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Home My WebLink AboutJuly 21, 2022 - Council - AddendumTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING ADDENDUM MUNICIPAL OFFICE – SCC Main Hall Thursday, July 21, 2022 12.2 E Report DS-44/22 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Development Agreements Heutinck and Froese Excavating 13.1.2 A Elgin Group Police Services Board re OPP Agreement Amendment 13.2 E Report CAO-36/22 by Thomas Thayer, CAO|Clerk re Port Burwell Lighthouse RFP 13.2 F Report CAO-37/22 by Thomas Thayer, CAO|Clerk re Termination of Agreement 682 – MEU By-Law Enforcement Services 14. D By-Law No. 2022-050 Being a by-law to authorize the Mayor and Clerk to execute a development agreement between the Municipality and Andrew and Kim Heutinck for the construction of a portion of Green Line 14. E By-Law No. 2022-051 Being a by-law to authorize the Mayor and Clerk to execute a construction agreement between the Municipality and Froese Excavating Ltd. for the construction of a portion of Green Line 14. F By-Law No. 2022-054 Being a by-law to authorize the Mayor and Clerk to execute an amending agreement with Her Majesty the Queen in right of Ontario as represented by the Solicitor General for the provision of Police Services for the Elgin Group Municipalities ELGIN GROUP POLICE SERVICES BOARD Chair Sally Martyn Tel. 519-631-1460 450 Sunset Drive St. Thomas, ON N5R 5V1 Municipality of Bayham | Municipality of Central Elgin | Municipality of Dutton Dunwich Municipality of West Elgin | Township of Malahide | Township of Southwold July 12, 2022 Dear Mayor Ketchabaw and Municipality of Bayham Council, I write to you in my capacity as Chair of the Elgin Group Police Services Board (Elgin Group) to advise you that Elgin Group’s contract with Ontario Provincial Police (OPP) expires on December 31st, 2022. The new Community Safety and Policing Act (CSPA) is set to come into effect soon, and all contracts will become null and void at that time. Instead of entering into a new contract with the Ministry at year’s end, the Elgin Group Member Municipalities have the option of extending the current contract for a period of one (1) year. To extend the contract, Member Municipalities will be required to pass a By-law to amend the Agreement and extend the contract until the 31st of December 2023. I have enclosed a draft copy of the Elgin Group Amending Agreement, as provided by OPP. Additionally, I have enclosed a draft By- law prepared by Elgin Group’s Secretary Administrator and reviewed by the County’s Solicitor. Upon review of the draft Agreement, each Council is required to pass the By-law to amend the Agreement. Please send a copy of the By-law, signed by both the head of Council or presiding officer of the meeting at which the By-law is passed and the Clerk, under the Corporation’s seal to Police Services Board Secretary Administrator – Carolyn Krahn (ckrahn@elgin.ca). Once each Member Municipality has passed the By-law, the Ministry will assemble the final copy of the Amending Agreement and will send it to the Member Municipalities for their signatures. If you have any questions, please do not hesitate to contact me directly. Yours very truly, Sally Martyn Chair, Elgin Group Police Services Board Enclosures: 1.Draft by-law 2.Draft Elgin Group Amending Agreement Cc: Elgin Group Police Services Board SCHEDULE “A” By-Law No. _______ “A BY-LAW TO AUTHORIZE THE MAYOR AND THE CLERK TO EXECUTE AN AMENDING AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES” WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; and AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the “Elgin Group”) seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; NOW THEREFORE the Council of the Corporation of the Municipality of _____________ ____________________ enacts as follows: 1. The Mayor and the Clerk are hereby authorized, on behalf of the Corporation of the Municipality/Township of ________________________________ to enter into and execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario. 2. The Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group. 3. The Police Services amending agreement will commence on the 30th day of December, 2022 and will conclude on the 31st day of December, 2023. 4. A copy of said amending agreement shall remain attached to and form part of this by- law. 5. This By-law shall come into force and effect upon the final passing thereof. READ A FIRST, SECOND, THIRD TIME AND FINALLY PASSED THIS ______ DAY OF _________________________ 2022. Chief Administrative Officer/Clerk. Mayor. DRAFTThis second AMENDING AGREEMENT is from the 1st day of January, 2015 to the 30th day of December, 2023 BETWEEN: HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL (“Ontario”) -and- THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE (“the Elgin Group”) BACKGROUND A.The Parties entered into the Agreement forthe provision of Police Services underSection10of the Police Services Act (the “Agreement”) which commenced onthe1stdayof January 2015. B.The Agreement includes all the Schedules and Appendices to the Agreement. C.Pursuant to Section 29, the Parties may amend the Agreement by written agreement. D.The Parties wish to further amend the Agreement as set out in this second Amending Agreement, by extending the duration of the contract to conclude on the 31st of December, 2023, assupported by: •Bylaw # ###, dated #####, 2022 of the Council of the Municipality of West Elgin(attached as Schedule “A-1”). •Bylaw # ####, dated #####, 2022 of the Council of the Municipality of Bayham (attached as Schedule “A-1”). •Bylaw # ####, dated #####, 2022 of the Council of the Township of Southwold(attached as Schedule “A-1”). •Bylaw # ####, dated #####, 2022 of the Council of the Municipality of Central Elgin(attached as Schedule “A-1”). •Bylaw # ####, dated #####, 2022 of the Council of the Municipality of DuttonDunwich (attached as Schedule “A-1”). •Bylaw # ####, dated #####, 2022 of the Council of the Township of Malahide(attached as Schedule “A-1”). DRAFTNOW THEREFORE, the Parties agree as follows: 1.Section 26 of the Agreement shall be replaced with the following: 26.Notwithstanding the date upon which this Agreement is signed, the term of this Agreement shall commence on the 1st day of January 2015, and shall conclude on the earlier of (i) the 31st day of December, 2023 or (ii) the date that the Community Safety and Policing Act, 2019 comes into force. Relevant terms and conditions of the Agreement, that are not specifically amended but that relate to the amendments set out in this Amending Agreement shall be deemed to be amended so as to give effect to the changes herein. Except for the amendments set out herein, the terms and conditions of the Agreement remain in full force and effect and time shall remain of the essence. Notwithstanding the date upon which this Amending Agreement is signed, this Amending Agreement is effective as of the 30th day of December, 2022. FOR ONTARIO Deputy Solicitor General,Community Safety FOR THE Corporation of the Municipality of West Elgin Mayor Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality of Bayham Mayor Chief Administrative Officer Date signed by Municipality: DRAFTFOR THE Corporation of the Township of Southwold Mayor Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality of Central Elgin Mayor Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Municipality ofDutton/Dunwich Mayor Chief Administrative Officer Date signed by Municipality: FOR THE Corporation of the Township of Malahide Mayor Chief Administrative Officer Date signed by Municipality: DRAFTSchedule “A-1” BY-LAW’S OF THE MUNICIPAL COUNCIL Elgin Group THE CORPORATION OF THE MUNICIPALITY OF WEST ELGIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM THE CORPORATION OF THE TOWNSHIP OF SOUTHWOLD THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN THE CORPORATION OF THE MUNICIPALITY OF DUTTON/DUNWICH THE CORPORATION OF THE TOWNSHIP OF MALAHIDE REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: July 21, 2022 REPORT: CAO-36/22 SUBJECT: PORT BURWELL LIGHTHOUSE RFP BACKGROUND: On July 18, 2019, Council received Report CAO-44/19 re Port Burwell Lighthouse, which identified the history of the Lighthouse, including its designation status as a heritage building and key historical features. The Report identified that the vinyl application on the outside of the building was exacerbating issues with the existing siding and replacement was necessary, and then identified a general scope for the work. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report 44-19 re Port Burwell Lighthouse be received for information; AND THAT a copy of Report CAO-44/19 be provided to the Museums Bayham Committee for informational purposes; AND THAT Port Burwell Lighthouse capital renovations be referred to 2020 Capital budget deliberations. Council did approve the 2020 Capital Budget with the inclusion of the Port Burwell Lighthouse works as Capital Item FA-04. Due to the COVID-19 pandemic, the identified works were delayed and revisited in 2021, when Council received Report CAO-22/21 re Canadian Community Revitalization Fund Application on July 15, 2021. Staff, in accordance, submitted an application for the works, based on a quote provided by a local contractor; however, the Municipality has not received word on this grant application and has taken the stance that it was unsuccessful. As such, Report TR-07/22 re 2021 Surplus Allocation identified a $125,000 allocation from the 2021 surplus to the Facilities Reserve for the works previously identified for the Port Burwell Lighthouse. On May 5, 2022, Council received Report CAO-17/22 re Southwest Tourism Relief Fund Application. The Report sought support from Council to make an application to the Southwest Tourism Relief Fund (STRF) for funds to assist with the necessary works at the Port Burwell Lighthouse. To-date, formal word of receipt is still outstanding. In accordance with Report CAO-44/19, staff issued a Request For Proposal (RFP) on July 8, 2022, seeking proposals from interested proponents regarding the recladding of the Lighthouse, with a closing date of August 4, 2022. Since this time, the Municipality has received opposition from members of the community regarding its approach. Three pieces of correspondence are attached hereto for Council’s information. DISCUSSION On October 22, 1985 the Village of Port Burwell passed By-law No. 1985-029, being a by-law to designate the Port Burwell Lighthouse as a property of architectural and historical value or interest under Part IV of the Ontario Heritage Act, 1974, S.O. Chapter 122. The Village of Port Burwell noted to following character defining elements reflecting the heritage value of the Port Burwell Lighthouse:  the octagonal, tapered design  framing of braced douglas fir and pine timber  clapboard cladding  the staggered windows on four sides  the octagonal wood lantern  low pitched metal roof and ventilator  the interior staircase with four landings  the lighting apparatus inside the lantern, including the fresnel lens  its central location in the village on a hill overlooking the harbour and the Big Otter Creek  views to the lighthouse from Lake Erie, the harbour, the west bank of Big Otter Creek and Robinson Street  the stone and bronze markers that commemorate the restoration of the lighthouse in 1986, including a list of donors to the restoration fund RFP 22-02 was issued in accordance with Report CAO-44/19, noting options for recladding under the scope of work; however, this would not preclude a vendor from submitting a proposal for a different solution. While the general intent of the The Ontario Heritage Act, 1990, S.O. Chapter 18 (the “Act”) is to preserve heritage buildings and sites in Ontario, it does also provide for Alteration to buildings and structures designated under Part IV of the Act. Section 33 of the Act provides Municipal Council the ability to approve alterations to a designated building or structure, provided that the alterations consider and respect the applicable heritage features. In some situations, this does not necessarily mean historic materials and construction practices are required; it can allow for works with new materials and practices so long as the works are in keeping with the character, materials, and form of the features. Staff have commenced discussion with the Architectural Conservancy of Ontario (ACO) to confirm 1) how best to evaluate and address the required rehabilitation works; and, 2) whether the Municipality’s proposed approach to rehabilitation would be satisfactory under the Act. As such, staff will be placing RFP 22-02 on hold temporarily, pending further information and will advise further when same is received. ATTACHMENTS 1. Barry Wade, July 18, 2022 2. Susanne Schlotzhauer, July 18, 2022 3. Ontario Historical Society, July 18, 2022 RECOMMENDATION 1. THAT Report CAO-36/22 re Port Burwell Lighthouse RFP be received for information. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk Barry Wade Design Construction Management July 18, 2022 Mr Mayor and members of Council Re: RFP 22-02 Port Burwell Lighthouse Siding Replacement It has come to my attention the Municipality of Bayham has sent out an RFP to replace the exterior siding of the Port Burwell Lighthouse, The significance of this alteration is putting the structure at risk of losing its historical designation and further complications of the construction details being proposed. Further discussions need to be carried on before any action or tenders are executed. Based on my personal inspection of the structure, I believe the direction the Municipality is taking is a mistake. The water damage that is occurring is due to lack of ventilation from within the structure and not from the exterior envelope as suggest by others. My attached report will help support my argument. History of events 1. The structure was built in 1840 with timber frame construction with clapboard siding. 2. In 1985 the structure was designated under Part 4 of the Ontario Heritage Act. 3. The structure was rebuilt in 1986 and received its historical designation at that time. 4. In the early 2000’s a ventilation turbine vent was damaged during a storm and never replaced. 5. A replacement 3 speed vent was installed at a later date. 6. In 2010 a liquid vinyl paint was applied to the original clapboard siding. 7. Shortly after lichen started to appear on all sides of the exterior siding. 8. A local contractor who reviewed the condition of the siding stated water was coming in from the exterior of the building. 9. Based on this information and recommendations from the local contractor the Municipality has requested the existing clapboard siding be replaced with 5/8” T&G plywood, Tyvek house wrap and Hardie siding, through RFP 10. Tenders are to be accepted by Aug 4, 2022 with work commencing in September 2022. Review of Existing conditions A (Photo 1) identifies where the vinyl liquid paint has released itself from the clapboard siding. The improper adhesion of paint can have many causes. Poor prep work at the time of installation, installing the liquid paint during cooler temperatures can also be a factor, high moisture content within the clapboard siding during installation can cause the paint to blistering due to lack of adhesion. B (Photo 2,3,4) identifies Lichen growing on all sides of the building. This would suggest the water penetration is occurring from within the structure and not from the exterior, otherwise there would be pockets of lichen occurring rather than the uniform look we are seeing. C (Photo 5) identifies blocked vents at the base of the lighthouse which have collapsed or have been blocked by debris not allowing natural ventilation to occur. Cause of Lichen on siding A structure of this type cannot be treated in the same manner as we would treat a new structure as the building sciences are opposite to what we have been taught to believe. This 1840 timber structure with clapboard siding was designed to breath on its own, rather than making the structure air tight which has been the approach the Municipality has taken. The structure never had a humidity problem in the past and so why now? There is a combination of issues that are occurring that has resulted in the deterioration of the siding. a) the application of liquid vinyl paint has further restricted the natural ventilation of humidity from within the structure. b) The vents at the base and assuming at the top of the lighthouse have been blocked reducing or not allowing natural air flow. c) With no air exchange or lack of within the structure, warm air is condensing when it meets the cooler air at the exterior building envelope. The dew point is the atmospheric temperature (varying according to pressure and humidity) below which water droplets begin to condense. The condensation is causing the liquid vinyl paint to blister along with lichen to grow on the exterior of the siding. d) A proper mechanical exhaust system needs to be installed. A calculation of the volume of space within the lighthouse needs to be determined and size an appropriate exhaust system to extract high humidity levels prior to condensation from occurring. e) The original entry door built in 1840 should not be replaced. To replace this door with a new fiberglass door is not in keeping with the standards and guidelines under the Ontario Heritage Act. In order to prevent water from entering the structure (due to the angled walls on the lighthouse) a small canopy should be installed that would be acceptable and approved by its heritage designation. Resolution to the problem The approach the Municipality is taking to replace the existing clapboard siding with plywood and Hardie siding will not resolve the problem but in fact will magnify the humidity issue. The reason for this statement is the proposed siding application will make the structure more air tight causing a greater entrapment of humidity within the structure, causing further water damage. The other issue at hand is the existing clapboard siding has been identified as a character defining element reflecting the heritage value of this structure. I would recommend the following which will be a more cost effect approach to the Municipality and will maintain our heritage designation. 1) Power wash Lichen off the face of the clapboard siding. 2) Replace any rotten clapboard siding if any with same clapboard siding product. 3) Remove any blistered vinyl paint and repaint with same product according to manufactures instructions. 4) Provide mechanical calculations to determine proper sized exhaust system, to be ran consistently or on a sensor to activate when humidity levels become too high. This would also be an assistance when the lighthouse is closed for the season to prevent issues occurring when not occupied. 5) Replace blocked vents with appropriate size venting to meet mechanical specifications. 6) With this approach the Municipality will save on demolition and disposal cost, eliminate the need to remove wiring mounted to exterior walls, save on the cost of installing plywood and cement board siding, prevent further issues of high humidity issues. By addressing what I believe is the real problem can give this structure a much longer life expectancy with proper maintenance. Conclusion The Municipality and the residents have been blessed to be the care takers of Port Burwell’s Historical Lighthouse. In 1986 the residents invested their time and money to prolong the life expectancy of this structure and will continue to do so in 2022. This Council must act responsibly and not assume what they are being told is accurate, even from this writer. I am requesting that the Municipality retain a qualified heritage Architect to review the condition of the existing lighthouse and give staff a professional opinion to resolve the problem at hand in a cost-effective way that preserves the architectural heritage of this structure and comply with the heritage Act requirements. Barry Wade President of 776497 Ontario Limited o/a Barry Wade Design Construction Management Photo 1 Liquid vinyl paint peeling off clapboard siding with Lichen growing on siding with a uniform pattern Photo 2 Close up photo of Lichen growing on siding. No apparent signs of blistering of paint allowing water to penetrate causing Lichen to grow in concentrated areas. Photo 3 View of Lichen growing uniformly on face of lighthouse. Suggesting a uniform presence of high humidity within the structure. Where stripping is occurring suggest timber frame structure behind preventing high humidity levels behind clapboard siding. Photo 4 Another photo identifying Lichen growing on all faces of the structure. Less staining occurring on the south and west elevations which would affect the humidity levels on these walls. Photo 5 Standard collapsed vent at the base of the lighthouse preventing natural ventilation from occurring Mayor Ketchabaw and Members of Council. Re: Port Burwell Historic Lighthouse HPON07-0012 - Time Sensitive Intervention As we are all aware, the Port Burwell Lighthouse was recognized for its heritage value in 1985 under Part IV of the Ontario Heritage Act. The “character-deﬁning elements” reﬂecting its heritage value are registered in the write-up found online at Canada’s Historic Places (historicplaces.ca) and attached herein for your convenience. Under the Act, “intervening on a historic place, that is, any action or process that results in a physical change to its character-deﬁning elements, must respect its heritage value.” The Municipality of Bayham as of late has repeatedly demonstrated a lack of understanding and respect for the historical value of the lighthouse and planning for its care, as evidenced through the Municipality’s current Request For Proposal “Port Burwell Lighthouse Siding Replacement” (RFP 22-02), which makes no mention of the Port Burwell Historic Lighthouse designated heritage status under Part IV of the OHA, the need to follow OHA standards and guidelines, or requests for experience in historical restorations. No qualiﬁed persons in the restoration of historic structures has been consulted or has investigated the ongoing water issues identiﬁed in the 2019 report or have been asked to recommend interventions consistent with the Standards and Guidelines under the Act. The current RFP work order is based on the recommendation by a local contractor without regard to its heritage value or standard of care and has advised staff the only way to resolve the water issues is to completely remove character-deﬁning elements including, for example, the complete removal of the original clapboard cladding and replacement with HardiePlank Siding (cement board) and the replacement of the original 1840 wood doorway with a ﬁbreglass door. (Source: Municipality of Bayham Staff Report CAO-44/19 and RFP 22-02) The Act states the heritage value of a historic place must be conserved, must be maintained on an ongoing basis, repaired using recognized conservation methods and respected when undertaking an intervention. The current RFP and actions of this administration suggests otherwise. The Municipality is not acting as a good faith steward of this important local landmark. By neglect of appropriate action and failure to consult with experts in the ﬁeld to determine the cause and recommend an appropriate intervention, Bayham has chosen not to conserve the heritage value of this 1840 structure, but rather completely remove its intact and repairable character-deﬁning elements and replace with unacceptable materials. This is contrary to the Standards and Guidelines that state “intervening on a historic place, that is, any action or process that results in a physical change to its character-deﬁning elements, must respect and protect its heritage value”. It is concerning to learn that over the last 10 years, Bayham has failed to maintain the character-deﬁning elements, failed to undertake evaluations of existing conditions by qualiﬁed persons, and failed to undertake appropriate interventions, but rather allowed long-term continuous deterioration from known moisture issues and ant infestations that continue to erode the structure. Based on an basic evaluation from another consultant and members of the Museums Bayham advisory board, moisture conditions within the building adding to the deterioration of the structure since before 2019 have manifested by the build up of humidity levels within the interior of the structure as a result of inadequate interior ventilation. The moisture issues are most likely a result of improper maintenance and/or inadequate venting not allowing the building to breath. A proper evaluation from an expert in the ﬁeld should be undertaken to investigate the issues and recommend a plan that is consistent with the standards and guidance under the Ontario Heritage Act. Bayham staff have taken it upon themselves to move forward with this RFP despite the fact that Museums Bayham, the advisory board on these matters, has not been reinstated as an active committee of council since COVID restrictions and based on recent correspondence is not anticipated to reconvene until the fall 2022. To date, Bayham staff argue the proposed alterations are within keeping under the Act and is unsympathetic to an outcry of public concern. The RFP closes on August 4, 2022 and work is anticipated to commence September 2022, just before a new council is elected in. Given there is an imminent threat of unauthorized alteration and removal of character-deﬁning elements from our historical lighthouse, we have requested an immediate intervention and guidance from the province. We are also asking Council to motion Staff to take down the RFP to allow for time for the Municipality and Museums Bayham to seek conservation solutions by a qualiﬁed person at the expense of the Municipality. Given the time sensitive nature of this request, I look forward to your timely response. Respectfully submitted, Susanne Schlotzhauer, MES Attachments 1.PDF Port Burwell Historic Lighthouse HPON07-0012 registered description, historic value, and character-deﬁning elements registered under Part IV of the Natural Heritage Act Refer to municipal website for the following files: 2.Municipality of Bayham 2019 Staff Report CAO-44/19 - Port Burwell Lighthouse3.Municipality of Bayham 2022 RFP 22-02 Port Burwell Lighthouse Siding Replacement Port Burwell Lighthouse 17, Robinson, Municipality of Bayham, Ontario, N0J, Canada Formally Recognized: 1985/10/21 Port Burwell Lighthouse, 2006 Port Burwell Lighthouse, 2006 John Sutherland, c. 1962 OTHER NAME(S) Port Burwell Lighthouse Old Village Lighthouse Bayham Lighthouse LINKS AND DOCUMENTS Municipality of Bayham Elgin County Archives CONSTRUCTION DATE(S) 1840/01/01 LISTED ON THE CANADIAN REGISTER: 2007/07/23 STATEMENT OF SIGNIFICANCE DESCRIPTION OF HISTORIC PLACE The Port Burwell Lighthouse is an octagonal, tapered, wooden tower, measuring 13.7 metres in height, painted white and topped with a red lantern. It is located on a hill, on the west side of Robinson Street, in the Village of Port Burwell, overlooking the Port Burwell Harbour and the Big Otter Creek as it enters 2022-07-14, 9:24 PMPage 1 of 3 Lake Erie. Transferred from the Government of Canada to the former Village of Port Burwell (now part of the Municipality of Bayham) in 1965, it is now operated as part of the Port Burwell Marine Museum. The lighthouse was recognized for its heritage value in 1985 by the former Village of Port Burwell (now part of the Municipality of Bayham) in By-law No. 85-29. A provincial plaque also commemorates the lighthouse. HERITAGE VALUE The Port Burwell Lighthouse is a signiﬁcant remnant of the national network of light stations equipped with beacon lights to warn or guide ships at sea in the nineteenth and twentieth centuries. Strongly associated with shipping and navigation on Lake Erie during that time period, the lighthouse is an important local landmark. Constructed in 1840 as part of a series of lighthouses constructed along the Canadian shore of Lake Erie, the Port Burwell lighthouse is the oldest wooden lighthouse on this shore, and one of the oldest surviving wooden lighthouses in Canada. It is representative of wooden lighthouse design in the middle of the nineteenth century, when whale oil would have fuelled a catoptric (reﬂective) lighting apparatus. It also represents the evolution through time, of lighthouses, as improvements in lighting technology occurred. Modiﬁcations to the Port Burwell lighthouse equipment to allow the use of coal oil (a variation of kerosene) and later electricity, as well as the installation of a Fresnel dioptric lens around the turn of the century, represent this evolution. The lighthouse was constructed as a navigational aid to guide marine trafﬁc entering the Port Burwell Harbour, following the transfer of the harbour works from the Port Burwell Harbour Company to the Province of Upper Canada in 1840. At that time, the port played an important role in the shipping of local timber, harvested from the surrounding hinterland. It would continue to play a signiﬁcant role in commercial shipping, ﬁshing and ship-building well into the twentieth century. During much of this period the lighthouse was associated with the Sutherland family, who, with the exception of a three year period, tended the light for over 100 years between 1852 and 1962, when the light was taken out of service. The Port Burwell lighthouse continues to be an important local landmark, welcoming visitors to the village and providing the community with a valuable historical link to its marine heritage. In 1986 dozens of local citizens and businesses contributed to its restoration, which was carried out by Mennonite craftsmen working with hand tools similar to those that would have been used in its original construction. Sources: Former Village of Port Burwell (now Municipality of Bayham) By-law No. 85-29; Andraea, Christopher, 'Port Burwell Lighthouse', Ontario Heritage Foundation, 2002 CHARACTER-DEFINING ELEMENTS 2022-07-14, 9:24 PMPage 2 of 3 Annandale House / Tillsonburg Museum National Historic Site of Canada 30 Tillson Avenue, Tillsonburg, Ontario The ''pattern book'' facade of this eclectic, late Victorian house belies its quite extraordinary… Former Canada Southern Railway Station 810 Talbot Street, St. Thomas, Ontario The former Canada Southern Railway (CSR) station in St. Thomas, Ontario is a long narrow 2-storey… Backhouse Grist Mill National Historic Site of Canada RR #3, Norfolk, Ontario Located within the Backus Heritage Village, the rural setting and rushing stream beside the mill… Character-deﬁning elements reﬂecting the heritage value include: - the octagonal, tapered design - framing of braced Douglas ﬁr and pine timber - clapboard cladding - the staggered windows on four sides - the octagonal wood lantern - low pitched metal roof and ventilator - the interior staircase with four landings - the lighting apparatus inside the lantern, including the Fresnel lens - its central location in the village on a hill overlooking the harbour and the Big Otter Creek - views to the lighthouse from Lake Erie, the harbour, the west bank of Big Otter Creek and Robinson Street - the stone and bronze markers that commemorate the restoration of the lighthouse in 1986, including a list of donors to the restoration fund RECOGNITION HISTORICAL INFORMATION ADDITIONAL INFORMATION Map data ©2022 Google NEARBY PLACES 2022-07-14, 9:24 PMPage 3 of 3 34 Parkview Avenue, Willowdale, ON M2N 3Y2 416.226.9011 | www.ontariohistoricalsociety.ca July 18, 2022 Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Re: Concerns Regarding the Historic Port Burwell Lighthouse Dear Mayor Ketchabaw and Councillors, On behalf of the Ontario Historical Society (OHS), I am writing to you in support of our affiliate member, the Bayham Historical Society—as well as a number of other concerned local citizens who have reached out to us—about the proposed work to be done on the Historic Port Burwell Lighthouse. The OHS, founded in 1888, is a not-for-profit corporation and registered charity. The OHS is a non- government organization bringing together people of all ages, all walks of life, and all cultural backgrounds interested in preserving or promoting some aspect of Ontario's history. It has been brought to the attention of OHS staff members that the municipality’s Request for Proposal, “Port Burwell Lighthouse Siding Replacement (RFP 22-02)” does not meet the requirements of the Port Burwell Lighthouse’s Part IV Designation under the Ontario Heritage Act, and that no heritage professional has been consulted during the process of drafting this RFP. The RFP proposes to remove the lighthouse’s clapboard siding and main door. This action would directly impact this historic site’s heritage value. As a designated heritage site, the lighthouse should be inspected by qualified heritage conservation professionals in order to determine the best course of action. The OHS strongly encourages the Mayor and Councillors to reconsider this proposal, and instead to work with heritage restoration experts to find a solution that respects the historic nature of your nationally important historic site. Thank you for your consideration. Yours sincerely, Rob Leverty Executive Director Ontario Historical Society C.C. Minister of Tourism, Culture and Sport, Hon. Neil Lumsden President of the Architectural Conservancy of Ontario, Diane Chin President of the Ontario Historical Society, Michel Beaulieu REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: July 21, 2022 REPORT: CAO-37/22 SUBJECT: TERMINATION OF AGREEMENT NO. 682 – MEU – BY-LAW ENFORCEMENT SERVICES BACKGROUND: The Municipality of Bayham By-law Department delivers municipal law enforcement services in accordance with the Municipality of Bayham Municipal Law Enforcement Policy. The Municipal By-law Enforcement Officer (BLEO) oversees the program. The BLEO responds to written by- law complaints, submitted on the Confidential Municipal Law Enforcement Complaint Form, which outline the nature of an alleged infraction of a Municipal By-law. Laserfiche is utilized to track complaints along with all actions and correspondence related to the subject complaint. The BLEO, along with the CAO|Clerk, also oversee the third-party Agreement with MEU Consulting. In sum, the Municipality of Bayham provides by-law enforcement services to its residents through two avenues: 1) The Fire Chief/By-law Enforcement Officer; and, 2) A third-party contract with Municipal Enforcement Unit (MEU), authorized by Agreement No. 682 through By-law No. 2019-020. With respect to the latter, at its February 21, 2019 meeting, Council received Report CAO-18/19 re Municipal Law Enforcement – MEU Consulting and passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT Report CAO-18/19 re Municipal Law Enforcement – MEU Consulting be received for information; AND THAT staff be directed to bring forward a by-law to enter into an agreement with MEU Consulting for the provision of by-law enforcement services for Council consideration. Council adopted By-law No. 2019-020 and MEU has since provided back-up by-law enforcement support to Bayham, specifically to certain functional aspects as parking, beach, noise, and dog complaints as well as providing back-up to the Fire Chief/By-law Enforcement Officer as vacation and off-hours coverage. DISCUSSION On July 8, 2022, the Municipality of Bayham was advised of the passing of MEU’s Manager of Operations, Chief William (Bill) Menzie. At the time, MEU identified to Bayham the desire to continue to provide these services as authorized by Agreement No. 682 under new leadership. However, the Municipality was further advised on July 19, 2022 that MEU would be closing its doors and ceasing operations effective immediately. Given the extenuating circumstances faced by MEU and the active Agreement in place for by- law services, Staff are recommending Council terminate Agreement No. 682. Council is currently participating in the investigation of Shared Services for Building, Planning, and By-law Enforcement with the Township of Malahide, with the investigation currently at the stage of draft and review of an Agreement for such an arrangement. Should this Agreement ultimately not be approved by Bayham Council, it may be prudent at that time to look into other third-party by-law support options either internally or with our lower-tier neighbours in Elgin County to ensure a high-level of service in this function. Until this consideration is brought before Council, staff will endeavour to provide coverage internally as capacity allows. RECOMMENDATION 1. THAT Report CAO-37/22 re Termination of Agreement No. 682 – MEU – By-law Enforcement Services be received for information; 2. AND THAT Council terminate Agreement No. 682, an agreement with MEU for the provision of by-law enforcement services, effective immediately. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-050 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE MUNICIPALITY AND ANDREW AND KIM HEUTINCK FOR THE CONSTRUCTION OF A PORTION OF GREEN LINE (PART OF ROAD ALLOWANCE BETWEEN CONCESSIONS 10 AND 11 LOT 20) WHEREAS the Owners of lands, Andrew and Kim Heutinck, described in Schedule ‘B’ attached hereto and forming part of this By-law, have applied to the Municipality for permission to reconstruct that part of the said Green Line road allowance shown as PART 1 on Plan 11R- 10796, described in Schedule ‘A’ attached hereto and forming part of this By-law, at the Owners’ expense in order to provide frontage and access to the lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Owners are in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and Andrew and Kim Heutinck setting out the terms and conditions for the construction of Green Line as described in the said Agreement is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. 4. THAT this By-law and Agreement shall be registered on title to the subject lands. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY 2022. __________________________________ __________________________ MAYOR CLERK 1 Schedule ‘A’ By-law No. 2022-050 DEVELOPMENT AGREEMENT DEVELOPMENT AGREEMENT made in duplicate this 21st day of July 2022. BETWEEN: ANDREW HEUTINCK and KIM HEUTINCK (hereinafter referred to as the “Owners”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the Owners are the owners of lands described in Schedule ‘A’ to this Agreement (Owners’ Lands); AND WHEREAS a traveled road allowance known as Green Line is maintained by the Municipality from its intersection with Pressey Road at its westerly termination, eastward to a terminus of the traveled portion east of Talbot Line and just east of the lot lines between Lots 19 and 20; AND WHEREAS the road allowance between Concessions 10 and 11, at Lot 20 contains an unopened portion road allowance beyond the terminus of the currently traveled and maintained portion of Green Line; AND WHEREAS part of the conditions of development of the Owners’ land is that the unopened road allowance between Concessions 10 and 11 at Lot 20 requires extension by further construction over the portion of municipal lands shown as PART 1 on Plan 11R-10796, such plan attached hereto as Schedule “B”, which will have the effect of extending the traveled, maintained and constructed portion of Green Line farther to the east, with such work to be contracted for by the Municipality but to be paid for solely and completely at the owners’ expense in order to provide road frontage and access to the Owners’ Lands, on which the Owners propose to erect or permit to be erected a residential dwelling and accessory buildings; AND WHEREAS the Municipality and the Owners previously entered into an Agreement dated April 21, 2022 governing these matters that requires replacement; 2 AND WHEREAS the Municipality desires to enter into this Development Agreement to ensure orderly development; NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 1. OWNERS’ RESPONSIBILITY FOR COSTS OF ROAD CONSTRUCTION: (a) The Owners agree that the actual municipal costs of constructing that part of the road allowance between Concessions 10 and 11 at Lot 20, more particularly described as Part 1 on Plan 11R-10796 shall be solely at the Owners’ cost and expense, inclusive of associated drainage elements. For greater clarity, the Owners hereby agree and acknowledge that notwithstanding that the Municipality will contract directly with a contractor for the purpose of construction, the Owners shall be responsible for reimbursing the municipality for all actual costs of the construction, including any necessary consulting or other ancillary fees including any costs associated with administration, legal, consulting, permits, approvals, signage or any other fee that may be required by any authority of competent jurisdiction. The Owners agree and acknowledge that they shall not be parties to the contract between the Municipality and the contractor and shall have no control over any construction activities. (b) The Owners agree that they shall be responsible for the costs described in paragraph 1(a) for construction of the road and drainage elements that shall be substantially in accordance with the drawings prepared by Spriet Associates London Limited, Consulting Engineers, dated June 10, 2021, Project 221121 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to hereto as Schedule “C”. Further, the Owners agree that they shall be solely responsible for the costs of Spriet Associates London Limited, Consulting Engineers, preparation and delivery of as-built drawings and any costs associated with inspection and provision of a clearance letter indicating that the construction meets all aspects of the Accepted Drawings design and this Agreement. (c) The Owners agree to be responsible for and to pay all costs and expenses associated with the said construction and all matters related to the construction. The Owners agree and acknowledge that such costs may not be limited to, and may exceed, the amount of the cost estimate from Froese Excavating Ltd. and/or the amount of any security held by the Municipality. Without limiting the generality of the foregoing, such costs and expenses include, but are not limited to, all design and consulting costs, including input, advice and any additional work that the said Manager of Public Works may, in his sole discretion, require from Spriet Associates London Limited. 3 (d) The Owners agree to purchase from the Municipality a civic address sign to identify the Owners’ Lands served by the road construction. (e) The Owners agree that any amounts owed under this Agreement, if not paid within thirty (30) days of demand by the Municipality shall be considered a debt to the Municipality and may be collected in a like manner to taxes pursuant to section 446 of the Municipal Act, 2001 from any property owned by the Owners within the jurisdiction of the Municipality. 2. NO GUARANTEE OF ROAD OPENING BY-LAW (a) When the Manager of Public Works has provided written confirmation of the sufficiency of the road construction to the Owners, Municipal staff shall recommend to Council that it pass a road opening By-Law for the purpose of adding the newly constructed portion over Part 1, Plan 11R-10796 to Municipality’s public network of roads. (b) The Owners specifically acknowledge and agree that there is no guarantee that a By-Law opening Green Line over Part 1, Plan 11R-10796 will be passed by Council for the Municipality. In the event no such By-Law is passed, the Municipality shall not be responsible or liable for any claims, costs, damages, payments or any other amounts expended by the Owners arising out of this Agreement or in preparation for any potential dwellings or accessory buildings on the Owners’ Lands. For greater certainty, the Owners hereby acknowledge and agree that it is contemplated by this Agreement that the Owners shall be responsible for the cost of construction even if development of the Owners Lands is not possible or permitted for any reason whatsoever. 3. MAINTENANCE (a) Until final acceptance of the road construction and the passing and registration of a By-Law opening Green Line over Part 1, Plan 11R-10796, adding it to the public network of roads within the Municipality, the Owners shall be responsible for all costs associated with maintenance of the constructed road. 4. SECURITIES (a) The Owners agree to deposit with the Municipality securities in the form and amount set out below to secure the performance of all of the obligations of Froese Excavation Ltd. pursuant to the road construction agreement entered into between the Municipality and Froese Excavating Ltd. for the purpose or road construction (“the Security”). The Security is to be deposited with the Municipality prior to commencement of any work on the said road, and will be applied by the Municipality to pay for the road construction as well as any and all associated costs required by this 4 Agreement. For greater clarity, the Owners hereby specifically agree, acknowledge and understand that the Security shall not be returned, but shall be utilized to reimburse the Municipality for the costs, fees and expenses described in this Agreement. (b) The said Security will be in the amount of $72,587.58 (Seventy Two Thousand and Five Hundred Eighty-Seven Dollars and Fifty-eight Cents) representing 100 percent of the estimated cost provided by Froese Excavating Ltd., attached as Schedule “D” to this Agreement and an additional $2,500 (Two-Thousand and Five-Hundred Dollars) for as-built drawings as estimated by Spriet Associates London Limited, and shall be in the form of a bank cheque or certified funds, satisfactory to the Municipality. (c) It is understood and agreed that the Municipality may, in its sole discretion, draw all or make one or more partial draws on the Security for purposes of completing the construction of the road and all appurtenances thereto, including rectifying any deficiencies in the said work, including deficiencies that appear after completion of the said work during the warranty period. (d) It is understood and agreed that the Municipality may, in its sole discretion, draw all or make one or more partial draws on the Security for the purpose of paying any cost associated with the road construction as provided for in this Agreement. 5. ERECTION OF DWELLING (a) The Owners agree to construct the dwelling on the south side of the road allowance at a finished grade equal to or greater than the grade of the road. (b) The Owners acknowledge and agree that there is no municipal water servicing to the Owners Lands and that the adequacy of a supply of water for any dwelling to be erected on the lands fronting on the road to be constructed or the potability thereof, shall be at the sole risk of the Owners, and that the Municipality shall have no responsibility or obligation to the Owners or any successors in title with respect to the adequacy and/or potability of a residential water supply. (c) It is understood and agreed that: (i) The road frontage necessary for the Owners Lands to meet with the criteria for a building permit will not be satisfied until such time as the Municipality passes and registers a By-Law extending Green Line over Part 1, Plan 11R-10796. (ii) An Occupancy Permit will not be issued for the said dwelling until all road construction works have been completed to the satisfaction of the Manager of Public Works for the Municipality. 5 6. PARKING OF VEHICLES: The Owners agree that they will neither park vehicles nor cause or permit vehicles to be parked on Green Line at any time in such a manner as to interfere with access by emergency vehicles or with road maintenance activities. 7. APPLICABLE LAW: The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-law and regulations, and to obtain and pay for all required permits. 8. PAYMENT OF COSTS AND FEES: The Owners agree to pay all construction, survey, legal, permit costs and fees, including disbursements, all costs incurred by the Municipality including legal costs, preparation of this Agreement and any other costs associated with or in any way connected with this Agreement. 9. DISPUTE RESOLUTION: (a) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to drawing upon the Security for the purpose of the construction of the road and/or determined by the Chief Building Official/Drainage Superintendent with respect to any issue with regard to drawing upon the Security related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (b) Disputes between the Owners and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Owners, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Owners appointing one arbitrator and those two arbitrators appointing the third. (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Owners. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Owners shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. 10. INDEMNITY AND INSURANCE: 6 (a) The Owners shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the performance of the obligations under this Agreement, including any act or omission, save and except where such act or omission arises out of the Municipality’s own negligence. 11. APRIL 21, 2022 AGREEMENT AT AN END The Agreement entered into between the parties dated April 21, 2022 is hereby terminated immediately upon the execution of this Agreement and replaced with this Agreement. 12. ENTIRE AGREEMENT: This Agreement is the entire Agreement between the Owners and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Owners and the Municipality. 13. SEVERABILITY: If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 14. CONTEXT: In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 15. GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 16. NO REPRESENTATIONS OR WARRANTIES: It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the road, the Owners’ Lands or the passing of any by-law or issuing of any permit necessary for completion of the development. 17. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 18. NOTICE: 7 Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 and to the Owners at: Andrew Heutinck and Kimberly Heutinck 1582 Concession # 3 Wilsonville ON N0E 1Z0 Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. 19. REGISTRATION AND FUTURE OWNERS This Agreement shall be registered against the Owners’ Lands at the sole cost and expense of the Owners, pursuant to section 71 of the Land Titles Act, RSO 1990 c. L. 5.. The parties hereto agree that this Agreement shall bind future owners and any successors in title as if such future owners and/or successors in title are the Owners defined in this Agreement. 20. VOLUNTARINESS The Parties hereto have entered into this agreement voluntarily and have had the opportunity to receive independent legal advice and where such advice was not obtained, the party not receiving such advice hereby acknowledges and agrees that they specifically waived such opportunity. 21. HEADINGS: Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. SIGNED, SEALED AND DELIVERED ) In the presence of: ) _____________________________ ) Andrew Heutinck ) ______________________________ ) Witness ) _____________________________ ) Kimberly Heutinck 8 ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, Clerk ) 9 SCHEDULE ‘A’ TO DEVELOPMENT AGREEMENT HEUTINCK Assessment Roll Number: 3401-000-006-16600 Legal Description of Owners Lands’: Bayham Con 10 N Pt Lots 20 and 21 Pt Rd Allow and RP 11R10176 Part 1 10 SCHEDULE ‘B’ TO DEVELOPMENT AGREEMENT HEUTINCK Survey SCHEDULE ‘C’ TO DEVELOPMENT AGREEMENT HEUTINCK Road Construction Design SCHEDULE ‘D’ TO DEVELOPMENT AGREEMENT HEUTINCK Construction Cost Estimate THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-051 BEING A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE A CONSTRUCTION AGREEMENT BETWEEN THE MUNICIPALITY AND FROESE EXCAVATING LTD. FOR THE CONSTRUCTION OF A PORTION OF GREEN LINE (PART OF ROAD ALLOWANCE BETWEEN CONCESSIONS 10 AND 11 LOT 20) WHEREAS the Owners of lands, Andrew and Kim Heutinck, have applied to the Municipality for permission to reconstruct that part of the said Green Line road allowance shown as PART 1 on Plan 11R-10796, described in Schedule ‘A’ attached hereto and forming part of this By-law, and have contracted directly with Froese Excavating Ltd. to perform the works at the Owners’ expense in order to provide frontage and access to the lands of the Owners, AND WHEREAS the Council of The Corporation of the Municipality of Bayham is in agreement with the project proceeding subject to the conditions as set out in the Development Agreement attached hereto as Schedule ‘A’ and forming part of this By-law; AND WHEREAS the said Contractor, Froese Excavating Ltd., is in agreement with the terms and conditions as set out in the aforementioned Agreement and Council now deems it necessary to execute same. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Agreement attached hereto as Schedule ‘A’ and forming part of this By-law between the Corporation of the Municipality of Bayham and Froese Excavating Ltd. setting out the terms and conditions for the construction of Green Line as described in the said Agreement is hereby approved. 2. THAT the Mayor and Clerk be hereby authorized to execute the said Agreement. 3. THAT this Agreement shall come into full force and effect upon the date of its enactment. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY 2022. __________________________________ __________________________ MAYOR CLERK Schedule ‘A’ By-law No. 2022-051 GREEN LINE CONSTRUCTION THIS AGREEMENT made in duplicate this 21st day of July 2022. BETWEEN: FROESE EXCAVATING LTD. (hereinafter referred to as the “Contractor”) of the First Part THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter referred to as the “Municipality”) of the Second Part WHEREAS the development of certain lands at the eastern terminus of the travelled portion of Green Line has been conditionally approved by the Municipality; AND WHEREAS a condition of final approval of development is that Green Line be extended such that the to-be-developed lands have adequate frontage onto Green Line; AND WHEREAS more particularly, the road allowance between Concessions 10 and 11, at Lot 20 contains an unopened portion of road allowance beyond the terminus of the currently traveled and maintained portion of Green Line; AND WHEREAS the Municipality requires extension of Green Line through the lands depicted as PART 1 on Plan 11R-10796, attached hereto as Schedule “A”, which will have the effect of extending the traveled, maintained and constructed portion of Green Line farther to the east; AND WHEREAS the Municipality desires to enter into this Agreement to ensure the orderly construction of the said proposed extension of Green Line; AND WHEREAS the Contractor has the skill, expertise and equipment necessary to construct the extension of Green Line; NOW THEREFORE in consideration of the premises, the payment of the sum of Two Dollars ($2.00) of lawful money of Canada together with other good and valuable consideration by the Owners to the Municipality, the receipt and sufficiency of which is hereby acknowledged, the Owners and the Municipality hereby covenant and agree as follows: 2 GENERAL 1. The Municipality is a corporation incorporated pursuant to the Municipal Act, 2001 S.O. 2001 c. 25 and is governed by Council and operated by administration. 2. The Contractor is a corporation resident in Ontario and incorporated under the laws of the Province of Ontario and has represented to the Municipality that it has the requisite skill, ability, expertise, qualifications and equipment to carry on the Services. 3. Any and all Schedules attached hereto form an integral part of this Agreement. 4. OPSS.MUNI.100 General Conditions of Contract, to the extent that they are applicable given the context of the Construction and that they do not vary or conflict with contract documents in precedence, including this Agreement, are hereby incorporated into and form an integral part of this Agreement. FEES AND DISBURSEMENTS 5. The Contractor shall be paid a fixed price (“Lump Sum”) for the construction of Green Line on and over the municipal lands identified as Part 1 on Plan 11R-10796 including all drainage elements associated therewith in the amount of Seventy Thousand and Eighty- Seven Dollars and Fifty-Eight Cents ($70,087.58) inclusive of HST, as shown in the Cost Estimate attached hereto as Schedule “C”. For greater certainty, OPSS.MUNI.100 General Conditions 8.02.05 – Payment on a Time and Material Basis do not apply to this Agreement, save and accept that GC 8.02.05.11 shall apply to the fixed sum set out in this Agreement. 6. Payments under this Agreement will be made only after this Agreement has been duly executed by both parties and the municipality has accepted the Construction as set out in this Agreement. The Contractor shall provide detailed accounts for the Construction. If requested by the Manager of Public Works, the Contractor will make available to the Municipality such accounts, records, receipts, vouchers and documents for the purpose of substantiating its accounts. TERM 7. The Contractor shall carry out the Construction with the utmost dispatch and, subject to delays beyond its control, between the effective date of this Agreement and November 30, 2022. TERMINATION 8. The Municipality may terminate this Agreement at any time by providing the Contractor with thirty (30) days’ notice. 9. The Municipality may immediately terminate this Agreement upon giving notice to the Contractor where: 3 a. The Contractor breaches any provision of this Agreement, including but not limited to poor performance by the Contractor; b. The Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Contractor’s insolvency; c. The Contractor, prior to or after executing this Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the Municipality; d. The Contractor assigns this Agreement without the consent of the Municipality; e. The Contractor undergoes a change in control which adversely affects the Contractor’s ability to satisfy some or all of its obligations under this Agreement; CONTRACTOR COVENANTS 10. The Contractor covenants as follows: (a) The Contractor shall construct an extension of Green Line on the municipal lands identified as Part 1 on Plan 11R-10796 (the “Construction”); (b) The Construction shall be in accordance with the drawings prepared by Spriet Associates London Limited, Consulting Engineers, dated June 10, 2021, Project 221121 (the “Accepted Drawings”), including all appurtenances thereto and all details shown on the Accepted Drawings, which are attached to hereto as Schedule “B” and more generally shall conform to the Municipality’s Design and Construction Standards 2018. (c) The Construction must be carried out in accordance with good engineering practice and in a good workmanlike manner. Without limiting the generality of the foregoing, the construction must meet with the satisfaction of the Manager of Public Works of the Municipality at the Manager’s sole and unfettered discretion. (d) The Contractor must obtain, at its sole cost and expense, all permits, approvals, traffic control and/or road occupancy signage and any other permission or thing that may be required by the Municipality or any other authority of competent jurisdiction including, but not limited to, any Ministry approvals required from the Province of Ontario or permits required by any Conservation Authority, if applicable. (e) The Contractor hereby agrees and acknowledges that no construction may proceed until all certificates of insurance and securities required by this Agreement have been provided to the Municipality and until all necessary permits and approvals have been obtained. (f) The Contractor shall comply with the Workplace Safety and Insurance requirements (WSIA) and Human Rights policies; 4 (g) The Contractor shall obtain and keep current WSIB insurance and to provide the Municipality with proof of such insurance if requested; (h) The Contractor shall ensure that the persons in their organizations who deals with members of the public or other third parties receives training about the provision of goods or services to persons with disabilities as required by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended; (i) The Contractor shall supply at its sole cost and expense all staff, equipment, accommodations and technical assistance necessary to perform the Construction and assume all overhead expenses in connection with the Construction; (j) The Contractor shall co-operate with the Manager of Public Works and do all things necessary to enable the Manager of Public Works to evaluate the Construction as required. (k) The Contractor shall not employ any sub-consultants or sub-contractors without the express, prior, written approval of the Municipality. 11. ACCEPTANCE (a) Prior to any final inspection by the Manager of Public Works, the design engineers, being Spriet Associates London Limited (or Municipality’s designate) shall be required to provide as-built drawings and a clearance letter indicating that the Construction, including all appurtenances and details shown on the Accepted Drawings, is complete and that the Construction meets all aspects of the Accepted Drawings and requirements of this Agreement. (b) The Manager of Public Works, or designate/agent, shall perform a final inspection of the road construction and provide written confirmation of the Municipality’s acceptance of the sufficiency of the road construction, OR shall provide written notice of any deficiencies that must be rectified. (c) If any deficiencies are noted then a further final inspection shall be performed following the rectification of such deficiencies. 12. MAINTENANCE AND WARRANTY (a) The Contractor agrees that it shall perform any repairs or maintenance work determined to be necessary by the Municipality at the Manager of Public Works, or designate/agent’s, sole discretion for a period of one (1) year following acceptance. 5 13. APPLICABLE LAW: The Owners agree to comply with all applicable laws of all government bodies and agencies, including all by-law and regulations, and to obtain and pay for all required permits. 14. DISPUTE RESOLUTION: (a) This section supersedes OPSS.MUNI.100 GC 3.14. (b) In the event of any dispute respecting the interpretation of this Agreement of the Municipality’s requirements, the matter shall be determined by the Manager of Public Works of the Municipality with respect to any issues relating to the construction of the road and by the Chief Building Official/Drainage Superintendent with respect to any issue related to drainage and grades and subject to subparagraph (b) their respective decision shall be final. (c) Disputes between the Contractor and the Municipality with respect to any provision of this Agreement, unresolved under subparagraph (a) above, shall be referred to arbitration in compliance with the provisions of the Arbitrations Act R.S.O. 1990, as amended, and in particular subject to the following requirements: (i) There shall be a single arbitrator agreeable to the Municipality and the Contractor, unless both are not able to agree on a single arbitrator, in which case there shall be a panel of three arbitrators, with each of the Municipality and the Contractor appointing one arbitrator and those two arbitrators appointing the third. (ii) The decision of the arbitrator or arbitrators as the case may be, shall be final. (iii) The costs of the arbitration shall be borne entirely by the Contractor. (iv) Notwithstanding the existence of any such disputes, the Municipality and the Contractor shall continue to carry out their obligations under this Agreement in a timely fashion, and such carrying out of obligations shall be without prejudice to their respective rights under this Agreement. INDEMNITY AND INSURANCE: (a) Until the Municipality has finally accepted the Construction, the Contractor shall indemnify the Municipality, its agents, employees, contractors and subcontractors from and against all expenses, actions, causes of actions, suits, construction liens, claims, demands or administrative orders whatsoever which may arise, either directly or indirectly, by reason of the construction and installation of any and all of the road and other appurtenance construction performed pursuant to this Agreement, including all plans, specifications and contracts therefor and any and all 6 documentation submitted by or on behalf of the Contractor in support of the acceptance of such plans, specifications and contract. Compliance with the insurance requirements of this Agreement shall not be construed as relieving the Owners from responsibility for indemnity of the Municipality for liability not covered by such insurance or in excess of the policy limits of such insurance. (b) The Contractor agrees to maintain insurance in sufficient amount and description as will protect the Contractor and the Municipality from claims for damages, personal injury including death, and for claims from property damage which may arise from the Contractor’s operations pursuant to this Agreement, including any act or omission of the Contractor’s agents or employees while engage in any activity pursuant to this Agreement and such coverage shall include all costs, charges and expenses reasonably incurred for any injury or damage. (c) In addition to the foregoing, the Contractor covenants and agrees that: (i) The limits of liability for Personal Injury, Bodily Injury and Property Damage combined shall be for not less than Five Million ($5,000,000.00) Dollars for each occurrence. (ii) All policies shall provide that they cannot be cancelled, allowed to lapse or be materially changed (to the detriment of the Municipality) without at least thirty (30) days’ notice to the Municipality by registered mail. (iii) The Municipality shall be named as an additional insured and the policy shall include a provision for cross liability. 15. UNSATISFACTORY OR INCOMPLETE WORK: (a) Upon any failure by the Contractor to do any work or rectify any unsatisfactory work upon seven day’s written notice, the Manager of Public Works for the Municipality may procure same to be done at the Contractor’s expense and all costs may be recovered from any Security held by the Municipality for the purpose of the Construction, whether such Security is received from the Contractor or another entity or persons. In any case of emergency affecting public safety, the said Manager of Public Works may act without notice or on such notice as is reasonable in the circumstances. 16. CONSTRUCTION LIENS: (a) The Contractor shall comply with all of the provisions of the Construction Act, R.S.O. 1990 c. C30, as amended from time to time and without limiting the generality of the foregoing, with regard to any permitted sub-contractor, shall hold in its possession all the statutory holdbacks and any additional funds required to be held by the said Act. These holdbacks and funds shall not be disbursed except in accordance with the Act. (b) The Contractor shall, at its own expense, within ten (10) days of receiving written notice from the Municipality to do so, pay, discharge, vacate, and obtain and register 7 a release of all charges, claims, liens and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990 c. C 30, which affect any lands of the Municipality, including public highways and road allowances, and which arise out of the performance of this Agreement by the Contractor and its servants, employees, agents, contractors and subcontractors. Should the Contractor fail or refuse to pay, discharge vacate or obtain and register a release of all charges, claims, liens and all preserved or perfected liens, then the Municipality may proceed to take any legal action available to it and the Contractor hereby specifically agrees to indemnify the Municipality of all of its costs associated with taking such legal action including its legal costs on a full indemnity scale. (c) The Manager of Public Works for the Municipality may at any time, authorize the use of all or part of the Security for the Construction, including bank cheque or letter of credit: (i) To pay, discharge, vacate, and obtain and register a release of all charges, claims, liens, and all preserved or perfected liens, made, brought or registered pursuant to the Construction Act, R.S.O. 1990, c. C30, which affect any lands, including public highways and road allowances of the Municipality in the event the Contractor default on the performance of this section, and (ii) To pay to the Municipality any amounts owing to it pursuant to this section. 17. ENTIRE AGREEMENT: This Agreement is the entire Agreement between the Contractor and the Municipality regarding the subject of this Agreement and it can be amended or supplemented only by a document executed in writing by both the Contractor and the Municipality. 18. SEVERABILITY: If any term of this Agreement is found to be invalid, illegal or unenforceable by a court having the jurisdiction to do so, that term is to be considered to have been severed from the rest of this Agreement and the rest of this Agreement remains in force unaffected by that finding or by the severance of that term. 19. CONTEXT: In this Agreement, unless the context otherwise requires, the singular includes the plural and the masculine includes the feminine gender and a corporation. 20. GOVERNING LAW: This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario. 21. NO REPRESENTATIONS OR WARRANTIES: It is acknowledged and agreed that the Municipality has made no representations or warranties whatsoever as to site conditions in the proposed development of the suitability of the site for the construction of a road. 8 22. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon and shall enure to the benefit of the parties hereto and their respective successors and assigns. 23. NOTICE: Any notice required or permitted to be given hereunder or any tender or delivery of documents may be sufficiently given by personal delivery or, if other than the delivery of an original document, by facsimile transmission to the Municipality at the following address: Municipality of Bayham 56169 Heritage Line P.O. Box 160 Straffordville ON N0J 1Y0 and to the Contractor at: John Froese 408 Plowman’s Line, RR#6 Tillsonburg ON N4G 4G9 John@Froeseexcavating.com Any notice may also be given by prepaid registered mail, and such notice shall be effective four (4) days following the date of mailing, except in the event that there shall be a disruption in postal services at the date of mailing, in which case notice shall be effective by personal delivery or a facsimile transmission as stated above. Any electronic notice shall be deemed to be served on the day it is sent provided that it is sent to the e-mail address herein noted. Any electronic notice sent after 4:30pm shall be deemed to be served on the following regular business day. 24. HEADINGS: Headings contained in this Agreement are for reference purposes only and do not affect the meaning of this Agreement. [ONE (1) SIGNATURE PAGE FOLLOWS] [THE BELOW SPACE INTENTIONALLY LEFT BLANK] 9 IN WITNESS WHEREOF the Corporate parties have affixed their Corporate Seals under the hands of their officers duly authorized in that behalf, and the individual parties have set their hands and seals. SIGNED, SEALED AND DELIVERED ) FROESE EXCAVATING LTD. ) ) ) ) _____________________________ ) John Froese ) ) ) I have authority to bind the corporation. ) ) ) THE CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Ed Ketchabaw, Mayor ) ) ) _____________________________ ) Thomas Thayer, Clerk ) 10 SCHEDULE ‘A’ TO CONSTRUCTION AGREEMENT FROESE EXCAVATING LTD. Survey SCHEDULE ‘B’ TO CONSTRUCTION AGREEMENT FROESE EXCAVATING LTD. Road Construction Design SCHEDULE ‘C’ TO CONSTRUCTION AGREEMENT FROESE EXCAVATING LTD. Construction Cost Estimate THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-054 A BY-LAW TO AUTHORIZE THE MAYOR AND CLERK TO EXECUTE AN AMENDING AGREEMENT WITH HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE SOLICITOR GENERAL FOR THE PROVISION OF POLICE SERVICES FOR THE ELGIN GROUP MUNICIPALITIES WHEREAS the Municipal Act, 2001 S.O, c.25, as amended, authorizes municipalities to enter into agreements; AND WHEREAS under Section 4(1) of the Police Services Act, R.S.O. 1990, c.P.15, municipalities are required to provide adequate and effective police services in accordance with its needs; AND WHEREAS under Section 10 of the Police Services Act, R.S.O. 1990, c.P.15, the Solicitor General may enter into an agreement with the council of a municipality or jointly with the councils of two or more municipalities for the provision of police services for the municipality or municipalities by the Ontario Provincial Police; AND WHEREAS under Section 29, the Parties may amend the Agreement by written agreement; AND WHEREAS the Corporation of the Municipality of West Elgin, the Corporation of the Municipality of Bayham, the Corporation of the Municipality of the Township of Southwold, the Corporation of the Municipality of Central Elgin, the Corporation of the Municipality of Dutton Dunwich and the Corporation of the Municipality of the Township of Malahide (herein after collectively called the “Elgin Group”) seek to enter into a single amending agreement for the provision of Police Services by the Ontario Provincial Police; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk are hereby authorized, on behalf of the Corporation of the Municipality of Bayham to enter into an execute under its corporate seal an agreement for the provision of Police Services with the Solicitor General of Ontario; 2. AND THAT the Police Services agreement with the Solicitor General of Ontario shall also be authorized by the five other Municipalities, being the other members of the Elgin Group; 3. AND THAT the Police Services amending agreement will commence on the 30th day of December, 2022 and will conclude on the 31st day of December 2023; 4. AND THAT a copy of said amending agreement shall remain attached to and form part of this by-law; 5. AND THAT this by-law shall come into force and effect upon the final passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21st DAY OF JULY 2022. ___________________________ _____________________________ MAYOR CLERK