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Home My WebLink AboutOctober 21, 2021 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, October 21, 2021 7:00 p.m. 6:45 p.m. Committee of Adjustment A. S. & M. Nezezon The October 21, 2021 Council Meeting will be held virtually via Zoom and livestreamed on YouTube. The Public may watch the Council meeting utilizing the Municipality of Bayham YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Capital Budget Meeting held October 5, 2021 B. Special Council Meeting held October 7, 2021 C. Council Meeting held October 7, 2021 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 2021 Council Agenda October 21, 2021 2 A. Report PS-11/21 by Steve Adams, Manager of Public Works re RFT 21-02 2022 – 2024 Lawn Maintenance Tender Results 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Minor Variance A-22/21 Steve and Michelle Nezezon, 56346 Tunnel Line, Vienna B. Notice of a Complete Application re Proposed Draft Plan of Subdivision 1985763 Ontario Inc., 8341 Sandytown Road, Straffordville C. Notice of Passing of Zoning By-law No. Z734-2021 Jerry & and Julie Peters, 8875 Culloden Road, Eden D. Notice of Committee of Adjustment Decision Minor Variance A-20/21 Margaret Klassen, 11350 Culloden Road, Corinth E. Notice of Committee of Adjustment Decision Minor Variance A-21/21 Aron and Katharina Wall, 9628 Plank Road, Straffordville 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-60/21 by Thomas Thayer, CAO|Clerk re 3rd Quarter Report 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipality of Shuniah re Support Resolution Support Affordable Internet B. Township of Enniskillen re Cannabis Act and Cannabis Resolution C. Long Point Region Conservation Authority minutes of Board of Directors meeting held September 1, 2021 D. Elgin Group Police Services Board draft minutes of meeting held August 18, 2021 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-14/21 by Lorne James, Treasurer re 2021 Q3 Variance Report B. Report CAO-39/21 by Thomas Thayer, CAO|Clerk re COVID-19 Vaccination Verification Policy 2021 Council Agenda October 21, 2021 3 12. BY-LAWS A. By-law No. 2021-057 Being a by-law to authorize the execution of an amendment to an agreement between The Corporation of the Municipality of Bayham and Autoform Contracting London Ltd. (This by-law follows the recommendation in Report PS-09/21 by Ed Roloson, Manager of Capital Projects|Water/Wastewater during the Council meeting of October 7, 2021) B. By-law No. 2021-058 Being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Guild Electric Limited (This by-law follows the recommendation in Report PS-08/21 by Steve Adams, Manager of Public Works during the Council meeting of October 7, 2021) C. By-law No. 2021-059 Being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Underhill Trucking (This by- law follows the recommendation in Report PS-10/21 by Steve Adams, Manager of Public Works during the Council meeting of October 7, 2021) D. By-law No. 2021-060 Being a by-law to authorize the execution of a development agreement between Steven and Michelle Nezezon and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-61/21 by Margaret Underhill, Secretary/Treasurer Committee of Adjustment during the Committee of Adjustment meeting of October 21, 2021) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Item re advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Gas Tax Properties) B. Confidential Report re a proposed or pending acquisition or disposition of land by the municipality or local board (Facilities) C. Confidential Report re labour relations or employee negotiations (Human Resources) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-061 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Tuesday October 5, 2021 6:30 p.m. The October 5, 2021 Special Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:33 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. 2022 – 2031 CAPITAL BUDGET - DRAFT A. Report TR-12/21 by Lorne James, Treasurer re 2022-2031 Capital Budget – Draft Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the following capital projects be added as placeholders: - Vienna Memorial Park Splash Pad in 2026 with a cost of $100,000 - Vienna boat launch in 2027 with a cost of $25,000 Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 2021 Council Minutes October 5, 2021 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT staff investigate costing for additional garbage receptacles at the Vienna Skate Park. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT staff report back on upgraded hydro service and associated costs at the Vienna Memorial Park. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Capital Item PR-03 be moved to the 2023 Capital budget. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Capital Item PR-10 be amended to include a basketball court and nets with a revised cost of $65,000; 2021 Council Minutes October 5, 2021 AND THAT parkland reserve funds be considered as a method of funding. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Capital Item PR-13 be amended to identify full funding from the Tax Levy in the amount of $180,000. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report TR-12/21 re 2022-2031 Capital Budget - Draft be received for information; AND THAT Council approve in principle the 2022-2031 Capital Budget. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 4. BY-LAW A. By-law No. 2021-052 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler 2021 Council Minutes October 5, 2021 THAT Confirming By-law No. 2021-052 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 5. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 8:50 p.m. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, October 7, 2021 6:00 p.m. The October 7, 2021 Special Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK BRENDA GIBBONS TREASURER LORNE JAMES MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS FIRE CHIEF|BY-LAW ENFORCEMENT OFFICER HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:01 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. OTHER BUSINESS 3.1 In Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise to enter into an “In Camera” Session at 6:02 p.m. to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose (COVID-19 Policy) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x 2 Special Meeting Minutes October 7, 2021 Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED A. Confidential Item re advice that is subject to solicitor-client privilege, including communications necessary for that purpose (COVID-19 Policy) 3.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT the Council do now rise from the “In Camera” session at 6:42 pm and report on Closed Session Item A. advice that is subject to solicitor-client privilege, including communications necessary for that purpose (COVID-19 Policy) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott X Deputy Mayor Rainey Weisler X Mayor Ed Ketchabaw x CARRIED Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the written information from Nicholas Loeb, Senior Counsel, be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-056 Being a by-law to confirm all actions of Council 3 Special Meeting Minutes October 7, 2021 Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-law No. 2021-056 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 5. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 6:44 p.m. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED MAYOR CLERK 4 Special Meeting Minutes October 7, 2021 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, October 7, 2021 7:00 p.m. 6:45 p.m. Committee of Adjustment A. Margaret Klassen B. Aron and Katherina Wall The October 7, 2021 Council Meeting was held virtually via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS STEVE ADAMS FIRE CHIEF|BY-LAW ENFORCEMENT OFFICER HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:08 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. Julie Gonyou and Warden Marks re Warden’s County Update Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the presentation by Julie Gonyou and Warden Marks re Warden’s County Update be received for information; 2021 Council Minutes October 7, 2021 2 Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held September 16, 2021 B. Statutory Planning Meeting held September 16, 2021 re Jerry and Julie Peters Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the minutes of the Council Meeting held September 16, 2021 and the Statutory Planning Meeting held September 16, 2021 be adopted. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 2021 Council Minutes October 7, 2021 3 9.2 Reports to Council A. Report PS-07/21 by Steve Adams, Manager of Public Works re Agreement Renewals Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-07/21 re Agreement Renewals be received for information; AND THAT Council authorizes the extension of Agreements 0645, 0649, 0733, and 0740 as noted in Report PS 07/21. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report PS-08/21 by Steve Adams, Manager of Public Works re RFT 21-01 Line Painting Tender Results Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT Report PS-08/21 re RFT 21-01 Line Painting be received for information; AND THAT staff be directed to bring forward a by-law for Council consideration for a Three (3) Year Contract with Guild Electric Limited in the amount of $7.63/liter for yellow paint and $7.09/liter for white paint. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED C. Report PS-09/21 by Ed Roloson, Manager of Capital Projects|Water/Wastewater re Municipal Sidewalk Removal and Replacement Services 2021 Council Minutes October 7, 2021 4 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-09/21 re Municipal Sidewalk Removal and Replacement Services be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham authorize the execution of an amendment to By-law No. 2017-049 for the provision of sidewalk removal and replacement services (2021 – 2025) with Autoform Contracting London Ltd. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED D. Report PS-10/21 by Steve Adams, Manager of Public Works re RFP 21-03 Various Works Associated with Construction and Operational Activity Proposal Results Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report PS-10/21 re RFP 21-03 Various Works Associated with Construction and Operational Activities Proposal Results be received for information; AND THAT staff be directed to bring forward a by-law for Council consideration for a Three (3) Year Contract with Underhill’s Trucking Ltd. for use of various listed equipment at the rate fees listed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 2021 Council Minutes October 7, 2021 5 A. Notice of Public Meeting re Proposed Minor Variance A-20/21 Margaret Klassen, 11350 Culloden Road, Corinth B. Notice of Public Meeting re Proposed Minor Variance A-21/21 Aron and Katherina Wall, 9628 Plank Road, Straffordville C. Notice of Committee of Adjustment Decision Minor Variance A-15/21 Frank and Lisa Fulop, 34 Victoria Street, Port Burwell D. Notice of Committee of Adjustment Decision Minor Variance A-19/21 William Gibson, 10527 Culloden Road, North Hall Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence items 10.1.1-A - 10.1.1-D be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-58/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Peters, 8875 Culloden Road Zoning By-law No. Z734-2021 Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report DS-58/21 regarding the Peters rezoning application be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held September 16, 2021 associated with this application, there were no written submissions and no oral presentation received regarding this matter and following the meeting submissions of support were received from two neighbours; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing 2021 Council Minutes October 7, 2021 6 the zoning on the property owned by Jerry and Julie Peters located in Concession 7 Part Lots 113 & 114, known as 8875 Culloden Rd from Estate Residential (ER) Zone to site-specific Estate Residential (ER-10) Zone to permit the construction of an accessory building with a floor area of 257.8 m2 (2775 ft2) whereas the maximum permitted is 55.0 m2 (592.0 ft2); AND THAT Zoning By-law Z734-2021 be presented to Council for enactment. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report DS-59/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Four Consent Applications E76/21 – E79/21 Gilvesy Mitchell – Eden Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report DS-59/21 regarding the Consent Applications E76/21 – E79/21 submitted by Mitchell and Gilvesy be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E76/21 – E79/21 be granted subject to the following conditions: 1. Installation of individual private wells with water quantity and water quality reports for bacteria and nitrates content meeting the Provincial standards for residential use, as a matter of public health and safety 2. Installation of a municipal sanitary sewer connection to each of the severed lots at the applicants’ cost for permits and installation 3. Engineer designed overall lot grading/drainage plan showing direct connection to the existing Municipal Drain showing lots will not have a negative drainage impact on abutting lots 4. Rezoning of the severed lands to remove the Holding (h2) Zone by entering into a Subdivision Agreement with the municipality for servicing and adequate recognition that a Plan of Subdivision for the retained lands is not assumed 5. Digital copy of the registered plan of survey 6. Cash in Lieu of Parkland Dedication fee for each of four created lots 7. Purchase civic number signs for each of four created lots 8. Planning Report fee payable to the Municipality 2021 Council Minutes October 7, 2021 7 Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. County of Elgin re Elgin County Community Grant Program (CGP) B. County of Elgin re Elgin County Cycling History Murals Project selected design for the Port Burwell Fred Bodsworth Public Library Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT correspondence items 11.1.1-A - 11.1.1-B be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Council recessed for a short break at 8:03 p.m. and reconvened at 8:10 p.m. 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-35/21 by Thomas Thayer, CAO|Clerk and Ed Roloson, Manager of Capital Projects|Water/Wastewater re Scoping of Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers Moved by: Councillor Donnell Seconded by: Councillor Chilcott 2021 Council Minutes October 7, 2021 8 THAT Report CAO-35/21 re Scoping of Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers be received for information. AND THAT Council support application to DMAF for Option No. 3 as outlined in Report CAO-35/21. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED B. Report CAO-36/21 by Thomas Thayer, CAO|Clerk re COVID-19 Vaccination Verification Policy Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-36/21 re COVID-19 Vaccination Verification Policy be received for information; AND THAT the Draft COVID-19 Vaccination Verification Policy be referred to staff to be amended as discussed; AND THAT a revised draft of the Draft COVID-19 Vaccination Verification Policy be brought forward to the October 21, 2021 Council Meeting. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED C. Report CAO-37/21 by Thomas Thayer, CAO|Clerk re Auto-Attendant for the Bayham Municipal Office Phone System Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Report CAO-37/21 re Auto-Attendant for the Bayham Municipal Office Phone 2021 Council Minutes October 7, 2021 9 System be received for information; Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 12. BY-LAWS A. By-law No. Z734-2021 Being a by-law to amend By-law No. Z456-2003, as amended (This by-law follows the recommendation in Report DS-58/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of October 7, 2021) Moved by: Councillor Donnell Seconded by: Councillor Froese THAT By-law No. Z734-2021 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council do now rise to enter into an “In Camera” Session at 9:44 p.m. to discuss: • personal matters about an identifiable individual, including municipal or local board employees (Human Resources) Recorded vote: 2021 Council Minutes October 7, 2021 10 Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED A. Confidential Report re personal matters about an identifiable individual, including municipal or local board employees (Human Resources) 14.2 Out of Camera Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” session at 10:03 pm and report on Closed Session Item A. personal matters about an identifiable individual, including municipal or local board employees. (Human Resources) Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Confidential Report CAO-38/21 re personal matters about an identifiable individual, including municipal and local board employees (Human Resources) be received for information. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 2021 Council Minutes October 7, 2021 11 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-055 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Confirming By-law No. 2021-055 be read a first, second and third time and finally passed. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council meeting be adjourned at 10:04 p.m. Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x CARRIED MAYOR CLERK REPORT Physical Services TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works DATE: October 21, 2021 REPORT: PS-11/21 SUBJECT: RFT 21-02 2022-2024 LAWN MAINTENANCE SERVICES TENDER RESULTS BACKGROUND Agreement No. 0625 as authorized by By-law No. 2017-088 provided for Lawn Maintenance Services by Swantech Industries for the period of May 1, 2018 – Dec.31, 2021. On September 11, 2021, RFT 21-02, 2022-2024 Lawn Maintenance Services was issued. A copy of RFT 21/02 is attached hereto. DISCUSSION RFT 21-02 closed on September 27, 2021 at 11am. The Municipality received five bids. The results of RFT 21-02, 2022-2024 Lawn Maintenance Services attached hereto. Swantech Industries was the overall low bid with an annual cutting amount of $82,680. Additionally, “By-Law Provision Cutting” was added to RFT 21-02 to address any non-compliance with the Lot Maintenance By-Law No. 2018-037. Swantech however was not low bid with a bid of $80/hr. The Municipality utilizes this provision option two to three times annually with full expense of the provision to the lot owner. As a note, the 2022-2024 bid prices by Swantech Industries accounts for a 51% increase than the previous Agreement No. 0625 for the period from 2018-2021. Due to the significant increase in the 2022-2024 costing, staff has looked into the possibility of bringing Lawn Maintenance Services back in house utilizing two temporary operators and the purchase of one pickup truck, one tandem trailer and two new lawn mowers. With this as an option this would account for a large capital expenditure with in the first year of operations. The savings may be significant over three years with a possible enhanced service level. Although to implement this into our 2022 approved in principle capital budget may not be feasible, staff would suggest to bring forward a report in 2024 ahead of the capital deliberations and before contract renewal for consideration to implement in house Lawn Maintenance Services and the feasibility of doing so. ATTACHMENTS 1. RFT 21-02 Lawn Maintenance Services 2. Results table for RFT 21-02 Lawn Maintenance Services RECOMMENDATION 1. THAT Report PS-11/21 re RFT 21-02 2022-2024 Lawn Maintenance Services Tender Results be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to enter into an agreement with Swantech Industries for the provision of 2022-2024 Lawn Maintenance Services for Council consideration. Respectfully Submitted by: Reviewed by: ____________________________ Steve Adams Thomas Thayer Manager of Public Works CAO|Clerk REQUEST FOR TENDER 2022-2024 Lawn Maintenance Services WITH THE PROVISION OF YARD MAINTENANCE ASSOCIATED WITH BY-LAW ENFORCEMENT RFT 21-02 NOTE: It is the Contractor’s sole responsibility to ensure their submissions are received in a sealed enveloped clearly marked with RFT 21-02 – 2022-2024 Lawn Maintenance Services by the time and date specified within the document. The Lowest or Any Bid Will Not Necessarily Be Accepted Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Company Name & Address:_________________________________________________ Please return this cover sheet with your submission ISSUE DATE: September 20, 2021 CLOSING DATE: October 4, 2021 CLOSING TIME: 11:00 AM, local time LOCATION: Municipality of Bayham 56169 Heritage Line Straffordville, ON Attention: Steve Adams Manager of Public Works LATE SUBMISSIONS WILL NOT BE ACCEPTED 1. GENERAL: 1.1 Lump Sum – Per Map – Per Cut Unit Price bids will be submitted on the tender form in a sealed envelope which shall be clearly marked ‘RFT 21-02 – 2022-2024 Lawn Maintenance Services’. 1.2 The Municipality will award contracts to the successful bidder for each Map. 1.3 Tenders will be received at the office of: Municipality of Bayham 56169 Heritage Line Straffordville, ON not later than 11:00 AM local time, October 4, 2021. 1.4 The lowest or any bid not necessarily accepted. 1.5 Tenders will be opened publicly, shortly after 11:00 AM on October 4, 2021 at the Municipality of Bayham office at the address referenced above. 1.6 TENDER SUBMISSION REQUIREMENTS 1.6.1 To be placed in sealed envelope clearly marked ‘RFT 21-02 – 2022-2024 Lawn Maintenance Services’: 1.6.1.1 COMPLETED FORM OF TENDER 1.6.1.2 CONTRACTOR’S EXPERIENCE FORM 1.6.1.3 CONTRACTOR’S EQUIPMENT FORM 1.6.1.4 SIGNED HEALTH AND SAFETY COMPLIANCE LETTER 1.6.1.5 WORKPLACE SAFETY INSURANCE BOARD CLEARANCE CERTIFICATE 2. SCOPE: 2.1 The scope of this contract is to select a Contractor(s) to provide lawn maintenance services as outlined within RFT 21-02 – 2022-2024 Lawn Maintenance Services and the required agreement. 2.2 Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4” in height. The grass is not to be cut to a height of less than 2”. 2.3 All debris and branches shall be picked up prior to lawn maintenance services each cut. 2.4 Municipal grassed area along public roadways abutting the locations are included in this contract. 2.5 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing operation. At a minimum, one pass on both sides of all fences will be cut with a mower. 2.6 Edging of hedges and sidewalks shall be completed on a monthly basis so that these areas have a neat and well-maintained appearance. 2.7 All hard surfaces, which includes parking lots and sidewalks, must be swept clean each time the contractor is performing work on site. 2.8 Pruning for trees up to 16 feet in height shall consist of the removal of excess sucker growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Timber, brush and all other debris resulting from this work shall be entirely removed from the lands and disposed of by the Contractor at his own expense on the same day trees are pruned. 2.9 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), July, and September (deciduous) and vines are to be trimmed as required to present a neat appearance. 2.10 All fence lines and grassed areas, shall be cleared of weeds, debris and branches to each cut. 2.11 The Contractor shall provide fresh wood chips on all gardens the first week of May each year. The contractor shall first properly edge all flower beds and gardens. 2.12 The Contractor shall weed and maintain all flower beds and gardens each cut. 2.13 The Contractor shall empty each Waste Receptacle at each location 2.14 The Contractor shall place the appropriate bags in each Waste Receptacle at each location. 2.15 The Contractor shall deposit all contents from the Waste Receptacles in the appropriate bins located at the Public Works Yard at 8354 Plank Rd. 2.16 The Municipality shall provide the Contractor with the required keys and bags to service the Waste Receptacles. 2.17 The Municipality shall not pay for travel time between locations. 2.18 Provisional By-law Works on an “as needed basis” must be conducted within 48 hours of written correspondence provided by the Manager of Public Works or the Municipal By-Law Enforcement Officer to the Contractor. 2.19 Submission of the Provisional By-law Works invoice must be provided to the Municipality following the completion of the corresponding maintenance works, not included within the monthly invoicing. 3. RIGHT TO ACCEPT OR REJECT TENDERS: 3.1 Tenders may be invalidated if the forms are not properly and fully completed. Tenders must be on the form provided. No substitutions will be considered. The Municipality will be the sole judge of such matters. 4. UNACCEPTABLE TENDERS: 4.1 Each item in the Tender Form shall be a reasonable price for such item. Under no circumstances will an unbalanced tender be considered. The Municipality will be the sole judge of such matters, and should any tender be considered to be unbalanced, then it will be rejected by the Municipality. 5. ABILITY AND EXPERIENCE OF BIDDER: 5.1 The Municipality reserves the right to reject the tender of any Contractor who does not furnish satisfactory evidence of sufficient equipment and experience to successfully execute and complete the work in the specified time. 5.2 As part of this Tender Package, Standard forms for listing experience at performing similar work have been included. Tenderers shall include the completed form with their submission of tender. 6. DEFINITION OF MUNICIPALITY: 6.1 Wherever the word “Corporation”, “Municipality”. or “Owner” appears in this contract, it shall be interpreted as meaning the “Corporation of the Municipality of Bayham”. 7. PAYMENTS 7.1 The Municipality shall pay to the Contractor, subject to the provision of monthly invoices for the following properties, the total sum, payable in a Lump Sum – Per Map – Per Cut Unit Price for works completed in accordance with the contract. 7.2 The Municipality can be invoiced at: Municipality of Bayham 56169 Heritage Line PO Box 160 Straffordville, ON N0J 1Y0 8. INQUIRIES DURING TENDERING: 8.1 The Contractor is advised that inquiries regarding the interpretation of this document or specifications shall be directed to Steve Adams, Manager of Public Works, at (519) 866-5521 or by email sadams@bayham.on.ca 9. THE OCCUPATIONAL HEALTH AND SAFETY ACT: 9.1 The Contractor shall ensure compliance with the Occupational Health and Safety Act and indemnify the Municipality for any failure to do so. 10. LIABILITY INSURANCE, INDEMNIFICATION AND HOLD HARMLESS: 10.1 The Contractor agrees to indemnify the Municipality and save it harmless from and against any and all claims, demands, loss, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $2,000,000 prior to May 1, 2022 and that the insurance shall name the Municipality of Bayham as an additional insured. 10.2 The successful proponent shall comply with all Federal, Provincial, County and Municipal Legislation including, but not limited to environmental, Labour, Occupational Health and Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human Rights. The successful proponent shall be qualified to test portable fire extinguishers and fire alarms. The successful proponent shall provide the Municipality with a valid WSIB Certificate. 11. SCHEDULE OF WORK MUNICIPAL PARKS AND FACILITIES 11.1 Commencing May 1st to October 31st, the Contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in the parks: 11.1.1 The Contractor shall generally conduct landscape services activities every ten (10) days. 11.1.1.1 The Municipality may permit weekly cuts in the spring, reducing cuts in the heat of the summer to a bi-weekly schedule arriving at a season average of one (1) cut every ten (10) days, subject to the approval of the Manager of Public Works. 11.1.1.2 The Municipality will not pay for more than 18 cuts on any map location in any season May 1-October 31. Additional cuts beyond 18 cuts may be approved in writing prior to the works occurring. 11.1.1.3 Should the Contractor perform more than 18 cuts on any map location without prior written municipal approval it shall be at the sole cost of the Contractor. 11.1.1.4 The Contractor must schedule with the Manager of Public works a set time for the property at 8354 Plank Rd. due to staff scheduling regarding vehicles. 11.1.2 The Manager of Public Works shall advise the Contractor of the date which landscape services activities may commence for the first time each year. 11.2 The Manager of Public Works shall have absolute, and unfettered, final discretion on work. MUNICIPAL CEMETERIES 11.3 Commencing May 1st to October 31st, the Contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in the parks: 11.4.1 The contractor shall generally conduct Cemetery landscaping services not more than described in the Cemetery Location/Quantity chart below. Cemetery Location/Quantity Chart Cemetery Address Number of Cuts Decoration Day Best 54536 Best line 14 4th Sunday in August Firby 10968 Springerhill Road 14 Old Richmond 54254 Heritage Line 14 Old Eden 11318 Ridge Line 14 Dobbie 56139 Green Line 14 Light 55236 Light Line 14 4th Sunday in August Claus 57084 Calton Line 14 Stanton 58180 Calton Line 14 Edison 31 King St. East (Vienna) 14 Estherville 54880 Glen Erie Line 14 2nd Sunday in November Otter Valley 56651 Tunnel Line 14 Bayham West 53688 Heritage Line 14 4th Sunday in August Eden 56897 Eden Line 14 1st Sunday in September Smuck 55177 Jackson Line 14 3rd Sunday in August Straffordville 55939 Heritage Line 14 3rd Sunday in August Guysboro 57682 Heritage Line 14 4th Sunday in August Calton 6964 Richmond Road 12 3rd Sunday in August 11.4.2 The Municipality will not pay for more than the cuts noted within Appendix ‘B’ at any location throughout the season, May 1-October 31. Additional cuts beyond the above-noted Chart may be approved in writing prior to the work occurring. 11.4.3 Should the Contractor perform more than the noted cuts approved in the above- noted chart on any location without prior written municipal approval it shall be at the sole cost of the Contractor. 11.4.4 All Cemeteries to be cut prior to Decoration Days - This should be part of the Cemetery Location/Quantity Chart for the subject cemeteries. 11.4.5 The Contractor should contact the Manager of Public Works or the Municipal office prior to May 1 each contract year to clarify the exact dates in which decoration days are being conducted. 11.5 The Manager of Public Works shall have absolute, and unfettered, final discretion on work 12. EXECUTE CONTRACT AGREEMENT: 12.5 Tenders shall be open for acceptance for a period of thirty (30) days after the closing date. After this time the tender may only be accepted with the consent of the successful Contractor. 12.6 The successful Contractor shall execute the contract documents within ten (10) calendar days of receipt of notification of acceptance of tender. 12.7 Failure by the successful Contractor to meet the above requirements will entitle the Municipality to cancel the award of the contract. The Municipality may award the contract to one of the other Contractors or take such action as it chooses. 13. LOCATION OF WORK: 13.5 The work will be located within the Municipality of Bayham on those locations identified in the form of tender. 14. TENDER QUANTITIES: 14.5 Tender quantities are approximate and may vary dependent upon land ownership and budget constraints. 14.6 The Municipality reserves the right to extend, restrict and delete tender items in the contract as it sees fit. No compensation will be given to the Contractor for the restriction or deletion of tender items. 15. GOVERNMENT REQUIREMENTS: 15.5 The Contractor Shall obey all Federal Provincial, and Municipal Laws, Acts, Ordinances, Orders in Council and By-Laws which could in any way pertain to the work outlined in the contract or to the Employees of the Contractor. 16. NOTICE TO CONTRACTORS- RE: EMPLOYMENT: 16.5 The Contractor will, respective of this contract: 16.5.1 Employ only residents of Canada and those persons legally able to work in Canada; 16.5.2 In employing persons, refrain from discriminating against any person by reason of his race, religion, political affiliations, or gender. 17. HOURS OF WORK: 17.5 The usual hours of work are from Monday to Friday will from 7:00 a.m. to 4:30 p.m. Weekend and after hours work is usually not undertaken, but may be in exceptional circumstances. There will be no additional compensation for weekend work. 18. SITE ACCESS: 18.5 Contractors will be provided access to the Recycling and Waste Bins located at 8354 Plank Rd for the sole purpose of depositing materials collected from the subject lands. 19. UNIT PRICES: 19.5 The Lump Sum – Per Map – Per Cut Unit Price submitted for each map shall be inclusive of all materials, equipment, labour, and transportation, permits and fees, if any, required to perform and compete the work. No additional allowances will be considered. 19.6 Provisional Items will not be considered in determining the low bid. 19.7 The Lump Sum – Per Map – Per Cut Unit Price will be utilized to determine low bid. 19.8 The Lump Sum – Per Map – Per Cut Unit Price shall be the per cut cost exclusive of HST 19.9 The Municipality will award contracts to the successful bidder for each Map. RFT 21-02 LAWN MAINTENANCE SERVICES - TENDER FORM Description Lump Sum – Per Map – Per Cut Unit Price Port Burwell Area ‘A’ Map # 1 Open Space (Parcels between Hurley Lane, Chatham St, Bridge St.) Area ‘B’ Port Burwell Ball Diamond (55461 Nova Scotia Line) Area ‘C’ (Robinson St @ Howard St – grass area- Submariners Way) Area ‘D’ (Victoria St @ Plank Rd ((Robinson St)) – North and South sides of road) Area ‘E’ Port Burwell Library (21 Pitt St. & Gazebo) Area ‘F’ Parkette & Cenotaph- Pitt St @ Erieus St) Area ‘G’ Basketball Court (Pitt St @ Erieus St.) Area ‘H’ Marine Museum (18 Pitt St) Area ‘I’ Lighthouse (17 Robinson St) Area ‘J’ Beach turnaround (South end of Robinson St - guard rail area to bottom of slope on the west approximately 30 meters west from guard rails going southerly to bottom of slope at turnaround most southerly section of road) along with end of turnaround along beach to accessible pad and around washroom and food booth. Area ‘K’ Memorial Park (southwest corner of Brock and Strachan to Waterfront of East Beach) Area ‘L’ Wind Interpretive Centre (5361 Brown Rd) Area ‘M’ Hurley Street (along guardrails to bridge both sides of road) Area ‘N’ Wastewater Treatment Plant (1 Chatham St) Area ‘O’ Port Burwell Fire Hall (55451 Nova Scotia Line) Vienna – Map #2 Area ‘A’ Vienna Community Centre (26 Fulton St) Area ‘B’ Vienna Memorial Park (6226 Plank Rd) Area ‘C’ Pump Station (54 Front St) Area ‘D’ Edison Historical Plaque Area (Corner of Water St & Plank Rd) Area ‘E’ Water St. Road Allowance Straffordville Area ‘A’ – Map #3 Straffordville Fire Hall (55764 Third St) Area ‘B’ Straffordville Community Centre & Park (56169 Heritage Line) Area ‘C’ Parkette (56301 Heritage Line @ Plank Rd) Area ‘D’ Pump Station (8934 Plank Rd) Area ‘E’ Pump Station (9352 Garner Rd) Area ‘F’ Pump Station (56826 Heritage Line) Area ‘G’ Public Works Yard (8354 Plank Rd) Area ‘H’ Straffordville Library (9366 Plank Rd) Eden – Map #4 Area ‘A’ Community Mailbox - Plank Rd @ Eden Line) Area ‘B’ Pump Station (11403 Plank Rd) Area ‘C’ Eden Park (56967 Eden Line) Corinth – Map #5 Area ‘A’ Corinth Park (54286 Best Line) Area ‘B’ Open Space (S/E Corner Culloden Rd/Best Line) Richmond - Map #6 Area ‘A’ Richmond Park (53906 Church St) Area ‘B’ Richmond Water (Well & Water Plant 9190 Richmond Rd) Cemeteries - Map #7 Area ‘A’ Best - 54536 Best Line Area ‘B’ Firby – 10968 Springerhill Road Area ‘C’ Old Richmond – 54254 Heritage Line Area ‘D’ Old Eden – 11318 Ridge Line Area ‘E’ Dobbie – 56139 Green Line Cemeteries - Area ‘A’ Map #8 Light - 55236 Light Line Area ‘B’ Claus - 57084 Calton Line Area ‘C’ Stanton - 58180 Calton Line Area ‘D’ Edison - 31 King St East (Vienna) Area ‘E’ Estherville - 54880 Glen Erie Line Area ‘F’ Otter Valley - 56651 Tunnel Line Map #9 Bayham West- 53688 Heritage Line Map #10 Eden - 56897 Eden Line Map #11 Smuck - 55177 Jackson Line Map #12 Straffordville - 55939 Heritage Line Map #13 Guysboro - 57682 Heritage Line Map #14 Calton - 6964 Richmond Road Unit Price shall be the per cut cost exclusive of HST Provisional By-Law Works Cut Unit Price/Hour $ Unit Price shall be the per cut cost exclusive of HST I/We the undersigned agree to perform 2022-2024 Lawn Maintenance Services in the Municipality of Bayham as required by the Manager of Public Works in compliance with the terms, conditions and specifications noted in this tender and agreement. Company Name Home Number Signature Fax Number Printed Name After Hours Number (Cell Phone) Date HST Registration # CONFIRMATION OF FAVOURABLE HEALTH AND SAFETY PRACTICE FORM The Contractor(s):________________________________________________________ The Municipality of Bayham is committed to: i. The prevention of workplace injury and illness to all workers at Municipal locations. ii. The belief that contractor safety is compatible with the safety policy of the Municipality and is good business. iii. Assuming a leadership role by citing contractors for any violations of the contract. iv. To ensure the Municipal workplace is a healthy and safe working environment, contractors, constructors and subcontractors must have knowledge of and operate in compliance with the Occupational Health and Safety Act and any other legislation pertaining to employee health and safety. v. For long term contracts, or contracts involving pre-selected contractors, the Municipality reserves the right to cancel (or place on probation) the contract of any contractor who is charged and/or convicted of offences under the Occupational Health and Safety Act while carrying out any part of a project with the Municipality. Contractor’s Statement of Responsibility: As a contractor retained to perform work for the Municipality of Bayham, I/we accept the following health and safety responsibilities: i. I/we will comply with all procedures and requirements of the Occupational Health and Safety Act, Municipal safety policies and procedures, department and site specific policies and procedures and all applicable legislation or regulations. ii. I/we will work safely with skill and care so as to prevent accidental injury to ourselves, fellow employees and all other persons on the site of work. iii. For contracts or sub-contracts that involve commercial motor vehicles as defined by the Highway Traffic Act, I/we acknowledge possession of a current Carrier CVOR abstract with one of the following safety ratings: Excellent; Satisfactory; Conditional, or Satisfactory-Unaudited. iv. I/we will advise the Municipality if the CVOR safety rating of our firm is changed to ''Unsatisfactory" at any time during the course of the contract and, upon request, will provide the Municipality with a copy of the most recent Carrier CVOR abstract indicating the sanctions imposed by the Ministry of Transportation. Contractor Name of Person Signing for Contractor Signature of Contractor Date Contractor's Experience in Similar Work Year Completed Description of Work For Whom Work Performed Value To be completed and returned with tender. Contractor’s Equipment List Make and Model Year Hrs Type of mower attachment. To be completed and returned with tender. 2022-2024 LAWN MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT made in triplicate this xx day of xxxxxxx, 20xx. BETWEEN XXXXXXXXXXXXXXXXXXX (hereinafter referred to as the “Contractor”) of the First Part -and- THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the Municipality is the registered owner and/or the lessee of the lands shown on the various maps attached hereto as “Map #X”, “…………, hereinafter referred to as the “lands”; AND WHEREAS the Contractor wishes to provide lawn maintenance services for the said lands; AND WHEREAS in consideration of the payment of the sum of monies as described within the context of this agreement by the Contractor to the Municipality and other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. The Municipality grants permission to the Contractor to enter upon municipal lands for the purpose of maintaining the lands. 2. The Contractor agrees to provide lawn maintenance services as outlined and needed for the lands. 3. The Municipality shall pay to the Contractor for the following properties, the total sum, payable in equal monthly installments: XXXXXXXXXXXXXXXXXXXXX 4. The Contractor agrees to indemnify the Municipality and save it harmless from and against any and all claims, demands, loss, actions, damages, liability, and expenses, in connection with loss of life, personal injury, or damage to property arising from any occurrence on said lands howsoever such claims may arise, providing proof of liability insurance not less than $2,000,000 prior to May 1, 2022 and that the insurance shall name the Municipality of Bayham as an additional insured. 5. The successful proponent shall comply with all Federal, Provincial, County and Municipal Legislation including, but not limited to environmental, Labour, Occupational Health and Safety, Unemployment Insurance, Workplace Safety & Insurance Board, and Human Rights. The successful proponent shall be qualified to test portable fire extinguishers and fire alarms. The successful proponent shall provide the Municipality with a valid WSIB Certificate. 6. The Contractor will observe and adhere to the standards set out in Appendix “A” attached hereto. 7. The Contractor shall not impede parking, pedestrian or vehicular traffic to the subject lands. 8. The Municipality shall have access to the site and surrounding area at all times. 9. The Contractor shall not subcontract any or all of this agreement without the prior and express approval of the Municipality. 10. This Agreement may be terminated at any time by either party giving the other party 30 days written notice of termination. IN WITNESS WHEREOF the Contractor and the Municipality have hereunto set their hands and Corporate Seals this xxTH day of xxxx, 20xx. SIGNED, SEALED AND WITNESSED ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) _____________________________ ) MAYOR ) ) _____________________________ ) CAO|Clerk ) ) ) CONTRACTOR In the Presence of ) ) ________________________________ ) _________________________________ Appendix “A” 2022-2024 LAWN MAINTENANCE SERVICES SCOPE OF WORK 1. GENERAL-LANDSCAPE SERVICE 1.1 Except as otherwise expressly provided the Contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The Contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. 1.3 The Contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the Contractor shall be executed to the satisfaction of the Municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the Road Operations Supervisor, or designate, will, at his discretion, result in an alternate Contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet Municipal standards of service and workmanship will result in termination of the contract. 2. TERMS OF CONTRACT 2.1 This contract shall be in force and effect from May 1, 2022 - December 31, 2024 2.2 This contract may be renewed for two (2) additional one (1) year terms upon the agreement of both the Contractor and the Municipality. 3. PAYMENT 3.1 Invoices shall be submitted on a monthly basis starting one month from the commencement of work. 4. DESCRIPTION OF WORK 4.1 Mowing of all turfed areas shall be performed on a regular basis to ensure grass does not exceed 4” in height. The grass is not to be cut to a height of less than 2”. 4.2 All debris and branches shall be picked up prior to lawn maintenance services each cut. 4.3 Municipal grassed area along public roadways abutting the projects are included in this contract. 4.4 Trimming of grass adjacent to curbs, sidewalks, fences, trees, flower beds, benches, buildings, light standards, hydrants, etc. shall be done immediately after each mowing operation. At a minimum, one pass on both sides of all fences will be cut with a mower. 4.5 Edging of hedges and sidewalks shall be completed on a monthly basis so that these areas have a neat and well maintained appearance. 4.6 All hard surfaces, which includes parking lots and sidewalks, must be swept clean each time the contractor is performing work on site. 4.7 Pruning for trees up to 16 feet in height shall consist of the removal of excess sucker growth, dead wood and interfering growth, the thinning of branches where necessary, clearing growth from buildings and the shaping of trees. All pruned branches of a diameter greater than 1 inch and all exposed wood or scars resulting from previous work damage shall be painted with approved tree wound paint. Trees and branches which are weak shall be cabled or braced in accordance with approved tree bracing methods. Timber, brush and all other debris resulting from this work shall be entirely removed from the lands and disposed of by the Contractor at his own expense on the same day trees are pruned. 4.8 Trimming, and removal of dead growth, of all hedges and shrubs shall be performed during June (evergreens), in June, July and September (deciduous) and vines are to be trimmed as required to present a neat appearance. 4.9 All fence lines and grassed areas, shall be cleared of weeds, debris and branches to each cut. 4.10 The Contractor shall provide fresh wood chips on all gardens the first week of May each year. The contractor shall first properly edge all flower beds and gardens. 4.11 The Contractor shall weed and maintain all flower beds and gardens each cut. 4.12 The Contractor shall empty each Waste Receptacle at each location 4.13 The Contractor shall place the appropriate bags in each Waste Receptacle at each location. 4.14 The Contractor shall deposit all contents from the Waste Receptacles in the appropriate bins located at the Public Works Yard at 8354 Plank Rd. 4.15 The Municipality shall provide the Contractor with the required keys and bags to service the Waste Receptacles. 4.16 The Municipality shall not pay for travel time between locations. 4.17 Provisional By-law Works must be conducted within 48 hours of written correspondence provided by the Manager of Public Works or the Municipal By-Law Officer to the contractor. 4.18 Submission of the Provisional By-law Works invoice must be provided to the Municipality following the completion of the corresponding maintenance works, not included within the monthly invoicing. 5. SCHEDULE OF WORK MUNICIPAL PARKS AND FACILITIES 5.1 Commencing May 1st to October 31st, the contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in the parks: 5.1.1 The Contractor shall generally conduct landscape services activities every ten (10) days. 5.1.1.1 The Municipality may permit weekly cuts in the spring, reducing cuts in the heat of the summer to a bi-weekly schedule arriving at a season average of one (1) cut every ten (10) days, subject to the approval of the Manager of Public Works. 5.1.1.2 The Municipality will not pay for more than 18 cuts on any map location in any season May 1-October 31. Additional cuts beyond 18 cuts may be approved in writing prior to the works occurring. 5.1.1.3 Should the Contractor perform more than 18 cuts on any map location without prior written municipal approval it shall be at the sole cost of the Contractor. 5.1.1.4 The Contractor must schedule with the Manager of Public works a set time for the property at 8354 Plank Rd. due to staff scheduling regarding vehicles. 5.1.2 The Manager of Public Works shall advise the Contractor of the date which landscape services activities may commence for the first time each year. 5.2 RFT 21-02 – 2022-2024 Lawn Maintenance Services, as amended, shall form part of this agreement, attached hereto as Schedule ‘B’. 5.3 The Manager of Public Works shall have absolute, and unfettered, final discretion on work. MUNICIPAL CEMETERIES 5.4 Commencing May 1st to October 31st, the contractor shall conduct Lawn Maintenance Services. Equipment shall not be operated in the contracted areas prior to sunrise and must be off the area before sunset, on weekends, and/or during events that are held in the parks: 5.4.1 The contractor shall generally conduct Cemetery landscaping services not more than described in the Cemetery Location/Quantity Chart below. Cemetery Location/Quantity Chart Cemetery Address Number of Cuts Decoration Day Best 54536 Best line 14 4th Sunday in August Firby 10968 Springerhill Road 14 Old Richmond 54254 Heritage Line 14 Old Eden 11318 Ridge Line 14 Dobbie 56139 Green Line 14 Light 55236 Light Line 14 4th Sunday in August Claus 57084 Calton Line 14 Stanton 58180 Calton Line 14 Edison 31 King St. East (Vienna) 14 Estherville 54880 Glen Erie Line 14 2nd Sunday in November Otter Valley 56651 Tunnel Line 14 Bayham West 53688 Heritage Line 14 4th Sunday in August Eden 56897 Eden Line 14 1st Sunday in September Smuck 55177 Jackson Line 14 3rd Sunday in August Straffordville 55939 Heritage Line 14 3rd Sunday in August Guysboro 57682 Heritage Line 14 4th Sunday in August Calton 6964 Richmond Road 12 3rd Sunday in August 5.4.2 The Municipality will not pay for more than the noted within Appendix ’B’ at any location throughout the season May 1-October 31. Additional cuts beyond the above-noted Chart may be approved in writing prior to the work occurring. 5.4.3 Should the Contractor perform more than the noted cuts approved in the above-noted Chart on any location without prior written municipal approval it shall be at the sole cost of the Contractor. 5.4.4 All Cemeteries to be cut prior to Decoration Days. This should be part of the Cemetery Location/Quantity Chart for the subject cemeteries. 5.4.5 The Contractor should contact the Manager of Public Works or the Municipal office prior to May 1 each contract year to clarify the exact dates in which decoration days are being conducted. 5.5 The Manager of Public Works shall have absolute, and unfettered, final discretion on work CHATHAM STREETROBINSON STREETVICTORIA STREETPITT STREET WELLINGTON STREETADDISON STREETBRIDGE STREET ERIEUS STREETSTRACHAN STREETELIZABETH STREETWATERLOO STREET PLANK ROADMILTON STREETSHAKESPEARE STREETLIBBYE AVENUE BROCK STREETNOVA SCOTIA LINEMCCORD LANEH URL EY S T REET LAKE SHORE LINEWILSON LANEHOMER STREET WILLIAM STREET COWPER STREET SOUTHEY STREET BARBARA AVENUE GRACE COURT 0 150 30075 Meters ® Map Produced by: Township of Malahide GIS DepartmentProjection: NAD 83 UTM Zone 17Date: August 2021This drawing is neither a legally recorded mapnor a survey and is not intended to be used as one. Area ‘A’ Open Space (Parcels between Hurley Lane,Chatham St, Bridge St.) Area ‘B’ Port Burwell Ball Diamond (55461 Nova Scotia Line) Area ‘C’ (Robinson St @ Howard St – grass area-Submariners Way) Area ‘D’ (Victoria St @ Plank Rd ((Robinson St)) – North and South sides of road) Area ‘E’ Port Burwell Library (21 Pitt St. & Gazebo) Area ‘F’ Parkette & Cenotaph- Pitt St @ Erieus St) Area ‘G’ Basketball Court (Pitt St @ Erieus St.) Area ‘H’ Marine Museum (18 Pitt St) and RobinsonSt. and Pitt St. Guiderails Area ‘I’ Lighthouse (17 Robinson St) Area ‘J’ Beach turnaround (South end of Robinson St - guard rail area to bottom of slope onthe west approximately 30 meters west fromguard rails going southerly to bottom of slope atturnaround most southerly section of road) and\End of turn around along beach to accessible padaround Beach washroom and food booth Area ‘K’ Memorial Park (southwest corner ofBrock and Strachan to Waterfront of East Beach) Area ‘L’ Wind Interpretive Centre (5361 Brown Rd) Area ‘M’ Hurley Street (along guardrails to bridgeboth sides of road) Area ‘N’ Wastewater Treatment Plant (1 Chatham St) Area ‘O’ Port Burwell Fire Hall (55451 NovaScotia Line) A E FGH I J K D C N M O B BROWN ROADN O V A S C O TI A LIN E ORCHARD LINEL Port Burwell HERITAGE LINERICHMOND ROADJOHN STREET CHURCH STREET H O O V E R V A L L E Y R O A DJAMES STREETRI CH MO ND R O AD 0 50 10025 Meters ® Map Produced by: Township of Malahide GIS DepartmentProjection: NAD 83 UTM Zone 17Date: August 2021This drawing is neither a legally recorded mapnor a survey and is not intended to be used as one. Area ‘A’ Richmond Park (53906 Church St) Area ‘B’ Richmond Water (Well area and Water Plant 9190 Richmond Rd) A B Richmond B PLANK ROADHERITAGE LINE GARNER ROADMAIN STREET 3RD STREET SANDYTOWN ROADWEST STREET4TH STREET FIRST STREET STEWART ROAD 2ND STREET WARDWALK LINE 5TH STREET OLD CHAPEL STREETEAST STREETDUKE STREETALWARD STREETGARNHAM STREETELGIN STREETHESCH STREET WEST STREETSANDYTOWN ROADPLANK ROADHERITAGE LINE GARNER ROAD0 200 400100 Meters ® Map Produced by: Township of Malahide GIS DepartmentProjection: NAD 83 UTM Zone 17Date: August 2021This drawing is neither a legally recorded mapnor a survey and is not intended to be used as one. Area ‘A’ Straffordville Fire Hall (55764 Third St) Area ‘B’ Straffordville Community Centre & Park (56169 Heritage Line) Area ‘C’ Parkette (56301 Heritage Line @ Plank Rd) Area ‘D’ Pump Station (8934 Plank Rd) Area ‘E’ Pump Station (9352 Garner Rd) Area ‘F’ Pump Station (56826 Heritage Line) Area ‘G’ Public Works Yard (8354 Plank Rd) Area ‘H’ Straffordville Library (9366 Plank Rd) A E H D CB PLANK ROADJACKSON LINE Straffordville G HERITAGE LINE F GARNER ROADSANDYTOWN ROADEAST STREETSANDYTOWN ROADPLANK ROADGARNER ROAD 2022-2024 RFT 21-02 RESULTS SEPTEMBER 27, 2021 Company Map 1 Map 2 Map 3 Map 4 Map 5 Map 6 Map 7 Map 8 Map 9 Map 10 Map 11 Map 12 Map 13 Map 14 Provisional By-law/Hr. Swantech Industries 990 375 420 145 125 110 625 695 240 340 210 490 250 285 80 Complete Property Maintenance 1,390 320 860 215 215 230 750 550 310 300 150 750 250 150 65 Eden Property Maintenance 1920 1200 1660 180 360 180 720 300 180 300 120 300 180 120 60 Grass Master 1,525 450 600 200 250 175 600 375 250 350 200 400 250 250 50 Stoke’s Lawn Care 1,435 600 700 220 170 140 700 565 150 150 75 200 200 100 90 Company Per Cut Total Parks/Building Property Total (18 Cuts) Cemetery Total (14 cuts) (Calton 12 cuts) Grand Total ( As per Contract) Swantech $ 5,300 $ 38,970 $ 43,890 $ 82,680 Complete Property $ 6,440 $ 58,140 $ 44,940 $ 103,080 Eden Property Maintenance $ 7,720 $ 99,000 $ 31,080 $ 130,080 Grass Master $ 5,875 $ 57,600 $ 37,450 $ 95,050 Stoke’s Lawn Care $ 5,495 $ 60,030 $ 29,760 $ 89,790 A-22/21 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: S. & M. Nezezon, 56346 Tunnel Line TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-22/21). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 21st, 2021 at 6:45 pm. in the Municipal Council Chambers in Straffordville to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to permit the placement of two temporary/portable trailers on the subject lands for the purpose of accommodating supplementary farm dwelling, located at 56346 Tunnel Line, north side, east of Toll Gate Road. THE EFFECT of this variance will be to allow the permitted use of a supplementary farm dwelling in the form of two travel trailers to accommodate maximum two (2) seasonal labourers on the subject lands. Furthermore, the previous Minor Variance application A03/21, where one temporary mobile home trailer to accommodate up to five (5) seasonal labourers was proposed and the applicant was not able to acquire such trailer, is no longer in force and effect. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. *** Given the current COVID-19 legislative restrictions and limitations, land use planning meetings remain open to public comment. Please be advised that equal consideration is given to all written and oral presentations provided to the municipality at a public meeting in regards to land use planning applications. When possible please consider utilizing written correspondence. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office. DATED at the Municipality of Bayham this 7th day of October 2021. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca 1 NOTICE OF A COMPLETE APPLICATION CONCERNING A PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION (APPROVAL AUTHORITY COUNTY OF ELGIN, FILE NUMBER 34T-BY2101) AND ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: 1985763 ONTARIO INC. LOCATED AT: CONCESSION NTR, PT LOT 123; RP 11R8413 PT PART 1; AND, RP 11R8705, PART 3; 8341 SANDYTOWN ROAD, STRAFFORDVILLE TAKE NOTICE that the Municipality of Bayham has received a request from the County of Elgin (the approval authority for Plan of Subdivision approvals for the Municipality of Bayham) to provide Notice of a complete application for Draft Plan of Subdivision Application (File No. 34T-BY2101) under Section 51 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, and Application for Amendment to Zoning By-law No. Z456-2003 (File No. D13.1985763OntInc), submitted by Andrew Gilvesy of CJDL Engineering on behalf of 1985763 Ontario Inc. THE PURPOSE OF THIS NOTICE is to inform the public of the nature of the Draft Plan of Subdivision and Zoning By-law Amendment proposal. A public meeting to hear the planning merit of the application has not yet been scheduled – future notice will be provided. THE PURPOSE AND EFFECT of this Draft Plan of Subdivision will be to divide the subject parcel of land into: thirty-nine (39) single detached residential lots, to be developed in two phases (Phase 1-13 lots; Phase 2-26 lots); one storm water management block; one sanitary pumping station block; and, one road widening block. The proposed lots/blocks will be accessed by two new local streets with access to Sandytown Road and Stewart Road. The residential lots will be serviced by municipal sanitary sewage disposal system, including a proposed sanitary sewer pumping station, and private on-site water services (wells). The subject lands are designated ‘Residential’ in the Municipality of Bayham Official Plan and are zoned Holding Village Residential 1 (R1(h2)) in the Municipality of Bayham Zoning By-law No. Z456-2003. The purpose and effect of the proposed Zoning By-law Amendment is to remove the Holding Provision (h2) by way of subdivision agreement between the applicant and the Municipality. ANY PERSON may attend the (future) public meeting and/or make a written or verbal representation in support of or in opposition to the proposed Draft Plan of Subdivision. IF A PERSON OR PUBLIC BODY does not make oral submissions at the public meeting or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body is not entitled to appeal the decision of Elgin County to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at the public meeting or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the decision to adopt the proposed draft plan of subdivision, you must make a written request to the County of Elgin, c/o Nancy Pasato, Manager of Planning, at 519-631-1460 or npasato@elgin.ca or visit the County website at https://www.elgincounty.ca. The County Office is located at 450 Sunset Drive, St. Thomas, ON, N5R 5V1. FOR ADDITIONAL INFORMATION about this matter, including information about preserving your appeal rights, contact the Municipal Office (contact information below) or Elgin County (contact information above). The following reports are available for inspection at the Municipal office from Monday to Friday, between 8:30 A.M. and 4:30 P.M.:  Planning Rationale Report prepared by Elder Plans Inc., dated August 2021.  Archeological Assessment, Stage 1 & 2 and supporting documents prepared by Wood Environment & Infrastructure Solutions, dated November 19, 2020.  Traffic Impact Study prepared by Paradigm Transportation Solutions Limited, dated August 2021.  Hydrological Assessment prepared by Wilson Associates Limited, dated January 21, 2021.  Preliminary Functional Servicing and Storm Water Management Report prepared by CJDL Limited, dated September 17, 2021. Dated at the Municipality of Bayham this 13th day of October 2021. 2 Proposed Draft Plan of Subdivision (copy; size reduced from original) Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z734-2021 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z734-2021 on the 7th day of October 2021 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 28th day of October, 2021 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is to change the zoning regulations on 3.8 ha (9.4 acres) of land to permit an accessory building of 257.8 m² (2775 sq.ft) whereas the maximum permitted accessory building area is 55.0 m² (592.0 sq.ft.) on a lot with an area of 3.8 ha (9.3 acres) located in an Estate Residential (ER) zone in Zoning By-law Z456-2003. The subject lands are located at 8875 Culloden Road, west side, north of Heritage Line. THE EFFECT of this By-law will be to permit an oversized accessory building for use as a workshop, personal vehicle maintenance and storage of personal and recreation vehicles. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 8TH DAY OF OCTOBER 2021. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, P.O. Box 160. Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca COUNCIL RESOLUTION f.'u 'tiL { 1 :) ' SJ It~f\I j \I l Resolution No.: Date: Sep 14, 2021 THAT Council hereby supports the attached resolution from the Municipality of Chatham-Kent regarding a motion to support affordable internet, dated August 11, 2021; and BE IT RESOLVED that a copy of this resolution be forwarded to the Premier of Ontario Honourable Justin Trudeau, Minister of Innovation, Science and Industry Francois-· Philippe Champagne, Ontario Minister of Municipal Affairs Steve Clark, local MP's and MPP's, the Federation of Canadian Municipalities, the Association of Municipalities Ontario, and all other Ontario municipalities. ~rried D Defeated DAmended D Deferred Page 20 of 26 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of September 1, 2021 Approved October 6, 2021 The Board of Directors Meeting was held at the LPRCA Administration Office, Tillsonburg on Wednesday, September 1, 2021. Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Kristal Chopp Norfolk County Valerie Donnell Municipality of Bayham/Township of Malahide Ken Hewitt Haldimand County Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: None Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services David Proracki, Water Resources Analyst Nicole Sullivan, HR Associate/Reception Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, September 1, 2021. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest K. Hewitt declared a conflict with regard to Item 8 b) New Development Applications LPRCA-196/20. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 4. Minutes of the Previous Meeting a) Board of Directors Meeting July 7, 2021 There were no questions or comments. A-90/21 Moved by T. Masschaele Seconded by Kristal Chopp That the minutes of the LPRCA Board of Directors Meeting held July 7, 2021 be adopted as circulated. CARRIED 5. Business Arising There was no business arising from the previous minutes 6. Review of Committee Minutes a) Lee Brown Marsh Management Committee Meeting of March 12, 2021 A-91/21 Moved by D. Beres Seconded by S. Patterson That the minutes of the Lee Brown Marsh Management Committee meeting of March 12,2021 be approved as circulated. CARRIED Correspondence a) Conservation Ontario letter to the Honourable David Puccini, MECP b) Conservation Ontario suggested solutions to proposed Provincial Regulatory Changes c) LPRCA response to ERO Posting 019-2988 Regulatory Proposal d) Honourable Lisa Thompson Re: Updates to the Drainage Act e) Brant County – Good Forestry Practices By-law A-92/21 Moved by K. Hewitt Seconded by J. Scholten That the correspondence outlined in the Board of Directors Agenda of September 1, 2021 be received as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - 7. Development Applications a) Staff Approved applications Thirty-five applications were approved through the General Manager’s delegated authority in the past month. LPRCA-35/21, LPRCA-144/21, LPRCA-150/21 - revised, LPRCA-155/21, LPRCA- 156/21, LPRCA-157/21, LPRCA-158/21, LPRCA-160/21, LPRCA-161-18, LPRCA-162/21, LPRCA-163/21, LPRCA-164/21, LPRCA-165/21, LPRCA-166/21, LPRCA-167/21, LPRCA-168/21, LPRCA-169/21, LPRCA-171/21, LPRCA-172/21, LPRCA-173/21, LPRCA-174/21, LPRCA-175/21, LPRCA-176/21, LPRCA-177/21, LPRCA-178/21, LPRCA-179/21, LPRCA-181/21, LPRCA-182/21, LPRCA-183/21, LPRCA-188/21, LPRCA-189/21, LPRCA-190/21, LPRCA-191/21, LPRCA-192/21 and LPRCA-193/21. All of the staff approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. LPRCA-165/21 is located in Charlotteville not Windham as indicated in the report. A-93/21 Moved by I. Rabbitts Seconded by K. Hewitt That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED b) New applications The Planning Department staff recommended four applications for approval. The applications consisted of four residential structures. A-94/21 Moved by P. Ypma Seconded by I Rabbitts THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of this report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-185/21 LPRCA-196/21 LPRCA-194/21 LPRCA-197/21 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA’s mandate and related Regulations. CARRIED 8. New Business a) General Manager’s Report The General Manager provided an overview of operations. The Audit and Finance committee met July 26th and since then staff have been working with the investment advisor to seek opportunities to achieve greater investment returns. Options will be presented to the Audit and Finance committee at their next meeting. The campgrounds continue to gain additional seasonal campers, specifically at Haldimand Conservation Area. It has been a difficult year in recruiting and turnover of seasonal staff at the parks. The culvert crossing Dedrick Creek at Backus Heritage Conservation Area washed out after an isolated storm. Campers in Campground A were evacuated and the area remains closed. Staff is working to secure emergency repair permits to replace the culvert. Phragmites control on two LPRCA properties will be completed this month. A-95/21 Moved by R. Chambers Seconded by V. Donnell That the LPRCA Board of Directors receives the General Manager’s Report for July and August 2021 as information. CARRIED b) 2nd Quarter Financial Report Revenues to June 30, 2021 represent 64.7% of the annual budget and expenditures 44.8%. The campgrounds were opened to seasonal campers as of May 1 and nightly camping opened June 11, 2021. Camping revenues are up compared to 2020 as expected due to 2020’s COVID restrictions. Seasonal fees have exceeded the 2021 budget and the nightly fees are projected to come under budget by 5-10%. The Forestry department FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - awarded all three of their planned tenders and revenues have exceeded the 2021 budget target of $300,000. Overall, the Authority is in a favourable position. A-96/21 Moved by V. Donnell Seconded by J. Scholten THAT the LPRCA Board of Directors receives the Q2 Financial Report – June 30, 2021 for the period up to and including June 30, 2021 as information. CARRIED c) Deer Creek Dam – Concrete Repairs The dam at Deer Creek was inspected in 2014 which identified potential concerns. Concrete repairs are required and will be completed this fall or next year depending on fish timing windows as per the Department of Fisheries and Oceans (DFO). A Request for Tender (RFT) was posted and one bid was received. The project is within budget. A-97/21 Moved by D. Beres Seconded by R. Chambers THAT the LPRCA Board of Directors accepts the bid submitted by Watech Services Inc. for construction services to undertake concrete repairs of the Deer Creek Dam at a total cost of $179,630.57. CARRIED 9. Closed Session A-98/21 Moved by J. Scholten Seconded by P. Ypma  Litigation or potential litigation, including matters before administrative tribunals (e.g. Local Planning Appeal Tribunal), affecting the Authority; CARRIED The board convened in closed session. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - A-99/21 Moved by I. Rabbitts Seconded by T. Masschaele That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED The Board approved the closed session minutes of July 7, 2021. 11. Adjournment The Chair adjourned the meeting at 7:10 p.m. _______________________________ ________________________________ Michael Columbus Judy Maxwell Chair General Manager/Secretary-Treasurer /dm 1 Draft Minutes ELGIN GROUP POLICE SERVICES BOARD August 18, 2021 The Elgin Group Police Services Board met in the Community Room at the Elgin County Detachment Office, 42696 John Wise Line with the following in attendance: Sally Martyn, Chair Ida McCallum, Vice-Chair Dan Froese, Board Member Trudy Kanellis, Provincial Member David Jenkins, Provincial Member Inspector Mark Loucas, Detachment Commander Julie Gonyou, Secretary/Administrator Jenna Fentie, Legislative Services Coordinator Carolyn Krahn, Legislative Services Coordinator Call to Order: The Chair called the meeting to order at 2:00 p.m. Adoption of Minutes: Moved by: Dave Jenkins Seconded by: Ida McCallum Resolved that the minutes of the meeting held on May 19, 2021 be adopted. - Motion Carried. Disclosure of Pecuniary Interest and the General Nature Thereof: None. Reports: 1) 2021 OAPSB Spring Conference Summary – Trudy Kanellis Trudy Kanellis provided a summary of the 2021 OAPSB Spring Conference. Moved by: Ida McCallum Seconded by: Dan Froese Resolved that the May 30th, 2021, report titled, Ontario Association of Police Services Boards (OAPSB) Spring Conference 2021, submitted by Trudy Kanellis, Board Member, be received and filed for information. - Motion Carried. 2 2) Board Compensation Review – Legislative Services Coordinator The Legislative Services Coordinator presented the results of the OAPSB Zone 6 Police Services Board Compensation Survey and recommended that board member compensation be revisited once the Elgin Group Police Services Board submission to the Ministry of the Solicitor General is approved and a new board is formed. Moved by: Trudy Kanellis Seconded by: Dave Jenkins Resolved that the report from the Secretary-Administrator, dated August 12, 2021, be received and filed; And that member compensation be reviewed and/or adjusted as part of the 2022 Budget. - Motion Carried. 3) Detachment Commander’s Quarterly Report The Detachment Commander provided statistics on public complaints; crime abatement strategy; patrol hours; violent, property, and drug crimes; and collisions for the period of April to June 2021. Moved by: Trudy Kanellis Seconded by: Ida McCallum Resolved that the report be received and filed. - Motion Carried. Correspondence: 1) OAPSB Zone 6 Notice of Meeting – September 28, 2021 Moved by: Dan Froese Seconded by: Dave Jenkins Resolved that Correspondence Item #1 be received and filed. - Motion Carried. Other Items: None. 3 New Business: Ida McCallum asked whether patrol hours will increase considering the rise in development across the County. Inspector Loucas noted that currently the OPP is above the provincial average for front line availability. Inspector Loucas will review potential patrol hours related to population projections and will provide more information at a future meeting. Next Meeting: The next Elgin Group Police Services Board meeting will be held on Wednesday, November 17 at 2:00 p.m. Adjournment: Moved by: Dave Jenkins Seconded by: Trudy Kanellis Resolved that we do now adjourn at 2:30 p.m. - Motion Carried. _______________________________ ________________________________ Julie Gonyou, Secretary/Administrator. Sally Martyn Chair. , REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: October 21, 2021 REPORT: TR-14/21 SUBJECT: 2021 Q3 Variance Report BACKGROUND The Q3 (third quarter) financial reports are provided for Council’s fiduciary review. This report provides a summary of current revenue and expenditure to September 30th, 2021 and variances to the Operating Budget and Capital Budget. The Operating Budget and Capital Budget is at expected levels given the cyclical nature of operations and as the province works through the 4th wave of Covid-19. CONCLUSION: Capital expenses have commenced in all departments with several projects close to or completed. In addition the 2022-2031 Capital budget being adopted in principle at the October 5, 2021 Special Council meeting has allowed department managers to begin securing competitive pricings and availability of service providers in this current environment. ATTACHMENTS: 1. Appendix A: 2021 Q3 Operating Revenue & Expense Variance Report 2. Appendix B: 2021 Q3 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-14/21 re 2021 Q3 Variance Report be received for information. Respectfully submitted, Reviewed by, __________________________ __________________________ Lorne James, CPA, CA Thomas Thayer, CAO|Clerk 2021 2021 % Actuals Budget Consumed General Government Liability Reserve Transfer 15,000$ 15,000$ 100%complete Guarantorship Loan Transfer 100,000$ 100,000$ 100%complete Election Reserve Transfer 10,000$ 10,000$ 100%complete Working Capital Transfer 10,000$ 10,000$ 100%complete Fire Fire Equipment Reserve Transfer 160,000$ 160,000$ 100%complete Roads Light Line Bridge 109,856$ 225,000$ 49% Godby Road Bridge 143,139$ 200,000$ 72% Mitchell Road 138,192$ 140,000$ 99%complete Teal Nevill Road 55,236$ 65,000$ 85%complete Murray Road 26,853$ 235,000$ 11%Coyle Road 60,788$ 75,000$ 81%complete Baynor/Eden Road 160,772$ 255,000$ 63% Sidewalks 103,006$ 100,000$ 103%complete Road Signs 1,680$ 5,000$ 34%Guardrails 10,000$ 0% Front End Loader 193,853$ 200,000$ 97%complete Generator/Security Camera 53,432$ 50,000$ 107%complete ICIP - Vienna Sidewalks 92,602$ 107,198$ 86%completeWater Waster Water System Equipment 45,000$ 0% Influent Auger Replacement 25,425$ 20,000$ 127% VFD PS#5 & #6 34,000$ 0% Parks Quality of Place Initiatives 59,500$ 0% Beach Amenities 10,000$ 0% Facilities Musuem HVAC 9,347$ 10,000$ 93%complete Municipality of BayhamAppendix B: 2021 Q3 Capital Expense Variance Report Municipality of Bayham DRAFT COVID-19 Vaccination Verification Policy Section 1 - Background The Corporation of the Municipality of Bayham has an obligation under Provincial legislation to take all necessary precautions reasonable in the circumstances to protect the health and safety of its workforce and members of the public from the hazard of COVID-19, and is committed to providing excellent service to our community and to building trust and confidence in local government. A key element to ensuring this protection is putting in place a program requiring that all Employees, Members of Council and Council appointed Committees, staff of contractors and consultants acting on behalf of the Corporation and performing work in Municipal facilities and/or buildings, interns, and students are fully immunized against COVID-19 or regularly tested for COVID-19. The Municipality of Bayham considers vaccinations to be fundamental to the protection of individuals and the community. This policy is in line with Public Health guidance and supports the direction that vaccines provide a high level of protection against COVID-19 and related variants. Getting both doses of the COVID-19 vaccine and any subsequent recommended boosters is the best defense against the virus, including variants. The Province of Ontario announced that beginning September 22, 2021, proof of COVID-19 vaccination will be required to access certain public settings and facilities. This policy aims to achieve full vaccination amongst Municipal Employees in alignment with provincial directives and subject to limited exceptions in accordance with the Human Rights Code (Ontario). Vaccination, in combination with health and safety precautions, have been identified by Public Health as the single most effective means of reducing the transmission of COVID-19 in the workplace and in our community. Individuals who are unvaccinated are at higher risk of contracting and transmitting COVID-19 in our workplace and in the community. In addition to the current health and safety precautions (personal protective equipment, daily health screening, mandatory masking, social distancing, hand hygiene, enhanced cleaning, etc.), which will be maintained and revised in accordance with Public Health guidance, the Municipality of Bayham requires all active Employees, staff of contractors and consultants acting on behalf of the Corporation and performing work in Municipal facilities and/or buildings, interns, and students on placements to select one of the following options:  Vaccination with proof of vaccination  Not vaccinated, but in progress to complete vaccination Mandatory rapid testing is required one (1) time per week with a maximum of seven (7) calendar days in between testing until proof of full vaccination is provided in accordance with vaccine administration guidelines.  Not vaccinated due to a medical accommodation Physician or Nurse Practitioner note is required. Mandatory rapid testing is required one (1) time per week with a maximum of seven (7) calendar days in between testing, and will be provided by employer.  Not vaccinated Mandatory rapid testing is required one (1) time per week with a maximum of seven (7) calendar days in between testing, as well as completion of an education program. These conditions will be required to occur outside of working hours, at the expense of the Employee.  Decline to Disclose Vaccination Status Mandatory rapid testing is required one (1) time per week with a maximum of seven (7) calendar days in between testing, as well as completion of an education program. These conditions will be required outside of working hours, at the expense of the Employee. The policy is indefinite in nature to address the risks and impacts of the COVID-19 pandemic, noting the duration of the pandemic is unknown. The policy will be reviewed on a regular basis and amended as required as new information, data, and Public Health guidance regarding the COVID-19 pandemic evolves. Section 2.0 - Purpose The purpose of the COVID-19 Vaccination Policy is to provide guidelines pertaining to the expectations and requirements the Municipality of Bayham has of Employees, Members of Council and Members of Council appointed Committees, contractors, volunteers, and students (interns and students on placements), with respect to COVID-19 and vaccinations. Section 3.0 - Legislative Framework • Occupational Health and Safety Act, R.S.O. 1990, c.0.1 • Human Rights Code, R.S.O. 1990, c.H.19 (“Ontario Human Rights Code”) • Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990 c. M.56 (“MFIPPA”) • Personal Health Information Protection Act, 2004, R.S.O. 2004, c. 3, Sched. A (“PHIPA”) Section 4.0 - Applicability This policy applies to: • Municipality of Bayham Employees, including full-time, part-time, permanent, temporary, and casual staff; • Members of Bayham Council and Members of Council appointed Committees required to enter a Municipal facility and/or building; • Staff of contractors and consultants acting on behalf of the Municipality and performing work in Municipal facilities and/or buildings; • Volunteers, including volunteer firefighters; and • Interns and students on placements. All new or rehired Municipality of Bayham Employees, including returning Seasonal and Student Employees, are required to be fully vaccinated, including any required vaccine boosters, against COVID-19 as a condition of hire by the Municipality of Bayham. The Municipality of Bayham also reserves the right to amend this policy as the Municipality determines to be appropriate or required. Section 5.0 - Definitions Attestation of a medical reason(s) of Ontario Human Rights Code reason(s) – means a written statement that sets out that the person cannot be vaccinated against COVID-19. COVID-19 - a virus belonging to a large family called coronavirus which includes the virus that causes the common cold and more severe disease such as Severe Acute Respiratory Syndrome (SARs) and Middle East Respiratory Syndrome (MERS-COV). The virus that causes COVID-19 is a novel coronavirus, named SARS-CoV-2. Educational Program - an educational program that has been approved by and/or provided by the Municipality of Bayham and addresses the following learning components: • How COVID-19 vaccines work • Vaccine safety related to the development of the COVID-19 vaccines • Benefits of vaccination against COVID-19 • Risks of not being vaccinated against COVID-19 • Possible side effects of COVID-19 vaccination Employees – means Municipality of Bayham employees, including full-time, part-time, permanent, temporary, and casual staff. Fully Vaccinated – means having received the full series of COVID-19 vaccine or a combination of COVID-19 vaccines approved by Health Canada; and having received the final dose of the COVID-19 vaccine at least 14 days ago. Individuals – means Members of Bayham Council and Members of Council appointed Committees required to enter a Municipal facility and/or building; Staff of contractors and consultants acting on behalf of the Corporation and performing in Municipal facilities, and buildings; volunteers, including volunteer firefighters; and, Interns and students on placements. Proof of Medical Exemption - written proof of a medical reason, provided by a physician or nurse practitioner in the extended class that sets out: (i) a documented medical reason for not being fully vaccinated against COVID-19, and (ii) the effective time-period for the medical reason. Proof of Vaccination - documentation issued by the Ontario Ministry of Health, other province or territory or international equivalent indicating individual immunization status against the COVID-19 virus. Individuals can download copies of their vaccination documentation at this link: covid19.ontariohealth.ca. If the individual has a red and white health card, call 1-833-943-3900. Vaccine - for the purposes of this Policy, a Vaccine is defined as a substance used to stimulate the production of antibodies and provide immunity against SARS-CoV-2. Vaccines approved by Health Canada are as follows: • Pfizer-Biotech COVID-19 vaccine • Moderna COVID-19 vaccine • Janssen (Johnson and Johnson) COVID-19 vaccine • AstraZeneca/COVISHIELD COVID-19 vaccine Section 6.0 - Continued Compliance with All Health and Safety Precautions Unless a legislated or regulatory exemption applies, all Municipality of Bayham Employees are expected and required to continue to comply with all applicable health and safety measures to reduce the hazard of COVID-19, including but not limited to compliance with established workplace access controls (e.g. screening), wearing a mask or face covering, using provided Personal Protective Equipment (PPE), maintaining appropriate physical distancing and self-monitoring of potential COVID-19 symptoms when at work or otherwise engaged in Municipal business. The applicable Health and Safety measures are outlined in the Municipality of Bayham’s COVID-19 Workplace Health and Safety Guidelines. Section 7.0 - Responsibilities All levels of management are responsible for the administration of this Policy. Management/Supervisors are expected to: • Lead by example; • Submit Proof of Vaccination and meet the requirements outlined in this policy; • Ensure Employees have submitted proof of their vaccination status, as outlined in this policy; • Ensure Employees complete any required education or training about COVID-19, including regarding vaccinations and safety protocols; and, • Continue to enforce workplace precautions that limit the spread of COVID-19 virus. Employees are expected to: • Continue to follow all health and safety policies and protocols to ensure personal safety and prevent the spread of COVID-19 before and after vaccination; • Submit proof of vaccination status, Rapid Antigen Test results or an approved exemption, and meet the requirements outlined in this policy; • Follow direction provided by the employer in cases where Rapid Antigen Testing identifies a positive case including completion of a laboratory-based polymerase chain reaction (PCR) test; • Complete any required Educational Program or training about COVID-19, including regarding vaccinations and safety protocols; • Adhere to any additional mandates or directives or reporting requirements from provincial or federal authorities; and, • If additional booster doses of the COVID-19 vaccine are required, ensure subsequent doses are also received. Individuals are expected to: • Continue to follow all health and safety policies and protocols to ensure personal safety and prevent the spread of COVID-19 before and after vaccination; • Submit proof of vaccination status, Rapid Antigen Test results or an approved exemption, and meet the requirements outlined in this policy; • Follow direction provided by the Municipality of Bayham in cases where Rapid Antigen Testing identifies a positive case including completion of a laboratory-based polymerase chain reaction (PCR) test; • Adhere to any additional mandates or directives or reporting requirements from provincial or federal authorities; and, • If additional booster doses of the COVID-19 vaccine are required, ensure subsequent doses are also received. All Municipal Employees are required to create and foster a work environment free from harassment and disrespectful behaviour, as outlined in the Municipality of Bayham’s Personnel Policy and other applicable Municipal policies. Section 8.0 - Procedure Municipality of Bayham Employees, including full-time, part-time, permanent, temporary, and casual staff; and Members of Council and Members of Council appointed Committees required to enter a Municipal facility and/or building; Staff of contractors and consultants acting on behalf of the Corporation and performing in Municipal facilities, and buildings; volunteers (including volunteer firefighters); and, Interns and students on placements will be required to select one of the following options and the following procedure(s) will apply: 8.1 Vaccination with proof of vaccination • The Municipality of Bayham requires all Employees and Individuals to whom the policy applies to disclose their COVID-19 vaccination status through a confidential Vaccine Declaration Form. The only acceptable proof of vaccination is the receipt or other documentation provided by the Ministry of Health/Public Health, or equivalent out-of-province health body to the person who was vaccinated. • Employees must disclose their vaccination status to the Municipality of Bayham in accordance with the established process by no later than Monday, November 22, 2021. Individuals must disclose their vaccination status to the Municipality prior to entering a Municipal facility and/or building. 8.2 Not vaccinated, but in progress to complete vaccination • Employees and Individuals who, by Monday, November 22, 2021, disclose that they have not received two doses of COVID-19 vaccine (or a single dose in the case of a single dose vaccine series), but have disclosed they are in progress to complete vaccination must participate in mandatory Rapid Antigen Testing one (1) time per week with a maximum of seven (7) calendar days between testing, until proof of full vaccination is provided; • Employees and Individuals must provide verification of the negative Rapid Antigen Test result in a manner that enables the Municipality of Bayham to confirm the results at its discretion; and, • Rapid Antigen Testing will be available at no charge for those Employees and Individuals who have scheduled their second dose of the COVID-19 vaccination in accordance with vaccine administration guidelines. 8.3 Not vaccinated due to a medical accommodation • Provide Proof of Medical Exemption; • Employees and Individuals must participate in mandatory Rapid Antigen Testing one (1) time per week with a maximum of seven (7) calendar days between testing, until proof of full vaccination is provided; • Employees and Individuals must provide verification of the negative Rapid Antigen Test result in a manner that enables the Municipality of Bayham to confirm the results at its discretion. In cases where testing identifies a positive case, or where a negative result cannot be confirmed by the Municipality of Bayham, Employees will be directed to stay home utilizing sick time or unpaid/personal time until verification in a manner that enables the Municipality of Bayham to confirm their ability to return to work is provided prior to attending the workplace in accordance with the Municipality of Bayham COVID-19 Safety Plan and Individuals will not be permitted to enter Municipal buildings and/or facilities; and, • Rapid Antigen Tests will be supplied by the Municipality for Employees and Individuals who have submitted the required documentation for medical exemption from receiving the vaccination. If an Employee has a medical reason for not being vaccinated now or in the future, it is the Employee’s responsibility to contact their Supervisor/Manager/Director to provide a letter to take to their attending physician. Each case will be considered on its own facts, in accordance with any applicable legal obligations under the Human Rights Code. The Municipality will require Proof of Medical Exemption that sets out at least the following: • That the Employee or Individual cannot be vaccinated against COVID-19; and • The general nature of the medical reason why the Employee or Individual cannot be vaccinated and confirmation that this is a genuine medical condition and not simply the patient’s preference or self-evaluation; and, • The effective time period for the medical reason (i.e., permanent or time-limited). This medical information received is to be submitted to and retained by the CAO|Clerk in a confidential file. The Municipality will work with the Employee or Individual to determine whether and how they may be accommodated, as required, in accordance with the Human Rights Code (Ontario). Without limitation, such measures for Employees may include changes to work assignments, work location, as well as regular paid Rapid Antigen Testing. note: These conditions may also be increased following further consultation with Public Health. 8.4 Not vaccinated The following conditions will be required to occur outside of working hours for Employees: • Employees who, by Monday, November 22, 2021, disclose that they have not received two doses of COVID-19 vaccine (or a single dose in the case of a single dose vaccine series), or who have not disclosed their vaccination status as required, shall attend Mandatory training / Educational Program (*); • Employees and Individuals must participate in mandatory Rapid Antigen Testing one (1) time per week with a maximum of seven (7) calendar days between testing, until proof of full vaccination is provided; by means as determined appropriate by the Municipality of Bayham, in consultation with Public Health, until such time as they are considered fully immunized; • Rapid Antigen Testing will be supplied by the Municipality between November 22, 2021 and December 31, 2021 for those Employees or Individuals who have chosen not to be vaccinated. After December 31, 2021, if an Employee or Individual has chosen not to be vaccinated, without Proof of Medical Exemption (noted above), the Employee shall pay for each Rapid Antigen Test. The time required to receive a Rapid Antigen Test will be unpaid time/personal time for the Employee or Individual, and mileage will not be paid if travel is required to receive the test; • Employees and Individuals must provide verification of the negative Rapid Antigen Test result in a manner that enables the Municipality of Bayham to confirm the results at its discretion. In cases where testing identifies a positive case, or where a negative result cannot be confirmed by the Municipality of Bayham, Employees will be directed to stay home utilizing sick time or unpaid/personal time until verification in a manner that enables the Municipality of Bayham to confirm their ability to return to work is provided prior to attending the workplace in accordance with the Municipality of Bayham COVID-19 Safety Plan and Individuals will not be permitted to enter Municipal buildings and/or facilities; and, • Employees must undertake mandatory training/Educational Program (*). (*) Mandatory training/Educational Program sessions outside of working hours which addresses the following: • How COVID-19 vaccines work; • Vaccine safety related to the development of the COVID-19 vaccines; • The benefits of vaccination against COVID-19; • The risks of not being vaccinated against COVID-19; and, • Possible side effects of COVID-19 vaccination. note: These conditions may also be increased following further consultation with Public Health. 8.5 Decline to Disclose Vaccination Status The following conditions will be required to occur outside of working hours for Employees: • After Monday, November 22, 2021, Employees and Individuals must participate in Rapid Antigen Testing conducted at interval frequency/location(s) and/or by means, as determined appropriate by the Municipality of Bayham, in consultation with Public Health, until such time as they are considered fully immunized; • Employees and Individuals must participate in mandatory Rapid Antigen Testing one (1) time per week with a maximum of seven (7) calendar days between testing, until proof of full vaccination is provided; by means as determined appropriate by the Municipality of Bayham, in consultation with Public Health, until such time as they are considered fully immunized; • Rapid Antigen Testing will be supplied by the Municipality between November 22, 2021 and December 31, 2021 for those Employees or Individuals who decline to disclose their vaccination status. After December 31, 2021, an Employee or Individual that declines to disclose vaccination status, without Proof of Medical Exemption (noted above), shall pay for each Rapid Antigen Test. The time required to receive a Rapid Antigen Test will be unpaid time/personal time for the Employee or Individual, and mileage will not be paid if travel is required to receive the test; • Employees and Individuals must provide verification of the negative Rapid Antigen Test result in a manner that enables the Municipality of Bayham to confirm the results at its discretion. In cases where testing identifies a positive case, or where a negative result cannot be confirmed by the Municipality of Bayham, Employees will be directed to stay home utilizing sick time or unpaid/personal time until verification in a manner that enables the Municipality of Bayham to confirm their ability to return to work is provided prior to attending the workplace in accordance with the Municipality of Bayham COVID-19 Safety Plan and Individuals will not be permitted to enter Municipal buildings and/or facilities; and, • Employees must undertake mandatory training/Educational Program (*). (*) Mandatory training/Education Program sessions outside of working hours which addresses the following: • How COVID-19 vaccines work; • Vaccine safety related to the development of the COVID-19 vaccines; • The benefits of vaccination against COVID-19; • The risks of not being vaccinated against COVID-19; and, • Possible side effects of COVID-19 vaccination. note: These conditions may also be increased following further consultation with Public Health. 8.6 Additional Testing The Municipality of Bayham reserves the right to require Rapid Antigen Testing of any Employee or Individual at any time on a reasonable basis. Section 9.0 - Accommodations Employees requiring any further Ontario Human Rights Code accommodations under this policy may request accommodations by advising their Supervisor/Manager/Director. Individuals requiring any further Ontario Human Rights Code accommodations under this policy may request accommodations by advising their Supervisor/Manager/Director. The Municipality of Bayham is committed to fulfilling its obligations under the Ontario Human Rights Code. Section 10.0 - Inactive Employees Inactive Employees who are on a leave of absence are not required to comply with s.8.0 so long as they remain on a leave of absence. Employees must comply with this policy prior to returning to work. The applicable Supervisor/Manager/Director will send information to inactive Employees. Section 11.0 - COVID-19 Screening Regardless of vaccination status, all active Employees, Members of Council or Council appointed Committees, staff of contractors and consultants acting on behalf of the Corporation and performing work in Municipal facilities and/or buildings, volunteers (including volunteer firefighters), interns, and students on placements shall: a.) Complete daily screening for COVID-19 symptoms prior to attending any Municipal facilities and/or buildings; b.) Be tested for COVID-19 where persons fail screening (provincial COVID-19 self-assessment or Municipality of Bayham COVID-19 self-assessment, or Municipal facility active screening) and be restricted from entering the Municipal building and/or facility; and c.) Provide verification in a manner that enables the Municipality of Bayham to confirm their ability to return to work or enter the Municipal building and/or facility prior to attending the workplace in accordance with the Municipality of Bayham COVID-19 Workplace Health & Safety Guidelines. Section 12.0 - Collection of Information and Privacy Considerations The Municipality of Bayham will maintain vaccination disclosure information, including documentation verifying receipt of a vaccination series approved by Health Canada or the World Health Organization, in accordance with privacy principles and any applicable legislation including the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA) and the Personal Health Information Protection Act (PHIPA). This information will be retained by the CAO|Clerk, and will only be used to the extent necessary for implementation of this policy, for administering health and safety protocols, and infection and prevention control measures in the workplace. Employees or Individuals may also be required to disclose their vaccination status by law or to otherwise give effect to this policy, including, but not limited to, situations where Employees or Individuals are directed to stay home as a result of the daily screening tool in order to comply with the clearance criteria to return to the office (e.g. after experiencing symptoms, a COVID-19 exposure, or a travel quarantine exemption) or enter a Municipal building and/or facility. Section 13.0 - New or Rehired Employees All new or rehired Employees must provide the required proof of vaccination to HR prior to commencing their employment, engagement, assignment, or placement. This policy shall form one of the conditions of employment which new Employees accept as part of an offer of employment into such positions. Individuals can download copies of their vaccination documentation at this link: covid19.ontariohealth.ca. If the individual has a red and white health card, call 1-833-943-3900. Section 14.0 - Ongoing Monitoring / Assessment of COVID-19 Workplace Safety Measures The Municipality of Bayham will continue to closely monitor its COVID-19 risk mitigation strategy and the evolving health information and context, to ensure that it continues to optimally protect the health and safety of its Employees in the workplace, contractors, students, elected officials and the public that they serve. To that end, and in consultation with Public Health and occupational health and safety resources, the Municipality will continue to assess other available workplace risk mitigation measures. If it is determined that additional precautions are necessary, the Municipality of Bayham may decide to deploy new measures (including at an individual level) to protect Employees, contractors, students, and elected officials and the public from COVID-19, and may amend this policy accordingly and/or communicate the required precautions to impacted Employees. Section 15.0 - Consequences of Non-Compliance with Policy Employees who fail to comply with this policy will be subject to progressive disciplinary action up to and including termination. Section 16.0 - Provincial Legislation The Municipality of Bayham has a legal duty under the Occupational Health and Safety Act (OHSA) to take reasonable precautions to protect workplace health and safety, including hazards posed by infectious disease such as COVID-19 and associated variants. Section 17.0 - Training All Employees and Individuals to whom this policy applies will have this policy shared with them on, or as soon as possible following, the effective date of this policy. All new Employees, Council appointed Committee Members, staff of contractors, consultants, volunteers (including volunteer firefighters), interns and students on placements will have the policy shared with them prior to commencement of first day of employment or entering a Municipal building and/or facility, where possible. Employees and Individuals will be required to acknowledge that they have read and understood the policy. Any questions about this policy can be directed to their Supervisor/Manager/Director. Section 18.0 - Policy Implementation Implementation of this policy will be in accordance with applicable Council and/or Corporation by-laws, policies and procedures, legislation, and collective agreement provisions. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-057 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDMENT TO AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND AUTOFORM CONTRACTING LONDON LTD. WHEREAS the Council of The Corporation of the Municipality of Bayham previously executed Agreement No. 0559 with Autoform Contracting London Ltd. dated September 17, 2015 and approved by By-law No. 2015-101 and further amended by By-law No. 2017-049 for the provision of sidewalk removal and replacement services; AND WHEREAS the parties wish to replace “Appendix “A” to Agreement No 0599 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 replace Appendix “A” to Agreement No. 0559 attached hereto and forming part of this by-law between Autoform Contracting London Ltd. and The Corporation of the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF OCTOBER 2021. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-058 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND GUILD ELECTRIC LIMITED WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Guild Electric Limited for the provision of line painting services within the Municipality of Bayham NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between Guild Electric Limited and The Corporation of the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF OCTOBER 2021. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-059 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND UNDERHILL TRUCKING WHEREAS the Council of The Corporation of the Municipality of Bayham is desirous of entering into an agreement with Underhill Trucking for various works associated with construction and operational maintenance activities at the discretion of the Manager of Capital Works/Manager of Public Works; 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 Underhill Trucking and The Corporation of the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF OCTOBER 2021. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2021-061 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD OCTOBER 21, 2021 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 Council meeting held October 21, 2021 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 21st day of October, 2021. ____________________________ _____________________________ MAYOR CLERK