HomeMy WebLinkAboutJanuary 06, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, January 6, 2022 7:00 p.m.
The January 6, 2022 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
A.Tracey Arts and Laura Fraser of Elgin Federation of Agriculture re Importance of PreservingFarmland in Elgin County
6.ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A.Council Meeting held December 16, 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
A.Report FR-01/22 by Harry Baranik, Fire Chief|By-law Enforcement Officer re FireCommunications Agreement and Equipment
2022 Council Agenda January 6, 2022
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10.DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A.Notice of Passing of Zoning By-Law No. Z735-2021 W. Anderson and P. Smith, 9743
Plank Road
10.1.2 Requiring Action
10.2 Reports to Council
A.Report DS-01/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Site Plan
Agreement – Lighthouse Gospel Church Trustees By-law No. 2022-002
B.Report DS-02/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Draft Plan
of Subdivision Application – 34T-BY2101 Sandytown Road, Straffordville
11.FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A.Town of Fort Erie re City of St. Catharines’ Resolution – National Childcare Program
B.Town of Bradford West Gwillimbury re Motion Against Quebec’s Bill 21
C.Suzanne Schlotzhauer re Port Burwell Stormwater Drainage System Upgrades
D.Multi-Municipal Wind Turbine Working Group re Wind Turbine Failures
E.Southwestern Public Health re Southwestern Public Health Rescinds Letter of Instructionfor Reinstating Capacity Limits
11.1.2 Requiring Action
A.Suzanne Schlotzhauer re Continued Livestreaming of Council Meetings and Making
Recordings Publically Available for Viewing at Leisure
B.Poplar Ridge Riders Snowmobile Club re Snowmobile Trail through Vienna
11.2 Reports to Council
A.Report CAO-01/22 by Thomas Thayer, CAO|Clerk re Procedural By-law
12.BY-LAWS
A. By-law No. 2022-002 Being a by-law to authorize the execution of a Site Plan
Agreement between Lighthouse Gospel Church Trustees and The Corporation of the
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Municipality of Bayham (This by-law follows the recommendation in Report DS-01/22 by
Margaret Underhill, Deputy Clerk|Planning Corordinator during the regular meeting of
January 6, 2022)
B.By-Law No. 2022-003 Being a by-law to adopt Rules of Procedure (This by-law follows
the recommendation in Report CAO-01-22 by Thomas Thayer, CAO|Clerk during theregular meeting of January 6, 2022)
C.By-law No. 2022-004 Being a by-law to authorize the execution of an Intermunicipal
Agreement for Joint Ownership of Fire Communications Equipment between The
Corporation of the Municipality of Bayham, The Corporation of the Town of Aylmer, The
Corporation of the Municipality of Central Elgin,, The Corporation of the Municipality of
Dutton/Dunwich, The Corporation of the Township of Malahide, The Corporation of the
Township of Southwold and The Corporation of the Municipality of West Elgin (This by-
law follows the recommendation in Report FR-01/22 by Harry Baranik, Fire Chief|By-law
Enforcement Officer during the regular meeting of January 6, 2022)
13.UNFINISHED BUSINESS
14.OTHER BUSINESS
14.1 In Camera
14.2 Out of Camera
15.BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-005 Being a by-law to confirm all actions of Council
16.ADJOURNMENT
Home Grown Campaign
Farmland Preservation
MZOs and Land Use Planning in 2021
Tracey Arts
Zone Director,
Oxford-Elgin
Our Mission:
Farms and Food Forever
•Over 38,000 farm business members
•51 local federations for strong, grassroots leadership
•45 knowledgeable and experienced staff strategically located across Ontario
•31 commodity and industry organizational members
•18 member-elected Board of Directors
Home Grown Campaign
Campaign –homegrown.ofa.on.ca
–an advocacy campaign focused
on protection and preserving
Ontario’s farmland and domestic
food production.
Purpose –increase awareness,
educate the public, and enhance
consumer knowledge on the
threat and negative impacts urban
development poses to Ontario’s
agri-food system.
Call-to-Action –engage in the
campaign on social media, sign the
online petition and share our
message in support of the
protection and preservation of
Ontario’s farmland.
Online Petition –Change.org –has
received signatures from more
than 5,900 supporters.
Agriculture in 2021
•Produce more than 200 commodities
•The agri-food sector (field-to-fork)
employs more than 860,400 Ontarians
and grosses 47.3 billion in GDP
•1 in 8 people are employed in agriculture and agri-food
Local
Planning
Process
Land Use Planning
•Protecting farmland because of urban pressures for development
•Approach agriculture as a
system, including the need for infrastructure and economic viability of farming
Minister’s Zoning
Orders (MZOs)
•Frequent use undermines the local planning process
•Bypasses long-standing processes intended to protect farmland
•Eliminates local input or any type of appeal mechanism
•OFA recognizes need for MZOs to be executed in certain circumstances –but not when they impact productive farmland
Agricultural Impact
Assessments (AIAs)
•Referenced in: “A Place to Grow: Growth Plan for the Greater Golden Horseshoe”
•Greenbelt Plan
•Provincial Policy Statement
•AIAs recommend ways to “avoid, minimize, or mitigate adverse effects” on agriculture
Recent Planning Act
Amendments
•Ontario cannot sustain continuing losses of agricultural land –it is a limited and declining land base.
•OFA recommends higher density development should be mandated province-wide to take advantage of existing
infrastructure and reduce demand on agricultural land for future development.
The most recent MZOs that OFA is aware of that have been used to develop farmland
were posted to the registry in April 2021.
•Despite OFA’s comments, MZOs are still being used to develop farmland.
•This is occurring alongside multiple recent Planning Act changes that have enhanced the Minister’s powers in regards to MZOs
•OFA is concerned that this could result in more of our
diminishing supply of farmland being lost to development
without a thoughtful and well-balanced approach
MZOs Being Used to Develop Farmland
Local Input •Imperative for MZOs and amendments to them to solicit local input
•Advanced public notice should be provided before MZOs are issued
•MZOs need to be posted on the environmental registry for consultation, not just as decisions
Benefits of
Agricultural Lands
•OFA understands the importance of urban growth and development –but where our food comes from matters too.
•Focus needs to be on protecting agricultural land to ensure we have the resources available to continue producing food for future generations.
Environmental Benefits
•Carbon sequestration, reduced soil erosion and watershed and wildlife habitat protection
•Aesthetic and recreational space, air quality & climate change mitigation
•Nutrient cycling, pollination services, soil erosion control
•Water cycling, groundwater recharge
Access to Local Food •Food security
•Food access
•Enhancing agricultural productivity
•Urban-rural connections
Economic Opportunity
in Agriculture
•Attract & Retain Youth to grow a skilled future workforce and fill current critical job vacancies
•Enable Diversification through value-added, direct farm marketing
and agri-tourism
Thank You
Crispin Colvin
OFA Executive Member
crispin.colvin@ofa.on.ca
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – Held Virtually Thursday, December 16, 2021 7:00 p.m. The December 16, 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 PUBLIC WORKS STEVE ADAMS FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:09 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA
A. Report FR-06/21 by Harry Baranik, Fire Chief|By-Law Enforcement Officer re Results of RFP 21-04 Supply and Delivery of One (1) Fire Truck – Pumper added as Item 9.2-A B. Comments pertaining to Polar Ridge Riders Snowmobile Club re Snowmobile Trail Land
Use added to Item 11.1.2-B
C. Report CAO-57/21 by Thomas Thayer, CAO|Clerk re 2022 Insurance Renewal added as
Item 11.2-B
D. Confidential Report regarding information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a crown agency of any of them (Investing in Canada Infrastructure Program - ICIP) added as Item 14.1.1-A
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4. ANNOUNCEMENTS A. The Mayor and members of Council wished everyone a happy, safe Christmas and prosperous New Year with a reminder if you drink don’t drive and be safe and be smart by following advice of Southwestern Public Health and enjoy the festivities. B. Deputy Mayor Weisler mentioned a National Geographic program recently on Discovery
Channel True Hunt for Red October which made note of the Municipality of Bayham and HMCS Ojibwa.
C. Deputy Mayor Weisler advised a Vaccination Clinic is scheduled to be held at the Port Burwell Fire Hall December 20, 2021 from 11:00 a.m. – 5:00 p.m. No appointment is necessary.
D. CAO|Clerk Thayer reminded everyone that the comment period for the potential sale of
the Vienna Community Centre is open until 4:30 p.m. December 31, 2021.
E. CAO|Clerk Thayer advised the 2022 – 2023 Operating Budget is available on the
website which Council will consider at the Special Budget Meeting scheduled for January 4, 2022. 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Council Meeting held December 2, 2021 B. Statutory Planning Meeting held December 2, 2021 Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the minutes of the Council Meeting held December 2, 2021 and the Statutory Planning Meeting held December 2, 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
2021 Council Minutes December 16, 2021
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8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council 9. PHYSICAL SERVICES – EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council A. Report FR-06/21 by Harry Baranik, Fire Chief|By-Law Enforcement Officer re Results of RFP 21-04 Supply and Delivery of One (1) Fire Truck – Pumper
Moved by: Councillor Chilcott Seconded by: Councillor Donnell
THAT Report FR-06/21 re Results of RFP 21-04 - Supply and Delivery of One (1) Fire Truck - Pumper be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham award RFP 21-04 in the amount of $518,247+HST to Carrier Centers Emergency Vehicles; AND THAT this bid does include the trade-in value of Pumper 1 of $30,000. AND THAT staff be directed to proceed with the Carrier Centers Emergency Vehicles as outlined in the RFP 21-04.
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 A. Notice of Committee of Adjustment Decision Minor Variance A-25/21 Countryside Communities Inc. c/o Cale Barnes, Oak Street, Vienna
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B. Notice of Committee of Adjustment Decision Minor Variance A-26/21 Countryside
Communities Inc. c/o Cale Barnes, Snow Street Road Allowance, North of Chestnut Street, Vienna C. Notice of the Adoption of Official Plan Amendment No. 27 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
THAT correspondence items 10.1.1-A - 10.1.1-C 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-67/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Easement Agreement – Peter Hiebert, 57121 Gray Street, Eden
Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell
THAT Report DS-67-21 regarding an Easement Agreement with Peter Hiebert be received; AND THAT By-law 2021-072, being a by-law to authorize the execution of an Easement
Agreement between Peter Hiebert and the Corporation of the Municipality of Bayham and the Town of Tillsonburg, 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
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B. Report DS-68/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Zoning
Amendment Application – Anderson Smith Zoning By-law No. Z735-2021 Moved by: Councillor Froese Seconded by: Councillor Donnell THAT Staff Report DS-68/21 regarding the Zoning By-law Amendment for Anderson and
Smith 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 December 2, 2021 associated with this application, no written submissions were
received; AND THAT all considerations regarding this matter were taken into account in Council’s
decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by modifying
the site-specific Estate Residential (ER-9) Zone subsection 8.13.9.2 Regulations for Accessory Buildings to be: Maximum floor area 207m2 AND THAT Zoning By-law Z735-2021 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 11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information A. Town of Penetanguishene re Concerning Rates of Recidivism B. City of Kitchener re Conversion Therapy
C. City of Kitchener re Fire Safety Measures
D. City of St. Catharines re National Childcare Program
E. Long Point Region Conservation Authority Minutes of Virtual Meeting held November 3, 2021 and Budget Meeting held November 10, 2021
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F. Long Point Region Conservation Authority re LPRCA Transition Plan
G. Huron Perth Public Health, Southwestern Public Health and Middlesex – London Health Unit re Media Release
H. Alexandra Hospital Ingersoll and Tillsonburg District Memorial Hospital re Mandatory Visitor Vaccination Policy Moved by: Councillor Chilcott Seconded by: Councillor Donell THAT correspondence items 11.1.1-A, 11.1.1-B, and 11.1.1-D-11.1.1-H be received for
information; AND THAT the Council of the Municipality of Bayham support Item 11.1.1-B City of
Kitchener re Conversion Therapy AND THAT Item 11.1.1-C be deferred to a future meeting with a report from the Fire
Chief. 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
11.1.2 Requiring Action A. Canadian Union of Postal Workers re Expanding Service at Canada Post Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT correspondence from Canadian Union of Postal Workers re Expanding Service at
Canada Post be received for information; WHEREAS there is an urgent need for banking services among the unbanked or
underbanked, given that thousands of villages and rural municipalities do not have a bank branch and more than 900 municipalities have expressed their support for postal banking;
WHEREAS thousands of Canadians do not have access to affordable high-speed Internet, and the federal government has long promised to bridge the rural broadband
gap;
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WHEREAS the extensive network of post offices in our communities can provide a wide range of services as community hubs; WHEREAS Canada Post's letter carriers and RSMCs can check-in on vulnerable residents to help keep us in our homes longer as we age; WHEREAS Canada Post must play its part for a more equitable post-pandemic recovery; WHEREAS “The Way Forward for Canada Post,” the report of the 2016 federal public review of the postal service, recommended that Canada Post expand services and adapt
its services to the changing needs of the public; WHEREAS the Canadian Union of Postal Workers has advanced Delivering Community
Power, a vision of the post-carbon digital-age postal service that address the above needs and more; BE IT RESOLVED THAT The Corporation of the Municipality of Bayham endorse
Delivering Community Power, and write to the Honourable Anita Anand, Minister for
Public Services and Procurement, with its rationale and a copy of this resolution.
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. Poplar Ridge Riders Snowmobile Club re Snowmobile Trail Land Use and Comments received Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence from Martin Baelde for Poplar Ridge Riders Snowmobile Club
and associated public comments re Snowmobile Trail Land Use be received for information; AND THAT the request from Poplar Ridge Riders Snowmobile Club for use of Municipal roads be respectfully declined; AND THAT staff work with a representative from the Poplar Ridge Riders Snowmobile Club to attempt to identify an alternate route outside of Vienna.
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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. GIO Railways Corporation re Green Line rail crossing
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT correspondence from Neil Johnson, Vice President – GIO Railways re the Green Line rail crossing be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham agrees to provide a one-time financial contribution of $7,100 for the immediate rehabilitation of the
Green Line rail crossing.
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 11.2 Reports to Council
A. Report CAO-55/21 by Thomas Thayer, CAO|Clerk re Joint Multi-Year Accessibility Plan Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report CAO-55/21 re Joint Multi-Year Accessibility Plan be received for information. AND THAT the Multi-Year Accessibility Plan be adopted as presented and posted on the Municipal website.
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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-57/21 by Thomas Thayer, CAO|Clerk re 2022 Insurance Renewal Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT Report CAO-57/21 re 2022 Insurance Renewal be received for information; AND THAT the 2022 Municipal Insurance Program be obtained from Marsh Canada
Limited in accordance with the offer to renew dated December 16, 2021, at a total premium of $174,962 plus applicable taxes. AND THAT staff be directed to review insurance coverages and insurance providers in 2022 prior to the 2023 insurance renewal.
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. Z735-2021 Being a by-law to amend By-law No. Z456-2003, as amended
(This by-law follows the recommendation in Report DS-68/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the regular meeting of December 16, 2021)
B. By-law No. 2021-070 Being a by-law to provide for an Interim Tax Levy C. By-law No. 2021-071 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2022
D. By-law No. 2021-072 Being a by-law to authorize the execution of an easement agreement between Peter Hiebert, The Corporation of the Municipality of Bayham and The Corporation of the Town of Tillsonburg (This by-law follows the recommendation in
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10
Report DS-67/21 by Margaret Underhill, Deputy Clerk|Planning Coordinator during the
regular meeting of December 16, 2021)
E. By-law No. 2021-073 Being a by-law to authorize the execution of a consulting
agreement between The Corporation of the Municipality of Bayham and a+LINK Architecture Inc. Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT By-law No. Z735-2021, By-law No. 2021-070, By-law No. 2021-071, By-law No. 2021-072 and By-law No. 2021-073 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: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT the Council do now rise to enter into an “In Camera” Session at 8:46 p.m. to discuss:
• information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a crown agency of any of them (Investing in
Canada Infrastructure Program – ICIP) 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
2021 Council Minutes December 16, 2021
11
CARRIED
A. Confidential Report regarding information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a crown agency of any of them (Investing in Canada Infrastructure Program - ICIP) 14.2 Out of Camera
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council do now rise from the “In Camera” session at 8:58 pm and report on Closed Session Item A. information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a crown agency of any of them
(Investing in Canada Infrastructure Program - ICIP) 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 Froese Seconded by: Councillor Chilcott THAT Confidential Report CAO-56/21 re Information Explicitly Supplied in Confidence to the Municipality by Canada, a province or territory or a Crown agency of any of them (Investing In Canada Infrastructure Program (ICIP)) 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 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2021-074 Being a by-law to confirm all actions of Council Moved by: Councillor Donnell
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Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2021-074 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: Councillor Chilcott THAT the Council meeting be adjourned at 9:00 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
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z735-2021 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: W. ANDERSON AND P. SMITH, 9743 Plank Road
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No.
Z735-2021 on the 16th day of December 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 6th day of January
2022 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 an amendment to change the zoning regulations on a 4,006 m2 (1 acre)
parcel of land in the site-specific Estate Residential (ER-9) Zone to a modified site-specific Estate
Residential (ER-9) Zone, to permit maximum accessory building floor area of 207 m2 (2,228 ft2) whereas
55 m2 (592 ft2) is the permitted maximum in Zoning By-law Z456-2003. The subject lands are located on
the west side of Plank Road, north of 5th Street, known as 9743 Plank Road.
THE EFFECT of this By-law will be to permit a 26.7 m2 (287 ft2) enlargement of an existing oversized
accessory building, where previous Zoning By-law Amendment (application Z702-2020) and Minor
Variance (application A-05/20) permitted combined maximum accessory building floor area of 187 m2
(2,012.8 ft2) and accessory building location in the front yard and closer to the front of the lot than the
dwelling, for accessory residential use. Zoning By-law Z735-2021 permits a total accumulative maximum
floor area of 207 m2 (2228 ft2) for three (3) existing accessory buildings/structures.
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 in the municipal office during regular office hours.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 17TH DAY OF DECEMBER 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
RtfONTARIO Community Services
Legislative Services
December 14,2021
File#120203
Sent via email: premier@ontario.ca
The Honourable Doug Ford, Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Honourable and Dear Sir:
Re: City of St. Catharines' Resolution - National Ghildcare Program
Please be advised the Municipal Council of the Town of Fort Erie at its meeting of December 13,
2021 received and supported correspondence from the City of St. Catharines dated December
1,2021 regarding the National Childcare Program.
Attached please find a copy of the City of St. Catharines' correspondence dated December 1,
2021.
Thank you for your attention to this matter.
Yours very truly,fr,7sN
Carol Schofield, Dipl.M.A.
Manager, Legislative Services/Clerk
cschofi eld@forterie.ca
CS:dlk
Attachcc: Doug Ball, Executive Director, Ontario Municipal Social Services Association dball@omssa.com
Jeff Burch, MPP, Niagara Centre iburch-qp@ndp.on.ca
Sam Oosterhoff, MPP, N iagara West sam.oosterhoff@pc. ola.orq
Jennifer Stevens, MPP, St. Catharines JStevens-co@ndp.on.ca
Wayne Gates, MPP, Niagara Falls wqates-co@ndp.on.ca
Ontario Municipalities
Association of Municipalities of Ontario amo@amo.on.ca
Our Focus: Your Future
Mailing Address: The Corporation of the Town of Fort Erie
1 Municipal Centre Drive, Fort Erie ON L2A 2So
Office Hours 8:30 a.m. to 5:00 p.m. Phone: (905) 871-1600 FAX: (905) 871-4022 Web-site: www.forterie.ca
B
trst.cothorines
December 1,2021
The Honourable Doug Ford, M.P.P
Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Sent via email: premier@ontario.ca
Re: National Childcare Program
Our Files:
Dear Premier Ford,
At its meeting held on November 15, 2021, St. Catharines City Council approved the
following motion:
"WHEREAS the province of Ontario has the most expensive childcare in the country,
presenting a financial hardship for many families and a barrier for women's full
economic participation; and
WHEREAS the $34 billion early learning and childcare spending commitment
announced this year by the federal government will bring transformative change to
childcare by lowering parent fees and expanding the supply of regulated not-for-profit
and public childcare in this country; and
WHEREAS the federal government has already reached childcare agreements with BC,
Nova Scotia, Manitoba, Saskatchewan, Yukon Territory, PEl, Newfoundland and
Labrador and Quebec; and
WHEREAS the provisions of each agreement vary to some degree, but the majority of
the jurisdictions have agreed to use the federal funds to:
(a) lower parent fees by 50 per cent by the end of 2022 and to $10 a day by
2025-26 or sooner;
(b) improve the wages and working conditions of early childhood educators, and
(c) publicly fund the expansion of not-profit and public childcare;
THEREFORE BE lT RESOLVED that the City of St. Catharines request that the
provincial government take the necessary steps to work with the federal government on
PO Box 3012,50 Church St., St. Cothorines, ON LzR7C2
Tel: 905.688.5600 | TTY: 905.688.4889 | www.stcothorines.ccr
Received by:
COUNCIL
December 13,2021
St. Cothorines
a bilateral agreement to ensure the new national child care program be made available
to Ontarians, and that it focuses on increased access, affordability, quality and
responsiveness, all of which are essential to the COVID-19 pandemic response; and
BE lT FURTHER RESOLVED that staff actively monitor federal developments and
engage in provincial and regionaldiscussions; and
BE lT FURTHER RESOLVED that City Council request the City Clerk circulate
Council's decision to other municipalities in Ontario, the Ontario Municipal Social
Services Association and the Association of Municipalities of Ontario."
lf you have any questions, please contact the Office of the City Clerk at extension 1524
Bonnie Nistico-Dunk, City Clerk
Legal and Clerks Services, Office of the City Clerk
:mb
cc Niagara Area MPPs
Ontario Municipal Social Services Association
Ontario Municipalities
Association of Municipalities of Ontario,amo@amo.on.ca
PO Box 3012,50 Church St., St. Cothorines, ON L2R7C2
Tel: 905.688.5600 | TTY: 905.688.4889 | www.stcothorines.co
Town of Bradford West Gwillimbury
100 Dissette St., Unit 4
P.O. Box 100, Bradford, Ontario, L3Z 2A7
Telephone: 905-775-5366
Fax: 905-775-0153
www.townofbwg.com
December 22, 2021 VIA EMAIL
Honourable Doug Ford, Premier of Ontario
Legislative Building
Queen's Park
Toronto, ON M7A 1A1
Dear Honourable Doug Ford,
Re: Motion Against Quebec’s Bill 21
At its Regular Meeting of Council held on December 21st, 2021, the Town of Bradford
West Gwillimbury Council approved the following resolution regarding the Province of
Quebec’s Bill 21.
Resolution 2021-424 Scott/Sandhu
WHEREAS Quebec’s Bill 21 unfairly discriminates against public-sector workers by
directly infringing on their freedom of religion and freedom of expression rights as
enshrined into law by the Canadian Charter of Rights and Freedoms;
WHEREAS Bradford West Gwillimbury is a growing community that is proud of its
diversity and diligently working to tear down barriers, advance anti-racism work and
foster an inclusive community;
WHEREAS municipalities across Ontario are passing motions condemning Bill 21;
AND WHEREAS the Ontario Legislature unanimously passed a motion in 2019 stating:
“Ontario and its government shall oppose any law that would seek to restrict or limit the
religious freedoms of our citizens; and, that Ontario's Legislature affirms that we value
our diversity and assert that we shall promote and protect free expression and the rights
of religious minorities, consistent with the Charter of Rights and Freedoms”;
THEREFORE BE IT RESOLVED that the Town of Bradford West Gwillimbury Council
declares its opposition to Bill 21 and supports efforts to see this discriminatory law
overturned; and
www.townofbwg.com Page 2 of 2
THAT a copy of this resolution be forwarded to the Honourable Doug Ford, Premier of
Ontario, the Honourable Francois Legault, Premier of Quebec, the Honourable Caroline
Mulroney, MPP York-Simcoe, Scot Davidson, MP York-Simcoe, the Association of
Municipalities of Ontario, and all other municipalities in Ontario.
CARRIED.
Thank you for your consideration of this request.
Regards,
Tara Reynolds
Deputy Clerk, Town of Bradford West Gwillimbury
(905) 775-5366 Ext 1104
treynolds@townofbwg.com
CC: Hon. Francois Legault, Premier of Quebec
Hon. Caroline Mulroney, MPP York-Simcoe
Scot Davidson, MP York-Simcoe
The Association of Municipalities of Ontario
All Municipalities in Ontario
Susanne M Schlotzhauer
December 10, 2021
Official Correspondence for Council consideration
Re: Port Burwell Stormwater Drainage System upgrades
Members of Council,
As we are aware, the stormwater drainage infrastructure in Port Burwell dates
back to the 1960s and is in dire need of upgrades/repairs. Report CAO-31/21
and CAO-35/21 identifies the Port Burwell stormwater system rehabilitation is
the largest capital venture included in the budget with a cost approaching ~ $20
million.
During the November 18, 2021 Council meeting, Watson & Associates
Economists presented a delegation to Council outlining various funding
mechanisms for the Port Burwell Stormwater Capital rehabilitation.
In that presentation, it was recommended Bayham Council consider an increase
in property taxes as a potential source of funding to repair the decades long
neglect of Port Burwell’s stormwater infrastructure. The consultant
recommended Bayham Council further consider a municipal wide tax levy
increase to raise capital versus an area rating in Port Burwell alone. The net
increase in property tax for each option over a 20 to 30 year period:
•Municipal wide levy is 6% to 8%
•Area levy in Port Burwell is 58% to 76% impact on local tax payers
According to the consultant, the latter translates into an increase in Port Burwell
property taxes of over $500 per year.
Historically, Bayham Council has vehemently defended the “User Pay” system
where the Bayham water system is concerned. Due to the small number of
users (in the water distribution system in Port Burwell and Vienna) the cost/user
is quite expensive relative to the broader area. But, none the less, the “users
pay” for their system without being subsidized by other Bayham residents who
are not realizing the benefit.
What I would like to bring to Council’s attention is how Staff supports the notion
that all of Bayham will realize benefits from improvements to the Port Burwell
stormwater system, not just Port Burwell. During the September 2, 2021
Council meeting, Staff highlighted that upgrading the Port Burwell drainage
works will provide for legal drainage outlets to residents while also upgrading
hardscape infrastructure such as road surfaces, and curb/gutter/sidewalks,
which has a positive impact on the Municipality's Capital Plan and Asset
Management Plan - for all of Bayham. Moreover, legal drainage outlets will also
have a positive impact on the Municipality's wastewater system by allowing for
legal drainage into the stormwater system rather than instances of illegal
drainage into the sanitary system.
Staff explained to Council that these improvements will significantly increase
sewage capacity at the sewage treatment plant allowing for more development
across all of Bayham (not just Port Burwell) and increasing our tax base, which
benefits everyone. Benefits to all of Bayham supports a municipal wide tax levy
as a funding mechanism for the Port Burwell stormwater system rehabilitation,
not an area specific levy.
In summary, Staff supports the fact that ALL OF BAYHAM will benefit from the
stormwater drainage improvements in Port Burwell, negating the argument for
an area levy in Port Burwell and relieving its residents of a significant financial
impact.
I ask members of Council to take a hard look at the impact of the funding
mechanisms being considered and understand the cost to undertake this
project must be shared by all of Bayham residents, not just a few.
Thank you for your time and consideration.
Please include this correspondence in the public record.
Kind Regards,
Susanne M Schlotzhauer
Port Burwell, Ontario
Multi-Municipal Wind Turbine Working Group
TOM ALLWOOD, COUNCILLOR, GREY HIGHLANDS, CHAIR
STEVE ADAMS, COUNCILLOR, BROCKTON, VICE-CHAIR
1925 BRUCE ROAD 10, BOX 70, CHESLEY, ON NOG 1L0
519-363-3039 FAX: 519-363-2203
deputyclerk@arran-elderslie.ca
December 14, 2021
Municipality of
Bayham
Steve Adams
tthayer@bayham.on.ca
RE: Wind Turbine Failures
Dear Mayor and Council:
I am writing to share information compiled by the Multi-Municipal Wind Turbine
Group (MMWTWG) on some recent catastrophic failures of wind turbines.
Because you are a municipality with an operating wind turbine project, we
expect this information will be of interest to you.
The MMWTWG was initially created in 2009 by municipalities in Bruce, Grey and
Huron Counties to share information on wind turbine projects being proposed or
operating in our municipalities. The organization is a joint committee with
elected and citizen representatives from the member municipalities. Since its
formation, we have been monitoring the operation of wind turbines and
advocating on behalf of our residents adversely affected by the wind turbines.
The group has seen the number of catastrophic wind turbine failures increase,
and is deeply concerned about the associated implications. At the same time,
there has been no public response from the provincial government that
indicates these potentially serious incidents are being investigated either in the
context of public and/or workplace safety.
As a result, we have compiled the attached overview of a range of failures
based on statements from project operators, pictures and other available
information. This assessment of these events points to a variety of causes. Based
on these observations, the attached document also outlines a list of
recommendations for action by the provincial government.
We suggest that your Council review these attached summaries to see how they
might apply to the wind turbine project(s) in your municipality. It may be possible
for the municipality to review the situations with the owner of each project to
confirm that appropriate activities are underway to ensure public safety.
If you agree with the recommendations for action by the provincial
government, we ask that you communicate your support to David Piccini,
Ontario Minister of Environment, Conservation and Parks.
When these projects were approved and built, provincial regulations limited
municipal input into the projects and the supervision of their construction. This
self-regulation process led to some serious problems for the municipalities in our
role of protecting the health of our citizens. Now that further gaps in this process
are becoming evident, the province needs to take responsibility for addressing
the mistakes that were made.
Yours truly,
Tom Allwood,
Chair, Multi-Municipal Wind Turbine Working Group
Councillor, Municipality of Grey Highlands
c.c.
Honourable David Piccini, Minister of Environment, Conservation and Parks,
minister.mecp@ontario.ca
Honourable Monte McNaughton, Minister of Labour, Training and Skills
Development, minister.mltsd@ontario.ca
Hon. Jeff Yurek, MPP, Elgin-Middlesex-London – jeff.yurekco@pc.ola.org
Wind Turbine Failures
Based on the number of catastrophic wind turbine failures, the Multi Municipal Wind Turbine Working
Group (MMWTWG)1 is deeply concerned about the associated implications. While the wind power
industry reports that each is an isolated incident, there are now too many incidents for this response to
be credible. At least 10 known turbines failures have happened in Ontario since 2007. Each of these
resulted in significant portions of blades or the tower hitting the ground at some distance from the
turbine base.
At the same time, there has been no public response from the provincial government that indicates
these potentially serious incidents are being investigated either in the context of public and/or
workplace safety. To date, there has been no information shared with MMWTWG member
municipalities.
As a result, we have been working with several people that have technical experience with industrial
applications of power and rotating equipment. We have developed our own assessment of the failures
based on statements from project operators, pictures and other available information. This assessment
of the following events points to a number of different causes:
Bow River –Pictures suggest that tower collapse was linked to a bolt failure of tower sections.
Skyway 8 – Rotor failure occurred shortly after the installation of an experimental device.
Raleigh Wind – Published information from the project owner indicates that the tower collapse
is related to a single blade failure. Marks on the tower suggest that the blade struck the tower.
Sumac Ridge – Blade fractures , no explanation available.
Kingsbridge 1 – Fire in the nacelle spread to the blades resulting in wide debris scatter.
Huron Wind – Blade failure with the location of the debris thrown by this failure highlighting the
inadequacy of current setbacks from property lines.
Another recent incident in New Brunswick adds to our concerns:
Kent Hills, NB – Project operator linked the collapse of tower to a foundation failure.
Collectively, the assessments of these situations increased our concern that action is required to
formally investigate these incidents. We believe they clearly demonstrate that the current setback
distances are inadequate to protect the public and they will increase as tower heights and blade lengths
increase.
Faced with continued public inaction by the provincial government, the MMWTWG decided to prepare
this summary of available information relative to these failures with a goal of sharing the information
with other municipalities that host wind turbine projects to enable them to better protect their citizens.
The MMWTWG recommends that the provincial government needs to:
1 The MMWTWG formed in 2009 by member municipalities in Bruce, Grey and Huron Counties to share
information on wind turbine projects being proposed or operating in our municipalities. The working group is a
joint committee with elected and municipally-appointed citizen representatives from the member municipalities.
1. Establish a formal public process for investigations of wind turbine failures so that the cause
can be firmly determined. These would involve third-party independent engineers starting with
initial inspection procedures through to the public release of the final report;
2. Complete comprehensive inspections of existing projects to identify any project that shows
signs of similar weaknesses;
3. Establish requirements for on-board predictive maintenance equipment for operating wind
turbines to allow early identification of problems and establish protocols for information
transfer to the MECP for review and sharing with the host municipality.
4. Review the emergency response procedures submitted by the proponents of wind turbine
projects as part of the approval process to ensure that the plans are current and responsive to
the types of failures being experienced; and
5. Increase the setbacks from property lines to a minimum of tower height plus blade length for
new towers or repowering of existing sites to at least reflect the impact of a tower collapse
while recognizing additional distances would be required to protect against ice throw and debris
scatter like that seen in the Huron Wind failure where debris with the dimensions of a car were
found 2.5 times the height of the tower plus blade length.
We suggest that Councils review these attached summaries to consider how they apply to the wind
turbine project(s) in your municipality. It may be possible for the municipality to review the situations
with the owner of each project to confirm that appropriate activities are underway to ensure public
safety.
If you agree with the recommendations for action by the provincial government we ask that you
communicate your support to David Piccini, Ontario Minister of Environment, Conservation and Parks.
When these projects were approved and built, provincial regulations limited municipal input into the
projects and the supervision of their construction. This self-regulation process led to some serious
problems for the municipalities. Now that further gaps in this process are becoming evident, the
province needs to take responsibility for addressing the mistakes that were made.
Attachment 1: Bow Lake, Algoma Region, Ontario
Project Details:
Owners:
Batchewana First Nation – 50%
DIF Infrastructure V – 50%
BluEarth Renewables - operator
Location: Northwest of Sault Ste Marie
Capacity: 58.3 MW
Commissioned:
Phase 1: May 2015
Phase 2: April 2016
Equipment – GE Energy 1.6 MW
Height – 80 m tower; 50 metre blades
Date of Failure: August 28, 2021
Assessment of Failure:
The pictures strongly suggest that the
failure mechanism was fatigue of the
bolts holding the tower together. There
is no evidence of buckling, tearing of
the steel plate or general deformation
at the adjoining section flanges.
A portion of one blade was found
located on the ground near the tower
base. The other two blades appear to
have remained attached to the rotor as
it collapsed into the adjacent trees.
Even though the tower contained 60
gallons of flammable petrochemical
lubricants, the MECP Environmental
Officer did not visit the site until 3 days
after the accident took place.
Potential Learnings:
Tower bolt failures can have many
potential causes; i.e. wrong bolts,
excessive cyclical loading beyond
design criteria, improper installation
method regarding torque application,
inadequate bolt maintenance checks
during regular maintenance etc.
Fatigue damage cannot be seen until
a crack develops. Since all aspects of
the other towers seem to be identical,
it would seem necessary to replace all
their tower section bolts.
Attachment 2: Skyway 8, Grey County, Ontario
Assessment of Failure:
This turbine was retrofitted
approximately 3 months prior to the
failure with a secondary rotor of three
curved blades that fastened to the
hub between the existing blades. This
experimental device was not part of
the original design and was added to
increase power output. The failure
resulted in the separation of one of
the secondary blades and one of the
existing blades. Although the exact
sequence of the failure is not known,
the most likely scenario is that the
experimental blade partly separated,
impacting the main blade which then
failed.
MECP approved the change but there
is no public information confirming
that the turbine could handle the
additional static and dynamic loads
imposed by the secondary rotor.
Remains of
secondary blades
Learnings:
This turbine was located only 195m from the road,
Grey Rd. 8. The road closure that was immediately
put in place for public safety confirms that existing
setback requirements are insufficient. The failure
raises many questions concerning how this project
was executed and the engineering safety margins
for the original wind turbine design.
Project Details:
Owner: Capstone Infrastructure
Location: South west of Dundalk
Capacity: 9.5 MW
Commissioned: August 2014
Equipment
3 - Vestas V100- 1.8 MW
2 - Vestas V100- 2.0 MW
Height – 80 m tower; 50 metre blades
Modification – Biome Renewables
secondary blades installed on this
turbine in early 2021.
Date of Failure: June 30, 2021
Blade remnant
Blade fragment
Other debris
Blade fragment
Attachment 3: Raleigh Wind, Chatham-Kent
Project Details:
Owner:
2018 – Terraform Power
2020 – Brookfield Renewables
Location: South of Chatham
Capacity: 78 MW
Commissioned: January, 2011
Equipment: 52 - GE 1.5 MW
Height – 80 m tower;
42 metre blades
Date of Failure: Jan. 19, 2018
Assessment of Failure:
The company reported that their
investigations indicated that the
failure was caused by a single faulty
blade.
This tower at Chatham-Kent buckled
at approximately its midpoint and fell
toward the wind. It was found with
one blade wrapped around the tower
base and markings on the tower that
were above the fold line.
Based on the evidence of publicly
available pictures, it seems that the
most likely scenario for this
catastrophic failure was that the
tower was struck by a blade which
weakened it such that it collapsed.
Learnings:
If the failure was indeed caused by a blade
strike on the tower, this raises questions as
to how this occurred. This suggests that the
clearance may not have been adequate for
the conditions encountered during
operation. Alternately the blade may have
started to separate and this caused it to get
so close to the tower that it made contact
with it. There may be other possibilities and
variations as well.
Chatham-Kent Ward 2 Councillor Frank
Vercouteren told CBC News at the time that
he believed that the setback from roads was
insufficient to protect public safety.
Attachment 4: Sumac Ridge, Kawartha Lakes
Project Details:
Owner:
2016: wpd
2021: Capstone Infrastructure
Location: Southwest of Peterborough
Capacity: 10.5 MW
Commissioned: November, 2017
Equipment: 5 - Senvion MM92 2.05 MW
Height – 80 m tower;
46 metre blades
Date of Failure: April 20, 2019
Assessment of Failure:
Residents reported hearing a grinding
sound followed by a loud explosion at 9
a.m. on the morning of the incident.
It was found that one of the blades of
the turbine had shattered. Parts of the
blade fell to the ground while other
pieces were still dangling off of the
remaining sections of the blade. The
nearby road was closed to ensure public
safety.
Initial speculation was that the failure
may have been related to the strong
winds associated with the storm that
moved through the area on the previous
weekend.
The investigation and follow up on this
incident was hampered as Senvion had
filed for bankruptcy protection on April 9
– just before incident.
Learnings:
The blade that failed was relatively new
having been in operation for only 1.5
years. This highlights the fact that
failures can occur at any time during the
life of a wind turbine.
If the failure was related to the strong
winds, it raises questions concerning the
design safety margins.
Attachment 5: Kingsbridge 1, Ashfield-Colborne-Wawanosh
Project Details:
Owner: Capital Power
Location: North of Goderich
Capacity: 40 MW
Commissioned: 2006
Equipment: Initially 21 – Vestas V80 with
the failed turbine being replace with a
Vestas V 90.
Height – 80 m tower; 45m blades
Date of Failure: April, 2013
Assessment of Failure:
The fire started at about 1 am and burned
for about two hours. Most of the nacelle
was completely destroyed. The intensity
of the fire also ignited the blades.
The fire department was called to the site
but there was not much that they could do
given the elevation of the fire and risks
posed by burning pieces of the nacelle and
the blades that were falling off of the
towers.
Blades continued to rotate and could not
be stopped due to the fire in control
mechanisms.
A representative of the operator addressed
ACW Council the following day and
indicated that elements of the turbine
were found over 200 metres from the
tower.
As the fire occurred in early spring, the
ground was wet and there were no crops
to be set on fire when burning elements
fell off of the tower.
Learnings:
This failure highlights the need for fire
identification and suppression systems to
be installed within the nacelles of all wind
turbines.
Had this fire occurred when dry crops were
in the field below the turbine, the fire
progression would have been more
serious.
Attachment 6: Huron Wind, Bruce County
Project Details:
Owners:
TC Energy
OMERS
Location: North of Kincardine
Capacity: 9.0 MW
Operational: November 2002
Equipment – 5 Vestas V80 - 1.8 MW
Height – 65 m tower; 40 metre blades
Date of Failure: May 4, 2018
Assessment of Failure:
Immediate access to the site allowed full
documentation of the debris created by this blade
failure.
The map below compares the limit of the protected
area of 50 m with the actual locations of debris from
the blade failure. Large pieces of debris found 280 m
from the tower.
Debris at 150m
from tower -
1.3m X 3.6m
Debris at
170m from
tower
Debris at 210 m
from tower
1.2m X 3.0m
Debris at
280m from
tower
1.2m X 3.0m
Concession 4
closed to danger
Attachment 7: Kent Hills, New Brunswick
Project Details:
Owner: Trans Alta Renewables
Location: Southwest of Moncton, NB
Site shared with ATV/snowmobile trails
Capacity: 167 MW
Commissioned in Phases:
Dec 2008 – 25 turbines; Nov 2010 – 24
turbines; Oct 2018 – 5 turbines
Equipment – Vestas V90 3 MW
Height – 80 m tower; 45 metre blades
Date of Failure: October 14, 2021
Assessment of Failure:
As confirmed by the operator, this tower
collapse was linked to a foundation failure
(sub-surface crack propagation). The tower
itself seems to have all the sections intact
and bolted together. Basically, the pictures
indicate that the top part of the foundation
directly below the tower base was no
longer adequately supporting the tower.
A close-up picture of the foundation shows
the failed surfaces consists of concrete
rubble and rebar. There does not seem to
be evidence of the long primary anchor
bolts that should fasten to the flange at the
base of the tower and then be embedded
deep into the concrete foundation.
Earlier pictures taken of wind turbines in
this project indicate that numerous anchor
bolts had been installed in the concrete
bases. This is highly unusual and suggests
that they were added when problems with
the foundations became evident.
Potential Learnings:
The foundation problem(s) that caused the
failure are very likely not an isolated case.
Foundation failures can result from many
factors i.e., faulty design, quality control,
construction techniques, procedures etc.
This failure raises many questions that
relate to how likely it is that the other
foundations have the same problems. As
well, it raises the question of public safety
and the need for safe separation distances.
Attachment 8: History of Turbine Failures in Ontario
The following table documents the known equipment failures at Ontario wind turbine projects.
that resulted in wind turbine blades hitting the ground so that members of the public may have
been harmed if present in locations outside any protective exclusion zone. While the industry
response to each failure is that the situation is unique and an exception, the table confirms that
this is not the case.
*100 days after secondary blades installed.
These situations are similar to the operating experience with wind turbines in other
jurisdictions. It suggests that the positioning of wind turbines relative to other adjacent
activities needs to anticipate the potential for failure either the blades or the tower and other
dangers such as ice throws or fires. Analysis of these failures indicates that the current Ontario
setback of blade length plus 10 metres is not sufficient to protect the wider public.
The failures also indicate that there needs to be a program of ongoing monitoring of operation
of these wind turbines with public reporting of the results of inspections and remedial actions
ordered to address faults identified.
# Date Project Type Equipment Age at Failure
1 April 2007 Port Burwell Blade Failure GE 1.5 11 months
2 January 2008 Prince Wind Blade Failure GE 1.5 2.1 years
3 April 2013 Kingsbridge 1 Fire Vestas V80 7 years
4 August 2015 Goshen Blade Failure GE 1.62 6 months
5 April 2017 Bornish Blade Failure GE 1.62 3 years
6 January 2018 Raleigh Tower Collapse GE 1.62 7 years
7 May 2018 Huron Wind Blade Failure Vestas V80 15.4 years
8 April 2019 Sumac Ridge Blade Failure Senvion MM92 1.3 years
9 June 2021 Skyway 8 Blade Failure Vestas V100 6.9 years*
10 August 2021 Bow Lake Tower Collapse GE 1.62 6 years
www.swpublichealth.ca
St. Thomas Site
Administrative Office
1230 Talbot Street
St. Thomas, ON
N5P 1G9
Woodstock Site
410 Buller Street
Woodstock, ON
N4S 4N2
December 20, 2021
MEMO: Southwestern Public Health Rescinds Letter of Instruction for
Reinstating Capacity Limits
Southwestern Public Health is rescinding its Letter of Instruction for Reinstating Capacity Limits in Certain
Settings, which was issued on November 29, 2021. This is in response to the December 19, 2021 updates
made to Ontario Regulations 364/20 Reopening Ontario (A Flexible Response to COVID-19) Act, 2020, S.O.
2020, which supersedes the Letter of Instruction requirements.
This information will be updated on the Southwestern Public Health website as well.
A reminder that all organizations, businesses, and citizens are responsible and required to adhere to the
regulations outlined under Ontario Regulations 364/20 and stay updated on any changes that are made.
Thank you for your ongoing commitment to preventing the spread of COVID-19 in the community, and for your
efforts in keeping each other safe and healthy.
Sincerely,
Dr. Joyce Lock
Medical Officer of Health
Southwestern Public Health
Copy: Cynthia St. John, Chief Executive Officer, Southwestern Public Health
Susanne M Schlotzhauer
December 12, 2021
Official Correspondence for Council’s consideration - Request for Action
Re: Continued livestreaming of council meetings & making recordings publicly
available for viewing at leisure
Members of Council,
We are happy to see the Municipality is interested in moving forward with
retrofitting Council Chambers to meet some of the demands of a post-
COVID-19 environment as per the December 2, 2021 Report CAO-50/21 re:
direction to apply for an Ontario Trillium Foundation – Resilient Communities
Fund for a hybrid meeting solution for Municipal Council meetings, also
identified as capital budget item FA-15.
As per Report TR-16/21 by Lorne James,Treasurer, hybrid chamber meeting
solutions were investigated by staff to bring cost estimates to council. “On
November 19, 2021 and November 24, 2021, Bayham Staff met with members
of Elgin County IT to discuss options for a technological retrofit of Bayham’s
Council Chambers, which would be required to implement a hybrid meeting
solution for the Municipality’s Council meetings.” Associated costs came in
significantly less than estimated in the capital budget FA-15.
During the December 2, 2021 Council meeting discussions regarding these cost
estimates, Staff explained to Council that regulations surrounding livestreaming
municipal meetings had simplified over recent months under COVID-19
restrictions and current technologies meet AODA requirements with no
additional cost to the municipality.
Because meeting AODA requirements no longer presents a barrier to keeping
live streamed council meeting videos uploaded onto the the Municipality of
Bayham YouTube Channel, we ask Council direct staff to make all previously live
streamed council meeting recordings public and continue to make all future
recorded council meetings publicly available on the Municipality of Bayham
YouTube Channel, or whatever platform the municipality chooses.
The Municipality of Bayham should continue to live stream all future council
meetings for the benefit of residents and interested individuals that are not able
to attend in person. All recorded meetings should be made public so that
residents can view past meetings at their leisure.
Given the business-style format of council meeting minutes that inherently omit
the essence of discussions among members of council, we hope continued
access to live streamed & recorded meetings will boost public awareness in
municipal affairs and encourage more active public participation.
Now that we know there are no financial or regulatory barriers to uploading live
streamed council meeting videos to the municipal YouTube channel, we
anticipate members of council will embrace the opportunity to keeping the live-
streamed council meeting recordings available to the public, now and in the
future.
Looking forward to Council’s discussion on this matter.
Please include this correspondence in the public record.
Kind Regards,
Susanne M Schlotzhauer Port Burwell, Ontario
Poplar Ridge Riders
Snowmobile Club
December 20 2021
Bayham Township Council:
I listened in online to the council meeting and then I read with some regret your response to
our original request to host a snowmobile trail through the Vienna village. The first thing in
noticed is that we were referred to as “Polar” ridge riders. I rechecked all my correspondence
and found it be printed correctly as “Poplar” Ridge Riders Snowmobile Club.
The recommendation was for staff to help us to seek alternative routes. From the discussion
that evening I am thinking that snowmobiles are not welcome on any street in town. The only 3
bridges over the Otter between Port Burwell and Calton are in Vienna. I think we chose the
least invasive route through the town. Steve Adams has been helpful. He has since checked in
to see if we could use the rail bed and that is not possible either. If we are seeking local
alternatives, I would ask whether we are allowed on Plank line over either of the bridges should
we can find a way to get down the hill and out of town another way. We would rather not be
on Plank Line as it is a much busier road.
If there was a sit down restaurant in town or a gas station at that end of town, we would have
had a bit more of a positive impact.
Thanks for listening to our request and would entertain any help you can provide.
For Poplar Ridge Riders Snowmobile Club # 152
Martin Baelde
RULES OF PROCEDURE
FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AS ADOPTED BY BY-LAW NO. 2022-003
TABLE OF CONTENTS – PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL 4 MEETINGS 5 AGENDAS AND MINUTES 6 ORDER OF PROCEEDINGS-COUNCIL 7 ORDER OF PROCEEDINGS-PUBLIC MEETING 8 DELEGATIONS 9 RULES OF DEBATE AND CONDUCT 10 MOTIONS 11 VOTING ON MOTIONS
12 CONDUCT OF AUDIENCE 13 ADMINISTRATION
BY-LAW NO. 2022-003 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and
the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows: Section 1 – DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 “Acting Head of Council” shall mean the Deputy Mayor when the Mayor is absent or
refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to ac t or the offices of the Mayor and Deputy Mayor are vacant, the member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, power s and authority of the Head of Council while so acting. 1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed
by Council. 1.1.3 “Advisory Committee” shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality of Bayham. 1.1.5 “Chair” in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and Deputy Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or
a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision Hearing as provided for in this
Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee, Chair means the Member appointed as such by the Committee.
1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the Deputy Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 “Committee” shall mean a committee of Council and includes Standing Committees, or sub-committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of Adjustment pursuant to
the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended. 1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham.
1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the position and who, in the absence of the Mayor, shall exercise the power s and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001,
c.25 as amended. 1.1.15 “Mayor” shall mean the Head of Council for the Municipality. 1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing. 1.1.17 “Member” shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor. 1.1.18 “Motion” shall mean a question or proposal to be considered by Council and which is moved and seconded and is subject to debate. When a Motion is adopted, it becomes a Resolution. 1.1.19 “Municipal Act” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time. 1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham. 1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general
circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general interest and made available to the public. 1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may
be amended. 1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended.
1.1.24 “Point of Order” shall mean a statement made by a Member during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of Council or staff as a whole have been impugned. 1.1.26 “Presiding Member” shall mean the Mayor or Acting Mayor or Chair of the
Meeting. 1.1.27 “Quorum” shall be as defined in Section 4.9 herein. 1.1.28 “Recorded Vote” shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question during a Meeting
of Council. 1.1.29 “Resolution” shall mean a formal expression of opinion or intention by Council. 1.1.30 “Rules of Procedure” shall mean the rules and requirements contained within this Procedural By-law. 1.1.31 “Vice Chair” shall mean such Member of a Committee who has been appointed to
act in the place and stead of the Committee Chair when such Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 “Website” shall mean the Municipality of Bayham website address identified as www.bayham.on.ca 1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice-
versa, as the context requires. Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business. 2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting: a) rules about a change to the order of procedure in the Agenda content; b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and debate limitations. 2.3 Issue not Addressed 2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be
decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert’s Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones 2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with the approval of Council.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience wishing to speak to Council.
2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location where any Council Meeting is being held.
Section 3 - DUTIES OF COUNCIL 3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a head of council set forth in the Municipal Act, in addition to the following responsibilities: a) to open the Meeting of Council by taking the Chair and calling the Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-law, all motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of the proceedings and to announce the results; f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among the Members; i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting and, if necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes;
l) to rule on any points of order raised by Members of Council; m) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things;
n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time to be
named.
3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory Committees and Municipal Service Boards. 3.2 Duties of the Deputy Mayor 3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives
notice to the County Clerk that he will be absent, or of his absence through illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the Chair’s position on any matter before Council without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate without first leaving the chair. 3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the Mayor resumes the chair. 3.4 Duties of the Members of Council
3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the Municipal Act, in addition to the following responsibilities:
a) to deliberate on the business submitted to Council; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law;
c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and assume the duties of the Mayor as detailed in Section 3.1.1; and e) to apply and respect the Rules of Procedure. 3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as Schedule “A” to this Procedural By-law, as adopted by Council and as amended from time to time. Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in the Council Chambers of the Municipal Office at 56169 Heritage Line, Straffordville, Ontario.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal election is held, at a time determined by the Head of Council-Elect and the CAO|Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other day and time as may be determined from time to time by resolution of Council.
4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in
Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office. 4.4 Special Meetings 4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting. 4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least twenty-four (24) hours before the time appointed for such Meeting and shall be delivered electronically via e-mail to their respective Municipal e-mail address. a) The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the
Meeting. 4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting. 4.4.5 All Special Meetings of Council shall be held at the location of the last Regular Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding
a Special Meeting or any action taken thereat where all Members are present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk. 4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. a) In this case, the consent of two-thirds (2/3) of the Members to hold such a
Meeting without advance notice is necessary and such consent, if any, shall
be recorded in the minutes by the Clerk. 4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries. 4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality’s Public Notice Policy, as amended from time to time. 4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern.
4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Mayor or Chair may request that members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The
Mayor or Chair may unilaterally suspend the Meeting until order is restored in the Council Chambers.
4.8 Closed Meetings 4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and
Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial
statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential
monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and b) the general nature of the subject matter to be considered at the closed Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request those persons not specifically invited to the closed Meeting to vacate Council Chambers, or such room in which the Meeting is being held, as the case may be. 4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote pursuant to sections
239 (2) or (3) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Council deems that it is in the best interests of the Municipality to do so. 4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the
acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session. 4.8.7 The Motion to rise from “In Camera” shall include the time that Council arose followed by a subsequent motion for each item considered in Council Session
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of Council when it is closed to the public. 4.8.9 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct. 4.9 Quorum 4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority
of Members present and voting is necessary to carry a resolution. 4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad Hoc Committee. 4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for
the Meeting, the Clerk or designate shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.10 Education and/or Training Sessions 4.10.1 An Education and/or Training Session of Council shall not be deemed to be a
Meeting of Council and shall not be subject to the rules and regulations applicable to
Meetings contained in this By-law. 4.10.2 The Council may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council.
4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members of Council are entitled to attend at the session, together with the designated staff or consultants retained by the Municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education and/or Training
Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be maintained as a public record under the control of the Clerk which records shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended.
4.11 Public Notice of Meeting Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00 P.M. on the Friday preceding the regularly scheduled Meeting.
Special Meetings
4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the Municipal Website at least one week prior to the amended Meeting date where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal
Website and the Press shall be notified by e-mail not less than twenty-four (24) hours before the time appointed for the Special Meeting.
Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section
4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office and on the Municipal Website, and shall be communicated electronically to the
Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting.
4.12 Adjournment - Due Hour
4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Council, by resolution, may direct. 4.13 Cancellation of Meeting
4.13.1 The Mayor or the Deputy Mayor, in the Mayor’s absence, or the Clerk, in the absence of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of
the opinion that weather conditions or an emergency warrant. The Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of Council of Committee. Section 5 - AGENDAS AND MINUTES
5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council:
I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda
IV. Announcements V. Presentations/Special Events VI. Delegations VII. Adoption of Minutes of previous Meeting(s) VIII. Motions and Notice of Motion IX. Open Forum X. Recreation, Culture, Tourism and Economic Development a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XI. Physical Services – Emergency Services a. Correspondence i. Receive for Information
ii. Requiring Action b. Reports to Council XII. Development Services – Sustainability and Conservation
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XIII. Finance and Administration a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIV. By-laws XV. Unfinished Business
XVI. Other Business XVII. By-law to Confirm the Proceedings of Council XVIII. Adjournment 5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question. 5.1.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.1.4. In order to ensure accountability and transparency of decision-making and to protect the public interest and ensure equitable treatment of all citizens, additions to the Agenda shall not be permitted, except when a matter is of a time-sensitive nature. Time-sensitive matters will be determined and agreed upon by the CAO|Clerk and the Mayor. A time-sensitive matter will be added to the Agenda via Addendum or brought
forth at the meeting of Council during the Review of Items Not Listed on the Agenda section. Any matter not deemed time-sensitive and not included on the Agenda prior to publication as noted in 5.1.2 will be included on the Agenda for the next meeting of
Council. 5.1.5 For the purpose of this section, a matter is deemed to be of a time-sensitive nature when it will negatively impact the health, safety and well-being of persons, expose the Municipality to liability or negatively impact the Municipality’s position in negotiation if Council does not make a decision and the Municipality does not act on the matter prior to the next regular meeting of Council. 5.1.6 In order to address accountability and transparency and in the event a Verbal Matter is proposed for inclusion on the Agenda, it shall be the responsibility of the member of staff or Council proposing the item to complete a Verbal Matters Form prior to the meeting, which will be included in the Agenda package and the Agenda reposted. In the event a Verbal Matters Form cannot be provided prior to the meeting, it is required to be provided to the CAO|Clerk no later than five (5) business days post-meeting to be
included on the Agenda package and the Agenda reposted. 5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment V. Public Participation VI. Correspondence VII. Other Business
VIII. Adjournment 5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting. 5.3 Committee of Adjustment Meeting Agenda 5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business
VII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Committee of Adjustment Meeting in question.
5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.4 Court of Revision Meeting Agenda
5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting IV. Staff Presentation V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting: IX. Call to Order
X. Disclosures of Pecuniary Interest XI. Chairman’s Remarks on the Purpose of the Meeting XII. Public Participation
XIII. Correspondence XIV. Other Business XV. Adjournment
5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Public Meeting in question. 5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.6 Meeting Minutes 5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment.
5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next Regular Meeting of the subject Meeting type. 5.6.3 Where the Minutes have been de livered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be approved shall be in order.
5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the Clerk. 5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of Council are posted on the Municipal website and prepared in accordance with Section 5.6 of this Procedural By-law.
Section 6 - ORDER OF PROCEEDINGS - COUNCIL 6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting,
the Mayor shall take the Chair and call the Members present to order. 6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined in this Procedural By-law until the Mayor is present at the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act
as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while ac ting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting.
6.3 Presentations / Special Events 6.3.1 At the request of a Member of Council or the Municipality’s staff, any person, organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting. 6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the Municipality; c) presentations from senior levels of government or other municipal
governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided
that permission has been obtained for the use of such equipment from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting. 6.4 Announcements 6.4.1 During the announcement portion of the Meeting, Members may announce or comment on community events and activities when recognized by the Chair. 6.5 Delegations
6.5.1 See Section 8 6.6 Open Forum 6.6.1 An Open Forum shall last no longer than ten (10) minutes. Each speaker will be
permitted to speak for a maximum of two (2) minutes total and will only be permitted to speak once. 6.6.2 Each speaker shall be required to register with the Clerk in writing prior to noon on the
day of a Council meeting, by providing their name and address and agenda item number, which may become part of the public record.
6.6.3 No discussion or debate, and no decision or motion shall be made during or as a result of comment made during Open Forum. 6.6.4 The Chair will call on registered speakers in order of their registration. 6.6.5 The Chair may conclude Open Forum prior to the (10) minute maximum time limit for non-compliance with the Open Forum parameters, conduct of members of the public, or any other reason. 6.6.6 The following matters will not be permitted during Open Forum: a) Comments/complaints against Members of Council or Municipal staff; b) Closed Session agenda items; c) Comments with respect to Minutes of Council or Committees; d) Comments that are contrary to the Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA) e) Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of a
comment related to a recommendation contained in a Staff Report. 6.7 Minutes
6.7.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda. 6.7.2 Previous Meeting Minutes may be disposed of through a single resolution or, alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.8 Motions and Notices of Motion
6.8.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council
Meeting at which it is to be presented for consideration and dealt with. 6.8.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council. 6.9 Correspondence 6.9.1 All Correspondence intended to be presented to Council shall be legibly written or
printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to Council. 6.9.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either “Receive for Information” or “Requiring Action” is assigned.
6.9.3 Notwithstanding Section 6.9.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the Agenda for the Meeting, may
be communicated to Council by way of an Addendum to the Agenda including a summary of the content of the Correspondence item.
6.9.4 Upon presentation of a motion and prior to its approval, any item of Correspondence may be the subject of limited discussion. Council may briefly discuss the matter and
if consensus is reached, a revised recommendation may be presented. 6.10 Reports to Council 6.10.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council. 6.10.2 Notwithstanding Sections 5.1.4 and 5.1.5 of this By-law, Reports to Council may be included on an Addendum at the sole discretion of the Clerk. 6.11 By-laws 6.11.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting
authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has
been approved by Council. The Clerk shall prepare and include in the Council Agenda a summary of all By-laws, specifying the title of each By-law. 6.11.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the number and date to be affixed. 6.11.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. 6.11.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the affirmative vote of
the majority of the Members present and voting. 6.11.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several
readings thereof. 6.11.6 Every By-law which has been enacted by Council shall be numbered and dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk. 6.12 Unfinished Business 6.12.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting. 6.13 Other Business
6.13.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain to information
items and can include Members’ Reports on Advisory Committees. Any proposal to present a Motion must comply with Section 10 of this By-law.
6.14 By-law to Confirm the Proceedings of Council 6.14.1 At the conclusion of all Regular and Special Meetings of Council and prior to Adjournment, a Confirming By -law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 6.15 Adjournment 6.15.1 See Sections 10.28, Section 10.29 and Section 10.30
6.16 Electronic Participation - Declared State of Emergency
6.16.1 Notwithstanding that set forth in Section 6, during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency Management and
Civil Protection Act, the following rules and regulations for electronic participation in a Council Meeting shall apply: a) A Member who is unable to attend a Council Meeting in person may
participate in that Meeting by electronic or other communication facilities if the
facilities enable all participating Members, whether attending in person or
through electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public,
the electronic or other facilities are capable of and enable the public to hear, or
watch and hear, all Members participating in the Meeting.
c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of
that intention at least 24 hours prior to the commencement of such Meeting,
provided that, if Notice of such Meeting is provided less than 24 hours prior to
its scheduled commencement, then the Member shall give to the Clerk as
much notice as possible prior to commencement of such Meeting. In all such
circumstances, the Clerk will, as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on how
to connect to and participate in that Meeting by electronic or other
communication facilities.
d) There shall be no limit upon the number of Members who may attend a
Meeting of Council by electronic or other communication facilities.
e) The Mayor (or designate), as Chair, shall lead the Meeting and be present
from a designated meeting location supported by the CAO (or designate),
where possible.
f) Each Member attending the Meeting by electronic or other communication
facilities shall notify the Chair and other Members when he or she joins the
Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other
communication facilities shall be counted for purposes of quorum at the
commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if
present in person, including but not limited to debate, questioning,
presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating by
electronic or other communication facilities, the Chair (or designate) shall
announce each agenda item on the floor of the Meeting and shall thereafter
maintain an orderly meeting process, including keeping Members fully
informed.
j) Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such
Meeting and that vote shall be counted and, as set forth below, duly recorded.
k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise.
ii. The Clerk shall call the name of each Member to vote and shall
thereafter record such indicated vote of that Member as “yes” or “no’.
iii. If the Member, whether present in person or electronically and after two
attempts, fails to respond to the call of his or her name, then the vote is
recorded as “no”, unless directed otherwise by the Chair.
iv. The Clerk shall announce the results of the vote to the Chair and
Council, including announcement of the specific vote of each Member as
either “yes” or “no”.
l) During the course of the Meeting:
i. Each Member shall remain silent and attentive to the proceeding when
not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor to
speak or to vote.
iii. All Members shall take and abide by the directions of the Chair in order
to facilitate an effective, efficient, and orderly Meeting.
m. The above rules and practices shall apply to all sessions of the Meeting,
whether open or closed to the public.
Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS
7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner: a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted; b) a member of the Municipal staff and/or Municipal Consultant shall then
address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity to ask questions or seek clarification regarding the matter; and e) members of the public shall then be permitted to make representation regarding the matter.
7.2 Adjournment
7.2.1 See Section 10.28, Section 10.29 and Section 10.30 Section 8 - DELEGATIONS 8.1 Delegations
8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later
than forty-eight (48) hours prior to the Regular Meeting. 8.1.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting.
8.1.3 Notwithstanding Section 8.1.2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority. 8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before Council for which the public has been given notice of the Public Meeting under the Planning Act, any other Act, or according to Municipal Policy, as required. 8.1.5 A Delegation shall be permitted to speak on a matter only once within a six (6) month
period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation’s comments, the
communication s hall be provided to the Clerk and may be distributed to the Members at the discretion of the Clerk.
8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter(s) contacts the Clerk’s Department to register for the meeting. The
presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 8.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address Council; or d) disobey the rules of procedure or a decision of the Chair of Council.
8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their
submissions or to elicit further information from them that is relevant to their submission. 8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality. 8.2 Petitions 8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk.
8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting of Council and, if in the opinion of the Clerk it contains any impertinent or improper matter or language,
the Clerk shall decide whether it should be included in the Agenda. Section 9 - RULES OF DEBATE AND CONDUCT
9.1 Conduct of Members of Council 9.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of
Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against Council, against any Member or against any
officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of
Procedure except where the ruling of the Chair is reversed by the Council pursuant to Section 10.23. If a Member persists in any such disobedience after having been called to order, the Chair shall
forthwith order that Member to vacate the Council Chambers or room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or f) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person.
9.2 Address the Chair 9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as
the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only.
9.3 Order of Speaking
9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 9.4 Point of Privilege
9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole, or the integrity of staff has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Council to the matter.
9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege.
9.4.3 When the Chair considers that the integrity of the Administrator or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Council. 9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 9.5 Point of Order 9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Council, the decision of the Chair shall be final.
9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Council, otherwise the decision of the Chair is final. 9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Council, without debate on the following question: “Will the ruling be sustained?”, and the decision of Council, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order.
9.8 Question Read
9.8.1 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking.
9.9 Speak Once – Reply
9.9.1 No Member shall speak more than once to the same question without leave of Council except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion. 9.10 Time Limited 9.10.1 No Member, without leave of Council shall speak to the same question or in reply for longer than five (5) minutes. 9.11 Questions
9.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked
only through the Chair. 9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next
speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak. Section 10 - MOTIONS Reading 10.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes.
10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate. 10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or
as part of a Report, it need not be read in its entirety unless requested to do so by a Member of Council but shall be deemed as read for the purposes of introducing the Motion.
Withdrawn 10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of Council, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the question or motion may be read before being put.
Motion ruled out of order 10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the
Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave 10.8 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure; e) to lift from the table; f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess.
10.9 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated:
a) to refer with direction (direction for referral only to be debatable); b) to table with instructions (instructions for tabling only to be debatable); c) to amend; and d) to rescind.
Priority of Disposition 10.10 A motion properly before Council for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 10.8 and 10.9.
Motion to Amend 10.11 A motion to amend: a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 10.12 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion.
Question be now put 10.13 A motion that the question be now put: a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put; e) when resolved in the affirmative, requires that the question, motion,
amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, “that the question be now put”; and g) requires an affirmative vote of two-thirds (2/3) of the Members present
and voting. Motion to refer or defer/postpone
10.14 A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or
postponed. 10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 10.15. Motion to table
10.17 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended.
10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and
Section 10.16. 10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment. Motion to divide 10.21 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members
present and voting. Motion to rescind
10.22 A motion to rescind a previous action of Council requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the
Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 10.23 A motion to rescind is not in order when action has been taken on the order of Council of which it is impossible to revise. The part of an order of Council which has not been acted upon, however, may be rescinded.
Reconsideration 10.24 A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council. Motion to recess 10.25 A motion to recess shall provide for Council to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted.
10.26 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 10.27 A motion to adjourn is not debatable or amendable and shall always be in order except:
a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the
matter before Council. 10.28 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the
Council to an end. 10.29 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and
voting. Section 11 - VOTING ON MOTIONS
11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the
form introduced and shall do so if required by a Member.
11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. 11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 11.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that
question. 11.6 Each Member has only one vote.
11.7 The Chair shall announce the result of every vote.
Unrecorded Vote 11.8 The manner of determining the decision of the Council on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 11.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question.
11.10 The order in which Members, present and voting, vote on Recorded Votes shall be: a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and c) Mayor 11.11 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question. Section 12 - CONDUCT OF THE AUDIENCE
12.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a
Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council
Chambers, or any other location in which Council may conduct their business.
12.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 13- ADMINISTRATION
13.1 This By-law shall be administered by the Clerk. 13.2 By-law Nos. 2018-005, 2020-025, and 2021-031 shall be repealed in their entirety. 13.3 This By-law shall come into full force and effect on the 6th day of January, 2022.
READ A FIRST, SECOND and THIRD time and finally passed on the 6th day of January 2022. ____________________________ _____________________________ MAYOR CLERK
Schedule “A” to By-law 2022-002
SITE PLAN AGREEMENT
BETWEEN
LIGHTHOUSE GOSPEL CHURCH TRUSTEES
Plan 12 Part Unnumbered Lot
Roll # 34-01-002-001-07900
AND
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
THIS AGREEMENT made in duplicate this 6th day of January 2022.
B E T W E E N:
LIGHTHOUSE GOSPEL CHURCH TRUSTEES
Hereinafter called the “OWNER”
OF THE FIRST PART
- AND -
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
Hereinafter called the “MUNICIPALITY”
OF THE SECOND PART
WHEREAS the Owner is the Owner Trustees in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Plan 12 Part Unnumbered Lot, more
particularly described in Attachment “A” attached hereto (and hereafter referred to as the “Lands”); AND WHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a Site Plan Control Area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan drawings attached hereto, as Attachment “C” (and hereafter referred to as the “Plans”);
AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan Agreement with Lighthouse Gospel Church Trustees. NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is
acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows:
1. The Owner agrees that no building permit will be available until the Agreement has been
approved by the Municipality, and further agrees that work will not commence prior to the
issuance of the building permit.
2. The following Attachments, which are identified by the signatures of the parties to this
Agreement, and which are attached hereto, are hereby made a part of this Agreement,
as fully and to all intents and purposes as though recited in full herein:
ATTACHMENT “A” – DESCRIPTION OF SUBJECT LANDS
ATTACHMENT “B” - CERTIFICATE OF COMPLIANCE
ATTACHMENT “C” – SITE SERVICING AND GRADING PLAN
3. Attachment “A” hereto describes the lands affected by this Agreement.
4. Attachment “C” - Overall Site Servicing & Grading Plan shows:
a) the location and height of all buildings and structures existing and/or to be
erected;
b) the location of vehicular entrances and exits;
c) the location and provision of off-street vehicular loading and parking spaces,
including driveways for emergency vehicles;
d) building finished floor elevations (if deemed necessary by the Municipality);
e) all proposed structures showing setback measurements and dimensions
5. The Owner agrees that the building or buildings will be erected or developed in
accordance with the Plans approved, subject only to such changes as have received
advance approval.
6. The Owner agrees that the site development and servicing will be in accordance with the
Plans as approved, subject only to such changes as have received advance approval.
7. The Owner further agrees that (as applicable):
a) final grades and elevations will be established to the satisfaction of the
Municipality. The Owner will provide proof of final grades and elevations certified
by a professional land surveyor or civil engineer, prior to the final release of the
Letter of Credit.
b) all necessary provisions for service connections on site will be made to the
satisfaction of the Municipality.
c) construction work will be carried forward expeditiously in good and workmanlike
manner, in accordance with good trade practice and so to cause a minimum of
nuisance.
d) all necessary precautions to avoid dust, noise and other nuisance and to provide
for the public safety will, so far as possible, be taken and which comply with The
Construction Safety Act.
e) all necessary care will be taken to see that mud and soil is not tracked or spilled
onto any public street, and where such tracking occurs, the street shall be
cleaned at the end of each working day.
f) unless otherwise provided, all parking lots and walkways will be finished with hot-
mix asphalt, concrete, gravel or paving stones to the satisfaction of the
Municipality and have permanent bumper curbing along all parking areas that
abut the property limits.
g) no topsoil shall be stockpiled on any other portion of the Owner’s lands except
those lands identified in Attachment “A” to this agreement; and all topsoil shall be
stockpiled and maintained in a manner which allows for the maintenance of
weeds; and the Municipality may go in and do the same at the Owner’s expense,
and collect the cost in like manner either as municipal taxes or from the Letter of
Credit deposited as performance security.
h) stock-piling of snow will not be allowed on the site where it will constitute a hazard
to public right-of-ways.
i) the electrical servicing of the property shall be subject to the approval of Hydro
One.
j) upon failure by the Owner to do any act during the development period herein,
that the public safety or convenience requires, in accordance with this
Agreement, upon seven (7) days written notice, the Municipality, in addition to
any other remedy, may go in and do same at the Owner’s expense, and collect
the cost in like manner either as municipal taxes or from the Letter of Credit
deposited as performance security.
k) the Municipality may treat any breach of this Agreement as a breach of the
Building By-Law, and upon twenty-four (24) hours written notice to the Owner,
stop work until the breach is rectified.
l) nothing in this Agreement constitutes waiver of the owner’s duty to comply with
any by-law of the Municipality or any other law.
8. The Owner shall:
a) be responsible for consulting with and obtaining any deemed necessary
approvals from the County of Elgin for any matters that relate to County Road 50
(Victoria St)
b) be responsible for consulting with Hydro One regarding any matters that relate to
services provided by Hydro One.
9. The Owner shall be responsible for consulting with and obtaining any necessary approval
from all regulatory bodies such as, but not limited to, the Long Point Region Conservation
Authority and the Ministry of the Environment as deemed necessary.
10. The Owner shall satisfy all the requirements in relation to the fire protection for the
building(s) to the satisfaction of the Municipality’s Fire Chief.
11. The Owner agrees to pay for damages to public property including but not limited to
municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems,
which may occur during the period of construction. Any such repair may be undertaken
by the Ministry of Transportation and/or the Municipality at the expense of the Owner,
within thirty (30) days notice.
12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the
Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe
flow of traffic on abutting or adjacent streets.
13. If the Ontario Building Code requires that an Architect or Professional Engineer or both,
shall be responsible for the field review of any new building or extension, provided for in
this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any
said new building or extension, until after an Architect or Professional Engineer has given
to the Municipality, a letter addressed to the Municipality, and signed by the said
Architect or Professional Engineer, certifying that all construction and/or services on or in
the said lands, required for this development or redevelopment, newly installed by the
Owner in connection with this development or redevelopment, have been installed and/or
constructed in a manner satisfactory to the Architect or Professional Engineer.
14. The Municipality, through its servants, officers and agents, including it’s Chief Building
Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time,
enter on the premises of the Owner to inspect:
a) the progress of development;
b) the state of maintenance as provided for in this Agreement.
15. In the event of any servant, officer or agent of the Municipality, determining, upon
inspection, that the development is not proceeding in the strict accord with the Plans and
specifications filed, such servant, officer or agent shall forthwith, place a notice requiring
all work to be stopped upon the premises and forward a copy, by registered mail, to the
Owner at the last known address, on the last revised assessment roll, and the Owner
shall forthwith correct the deficiency or deviation.
16. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the
opinion that the state of maintenance is not satisfactory, such servant, officer or agent
shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the
last known address, and the Owner shall forthwith correct the deficiency or appeal to the
Council of the Municipality of Bayham, as hereinafter provided.
17. In the event that the Owner should disagree with the opinion of the servant, officer or
agent of the Municipality, as to the state of maintenance, such Owner shall appear before
the Council of the Municipality of Bayham, which after hearing the Owner, shall express
its opinion as to whether the maintenance is satisfactory, by resolution, which shall
constitute a final determination of the matter.
18. In the event that the Owner shall fail to obey a stop work order issued under Section 17
hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a
restraining order.
19. In the event that an Owner shall fail to correct a deviation or deficiency after notice
pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality
of Bayham determines is correct, under Section 17, the Council of the Municipality of
Bayham, may by by-law, direct, on default of the matter or thing being done by the
Owner, after two (2) week’s notice, to it by registered mail, at the last known address of
the Owner, pursuant to the last revised assessment roll of passage of such By-Law, that
such matter or thing be done by the Municipality, at the expense of the Owner, which
expense may be recoverable by action as municipal taxes, or from the Letter of Credit
deposited as performance security.
20. Unless otherwise authorized, in the event of the Owner wishing to change at any time,
the buildings, structures or facilities described in Attachment “C”, it shall make application
to the Council of the Municipality of Bayham, for approval, and shall not proceed with
such change until approval is given by such Council, or in default by The Ontario
Municipal Board, under the procedure set out in Section 41 of The Planning Act, 1990,
herein before referred to.
21. The Owner agrees to pay to the Municipality all administration costs incurred in
connection with this Agreement, and the fulfillment of this Agreement, including legal,
engineering and inspection costs.
22. LIABILITY INSURANCE
Before commencing any of the work provided for herein, the Owner shall supply the
Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence,
and in a form satisfactory to the Municipality, indemnifying the Municipality from any loss
arising from claims for damages, injury or otherwise, in connection with the work done by
or on behalf of the owner of the development. The said policy shall be provided at the
time of the signing of the Agreement and remain in force, until the development is
complete and all required documentation as per Article 15 has been filed with the
Municipality.
23. PERFORMANCE GUARANTEE
The Owner hereby defines the completion date of this Agreement and project to be
completed on or before December 31, 2022. It will be the Owner’s responsibility to
require, in writing, an extension to this agreement/project, within sixty (60) days of the
above stated completion date, should an extension be required.
As security for the performance and completion of all works required by this agreement,
the Owner shall supply the Municipality with a Letter of Credit, equal to $0.00. The Letter
of Credit will be based on the estimated cost of alterations to public property, roadway,
curbs and gutters and drains, and any repairs for damages to public property, roadway,
sidewalks, curbs and gutters and drains, plus all site specific components as defined by
the Site Plans and Site Servicing Plans, Attachment “C”, which are approved under this
Agreement. The amount of the Letter of Credit shall be established by the Municipality.
The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this
Agreement and payable to the Municipality at any time or in part, from time to time, upon
written notice from the Municipality, shall be provided at the time of signing of this
Agreement, and shall remain in force, until Twelve (12) months following the completion
of this project.
24. This Agreement and the provisions thereof, do not give to the Owner or any person
acquiring any interest in the said lands any rights against the Municipality with respect to
the failure of the Owner to perform or fully perform any of its obligations under this
Agreement or any negligence of the Owner in its performance of the said obligations.
25. In the event that no construction on the said lands has commenced within one (1) year
from the date of registration of this Agreement the Municipality may, at its option, on one
month's notice to the owner, declare this Agreement to be subject to re-negotiation,
whereupon the Owner agrees that it will not undertake any construction on the said lands
until this Agreement has been re- negotiated.
26. The Owner agrees that it will not call into question, directly or indirectly in any proceeding
whatsoever in law or in equity or before any administrative tribunal the right of the
Municipality to enter into this Agreement and to enforce each and every term, covenant
and condition herein contained and this Agreement may be pleaded as an estoppels
against the Owner in any case.
27. The Owner agrees on behalf of themselves, their heirs, executors, administrators and
assigns, to save harmless and indemnify the Municipality, from all losses, damages,
costs, charges and expenses which may be claimed or recovered against the
Municipality by any person or persons arising either directly or indirectly as a result of
any action taken by the Owner, pursuant to this Agreement.
28. All facilities and matters required by this Agreement shall be provided and maintained by
the Owner at its sole risk and expense to the satisfaction of the Municipality and in
accordance with the standards determined by the Municipality and in default thereof, and
without limiting other remedies available to the Municipality, the provisions of Section 326
of The Municipal Act, R.S.O. 1990, shall apply.
29. This Agreement shall be registered at the expense of the Owner, against the land to
which it applies, and the Municipality shall be entitled, subject to the provisions of The
Registry Act, to enforce its provisions against the Owner, named herein, and any and all
subsequent Owners of the land.
30. A Certification of Compliance attached hereto as Attachment “B”, shall be filed by the
Owner, following completion of the development to ensure all details of the Site Plan
Agreement have been complied with.
IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and
duly attested to by their authorized signing officers in that behalf.
We have the authority to bind the Corporation.
Witness Frank Banman, Trustee Witness Carlos Peters, Trustee THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Ed Ketchabaw, Mayor
Thomas Thayer, Clerk
ATTACHMENT ‘A’
Property Assessment Roll No.: 34-01-002-001-07900 Municipal Address: 59 Victoria Street, Port Burwell Legal Property Description: Plan 12 Part Unnumbered Lot, Municipality of Bayham, County of Elgin PIN # ______________________________________
ATTACHMENT ‘B’
SITE PLAN AGREEMENT
LIGHTHOUSE GOSPEL CHURCH TRUSTEES
CERTIFICATE OF COMPLIANCE
PROPERTY IDENTIFICATION:
Municipal Address: 59 Victoria Street, Port Burwell
Property Roll#: 34-01-002-001-07900
Owner(s): Lighthouse Gospel Church
This document serves to certify that the development project on the above noted lands has been
completed in accordance with the terms and conditions of the Site Plan Agreement between the
undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated
____________, 20___, and as authorized by By-law No. 20____-____ for the said Municipality
of Bayham.
The undersigned makes this certification declaring it to be true and correct and as if made under
oath.
Dated at , Ontario this _____ day of _____, 20___.
I have the authority to bind the Corporation.
Witness Frank Banman, Trustee
Witness Carlos Peters, Trustee Address:
Phone Number
ATTACHMENT ‘C’
Overall Site Servicing and Grading Plan
RULES OF PROCEDURE
FOR THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AS ADOPTED BY BY-LAW NO. 2022-003
TABLE OF CONTENTS – PROCEDURAL BY-LAW MUNICIPALITY OF BAYHAM SECTION TITLE 1 DEFINITIONS AND INTERPRETATION 2 GENERAL PROVISIONS
3 DUTIES OF COUNCIL 4 MEETINGS 5 AGENDAS AND MINUTES 6 ORDER OF PROCEEDINGS-COUNCIL 7 ORDER OF PROCEEDINGS-PUBLIC MEETING 8 DELEGATIONS 9 RULES OF DEBATE AND CONDUCT 10 MOTIONS 11 VOTING ON MOTIONS
12 CONDUCT OF AUDIENCE 13 ADMINISTRATION
BY-LAW NO. 2022-003 OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BEING A BY-LAW TO GOVERN THE PROCEEDINGS OF THE COUNCIL OF THE MUNICIPALITY OF BAYHAM, AND OF ITS COMMITTEES AND THE CONDUCT OF ITS MEMBERS WHEREAS Section 238(2) of the Municipal Act, S.O.2001, c.25 as amended, requires every Municipality to pass a Procedural By-law for governing the calling, place and proceedings of meetings;
AND WHEREAS the Council for the Corporation of the Municipality of Bayham now deems it advisable to enact a by-law to govern the proceedings of Council, the conduct of its Members and
the calling of Meetings, and to provide for procedures and statutory requirements in accordance with the Municipal Act, S.O.2001, c.25 as amended, and to repeal all previous By-laws related thereto; NOW THEREFORE the Council for the Corporation of the Municipality of Bayham enacts as follows: Section 1 – DEFINITIONS AND INTERPRETATION 1.1 For the purposes of this By-law; unless stated otherwise or the context requires a different meaning: 1.1.1 “Acting Head of Council” shall mean the Deputy Mayor when the Mayor is absent or
refuses to act or the office of the Mayor is vacant or, when the Mayor and Deputy Mayor are absent or refuse to ac t or the offices of the Mayor and Deputy Mayor are vacant, the member of Council who is appointed by Council to act from time to time in the place and stead of the Mayor and who shall exercise all of the rights, power s and authority of the Head of Council while so acting. 1.1.2 “Ad Hoc Committee” shall mean a special purpose committee of limited duration, appointed by Council to consider a specific matter and which is dissolved automatically upon submitting its final report to Council, unless otherwise directed
by Council. 1.1.3 “Advisory Committee” shall mean a committee appointed by Council to act in an advisory capacity to Council on operational and strategic issues during the full term of Council. 1.1.4 “CAO|Clerk” shall mean the CAO|Clerk of the Corporation of the Municipality of Bayham. 1.1.5 “Chair” in the case of the Council shall mean the Mayor, Deputy Mayor or the Member appointed to act as Chair during the absence of the Mayor and Deputy Mayor from a Meeting or a portion of a Meeting. While acting as Chair the Member shall exercise all of the powers and responsibilities of the Mayor under this Procedural By-law. In the case of the a Statutory Public Meeting, Public Meeting or
a Court of Revision Hearing, Chair shall mean the Mayor, Deputy Mayor or the Member, whoever presides over a portion of the Meeting of the Statutory Public Meeting, Public Meeting or a Court of Revision Hearing as provided for in this
Procedural By-law. In the case of an Ad Hoc Committee or Advisory Committee, Chair means the Member appointed as such by the Committee.
1.1.6 “Clerk” shall mean the Clerk of the Municipality of Bayham and includes the Deputy Clerk and any official of the Municipality appointed by Council to exercise the
power(s) of the Municipal Clerk in the absence of the Clerk or Deputy Clerk.
1.1.7 “Committee” shall mean a committee of Council and includes Standing Committees, or sub-committees of the Standing Committees.
1.1.8 "Committee of Adjustment" shall mean the group of individuals appointed by the Council of the Municipality of Bayham to the Committee of Adjustment pursuant to
the provisions of the Planning Act, R.S.O., 1990, c.P.13, as amended. 1.1.9 “Council” shall mean the Council of the Corporation of the Municipality of Bayham.
1.1.10 “Councillor” shall mean a person elected or appointed as a Member of Council but does not include the Mayor. 1.1.11 “Delegation” shall mean a person or group of persons desiring to verbally present information or to make a request to Council. 1.1.12 “Deputy Mayor” shall mean the Member of Council who is elected to the position and who, in the absence of the Mayor, shall exercise the power s and responsibilities of the Mayor provided for in this By-law or any other by-law or statute. 1.1.13 “Holiday” shall mean a holiday as defined by the Legislation Act, 2006 S.O. 2006, c. 21, Schedule F as amended or replaced from time to time. 1.1.14 “Local Board” shall mean a local board as defined in the Municipal Act, S.O.2001,
c.25 as amended. 1.1.15 “Mayor” shall mean the Head of Council for the Municipality. 1.1.16 “Meeting” shall mean any Regular or Special Meeting of Council, including a Statutory Public Meeting, Public Meeting or a Court of Revision Hearing. 1.1.17 “Member” shall mean a Member of the Council of the Corporation of the Municipality of Bayham, and includes the Mayor. 1.1.18 “Motion” shall mean a question or proposal to be considered by Council and which is moved and seconded and is subject to debate. When a Motion is adopted, it becomes a Resolution. 1.1.19 “Municipal Act” shall mean the Municipal Act, 2001, (S.O.2001, c. 25), as amended or replaced from time to time. 1.1.20 “Municipality” shall mean the Corporation of the Municipality of Bayham. 1.1.21 “Newspaper” shall mean a printed publication in sheet form, intended for general
circulation, published regularly at intervals of not longer than one week, consisting in great part of news of current local events of general interest and made available to the public. 1.1.22 “Pecuniary Interest” shall mean a direct or indirect Pecuniary Interest within the meaning of the Municipal Conflict of Interest Act, R.S.O.1990, chapter M.50, as may
be amended. 1.1.23 “Planning Act” shall mean the Planning Act, R.S.O. 1990, c.P. 13, as amended.
1.1.24 “Point of Order” shall mean a statement made by a Member during a Meeting
drawing to the attention of the Mayor or Chair a breach of the Rules of Procedure.
1.1.25 “Point of Privilege” shall mean the raising of a question that concerns a Member, or all of the Members of Council, when a Member believes that his rights, immunities or integrity or the rights, immunities or integrity of Council or staff as a whole have been impugned. 1.1.26 “Presiding Member” shall mean the Mayor or Acting Mayor or Chair of the
Meeting. 1.1.27 “Quorum” shall be as defined in Section 4.9 herein. 1.1.28 “Recorded Vote” shall mean the written record of the name and vote of every Member present when the vote is called on any matter or question during a Meeting
of Council. 1.1.29 “Resolution” shall mean a formal expression of opinion or intention by Council. 1.1.30 “Rules of Procedure” shall mean the rules and requirements contained within this Procedural By-law. 1.1.31 “Vice Chair” shall mean such Member of a Committee who has been appointed to
act in the place and stead of the Committee Chair when such Chair is absent from a meeting of the Committee for any cause and who shall exercise all the rights, power and authorities of the Chair. 1.1.32 “Website” shall mean the Municipality of Bayham website address identified as www.bayham.on.ca 1.2 Unless the context otherwise requires, in this Procedural By-law the words used in the male gender shall include the female gender and the singular shall include the plural, and vice-
versa, as the context requires. Section 2 - GENERAL PROVISIONS
2.1 Applicability
2.1.1 Save as otherwise provided herein, the procedural rules and requirements of this by-law shall be observed in all Meetings and shall be the rules and requirements which govern the order of their business. 2.2 Suspension of Rules and Procedures 2.2.1 Notwithstanding Section 2.1.1 of this Procedural By-law, the rules referenced in this Section may be temporarily suspended by a vote of three-quarters (3/4) of the Members present and voting: a) rules about a change to the order of procedure in the Agenda content; b) rules about delegation status;
c) rules about the increase or decrease of delegation speaking time and debate limitations. 2.3 Issue not Addressed 2.3.1 If an issue is raised that is not expressly addressed in this By-law, the issue shall be
decided by the Mayor, Deputy Mayor or Chair, subject to an appeal to the Council.
2.3.2 All points of order or procedure not provided for in these Rules of Procedure shall be decided in accordance with the rules of procedure known as Robert’s Rules of Order. 2.4 Video Equipment, Recording Devices and Cellular Telephones 2.4.1 The use of cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature used for transcribing or recording proceedings by auditory or visual means by accredited and other representatives of any news media or members of the general public is permitted only with the approval of Council.
2.4.2 Cameras, electric lighting equipment, television cameras and any other device of mechanical, electronic or similar nature shall be turned off immediately if requested by a member of the audience wishing to speak to Council.
2.4.3 All communication devices shall be switched to ‘silent’ upon entering the location where any Council Meeting is being held.
Section 3 - DUTIES OF COUNCIL 3.1 Duties of the Mayor
3.1.1 It shall be the duty of the Mayor, or acting Head of Council, to carry out the responsibilities of a head of council set forth in the Municipal Act, in addition to the following responsibilities: a) to open the Meeting of Council by taking the Chair and calling the Members to order; b) to announce the business before the Council in the order in which it is to be acted upon; c) to receive and submit, in the manner prescribed by this Procedural By-law, all motions presented by Members;
d) to recognize any Member who wishes to speak and to determine the order of speakers; e) to put to vote all questions which are regularly moved and seconded, or
necessarily arise in the course of the proceedings and to announce the results; f) to decline to put to vote motions which contravene the provisions of the Procedural By-law; g) to enforce the provisions of the Procedural By-law; h) to enforce on all occasions the observance of order and decorum among the Members; i) to call by name, any Member refusing to comply with this Procedural By-law and to order the Member to vacate the Council Chamber, or the place of Meeting, as the case may be; j) to cause to be expelled and excluded any member of the public who creates a disturbance or acts improperly during a Meeting and, if necessary, to direct the Municipal Clerk to seek appropriate assistance from the Ontario Provincial Police Service; k) to authenticate, by signature, all By-laws and Meeting minutes;
l) to rule on any points of order raised by Members of Council; m) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things;
n) to adjourn the Meeting when the business is concluded, or if considered necessary by the Mayor because of grave disorder, to adjourn the sitting without putting to the vote any question, or suspend the sitting for a time to be
named.
3.1.2 By virtue of his office, the Mayor is appointed as an ex-officio member of Advisory Committees and Municipal Service Boards. 3.2 Duties of the Deputy Mayor 3.2.1 Where the Mayor gives notice to the Municipal Clerk that he will be absent from the Municipality, or of his absence through illness, or his office is vacant, or he refuses to act, then the Deputy Mayor shall act in his place and instead of the Mayor and, while so acting, has and may exercise all the rights, powers and authority of the Head of Council. 3.2.2 Act as an alternate lower-tier member to attend County Council where the Mayor gives
notice to the County Clerk that he will be absent, or of his absence through illness, then the Deputy Mayor may act in his place and while so acting, has and may exercise all the rights, powers and authority of the member of County Council.
3.3 Participation of Chair in Debate
3.3.1 The Chair who presides over any part of a Meeting may state relevant facts and the Chair’s position on any matter before Council without leaving the chair, which may take place immediately prior to the vote, but it shall not be permissible for the Chair to move a motion or debate without first leaving the chair. 3.3.2 If, during a Meeting of Council, the Mayor desires to leave the chair to move a motion or take part in the debate pursuant to Section 3.3.1, or otherwise, the Mayor shall call on the Deputy Mayor or, in his absence, the Acting Head of Council to preside until the Mayor resumes the chair. 3.4 Duties of the Members of Council
3.4.1 It shall be the duty of the Members to carry out the role of council as set forth in the Municipal Act, in addition to the following responsibilities:
a) to deliberate on the business submitted to Council; b) to vote when a motion is put to a vote, except where otherwise disqualified from doing so by law;
c) to represent and support the decisions of Council, declaring its will and explicitly and implicitly obeying its decisions in all things d) to Chair the portion a Meeting for which he is the appointed Chair and assume the duties of the Mayor as detailed in Section 3.1.1; and e) to apply and respect the Rules of Procedure. 3.4.2 Council Members shall adhere to the Council Code of Conduct attached hereto as Schedule “A” to this Procedural By-law, as adopted by Council and as amended from time to time. Section 4 - MEETINGS
4.1 Place of Meeting
4.1.1 Unless otherwise directed by Council, all Regular and Special Meetings shall be held in the Council Chambers of the Municipal Office at 56169 Heritage Line, Straffordville, Ontario.
4.2 Inaugural Meeting
4.2.1 The Inaugural Meeting of the Council shall be held, in a year in which a municipal election is held, at a time determined by the Head of Council-Elect and the CAO|Clerk. 4.2.2 The Clerk shall be responsible for the location, content and format of the Agenda for the Inaugural Meeting and all arrangements related thereto. 4.3 Regular Meetings 4.3.1 Regular Meetings of Council shall be held on the first and third Thursday of each month commencing at 7:00 p.m., unless such a day is a Holiday, or on such other day and time as may be determined from time to time by resolution of Council.
4.3.2 Where a change is made to the day and time of a Meeting of Council, the Clerk shall notify the Mayor, give notice of the change to all Members in the manner set forth in
Section 4.4.3 and provide notice to the Public by posting notice on the Municipal website and at the Municipal Office. 4.4 Special Meetings 4.4.1 In addition to Regular Meetings, the Mayor may, at any time, summon a Special Meeting of Council by giving direction to the Clerk stating the date, time and purpose of the Special Meeting. 4.4.2 The Clerk shall summon a Special Meeting of Council when requested to do so in writing by a majority of Members, at the time mentioned in the request. 4.4.3 Written notice of a Special Meeting of Council shall be given to all Members at least twenty-four (24) hours before the time appointed for such Meeting and shall be delivered electronically via e-mail to their respective Municipal e-mail address. a) The written or verbal notice shall indicate the nature of the business to be considered at the Special Meeting as well as date, time and place of the
Meeting. 4.4.4 No business other than that indicated in the written or verbal notice shall be considered at the Special Meeting except with the unanimous consent of all Members present and voting at such Meeting. 4.4.5 All Special Meetings of Council shall be held at the location of the last Regular Meeting of Council unless an alternative location is specified in the notice of Special Meeting. 4.4.6 Lack of sufficient notice, as provided for herein, shall not affect the validity of holding
a Special Meeting or any action taken thereat where all Members are present at the Meeting or where any Member or Members who are absent consent to the holding of such Meeting and so inform the Clerk. 4.5 Emergency Meeting
4.5.1 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, an emergency Special Meeting of the Council may be called by the Mayor without advance notice being given by the Clerk pursuant to this By-law, to consider and deal with such urgent and extraordinary matters. a) In this case, the consent of two-thirds (2/3) of the Members to hold such a
Meeting without advance notice is necessary and such consent, if any, shall
be recorded in the minutes by the Clerk. 4.5.2 Notwithstanding any other provision of this By-law, on urgent and extraordinary occasions, Council may, by Resolution, authorize the holding of a Regular or Special Meeting at a location outside the Municipal boundaries. 4.6 Statutory Public Meetings, Public Meetings, Court of Revision Hearings, Hearings or Information Sessions Held Under the Planning Act, Development Charges Act and Other Applicable Legislation
4.6.1 Council from time to time may conduct Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session for any purpose giving such Notice as may be deemed necessary or required by law, or the Municipality’s Public Notice Policy, as amended from time to time. 4.6.2 If Council is required by law to hold a Statutory Public Meeting, Public Meeting, Court of Revisions Hearing, Hearing or other Information Session the Rules of Procedure outlined herein shall govern.
4.7 Meetings Open to Public
4.7.1 Subject to Section 4.8 of this Procedural By-law, Meetings shall be open to the public and no person shall be excluded therefrom except for improper conduct. 4.7.2 The Mayor or Chair may request that members of the public vacate the Council Chambers if their behaviour is deemed to be disruptive to the business at hand. The
Mayor or Chair may unilaterally suspend the Meeting until order is restored in the Council Chambers.
4.8 Closed Meetings 4.8.1 Except as otherwise provided herein, all Meetings shall be open to the public.
4.8.2 Council may, by resolution, close a Meeting or part of a Meeting to members of the public if the subject matter being considered is: a) the security of the property of the Municipality or Local Board; b) personal matters about an identifiable individual, including Municipal and
Local Board Employees; c) a proposed or pending acquisition or disposition of land by the Municipality; d) labour relations or employee negotiations; e) litigation or potential litigation, including matters before administrative tribunals, affecting the Municipality; f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose; g) a matter in respect of which the Council is authorized by another provincial
statute to hold a closed meeting; h) information explicitly supplied in confidence to the municipality or local board by Canada, a province or territory or a Crown agency of any of them; i) a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the municipality or local board, which, if
disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization;
j) a trade secret or scientific, technical, commercial or financial information that belongs to the municipality or local board and has monetary value or potential
monetary value; or k) a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board. 4.8.3 A motion by Council to close a Meeting or part of a Meeting to the public shall state:
a) the fact of the holding of the closed Meeting; and b) the general nature of the subject matter to be considered at the closed Meeting.
4.8.4 Where a Meeting or part of a Meeting is closed to the public, Council shall request those persons not specifically invited to the closed Meeting to vacate Council Chambers, or such room in which the Meeting is being held, as the case may be. 4.8.5 A Meeting or part of a Meeting shall not be closed to the public during a vote except where permitted by law including, without limitation, Section 239(6) of the Municipal Act, which allows a Meeting to be closed to the public during a vote pursuant to sections
239 (2) or (3) and the vote is for a procedural matter or for giving directions or instructions to officers, employees or agents of the Municipality or persons retained by or under a contract with the Municipality, and Council deems that it is in the best interests of the Municipality to do so. 4.8.6 Notwithstanding Section 4.8.5, the vote on a resolution approving a contract for the
acquisition or disposal of land, including the sale of road allowances, shall be conducted in open session. 4.8.7 The Motion to rise from “In Camera” shall include the time that Council arose followed by a subsequent motion for each item considered in Council Session
4.8.8 The Clerk shall record without note or comment all resolutions, decisions and other proceedings at a Meeting of Council when it is closed to the public. 4.8.9 Members shall ensure that confidential matters disclosed to them during closed Meetings are kept confidential. Any breach of confidential matters disclosed during closed Meetings shall be subject to the sanctions contained in the Council Code of Conduct. 4.9 Quorum 4.9.1 A quorum of Council shall be three (3) Members. A concurring vote of a majority
of Members present and voting is necessary to carry a resolution. 4.9.2 A quorum of an Ad Hoc Committee shall be a majority of the Members of the Ad Hoc Committee. 4.9.3 If a Quorum is not present within thirty (30) minutes after the time appointed for
the Meeting, the Clerk or designate shall record the names of the Members present and the Meeting shall stand adjourned until the date of the next Regular Meeting or other Meeting called in accordance with the provisions of this Procedural By-law. 4.10 Education and/or Training Sessions 4.10.1 An Education and/or Training Session of Council shall not be deemed to be a
Meeting of Council and shall not be subject to the rules and regulations applicable to
Meetings contained in this By-law. 4.10.2 The Council may decide at a Meeting open to the public to convene an informal gathering of its Members to receive and discuss information or advice of a general nature involving subject matters of interest to the Members, at a time and place designated at that time by the Council.
4.10.3 The Council, in deciding to convene an Education and/or Training Session, shall designate the general purpose or purposes for which the session is to be held.
4.10.4 An Education and/or Training Session may be held at any place designated by the Council at the time at which it makes its decision to convene the session, whether or not within the boundaries of the Municipality or any adjacent municipality. 4.10.5 All Members of Council are entitled to attend at the session, together with the designated staff or consultants retained by the Municipality, but the Council, in deciding to convene the session, may decide to exclude the public therefrom.
4.10.6 No motion, resolution, by-law, debate, agreement in principle, consensus, straw-vote, report, recommendation or other action or decision may be proposed, discussed, decided upon, adopted, taken or made at an Education and/or Training
Session. 4.10.7 The Clerk shall take notes describing, in general terms, each subject matter dealt with during the session and upon conclusion thereof, the notes shall be maintained as a public record under the control of the Clerk which records shall not be subject to section 6(1)(b) of the Municipal Freedom of Information and Protection of Privacy Act, as amended.
4.11 Public Notice of Meeting Regular Meetings
4.11.1 Public notice of the Regular Meeting schedule for each month shall be posted on the Municipal Website no later than the second week of the month prior to the commencement of the monthly schedule. 4.11.2 Public notice of each regularly scheduled Meeting shall be deemed to be given by making the agenda available for viewing on the Municipal Website by 4:00 P.M. on the Friday preceding the regularly scheduled Meeting.
Special Meetings
4.11.3 Notice of amendment to the Schedule of Regular Meetings shall be posted on the Municipal Website at least one week prior to the amended Meeting date where practicable to do so. 4.11.4 Notice of Special Meetings shall be posted at the Municipal Office, on the Municipal
Website and the Press shall be notified by e-mail not less than twenty-four (24) hours before the time appointed for the Special Meeting.
Emergency Special Meetings 4.11.5 Where an Emergency Special Meeting of Council is held in accordance with Section
4.5, notice of the Emergency Special Meeting shall be posted at the Municipal Office and on the Municipal Website, and shall be communicated electronically to the
Press as soon as practicable following the Meeting and shall indicate the nature of the business considered at the Emergency Special Meeting.
4.12 Adjournment - Due Hour
4.12.1 Except as provided in Section 10.30, a Regular or Special Meeting of Council shall adjourn at the hour of 11:00 p.m., if in session at that time, and shall reconvene at such
other day and time as Council, by resolution, may direct. 4.13 Cancellation of Meeting
4.13.1 The Mayor or the Deputy Mayor, in the Mayor’s absence, or the Clerk, in the absence of both the Mayor and Deputy Mayor, may cancel any Meeting of Council if he is of
the opinion that weather conditions or an emergency warrant. The Clerk shall inform as many Members as he is able to reach, the media and any persons that are scheduled to be in attendance. 4.13.2 Postponement of the Meeting shall not be for any longer than the next regularly scheduled Meeting of Council of Committee. Section 5 - AGENDAS AND MINUTES
5.1 Council Meeting Agenda
5.1.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at the Regular Meetings of Council:
I. Call to Order II. Disclosures of Pecuniary Interest III. Review of Items Not Listed on Agenda
IV. Announcements V. Presentations/Special Events VI. Delegations VII. Adoption of Minutes of previous Meeting(s) VIII. Motions and Notice of Motion IX. Open Forum X. Recreation, Culture, Tourism and Economic Development a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XI. Physical Services – Emergency Services a. Correspondence i. Receive for Information
ii. Requiring Action b. Reports to Council XII. Development Services – Sustainability and Conservation
a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council XIII. Finance and Administration a. Correspondence i. Receive for Information ii. Requiring Action b. Reports to Council
XIV. By-laws XV. Unfinished Business
XVI. Other Business XVII. By-law to Confirm the Proceedings of Council XVIII. Adjournment 5.1.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Regular Council Meeting in question. 5.1.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.1.4. In order to ensure accountability and transparency of decision-making and to protect the public interest and ensure equitable treatment of all citizens, additions to the Agenda shall not be permitted, except when a matter is of a time-sensitive nature. Time-sensitive matters will be determined and agreed upon by the CAO|Clerk and the Mayor. A time-sensitive matter will be added to the Agenda via Addendum or brought
forth at the meeting of Council during the Review of Items Not Listed on the Agenda section. Any matter not deemed time-sensitive and not included on the Agenda prior to publication as noted in 5.1.2 will be included on the Agenda for the next meeting of
Council. 5.1.5 For the purpose of this section, a matter is deemed to be of a time-sensitive nature when it will negatively impact the health, safety and well-being of persons, expose the Municipality to liability or negatively impact the Municipality’s position in negotiation if Council does not make a decision and the Municipality does not act on the matter prior to the next regular meeting of Council. 5.1.6 In order to address accountability and transparency and in the event a Verbal Matter is proposed for inclusion on the Agenda, it shall be the responsibility of the member of staff or Council proposing the item to complete a Verbal Matters Form prior to the meeting, which will be included in the Agenda package and the Agenda reposted. In the event a Verbal Matters Form cannot be provided prior to the meeting, it is required to be provided to the CAO|Clerk no later than five (5) business days post-meeting to be
included on the Agenda package and the Agenda reposted. 5.2 Statutory Planning Meeting Agenda 5.2.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Statutory Planning Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Purpose and Effect of the Proposed Amendment V. Public Participation VI. Correspondence VII. Other Business
VIII. Adjournment 5.2.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Statutory Planning Meeting in question. 5.2.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present
and voting. 5.3 Committee of Adjustment Meeting Agenda 5.3.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Committee of Adjustment Meeting: I. Call to Order II. Disclosures of Pecuniary Interest III. Chairman’s Remarks on the Purpose of the Meeting IV. Public Participation V. Correspondence VI. Other Business
VII. Adjournment 5.3.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Committee of Adjustment Meeting in question.
5.3.3 The business of the Committee of Adjustment shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.4 Court of Revision Meeting Agenda
5.4.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Court of Revision Meeting: I. Call to Order II. Disclosures of Pecuniary Interest
III. Chairman’s Remarks on the Purpose of the Meeting IV. Staff Presentation V. Public Participation VI. Correspondence VII. Other Business VIII. Adjournment
5.4.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00 P.M. preceding the commencement of the Court of Revision Meeting in question.
5.4.3 The business of the Court of Revision shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.5 Public Meeting Agenda 5.5.1 The Clerk shall cause to be prepared an electronic Agenda under the following headings for the use of the Members at a Public Meeting: IX. Call to Order
X. Disclosures of Pecuniary Interest XI. Chairman’s Remarks on the Purpose of the Meeting XII. Public Participation
XIII. Correspondence XIV. Other Business XV. Adjournment
5.5.2 The Agenda shall be placed on the Municipal Website no later than Friday by 4:00
P.M. preceding the commencement of the Public Meeting in question. 5.5.3 The business of Council shall be considered in the order as it appears on the Agenda, unless otherwise decided by a vote of the majority of the Members present and voting. 5.6 Meeting Minutes 5.6.1 The Clerk shall cause the Minutes to be taken of each Meeting of Council whether it is closed to the public or not. These minutes shall include: a) the place, date and time of the Meeting;
b) the name of the Presiding Officer or Officers and the record of attendance of the Members; i. should a Member enter after the commencement of the Meeting or leave prior to adjournment, the time shall be noted; c) declarations of pecuniary interest; d) the reading, if requested, correction and confirmation of the minutes prior to the Meeting; e) all resolutions, decisions of the Meeting without note or comment.
5.6.2 The Minutes of each Meeting shall be presented to Council for confirmation at the next Regular Meeting of the subject Meeting type. 5.6.3 Where the Minutes have been de livered to the Members in advance of the Meeting, the Minutes shall not be read, and a resolution that the minutes be approved shall be in order.
5.6.4 Following approval of the Minutes, the Minutes shall be signed by the Mayor and the Clerk. 5.6.5 The Clerk shall ensure that the Minutes of the last Regular and Special Meetings of Council are posted on the Municipal website and prepared in accordance with Section 5.6 of this Procedural By-law.
Section 6 - ORDER OF PROCEEDINGS - COUNCIL 6.1 Call to Order 6.1.1 As soon as a Quorum is present after the hour set for the holding of the Meeting,
the Mayor shall take the Chair and call the Members present to order. 6.1.2 If the Mayor does not attend a Meeting within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Deputy Mayor shall preside over the Meeting and s hall exercise all duties and responsibilities of the Mayor as outlined in this Procedural By-law until the Mayor is present at the Meeting and able to perform his responsibility to assume the chair. 6.1.3 If the Deputy Mayor is also not present within fifteen (15) minutes after the time set for the Meeting and a quorum is present, the Clerk shall call the Meeting to order, and the Members present shall appoint a Presiding Member who shall act
as Chair of the Meeting until the arrival of the Mayor or Deputy Mayor, whoever is the first to arrive and is able to assume the chair.
6.2 Disclosures of Pecuniary Interest
6.2.1 Where a Member, either on his own behalf or while ac ting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a Meeting at which the matter is the subject of consideration, the Member shall: a) prior to any consideration of the matter at the Meeting, disclose the interest and the general nature thereof; b) not take part in any discussion of or vote on any question with respect to the matter; and c) not attempt in any way before, during and after the meeting to influence the voting on any such question. 6.2.2 Where the Meeting is not open to the public, in addition to complying with the
requirements of Section 6.2.1, the Member shall immediately leave the Meeting or part of the Meeting during which the matter is under consideration.
6.2.3 Where a Member is absent from a Meeting which includes a matter for which the Member has a pecuniary interest, the Member shall disclose this interest and otherwise comply at the first Meeting attended by him after the particular Meeting.
6.3 Presentations / Special Events 6.3.1 At the request of a Member of Council or the Municipality’s staff, any person, organization, corporation, or appointed official may be permitted to address the Members to inform them of matters of significance to the Municipality provided that the request has been submitted to the Clerk by 9:00 a.m. on the Tuesday in the week preceding the Meeting. 6.3.2 Presentations shall include only the following: a) civic recognition / awards; b) presentations by Municipal staff or consultants retained by the Municipality; c) presentations from senior levels of government or other municipal
governments. 6.3.3 Municipal audio visual equipment may be used to assist in presentations, provided
that permission has been obtained for the use of such equipment from the Clerk at the time the presenter contacts the Clerk to register for the meeting. The presentation material must be provided to the Clerk at least by 9:00 a.m. on the Thursday preceding the Meeting. 6.4 Announcements 6.4.1 During the announcement portion of the Meeting, Members may announce or comment on community events and activities when recognized by the Chair. 6.5 Delegations
6.5.1 See Section 8 6.6 Open Forum 6.6.1 An Open Forum shall last no longer than ten (10) minutes. Each speaker will be
permitted to speak for a maximum of two (2) minutes total and will only be permitted to speak once. 6.6.2 Each speaker shall be required to register with the Clerk in writing prior to noon on the
day of a Council meeting, by providing their name and address and agenda item number, which may become part of the public record.
6.6.3 No discussion or debate, and no decision or motion shall be made during or as a result of comment made during Open Forum. 6.6.4 The Chair will call on registered speakers in order of their registration. 6.6.5 The Chair may conclude Open Forum prior to the (10) minute maximum time limit for non-compliance with the Open Forum parameters, conduct of members of the public, or any other reason. 6.6.6 The following matters will not be permitted during Open Forum: a) Comments/complaints against Members of Council or Municipal staff; b) Closed Session agenda items; c) Comments with respect to Minutes of Council or Committees; d) Comments that are contrary to the Municipal Freedom of Information and
Protection of Privacy Act (MFIPPA) e) Comments with respect to any applications which have proceeded through a Public Meeting in accordance with the Planning Act, with the exception of a
comment related to a recommendation contained in a Staff Report. 6.7 Minutes
6.7.1 Minutes of previous Meetings shall be listed under this section of the Council Agenda. 6.7.2 Previous Meeting Minutes may be disposed of through a single resolution or, alternatively, any Member may request that one or more recommendations contained in the Minutes be separated and voted on separately. 6.8 Motions and Notices of Motion
6.8.1 A Member of Council may file a Motion to be placed on the Council Agenda with the Clerk no later than 9:00 A.M. on the Tuesday of the week preceding the Council
Meeting at which it is to be presented for consideration and dealt with. 6.8.2 A Member of Council may file a Notice of Motion with the Clerk no later than 9:00 a.m. on the Tuesday of the week preceding the Council Meeting at which it is to be presented, of which shall be deliberated at the next Regular Meeting of Council. 6.9 Correspondence 6.9.1 All Correspondence intended to be presented to Council shall be legibly written or
printed, shall not contain any impertinent or improper matter or language, shall identify the author(s) by name and municipal address and shall be filed with the Clerk before it is presented to Council. 6.9.2 Every item of Correspondence shall be delivered to the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting. The Clerk, at his own discretion, is delegated the authority to direct the item of Correspondence or a summary thereof to the appropriate Agenda. The Clerk shall ensure that a summary of the content of the correspondence is prepared and included in the Agenda and a recommendation for disposal, being either “Receive for Information” or “Requiring Action” is assigned.
6.9.3 Notwithstanding Section 6.9.2, and at the discretion of the Clerk, Correspondence received after 9:00 a.m. on the Tuesday preceding the Meeting, and being of an urgent nature or directly relevant to a matter on the Agenda for the Meeting, may
be communicated to Council by way of an Addendum to the Agenda including a summary of the content of the Correspondence item.
6.9.4 Upon presentation of a motion and prior to its approval, any item of Correspondence may be the subject of limited discussion. Council may briefly discuss the matter and
if consensus is reached, a revised recommendation may be presented. 6.10 Reports to Council 6.10.1 The Reports to Council section of the Council Agenda shall include any report that, due to timing, urgency, the important nature of the report and/or expediency, the Clerk has determined should be considered by Council. 6.10.2 Notwithstanding Sections 5.1.4 and 5.1.5 of this By-law, Reports to Council may be included on an Addendum at the sole discretion of the Clerk. 6.11 By-laws 6.11.1 No by-law, except a by-law to confirm the proceedings of Council, a by-law granting
authority to borrow under the authority of the Municipal Act, or any by-law arising as the result of an order or decision of any quasi-judicial body, shall be presented to Council unless the subject matter thereof has been considered by Council and has
been approved by Council. The Clerk shall prepare and include in the Council Agenda a summary of all By-laws, specifying the title of each By-law. 6.11.2 Every By-law, when introduced, shall be in typewritten form and shall contain no blanks, except such as may be required to conform to accepted procedure or to comply with the provisions of any Act, and shall be complete with the number and date to be affixed. 6.11.3 All by-laws shall be given first and second readings in a single motion, unless a Member wishes to discuss the contents of a specific by-law, at which time the subject by-law shall be removed from the motion and dealt with separately. 6.11.4 When the by-laws are reported with or without amendment, they shall be forthwith given third reading in a single motion at the same Meeting on the affirmative vote of
the majority of the Members present and voting. 6.11.5 The Clerk shall endorse on all By-laws enacted by Council, the date of the several
readings thereof. 6.11.6 Every By-law which has been enacted by Council shall be numbered and dated, and shall be signed by the Mayor, or his designate, and the Clerk, sealed with the seal of the Municipality and, thereafter, shall be retained under the control of the Clerk. 6.12 Unfinished Business 6.12.1 Any matters presented, considered, referred or tabled or any delegations not otherwise disposed of through the consideration of an Agenda matter or previous Agenda, shall be disposed of during this portion of the Meeting. 6.13 Other Business
6.13.1 Items of business requiring the direction of Council or a formal resolution will appear under this section in the Agenda. These matters should generally pertain to information
items and can include Members’ Reports on Advisory Committees. Any proposal to present a Motion must comply with Section 10 of this By-law.
6.14 By-law to Confirm the Proceedings of Council 6.14.1 At the conclusion of all Regular and Special Meetings of Council and prior to Adjournment, a Confirming By -law shall be brought forward to confirm the actions of the Council at that Meeting in respect of each Motion, Resolution and other action taken and a Confirming By-law, when introduced, shall be taken as having been read and shall be voted on without debate. 6.15 Adjournment 6.15.1 See Sections 10.28, Section 10.29 and Section 10.30
6.16 Electronic Participation - Declared State of Emergency
6.16.1 Notwithstanding that set forth in Section 6, during any period in which an emergency has been declared to exist in all or part of the territorial limits of the Municipality of Bayham pursuant to either section 4 or 7.0.1 of the Emergency Management and
Civil Protection Act, the following rules and regulations for electronic participation in a Council Meeting shall apply: a) A Member who is unable to attend a Council Meeting in person may
participate in that Meeting by electronic or other communication facilities if the
facilities enable all participating Members, whether attending in person or
through electronic participation, to hear and be heard by all other Members.
b) Except for all or any part of the Council Meeting that is closed to the public,
the electronic or other facilities are capable of and enable the public to hear, or
watch and hear, all Members participating in the Meeting.
c) A Member who intends to participate in any such Meeting of Council by
electronic or other communication facilities shall give to the Clerk Notice of
that intention at least 24 hours prior to the commencement of such Meeting,
provided that, if Notice of such Meeting is provided less than 24 hours prior to
its scheduled commencement, then the Member shall give to the Clerk as
much notice as possible prior to commencement of such Meeting. In all such
circumstances, the Clerk will, as soon as reasonably possible, provide the
Member intending to attend by electronic participation with instructions on how
to connect to and participate in that Meeting by electronic or other
communication facilities.
d) There shall be no limit upon the number of Members who may attend a
Meeting of Council by electronic or other communication facilities.
e) The Mayor (or designate), as Chair, shall lead the Meeting and be present
from a designated meeting location supported by the CAO (or designate),
where possible.
f) Each Member attending the Meeting by electronic or other communication
facilities shall notify the Chair and other Members when he or she joins the
Meeting and, if and when applicable, upon leaving the Meeting.
g) Any Member attending and present during a Meeting by electronic or other
communication facilities shall be counted for purposes of quorum at the
commencement of and at any point in time during the Meeting.
h) Any Member attending and present during a Meeting by electronic or other
communication facilities may participate in all aspects of the Meeting as if
present in person, including but not limited to debate, questioning,
presentation of motion, and/or voting.
i) During the course of a Meeting within which any Member is participating by
electronic or other communication facilities, the Chair (or designate) shall
announce each agenda item on the floor of the Meeting and shall thereafter
maintain an orderly meeting process, including keeping Members fully
informed.
j) Any Member attending and present during a Meeting by electronic or other
communication facilities may vote on any matter being considered in such
Meeting and that vote shall be counted and, as set forth below, duly recorded.
k) During the course of each vote conducted within such Meeting:
i. All votes shall be a recorded vote conducted by the Clerk, as directed by
the Chair, unless Council decides otherwise.
ii. The Clerk shall call the name of each Member to vote and shall
thereafter record such indicated vote of that Member as “yes” or “no’.
iii. If the Member, whether present in person or electronically and after two
attempts, fails to respond to the call of his or her name, then the vote is
recorded as “no”, unless directed otherwise by the Chair.
iv. The Clerk shall announce the results of the vote to the Chair and
Council, including announcement of the specific vote of each Member as
either “yes” or “no”.
l) During the course of the Meeting:
i. Each Member shall remain silent and attentive to the proceeding when
not assigned to the floor by the Chair.
ii. Each Member shall listen for their name to be assigned to the floor to
speak or to vote.
iii. All Members shall take and abide by the directions of the Chair in order
to facilitate an effective, efficient, and orderly Meeting.
m. The above rules and practices shall apply to all sessions of the Meeting,
whether open or closed to the public.
Section 7 - ORDER OF PROCEEDINGS – PUBLIC MEETINGS
7.1 Public Meetings
7.1.2 Public Meetings shall be conducted in the following manner: a) the Chair shall state the purpose of the Public Meeting and shall explain to those present how the Public Meeting shall be conducted; b) a member of the Municipal staff and/or Municipal Consultant shall then
address the Council to present the matter to the Council; c) if applicable, the applicant or agent who is present shall then make representation regarding the matter; d) Members of the Committee shall then be given the opportunity to ask questions or seek clarification regarding the matter; and e) members of the public shall then be permitted to make representation regarding the matter.
7.2 Adjournment
7.2.1 See Section 10.28, Section 10.29 and Section 10.30 Section 8 - DELEGATIONS 8.1 Delegations
8.1.1 There shall be no more than four (4) delegations, in total, scheduled for any Regular Meeting of Council unless the Head of Council approves additional delegations no later
than forty-eight (48) hours prior to the Regular Meeting. 8.1.2 Persons desiring to verbally present information on matters of fact or to make a request to Council shall give notice, including specific details regarding the subject of their address to the satisfaction of the Clerk no later than Tuesday at 9:00 a.m. of the week prior to the Meeting.
8.1.3 Notwithstanding Section 8.1.2, Council may, at their sole discretion, entertain delegations with less notice as the circumstance may warrant with a two-thirds (2/3) majority. 8.1.4 Notwithstanding Section 8.1.3, a person wishing to present information is not required to give written notice nor be listed on the agenda with respect to a matter before Council for which the public has been given notice of the Public Meeting under the Planning Act, any other Act, or according to Municipal Policy, as required. 8.1.5 A Delegation shall be permitted to speak on a matter only once within a six (6) month
period and shall be limited to speak for no more than ten (10) minutes and be so advised in advance of their delegations. An extension to speak may be decided, without debate, by a majority of Council Members present. Where a delegation consists of a group of three or more persons, the group may address the Council for no more than fifteen (15) minutes. Where a Delegation wishes to provide Members with written communication, including a petition, supporting the Delegation’s comments, the
communication s hall be provided to the Clerk and may be distributed to the Members at the discretion of the Clerk.
8.1.6 Municipal audio visual equipment may be used to assist in presentations, provided that permission has been obtained for the use of such equipment from the Clerk at the time the presenter(s) contacts the Clerk’s Department to register for the meeting. The
presentation material must be provided to the Clerk by 9:00 A.M. Thursday the week prior to the scheduled day of the Meeting. 8.1.7 No Delegation shall: a) speak disrespectfully of any person; b) use improper language or unparliamentary language; c) speak on any subject other than the subject for which they have received approval to address Council; or d) disobey the rules of procedure or a decision of the Chair of Council.
8.1.8 Members of Council shall be permitted to ask questions of delegates only to clarify their
submissions or to elicit further information from them that is relevant to their submission. 8.1.9 Council may refuse to hear delegations when, in the opinion of Council, the subject of the presentation is beyond the jurisdiction of the Municipality. 8.2 Petitions 8.2.1 Every petition intended to be presented to Council, shall be legibly written or printed and shall not contain any impertinent or improper matter or language and shall be signed by at least one person and filed with the Clerk.
8.2.2 Every petition shall be delivered to the Clerk not later than Thursday at 9:00 a.m. of the week prior to the Meeting before the commencement of the Meeting of Council and, if in the opinion of the Clerk it contains any impertinent or improper matter or language,
the Clerk shall decide whether it should be included in the Agenda. Section 9 - RULES OF DEBATE AND CONDUCT
9.1 Conduct of Members of Council 9.1.1 No Member shall: a) speak disrespectfully of the Reigning Sovereign, or of any Member of the Royal Family, or of the Governor-General, the Lieutenant-Governor of any Province, of any member of the Senate, the House of Commons of Canada or the Legislative Assembly of the Province of
Ontario; b) use offensive words or unparliamentary language or speak disrespectfully against Council, against any Member or against any
officer or employee of the Municipality of Bayham; c) speak on any subject other than the subject being debated; d) disobey the Rules of Procedure or a decision of the Chair, whoever is in the chair for the Meeting or a portion of the Meeting, on questions of Points of Order or procedure or upon the interpretation of the Rules of
Procedure except where the ruling of the Chair is reversed by the Council pursuant to Section 10.23. If a Member persists in any such disobedience after having been called to order, the Chair shall
forthwith order that Member to vacate the Council Chambers or room in which the Meeting is being held, but if the Member apologizes, he may, by majority vote of the Members, be permitted to retake his seat;
e) speak in a manner that is discriminatory in nature based on an individual’s race, ancestry, place of origin, ethnic origin, citizenship, creed, gender, sexual orientation, age, colour, marital status, family status or disability; or f) where a matter has been discussed in a closed Meeting, and where
the matter remains confidential, disclose the content of the matter or the substance of the deliberations of the closed Meeting to any person.
9.2 Address the Chair 9.2.1 Any Member desiring to speak shall signify their desire to speak in such manner as
the Chair may direct, and upon being recognized by the Chair, shall address the Chair, only.
9.3 Order of Speaking
9.3.1 When two or more Members signify a desire to speak, the Chair shall recognize the Member who, in the opinion of the Chair, so signified first and next recognize in order the other Members. 9.4 Point of Privilege
9.4.1 Where a Member considers that his integrity, the integrity of the Council as a whole, or the integrity of staff has been impugned, the Member may, on a Point of Privilege, rise with the consent of the Chair for the purpose of drawing the attention of Council to the matter.
9.4.2 When a Member is permitted to raise such matter of privilege, it shall take precedence over other matters, but the Member shall not be permitted to enter into any argument or introduce any Motion related to the Point of Privilege.
9.4.3 When the Chair considers that the integrity of the Administrator or a Member of Municipal Staff has been impugned or questioned, the Chair may permit the
Administrator or Staff to make a statement to Council. 9.4.4 When a Point of Privilege is raised, it shall be considered and decided by the Chair immediately and the decision of the Chair under this section shall be final. 9.5 Point of Order 9.5.1 When a Member desires to call attention to a violation of the Rules of Procedure, the Member shall ask leave of the Chair to raise a Point of Order and, after leave is granted, shall succinctly state the Point of Order to the Chair and the Chair shall then decide upon the Point of Order and advise the Member of the decision. 9.6 Appeal of Ruling of Chair
9.6.1 With respect to a ruling on either a Point of Privilege or a Point of Order, if the Member does not appeal immediately thereafter to Council, the decision of the Chair shall be final.
9.6.2 If the Member wishes to appeal the decision of the Chair, he shall appeal immediately to Council, otherwise the decision of the Chair is final. 9.6.3 If the decision is appealed, the Chair will give concise reasons for his ruling and will call a vote by Council, without debate on the following question: “Will the ruling be sustained?”, and the decision of Council, is final. The Chair may vote on this question. In the event of a tie of votes, the ruling of the Chair shall be deemed to be sustained. 9.7 Members Speaking
9.7.1 When a Member is speaking, no other Member shall pass between the Member and the Chair, or interrupt the Member except to raise a Point of Order.
9.8 Question Read
9.8.1 Any Member may require the question or motion under discussion to be read at any time during the debate but not so as to interrupt a Member while speaking.
9.9 Speak Once – Reply
9.9.1 No Member shall speak more than once to the same question without leave of Council except that a reply shall be allowed to be made only by a Member who has presented the motion, but not by any Member who has moved an amendment or procedural motion in response to that motion. 9.10 Time Limited 9.10.1 No Member, without leave of Council shall speak to the same question or in reply for longer than five (5) minutes. 9.11 Questions
9.11.1 A Member may ask a question for the purposes of obtaining information relating only to the matter under discussion and such questions must be stated concisely and asked
only through the Chair. 9.11.2 Notwithstanding Section 9.11.1 when a Member has been recognized as the next
speaker, then immediately before speaking, such Member may ask a question through the Chair to any Member, the Administrator Staff, concerning any matter connected with the business of the Municipality currently under discussion but only for the purpose of obtaining information, following which the Member may speak. Section 10 - MOTIONS Reading 10.1 All motions must be introduced by a mover and a seconder before the Chair may put the question or motion on the floor for consideration. If no Member seconds the motion, the motion shall not be on the floor for consideration and therefore it shall not be recorded in the minutes.
10.2 When a motion is presented in a Meeting, it shall be read in its entirety before debate. 10.3 Notwithstanding Section 10.1, if a motion is printed in the Agenda as either a separate item or
as part of a Report, it need not be read in its entirety unless requested to do so by a Member of Council but shall be deemed as read for the purposes of introducing the Motion.
Withdrawn 10.4 After a motion is properly moved and seconded, it shall be deemed to be in possession of Council, but may be withdrawn by the mover at any time before decision or amendment. No debate until properly moved and seconded 10.5 No Member shall speak to any motion until it is properly moved and seconded, and the mover is entitled to speak first if the Member so elects. If debated, the question or motion may be read before being put.
Motion ruled out of order 10.6 Whenever the Chair is of the opinion that a motion is contrary to these Rules of Procedure, the
Chair shall rule the motion out of order.
Not within jurisdiction of Council
10.7 A Motion in respect of a matter which requires the exercise of a legislative power by Council which is not within its jurisdiction shall not be in order at a Meeting of Council.
Motions Without Notice and Without Leave 10.8 The following matters and motions may be introduced orally by a Member without written notice and without leave, except as otherwise provided by this Procedural By-law, and shall be decided without debate: a) a point of order or privilege; b) to adjourn; c) to table the question without directions or instructions; d) to suspend the Rules of Procedure; e) to lift from the table; f) to divide the question; g) to refer (without instructions); h) question be now put; and i) to recess.
10.9 The following motions may be introduced orally by a Member without notice and without leave, except as otherwise provided by this Procedural By-law, and may be debated:
a) to refer with direction (direction for referral only to be debatable); b) to table with instructions (instructions for tabling only to be debatable); c) to amend; and d) to rescind.
Priority of Disposition 10.10 A motion properly before Council for decision must be disposed of before any other motion can be received except a motion in respect of matters listed in Sections 10.8 and 10.9.
Motion to Amend 10.11 A motion to amend: a) shall be presented in writing if requested by the Chair;
b) shall relate to the subject matter of the main motion; c) shall not be received proposing a direct negative to the question; and d) shall be put to a vote in reverse order to the order in which the amendments are made. 10.12 Only one motion to amend an amendment to the original motion shall be allowed and any further amendment must be to the original motion.
Question be now put 10.13 A motion that the question be now put: a) is not debatable cannot be amended
b) cannot be proposed when there is an amending motion under c) consideration, except for the purpose of moving that the d) amending motion be put; e) when resolved in the affirmative, requires that the question, motion,
amending motion or motion as amended, whichever is under consideration be put forward immediately without debate or amendment; f) can only be moved in the following words, “that the question be now put”; and g) requires an affirmative vote of two-thirds (2/3) of the Members present
and voting. Motion to refer or defer/postpone
10.14 A motion to refer or to refer back or to defer or to postpone the question may include instructions respecting the terms upon which the question is to be referred or deferred or
postponed. 10.15 A motion to refer or to refer back or to defer or to postpone the question shall not be debatable except where instructions are included, in which case, only the instructions shall be debatable. 10.16 A motion to refer or to refer back or to defer or to postpone the question may not be amended except where instructions are included, in which case, only the instructions may be amended in accordance with the provisions in Section 10.15. Motion to table
10.17 A motion simply to table is not debatable except where instructions are included, in which case, only the instructions shall be debatable. Such motion cannot be amended.
10.18 A motion to table with some condition, opinion, or qualification added to the motion shall be deemed to be a motion to defer or postpone made under Section 10.14, Section 10.15 and
Section 10.16. 10.19 The matter tabled shall not be considered again by Council until a motion has been made to lift from the table the tabled matter at the same or subsequent Meeting. 10.20 A motion to lift a tabled matter from the table is not subject to debate or amendment. Motion to divide 10.21 A motion containing distinct proposals may be divided and a separate vote shall be taken upon each proposal contained in a motion if decided upon by a majority vote of the Members
present and voting. Motion to rescind
10.22 A motion to rescind a previous action of Council requires a majority vote of the Members present and voting provided that notice has been given at the previous Meeting or in the
Agenda for the Meeting, and in case the aforesaid notice has not been given, the motion to rescind requires a two-thirds (2/3) vote of the Members present and voting. 10.23 A motion to rescind is not in order when action has been taken on the order of Council of which it is impossible to revise. The part of an order of Council which has not been acted upon, however, may be rescinded.
Reconsideration 10.24 A resolution, by-law or any question or matter (except one of indefinite postponement) which has been adopted previously by Council may be reconsidered by Council subject to the following: a) Only a Member who voted thereon with the majority may make a Motion to Reconsider;
b) such motion must be supported by two-thirds (2/3) of the Members present and voting in favour of such reconsideration before the matter is re-opened for debate; c) debate on a motion to reconsider must be confined to reasons for or against the subject of the reconsideration; d) if a motion to reconsider is decided in the affirmative, such reconsideration shall become the next order of business, unless the motion calls for a future date, and debate on the question to be
reconsidered may proceed as though it previously had never been voted on; and e) a vote to reconsider a particular matter or decision will not be considered
more than once during the term of Council. Motion to recess 10.25 A motion to recess shall provide for Council to take a short intermission within a Meeting which shall neither end the Meeting nor destroy its continuity and after which, proceedings shall immediately resume at the point where they were when interrupted.
10.26 A motion to recess is not debatable, but it is amendable as to the length of the recess and is not in order when another motion is on the floor. Motion to Adjourn 10.27 A motion to adjourn is not debatable or amendable and shall always be in order except:
a) when another Member is in possession of the floor; b) when a vote has been called; c) when the Members are voting; or d) when a Member has indicated to the Chair his desire to speak on the
matter before Council. 10.28 A motion to adjourn, if carried, without qualification, will bring a Meeting or session of the
Council to an end. 10.29 A motion to proceed beyond the hour of 11:00 p.m.: a) shall not be amended or debated; b) shall always be in order except when a Member is speaking or the Members are voting; and c) shall require the support of two-thirds (2/3) of the Members present and
voting. Section 11 - VOTING ON MOTIONS
11.1 Immediately preceding the taking of a vote on a motion, the Chair may state the question in the
form introduced and shall do so if required by a Member.
11.2 After a question is finally put by the Chair, no Member shall speak to the question nor shall any other motion be made until after the vote is taken and the result has been declared. 11.3 Every Member present at the Meeting, when the question is put, shall vote thereon unless disqualified under the Municipal Conflict of Interest Act to vote on the question. 11.4 Except where the Member is disqualified under the Municipal Conflict of Interest Act from voting, if a Member does not vote when a question is put, that Member shall be deemed to have voted in the negative. 11.5 A Member not in his seat when the question is called by the Chair is not entitled to vote on that
question. 11.6 Each Member has only one vote.
11.7 The Chair shall announce the result of every vote.
Unrecorded Vote 11.8 The manner of determining the decision of the Council on a motion shall be at the direction of the Chair and may be by voice, show of hands, standing, or otherwise. Recorded Vote 11.9 Immediately preceding or after the taking of a vote on a motion, a Recorded Vote may be requested by a Member at which time each Member present, except a Member who is disqualified from voting by any Act, shall announce his vote openly and the Clerk shall record his name and his vote on the question.
11.10 The order in which Members, present and voting, vote on Recorded Votes shall be: a) Ward Councillors (in ascending numerical order);
b) Deputy Mayor; and c) Mayor 11.11 If, during the Recorded Vote, any Member present and eligible to vote refuses to vote, the Member shall be deemed and recorded as voting against the question. Section 12 - CONDUCT OF THE AUDIENCE
12.1 Members of the public who constitute the audience in the Council Chamber, or other such place where a Meeting is held in accordance with Section 4 of this Procedural By-law, during a
Meeting shall respect the decorum of Council, maintain order and quiet and may not: a) address Council without permission; b) interrupt any speaker or action of the Members or any person addressing Council; c) speak out; d) applaud; e) behave in a disorderly manner; or f) make any noise or sound that proves disruptive to the conduct of the Meeting. 12.2 Placards, signs, posters, etc. or any advertising devices shall not be permitted in the Council
Chambers, or any other location in which Council may conduct their business.
12.3 The Mayor or Chair may request that a member or members of the public vacate the Council Chambers or any other location in which Council may conduct their business if their behaviour is deemed to be disruptive to the business at hand. Section 13- ADMINISTRATION
13.1 This By-law shall be administered by the Clerk. 13.2 By-law Nos. 2018-005, 2020-025, and 2021-031 shall be repealed in their entirety. 13.3 This By-law shall come into full force and effect on the 6th day of January, 2022.
READ A FIRST, SECOND and THIRD time and finally passed on the 6th day of January 2022. ____________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-004
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN INTERMUNICIPAL AGREEMENT FOR JOINT OWNERSHIP OF FIRE COMMUNICATION EQUIPMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND
THE CORPORATION OF THE TOWN OF AYLMER
THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN
THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with The Corporation of the Town of Aylmer, The Corporation of the Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich, The Corporation of the Township of Malahide, The Corporation of the Township of Southwold and The Corporation of the
Municipality of West Elgin for joint ownership of fire communication equipment;
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 attachedhereto as Schedule “A” and forming part of this by-law between The Corporation of theMunicipality of Bayham, The Corporation of the Town of Aylmer, The Corporation of the
Municipality of Central Elgin, The Corporation of the Municipality of Dutton/Dunwich, TheCorporation of the Township of Malahide, The Corporation of the Township of Southwold and
The Corporation of the Municipality of West Elgin;
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 6th DAY OF
JANUARY, 2022.
___________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-005 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD JANUARY 6, 2022 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 January 6, 2022 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 6th day of January, 2022.
____________________________ _____________________________ MAYOR CLERK