene any other applicable legislation. 2.7 No Person shall display the Municipality of Bayham logo, crest, trademark or seal, in whole or in part, on any Sign or Election Sign. 2.8 No Person or Candidate, to whom the Sign or Election Sign relates, shall erect, attach, place or display or permit to be erected, attached, placed or displayed any Sign or Election Sign on private property without the consent of the owner or occupant of such property. 2.9 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed any sign except as in accordance with the Ontario Building Code Act, 1992, S.O. 1992, c. 23, as amended. 2.10 No person shall hinder or obstruct, or attempt to hinder or obstruct, any Municipal Law Enforcement Officer or Public Works Employee while exercising any power or performing any duty under this By-law. Section 3 - Election Signs 3.1 No Person shall erect, attach, place or display or permit to be erected, attached or displayed an Election Sign on any Public Property, with the exception of a Highway, pursuant to the provisions of Section 2.3 of this By- law. 3.2 An Election Sign may be erected, attached, placed or displayed on private property if: i. the Election Signs do not interfere with the safe operation of vehicular traffic or with the safety of pedestrians; and ii. the Election Signs are erected, attached, placed or displayed with the consent of the owner or tenant of the property. Section 4— Election Sign Placement Timing 4.1 No Person shall erect, attach, place or display or permit to be erected, attached, placed or displayed an Election Sign prior to Nomination Day. 4.2 Despite Sections 4.1, an Election Sign may be erected, attached, placed or displayed on campaign offices once the Candidate has filed his or her nomination papers and paid the required filing fee. 4.3 Every Person or Candidate, to whom the Election Sign relates, shall remove the Election Sign no later than 48 hours following the Voting Day of the election for which the Election Signs were erected, attached, placed or displayed. For the purpose of this subsection, the Candidate shall be responsible for the removal of his or her Election Signs within the prescribed time frame. Section 5 - Removal of Unlawful Election Signs 5.1 Where an Election Sign has been erected, attached, placed or displayed in contravention of any provision of this By-law, a Municipal Law Enforcement Officer may cause the Election Sign to be removed immediately without notice and/or take any further action as provided within this By-law. 5.2 If an Election Sign is removed in accordance with Section 5.1 of this By-law, any person responsible for erecting, attaching, placing or displaying the Election Sign in contravention of this by-law shall, in addition to any fine or other penalty which may be imposed for an offence under this by-law, be required to pay to the Municipality the cost of removing the Election Sign. 5.3 If an Election Sign is removed pursuant to Section 5.1 of this By-law, the Candidate to whom the Election Sign relates shall be responsible for payment of all fees pursuant to Section 5.4 of this By-law to cover the cost of removing the Election Sign. 5.4 The Election Sign removal costs owed to the Municipality under this By-law shall be ten dollars ($10.00) for each Election Sign removed. 5.5 Election Signs removed, pursuant to Section 5.1 of this By-law, shall be stored by the Municipality for a period of not more than thirty (30) days, during which time the Candidate, upon payment of monies owed, may be entitled to redeem such Election Sign pursuant to Section 5.4 of this By-law. 5.6 Election Signs removed, pursuant to Section 5.1 of this By-law, and stored for a period of thirty (30) days, not redeemed with payment, pursuant to Section 5.5 of this By-law, shall be disposed of by the Municipality. 5.7 Any applicable fees as set out in this By-law may be recovered by legal action or in like manner as municipal taxes. Outstanding amounts will be applied to a Candidate's tax roll, if applicable, based on the qualifying address provided on the Candidate's nomination paper. Section 6 — Removal of Unlawful Signs 6.1 Where a Sign has been erected, attached, placed or displayed in contravention of any provision of this By-law, a Municipal Law Enforcement Officer may cause the Sign to be removed immediately without notice and/or take any further action as provided within this By-law. 6.2 If a Sign is removed in accordance with Section 6.1 of this By-law, any person responsible for erecting, attaching, placing or displaying the Sign in contravention of this by-law shall, in addition to any fine or other penalty which may be imposed for an offence under this by-law, be required to pay to the Municipality the cost of removing the Sign. 6.3 If a Sign is removed pursuant to Section 6.1 of this By-law, the Person to whom the Sign relates shall be responsible for payment of all fees pursuant to Section 6.4 of this By-law to cover the cost of removing the Sign. 6.4 The Sign removal costs owed to the Municipality under this By-law shall be ten dollars ($10.00) for each Sign removed. 6.5 Signs removed, pursuant to Section 6.1 of this By-law, shall be stored by the Municipality for a period of not more than thirty (30) days, during which time the Person, upon payment of monies owed, may be entitled to redeem such Sign pursuant to Section 6.4 of this By-law. 6.6 Signs removed, pursuant to Section 6.1 of this By-law, and stored for a period of thirty (30) days, not redeemed with payment, pursuant to Section 6.5 of this By-law, shall be disposed of by the Municipality. 6.7 Any applicable fees as set out in this By-law may be recovered by legal action or in like manner as municipal taxes. Section 7 - Penalty 7.1 Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to the penalties specified by the Provincial Offences Act, R.S.O. 1990, c. P.33, as amended. Section 8 - Liability for Damages 8.1 The provisions of this By-law shall not be construed as relieving or limiting the responsibility or liability of any person erecting, attaching, placing or displaying any Sign for personal injury or property damage resulting from the erecting, attaching, placing or displaying of such Signs or resulting from the negligence or willful acts of such person, or his or her agents or employees, in the construction, erection, maintenance, repair or removal of any such Signs. Likewise, the provisions of this section shall not be construed as imposing on The Corporation of the Municipality of Bayham, its officers, employees, servants, agents and contractors any responsibility or liability (whatsoever) by reason of the removal of any Sign. Section 9 - Administration 9.1 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 9.2 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 9.3 This By-law shall not apply to any Sign erected or placed by the Municipality of Bayham. 9.4 Nothing in this by-law relieves any person of the responsibility for adhering to other applicable laws which regulate signs or for obtaining the approval of the Federal and Provincial governments or agencies thereof as required, or for obtaining the approval of the property owner. 9.5 Port Burwell By-law No. 1995-016 shall be repealed in its entirety upon passing of this By-law. 9.6 This by-law shall take effect on the date of passage by Council. 9.7 In the event any section or provision of this By-law is held invalid, the remainder of the By-law shall continue in force. 9.8 This By-law shall apply to all Signs or Election Signs which were erected, attached, placed or displayed before this By-law was enacted and passed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF DECEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-117 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRUST AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND PORT BURWELL HISTORICAL SOCIETY 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 desirous of entering into a Trust Agreement with Port Burwell Historical Society in regard to placement of the Wheelhouse on municipal property; 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 Port Burwell Historical Society 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 7th DAY OF DECEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-118 A BY-LAW REQUIRING AN EMERGENCY MANAGEMENT PROGRAM FOR THE PROTECTION OF PUBLIC SAFETY, HEALTH, THE ENVIRONMENT, THE CRITICAL INFRASTRUCTURE AND PROPERTY, AND TO PROMOTE ECONOMIC STABILITY AND A DISASTER-RESILIENT COMMUNITY WHEREAS Section 2.1(1) of the Emergency Management and Civil Protection Act, RSO 1990, Chapter E.9, as amended, which requires every municipality to develop and implement an Emergency Management Program; AND WHEREAS Section 2.1(2) of the Emergency Management and Civil Protection Act, RSO 1990, Chapter E.9, as amended, stipulates the content of each municipality's emergency management program; AND WHEREAS, this Act requires the Emergency Management Program to conform to standards promulgated by Office of the Fire Marshall and Emergency Management (OFMEM) in accordance with international best practices, including the four core components of emergency management, namely: mitigation/prevention, preparedness, response and recovery; and also makes provision for the municipality and council to develop and implement an Emergency Management Program to protect public safety, public health, the environment, the critical infrastructure and property, and to promote economic stability and a disaster-resilient community. AND WHEREAS, this Act makes provision for the Head of Council to declare that an emergency exists in the community or in any part thereof, and also provides the Head of Council with authority to take such action or make such orders as he/she considers necessary and are not contrary to law, to implement the emergency response plan and respond to an emergency; AND WHEREAS, the Act, consistent with Section 242 of the Municipal Act, R.S.O., 1990, as amended, provides for the designation of one or more members of council who may exercise the powers and perform the duties of the head of Council during his/her absence or his/her inability to act; AND WHEREAS, the Act authorizes employees of a community to respond to an emergency in accordance with the emergency response plan where an emergency exists but has not yet been declared to exist; NOW THEREFORE, be it resolved: 1. THAT an Emergency Management Program be developed and implemented in accordance with the standards published by the OFMEM in accordance with international best practices; 2. THAT the Head of Council or designated alternate, as provided in the Plan, be empowered to declare an emergency and implement the Emergency Response Plan; 3. THAT certain appointed officials or their designated alternates, as provided in the approved community Emergency Response Plan are empowered to cause an emergency notification to be issued to members of the Community Control Group, and to respond to emergency in accordance with the emergency response plan where an emergency exists but has not yet been declared to exist; 4. THAT the Bayham Emergency Management Program Committee will review annually the Emergency Management Program and the Emergency Response Plan to recommend changes as considered appropriate and refer recommendations to Council for further review and approval; 5. THAT the appendices of the Emergency Response Plan may be added, amended, or removed with the approval of the Emergency Management Program Committee and reported to Council annually, without amendment to this bylaw; 6. THAT Schedule 'A', being the Emergency Response Plan attached hereto, shall form part of this By-law; 7. THAT Schedule 'B', being a Schedule to establish the composition, organization and operational guidelines of the Emergency Management Program Committee attached hereto, shall form part of this By-law. 8. THAT Schedule 'C', being a Schedule to designate and identify a community Emergency Information Officer attached hereto, shall form part of this By-law; 9. THAT the following By-Laws and any amendments thereto be rescinded: ➢ By-Law 2014-121 ➢ Any other By-Law pertaining to Emergency Management Program and Emergency Response Plan for the Municipality of Bayham; 10. THAT this By-law shall be enacted and of full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 7th DAY OF DECEMBER, 2017. MAYOR CAO/CLERK Municipality of Bayham Emergency Response Plan By-Law 2017-118 Schedule A Municipality of Bayham -- Emergency Response Plan — Revised 2017 2 TABLE OF CONTENTS: Definitions 4 Introduction 7 The Authority 7 The Aim 7 General Overview Population 8 Education 8 Medical Care 8 Protective Services 8 Public Utilities 8 Communications 9 Conservation Authority 9 Emergency Medical Services 9 Declaration of an Emergency Action Prior to Declaration 10 Municipal Emergency .10 Termination of Emergency 11 Request for Provincial/Federal Assistance 11 Control Group Operations Emergency Operation Centre 11 Communications Room 12 Operating Cycle 12 Community Control Group Notification System 12 Community Control Group 13 Community Control Group Responsibilities 13 Composition of the Community Control Group 15 Mayor/Acting Head of Council 15 CAOICIerk 15 Community Emergency Management Coordinator 16 Water/Wastewater Superintendent 17 Deputy Clerk 17 Manager of Public Works 18 Fire Chief 18 Police 19 Municipality of Bayham -- Emergency Response Plan — Revised 2017 3 Public Utilities Representative 19 EMS (Ambulance) Representative 20 Health Unit 20 Communications Manager 21 Support & Advisory Staff Conservation Authority 21 Solicitor 21 Provincial Ministry 21 Ontario Works 22 Canadian Red Cross 22 Radio Emergency Service (A.R.E.S.) 23 St. John Ambulance 23 Salvation Army 23 Other Officials, Experts, or Representatives 24 On-Site Incident Commander 24 Media and Public Relations 25 The Emergency Information Officer 25 On-Site Media Spokesperson 26 The Citizen Inquiry Representative 26 Public Information & Inquiry 27 Evacuation Planning 27 Recovery Planning 27 Plan Review, Testing, and Maintenance 27 Municipality of Bayham -- Emergency Response Plan — Revised 2017 4 DEFINITIONS Ambulance Representative A designated representative of the Central Ambulance Communications Centre and/or Ambulance Service. CAOICIerk An employee of the Municipality of Bayham appointed CAOICIerk of The Corporation of the Municipality of Bayham, or designated alternate. Citizen Inquiry Representative A person designated by Elgin County Ontario Works Agency responsible for establishing a Citizen Inquiry Service. Community Control Group (CCG) A designated group of individuals mandated to address the ongoing, or potentially expanding threat to the broader community, including health, safety and well being of persons; property and infrastructure; essential services; the environment; local economy, and to instill a level of confidence to the public. Community Emergency Management Coordinator (CEMC) An employee of the Municipality of Bayham appointed Community Emergency Management Coordinator of The Corporation of the Municipality of Bayham, or designated alternate. Deputy Clerk An employee of the Municipality of Bayham appointed Deputy Clerk of The Corporation of the Municipality of Bayham, or designated alternate. Emergency "emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; ("situation d'urgence") Emergency Management and Civil Protection Act, R.S.O. 1990 Emergency Area A geographic area within which an emergency has occurred or is about to occur, and which has been identified, delineated and designated to receive emergency response actions. Emergency Information Officer (EIO) The Emergency Information Officer (E10) will be appointed by Council and is responsible for coordinating the dissemination of information to the media, broader community and stakeholders. Municipality of Bayham -- Emergency Response Plan — Revised 2017 5 Emergency Management Program Committee A management team appointed by Council to oversee the development, implementation and maintenance of the Municipality of Bayham emergency management program. Emergency Operations Centre (EOC) A facility where the Community Control Group assembles to manage an emergency. Evacuation Centre A facility to provide shelter, food and other services to a group of people who have been evacuated from an emergency area. Fire Representative An employee of the Municipality of Bayham appointed Fire Chief of The Corporation of the Municipality of Bayham Fire Department, or designated alternate. Head of Council The elected Mayor or appointed Acting Mayor of the Municipality of Bayham, or designated alternate. Health Representative The Elgin County Medical Officer of Health, or designated alternate. Inner Perimeter A restricted area in the immediate vicinity of the emergency area as established by the Emergency Site Manager. Access to the inner perimeter is restricted to those essential emergency personnel actively involved in response. Manager of Public Works An employee of the Municipality of Bayham appointed Manager of Public Works of The Corporation of the Municipality of Bayham, or designated alternate. Media Information Centre A facility or location near, but not in, the Emergency Operations Centre where the media may assemble for media releases and press conferences. Ontario Works Representative The County of Elgin/City of St. Thomas Director of Ontario Works or designated alternate. On-Site Incident Commander A public sector official or designate (usually fire, police, ambulance or public works) at the emergency area, responsible for coordinating resources and developing actions to resolve the emergency situation. Municipality of Bayham -- Emergency Response Plan — Revised 2017 6 Outer Perimeter A designated geographic area within the emergency area located directly adjacent to the inner perimeter and serving as a coordination and assembly point for essential emergency personnel and equipment. Reception Centre A reception centre is a facility usually located outside the emergency area and provides a place where evacuees can go to register, receive assistance for basic needs, information and referral to an evacuation center if required. Red Cross Representative A person designated by Canadian Red Cross responsible for supervising and coordinating all activities of the Canadian Red Cross during an emergency. Water/Wastewater Superintendent An employee of the Municipality of Bayham appointed Water/Wastewater Superintendent of The Corporation of the Municipality of Bayham, or designated alternate. Municipality of Bayham -- Emergency Response Plan — Revised 2017 7 INTRODUCTION THE PURPOSE The purpose of this plan is to provide elected officials, personnel, and emergency response agencies with an overview of the guidelines to their expected response and responsibilities to an emergency situation within the Municipality of Bayham. For this plan to be effective it is imperative all officials, departments and agencies be aware of their respective roles and be prepared to carry out their assigned responsibilities. For the purposes of this plan, "emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substansial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise ("situation d'urgence. Emergency Management and Civil Protection Act, R.S.O. 1990 While many emergencies could occur within the Municipality of Bayham, the most likely to occur are: ➢ air, water and land pollution ➢ hail ➢ floods ➢ high winds; tornados ➢ ice storms ➢ landslides ➢ severe thunderstorms )=. torrential rain ➢ hazardous industrial chemical spills ➢ electrical power failures ➢ hazardous materials in transit THE AUTHORITY The Province of Ontario has passed the Emergency Management and Civil Protection Act, R.S.O. 1990, which provides for the development and implementation of an emergency management program by the Council of the Municipality of Bayham. This Act makes provision for the Head of Council to declare that an emergency exists in the municipality and also provides the Head of Council with the authority to take such action or deliver such orders as he/she considers necessary, provided such action is not contrary to the laws which implement the emergency plan of the municipality. The Act also provides for the designation of one or more members of council who may exercise the powers and perform the duties of the Head of Council during his/her absence or inability to act. THE AIM The focus of this plan is to provide a guideline for the most effective response to an emergency situation in the Municipality of Bayham, and in so doing safeguard the health, safety, welfare and property of its populace. This plan will govern the provision for requested services during an emergency. Municipality of Bayham -- Emergency Response Plan — Revised 2017 8 GENERAL OVERVIEW OF THE MUNICIPALITY OF BAYHAM POPULATION The population of the municipality is: 7396 (Statistics Canada Census 2016). EDUCATION The Municipality's educational facilities consist of two (2) elementary public schools and two (2) private schools. MEDICAL CARE The Municipality is serviced by the Tillsonburg District Memorial Hospital and Elgin-St. Thomas General Hospital. PROTECTIVE SERVICES The Municipality of Bayham Fire Department provides fire protection services out of two (2) fire stations, one in Port Burwell and the other in Straffordville. The department is all volunteer with 21 firefighters in each station, along with a municipal training officer. The Fire Chief is employed by the municipality full time. Ontario Provincial Police is contracted to provide law enforcement services. PUBLIC UTILITIES Electricity Hydro One provides electricity. Natural Gas EPCOR distributes natural gas to areas south of the Hamlet of Eden and Union Gas to areas north of the Hamlet of Eden. Municipal Water The Elgin Area Primary Water System provides potable water to municipalities within Elgin County, St. Thomas and London. The Municipality of Bayham is responsible for maintaining the distribution systems for the villages of Port Burwell, Vienna, and Richmond Other areas of the municipality rely on well water for potable water resources Sewer/Septic The Municipality of Bayham operates and maintains a sanitary sewer system for residents in the geographic boundaries of the villages of Port Burwell, Straffordville and Vienna, and the hamlet of Eden Municipality of Bayham -- Emergency Response Plan — Revised 2017 9 COMMUNICATIONS Eastlink and Bell Canada provide telephone and Internet service. Wireless phone service is provided by Rogers Communications, Bell Mobility and Telus. CONSERVATION AUTHORITY Long Point Region Conservation Authority has jurisdiction over the waterways throughout the municipality. EMERGENCY MEDICAL SERVICES Emergency medical services and patient transportation services are provided primarily by Elgin-St. Thomas EMS (St. Thomas & Aylmer) and supplemented by both Oxford County EMS (Tillsonburg) and Norfolk County EMS (Langton) when necessary. Municipality of Bayham -- Emergency Response Plan — Revised 2017 10 DECLARATION OF AN EMERGENCY ACTION PRIOR TO DECLARATION When an emergency exists, but has not yet been declared to exist, municipal employees may take such action(s) under this emergency plan as may be necessary to protect the lives and property of the inhabitants of the Municipality of Bayham. MUNICIPAL EMERGENCY The Head of Council of the Municipality of Bayham is responsible for declaring a municipal emergency exists within the geographic boundaries of the Municipality. This decision is made in consultation with other members of the Municipality of Bayham Community Control Group. Upon such declaration, the Head of Council shall: 1. Notify the County Warden; 2. Notify the Minister of Community Safety & Correctional Services through the Office of the Fire Marshal & Emergency Management Ontario (via the Provincial Emergency Operations Centre (PEOC)) 3. Notify Municipality of Bayham Council members; and 4. Ensure the public, media, and neighboring municipal officials are advised of both the declaration and termination of an emergency. The Head of Council may request assistance from the County of Elgin, without activating the County of Elgin Emergency Response Plan, by contacting the County Warden, County COA or County Community Emergency Management Coordinator. When a local emergency has been declared and municipal resources are deemed insufficient to control the emergency, the Head of Council may request the County Warden, County COA, County Community Emergency Management Coordinator or their alternates to activate the County of Elgin Emergency Response Plan. For Coordination, if the emergency affects more than one Elgin County municipality, or one or more municipality(s) and the City of St. Thomas, the County Emergency Response Plan will be activated. Once the County of Elgin Emergency Response Plan is activated, the Head of Council and designated staff representatives from the municipality will become members of the County of Elgin Community Control Group. The remaining staff from the Municipality of Bayham will form the Municipality of Bayham Community Control Group and provide support to the Head of Council or the designate. All decisions by the Municipality of Bayham Community Control Group (as appropriate) affecting the lives and property of the inhabitants within the Municipality of Bayham shall be made in consultation with the Head of Council of the Municipality. All decisions by the Municipality of Bayham Community Control Group (as appropriate) affecting the lives and property of the inhabitants within the Municipality of Bayham shall be made in consultation with the Head of Council of the Municipality. Municipality of Bayham -- Emergency Response Plan — Revised 2017 11 TERMINATION OF EMERGENCY A municipal emergency may be declared terminated at any time by the: 1. Head of Council, 2. Municipal Council, or 3. Premier of Ontario. Upon termination of a municipal emergency the Head of Council shall notify the: 1. County Warden 2. Municipality of Bayham Council members 3. Minister of Community Safety & Correctional Services of Ontario through the Office of the Fire Marshal and Emergency Management Ontario, and 4. Members of the public and media, and 5. Neighbouring municipal officials. REQUEST FOR PROVINCIAL / FEDERAL ASSISTANCE The municipality may request additional resources from the province if local resources, including resources available from bordering municipalities and/or the County of Elgin are insufficient to meet emergency requirements. The Ministry of the Community Safety and Correctional Services (MCSCS), through the Office of the Fire Marshal & Emergency Management Ontario, is the focal point for provincial assistance during an emergency. MCSCS should be notified if the threat of an emergency exists and shall be notified when an emergency has been declared. MCSCS will not take over and manage the emergency; it can provide liaison and coordination, and a central point for contact with other provincial ministries and the federal government if required. All requests for provincial and federal assistance should be directed through the Office of the Fire Marshal & Emergency Management Ontario. COMMUNITY CONTROL GROUP (CCG) OPERATIONS: EMERGENCY OPERATION CENTRE(EOC) The Municipality shall identify a primary location to establish an emergency operations center (EOC) for the CCG to assemble in the event of an emergency. The Municipality may also designate a second location as an alternate EOC. The CCG will assemble at an EOC as designated by the Head of Council and CAOICIerk, or designates. CCG members shall assemble at the designated EOC when notified and determine if the site is an appropriate location for the CCG to conduct business appropriate for the type and location of the emergency area. If this site is not appropriate, the CCG will choose an alternate location to conduct EOC business. Municipality of Bayham -- Emergency Response Plan — Revised 2017 12 COMMUNICATIONS ROOM A separate communications room shall be established in close proximity to the designated EOC. CCG members should designate one or more persons as communicators, depending on the nature and scope of the emergency, to facilitate in-coming and out-going communications to assist CCG members as required. Communicators will be responsible for operating telephones and radios within the communications room and relaying information between their respective representatives on the CCG. OPERATING CYCLE The CCG shall meet regularly to share information and make decisions related to the emergency and continuity of municipal business and services. The CAOICIerk will be responsible for establishing the frequency of EOC meetings and agenda items. Meetings will be kept as brief as possible to allow CCG members to carry out their individual responsibilities. Each meeting of the CCG should include the following: • An assessment and prognosis of the emergency situation • The establishment of priorities • The setting of objectives • The determination of an action plan • Timelines for the implementation of assigned tasks • Monitoring and reporting. When a meeting ends, each member of the CCG carries out their assigned tasks/objectives and gathers information for the next scheduled meeting. It is important all CCG members to function as a team to establish the most effective response to the emergency situation. To enhance effectiveness CCG members should be relieved of their duties at regular intervals. COMMUNITY CONTROL GROUP NOTIFICATION SYSTEM The Head of Council, CAOICIerk, Fire Chief, Manager of Public Works or Water/Waste Water Superintendent may activate the Emergency Notification System as established by the municipality. Municipality of Bayham -- Emergency Response Plan — Revised 2017 13 COMMUNITY CONTROL GROUP (CCG) The following municipal officials will make up the Municipality of Bayham CCG • Head of Council • CAOICIerk, or alternate • Community Emergency Management Coordinator, or alternate • Manager of Public Works, or alternate • Water/Wastewater Superintendent, or alternate • Fire Chief, or alternate • Deputy Clerks, or alternates The CCG may function with only a limited number of persons depending upon the emergency. While the CCG may not require the presence of all persons listed as members of the CCG, all members of the CCG must be notified. The CCG may request assistance from one or more of the following agencies/organizations and include representatives in EOC operations: • Ontario Works / Canadian Red Cross • Health Unit • Conservation Authority • Police • Electricity Supplier • EMS /Ambulance • Amateur Radio Emergency Service (ARES) • Public Utilities • Elgin County • Additional personnel deemed necessary by the CCG (i.e. Provincial / Federal Ministry representatives, industrial representatives, school boards, legal, financial representatives). CCG RESPONSIBILITIES Some or all of the following actions/decisions should be considered and dealt with by the CCG: • Determining the status of the emergency situation by acquiring and assessing information; • Advising Head of Council as to whether the declaration of an emergency is recommended; • Mobilizing emergency services, personnel and equipment; • Coordinating and providing emergency and municipal services and ensuring any actions necessary for the mitigation of the effects of the emergency are taken, provided they are not contrary to law; • Coordinating and/or overseeing the evacuation of inhabitants considered to be in danger and establishing a Registration and Inquiry Centre to handle requests regarding evacuees; Municipality of Bayham -- Emergency Response Plan — Revised 2017 14 • Arranging for services and equipment from local agencies not under municipal control, i.e. private contractors, volunteer agencies, services clubs; • Notifying and requesting assistance from various levels of government and any public or private agencies not under Municipal control, as considered necessary; • Determining if additional volunteers are required and if appeals for volunteers are warranted; • Determining if additional transportation is required for evacuation or transport of persons and/or supplies; • Ensuring pertinent information regarding the emergency is promptly forwarded for dissemination to the media and public; • Determining the need to establish advisory group(s) and/or sub-committees; • Authorizing expenditure of funds required to deal with the emergency for the preservation of life and health; • Maintaining a log outlining decisions made and actions taken, and submitting a summary of the log to the CAOICIerk within one week of the termination of the emergency, as required; • Arranging for emergency accommodation and/or welfare services for residents temporarily evacuated from their homes; • Establishing a reporting and inquiry centre to handle individual requests concerning any aspect of the emergency; • Ensuring all emergency personnel are advised of the termination of the declared emergency; • Appointing an On-Site Incident Commander; • Ensuring Critical Incident Stress management resources are available to emergency responders; • Ensuring the emergency is reviewed and a recovery plan, if required, is in place before the local emergency is terminated; • Participating in the debriefing following the emergency; • Addressing the emotional trauma to the Community. Municipality of Bayham -- Emergency Response Plan — Revised 2017 15 COMPOSITION OF THE COMMUNITY CONTROL GROUP HEAD OF COUNCIL: The Head of Council will be responsible for the following duties: • Implementing the Emergency Response Plan in response to a request for assistance from a member of the CCG, or emergency response agency; • Declaring an emergency to exist; • Declaring the emergency has terminated; • Notifying the Minister of Community Safety & Correctional Services via the Office of the Fire Marshal & Emergency Management Ontario, of the declaration of an emergency, and termination of the emergency; • Making decisions, determining priorities, and issuing direction to the Heads of Departments; • Requesting assistance from senior levels of government and from constituent municipalities not involved with the emergency, when required; • Authorizing expenditures and the acquisition of equipment and personnel when necessary; • Approving and making news releases and public announcements in conjunction with the Emergency Information Officer (EIO); • Ensuring all members of the CCG are kept apprised of developments as soon as possible; • Ensure all members of Council apprised of the emergency and the municipality's response to the emergency; • Maintain a personal log of all actions taken. CAOI CLERK: The CAOICIerk, or alternate, will be responsible for the following duties: • Provide assistance/advise to Head of Council and Department Heads as required; • Liason with government agencies/officials, as directed; • Ensuring all required members are present when the CCG is assembled; • Chairing meetings of the CCG; • Organizing and supervising the Emergency Operations Centre (EOC) during the emergency, including arrangements for feeding and relief of Centre personnel; • Coordinating all operations within the EOC, including the scheduling of regular meetings; • Arranging for effective communications to and from the emergency site; • Providing security for the EOC, as required; • Providing identification cards to CCG members and support staff; Municipality of Bayham -- Emergency Response Plan — Revised 2017 16 • Coordinating the maintenance and operation of feeding, sleeping, and meeting areas of the CCG, as required; • Maintaining a record of actions taken by the CCG in dealing with the emergency; • Compiling records of costs incurred as a result of emergency action; • Providing advice to the CCG on legal and financial matters; • Ensuring records of expenses are maintained for future claim purposes; • Ensuring the prompt payment and settlement of all legitimate invoices and claims incurred during an emergency; • Acting as principle staff officer to the Head of Council; • Coordinating and processing requests for human resources; • Under the direction of the CCG, coordinating offers of and appeals for volunteers; • Selecting the most appropriate sites for the registration of human resources; • Ensuring records of human resources and administrative details are completed; • When volunteers are involved, ensuring Volunteer Registration Forms are completed and a copy of the form retained for Municipal records; • Ensuring identification cards are issued to volunteers and temporary employees, where practical; • Arranging for transportation of human resources to and from sites; • Obtaining assistance, if necessary, from Employment and Immigration Canada, as well as other government departments, public and private agencies, and volunteer groups; • Compiling reports for council; • Regularly reviewing the contents of the Emergency Response Plan to ensure the plan is up to date and in conformity with Provincial procedures; • Organizing and coordinating training and participation in drills and exercises; • Reviewing the Ontario Disaster Relief Program directives on a regular basis; • Organizing any required debriefing sessions; • Act as Emergency Information Officer; • Maintain a personal log of all actions taken. COMMUNITY EMERGENCY MANAGEMENT COORDINATOR (CEMC) The CEMC, or alternate, will be responsible for the following duties: • Ensuring security is in place for the EOC and registration of CCG members; • Assisting in activating and arranging the EOC; • Ensuring CCG members have necessary ERP, resources, supplies, maps and equipment; • Providing advice and clarifications about the implementation details of the ERP; Municipality of Bayham -- Emergency Response Plan — Revised 2017 17 • Ensuring liaison with community support agencies; • Ensuring CERV coordination and liaison; • Ensuring the operating cycle is met by the CCG and related documentation is maintained and kept for future use; • Addressing any action items resulting from the activation of the ERP and keep CCG informed of implementation needs; • Ensuring records and logs are maintained by CCG members for the purpose of debriefing and post emergency reporting; • Maintain a personal log of all actions taken. WATER/WASTEWATER SUPERINTENDENT The Water / Wastewater Superintendent, or alternate, will be responsible for the following duties: • Provide advise on water/wastewater related issues; • Arrange for assistance, equipment as necessary; • Liaison with appropriate provincial agencies as required; • Providing an On-Site Incident Commander, if required; • Maintaining and updating a list of all vendors who may be required to provide supplies and equipment; • Maintain a personal log of all actions taken. DEPUTY CLERK The Deputy Clerk, or alternate, will be responsible for the following duties: • Recording minutes of EOC business meetings; • Process documentation as required; e.g. Declaration of Emergency; • Act as EOC Chairperson/Manager in the absence of the CAOICIerk; • Set up EOC upon activation of CCG; • Maintains an event board/log during EOC meetings; • Coordinates telecommunications systems for the EOC; • Provides assistance to the CAOICIerk, as required; • Coordinates additional support staff for CCG members and EOC, as required; • Advises the CCG on issues related to zoning, planning, mapping, etc.; • Maintain a personal log of all actions taken. MANAGER OF PUBLIC WORKS: The Manager of Public Works, or alternate, will be responsible for the following duties: • Providing advise or liaising with consultants to provide the CCG with advice on engineering matters; • Arranging for dispatch of staff and equipment to assist in responding to the emergency situation if required; Municipality of Bayham -- Emergency Response Plan — Revised 2017 18 • Maintaining liaison with flood control, conservation and environmental authorities and preparing for relief or preventative measures; • Arranging for the clearing of emergency routes and the marking of obstacles if required; • Arranging for engineering materials and equipment from the County and Provincial resources, from neighboring municipalities, and from private contractors when necessary; • Assisting fire fighting authorities in dealing with special hazards such as chemical spills, explosions or noxious fumes; • Establishing radio communications, if required, and calling on the services of the Amateur Radio Emergency Service; • Re-establishing essential road services at the end of the emergency period; • Ensuring roads are maintained and accessible during an emergency; • Providing an On-Site Incident Commander, if required; • Maintaining and updating a list of all vendors who may be required to provide supplies and equipment; • Maintain a personal log of all actions taken. FIRE CHIEF: The Fire Chief, or alternate, will be responsible for the following duties: • Providing advice on fire fighting and rescue matters to the CCG; • Confirming local fire fighting, rescue and life saving resources are sufficient for the operational situation, and arranging for further assistance as required; • Providing advice to municipal departments to bring into play other equipment and skills needed to cope with the emergency; • Coordinating assistance from the Mutual Aid Fire System and Office of the Fire Marshal of Ontario as required; • Determining if special equipment or supplies, not available can be located elsewhere and advising the CCG; • Coordinating assistance of fire equipment and personnel with other departments and agencies in large scale non-firefighting operations (rescue, first aid, casualty collection); • Liaising with the Ministry of the Environment on fires involving potentially dangerous materials; • Liaising with the Ministry of Natural Resources on forest fires; • Providing an On-Site Incident Commander if required; • Maintaining and updating a list of all vendors who may be required to provide supplies and equipment; • Maintain a personal log of all actions taken. Municipality of Bayham -- Emergency Response Plan — Revised 2017 19 POLICE: The Police Representative, or alternate, will be responsible for the following duties: • Providing advice on police (law enforcement) matters to the CCG; • Arranging for assistance to local authorities in implementing traffic control to permit rapid movement of emergency equipment; • Coordinating police operations and responses with Municipal Service Departments and with neighboring police authorities; • Establishing security around the emergency area to control access and protect property; • Sealing off the area of concern, controlling and, if necessary, dispersing crowds within the emergency area; • Alerting persons endangered by the emergency and coordinating evacuation procedures; • Liaising with the Ontario Works Representative regarding the establishment and operation of evacuation and reception centres; • Providing for police services in evacuee centres, morgues, and other facilities, as required; • Liaising with other municipal, provincial or federal police agencies as required; • Informing the CCG on the actions take by the Police; • Providing an On-Site Incident Commander if required; • Maintain a personal log of all actions taken. PUBLIC UTILITIES REPRESENTATIVE (S): • Providing the CCG with advice on utility (hydro, natural gas, telephone, etc.) matters; • Arranging for the dispatch of staff and equipment to assist in containing the emergency situation if required; • Maintaining liaison with public and private utility companies (hydro, gas, telephone, etc.) and making recommendations for discontinuation of any utilities, public or private, when necessary in the interest of public safety; • Maintain a personal log of all actions taken. EMS (AMBULANCE) REPRESENTATIVE: The Ambulance Representative or alternate will be responsible for the following duties: • Providing information on the movement of casualties from the emergency area; • Advising CCG on requirements for additional casualty transportation means, beyond ambulance resources; Municipality of Bayham -- Emergency Response Plan - Revised 2017 20 • Provide additional medical resources as needed for casualty management at the emergency site, in consultation with the Medical On-Site Coordinators, and initiating requests for such with medical authorities; • Authorizing additional Ministry of Health resources required by any facility, which operates under the direction of the Ministry of Health in accordance with Ministry procedures; • Maintain a personal log of all actions taken. HEALTH UNIT: The Health Representative, or alternate, will be responsible for the following duties: • Providing advise to the CCG on health matters; • Keeping the Health Unit staff informed; • Providing staff at each Evacuee Centre to assist the Manager of each Reception/ Evacuee Centre in public health matters, and in assisting evacuees; • Providing a 24 hour Nurse at each Evacuee Centre housing more the 50 evacuees; • Arranging for mass immunization where needed; • Arranging for precautions in regard to water supplies when warranted; • Notifying other agencies and senior levels of government about health related matters in the emergency; • Ensuring the safety of food supplies and the safe disposal of sewage and waste; • Ensuring adequate general sanitation and personal hygiene at emergency reception centres; • Ensuring proper burial of the dead; • Coordinating the response of health unit services and facilities; • Maintaining a log of all actions taken. Liaising with the local hospital representative to: • Implement their respective Hospital Disaster Plan, if required; • Liaising with the Health and Ambulance Representatives with respect to hospital and medical matters, as required; • Evaluating requests for the provision of medical site teams/medical triage teams; • Liaising with the Ministry of Health, as appropriate. COMMUNICATIONS MANAGER: A Communications Manager shall be appointed by the CCG and will be responsible for the following duties: • Provide the CAOICIerk with reports on the emergency situation and any other pertinent information at regular intervals, or as requested; Municipality of Bayham -- Emergency Response Plan — Revised 2017 21 • Provide assistance to the communicators in relation to communications equipment problems, where possible and practical; • Coordinate and prioritize the flow of messages between the Communications Room and the Community Control Group members and other desired groups or locations; • Maintenance of a chronological log of significant communications and events; • Maintenance of a situation or status board, and; • Maintenance of a map(s) containing vital information related to the emergency; • When possible, establishing and ensuring telephone communication needs are provided to the EOC, emergency site, and anywhere else required; • Maintain a personal log of all actions taken. SUPPORT& ADVISORY STAFF: Staff from the following Support and Advisory Services may be required to provide support, logistics and advice to the CCG: THE CONSERVATION AUTHORITY WILL BE RESPONSIBLE FOR: • Providing advice on the abatement of flood emergencies; • Assisting in acquiring resources to assist in flood emergencies. THE SOLICITOR: The Solicitor for the Municipality will be responsible for: • The provision of advice to any member of the CCG on matters of a legal nature as they may apply to the actions of the Municipality in its response to the emergency, as required. PROVINCIAL MINISTRY: Provincial Ministry Representatives will be responsible for: • Providing advice on matters of Provincial concern to members of the CCG; • Assisting in the garner of resources; • Coordination of Provincial response agencies (OFMEM responsibility). ONTARIO WORKS REPRESENTATIVE: The Ontario Works Representative, or alternate, will be responsible for the following duties: • Providing advise to the CCG on Ontario Works matters; • According to the nature of the emergency, in consultation with the Red Cross, Salvation Army and St. John Ambulance, be prepared to assist municipalities in their efforts to support their residents whose lives have been impacted by the emergency with the provision of: Municipality of Bayham -- Emergency Response Plan — Revised 2017 22 • Emergency clothing to provide adequate protection from the elements, • Emergency lodging to provide adequate temporary accommodation for the homeless, • Registration and inquiry services to reunite families and to collect information and answer queries concerning the safety and whereabouts of missing persons, • Emergency feeding to sustain those without food or adequate food preparation facilities, • Liaising with the Health Representative on areas of mutual concern required during operations in evacuee centres, and • Individual and family services to assist and counsel individuals and families in need and to provide special care to unattached children and dependent adults; • In consultation with the Health Representative, establish an `outreach program' for victims of the emergency; • Providing staff to operate Citizen Inquiry Centre; • Liaising with public and private nursing care homes as, required; • Notifying the Police of the number and locations of the Emergency Reception Centres; • Contacting and providing direction to volunteer agencies able to assist in welfare functions, such as Red Cross, Women's Institutes, etc.; • Notifying senior levels of government on Ontario Works matters in the emergency. CANADIAN RED CROSS: The Canadian Red Cross will receive requests for support from the Ontario Works Representative. The responsibilities of the Canadian Red Cross Representative during an emergency are to: • Activate the Canadian Red Cross emergency alert system; • Co-ordinate the Canadian Red Cross response in co-operation with the Ontario Works Representative, if an evacuation is required; • Provide registration and inquiry to meet the following objectives: • Collect accurate and reliable information and answer inquiries as to the condition and whereabouts of disaster victims in co-operation with local hospitals and reception centres; and • Assist in reuniting separated family members as quickly as conditions permit; • Operate an inquiry bureau to deal with national and international requests as directed by the Canadian Red Cross National office; Municipality of Bayham -- Emergency Response Plan — Revised 2017 23 • Set up and operate an evacuation centre, upon the request of the Ontario Works Representative; • Assist with first aid established at reception centres if required; • Ensure volunteers are properly registered so that Workplace Safety Insurance coverage is provided during an emergency. RADIO EMERGENCY SERVICE (A.R.E.S.): The Radio Emergency Service Representative will be responsible for: • Providing additional communication requirements to supplement the Municipality and emergency communications systems, as required; • Contacting other communications experts, as required. ST. JOHN AMBULANCE: The St. John Ambulance will receive requests for support from the Ontario Works or Ambulance Representative during an emergency to: • Activate the Division's emergency alert system; • Co-ordinate the Division's response in co-operation with the Health Representative; • Provide first aid; • Establish first aid posts at reception centres, as required; • Ensure volunteers are properly registered so Workplace Safety Insurance Board coverage is provided during an emergency. SALVATION ARMY REPRESENTATIVE: The Salvation Army will receive requests from the Ontario Works Representative. The responsibilities of the Divisional Commander or alternate of the Salvation Army during an emergency are to: • Activate the Division's emergency alert system; • Coordinate the Division's response in cooperation with the Ontario Works Representative, if an evacuation is required; • Coordinate and feeding of personnel at the disaster site and reception centre; • Provide bedding and clothing, in cooperation with Ontario Works; • Provide and coordinate clergy assistance; • Ensure volunteers are properly registered so Workplace Safety Insurance Board coverage is provided during an emergency. OTHER OFFICIALS, EXPERTS, OR REPRESENTATIVES: Other Officials, Experts, or Representatives will be responsible for: • Any special advice or expertise necessary to abate the emergency situation as required by the CCG. Municipality of Bayham -- Emergency Response Plan — Revised 2017 24 ON-SITE INCIDENT COMMANDER: The On-Site Incident Commander task is to coordinate resources and develop a strategy and action plan to resolve the emergency situation at the emergency area. Once appointed, the On-Site Incident Commander should be relieved of all other duties, and will remain in control of the scene unless the CCG deems it necessary to appoint a replacement. Some of the duties of an On-Site Incident Commander include: • Setting up a command post, and establishing regular communications with the other agencies on the site, and with the EOC • Establishing authority and supervising all operations within the outer perimeters of the site; • In consultation with all emergency response agencies at the emergency area, develop a response strategy and action plan to facilitate the efficient and effective response of emergency personnel and equipment to mitigate the impact to life and property in the emergency area; • Organizing a management team and arranging a management cycle; • Determining the inner and outer perimeters, and ensuring they are set up; • Organizing the layout of the site; • Conferring with the heads of the other agencies at the site, to ascertain what is happening and what is needed; • Passing information on what is happening, and requests for resources to the EOC, and passing direction and information from the EOC to others at the site; • Directing and coordinating the activities of the response agencies at the site; • Determining what resources are necessary, and asking the EOC to provide them; • Arranging a system of relief, rest areas, food, etc., for site workers; • Ensuring worker and volunteer safety; • Arranging media visits to the site; • Planning ahead for site activities and the resources to support them; • Maintaining a log of all actions. MEDIA AND PUBLIC RELATIONS It is important to coordinate the release of accurate information or instructions to the news media, the public and individual requests for information concerning any aspect of the emergency. Municipality of Bayham -- Emergency Response Plan — Revised 2017 25 In order to fulfill these functions during an emergency, the following positions may be established: • Emergency Information Officer • County Citizen Inquiry Representative Depending on the scope of the emergency there may be a need for an emergency information centre near, but not in, the EOC. EMERGENCY INFORMATION OFFICER: The Emergency Information Officer (EIO) will be responsible for: • Establishing a communications link with the Citizen Inquiry Representative, and any other media coordinator(s) (i.e. Provincial, Federal, private industry, etc.) involved in the incident; • The dissemination of information, and planning for news releases at appointed times; • Ensuring all information released to the media and public is consistent and accurate; • Designating and coordinating a Media Information Centre for members of the media to assemble for the issuance of accurate media releases and authoritative instructions to the public; • Briefing the CCG on how the Media Information Centre will be set up; • Liaising regularly with the CCG to obtain the appropriate information for media releases, coordinate individual interviews, and organize press conferences; • Establishing telephone numbers for media inquiries and ensuring that the following are advised accordingly: • Media • CCG • Switchboard for Emergency Services • Municipal Citizen Inquiry Representatives • Any other appropriate persons, agencies, or businesses; • Providing direction and regular updates to the Citizen Inquiry Representative to ensure the most accurate and up-to-date information is disseminated to the public; • Ensuring all information released to the media and public is first approved by the Head of Council; • Monitoring news coverage and correcting any erroneous information. Municipality of Bayham -- Emergency Response Plan — Revised 2017 26 THE CITIZEN INQUIRY REPRESENTATIVE: The Citizen Inquiry Representative will be provided for by the Ontario Works Representative and shall be responsible for: • Establishing a Citizen Inquiry Service, including the appointment of personnel and designation of telephone lines; • Informing the Emergency Information Officer of the establishment of the Citizen Inquiry Service and designated telephone number(s); • Advertising public information phone numbers through the media as quickly as possible, and advising 9-1-1 is not to be used as an inquiry line; • Apprising the affected emergency services and the CCG of the establishment of the Citizen Inquiry Service and designated telephone number(s); • Liaising with the EIO to obtain current information on the emergency; • Responding to, and redirecting inquiries and reports from the public based upon information from the EIO; • Responding to and redirecting inquiries pertaining to the investigation of the emergency, deaths, injuries, or matters of personnel involved with or affected by the emergency to the appropriate emergency service; • Responding to and redirecting inquiries pertaining to persons who may be located in evacuation or reception centres to the registration and inquiry telephone number(s); • Procuring staff to assist as required. PUBLIC INFORMATION & INQUIRY: Depending on availability, information concerning an emergency situation will be communicated to the public through a number of means. These include newspaper, radio, television, public addressing system, telephone, newsletter, and individual visitation. Where appropriate, public meetings will be held to provide information to members of the public concerning an emergency situation. Such meetings will be coordinated and conducted by the CCG. EVACUATION PLANNING In an emergency, it may be necessary for residents to be temporarily evacuated. When such an evacuation is deemed necessary, one or more emergency reception centres may need to be opened in a safe area. The County of Elgin has an agreement with the Thames Valley District School Board, which guarantees their institutions may be used as temporary reception centres in the event of an emergency. Municipality of Bayham -- Emergency Response Plan — Revised 2017 27 RECOVERY PLANNING This plan assigns responsibilities and outlines activities that may be required to bring the municipality back to its pre-emergency state. The plan will be activated (in whole or part) at the direction of the CCG. This will be determined by the nature of the emergency and its aftermath, but will normally occur once the immediate response to the emergency has been completed. PLAN REVIEW, TESTING, AND MAINTENANCE This plan shall be reviewed annually and, where necessary, shall be revised by the Emergency Management Program Committee. Each time the plan is revised, it must be forwarded to Council for approval; however, revisions to an appendix or minor administrative changes can be made without Council approval. The Municipality of Bayham's Emergency Management Program Committee will determine when exercises will be conducted to test the overall effectiveness of the plan and to provide training to the members of the Community Control Group. Municipality of Bayham — Emergency Management Program Committee — Revised 2017 1 Municipalityof Bayham EmergencyManagement Program C By-Law 2017-118 Schedule B November 2017 Municipality of Bayham — Emergency Management Program Committee — Revised 2017 2 DEFINITIONS CAO/Clerk An employee of the Municipality of Bayham appointed as Chief Administrative Officer and Clerk of the Corporation of the Municipality of Bayham, or designated alternate. Community Emergency Management Coordinator (CEMC) An employee of the Municipality of Bayham appointed Community Emergency Management Coordinator of the Corporation of the Municipality of Bayham, or designated alternate. Council The Council of the Corporation of the Municipality of Bayham. Deputy Clerk An employee of the Municipality of Bayham appointed Deputy Clerk of the Corporation of the Municipality of Bayham, or designated alternate. Emergency "emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; ("situation d'urgence") Emergency Management and Civil Protection Act, R.S.O. 1990 Emergency Management Program Committee A management team appointed by Council to oversee the development, implementation and maintenance of the Municipality of Bayham emergency management program. Head of Council The elected Mayor or appointed Acting Mayor of the Municipality of Bayham, or designated alternate. O. Reg. 380/04 A regulation under the Emergency Management and Civil Protection Act, R.S.O. 1990, C. E. 9. Municipality of Bayham — Emergency Management Program Committee — Revised 2017 3 INTRODUCTION Emergency Management Program Committee At the heart of Ontario's Emergency Management Doctrine is the movement toward the adoption of emergency management programs based on a risk management approach and including activities in the five core components of emergency management: prevention, mitigation, preparedness, response, and recovery. The aim of these programs is to ensure that a proactive and coordinated approach to managing emergencies is in place to reduce the significant risks faced by Ontario. The implementation of emergency management programs will ultimately save lives and money, protect property, public health and the environment, maintain economic stability, and help assure the continuance of critical infrastructure. This will be accomplished by preventing some emergencies before they occur, lessening the frequency and potential impact of others, and by speeding the recovery process following an event. In short, the end result will be a Province comprised of safe, secure, and disaster resilient communities. Ontario requires provincial ministries and municipalities to develop, implement, and maintain emergency management programs and adopt standards for these programs through regulation. This requirement ensures that a consistent, accountable, and robust system of emergency management is established throughout the province. Emergency management program committee 11. (1) Every municipality shall have an emergency management program committee. O. Reg. 380/04, s. 11 (1). Sl The committee shall be composed of, (a) the municipality's emergency management program coordinator; (b) a senior municipal official appointed by the council; (c) such members of the council, as may be appointed by the council; (d) such municipal employees who are responsible for emergency management functions, as may be appointed by the council; and (e) such other persons as may be appointed by the council. O. Reg. 380/04, s. 11 (2). (3) The persons appointed under clause (2) (e) may only be, (a) officials or employees of any level of government who are involved in emergency management; (b) representatives of organizations outside government who are involved in emergency management; or (c) persons representing industries that may be involved in emergency management. O. Reg. 380/04, s. 11 (3). (4) Council shall appoint one of the members of the committee to be the chair of the committee. O. Reg. 380/04, s. 11 (4). (5) The committee shall advise Council on the development and implementation of the municipality's emergency management program. O. Reg. 380/04, s. 11 (5). Municipality of Bayham — Emergency Management Program Committee — Revised 2017 4 (6) The committee shall conduct an annual review of the municipality's emergency management program and shall make recommendations to Council for its revision if necessary. O. Reg. 380/04, s. 11 (6). Mandate The Emergency Management Program Committee shall be established in accordance with Section 11 of O. Reg. 380/04 under the Emergency Management and Civil Protection Act for the purpose of advising Council on the development and implementation of the municipality's Emergency Management Program. The committee shall oversee the development, implementation and maintenance of the emergency management program in accordance with Regulation 380/04 and Council priorities and to continue to ensure the safety and well-being of citizens. Committee Responsibilities The Committee shall: • Conduct an annual review of the municipality's Emergency Management Program and make recommendations to Council for its revision if necessary. • Monitor and ensure program activities are delivered in accordance with the Act and Regulations. • Support the program in responding and adapting to current and emerging risks that could impact the community. • Share expertise and knowledge to promote emergency preparedness and public safety. • Review and make recommendations on the Municipality's Emergency Response Plans. • Review and make recommendation on program initiatives. • Review and make recommendations on the Municipality's business continuity planning initiatives. • Advise Council on the development and implementation of the municipality's Emergency Management Program. Committee Composition The Committee shall consist of: • The Community Emergency Management Coordinator (CEMC) • The CAO/Clerk • The Deputy Clerk • The Chair of the Committee shall be the CEMC Municipality of Bayham — Emergency Information Officer— Revised 2017 1 Municipality of Bayham EmergencyInformation Officer By-Law 2017-118 Schedule C November 2017 Municipality of Bayham — Emergency Information Officer— Revised 2017 2 DEFINITIONS CAO/Clerk An employee of the Municipality of Bayham appointed as Chief Administrative Officer and Clerk of the Corporation of the Municipality of Bayham, or designated alternate. Citizen Inquiry Representative A person designated by Elgin County Ontario Works Agency responsible for establishing a Citizen Inquiry Service. Community Control Group (CCG) A designated group of individuals mandated to address the ongoing, or potentially expanding threat to the broader community, including health, safety and well being of persons; property and infrastructure; essential services; the environment; local economy, and to instill a level of confidence to the public. Community Emergency Management Coordinator (CEMC) An employee of the Municipality of Bayham appointed Community Emergency Management Coordinator of the Corporation of the Municipality of Bayham, or designated alternate. Deputy Clerk An employee of the Municipality of Bayham appointed Deputy Clerk of the Corporation of the Municipality of Bayham, or designated alternate. Emergency "Emergency" means a situation or an impending situation that constitutes a danger of major proportions that could result in serious harm to persons or substantial damage to property and that is caused by the forces of nature, a disease or other health risk, an accident or an act whether intentional or otherwise; ("situation d'urgence") Emergency Management and Civil Protection Act, R.S.O. 1990 Emergency Area A geographic area within which an emergency has occurred or is about to occur, and which has been identified, delineated and designated to receive emergency response actions. Emergency Information Officer (EIO) The Emergency Information Officer (EIO), appointed by the Municipality and responsible for coordinating the dissemination of information to the media, broader community and stakeholders. Emergency Management Program Committee A management team appointed by Council to oversee the development, implementation and maintenance of the Municipality of Bayham emergency management program. Emergency Operations Centre (EOC) A facility where the Community Control Group assembles to manage an emergency. Evacuation Centre A facility to provide shelter, food and other services to a group of people who have been evacuated from an emergency area. Council The Council of the Corporation of the Municipality of Bayham. Municipality of Bayham — Emergency Information Officer— Revised 2017 3 Media Information Centre A facility or location near, but not in, the Emergency Operations Centre where the media may assemble for media releases and press conferences. Ontario Works Representative The County of Elgin/City of St. Thomas Director of Ontario Works or designated alternate. O. Reg. 380/04 A regulation under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E. 9. Reception Centre A reception centre is a facility usually located outside the emergency area and provides a place where evacuees can go to register, receive assistance for basic needs, information and referral to an evacuation center if required. Municipality of Bayham — Emergency Information Officer— Revised 2017 4 INTRODUCTION Emergency Information Officer The Emergency Information Officer (EIO) is responsible for the development and release of emergency information regarding the incident to the public. It is important to coordinate the release of accurate information or instructions to the news media, the public and individual requests for information concerning any aspect of the emergency. During a Complex Incident, assistants may be assigned to the EIO. The EIO position may be incorporated at various levels of Command. O. Reg. 380/04 section 14.(1) states every municipality shall designate an employee of the municipality as its Emergency Information Officer. O. Reg. 380/04 section 14.(2) states the Emergency Information Officer shall act as the primary media and public contact for the municipality in an emergency. The Municipality of Bayham designates the CAO/Clerk as the EIO. Responsibilities of the EIO may include, but not be limited to: • Advising Command on issues related to media/public emergency information dissemination and media relations. • Ensuring there is a primary contact for anyone who wants emergency information about the incident and the response to it. • Coordinating with emergency information staff from other organizations or levels of response to ensure that clear and consistent emergency information is issued • Consulting with Command and Planning regarding any constraints on the release of emergency information to the media and public • Obtaining emergency information from the community, the media, and others (e.g. psycho- social centers supporting both responders and the public), and providing that emergency information to the Planning Section Chief (PSC) and Command, as appropriate • Establishing an Emergency Information Centre (EIC) or media area away from incident operations and a safe distance away from any hazard for members of the media to assemble for the issuance of accurate media releases and authoritative instructions to the public; • Establishing key messages for spokespersons and media products • Broadcasting emergency information and instruction to the public, if requested/required (e.g. evacuation or shelter orders) • Arranging media tours of incident sites and incident facilities (where feasible), media interviews with spokespersons and technical experts, and a media inquiry hotline • Establishing a public inquiry hotline Municipality of Bayham — Emergency Information Officer— Revised 2017 5 • Establishing telephone numbers for media inquiries and ensuring that the following are advised accordingly: • Media • CCG • Switchboard for Emergency Services • Municipal Citizen Inquiry Representatives • Any other appropriate persons, agencies, or businesses; • Providing direction and regular updates to the Citizen Inquiry Representative to ensure the most accurate and up-to-date information is disseminated to the public; • Media monitoring, to counteract rumors or misinformation • Being spokesperson in the early stages of an incident or emergency until designated spokespersons are identified It is important that the ElO and designated spokespersons develop and maintain a relationship with the media that is built on trust and credibility. The ElO should be knowledgeable of the type of incident being managed. Larger or more complex incidents may require the establishment of an Emergency Information Centre (EIC). This is a facility with appropriate infrastructure (e.g. electricity, telephones, and computers), where many of the functions listed above can take place. Where more than one organization has a direct responsibility for issuing emergency information, a Joint Information Centre may be needed. PUBLIC INFORMATION & INQUIRY: Depending on availability, information concerning an emergency situation will be communicated to the public through a number of means. These include newspaper, radio, television, public addressing system, telephone, newsletter, and individual visitation. Where appropriate, public meetings will be held to provide information to members of the public concerning an emergency situation. Such meetings will be coordinated and conducted by the EIO. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-056 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND THE VIENNA LIONS CLUB WHEREAS the Council of The Corporation of the Municipality of Bayham is desirous of entering into an agreement with The Vienna Lions Club regarding use of the Concession Booth located in Vienna Memorial Park 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 Vienna Lions Club 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 1st DAY OF JUNE 2017. MAYOR � �r► THIS AGREEMENT DATED THE 1st DAY OF JUNE, 2017 BETWEEN: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the "Municipality") -and - THE VIENNA LIONS CLUB (hereinafter referred to as the "Licensee") WHEREAS the Municipality is the Owner of the Concession Booth located in Vienna Memorial Park; AND WHEREAS the Licensee is desirous of utilizing the Concession Booth located in Vienna Memorial Park to facilitate storage of goods and concession booth services for non-profit and/or community events and/or programs; NOW THEREFORE THE PARTIES AGREE that in consideration of the covenants and conditions herein contained and other good and valuable consideration, the parties hereby covenant, promise and agree with each other as follows: Section 1 — Definitions For the purposes of this Agreement, 1.1 "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 "Licensee" shall mean the Vienna Lions Club; 1.3 "Municipality" shall mean the Corporation of the Municipality of Bayham; Section 2 - Conditions 2.1 The Licensee herein acknowledges and agrees that they are bound in all respects by the provisions of this Agreement and hereby adopt all provisions of this Agreement. 2.2 The Licensee agrees and expressly confirms that the Municipality has conferred upon the Licensee certain non-exclusive license rights to use the Concession Booth, as defined in Appendix'A' attached hereto, in connection, and solely in accordance,with the terms of this Agreement and the Licensee has no leasehold and/or tenancy and/or other interests or rights of any nature or kind whatsoever in any real property of the Municipality in connection with the execution, delivery and/or performance of this Agreement. 2.3 The Licensee is the owner of the furnishings within the Concession Booth including approximate numbers as follows: i. Thirty (30) wooden chairs; ii. Thirteen (13) brown cloth chairs; iii. Seven (7) plastic stacking chairs; iv. Four (4) plywood four foot tables v. Three (3) eight foot table tops for between vi. Two (2) eight foot folding tables (plywood) 2.4 The Licensee understands and accepts the Vienna Memorial Park utility panel is located within the Concession Booth and persons will access the Concession Booth to access the utility panel. 2.5 During the Term and any renewals thereof, the Licensee shall not make any cosmetic alternations (i.e. paint, carpet, tile, etc.) or structural alterations to the Concession Booth without the prior written approval of the Municipality. 2.6 The Municipality covenants that it shall provide, pay for and maintain at its sole expense for the entirety of the Term and any renewals thereof, all utilities existing at the date of execution of this agreement to the Concession Booth. 2.7 The Municipality covenants that for the entirety of the Term and any renewals thereof, the Municipality shall pay all municipal taxes attributable to the Concession Booth and the balance of the Property. Section 3 - Indemnity 3.1 The Licensee releases, waives and forever discharges the Municipality and its agents, officials, servants, contractors, representatives, elected and appointed officials, successors and assigns (collectively, the "Related Parties"), of and from all claims, demands, damages, costs, expenses, actions and causes of action, whether in law or equity, in respect of death, injury, loss or damage to the person or any property of the Licensee however caused, arising or to arise by reason of the permission granted pursuant to this Agreement. Section 4 - Insurance 4.1 The Licensee shall obtain and maintain public liability insurance,with the Municipality named as an additional insured, during the term of this Agreement in the amount of Two Million Dollars ($2,000,000.00). 4.2 The Licensee shall supply the Municipality with a certificate confirming that such insurance is in force upon execution of this Agreement and from time to time as required by the Municipality. The policy will provide that it is not cancellable unless prior notice by registered mail has been received by the Municipality from the insurer not less than thirty (30) days prior to the cancellation date. Section 5 -Term 5.1 The Term of this licence shall be from June 1, 2017 to June 1, 2027. i. The Term may auto renew for additional ten (10) year terms if both parties agree to the renewal in writing thirty (30) days prior to the Term expiration date. Section 6 -Termination 6.1 The Licensee 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. 6.2 If the Licensee neglects or fails to carry out or to comply with any of the terms, covenants, undertakings or conditions of this Agreement, the Municipality may, after having given written notice to the Licensee of such default,terminate this Agreement by giving thirty(30) days notice in writing to the Licensee and this Agreement shall be deemed to be terminated on the day specified in the notice. 6.3 The Municipality may terminate this Agreement for any reason at the sole discretion of the Municipality by giving one hundred and sixty (160) days notice in writing to the Licensee and this Agreement shall be deemed to be terminated on the day specified in the notice. Section 7 — Notice 7.1 All notices, consents, approvals or other communications permitted or required to be given under this Agreement (collectively "Notices") shall be in writing, shall not be unreasonably withheld or delayed unless otherwise specifically provided for in this Agreement, and shall be personally delivered; or sent by prepaid registered mail to the applicable address set out below: (a) in the case of the Municipality : Attention: CAO/Clerk Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville, ON N5R 6K9 (b) in the case of the Licensee: The Vienna Lions Club do William Gheysen 51 Centre Street Vienna, ON NOJ 1Z0 7.2 Service by mail shall be deemed effective the third day after mailing and service by fax shall be deemed upon sending by fax. Each party shall ensure that the other party is notified in writing immediately of any changes in the contact information above. Section 8 —Agreement Definition 8.1 No amendment of this Agreement shall be deemed valid unless effected by a written amendment signed by both parties and no waiver of rights of any kind under this Agreement shall be effective unless in writing by the party for whom they are a benefit. 8.2 This Agreement constitutes the entire Agreement between the parties to this Agreement and supersedes any prior Agreements and understandings, oral or written. Section 9 -Successors and Assigns 9.1 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and assigns. 9.2 This license shall not be assigned or transferred in any way by the Licensee without the approval and consent thereto, in writing, of the Municipality. Section 10 - Counterparts 10.1 This Agreement may be simultaneously executed in several counterparts, each of which when so executed shall be deemed to be an original and such counterparts together shall constitute but one and the same instrument. Section 11 - Interpretation 11.1 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. IN WITNESS WHEREOF the parties have duly executed this Agreement this 1St day of June, 2017. SIGNED, SEALED AND DELIVERED ) THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Authorized to be executed by ) By-law 2017-056, passed on the ) 1St day of June, 2017. ) ) PAUL ENS ) MAYOR ) PAUL SHIPWAY CAOICLERK SIGNATURE OF WITNESS ) Authorized Signing Officer ) SIGNATURE OF WITNESS ) Authorized Signing Officer THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-119 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD DECEMBER 7, 2017 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 7, 2017 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 7th DAY OF DECEMBER, 2017. MAYOR CLERK