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HomeMy WebLinkAboutJanuary 04, 2018 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 4, 2018 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 21, 2017 B. Public Meeting held December 21, 2017 Zoning Application Southwick C. Public Meeting held December 21, 2017 Zoning Application 0830513 BC Ltd. 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 2018 Council Agenda January 4, 2018 10.2 Reports to Council A. Report DS-01/18 by Bill Knifton, Chief Building Official | Drainage Superintendent re Petition for Drainage 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Municipal Affairs / Ministry of Government and Consumer Services re Bill 59 Update B. MPAC re 2017 Year-End Assessment Report for the 2018 Tax Year C. Ernie Hardeman, MPP re Ontario PC Platform 11.1.2 Requiring Action A. Royal Canadian Legion Ontario Command re Military Service Recognition Book 11.2 Reports to Council A. Report TR-02/18 by Lorne James, Treasurer re Interim Tax Levy and Borrowing By-laws B. Report CAO-01/18 by Paul Shipway, CAO | Clerk re RFT 17-07 Bridge No. 6 (Tunnel Line Bridge) C. Report CAO-02/18 by Paul Shipway, CAO | Clerk re Rates & Fees Assessment 12. BY-LAWS A. By-Law 2018-001 Being a By-law to provide for an interim tax levy (This by-law follows the recommendation made in Report TR-02/18 by Lorne James, Treasurer during the regular meeting of January 4, 2018) B. By-Law 2018-002 Being a By-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2018 (This by-law follows the recommendation made in Report TR-02/18 by Lorne James, Treasurer during the regular meeting of January 4, 2018) C. By-Law 2018-005 Being a By-law to govern the proceedings of the Council of the Municipality of Bayham, and of its committees and the conduct of its members (This by-law follows the recommendation made in Report CAO-83/17 by Paul Shipway, CAO | Clerk during the regular meeting of December 21, 2017) D. By-Law 2018-006 Being a By-law to appoint board and committee members E. By-Law 2018-007 Being a By-law to repeal By-Law 2016-106, being by-law to appoint Municipal officers and employees for the Municipality of Bayham 2018 Council Agenda January 4, 2018 F. By-Law 2018-008 Being a By-law to authorize the execution of a road maintenance agreement between the Municipality of Bayham and the County of Elgin G. By-Law 2018-009 Being a By-law to authorize the execution of a lease agreement between The Corporation of the Municipality of Bayham and Medavie EMS Elgin Ontario Inc. H. By-Law 2018-010 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Theo Vandenberk Construction Inc. (This by-law follows the recommendation made in Report CAO-01/18 by Paul Shipway, CAO | Clerk during the regular meeting of January 4, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2018-011 Being a By-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 21, 2017 Application A - Southwick PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS SIGNED IN ATTENDEES: David Roe 1. CALLTO ORDER Mayor Ens called the public meeting to order for Application A – Southwick at 7:30 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Deputy Mayor Southwick declared a conflict as he is an owner of the subject property. Deputy Mayor Southwick vacated his chair during this Public Meeting and did not take part in debate or the vote on the item. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by Eva and Tom Southwick 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. 2017 Planning Meeting Minutes December 21, 2017 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 5. PUBLIC PARTICIPATION David Roe, Agent on behalf of the applicant provided an overview of the application. Mr. Roe advised the mobile home unit must meet all building requirements and the application complies with the Provincial Policy Statement as well as County and Municipal Official Plans. 6. CORRESPONDENCE No correspondence was received. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the Zoning By-law be considered at the meeting scheduled for January 18, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application A – Southwick is now complete at 7:35 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING DRAFT MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, December 21, 2017 Application B - 0830513 BC Ltd. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO | CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS SIGNED IN ATTENDEES: David Roe 1. CALLTO ORDER Mayor Ens called the public meeting to order for Application B – 0830513 at 7:36 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT A. Application submitted by 0830513 BC Ltd. 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. 2017 Planning Meeting Minutes December 21, 2017 5. PUBLIC PARTICIPATION David Roe, Agent for the applicant provided an overview of the application which will meet a condition of consent and will prohibit future development or livestock. Mr. Roe commented on the extent to which the property has been cleaned up. 6. CORRESPONDENCE No correspondence was received. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Zoning By-law be considered at the meeting scheduled for January 18, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Application B – 0830513 BC Ltd. is now complete at 7:40 p.m. CARRIED MAYOR CLERK Ministry of Municipal Affairs Office of the Minister 777 Bay Street, 17th Floor Toronto ON M5G 2E5 Tel.: 416 585-7000 Fax: 416 585-6470 Ministère des Affaires municipales Bureau du ministre 777, rue Bay, 17e étage Toronto ON M5G 2E5 Tél. : 416 585-7000 Téléc. : 416 585-6470 Ministry of Government and Consumer Services Office of the Minister 6th Floor, Mowat Block 900 Bay Street Toronto, ON M7A 1L2 Tel.: 416-212-2665 Fax: 416-326-1947 Ministère des Services gouvernementaux et des Services aux consommateurs Bureau du ministre 6e étage, Edifice Mowat 900, rue Bay Toronto, ON M7A 1L2 Tél. : 416 212-2665 Téléc.: 416 326-1947 MGCS3766MC-2017-797 December 15, 2017 Dear Heads of Municipal Councils: We are pleased to provide an update on Bill 59, Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017. Bill 59 made amendments to the City of Toronto Act, 2006 and the Municipal Act, 2001. Upon proclamation, these amendments will allow local municipalities to regulate the location and number of payday loan establishments. We would like to inform you that the government has proclaimed these sections into force effective January 1, 2018. During consultations to inform the development of Bill 59, the government heard from municipalities that there was interest in an expanded municipal authority to regulate payday lenders. As a government we have listened. We thank municipal leaders for your contributions to protecting consumers and your communities. Additional regulatory changes to strengthen protection for consumers using payday loans and cheque-cashing services will come into force on July 1, 2018 and include the following: • It will be mandatory for payday lenders to provide borrowers with an extended payment plan if borrowers take out three or more loans with the same lender within a 63-day period. • Payday lenders can only lend up to 50 per cent of a borrower’s net pay per loan. • The cost of borrowing a payday loan must be disclosed as an annual percentage rate in advertisements and agreements. • The maximum fee for cashing government-issued cheques will be capped at $2 plus one per cent of the face value of the cheque, or $10, whichever is less. • It will be mandatory for cheque cashing service providers to provide a receipt when cashing government-issued cheques. …/2 -2- If you have any questions about the amendments, you may contact Ann Misetich, Manager of Consumer and Business Policy via email at Ann.Misetich@ontario.ca or by telephone at 416-326-8868. Thank you for your continued support of strengthening financial protection for consumers in Ontario’s communities. We look forward to continuing to work with you on this important initiative in the future. Sincerely, Tracy MacCharles Bill Mauro Minister of Government and Consumer Services Minister of Municipal Affairs c: Municipal Clerks/CAOs 1340 Pickering Parkway, Suite 101, Pickering, ON L1V 0C4 www.mpac.ca December 19, 2017 To: Chief Administrative Officers Chief Financial Officers, Treasurers and Tax Collectors, and Municipal Clerks From: Carla Y. Nell, Vice-President Municipal and Stakeholder Relations Subject: 2017 Year-End Assessment Report for the 2018 Tax Year This fall, the Municipal Property Assessment Corporation (MPAC) mailed nearly 900,000 Property Assessment Notices to property owners across Ontario to reflect changes in assessment that have taken place over the last year. We also have recently delivered to Municipalities the Assessment Roll for the 2018 property tax year. Our commitment to enhancing stakeholder relationships has never been stronger, and under our new strategy, we will continue to formalize a customer relationship strategy based on shared responsibility, mutual understanding and trust. We have developed the enclosed 2017 Year-End Assessment Report for the 2018 Tax Year for municipal administration and elected officials to provide an Executive Summary of the work performed by MPAC in 2017, which includes municipal level snapshots of the property class changes unique to your area. A copy of this report will also be provided to Municipal Clerks for submission to municipal councils in the new year. In the interim, I encourage you to review the report and share your comments or any questions with your local Municipal and Stakeholder Relations team. Yours truly, Carla Y. Nell Vice-President, Municipal and Stakeholder Relations cc: Regional and Account Managers 2017 Year-End Assessment Report for the 2018 Tax Year December 2017 The Municipal Property Assessment Corporation (MPAC) is an independent, not-for-profit corporation funded by all Ontario municipalities, accountable to the Province, municipalities and property taxpayers through its 13-member Board of Directors. MPAC’s role is to assess and classify all properties in Ontario in compliance with the Assessment Act and regulations set by the Government of Ontario. Province-wide Assessment Updates occur every four years and assessment increases are phased-in as part of the four-year cycle. MPAC’s province-wide Assessment Updates of property values have met international standards of accuracy. With more than 1,700 employees in offices across Ontario, we are committed to delivering property assessment excellence, providing outstanding service and earning the trust of property taxpayers as well as municipal and provincial stakeholders. Learn more at: mpac.ca aboutmyproperty.ca 2012 2013-2016 Tax Years January 1, 2012 (valuation date) 2016 2017-2020 Tax Years January 1, 2016 (valuation date) 2020 2021-2024 Tax Years January 1, 2020 (valuation date) 2017 Year-End Assessment Report for the 2018 Tax Year 2017 Year-End Assessment Report for the 2018 Tax Year Table of Contents Introduction ............................................................2 Property Assessment Notice Mailing ..........................2 Data Quality Reviews ................................................3 Assessment Growth .................................................3 Request for Reconsideration & Appeals ......................4 Ongoing Review of Key Property Sectors ....................6 Conclusion ..............................................................7 22017 Year-End Assessment Report for the 2018 Tax Year Introduction Last year, as part of the 2016 Assessment Update, MPAC mailed a Property Assessment Notice to every property owner in the province, providing assessments to Ontario’s more than 5 million properties with a total assessed value of $2.4 trillion. As part of our ongoing efforts to ensure assessment accuracy and to increase Roll stability, we are pleased to provide our municipal stakeholders with a snapshot of the key activities undertaken in 2017 to support the delivery of the annual Assessment Roll for the 2018 property tax year and assist municipalities with their 2018 budget and tax planning. In particular, this report provides an update on the areas that were of key operational focus for MPAC over the course of 2017, including: • Property Assessment Notice Mailing • Data Quality Reviews • Assessment Growth • Requests for Reconsideration and Appeals • Ongoing Reviews of Property Sectors Also attached to this report are two municipal level assessment snapshots unique to your area. The first provides the updated 2016 destination Current Value Assessment (CVA) and a comparison of the 2017 and 2018 phased-in assessments. The second is a comparison of the distribution of the total 2017 and 2018 phased-in assessments, which includes the percentage of the total assessment base by property class. Property Assessment Notice Mailing This year marked the second year of MPAC’s current four-year assessment cycle and, at MPAC, we take our responsibility to provide quality, traceable property assessments seriously. We know how important it is to our stakeholders that we delivery quality Assessment Rolls each year. MPAC is legislatively responsible for updating property information even in a year when a province-wide Assessment Update is not taking place. This year, MPAC has delivered nearly 900,000 Property Assessment Notices for the 2018 tax year to property owners across Ontario to reflect changes in ownership, value, classification and/or school support. 32017 Year-End Assessment Report for the 2018 Tax Year Data Quality Reviews Having accurate and timely data is a critical part of the assessment process. As part of our quality management practices, our valuation experts complete regular data validations and quality control process checks throughout the year. These validations performed alongside a series of robust quality assurance measures allows for the successful production of Assessment Rolls to municipalities. For example, quality checks are completed to ensure any potential errors within the Year-End Tax File, such as inaccurate addresses, invalid/incompatible characters and school support rounding issues, are identified and resolved prior to releasing the Year-End Tax File. Our valuation experts carefully review assessments and property classification changes on a routine basis to make certain information is both current and accurate. This level of scrutiny provides confidence that the information in our assessment database is reliable and permits our assessors to respond to any in-cycle changes to valuation or other property changes in an efficient manner. In addition, MPAC utilizes information, including building permits, vacancy applications, tax applications, etc., that we receive from our municipal stakeholders, in an effort to ensure the accuracy and quality of every Assessment Roll delivered. Assessment Growth Understanding the importance of new assessment growth as a key source of revenue for municipalities, MPAC strives to deliver value to stakeholders through timely reporting of new assessment forecasts and capturing new assessment growth. This practice is consistent with the key principle of fairness in taxation for all property owners and taxing authorities. MPAC regularly receives and processes information from a number of sources, including building permits, and we have streamlined our processes so that growth is captured in a timely manner. In 2017, MPAC delivered more than $37 billion in taxable assessment growth to municipalities across the province and have processed more than 85% of this growth within one year of occupancy. At the end of the third quarter (as of September 30, 2017), MPAC had processed: • 34,000 building permits • 113 subdivision plans • $2 billion in condominium growth • 4,000 tax applications • 2,000 Vacant Unit Rebate applications 42017 Year-End Assessment Report for the 2018 Tax Year Going forward, through the implementation of our Service Level Agreement for 2018 and beyond, MPAC has committed to delivering preliminary and quarterly forecasting reports to municipalities predicting new assessment growth, which will increase our ability to ensure Roll predictability. $4.94B $8.57B $6.83B $9.39B $3.16B $3.77B $679M $37B added in new assessment to municipal Assessment Rolls in 2017 Requests for Reconsideration and Appeals Another important in-cycle activity is to respond to and process assessment changes, which are primarily the result of Requests for Reconsideration (RfR) and Assessment Review Board (ARB) appeals. This information is reflected through in-cycle maintenance as part of our commitment to maintain and deliver accurate Assessment Rolls. From January 1 to November 30, 2017, MPAC completed a total of 70,162 RfRs. This reflects 46,093 residential, 7,218 farm and 16,007 business properties, representing less than 1.5% of Ontario’s properties. 52017 Year-End Assessment Report for the 2018 Tax Year Across Ontario, on average, 49% of RfRs resulted in a change to the assessment. The average change among these properties was about 14%. The primary reasons for changes include: local market or equity adjustments, changes to reflect updates made to structure property information in our database, as well as other site variables. As part of our work in support of the 2016 Province-wide Assessment Update, MPAC focused on strengthening our RfR process to enable property owners and MPAC to resolve more issues at the RfR stage and, in the process, reduce the number of issues that go to an ARB appeal. The RfR process is a free review of a property owner’s assessment concern, and is a prerequisite for residential, farm and managed forest property owners before filing an appeal with the ARB. As of October 31, 2017, only 4.3% (2,980) ARB appeals were filed for properties where a RfR has been completed. Overall, appeals have decreased by 44% compared to the last reassessment. In 2018, MPAC will continue to support and respond to the ARB commitment to improve the appeal process including a strategy to eliminate backlogs and complete appeals within the assessment cycle. The importance of a stable and predictable assessment base is central to MPAC and these areas of focus, in particular the work being undertaken to support the ARB appeal process, are a reflection of our shared commitment to our stakeholders. 16,372 11,372 6,961 10,020 5,849 12,629 6,959 TOTAL 70,162* 70,162* Requests for Reconsideration completed in 2017 *as of November 30, 2017 62017 Year-End Assessment Report for the 2018 Tax Year Ongoing Review of Key Property Sectors As part of our ongoing work to maintain Ontario Assessment Rolls, MPAC regularly conducts reviews of properties – both individually and at the sector level. MPAC analyzes information and data that is collected through ongoing meetings with municipal stakeholders, property owners and representatives to discuss reviews and appeals, as well as other developments. Proactively, MPAC also evaluates changing market conditions and economic trends to determine if any potential valuation impacts exist. MPAC completes regular reviews of our property inventory to ensure assessments are up to date and reflective of each properties’ current state, in keeping with our legislative mandate. Reviews of this nature are part of our standard operation. Canada’s retail environment is a prime example of one property sector experiencing change as a result of an evolving economic landscape. Some of the challenges facing Ontario and the rest of North America include: • The closure of major banner retailers • The entry of new, high-end international retailers into the Canadian marketplace • Changing shopping patterns of Canadian consumers • Increased use of online shopping • A substantial number of appeals filed by owners/operators impacting assessment bases across the province As a result of changes in the market, the value of big box stores, logistics sector properties, and shopping centres has been affected, which in turn must be reflected in assessed values established by MPAC. In some cases, properties have experienced increases in their assessed values, while in other cases values have decreased. Many of these property types have experienced a change in their assessed value on the Roll returned for 2018 taxation. Looking Ahead MPAC appreciates the impact that changes to the retail sector, and other sectors may have on municipalities across the province and, as a result, we continue to work to provide regular updates to all our stakeholders and respond to questions and concerns. Our valuation experts continue to monitor the Ontario marketplace and review changes that are announced including the recent closure of Sears in October 2017. Similar to Target’s departure from the Canadian market, this change may have a significant impact on assessments. MPAC is undertaking a fulsome analysis of this development over the next few months and our Municipal and Stakeholder Relations team will be engaging with municipalities throughout this process. View MPAC’s latest webinar – Retail Sector Update 72017 Year-End Assessment Report for the 2018 Tax Year Conclusion At the core of our new 2017-2020 Strategic Plan is the theme ‘Valuing What Matters Most’. For municipalities, we value building the customer and stakeholder relationship. This means enhancing the transparency of growth forecasts, processing assessment adjustments in a timely way, ensuring traceability and transparency in our assessment methodology and keeping stakeholders apprised of changes in the market that may impact property values. Through greater collaboration between MPAC and municipalities, we continue to be committed to continuously improve our service to stakeholders and encourage you to share your feedback with us on the delivery of our services. Your local Municipal and Stakeholder Relations team is available to support you with any of our products or services. Please contact your Regional Manager, Account Manager, or Account Support Coordinator if you have any questions or would like more information about this report. APPENDIX 1 Assessment Change Summary by Property Class Municipality of Bayham The following chart provides a comparison of the total assessment for the 2016 base years, as well as a comparison of the assessment change for 2017 and 2018 property tax year by property class. Property Class/Realty Tax Class 2016 Full CVA 2017 Phased-in CVA 2018 Phased-in CVA Percent Change 2017 to 2018 R Residential 538,067,100 497,616,609 511,100,131 2.7% M Multi-Residential 4,773,000 4,626,753 4,675,502 1.1% C Commercial 18,613,100 16,820,634 17,418,123 3.6% X Commercial (New Construction) 3,710,900 3,568,400 3,615,900 1.3% I Industrial 7,490,000 7,031,039 7,184,027 2.2% J Industrial (New Construction) 3,811,500 3,630,750 3,691,000 1.7% P Pipeline 10,743,000 10,015,146 10,257,764 2.4% F Farm 385,270,600 256,510,829 299,430,764 16.7% T Managed Forests 2,612,800 1,599,196 1,937,065 21.1% (PIL) R Residential 9,188,200 8,718,025 8,874,750 1.8% (PIL) C Commercial 10,131,100 9,599,125 9,776,450 1.8% E Exempt 19,039,800 16,013,776 17,022,452 6.3% TOTAL 1,013,451,100 835,750,282 894,983,928 7.1% APPENDIX 2 Assessment Base Distribution Summary by Property Class Municipality of Bayham The following chart provides a comparison of the distribution of the total assessment for the 2016 base year, and the 2017 and 2018 phased-in assessment which includes the percentage of the total assessment base by property class. Property Class/Realty Tax Class 2016 Full CVA Percentage of Total 2016 CVA 2017 Phased-in CVA Percentage of Total 2017 CVA 2018 Phased-in CVA Percentage of Total 2018 CVA R Residential 538,067,100 53.1% 497,616,609 59.5% 511,100,131 57.1% M Multi-Residential 4,773,000 0.5% 4,626,753 0.6% 4,675,502 0.5% C Commercial 18,613,100 1.8% 16,820,634 2.0% 17,418,123 1.9% X Commercial (New Construction) 3,710,900 0.4% 3,568,400 0.4% 3,615,900 0.4% I Industrial 7,490,000 0.7% 7,031,039 0.8% 7,184,027 0.8% J Industrial (New Construction) 3,811,500 0.4% 3,630,750 0.4% 3,691,000 0.4% P Pipeline 10,743,000 1.1% 10,015,146 1.2% 10,257,764 1.1% F Farm 385,270,600 38.0% 256,510,829 30.7% 299,430,764 33.5% T Managed Forests 2,612,800 0.3% 1,599,196 0.2% 1,937,065 0.2% (PIL) R Residential 9,188,200 0.9% 8,718,025 1.0% 8,874,750 1.0% (PIL) C Commercial 10,131,100 1.0% 9,599,125 1.1% 9,776,450 1.1% E Exempt 19,039,800 1.9% 16,013,776 1.9% 17,022,452 1.9% TOTAL 1,013,451,100 100.0% 835,750,282 100.0% 894,983,928 100.0% The Royal Canadian Legion Ontario Command “Military Service Recognition Book” Dear Sir/Madam: Thank you for your interest in The Royal Canadian Legion Ontario Command, representing Ontario’s Veterans. Please accept this written request for your support, as per our recent telephone conversation. The Royal Canadian Legion Ontario Command is very proud to be printing 15,000 copies of our 5th annual “Military Service Recognition Book”, scheduled for release by September 2018. This unique rememberance publication recognizes and honours our Province's Veterans, and helps us fulfill the Legion's role as the "Keepers of Remembrance”. Proceeds raised from this annual appeal are also used to support Veterans Transition Programs to help modern day Veterans that suffer from PTSD and other challenges. The Legion is recognized as one of Canada’s largest Veterans Support Organizations and we are an integral part of the communities we serve. This project helps ensures the Legion’s continued success. We would like to have your organization's support for this Remembrance project by sponsoring an advertisment space in our "Miltary Service Recognition Book." Please find enclosed a rate sheet for your review. Whatever you are able to contribute to this worthwhile endeavor would be greatly appreciated. For further information please contact Ontario Command Campaign Office toll free at 1-855-241-6967. Thank you for your consideration and/or support. Sincerely, Sharon McKeown President Visa/Mastercard Accepted adcopy can be emailed to: oncl@fenety.com 2 The Royal Canadian Legion Ontario Command “Military Service Recognition Book” Advertising Prices Ad Size Cost HST Total Full Colour Outside Back Cover $2,132.74 + $277.26 = $2,410.00 Inside Front/Back Cover (Full Colour) $1,853.98 + $241.02 = $2,095.00 2 Page Spread (Full Colour) $2,964.60 + $385.40 = $3,350.00 Full Page (Full Colour) $1,482.30 + $192.70 = $1,675.00 Full Page 7” X 9.735”$1,110.62 + $144.38 = $1,255.00 ½ Page (Full Colour) $831.86 + $108.14 = $940.00 ½ Page 7” X 4.735” $646.02 + $83.98 = $730.00 ¼ Page (Full Colour) $504.42 + $65.58 = $570.00 ¼ Page 3.375” X 4.735” $415.93 + $54.07 = $470.00 1/10 Page (Full Colour) $300.88 + $39.12 = $340.00 1/10 Page (Business Card) 3.375” X 1.735” $256.64 + $33.36 = $290.00 H.S.T. Registration # 10686 2824 RT0001 All typesetting and layout charges are included in the above prices. A complimentary copy of this year’s publication will be received by all advertisers purchasing space of 1/10 page and up, along with a Certificate of Appreciation from the Ontario Command. PLEASE MAKE CHEQUE PAYABLE TO: The Royal Canadian Legion Ontario Command (RCL ON) (Campaign Office) P O Box 8055, Station T CSC Ottawa, ON K1G 3H6 REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: January 4, 2018 REPORT: CAO-01/18 SUBJECT: RFT 17-07 BRIDGE NO. 6 (TUNNEL LINE BRIDGE) BACKGROUND: The 2018-2027 Approved in Principle Capital Budget contains Capital Item PW-1 Tunnel Line Bridge - $75,000. The project includes the repair and maintenance of Tunnel Line Bridge pursuant to engineer inspections and drawings. DISCUSSION RFT 17-07 was posted from November 30, 2017 – December 19, 2017. The Municipal Engineer sought bids for the following works: 1) Sawcut, remove and dispose of ex. asphalt. 2) Remove and dispose of any delaminated concrete, including sandblasting exposed rebar and placement of new concrete as per spec. 3) Repair of deterioration on South West and North East abutments. 4) Supply and Install steel beam guiderail & channel with extruder end treatments (3) and one beaver tail end treatment as per drawings. 5) Supply and install 76mm of HL4 asphalt finish overlay (two lifts) on deck and on approaches matching into sawcuts. Vendor Bid Weathertech Restorations Services Inc. $87,962.50+HST Gary D. Robinson Contracting Ltd. $117,275.00+HST 2153592 Ontario Ltd o/a Elgin Construction $94,311.89+HST Theo Vandenberk Construction Inc. $83,755.00+HST *All Bids carry a lump sum of $5,000 contingency The Municipal Engineer, Spriet Associates, has reviewed the bids and recommends awarding the project to Theo Vandenberk Construction Inc. RECOMMENDATION 1.THAT Report CAO-01/18 re RFT 17-07 Bridge No. 6 (Tunnel Line Bridge) be received for information; 2.AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a By-law to enter into an Agreement with Theo Vandenberk Construction Inc. in the amount of $83,755+HST for Tunnel Line Bridge works for Council consideration. Respectfully Submitted by: Paul Shipway CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Paul Shipway, CAO|Clerk DATE: January 4, 2018 REPORT: CAO-02/18 SUBJECT: RATES & FEES ASSESSMENT BACKGROUND: On June 1, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT correspondence from Straffordville Hall Foundation regarding Community Facility Rental Rates be received for information; AN D THAT staff be directed to bring forward a report for Council consideration on Straffordville Community Centre Main Hall rate reductions in ten dollar ($10.00) increment models. On June 15, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-40/17 re Straffordville Community Centre Rates & Fees Assessment be received for information; AN D THAT staff be directed to bring back a Straffordville Community Centre Rates & Fees Assessment Report in January 2018. The current Rates & Fees By-law was established as By-law No. 2016-059 on August 18, 2016. The Straffordville Hall Foundation submitted correspondence to Council for consideration, at the June 1, 2017 meeting of Council, which requested that Main Hall Rates at the Straffordville Community Centre (SCC) be lowered from parity versus the rates set at the Vienna Community Centre (VCC) as follows: EXISTING VCC-SCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 PROPOSED SCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $200.00 $26.00 $226.00 Fri & Sat $240.00 $31.20 $271.20 PROPOSED VCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 DISCUSSION The Straffordville Community Centre was utilized historically as follows: Average Annual SCC Rentals 2012-2014 Average Annual Total Rentals 111 Average Annual Fee Waiver Events 79 For comparison the Vienna Community Centre was utilized historically as follows: Average Annual VCC Rentals 2012-2014 Average Annual Total Rentals 86 Average Annual Fee Waiver Events 66 The Straffordville Community Centre and Vienna Community Centre have the following 2017 rental statistics: Total Rentals YTD Community Partner Rentals YTD SHF Use Bayham Use Main Hall Full Rate Other Full Rate VCC 102 59 0 1 15 27 VCC $12,070 $3,490 $0 $0 $4,510 $4,070 SCC (#) 122 48 21 26 7 20 SCC ($) $7,925 $3,840 $0 $0 $1,985 $2,100 1 The Straffordville Community Centre was not rentable for the first quarter of 2017. The cumulative Community Partner Rate ‘Fee Waiver’ is as follows: Community Partner ‘Fee Waiver’ Vienna Community Centre $2,950.00 Straffordville Community Centre $2,600.00 Considering the variables of the 2017 first quarter of the SCC not being rentable, and historic data, for the purpose of fee modeling staff will utilize 100 total rentals/year with 20 main hall full rate rentals, with 10 rentals at each main hall rate for each facility. Monday - Thursday & Sunday Rental Rate 10 Events Rate Reduction Over Current Rate $275 $2,750 $265 $2,650 $100.00 $255 $2,550 $200.00 $245 $2,450 $300.00 $235 $2,350 $400.00 $225 $2,250 $500.00 $215 $2,150 $600.00 $205 $2,050 $700.00 $195 $1,950 $800.00 Friday & Saturday Rental Rate 10 Events Rate Reduction Over Current Rate $330 $3,300 $320 $3,200 $100.00 $310 $3,100 $200.00 $300 $3,000 $300.00 $290 $2,900 $400.00 $280 $2,800 $500.00 $270 $2,700 $600.00 $260 $2,600 $700.00 $250 $2,500 $800.00 $240 $2,400 $900.00 Utilizing the above noted model, modifying the Straffordville Community Centre rate structure would hypothetically have an annual impact of anywhere from $200 - $1,700 depending on the decision of Council, if any. Staff provided the following commentary regarding said proposal in Report CAO 48/16: The Rates & Fees By-law did consider the rates submitted by the Straffordville Community Centre Group in January 2016, however ultimately utilized generally lesser rental values, for the fees to remain consistent and standardized between the two municipal halls. Considering the statistics to date and historic data, rental rates and rental numbers at both facilities are on track to match or exceed historical figures. For additional context staff would respectfully provide the following information: 1)During the Rates & Fees By-law discussion Council gave direction to keep both facilities equal in terms of rates so one facility does not undercut the other facility. Both facilities have advantages and disadvantages thus the by-law sets the rental fees as equal. 2) Council eliminated the ‘Financial Assistance Program’ and moved to the ‘Community Partner Rate Reduction’ model to create a rate structure that attempted to transition towards a ‘User Fee’ model for Community Centre rental. 3)The current Rates & Fees By-law establishes rates which are generally equal to or better than surrounding comparable rentable facilities. 4)The current rate structure contemplates generating approximately $20,000 in rental revenue between the SCC and VCC. The current model, generating roughly the same rental numbers as historically obtained is on pace to generate the same, which is the budgeted, rental revenue. 5)Merging the 2017 rental schedule of the SCC and the VCC reveals only 8 booking conflicts between the two facilities. Altering rates from parity would have a real opportunity to shift rentals to the lower rate facility. As a result of the above information staff would respectfully recommend against altering facility rental rates from parity. Should Council wish to alter the Rates & Fees By-law, direction to amend By-law No. 2016-059 in the following form would be required: AND THAT Council direct staff to bring forward a by-law for Council consideration to amend the ‘Schedule of Rates & Fees’ – Straffordville Community Centre of By-law No. 2016-059 as follows: Schedule of Rates & Fees Rental Rate Fee HST Total Main Hall - Mon - Thurs & Sun Main Hall - Fri & Sat RECOMMENDATION 1.THAT Report CAO-02/18 re Rates & Fees Assessment be received for information; Respectfully Submitted by: Paul Shipway CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-001 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended, provides for an interim levy for 2017 on the assessment of property in the municipality rateable for local municipal purposes, subject to certain restrictions; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable and expedient that such a levy should be made; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. That for the year 2018, the interim tax levying amounts to be levied, raised and collected on all real property taxable within the residential, farmland, pipeline, multi-residential, commercial and industrial classes, and liable to pay the same according to the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of annualised taxes for municipal and school purposes levied on the property for the previous year, that is for the year 2017. 2. The said interim tax levying amounts shall be due and payable in two instalments at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before the following dates: FIRST INSTALMENT February 23, 2018 SECOND INSTALMENT May 25, 2018 Notice of such taxes due shall be sent by first class mail by the Tax Collector to those persons or firms liable for the payment of taxes. 5. That a charge as a penalty of one and one -quarter per cent on the amount of any outstanding taxes levied in 2018 shall be made on the first day of each calendar month thereafter in which default continues, until December 31 st 2018, and any such additional amount shall be levied and collected in the same manner as if it had been originally imposed with and formed part of such levy. 6. That interest of one and one-quarter per cent on the amount of any taxes due and unpaid after December 31, 2018, shall be charged on the first day of each calendar month thereafter in which the default continues. 7. That taxes may be levied, in accordance with the provisions of this by -law on the assessment of property that is added to the assessment roll after this by-law is passed. By-law 2018-001 -2- 8. That the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes under this by-law. 9. That this by-law shall become effective as of the 1st day of January 2018. READ A FIRST AND SECOND TIME this 4th day of January 2018. READ A THIRD TIME AND FINALLY PASSED this 4th day of January 2018. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-002 BEING A BY-LAW TO AUTHORIZE BORROWING FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2018. WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a council by-law to authorize temporary borrowing, until taxes are collected, and until other revenues are received, to meet the current expenditures of the municipality for the year, AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the municipality, except with the approval of the Ontario Municipal Board, is limited by Section 407 of the Municipal Act, 2001. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Borrowing 1) The head of Council and the Treasurer are hereby authorized to Authority borrow from time to time by way of promissory note or bankers’ acceptance during the year 2018 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, and until other revenues are received, the current expenditures of the municipality and the other amounts that are set out in section 407 of the Municipal Act, 2001. Instruments 2) A promissory note or bankers’ acceptance made under Section 1 shall be signed by the head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. Lenders 3) The lenders from whom amounts may be borrowed under authority of this by-law shall be the Royal Bank of Canada and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of the Council. Limit on 4) The total amount which may be borrowed at any one time under Borrowing this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the municipality as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st until December 31st of the current year, 25 percent of the said estimated revenues of the municipality as set forth in the estimates adopted for that year. For purposes of this by-law, the estimated revenues of the municipality shall not include revenues derivable or derived from B/L 2018-002 -2- (a) borrowings or issues of debentures, or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve funds or reserves. Borrowing 5) The Treasurer shall, at the time when any amount is borrowed Documents under this by-law, ensure that the lender is or has been furnished Required with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable and a copy of the estimates of the corporation adopted for the current year and also showing the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act, 2001 that have not been repaid. When 6) If the estimates for the current year have not been adopted at the Estimates Not time an amount is borrowed under this by-law. Adopted (a) the limitation on total borrowing shall be calculated for the time being upon the estimated revenues of the municipality as set forth in the estimates adopted for the previous year. The 2017 estimated amount of revenues applicable to the limitation on total borrowing is $11.1m. Charge on 7) All or any sums borrowed under this by-law shall, with interest Revenues thereon, be a charge upon the whole of the revenues of the municipality for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Directive to 8) The Treasurer is hereby authorized and directed to apply in Treasurer payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Effective Date 9) This by-law shall come into full force and effect upon date of passing. Read a first, second and third time and finally passed this 4th day of January 2018. MAYOR CLERK RULES OF PROCEDURE FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AS ADOPTED BY BY-LAW NO. 2018-005 TABLE OF CONTENTS – PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AN D INTERPRETATION 2 GENERAL PROVISIONS 3 DUTIES OF COUNCIL 4 MEETINGS 5 AGENDAS AN D MINUTES 6 ORDER OF PROCEEDINGS-COUNCIL 7 ORDER OF PROCEEDINGS-PUBLIC MEETING 8 DELEGATIONS 9 RULES OF DEBATE AND CONDUCT 10 MOTIONS 11 VOTING ON MOTIONS 12 CONDUCT OF AUDIENCE 13 ADMINISTRATION BY-LAW NO. 2018-005 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings; AN D WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows: Section 1 – DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 “Acting Head of Council” shall mean the Deputy Mayor when the Mayor is absent or refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to ac t or the offices of the Mayor and Deputy Mayor are vacant, the member of Council who is appointed by Council to act from time to time in the plac e and stead of the Mayor and who shall exercise all of the rights, power s and authority of the Head of Council while so acting. 1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed by Council. 1.1.3 “Advisory Committee” shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality of Bayham. 1.1.5 “Chair” in the case of the Council shall mean the Mayor, D eputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and Deputy Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By -law. In the case of the a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision Hearing as provided for in this Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee, Chair means the Member appointed as such by the Committee. 1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the Deputy Clerk and any official of the Municipality a ppointed by Council to exercise the power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk. 1.1.7 “Committee” shall mean a committee of Council and includes Standing Committees, or sub-committees of the Standing Committees. 1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of Adjustment pursuant to the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended. 1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham. 1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the position and who, in the absence of the Mayor, shall exercise the power s and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001, c.25 as amended. 1.1.15 “Mayor” shall mean the Head of Council for the Municipality. 1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing. 1.1.17 “Member” shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor. 1.1.18 “Motion” shall mean a question or proposal to be considered by Council and which is moved and seconded and is subject to debate. When a Motion is adopted, it becomes a Resolution. 1.1.19 “Municipal Act” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time. 1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham. 1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general interest and made available to the public. 1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may be amended. 1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended. 1.1.24 “Point of Order” shall mean a statement made by a Member during a Meeting drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure. 1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of Council or staff as a whole have been impugned. 1.1.26 “Presiding Member” shall mean the Mayor or Acting Mayor or Chair of the Meeting. 1.1.27 “Quorum” shall be as defined in Section 4.9 herein. 1.1.28 “Recorded Vote” shall mean the written record of the name and vot e of every Member present when the vote is called on any matter or question during a Meeting of Council. 1.1.29 “Resolution” shall mean a formal expression of opinion or intention by Council. 1.1.30 “Rules of Procedure” shall mean the rules and requirements contained within this Procedural By-law. 1.1.31 “Vice Chair” shall mean s uch Member of a Committee who has been appointed to act in the place and stead of the Committee Chair when such Chair is absent from a meeting of the Committee for any cause and who shall exercis e all the rights, power and authorities of the Chair. 1.1.32 “Website” shall mean the Municipality of Bayham website address identified as www.bayham.on.ca 1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice- versa, as the context requires. Section 2 - GENERAL PROVISIONS 2.1 Applicability 2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Me etings and shall be the rules and requirements which govern the order of their business. 2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting: a) rules about a change to the order of procedure in the Agenda content; b) rules about delegation status; c) rules about the increase or decrease of delegation speaking time and debate limitations. 2.3 Issue not Addressed 2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council. 2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert’s Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones 2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with the approval of Council. 2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience wishing to speak to Council. 2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location where any Council Meeting is being held. Section 3 - DUTIES OF COUNCI L 3.1 Duties of the Mayor 3.1.1 It shall be the duty of t he Mayor, or acting Head of Council, to carry out the responsibilities of a head of council set forth in the Municipal Act, in addition to the following responsibilities: a) to open the Meeting of Council by taking the Chair and calling the Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-law, all motions presented by Members; d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or necessarily arise in the course of the proceedings and to announce the results; f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among the Members; i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting and, if necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes; l) to rule on any points of order raised by Members of Council; m) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things; n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time to be named. 3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory Committees and Municipal Service Boards. 3.2 Duties of the Deputy Mayor 3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives notice to the County Clerk that he will be absent, or of his absence through illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council. 3.3 Participation of Chair in Debate 3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the Chair’s position on any matter before Council without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate without first leaving the chair. 3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the Mayor resumes the chair. 3.4 Duties of the Members of Council 3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the Municipal Act, in addition to the following responsibilities: a) to deliberate on the business submitted to Council; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law; c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and assume the duties of the Mayor as detailed in Section 3.1.1; and e) to apply and respect the Rules of Procedure. 3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as Schedule “A” to this Procedural By-law, as adopted by Council and as amended from time to time. Section 4 - MEETINGS 4.1 Place of Meeting 4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in the Council Chambers of the Municipal Office at 56169 Heritage Line, Straffordville, Ontario. 4.2 Inaugural Meeting 4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal election is held, at a time determined by the Head of Council-Elect and the CAO|Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other day and time as may be determined from time to time by resolution of Council. 4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office. 4.4 Special Meetings 4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting. 4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least twenty-four (24) hours before the time appointed for such Meeting and shall be delivered electronically via e-mail to their respective Municipal e-mail address. a) The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the Meeting. 4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting. 4.4.5 All Special Meetings of Council shall be held at the location of the last Regular Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding a Special Meeting or any action taken thereat where all Members are present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk. 4.5 Emergency Meeting 4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. a) In this case, the consent of two-thirds (2/3) of the Members to hold such a Meeting without advance notice is necessary and such consent, if any, shall be recorded in the minutes by the Clerk. 4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries. 4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation 4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality’s Public Notice Policy, as amended from time to time. 4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern. 4.7 Meetings Open to Public 4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Mayor or Chair may request that members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The Mayor or Chair may unilaterally suspend the Meeting until order is restored in the Council Chambers. 4.8 Closed Meetings 4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public. 4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall state: a) the fact of the holding of the closed Meeting; and b) the general nature of the subject matter to be considered at the closed Meeting. 4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request those per sons not specifically invited to the closed Meeting to vacate Council Chambers, or such room in which the Meeting is being held, as the case may be. 4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote pursuant to sections 239 (2) or (3) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Council deems that it is in the best interests of the Municipality to do so. 4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session. 4.8.7 The Motion to rise from “In Camera” shall include the time that Council arose. 4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of Council when it is closed to the public. 4.8.9 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct. 4.9 Quorum 4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority of Members present and voting is necessary to carry a resolution. 4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad Hoc Committee. 4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for the Meeting, the Clerk or designate shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.10 Education and/or Training Sessions 4.10.1 An Education and/or Training Session of Council shall not be deemed to be a Meeting of Council and shall not be subject to the rules and regulations applicable to Meetings contained in this By-law. 4.10.2 The Council may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council. 4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held. 4.10.4 An Education and/or Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members of Council are entitled to attend at the session, together with the designated staff or consultants retained by the Municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom. 4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw- vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education and/or Training Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be maintained as a public record under the control of the Clerk which records shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended. 4.11 Public Notice of Meeting Regular Meetings 4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00 P.M. on the Friday preceding the regularly scheduled Meeting. Special Meetings 4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the Municipal Website at least one week prior to the amended Meeting date where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal Website and the Press shall be notified by e-mail not less than twenty-four (24) hours before the time appointed for the Special Meeting. Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section 4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office and on the Municipal Website, and shall be communicated electronically to the Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting. 4.12 Adjournment - Due Hour 4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such other day and time as Council, by resolution, may direct. 4.13 Cancellation of Meeting 4.13.1 The Mayor or the Deputy Mayor, in the Mayor’s absence, or the Clerk, in the absence of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of the opinion that weather conditions or an emergency warrant. The Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of Council of Committee. Section 5 - AGENDAS AND MINUTES 5.1 Council Meeting Agenda 5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council: I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda IV. Announcements V. Delegations VI. Adoption of Minutes of previous Meeting(s) VII. Motions and Notice of Motion VIII. Recreation, Culture, Tourism and Economic Development a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council IX. Physical Services – Emergency Services a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council X. Development Services – Sustainability and Conservation a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XI. Finance and Administration a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XII. By-laws XIII. Unfinished Business XIV. Other Business XV. By-law to Confirm the Proceedings of Council XVI. Adjournment 5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question. 5.1.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment 5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.3 Committee of Adjustment Meeting Agenda 5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business VII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Committee of Adjustment Meeting in question. 5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.4 Court of Revision Meeting Agenda 5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Staff Presentation V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment 5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question. 5.4.3 The business of the Court of Revision shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting: IX. Call to Order X. Disclosures of Pecuniary Interest XI. Chairman’s Remarks on the Purpose of the Meeting XII. Public Participation XIII. Correspondence XIV. Other Business XV. Adjournment 5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Public Meeting in question. 5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.6 Meeting Minutes 5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting; b) the name of the Presiding Officer or Officers and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment. 5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next Regular Meeting of the subject Meeting type. 5.6.3 Where the Minutes have been de livered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be approved shall be in order. 5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the Clerk. 5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of Council are posted on the Municipal website and prepared in accordance with Section 5.6 of this Procedural By-law. Section 6 - ORDER OF PROCEEDINGS - COUNCIL 6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting, the Mayor shall take the Chair and call the Members present to order. 6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined in t his Procedural By-law until the Mayor is present at the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair. 6.2 Disclosures of Pecuniary Interest 6.2.1 Where a Member, either on his own behalf or while ac ting for, by, wit h or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration. 6.2.3 Where a Member is absent from a Meeting which inc ludes a matter for which the Member has a pecuniary interest, the Member shall dis close this interest and otherwise comply at the first Meeting attended by him after the particular Meeting. 6.3 Presentations /Special Events 6.3.1 At the request of a Member of Council or the Municipality’s staff, any person, organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting. 6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the Municipality; c) presentations from senior levels of government or other municipal governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided that permi ssion has been obtained for the use of such equipment from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting. 6.4 Announcements 6.4.1 During the announcement portion of the Meeting, Members may announce or comment on community events and activities when recognized by the Chair. 6.5 Delegations 6.5.1 See Section 8 6.6 Minutes 6.6.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda. 6.6.2 Previous Meeting Minutes may be disposed of through a single resolution or, alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.7 Motions and Notices of Motion 6.7.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council Meeting at which it is to be presented for consideration and dealt with. 6.7.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council. 6.8 Correspondence 6.8.1 All Correspondence intended to be presented to Council shall be legibly written or printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to Council. 6.8.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either “Receive for Information” or “Requiring Action” is assigned. 6.8.3 Notwithstanding Section 6.8.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the Agenda for the Meeting, may be communicated to Council by way of an Addendum to the Agenda including a summary of the content of the Correspondence item. 6.8.4 Upon presentation of a motion and prior to its approval, any item of Correspondence may be the subject of limited discussion. Council may briefly discuss the matter and if consensus is reached, a revised recommendation may be presented. 6.9 Reports to Council 6.9.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council via an Addendum. 6.10 By-laws 6.10.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has been approved by Council. The Clerk shall prepare and include in the Counc il Agenda a summary of all By-laws, specifying the title of each By-law. 6.10.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the number and date to be affixed. 6.10.3 All by-laws shall be given first and second r eadings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time the subject by-law s hall be removed from the motion and dealt with separately. 6.10.4 When the by-laws are reported with or without amendment, they shall be forthwith given thir d reading in a single motion at the same Meeting on the affirmative vote of the majority of the Members present and voting. 6.10.5 The Clerk shall endor se on all By -laws enacted by Council, the date of the several readings thereof. 6.10.6 Every By-law which has been enacted by Council shall be numbered and dated, and shall be signe d by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk. 6.11 Unfinished Business 6.11.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting. 6.12 Other Business 6.12.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain to information items and can include Members’ Reports on Advisory Committees. Any proposal to present a Motion must comply with Section 10 of this By-law. 6.13 By-law to Confirm the Proceedings of Council 6.13.1 At the conclusion of all Regular and Special Meetings of Council and prior to Adjournment, a Confirming By -law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 6.14 Adjournment 6.14.1 See Sections 10.28, Section 10.29 and Section 10.30 Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS 7.1 Public Meetings 7.1.2 Public Meetings shall be conducted in the following manner: a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted; b) a member of the Municipal staff and/or Municipal Consultant shall then address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity to ask questions or seek clarification regarding the matter; and e) members of the public shall then be permitted to make representation regarding the matter. 7.2 Adjournment 7.2.1 See Section 10.28, Section 10.29 and Section 10.30 Section 8 - DELEGATIONS 8.1 Delegations 8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later than forty-eight (48) hours prior to the Regular Meeting. 8.1.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. 8.1.3 Notwithstanding Section 8.1 .2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority. 8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before Council for which the public has been given notice of the Public Meeting under the Planning Act , any other Act, or according to Municipal Policy, as required. 8.1.5 Delegations shall be permitted to speak on a matter only once within a six (6) month period and shall be limited to speak for n o more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation’s comments, the communication s hall be provided to the Clerk and may be distributed to the Members at the discretion of the Clerk. 8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permi ssion has been obtained for the use of such equipment from the Clerk at the time the presenter(s) contacts the Clerk’s Department to register for the meeting. The presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 8.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address Council; or d) disobey the rules of procedure or a decision of the Chair of Council. 8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their submissions or to elicit further information from them that is relevant to their submission. 8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality. 8.2 Petitions 8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk. 8.2.2 Every petition shall be deliv ered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting of Counc il and, if in the opinion of the Clerk it contains any impertinent or improper matter or language, the Clerk shall decide whether it should be included in the Agenda. Section 9 - RULES OF DEBATE AND CONDUCT 9.1 Conduct of Members of Council 9.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against Council, against any Member or against any officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of Procedure except where the ruling of the Chair is reversed by the Council pursuant to Section 10.23. If a Member persists in any such disobedience after having been called to order, the Chair shall forthwith order that Member to vacate the Counc il Chambers or room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat; e) speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or f) where a matter has been discussed in a closed Meeting, and where the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person. 9.2 Address the Chair 9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only. 9.3 Order of Speaking 9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 9.4 Point of Privilege 9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole, or the integrity of staff has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Council to the matter. 9.4.2 When a M ember is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege. 9.4.3 When the Chair considers that the integrity of the Administrator or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the Administrator or Staff to make a statement to Council. 9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 9.5 Point of Order 9.5.1 When a M ember desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 9.6 Appeal of Ruling of Chair 9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Council, the decision of the Chair shall be final. 9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Council, otherwise the decision of the Chair is final. 9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Council, without debate on the following question: “Will the ruling be sustained?”, and the decision of Council, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 9.7 Members Speaking 9.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair , or interrupt t he Member except to raise a Point of Order. 9.8 Question Read 9.8.1 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking. 9.9 Speak Once – Reply 9.9.1 No Member shall speak more than once to the same question without leave of Council except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion. 9.10 Time Limited 9.10.1 No Member, without leave of Council shall speak to the same question or in reply for longer than five (5) minutes. 9.11 Questions 9.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked only through the Chair. 9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak. Section 10 - MOTIONS Reading 10.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes. 10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate. 10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or as part of a Report, it need not be read in its entirety unless request ed to do so by a Member of Council but shall be deemed as read for the purposes of introducing the Motion. Withdrawn 10.4 After a motion is properly moved and seconded, it shall be deemed to be in poss ession of Counc il, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the question or motion may be read before being put. Motion ruled out of order 10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the Chair shall rule the motion out of order. Not within jurisdiction of Council 10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Counc il which is not within its jurisdiction shall not be in order at a Meeting of Council. Motions Without Notice and Without Leave 10.8 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure; e) to lift from the table; f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess. 10.9 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated: a) to refer with direction (direction for referral only to be debatable); b) to table with instructions (instructions for tabling only to be debatable); c) to amend; and d) to rescind. Priority of Disposition 10.10 A motion properly before Council for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 10.8 and 10.9. Motion to Amend 10.11 A motion to amend: a) shall be presented in writing if requested by the Chair; b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in re verse order to the order in which the amendments are made. 10.12 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion. Question be now put 10.13 A motion that the question be now put: a) is not debatable cannot be amended b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put; e) when resolved in the affirmative, requires that the question, motion, amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, “that the question be now put”; and g) requires an affirmative vote of two-thirds (2/3) of the Members present and voting. Motion to refer or defer/postpone 10.14 A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or postponed. 10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 10.15. Motion to table 10.17 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended. 10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and Section 10.16. 10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment. Motion to divide 10.21 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members present and voting. Motion to rescind 10.22 A motion to rescind a previous action of Council requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 10.23 A motion to rescind is not in order when action has been taken on the order of Council of which it is impossible to revise. The part of an order of Council which has not been acted upon, however, may be rescinded. Reconsideration 10.24 A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider; b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered more than once during the term of Council. Motion to recess 10.26 A motion to recess shall provide for Council to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted. 10.27 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 10.28 A motion to adjourn is not debatable or amendable and shall always be in order except: a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the matter before Council. 10.29 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the Council to an end. 10.30 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and voting. Section 11 - VOTING ON MOTIONS 11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the form introduced and shall do so if required by a Member. 11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. 11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 11.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that question. 11.6 Each Member has only one vote. 11.7 The Chair shall announce the result of every vote. Unrecorded Vote 11.8 The manner of determining the decision of the Council on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 11.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question. 11.10 The order in which Members, present and voting, vote on Recorded Votes shall be: a) Ward Councillors (in ascending numerical order); b) Deputy Mayor; and c) Mayor 11.11 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question. Section 12 - CONDUCT OF THE AUDIENCE 12.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council Chambers, or any other location in which Council may conduct their business. 12.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 13- ADMINISTRATION 13.1 This By-law shall be administered by the Clerk. 13.2 By-law Number 2014-103, as amended shall be repealed in its entirety. 13.3 This By-law shall come into full force and effect on the 4th day of January, 2018. READ A FIRST, SECOND and THIRD time and finally passed on the 4th day of January 2018. ____________________________ _____________________________ MAYOR CLERK BY-LAW NUMBER 2018-006 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO APPOINT BOARD AND COMMITTEE MEMBERS WHEREAS The Corporation of the Municipality of Bayham By-Law 2018-006 governs the roles and responsibilities of Advisory Board and Committee Members; AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it necessary and expedient to appoint Advisory Board and Committee Members; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby appoints the Municipality of Bayham – Boards and Committee Members attached hereto as “Schedule A” and forming part of this by-law; 2. THAT By-Law 2015-086 and all amendments thereto are hereby repealed; 3. 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 4th day of January, 2018. ____________________________ _____________________________ MAYOR CLERK Schedule “A” to By-Law 2018-006 Municipality of Bayham – Boards and Committee Members Legislated/Non-Municipal Boards & Committees: 1. Committee of Adjustment a. Appointees: i. Council ii. Secretary-Treasurer – Deputy Clerk/Planning Coordinator Margaret Underhill 2. Court of Revision a. Appointees: i. Council ii. Chairman - Mayor 3. Long Point Region Conservation Authority a. Appointees (Representing Malahide & Bayham) i. Wayne Casier 4. Elgin Area Primary Water Supply System Joint Board of Management a. Appointees (Representing Aylmer, Malahide & Bayham) i. Randy Breyer ii. Tom Southwick (alternate) 5. Port Burwell Secondary Water Supply System a. Appointees i. Randy Breyer ii. Tom Southwick (alternate) 6. Elgin County Land Division Committee a. Appointees i. Brent Stewart 7. Elgin Group Joint Police Services Board a. Appointees (Representing Malahide & Bayham) i. Deputy Mayor Mike Wolfe 8. Bayham Joint Cemetery Board a. Appointees i. One representative from each individual Cemetery Board (as appointed by each Board) ii. Secretary - Staff Resource – Treasurer/Tax Collector, Lorne James Individual Cemetery Boards b. Straffordville i. Gerald Taylor ii. Al Stewart iii. Perry Grant iv. Joe Neville v. Dave Andrews vi. Jim Tait vii. Dennis Ball Schedule “A” to By-Law 2018-006 c. Eden i. Jim Tait ii. Lorraine Backus iii. Ray Maddox d. Calton i. Roger James ii. Frank Sawatzky iii. Ben Sawatzky iv. John Reddecop v. Lynda Millard vi. Joanne Oostrom e. Guysboro i. Vera May Dickhout ii. Bonnie Ball Coelho iii. Dan Rayson iv. Emery Silverthorn v. Joseph N Dickhout vi. Frances Martinkevicius vii. Daphne Dickhout f. Smuck i. Robert Gregson g. Dobbie i. Mark Elliott ii. Brad Swance iii. Jim Tupper h. Bayham West i. Larry Milmine ii. Ralph Carter iii. Edward Carter iv. Marlene Carter v. John Scott i. Best (Corinth) ii. George Beard Jr. 9. Joint Otter Valley Utility Corridor and Recreation Trail Committee a. Appointees (Representing Bayham & Tillsonburg) i. Paul Ens ii. Wayne Casier iii. Ed Ketchabaw 10. Harbourfront Committee a. Appointees i. Ron Flick ii. Earl Shea iii. Ray Talbot iv. Glen Underwood Schedule “A” to By-Law 2018-006 11. Museums Bayham a. Appointees i. Charles Buchanan ii. Ron Bradfield iii. Bev Hickey iv. Mathew Schafer v. Albert White vi. Ally Shelly vii. Lynda Millard viii. Bob Graham ix. Jeff Robinson 12. Elgin Municipal Association a. Appointees i. Leann Walsh 13. Doors Open East Elgin a. Appointees i. Leann Walsh ii. Paul Ens THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-007 A BY-LAW TO REPEAL BY-LAW 2016-106 BEING BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Subsection 6 (1) of the Fire Protection and Prevention Act, 1997, S.O. 1997, C. 4 provides that if a fire department is established for the whole or a part of a municipality or for more than one municipality, the council of the municipality or the councils of the municipalities, as the case may be, shall appoint a fire chief for the fire department; AND WHEREAS Ontario Regulation 380/04, a Regulation passed under authority of the Emergency Management Act, R.S.O. 1999, C. E.9, provides in part that every Municipality shall designate an employee of the municipality or a member of the council as its emergency management program co- ordinator; AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction; AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to provide a new by-law to appoint municipal officers and employees for the purposes of the Municipality to reflect various staff changes made, and repeal By-law 2016-106 and all amendments thereto. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following officers and / or employees be and they are hereby appointed to act in the capacity provided in the Municipality of Bayham for the purpose of administering and where applicable enforcing municipal by-laws and Provincial Statutes and Regulations associated with each position and the approved job descriptions are to be fulfilled: Office/Position Name 1. Chief Administrative Officer/Clerk/ Community Emergency Management Co-ordinator Paul Shipway 2. Planning Co-ordinator/Deputy Clerk/ Lottery Licencing Officer Margaret Underhill 3. Deputy Clerk Brenda Gibbons 4. Treasurer/Tax Collector Lorne James 5. Finance Clerk Donna Wiebe By-law No. 2018-007 -2- 6. Finance Clerk Sandra Maertens 7. Administrative Assistant Leann Walsh 8. Chief Building Official/Drainage Superintendent/ Property Standards Officer Bill Knifton 9. Manager of Water/Wastewater Operations/ Ed Roloson Manager of Capital Projects 10. Roads Operations Supervisor Steve Adams 11. Fire Chief/By-law Enforcement Officer/Property Standards Officer/Provincial Offences Officer/ Community Emergency Management Co-ordinator/ Livestock Valuer Randy White 12. Bayham Fire and Emergency District Chief Port Burwell Tom Millard 13. Bayham Fire and Emergency District Chief Straffordville Perry Grant 2. THAT Appointment By-law 2016-106, and all amendments thereto are hereby repealed. 3. THAT this by-law shall come into force and take effect on the 31st day of December 2017. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 4th day of January 2018. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-008 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND THE COUNTY OF ELGIN WHEREAS the Council of the Corporation of the Municipality of Bayham i s desirous of entering into an agreement with the County of Elgin for the provision of maintenance of County Roads; 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 Corporation of the County of Elgin and The Corporation of the Municipality of Bayham, being an agreement respecting the maintenance of County Roads; 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 4th DAY OF JANUARY, 2018. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-009 A BY-LAW TO AUTHORIZE THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND MEDAVIE EMS ELGIN ONTARIO INC. WHEREAS the Municipal Act, 2001 S.O. 2001 c25 as amended, s. 8(1) contains broad authority to municipalities to enable municipalities to govern its affairs as it considers appropriate; AND WHEREAS The Corporation of the Municipality of Bayham is the registered owner of property municipally known as 55451 Nova Scotia Line, Port Burwell, ON; AND WHEREAS The Corporation of the Municipality of Bayham is desirous of entering into a lease agreement with Medavie EMS Elgin Ontario Inc. for the property known 55451 Nova Scotia Line, Port Burwell, ON. 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 Medavie EMS Elgin Ontario Inc. and The Corporation of 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 4th DAY OF JANUARY 2018. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-010 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND THEO VANDENBERK CONSTRUCTION INC. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Theo Vandenberk Construction Inc. for repair and maintenance of Tunnel Line Bridge; 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 Theo Vandenberk Construction Inc. 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 4th DAY OF JANUARY 2018. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018–011 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JANUARY 4, 2018 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 January 4, 2018 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 4th DAY OF JANUARY, 2018. ____________________________ _____________________________ MAYOR CLERK