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HomeMy WebLinkAboutMarch 19, 2015 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA Thursday, March 19, 2015 MUNICIPAL OFFICE STRAFFORDVILLE, ONTARIO 7:00 p.m. 7:30 p.m. Public Meetings - Planning (Zoning) Page 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) 5 - 16 (a) Regular meeting of Council held March 5, 2015 Budget meeting of Council held March 12, 2015 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 Page 1 of 254 2015 Regular Council Agenda March 19, 2015 Page 9.1. Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2. Reports to Council 17 - 18 (a) Report PS-09/15 by Ed Roloson, Water/Wastewater Operations Manager re LAS Sewer and Water Line Warranty Program 10. DEVELOPMENT SERVICES - SUSTAINABILITY AND CONSERVATION 10.1. Correspondence 10.1.1 Receive for Information 19 - 21 (a) Notices of Public Meeting Best Line Farms Ltd - Rezoning Deryk Farms - Official Plan Amendment Froese Vegetables - Rezoning 10.1.2 Requiring Action 10.2. Reports to Council 22 - 23 (a) Report DS-14/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Eden Drain Outlet 24 - 25 (b) Report DS-15/15 by Bill Knifton, Chief Building Official, Drainage Superintendent re Stewart Drain No. 1 26 - 44 (c) Report DS-16/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Rezoning Application - Froese Vegetables Inc. 45 - 47 (d) Report DS-17/15 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement Extension 11. FINANCE AND ADMINISTRATION 11.1. Correspondence Page 2 of 254 2015 Regular Council Agenda March 19, 2015 Page 11.1.1 Receive for Information 48 - 59 (a) Cheque Register being Cheque #018274 to Cheque #018360 inclusive and totaling $1,506,299.57 and Payroll Disbursements for the period ending March 1, 2015 totaling $58,850.47 60 - 63 (b) Elgin County Library re Straffordville Library March 2015 Newsletter 64 - 65 (c) Straffordville Cemetery Board minutes of meeting held February 9, 2015 66 - 67 (d) Ontario Human Rights Commission re Applying a Human Rights Lens in Zoning, Licensing and Municipal Decision-Making 68 - 73 (e) Long Point Region Conservation Authority Board of Directors minutes of meeting held February 4, 2015 74 (f) Joe Preston, MP, Elgin-Middlesex-London re Volunteer Appreciation Week 75 (g) Elgin County re Annual Warden's Charity Golf Tournament 76 - 77 (h) Port Burwell Lakers re Mens Fastball Team 2015 11.1.2 Requiring Action 78 - 80 (a) The Municipality of Central Elgin re Recent Changes to Cost-Sharing of OPP-Supplied Court Security Expenses at the County Administration Building 81 (b) Straffordville Community Committee re grounds surrounding the Straffordville Community Centre 82 (c) Trinity Anglican Church re Easter Sunrise Service 11.2. Reports to Council 83 (a) Report TR-05/15 by Lorne James, Treasurer re 2014 Council Remuneration and Expenses 84 - 117 (b) Report CAO-12/15 by Paul Shipway, Administrator re Procurement By-Law 118 - 217 (c) Report CAO-17/15 by Paul Shipway, Administrator re Municipality of Bayham - Accessibility Plan - Policies Page 3 of 254 2015 Regular Council Agenda March 19, 2015 Page 12. BY-LAWS 218 - 219 (a) By-Law Z635-2015 Being a By-law to further amend By-law No. Z456-2003 (Froese Vegetables Inc.) 220 - 221 (b) By-Law 2015-029 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Peter and Margaretha Thiessen 222 - 246 (c) By-Law 2015-030 Being a By-Law to define the Procurement Policies and Procedures for the Corporation of the Municipality of Bayham 247 - 253 (d) By-Law 2015-031 Being a By-law to authorize the Municipality to enter into an agreement with Service Line Warranties of Canada 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL 254 (a) By-Law 2015-033 Being a By-Law to confirm all actions of Council 16. ADJOURNMENT (a) Adjournment Page 4 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES Thursday,March 5,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 5:30 P.M. The regular meeting of the Council of the Municipality of Bayham was held on Thursday,March 5,2015 in the Council Chambers. Present were Mayor Paul Ens,Deputy Mayor Tom Southwick,Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw,Administrator Paul Shipway and Clerk Lynda Millard. Planning Coordinator/Deputy Clerk Margaret Underhill,Public Works Manager Vance Czerwinski,Water/Wastewater Operations Manager Ed Roloson and Treasurer Lome James were in attendance to present their respective reports. Chief Building Official/Drainage Superintendent Bill Knifton was in attendance for the In Camera meeting. 1. CALL TO ORDER Mayor Ens called the meeting to order at 5:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST&THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. OTHER BUSINESS AND REVIEW OF ITEMS NOT LISTED ON AGENDA (a) In Camera Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 5:35 p.m.to discuss: • the security of the property of the municipality or local board; • litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board. CARRIED Page 1 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 5 of 254 Council Minutes March 05,2015 (b) In Camera Meeting regarding the security of the property of the municipality or local board and litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board (c) Out of Camera Moved by:Deputy Mayor Southwick Seconded by:Councillor Ketchabaw THAT the Committee of the Whole do now rise from the"In Camera" session at 7:00 p.m. CARRIED Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT the Council of the Corporation of the Municipality of Bayham direct staff to schedule a public information session on March 23,2015 at 7:00 p.m.at the Vienna Community Centre to present the facilities report. CARRIED 4. ANNOUNCEMENTS None. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) (a) Regular meeting of Council held February 19,2015 Moved by:Councillor Casier Seconded by:Councillor Breyer THAT the minutes of the regular meeting of Council held February 19,2015 be adopted. CARRIED Page 2 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 6 of 254 Council Minutes March 05,2015 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION,CULTURE,TOURISM AND ECONOMIC DEVELOPMENT 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL 9. PHYSICAL SERVICES-EMERGENCY SERVICES 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Elgin Area Primary Water Supply System re 2014 Annual Report Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier THAT Correspondence Item 9.1.1(a)be received for information. CARRIED 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report PS-07/15 by Ed Roloson,Water/Wastewater Operations Manager re Annual Reporting Requirements of the Ontario Drinking Water Quality Management Standard for the Bayham Distribution System Moved by:Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report PS-07/15 re Annual Reporting requirements of the Ontario Drinking Water Quality Management Standard for the Bayham Distribution System be received for information. CARRIED 10. DEVELOPMENT SERVICES-SUSTAINNABILITY AND CONSERVATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION Page 3 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 7 of 254 Council Minutes March 05,2015 1.2 REQUIRING ACTION 2. REPORTS TO COUNCIL (a) Report DS-13/15 by Margaret Underhill,Deputy Clerk/Planning Coordinator re Site Plan Agreement-Roelands/Timmermans Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT Report DS-13/15 re Site Plan Agreement-Roelands/Timmermans be received for information; AND THAT By-law No.2015-023,being a By-law to authorize the execution of a Site Plan Agreement between Roelands and Timmermans and the Municipality of Bayham for development at the property known as 6679 Woodworth Road be presented for enactment. CARRIED 11. FINANCE AND ADMINISTRATION 1. CORRESPONDENCE 1.1 RECEIVE FOR INFORMATION (a) Cheque Register being Cheque#018219 to Cheque#018273 inclusive,except Cheques #018223 totaling$110,303.02 and Payroll Disbursements for the period ending February 15,2015 totaling$56,631.91 (b) Ontario Farmland Trust re 2015 Farmland Forum (c) Randy Pettapiece,MPP,Perth-Wellington re Pettapiece continues push for municipal liability insurance reform (d) ALUS News and Events (e) OMAFRA re Community Economic Development Workshop for Municipal Councillors and Volunteers (f) Elgin County re 2015 Budget (g) Elgin County re provincial green spaces (h) Ministry of Agriculture,Food and Rural Affairs re 2015 Premier's Award for Agri- Food Innovation Excellence program (brochure that highlights the recipients of the 2014 program available upon request) (1) Childcan re Newsletter and donation request (j) Museums Bayham draft minutes of meeting held February 11,2015 Page 4 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 8 of 254 Council Minutes March 05,2015 Moved by:Councillor Breyer Seconded by:Deputy Mayor Southwick THAT Correspondence Items 11.1.1(a)to 11.1.1(j)be received for information. CARRIED 1.2 REQUIRING ACTION (a) Helen McCreadie re Sandytown Road Repair Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT Correspondence from Helen McCreadie re Sandytown Road Repair be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to inform the OPP of speed issues. CARRIED (b) Town of Aurora re Bill 52,the Protection of Public Participation Act resolution Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Correspondence from Town of Aurora re Council Resolution in support of Bill 52 be received. CARRIED 2. REPORTS TO COUNCIL (a) Report CAO-14/15 by Paul Shipway,Administrator re Hazardous Waste-Large Item Day-Fee Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT Report CAO-14/15 re Hazardous Waste-Large Item Day-Fee be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to proceed with the Hazardous Waste-Large Item Day and incorporate a fee of$20.00 per vehicle. Page 5 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 9 of 254 Council Minutes March 05,2015 CARRIED (b) Report CAO-15/15 by Paul Shipway,Administrator re Richmond Shed Moved by:Councilor Ketchabaw Seconded by:Councillor Casier THAT Report CAO-15/15 re Richmond Shed be received for information; AND THAT the Council of the Corporation of the Municipality of Baham direct staff to bring forward a by-law to enter into an agreement for disposal of the shed with Ms.Thiessen for Council consideration. CARRIED (c) Report CAO-16/15 by Paul Shipway,Administrator re 2015-2016 Operating Budget- Draft Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT Report CAO-16/15 re 2015-2016 Operating Budget-Draft be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to schedule budget meetings on March 12 and 17,2015,commencing at 6:30 p.m.to be held at the Municipal Office. CARRIED (d) Report PS-08/15 by Vance Czerwinski,Manager of Public Works re 2015 Tandem Plow Truck Search Results and Recommendation Moved by: Councillor Casier Seconded by:Deputy Mayor Southwick THAT Report PS-08/15 re 2015 Tandem Plow Truck Search Results and Recommendation be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham accept the quotation for the purchase of a new Mack Plow Truck from the bid price of $141,130.00 plus H.S.T.; AND THAT the Mack truck is sent to Viking-Clives to have the plow equipment installed at the price of$102,637.00 plus H.S.T. CARRIED Page 6 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 10 of 254 Council Minutes March 05,2015 12. BY-LAWS (a) By-Law 2015-005 Being a Provisional By-law to provide for Drainage Works in the Municipality of Bayham in the County of Elgin known as the Magyar-Dielman Drain (third reading only) (b) By-Law 2015-023 Being a By-law to authorize the execution of a Site Plan Agreement between Roelands/Timmerman and The Corporation of the Municipality of Bayham Moved by:Councillor Casier Seconded by:Councillor Breyer THAT Provisional By-Law 2015-005 be read a third time and finally passed; AND THAT By-Law 2015-023 be read a first,second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS The Administrator provided a verbal request from Alida Roloson, Speech Language Pathologist with Thames Valley Children's Centre to use the Straffordville Library basement in order to provide therapeutic services to children and families in the area. Moved by: Councillor Ketchabaw Seconded by:Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham support the request of Alida Roloson subject to provision of liability insurance. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL (a) By-Law 2015-024 Being a By-law to confirm all actions of Council Moved by:Councillor E Ketchabaw Seconded by:Deputy Mayor Southwick "That confirming By-Law 2014-024 be read a first,second and third time and finally passed." CARRIED Page 7 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 11 of 254 Council Minutes March 05,2015 16. ADJOURNMENT (a) Adjournment Moved by:Deputy Mayor Southwick Seconded by:Councillor Casier "THAT the Council meeting be adjourned at 7:53 p.m." CARRIED eLll L[ ' MAYOR CL Page 8 of 8 Regular meeting of Council held March 5,2015 Budget meeting... Page 12 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BUDGET MEETING MINUTES Thursday,March 12,2015 MUNICIPAL OFFICE STRAFFORDVILLE,ONTARIO 6:30 P.M. The initial 2015-2016 Operating Budget meeting of the Council of the Municipality of Bayham was held on Thursday,March 12,2015 in the Council Chambers.Present were Mayor Paul Ens, Deputy Mayor Tom Southwick,Councillors Randy Breyer,Wayne Casier and Ed Ketchabaw, Administrator Paul Shipway,Clerk Lynda Millard,Treasurer Lorne James and Water/Wastewater Operations Manager Ed Roloson. 1. CALL TO ORDER Mayor Ens called the meeting to order at 6:30 p.m. 2. DECLARATION OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. 2015-2016 DRAFT BUDGET (a) Report CAO-16/15 by Paul Shipway,Administrator re 2015 • 2016 Operating Budget- Draft Moved by:Councilor Casier Seconded by:Councillor Ketchabaw THAT staff be directed to make the following amendments to the Capital Budget: • Reduce the streetlight budget by$35,000 ▪ Reduce the Vadim budget by$35,000 a Fund the Public Works yard renovations from the facility reserve account in the amount of$55,000. CARRIED Moved by:Councillor Casier Seconded by:Deputy Mayor Southwick THAT staff be directed to make the following amendments from the Operating Budget: • Fund the 2015 Guarantorship Fees,$45,000, from the Rate Stabilization Reserve • Fund the Large Item Day fees,$30,000 from the Transfer Station Reserve ▪ Remove$4,200 for a curator from the Museum sundry line item. CARRIED Page 1 of 4 Regular meeting of Council held March 5,2015 Budget meeting... Page 13 of 254 Budget Meeting Minutes March 12,2015 (b) Report CAO-18/15 by Paul Shipway,Administrator re Reserves Balances-Structure Moved by:Councillor Casier Seconded by:Councillor Ketchabaw THAT Report CAO-18/15 re Reserves Balances-Structure be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff restructure the reserves in accordance with Appendix'B'attached to Report CAO-18/15. CARRIED 4. OTHER BUSINESS (a) In Camera Moved by:Councillor Ketchabaw Seconded by:Councillor Casier THAT the Council do now rise to enter into an"In Camera" Session of Committee of the Whole at 8:05 p.m.to discuss: • litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board. CARRIED (b) Confidential report re litigation or potential litigation,including matters before administrative tribunals,affecting the municipality or local board (c) Out of Camera Moved by:Councillor Ketchabaw Seconded by:Deputy Mayor Southwick THAT the Committee of the Whole do now rise from the"In Camera" session at 9:05 p.m. CARRIED Moved by:Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council of the Corporation of the Municipality of Bayham direct staff to make public Report CAO-19/15 by Paul Shipway,Administrator re Project Ojibwa CARRIED Page 2 of 4 Regular meeting of Council held March 5,2015 Budget meeting... Page 14 of 254 Budget Meeting Minutes March 12,2015 (d) Report CAO-19/15 by Paul Shipway,Administrator re Project Ojibwa-Financial Plan Moved by:Councillor Ketchabaw Seconded by:Councillor Breyer THAT Report CAO-19/15 re Project Ojibwa-Financial Plan be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to immediately disseminate the Media Release attached hereto as Appendix 'A' AND THAT Council direct staff to hold a Public Information Session on March 16, 2015 at 7:00 PM at the Vienna Community Centre to present the information outlined in Report CAO-19/15; AND THAT Council direct staff to bring forward a by-law for Council consideration to authorize the Treasurer to pay out the Water Infrastructure Loan from the Royal Bank of Canada as authorized by By-law No.2009-095 and By-law 2009-108; AND THAT Council direct staff to bring forward a by-law for Council consideration to authorize external borrowing in the amount of six million dollars ($6,000,000.00)from The Toronto-Dominion Bank("TD")for the purposes of the Municipality of Bayham; AND THAT Council direct staff to pursue legal remedy of the situation against the Elgin Military Museum pursuant to the terms of the Guarantorship Agreement; AND THAT the Council of the Corporation of the Municipality of Bayham delegate authority to the Administrator to operationalize the same; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to immediately and aggressively pursue upper levels of government cash management strategy. CARRIED 5. BY-LAWS (a) By-law 2015-025 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT confirming By-law 2015-025 be received for information. CARRIED Page 3 of 4 Regular meeting of Council held March 5,2015 Budget meeting... Page 15 of 254 Budget Meeting Minutes March 12,2015 (b) By-Law 2015-026 Being a By-law to authorize the Treasurer to pay out the Water Infrastructure Loan from The Royal Bank of Canada as authorized by By-Law No. 2009-095 and By-Law No.2009-108 (c) By-Law 2015-027 Being a By-law to authorize the external borrowing upon debentures in the amount of six million dollars($6,000,000.00)from The Toronto- Dominion Bank("TD")for the purposes of The Municipality of Bayham Moved by:Councillor Breyer Seconded by:Councillor Casier THAT By-Laws 2015-026 and 2015-027 be read a first,second and third time and finally passed. CARRIED (d) By-Law 2015-028 Being a By-law to confirm all actions of Council Moved by:E Ketchabaw Seconded by:Deputy Mayor Southwick THAT confirming By-law 2015-028 be read a first,second and third time and finally passed. CARRIED 6. ADJOURNMENT (a) Adjournment Moved by:Deputy Mayor Southwick Seconded by:Councillor Breyer THAT the Council meeting be adjourned at 9:10 p.m. CARRIED fie:\r'15' MAYOR CLERK Page 4 of 4 Regular meeting of Council held March 5,2015 Budget meeting... Page 16 of 254 REPORT PHYSICAL SERVICES deb -Q Unity i9 TO: Mayor&Members of Council FROM: Ed Roloson,WaterlWastewater Operations Manager DATE: March 6,2015 REPORT: PS-09/15 FILE NO: C-07 SUBJECT: LAS Sewer and Water Line Warranty Program BACKGROUND: Local Authority Services(LAS)is a preferred provider of competitively-priced and sustainable co- operative business services for Ontario municipalities and the broader public sector. Property owners connected to municipal water and sanitary services are responsible for the maintenance and replacement of the buried service lines that extend from the property line to their dwelling.When the said lines become clogged,leak or break many homeowners believe that the repair or replacement is the responsibility of the municipality as their insurance does not cover the expensive repair. LAS has partnered with Service Line Warranties of Canada(SLWC)to offer a warranty program to Ontario municipalities. The warranty program offers the following; - No cost to the municipality to participate—simply an endorsement from council 100%optional for municipally serviced residents Peace of mind with 24/7 customer service Service from local contractors and repairs performed to local codes Reduced political frustration--fewer resident complaints Environmentally friendly—conserves water and minimizes pollution - A low rate structure to repair, restore or replace critical private property infrastructure The program currently covers water service line repairs and or replacement up to$5,000 for a monthly fee of$5.00 or a reduced single annual fee of$55.00. Sanitary sewer pipe repairs and or replacement is offered up to$8,00C for a monthly fee of$5.75 or a reduced single annual fee of $64.00. The warranty program rates include a built in 5%municipal royalty fee of which staff Report PS-09/15 by Ed Roloson,Water/Wastewater Operations M... Page 17 of 254 recommends be waived and applied to the rate structure for further reduced pricing. To participate in this program council must endorse the program model which allows SLWC to effectively market the program to our municipal serviced property owners. Upon enrollment, SLWC will market their program solely on direct mail outs and public relations to generate awareness and interest. Note: i. This is a service that may be included in some home owner insurance policies, however LAS research indicates that the majority of home insurance policies do not cover service lines, hence the impetus to offer the program. RECOMMENDATION 1. THAT Staff Report PS-09/15 be received for information, 2. AND THAT the Council of the Corporation of the Municipality of Bayham endorse the Sewer and Water Line Warranty service offered by Service Line Warranties of Canada • (SLWC), as endorsed by LAS. 3. 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 SLWC related to the marketing of the Sewer and Water Line Warranty Service to municipal serviced residents. Respectfully Submitted by: :2ef Ev-i‘lthel • Ed Roloson WateriWastewater Operations Manager Report PS-09/15 by Ed Roloson,Water/Wastewater Operations M... Page 18 of 254 Best Line Farms YEA 4/ NOTICE OF A PUBLIC MEETING µw", CONCERNING A PROPOSED 1 �'; ZONING BY-LAW AMENDMENT 72 01�, IN THE MUNICIPALITY OF BAYHAM +taiity I,1 TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday,March 19th,2015 at 7:30 p.m.in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on a recently severed lot measuring 0.47 hectares(1.16 acre)in area,from the Agricultural(A1)Zone to the site-specific Rural Residential (RR-26)Zone,and to change the zoning on the retained 30 hectares(76 acres)of land from the Agricultural(A1)Zone to the Special Agricultural(A2)Zone in the in Zoning By-law Z456-2003. The subject lands are located on Part Lot 9,Concession 10,on the southwest corner of Green Line and Pressey Road and known municipally as 55035 Green Line. THE EFFECT of this By-law will be to accommodate the severance of a surplus dwelling with site- specific regulations for an undersized lot frontage,and to prohibit the establishment of any new residential dwellings on the retained agricultural lands in accordance with the land severance policies of the Official Plan. The lands are subject to Elgin County Land Division Application E95/14. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed,the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting,or make written submissions to the Municipality of Bayham before the by-law is passed,the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless,in the opinion of the Board,there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment,you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. KEY MAP DATED at the Municipality of Bayham this MUNICIPALITY OF BAYHAM 27thday of February 2015. Margaret Underhill +•r'v Planning Coordinator/Deputy Clerk <. rMunicipality of Bayham ""` I� P.O.Box 160,9344 Plank Rd. LStraffordville,ON,NOJ 1Y0 !l Tel: 519-866-5521 Ext 222 f sueaearui rs Fax: 519-866-3884 % ( , munderhlll(c bavham.on.ca ii lj Notices of Public Meeting Best Line Farms Ltd-Rezoning Der... Page 19 of 254 At DeRyk Farms Ltd ISPXYHA NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED �lf(i OFFICIAL PLAN AMENDMENT OAponityi+'Is40 IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Official Plan Amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, March 19"', 2015 at 7:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Official Plan amendment under Section 17 of the PLANNING ACT. THE PURPOSE of the official plan amendment is to change section 2.1.7.1 c)in the Agriculture land use policies as it relates to farm consolidation and the severance of surplus farm dwellings. THE EFFECT of the amendment would be to specifically allow the severance of surplus farm dwellings from consolidated farm operations within the Municipality,where the retained primary farm dwelling is located within an abutting neighbouring municipality, whereby currently the dwelling must be located within the Municipality of Bayham. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Corporation of the Municipality of Bayham before the proposed official plan amendment is adopted or by-law is passed,the person or public body is not entitled to appeal the decision of the Corporation of the County of Elgin to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Corporation of the Municipality of Bayham before the proposed official plan amendment is adopted,the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless,in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. IF YOU WISH to be notified of the adoption of the proposed official plan amendment,or of the refusal of a request to amend the Official Plan you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 2T"day of February 2015. Margaret Underhill Planning Coordinator 1 Deputy Clerk Municipality of Bayham P.O.Box 160,9344 Plank Rd Straffordville,ON,NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax:519-866-3884 Notices of Public Meeting Best Line Farms Ltd-Rezoning Der... Page 20 of 254 Proses Vegetables Inc 101144 NOTICE OF A PUBLIC MEETING 41 a, CONCERNING A PROPOSED �' ;'; ZONING BY-LAW AMENDMENT 7f (C467- IN THE MUNICIPALITY OF BAYHAM ponity USO. TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday,March 19th,2015 at 7:30 p.m.in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning on a portion of a 37.2 hectare(92 acre)in area,from the Agricultural(A1)Zone to the Farm Industrial(M1)Zone in the Zoning By-law Z456- 2003.The subject lands are located on Part Lot 18,Concession 5,on the north side of Calton Line between Plank Road and Toll Gate Road and known municipally as 56618 Calton Line. THE EFFECT of this By-law will be to recognize an existing on-site farm-related industrial use,in accordance with the Farm-Related Industrial and Commercial Uses policies of the Official Plan. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed,the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting,or make written submissions to the Municipality of Bayham before the by-law is passed,the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless,in the opinion of the Board,there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment,you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 27"'day of February 2015. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill I !� PlanningngCoordinator/Deputy Clerk Municipality of Bayham P.O.Box 160,9344 Plank Rd Straffordville,ON,NOJ 1Y0 ...a."."""/2 • Tel: 519-866-5521 Ext 222 $M'E'AN j -• Fax:519-866-3884 1 '. munderhillQbavham.on.ca Notices of Public Meeting Best Line Farms Ltd-Rezoning Der... Page 21 of 254 -0x-Y_ 1144 ., �. REPORT iamink -doei „it ft DEVELOPMENT SERVICES o `. 4�rtunity TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 19, 2015 REPORT: DS-14/15 FILE NO.C-07 SUBJECT: EDEN DRAIN OUTLET BACKGROUND: In 1984 the west branch of the Eden drain was installed under a report prepared by Spriet Associates. The outlet of this branch is the top end of an existing ravine that is a small ditch at the drain tile outlet. This is located near the south —west boundary of the Eden Community Center in the village of Eden. DISCUSSION: Staff was recently approached by an area land owner(Danny Deplancke)who owns a 137 acre farm located downstream of the Eden drain tile outlets.The land is on Lots 17, 18, 19 Con 8. Mr. Deplancke has an irrigation pond and dam on this ravine which has been there since 1966. Mr. Deplancke indicated that there was never a problem with his dam until the drain in Eden was installed, now a heavy rain puts extreme stress on his dam and he is very concerned with the advent of any new drainage works into this watercourse his dam will fail. Staff has conferred with our legal department and there is potential liability for damages if this dam fails which can be proved to have resulted from water discharging from municipal drains in Eden which the Municipality of Bayham allowed. Staff recommends that Council retain the services of a Professional Engineer to prepare a Preliminary Report addressing the structural condition of the dam on Mr. Deplanckes property and specifically to extend the Eden Drain downstream to a sufficient outlet.This can be accomplished using Section 78 of the Drainage Act. Section 78(1)of the Drainage Act allows the Council of a municipality that is responsible for maintaining a Municipal Drain to make a new outlet for the whole or any part of the drainage works.The project is to be completed in accordance with the report of an Engineer appointed by it and without the petition required by Section 4 of the Drainage Act. Report DS-14/15 by Bill Knifton,Chief Building Official,Dr... Page 22 of 254 Staff has conversed with Spriet Associates on this matter and they would prefer another Engineering firm look at the dam in question. Staff has approached Peter Penner of CJDL Engineers in Tillsonburg,who has agreed they can provide a report on the condition of the dam on the property in question. Staff recommends that a preliminary report be requested from CJDL Engineers on the condition of the dam on Mr. Deplancke's property and if it is found that the dam is deficient from the findings in the preliminary report,that a final report be requested from CLDL addressing the extension of the outlet of the Eden drain to a sufficient outlet. RECOMMENDATION 1. THAT Report DS-14/15 regarding the Eden Drain outlet be received for information; 2. AND THAT the Council of the Municipality of Bayham wishes to proceed with this matter and appoints CJDL Consulting Engineers to prepare a preliminary report on the extension of the outlet for the Eden Drain pursuant to Section 78(1)of the Drainage Act for Council's consideration. Respectfully Submitted by: 4A et el,v Bill Knifton —au ipway Chief Building Official Administrator Drainage Superintendent Report DS-14/15 by Bill Knifton,Chief Building Official,Dr... Page 23 of 254 itPXY1144-40/ t * . REPORT DEVELOPMENT SERVIC4,00%, ES CES 0,... 'OrtUnqty TO: Mayor&Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: March 19, 2015 REPORT: DS-15/15 FILE NO.C-07/E09 SUBJECT: STEWART DRAIN NO. 1 BACKGROUND: On Dec 11, 2008 a petition for drainage was filed with the Clerk from John Stewart for drainage on his lands known as Pt Lot 21, Con 9 in the village of Eden. On December 18, 2008, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. The petitioner proposed to sever two sections of land for future residential development. In 2014 the petitioner decided to proceed with completion of the land severance and move forward with the drainage works. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowners in the watershed in the fall of 2014. Engineer's Report#208367 received from Spriet Associates dated March 5,2015 was filed with the Clerk on March 12, 2015. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d)The Director, of the Ministry of Agriculture, Food and Rural Affairs. Report DS-15/15 by Bill Knifton,Chief Building Official,Dr... Page 24 of 254 RECOMMENDATION 1. THAT Report DS-15115 regarding the Stewart Drain No. 1 be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #208367 dated March 5,2014 for the Stewart Drain No.1,as prepared by Spriet Associates,and filed with the Clerk on March 12,2015; 3. THAT Council set a date for the Public Meeting to he held on April 2,2015 at 8:00 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works,and in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton Paul Shipw ,0001111.1111."-- - Chief Building Official Administrator Drainage Superintendent Report DS-15/15 by Bill Knifton,Chief Building Official,Dr... Page 25 of 254 -15X1(1144 AgainIlk REPORT 0 °"tuniity I9 .cam DEVELOPMENT SERVICES TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: March 19,2015 REPORT: DS-16/15 FILE NO. C-07/D13 Roll#3401-000-003-05300 SUBJECT: Rezoning Application—Froese Vegetables Inc. File:D14.FROVEG BACKGROUND: Froese Vegetables Inc.submitted a rezoning application for consideration to rezone their property located at 56618 Calton Line. The purpose of this By-law is to change the zoning on a portion of a 37.2 hectare(92 acre) parcel from the Agricultural(Al)Zone to the Farm Industrial(M1)Zone in the Zoning By-law Z456-2003.The subject lands are located on Part Lot 18, Concession 5, on the north side of Calton Line between Plank Road and Toll Gate Road. The effect of this By-law will be to recognize an existing on-site farm-related industrial use, in accordance with the Farm-Related Industrial and Commercial Uses policies of the Official Plan. DISCUSSION: The owners of Froese Vegetables Inc. are proposing additions to existing structures. Prior to the issuance of any building permits, they are required to bring the property from the current legal non-complying status to zoning compliance through rezoning from the Al to M1 Zone on a portion of their property. The application does not indicate how much of the property is to be rezoned, however, municipal staff and planner suggest the M1 Zone be applied to only the area currently being utilized for the grading,storing and shipping of harvested crops with a minimal amount of area included for future small-scale expansion while retaining as much workable agricultural lands as possible in the Al Zone. The area is 4.0 ha(10 acres)as shown on the attached GIS aerial mapping. The planner's memorandum provides a summary and analysis of the criteria and general principles to consider in the development of farm-related industrial uses. Based on the review Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 26 of 254 Staff Report DS-16/15 2 of Bayham's planning documents,staff and planner support the rezoning of the lands to recognize the existing agricultural processing establishment and the proposed expansion. At the time of writing this report, no public comments have been submitted to the municipality. ATTACHMENTS: 1. Aerial GIS Map 2. Rezoning Application received February 23, 2015 3. IBI Memorandum dated March 10, 2015 4. Draft Zoning By-law Z635-2015 RECOMMENDATION 1. THAT Report DS-16115 be received for information; 2. AND THAT Zoning By-law Z456-2003,as amended, be further amended by changing the zoning on a portion of the subject lands known as 56618 Calton Line,owned by Froese Vegetables Inc.,from the Agricultural(Al)Zone to the Farm Industrial(M1)Zone; 3. AND THAT Zoning By-law Z635-2015 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: 442 Mars ar- nderhill Paul Shipw- --- Deputy Clerk/Planning Coordin- or Adminis, -tor Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 27 of 254 'tEssentiaEssentials Froese Vegetables Inc. Esse - — - - `i` Cl 4-. O Clar' i i Legend Q, '" Image - r - Red: Band_? • r � :t Green:Band_2 r - ■ Blue: Band 3 i I . _ J _ -. 1 A ._.1.17 0 World Street Map 811---ki .. - rJ' i $ { ..j,,i _ r. , r i � .. es,.. E ' aa • • Y j irrrr` - A! Sa,.N M R Q ti `+• ,- .T J I • - 6. U • I ] 1:3,689 -- I on - — T - Notes t. > 10 acres 0.2 I 0 0.09 0.2 Kilometers This map is a user generated static output from an Internet mapping site and v1 is for referenoe only.Data layers that appear on this map may or may not be WGS_1984 Web_Mercator Auxlllary_Sphere accurate,current,or otherwise reliable. D e latitude Geographies Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION rn 0 i, O fa. SAY MUNICIPALITY OF BAYHAM 4 ''fP.O.Box 160 41111‘1711 al Straffordville,Ontario %& � n;° NOJ 1Y0 "' is Phone(519)866-5521 Fax(519)866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a f of$2,000 ning By-law Amendment or Temporary Use Zoning By-law)or$1500 (Temporary se oning By-law Renewal)or$1500(Zoning Amendment to Remove Holding Provision). If the application is not completed in full,the application will be returned. I/WE, Froese Vegetables Inc. shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Froese Vegetables Inc Property OA(r Ar Property Owner FOR OFFICE USE ONLY DATE RECEIVED: ;7�'�.'v 3 AMOUNT RE WED: 0G-447_ 0 /3 7,?0,, Ay FILE NO: tH 5--O 4EG— DATE ADOPTED BY COUNCIL: Prepared April 2407 Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 29 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 2 I. Registered Owner's Name: Froese Vegetables Inc. Address: 56618 Calton Line,RR 1 Vienna Ontario NOJ 1Z0 Phone No.(Cell): 519-550-3175 Business: 519-866-3551 Fax: 519-866-3698 Email: fvioffice@eastlink.ca,froveg@@,amtelecom.net Lot and Concession(if applicable): PT Lot 17 S PT 18 Concession 5 Are there any other holders of mortgages,charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. Mennonite Savings and Credit Union John and Margarita Froese 2. Applicant/Authorized Agent: Dan Froese,President Address: 55121 Jackson Line,RR 1 Straffordville Ontario,NOJ 1Z0 Telephone No.: 519-550-3175 Fax: 519-866-3698 Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (x) 3. Legal Description of the land for which the amendment is requested: Concession: 5 Lot: PT 17 S PT 18 Reference Plan No: Part Lot: Street and Municipal Address No.: 56618 Calton Line,RR 1 Vienna Ontario NOJ 1Z0 What is the size of property which is subject to this Application? 9 Area: 3-- J- Frontage: o9 r 7. m Depth: ?U Gf . m When were the subject lands acquired by the current owner? 2010 4. Existing Official Plan Designation: AR(at era e How does the application conform to the Official Plan? t-,7L Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 30 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 3 5. Existing Zoning By-law Classification: Al Agriculture What are the current uses of the subject lands? Grading and packing Asparagus,Grading and packing cucumbers,packing peppers.Shipping of all three products If known,provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback Main Barn Refer to site Plan Froese Feb. ? i Vegetables 23115 I3 Storage/Cooler Barn 566i()X /I/O Work Shop at" ?� Storage Barn /190 g X 36' Rental House e0 V6' If known,provide the dates in which each of these buildings were constructed.;"?c #O 0 56' 6. What is the Nature and Extent of the Rezoning? To meet by-law requirements for our current operation. eZa21 /.. �,� tv ,/ • er .4 fG1/cc5'74 / 714l 7. Why is the rezoning being requested? To meet bi-law requirements Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 31 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 4 S. Does the proposed Zoning By-law amendment implement a growth boundary No adjustment of a settlement area? If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? No If so,attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested(i.e.permitted uses, buildings or structures to he erected.(Be Specific) To expand our current cooler to accommodate food safety requirements for Asparagus and to manage cooling requirements due to overlapping of cucumbers and peppers -77 nil 61 «. .syo .s . ,C'V For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback Cooler 50x60 feet Office Expansion 7x20 feet 11. Services existing or proposed for the subject lands:Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( x ) ( ) Private Dug Well ( ) ( ) Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 32 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 5 Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) individual Septic System ( x ) ( ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day,the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? No If not,where can they be found? Storm Drainage Provisions: Catch basin by the Calton line access Proposed Outlet: 12. How will the property be accessed? Provincial Highway(4) County Road( Municipal Road—maintained all year( ) Municipal Road—seasonally maintained( ) Right-of-way( ) Water( ) If access is by water,do the parking and docking facilities exist,and what is the nearest public road? Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 33 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 6 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision( ) Consent( Zoning By-law Amendment( Ministers Zoning Order( ) If yes to any of the above,indicate the file number and status of the application. n5z'r/ 6- SYi//fil671- 'rr-)D Zrr ' D -Wezo,,/,%-y Ss'���/N!'u�cfiTzce ..) /74/5 at/6.-d 10 Lof /4:12{/,:7L -,.. i (/de-reH'ill irter-7 Se:1,,L' 14. How is the proposed amendment consistent with the Provincial Policy Statement 2005? Ono/r7, /At G{SSS a Corr /i as-e3 (4,7(4{- ,--74)314,4 ,'ErpLF 74 z i! 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes,does the proposed amendment conform to the Provincial Plan(s)? I1VlO 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location,size and type of all existing and proposed buildings and structures,indicating their setbacks from all lot lines,the location of driveways,parking or loading spaces, landscaping areas,planting strips,and other uses; Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 34 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 7 the approximate location of all natural and artificial features(buildings,railways,roads, watercourses,drainage ditches,banks of rivers or streams,wetlands,wooded areas,wells and septic tanks)that are on the subject lands,adjacent to the subject lands,or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; 4 the location,width,and name of any roads within or abutting the subject land,indicating where it is an unopened road allowance,a public traveled road,a private road,or a right- of-way; • the location of the parking and docking facilities to be used(if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St.Thomas Health Unit,Long Point Region Conservation Authority and Ministry of Transportation(if applicable). (c) If a private sewage system is necessary,pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council ir°74/6— 44' 6/ted;r-67/5.-- d 5 e, e•��v` v� u er/r /rner 20. If this application is to accommodate the consent of a surplus farm dwelling,please provide the following information: Date surplus farm dwelling was erected: N/A Please provide the assessment roll number,location,and zoning of the farm parcel with which the subject lands is being consolidated. Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 35 of 254 Municipality of Bayham Zoning By-law Amendment Application Page 8 I/We, Froese Vegetables Inc ,of the of Municipality of Bayham ,in the county of _Elgin ,do solemnly declare: (1) that I/We am/are the owner(s)of the lands described above (ii) that to the best of my/our knowledge and belief,all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/we hereby appoint Dan Froese to act as an Agent on my/our behalf in all aspects of this application. And I/We make this solemn declaration conscientiously believing it to be true,and knowing that it is of the same force and effect as if made under oath,and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: J: ?fr7/Cpa// of ,5 /i-1 Owner/Agent 'Do � aC in the County/Region of �,, this 1_73/"dl day of 20 /49-.7 Owner/Agent A Commissioner,etc. MARGARET UNDERHIL,a Commisslooer,Otte Depaty Clerk of the Corporation of the Municipality of Bayham. Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 36 of 254 Froese Vegetables Inc. Specializing in cucumbers and peppers messed by Qat! 56618 Calton Line,RR1 Vienna Ontario NOJ 1Z0 Tel:519-866-3551'"E-mail:fvioffice@eastlink.ca RECE r V E February12,2015 D FEB 12 2015 The Corporation of the Municipality of Bayham PO Box 160 MUNICIPALITY BAYHAM Straffordville Ontario NOJ 1Y0 519-866-5521 To Whom It May Concern Re:Building Permit Froese Vegetables Inc.is a family owned business which made up of 7 shareholders.Our business is a seasonal operation running from April to of October annually.We employee approximately 55 people during cucumber season and almost haleof those are family members. The back storage/cooler barn is used for grading Asparagus by three of our shareholders from April until early July.Our main barn is used for cucumber grading which starts in the middle of July and runs until early September.Six shareholders and approximately 32 other farmers bring their cucumbers to Froese Vegetables to be graded and shipped to their buyer.At the end of August the pepper harvest begins and lasts until the middle of October.Peppers are grown by our shareholders and delivered to Froese Vegetables Inc.by wagon to be weighed and packaged for shipment to our buyers. The additional cooler space is required to separate harvested Asparagus from Market Ready Asparagus and to accommodate the overlapping of the cucumber and pepper crops. Since we have several different crops to manage and each crop has its own specific paperwork requirements,we also require reorganization of our main office. We look forward to hearing from you at your earliest convenience.Please contact Dan Froese at 515-550-3175,should you have any question or need further information. Best Regards, ..IsIsaac Froese,Vice President Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 37 of 254 f ., Cf n. 1 ; om4.1- ..•Y *,.., ,„il ..,„...7,. , _____, ,. L -,_ , , .61 i C Wr.w.AlWl—1 RS - ._ -moi p4"i r .. r• - I ''�-_• ._ {+� y.7 4. 1 / 'Yri 't ri •'�; 1 ,.P'y LI a - 1 t r. .. - r 11c ear th��r' ci4C'mr,i LINE Cu L. earth feet 200ihk, meters 60 rKOec�C VE6-G7l�i t Es /i/C 51.06/? CAL ToAl L/NC . RECEIVED FEB 12 2015 MIMICIPAIJTY BAYHAM Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 38 of 254 11 4-4-N- / 11 1 -1 — i,.,177..Z.-P. 1 \ ,,,! rpiti:3,-,: , 5! ., , I 1 , ., ___.- - ..- i '11 , _____ _ +: v, A.Cit;..1k t...L.7;,:l'uq.'PL, . . l ..-IN 1 T-l4 W. 3ct.:2•ii,i • .1. (-) (-----), i. \ i I ,,,,,, U ',.: I. FIV.ilicip4 ,i A . 1 , \ ‘,,,,.,. , 4:f3 II-, • , :; .'--,A: i . 'li;',C,;$.04L.1 . 5....%.':,,,-S ,..••,4 4-,0. ' t , F3u` T t! It CI . 1 i V..: --. L___.*--- -----fi ,,,.. ...4'' z_.1 kg 4-' < Ce 6 6'? L i .', G-.. T::,t ilg.:,',7i..::•0 ' 1 ) - J a,. L'FFILii 1 fP2. 1-1 m ;.. . , .. 1', , —',,-4— ....1 4%, A ___ 1.......;: ..... , , ..-- •,-,--,. r "'. ietnq •,k.0:,,,' ‘ .__ „ .___I cP- r,....1 •,:, N. r ..,. Ic..f.. e'r1-41 ,, e , . I, ..,..,......„ - '...:. .1.,f cli' ' 'r 4 ,.. N / F i ,,.. ' 3 i* - 4 tAIN 'T c: •, • _•.; ' F .• a - - •-__ , -- • ,.., --41.-24.,,,....„ • 1.'-' fi L.i ' lo 1.1 -, . -..._, .. •.,...,,,.. v... ___ ,.......„,.....__ --....., --- 0 —..... ,.. ' , ----._ '71 '-...-"•-•-.-_ ---4, ........L — __.__ g • ',..-.. .& .,._ , .._....-+-. 1 Le Ni.C. --.......-•..,. ;-----"N F;0au7f.--G:Ergisr-45 / A' el op , '' '..‘• ''' , :::`..,_______ _3____,.. (..:itz.,,,,i re), . •5 ..),-- ._ ..... Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 39 of 254 IBI GROUP 203— 0 Oxford IB 1 Londotel 519 4 O 2 N 9 8Street fax Canada6H 1T3 9 472 9354 ibigroup.com Memorandum To/Attention Municipality of Bayham Date March 10,2015 From Derek Dudek,MCIP, RPP- Project No 3404-593 Associate cc file Subject Application to Amend Zoning By-law#Z456-2003-Part Lot 17,18, Concession 5(Froese Vegetables Inc.) 1. We have completed our review of the application to amend Zoning By-law No.Z456-2003 submitted on behalf of Froese Vegetables Inc., in support of their proposal to expand an existing agricultural processing establishment located in Part Lot 17& 18, Concession 5, on the north side of Calton Line, west of Toll Gate Road, in the geographic Township of Bayham. The subject lands are designated "Agriculture" in the Official Plan, and zoned Agricultural(A1)in Zoning By-law No.Z456-2003. 2. The subject lands are a 37.2 hectare (92 acre) farm parcel with the existing business being located at the front of the property on approximately 3-4 hectares of lands. The intent of the application is to accommodate a minor expansion of the business which is currently legal non-complying,in the form of an expanded cooler building at the rear of the existing cluster of buildings which compose the operation. The subject lands are characterized as vacant cropped agricultural land to the rear of these buildings, a separate farm supply operation immediately to the west,and agricultural uses in all other directions. 3. The County of Elgin Official Plan designates the subject lands as "Agricultural Area". Section C2.3 of the County Plan lists agriculture-related uses as permitted uses within such areas. The definition of agriculture-related uses is consistent with Provincial and Municipality of Bayham definitions for such uses, and as such the existing/expanded agricultural processing establishment would be permitted in accordance with the County Official Plan. 4. Section 2.1.3.2 of the Bayham Official Plan outlines several general principles to be considered in the development of farm-related industrial uses. A summary of these principles and our analysis of the proposal is as follows: lel Group is a group of firms providing professional services and is affiliated with IBI Group Architects Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 40 of 254 IBI GROUP MEMORANDUM 2 Municipality of Bayham—Mamh 10.2015 a. The Zoning By-law shall provide separate sets of zone regulations for farm- related industrial and commercial uses. These regulations should prescribe a low building to lot ratio; The subject lands will be placed into the Farm Industrial(M1)Zone which permits a 35%lot coverage. Given that the subject lands are part of a large working farm parcel,Council should consider outlining a defined area,or utilize site-specific regulations to ensure the operation remains small scale and does not extend unduly into the cropped agricultural areas. b. Uses which create adverse off-site environmental effects such as air pollution,noise, odour,or generate excessive solid or liquid wastes either in volume or toxicity will not be permitted; The existing use of the property is mainly related to vegetable storage, grading,and shipping. The nature of these uses would not likely lead to any adverse off-site environmental impacts. Such uses on a smaller personal scale would be permitted as of right in all of the agricultural zones. c. The proposed potable water treatment and supply system;method of sanitary sewage collection,treatment and disposal;solid waste disposal;and any emissions to the environment shall meet the requirements of, and where necessary,be approved by the Ministry of the Environment or its delegated authority. The subject lands are privately serviced and would be subject to enforcement through the Ontario Building Code. Any requirements for a Certificate of Approval from the Ministry of the Environment and Climate Change should be fulfilled prior to enactment of any amending by-law. Council may choose to withhold final reading until such matters are addressed. Alternatively a holding(h)symbol may be utilized as part of the Zoning By-law amendment which would give the applicants certainty prior to moving forward with any Provincial requirements. d. Adequate off-street parking will be provided to accommodate customers and employees,however,the use should not generate high volumes of vehicular traffic; As indicated,the development is seasonal in nature and based on aerial imagery and information provided by the applicant there is a sufficient amount of parking/loading areas to accommodate a significant amount of truck traffic with little impact to turning movements on Calton Line e. The proposed use will comply with the M.D.S.1,and adequate buffering shall be provided between the farm related industrial or commercial area and adjacent uses to prevent land use conflicts; There are no livestock uses within the general vicinity of the subject lands and more importantly the use is existing in nature. The only proposed change is to an expansion of a cooler building at the rear of the cluster of dwellings which would not likely change the character of the operations significantly. Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 41 of 254 IBI GROUP MEMORANDUM 3 Municipality of Bayham—March 10,2015 5. Based on our review of the Official Plan we would have no objection to re-zoning the subject lands to accommodate the proposed expansion of an existing agricultural processing establishment. In accordance with Section 3.7-Multiple Zones of ZBL Z456- 2003, lots may be subdivided into multiple zones. Rezoning to the Ml Zone on the subject lands should be limited to an approximate area that would not allow any substantial expansion into the cropped agricultural areas. While the applicants have not provided any specific area to be rezoned we have provided below a sample sketch for their consideration which would rezone approximately 4 hectares of the subject lands to the Ml Zone. Lot distances are approximate but would satisfy all the yard requirements of the Ml Zone. t I ''41,\I-v 4.1!* *'_!itt-I ' _____.. ii „..._. , 1:, , . .I 4„....„:1,,,,,, , r P f d - I Irgligr_IL. _ , - Ili , I - •' p {— 4:,.? f° 111 d _ --?...4 ---,-2.4 IBI GROUP Derek Dudek,MCIP,RPP Associate Consulting Planner to the Municipality of Bayham Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 42 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYRAM BY-LAW NO.Z635-2015 FROESE VEGETABLES INC. BEING A BY-LAW TO AMEND BY-LAW No.Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No.Z456-2003,as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 8 by removing from the Agricultural(Al)Zone and adding to the Farm Industrial(M1) Zone,which lands are outlined in heavy solid lines and marked Ml on Schedule"A"to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 191 DAY OF March 2015. READ A SECOND TIME THIS 19th DAY OF March 2015. READ A THIRD TIME AND FINALLY PASSED THIS 191 DAY OF MARCH. MAYOR CLERK Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 43 of 254 - r ' SEE SCHEDULE A.MAP No.5 gSEE SCHEDULE A- :;"--',.1 MAP No.6 :•:"..i 1r" I • --.4 J �t La\I1fj.,__I '! SEE SCHEDULE F- s LOT I19 —" r MAP STRAFFORDVILLE m ��...,,_ 1 . 'LOT ISO 1 � � .. { LOT'T 121 rwa..;.:«..,� t! Z \ t F '1 r4 q1 i1 C 1 �-'_. 1 LOT 122 • w y f Q E S i 1 ' r LOT 123-a LOT 124 L07 126 SOUT OF, LCT 125 a u TAL T. f w • 11 • • I.go i. li. i 1 i I di j 02 ii j ! CON 6 ' _... a i I f / qf, -. Q fJ ` I1 -- ` i ul '_LOT TO \-' 1 - ....... i.. /� �a II J in y LOT II i i :_.fix ./�f i i w I N LOT12 tl. 2. I` LOT 13 �` i' Il ' r....„T„... `�/- _ _LOT 14 �i f '1• i...._ E CONS J • r� 'f l) J ..--- �3—LO7 IS '1 • 'Th ; /! - - 1f LOT 16 ti — LOT I? �.'v.. r j 1 LOT i8 /� ',. I ' ._- - -.., i SEE SCHEDULE I A-MAP ;' • No.10 i 11! I This is Schedule"A"to B -law f, No.2635-2015,passed the ':, -°;.,. 19th day of March,2015 "" ., SEE SCHEDULE A-MAP No.11 a111 r Clerk i i �LL MUNICIPALITY OF BAYHAM Leaen4 A SCHEDULE A1 LPRCAReyulationLNnit NORTH MAP No.8 `_�.� Mous Report DS-16/15 by Margaret Underhill,Deputy Clerk/Planning... Page 44 of 254 $AY „iiimplik :-_-_-,_ _ ~ REPORT 0 -- --) I, 0.so DEVELOPMENT SERVICES Po nifty Isco TO: Mayor&Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: March 19, 2015 REPORT: DS-17/15 FILE NO. C-07 I D10 SUBJECT: Site Plan Agreement Extension File: D11.HOOV BACKGROUND: Council will recall the approval of a Site Plan Agreement with Tobias and Donna Hoover on May 15,2014 for the development of their property on Hoover Valley Road. Their proposal to construct a new resident on the agricultural lands were subject to site plan control due to "Natural Heritage", "Significant Woodlands"and"Hazard Lands"designations in the Municipality of Bayham's Official Plan. DISCUSSION: The Hoovers have constructed their new home and due to weather constraints this winter have not been able to complete the final landscaping around the house,gravel the driveways, obtain the final gradient confirmed by the surveyor and complete the final seeding as per the Agreement. The Agreement deadline is dated February 15,2015 and at this time are requesting an extension to June 30,2015. Staff have no objection to the extension considering the minor nature of the outstanding issues. ATTACHMENTS: 1. Hoover Email dated March 12,2015-Request for Extension RECOMMENDATION 1. THAT Report DS-17/15 be received for information; Report DS-17/15 by Margaret Underhill,Deputy Clerk/Planning... Page 45 of 254 Staff Report DS-17/15 2 2. AND THAT Council grant the request for an extension of the Performance Guarantee deadline to June 30,2015 for the registered site plan agreement between Tobias and Donna Hoover and The Corporation of the Municipality of Bayham. Respectfully Submitted by: Reviewed by: Ma-•ar Underhil au $ ipway D-puty Clerk/Planning Coordinator Administrate Report DS-17/15 by Margaret Underhill,Deputy Clerk/Planning... Page 46 of 254 Marg Underhill From: T Hoover<tobias@hooverenterprises.ca> Sent: Thursday,March 12,2015 9:04 AM To: Marg Underhill Subject: site plan completion To Whom It May Concern; I am requesting an extension to the completion date of the site plan agreement executed on May 15, 2014. Currently, we are awaiting the snow to melt, the ground to thaw, and the mud to clear, before we can complete the final landscaping around the house, the gravel to finish the driveways, and the final seeding to be done. Also, we need to have the final gradient confirmed by the surveyor. I have been in contact with the Kim Husted Surveying, and they have agreed to get their part done as soon as possible after the thaw. However, in order to give us enough time to do the final landscaping, I am requesting an extension on the project to June 30, 2015. If you have any further questions, feel free to contact me as follows: Tobias Hoover 9484 Hoover Valley Road, C7-RR 1 Aylmer, ON N5H 2R1 Work Phone: 519-773-5644 Home Phone: 519-866-3765 Email: tobias@hooverenterprises.ca Thanks, Tobias Hoover Spam Not spam Forget previous vote Report DS-17/15 by Margaret Underhill,Deputy Clerk/Planning... Page 47 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 02/26/2015 3:42PM Accounts Payable Royal Bank Cheque Register- 02/26/2015 Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number 002419 1231 NKCARTRI D GE S.CA 33125466 TONER CARTRIDGES 02/26/2015 I 193.20 018274 Cheque Amount- 193.20 000771 ROGERS 1491397066/200-5876 CELL PHONE-R WHITE 02/14/2015 I 56.50 018275 1491397066/617-1156 CELL PHONE-V CZERWINSKI 02/14/2015 I 56.50 018275 1491397066/617-1294 CELL PHONE-B BUTLER 02/14/2015 i 22.60 018275 1491397066/619-7656 CELL PHONE-A SWANCE 02/14/2015 i 22.60 018275 1491397066/636-5709 CELL PHONE-PB FIRE DEPT 02/14/2015 22.60 018275 1491397066/636-5787 CELL PHONE-ROADS DEPT 1 02/14/2015 I 22.60 018275 1491397066/636-6069 CELL PHONE-B KNIFTON 02/14/2015 I 56.50 018275 1491397066/636-6178 CELL PHONE-STRAF FIRE DEPT 02/14/2015 22.60 018275 1491397066/636-6198 CELL PHONE-E BRADFIELD 02/14/2015 I 56.50 018275 1491397066/636-6368 CELL PHONE-E ROLOSON 02/14/2015 I 56.50 018275 1491397066/902-1249 CELL PHONE-ROADS DEPT 2 02/14/2015 i 22.60 018275 Cheque Amount- 418.10 Cheque Run Total- 611.30 Page 1 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 48 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/05/2015 1:01 PM Accounts Payable Royal Bank Cheque Register- 03/05/2015 Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number 001647 1255475 ONTARIO LTD 867476 CLEANER,TISSUES 02/1312015 I 13.66 018276 Cheque Amount- 13.66 000081 AYLMER TIRE 0000117680 INSTALL&BALANCE TIRES 02/27/2015 1,401.00 018277 0000117741 BALL JOINTS,WHEEL ALIGNMENT 03/03/2015 I 1,376.83 018277 Cheque Amount- 2,777.83 000091 BARRY R.CARD 212015-91 LEGAL-ELECTION 03/02/2015 4,041.75 018278 212016-91 LEGAL SERVICES 03/02/2015 I 1,205.15 018278 Cheque Amount- 5,246.90 000141 CAIN'S AUTO SALES&SERVICE 211 TIRE REPAIR 02/03/2015 1 77.18 018279 Cheque Amount- 77.18 000154 CANADIAN KOOL WATER 14449 WATER BOTTLES 03/03/2015 I 32.00 018280 Cheque Amount- 32.00 001984 COMMISSIONAIRES 116308 BY-LAW ENFORCEMENT 02/14/2015 I 149.58 018281 Cheque Amount- 149.58 000218 CUPE LOCAL 35 Feb'15 remit UNION DUES 02/28/2015 I 397.94 018282 Cheque Amount- 397.94 001819 CWWA 2015 membership MEMBERSHIP 01/01/2015 I 294.93 018283 Cheque Amount- 294.93 000245 DAYTRIPPING 9687 DISPLAY AD 03/04/2015 I 367.25 018284 Cheque Amount- 367.25 000250 DEL-BAC SALES LIMITED 257321 SUPPLIES 02/27/2015 I 227.23 018285 Cheque Amount- 227.23 000272 DYNAMIC FLUID PRODUCTS INC 1-56270-0 HOSE,CRIMPS,NUTS 03/02/2015 I 278.14 018286 Cheque Amount- 278.14 001535 FLOWMETRIX TECHNICAL SERVICES 3758 FLOWMETER CALIBRATIONS 02/27/2015 I 775.28 018287 Page Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 49 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/05/2015 1:01 PM Accounts Payable Royal Bank Cheque Register- 03/05/2015 I Invoice Invoice Cheque Cheque I !Payee Number Date Type Amount Number Cheque Amount- 775.28 000404 HARRY'S SPRING SERVICE LIMITED 109309 RODS,NUTS,WASHERS,BUSHING 02/17/2015 I 966.32 018288 Cheque Amount- 966.32 000991 HORVATH AUTO PARTS 251013 FUELIWATER SEPARATOR,FILTEI 02/19/2015 I 79.02 018289 251082 FILTERS,GLOVES,PANEL 02/24/2015 I 61.48 018289 251127 FILTERS 02/25/2015 I 129.45 018289 Cheque Amount- 269.95 000427 HYDRO ONE NETWORKS INC Feb 200002670501 PUMP#8 02/24/2015 I 117.97 018290 Feb 200025823690 MILTON&WATERLOO STL 02/24/2015 1 15.08 018290 Feb 200033109101 PUMP#1 02/24/2015 I 501.77 018290 Feb 200123522494 PUMP#7 02/24/2015 1 74.24 018290 Cheque Amount- 709.06 000446 JACKIE RINGLAND Feb16-Mar16/15 MANAGER FEES 03/03/2015 I 856.61 018291 Cheque Amount- 856.61 000157 K&S WINDSOR SALT LTD. 5300182788 BULK SAFE-T-SALT 02/26/2015 I 6,015.94 018292 5300183569 BULK SAFE-T-SALT 03/02/2015 8,601.27 018292 Cheque Amount- 14,617.21 000510 KLASSEN AUTO PARTS 1-214540 RAD 02/24/2015 I 12.37 018293 Cheque Amount- 12.37 000623 MUNICIPALITY OF BAYHAM Jan-Mar'15 PETTY CASH 03/04/2015 I 271.20 018294 Cheque Amount- 271.20 000633 NATURAL RESOURCE GAS LIMITED Feb E12378-01 STRAF FIREHALL 02/24/2015 I 1,227.12 018295 Feb E20469-01 RICHMOND RD PUMP 02/24/2015 159.00 018295 Feb E22380-01 PUMP#5 02/24/2015 i 19.44 018295 Feb E24200-01 STRAFF COMMUNITY CENTRE 02/24/2015 I 786.42 018295 Feb E45407-01 OFFICE 02/24/2015 I 578.30 018295 Feb E45409-01 PUMP#2 02/24/2015 I 18.07 018295 Feb E45410-01 LIBRARY 02/24/2015 I 173.99 018295 Feb E51600-01 GARAGE 02/24/2015 2,311.45 018295 Feb F19290-01 EDISON MUSEUM 02/21/2015 I 413.93 018295 Page 2 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 50 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/05/2015 1:01PM Accounts Payable Royal Bank Cheque Register- 03/05/2015 Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number Feb F20600-01 VIENNA COMMUNITY CENTRE 02/21/2015 I 38.99 018295 Feb F26864-01 PUMP#6 02/21/2015 I 18.07 018295 Feb G06210-01 PB LIBRARY 02/23/2015 I 241.47 018295 Feb G06305-01 MARINE MUSEUM 02/23/2015 I 477.65 018295 Feb G06307-01 PB FIREHALL 02/23/2015 I 15.26 018295 Feb G40407-01 PB GARAGE 02/23/2015 I 562.75 018295 Feb G79205-02 FIREHALL-NOVASCOTIA LINE 02/23/2015 I 797.29 018295 Cheque Amount- 7,839.20 000634 NEBS BUSINESS FORMS LIMITED 215027188-5 WINDOW ENVELOPES 02/24/2015 I 206.96 018296 Cheque Amount- 206.96 000658 OMERS 041000 Feb'15 FEBRUARY REMIT 02/28/2015 I 18,401.28 018297 Cheque Amount- 18,401.28 002388 ONTARIO MUNICIPAL WATER ASSOCIATION 2015 membership MEMBERSHIP 03/05/2015 I 479.35 018298 Cheque Amount- 479.35 002304 PAUL SHIPWAY 018-Feb'15 REIMBURSE CELL PHONE USE 03/03/2015 I 55.00 018299 Cheque Amount- 55.00 001476 POLLARD HIGHWAY PRODUCTS LTD 51245 AGRIMELT 02/27/2015 I 7,607.08 018300 Cheque Amount- 7,607.08 000718 PRINCESS AUTO 1772471 FENDERS 02/19/2015 I 56.48 018301 Cheque Amount- 56.48 002086 QMI-SAI CANADA LIMITED IN199744 PROJECT MGMT,AUDIT 02/24/2015 I 1,412,50 018302 Cheque Amount- 1,412.50 001574 R-SAFETY RS1-187760 LAMP HAZZARD LED W/SWITCH 02/04/2015 I 905.23 018303 Cheque Amount- 905.23 000770 RODGER MARTIN #1 2015 JANUARY K-9 CONTROL 01/31/2015 I 1,130.00 018304 Cheque Amount- 1,130.00 001482 SUN MEDIA CORPORATION DM01379839 NOTICE OF PASSING-24 PITT ST 02/06/2015 I 222,85 018305 DM01379877 NOTICE-DERYK OPA 02/27/2015 I 209.73 018305 Page 3 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 51 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/05/2015 1:01 PM Accounts Payable Royal Bank Cheque Register- 03/05/2015 Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number DM01379879 NOTICE-BEST LINE FARMS 02/27/2015 i 235.94 018305 DM01379896 NOTICE-ROAD ALLOW CLOSING 02/04/2015 I 173.03 018305 DM1379878 NOTICE-FROESE ZBA 02/27/2015 I 235.94 018305 Cheque Amount- 1,077.49 001272 TAK MECHANICAL repair REPLACE THERMOCOUPLE-VCC 01/01/2015 I 183.06 018306 Cheque Amount- 183.06 002420 THE CCS GROUP 00001394 GOVERNMENT RELATIONS 03/03/2015 I 4,520.00 018307 Cheque Amount- 4,520.00 000893 TILLSONBURG COMMERCIAL PRINTER 33725 NEWSLETTERS,SOUTHWICK CAF 03/04/2015 I 333.35 018308 Cheque Amount- 333.35 001520 UTIL-EQUIP MANUFACTURING INC 7904 LADDER INSPECTIONS 02/24/2015 I 994.40 018309 Cheque Amount- 994.40 002408 WORK EQUIPMENT 37359 RENTAL TRACKLESS VEHICLE 02/09/2015 3,051.00 018310 37604 TRACKLESS TRACTOR RENTAL 03/02/2015 i 3,051.00 018310 Cheque Amount- 6,102.00 000986 WORKPLACE SAFETY&INSURANCE 1625314 Feb'15 FEBRUARY REMIT 02/15/2015 I 3,810.56 018311 Cheque Amount- 3,810.56 Cheque Run Total- 83,454.58 Page 4 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 52 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number 001966 10660 SPRINGERHILL LOGGING SUPPLIES 17 CHAINS,BAR,ADJUSTER 01/26/2015 I 174.92 018312 Cheque Amount- 174.92 000023 AAROC AGGREGATES LTD 27858 WINTER SAND 02/21/2015 I 219.40 018313 Cheque Amount- 219.40 000036 AGRO SPRAY LIMITED 0018058-IN 2'HOSE 02/27/2015 I 163.26 018314 Cheque Amount- 163.26 000075 AYLMER EXPRESS 0000189607 SPRING BRIDAL EDITION 02/2712015 I 40.50 018315 Cheque Amount- 40.50 000078 AYLMER GARDEN CENTRE 3095 FEB SNOWPLOWING 02/28/2015 I 7,051.20 018316 Cheque Amount- 7,051.20 000081 AYLMER TIRE 0000117801 INSTALL/BALANCE TIRES 03/06/2015 I 871.50 018317 0000117877 BRAKES,LIGHTS,SAFETY 03/11/2015 I 1,855.26 018317 Cheque Amount- 2,726.76 000175 CEDAR SIGNS 35640 SIGNS 02/2612015 I 176.21 018318 Cheque Amount- 176.21 002421 CHAITONS LLP reimburse credit CHRETIEN-56315 HERITAGE LINE 01/26/2015 I 278.70 018319 Cheque Amount- 278.70 001584 COCO PAVING INC. 13891266 QPR 01/31/2015 I 762.36 018320 Cheque Amount- 762.36 000205 CONSEIL SCOLAIRE DE DISTRICT 1st Qrtr Levy 2015 1ST QUARTER LEVY 03/11/2015 I 1,743.79 018321 Cheque Amount- 1,743.79 000206 CONSEIL SCOLAIRE VIAMONDE let qrtr levy 2015 1ST QUARTER LEVY 03/11/2015 I 628.44 018322 Cheque Amount- 628.44 000212 COUNTY OF ELGIN 1st qrtr levy 2015 1ST QUARTER LEVY 03/11/2015 I 795,943.00 018323 CN000001110 CPP PROGRAM,MCSCS,COMM 12/31/2014 C -16,514.50 018323 Page Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 53 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 rInvoice Invoice Cheque Cheque Payee Number Date Type Amount Number -i I IN000056978 2014 POLICE SERVICES BOARD 12/31/2014 I 2,662.01 018323 1N000057091 VANHARTEN SURVEYING 12/31/2014 I 5,499.12 018323 IN000057099 911 COSTS FOR 2015 01/30/2015 I 3,310.13 018323 Cheque Amount- 790,899.76 002422 DEENHAVEN FARMS LTD reimburse credit CREDIT ON TAX ACCOUNT 03/11/2015 I 1,062.44 018324 Cheque Amount- 1,062.44 001690 DOWLER-KARN 000108 UNLEADED GAS 02/12/2015 I 473.67 018325 000114 UNLEADED GAS 02/17/2015 I 589.49 018325 000128 UNLEADED GAS 02/23/2015 I 577.98 018325 003376 DIESEL 02/02/2015 I 3,115.13 018325 003390 DYED DIESEL 02/12/2015 491.79 018325 003391 DIESEL 02/12/2015 1,592.62 018325 003405 DIESEL 02/13/2015 I 877.91 018325 003426 DYED DIESEL 02/17/2015 I 789.92 018325 003427 DIESEL 02/17/2015 I 2,167.69 018325 003452 DIESEL 02/19/2015 i 1,155.17 018325 003467 DYED DIESEL 02/20/2015 909.05 018325 003477 DIESEL 02/23/2015 i 1,582.69 018325 003525 DIESEL 02/26/2015 I 1,630.09 018325 003527 DIESEL 02/27/2015 I 1,120.61 018325 19920 ROAD DIESEL 02/05/2015 I 2,445.92 018325 19921 DIESEL DYED 02/05/2015 i 1,028.18 018325 19975 DIESEL DYED 02/10/2015 444.36 018325 19976 ROAD DIESEL 02/10/2015 2,182.74 018325 19977 UNLEADED GAS 02/10/2015 I 741.19 018325 3037537 DIESEL EXHAUST FLUID 02/26/2015 I 180.69 018325 Cheque Amount- 24,096.89 000272 DYNAMIC FLUID PRODUCTS INC 1-56504-0 COUPLERS,NOZZLES 03/09/2015 I 92.23 018326 Cheque Amount- 92.23 000275 E.O.N.ASSOCIATION 2015 MEMBERSHIP MEMBERSHIP RENEWAL 02/26/2015 I 50.00 018327 Cheque Amount- 50.00 001708 EASTLINK 5198665521 March MONTHLY TELEPHONE 03/01/2015 1 1,294.73 018328 8127522450139559 Feb OFFICE INTERNET 02/24/2015 1 565.00 018328 Cheque Amount- 1,859.73 Page 2 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 54 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 Invoice Invoice Cheque Cheque Payee Number _ Date Type Amount Number 002344 EASTWAY911 EMERGENCY VEHICLES 39 RESCUE APPARATUS 03/11/2015 I 170,331.68 018329 Cheque Amount- 170,331.68 000299 ELGIN PURE WATER 0000178507 MONTHLY RENTAL 03/01/2015 1 114.70 018330 Cheque Amount- 114.70 000322 EVANS UTILITY 0000147366 WALL RECEPT,BASE METER 02/26/2015 I 216.73 018331 Cheque Amount- 216.73 000334 FASTENAL CANADA 0NT1S88641 GLOVES 02/26/2015 I 77.72 018332 Cheque Amount- 77.72 000357 G&K SERVICES CANADA INC 1518416087 FLOOR MATS-FIREHALL 03/09/2015 I 48.22 018333 1518416092 FLOOR MATS,SHOP TOWELS 03/09/2015 • 324.88 018333 Cheque Amount- 373.10 001027 GREEN LEA AG CENTER INC 0000151067 PUMP MOTOR-REPAIR KIT 03/09/2015 I 90.74 018334 0000151138 HYPRO PUMP 03/11/2015 I 30.34 Q1S334 Cheque Amount- 121.08 000427 HYDRO ONE NETWORKS INC Mar 200016501485 BOOSTER PUMP 03/09/2015 I 115.00 018335 Mar 200028297897 VIENNA STL 03/04/2015 I 976.07 018335 Mar 200028502207 PB HWY 19 STL 03/04/2015 I 2,149.29 018335 Mar 200033005532 MACNEIL CRT STL 03/04/2015 41.25 018335 Mar 200067775786 STRAF STL-HERITAGE LINE 03/04/2015 i 1,494.30 018335 Mar 200089740933 RICHMOND STL 03/04/2015 I 265.50 018335 Mar 200099048889 LIGHTHOUSE 03/09/2015 I 64.35 018335 Mar 200112248670 CORINTH STL 03/04/2015 I 362.94 018335 Mar 200114248991 EDEN STL 03/04/2015 I 801.13 018335 Cheque Amount- 6,269.83 000157 K&S WINDSOR SALT LTD. 5300179213 BULK SAFE-T-SALT 02/17/2015 I 3,003.66 018336 Cheque Amount- 3,003.66 000510 KLASSEN AUTO PARTS 1-212711 SCREWS 02/02/2015 I 7.46 018337 1-212820 TERMINAL,BATTERY 02/03/2015 1 222.50 018337 1-212862 TUBE BRUSH 02/03/2015 I 8.98 018337 Page 3 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 55 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 Invoice Invoice Cheque Cheque l Payee Number _ _ Date Type Amount Number 1-212938 BATTERY 02/04/2015 I 242.95 018337 1-212987 NYLON INSERT 02/04/2015 I 1.65 018337 1-212997 TERMINALS,GLOVES 02/04/2015 24.55 018337 1-213016 TERMINALS 02/05/2015 25.99 018337 1-213017 GLOVES 02105/2015 I 19.29 018337 1-213028 PART 02/05/2015 17.33 018337 1-213594 MINI BLADES 02/12/2015 I 4.47 018337 1-213627 SOLDER 02/12/2015 I 11.24 018337 1-213629 WASHER FLUID 02/12/2015 27.03 018337 1-213683 HALOGEN 02/13/2015 i 34.95 018337 1-213801 WIRE STRIPPERS 02/14/2015 I 40.22 018337 1-214121 BATTERY 02/19/2015 139.58 018337 1-214334 DRILL-X,LIQUID ELECTRICAL 02/23/2015 30.82 018337 1-214335 BLADE,BLADE BOX 02/23/2015 I 26.41 018337 1-214599 WIPERS,BLADE BOX 02/25/2015 64.91 018337 1-214630 FILTER,OIL 02/25/2015 I 44.95 018337 1-214711 CLEANER 02/26/2015 I 20.27 018337 1-214713 TRAILER HITCH,BALL 02/26/2015 I 31.91 018337 Cheque Amount- 1,047.46 000526 LAEMERS TRUCKING LTD Feb'15 snowplowing SNOWPLOWING 02/28/2015 I 13,085.40 018338 Cheque Amount- 13,085.40 000552 LONDON DISTRICT CATHOLIC 1st qrtr levy 2015 1ST QUARTER LEVY 03/11/2015 1 39,381.20 018339 Cheque Amount- 39,381.20 000610 MINISTER OF FINANCE 2015 operator licenc 2015 OPERATOR LICENCE 03/10/2015 I 75.00 018340 Cheque Amount- 75.00 000616 MORSE ELECTRIC 6539 STRAF LIBRARY-LIGHT FIXTURE 03/05/2015 I 98.37 018341 6540 STRAF LIBRARY-OUTSIDE LIGHT 03/05/2015 75.71 018341 Cheque Amount- 174.08 000627 MURRAY'S HEATING&AIR 6416 SERVICE BOILER 03/03/2015 I 514.99 018342 Cheque Amount- 514.99 001900 NATIONAL LEASING 15874543 QUARTERLY BILLING LEASE 03/04/2015 1 1,318.43 018343 Cheque Amount- 1,318.43 001480 NEVTRO SALES(2004)LTD Page 4 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 56 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 I Invoice Invoice Cheque Cheque 7 1 Payee Number Date Type Amount Number 75096 WATER PUMP 02/25/2015 I 225.01 018344 Cheque Amount- 225.01 000647 NORFOLK DISPOSAL SERVICES 0000281211 GARBAGE DISPOSAL 02/28/2015 I 37,694.14 018345 Cheque Amount- 37,694.14 001484 PELMOREX CANADA INC. 265-100612 LOCAL AREA FORECAST 02/28/2015 I 339.00 018346 Cheque Amount- 339.00 000716 PRAXAIR DISTRIBUTION 20391215 CYLINDER RENTALS 02/27/2015 I 29.05 018347 Cheque Amount- 29.05 000727 PUROLATOR COURIER LTD 426894006 COURIER SERVICE 02/27/2015 I 74.12 018348 Cheque Amount- 74.12 000737 RAMONA PEIDL 232804 FEB'15 CLEANING 02/28/2015 i 1,146.95 018349 232805 FEB VCC CLEANING 02/28/2015 I 526.30 018349 supplies Feb'15 SUPPLIES 02/28/2015 I 39.88 018349 Cheque Amount- 1,713.13 000742 RBC LIFE INSURANCE COMPANY 21842 Feb'15 FEBRUARY REMIT 03/10/2015 I 68.73 018350 Cheque Amount- 68.73 000743 RBC ROYAL BANK 451605000527 9124Fe' PARKING-CONFERENCE 02/24/2015 I 81.00 018351 4516050005279124 Fe' SAFETY WATCH 02/17/2015 I 16.94 018351 4516050005279124 Feb 1P4 COMMUTER 02/24/2015 50.84 018351 Fe'4516050005279124 IP4 COMMUTER 02/13/2015 I 50.84 018351 Feb 4516050005279124 TRAVEL EXPENSE 02/13/2015 I 28.18 018351 Cheque Amount- 227.80 000826 SOUTHWEST CHAPTER OF THE OBOA membership renew 2015 MEMBERSHIP 03/10/2015 I 30.00 018352 Cheque Amount- 30.00 000857 STRONGCO EQUIPMENT 814166 STARTERS 03/05/2015 I 947.23 018353 815217 CREDIT-STARTERS 03/09/2015 C -947.23 018353 815218 KIT 03/09/2015 1 411.40 018353 Cheque Amount- 411.40 000879 THAMES VALLEY DISTRICT SCHOOL Page 5 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 57 of 254 2014.04.01 8.0 9759 MUNICIPALITY OF BAYHAM 03/12/2015 12:49PM Accounts Payable Royal Bank Cheque Register- 03/12/2015 ' Invoice Invoice Cheque Cheque Payee Number Date Type Amount Number 1st grtr levy 2015 1ST QUARTER LEVY 03/11/2015 I 310,260.08 018354 Cheque Amount- 310,260.08 002423 TRUE MASON'S 322820 CONCRETE ON SIDEWALK 01/01/2015 I 536.75 018355 Cheque Amount- 536.75 000930 TSC STORES L.P 181010440 COUPLER CAM&GROOVE 02/25/2015 I 18.07 018356 181018418 EXTENSION CORD 02/12/2015 I 50.84 018356 181019349 SALT SELECT 02/19/2015 I 60.95 018356 Cheque Amount- 129.86 002332 TUC MANAGED IT SOLUTIONS LTD. CW24875 SERVICE AGREEMENT 03/01/2015 I 1,433.12 018357 Cheque Amount- 1,433.12 000932 UNDERHILL FARM SUPPLY LTD 275285 SUCTION HOSE 02/26/2015 I 26.56 018358 Cheque Amount- 26.56 000953 VIENNA HOME CENTER LTD 411533 SNOW SHOVEL 02/09/2015 I 24.85 018359 411709 BATTERIES,DUCT TAPE,SILICON 02/18/2015 I 32.07 018359 Cheque Amount- 56.92 001059 WILLIAM KNIFTON OBOA 2015 REIMBURSE REGISTRATION 03/11/2015 I 846.37 018360 Cheque Amount- 846.37 Cheque Run Total- 1,422,233.69 Page 6 Cheque Register being Cheque#018274 to Cheque#018360 inclu... Page 58 of 254 n zr 4D 0 10/ Co n 04 cii. CD n cr n ADP CANADA RUN: MAR 3 2015 NO: A P A , R O L L TECHNOLOGIES PAGE: 1557 bQ n DAILY UPDATE R E P O R - Coo BORN C OMPANY TO ALS HST REG: 100057413RT0004 .: MUNICIPALITY OF BAYHAM COMPANY PAGE: 3 n DEBIT DATE: MAR 4, 2015 It CD TOT PACKETS - 2 DATE OF PAY: MAR 6, 2015 00 N J CURRENT ADJUST-DR ADJUST-CR CURRENT TOTAL YTD ADJUST YTD TOTAL 44 O FEDL TAX 9,872.23 9,872.23 46,850.83 FEDL TAX (l NR TAX NR TAX N PROV TAX PROV TAX ,9 II CONT 2,401.48 2,401.48 11,641.43 EI CONT OPIP QPIP 0 It CAN PEN 5,275.82 5,275.82 25,550.16 CAN PEN O QC PEN QC PEN O0 QC HSF QC HSF W ON EHT 1,124.04 1,124.04 5,475.60 ON ENT CD O MB HET MB HET • NL HAPSET ML HAPSET n TOT STATS 18,673.57 18,673.57 89,518.02 TOT STATS CHEQUES CHEQUES DEPOSITS 39,972.09 39,972.09 194,323.08 DEPOSITS US DEPS US DEPS DED DEPS OED DEPS SAY DEPS SAV DEPS TOT NPAY 59,972.09 39,972.09 194,523.08 TOT NPAY RRSP RRSP RTI RTI TOT PAYROL 58,645.66 58,645.66 283,841.10 TOT PAYROL SERV CHR6 181.25 181.25 1,282.41 SERV CHRG HST 23.56 23.56 166.70 HST GRAND TOT 58,850.47 58,850.47 285,290.21 GRAND TOT `tJ ANALYSIS OF SERVICE CHARGES P Orq CD ITEM UNITS CHARGE ITEM UNITS CHARGE ITEM UNITS CHARGE LOI SALARIED WORKPAYS 17 31.11 HOURLY WORKPAYS 14 25.62 PAYROLL RUNS 1 53.53 PAY ADVICE FOLD 31 8.06 GOVT TAX FORM 1 40.00 COURIER FEE 1 13.41 p DELIVERY SURCHARGE 1 1.50 SDR CRA 1 4.01 50R EHT 1 4.01 .-0 N TOTAL S/C SUBJECT TO HST IS 181.25 LA TOTAL PAYROLL DEBIT IS 56,850.47 DEBIT INFORMATION: XXX XXXXX XXX1923 Ai 37-11 ° igiriTh- , :- ;,, ;; -1,'F(1•1,7" ,'-� . .y r rte i : ..7 ►1 0. .! 70000. Strafford ville Libr. ry March 2015 Welcome to our NEW newsletter format.To receive the newsletter Branch Hours through email, enter your address at: v http://www.elgincounty.ca/library/branches/straffordville. PvIronday, Turk di31 Thursday: '1 O m -aprri rnday 10arri - 51int March Break Saruri y: ,pm -41in) € f:1St;[t.1t Siint!ay Wednesday Yvette the Puppet Lady I Monday, March 16, 2:00 p.m. Library basement Weekly Programs International, award-winning entertainer! every Monday: Free Show-all ages welcome! — fd ° smart me(ages 3-=,) B:aly&We le;Je 11-31 16]1t1-'rt_1n Home Alone Course 7 r ` Thursday, March 19, 10 a.m. to 1:00 p.m. Monthly Programs I vp , Ages 10 and up 6:30 =7:30 $10 registration fee to confirm your spot. Kiril Ktalner {Gr. 131 E__,-i. ; Contact the library. fid, r r s ayr Boys'Club (Cr. -i.6y Wii Cyber Camp 1oiad Thlar;r1 ;. Girl r'.Club(Gr. 46) Friday, March 20 @ 1 p.m. third Tuesday. A fun afternoon of Wil games in the basement. Ages 9 and up llTeett ?Gr 7 up} s rand Mut--1day Youth Employment Counselling Adult 14�c�1 (jai dist Mry-pda} 7 Emuroyr,maltemate Mondays - March 2, 16, 30 s Dates erg , 4:30-6:00 p.m 1. ages 15-30 setup a resume,talk to someone Computer Training inIg about job postings in the area Ccir]tarr Faith, r•ur Youth tntern, to r3'rrdinge or Straffordville Library comp1imr J€Ssons, galore the 9366 Plank Road P.O. Box 209 end of Meimhl Straffordville, Ontario NOJ 1Y0 I (519) 866-3584 Ao `'`Ih"' 1`j lim s '° nc a sarid . ' http://www.elgincounty.ca/library T)urarya' - 8 Elgin County Library re Straffordville Library March 2015 Ne... Page 60 of 254 March 2015 in N Sunday Monday Tuesday Wednesday Thursday Friday Saturday o 1 2 3 4 5 6 7 —, vn Storytime 10:15-11:15 tu Baby&Me 10:30-11 Knitting circle 10:30 Youth Intern 4-8 ao Youth Intern 4-8 Super Mario Bros 5:30 Adult Book Club 7-8 Kidz Korner 6:30-7:30 8 9 10 11 12 13 14 Storytime 10:15-11:15 Baby&Me 10:30-11 Youth Intern 4-8 Knitting circle 10:30 Youth Intern 4-8 Boys'Club 6:30-7:30 Teen Club 6:30-7:30 15 16 17 18 19 20 21 March Break Yvette the Puppet Home Alone Course pp 10:00-1:00 Knitting circle 10:30 Activities!!! Lady @ 2:00 Youth Intern 4-8 Wii Cyber Camp @ 1:00 Youth Intern 4.8 22 23 24 25 26 r27 28 6. Storytime 10:15-11:15 Z Baby 6 Me 10:30-11 Knitting circle 10:30 v' Youth Intern 4-8 N Youth Intern 4-8 Girls Club 6:30-7:30 0 29 30 31 Storytime 10:15-11:15 Baby S Me 10:30-11 -fl 1-4N Youth Intern 4-8 -3 s. o ct s. Straffordville Library 9366 Plank Road P.O. Box 209 ElgiT `,' "i Straffordvil!e, Ontario NOJ 1Y0 I (519)866-3584css Library w http://ww.elgincounty.ca/library a N o U oz to W f3, f Please bring y� s 4, along your own pen or HOME ALONE _,COU.RSE _ pencil and a This is an entertaining workshop designed to nut-free prepare children to look after themselves during times they spend alone at home. snack. Thurs., Mar. 19, 2015 10:00am - 1:00pm t � �E� lgin ,r,,, Straffordville Library Cost: $10.00 Straffordville Library Please register at the library. 9366 Plank Road P.O.Box 209 Straffordville,Ontario NOJ 1Y0 (519)866-3584 http://www.elgincounty,cailibrary For all kids ages 10 and up. Elgin County Library re Straffordville Library March 2015 Ne... Page 62 of 254 Elgin County Library re Straffordville Library March 2015 Ne... Page 63 of 254 Call to order February 9'',2015 7:00 Straffordville Fire Hall Motion made by Jerry Taylor that Dennis Ball be added to the Straffordville Cemetery Board upon municipal approval. Seconded by Dave Andrews. Motion Carried Members in Attendance at the meeting: Chairman Perry Grant Jerry Taylor Dave Andrews Joe Nevill Dennis Ball Jim Tait Second Vice Al Stewart-Absent Old Business Nothing arriving from last year's meeting Treasurer's Report 2014 brought in$14675.22 with care and maintenance Expenses: $6754.77 Expenses Re:2 plots bought back by cemetery board. Lawn Care and$12 per burial opening Balance on hand as of December 31'`: $16467.38 Moved by Joe Nevill and Seconded by Dennis Ball to accept treasurer's report. Motion Carried. New Business: Was mentioned that metal stake removal for those unnecessary to be done and those necessary to try and protect people from injury. Jerry Taylor has requested to look after obtaining two plastic drums to be filled by the Fire Department for Decoration Day. Investment of$7000 was due February 25th and was agreed to reinvest for five years at that amount. Monies in account will remain as we are currently looking at purchasing a urn container above ground at a cost of$6500 which will hold 24 singles or 12 doubles at a cost of$6500. Cemetery board will be responsible for the base and undecided whether this is a shipped-in price or freight is on top of quote. Jerry Taylor has volunteered to look at the closest unit which is at Lucan,and is going to find cost of burial and how many need to be sold before investment return. Jim Tait has requested grass seed and small float this coming year.This was arrived at and would issue checks upon needs.Moved by Joe Nevin,Seconded by Dave Andrews to accept motion. Carried Straffordville Cemetery Board minutes of meeting held Februa... Page 64 of 254 Board of Directors for 2015 are: 1 year-Dave Andrews,Jim Tait,Joe Nevill 2 years-Jerry Taylor and Second Vice Al Stewart 3 years-Chairman Perry Grant and Dennis Ball Business meeting to be called in spring 2015 to proceed with urn containment.Possibility of closing off well. Decoration Day 2015-3'd Weekend in August(15th and 16Th)Motion carried by Dave Andrews, seconded by Dennis Ball. Meeting adjourned at 8:30. Motion Carried Minutes prepared by Daniel Grant Straffordville Cemetery Board minutes of meeting held Februa... Page 65 of 254 Ontario Human Commission ontarienne Rights Commission des droits de la personne Office of the Chief Commissioner Cabinet de la commissaire en chef 1 * 180 Dundas Street West,9`"Floor 180,rue Dundas ouest,9°stage Toronto ON M7A 2R9 Toronto ON M7A 2R9 ��► Tel.:(416)314-4537 Tel.: (416)314-4537 Ontario Fax.:(416)314-7752 Telel.:(416)314-7752 VIA Email February 26, 2015 Dear Colleagues, Re: Applying a human rights lens in zoning, licensing and municipal decision-making As new and returning mayors, councillors and elected officials, you play a central role in ensuring that municipal processes and decisions respect the human rights of all community members. The Ontario Human Rights Commission (OHRC) has worked for several years with governments, experts and community partners to increase human rights compliance in housing, land use and licensing. I'm writing to share some positive developments in these areas, and to point out some OHRC resources that can help you make your community more inclusive. In 2014, Toronto and Smiths Falls removed minimum separation distance (MSD) and other zoning restrictions for group homes, as part of human rights settlements with the Dream Team, a mental health consumer-survivor group. This follows similar moves by Sarnia in 2011 and Kitchener in 2012. In each case, there was no planning justification for MSDs. In fact, Toronto's own external planning expert recommended they be removed because they contravened the Human Rights Code. Over the past few years, several other municipalities have recognized their human rights obligations by preventing or removing zoning, licensing and other barriers to housing and services (such as methadone clinics)that are needed by Code-identified groups. The Ministry of Municipal Affairs and Housing has also reinforced the requirement to meet Human Rights Code obligations in municipal work by adding human rights language to two key resources: • Section 3 of the Municipal Councillor's Guide 2014 [www.mah.gov.on.ca/AssetFactory.aspx?did=4965] now refers to Code protections • Section 4.6 of the 2014 Provincial Policy Statement under the Planning Act[www.mah.gov.on.ca/Page10679.aspx] now states that the PPS shall be implemented in a way that is consistent with the Code and the Charter of Rights and Freedoms. 1 Ontario Human Rights Commission re Applying a Human Rights L... Page 66 of 254 Also in 2014, several Ontario planning schools and organizations added human rights content to courses and ongoing professional education. We continue to work with them to ensure that new graduates and practicing planners incorporate human rights principles in their work. The OHRC provides several tools to help elected officials, staff and advocates improve human rights in housing, planning, licensing and other municipal decisions. • Our municipal guides, In the zone: Housing, human rights and municipal planning [www.ohrc.on.ca/en/zone-housing-human-rights-and-municipal-planning]; and Room for everyone: human rights and rental housing licensing [www.ohrc.on.ca/en/room-everyone-human-rights-and-rental-housing-licensing] identify human rights risks and best practices in zoning and licensing. • Our Neighbourhood housing tip sheet[www.ohrc.on.ca/en/neighbourhood- housing-tip-sheet-fact-sheet] offers suggestions for responding to community concerns about affordable supportive and rental housing, including discriminatory opposition that is based on stereotypes, assumptions and misinformation about people or the impact on the neighbourhood. • Municipalities can also spread the message about human rights in housing by sharing our landlord and tenant brochures, fact sheet on fair rental housing ads, and Policy on human rights and rental housing with community members and organizations. These publications are available in both English and French on our website at www.ohrc.on.ca/en/social_areas/housing. To order printed copies, email us at communications@ohrc.on.ca. Municipalities are the level of government that is closest to the daily lives of people across Ontario. The decisions you make can have an immediate impact on the human rights of your residents. I challenge you to look at your planning, bylaws and decision- making processes, and to apply a human rights lens to help your neighbourhoods and communities be supportive, welcoming places for everyone to call home. If you would like more information on human rights, municipal decision-making and housing, please contact Jacquelin Pegg at 416-326-9863 or via email at jacquelin.pegg@ohrc.on.ca. Yours truly, Barbara Hall, B.A., LL.B., Ph.D. (hon.) Chief Commissioner 2 Ontario Human Rights Commission re Applying a Human Rights L... Page 67 of 254 Clv ` LONG POINT REGION CONSERVATION AUTHORITY ulTiBOARD OF DIRECTORS MINUTES — February 4, 2015 T (as approved at the Board of Directors meeting held February 27, 2015) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Noel Haydt, John Scholten, Tom Southwick Staff in attendance: C. Evanitski, D. Holmes, J. Robertson, J. Maxwell, L. Minshall, C. Jacques, J. Miller, P. Gagnon and D. McLachlan Regrets: Roger Geysens, Craig Grice, David Hayes The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, February 4, 2015 in the Tillsonburg Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS: None MINUTES OF PREVIOUS MEETINGS MOTION A-16/15 moved: J. Scholten seconded: D. Brunton THAT the minutes of the LPRCA Board of Directors Regular Meeting held January 14th, 2015, be adopted as amended. CARRIED BUSINESS ARISING a) 2014 PLANNING & REGULATIONS FEE SCHEDULE Staff presented the analysis and comparisons reports for the planning and regulations fees presented at the 2014 Draft Budget Meeting. It was noted in the FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 1 - Long Point Region Conservation Authority Board of Directors ... Page 68 of 254 original report that fees were increased by 65% in 2012 and then again by 49% in 2014 leading staff to recommend not raising the planning and regulations fees for 2015. The Interim Manager of Watershed Services pointed out that the report detailing the staff time to complete the various types of development applications were for basic, straightforward applications and approvals. Vehicle costs for site visits were also included where applicable. The cost of an individual application could be significantly higher if the application is complex, extra meetings or site visits are required, violation discussions/notices are needed, or it becomes necessary to field related inquiries and manage neighbour complaints. MOTION A-17/15 moved: T. Southwick seconded: J. Scholten THAT the LPRCA Board of Directors receives the 2014 LPRCA Planning & Regulations Fee Schedule report as information. CARRIED REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE MOTION A-18/15 moved: J. Scholten seconded: N. Haydt THAT correspondence outlined in the Board of Directors'Agenda of February 4th, 2015 be received as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved seven applications since the last meeting in January: LPRCA- 201/14, LPRCA-202/14, LPRCA-1/15, LPRCA-2/15, LPRCA-3/15, LPRCA-4/15 and LPRCA-9/15. No questions or comments. MOTION A-19/15 moved: T. Southwick seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres,Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 2- Long Point Region Conservation Authority Board of Directors ... Page 69 of 254 b) New Applications The Planning Department sought approval for five applications all within Norfolk County, three at Long Point. Staff explained that LPRCA's mandate concerns any works having an impact on flooding and erosion or a risk to life and property. Any clean-up efforts must adhere to the same rules as any construction works meaning the clean-up must not negatively impact the natural processes and must not create a new hazard or aggravate an existing hazard. There are two outstanding permit applications connected to LPRCA-7/15 and LPRCA-8/15 that are being reviewed and discussed with the proponent. MOTION A-20/15 moved: J. Scholten seconded: T. Southwick THAT the Board of Directors of the LPRCA approves the Development Applications as per the staff report dated February 4th, 2015. CARRIED NEW BUSINESS a) CALENDAR REVIEW The staff at Backus Heritage Conservation Area has been developing new outreach programs to be taken into classrooms along with on-site programs. The Outdoor Educator will be launching a new Learn to Snowshoe pilot program at Port Rowan Public School for Grades two to four. The online campsite reservations opened February 1st and the Annual General Meeting is scheduled for Friday, February 27th at 1:30pm. The Source Protection Plan Public Consultations are scheduled for February 17th in Tillsonburg and February 19th in Simcoe. MOTION A-21/15 moved: N. Haydt seconded: J. Scholten THAT the LPRCA Board of Directors receives the February Calendar Review Report as information. CARRIED b) GENERAL MANAGER'S REPORT Staff clarified the meaning of the high-water mark which represents the 100-year flood elevation in relation to building along the lake shore. The high-water mark used in the CA Regulation is 176.5' based on studies completed approximately twenty years ago. Staff has been working with neighbouring CAs and municipal partners to complete phase one of an updated Shoreline Management Plan. The new Lake Erie Shoreline Management Plan will be used to provide recommendations for sustainable development of the shoreline ecosystems and land uses. Phase one encompasses the FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres,Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 3- Long Point Region Conservation Authority Board of Directors ... Page 70 of 254 coastal zone of Lake Erie within Elgin County and is approximately 60% complete. The second phase will be focused in Norfolk County and then the final phase with be the shoreline situated within Haldimand County. The Board asked for clarification on LPRCA's position on Silver Lake. LPRCA does not own Silver Lake or the dam but has offered assistance to Norfolk County. The recent Phragmites Workshop at Backus Heritage Conservation Area was well attended by various partners, landowners, stakeholders and government staff. The presenters, including Lee Brown Marsh staff, detailed various control efforts to date and options for the future including new products that are not yet available in Canada. MOTION A-22/15 moved: J. Scholten seconded: N. Haydt THAT the LPRCA Board of Directors receives the General Manager's Report for January 2015 as information. CARRIED c) ROOTED IN NATURE Rooted in Nature is a new partnership event based on the successful Butterfly/ Dragonfly Festival. It is anticipated that the new event will draw an expanded demographic to Backus and, following a post-event evaluation, the hope is that it will become an annual festival that will continue to grow. MOTION A-23/15 moved: R. Chambers seconded: J. Scholten THAT LPRCA Board of Directors receives the staff report pertaining to the Rooted In Nature Pilot Program as information; AND THAT the appropriate signing officers be directed to sign the attached Memorandum CARRIED d) PERSONNEL POLICY AND PROCEDURES REPORT The current P&P's were outdated; therefore, the entire contents were reviewed and revised. Going forward, the P&P's will be reviewed annually by staff and an ad hoc committee of the Board. The Board would like a further review of Section 17, Sick Leave Policy, and for staff to provide comparisons with the various neighbouring municipalities and conservation authorities. It was clarified that section 1.4.5 c) Email Usage pertains to the privacy and confidentiality of external contact information. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres,Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 4- Long Point Region Conservation Authority Board of Directors ... Page 71 of 254 MOTION A-24/15 moved: R. Chambers seconded: T. Southwick THAT the LPRCA Board of Directors approves the updated LPRCA Personnel and Administrative Policies Manual; AND THAT said policies be reviewed by a subcommittee of the Board and Senior Management on an annual basis. CARRIED e) LONG POINT SOURCE PROTECTION PLAN UPDATE Following the comments provided by the Ministry of Environment and Climate Change (MOECC) to the original submission, the Long Point Source Protection Plan has been revised and is now entering the public consultation phase. There are two public open houses scheduled in February and the revised Plan will also be posted on the Lake Erie Source Protection Region website as of February 9th for the 35-day review period. A link is provided through LPRCA's website. The Municipality of Bayham's Richmond System was not included in this version as directed by MOECC which will require a public consultation at a later date. MOTION A-25/15 moved: J. Scholten seconded: N. Haydt THAT the LPRCA Board of Directors receives the Long Point Source Protection Plan Update as information. CARRIED f) MEMBER PER DIEMS REPORT The member per diems and Chair's honourarium were last adjusted in 2009. As per the 1992 administrative policy, per diem increases are based on a calculation tied to the annual percentage increases awarded to employees. Therefore, staff requested authorization to submit to the Ontario Municipal Board (OMB) a $5 increase for member per diems ($60 to $65) and a $175 annual increase to the Chair honourarium ($2100 to $2275). MOTION A-26/15 moved: T. Southwick seconded: J. Scholten THAT the LPRCA Board of Directors authorizes the General manager to request OMB approval to increase the per diem rate paid to members for attendance at meetings and for attending to the business of the Authority, to$65.00; THAT OMB approval be sought to set the Chair's honorarium at$2,275 annually;AND THAT both take effect January 1st, 2015. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres,Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 5- Long Point Region Conservation Authority Board of Directors ... Page 72 of 254 g) TOBACCO BOARD LEASE The Ontario Flue-Cured Tobacco Board has occupied the south part of the building since LPRCA bought the building in 2009. The current lease has been on a month-to month basis but effective January 1st, 2015, the organization is now operated by the Ministry of Economic Development, Employment and Infrastructure and has requested a 6-month lease agreement with an option of two 6-month extensions. MOTION A-27/15 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors approves the License Agreement from the Minister of Economic Development, Employment and Infrastructure for office space at the Administration Office Building; AND THAT the Chair and General Manager be directed to execute said agreement. CARRIED h) 2015 TREE STOCK ORDER Each year staff orders a variety of tree seedlings to support the various watershed programs provided by LPRCA. This year staff is proposing to order over 45,000 seedlings. Staff explained the nursery codes for the different products listed which is important for staff to identify the age of the stock and how vigorous they are based on the growing seasons of the past few years. MOTION A-28/15 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors approves the 2015 tree order as presented by the Lands & Waters Supervisor at its regular meeting of February 4th, 2015. CARRIED The Chair adjourned the meeting at 8:05pm. Michael Columbus Dana McLachlan Chairman Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres,Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens,Craig Grice, Noel Haydt, David Hayes,John Scholten,Tom Southwick - 6- Long Point Region Conservation Authority Board of Directors ... Page 73 of 254 E9 .- i ' r ;amCOY tt 44+ MAR 12 2015 MUNICIPALITY OF BAYHAM V HOUSE OF COMMONS March,2015 CHAMBRE DES COMMUNES CANADA Joe Preston MP Elgin-Middlesex-London To:Organizations Recognizing their Volunteers RE:Volunteer Appreciation Week Volunteering is part of our identity as Canadians.Across the country over 12.5 million volunteers help make Canada more vibrant,safe and a great place to call home. A volunteer action is like a stone thrown in a lake:its effect has a direct impact.At the same time,like ripples,volunteer efforts reach out far and wide to improve communities. This year's theme is"Volunteers are part of the ripple effect". The 2015 National Volunteer Week Campaign is approaching us quickly. Throughout the week of April 12th- 18th,communities throughout Canada will be celebrating their volunteers. The Office of joe Preston,Member of Parliament would like to acknowledge your volunteers and we are requesting that a list of volunteers is submitted to our office. Please submit your list by email to joe@ijoeprestonmp.ca or by mail to Joe Preston,MP— 2-24 First Ave.—St. Thomas,ON N5P 2K4 If you have any questions,please feel free to contact my office directly. 1 1 House of Commons Sincerely, Room 1080 La Promenade Building Ottawa,Ontario KIA 0A6 Tel:613-990-7769 Fax:613-996-0194 joe.praston d arlgc.ca Karen Vecchio Constituency Executive Assistant to 24 First Avenue Joe Preston Unit z Member of Parliament St Thomas,Ontario N5R 4M5 Elgin-Middlesex-London Tel.:519-637-2255 Toll-Free:1-866-404-0406 Fax:519-637-3358 joe@foeprestonmp.ca www.joeprestonmp.ca Joe Preston,MP,Elgin-Middlesex-London re Volunteer Appreci... Page 74 of 254 Adow E v ED !lain ii MAR -9 2015 MUNICIPALITY OF BAYHAM Mayor Paul Ens and Members of Bayham Council 9344 Plank Road, P.O. Box 160 Straffordville, On NOJ 1Y0 Rei InVaVitr.ctivizrthe,7Ar /W Tournament It is my pleasure to invite you to Elgin County's Annual Warden's Charity Golf Tournament. On behalf of County Council,we hope you will be able to join the seven municipalities within Elgin County(Town of Aylmer, Municipality of Bayham, Municipality of Central Elgin, Municipality of Dutton-Dunwich, Municipality of West Elgin, Township of Malahide, Township of Southwold,)who are working together to make this year's event a success. The Warden's Charity Golf Tournament is organized by the Elgin County United Way Special Events Committee(ECUWSEC)and all proceeds will be directed to the Elgin-St.Thomas United Way. As a sponsor and participant you can make a difference and help raise funds for this worthy cause and also have some fun, socialize and network with others who recognize the importance of giving back to the community. This year's tournament will take place at the St. Thomas Golf and Country Club located in Union, Ontario in the Municipality of Central Elgin. Save the Date: Thursday,June 25,2015. Registration will begin at 9:00 a.m. with a shot gun start at 10:30 a.m. We have included our tournament brochure for you to review. There are many levels of sponsorship available to suit any budget. Please take a moment to decide how you and your organization can support the local community this year. If you can take it to the next level, please consider the people you will be helping by doing so. Even a small amount can go a long way! The cost to play this year is$135 per player but for a limited time,we do offer an Early Bird Discount! Register and pay by May 1, 2015 and be eligible to receive the benefit of the discounted price of$125-00 per player. Limited spaces are available so sponsorship and registration will not be confirmed until your payment is received in full. The past three tournaments were sold out with a wait list, so don't be disappointed. We thank you in advance for your support and we look forward to hearing from you this year. Paul Ens Warden, County of Elgin Cre of 7:161n Administrative Services 450 Sunset Drive St.Thomas,ON N5R 5V1 Phone:519-631-1460 www.elgincounty.ca 'Vita a`v.P•':ir r +ai7uu i Elgin County re Annual Warden's Charity Golf Tournament Page 75 of 254 RE C E I V E PORT BURWELL LAKERS MAR 1 1 2015 MENS FASTBALL TEAM 2015 MUNICIPALITY OF BAYHAN The 2015 fastball season is approaching quickly and I am very proud to announce I have accepted the Head Coach/Managers position within this young and exciting ball club. The Lakers have experienced positive results over the last two seasons winning back to back" B " championships while earning the respect of the Tri County Mens Fastball League Teams along the way. The Lakers have added depth this year with the signing of additional pitching and strong defensive players while enhancing their reputation as a very productive offensive team. The Tri County League consists of top level mens teams such as Woodstock, Sweaburg, Innerkip, Norwich, Burgessville, Oxford Centre, Straffordville, Tavistock, Harwood Corners and Hickson. The Lakers will also be competing within 3 very popular elimination tournaments this season at Woodstock (May),Brussels ( July)and Niagara Falls (August). With the seasons game total reaching up to 50 games between exhibition, regular season, tourneys and playoff competition it demands a very strong committment from both players and coaching staff to work hard towards achieving the best possible results for the team, community and sponsors they so proudly represent. There are many costs associated with operating a competitive fastball team. including Community ball park and ball diamond maintenance and upgrading, league fees, insurance, equipment, uniforms, umpires and tournament entry fees. The players all look after their own personal expenses as well as pay a season fee helping offset the costs but it falls well short of covering the overall expenses of operation. The Lakers therefore must reach out to our tremendous sponsors for help towards ensuring financial balance within the upcoming 2015 season. Please consider joining our Lakers Team this year with your greatly appreciated sponsorship support and enjoy the benefits. Thankyou for your consideration, Al Lovell, Head Coach/Mgr, ( lovells@amtelecom.net ) Port Burwell Lakers re Mens Fastball Team 2015 Page 76 of 254 Port Burwell Lakers 2015 Mens Fastball Sponsorship Team Options * Gold Sponsorship— $ 500 * * Sponsors name proudly displayed on 4 ball jerseys, ball park sign as you enter the park, Team Banner to be hung behind players bench at all games, a local newspaper add announcing the Lakers season schedule and a Lakers Team picture for your business or office wall. * Silver Sponsorship — $ 300 * * Sponsors name proudly displayed on 2 ball jerseys, ball park sign as you enter the park, Team Banner to be hung behind players bench at all games, a local newspaper add announcing the Lakers season schedule and a Lakers Team picture for your business or office. * Bronze Sponsorship— $ 150 * * Sponsors name proudly displayed on ball park sign as you enter the park, Team Banner to be hung behind players bench at all games, a Lakers Team picture for your business or office. Yes, I would like to join your 2015 Lakers Sponsorship Team . Name - Phone # Address - Contact Level of Sponsorship THANKYOU !! LAKERS BALL —CATCH THE WAVE !! Port Burwell Lakers re Mens Fastball Team 2015 Page 77 of 254 if The Curpuraativn of the Municipality of `t �,11 Central Elgin�� 450Rinse,Drive,l.Flocr,Si.Thoma,Onwrio NSRSVI P:519.631.4860 F:Si9.ni.zin6 t u the Mayors and Councils of Elgin County. I am sensing this letter as a formal request to initiate discussions on the recent changes to cost-sharing of OPP-supplied Court Security expenses at the County Administration building. As you are aware, with the changes to the uPt' billing model, the allocation method by which court secur ity Costs have previously been shared has changed. Prior to the new model,the cost of security was charged to the court directly and as a result, costs were shared according to an allocation formula representing a rolling average of incidents by municipality and were taken as a redaction of revenue attributed by the court to the each municipal partner. This was a fair and equitable way to handle this. Beginning in 2015, these court costs are now charged directly to the "Host" Municipality through their individual OPP billing. For Central Elgin,this represents a cost of just over $146,000. It is Central Elgin's position that this is an unfair and unjustifiable expense for one municipality to bear given the previous cost-sharing arrangements. I trust that if the Court resided in your municipality that you would also feel that these costs should be shared as before. We have since been notified that the offsetting grant for security costs is being sent to the Police services Board for distribution to the partner municipalities. It would be Central Elgin's position that not only should the grant dollars be netted directly off the court security costs but then the residual conn security charges would be attributed to each municipality using the same average incident formula as used previously. It certainly is not reasonable for Central Elgin to bear the full expense or court security costs as the "host" municipality but then also attribute grant revenues to municipalities who are not sharing in the burden of the grant-generating costs. ./2 O o The Municipality of Central Elgin re Recent Changes to Cost-... Page 78 of 254 At our last Luunty Council meeting we all agreed to request the use of the Court facilities in St I homas. As I mentioned at the time, if we were successful, the security costs should be invoiced to the County. So I ask you, why shoald this be any different ftr Central Elgin r Central Elgin is looking for your support in reviewing and resolving this issue in a fair and equitable manner. Your CAO's have received documentation at their recent meeting showing what those shared costs would mean to your municipality if you were agreeable. We would welcome your input on this matter in a timely manner as we all move torward into budget discussions. Respectfully . / i David Marr Mayor of Central tlgin. The Municipality of Central Elgin re Recent Changes to Cost-... Page 79 Of 254 CD 0 Cciurt Security Cost A!locatioins ro abased on 4 year inaicEint averages; rn 2015 Estimates Central EI91in Billing)(as provided)* $719,86 vc CD CD Proportionate Municipality Percent Allocation Monthly Billing CD Bayham 13.40% 10,162 846.83 Clenlnal Blclin 1 36.80% 27,931 2,3171.E171, Dutton/Dunwich 8.62% 6,53 544.5E ro Malahide 13.89% 10,533 877.75 Southwold 11.87% 9,001 750.08 West Elgin 15.42% 11,698 974.83 10(1.00% 7t,881.C10 6,321.7f Reallocated 63.1E1% 47,9:19.00 3,994.08 (Root) 63.18% 471,9129.001 31,51514.618 *inalicas a reduciian basac on the 9111,000 grant rioted in a letter foam R.A. Pt ilbin, Superintendent, Commander,.aviary 22, 2015 as oo0 0 Straffordville Community Committee Box 155 Straffordville, ON NOJ 1Y0 To Council I am writing on behalf of the Straffordville Community Committee concerning Watermelon Fest to be held on Aug 29, 2015 which as you are all aware is very well attended and takes time to organize. Our concern is over the use of the grounds surrounding the Community Center depending on the outcome of the study. If it is decided that the hall is not to be repaired and sold to an outside party(which is the rumour) will we still have use of the grounds for the festival? Alternately if the hall is to be repaired how much ground space we might lose due to construction crews/vehicles or possibly the fencing off of the area to keep people out? We are attempting to organize tents, entertainment and food vendors etc., whom some of which require a non refundable deposit and would just like to know which way to proceed? If we will be restricted on how much area we have to use we will have to adjust accordingly. We are hoping for a timely response on this matter so we may proceed. Thank You Rose Gardner Chairperson Straffordville Community Committee re grounds surrounding th... Page 81 of 254 TRINITY ANGLICAN CHURCH P.O.BOX 159,25PITT STREET, PORT BURWELL,ON NOJ 1T0 EMAIL:trinluke@amtelecom.net March 9,2015 Municipality of Bayham, P.O.Box 160,9344Plank Rd., Straffordville, ON NOJ 1Y0 Attn: Lynda Millard, Trinity Anglican Church requests permission from the Municipality of Bayham to hold our annual Easter Sunrise Service, Sunday,April 5, 2015 between the hours of 05:00 and 08:00 hours on the East Beach in Port Burwell, ON,near the ramp for the physically challenged. We further request a permit to have a campfire at this site during our celebration. The fire would be in an enclosed container and we will remove the ashes and unused fuel at the conclusion of the service as we have done in the past. I have contacted the church's insurance company and asked them to forward you the necessary insurance information as was provided at other times. Thank you for giving this matter your attention. Should you have any questions or concerns please contact me by telephone at 519- 550-6205 or email at fandtshelly@amtelecom.net In God's Service, Fred Shelly,Warden,Trinity Anglican Church Trinity Anglican Church re Easter Sunrise Service Page 82 of 254 .oxyHA.4,/ . :. � REPORT ,_11 1, ,,a111.0111k1114 TREASURY DEPARTMENT OrtUniiY 11-9 TO: Mayor&Members of Council FROM: Lorne James,Treasurer DATE: March 19, 2015 REPORT: TR-05/15 FILE NO. F03.03 SUBJECT: 2014 Council Remuneration and Expenses BACKGROUND: Pursuant to section 284(1)of the Municipal Act, 2001,a Statement of Remuneration and Expenses for all the Members of Council is to be submitted by the Treasurer each year to Council. Itemized below are the remuneration and expenses for each Member of Council for the year 2014. Expenses include mileage paid to individual Councillors. Taxable Expenses Conference&Mileage Reimbursements Paul Ens $10,781.94 $5,391.10 $ - Cliff Evanitski 7,619.01 3,809.51 327.60 Ed Ketchabaw 6,289.14 3,144.44 1,020.00 Randy Bryer 362.84 181.41 Wayne Casier 6,289.14 3,144.44 930.00 Tom Southwick 6.392.78 3.178.99 1.386.30 Total $37,734.85 $18,849.89 $3,663.90 RECOMMENDATION 1. THAT Staff Report TR-05-2015 be received for information. Respectf Ily submitted, Reviewed b / Lorne Ja es, CPA, CA 'a kna , - •- - or Report TR-05/15 by Lorne James,Treasurer re 2014 Council Re... Page 83 of 254 g,AY REPORT woo-AL...4w._ • . CAO �poI.tunity I �O�� TO: Mayor& Members of Council FROM: Paul Shipway, Administrator DATE: March 19, 2015 REPORT: CAO-12/15 SUBJECT: PROCUREMENT BY-LAW BACKGROUND The Municipal Act, 2001, S.O. 2001, C.25 (the Municipal Act, 2001) has been amended by the Municipal Statute Law Amendment Act 2006, S.O. 2006, c.32. Section 270 of the Municipal Act, 2001, enacted on January 1, 2008, requires the Corporation of the Municipality of Bayham to adopt and maintain policies with respect to the procurement of goods and services. On December 6, 2012 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2012-122, attached hereto as Appendix`A', being a by-law to adopt a policy on procurement. DISCUSSION Transparent and accountable public sector procurement is one of the ways that trust and confidence in the stewardship of public funds is maintained. The leadership of a public sector organization such as the Municipality of Bayham can demonstrate its accountability through the establishment of sound policies and procedures that govern the procurement of goods and services at public expense. Council plays a key role in setting policy through the approval of the Procurement By-law. Public procurement continues to evolve with Municipal business becoming more complex, the expansion of e-government and citizen empowerment, growing need for collaboration and increased pressure to demonstrate value for money, accessibility and environmental sustainability. These trends present challenges and opportunities that the Municipality will be required to adapt to and capitalize upon to continue to maintain public trust and confidence. The current procurement by-law does not adequately address the current purchasing realm in which the Municipality operates within. As such, attached hereto as Appendix`B' is a draft Procurement By-law for Council consideration which increases procurement flexibility, while standardizing processes, increasing accountability and removing uncertain elements of procurement. The proposed Procurement By-law will build on a solid operational foundation and will focus on the business and service improvements to drive value for money purchasing within the Municipality. RECOMMENDATION 1. THAT Report CAO-12/15 re Procurement By-law 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 adopt the Procurement By-law for Council consideration. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 84 of 254 3. AND THAT By-law No. 2012-122 be repealed in its entirety. Respectfully Submitted by: Paul Shipway Administrator Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 85 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2012-122 A BY-LAW TO ADOPT A POLICY ON PROCUREMENT WHEREAS Section 270 (1) 3 of the Municipal Act, S.O. 2001, C.25, requires that a Municipality adopt and maintain policies with respect to its procurement of goods and services; AND WHEREAS Section 5 (3) of the said Municipal Act provides that a municipality shall exercise its capacity, rights, powers and privileges by by-law, unless specifically authorized to do otherwise; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to amend its previously established policies for its procurement of goods and services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: i:. THAT effective upon passage the Policy on Procurement attached hereto as Schedule "A"and forming part of this By-law is hereby adopted as the policies and procedures for procurement for the Corporation of the Municipality of Bayham; 2. AND THAT this Procurement Policy By-law may be amended from time to time as directed and deemed necessary by the Council of the Corporation of the Municipality of Bayham. 3. AND THAT By-law No. 2004-009 a by-law to adopt a Policy on Procurement is hereby repealed; 4. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST,SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF DECEMBER 2012. -d tie MAYOR CLERK Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 86 of 254 2 Schedule"A"to By-Law 2012-122 Procurement Policy OBJECTIVES 1. This purchasing policy outlines the procedures to be followed in order to obtain the best value for time and money when purchasing or contracting for goods and services for the Municipality of Bayham. 2. The guiding principal is that procurement decisions will be made using a competitive process that is objective,open,transparent and fair. 3. The Municipality will endeavour to support businesses within Bayham by pursuing local purchasing, where all other evaluation factors are equal. Such support shall be in compliance with the Discriminatory Business Practices Act. RESPONSIBILTIES 4. The Department Head and the Treasurer or the Administrator are responsible for ensuring that the procedures of the Purchasing Policy are adhered to, 5. This purchasing policy may be overridden by Council if Council, in its' sole discretion, determines it to be appropriate and in the best interests of the municipality. PROCEDURES 6. Prior to the approval of the operating budget in any year,a department may incur normal operating expenditures. 7. Council approval of the operating and capital budget shall be sufficient authority for departments to proceed with the procurement of materials, supplies and contractors,subject to the procedures and limitations contained herein. 8. All purchasing shall be conducted by the Department Head or his/her designate in accordance with the policies and procedures established herein. 9. Purchases of a nominal value may be made by a Department Head or his/her designate via a petty cash fund. The petty cash fund shall be administered by the 1 Administrative/Accounting Cleric,or the Treasurer in his/her absence. 10.A Department Head or his/her designate shall initiate a purchase in the following manner: a. For purchases up to $1,000.00, comparison pricing should be done where practical. b. For purchases between $1,000.00 and $5,000.00, three (3) verbal quotations shall be obtained where possible. The supplier shall be selected upon terms and conditions as determined by the Department Head in his/her sole discretion. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 87 of 254 3 e. For purchases between $5,000.00 and $20,000.00, three (3) informal, written quotations shall be obtained where possible. The supplier shall be selected upon terms and conditions as determined by the Department Head in consultation with the Treasurer or Administrator. d. For purchases between$20,000.00 and$50,000.00,a Department Head or his/her designate shall, at his/her sole discretion, select one of the following procedures to gather quotation information: i) formal request for quotation OR ii) sealed tenders OR iii) request for proposal. The quotations, tenders or request for proposal shall be submitted by the Department Head or his/her designate to Council upon receipt along with a recommendation for supplier. e. For purchases greater than $50,000.00, a Department Head or his/her designate shall,in consultation with the Treasurer or Administrator, select one of the following procedures to gather quotation information: i) sealed tender.s OR ii) request for proposal The tenders or request for proposals shall be submitted by the Department Head or his/her designate to Council upon receipt along with a recommendation for supplier. f. Notwithstanding the forgoing, Council may, by resolution, direct the method of obtaining quotation information. g. A copy of all written or verbal quotations shall be documented by the Department Head and kept available for review until completion of the annual audit. h. In general, in-house bids will not be accepted unless authorized by the Administrator or his/her designate and fully disclosed in all tender or request for proposal documentation. EXCEPTIONS 1.Where an emergency occurs that, in the opinion of the Department Head or his/her designate, constitutes immediate danger to health,safety,life or property, or requires the immediate procurement of goods and services, the Department Head or his/her designate may purchase such goods or services through the open market regardless of the amount of the expenditure. As soon as practical following the emergency, a full written report shall be submitted to the Administrator for review and immediate submission to Council. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 88 of 254 4 12.A tendering process may not be required where the goods or services are proprietary, where there is only one supplier that can meet the municipality's needs within a reasonable distance or where the cost of changing suppliers for a product or service already in place is deemed to be exorbitant. Upon staff recommendations, Council shall, in its' sole discretion, determine whether a tender process may be forgone for these reasons. 13.Notwithstanding the provisions of this policy,the following expenditures may be made without following the formal purchasing procedures detailed herein: a. petty cash items,maximum$300.00 b. training and education including: i) conferences ii) courses iii) memberships iv) seminars v) staff development vi) subscriptions c. mileage,travel and accommodation d. employer expenses including: i) payroll ii) payroll deduction remittances iii) insurance premiums iv) group benefits v) pension remittances vi) expenditures under union contract e. utilities £ maintenance, support and upgrades for existing computer hardware and software g. other professional and special services including: 1) legal costs for general issues ii) planning consultant for general issues iii) engineering consultants for general issues GOALS 14.Objectivity Quotations and tenders shall be solicited, reviewed and selected in an unbiased atmosphere. Staff and Council members involved with the solicitation, review and selection process for any particular bid shall not submit their own, personal bid for Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 89 of 254 5 consideration. Further, should a bid be submitted from an immediate family member(parent,spouse,same-sex partner or child)of the staff or council member involved with the process,it shall be disqualified without consideration. Personal preferences shall not be given priority unless the bid submitted demonstrates that it is the lowest priced,compliant bid. 15.Fairness The terms of selection shall be detailed in the procurement documents and shall be applied equally to all bidders. Tenders and Requests for Proposals shall be advertised locally as well as in daily papers that are deemed appropriate by the department head involved. Invitations to bid may be extended rather than by a general advertisement if staff is of the opinion that there are a limited number of appropriate suppliers that can meet the municipality's needs at that time. No action shall be undertaken by staff or Council that would give any bidder an unfair advantage. This does not require,however, that the municipality change existing conditions to ensure that conversion costs from the incumbent to another supplier are ignored in an evaluation. 16.Openness and Transparency The municipality's requirements and the terms of selection shall be clearly defined in each invitation or tender document. The decision for the successful bidder shall be based solely on the requirements as documented, the bidder's documents and the application of review criteria. 17 Accountability The Administrator shall maintain accountability on behalf of Council during each process. Informal contact with staff or council members not specified as official contacts in the tender/request for proposal documents shall be considered unethical and may threaten the validity of that supplier's bid or even the process as a whole. Sealed quotations,tenders or proposals,marked with the time and date of receipt, shall be maintained in a locked tender box until the time specified in the procurement documents. If the lowest tender is higher than the municipality's budget, this will be brought to Council's attention and Council, in its' sole discretion, will decide whether to proceed or to investigate alternatives, 18.Risk Management Suppliers will be required to provide proof of insurance along with a WSIB clearance certificate (or municipal waiver, if applicable) for all contracts. Insurance requirements will be detailed in the procurement documentation and must be adhered to throughout the term of the contract. Performance bonds may be required and will be disclosed during the bidding process. These bonds will be held by the municipality until end-of-contract Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 90 of 254 6 indicators are in place (ie. final clearance certificates are issued) at which time they will be released. EVALUATION 19.Effectiveness The municipality shall endeavor to define its' needs in a clear and simple format to minimize the occurrence of amendments to bidding documents or changes to contracts once in place. A listing of all changes required shall be maintained with the contract documents for review. An analysis of whether ratepayers' needs are being met in a satisfactory manner shall be performed throughout the term of a contract and changes or difficulties encountered shall be documented and considered upon renewal or retendering for those particular services or goods. This analysis shall involve on-going monitoring of service or product quality and a compilation of ratepayer complaints and resolutions. Further, prior to contract renewal or .retendering, an evaluation of overall performance shall be made by the department head directly involved with the contract and shall be reported to council. Poor performance on the part of the supplier/contractor may preclude future contracts being awarded. In the event that there are no successful bidders,the procurement documents shall be reviewed immediately by the department head and the Administrator. The review shall include contacting persons or businesses that took out tender documents but did not submit or were not successful. This review shall determine if there was an error on the part of the municipality in drawing up the documents, setting unreasonable requirements or anything else that prevented the successful completion of the procurement process. 20.Review This policy shall be reviewed every five(5) years at a minimum. An evaluation of the goals set out and the level of achieving those goals shall be made by staff. If significant problems are discovered, priorities have changed or the current policy has become unmanageable, changes must be proposed for Council's consideration. Further,procurement procedures will be reviewed at the same time to determine if the procedures outlined in this policy are being followed and whether they are supporting the goals of the policy. Variations in practice from the desired procedures should be evaluated to determine the underlying reasons for the changes. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 91 of 254 BY-LAW NUMBER 2015-XXX OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO DEFINE THE PROCUREMENT POLICIES AND PROCEDURES FOR THE CORPORATION OF THE MUNICIPALITY BAYHAM WHEREAS the Corporation of the Municipality of Bayham, pursuant to Section 271 of the Municipal Act, 2001,as amended, deems it prudent to enact a procurement policy; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This by-law may be referred to as the'Procurement By-law". Section 1 — Purposes, Goals & Objectives 1.1 The purposes, goals and objectives of this by-law and of each of the methods of procurement authorized herein are: a. to encourage competition among suppliers; b. to maximize savings for taxpayers; c. to ensure service and product delivery efficiency and effectiveness; d. to ensure service and product delivery quality; e. to make service and product providers accountable to the Municipality and the public; f. to encourage the procurement of goods and services with due regard to the product being accessible to persons with disabilities or be capable of being made accessible through the use of technology; g. to ensure environmentally responsible and sustainable purchasing where possible; h. to provide the highest level of government service at the least possible cost; i. to ensure fairness between bidders; j. to ensure objectivity in the procurement process; k. to the extent possible, ensure openness, accountability and transparency while protecting the financial best interests of the Municipality; I. to obtain the best value for the Municipality when procuring goods and services; m. to avoid conflicts between the interests of the Municipality and those of the Municipality's employees and elected officials. Section 2 - Definitions 2.1 In this by-law, a. "Award" shall mean authorization to proceed with the purchase of Goods, Services and Construction from a chosen supplier; b. "Bid" shall mean an offer or submission from a supplier in response to a Request for Quotation, Tender, Request for Proposal, Request for Price Agreement, an In Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 92 of 254 House Bid or a Two Phase Bid request, which is subject to acceptance or rejection by the Municipality; c. "Bid Bond" shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee that the Successful Bidder enters into a Contract with the Municipality, as required by Section 8 of this by-law; d. "Bid Solicitation"shall mean a formal request for Bids that may be in the form of a Request for Quotation, Request for Qualifications, Request for Tender, Request for Proposal, Request for Price Agreement, Request for In House Bid or a Two Phase Bid Request; e. "Conflict of Interest" shall mean a situation where a personal or business interest of a councillor, officer or employee of the Municipality is in conflict with the best interests of the Municipality, and includes: i. the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any business or individual that provides advice, Goods, Services or Construction to the Municipality or a family member of such business that provides Goods, Services or Construction; ii. employment by the Municipality on a full time basis; and iii. a direct or indirect interest in any business that provides Goods, Services or Construction to the Municipality; f. "Construction" shall mean a construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, soil investigation, the supply of products and materials and the supply of equipment and machinery if they are included in and incidental to the construction, and the installation and repair of fixtures of a building, structure or other civil engineering design or architectural work, but does not include professional services related to the construction contract unless they are included in the specifications for the procurement; g. "Consulting and Professional Services" shall mean those services requiring the skills of a professional for a defined service and includes but is not limited to architects, engineers, designers, surveyors, planners, accountants, auditors, management professionals, marketing professions, software and information technology experts, financial consultants, lawyers, law firms, real estate agents and brokers, planners, environmental planners and engineers, hydrogeologists, transportation planners and engineers, communications consultants and any other consulting of by the professional services which may be required by the Municipality; h. "Contract" shall mean a binding agreement between two or more parties that creates an obligation to do or provide a particular thing or service; i. "Employee-Employer Relationship" shall mean a relationship that exists where persons for pay or other consideration enter into the Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 93 of 254 service of others and devote their personal labour for any given period and the other person has the power or right to control or direct the person in the material details of how the work is to be performed; j. "Employment" shall mean the act of being employed by the Corporation of the Municipality of Bayham; k. "Expression of Interest" shall mean a written detailed proposal submitted in response to a Request for Expression of Interest; I. "Extraordinary or Emergency Circumstance" shall mean an event or circumstance where the immediate purchase of Goods or Services or the entering into of a Construction Contract is essential or necessary to prevent or alleviate serious delay, a threat to public health, safety or welfare, the disruption of essential services or damage to public property or any expenditure that is necessary to respond to any emergency of the Municipality; m. "Fair Market Value" shall mean the price that would be paid, in an open and unrestricted market, by a knowledgeable and willing purchaser to a knowledgeable and willing vendor, both of whom are dealing at arm's length, are fully informed and are not under any compulsion to transact with one another; n. "Financing Lease" shall mean a lease which allows for the provision of Goods, Services or Construction if the lease may or will require payment by the Municipality of financing, interest, bonuses, premiums or other charges or costs for the Goods, Services or Construction over time and upon term; o. "Goods" shall mean moveable property including: i. the costs of installing, operating, maintaining or manufacturing such moveable property, and ii. raw materials, products, supplies, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a Construction Contract; p. "Holdback" shall mean an amount withheld under the terms of a Contract to be used as security for the completion or performance of the Contract, and to avoid overpayment in relation to the progress of work; q. "In House Bid" shall mean a Bid made by a Department or a group of employees and authorized by Senior Staff submitted in response to a Bid Solicitation, where the provision of the Good, Service or Construction will be provided entirely by the employees of the Municipality; r. "Low Value Purchase" shall mean a purchase of Goods, Services or Construction which is random in nature, is not included as part of a Price Agreement, and does not exceed a value of$1,000.00; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 94 of 254 s. "Lowest Compliant Bid" shall mean the Bid that would provide the Municipality with the desired Goods, Services and Construction at the lowest cost, meets all the specifications and requirements and contains no major irregularities or qualifications; t. "Municipality" shall mean the Corporation of the Municipality of Bayham; u. "Online Tendering" shall mean the use of a computer-based system authorized by the Municipality and directly accessible by suppliers, that provides suppliers with information related to Bid solicitations; v. "Payment Security" shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee the payment of labour and materials to be supplied in connection with a Contract, as required by Section 8 of this by-law; w. "Performance Security" shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee the faithful performance of the Contract by a supplier, as required by Section 8 of this by-law; x. "Price Agreement" shall mean an agreement between the Municipality and the supplier of a Good, Service or Construction arrived at following a competitive tender or proposal process, whereby the supplier commits to the Municipality to provide Goods, Services or Construction, as and when needed by the Municipality, at a pre-determined price, for a pre- determined period of time, upon pre-determined terms and conditions; y. "Pre-qualification Submission" shall mean a detailed written proposal submitted in response to a Request for Pre-qualification but which does not create any contractual obligation between the party submitting the Pre-qualification Submission and the Municipality, but which may be a pre- condition to further procurement Contracts with the Municipality; z. "Progress Payment" shall mean a payment made under the terms of a Contract after the performance of the part of the Contract in respect of which payment is made but before the performance of the whole contract; aa. "Proposal" shall mean an offer submitted in response to a Request for Proposal, acceptance of which may be subject to further negotiation; bb. "Purchase" shall mean to acquire Goods, Services or Construction by purchase, rental, lease or trade; cc. "Purchase Order" shall mean a written order to a supplier formally stating all terms and conditions for the purchase of Goods, Services or Construction or a written acceptance of an offer received in accordance with this by-law; dd. "Quotation" shall mean a binding offer submitted in response to a Request for Quotation; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 95 of 254 ee. "Request for Expressions of Interest" shall mean a request made by the Municipality to the market place for the purposes of compiling a list of persons or corporations who may be interested in providing Goods, Services or Construction to the Municipality from time to time. Acceptance of an expression of interest by the Municipality does not create any contractual obligation between the party submitting the expression of interest and the Municipality, but may be a precondition to Pre- qualification or further procurement Contracts with the Municipality; ff. "Request for Pre-qualification" shall mean a request for the detailed submission of the experience, financial strength, education, background and personnel of persons, firms or corporations who may, from time to time, qualify to supply Goods, Services and Construction to the Municipality; gg. "Request for Price Agreement" shall mean a request for the submission of a Tender or Proposal to enter into a Price Agreement with the Municipality; hh. "Request for Proposal" shall mean a request for proposals made pursuant to this by-law, which may or may not result in further negotiation, or the creation of Contractual obligations between the parties, depending on the terms of the Request for Proposal; ii. "Request for Quotation" shall mean a request for Quotations for the provisions of Goods, Services or Construction to the Municipality made pursuant to this by-law; jj. "Sole Source Purchase" shall mean the purchase of a Good, Service or Construction where there is only one available supplier of that Good, Service or Construction that meets the needs or requirements of the Municipality; kk. "Substantive Objection" shall mean a written objection provided to Senior Staff or the CAO by an interested party giving specific reasons for the objection; II. "Successful Bidder" shall mean the Bid that would provide the Municipality with the best product or service as measured by the evaluation criteria and which is compliant; mm. "Tender" shall mean a written detailed offer from a vendor or service provider, to supply Goods, Services or Construction to the Municipality; nn. "Two Phase Bid" shall mean a Proposal submitted in response to a Request for Proposals which requires the submission of the Proposal in phases, either in separate bid envelopes or at different times, whereby the proposal is evaluated in the first phase, and price is evaluated in the second. 2.2 To establish the definition of any other purchasing term not herein included, reference shall be made to the latest edition of the National Institute of Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 96 of 254 Governmental Purchasing Inc.'s Dictionary of Purchasing Terms. 2.3 Schedules "A"and "B"attached hereto form part of this By-law. Section 3— General Procurement Polices & Procedures 3.1 The policies and procedures prescribed in this by-law, including all of the purposes, goals and objectives of Section 1 hereof, shall be followed for the procurement of all Goods and Services and for the awarding of any Construction Contract by the Municipality or any of its officers, servants and employees with the exception of any of those pertaining to the Drainage Act or Municipal Drains. 3.2 This by-law shall not apply to those procurement processes enumerated in Schedule"A". Section 4—Responsibilities &Authorities 4.1 Senior Staff shall be responsible for and shall have authority for all procurement activity and decisions within their Department (including the Awarding of any Contract), subject to all of the following: a. all of the purposes, goals and objectives of Section 1 of this by-law shall be complied with; b. all procurement activities and decisions must be authorized by this by- law and must be carried out within the financial and other limits set out herein; c. no procurement activity or decision shall be contrary to any specific direction of the CAO or Council; d. ensuring that all necessary authorizations to proceed have been given and that sufficient funds are budgeted. 4.2 The CAO has the authority to instruct Senior Staff to not to award Contracts and to direct Senior Staff to report to Council for approval and may provide additional restrictions concerning procurement where such is considered necessary and in the best interest of the Municipality. 4.3 The exercise of all authority to award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within Council approved estimates or upon a determination being made by the Treasurer that the required funding can reasonably be expected to be made available in the current, or future years. Section 5- Restrictions 5.1 No Contract for Goods, Services or Construction may be divided into two or more parts to avoid the application of the provisions of this by-law. 5.2 No Contract for Services shall be Awarded where the services could result in the establishment of an Employee-Employer Relationship. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 97 of 254 5.3 No personal purchases shall be made by the Municipality for members of Council or any appointed member of a local board or commission or for Municipal employees or their families. 5.4 An employee who has the responsibility of declaring Goods surplus shall not bid or personally obtain any Goods that the employee has declared as surplus unless approved by the CAO. 5.5 No employee of the Municipality having responsibility for sending items to a public auction may bid on any of the Municipality's Goods unless approved by the CAO. 5.6 No employee or Council member shall purchase, on behalf of the Municipality, any Goods, Services or Construction, except in accordance with this By-law. 5.7 No councillor, officer or employee or member of an employee's family of the Municipality shall accept, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is, or might be awarded, any rebate or gift or money, except: a. gifts of a very small intrinsic value; b. gifts given for the use and benefit of the Municipality; c. moderate hospitality during the normal course of business that would not significantly exceed what the Municipality,through the employee's expense account, would likely provide in return and would not be perceived by others as influencing the making of a business decision. 5.8 All councillors, officers and employees of the Municipality shall declare any Conflict of Interest to the CAO such persons sh all refrain from participating in the procurement process to which the Conflict of Interest relates. The CAO shall report any personal conflicts to Council. 5.9 All procurement undertaken by the Municipality shall be undertaken in accordance with the Municipality's Code of Conduct, policies and procedures manual and in accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5.10 Where an applicable national or international trade agreement is in conflict with this by-law,the trade agreement shall take precedence. 5.11 The Municipality may only enter into a Financing Lease if: a. a by-law authorizing the Financing Lease is passed; b. before the by-law authorizing the Financing Lease is enacted, the Municipality has adopted a statement of the Municipality's lease financing policies and goals; and c. the Financing Lease includes a schedule of all fixed amounts of payment, if any, required under the lease and that may be required Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 98 of 254 under any possible extensions or renewals of the lease. 5.12 The statement required by Section 5.11, shall include, at a minimum, a discussion of the financial and other risks for the Municipality of Financing Leases. 5.13 Before entering into a Financing Lease, the Treasurer shall: a. prepare a report to Council with a recommendation, assessing, in the opinion of the Treasurer, the costs and financial and other risks associated with the proposed Financing Lease, including, a comparison between the fixed and estimated costs and the risks associated with the proposed Financing Lease, and those associated with other methods of financing; i. a statement summarizing the effective rate or rates of financing for the Financing Lease, the ability for lease payment amounts to vary, and the methods or calculations, including possible financing rate changes, that may be used to establish that variance under the Financing Lease; ii. a statement summarizing any contingent payment obligations under the Financing Lease that in the opinion of the Treasurer would result in a material impact for the Municipality, including lease termination provisions, equipment loss, equipment replacement options, and guarantees and indemnities; iii. a summary of the assumptions applicable to any possible variations in the Financing Lease payment and contingent payment obligations; and iv. any other matters the Treasurer or Council considers advisable; b. obtain legal advice and financial advice with respect to the proposed Financing Lease and if the scope of the proposed transaction warrants it, ensure that the legal and financial advice is from a source independent from the advice ordinarily obtained by the Municipality for legal or financial matters; c. provide an opinion about whether the costs of the financing for the proposed Financing Lease are lower than other methods of financing available to the Municipality, and whether the risks associated with the Financing Lease are reasonable. 5.14 The costs and risks associated with a proposed Financing Lease in a report made under Section 5.13 shall be assessed as of the date the report is made. 5.15 If at any time after a report under Section 5.13 is made, but before the Financing Lease is executed, the Treasurer becomes of the opinion that a changed circumstance with respect to the proposed Financing Lease may result in a material impact for the Municipality, the Treasurer shall, as soon as is reasonably possible update the report and present it to Council. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 99 of 254 5.16 A report made under Section 5.13 shall summarize the information required by that section for the entire term of the Financing Lease, including any possible extensions or renewals. 5.17 Where applicable each of the procurement procedures set out in Section 8 of this by-law shall be undertaken in compliance with the following steps: a. the scope of the Goods, Services and Construction shall be clearly and extensively defined by the Bid Solicitation documentation; b. the form of Bid Solicitation documentation shall be, to the extent possible, standardized using common forms and processes; c. the Bid Solicitation documentation shall be circulated and advertised in as wide and extensive a manner as will ensure the best, most comprehensive and most competitive response to the Bid Solicitation; d. all Bids shall be fairly and completely evaluated using as open, fair and transparent a process as may be possible in the circumstances of the particular Bid Solicitation. Evaluation criteria shall be established for each class of procurement undertaken by the Municipality; e. the evaluation of each Bid shall be carefully recorded using a standardized form of evaluation record, such as a tally card or other method of point tabulation method. The evaluation record shall be stored and shall not be destroyed until three years following completion of the procurement Contract; f. all Successful Bidders shall,where required by this by-law, be required to comply with the Contract negotiation, preparation and execution requirements of Section 8 of this by-law; g. all Contracts shall be monitored to ensure that performance is in accordance with the requirements of the Contract and steps shall be taken to correct the performance of suppliers where it falls below the standard required by the Contract; h. all Bids received by the Municipality shall be kept together in a secure place until the time for opening. All Bids shall remain sealed until the opening, which shall occur in public. Bid Solicitations requiring the submission of proprietary information or information containing intellectual property protected by law shall contain provisions providing for protecting the confidentiality of same, in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act; all Bid Solicitation documentation shall clearly set out the requirements for the price element of the submission, specifying whether the Bid price is submitted on a unit price or total price basis and whether it is net of any taxes, early payment discounts, premiums, financing charges, administrative costs, cost of living or other escalations, contingencies or other deductions or additions Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 100 of 254 and how any Contract extras shall be dealt with; j. all Bid Solicitation documentation shall clearly specify how each of the following criteria shall be utilized in evaluating all Bids (criteria is not listed and any order of preference): i. price; ii. quality of Goods, Services and Construction; iii. experience and qualifications of Bidder(s); iv. risk; v. strategy; vi. approach; vii. methodology; viii. scheduling of work; ix. past performance; x. facilities and equipment to be utilized in Contract performance; xi. personnel to be used in Contract performance. Section 6—Total Project Cost 6.1 Where this by-law prescribes financial limits on Contracts that may be Awarded on the authority of Senior Staff, or provides for financial limits on Contracts required to be reported to Council, for the purpose of determining whether a Contract falls within these prescribed limits, the Contract amount shall be the sum of all costs to be paid to the supplier under the contract plus all taxes and less any rebates. Section 7—Prescribed Council Approval 7.1 Despite any other provision of this by-law, the following Contracts are subject to Council approval: a. any Contract requiring approval from the Ontario Municipal Board; b. any Contract prescribed by statute to be made by Council; c. where the cost amount proposed for acceptance is higher than the Council approved estimates and the necessary adjustments cannot be made; d. where a Substantive Objection emanating from the Bid solicitation has been filed with Senior Staff; e. where a major irregularity precludes the Award of a Tender to the supplier submitting the Lowest Complaint Bid; f. where authority to approve has not been expressly delegated; g. any contract having a value in excess of ten thousand dollars ($10,000.00); Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 101 of 254 h. where the final costs of the contract exceed the amount originally submitted and approved in the contract by 10%or$10,000.00 whichever is less. Section 8— Procurement Procedures 8.1 The following are hereby authorized as the acceptable procedures for all procurement undertaken by or on behalf of the Municipality. They may be utilized individually or in combination with one another, as may be appropriate in the circumstances: Request for Expression of Interest 8.2 Senior Staff may conduct a Request for Expression of Interest for the purposes of determining the availability of suppliers of any Good, Service or Construction and for the purposes of keeping a list of available suppliers (which shall be deemed to be the "goal" of the Request for Expression of Interest form of procurement). The submission of an Expression of Interest does not create any contractual obligation between the Municipality and the interested supplier. The submission of an Expression of Interest may be made a specific pre- condition of any other procurement procedure utilized by the Municipality. Request for Pre-Qualification 8.3 Senior Staff may conduct a Request for Pre-qualification for any Good, Services or Construction to select the number of acceptable Bidders that may Bid on the subsequent competitive sealed Bid process under the following circumstances, which for the purposes of this section, shall also be deemed to be the "goal" of the Request for Pre-qualification form of procurement: a. the work is considered "high risk"with respect to Regulations governed under the Occupational Health and Safety Act; b. the work is such that Contract administration costs (work inspection, follow-up, extra fee negotiations) could result in a substantial cost to the Municipality if the work is not satisfactorily performed the first time; c. the Goods or equipment to be purchased must meet national safety standards or has demonstrated an acceptable level of performance; or d. the work involves complex, multi-disciplinary activities; 8.4 When the Request for Pre-qualification is utilized, a Pre-qualification Proposal document shall be provided to the potential Bidders setting out the criteria for pre-qualification which may include: a. experience on similar work (firm and staff assigned); b. references provided from other customers for similar work; c. verification of applicable licences and certificates; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 102 of 254 d. health and safety policies and staff training; e. financial capability; f. past performance with the Municipality. 8.5 The selection of Bidders following a pre-qualification process does not create any contractual obligation between the Municipality and the pre-qualified bidder. Pre-qualification may be made a specific pre-condition of any other procurement procedure utilized by the Municipality. Low Value Purchase (Less Than $1,000.00) 8.6 A Low Value Purchase may be utilized for purchases involving Contracts which do not exceed one thousand dollars ($1,000.00) (which shall be deemed to be the "goal" of the Low Value Purchase form of procurement). These purchases may be made utilizing a Purchase Order, petty cash, a cheque, or a Municipal credit card. Senior Staff shall appoint individuals within their department who have authority to make Low Value Purchases. These purchases are within the discretion of Senior Staff or the Senior Staffs delegate. Only purchases which can be demonstrated to have been made at Fair Market Value shall be made. Request for Quotation— Informal (Purchases Between $1,000.00-$10,000.00) 8.7 For the procurement of Goods, Services and Construction having a Contract value of one thousand dollars ($1,000.00) or more but not exceeding ten thousand dollars ($10,000.00), an informal Request for Quotation shall be utilized (which shall be deemed to be the "goal" of the Informal Request for Quotation form of procurement). Three Quotations, either by telephone or in writing, shall be obtained. These purchases do not require formal advertising nor the receipt of sealed Bids. The Quotations shall be reviewed, and the results tabulated to determine the Award of the Contract for same upon approval of Senior Staff. Request for Quotation— Formal (Purchases Between $10,000.00-$50,000.00) 8.8 For the procurement of Goods, Services and Construction having a Contract value of ten thousand dollars ($10,000.00) or more but not exceeding fifty thousand dollars ($50,000.00), a formal Request for Quotation shall be utilized (which shall be deemed to be the "goal" of the Formal Request for Quotation form of procurement). At least three Quotations shall be obtained, in writing. These purchases do not require formal advertising, nor the receipt of sealed Bids. The Quotations shall be reviewed and the results tabulated, to determine the Award of the Contract for same. In appropriate circumstances, the Request for Proposal or the Request for Tender processes may be utilized for Contracts in this value range, if the criteria for each procurement method is otherwise met. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 103 of 254 Request for Tender(Purchases Exceeding $50,000) 8.9 For the procurement of Goods, Services and Construction having a Contract value of fifty thousand dollars ($50,000.00) or more, a Request for Tender shall be used where all of the following criteria apply which for the purposes of this section, shall also be deemed to be the "goals" of the Request for Tender form of procurement: a. two or more sources are considered capable of supplying the Good, Service or Construction; b. the Good, Service or Construction is adequately defined to permit the evaluation of Tenders against clearly stated criteria, c. the market conditions are such that Tenders can be submitted on a common pricing basis, and d. it is intended that the lowest priced Compliant Tender will be accepted without negotiations; 8.10 Notice of the Tender shall be given by formal advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.11 Sealed Tenders with a public opening shall be required. 8.12 The Award shall be made to the Lowest Compliant Bidder. 8.13 The Tender shall be opened and read out in public. All Bid amounts shall be recorded on a Summary of Bidders sheet. 8.14 Any irregularities in the Tender shall be dealt with in accordance with Schedule"B"of this by-law. 8.15 The Tender documents shall require the Successful Bidder to execute those documents and take those steps set out in Section 8 of this by-law. 8.16 The Award of any Tender having a Contract value in excess of ten thousand dollars($10,000.00)requires Council approval. Request for Proposals (Purchases Exceeding$50,000) 8.17 For the procurement of Goods, Services and Construction having a Contract value of fifty thousand dollars ($50,000.00) or more, a Request for Proposal shall be used where after applying the following criteria, it is determined that the Request for Proposal is a more appropriate form of procurement than Tender which for the purposes of this Section shall also be deemed to be the "goals" of the Request for Proposal form of procurement: a. the procurement is required as a result of a peculiar problem, requirement or objective; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 104 of 254 b. the selection of the supplier depends more upon the effectiveness of the proposed solution, than the price alone; c. one or more of the criteria for issuing a Tender cannot be met; d. it is expected that negotiation with one or more Bidders may be required with respect to any aspect of the Contract; e. the precise Good, Service or Construction, or the specifications therefore are not known or are not definable and it is expected that Bidders will further define them; 8.18 Notice of the Request for Proposal shall be given by formal advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.19 The Award of any Request for Proposal having a Contract value in excess of ten thousand dollars($10,000.00)requires Council approval. 8.20 Any irregularities in the Request for Proposal shall be dealt with in accordance with Schedule "B"of this by-law. 8.21 Where an Award may be made following an evaluation of the Proposals, without further negotiation, the successful Bidder shall be required to comply with the Contract requirements of Section 8 of this by-law. Request for Price Agreement—Any Price 8.22 A Request for Price Agreement shall be used for the procurement of Goods, Services and Construction of any Contract value when the following criteria apply, which for the purposes of this Section shall also be deemed to be the "goals" of the Request for Price Agreement form of procurement: a. where it is important that the Municipality be guaranteed a continuous supply of Goods, Services or Construction; b. the volume of Goods, Services and Construction over the course of a year is high; c. economies of scale can be achieved by eliminating multiple low-value Bids; d. demand is not known in advance; e. the use of the Goods, Services or Construction required is repetitive in nature; f. delivery of the Goods, Services or Construction is Contracted for as the need arises; 8.23 Notice of the Request for Price Agreement shall be given by formal Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 105 of 254 advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.24 The Award of any Price Agreement having a Contract value in excess of one hundred thousand dollars($100,000.00) requires Council approval. 8.25 Any irregularities in a Price Agreement submission shall be dealt with in accordance with Schedule"B"of this by-law. 8.26 The Award shall be made to the Lowest Compliant Bidder. 8.27 The Tender shall be opened and read out in public at a time and date established by the CAO. All Bid amounts shall be recorded on a Summary of Bidders sheet. 8.28 The Tender documents shall require the Lowest Compliant Bidder to execute those documents and take those steps set out in Section 8 of this by- law. 8.29 No Contractual obligation shall arise between a supplier and the Municipality who have executed a Price Agreement until the Goods, services or Construction are actually ordered. 8.30 Negotiation may be used for the procurement of Goods, Services or Construction for Contracts of any Contract value when any of the following criteria apply, which for the purposes of this Section shall also be deemed to be the "goals" of the Negotiation form of procurement: a. due to abnormal market conditions, the Goods, Services or Construction required are in short supply; b. where competition is precluded due to the existence of any patent rights, copyright,technical secret or control of raw material; c. where there is only one source of the Goods, Services or Construction which would be acceptable and cost effective; d. where two or more identical Bids are received; e. where all Bids received are not acceptable or exceed the amount budgeted for the procurement; f. where the extension or reinstatement of an existing Contract would be more cost effective or beneficial to the Municipality; g. where Extraordinary or Emergency Circumstances exist; h. where for security or confidentiality reasons it is in the public interest; or where authorized by Council so to do; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 106 of 254 8.31 The Award of any negotiated Contract having a Contract Value in excess of ten thousand dollars($10,000.00)requires Council approval. 8.32 The Award of any negotiated Contract shall comply with Section 8 of this by- law. Extraordinary or Emergency Circumstances Purchases 8.33 When Senior Staff is of the opinion that an Extraordinary Circumstance exists, Senior Staff, in consultation with the CAO or the Mayor may authorize the purchase of such Goods, Services and Construction as is considered necessary to remedy the situation without regard to the requirement for a Bid solicitation and may award the necessary Contract provided that the Contract does not exceed $10,000 (which for the purposes of this Section, shall also be deemed to be the "goal" of the Extraordinary Circumstance Purchase). 8.34 The relevant details surrounding an Extraordinary or Emergency Circumstance Award shall be reported to Council at the next possible meeting following the Award. Sole Source Purchase 8.35 A Sole Source Purchase may be used for the procurement of Goods, Services or Construction for Contracts of any Contract value, in the following circumstances, which for the purposes of this section shall also be deemed to be the "goals" of the Sole Source Purchase form of procurement: a. where the compatibility of a purchase with existing equipment, facilities or service is a paramount consideration and the purchase must be made from a sole source; b. where a Good is purchased for testing or trial use; c. where the Municipality purchases supplies for resale; d. where the Municipality has a rental contract with a purchase option and such purchase option could be beneficial to the Municipality; e. notwithstanding anything in this policy, where a purchase is determined by Council to be fair and reasonable and is made from a non-profit corporation supported by the Municipality, the Municipality may make such a purchase as a Sole Source Purchase; f. where Goods are offered for sale by tender, auction or negotiation such purchase will be deemed to be a Sole Source Purchase and the CAO may authorize the submission of a Bid or the conduct of negotiations where the CAO determines the purchase to be clearly in the best interest of the Municipality; g. for matters involving security, police matters, or confidential issues, a purchase may be made in a manner that protects the confidentiality of the Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 107 of 254 contractor or the Municipality. Such purchases may be made as a Sole Source Purchase; h. in any situation where the Council of the Corporation of the Municipality of Bayham deems it appropriate. 8.36 The Award of any Sole Source Purchase Contract having a Contract Value in excess of ten thousand dollars ($10,000.00) requires Council approval. 8.37 The Award of any Sole Source Purchase Contract shall comply with Section 8 of this by-law. Two Phase Bid 8.38 A Request for Proposal may require the submission of the Proposal in two phases. Phase 1 would assess the Proposal and Phase 2 would assess the price. 8.39 The Two Phase bid may require one submission containing two sealed envelopes, the first containing the Proposal and the second the Price. In the case of a two envelope submission, the first envelope shall be opened first and assessed. Only the second envelopes of those Bids meeting the specifications of the Request for Proposal shall be opened. The unsuccessful Bidders price envelopes shall be returned unopened. The Price envelopes of successful Phase 1 Bids shall be treated as Tenders. The Proposal envelopes shall be treated as Proposals. 8.40 The Two Phase Bid may require two separate submissions. The first submission shall contain the Proposal, without price. It shall be evaluated and only those Bidders meeting the Request for Proposal specifications would be asked to submit a Phase 2 price Bid envelope. The Phase 1 envelopes shall be treated as Proposals and the Phase 2 envelopes shall be treated as Tenders. 8.41 The goal of the Two Phase Bid form of procurement shall be to deal with procurement situations that require the combined advantages of the Proposal and the Tender forms of procurement. 8.42 In House Bids may be used for the procurement of Goods, Services and Construction of any Contract value only in the following circumstances, which for the purposes of this Section shall be deemed to be the "goals" of the In House Bid form of procurement: a. where a Good, Service or Construction has historically been provided by an external supplier and Council determines that it is in the best interests of the Municipality to allow its staff to compete for the provision of the Good, Service or Construction; b. where a Good, Service or Construction has historically been provided by staff of the Municipality and Council determines that it is in the best interests of the Municipality to allow its staff to compete for the provision of the Good, Service or Construction; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 108 of 254 c. in any other circumstances that Council determines may be appropriate; and d. where proper cost accounting, allocation and other infrastructure are in place to permit an accurate and thorough examination of all of the direct and indirect costs associated with the provision of the particular Good, Service or Construction; 8.43 In House Bids shall only be utilized where external suppliers have also been requested to submit Bids; 8.44 In House Bids must be authorized by Council, in advance; 8.45 only one In House Bid will be permitted for each Bid Solicitation; 8.46 If any Bid Solicitation permits In House Bids, all Bidders shall be made aware of this fact in the Bid Solicitation documentation; 8.47 where an In House Bid will require the services of a unionized employee of the Municipality and the provisions of the Good, Service or Construction will require a change to a collective agreement, then the concurrence of the Union which has collective bargaining rights with respect to that agreement shall be required before the In House Bid will be accepted; 8.48 In determining whether an In House Bid is in the best interests of the Municipality, the following criteria shall be taken into account by Council: a. whether the Bid will result in a significant increase or decrease in capital equipment and infrastructure expenditures by the Municipality; b. the extent to which the In House Bid will affect the future ability of the Municipality to deliver essential health, emergency or other vital services to the public, in a cost effective and efficient manner; c. the extent to which the In House Bid will affect staffing and personnel complement of the Municipality; d. the extent to which the In House Bid will affect the financial position of the Municipality; and e. the extent to which the In House Bid will affect service levels provided to the public; 8.49 if an In House Bid is selected as the Successful Bid, then compliance with Section 8 of this by-law shall not be required, but instead, a memorandum of understanding shall be drafted. In all other respect, the Bid documentation required shall be the same for all Bids. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 109 of 254 Section 9—Bid &Contract Administration Submission of Bids 9.1 Bids shall be accepted by the CAO or designate in paper form or where provided, as an On-line Tender. 9.2 If two equal Bids are received, a means of breaking the tie consistent with the provisions of the solicitation shall be employed. 9.3 Factors to be considered in breaking the tie include: a. whether a prompt payment discount has been offered; b. when delivery is an important factor, the Bidder offering the best delivery date shall be given preference; c. a Bidder in a position to provide better after sales service, with a good record in this regard, shall be given preference; d. a Bidder with an overall satisfactory performance record shall be given preference over a Bidder known to have an unsatisfactory performance record. 9.4 Following the closing of a Bid Solicitation, there shall be no informal contact between any Bidder and any elected official or staff member of the Municipality relating to the Tender. Any contact shall only occur in a formal manner, to the extent permitted by the Bid Solicitation documentation. 9.5 Prior to the closing of a Bid Solicitation, the only contact that a Bidder may have with the Municipality or any of its staff or elected officials shall be made in writing, and only if made for the purposes of requesting clarification about the Bid Solicitation documentation. The Municipality may only respond to such clarification requests in writing, either in the form of a letter response or in the form of an addenda, but in either case, a copy of both the clarification request and the response or the addenda shall be provided to all Bidders at the same time. 9.6 In spite of Section 9.5, a bidders meeting may be held where applicable at the discretion of Senior Staff to allow bidders to seek clarification on the requirements of the tender/proposal. 9.7 A Bidders meeting is to be held for all tenders and bidder attendance may be a mandatory requirement at Senior Staffs discretion. 9.8 Prior to the opening of a proposal or tender a bidder can request the return of such proposal or tender. The bidder may submit another proposal or tender provided such submission is within the time limits set out in the bid document. Guarantees of Contract Execution & Performance 9.9 Senior Staff may require that a Bid be accompanied by a Bid Bond or other similar security to guarantee entry into a Contract. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 110 of 254 9.10 In addition to the security referred to in Section 9.9, the Successful Bidder may be required to provide, a. a Performance Bond to guarantee the faithful performance of a Contract, and b. a Payment Bond to guarantee the payment for labour and materials to be supplied in connection with a Contract. 9.11 Senior Staff shall select the appropriate means to guarantee execution and performance of the Contract. Means may include one or more of, but are not limited to, financial bonds or other forms of security deposits, provisions for liquidated damages, progress payments, and Holdbacks. 9.12 Prior to the commencement of work and where deemed appropriate, evidence of Liability Insurance Coverage satisfactory to Senior Staff must be obtained, ensuring indemnification of the Municipality from any and all claims, demands, losses, costs or damages resulting from the performance of a Bidder's obligations under the Contract and from any other risk determined by Senior Staff as requiring coverage. 9.13 Prior to payment to a supplier, a Certificate of Clearance from the Workplace Safety and Insurance Board shall be obtained ensuring all premiums or levies have been paid to the Board to date or that independent Operator Status has been secured. 9.14 Senior Staff shall ensure that the guarantee means selected will: a. not be excessive but sufficient to cover financial risks to the Municipality; b. provide flexibility in applying leverage on a supplier so that the penalty is proportional to the deficiencies; and c. comply with provincial statutes and regulations. 9.15 Financial bonds for Contract performance shall only be required where the Municipality will be exposed to costs if the supplier does not complete the requirements of the Contract. 9.16 If the risk to the Municipality is not adequately limited by the progress payment provisions of the Contract, a minimum payment Holdback of 10% shall be mandatory on all Contracts exceeding $10,000. 9.17 Senior Staff may release the Holdback funds on construction contracts upon: a. the contractor submitting a statutory declaration that all accounts have been paid and that all documents have been received for all damage claims; b. receipt of clearance from the Workplace Safety and Insurance Board for any arrears of Workplace Safety and Insurance Board assessment; Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 111 of 254 c. all the requirements of the Construction Liens Act being satisfied; d. receipt of certification from the Municipality's Solicitor, where applicable, that liens have not been registered; and e. certification from the consulting engineer architect, under whom the work has been performed, that the conditions of the Contract have been satisfied. 9.18 The conditions for release of Holdback funds provided in Section 9.1 7 apply to other Goods or Services Contracts with necessary modifications. 9.19 The conditions for release of Holdback funds provided in Section 9.17 apply to either Goods or Services Contracts,with necessary modifications. Bid Irregularities 9.20 The process for administering irregularities contained in Bids pertaining to all Contracts shall be as set out in Schedule "B". 9.21 For an irregularity listed in the first column of Schedule"B",the response applicable to it is set out opposite to it in the second column of Schedule"B". Form of Contract 9.22 The Award of a Contract may be made by way of an agreement, or by letter of approval. 9.23 An approval letter is to be used when the resulting Contract is straightforward and will contain the Municipality's standard terms and conditions. 9.24 A formal agreement is to be used when the resulting Contract is complex and will contain terms and conditions other than the Municipality's standard terms and conditions. 9.25 It shall be the responsibility of Senior Staff to determine if it is in the best interest of the Municipality to establish a formal agreement with the supplier. 9.26 Where it is determined that Section 9.24 is to apply, the formal agreement shall be reviewed and approved for execution by the CAO or the Municipality's Solicitor. 9.27 Where a formal agreement is not required, Senior Staff shall issue a Purchase Order incorporating the terms and conditions relevant to the Award of Contract. Co-operative Purchasing 9.28 The Municipality may participate with other government agencies or public authorities in Co-operative Purchasing where it is in the best interests of the Municipality to do so. 9.29 The policies of the government agencies or public authorities calling the co- operative Tender are to be the accepted policy for that particular Tender. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 112 of 254 Supplier Performance 9.30 Senior Staff shall monitor the applicable performance of all procurement Contracts and shall document evidence related to same and shall advise the CAO where the performance of a supplier has been unsatisfactory in terms of failure to meet Contract specifications, terms and conditions or for Health and Safety, environmental or other violations. 9.31 Senior Staff may, in consultation with the CAO or the Municipality's Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts. 9.32 Where it is found that a supplier has performed poorly or below Contract requirements, Senior Staff shall make recommendations to Council about ways to deal with such performance. Receipt of Goods 9.33 Senior Staff shall, a. arrange for the prompt inspection of Goods on receipt to confirm conformance with the terms of the Contract; and b. inform the CAO of significant discrepancies immediately. 8.34 The CAO shall coordinate an appropriate course of action with Senior Staff for any non-performance or discrepancies. Reporting to Council 9.34 The Treasurer shall submit to Council an information report semi-annually containing the details relevant to the exercise of delegated authority for all Contracts awarded by Senior Staff exceeding ten thousand dollars ($10,000.00) including amendments and renewals. 9.35 Where a professional services supplier is awarded Contract(s) of a cumulative total value of $10,000 or more in a calendar year, all Contracts relative to the supplier shall be included in an annual information report to Council submitted by the Treasurer 9.36 Senior Staff shall certify in the report that the awards are in compliance with the Purchasing By-law. Access to Information 9.37 The disclosure of information received relevant to the issue of Bid solicitations or the Award of Contracts emanating from Bid Solicitations shall be made by the appropriate officers in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, as amended. Surplus Stock 9.38 Senior Staff shall submit to the CAO reports of furniture, vehicles, Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 113 of 254 equipment, stocks of all supplies, and other Goods and material, which are no longer, used or which have become obsolete, worn out, or incapable of being used. 9.39 The CAO shall have the authority to transfer furniture, vehicles, equipment, surplus stock, and other Goods and material from one department to other departments. 9.40 Senior Staff with the approval of the CAO shall have the authority to sell or dispose of all furniture, vehicles, equipment, surplus stock, supplies, or other Goods and material which have become unsuitable for use by the Municipality or to exchange or trade the same for new furniture, vehicle, equipment, surplus stock, supplies, or other goods and material. 9.41 Sale of surplus furniture, vehicles, equipment, stock, supplies and other Goods and material shall be made to the highest responsive Bidder and the sale shall be made in accordance with the provisions of this by-law where applicable. 9.42 Senior Staff with the approval of Council shall have the authority to donate to a charitable non-profit or religious organization, all furniture, vehicles, equipment, surplus stock, supplies, or other Goods and material which have become unsuitable for use by the Municipality. Section 10— By-law Review 10.1 The Procurement By-law shall be reviewed prior to the end of each Council term and any amendment thereto shall be made prior to the inaugural meeting of the next Council. 10.2 The review shall determine how effective the Procurement By-law has been in achieving the objectives set out in Section 1 of the by-law as well as the requirements of the Municipal Act, 2001, as amended. 10.3 The review shall be undertaken by the CAO, and Treasurer, and the following consultations: a. The Association of Municipalities of Ontario; b. The Minister of Municipal Affairs; c. The Federation of Canadian Municipalities; d. The National Institute of Governmental Purchasing. READ A FIRST, SECOND and THIRD TIME and finally passed this XXth day of March, 2015 Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 114 of 254 SCHEDULE "A" The acquisition methods described in this by-law may not apply to the following items: 1. Training and Education i. Conferences, conventions, courses and seminars; ii. Magazines, books, periodicals; iii. Memberships. 2. Refundable Employees Expenses i. Advances; ii. Meal Allowances; iii. Travel and Entertainment; iv. Miscellaneous-Non-Travel. 3. Employer's General Expenses i. Payroll Deductions Remittances; ii. Medical; iii. Licenses(Vehicle, etc.); iv. Debenture Payments including principal interest and foreign exchange; v. Insurance Premiums; vi. Grants to Agencies; vii. Damage Claims; viii. Petty Cash Replenishment; ix. Payments to Real Property; x. Tax Remittances; xi. Regional charges to and from other government bodies; xii. Payments for employment; xiii. Legal; xiv. Planning; xv. Engineering; xvi. Specialty Consulting. 4. Professional and Special Services i. Committee Fees; ii. Medical, Laboratory, and Pharmacy Services; iii. Legal fees for expert or professional legal services for all Regional and Insurance Matters; iv. Payments to Social Service and Health Agencies that are subject to purchase of Service Agreements; v. Medical and Dental fees; vi. Appraisal Fees; vii. Witness fees; viii. Honorariums. 5. Utilities (monthly charges and utility relocations) i. Postage; ii. Water and Sewer; iii. Hydro; iv. Gas. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 115 of 254 Schedule 'B' IRREGULARITY RESPONSE 1. Late Bids. Automatic rejection and not opened or read publicly. 2. Unsealed Envelopes. Automatic rejection. 3. Insufficient Financial Security (No Bid Automatic rejection. Security or agreement to bond or insufficient Bid bond or agreement to bond). 4. Bids not Completed in non-erasable Automatic rejection. medium and signed in ink. 5. Incomplete Bids (Part bids -all items Automatic rejection unless, in the not bid). opinion of Senior Staff in consultation with CAO, the incomplete nature is trivial or insignificant. 6. Qualified Bids (Bids qualified or Automatic rejection unless, in the restricted by an attached statement). opinion of Senior Staff in consultation with CAO, the qualification or restriction is trivial or not significant. 7. Bids received on documents other Automatic rejection unless, in the than those provided by the opinion of Senior Staff in consultation Municipality. with CAO, the matter is trivial or insignificant. 8. Bids Containing Minor Obvious 48 hours to correct and initial errors. Clerical Errors. 9. Failure to execute Agreement to Bond Automatic rejection. (Performance Security) or Bonding company corporate seal or signature missing from agreement to bond. 10. Failure to execute Bid Security Automatic rejection. (Financial Security). (a) Corporate seal or signature or both of 48 hours to correct. the Bidder, missing. (b) Corporate seal or signature of Automatic rejection. bonding company missing. 11. Bids Delivered to the wrong location. Automatic rejection 12. Other Bid Security- Uncertified Automatic rejection. Cheques. 13.Documents -Execution (a) Corporate seal or signature missing. 48 hours to rectify situation. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 116 of 254 (b) Corporate seal and signature Automatic rejection. missing. 14.Erasures, Overwriting or Strike-Outs which are not Initialed: (a) uninitiated changes to the Tender 48 hours to initial. documents which are minor (example: the tenderer's address is amended by over-writing but not initialed); (b) unit prices in the Schedule of Prices 48 hours to initial. have been changed but not initialed and the Contract totals are consistent with the price as amended; (c) unit prices in the Schedule of Prices Automatic rejection. which have been changed but not initialed and the Contract totals are not consistent with the price as amended; (d) other mathematical errors, which are 48 hours to initial corrections as not consistent with the unit prices. made by the Purchasing Services Division. (e) Documents, in which all necessary Automatic rejection. Addenda, which have financial implication, have not been acknowledged. (f) Other Minor Irregularities. The CAO and Senior Staff shall have authority to waive irregularities, which they jointly consider to be minor. (g) Any Irregularity. Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality. Report CAO-12/15 by Paul Shipway,Administrator re Procureme... Page 117 of 254 -15XY11444/ 411 REPORT o 4.4) CAO Pp°1 tunny Is•' TO: Mayor& Members of Council FROM: Paul Shipway,Administrator DATE: March 19, 2015 REPORT: CAO-17/15 SUBJECT: MUNICIPALITY OF BAYHAM—ACCESSIBILITY PLAN-POLCIES OVERVIEW The Accessibility for Ontarians with Disabilities Act(AODA)received Royal Ascent on June 13th 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January lSt, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and the Act has strong enforcement provisions including inspections, orders and significant penalties. The Municipality has committed to continued improvement of accessibility to its facilities and services for residents, visitors and staff with disabilities and to the participation of persons with disabilities in the development and review of its policies and procedures. DISCUSSION The Municipality has had accessibility requirements since 2005. Although until this time the Municipality has not formally satisfied all requirements of the legislation, in practice staff have been operating in accordance with the proposed policies and plans attached hereto. The purpose of the legislation is to ensure the fundamental values of full equality and participation are ingrained within policies and procedures. Moving forward the Municipality will be subject to the greatest impact by the Built Environment standards and requirements, which will have significant operational and financial impacts on the Municipality. Additionally, the Province is considering strict enforcement provisions, similar to that of the Ontario Health and Safety Act. Lastly, after the recent review of the legislation, the Province is contemplating additional accessibility standards. Next steps will include formal training on the policies and procedures. RECOMMENDATION Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 118 of 254 1. THAT Report CAO-17/15 re Municipality of Bayham Accessibility Plan - Policies 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 adopt the Municipality of Bayham Accessibility Plan —Policies; 3. AND THAT the Municipality of Bayham Accessibility Plan—Policies be posted on the website; 4. AND THAT By-law No. 2009-079 be repealed in its entirety. Respectfully Submitted by: Paul Shipway Administrator Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 119 of 254 The Corporation of the Municipality of Bayham 2015-2020 Multi-Year Accessibility Plan March 2015 1, • ' prilm Submitted to: - . Mayor and Members of Council i Municipality of Bayham ., . . ,. . • ..."- _ . .., . - . . :4_,:,' .4..':-_ ,_. .. ,_ - _ "• ,-. Alt Ti. .,-I''''''''-1'.,. , - ...... 0., L NI - _ t ' 41010404. - - .,- ileftelliardh c. _ - .,..-1. . 4 IR L 1=1 _ . ri - . .., ,, ',tar Law or, ,••• 1.4 ,. . g1 =.----_. _?.. 1 '1- ,,,,,14.,._,-'1.5°--..•-,..--n 04..v...r.2:. --.... : 2-- ; .•• i -" I ' ":7411)-;.7- 1 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 120 of 254 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1 2. GOVERNING LEGISLATION 2 3. COMMITMENT TO ACCESSIBILITY PLANNING 4 4. HOLISTIC ACCESSIBILITY, INCLUSION &YOU 5 5. IMPORTANCE OF ACCESSIBILITY& INCLUSION 6 6. ACCESSIBILITY PARTNERSHIP IN ELGIN COUNTY& BEYOND 7 7. BARRIER EXAMPLES 8 8. REVIEW& MONITORING PROCESS 10 9. COMMUNICATION OF THE PLAN 11 10. GLOSSARY 12 11. APPENDICES Appendix 'A' 15 Appendix 'B' 19 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 121 of 254 Executive Summary The need to improve accessibility is becoming more pronounced in a Ontario as the population ages and the labour force shrinks.According to the Ministry of Community and Social Services, approximately . �: ti 1.85 million people or 15.5% of people in Ontario have some type of disability; that is 1 in every 7 l •=- Ontarians. By 2036, that number • will rise to 1 in 5 as the population ages. In the next 20 years, the aging population and people with disabilities will represent 40% of the total income in Ontario, that's $536 billion dollars (Ontario Population Projections 2008-2036, Fall 2009 Ministry of Finance Report). A University of Toronto study further concluded that disability tends to increase with age, with the highest incidence of occurrence among individuals forty-five years of age and older. It is important to note the increasing aging population in the Municipality of Bayham, as older persons have higher tendencies to experience declining functional abilities.Accordingly, the 2011 Census revealed that 2,680 people, or 38% of the population of the Municipality of Bayham are forty-five years of age or older. This statistic provides the impetus for removing and preventing barriers in the Municipality of Bayham to allow for holistic accessibility and inclusion. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan was prepared in order to meet the obligations of the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan reviews earlier efforts to remove and prevent barriers to people with disabilities and identifies the measures to be undertaken in the coming years to increase accessibility and inclusion in the Municipality. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan also describes how the Municipality of Bayham will make the Multi-Year Accessibility Plan available to the public, provide opportunity for feedback and strive towards a holistically accessible and inclusive Municipality. 1 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 122 of 254 Governing Legislation There are two pieces of broad legislation in Ontario that speak to accessibility for individuals with disabilities as well as impact directly on the Municipality. The Ontarians with Disabilities Act, 2001 (ODA) directs that municipalities with more than 10,000 residents appoint Accessibility Advisory Committees as well as create and make public an annual accessibility plan. More recently, the Province passed the Accessibility for Ontarians with Disabilities Act, 2005 (AODA)which also includes the (111110° development of mandatory accessibility standards that will identify, remove and prevent barriers for people with disabilities in key areas of daily living. Enforceable requirements will ensure the removal of these barriers in both the public and private sectors with the aim of a fully-accessible province by 2025. These accessibility standards include: • Accessible Customer Service Standard This standard ensures that goods and services are provided in a manner that takes into account persons with disabilities. Requirements include policy development and extensive training thereof for all employees who deal directly or indirectly with the public. The training is key in assuring accessible customer service is provided by the Municipality. • Integrated Accessibility Standard Areas of information and communication, employment and transportation often contain barriers for persons with disabilities. The Accessibility Directorate determined that these three key areas will be combined and the accessibility requirements identified in a single regulation. Compliance deadlines vary according to the type of organization and the particular component of each individual requirement, i.e. Communications & Information, Transportation or Employment. 2 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 123 of 254 • Built Environment Standards The Accessibility Standards for the Built Environment focus on removing barriers in two areas: Ontario Building Code Ontario's Building Code was amended to include enhancements to accessibility in buildings. As of January 1, 2015, new construction and renovations will be subject to updated accessibility requirements. Accessibility Standard for the Design of Public Spaces The standard for the design of public spaces only applies to new construction and major changes to existing features. The standard covers: i. Recreational trails/beach access routes ii. Outdoor public eating areas like rest stops or picnic areas iii. Outdoor play spaces, like playgrounds in provincial parks and local communities iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest areas v. Service-related elements like service counters, fixed queuing lines and waiting areas 3 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 124 of 254 Commitment to Accessibility Planning The Council of the Municipality of Bayham is committed to: • The continual improvement, over time, of access to all municipal facilities, programs and services for those with disabilities, while having regard for the financial constraints faced by the Municipality. • The concept of universal design which makes the environment more user friendly for everyone. • The provision of quality Municipal services to all members of the community. • Accessibility training • Incorporating accessibility into the daily functions of all employees The process of accessibility planning is one that is never complete. Staff, Council and the Public are continually involved in discussions regarding accessibility planning year- round. The Municipality of Bayham Accessibility Plan provides the opportunity to demonstrate current achievements in accessibility and to establish implementation framework and future priority initiatives. Please refer to Appendix 'A' attached hereto to review the Municipality's current achievements in accessibility and inclusion. Please refer to Appendix 'B' attached hereto to review the Municipality's future priority initiatives to improve accessibility and inclusion. 1;iitlll! zl. �F 4j litek '41.7 a.. u... _...,.. ...c mss. �.. 4 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 125 of 254 Holistic Accessibility, Inclusion & You Recognizing that the Municipality of Bayham, organizations, businesses, and community agencies (including businesses and organizations that provide services, supplies or products, to, or on behalf of the Municipality of Bayham) set the tone for the community, the Municipality will do the following and encourage other organizations to do the same: • ensure that this policy is widely communicated and that all employees, and others to whom the policy applies, understand its intent; • ensure that existing policies and practices, including employment policies, are built upon non-discriminatory bases such as merit; that future policies and practices meet the objectives of this policy; and that revisions are communicated to the entire organization; • review current practices to ensure that every person is treated without discrimination and to eliminate barriers in accessing goods and services; • seek opportunities to involve people of diverse backgrounds in the design, use and evaluation of goods and services; • provide training and involve staff and volunteers in activities designed to promote an awareness, acceptance, and celebration of accessibility and inclusion; • establish mechanisms to ensure that discrimination and harassment are not encouraged or tolerated; • monitor organizational compliance with this policy; and lead by example. What can you do? • recognize that social change begins with individual change; you can, as a resident or visitor of the Municipality of Bayham, initiate change; • evaluate your own actions and preconceived biases and ideas about accessibility and inclusion; • educate yourself, volunteer your time and participate in activities which will broaden your experience with accessibility and inclusion; • encourage and support the development of programs and projects that promote holistic accessibility and inclusion; • advocate for both the elimination of barriers and discrimination and the celebration of accessibility and diversity within your own workplace and community; • challenge barriers and discrimination when you experience them or become aware of their existence. 5 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 126 of 254 Importance of Accessibility & Inclusion? • When we encourage the full and active participation of every person, we are drawing on the diverse life experiences and points of view of our fellow citizens, which leads to innovative solutions; • When we promote the Municipality of Bayham as a diverse Municipality that is welcoming of all people, the Municipality is more competitive in the economic marketplace and more attractive as a destination for visitors and new residents; • When we respect, value, and nurture accessibility and inclusion as an exciting and integral part of our collective experience and identity, we can strengthen and create a safe, healthy, and vibrant community; • In order to enjoy the benefits of a holistically accessible and inclusive community, we need to address barriers that impede equal participation, work toward the elimination of bias, prejudice and discrimination • (which can be intentional, unintentional or systemic). Responsibility Every resident, organization, institution, agency, government and individual has an opportunity to make this plan successful. We are all leaders. This plan is designed to create plenty of opportunities for all voices to be heard and new leaders to emerge. 6 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 127 of 254 Accessibility Partnership in Elgin County & Beyond All lower tier Elgin County Municipalities utilize the Accessibility Coordinator services provided by Elgin County. Elgin County coordinates regular meetings with local municipal accessibility staff, which provides the opportunity to share best practices and information. Additionally,Accessibility Coordinators meet regularly with staff counterparts across the County and Southwestern Ontario to discuss ongoing planning and implementation. The Municipality of Bayham Accessibility Coordinator is also a member of the Ontario Network of Accessibility Professionals (ONAP), a group comprised primarily of staff responsible for accessibility planning in the municipal sector. The network provides the opportunity to share accessibility planning resources and initiatives across the province. 1411111°'- J. 1 _ J Accessibility i(miii000, 741 O 11 7 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 128 of 254 Barrier Examples The intent of the Multi-Year Accessibility Plan is to prevent, identify and remove barriers. Barriers are obstacles that stand in the way of people with disabilities from being able to do many of the day-to-day activities that most people take for granted.A barrier is defined as anything that prevents a person with a disability from fully participating in all aspects of society because of the disability. The traditional definition of a barrier used in the context of accessibility has been expanded to include obstacles beyond physical boundaries. There are several other categories of barriers to consider, such as • Environmental Barriers: features, buildings or spaces that restrict or impede physical access. For example, a doorway that is too narrow to accommodate entry by person in a motorized scooter. • Communication Barriers: obstacles with processing, transmitting or interpreting information. For example, print on a brochure that is too small to read or documents not available in alternative formats. • Attitudinal Barriers: prejudgments or assumptions that directly or indirectly discriminate. For example, assuming that all visually impaired persons can read Braille. • Technological Barriers: when technology cannot or is not modified to support various assistive devices and/or software. For example, a website that does not provide for increased text size or contrast options. • Systemic Barriers: barriers within an organization's policies, practices and procedures that do not consider accessibility. For example, listing a driver's licence as an employment qualification for an office position may prohibit persons with visual impairments from applying. Members of Council, Municipal staff and Committee members must keep in mind that barriers can be either"systemic" or"specific"; that is, barriers that are prevalent throughout the Municipality or are just specific to one process or facility. 8 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 129 of 254 Two examples are: A Systemic Barrier: Job postings and public meeting notices are advertised in local newspapers and on the website.As the Municipal website does not have a program for the visually impaired, and visually impaired residents may not be able to read the newspaper, not all residents or viewers have equal access to the information. A Specific Barrier: There is no accessible entrance at the Vienna Community Centre, therefore any person unable to utilize the stairs is prevented from participating in events hosted at the Community Centre. - ,05. oCi fia ill OP dit1;°( *ow _• ,__ /74. • 1'414 9 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 130 of 254 Review & Monitoring Process The Accessibility Plan is intended as a working document. Comments and recommendations will be noted throughout the upcoming year. These comments and recommendations will then be taken into account during the compilation of the 2016 Annual Accessibility Plan. Accessibility improvements, ideologies and benchmarks continue to be solidified with planning concepts that develop into Municipal procedures and processes. 11111111 User Testing for Web Accessibility Additional evaluation and reporting efforts include: • Annual review of the Multi-Year Accessibility Plan and preparation of a progress report. • Annual progress report prepared for Council to identify progress of the Plan's implementation, accomplishments and achievements; posted online and available in alternative formats upon request. • Compliance reports submitted to the Accessibility Directorate of Ontario, which regulates compliance for all Ontario Organizations 10 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 131 of 254 Communication of the Plan Feedback is an integral part of the evaluation process. The Municipality of Bayham will continue to review and expand consultation strategies to engage key groups in providing accessibility related feedback, including people with disabilities. Members of the public are encouraged to make comments on the Municipality of Bayham Multi-Year Accessibility Plan and accessibility matters in general. There are a number of ways you can contact the Municipality of Bayham to express your accessibility related comments including contacting the undersigned. The Corporation of the Municipality of Bayham 9344 Plank Rd Bayham ON N0J 1Y0 Phone: 519-866-5521 Email: accessibility@bayham.on.ca The 2015-2020 Multi-Year Accessibility Plan will also be available in the following locations: Report to Council: Initially, this Accessibility Plan will be made available through a report to Council. Website: The 2015-2020 Multi-Year Accessibility Plan can be accessed through the Municipality of Bayham website www.bayham.on.ca 11 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 132 of 254 Glossary Accessibility: In a context relating to people with disabilities, the term can be defined as the degree with which people with disabilities are able to access the functionality, and possible benefit, of some system or entity. Essentially, `Accessibility' refers to the potential for a product or service to be beneficial to as many people as possible. Accessibility for Ontarians with Disabilities Act, 2005 (AODA): Legislation enacted by the Province of Ontario in June of 2005, that provides the framework by which certain accessibility standards will be developed to ensure that businesses and organizations maintain practices and provide goods and services in a manner that is accessible to everyone including people with disabilities. The goal of the AODA is to build on the framework of the ODA, establish enforceable and qualitative standards in order to assist in developing a "fully accessible" province by 2025. Accessible Formats: May include, but not limited to large print, recorded audio and electronic formats, Braille and other formats useable by persons with disabilities. Assistive Device: Any auxiliary tool, aid, technology or other mechanism that enables a person with a disability to do everyday tasks and activities such as moving, communicating or lifting; assists in accessing goods, services or information and helps the person to maintain independence. Examples include but are not limited to: communication aids, cognition aids, personal mobility aids, and medical aids. Barrier: Anything that prevents a person with a disability from fully participating in all aspects of society due to their disability. The definition is not limited to structural or physical impediments, it can also relate to various other obstacles such as systemic, attitudinal, technological, informational, etc. Designated Public Sector Organization: Every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies— Definitions) made under the Public Service of Ontario Act, 2006. 12 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 133 of 254 Disability: The ODA and AODA both adopt the broad definition for disability that is set out in the Ontario Human Rights Code, "Disability" is: • Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; • A condition of mental impairment or a developmental disability; • A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; • A mental disorder; or. • An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; ("handicap"). Information: Includes data, facts and knowledge that exist in any format, including text, audio, digital or images, that convey meaning. Multi-Year Accessibility Plan: A program and itemization of forecasted initiatives to identify past achievements with respect to improving accessibility for people with disabilities, formulating future goals and providing a context by which both can be assessed and evaluated. Ontarians with Disabilities Act, 2001 (ODA): Legislation enacted by the Province in November of 2001 to `improve opportunities for persons with disabilities and provide for their involvement in the identification, removal and prevention of barriers'. The ODA required municipalities with more than 10,000 residents to develop an Accessibility Advisory Committee and to submit an annual Accessibility Plan to the province. The AODA will eventually replace the ODA; however, a date for its repeal has not yet been determined. Ontario Human Rights Code: A provincial law in Ontario that gives all citizens equal rights and opportunities without discrimination in specific areas such as employment, housing and services. The Human Rights Commission was established as an oversight and appeal body in relation to the law. Prior to the ODA being enacted in 2001, the Human Rights Code was the only applicable legislation to uphold accessibility rights. 13 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 134 of 254 Ontario Regulation 429/07 (Accessible Customer Service Standard): The first standard to be released under the AODA which took force and effect for all public organizations on January 1, 2010 and private organizations on January 1, 2012. The standard mandates the development of policies, practices and procedures in the areas of communication, notice for disruption of services, service and support animals, assistive devices, training and customer feedback in relation to the core principles of the standard; dignity, independence, integration and equal opportunity. Ontario Regulation 191/11 (Integrated Accessibility Standards): The second standard to be released under the AODA which took force and effect for all public organizations on July 1, 2011. The standard consolidates the development of policies, practices and procedures in the areas of information and communications, employment and transportation within a phased implementation schedule. Redeployment: The reassignment of employees to other departments or jobs within the organization Standard: The criterion establishing what a person or organization must accomplish to achieve the minimum level of compliance.Accessibility Standards will be legislated by way of Ontario Regulations pursuant to the AODA. Web Content Accessibility Guidelines (WCAG): International guidelines to ensure consistent web accessibility; the World Wide Web Consortium recommendation, dated December 2008, entitled "Web Content Accessibility Guidelines" (WCAG) 2.0. 14 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 135 of 254 Accessibility for Ontarians with Disabilities Act Legislation Ontario Regulation 191/11 —The Integrated Accessibility Standards Ontario Regulation 429/07— Accessibility Standards for Customer Service The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's compliance with the various regulations stemming from the Accessibility for Ontarians with Disabilities Act. The Municipality has taken a proactive approach to compliance with the legislation and regulations and is on track to satisfy all requirements under the Accessibility for Ontarians with Disabilities Act by January 2014. The Municipality's compliance with the legislation will allow resources to be directed towards increasing policy and program efficiency and effectiveness, while also reaching out into the community to assist the private sector with legislative compliance in an effort to make the Municipality of Bayham holistically accessible and inclusive. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2010 Accessibility Standards for Customer Service: CAO The Municipality is in compliance with this Establishment of policies,practices and requirement procedures regarding Accessible Customer Service Procedure,Service Animals and Support Persons Procedure,Disruption in Municipal Service Procedure, Feedback Mechanisms Procedure and the Accessible Customer Service Feedback Form. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January Emergency Procedure, Plans or Safety CAO The CAO will arrange to 2012 information: provide emergency information in accessible Provide or arrange for the provision of formats upon request. accessible formats and communication supports for persons with a disability,as soon This requirement relies as is practical upon request. on the use of the Alternate Formats Policy The Municipality is in compliance with this requirement 15 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 136 of 254 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2012 Workplace Emergency Response: CAO The Municipality of Bayham Workplace Provide individualized workplace emergency Emergency Response response information to employees who have a Procedure is an internal disability,if the disability is such that the policy available to all individualized information is necessary and the Municipal staff and is employer is aware of the need to provide circulated to new accommodation. employees during orientation and to If employee requires assistance,with the existing employees once employee's consent,the employer shall provide a year. the individualized workplace emergency response information to the person designated This requirement relies to provide such assistance. on the use of the Alternate Formats Policy. Review of Individualized Emergency Response Plan: The Municipality is in compliance with this When the employee moves to a different requirement location in the organization,when the employee's overall accommodation needs are reviewed,when the employer reviews its general emergency response policies. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Establishment of Accessibility Policies: CAO The Municipality documents its Develop,implement and maintain policies accessibility initiatives governing how the organization achieves or will yearly in its annual Multi- achieve accessibility through meeting its Year Accessibility Plan. requirements under the accessibility standards. Additionally,all Municipal policies are based on the Establishment of a Multi-Year Accessibility Plan Mission Statement: The Municipality of Bayham is dedicated to promoting, enhancing and creating a barrier-free environment for all persons,regardless of needs,to participate as fully as possible in all aspects of community life. The Municipality is in compliance with this requirement January 2014 Procuring or Acquiring Goods,Services or CAO The Municipal Facilities: Treasurer Procurement By-law and Accessible Incorporate accessibility criteria and features Procurement Guide into procurement practices so that goods, satisfy this requirement. services and facilities are more accessible to people with disabilities unless it is not The Municipality is in practicable to do so. compliance with this requirement 16 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 137 of 254 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Self-Service Kiosks: CAO The Municipality of Bayham does not All organizations that offer services or products currently utilize any self- through self-service kiosks shall take steps to service kiosks. make them accessible to people with disabilities so they can be used independently and securely. January 2015 Training: CAO Municipal Staff in consultation with the All organizations will train those individuals Elgin County Accessibility (employees or volunteers)who participate in Coordinator are currently developing the organization's policies,and all developing those who provide goods or services on behalf comprehensive training of the organization,about the requirements of to satisfy this the Integrated Accessibility Standards and the requirement that will be Ontario Human Rights Code as it relates to ready for spring 2015. people with disabilities. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Public Feedback Process: CAO This requirement relies on the use of the Provide or arrange for provision of accessible Alternate Formats Policy. formats and communication supports for persons with a disability upon request. The Municipality is in Notify the public of the availability of accessible compliance with this formats and communication supports for the requirement feedback process. January 2014 Internet Content and Websites: CAO The Municipality had a website accessibility New internet websites and content to conform audit completed on the to the World Wide Web Consortium Web Municipal website in the Content Accessibility Guidelines(WCAG)2.0 spring or 2014 and will initially at level A. have all internet websites &content conforming to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG)2.0 Level AA (exceptions success criteria 1.2.4&1.2.5)by May 2015 Additionally,all Municipal documents are produced in accordance with the Alternate Formats Policy. 17 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 138 of 254 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Recruitment Process: CAO The Municipality is in compliance with this Notify employees and public about the requirement availability of accommodation. Selection&Assessment Process:Notify job applicants,when individually selected,that accommodations are available upon request. Documented Individual Accommodation Plans: develop a written process for the development of documented individual accommodation plans. Return to Work:Develop and document a return to work process for employees who have been absent due to a disability and require disability-related accommodations in order to return to work. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Accessible Formats and Communication: CAO The Alternate Formats Policy ensures that all Provide or arrange for provision of accessible corporate documents are formats and communication supports for produced in an persons with a disability upon request;in a accessible format. timely manner taking into account the person's accessibility needs;at a cost no more than The Municipality is in charged by other persons. compliance with this requirement January 2012 All internet websites&content to conform to CAO The Municipality will have World Wide Web Consortium Web Content a website accessibility Accessibility Guidelines(WCAG) audit completed on the 2.0 Level AA,exceptions success criteria 1.2.4 Municipal website by the &1.2.5. spring 2015 and have all internet websites& content conform to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG)2.0 Level AA (exceptions success criteria 1.2.4&1.2.5). Additionally,all Municipal documents are produced in accordance with the Alternate Formats Policy. 18 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 139 of 254 Accessibility for Ontarians with Disabilities Act Legislation MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's initiatives completed to date and a list of proposed future initiatives to enhance accessibility in the Municipality of Bayham in an effort to make the Municipality holistically accessible and inclusive. Year 2015-2020 Task Department Municipal Facilities Accessibility Audit (2014-2015) CAO Barrier-Free Municipal Elections (2006-2010) Clerk's Department Continual monitoring of Municipal sidewalks including mud-jacking Public Works (leveling sidewalks to alleviate water ponding and trip hazards), cutting (eliminating trip hazards) and replacement Utilization of the Elgin County Coordinator to ensure holistic CAO accessibility and Inclusion 19 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 140 of 254 INAYH44 CIL A1,oi.tu IS1Co �� nity Corporation of the Municipality of Bayham Policy Name: Municipality of Bayham Accessibility Policy Section 1 - Policy Statement The Corporation of the Municipality of Bayham is committed to providing quality goods and services that are accessible and inclusive to all persons that it serves. In order to meet the needs of persons with disabilities the Municipality of Bayham will: i. Ensure policies, practices and procedures address dignity, independence, integration, inclusiveness and provide for equal opportunity for persons with disabilities; ii. Allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the services offered by the Municipality; iii. Strive to meet the needs of persons with disabilities in a timely manner, at a cost no greater than that for persons without disabilities; iv. Accommodate the accessibility needs of persons with disabilities to ensure they can obtain, use or benefit from the Municipality's goods, services, programs and facilities. The Municipality will promote accessibility by ensuring that compliance is met for all regulations made under the Accessibility for Ontarians with Disabilities Act, 2005(AODA). In order to ensure that timelines are met and the Municipality continues to strive to be holistically accessible, the Municipality will establish, implement and maintain a multi-year accessibility plan. The Municipality of Bayham Multi-Year Accessibility Plan will outline the Municipality's strategy to prevent and remove barriers to persons with disabilities. The Municipality of Bayham Multi-year Accessibility Plan will be reviewed at least once every five years. Further, an annual status report will be prepared and presented to Council. Section 2 - Background The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a provincial statute that allows the government to develop and enforce specific standards for accessibility. The standards, or regulations, are intended to achieve accessibility for persons with disabilities with respect to customer service, transportation, built environment, information/communication and employment. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 141 of 254 Section 3 -Application This policy shall apply to every person who deals with members of the public or other third parties on behalf of the Corporation of the Municipality of Bayham, whether the person does so as an employee, agent, volunteer or otherwise. This policy applies to all services offered at facilities owned, leased or operated by the Municipality, as well as public events hosted by the Municipality, regardless of where the event takes place. This policy also applies to all external groups and agencies that use facilities owned leased or operated by the Municipality to hold a public event. Section 4- Definitions i. 'Assistive Device'shall mean a device used to assist persons with disabilities in carrying out activities or accessing the services of persons or organizations; ii. 'Barrier' shall mean an obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; iii. `Disability' shall be as defined in the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005 and include any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co- ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; a condition of mental impairment or a developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; a mental disorder: or an injury or disability for which benefits were claimed under the insurance plan established under the Workplace Safety and Insurance Act, 1997. iv. 'Discrimination' shall mean unequal treatment based upon any of the prohibited grounds as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour, Sex(including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability. v. 'Municipality' shall mean the Corporation of the Municipality of Bayham. vi. 'Nurse' shall mean a Registered Nurse, Registered Practical Nurse or Nurse Practitioner who is a registered member in good standing with the College of Nurses in Ontario. vii. 'Physician' shall mean a physician who is a registered member in good standing with the College of Physicians and Surgeons of Ontario. viii. 'Service Animal'shall include: a. A 'guide dog', as defined in Section 1 of the Blind Persons Rights'Act; or b. an animal used by a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or the person provides a letter from a physician or nurse practitioner confirming that the person requires the animal for reasons relating to the disability. (as per customer service standard) c. As defined within legislation ix. 'Support Person'shall mean a person who accompanies a person with a disability in order to assist them with communication, mobility, personal care, or medical needs or with access to goods or services. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 142 of 254 Section 5—Accessible Procurement The Municipality will use reasonable efforts to ensure accessibility criteria and features are considered when purchasing goods, service and facilities. When it is not practicable to incorporate accessibility criteria, the Municipality will provide an explanation upon request. In general, procurement will be consistent with the following principles: i. The Municipality's goods and services are provided in a manner that respects the dignity and independence of persons with disabilities; ii. The provision of the Municipality's goods and services to persons with disabilities is integrated with those provided to persons who do not have disabilities unless an alternative measure is necessary to enable a person with a disability to obtain, use or benefit from the Municipality's goods and services and; iii. Persons with disabilities are given an opportunity equal to that of persons without disabilities to obtain, use or benefit from the Municipality's goods and services. Section 6-Alternate Formats—Communication Supports The Municipality will provide alternate formats of information and communication that is produced or in direct control of the Municipality. Alternate formats will be provided upon request, in a timely manner and at a cost that is no more than the cost charged for the original format. When it is not practicable to provide an alternate format, the Municipality will provide an explanation and a summary of the document in an accessible format. The Municipality will provide communication supports to members of the public upon request. If the Municipality is unable to obtain the requested communication support, the Municipality will work with the individual to determine an appropriate alternative method of communication. Section 7 - Feedback Process The ultimate goal of the Municipality is to meet and surpass public expectations pertaining to public service. Comments on Municipal services regarding how well those expectations are being met are welcome and appreciated as they may identify areas that require change and encourage service improvements. Feedback regarding the way the Municipality provides goods and services can be made by completion of a Feedback Form available at all on the Municipal website. Section 8 -Service Disruptions The Municipality will make reasonable effort to provide notice of a disruption to the public, including information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if any, that may be available. The Municipality will make reasonable effort to provide prior notice of planned disruption whenever possible, recognizing that in some circumstances such as in the situation of unplanned temporary disruption, advance notice will not be possible. In such cases, the Municipality will provide notice as soon as practicable. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 143 of 254 The notice will be placed on the Municipal website and by any other method that is reasonable and applicable under the circumstances. Section 9 -Support Persons The Municipality is committed to welcoming persons with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed to enter the Municipality's premises with their support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to their support person while on Municipal premises. The Municipality may require a person with a disability to be accompanied by a support person while on Municipal premises in situations where it is necessary to protect the health and safety of the person with the disability or the health and safety of others on the premises. In certain situations, the Municipality, at its discretion, may require a support person to sign a confidentiality agreement prior to an exchange of information with the person with a disability. A support person, when assisting a person with a disability to obtain, use or benefit from the Municipality's goods or services, shall not be charged for admission to any facility owned and operated by the Municipality. Section 10 -Service Animals The Municipality is committed to welcoming persons with disabilities who are accompanied by a service animal on those parts of Municipal premises that are open to the public and other third parties provided the animal is not otherwise excluded by law. If a service animal is excluded by law, the Municipality will ensure that alternate means are available to enable the person with a disability to obtain, use or benefit from the Municipality's goods and services. If it is not readily apparent that the animal is a service animal, the Municipality may ask the person with the disability for a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. The Municipality may also, or instead, ask for a valid identification card signed by the Attorney General of Canada or a certificate of training from a recognized guide dog or service animal training school. If proper documentation is not produced, the person with the disability may be asked to remove the animal from the premises. It is the responsibility of the person with the disability to ensure that their service animal is kept in control at all times. This will include controlling the behavior of the animal (e.g. barking or growling), cleaning up after the animal (e.g. defecation) and being responsible for any damage the animal may cause to Municipal property. Section 11 - Use of Assistive Devices A person with a disability may provide their own assistive device for the purpose of obtaining, using and benefiting from the Municipality's goods and services. Exceptions may occur in situations where the Municipality has determined the assistive device may pose a risk to the Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 144 of 254 health and safety of a person with a disability or the health and safety of others on the premises. In these situations, the Municipality may offer a person with a disability other reasonable measures to assist him or her in obtaining, using and benefiting from the Municipality's goods and services where the Municipality has such other methods available. It should be noted that it is the responsibility of the person with a disability to ensure that his or her assistive device is operated in a safe and controlled manner at all times. Section 12 - Built Environment Standards The Accessibility Standards for the Built Environment focus on removing barriers in two areas and the Municipality is committed to the same: Ontario Building Code Ontario's Building Code was amended to include enhancements to accessibility in buildings. As of January 1, 2015, new construction and renovations will be subject to updated accessibility requirements. Accessibility Standard for the Design of Public Spaces The standard for the design of public spaces only applies to new construction and major changes to existing features. The standard covers: i. Recreational trails/beach access routes ii. Outdoor public eating areas like rest stops or picnic areas iii. Outdoor play spaces, like playgrounds in provincial parks and local communities iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest areas v. Service-related elements like service counters, fixed queuing lines and waiting areas vi. Maintenance of accessible public spaces. Section 13-Accommodation The Municipality of Bayham is an equal opportunity employer. The Municipality's commitment to a holistically inclusive work environment and universal accommodation extends to all employment activities: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition. It also includes the purchase and management of information technology and communication systems, development and management of information services, decisions relating to real property, purchases of internal fittings, and decisions related to conferences, seminars and training. The Municipality of Bayham is an Equal Opportunity Employer If you require accommodation at any time throughout the employment activities process, please contact us at: 519-866-5521, accessibility@bayham.on.ca or by visiting www.bayham.on.ca and we will make every effort to provide appropriate assistance pursuant to the Municipality of Bayham Employment Activities Accommodation Policy. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 145 of 254 Section 14-Training Training will be provided to staff members, volunteers and third parties in accordance with the Accessibility for Ontarians with Disabilities Act, 2005(AODA). The Municipality will retain records of training, including the date on which training is provided, the number of individuals to whom it is provided and the nature of the training that is provided. The names of the individuals trained will be recorded for municipal administrative purposes and all personal information collected will be managed in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Section 15- Responsibilities Municipal Council and staff are responsible for adhering to the parameters of this policy. Staff will consult with the County of Elgin Accessibility Coordinator on the implementation of this policy. Section 16- Modifications to this Policy The Municipality is committed to developing accessibility policies that respects and promotes the dignity and independence of persons with disabilities. Therefore, no changes will be made to this policy before considering the impact on persons with disabilities. All amendments or modifications to this policy shall be approved by Council. Section 17-Questions about this Policy This policy exists to achieve service excellence to persons with disabilities. If questions exist about the policy, or if the purpose of a policy is not understood, an explanation will be provided by the Administration of the Municipality of Bayham. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 146 of 254 INAYH44 CIL A1,oi.tu IS1Co�`5-4' nity Corporation of the Municipality of Bayham Policy Name: Accessible Procurement Policy Section 1 - Reference i. Integrated Accessibility Standards Regulation, Ontario Regulation 191/11 ii. Accessibility for Ontarians with Disabilities Act, 2005 (AODA). iii. Accessibility Standards for Customer Service, Ontario Regulation 429/07 iv. Ontario Human Rights Code, R.S.O. 1990 Section 2 - Background The Accessibility for Ontarians with Disabilities Act, 2005 (AODA)received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. As part of the ongoing requirements under AODA and Ontario Regulation 191/11, the Integrated Accessibility Standards Regulation (IASR), an obligation dealing with the procurement of goods and services has been developed. The requirement dictates the incorporation of accessibility criteria and features into procurement practices so that goods, services and facilities are more accessible to persons with disabilities unless it is not practicable to do so. Section 3 - Definitions a. Barrier.An obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 147 of 254 b. Disability: Under section 10(1)of the Human Rights Code, "Disability" means: any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness, and without limiting the generality of the foregoing, including diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; a condition of mental impairment or developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; a mental disorder; an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 Disability does not include a minor or common medical condition such as a cold, flu or minor backache that arises from the stresses, pains and inconveniences of everyday life. Disability may be temporary, short-term, long-term or permanent. c. Discrimination: Unequal treatment based upon any of the prohibited grounds as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour, Sex (including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability. Section 4—Overview When procuring goods and services the Municipality of Bayham will make every attempt to incorporate accessibility criteria and features to ensure the largest amount of persons can utilize the goods and/or services. Where applicable, procurement documents will specify the desired accessibility criteria to be met and provide guidelines for the evaluation of proposals in respect of those criteria. Where it is impractical for the Municipality to incorporate accessibility criteria and features when procuring or acquiring specific goods or services, the responsible Senior Staff member will provide a written explanation on request describing the reasons for excluding accessibility criteria. Legislative Accessibility Obligations in Procurement a. Ontario Human Rights Code:All persons with disabilities have the right to equal treatment in employment, services, goods, facilities, housing, contracts and membership in trade and vocational associations. The Municipality of Bayham has a duty, as an employer and as a service provider, to ensure persons with disabilities are accommodated. b. Ontarians with Disabilities Act, 2001:Section 13 states that"in deciding to purchase goods or services through the procurement process for the use of itself, its employees or the public, the council of every municipality shall have regard to the accessibility for persons with disabilities to the goods or services. 2001, c. 32, s. 13." (The Ontarians with Disabilities Act is superseded by the Accessibility for Ontarians with Disabilities Act and on a date named by the Registrar will be repealed) c. Accessibility for Ontarians with Disabilities Act, 2005: Section 5 of the Integrated Accessibility Standards Regulation states that"designated public sector organizations Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 148 of 254 shall incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, except where it is not practicable to do so" and "if the designated public sector organization determines that it is not practicable to incorporate accessibility criteria and features when procuring or acquiring goods, services or facilities, it shall provide, upon request, an explanation". Section 5- Procedure 5.1 All corporate documents shall feature the"Alternate Formats"clause as per the Municipality of Bayham -Alternate Formats Policy: "Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521or at accessibility(c�bayham.on.ca" 5.2 In order to meet accessibility obligations in procurement-related activities, Senior Staff shall consider the following three key questions: a. What are the barriers that persons with disabilities might face in trying to use the goods or services you are planning to acquire? b. Will these goods or services be used by members of the public or by Municipality of Bayham employees? c. What are the appropriate accessibility criteria and how can they be incorporated into the procurement process? 5.3 Senior Staff shall conduct an assessment to determine whether the goods or services may create barriers for persons with disabilities, whether they are members of the public or Municipal employees. 5.4 Senior Staff shall include accessibility considerations in their respective procurement documents. The level of detail in the procurement documents may vary, based on the nature of the acquisition. Senior Staff may wish to include the following information: a. A description of the need to provide accessible goods or services currently and in the future. b. The results of market research. c. An analysis of possible procurement strategies and options for acquiring and deploying accessible goods or services, including the associated cost/benefit analysis. 5.5 In situations where Senior Staff determines that it is not practicable to incorporate accessibility criteria and features in procurement of the goods or services, Senior Staff shall prepare an explanation regarding the exclusion of accessibility criteria in the procurement process that shall be available to the public upon request. 5.6 The procurement document, excluding procurement documents designed as per Section 5.5 of this Procedure, shall provide detailed specifications, including accessibility criteria and features, based on the identified needs. For example: a. The specifications for the provision of customer services requiring a vendor to complete training programs on accessibility before being hired to complete the contract. i. Example: A contract person providing services or goods for the Municipality would require customer service training. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 149 of 254 b. The specifications in producing a public report requiring a vendor to produce the report in a different print colour, font style and size, as well as in alternate formats as per the Municipality of Bayham Alternate Formats Policy. i. Example: Consultants reports following the Municipality of Bayham Alternate Formats Policy, or providing manipulability in an electronic document (PDF) 5.7 Senior Staff incorporating accessibility criteria and features into procurement documents may utilize sample accessibility language taken from Section 6 of this policy. 5.8 Senior Staff shall ensure that the successful vendor meets their accessibility obligations throughout the term of the contract. Section 6-Accessibility Language for Procurement Documents 6.1 Where appropriate, Municipality of Bayham Senior Staff may adapt the sample language to suit their procurement needs. Suggested Language—Accessibility Obligation "The Municipality of Bayham is dedicated to promoting, enhancing and creating, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The Province of Ontario has passed legislation including the Ontario Human Rights Code, Ontarians with Disabilities Act, 2001 (ODA)and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA)and its regulations. The purpose of this legislation is to improve opportunities for persons with disabilities and to provide for their involvement in the identification, removal and prevention of barriers to allow for their full participation in the life of the Province. For more information on the government's commitment to accessibility, please visit www.ontario.ca/accesson." Suggested Language-Scope of Services "Suppliers should be able to demonstrate an understanding of accessibility and accommodation requirements of persons with disabilities in the delivery of their programs and services." Suggested Language- Knowledge& Experience of Proponent &Associates "Demonstrates subject matter expertise in accessibility." "Provides examples of similar work assignments that demonstrate the Proponent's knowledge and experience with respect to accessibility." "Describes specific credentials and/or certificates, qualifications and/or tools with respect to accessibility." Suggested Language- Minimum Accessibility Requirements "Minimum requirements for Suppliers have been established to help ensure that the Municipality of Bayham acquires quality resources. These minimum requirements are: Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 150 of 254 • demonstrate knowledge of and capacity to develop programs and materials which accommodate the needs of persons with disabilities utilizing the programs. • ensure that accessibility is reflected in course and training materials. • be able to provide, if required, courses, products and materials in a range of alternate formats. • ensure that programs and services take place in wheelchair accessible facilities." Suggested Language-Accessibility Requirements "The Municipality of Bayham is committed to the highest possible standard for accessibility. Supplier(s) must be capable to recommend and deliver, as appropriate for each requirement, accessible services consistent with the Ontario Human Rights Code (HRC), the Ontarians with Disabilities Act, 2001 (ODA)and Accessibility for Ontarians with Disabilities Act, 2005 (AODA)and its regulations to ensure that all participants can participate and contribute equally in all Client requirements." "Suppliers are required to comply with all relevant/applicable and any future additions or modifications to legislation, as they become enacted to Accessibility standards and regulations." Suggested Language-Accessibility Training "The Supplier must: ensure appropriate employees have completed the Municipality of Bayham Accessibility for Ontarians with Disabilities Act Compliance Statement Form prior to the start of any work; complete any future Municipality of Bayham Accessibility training courses within thirty(30)calendar days of becoming available; and be aware and sensitive to accessibility and disability issues." "Suppliers are to ensure that training records are maintained, including dates when training is provided, the number of personnel who received training and individual training records. The Suppliers are to ensure that this information is available to Municipality of Bayham Representatives any time during the Term of the Contract." Suggested Language—Public Documents "Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 or at accessibility@bayham.on.ca" Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 151 of 254 Suggested Language-Video Production As per the IASR (Integrated Accessibility Standards Regulation) under the AODA, for January 1, 2014, new websites and content proponents are to meet, at a minimum, the WCAG 2.0 Level A accessibility requirements with the exception of(live)captions and (pre-recorded) audio descriptions. This section, except where meeting the requirement is not practicable, applies to websites and web content, including web based applications and to web content published on a website after January 1, 2012. Produce high-definition video products that are models of accessible formats and diversity. Videos must exemplify accommodations for persons with disabilities including but not limited to; closed captioning, transcripts and audio description Suggested Language- Event Planning The event will need to reflect the Municipality of Bayham's accessibility policies, programs and procedures (such as those posted on http://www.bayham.on.ca/accessibility). The organizer of the event must identify procedural and/or accessibility issues and how to resolve effectively. The event will align with the Municipality of Bayham's Accessible Customer Service Policies. The event will meet the obligations of the Municipality under the AODA and its regulation in force and effect on the date of the event. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 152 of 254 INAYH44 CI � Poi.tu At?' nity Corporation of the Municipality of Bayham Policy Name: Alternate Formats—Communication Supports Policy Section 1 - Reference i. Integrated Accessibility Standards Regulation, Ontario Regulation 191/11 ii. The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) iii. Accessibility Standards for Customer Service, Ontario Regulation 429/07 Section 2 - Background The Accessibility for Ontarians with Disabilities Act(AODA)received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and the Act has strong enforcement provisions including inspections, orders and significant penalties. As part of the ongoing requirements under the Accessibilities for Ontarians with Disabilities Act, 2005 (AODA) and Ontario Regulation 191/11, the Integrated Accessibility Standards Regulation (IASR), an obligation dealing with the provision upon request of corporate documents in alternate formats was developed. If an employee or member of the general public requests alternate formats of corporate documents for accessibility reasons, the Municipality must attempt to develop and deliver alternate formats of the corporate documents and communication supports at a cost that is no more than the regular cost charged to other persons. Section 3—Definitions a. Alternate Formats: Refers to the production of standard print and/or electronic documentation, including access to information, in a non-traditional manner. Alternate Formats in the Municipality of Bayham may include but is not limited to: Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 153 of 254 i. Accessible Adobe Acrobat PDF-(portable document format)An electronic means of presenting information in order to enable various computer programs to convert the information into a"readable"format. ii. HTML-Hyper Text Mark-up Language is an electronic means of presenting information in order to enable various computer programs to convert the information into a"readable"format. iii. Rich Text- Editable text with character and paragraph format attributes that may be different for each character and paragraph of the text object. iv. Microsoft Word Document-files commonly used as the standard text format due to the transferability and versatile readability of the document v. Large Print-The enlargement of the point size for the contents of the print documents in order to enable use by persons with various degrees of visual impairment. b. Barrier.An obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; c. Communication Supports: Supports that individuals with disabilities may need to access information. d. Disability: Under section 10(1)of the Human Rights Code, "Disability" means: any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness, and without limiting the generality of the foregoing, including diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; a condition of mental impairment or developmental disability; a learning disability, or a dysfunction in one or more of the; processes involved in understanding or using symbols or spoken language; a mental disorder; an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 Disability does not include a minor or common medical condition such as the cold, flu or minor backache that arises from the stresses, pains and inconveniences of everyday life. Disability may be temporary, short-term, long-term or permanent. e. Undue Hardship: The factors to be taken into account in assessing undue hardship in the Municipality are: i. cost; ii. outside sources of funding, if any; iii. health or safety factors, such as when a proposed accommodation would unduly endanger the safety of the employee and/or other people. Factors that cannot be used to justify undue hardship include business inconvenience, employee morale, and customer preference. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 154 of 254 Section 4-Overview "The Corporation of the Municipality of Bayham is committed to providing quality goods and services that are accessible to all persons that it serves" The Alternate Formats policy applies to all Municipal employees and persons with disabilities. The policy also applies to all materials produced by the Municipality. The policy is meant to serve as a compliment to the extensive list of Municipal Policies and other integration and inclusion initiatives. Should an employee or member of the general public with a disability require alternate formats of communications; the Municipality will make every possible effort to accommodate those needs short of undue hardship to the Municipality. In order to accommodate certain requests and services, the person requiring alternate formats due to a disability will be required to provide advance notice to the Municipality. The cost of the production of alternate formats will be covered by the Municipality.Where a person with a disability requests a document in alternate formats, the Municipality will provide the document, or the information contained in the document, in a timely manner, in the format that is determined to meet the needs of the requestor, as determined by the Municipality and that takes the disability into account. Section 5—Responsibilities Senior Staff are responsible for: a. Ensuring the implementation of this policy; b. Ensuring that all employees are provided information about the rights and obligations of the Municipality with respect to alternate formats, pursuant to the Ontarians with Disabilities Act, 2001 and the Accessibility for Ontarians with Disabilities Act, 2005. Employees and members of the General Public who require alternate formats are responsible for: a. Identifying as soon as possible any alternate formats needs that relate to their ability to perform job duties, participate fully in the workplace or comprehend corporate documents; b. Use the Municipality of Bayham "Request for Alternate Formats"form to request accessible corporate documents. Employees responding to a public request for alternate formats are responsible for: a. Making every effort to provide services that best meet the requirements of the requestor; b. Responding to the request within a reasonable timeframe. Section 6- Procedure 6.1 The Alternate Formats policy applies to all materials and communications produced by the Municipality of Bayham for release to the public or staff whether produced in house or on behalf of the Municipality. The alternate formats policy does not apply to unconvertible information and information that the Municipality does not control directly or indirectly through a contractual relationship. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 155 of 254 6.2 All Municipal documents shall be created in an accessible format using the"Municipality of Bayham-Guide to Accessible Alternate Formats" Furthermore, all Municipal documents shall be created using Arial Font,with body text being no smaller than 11 point and footer text being no smaller than 10 point,where possible; 6.3 All corporate documents including feedback mechanisms and information that the Municipality controls directly or indirectly through a contractual relationship shall feature the"Alternate Formats" clause as per the Municipality of Bayham-Alternate Formats Policy: "Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521 or at accessibility@bayham.on.ca" 6.4 If it is determined that information or communications are unconvertible, the Municipality shall provide the person requesting the information or communication with: a. an explanation as to why the information or communications are unconvertible; b. a summary of the unconvertible information or communications 6.5 Requests for Alternate Formats shall be made using the"Request for Alternate Formats Form and honoured in a practical manner depending on the media chosen, the size and complexity of the document, the quality and source of the documents, the feasibility of the request (including the cost) and the number of documents to be converted. 6.6 At all times throughout the alternate formats procedure Senior Staff holds the position of authority and responsibility, the Accessibility Coordinator only acts in a consulting or liaison role. 6.7 Conversion to alternative formats shall be processed in-house whenever possible. When a request for documents in alternate formats cannot be processed in-house; the department of origin will be responsible for the cost of conversion, materials and distribution. 6.8 If it is determined that the format requested is not feasible, other alternative methods of providing the information shall be explored that will meet the needs of the person with the disability and be agreed to by both the individual and the Municipality. 6.9 In the event that the Municipality of Bayham needs to charge for a document, the cost will remain the same for methods of duplication or conversion which are similar in nature and according to Municipality of Bayham Fee By-law Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 156 of 254 Accessible Digital Office Documents Guide to Creating Accessible Microsoft Office Documents County of Elgin E1g1n � Progressive by Nature Updated: February 14,2014 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 157 of 254 TABLE OF CONTENTS GENERAL 3 Tips and Best practices 3 Styles and Guidelines 3 Check Accessibility 4 Colour Contrast 6 Avoid Using Images of Text 7 Write Clearly 8 Document Properties 10 Templates 10 HYPERIinks 12 MICROSOFT WORD 13 Styles 13 Headings 14 Alternate Text (Alt Text) 15 Is a Picture Really Worth a Thousand Words? 16 Long Descriptions 16 Lists 18 Page Breaks 18 TABLES 21 Setting the Table 22 Mind Your Table Manners 22 Charts 24 MICROSOFT POWERPOINT 25 Use Built-In Layout and Styling Features 25 Use Built-In Slide Layouts 25 Customize Using Master Slides 26 Set a Logical Tab Order 26 Use Slide Notes 28 Multimedia and Figures 29 Shapes 29 MICROSOFT EXCEL 30 Common-Sense Practices in Excel 30 Screen Reader Help Text in Cell Al 35 Defining the Title Region—a Very Important Step 37 SAVING YOUR DOCUMENT AS A.PDF 40 Test for Accessibility Compliance 41 Tags 41 Run Accessibility Checks 41 Logical Reading Order 41 Checking for Accessibility 42 Document Structure Tags 43 Reading Order 44 1 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 158 of 254 INTRODUCTION This document was created using the Accessible Digital Office Document (ADOD) Project and resources developed by the Office of the Governor Rick Perry,the State of Texas. The ADOD Project was developed by the Inclusive Design Research Centre, and OCAD University as part of an Enabling Change Partnership project. The purpose of this document is to ensure that County of Elgin public documents are created in a way that allows them to be viewed by assistive devices. This is a training manual and reference document for staff. The software described in this manual includes: • Microsoft Office 2010 and; • Adobe Acrobat Professional Version 10 (X) Sighted people can look at a printed page and easily discern the difference between titles, subtitles,columns of text, headers,footers,and so on.Visual cues,such as location of the text on the page, bold text, and large font sizes help them determine the structure of a document so they can read and navigate it easily. Unfortunately, assistive technologies such as screen readers can't depend on these visual cues. They must instead rely on the underlying computer-based information to provide that same structure. DISCLAIMER Following these techniques will increase the accessibility of your documents, but it does not guarantee accessibility to any specific disability groups. In cases where more certainty is required, it is recommended that you test the office documents with end users with disabilities, including screen reader users. 2 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 159 of 254 GENERAL TIPS AND BEST PRACTICES The following rules can be applied to most documents created in Microsoft Word, Excel and PowerPoint: • Design the source document with accessibility in mind; • Use program styles available in the application rather than character formatting for headings; • Add alternative text to all graphics and images; • Create the PDF in a manner that generates tags; • Check the accessibility of a document using the Accessibility Check in Office or, after conversion using the Full Check feature in Adobe Acrobat Professional (available in both version X or XI) • When adding accessibility features to a document they should always be added to the source document first(if possible) as it is often faster and easier. STYLE GUIDELINES When formatting text, especially when the text is likely to printed,try to: • Use font sizes between 12 and 14 points for body text. • Use fonts of normal weight, rather than bold or light weight fonts. If you do choose to use bold fonts for emphasis, use them sparingly. • Use standard fonts with clear spacing and easily recognized upper and lower case characters.Sans serif fonts (e.g.,Arial,Verdana) may sometimes be easier to read than serif fonts (e.g.,Times New Roman, Garamond). • Avoid large amounts of text set all in caps, italic or underlined. • Do not condense or stretch lines of text. It is recommended that text align to the left margin as it is easy to find the start of the next line,and keeps the spaces even between words. ("Ragged Right" is the best approach) • Use bullets and numbering to create lists and outlines • Choose a sharp colour contrast for all elements of a document • Avoid using text boxes • Set font colour to"automatic" or"black" • Use heading styles to control line spacing rather than the enter key • Place white space between text and graphics/images • Do not use watermarks or backgrounds By taking the time to design your content in a consistent way, it will be easier to access, navigate and interpret for all users: • Whenever possible, write clearly with short sentences. • Introduce acronyms and spell out abbreviations. • Avoid making the document too"busy" by using lots of whitespace and by avoiding too many different colors,fonts and images. 3 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 160 of 254 • If content is repeated on multiple pages within a document or within a set of documents(e.g., headings,footings, etc.), it should occur consistently each time it is repeated. • Ensure text for links is descriptive(e.g. don't use "click here") *This general section of this document provides techniques that can be used in any of the Microsoft Office programs. CHECK ACCESSIBILITY The accessibility checker assists with finding accessibility errors in Word, PowerPoint and Excel. Although the checker can find a variety of issues, it cannot find every possible error. If you get a clean bill from the accessibility checker,you still need to follow the rules for creating accessible Office files. *Note—in order to use the accessibility checker,your file must be saved as a .docx The "Accessibility Checker"classifies issues as • Error—content that makes a file very difficult or impossible for people with disabilities to understand • Warning—content that in most, but not all,cases makes a file difficult for people with disabilities to understand • Tip—content that people with disabilities can understand, but that might be better organized or presented in a way that would maximize their experience 1. To use the "Accessibility Checker" 2. Go to menu item: File 3. Select Info in the left window pane 4. Under Prepare for Sharing, an alert will appear if a potential accessibility issue has been detected Prepare for Sharing Home Insert Page Layout References Mailings Renew View Atltl[ns Before sharing this file,be aware that it cont Save Comments and revisions Save A5 Check for Oprn Issues Document properties, author's name,r J 105f data p ie enc Anymn n epee copy,and change any part of this document Document ext p�� 114 Check:the document for hidden properties accent Document—r.r.—roLPAcsoS1�rnf nr.raal�� New Ian I fSard d Ipreparcfor Sharing 1 ) Check Accessibility I print : LI Before sharing this file,be aware that R contains: ADI 1 Comments and rerisions ! Check the document for content that people I Save&Send 1 Check forImoDocument properties,author's name,related dates and cropped out image ,I with disabilities might find difficult to read. I data , Help Characters formatted as hidden tent Custom XML data r.r.ri r.�rt.,r.�rt r.r.��,� `�s pr Add-Insv o Content that people with disabilities are unable to read Check for features not supported by earlier versions of Word. 4 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 161 of 254 Accessibility Checker - X To view and repair the issues, select Check for Issues and then Check /Inspection Results •� Accessibility +r Errors 1. An Accessibility Checker task pane will open, showing the E Missing Alt Text 1121 inspection results Warnings2. Select a specific issue to see Additional Information E Unclear Hyperlink Text(8) 3. Follow the steps provided to fix or revise the content Tips ( Skipped Heading Level(15) 1 1`• The task pane is divided into two sections: Inspection Results and Additional Information. The Inspection Results section shows the list of accessibility issues Accessibility Checker . X found in the document. If you click on the issue,the Additional Information section gives you details on why this is a problem and tips Inspection Results on how to fix it. 1 Errors 1 I Missing Alt Text 1 You should correct all of the issues listed, if possible. If you have any Picture 1 questions,ask your Municipal Accessibility Specialist. Picture 2 Picture 3 Picture 4 Now that the checker has given you a list of issues,what do you do? Picture 5 Let's look at an error listed by the checker. Picture 7 Notice that the issues are listed in categories. The first category in our Picture 8 list is Missing Alt Text. Alt text must be provided for any element that Picture 9 cannot be fully described by a screen reader. In this example,there are Picture 10 11 pictures that are missing Alt Text. Picture 16 Picture 17 Picture 13 To find the error in the document, click on an element in the error list. Picture 11 Word will move to the place in the document where the error was Warnings found. By clicking on Picture 2,the picture moves to the top of the Unclear Hyperlink Text(8) window. • Additional Information N t If you are unsure how to fix the error, remember that the checker also Why Fix. provides more information. If the Additional Information area is not Alternate text helps readers understand information visible,click on the up-arrow character next to the Additional presented in pictures and Information headingat the bottom of the task pane. The additional other objects. Itow To Fix: information not only explains why the problem should be fixed, but To add alternate text to a how to fix it. picture or object: 1)Right-click on the object and select the Format command. I 2)Switch to the Alt Text tab. 3)Type a description of the 1J 5 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 162 of 254 COLOUR CONTRAST Appropriate colors and contrast are necessary for people to see our words and understand their meaning.This is especially true for people who are colorblind or have other visual disabilities. We create documents to communicate.We invest our time organizing our thoughts and carefully choosing our words so we can deliver a clear,concise message. If we then put it all down in a way people cannot read or understand, we have not done our best at communicating. There are two very simple rules when it comes to color and contrast in our documents: Rule 1:Do not ask your reader to make a choice based on color alone If color is used as the only visual means of conveying a message,asking for a response, or identifying a visual element,then what is a person who is colorblind to do? Let's suppose for a moment that you are asking your reader to make a choice based on color. Your closing line may go something like, "If you want to generously donate your next paycheck to my favorite charity, sign in the green box. If you prefer to donate the five dollar minimum, sign in the red box." Sign the green box to donate your paycheck. Sign the red box lo keep your money. Signature: Signature, Where should the colorblind reader sign? Most likely,they won't sign at all. If you do choose to add color or shading to your document, make sure that the information conveyed in color is also available without color. In the prior example,you might add the appropriate text to the two boxes just to be sure the message is clear. 6 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 163 of 254 Rule 2:Use sufficient contrast A recent design trend involves presenting grey text in small,sans serif fonts on a white background. People with visual disabilities,including those with aging eyes,cannot read this. In fact, even people with perfectly good eyesight have some problems with this. In most cases, it is enough to say we must use sufficiently contrasting foreground and background colors. But,for those who want a more exacting definition, here is some help. Text should have a minimum contrast ratio of 4.5 to 1.This is the minimum ratio, not the recommended one. • This is pure red on white_ _ did you know it does NOT provide sufficient contrast, only 4 to 1 ? • Darker colors like this (dark blue) on a white background are good, at 9. 1 to 1 . • Black on white has the best contrast ( 1 to 1 ). AVOID USING IMAGES OF TEXT Before you use an image to control the presentation of text (e.g.to ensure a certain font or colour combination),consider whether you can achieve the same result by styling"real text". If this is not possible,as with logos containing stylized text, make sure to provide alternative text for the image following the techniques noted above. Logos using the corporations name are acceptable in most cases; however, try to limit the information to only the corporation's name. 7 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 164 of 254 WRITE CLEARLY By taking the time to design your content in a consistent way, it will be easier to access, navigate and interpret for all users. • Whenever possible, write clearly with short sentences. • Introduce acronyms and spell out abbreviations. • Avoid making the document too"busy" by using lots of whitespace and by avoiding too many different colours,fonts and images. To turn on Readability Statistics • Select the Office Button • Select Word Options • Select Proofing • Ensure Show Readability Statistics box is checked Word Options IIIIII /la' x' GeneralA '� Change how Word corrects and formats your text, Display Proofing AutoCorrect options Save Change how Word corrects and formats text as you type: AutoCorrect Options... Language When correcting spelling in Microsoft Office programs Advanced P Ignore words in UPPERCASE Customize Ribbon r Ignore words that contain numbers Quick Access Toolbar I✓ Ignore Internetand tile addresses 17 Flag repeated dards Add-Ins r Enforce accented uppercase in French Trust Center r Suggest from main dictionary only Custom Dictionaries... I French modes: 'Traditional and new spellings J Spanish modes: ITuteo verb forms only J When correcting spelling and grammar in Word 17 Check spelling as you type 17 Use contextual spelling P Mark grammar errors as you type 17 Check grammar with spelling 17 Show readability statistics Writing Style: 'Grammar Only Settings... I Recheck.Document Exceptions for: IC REVISED-Training r Hide spelling errors in this document only I— Hide grammar errors in this document only OK Cancel I, 8 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 165 of 254 To check your grade level 1. Select the Review tab 2. Select Spelling and Grammar 3. When spell check is complete,your grade level will pop up in a dialogue box. Reading Ease • Paragraphs with a high "reading ease"tend to be easier to read. • Scores 0—100 • Plain English =65 Grade Level • Paragraphs with a lower"grade level"tend to be easier to read. Readability Statistics ? I Counts - Words 65 Characters 326 Paragraphs 1 Sentences 2 • Averages • Sentences per Paragraph 2.0 I Words per Sentence 32.5 Characters per Word 4.6 Readability Passive Sentences 0% Flesch Reading Ease 41.0 Flesch-Kincaid Grade Level 15.6 OK 9 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 166 of 254 DOCUMENT PROPERTIES In case the document is ever converted into HTML,it should be given a descriptive and meaningful title. To change the title of the current document 1. Go to menu item: File>Info >Properties 2. In the Document Properties section that appears, select the Title text box 3. Enter the Title Note:The Title defined in the properties is different than the file name. TEMPLATES All office documents start with a template,which can be as simple as a blank standard-sized page or as complex as a nearly complete document with text,graphics and other content. For example,a "Meeting Minutes"template might include headings for information relevant to a business meeting. Because templates provide the starting-point for so many documents,accessibility is critical. If you are unsure whether a template is accessible,you should check a sample document produced when the template is used. It is possible to create your own accessible templates from scratch in Office 2010. As well,you can edit and modify the existing pre-packaged templates, ensuring their accessibility as you do so and saving them as a new template. To create an accessible template 1. Create a new document(from the default blank template or from one of the pre- packaged templates) 2. Ensure that you follow the techniques in this document 3. When you are finished you should also check the accessibility of the document (See Technique 10, below) 4. Go to menu item: Office >Save As >Word Template 5. Save the template in the Microsoft>Templates folder 6. In the File name box,type a name for the template. Using a descriptive File name(e.g., "Accessible Memo Template") may increase the prominence of the accessibility status. As well,filling in the text box labelled Tags with the term "accessibility" may improve its searchability as an accessible file. 7. Select Save To select an accessible template 1. Go to menu item: Office > New 2. Under Templates,select My templates... 10 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 167 of 254 3. In the New document dialog, select your accessible template from the list in the My Templates tab 4. Select OK 5. A new document based on the template will be displayed. If you have chosen an accessible template,the document will be accessible at this point.As you add your content (e.g.,text, images, etc.), ensure that you consult the sections that follow to preserve accessibility. 11 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 168 of 254 HYPERLINKS Use Meaningful Link Text Modern screen readers are able to make a list of all the links inside a document.This helps the user quickly find the link they are looking for. If the link text is meaningful,the right link is easily found. Links List EC Links List Word 2010: Hyperlinks 1 Click here An Example 1 click here 0 Use Meaningful Link Text 1 click here How to Make a Hyperlink 1 That if the Document Wil Be Printed?1 Two examples of JAWS screen reader links lists: Display ..� .nks Sort Links Move To Link � • All Links 0+In Lab On #1 has meaningful link text. CI In Lab Order !_:•Visited Links Only Alphabets ,y 0 Alphabetically Activate Link •::_;•LlnvisdedLinks - #2 has meaningless link text. 1f Cancel http:f.Www.governor.state.tx.usl I I I http:f.Www.governor.state.tx.usl All too often, we see links in a document with the text"Click Here". If the author writes"Click Here"for all links,guess what the screen reader will say?That's right, a tiresome refrain of "Click Here,Click Here,Click Here." When we link with words like "Click Here" or"Read More," we aren't giving the user any useful information about that link.And that's not accessible. To make the links accessible, use contextual links,or links made of meaningful words that describe the hyperlink. Use concise and descriptive text and not the actual hyperlink address or URL. In fact,the Word Accessibility Checker will flag URLs as unclear text. To make a hyperlink,follow these five simple steps: • First,select the meaningful text that will be used for the link. • Then, click on Hyperlink in the Insert ribbon. • Next, select the appropriate Link to choice on the left side of the Insert Hyperlink dialog box. You can also verify your text selection at the top of the box. • Now, add the complete URL in the Address field at the bottom and click OK. • Finally,check that your link goes to the proper location. • If linking to internal documents, make sure the document will only be used on internal server systems. 12 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 169 of 254 MICROSOFT WORD STYLES You should attempt to make use of the named styles that are included in Microsoft Office. Styles make a document easier to navigate for users of assistive technology. Word includes a number of built-in styles that are always available, some of which are key to using different Word features. For example, Normal style is the default paragraph style for all text in your Word document. Normal is the style on which most other paragraph styles are based.That means if you change Normal style (such as changing the font style or size), many other styles will automatically change to match.As you can imagine,this kind of link between styles can be incredibly useful. It can also be incredibly frustrating if used incorrectly. REVISED-Training[Compatibility Mode]-Microsoft Word o 0£3 Find- IT AaBIaC Ra86CcDc AaBbCc AaBhCeC Aa66CcC AaB6CcC aaS6aL AaBBGeI 4a8bCc Aa3bCrDc 4cr86LcDr �! Replace Heading 1 11 Normal No Spacing Heading 2 Heading 3 Heading 4 Subtitle Subtle Em... Intense E... Quote Intense Q... — Change • Styles• Select- Styles i. Editing Perhaps the most dynamic of the built-in styles are the paragraph styles Heading 1 through Heading 9. Styles can be found by clicking on the"Home"tab. There are two types of styles: styles V Paragraph style (J) Clear All Normal IT Character style (a) -1-4116' Strong a • Paragraph Styles(also known as block styles) are identified by the paragraph symbol after the style name. To apply a paragraph style, place your cursor anywhere in the paragraph in front of the paragraph marker, and click the style name. • Character Style are identified by the lower-case"a" after the style name.To apply a character style, highlight the desired text,then click on the style name. When applying styles, remember that the last applied style determines the formatting.Also, when you apply a character style over a paragraph style,the character style will be dominant. 13 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 170 of 254 HEADINGS Documents that are longer than a few paragraphs require structuring to make them easier for readers to understand. The easiest way to do this is to use "Headings". Headings create logical divisions between paragraphs. Headings are structural elements that provide a meaningful sequence to users of assistive technologies. Headings can be found under"Styles" in the Home Ribbon in Microsoft Word. Headings orient a user to a particular section or element. It is important that you use the numerical order of headings within your document. You can only have one Heading1;followed by Heading2 etc. You can have multiple Heading2 or Heading3. To modify a style/heading: 1. Right click on the style 2. Select Modify 3. In the Modify Style dialog make the appropriate changes to the style 4. Select OK Ar + mmteo,r.roice.nm.w.ees.Homan arm r2m gym . n.... as anon ti A'e A.- .6 ;. r.n ,[ r ,sec x. ✓y r..,u Aa ITC �. co.Ax@hCe a.ebecr.a.®b[ee a.aHeee raBbtc[ n..men Ax9trCe aasncw ea ":. Y [ y'i xx' V.A-ir.w ■ . ea -«ay. t.l?I trxxle, anemel,. O to ini.n p. ^o• W ,!meh• .. . _.. oneNeoellog1.fellowed by Htedng2 et -Heading3 To modify bead)3i ^CwdtM.uwery m r Qu u.xu.iaew. 3 0.inhlcl eF on.1M:style To apply a heading: 1. Highlight the text you wish to apply the heading to. 2. Select the appropriate heading from the Styles List. 14 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 171 of 254 ALTERNATE TEXT(ALT TEXT) When using images or other graphical objects,such as charts,tables and graphs, it is important to ensure that the information you intend to convey by the image is also conveyed to people who cannot see the image. This can be done by adding alternative text to each image. If an image is too complicated to concisely describe in the alternative text alone (flowcharts, etc.), you should provide a short text alternative and longer description as well. To add alternative text to images,tables and graphical objects 1. Right click the object 2. Select Format Picture,Table Properties or Size 3. Select the Alt Text tab in the Size dialog 4. Fill in the Alterative Text under Description(leave the"Title" blank) 5. Close aI lil '7' Li 1= REVISED-Training Compatibility Mode]-Microsoft Word Picture Tools File Home Insert Page Layout References Mailings Review View Acrobat Format Brightness- Compress Pictures p 17T =® n [r L Align- �f I-I « __ ❑ashes- '7t= ��f � f-a� j. ,-L Height 1.Ba' J Contrast- 4' Reset Picture ❑/P 'RI Group Shadow Picture =weight- Position Wrap Bring Send Selection , Crop q Width: 6.49' lil Recolor- Effects- ❑i Border- - Text- Forward-Backward- Pane .. Rotate- Adjust 1 Shadow Effects 1 Border .I Arrange Size .I Alt Text r e -� Leave the Title I _ If your document Tile: originated in an earlier blank. - ti version of Word,it will Description; open in the Compatibility Mode and the process will Us I .................... e the Des�r� t�an be slightly different. When the Alt Text dialog box field for your alt text. opens,select the Alt Text tab,then enter a brief - description in the alt text field. '.7 Z. - 4 41 Feat Pick r,• IT gi — . .�,3.57' . 41 la- Alt Text I Capywe s&qn n .gNour e. &Phem Clews Owl*,e, ,a,n �.+mo.e.71 2 al V Change Picture... our .eta•c-. naerevrsmorhene.+&ewwr.we,d In fade ec.,*cr.Tlet mmr.&wmv.s.oa- ( ] PNP C .e Wu ^.p.a.oM�veb�,ew,w.m.ane, beSeb, Gr 44 Bring to Ftont I e :,ev�- eraeer.nm.vew.r ro+ee anem.- ,26 Send to Back rise an ee read ma;won waw saaehnm . .,sed;> -_\ 44t +Newvs.m lveaxoeem A er wel vs. ele Add Alt I it isperunk._ Text to \ crave as Picture... 15 pictures ;J sac and Poemon.• J1/f�`'I� rEnnd't Picture... J1,, Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 172 of 254 IS A PICTURE REALLY WORTH A THOUSAND WORDS? Sometimes figures are extremely important to the content of a document. They provide nonverbal information to readers.As the document author,you must decide whether a picture contains information that will be useful to the reader of the document. If the information in an image adds meaning to the document, explain the figure succinctly but accurately in the alt text. However, if an image is there merely for decorative purposes and does not add meaning to the text,type a pair of quotation marks("") in the alt text.This lets the reader know that the alt text was not forgotten. If you add a very complex image,such as a graph or chart, it may not be possible to describe the picture in a few words. If that is the case,it may make sense to repeat the information from the image in that page text that follows the image. Everyone who reads the document can then focus on the important information found in the image, including assistive technology users. For example, if a graph of quarterly earnings is followed by a paragraph that describes the earnings report,then the alt text for the image might just say"quarterly earnings,details to follow in page text". Tips for writing alternative text • Try to answer the question "what information is the image conveying?" • If the image does not convey any useful information,think about not using the image at all. • If the image contains meaningful text, ensure all of the text is replicated • Alternative text should be fairly short, usually a sentence or less. (rule of thumb 40- 60 characters) • If more description is required, provide a short description in the alternative text and more detail in the long description • Test by having others review the document with images replaced by the alternative text LONG DESCRIPTIONS Long descriptions should be use when text alternatives are insufficient to answer the question "what information is the image conveying?". • In some situations,the information being conveyed will be how an image looks. In these cases,try to describe the image without making too many of your own assumptions. • One approach is to imagine you are describing the image to a person over the phone. • Ensure that you provide a concise alternative text to help readers decide if they are interested in the longer description. 16 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 173 of 254 Long descriptions can be used in place of alt text and used when more information is required to explain a chart or graph. 17 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 174 of 254 LISTS When you create lists, it is important to format them as"real lists". Otherwise,assistive technologies will interpret your list as a series of short separate paragraphs instead of a coherent list of related items. You can apply the list style before or after you type the list. If you choose to type first, highlight the list when you are done and click on the style of your choice. To create an ordered or unordered list 1. Go to menu item: Home 2. In the Paragraph section,select the Bullets icon for unordered list or select the Numbering icon for ordered lists 3. To choose a different list format,select the arrow beside the icon 4. Select a format from the format Library that appears in the drop-down menu. PAGE BREAKS The Page Break feature is very important for assistive technology. Whenever you need to start a new page, select the Page Break feature instead of repeated hard returns (enter key). Page Breaks can be found under the Insert tab, or for other types of Breaks,click on the Page Layout tab and choose the down arrow beside Breaks. IA - REVISI rifill-lome [n_ert Page Layout References I lailings Review View Acrobat Eo �' _ + Cover Blank Page Table Picture Clip Shapes SmartArt Chart S=:r__i lio Hyperlink. Bookmark Cross-reference Page- Page Break - Art - Pages Tables Illustrations Links 18 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 175 of 254 TABLE OF CONTENTS Creating an index or table of contents to outline office documents can provide a means of navigating the content in a meaningful sequence. The best way to generate a table of contents is after applying the predefined heading styles, such as"Headingl"to the headings that you want to include in your table of contents. After you apply these styles,you can then create a table of contents. When headings are organized in a table of contents,the reader can quickly review the information contained in the document. Like the document navigation map,a table of contents outlines structure and allows for quick navigation. From the table of contents,you can skip to a certain topic by pressing the control key and clicking on the heading. To insert a Table of Contents 1. Place the cursor in your document where you want to create the table of contents. 2. Go to menu item: References 3. In the Table of Contents section,select Table of Contents 4. Select the style that you want to use ' o1= Home Insert Page Layout References Mailings Review co. n Add Text- -Ij`l Insert Endnote • Manage Sources al Update Table , Next Footnote `W Style: APA Fiftf Table of Insert Insert Contents- Footnote A ShOr;5w Notes Citation- 'IS Bibliography Table of Contents Footnotes r„ Citations &Bibliography To update the Table of Contents Table°" ` ` ° r Inde, I T ble of Contents]I Table of Figures I Table of Autbmities I 1. Select the table Print Preview web Preview H eading1 1 1l Heading 2. Go to menu item: References Heading2 3 3. In the Table of Contents section,select Heading3 5 gad"°3 the Update Table button J J F show page numbers F use hyperlinks instead of page numbers Select the type of table you would like to insert: T Right align page numbers Tae lleader: 1 a. Automatic b. Manual or; general Formats, 1From template c. "Insert" (this option gives you the ability Show levels: 13 to control the properties of the table) 2ptions.., Modify... If you use a manual table,you must add OK 1 Cancel 19 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 176 of 254 the title of each item and enter all updates and changes yourself. 20 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 177 of 254 TABLES Tables can be great for presenting data, but we need to avoid using tables simply to format other content. When using tables, it is important to ensure that they are clear and appropriate structured. This helps all users to better understand the information in the table and allows assistive technologies(e.g. screen readers)to provide context so that the information within the table can be conveyed in a meaningful way. Tips for tables • Use "real tables" rather than text formatted to look like tables using the TAB key or space bar. These will not be recognized by assistive technology. • Keep tables simple by avoiding merged cells and dividing complex data sets into separate smaller tables,where possible. Whenever possible, use just one row of headings. • Create a text summary of the essential table contents. Any abbreviations should be explained in the summary. • Table captions or descriptions should answer the question "what is the table's purpose and how is it organized?". • Table cells should be marked as table headers when they serve as labels to help interpret the other cells in the table. • Table header cell labels should be concise and clear. • Avoid merging or splitting cells,where possible. • Do not control spacing in your table with blank rows or columns. Adjust line spacing instead. To add a table with headings 1. Go to Insert tab 2. Select the Tables icon 3. Select the number of rows and columns you would like your table to have 4. Select the table and a Table Tools menu item should appear 5. Go to menu item Table Tools>Design 6. In the Table Style Options section,select the A; 07* Header Row Check boxEin_Home I In.er Page Layout References Cover Blank Pale Table Picture Clip Shapes Smai Page• Page Breal'. • Art • Pages Insert Table I' ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ ❑❑❑❑❑❑❑❑❑❑ • Insert Table... • Draw Table • Convert Test toT 11.. • Excel Spreadsheet 3 Quick Tables Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 178 of 254 SETTING THE TABLE Before you insert your table,it's a good idea to know how many columns and rows you need. Remember to allow for the column headers. The width of your columns should also be given some consideration, so that the table does not exceed the width of the page. For some tables you may need to change the page orientation to landscape to give yourself more room horizontally. MIND YOUR TABLE MANNERS • Give your table a title using the Caption tool. Make sure the label field indicates Caption Caption:. Figure 11 Options Label: Figure Position: low selected item •► n Excluder label from caption New Label... [ Delete Label 1 Numbering... A utoCaption... DK Cancel that this is a caption for a table. Identify the header row. Here's how: 1. Select just the top row of your table, right click and choose Table Properties 2. Select the Row tab 3. Check the box labelled Repeat as header row at the top of each page Table Properties I' l1 [Tab bow Column. Cell Alt Text Row 1: 5¢e Specify height: O' HI Row height is: At least Options 7 Allow row to break across pages Re . .r..... .. .., pe t as header r row at the top of of each page, Rreyious Raw I I •Next Row I 22 a I Cancel I Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 179 of 254 1 — IIIMMINIMINED 1t MEM 1111 - +NW e e r g n Layout IV =====i ===== =i==== Q=®cc Q�= - Shading. A - --- - Borders - - -- —__-- Quick Effects- Styles- L Tabie Styles WordArt Styles 1. Select a table style that sets the text, background and grid colours for the table. When selecting a style, consider the following issues: • Be sure there is enough contrast between the text and background colours of each cell. • Choose a table style that provides grid lines to separate the data cells. If someone is using a screen magnifier to view the table,the grid lines help them follow each row across the page, especially if there is a lot of space between the text in adjacent cells. The grid lines are also useful for separating cells if there is a lot of text. Use simple data tables. Never merge two or more cells into a single larger cell or split into smaller cells. The table should be a simple grid with predictable rows and columns. Complex table structure is nearly impossible to follow with a screen reader. Home Address Work Address Horne Phone Work Phone D o this: t23 Home St 789 Work St. 123-456 7890 321-654-0987 Not this: Address Phone Home Work Home Work 123 Horne St. 789 Work St. 123-456-7890 321-654-0987 Provide column headers for your data table.This helps people understand the meaning of each column of data. Type the column header text into the first row of the table,and be sure to select the Header Row option on the Table Tools Design tab. Add alt text to make your table more accessible.To add alt text, right click within the table, select the Format Shape option,and then select Alt Text tab. 23 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 180 of 254 CHARTS Charts,graphs,and other complex images may contain so much information that it is difficult to sufficiently describe them with Alt Text. You can approach this problem in several ways. • First,consider whether it is possible to simplify the chart,or split it into multiple charts, so that each one contains a smaller amount of information.This will not only simplify the alt text required for each chart, but will make the information more understandable for everyone in your audience. • If the image is still too complex to describe the alt text,you will need to provide a text description elsewhere.(One possibility is to add the full description to the Notes section if using PowerPoint). If you do this, add alt text to the picture with a very short description of the picture,and end with the words "Full text description in the Notes section of this slide."You can even place that note on the slide itself, so even people who do not use screen readers can find the text description. • Another possibility for describing a complex picture is to type the description into a text box placeholder on the slide, and then place the picture OVER the text,so that only the picture is visible on the page.The screen reader will announce the hidden text even though it is not visible on the page. Hide text on page underneath Image of a complex chart • Add text description o on the page, then 115!2002 4"~ ture over 35 30 25 1/9/2002 , 1/8/2002 5 Series 1 • 0 Series 2 1/8/2002 1/7/2002 ❑ O 24 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 181 of 254 MICROSOFT POWERPOINT USE BUILT-IN LAYOUT AND STYLING FEATURES PowerPoint 2010 does not offer"True Headings" or"Named Styles"as does Word 2010. USE BUILT-IN SLIDE LAYOUTS Instead of creating each slide in your presentation by starting from a blank slide,check whether there is a suitable built-in layout. Note:The built-in layouts can be more accessible to users of assistive technologies because technologies sometimes read the floating items on the slide in the order that they were placed on the slide.The built-in layouts have usually taken this into account (e.g., "Title"first followed by other items, left to right and from top to bottom). If you create slide layouts from scratch, it is sometimes difficult to keep track of the order elements were placed. To apply"true layout"to a slide 1. Go to menu item: Home 2. In the Slides section,select the Layout button 3. Select the layout you would like to use from the drop down menu 11_1 ,Lzj l '1 Home Insert Design Transitions A.nimations Slide Show Review '• LZII Layout-0 Copy p Office Theme Paste , New Format Painter Slide- -_---------_ Clipboard r Slides Outline I 1 Title Slide Title and Content Section Header Two Content Comparison Title Only `Kt Blank Content with Picture with Caption Caption H-1;l 25 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 182 of 254 CUSTOMIZE USING MASTER SLIDES If a layout must be customized, it is recommended that Master Slides be used. Every slide layout in a presentation is defined by its master slide. A master slide determines the formatting style for various elements of the slide layout. This includes font styles,character formatting, and the positioning of elements. Essentially, each master slide acts as a design template for the slide layout. If you edit any aspect of the slide layout in the master slide,the change will affect all slides that were created based on it. For this reason, it is good practice to edit the master slide and use the slide layouts before building individual slides. It is essential that you create and use master slides that meet the accessibility requirements outlined in this document. To create or customize a master slide 1. Go to menu item: View 2. In the Presentation Views section,select the Slide Master icon 3. The current slide master with its associate layouts appears Note: If you have the Normal view open,the slide master is the larger slide image in the slide thumbnail pane. The associated layouts are positioned beneath the slide master. 4. Customize the existing master slide and its associated layouts to suit your needs(e.g., apply a design,theme-based colors,fonts, effects, backgrounds) ensuring that your changes meet accessibility requirements 5. Go to menu item: Office>Save As>Other Formats 6. In the File name box,type a file name 7. In the Save as type list, select PowerPoint template 8. Select Save 9. On the Slide Master tab,in the Close section, select Close Master View -'; .gi ""` Men;. ,E 3 Et I, SET �,.... w _ - `".� A 1 MI I Click to editaster title M style Click to edit Master subtitle style • La.ii,At.,ww=rte.`—ok 26 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 183 of 254 LOGICAL TAB ORDER Many presentation applications create content composed almost exclusively of"floating" objects.This means that they avoid the transitions between in-line content and secondary "floating" objects(text boxes, images, etc.)that can cause accessibility issues in word processors. However,when you are working with "floating" objects, it is important to remember that the way objects are positioned in two dimensions on the screen may be completely different from how the objects will be read by a screen reader or navigated using a keyboard.The order that content is navigated sequentially is called the "Tab Order" because often the"Tab" key is used to navigate from one"floating" object to the next. Tips for setting a logical "tab order"for"floating"objects • The tab order of floating objects is usually from the "lowest" object on the slide to the "highest". • Because objects automatically appear"on top"when they are inserted,the default tab order is from the first object inserted to the last. However,this will change if you use features such as"bring to front" and"send to back". • The slide's main heading should be first in the tab order. • Headings should be placed in the tab order immediately before the items (text, diagrams,etc.)for which they are acting as a heading. • Labels should be in the reading order placed immediately before the objects that they label. • For simple slide layouts, it may be possible to simply insert objects in a logical tab order. • For more complex layouts, it may be easier to simply to create the slide as usual and then set the tab order(see below). A = -.-. h. en. Iran.rn.. ewm.n ax a®. w.w "... Q} :„7„' k •8 i■ LL' ili •9s�^• K _ itlethmeMMi6Y •It � �nm d: < L4 111 I Click to add title Click to add subtitle ,_Ick to and notes : . iTj 27 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 184 of 254 To set the tab order using the 'Selection Pane' 1. Go to menu item: Home 2. In the Drawing section,select Arrange >Selection Pane... 3. In the Selection and Visibility pane, all the elements on the slide are listed in reverse chronological order under Shapes on this Slide 4. Elements can be re-ordered using the Re-order buttons located at the bottom of the Selection and Visibility pane USE SLIDE NOTES A useful aspect of presentation applications is the facility to add notes to slides, which can then be read by assistive technologies. You can use these slide notes to explain and expand on the contents of your slides in text format. Slide notes can be created as you build your presentation. To add notes to your slides 1. Go to menu item: View 2. In the Presentation Views section,select Normal to ensure that the notes panel is in view Note: You can then select menu item Home,to access text formatting options 3. The Notes Pane can be found at the bottom of the window, below the slide 4. Type and format your notes within the Notes Pane below each slide • = Pros entatronf-Miooro41 PowerPoint q 38 53 1 Horne Insert Design Transitions Animations Stide Show Review1_ ...-.. I W ❑R'"" I�colorj If Gndsmes �Graps<ale Nosm411511de Notes Reading Slide Handout Notes Zoom FR to New Switch Macros _ 1pkorter Page View Master Master Master L:1 Guides Window QBlask and White Window L.14 Windows- `___wesenlation Views Master Stews Show r. Zoom Cosor/GiaWcale Window MMros A_ IA � t Click to add notes II Slider.oft 1 'DNite Theme' i .'i Enedish Icanadal l(a53[I7¢ 38% — U Q Put a unique title on every slide. Since PowerPoint does not provide a document heading structure, people using screen readers will use the slide titles when looking for a specific page in the slideshow. If duplicate slide titles are found on multiple slides,it will be much harder to locate a specific slide. 28 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 185 of 254 MOTION, BLINKING,TRANSITIONS AND ANIMATIONS A common accessibility issue concerns moving or blinking content. Blinking or flashing elements can cause seizures in some people. Do not use any element that flashes, blinks or has a repetitive motion that repeats faster than 3 times per second. Even people who are not susceptible to seizures are often distracted by these types of content,so it is better to just avoid them altogether. Slide transitions are effects used to move from one slide to the next,for example,slowly fading away from one slide while the next slide slowly appears.An example of an animation is when you have bullet points appear one at a time on a page, until the entire slide is displayed. If used sparingly,transition and animation effects can be useful during a live presentation. However,they should be removed if you distribute the presentation as a resource for people to review after the presentation. Screen readers do not work well with transitions, and they can be distracting and confusing for people who are reviewing the presentation. MULTIMEDIA AND FIGURES If you include multimedia content, such as audio or video, in your presentation,you will need to make it accessible. • Video content must have closed captions • Audio content must have a transcript • You may find it easier to remove the audio and video from the PowerPoint presentation and provide those elements in different formats. SHAPES PowerPoint also allows you to add shapes to a page.The Insert Shapes dialog has a number of geometric shapes, arrows, equation signs and more that you can add to a page.Some of the shapes,like the speech bubbles, allow you to type text into them,while other shapes, like the arrows,do not. But all shapes allow you to add alt text by right clicking on the shape and opening the Format Shape option. A screen reader will treat shapes much the same as it will other content on the slide. In other words,you need to add alt text to the shape if you want the screen reader to announce any information about the shape itself.Also,when you insert a shape on a page,it goes to the end of the reading order. In order for it to make sense,you may need to adjust the reading order for the entire slide. Consider testing the slide with a screen reader to see if it makes sense. If you are creating a complex chart using shapes,you may need to provide a text description for the entire page, as we did in our discussion of complex chart images. 29 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 186 of 254 MICROSOFT EXCEL To make an Excel spreadsheet accessible,we want to do many things that are good practice anyway,and some specific things for visually impaired users, such as those using assistive technology screen readers. COMMON-SENSE PRACTICES IN EXCEL These practices not only make sense for all spreadsheets,they also help make your spreadsheets more accessible at the same time. Worksheet Names and Table Titles Provide descriptive titles in the worksheet name tab and for each table. • To change the name of a worksheet, double-click on the tab name and type in a new name. Worksheet names can only have 31 characters.There are also some characters it will not accept,including backslash and brackets. 20 I, 21 **Module scripts can be compile r ' _rat a: 22 Name 23 24 14 1 r Il Add Title and Header J Missing a col hdr etc with bIa Ready I cI • Give your table a descriptive name that explains what information it contains. For example,instead of the title,"Project Plan," use a title that will tell the reader five years from now what the table is about,such as,"Office 2010 Accessibility Training Module Timeline, Summer 2012." It's fine if the title takes more than one row. It's also OK if you would like to merge cells to center your title. A B 1 1 Project Plan I 1 2 •Comple#iox Use descriptive titles 3 Find t. ••nt/volunteers May g 4 Assig roles May 14 write modules,schedule narrations Bibb•' for Excel and May 15 5 Powe ',Dint Q A 1 B ' C 1 Office 2010 Accessibility Training Module Timeline, Summer 2012. 2 Completion Date Concurrent Activity 3 Find talentf volunteers May g assign roles 4 Assign roles May 1r1 write modules, schedule narrations Ribbons for Excel and May 15 5 PowerPoint 30 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 187 of 254 Here's how to merge cells: • Start by putting all your titles in the first column (this helps the screen reader find them easily). • Next, select the cells you want to merge,then right-click and choose Format Cells. The Format Cells dialog box opens up. • Then,choose the Alignment tab,and check the Merge cells box. • Finally,in the Horizontal text alignment box, choose Center(assuming you want your title centered),then choose OK. Row and Column Headers Each table should have row and column headers for every column and every row in a way that makes sense. Don't leave any headers blank, even if the meaning seems obvious to you. Completion Date Find talentivo'lunteers T ay 9 Assign roles May 14 No nk column Tbla asks ) omplefion Date t'ind talent/volunteers Nlay 9 headers Assign roles May 14 No Blank Data Cells Cells should not be left blank either. If the cell really has no data,then you can put in: "This cell intentionally left blank" or"No data." This could be in normal text, or change the text color to match the background so only screen readers will read it. _Ito Dotal . FI Home Insert Page Layout Formulas Data Review View ii6 Cut Painter Arial + 10 K A = — r a Copy+Forma " � B i U + Ril C - - = 1 4= "_ t. — — — — -• • i board F. Font• C Automatic 9 Theme Colors 1 ■ ■■■■■r To hide text that is meant for a White,Backgno—-' screen reader, set the text - , color to the same as the 1i•1 m 1 Stam bid Colors E background. ■•■ ■■■■■■ ` . i.* More Colors... I 31 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 188 of 254 Remove Comments Remove extraneous comments before publishing (such as those you used when peer- reviewing). Screen readers can't read these, so if that information is important to your audience,copy it out of the comments and put it in a cell. I ' I Cornrnenter's name: don't forget a title! Remove cell comments Set 1 11 Print Area Ensure the print area is set correctly. ome Insert Page Layout Formulas Data Rey Set Print Area option Size Print Breaks Backgrotrn on Page Layout tab Area ti x22,1 47 Set Print Area e Clear Print Area • Highlight the entire area of the table including titles and other information • In the Ribbon, select the Page Layout tab. • In the Page Setup group, select Print Area,and Set Print Area. Hide Unused Rows and Columns Hide extra rows and columns that are outside the print area.This makes the worksheet look less cluttered and prevents screen reader-users and keyboard navigators from wasting time wandering off into a trackless waste of blank cells. A7 ,7G1 Write modules Al A Office 2616 Accessibility Training Module Timeline,Summer 2012. 2 Tasks Completion Date Concurrent Activity 3 Find talent/volunteers May 9 assign roles 4 Assign roles May 14 write modules,schedule narrations Ribbons for Excel and May 15 No Data 5 PowerPoint Quick Reference Guides-May 15 6 develop Ea produce - Hidden rows and columns • H A n I Md Title and Header Missing'a col hdr etc ,- .vith 61a _ on ► 32 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 189 of 254 To hide columns: • To begin,select the first column you want to hide. Now,while holding down the Shift key, press and release the End key on your keyboard. Still holding down the Shift, now choose the right arrow key. This selects all columns from the first one you selected all the way to the right end of the spreadsheet. • Now,with your cursor hovering in the selected area, right-click and choose Hide. To hide rows: • To hide unused rows below your data,follow a similar procedure. Leave one blank row below your data,then select the first row you want to hide. Hold Shift as you press and release End and then press and release the down arrow key. Right-click and choose Hide. If you need to unhide these cells later follow these steps: • First,select the last visible column. • Next, hover just to the right of the right edge of the column header. Your cursor should turn from a single cursor with arrows into a double cursor with arrows. Click and drag to the right, exposing the very last column. • Now select the new,final column, and right-click and choose Unhide. Delete Unused Worksheets Delete unused worksheets. Right-click on the tab of the unused worksheet and choose Delete. Using the keyboard, press Alt, H, D,S. Microsoft Excel ji Data may exist in the sheet(s)selected For deletion,To permanently delete the data,press Delete, Delete Cancel Confirm by selecting Delete in the dialog box that pops up. Be careful, because this cannot be undone. Check Spelling Be sure to do a spell-check. Unlike Word, Excel doesn't automatically put a squiggly red line under any word it thinks is misspelled. File Home Insert Page Layout Formulas Data Review 17 [IA 111J1 Shn +,r Show Spelling Research Thesaurus Translate New E_ _rs Previous Next Comment .—) Show Proofing Language Comments • In the Review tab,choose Spelling in the Proofing group. Follow the prompts. • Also, Excel will only spell-check one worksheet at a time, not the whole workbook. 33 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 190 of 254 Document Properties Fill out the Document Properties to assist all people in finding your document if it gets put on a website. Click the File tab,and choose the Info tab seen on the left. On the right side there is a frame containing the properties.You may insert your properties directly here, or access the traditional document properties by clicking the word Properties and choosing Show Document Panel. Either way works. Ela Home Insert t oper Acrobat Save Document Properties on the Info . . ave As tab of the Excel Ribbon's File tab. S 'e as Adobe PDF Li OP 1 �� Compatibility Mode Dos, LJ• Some new features are disabled to Properties- DrF.rF..t...-' xxvi Kmg with c. e JFE I Ingo �omaert previous Erersions of office.Converting j this file will enable these features,but Title may result in layout changes. Tags Recent Categories Here is a screenshot of the document panel: Properties- Use Show Document Panel option to display snow Document Panel Document Properties `►J Edit properties in the Do ct!3ent Panel P Advancedabove theernes workbook. I ;.'� Advanced Properties Show the Properties dialog box. 0 Document Properties- Location: C:VnyDocuments'¢xample for adding headers and tites.xls a Required field x Author: Title: Subject: Keywords: Category Status: 'Follow agency practices II Comments: When completing the document panel: • For author,follow your agency's practices. For external publication, some agencies suggest putting the agency name instead of the person's name. • Choose keywords that fit the subject matter, such as the name of your division and the year. • Whatever you put as the subject should probably also be in the keywords or tags. • In status,you might put Draft or Final. Don't forget to change that if the status changes! • Close the document properties by clicking on the X in the top right corner. • Don't forget to save your document! 34 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 191 of 254 SCREEN READER HELP TEXT IN CELL Al Provide help text for navigation using screen readers, in cell Al. • For example,"Press TAB to move to input areas. Press UP or DOWN ARROW in column A to read through the document." • You can make this text fairly small, or even change the color to match the background color. This way it will not show up visually, but will still be read by the screen reader. Cli 6oar-.I Font Alignment _ r I Plumbers Styles Cells Al TAB to,move to input areas.Press UP or DOWN ARROW in column Ato read through the docume B �� F . — Table Titles Table titles should be placed in the first column so screen readers can find them easily,as discussed in the previous module. A B I • 2 Texas Commission on Environmental Quality 3 Texas Emissions Reduction Plan (TERP) i List of All Projects Awarded Through August 3192011 5 August 31, 2011 If that looks funny you can merge cells and center them, but keep the original text in the first column. graHome Insert Page Layout Formulas Data Review View _' Arial - 13.5 - A A *Wrap Text General - ii=t l - I3"Insert - _ S Delete- [ Paste - I�I • One really common mistake is leaving column A blank (because it makes it look like a margin). • Also, if you have two or more tables on the same worksheet, leave a single blank row between each table. You can resize the blank row to create a space that is visually appealing. Merged Cells • It's OK to have merged cells in titles but not in the data part of the table. End of Worksheet • Type End of Worksheet in the row immediately after the last row of your table. p LUVU 1 U I IL-I'. .J14 'Jul ILLI U4LIV11. 1114. I IVULV1 I:'JCIVGZLV11JLJI CLL.!IG 1 U1411GG 48 200310G13ER Houston}Galveston:Brazorla Purchase 49 200310G15ER Houston/Galveston/Brazoria Purchase 50 51 End of Workshelet 36 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 193 of 254 DEFINING THE TITLE REGION—A VERY IMPORTANT STEP One final,advanced step is"defining the Title Region"which is a little bit of code so the screen reader knows to repeat the row and column titles when reading the data. We'll walk you through that. First,a little about how a screen reader reads a table:the default for a screen reader in English is to read starting at the top, and going left to right. When it gets to the end of a line,it goes to the next line down and reads, again,from left to right. Now imagine a screen reader reading this table [example defining title region.xlsx]. Without some help from you,the screen reader reads it like a book. After the title, it will read, "Type, January, February, March,April,etc. Then it will go to the next line and read Sci Fi 4, 3, 3,2,5, 6,and so on. As sighted readers,we are constantly referring back to the row and column headers to see what the numbers refer to. Visually impaired users need those references too. What we need is for the screen reader to read this way: • Sci Fi:January,4; • February,3; • March, 3; • And so on. In other words,the screen reader should repeat the column header each time before it reads the value. The good news is that screen readers are smart enough to do that! We just have to tell them how our table is set up and how to read it. In our example,we'll just use a standard table with several columns and several rows. Here's how to do it: 1. Before we get going,we need to know three things about our table: • Is this the first(or only)table on this worksheet? • What are the addresses of the top left and bottom right cells in your table? • Is this worksheet the first(or only) worksheet in this workbook? 2. To get started,select the top-left cell in your table. Don't count the titles, but you do count all row and column headers as part of your table. 3. Go to the Formulas tab in the Ribbon,and choose Name Manager in the Defined Names group. Choose New in the top left corner.A new dialog box opens. In the Name field, we are going to type a fairly complicated name. 37 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 194 of 254 _ Example Defning Title Region.xlsx - File Home Insert Page Layout Formulas Data Review View fii AutoSum = Logical Lookup Referent: Define Name Recently Used - ,Text- Math&Trig- 'Use in Formula- Insert . Name Functionkti Financial Date&Time More Functions = •tanager = Create from Selection I lasfi7e• ."vlanage New... Edit.. Delete Filter= I Name Value Refers To Scope Comment ColumnTitleRegi,.. January =ColumnYitlel$A$2 Workbook • < RowTitleRegion... January =RowTitle!tAs2 Workbook 7 1 iJRov,TitleRegion... January =ColumnYitle!SAs2 Workbook111 4. Type TitleRegion then put a 1 if this is the first table on your worksheet;then a period; then the range of cells in your table from top left to bottom right(with a period in between);then another period;then the worksheet number.So in this case our Title code looks like this: • TitleRegionl.a2.g7.2 You can ignore all other fields in this dialog box. Click OK and Close. Don't forget the periods! I- is is the first I New Name 1 " 11113511-C table on the - worksheet. i name, TitleReganl,a2.g7,2 2 if this is the Wor'.. �,,. second A2 is the ,� worksheet in top-left cell G7 is the the Excel file. in the table. bottom-right cell in the table. 5. That's it! You've just given JAWS the instructions for how to properly read the table so the listener can easily understand it. 6. By the way, if your table only has one column header,define a ColumnTitleRegion instead of a TitleRegion. If your table only has one row header, define a RowTitleRegion. The rest of the coding is the same. 7. Finally, if you create these titles and then make a simple change,such as moving your worksheet tabs around or adding an extra row,you'll have to recode the titles to match your spreadsheet's new reality. So save this step for when you are ready to publish. 38 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 195 of 254 8. If you do need to edit these names,go back to the Name Manager, select the name you wish to edit, and choose the Edit button. 39 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 196 of 254 SAVING YOUR DOCUMENT AS A .PDF For staff who do not have access to Adobe Professional,there is an alternate way to save your document to ensure the accessibility features are retained. 1. File 2. Save as 3. Select PDF from drop down list 4. Select Options 5. Ensure"Document structure tag for accessibility" is checked saga Aa .; Irk Ir d,henF s*win ,mlclpF Smolt g)n p - Options El="'" - de II Smotiap _ It 0davp Name Dote tnockhed T.r e. ' Page range i Deowlaads a NI. securt PimaL M,ADTraining Fin 12,01..201 3308 PM Me- _ F AMCTO.nesmtrhom 4/13..79131207_ He- _ Current page BOPS 13/01i0133:39 PM Far..: Selecton Libraries j,Mgt!, 11111,2013I0e12... Foe' Paae(s) FtOm'I 11 dI Tnt I1 dI Der a€ipn9s yMidica 11/04£ )003 113 - rile O ph Marc Its 1,-.71:yaludy end Plen Nemeth 2203/2,313135PM File': PubIish what fil Pictures 1 Schedules 04/04,20131152... File ?Document •Videos 2C81_pegWo Weterloo ww§price_F-. aSAN20131135_ esol- Document showing markup 5 Computer 'I*hone password sleeve 111a93/A13032 AM Cdc,- Include nongrin tingin flnnaton &Iowan(rhileseraerdatastaH)(H)-Shan... OS/02/2013M AM 51.•:1 1 C."'"'D'AICO - ] ^Grease March 20 Norfolk Gu_. d3111fd03,01/20129:911AM Gi.i. —�_ bookmarks using' 4i tcarrmMei.. departments ole- F%norfolfetorm 15,01Ifi1:g:"uN .�_. .- Headings• As I ;erd beoln-:ark� Fig mono ADDD Training.updated April MU - J Document properties Soren type:INN f,b:::: Add.t+9 iant(PDF/A) Lpmm�esa=dy.s,.a.rd(pidLahing ,d!MITra text when fonts may not be embedded online end prinnngi I � - P Y Minimum she EI open me aherpubnah'ng , Encrypt the document with a password ,pubishing online) 9 OK [ [ Cancel I Hide Folders Tools - L. Sm D I Cancel 40 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 197 of 254 ADOBE In the Adobe Acrobat X Pro workflow, all PDF documents start with a source document created in an office document authoring application,such as Microsoft Word. Because source documents provide the starting-point for the PDF documents, accessibility is critical. See above techniques in order to create an accessible source document using Microsoft Office. For additional information, please contact the Accessibility Coordinator for direction. TEST FOR ACCESSIBILITY COMPLIANCE The best way to test the accessibility of a document is to attempt to use the document with the tools that your readers will use. However, even if you don't have a screen reader or other assistive device,you can use any of the following methods provided by Acrobat 10 Pro for checking the accessibility of a PDF. TAGS Creating a tagged document directly from an authoring application is the best way to make PDFs accessible. However, if a PDF was created without tags,you can add them, using Add Tags to Document. Often Acrobat tags PDFs when you create them. RUN ACCESSIBILITY CHECKS For a more thorough review of the accessibility compliance of a document, use one of the accessibility check features available in Acrobat 10 Pro. The Accessibility Quick Check examines the PDF to see if it has searchable text, document structure tags, and appropriate security settings to make it accessible. To check for other types of accessibility problems, it is best to use the Accessibility Full Check. LOGICAL READING ORDER The order in which elements in a document are read by assistive software is determined by the reading order. Each section of page content appears as a separate highlighted region and is numbered according to its placment in the reading order. You can change the reading order of the highlighted regions without changing the actual appearance of the PDF. For example, by reordering highlighted regions on the page,you can make a figure and caption read at the specific point that they are referenced in the text without actually moving the elements on the page. 41 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 198 of 254 CHECKING FOR ACCESSIBILITY It is important to remember that creating tagged PDF documents is only one aspect of PDF accessibility. No matter which authoring application is used to add accessibility �JJ x features and create a PDF document,the following should also be performed in Adobe Professional to improve accessibility: pr Tools Comment Share • Tag the document(if it is not already completed) • Perform an accessibility Full Check Pages • Fix any reading order problems with the TouchUp Reading Order . Content tool r Forms • Add additional accessibility features(set document language). r Action Wizard r Recognize Text The accessibility Full Check will provide a detailed report of the accessibility . Protection problems within the document. Each type of error detected by the checker may r Sign 8,Certify Accessibility require adjustments to one of the following: ® Change Reading Options • Adjustments to the conversion settings:the conversion settings in co Quik Check PDF Maker must be set correctly prior to conversion to enhance Full Check accessibility. 0 Open Accessibility Report • Repairs to the Source File: Repairs made directly to the PDF file will C9 Add Tags to Document be erased in subsequent PDF documents created from the same Run Form Field Recognition source file; therefore, it is recommended that all repairs/revisions q it Add Form Fields to Tags are made to the source document and converted to PDF. TouchUp Reading Order • Repairs to the PDF File:a few repairs must be completed to the PDF file to improve accessibility. This includes setting the document ' setup Assistant language, ensuring tab order is consistent with structure order and establishing headings for tables. Continue to check the document until there are no more accessibility issues to report. 42 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 199 of 254 DOCUMENT STRUCTURE TAGS PDF tags are a mechanism for indicating the organizational structure of documents (e.g., headings, paragraphs, sections,tables, and other page elements) without changing the visual appearance of the PDF. These tags enable use with assistive devices, such as screen readers, indicate the document reading order and also enable mobile devices to reflow and display the document on a small screen. An untagged document does not have structural information, and Acrobat must infer a structure.This situation often results in page items being read in the wrong order or not at all. For best results,tag the document when converting it to PDF from the authoring application. To add tags automatically F.; 1. Go to menu item: Advanced >Accessibility Accessibility for Ontatlans with Disabilities At,1005(AMA)[1-111 >Add Tags To Document g:96hGC„terServasandar,[„2, The Ncroslble Customer servke Standard Isnot about bulldrne rams and matdna changes to your 2. Note:This command J.re b n n lra aa. �kl q °g m:neww r�a.n.vom.wa a,.en..,an t ma t =d.Nnanu l• nepym,r[raamaap removes any tags that '4:'"��"°" tmeg.tea Accessibility smnda dt Regulation iti2/ were in the document . kmat�rm°t ohm before the command ' : RvIroe" UIN FnWrrnmenr,flat V.uytlxPb) was run. If any potential Norfolk co°nryh, txo-y rc..r Ireormatl problems were I I encountered,an Add I Tags Report appears in the navigation pane. 174 The automatic tagging feature is af °LK usually sufficient for most standard ` Afo matsle available layouts, but it sometimes cannot correctly interpret the structure and reading order of complex page elements(e.g.closely spaced columns, irregular text alignment, and tables without borders.). If testing (see Technique 2) reveals problems, it is necessary to edit and add tags manually using the following techniques. To add tags manually 1. Using the TouchUp Reading Order tool, drag within the document pane to select a region of the page that contains one type of content(e.g.a text block) 2. To add more page content to the current selection,Shift+drag 3. To remove page content from the current selection, Ctrl+drag 4. Select the appropriate button in the TouchUp Reading Order dialog to specify the tag type 43 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 200 of 254 READING ORDER The order in which elements in a document are read by assistive software is determined by the reading order. Each section of page content appears as a separate highlighted region and is numbered according to its placement in the reading order. You can change the reading order of the highlighted regions without changing the actual appearance of the PDF. For example, by reordering highlighted regions on the page,you can make a figure and caption read at the specific point that they are referenced in the text without actually moving the elements on the page. WHEN TO USE THE TOUCHUP READING ORDER TOOL The TouchUp Reading Order Tool provides a quick and easy way of fixing reading order and tagging problems in a PDF document. The TouchUp Reading Order Tool can be used for the following: 1. Check and repair reading "'°"' ""'""'°°" order of content �`.. C °11 e v P r1 ,14 2. Tag interactive form fields 3. Add alternative text to figures/images V....muea..,...,...... v 1,11•.•,....4 t�•......4m.. 01....111141(w C.a...withDlaebNHip Act,2.305{>ODA1gMl] 4. Add alternative 1411 °x.1, ^'4.,°^ I-M40041.^414 50,14.114.4.14014120 ,t...v.cwarrow,.u.s14due.1,4....aann..n.n.wmyW0,44la Our 'I I11 xrm.eoM ms umxy. „ ...W.0.4Y"arn w.r gw- rov. .0.44,..,..4.4. mn.4.,..t.., . descriptions to form fields "n 6,,h ^'� 1 ..4.1 5. Fix tagging of basic tables; "� " .°�° ' ";" '�, i'"""°"�' I and •• P..E 6. Eliminate nonessential ;°-�•^V. i ._,_mo content from the tag tree - ii.(ornamental page borders) (ve '� 40111, 444 it/Pik,' 44 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 201 of 254 The TouchUp Reading Order Tool provides the following options to J users as part of the dialogue box: Draw a rectangle around the • Show page content order: Page elements are shown as content then click one of the 1T{q}l buttons below: "" highlighted numbered regions. The reading order of the Text 1 Figure I document is associated with the sequence of the numbers on the highlighted regions. Form Field 1 FigurelCaption • Show Table Cells:The content of individual cells are shown in Heading 1 I Table highlighted regions.This option allows the user to view any Heading 2 Cell rows and/or columns that have been incorrectly merged/split. • Show Tables and Figures: Each table and figure in the Heading3 I Formula document is outlined with a crossed-out box. This option Background allows the user to view the boundaries of a table and shows the alternative text for each figure. Table Editor • Clear Page Structure:Tags from all visible pages will be removed. This option can be used if a page contains too Show page content order Al many tagging problems and the user wishes to start again. Show table cells • Show Order Panel:Selecting this option opens the Order Shoie tables and figures Al Panel in the navigation pane.The order Panel can assist users with restricting and the reading order of the document. Clear Page Structure,,, Show Order Panel I • Table Editor: By selecting this option,selected text will be Help Close automatically analyzed into cells with applicable tags. Please note that in order to use the Table Editor option,the table must be tagged as such. • Edit Alternative Text: When a figure is highlighted and the user right-clicks on it,the edit alternative text option can be chose. This option allows users to edit or add a text description to a figure. • Edit Form Field Text: When a user right-clicks on a form field,the edit form field text option can be chosen. This option allows users to edit or add a text description to a form field. • Edit Table Summary: When user right-clicks on a highlighted table,the edit table summary option can be chosen. This option allows users to edit or add a text description in regards to the table properties. 45 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 202 of 254 DOCUMENT LANGUAGE In order for assistive technologies (e.g., screen readers)to be able to present your document accurately, it is important to indicate the natural language of the document. If a different natural language is used for a paragraph or selected text,this also needs to be clearly indicated. To change the default language 1. Go to menu item: File >Properties 2. Select the Advanced tab 3. In the Reading Options section, select the language from the Language drop-down list 4. Select OK To apply a language directly to selected element 1. Go to menu item: View>Navigation Panels>Tags 2. In the Tags tab,select the element 3. Right-click*the element and select Properties... 4. In the Tag tab,select the language from the Language drop-down list 5. Select Close DOCUMENT TITLE In case the document is ever converted into HTML,it should be given a descriptive and meaningful title. To change the title of the current document 1. Go to menu item: File>Properties 2. Select the Description tab 3. Enter a descriptive title in the Title box. It is also helpful to enter descriptive information in the text boxes that follow(Author,Subject, Keywords or select Additional Metadata) 4. Select OK 46 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 203 of 254 SCANNED DOCUMENTS Scanned documents are particularly difficult for assistive technology. They appear as an image. Assistive Technology does not read images unless there accompanied by"alt text". Because a scanned document may be several pages long,it is impossible to provide adequate"alt text". It is important to ensure that you are always starting with a source document that is not scanned. If you have a scanned document and do not have access to the original source document, in order to make the document accessible,you must run it through Optical Character Recognition (OCR).This feature can be found in all Professional versions of Adobe. OCR will force Adobe to recognize the text. Once OCR has been run,you can manually add tags and alter the reading order. On occasion,the OCR tool cannot recognize all of the text within a document. The tool, however,gives the user the ability to examine, confirm and correct questionable text in the document. SEARCHABLE TEXT Searchable text is an essential characteristic of an accessible PDF document.Assistive technology devices,such as screen readers, require documents to have searchable text to allow text to be converted into speech. A document that has been scanned creates a graphic representation of the content which prevents the text from being searchable;therefore, making scanned images inherently inaccessible. Users of screen readers cannot select or edit the text of a PDF document that is essentially a scanned image. 47 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 204 of 254 ACKNOWLEDGMENTS This document was developed based on documents from the Accessible Digital Office Document(ADOD) Project and resources developed by the Office of Governor Rick Perry for the State of Texas. This document was produced as part of the Accessible Digital Office Document(ADOD) Project. This project has been developed by the Inclusive Design Research Centre,OCAD University as part of an EnAbling Change Partnership project with the Government of Ontario and UNESCO (United Nations Educational,Scientific and Cultural Organization). DFD �� Ontario United Nations T Design esign Educational,Scientific and Inclusive Research Centre Cultural Organization (OCAD University) Copyright© 2011 Inclusive Design Research Centre,OCAD University This material may be reproduced and distributed in print or electronic format only as long as: (a)the reproduction is offered at no cost to the recipients; and (b)the reproduction must preserve the "Version"section; and (c)the reproduction must preserve the "Acknowledgments" section;and (d)the reproduction must preserve this copyright notice. Version Adobe- Date of Current Version: 14 June 2012 Microsoft Word- Date of Current Version:04 Feb 2011 Microsoft Excel—Date of Current Version:04 Feb 2011 PowerPoint—Date of Current Version:04 Feb 2011 48 Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 205 of 254 INAYH44 CIL A1,oi.tu IS1Co�`�y nity Corporation of the Municipality of Bayham Policy Name: Employment Emergency Response Information Section 1 - Background The Accessibility for Ontarians with Disabilities Act(AODA)received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and the Act has strong enforcement provisions including inspections, orders and significant penalties. On January 1, 2012, as part of the ongoing requirements under the Accessibilities for Ontarians with Disabilities Act, 2005 (AODA)and Ontario Regulation 191/11, the Integrated Accessibility Standards Regulation (IASR)an obligation dealing with emergency preparedness came into effect. The requirement deals with emergency preparedness for employees. If employers have employees with disabilities, either permanent or temporary, they must now provide them with individualized emergency response information, if requested. Section 2—Procedure 2.1 Once a year the CAO shall circulate a memorandum to staff reminding them of the opportunity to develop individual emergency response information. 2.2 During new employee orientation each individual shall be provided with a copy of the emergency response information memorandum. 2.3 It is incumbent upon each individual employee to request personal emergency response information. 2.4 Upon request for the development of individual emergency response information the CAO and the Health and Safety Coordinator shall develop an individualized plan with the aid of an employee submitted confidential questionnaire. 2.5 After review of the confidential employee questionnaire the CAO will return to the employee individualized emergency response information. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 206 of 254 INAYH44 CI � �oi.tu IS�Co `�� nity Corporation of the Municipality of Bayham Policy Name: Accessible Employment Activities Accommodation Section 1 - Reference i. Accessibility for Ontarians with Disabilities Act, 2005 (AODA). ii. Integrated Accessibility Standards Regulation, Ontario Regulation 191/11 iii. Workplace Safety& Insurance Act, S.O. 1997 Ontario Human Rights Code, R.S.O. 1990 iv. Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 Section 2—Background The Accessibility for Ontarians with Disabilities Act, 2005 (AODA)received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. As part of the ongoing requirements under AODA and Ontario Regulation 191/11, the Integrated Accessibility Standards Regulation (IASR), an obligation dealing with individual employment activities accommodation was developed. The requirement specifically concerns: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition. It also includes the purchase and management of information technology and communication systems, development and management of information services, decisions relating to real property, purchases of internal fittings and decisions related to conferences, seminars and training. If employees or potential employees request individual employment activities accommodation the Municipality must attempt to develop and deliver individualized plans short of undue hardship for the Municipality. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 207 of 254 Section 3 - Definitions a. Accommodation: i. Universal Accommodation: The process of identifying and eliminating barriers for everyone. This can be done by modifying facilities, policies, programs, procedures and practices, and ensuring that potential barriers are identified and resolved before engaging in new corporate actions. ii. Individual Accommodation:An adaptation or adjustment that may be required to enable an employee to perform his or her essential job responsibilities effectively. This may involve purchasing equipment, changing certain duties or hours of the employee, reassignment of the employee, or provision of specific services such as providing attendant care or sign language interpretation. b. Barrier.An obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice. c. Disability: Under section 10(1)of the Human Rights Code, "Disability" means: any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness, and without limiting the generality of the foregoing, including diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; a condition of mental impairment or developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; a mental disorder; an injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997 Disability does not include a minor or common medical condition such as a cold, flu or minor backache that arises from the stresses, pains and inconveniences of everyday life. Disability may be temporary, short-term, long-term or permanent. d. Discrimination: Unequal treatment based upon any of the prohibited grounds as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour, Sex (including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability. e. Senior Staff Shall mean the respective Department Head of the employee or potential employee seeking accommodation, the CAO and at the discretion of the CAO, the Council of the Corporation of the Municipality of Bayham. At all times Senior Staff shall include external healthcare professionals and/or external human resources professionals as per Section 6—Overarching Procedures. f. Undue Hardship: Excessive disruption of, or interference with the Municipality's operation. Two of the main relevant factors determining what constitutes undue hardship are: i. Financial Costs: Associated with the accommodation are prohibitive to the point that it would alter the nature or substantially affect the viability of the Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 208 of 254 Corporation of the Municipality of Bayham. The Municipality is expected to canvas funding, and as such outside funding will be considered in the costs determination. ii. Health and Safety Risks: May be considered, in particular the degree of risk to the remainder of the workplace after the accommodation has been made, whereby it is so significant that it outweighs the benefits of the accommodation. Both public safety and the health and safety of employees are key considerations. Section 4—Overview "The Municipality of Bayham is dedicated to promoting, enhancing and creating, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life." The Municipality of Bayham is an equal opportunity employer. The Municipality's commitment to a holistically inclusive work environment and universal accommodation extends to all employment activities: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition. It also includes the purchase and management of information technology and communication systems, development and management of information services, decisions relating to real property, purchases of internal fittings and decisions related to conferences, seminars and training. Prospective Municipal employees may request accommodation for an interview or test; qualified candidates offered employment may request accommodation to start a new job; and current employees may request accommodation to pursue training opportunities. The duty to accommodate recognizes that true equality means respect for a person's unique needs. As such, the guiding factors of the Municipal Employment Activities Accommodation Policy are listed below: a. Individual Assessment: Individual accommodation is assessed and delivered on a singular basis for persons who make their needs related to employment activities known. Each situation must be considered individually in order to assess appropriate accommodation. Requests for employment activities accommodation must be dealt with quickly and effectively so employees and potential employees can fully participate in all aspects of employment and recruitment, except where undue hardship can be demonstrated. b. Dignity and Privacy: Individuals must be accommodated in ways that respect their dignity,worth, and right to privacy in the workplace. All information relating to specific requests for accommodation will be treated as confidential and will only be used for the purpose of meeting accommodation requirements. The Municipality will comply with all privacy, confidentiality and security requirements of the Municipal Freedom of Information and Protection of Privacy Act. c. Legal Obligations and Limits: Employment activities accommodation is a legal obligation for the Municipality under the Human Rights Code, AODA and related legislation; failure to accommodate on any of the Code's protected grounds or relevant legislation regulations may constitute discrimination. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 209 of 254 The Municipality is obligated to fully explore accommodation within the employee's own job. Accommodation outside of the employee's position may be considered; for example, when the employee cannot perform the essential duties of the position and accommodation in the current position would create undue hardship. However, this does not mean that a new job must be created for an employee, nor does the application of this policy constitute a guarantee to continued employment. The Municipality is not obligated to accept substandard or less than competent performance from an employee or potential employee once they have been accommodated. The Municipality as Employer has the right to ensure that accommodation results in a qualified employee performing meaningful work of benefit to the Municipality. Accommodation is intended to enable an employee to perform the essential core functions of a particular job and/or assignment. Section 5—Responsibilities Accommodation within the workplace is a multi-party process whereby the Municipality, the employee and, where applicable, the respective bargaining unit are responsible for actively contributing to the process in compliance with the relevant legislation. Senior Staff a. Develop a temporary or permanent modified work plan in collaboration with external professionals where required. b. Remain receptive to the varying methods capabilities can be accommodated. c. Document all details of the accommodation process—be specific and thorough. d. Maintain confidentiality. e. Make every effort to communicate with employees failing to correspond with the Municipality during an absence. f. Liaise with Union representatives where applicable. g. Retain copies of permanent and/or temporary modified work plans for accommodation in the respective employee file. h. Forward copies of accommodation plans for occupational disabilities to The Workplace Safety and Insurance Board (WSIB), as required. i. Coordinate third-party Functional Abilities Evaluations and other Assessments. j. Advise the employee of the availability of the Individual Employee Activities Accommodation Policy. k. Provide leadership in creating and maintaining workplaces that support and facilitate individual employment activities accommodation. I. Address co-worker cooperation issues throughout the individual employment activities accommodation process. Employees Seeking Accommodation a. Make accommodation needs known to the Municipality of Bayham, to the best of their ability. b. Provide timely, accurate and objective medical information (progress reports)- specific information about capabilities, to the satisfaction of Senior Staff is a requirement. c. Participate in discussions regarding possible modified work solutions. d. Cooperate and abide by the terms and conditions of the modified work plan. e. Promptly advise Senior Staff of difficulties experienced in the modified work plan. f. Promptly inform Senior Staff of changes regarding capabilities that may alter or end the need for accommodation. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 210 of 254 g. Accept reasonable offers of accommodation. h. Attend medical and/or therapy appointments during non-work hours; difficulties with these arrangements must be coordinated with Senior Staff. i. Co-operate with requests for information about capabilities supported with independent medical evaluations, when required, to provide clear and sufficient information to support individual employment activities accommodation plan. j. Accept an individual employment activities accommodation solution that meets the employee's accommodation needs and treats the employee with dignity, even if the solution is not necessarily the one the employee would have preferred. Union a. Remain receptive to the varying methods capabilities can be accommodated. b. Cooperate and not unreasonably block viable return to work options. c. Make reasonable efforts to place accommodated workers. d. Consider the impact of the modified work plan on both the organization and other employees whom the Union represents. Section 6—Overarching Procedure 6.1 All corporate documents shall feature the"Alternate Formats"clause as per the Municipality of Bayham -Alternate Formats Policy: "Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866-5521or at accessibility@bayham.on.ca" 6.2 All corporate documents pertaining to employment activities: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition shall feature the Municipality of Bayham Employment Activities Accommodation clause: "The Municipality of Bayham is an Equal Opportunity Employer. If you require accommodation at any time throughout the employment activities process, please contact us at: 519-866-5521, accessibility@bayham.on.ca or by visiting www.bayham.on.ca and we will make every effort to provide appropriate assistance pursuant to the Municipality of Bayham Employment Activities Accommodation Policy." 6.3 All employees and potential employees will be notified of the Municipality of Bayham Employment Activities Accommodation Policy. 6.4 During the recruitment process all job descriptions shall list a summary of the physical and cognitive demands of the position. 6.5 Employees and potential employees seeking individual employment activities accommodation shall request individual employment activities accommodation in writing using the Municipality of Bayham Employment Activities Accommodation Request Form, giving as much notice as possible to Senior Staff to initiate accommodation proceedings Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 211 of 254 and then be referred to Section 7-Accommodation— Permanent Restrictions Policy or Section 8 -Accommodation—Temporary Restrictions Policy. 6.6 It is incumbent upon each individual employee or potential employee to request individual employment activities accommodation to Senior Staff. 6.7 If accommodation issues are beyond the scope and expertise of Senior Staff, an external professional's advice shall be sought outside the Municipality. Supporting or expert documentation shall be required to verify the need for accommodation. This information should be limited to facts relevant to identifying the appropriate accommodation. In cases involving accommodation of persons with a disability, employees have a right to privacy and need only provide information about their functional capabilities, not the specific details of their disability. In some circumstances, medical information may be required to verify a disability or clarify the time period for accommodation. Medical reports will be treated as strictly confidential and only shared on a need-to- know basis, with consent of the employee. 6.8 The duty to accommodate does not create an endless obligation on the Municipality. Circumstances of the individual, the ability to perform the essential duties of the job, the success of accommodation attempts, the co-operation of the employee and performance issues will all be relevant in determining where the duty to accommodate ends. 6.9 Employees requiring permanent accommodation shall refer to Section 7 - Accommodation—Permanent Restrictions Policy. Employees requiring temporary accommodation shall refer to Section 8 -Accommodation—Temporary Restrictions Policy. Section 7 -Accommodation —Permanent Restrictions Policy 7.1 The Municipality of Bayham will make every attempt possible to accommodate job applicants and employees with permanent medical restrictions to the point of undue hardship. 7.2 The objective of this policy is to facilitate the process for the reintegration of employees with permanent or long-term disabilities into the work environment in a safe and timely manner, through accommodation and/or modified work plan. 7.3 Employees who have temporary medical restrictions, whereby it is the expectation that the employee will make a full return to regular duties, should be referred to the Section 8 -Accommodation—Temporary Restrictions Policy. 7.4 The fundamental consideration of the duty to accommodate is individualized treatment reflective of the specific needs or restrictions of each individual. 7.5 The employee will provide to Senior Staff an objective medical report issued by a health care professional. The report will state that the current restrictions are not expected to change and that the employee has reached maximum medical recovery(may be defined as: prolonged, indefinite, or unknown). The report must clearly state the recommended work capabilities of the employee. The employee shall forward the report directly to Senior Staff. The WSIB Return to Work and Recovery—Worker's Progress Report Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 212 of 254 Form, may be used for occupational or non-occupational injuries/illnesses, if Senior Staff deems it appropriate. 7.6 It is not appropriate to pursue accommodation in the absence of clear medical report information. Senior Staff may request medical report clarification from the employee. 7.7 It may be necessary for a WSIB Functional Abilities Evaluation (FAE)to be conducted. This objective tool is obtained from an outside third party health care professional and assists in determining suitable job duties based on the employee's functional abilities. The FAE is coordinated through Senior Staff and paid for by the originating department. 7.8 Senior Staff may use the information provided by the health care professional from Section 7 of this Policy to develop a modified work plan to safely accommodate the employee with the appropriate modified work tasks. 7.9 In the event of an occupational disability, the employee may be entitled to retraining benefits through the WSIB. The WSIB will determine when and if retraining is necessary, and is responsible for coordinating the details necessary to pursue the retraining. Retraining benefits through WSIB pose a significant financial consideration for the Municipality. 7.10 In the event of non-occupational disabilities, long-term disability benefits may be available, at the discretion of Senior Staff, for full-time employees who are unable to perform substantially all of the duties of their job classification. Accommodation -Same Job Classification 7.11 Senior Staff will prepare a list of tasks and parts of tasks which are determined to be compatible with the employee's capabilities and within the scope of the employee's job classification. It is not a requirement that the employee be able to perform all of the job tasks. 7.12 To assist the employee in performing job tasks or parts of tasks that accommodate his or her restrictions; at the discretion of Senior Staff, consideration shall be given to the purchase and/or utilization of special devices or equipment. 7.13 Consideration shall be given to tasks or parts of tasks that are performed by other employees within the same job classification to determine if they could be assigned in a different manner. This is referred to as "bundling of tasks". Bundling is not limited by factors such as the current work location or job routine. 7.14 The final list of tasks and portions of tasks identified as suitable by Senior Staff may encompass less than the employee's normal hours of work. This may present challenges if the employee has full-time status and consideration may be given to accommodation within a different job classification. 7.15 Accommodation may be best achieved within another department. Senior Staff will consult with the respective Department Head and Union, where applicable, regarding the potential arrangements. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 213 of 254 Accommodation— Different Job Classification 7.16 When accommodation within the same job classification cannot be achieved, or when the employee is reasonably unwilling to accept accommodation involving less than his or her normal hours of work, the following process will apply: a. Senior Staff will identify suitable positions that are compatible with the employee's permanent restrictions, considering other job classifications in the same department and other job classifications outside of the department. b. Senior Staff will meet for the purpose of reviewing and recommending appropriate individual case strategies for: i. safe and successful return to work of employees with disabilities as soon as possible after an illness or accident, work-related or non-work-related; and ii. the return to productive and gainful employment, where practicable, for employees who have become incapable of fully performing the core duties of their own classification but who are medically certified as capable of performing duties of another classification, with reasonable accommodation where required. c. Senior Staff may consider issues including, the waiving of job postings and the transfer of seniority dates when an employee transfers outside the job classification or department. Senior Staff and the respective bargaining unit,where applicable, will work cooperatively to reach agreement on such issues. d. Retraining or upgrading of skills may be necessary to achieve placement in another position. Consideration will be given to absorbing the costs associated with this initiative, provided that the costs do not result in undue hardship and the training is reflective of the operational requirements of the organization. e. An Employee may be asked to provide an updated resume and participate in a skills assessment process to determine their current skill level. f. Senior Staff may identify a number of productive tasks that could be bundled together to form a meaningful and productive position. g. The employee's salary placement will reflect the new job classification and shall be referred to the Job Evaluation process where applicable. If the accommodation arises from a workplace injury, salary supplement or"top up" may be possible through WSIB. Duty to Accommodate 7.24 The duty to accommodate does not require the displacement of other employees, nor does it require measures to be taken that would substantially interfere with the seniority rights of other employees. 7.25 Ultimately, Senior Staff must be able to demonstrate that it has followed the appropriate process for exploring all possible accommodations. The obligation on the Municipality is to provide reasonable accommodation. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 214 of 254 7.26 To prove that accommodation efforts were sincere and reasonable, the Municipality will demonstrate that it has engaged in a process that includes, but is not limited to: a. Determining if the employee is capable of performing his or her existing job as it currently exists; b. If (a) is not possible, reconfigure or modify tasks within the current job classification; c. If(b) is not possible, make a determination as to whether the employee is able to perform another job, which may be within or outside his or her department; and d. If(c)is not possible, determine whether the employee can perform another job which may be within or outside his or her department,where applicable, when accommodations are implemented. 7.27 Senior Staff is not required to put together a job that has little productive value. 7.28 This policy applies to all Municipality Employees. Where the employee is part of a Union, the Collective Agreement may take precedence. Section 8 -Accommodation —Temporary Restrictions Policy 8.1 The Municipality of Bayham will make every attempt possible to accommodate job applicants and employees with any condition that restricts or impairs an individual on a temporary or short-term basis necessitating temporary medical restrictions. 8.2 The objective of this policy is to facilitate the process for the reintegration of employees with temporary disabilities into the work environment in a safe and timely manner, through a modified work plan, and to regularly review progress. To ensure that all job applicants and employees are aware of their right to accommodation. To be in compliance with applicable legislation. 8.3 Employees who have permanent medical restrictions, which may include a recurring medical condition, are referred to Section 7 -Accommodation—Permanent Restrictions Policy. 8.4 The fundamental consideration of the duty to accommodate is individualized treatment reflective of the specific needs or restrictions of each individual. 8.5 Job applicants requesting accommodation shall be accommodated during the application process to the extent required by law. 8.6 Senior Staff shall coordinate such accommodation efforts as are required by law for job applicants. 8.7 It may be necessary for a WSIB Functional Abilities Evaluation (FAE)to be conducted. This objective tool is obtained from an outside third party health care professional and will provide clear temporary capabilities and/or restrictions, including the duration, and whether a complete recovery is expected, assisting in the development of an early and safe return to work plan based on the employee's functional abilities. The FAE is coordinated through Senior Staff and paid for by the originating department. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 215 of 254 8.8 The employee will provide to Senior Staff an objective medical report issued by a health care professional. The report must clearly state the recommended restrictions for the employee. The employee shall forward the report directly to Senior Staff. The WSIB Return to Work and Recovery—Worker's Progress Report Form may be used for occupational or non-occupational injuries/illnesses, if Senior Staff deems it appropriate. 8.9 Senior Staff may use the information provided by the health care professional from Section 8 to develop a temporary modified work plan to safely accommodate the employee with the appropriate temporary modified work tasks. 8.10 Work plans will be progressive and lead the employee to the resumption of full regular duties. The plan may incorporate temporary modified tasks and hours or a combination of both. 8.11 Prior to the commencement of the temporary modified work plan, there must be an expectation, stated in writing from a health care professional, of a full return to regular duties within a short period of time(usually within 3 months). This will be clearly documented on the temporary modified work plan. 8.12 Depending on the nature of the disability, there may be exceptions to details outlined in Section 8; clarification may be required from a health care professional before developing a temporary modified work plan. 8.13 The employee will provide regular medical progress reports from a health care professional at approximately 2 week intervals to Senior Staff, these dates will be clearly stated on the temporary modified work plan. Without updated medical information, the plan may not be extended. 8.14 As medical updates are received, Senior Staff will ensure that the temporary modified work plan is compatible with the new and most current medical information. 8.15 The disability or condition should improve while the employee is on the temporary modified work plan; clarification will be requested from a health care professional if there are little or no signs of improvement. Continuation of the temporary modified work plan may be delayed until clarification is provided. 8.16 A change in the health care professional's assessment,which reflects that the disability is unknown or permanent in nature, necessitates referring to the Section 7- Accommodation— Permanent Restrictions Policy. 8.17 Temporary modified work for occupational and non-occupational disabilities may include the following within the department,where applicable: a. regular duties or routines with restrictions; b. modification of work schedule; c. modification of tasks and/or duties within the current job classification; d. short-term approved projects; e. changing the environment in which the tasks are performed in. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 216 of 254 8.18 Assigning tasks that belong to the regular job classification is preferable, facilitating a smoother transition from modified to regular duties. 8.19 As noted in Section 8.17, assigning tasks that belong to the regular job classification is preferable; however the temporary modified work plan may include tasks that do not belong to the employee's regular job classification. 8.20 The employee's salary placement will reflect the job classification and shall be referred to the Job Evaluation process where applicable. If the accommodation arises from a workplace injury, salary supplement or"top up" may be possible through WSIB. 8.21 Additional hours that exceed the assigned number of hours in a particular shift are not considered rehabilitative and are not acceptable during a temporary modified work plan, unless medical documentations provided stating that working extra hours will not impact on the period of modified work, or recovery, in accordance with operational needs. 8.22 This policy applies to all Municipality of Bayham Employees and job applicants. Where the employee is part of a Union, the Collective Agreement may take precedence. Report CAO-17/15 by Paul Shipway,Administrator re Municipal... Page 217 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z635-2015 FROESE VEGETABLES INC. BEING A BY-LAW TO AMEND BY-LAW No.Z456-2003,AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No.Z456-2003,as amended; THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No.Z456-2003,as amended,is hereby further amended by amending Schedule"A", Map No. 8 by removing from the Agricultural(Al)Zone and adding to the Farm Industrial(M1) Zone,which lands are outlined in heavy solid lines and marked Ml on Schedule"A"to this By-law, which schedule is attached to and forms part of this By-law. 2) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto,upon the expiration of the prescribed time;or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 19t`DAY OF March 2015. READ A SECOND TIME THIS 19th DAY OF March 2015. READ A THIRD TIME AND FINALLY PASSED THIS 19th DAY OF MARCH. MAYOR CLERK By-Law Z635-2015 Being a By-law to further amend By-law No. ... Page 218 of 254 ..--•""''''''"H-= SEE SCHEDULE A-MAP No.5 ./ '-"'r+, I flEESCHULEA- MAP No.6 '/-r'' '..,r _...._ _,, , _. ,.. ,„,.... ,-., i , ,, ,,,,4,. II (1 ,,, . ; . ; . , ,..9q41 L 6T I!s{. t • �/, ? SEE SCHEDULE F- '� � LOT 119 `-- MAP STRAFFORDVILLE ,`+ n 1 [ LOT IRO o ! ' LOT 121 z i I - � _ LOT 122 y.; ~ I l 8 D SOUTH OF — LOT 123 f LOT 124 ! LOT 125 I LQ 1-126 s TALBO II LI ROAD ' , • u) t4l: i '. ,1 i '*:. . • • :' .. ... a, 0 d CONE 1.z ILI 1 El LOT fi� l �/ .,......._ a. CU� - LOT II j • ��J. __ W LOT 12 f co ,. 1 LOT 13 �'- / H ' IL i .CON5 `.IOT.., / l'1,, I.t J .. —J ., LCT 15 _ /�� : LOT 16 �� 1 • LOT 17 i� `r i i Lor la V SEE SCHEDULE "' Y A-MAP No.10 `r !i This is Schedule"A"to By-law ' •'h r"' No.Z635-2015,passed the f iJi 19th day of March,2015 "�►.,, 111 SEE SCHEDULEA-MAPNo.11 �` Mayor Clerk `=.,,n i I MUNICIPALITY OF BAYHAM LeenaA. SCHEDULEAf' LPRCARegulati,Limit NORTH MAP No.8 " m° am eun Metres By-Law Z635-2015 Being a By-law to further amend By-law No. ... Page 219 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015-029 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND PETER AND MARGARETHA THIESSEN WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Peter and Margaretha Thiessen for disposal of the shed located at the Richmond Community Park, 53906 Church Street, Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between Peter and Margaretha Thiessen 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 19th DAY OF MARCH 2015. MAYOR CLERK By-Law 2015-029 Being a By-law to authorize the execution of.. Page 220 of 254 THIS AGREEMENT made this day of , 2015 BETWEEN: PETER AND MARGARETHA THIESSEN -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (the"Municipality") WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for disposal of the shed located on the road allowance in front of the Richmond Community Park located at 53906 Church Street, Municipality of Bayham; AND WHEREAS the Municipality has deemed the shed to be surplus to the needs of the Municipality and has posted notice of Sale of Surplus Structure on the municipal website; AND WHEREAS Peter and Margaretha Thiessen indicated interest in the structure; NOW THEREFORE the Municipality and Peter and Margaretha Thiessen agree as follows: 1. Shed is as is, where is and is to be moved to the property owned by Peter and Margaretha Thiessen located at 53885 Heritiage Line, Municipality of Bayham 2. The Municipality of Bayham makes no guarantee of the structure or condition of shed 3. Shed must be removed by May 23, 2015 at the sole cost and expense of Peter and Margaretha Thiessen 4. Building permit is to be obtained from the Chief Building Official at the sole cost and expense of Peter and Margaretha Thiessen 5. Any remaining debris in the area of the shed is to be removed by Peter and Margaretha Thiesen IN WITNESS WHEREOF the parties have caused this Agreement to be executed as of the day of ,2015. We have the authority to bind the Corporation. THE CORPORATION OF THE OF THE MUNICIPALITY OF BAYHAM Peter Thiessen By: Margaretha Thiessen Paul Ens, Mayor Witness Lynda Millard, Clerk By-Law 2015-029 Being a By-law to authorize the execution of.. Page 221 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2015-030 BEING A BY-LAW TO DEFINE THE PROCUREMENT POLICIES AND PROCEDURES FOR THE CORPORATION OF THE MUNICIPALITY BAYHAM WHEREAS the Corporation of the Municipality of Bayham, pursuant to Section 271 of the Municipal Act, 2001,as amended,deems it prudent to enact a procurement policy; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This by-law may be referred to as the Procurement By-law". Section 1 —Purposes, Goals&Objectives 1.1 The purposes, goals and objectives of this by-law and of each of the methods of procurement authorized herein are: a. to encourage competition among suppliers; b. to maximize savings for taxpayers; c. to ensure service and product delivery efficiency and effectiveness; d. to ensure service and product delivery quality; e. to make service and product providers accountable to the Municipality and the public; f. to encourage the procurement of goods and services with due regard to the product being accessible to persons with disabilities or be capable of being made accessible through the use of technology; g. to ensure environmentally responsible and sustainable purchasing where possible; h. to provide the highest level of government service at the least possible cost; i. to ensure fairness between bidders; j. to ensure objectivity in the procurement process; k. to the extent possible, ensure openness, accountability and transparency while protecting the financial best interests of the Municipality; I. to obtain the best value for the Municipality when procuring goods and services; m. to avoid conflicts between the interests of the Municipality and those of the Municipality's employees and elected officials. Section 2-Definitions 2.1 In this by-law, a. "Award"shall mean authorization to proceed with the purchase of Goods, Services and Construction from a chosen supplier; b. "Bid" shall mean an offer or submission from a supplier in response to a Request for Quotation, Tender, Request for Proposal, Request for Price Agreement, an In House Bid or a Two Phase Bid request, which is subject to acceptance or rejection by the Municipality; c. "Bid Bond"shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee that the Successful Bidder enters into a Contract with the Municipality, as required by Section 8 of this by-law; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 222 of 254 d. "Bid Solicitation"shall mean a formal request for Bids that may be in the form of a Request for Quotation, Request for Qualifications, Request for Tender, Request for Proposal, Request for Price Agreement, Request for In House Bid or a Two Phase Bid Request; e. "Conflict of Interest"shall mean a situation where a personal or business interest of a councillor, officer or employee of the Municipality is in conflict with the best interests of the Municipality, and includes: the giving or receiving of a direct or indirect personal gain or benefit, or a direct or indirect advantage or privilege, by any business or individual that provides advice, Goods, Services or Construction to the Municipality or a family member of such business that provides Goods, Services or Construction; ii. employment by the Municipality on a full time basis; and iii. a direct or indirect interest in any business that provides Goods, Services or Construction to the Municipality; f. "Construction" shall mean a construction, reconstruction, demolition, repair or renovation of a building, structure or other civil engineering or architectural work and includes site preparation, excavation, drilling, seismic investigation, soil investigation, the supply of products and materials and the supply of equipment and machinery if they are included in and incidental to the construction, and the installation and repair of fixtures of a building, structure or other civil engineering design or architectural work, but does not include professional services related to the construction contract unless they are included in the specifications for the procurement; g. "Consulting and Professional Services" shall mean those services requiring the skills of a professional for a defined service and includes but is not limited to architects, engineers, designers, surveyors, planners, accountants, auditors, management professionals, marketing professions, software and information technology experts, financial consultants, lawyers, law firms, real estate agents and brokers, planners, environmental planners and engineers, hydrogeologists, transportation planners and engineers, communications consultants and any other consulting of by the professional services which may be required by the Municipality; h. "Contract" shall mean a binding agreement between two or more parties that creates an obligation to do or provide a particular thing or service; I. "Employee-Employer Relationship" shall mean a relationship that exists where persons for pay or other consideration enter into the service of others and devote their personal labour for any given period and the other person has the power or right to control or direct the person in the material details of how the work is to be performed; j. "Employment" shall mean the act of being employed by the Corporation of the Municipality of Bayham; k. "Expression of Interest" shall mean a written detailed proposal submitted in response to a Request for Expression of Interest; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 223 of 254 I. "Extraordinary or Emergency Circumstance" shall mean an event or circumstance where the immediate purchase of Goods or Services or the entering into of a Construction Contract is essential or necessary to prevent or alleviate serious delay, a threat to public health, safety or welfare, the disruption of essential services or damage to public property or any expenditure that is necessary to respond to any emergency of the Municipality; m. "Fair Market Value" shall mean the price that would be paid, in an open and unrestricted market, by a knowledgeable and willing purchaser to a knowledgeable and willing vendor, both of whom are dealing at arm's length, are fully informed and are not under any compulsion to transact with one another; n. "Financing Lease" shall mean a lease which allows for the provision of Goods, Services or Construction if the lease may or will require payment by the Municipality of financing, interest, bonuses, premiums or other charges or costs for the Goods, Services or Construction over time and upon term; o. "Goods"shall mean moveable property including: the costs of installing, operating, maintaining or manufacturing such moveable property,and ii. raw materials, products, supplies, equipment and other physical objects of every kind and description whether in solid, liquid, gaseous or electronic form, unless they are procured as part of a Construction Contract; p. "Holdback" shall mean an amount withheld under the terms of a Contract to be used as security for the completion or performance of the Contract, and to avoid overpayment in relation to the progress of work; q. "In House Bid" shall mean a Bid made by a Department or a group of employees and authorized by Senior Staff submitted in response to a Bid Solicitation, where the provision of the Good, Service or Construction will be provided entirely by the employees of the Municipality; "Low Value Purchase" shall mean a purchase of Goods, Services or Construction which is random in nature, is not included as part of a Price Agreement, and does not exceed a value of$1,000.00; s. "Lowest Compliant Bid" shall mean the Bid that would provide the Municipality with the desired Goods, Services and Construction at the lowest cost, meets all the specifications and requirements and contains no major irregularities or qualifications; t. "Municipality"shall mean the Corporation of the Municipality of Bayham; u. "Online Tendering" shall mean the use of a computer-based system authorized by the Municipality and directly accessible by suppliers, that provides suppliers with information related to Bid solicitations; v. "Payment Security" shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee the By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 224 of 254 payment of labour and materials to be supplied in connection with a Contract, as required by Section 8 of this by-law; w. "Performance Security" shall mean the form of security required by the terms and conditions of Bid Solicitation documentation to guarantee the faithful performance of the Contract by a supplier, as required by Section 8 of this by-law; x. "Price Agreement" shall mean an agreement between the Municipality and the supplier of a Good, Service or Construction arrived at following a competitive tender or proposal process, whereby the supplier commits to the Municipality to provide Goods, Services or Construction, as and when needed by the Municipality, at a pre-determined price, for a pre- determined period of time, upon pre-determined terms and conditions; y. "Pre-qualification Submission" shall mean a detailed written proposal submitted in response to a Request for Pre-qualification but which does not create any contractual obligation between the party submitting the Pre-qualification Submission and the Municipality, but which may be a pre- condition to further procurement Contracts with the Municipality; z. "Progress Payment" shall mean a payment made under the terms of a Contract after the performance of the part of the Contract in respect of which payment is made but before the performance of the whole contract; aa. "Proposal" shall mean an offer submitted in response to a Request for Proposal, acceptance of which may be subject to further negotiation; bb. "Purchase" shall mean to acquire Goods, Services or Construction by purchase, rental, lease or trade; cc. "Purchase Order" shall mean a written order to a supplier formally stating all terms and conditions for the purchase of Goods, Services or Construction or a written acceptance of an offer received in accordance with this by-law; dd. "Quotation" shall mean a binding offer submitted in response to a Request for Quotation; ee. "Request for Expressions of Interest" shall mean a request made by the Municipality to the market place for the purposes of compiling a list of persons or corporations who may be interested in providing Goods, Services or Construction to the Municipality from time to time. Acceptance of an expression of interest by the Municipality does not create any contractual obligation between the party submitting the expression of interest and the Municipality, but may be a precondition to Pre- qualification or further procurement Contracts with the Municipality; ff. "Request for Pre-qualification" shall mean a request for the detailed submission of the experience, financial strength, education, background and personnel of persons, firms or corporations who may, from time to time, qualify to supply Goods, Services and Construction to the Municipality; gg. "Request for Price Agreement" shall mean a request for the submission By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 225 of 254 of a Tender or Proposal to enter into a Price Agreement with the Municipality; hh. "Request for Proposal" shall mean a request for proposals made pursuant to this by-law, which may or may not result in further negotiation, or the creation of Contractual obligations between the parties, depending on the terms of the Request for Proposal; ii. "Request for Quotation" shall mean a request for Quotations for the provisions of Goods, Services or Construction to the Municipality made pursuant to this by-law; jj. "Sole Source Purchase" shall mean the purchase of a Good, Service or Construction where there is only one available supplier of that Good, Service or Construction that meets the needs or requirements of the Municipality; kk. "Substantive Objection" shall mean a written objection provided to Senior Staff or the CAO by an interested party giving specific reasons for the objection; II. "Successful Bidder" shall mean the Bid that would provide the Municipality with the best product or service as measured by the evaluation criteria and which is compliant; mm. "Tender" shall mean a written detailed offer from a vendor or service provider, to supply Goods, Services or Construction to the Municipality; nn. "Two Phase Bid" shall mean a Proposal submitted in response to a Request for Proposals which requires the submission of the Proposal in phases, either in separate bid envelopes or at different times, whereby the proposal is evaluated in the first phase, and price is evaluated in the second. 2.2 To establish the definition of any other purchasing term not herein included, reference shall be made to the latest edition of the National Institute of Governmental Purchasing Inc.'s Dictionary of Purchasing Terms. 2.3 Schedules"A"and "B"attached hereto form part of this By-law. Section 3—General Procurement Polices& Procedures 3.1 The policies and procedures prescribed in this by-law, including all of the purposes, goals and objectives of Section 1 hereof, shall be followed for the procurement of all Goods and Services and for the awarding of any Construction Contract by the Municipality or any of its officers,servants and employees with the exception of any of those pertaining to the Drainage Act or Municipal Drains. 3.2 This by-law shall not apply to those procurement processes enumerated in Schedule"A" Section 4—Responsibilities&Authorities 4.1 Senior Staff shall be responsible for and shall have authority for all procurement activity and decisions within their Department (including the Awarding of any Contract), subject to all of the following: By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 226 of 254 a. all of the purposes, goals and objectives of Section 1 of this by-law shall be complied with; b. all procurement activities and decisions must be authorized by this by- law and must be carried out within the financial and other limits set out herein; c. no procurement activity or decision shall be contrary to any specific direction of the CAO or Council; d. ensuring that all necessary authorizations to proceed have been given and that sufficient funds are budgeted. 4.2 The CAO has the authority to instruct Senior Staff to not to award Contracts and to direct Senior Staff to report to Council for approval and may provide additional restrictions concerning procurement where such is considered necessary and in the best interest of the Municipality. 4.3 The exercise of all authority to award a Contract is subject to the identification and availability of sufficient funds in appropriate accounts within Council approved estimates or upon a determination being made by the Treasurer that the required funding can reasonably be expected to be made available in the current, or future years. Section 5- Restrictions 5.1 No Contract for Goods, Services or Construction may be divided into two or more parts to avoid the application of the provisions of this by-law. 5.2 No Contract for Services shall be Awarded where the services could result in the establishment of an Employee-Employer Relationship. 5.3 No personal purchases shall be made by the Municipality for members of Council or any appointed member of a local board or commission or for Municipal employees or their families. 5.4 An employee who has the responsibility of declaring Goods surplus shall not bid or personally obtain any Goods that the employee has declared as surplus unless approved by the CAO. 5.5 No employee of the Municipality having responsibility for sending items to a public auction may bid on any of the Municipality's Goods unless approved by the CAO. 5.6 No employee or Council member shall purchase, on behalf of the Municipality, any Goods, Services or Construction, except in accordance with this By-law, 5.7 No councillor, officer or employee or member of an employee's family of the Municipality shall accept, directly or indirectly, from any person, company, firm or corporation to which any purchase order or contract is,or might be awarded, any rebate or gift or money, except: a. gifts of a very small intrinsic value; b. gifts given for the use and benefit of the Municipality; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 227 of 254 c. moderate hospitality during the normal course of business that would not significantly exceed what the Municipality, through the employee's expense account,would likely provide in return and would not be perceived by others as influencing the making of a business decision. 5.8 All councillors, officers and employees of the Municipality shall declare any Conflict of Interest to the CAO such persons shall refrain from participating in the procurement process to which the Conflict of Interest relates. The CAO shall report any personal conflicts to Council. 5.9 All procurement undertaken by the Municipality shall be undertaken in accordance with the Municipality's Code of Conduct, policies and procedures manual and in accordance with the Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50. 5.10 Where an applicable national or international trade agreement is in conflict with this by-law,the trade agreement shall take precedence. 5.11 The Municipality may only enter into a Financing Lease if: a. a by-law authorizing the Financing Lease is passed; b. before the by-law authorizing the Financing Lease is enacted,the Municipality has adopted a statement of the Municipality's lease financing policies and goals; and c. the Financing Lease includes a schedule of all fixed amounts of payment, if any, required under the lease and that may be required under any possible extensions or renewals of the lease. 5.12 The statement required by Section 5.11,shall include, at a minimum, a discussion of the financial and other risks for the Municipality of Financing Leases. 5.13 Before entering into a Financing Lease,the Treasurer shall: a. prepare a report to Council with a recommendation, assessing, in the opinion of the Treasurer, the costs and financial and other risks associated with the proposed Financing Lease,including,a comparison between the fixed and estimated costs and the risks associated with the proposed Financing Lease, and those associated with other methods of financing; i. a statement summarizing the effective rate or rates of financing for the Financing Lease,the ability for lease payment amounts to vary, and the methods or calculations, including possible financing rate changes,that may be used to establish that variance under the Financing Lease; ii. a statement summarizing any contingent payment obligations under the Financing Lease that in the opinion of the Treasurer would result in a material impact for the Municipality, including lease termination provisions, equipment loss, equipment replacement options, and guarantees and indemnities; iii. a summary of the assumptions applicable to any possible variations in the Financing Lease payment and contingent By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 228 of 254 payment obligations; and iv. any other matters the Treasurer or Council considers advisable; b. obtain legal advice and financial advice with respect to the proposed Financing Lease and if the scope of the proposed transaction warrants it, ensure that the legal and financial advice is from a source independent from the advice ordinarily obtained by the Municipality for legal or financial matters; c. provide an opinion about whether the costs of the financing for the proposed Financing Lease are lower than other methods of financing available to the Municipality, and whether the risks associated with the Financing Lease are reasonable. 5.14 The costs and risks associated with a proposed Financing Lease in a report made under Section 5.13 shall be assessed as of the date the report is made. 5.15 If at any time after a report under Section 5.13 is made, but before the Financing Lease is executed, the Treasurer becomes of the opinion that a changed circumstance with respect to the proposed Financing Lease may result in a material impact for the Municipality, the Treasurer shall, as soon as is reasonably possible update the report and present it to Council. 5.16 A report made under Section 5.13 shall summarize the information required by that section for the entire term of the Financing Lease, including any possible extensions or renewals. 5.17 Where applicable each of the procurement procedures set out in Section 8 of this by-law shall be undertaken in compliance with the following steps: a. the scope of the Goods, Services and Construction shall be clearly and extensively defined by the Bid Solicitation documentation; b. the form of Bid Solicitation documentation shall be, to the extent possible, standardized using common forms and processes; c. the Bid Solicitation documentation shall be circulated and advertised in as wide and extensive a manner as will ensure the best, most comprehensive and most competitive response to the Bid Solicitation; d. all Bids shall be fairly and completely evaluated using as open,fair and transparent a process as may be possible in the circumstances of the particular Bid Solicitation. Evaluation criteria shall be established for each class of procurement undertaken by the Municipality; e. the evaluation of each Bid shall be carefully recorded using a standardized form of evaluation record, such as a tally card or other method of point tabulation method. The evaluation record shall be stored and shall not be destroyed until three years following completion of the procurement Contract; f. all Successful Bidders shall,where required by this by-law, be required to comply with the Contract negotiation, preparation and execution requirements of Section 8 of this by-law; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 229 of 254 g. all Contracts shall be monitored to ensure that performance is in accordance with the requirements of the Contract and steps shall be taken to correct the performance of suppliers where it falls below the standard required by the Contract; h. all Bids received by the Municipality shall be kept together in a secure place until the time for opening. All Bids shall remain sealed until the opening, which shall occur in public. Bid Solicitations requiring the submission of proprietary information or information containing intellectual property protected by law shall contain provisions providing for protecting the confidentiality of same, in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act; i. all Bid Solicitation documentation shall clearly set out the requirements for the price element of the submission, specifying whether the Bid price is submitted on a unit price or total price basis and whether it is net of any taxes, early payment discounts, premiums, financing charges, administrative costs, cost of living or other escalations, contingencies or other deductions or additions and how any Contract extras shall be dealt with; j. all Bid Solicitation documentation shall clearly specify how each of the following criteria shall be utilized in evaluating all Bids(criteria is not listed and any order of preference): i. price; ii. quality of Goods, Services and Construction; iii. experience and qualifications of Bidder(s); iv. risk; v. strategy; vi. approach; vii. methodology; viii. scheduling of work; ix. past performance; x. facilities and equipment to be utilized in Contract performance; xi. personnel to be used in Contract performance. Section 6—Total Project Cost 6.1 Where this by-law prescribes financial limits on Contracts that may be Awarded on the authority of Senior Staff, or provides for financial limits on Contracts required to be reported to Council, for the purpose of determining whether a Contract falls within these prescribed limits, the Contract amount shall be the sum of all costs to be paid to the supplier under the contract plus all taxes and less any rebates. Section 7—Prescribed Council Approval 7.1 Despite any other provision of this by-law, the following Contracts are subject to Council approval: a. any Contract requiring approval from the Ontario Municipal Board; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 230 of 254 b. any Contract prescribed by statute to be made by Council; c. where the cost amount proposed for acceptance is higher than the Council approved estimates and the necessary adjustments cannot be made; d. where a Substantive Objection emanating from the Bid solicitation has been filed with Senior Staff; e. where a major irregularity precludes the Award of a Tender to the supplier submitting the Lowest Complaint Bid; f. where authority to approve has not been expressly delegated; g. any contract having a value in excess of ten thousand dollars ($10,000.00); h. where the final costs of the contract exceed the amount originally submitted and approved in the contract by 10%or$10,000.00 whichever is less. Section 8—Procurement Procedures 8.1 The following are hereby authorized as the acceptable procedures for all procurement undertaken by or on behalf of the Municipality. They may be utilized individually or in combination with one another, as may be appropriate in the circumstances: Request for Expression of Interest 8.2 Senior Staff may conduct a Request for Expression of Interest for the purposes of determining the availability of suppliers of any Good, Service or Construction and for the purposes of keeping a list of available suppliers (which shall be deemed to be the "goal" of the Request for Expression of Interest form of procurement). The submission of an Expression of Interest does not create any contractual obligation between the Municipality and the interested supplier. The submission of an Expression of Interest may be made a specific pre- condition of any other procurement procedure utilized by the Municipality. Reauest for Pre-Qualification 8.3 Senior Staff may conduct a Request for Pre-qualification for any Good, Services or Construction to select the number of acceptable Bidders that may Bid on the subsequent competitive sealed Bid process under the following circumstances,which for the purposes of this section, shall also be deemed to be the "goal"of the Request for Pre-qualification form of procurement: a. the work is considered "high risk"with respect to Regulations governed under the Occupational Health and Safety Act; b. the work is such that Contract administration costs(work inspection, follow-up, extra fee negotiations) could result in a substantial cost to the Municipality if the work is not satisfactorily performed the first time; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 231 of 254 c. the Goods or equipment to be purchased must meet national safety standards or has demonstrated an acceptable level of performance; or d. the work involves complex,multi-disciplinary activities; 8.4 When the Request for Pre-qualification is utilized, a Pre-qualification Proposal document shall be provided to the potential Bidders setting out the criteria for pre-qualification which may include: a. experience on similar work(firm and staff assigned); b. references provided from other customers for similar work; c. verification of applicable licences and certificates; d. health and safety policies and staff training; e. financial capability; f. past performance with the Municipality. 8.5 The selection of Bidders following a pre-qualification process does not create any contractual obligation between the Municipality and the pre-qualified bidder. Pre-qualification may be made a specific pre-condition of any other procurement procedure utilized by the Municipality. Low Value Purchase(Less Than$1,000.00) 8.6 A Low Value Purchase may be utilized for purchases involving Contracts which do not exceed one thousand dollars ($1,000.00) (which shall be deemed to be the "goal" of the Low Value Purchase form of procurement). These purchases may be made utilizing a Purchase Order, petty cash, a cheque, or a Municipal credit card. Senior Staff shall appoint individuals within their department who have authority to make Low Value Purchases. These purchases are within the discretion of Senior Staff or the Senior Staffs delegate. Only purchases which can be demonstrated to have been made at Fair Market Value shall be made. Request for Quotation—Informal(Purchases Between$1,000.00-$10,000.00) 8.7 For the procurement of Goods, Services and Construction having a Contract value of one thousand dollars ($1,000.00) or more but not exceeding ten thousand dollars ($10,000.00), an informal Request for Quotation shall be utilized (which shall be deemed to be the "goal" of the Informal Request for Quotation form of procurement). Three Quotations, either by telephone or in writing, shall be obtained. These purchases do not require formal advertising nor the receipt of sealed Bids. The Quotations shall be reviewed, and the results tabulated to determine the Award of the Contract for same upon approval of Senior Staff. Request for Quotation—Formal(Purchases Between $10,000.00-$50,000.00) 8.8 For the procurement of Goods, Services and Construction having a Contract value of ten thousand dollars ($10,000.00) or more but not exceeding fifty thousand dollars($50,000.00), a formal Request for Quotation shall be utilized (which shall be deemed to be the "goal"of the Formal Request for Quotation form of procurement). At least three Quotations shall be obtained, in writing. These purchases do not require formal advertising, nor the receipt of sealed Bids. The Quotations shall be reviewed and the results By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 232 of 254 tabulated, to determine the Award of the Contract for same. In appropriate circumstances, the Request for Proposal or the Request for Tender processes may be utilized for Contracts in this value range, if the criteria for each procurement method is otherwise met. Request for Tender(Purchases Exceeding$50,000) 8.9 For the procurement of Goods, Services and Construction having a Contract value of fifty thousand dollars($50,000.00)or more, a Request for Tender shall be used where all of the following criteria apply which for the purposes of this section, shall also be deemed to be the "goals"of the Request for Tender form of procurement: a. two or more sources are considered capable of supplying the Good, Service or Construction; b. the Good, Service or Construction is adequately defined to permit the evaluation of Tenders against clearly stated criteria, c. the market conditions are such that Tenders can be submitted on a common pricing basis, and d. it is intended that the lowest priced Compliant Tender will be accepted without negotiations; 8.10 Notice of the Tender shall be given by formal advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.11 Sealed Tenders with a public opening shall be required. 8.12 The Award shall be made to the Lowest Compliant Bidder. 8.13 The Tender shall be opened and read out in public. All Bid amounts shall be recorded on a Summary of Bidders sheet. 8.14 Any irregularities in the Tender shall be dealt with in accordance with Schedule"B"of this by-law. 8.15 The Tender documents shall require the Successful Bidder to execute those documents and take those steps set out in Section 8 of this by-law. 8.16 The Award of any Tender having a Contract value in excess of ten thousand dollars($10,000.00)requires Council approval. Request for Proposals(Purchases Exceeding$50,000) 8.17 For the procurement of Goods, Services and Construction having a Contract value of fifty thousand dollars ($50,000.00) or more, a Request for Proposal shall be used where after applying the following criteria, it is determined that the Request for Proposal is a more appropriate form of procurement than Tender which for the purposes of this Section shall also be deemed to be the "goals" of the Request for Proposal form of procurement: By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 233 of 254 a. the procurement is required as a result of a peculiar problem, requirement or objective; b. the selection of the supplier depends more upon the effectiveness of the proposed solution,than the price alone; c. one or more of the criteria for issuing a Tender cannot be met; d. it is expected that negotiation with one or more Bidders may be required with respect to any aspect of the Contract; e. the precise Good, Service or Construction, or the specifications therefore are not known or are not definable and it is expected that Bidders will further define them; 8.18 Notice of the Request for Proposal shall be given by formal advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.19 The Award of any Request for Proposal having a Contract value in excess of ten thousand dollars($10,000.00)requires Council approval. 8.20 Any irregularities in the Request for Proposal shall be dealt with in accordance with Schedule"B"of this by-law. 8.21 Where an Award may be made following an evaluation of the Proposals, without further negotiation, the successful Bidder shall be required to comply with the Contract requirements of Section 8 of this by-law. Request for Price Agreement—Any Price 8.22 A Request for Price Agreement shall be used for the procurement of Goods, Services and Construction of any Contract value when the following criteria apply,which for the purposes of this Section shall also be deemed to be the "goals" of the Request for Price Agreement form of procurement: a. where it is important that the Municipality be guaranteed a continuous supply of Goods,Services or Construction; b. the volume of Goods, Services and Construction over the course of a year is high; c. economies of scale can be achieved by eliminating multiple low-value Bids; d. demand is not known in advance; e. the use of the Goods, Services or Construction required is repetitive in nature; f. delivery of the Goods, Services or Construction is Contracted for as the need arises; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 234 of 254 8.23 Notice of the Request for Price Agreement shall be given by formal advertising or On-line Tendering. Notice shall also be given to all Bidders who were required to be Pre-qualified and to all bidders who were required to submit an Expression of Interest. 8.24 The Award of any Price Agreement having a Contract value in excess of one hundred thousand dollars($100,000.00)requires Council approval. 8.25 Any irregularities in a Price Agreement submission shall be dealt with in accordance with Schedule"B"of this by-law. 8.26 The Award shall be made to the Lowest Compliant Bidder. 8.27 The Tender shall be opened and read out in public at a time and date established by the CAO. All Bid amounts shall be recorded on a Summary of Bidders sheet. 8.28 The Tender documents shall require the Lowest Compliant Bidder to execute those documents and take those steps set out in Section 8 of this by- law. 8.29 No Contractual obligation shall arise between a supplier and the Municipality who have executed a Price Agreement until the Goods, services or Construction are actually ordered. 8.30 Negotiation may be used for the procurement of Goods, Services or Construction for Contracts of any Contract value when any of the following criteria apply, which for the purposes of this Section shall also be deemed to be the "goals" of the Negotiation form of procurement: a. due to abnormal market conditions, the Goods, Services or Construction required are in short supply; b. where competition is precluded due to the existence of any patent rights,copyright,technical secret or control of raw material; c. where there is only one source of the Goods, Services or Construction which would be acceptable and cost effective; d. where two or more identical Bids are received; e. where all Bids received are not acceptable or exceed the amount budgeted for the procurement; f. where the extension or reinstatement of an existing Contract would be more cost effective or beneficial to the Municipality; g. where Extraordinary or Emergency Circumstances exist; h. where for security or confidentiality reasons it is in the public interest; or where authorized by Council so to do; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 235 of 254 8.31 The Award of any negotiated Contract having a Contract Value in excess of ten thousand dollars($10,000.00)requires Council approval. 8.32 The Award of any negotiated Contract shall comply with Section 8 of this by- law. Extraordinary or Emergency Circumstances Purchases 8.33 When Senior Staff is of the opinion that an Extraordinary Circumstance exists, Senior Staff, in consultation with the CAO or the Mayor may authorize the purchase of such Goods, Services and Construction as is considered necessary to remedy the situation without regard to the requirement for a Bid solicitation and may award the necessary Contract provided that the Contract does not exceed $10,000 (which for the purposes of this Section, shall also be deemed to be the "goal" of the Extraordinary Circumstance Purchase). 8.34 The relevant details surrounding an Extraordinary or Emergency Circumstance Award shall be reported to Council at the next possible meeting following the Award. Sole Source Purchase 8.35 A Sole Source Purchase may be used for the procurement of Goods, Services or Construction for Contracts of any Contract value, in the following circumstances, which for the purposes of this section shall also be deemed to be the"goals"of the Sole Source Purchase form of procurement: a. where the compatibility of a purchase with existing equipment, facilities or service is a paramount consideration and the purchase must be made from a sole source; b. where a Good is purchased for testing or trial use; c. where the Municipality purchases supplies for resale; d. where the Municipality has a rental contract with a purchase option and such purchase option could be beneficial to the Municipality; e. notwithstanding anything in this policy, where a purchase is determined by Council to be fair and reasonable and is made from a non-profit corporation supported by the Municipality, the Municipality may make such a purchase as a Sole Source Purchase; f. where Goods are offered for sale by tender, auction or negotiation such purchase will be deemed to be a Sole Source Purchase and the CAO may authorize the submission of a Bid or the conduct of negotiations where the CAO determines the purchase to be clearly in the best interest of the Municipality; g. for matters involving security, police matters, or confidential issues, a purchase may be made in a manner that protects the confidentiality of the contractor or the Municipality. Such purchases may be made as a Sole Source Purchase; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 236 of 254 h. in any situation where the Council of the Corporation of the Municipality of Bayham deems it appropriate. 8.36 The Award of any Sole Source Purchase Contract having a Contract Value in excess of ten thousand dollars($10,000.00)requires Council approval. 8.37 The Award of any Sole Source Purchase Contract shall comply with Section 8 of this by-law. Two Phase Bid 8.38 A Request for Proposal may require the submission of the Proposal in two phases. Phase 1 would assess the Proposal and Phase 2 would assess the price. 8.39 The Two Phase bid may require one submission containing two sealed envelopes, the first containing the Proposal and the second the Price. In the case of a two envelope submission, the first envelope shall be opened first and assessed. Only the second envelopes of those Bids meeting the specifications of the Request for Proposal shall be opened. The unsuccessful Bidders price envelopes shall be returned unopened. The Price envelopes of successful Phase 1 Bids shall be treated as Tenders. The Proposal envelopes shall be treated as Proposals. 8.40 The Two Phase Bid may require two separate submissions. The first submission shall contain the Proposal, without price. It shall be evaluated and only those Bidders meeting the Request for Proposal specifications would be asked to submit a Phase 2 price Bid envelope. The Phase 1 envelopes shall be treated as Proposals and the Phase 2 envelopes shall be treated as Tenders. 8.41 The goal of the Two Phase Bid form of procurement shall be to deal with procurement situations that require the combined advantages of the Proposal and the Tender forms of procurement. 8.42 In House Bids may be used for the procurement of Goods, Services and Construction of any Contract value only in the following circumstances, which for the purposes of this Section shall be deemed to be the "goals" of the In House Bid form of procurement: a. where a Good, Service or Construction has historically been provided by an external supplier and Council determines that it is in the best interests of the Municipality to allow its staff to compete for the provision of the Good,Service or Construction; b. where a Good, Service or Construction has historically been provided by staff of the Municipality and Council determines that it is in the best interests of the Municipality to allow its staff to compete for the provision of the Good, Service or Construction; c. in any other circumstances that Council determines may be appropriate; and d. where proper cost accounting, allocation and other infrastructure are in place to permit an accurate and thorough examination of all of the direct and indirect costs associated with the provision of the particular Good, Service or By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 237 of 254 Construction; 8.43 In House Bids shall only be utilized where external suppliers have also been requested to submit Bids; 8.44 In House Bids must be authorized by Council, in advance; 8.45 only one In House Bid will be permitted for each Bid Solicitation; 8.46 If any Bid Solicitation permits In House Bids, all Bidders shall be made aware of this fact in the Bid Solicitation documentation; 8.47 where an In House Bid will require the services of a unionized employee of the Municipality and the provisions of the Good, Service or Construction will require a change to a collective agreement, then the concurrence of the Union which has collective bargaining rights with respect to that agreement shall be required before the In House Bid will be accepted; 8.48 In determining whether an In House Bid is in the best interests of the Municipality, the following criteria shall be taken into account by Council: a. whether the Bid will result in a significant increase or decrease in capital equipment and infrastructure expenditures by the Municipality; b. the extent to which the In House Bid will affect the future ability of the Municipality to deliver essential health, emergency or other vital services to the public,in a cost effective and efficient manner; c. the extent to which the In House Bid will affect staffing and personnel complement of the Municipality; d. the extent to which the In House Bid will affect the financial position of the Municipality;and e. the extent to which the In House Bid will affect service levels provided to the public; 8.49 if an In House Bid is selected as the Successful Bid, then compliance with Section 8 of this by-law shall not be required, but instead, a memorandum of understanding shall be drafted. In all other respect, the Bid documentation required shall be the same for all Bids. Section 9—Bid&Contract Administration Submission of Bids 9.1 Bids shall be accepted by the CAO or designate in paper form or where provided, as an On-line Tender. 9.2 If two equal Bids are received, a means of breaking the tie consistent with the provisions of the solicitation shall be employed. 9.3 Factors to be considered in breaking the tie include: a. whether a prompt payment discount has been offered; By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 238 of 254 b. when delivery is an important factor, the Bidder offering the best delivery date shall be given preference; c. a Bidder in a position to provide better after sales service, with a good record in this regard, shall be given preference; d. a Bidder with an overall satisfactory performance record shall be given preference over a Bidder known to have an unsatisfactory performance record. 9.4 Following the closing of a Bid Solicitation, there shall be no informal contact between any Bidder and any elected official or staff member of the Municipality relating to the Tender. Any contact shall only occur in a formal manner, to the extent permitted by the Bid Solicitation documentation. 9.5 Prior to the closing of a Bid Solicitation, the only contact that a Bidder may have with the Municipality or any of its staff or elected officials shall be made in writing, and only if made for the purposes of requesting clarification about the Bid Solicitation documentation. The Municipality may only respond to such clarification requests in writing, either in the form of a letter response or in the form of an addenda, but in either case, a copy of both the clarification request and the response or the addenda shall be provided to all Bidders at the same time. 9.6 In spite of Section 9.5, a bidders meeting may be held where applicable at the discretion of Senior Staff to allow bidders to seek clarification on the requirements of the tender/proposal. 9.7 A Bidders meeting is to be held for all tenders and bidder attendance may be a mandatory requirement at Senior Staff's discretion. 9.8 Prior to the opening of a proposal or tender a bidder can request the return of such proposal or tender. The bidder may submit another proposal or tender provided such submission is within the time limits set out in the bid document. Guarantees of Contract Execution&Performance 9.9 Senior Staff may require that a Bid be accompanied by a Bid Bond or other similar security to guarantee entry into a Contract. 9.10 In addition to the security referred to in Section 9.9, the Successful Bidder may be required to provide, a. a Performance Bond to guarantee the faithful performance of a Contract,and b. a Payment Bond to guarantee the payment for labour and materials to be supplied in connection with a Contract. 9.11 Senior Staff shall select the appropriate means to guarantee execution and performance of the Contract. Means may include one or more of, but are not limited to, financial bonds or other forms of security deposits, provisions for liquidated damages, progress payments, and Holdbacks. 9.12 Prior to the commencement of work and where deemed appropriate, evidence of Liability Insurance Coverage satisfactory to Senior Staff must be obtained, ensuring indemnification of the Municipality from any and all claims, demands, losses, costs or damages resulting from the performance of a Bidder's By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 239 of 254 obligations under the Contract and from any other risk determined by Senior Staff as requiring coverage. 9.13 Prior to payment to a supplier, a Certificate of Clearance from the Workplace Safety and Insurance Board shall be obtained ensuring all premiums or levies have been paid to the Board to date or that independent Operator Status has been secured. 9.14 Senior Staff shall ensure that the guarantee means selected will: a. not be excessive but sufficient to cover financial risks to the Municipality; b. provide flexibility in applying leverage on a supplier so that the penalty is proportional to the deficiencies;and c. comply with provincial statutes and regulations. 9.15 Financial bonds for Contract performance shall only be required where the Municipality will be exposed to costs if the supplier does not complete the requirements of the Contract. 9.16 If the risk to the Municipality is not adequately limited by the progress payment provisions of the Contract, a minimum payment Holdback of 10% shall be mandatory on all Contracts exceeding $10,000. 9.17 Senior Staff may release the Holdback funds on construction contracts upon: a. the contractor submitting a statutory declaration that all accounts have been paid and that all documents have been received for all damage claims; b. receipt of clearance from the Workplace Safety and Insurance Board for any arrears of Workplace Safety and Insurance Board assessment; c. all the requirements of the Construction Liens Act being satisfied; d. receipt of certification from the Municipality's Solicitor, where applicable, that liens have not been registered; and e. certification from the consulting engineer architect, under whom the work has been performed, that the conditions of the Contract have been satisfied. 9.18 The conditions for release of Holdback funds provided in Section 9.17 apply to other Goods or Services Contracts with necessary modifications. 9.19 The conditions for release of Holdback funds provided in Section 9.17 apply to either Goods or Services Contracts,with necessary modifications. Bid Irregularities 9.20 The process for administering irregularities contained in Bids pertaining to all Contracts shall be as set out in Schedule "B" By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 240 of 254 9.21 For an irregularity listed in the first column of Schedule"B",the response applicable to it is set out opposite to it in the second column of Schedule"B" Form of Contract 9.22 The Award of a Contract may be made by way of an agreement, or by letter of approval. 9.23 An approval letter is to be used when the resulting Contract is straightforward and will contain the Municipality's standard terms and conditions. 9.24 A formal agreement is to be used when the resulting Contract is complex and will contain terms and conditions other than the Municipality's standard terms and conditions. 9.25 It shall be the responsibility of Senior Staff to determine if it is in the best interest of the Municipality to establish a formal agreement with the supplier. 9.26 Where it is determined that Section 9.24 is to apply, the formal agreement shall be reviewed and approved for execution by the CAO or the Municipality's Solicitor. 9.27 Where a formal agreement is not required, Senior Staff shall issue a Purchase Order incorporating the terms and conditions relevant to the Award of Contract. Co-operative Purchasing 9.28 The Municipality may participate with other government agencies or public authorities in Co-operative Purchasing where it is in the best interests of the Municipality to do so. 9.29 The policies of the government agencies or public authorities calling the co- operative Tender are to be the accepted policy for that particular Tender. Supplier Performance 9.30 Senior Staff shall monitor the applicable performance of all procurement Contracts and shall document evidence related to same and shall advise the CAO where the performance of a supplier has been unsatisfactory in terms of failure to meet Contract specifications, terms and conditions or for Health and Safety, environmental or other violations. 9.31 Senior Staff may, in consultation with the CAO or the Municipality's Solicitor, prohibit an unsatisfactory supplier from bidding on future contracts. 9.32 Where it is found that a supplier has performed poorly or below Contract requirements, Senior Staff shall make recommendations to Council about ways to deal with such performance. Receipt of Goods 9.33 Senior Staff shall, a. arrange for the prompt inspection of Goods on receipt to confirm conformance with the terms of the Contract; and b. inform the CAO of significant discrepancies immediately. By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 241 of 254 8.34 The CAO shall coordinate an appropriate course of action with Senior Staff for any non-performance or discrepancies. Reporting to Council 9.34 The Treasurer shall submit to Council an information report semi-annually containing the details relevant to the exercise of delegated authority for all Contracts awarded by Senior Staff exceeding ten thousand dollars ($10,000.00) including amendments and renewals. 9.35 Where a professional services supplier is awarded Contract(s) of a cumulative total value of $10,000 or more in a calendar year, all Contracts relative to the supplier shall be included in an annual information report to Council submitted by the Treasurer 9.36 Senior Staff shall certify in the report that the awards are in compliance with the Purchasing By-law. Access to Information 9.37 The disclosure of information received relevant to the issue of Bid solicitations or the Award of Contracts emanating from Bid Solicitations shall be made by the appropriate officers in accordance with the provisions of the Municipal Freedom of Information and Protection of Privacy Act, as amended. Surplus Stock 9.38 Senior Staff shall submit to the CAO reports of furniture, vehicles, equipment, stocks of all supplies, and other Goods and material, which are no longer, used or which have become obsolete, worn out, or incapable of being used. 9.39 The CAO shall have the authority to transfer furniture, vehicles, equipment, surplus stock, and other Goods and material from one department to other departments. 9.40 Senior Staff with the approval of the CAO shall have the authority to sell or dispose of all furniture, vehicles, equipment, surplus stock, supplies, or other Goods and material which have become unsuitable for use by the Municipality or to exchange or trade the same for new furniture, vehicle, equipment, surplus stock, supplies, or other goods and material. 9.41 Sale of surplus furniture, vehicles, equipment, stock, supplies and other Goods and material shall be made to the highest responsive Bidder and the sale shall be made in accordance with the provisions of this by-law where applicable. 9.42 Senior Staff with the approval of Council shall have the authority to donate to a charitable non-profit or religious organization, all furniture, vehicles, equipment, surplus stock, supplies, or other Goods and material which have become unsuitable for use by the Municipality. Section 10—By-law Review 10.1 The Procurement By-law shall be reviewed prior to the end of each Council term and any amendment thereto shall be made prior to the inaugural meeting By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 242 of 254 of the next Council. 10.2 The review shall determine how effective the Procurement By-law has been in achieving the objectives set out in Section 1 of the by-law as well as the requirements of the Municipal Act, 2001, as amended. 10.3 The review shall be undertaken by the CAO, and Treasurer, and the following consultations: a. The Association of Municipalities of Ontario; b. The Minister of Municipal Affairs; c. The Federation of Canadian Municipalities; d. The National Institute of Governmental Purchasing. READ A FIRST, SECOND and THIRD TIME and finally passed this 19th day of March, 2015 MAYOR CLERK By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 243 of 254 SCHEDULE"A" The acquisition methods described in this by-law may not apply to the following items: r. Training and Education i. Conferences,conventions, courses and seminars; ii. Magazines,books,periodicals; iii. Memberships. z Refundable Employees Expenses i. Advances; ii. Meal Allowances; iii. Travel and Entertainment; iv. Miscellaneous-Non-Travel. 3. Employers General Expenses i. Payroll Deductions Remittances; ii. Medical; iii. Licenses(Vehicle,etc.); iv. Debenture Payments including principal interest and foreign exchange; v. Insurance Premiums; vi. Grants to Agencies; vii. Damage Claims; viii. Petty Cash Replenishment; ix. Payments to Real Property; x. Tax Remittances; xi. Regional charges to and from other government bodies; xii. Payments for employment; xiii. Legal; xiv. Planning; xv. Engineering; xvi. Specialty Consulting. 4. Professional and Special Services i. Committee Fees; ii. Medical, Laboratory,and Pharmacy Services; iii. Legal fees for expert or professional legal services for all Regional and Insurance Matters; iv. Payments to Social Service and Health Agencies that are subject to purchase of Service Agreements; v. Medical and Dental fees; vi. Appraisal Fees; vii. Witness fees; viii. Honorariums. 5. Utilities(monthly charges and utility relocations) Postage; ii. Water and Sewer; iii. Hydro; iv. Gas. By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 244 of 254 Schedule'B' IRREGULARITY RESPONSE 1. Late Bids. Automatic rejection and not opened or read publicly. 2. Unsealed Envelopes. Automatic rejection. 3. Insufficient Financial Security(No Bid Automatic rejection. Security or agreement to bond or insufficient Bid bond or agreement to bond). 4. Bids not Completed in non-erasable Automatic rejection. medium and signed in ink. 5. Incomplete Bids (Part bids -all items Automatic rejection unless, in the not bid). opinion of Senior Staff in consultation with CAO, the incomplete nature is trivial or insignificant. 6. Qualified Bids(Bids qualified or Automatic rejection unless, in the restricted by an attached statement). opinion of Senior Staff in consultation with CAO,the qualification or restriction is trivial or not significant. 7. Bids received on documents other Automatic rejection unless, in the than those provided by the opinion of Senior Staff in consultation Municipality. with CAO, the matter is trivial or insignificant. 8. Bids Containing Minor Obvious 48 hours to correct and initial errors. Clerical Errors. 9. Failure to execute Agreement to Bond Automatic rejection. (Performance Security)or Bonding company corporate seal or signature missing from agreement to bond. 10. Failure to execute Bid Security Automatic rejection. (Financial Security). (a) Corporate seal or signature or both of 48 hours to correct. the Bidder, missing. (b) Corporate seal or signature of Automatic rejection. bonding company missing. 11. Bids Delivered to the wrong location. Automatic rejection 12. Other Bid Security- Uncertified Automatic rejection. Cheques. 13.Documents -Execution (a) Corporate seal or signature missing. 48 hours to rectify situation. (b) Corporate seal and signature Automatic rejection. I missing. By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 245 of 254 14.Erasures, Overwriting or Strike-Outs which are not Initialed: (a) uninitiated changes to the Tender 48 hours to initial. documents which are minor(example: the tenderer's address is amended by over-writing but not initialed); (b) unit prices in the Schedule of Prices 48 hours to initial. have been changed but not initialed and the Contract totals are consistent with the price as amended; (c) unit prices in the Schedule of Prices Automatic rejection. which have been changed but not initialed and the Contract totals are not consistent with the price as amended; (d) other mathematical errors,which are 48 hours to initial corrections as not consistent with the unit prices. made by the Purchasing Services Division. (e) Documents, in which all necessary Automatic rejection. Addenda,which have financial implication, have not been acknowledged. (f) Other Minor Irregularities. The CAO and Senior Staff shall have authority to waive irregularities, which they jointly consider to be minor. (g) Any Irregularity. Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality. By-Law 2015-030 Being a By-Law to define the Procurement Pol... Page 246 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2015-031 A BY-LAW TO AUTHORIZE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO ENTER INTO AN AGREEMENT WITH SERVICE LINE WARRANTIES OF CANADA(SLWC) RELATED TO THE MARKETING OF THE SEWER AND WATER LINE WARRANTY SERVICE TO MUNICPAL SERVICED RESIDENTS WHEREAS homeowners are responsible for the repair and replacement of their sewer and water service lateral lines; WHEREAS these lines can require maintenance or fail over time due to normal wear and tear; WHEREAS Local Authority Services(LAS),an affiliate of the Association of Municipalities of Ontario (AMO)has endorsed Service Line Warranties of Canada as a preferred service provider or sewer and water line warranty services; AND WHEREAS the Municipality of Bayham wishes to make such a service available to the residents of the municipality; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Municipality of Bayham endorses the Sewer and Water Line Warranty service offered by Service Line Warranties of Canada(SLWC)and endorsed by LAS 2. THAT the Mayor and Clerk be and are hereby authorized to enter into an agreement with Service Line Warranties of Canada(SLWC)related to the marketing of the Sewer and Water Line Warranty Service to municipal residents 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 19th DAY OF MARCH 2015. MAYOR CLERK By-Law 2015-031 Being a By-law to authorize the Municipality... Page 247 of 254 MARKETING LICENSE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM&SERVICE LINE WARRANTIES OF CANADA INC. This MARKETING LICENSE AGREEMENT("Agreement")entered into this day of ,2015("Effective Date"),by and between The Corporation of the Municipality of Bayham, a municipal corporation in the Province of Ontario("Municipality"), and Service Line Warranties of Canada,Inc.("SLWC"),a corporation organized under the laws of British Columbia,herein collectively referred to singularly as "Party and collectively as the "Parties" RECITALS WHEREAS,SLWC has entered into a Master Contract with Local Authority Services, a not-for-profit corporation under the laws of Canada and an affiliate of the Association of Municipalities of Ontario, to provide services to participating Ontario municipalities;and WHEREAS,pursuant to Municipal policy,sewer and water line laterals between the mainlines and the connection on residential private property are to be maintained by the individual residential property owner("Residential Property Owner");and WHEREAS,Municipality desires to offer Residential Property Owners the opportunity, but not the obligation,to purchase service lateral warranties and other warranty products or services("Warranty Products");and WHEREAS, SLWC has agreed to provide the Warranty Products to Residential Property Owners subject to the terms and conditions contained herein; NOW,THEREFORE,in consideration of the foregoing recitals,and for other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,and with the intent to be legally bound hereby,the Parties agree as follows: AGREEMENT Municipality hereby grants to SLWC the right to offer the Warranty Products to Residential Property Owners within the Municipality's boundaries subject to the terms and conditions herein. 2. Municipality hereby grants to SLWC a non-exclusive license("License")to use the Municipality's name and logo on letterhead,advertising,billing and marketing materials to be sent to Residential Property Owners from time to time,all at SLWC's sole cost and expense and subject to Municipality's prior review and approval,which will not be unreasonably conditioned,delayed,or withheld. 1 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 248 of 254 3. a)The term of this Agreement("Term")shall be three(3)years from the Effective Date.The Agreement will automatically renew for additional one(1)year terms ("Renewal Term")unless one of the Parties gives the other written notice at least ninety(90) days prior to end of the Term or a Renewal Term that the Party does not intend to renew this Agreement. b)The Municipality may terminate this Agreement thirty(30)days after giving written notice to SLWC that SLWC is in material breach of this Agreement if said breach is not cured during said thirty(30)day period. During the Term, SLWC shall conduct marketing campaigns at the times and prices indicated on Exhibit"A"attached hereto. 4. As consideration for such License, SLWC will pay to Municipality five percent(5%)of revenue for Warranty Products collected from Residential Property Owners("License Fee")during the year.The first payment shall be due by January 30th of the year after the first year Term. Succeeding License Fee payments shall be made on an annual basis throughout the Term and any Renewal Term,due and payable on January 30th of the succeeding year. SLWC shall include with the License Fee payment to Municipality a statement signed by an SLWC corporate officer certifying the amount of revenue from Warranty Products.Municipality will have the right,at its sole expense,to conduct an annual audit,upon reasonable notice and during normal business hours,of SLWC's books and records pertaining to revenue generated by this Agreement while this Agreement is in effect and for one(1)year after any termination of this Agreement. 5. SLWC hereby agrees to protect,indemnify,and hold the Municipality,its elected officials,officers,employees and agents(collectively or individually, "Indemnitee"), harmless from and against any and all claims,damages,losses,expenses,suits,actions, decrees,judgments,awards,attorneys'fees and court costs(individually or collectively, "Claim"),which an Indemnitee may suffer or which may be sought against or are recovered or obtainable from an Indemnitee,as a result of,or by reason of,or arising out of or in consequence of any act or omission,negligent or otherwise,of the SLWC or its officers,employees,contractors, subcontractors, agents or anyone who is directly or indirectly employed by,or is acting in concert with, SLWC or its officers,its employees, contractors,subcontractors,or agents in the performance of this Agreement;provided that the applicable Indemnitee notifies SLWC of any such Claim within a time that does not prejudice the ability of SLWC to defend against such Claim. Any Indemnitee hereunder may participate in its,his,or her own defense,but will be responsible for all costs incurred in connection with such participation in such defense. 6. Any notice required to be given hereunder shall be deemed to have been given when notice is(i)received by the Party to whom it is directed by mail or delivery service(ii) telephonically faxed to the telephone number below provided that confirmation of transmission is received thereof,or(iii)by e-mail to the applicable address noted below. The notice shall be sent as follows: 2 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 249 of 254 To Municipality: ATTN:Ed Roloson, The Corporation of the Municipality of Bayham 9344 Plank Road P.O.Box 160 Straffordville,ON NOJ IY0 To SLWC: ATTN:Vice President,Business Development Service Line Warranties of Canada,Inc. 11 Grandview Circle, Suite 100 Canonsburg,PA 15317 Phone: (720)470-8037 E-mail:bcarmichael(a,utilitvsp.net 7 No Third Party Beneficiary.Nothing expressed or implied in this Agreement is intended, or should be construed,to confer upon or give any person or entity not a party to this Agreement any third-party beneficiary rights,interests,or remedies under or by reason of any term,provision,condition,undertaking,warranty,representation,or agreement contained in this Agreement. 8. Modifications or Amendments/Entire Agreement.All of the representations and obligations of the Parties are contained herein,and no modification,waiver or amendment of this Agreement or of any of its conditions or provisions shall be binding upon a party unless in writing signed by that Party or a duly authorized agent of that Party empowered by a written authority signed by that party.The waiver by any Party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that provision by the same party,or of any other provision or condition of the Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid,void or unenforceable for whatever reason,the remaining provisions not so declared shall,nevertheless,continue in full force and effect, without being impaired in any manner whatsoever. 9. Authority.Each Party,or responsible representative thereof,has read this Agreement and understands the contents thereof.The person(s)executing this Agreement on behalf of each Party is empowered to do so and thereby bind the respective Party. 10. This Agreement and the License granted herein may not be assigned by SLWC without the previous written consent of the Municipality,such consent not to be unreasonably withheld. 11. This Agreement may be executed in counterparts,all such counterparts will constitute the same contract and the signature of any Party to any counterpart will be deemed a signature to,and may be appended to,any other counterpart.Executed copies hereof may be delivered by facsimile or e-mail and upon receipt will be deemed originals and binding upon the Parties hereto,regardless of whether originals are delivered thereafter. 3 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 250 of 254 12. Any Iitigation related to this Agreement shall be brought and prosecuted exclusively in courts of the Province of Ontario. The governing law shall be the laws of Ontario and the laws of Canada applicable therein. 13. The above Recitals are incorporated by this reference and expressly made part of this Agreement. IN WITNESS WHEREOF,The Parties hereto have executed this Agreement on the day and year first written above. The Corporation of the Municipality of Bayham By: Mayor By: Clerk Service Line Warranties of Canada,Inc. By: By: 6406111 4 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 251 of 254 NLC Service Line Warranty Program Municipality of Bayham,ON Term Sheet February 10,2015 (Term Sheet valid for 90 days) I. Term of agreement a. Initial term i.Three years guaranteed(total of 6 campaigns) II. Annual royalty—5%of revenue for Warranty Products collected from Residential Property Owners a. Municipality logo on letterhead,advertising,billing,and marketing materials b. Signature by Municipality official III. Products offered a. External sewer line warranty b.External water line warranty c. In-home plumbing warranty IV. Scope of Coverage a. External sewer line warranty i. Scope is from the main tap until line daylights inside home...of which includes the service line under the concrete floor. [Note:If homeowner responsibility is different than this language,please advise.] b.External water line warranty i. Scope is from the meter and/or curb box until it daylights inside home...of which includes the service line under the concrete floor. [Note:If homeowner responsibility is different than this language,please advise.] c.In-home plumbing warranty i. Scope covers residential in-home water supply lines and in-home sewer lines and all drain lines connected to the main sewer stack that are broken or leaking inside the home after the point of entry.Coverage includes broken or leaking water,sewer,or drain lines that may be embedded under the slab or basement floor. Coverage also includes repair of clogged toilets. V. Marketing Campaigns—two seasonal campaigns per year(Spring and Fall) a. 2015 Spring-Sewer b.2015 Fall-Water c. 2016 Spring-In-home plumbing d.2016 Fall- Sewer e. 2017 Spring-Water f. 2017 Fall-In-home plumbing VI. Campaign Pricing a. Sewer i.Year 1 -$5.75 per month; $64.00 annually ii.Year 2-$5.75 per month; $64.00 annually(subject to annual review) iii.Year 3 -$5.75 per month;$64.00 annually(subject to annual review) 5 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 252 of 254 b.Water i. Year 1 -$5.00 per month;$55.00 annually ii. Year 2-$5.00 per month; $55.00 annually(subject to annual review) iii.Year 3 -$5.00 per month;$55.00 annually(subject to annual review) c.In-home plumbing i. Year 1 -$6.50 per month;$73.00 ii. Year 2-$6.50 per month; $73.00 annually(subject to annual review) iii. Year 3 -$6.50 per month; $73.00 annually(subject to annual review) 6 By-Law 2015-031 Being a By-law to authorize the Municipality... Page 253 of 254 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2015—033 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MARCH 19, 2015 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 March 19, 2015 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 19th day of March, 2015. MAYOR CLERK By-Law 2015-033 Being a By-Law to confirm all actions of Cou... Page 254 of 254