HomeMy WebLinkAboutOctober 06, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, October 6, 2022 7:00 p.m. The October 6, 2022 Council Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s 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. PRESENTATIONS 6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Council Meeting held September 15, 2022 B. Court of Revision - Hampton Drain Meeting held September 15, 2022 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report BL-02/22 by Harry Baranik, Fire Chief|By-Law Enforcement re Animal Control
By-Law – Requirement for Dog Licensing
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B. Report FR-07/22 by Harry Baranik, Fire Chief|By-Law Enforcement re Elgin County Fire
Communications Equipment Study – Fire Paging and Two-Way Radio Communications
Systems
C. Report FR-08/22 by Harry Baranik, Fire Chief|By-Law Enforcement re Renewal of
Medical Tiered Response Agreement
D. Report PS-18/22 by Steve Adams, Manager of Public Works|Drainage Superintendent
re Bulk Item Curbside Pick-Up Two Month Update
E. Report PS-19/22 by Steve Adams, Manager of Public Works|Drainage Superintendent
re Results of RFP 22-01 Port Burwell Community Park Ball Diamond Lighting Upgrades
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing – Housekeeping Amendment
B. Notice of Public Meeting – Minor Variance Application A-09/22 29 Edison Drive 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-54/22 by Thomas Thayer, CAO|Clerk re 3rd Quarter Report
B. Report DS-56/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E69-22 Kristensen, 57220 Eden Line
C. Report DS-57/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E74-22 Obar and Cain, 11643 Plank Road 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. County of Elgin re September 14, 2022 Council Highlights B. County of Elgin re September 27, 2022 Council Highlights
C. County of Elgin re Request for Traffic Study D. Municipality of Brighton re College and Physicians & Surgeons of Ontario
E. Municipality of Grey Highlands re Increased Speeding Fines 13.1.2 Requiring Action
A. Brad Kennedy re Street Light Request
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13.2 Reports to Council
A. Report CAO-53/22 by Thomas Thayer, CAO|Clerk re 2023 Council Schedule
B. Report CAO-54/22 by Thomas Thayer, CAO|Clerk re Library Leases for Straffordville Library and Fred Bodsworth Library C. Report CAO-55/22 by Thomas Thayer, CAO|Clerk re Road Access Agreement – Execulink Telecom Inc.
D. Report CAO-56/22 by Thomas Thayer, CAO|Clerk re Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road Straffordville (SPA-06/21) E. Report CAO-57/22 by Thomas Thayer, CAO|Clerk re Site Plan Agreement – 2572306 Ontario Inc. (The Meadows) – Part Lots 23 and 24, Concession 9, Bayham (SPA-02/21) F. Report CAO-58/22 by Thomas Thayer, CAO|Clerk re Capital Items PR-02 and PR-03 – Vienna Community Park and Canoe/Kayak Launch G. Report CAO-59/22 by Thomas Thayer, CAO|Clerk re Adoption of Water and Wastewater Development Charges By-Law
H. Report CAO-60/22 by Thomas Thayer, CAO|Clerk re Electronic Monitoring Policy
14. BY-LAWS
A. By-Law No. 2022-065 Being a by-law to amend By-law No. 2022-003 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 B. By-Law No. 2022-066 Being a by-law to authorize the execution of a municipal access agreement between the Municipality of Bayham and Execulink Telecom Inc. C. By-Law No. 2022-067 Being a by-law to establish development charges for the Municipality of Bayham D. By-Law No. 2022-069 Being a by-law to adopt an electronic monitoring policy 15. UNFINISHED BUSINESS 16. OTHER BUSINESS
A. July 13, 2022 Blue Flag Beach Committee Meeting Minutes
B. Blue Flag Beach Committee Resolution from September 15, 2022 Meeting 16.1 In Camera 16.2 Out of Camera
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17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-070 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, September 15, 2022 7:00 p.m. 8:00 p.m. Court of Revision Meeting The September 15, 2022 Council Meeting was held using hybrid technologies 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 MEAGAN ELLIOTT
DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES WATER/WASTEWATER ED ROLOSON
MANAGER OF PUBLIC WORKS STEVE ADAMS 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. and requested all those present to stand for a moment of silence in memory of the late Queen Elizabeth II. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 13.1.1 E Office of Karen Vecchio re Redistribution of Federal Districts – London Open
House – REMOVAL 13.1.1 F Office of Karen Vecchio re Redistribution of Federal Districts – St. Thomas Open House – REMOVAL 13.2 G Report CAO-47/22 by Thomas Thayer, CAO|Clerk re 2023 Insurance Update
13.2 H Report CAO-51/22 by Thomas Thayer, CAO|Clerk re RFP Results – County of Elgin RFP No. 2022-P36 – Integrity Commissioner Services with Closed Meeting
Investigator and Ombudsman Options 13.2 I Report CAO-52/22 by Thomas Thayer, CAO|Clerk re Curbside Waste Disposal Contract – Norfolk Disposal
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4. ANNOUNCEMENTS Councillor Froese welcomed everyone to the hybrid world of Council meetings and urged residents to ask Council and Staff their questions instead of potential rumours that may be
posted on social media platforms. Mayor Ketchabaw announced that September is childhood cancer awareness month.
CAO Thomas Thayer reminded those of the Municipal Election on Monday, October 24th and that information on advance polls is on the Bayham website. The CAO also noted that applications to be an Election Official close on Friday, September 16, 2022.
5. PRESENTATIONS 6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held September 1, 2022 B. Development Charges Public Meeting held September 1, 2022
Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the minutes from the Regular Council Meeting held September 1, 2022 and the minutes from the Development Charges Public Meeting held September 1, 2022 be
approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
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A. Report PS-17/22 by Ed Roloson, Water/Wastewater Operations re Capital Item PW-18,
Carson Line Road Reconstruction
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report PS-17/22 re: Capital Item No. PW-18, Carson Line Road Reconstruction be received for information;
AND THAT Capital Item No. PW-18, Carson Line road reconstruction be deferred from
the 2022 Capital Works Budget and be reconsidered as a 2025 Capital Works Project. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing of Zoning By-law No. Z750-2022 – Jiggins
B. Notice of Passing of Zoning By-law No. Z749-2022 – Zimak C. Notice of Refusal of Zoning By-law Amendment Application ZBA-18/22 – Blatz
D. Notice of Adoption of Official Plan Amendment No. 28 – Vienna Farms Ltd.
E. Notice of Adoption of Official Plan Amendment No. 29 – Bonnefield Moved by: Councillor Froese Seconded by: Councillor Donnell THAT items 12.1.1 A – E be received for information. CARRIED 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-52/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Zoning By-law Housekeeping Amendment
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report DS-52/22 regarding the Housekeeping Zoning By-law Amendment for the Municipality of Bayham 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 July 21, 2022 associated with the amendments, no written submissions were received
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before or after the public meeting and that all considerations regarding this matter were
taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended;
AND THAT Zoning By-law No. Z751-2022 be presented to Council for enactment.
CARRIED 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Kingsville re Opposition to Bill 3, Strong Mayors, Building Homes Act, 2022 B. County of Elgin re Community Grant Program C. County of Elgin re September 2022 Newsletter D. Municipality of Bayham re Notice of Upcoming Changes to Procedural By-law E. Susanne Schlotzhauer re Stormwater System Funding Options
Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT items 13.1.1 A – E be received for information.
CARRIED 13.1.2 Requiring Action
13.2 Reports to Council
A. Report TR-13/22 by Lorne James, Treasurer re 2022 Fiscal Outlook Report Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Staff Report TR-13/22 re 2022 Fiscal Outlook Report be received for information. AND THAT staff be directed to invest an additional $500,000 into a one-year GIC within five (5) business days.
CARRIED B. Report TR-14/22 by Lorne James, Treasurer re 2022-2023 DMAF Update
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report TR-14/22 2022-2023 DMAF Update be received for information.
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AND THAT staff work with Watson and Associates to prepare and present any applicable background works or studies regarding a Special Area Rate for Port Burwell and municipal Stormwater Development Charge as own-source revenue components
and report back to Council when appropriate. CARRIED
C. Report TR-15/22 by Lorne James, Treasurer re 2023 Capital Budget Update Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-15/22 re 2023 Capital Budget Update be received for information. CARRIED D. Report CAO-48/22 by Thomas Thayer, CAO|Clerk re Investing in Canada Infrastructure Program – Green Stream Transfer Payment Agreement Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Report CAO-48/22 re Investing in Canada Infrastructure Program – Green Stream
Transfer Payment Agreement be received for information; AND THAT the appropriate by-law to authorize a Transfer Payment Agreement between
The Corporation of the Municipality of Bayham and Her Majesty the Queen in right of Ontario, as represented by the Minister of Infrastructure be brought forward for Council’s consideration. CARRIED E. Report CAO-49/22 by Thomas Thayer, CAO|Clerk re Enabling Accessibility Fund – Small Projects Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report CAO-49/22 re Enabling Accessibility Fund – Small Projects be received for information;
AND THAT Council supports an application to the Enabling Accessibility Fund – Small Projects for an accessible entrance and washroom at the Marine Museum.
CARRIED
The Council Meeting recessed to host a Court of Revision Drainage Meeting at 8:00 p.m.
The Council Meeting resumed at 8:38 p.m.
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F. Report CAO-50/22 by Thomas Thayer, CAO|Clerk re Proposed Redistribution of Federal
Election Districts Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT Report CAO-50/22 re Proposed Redistribution of Federal Electoral Districts be
received for information; AND THAT the Municipality of Bayham coordinate efforts with Elgin County and the City of St. Thomas to represent interests and concerns pertaining to the proposed federal electoral boundary districts;
AND THAT the Municipality of Bayham develop a written submission for the Federal Electoral Boundaries Commission for the Province of Ontario; AND THAT the written submission’s guiding principle be that Elgin County and the City of St. Thomas remain fully contained and represented with one federal electoral district. CARRIED
G. Report CAO-47/22 by Thomas Thayer, CAO|Clerk re 2023 Insurance Update
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-47/22 re 2023 Insurance Update be received for information.
CARRIED
H. Report CAO-51/22 by Thomas Thayer, CAO|Clerk re RFP Results – County of Elgin RFP No. 2022-P36 – Integrity Commissioner Services with Closed Meeting Investigator and Ombudsman Options Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-51/22 re RFP Results – County of Elgin RFP No. 2022-P36 – Integrity Commissioner Services with Closed Meeting Investigator and Ombudsman Options be received for information;
AND THAT the Council of The Corporation of the Municipality of Bayham agrees to enter into an agreement with Aird & Berlis LLP for Integrity Commissioner and Closed
Meeting Investigator Services; AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration. CARRIED
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I. Report CAO-52/22 by Thomas Thayer, CAO|Clerk re Curbside Waste Disposal Contract
– Norfolk Disposal Moved by: Councillor Donnell
Seconded by: Counrillor Froese THAT Report CAO-52/22 re Curbside Waste Disposal Contract – Norfolk Disposal be
received for information; AND THAT Council supports the engagement of Norfolk Disposal Services Limited in discussion regarding a new contract for curbside garbage collection services. CARRIED 14. BY-LAWS
A. By-Law No. Z751-2022 Being a by-law to amend By-law No. Z456-2003, as amended – housekeeping B. By-Law No. 2022-063 Being a by-law to authorize the execution of a transfer pay agreement between Her Majesty the Queen in right of Ontario and the Corporation of the
Municipality of Bayham for the Investing Canada Infrastructure Program (ICIP) Green Stream
Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT By-law Nos. Z751-2022, as amended, and 2022-063 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS
16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-064 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2022-064 be read a first, second and third time and finally passed.
CARRIED
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18. ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 9:11 p.m. CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, September 15, 2022 8:00 p.m. – Hampton Drain Improvements
The September 15, 2022 Hampton Drain Court of Revision Meeting was held using hybrid technologies 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 MEAGAN ELLIOTT
DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF PUBLIC WORKS|DRAINAGE SUPERINTENDENT STEVE ADAMS TREASURER LORNE JAMES WATER/WASTEWATER ED ROLOSON ENGINEER: JOHN SPRIET
PUBLIC ATTENDEES: BOB GREGSON CRAIG GREGSON 1. CALL TO ORDER
Mayor Ketchabaw called the Court of Revision for the Hampton Drain Improvements to order at 8:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
A. Hampton Municipal Drain Notice of Court of Revision – Second Sitting
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the Court of Revision is to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per the updated assessment schedule following the first Court of Revision held on June 16, 2022.
Court of Revision Minutes September 15, 2022
4. STAFF PRESENTATION A. Report DS-53/22 by Steve Adams, Manager of Public Works / Drainage Superintendent re Hampton Drain Improvements 2nd Court of Revision S. Adams presented report DS-53/22 and Engineer John Spriet gave an overview of the amended assessment.
5. PUBLIC PARTICIPATION Bob Gregson and Scott Gregson submitted written appeals. Bob Gregson spoke on behalf of Scott Gregson as outlined in Scott’s correspondence he was permitted to do so, as well as his
own. Craig Gregson was present and requested to speak as he is now a property owner included on the assessed properties. The Court allowed Craig Gregson to speak. All appellants believe they should not be assessed on the Hampton Drain at all as they believe the water does
not flow the way the engineer has noted. Bob Gregson noted a previous study from 1969 that states the water flows the opposite way. The Court members asked clarifying questions to both Mr. Adams and Mr. Spriet. Discussions arose of potential solutions to accommodate the
Gregson’s. An option of constructing a berm along the Jackson Line road allowance on the north side of Part Lots 9 and 10, subject to a mutual agreement with the Municipality was agreeable to both the Court and the Gregson’s. Engineer John Spriet noted this could be a viable option but
stressed that the Hampton Drain would provide a higher level of service. 6. DISPOSITION Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-53/22 re Hampton Drain Improvements second sitting of the Court of Revision
be received for information;
AND THAT the Court of Revision acknowledge the second appeals received from Bob Gregson
and Scott Gregson regarding their assessments being too high;
AND THAT the Court of Revision acknowledge the Gregsons’ willingness to construct a berm
along the Jackson Line road allowance on the north side of Part Lots 9 and 10, which would be
subject to a mutual agreement with the Municipality and would require inspection from time to
time by Municipal Engineer or designate;
AND THAT the Court of Revision for the Hampton Drain Improvements hereby directs the
Engineer to re-assess the Benefit and Outlet Charges on the lands in Engineer’s Report
#220242, dated March 15, 2022 and revised June 17, 2022, to address the construction of a
berm as noted;
AND THAT the Court of Revision direct the Engineer to re-submit the revised assessment when
changes are complete.
CARRIED
Court of Revision Minutes September 15, 2022
7. ADJOURNMENT Moved by: Councillor Chlcott Seconded by: Councillor Froese THAT the second sitting of the Court of Revision for the Hampton Drain Improvements be
adjourned at 8:38 p.m.
CARRIED
MAYOR CLERK
KVA
THE FIRE DEPARTMENTS OF ELGIN COUNTY
FIRE PAGING AND TWO-WAY RADIO
COMMUNICATIONS SYSTEMS STUDY
FINAL REPORT
Prepared By: KVA Communications Inc.
113 Gerald Ave.
Orillia, Ontario L3V 3S4
Telephone: (705) 259-1282
E-mail: kvacommunications@rogers.com
Prepared For: The Fire Departments of Aylmer, Bayham, Central Elgin,
Dutton-Dunwich, Malahide, Southwold and West Elgin
KVA Project Number: 22-38937
Date: August 31, 2022
Signed:
Al Forest, P. Eng.,
President
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
EXECUTIVE SUMMARY
KVA Communications Inc. has been hired by the municipal Fire Departments of Elgin County to review the existing radio paging and two-way voice communications systems shared among the Departments. The primary focus of this effort is to confirm that the current situation is consistent with norms established for Public Safety agencies with regard to the quality, stability and redundancy for radio communications. Furthermore, the Fire Departments are looking for guidance regarding short and long term actions to ensure that effective mission critical communications are maintained and enhanced for years to come. Prior to KVA Communications taking on this assignment in Elgin County, we had certain pre-
conceived notions of what to expect for rural Fire Department paging and voice radio communications – these, based on our experience over many years. To say the least, we were pleasantly surprised by what we found here. There are many very good elements about the system, but, it is not perfect.
Shoreline Coverage The biggest complaint regarding radio operations was the shadowing of OPS channel signals at the
beach shorelines of Lake Erie, especially near the towns of Port Burwell, Port Bruce, Port Stanley
and Port Glasgow. One possible solution might be strategically located and remotely controlled “fixed” VR units to relay radio calls automatically between a TAC channel and an OPS channel in those areas. Such devices would cost about $15,000 each, assuming suitable locations; for example, utility poles could be secured at little or no extra cost.
Future Plans The Departments may wish consider other providers of dispatching and maintenance/repair services; however, they are cautioned to make “apples-to-apples” comparisons, especially with regard to the
specific service levels.
In our view, over the next five-to-ten years, there will not be any new technology emerging to supplant the radio system that exists today. Also, now is not the time for system replacement – certainly not a wholesale or “forklift” replacement. The system and equipment has been reliable and should continue to be so. However, the Departments should keep aware of any developing and troubling trends with the system and take action as needed. There would be not be any specific “upgrades” necessary. If not already doing so, each Department should be putting aside funds in anticipation for the recommended future “replacement-in-kind” solution, which would cost in the neighbourhood of $1,000,000. Therefore, each Department should budget at least $30,000 per year, over and above their current expenditures, for their System Replacement Fund in order to reach that goal in five years and then plan the system replacement process. Hopefully no extraordinary outlay of funds would eat into these reserves.
i
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1.0 INTRODUCTION KVA Communications Inc. has been hired by the municipal Fire Departments of Elgin County; that is, those of the Town of Aylmer, the Municipality of Bayham, the Municipality of Central Elgin, the Municipality of Dutton-Dunwich, the Township of Malahide, the Township of Southwold and the Municipality of West Elgin, to review the existing radio paging and two-way communications systems shared among the Departments. The scope of the study was outlined in our proposal dated January 20, 2022. The primary focus of this effort is to confirm that the current situation is consistent with the norms established for Public Safety agencies with regard to the quality, stability and redundancy for radio communications. Furthermore, the Fire Departments are looking for recommendations to guide them regarding near and long term actions to ensure that effective mission critical communications are maintained and enhanced for years to come. Background KVA Communications was approached in early 2022 to consider undertaking this study. Given our background in the Land Mobile Radio Industry and a host of similar projects in the recent past including reviews for the Fire Departments of Perth County, Wellington County, York Region and Waterloo Region, not to mention Fire radio studies in the distant past for Middlesex County, Northumberland County, Victoria County and Lennox and Addington County, we gladly accepted the opportunity. Objectives The specific objectives of the study are:
• to review the existing Operations and Paging radio systems utilized by the municipal Fire Departments across the County,
• to ascertain the requirements for mission critical voice radio communications based on our experience and as expressed by operational personnel,
• to provide an assessment of the effectiveness of the current equipment and systems, including their strong and weak points,
• to identify any technical or other issues which require immediate remedial action,
• to provide a set of alternatives and recommendations as a road map to guide the member departments on upgrade and/or replacement strategies,
• to prepare a report which summarizes the findings of our study. Sources of Information The sources of information for this report include the following:
• a project “kick-off” meeting with the Fire Chief at their regular monthly meeting in Aylmer to discuss the scope of the study and other details,
• a meeting at the primary service provider, BearCom Canada (formerly Spectrum Communications), with their account and technical personnel, to determine the system operational and technical details,
• a meeting and site visit with each of the six Fire Chiefs,
• a site visit and discussions with the Tillsonburg Fire Chief and representatives from Five 9 Solutions, their service provider, regarding dispatch operations,
• site visits to three representative base radio sites – master and slaves – to view typical installations,
• review of relevant documentation, including the Industry, Science and Economic Development (ISED) Canada [formerly Industry Canada] Technical and Administrative (Radio) Frequency List (TAFL) website for radio licence technical information,
• radio equipment vendor specifications sheets, as obtained on-line,
• municipal and township websites for background information for each Fire Department.
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2.0 REVIEW OF THE EXISTING SYSTEM
2.1 Overview
The fire protection services throughout Elgin County are handled by the seven municipal Fire Departments, one for each of the seven municipalities within the County (not St. Thomas) with a total of fourteen Fire Stations serving a total population of over 51,000. In 2021, there were a total of 1737 call for service among the departments and this represented 30% of the total calls handled by the Tillsonburg Fire Dispatch Centre, which provides primary dispatching services for all departments. Six Fire Chiefs lead the Fire Departments with one Chief covering Southwold and West Elgin. There are various agreements in place for mutual aid support to Fire Departments and areas outside of the County, including in Norfolk County, Oxford County, Middlesex County and Chatham-Kent. Our study concentrates on the seven departments within Elgin County and on the radio infrastructure owned and operated by the Fire Departments.
2.2 Fire Department Operations and Equipment
Nine-One-One calls from areas serviced by the Fire Stations within Elgin County are initially answered by the Public Safety Answering Point (PSAP), Northern 9-1-1 in Sudbury and then routed, as necessary, to the Tillsonburg Fire Dispatch Centre, located at 80 Concession Street East, where the calls are answered by one of the Fire Dispatchers on duty. ANI/ALI information pertaining to the calls is also provided to the Dispatcher and the Computer Aided Dispatch (CAD) system which provides the specific instructions, called the Run Sheet, for that particular Department/Station. These Run Sheets have been developed, refined and updated by each user organization themselves, in conjunction with the Tillsonburg Fire Department. Among other elements displayed, there is an electronic map of the incident location provided for the Dispatcher. For ease of identification and accuracy, these maps are colour coded and scalable. It should be noted that the seven Fire Departments have adopted common Standard Operating Guidelines in order to provide appropriate responses to emergency incidents and to ensure effective communications among Fire Fighters, between Departments and with Fire Dispatch. Using the Run Sheet information provided, the Dispatcher would alert the volunteer Fire Fighters from the designated Fire Station by activating the appropriate console module. This action would cause a specific two-tone audio signal to be broadcast from the VHF simulcast paging system, whose transmitters are located at seven strategically located sites around the County (not including the Oneida Water Tower). The Dispatcher would then broadcast the details of the call by voice. This sequence is repeated approximately one minute after the initial page with tones and voice being broadcast a second time throughout the County. All of the radio pagers worn by volunteer Fire Fighters that are within range of the broadcast would receive the signals, but only the pagers of the designated Fire Station personnel would respond and enable their unit’s speaker to allow the Dispatcher’s voice message to be heard. There are typically about 20 volunteer Fire Fighters per Fire Station and each would be provided with a radio pager –the majority of units are understood to be Motorola Minitor V and VI, although other models including some Swissphone and Unication pagers are used. The primary requirement is for a rugged and reliable unit, operating at the paging frequency of 151.970 MHz. In addition to the VHF paging channel, there is a mechanism in place to convey alerts to volunteers’ “smartphones” via the Internet and cellular telephone using the “SINIRJI”, “IamResponding”, or “Who’s Responding” applications. These also provide data to some of the Fire Halls where the information is displayed on large TV screens.
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Anecdotal information indicates that sometimes these alerts are received prior to the actual VHF paging signal.
In virtually every case, the volunteers would respond to their Fire Station and typically, the first one to arrive would call back to the Fire Dispatcher in Tillsonburg to acknowledge details of the call for service. This return call would be made on the Elgin OPS 1 channel via the Fire Hall base radio unit. The local Fire Chief may also respond on his mobile or portable radio. Once the Dispatcher receives the call from the responding unit, they will repeat this message on the paging channel, so that volunteers still enroute would be aware of the unfolding events. All radio communications for the enroute units and personnel would continue via Elgin OPS 1 until their arrival at the incident location and the Incident Command is established. Once that happens, the Dispatcher would assign one of the three Elgin TAC channels for fireground operations. All Fire Fighters arriving to the scene would be advised of the Elgin TAC channel which would be used for that incident. The on-scene Fire crew would continue their operations on their assigned Elgin TAC channel with all voice radio traffic being recorded in Tillsonburg. A second Elgin TAC channel may be requested for the same incident to alleviate excess radio comms on the primary channel for activities such as water supply and equipment staging. In some cases, depending on the distances or terrain involved, these secondary communications may be conducted on the Elgin OPS 2 channel. The Incident Commander may be instructed to, or they may initiate a request to, switch to the Elgin OPS 2 channel. The main purpose of this switch would be to make Elgin OPS 1 clear, should another incident arise during the original call. The Incident Commander would monitor both the Elgin OPS 1 (or 2) and the assigned Elgin TAC channel with his portable and truck radios (some of these are equipped with a Bluetooth or Wi-Fi wireless remote microphone) or with two portable radios. Like the paging channel, Elgin OPS 1 and 2 are VHF simulcast from eight sites (now including the Oneida Water Tower); however, they utilize repeater channels, so they are two-way, with separate transmit and receive frequencies. The Elgin TAC 1, 2, 3 channels are direct or simplex; that is, they use the same VHF frequency for both transmit and receive modes of operation. Unlike the OPS channels, which provide wide-are coverage, the TAC channels are local, primarily because of the use of portable radios; however, since there are base receivers located at all eight repeater sites, these local transmissions are by and large extended back to the Tillsonburg Comm Centre where they are recorded for future reference, as necessary. Regarding interoperability with outside agencies, the Fire Departments have some alternatives. Within Elgin County, the first eight channels for all radios are programmed identically, so that communications may proceed easily. Outside of the County, depending on the location, the Departments may interoperate with units from Norfolk County, Oxford County, Tillsonburg, Middlesex County, St. Thomas, Chatham-Kent and the Oneida First Nation. All of these utilize VHF, so the channels maybe programmed, assuming sufficient space is available in the specific radio units. The Ontario Fire Marshal (OFM) channel may also be used for direct interoperability among radios from different Fire Departments. As a last resort, a more practical solution may be to swap portable radios for the duration of the specific Mutual Aid activities. All radios in Elgin County have a VHF Canadian Coast Guard frequency programmed for water rescue operations, as needed. For other outside agencies, for example, Police and Public Works, initial contact would be facilitated through Dispatch and on-scene communications would be done face-to-face.
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Each Fire Department has a similar complement of radio equipment which include a Fire Hall base complete with a paging encoder, Fire Truck mobile radios, with the Incident Command vehicle sometimes having two radios, portable radios and pagers for the volunteer Fire Fighters.
The majority of radio units are from Motorola, although it understood that some Kenwood radios
are in use. Pagers are manufactured by Motorola, Swissphone and Unication and some portable radios are equipped with a voice annunciator function, so that the user does not need to see the front panel in order to confirm which channel is being selected. The user radio equipment repairs are done by BearCom Canada or Five 9 Solutions on an “as required” basis.
For privacy and to keep the County radio channels clear for mission critical communications, it is
understood that administrative and other non-emergency calls would be conveyed by cell phones.
2.3 Radio Infrastructure
Refer to Appendix A, Block Diagrams, for a schematic representation of the paging and
operations radio communications infrastructure. The radio infrastructure is located at ten (eleven, if you count the Tillsonburg Comm Centre) sites strategically situated around Elgin County and a bit beyond. These sites are as follows: • the tower on John Wise Line at Imperial Road (master site)
• Straffordville: at the FS Partners Feed Mill, Jackson Line & Plank Road
• the Belmont Water Tower
• the Ford Water Tower
• the Oneida Water Tower
• the Port Stanley Water Tower (back up master site)
• the Wallacetown Water Tower
• the Rodney Water Tower
• the AGRIS Co-operative Feed Mill in Dutton
• the town reservoir site in Tillsonburg
Among other reasons, these sites have been selected due to the heights of their existing structures
– ranging from 120’ to 220’ above ground level – allowing the primary VHF broadband antennas
to be placed at the top for maximum coverage.
We first consider the John Wise Line site, which is designated the “Master” for the paging and OPS transmitter systems. The remaining infrastructure sites utilize similar equipment, with the Port Stanley site designated as the back up Master. Should any failure at the John Wise site cause its functioning to stop, the control system automatically switches over to Port Stanley until the
failure(s) are rectified.
The VHF ANTENNA MULTICOUPLER , designed and built by Sinclair Technologies, is used
to combine the various transmit and receive frequencies at the site onto a single wideband Sinclair
SD214 (four bay dipole) ANTENNA. The multicoupler consists of a number of tuned cavities (aluminum “cans”) which are specifically and precisely set up to pass certain frequencies and to block others. It allows for the simultaneous transmission and reception of VHF radio signals (full
duplex) at the site.
At some sites, there are SD212 (two bay dipole) antennas and there are other, non-Fire
Department base radios connected to the same antenna. It is assumed the any actual or potential interference conditions were rectified during the original installation in 2014.
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The frequencies used are:
CHANNEL BASE TRANSMIT BASE RECEIVE
PAGING 151.970 MHz ---
OPS 1/2 Transmitter 164.910 MHz ---
OPS 1/2 Receiver --- 168.555 MHz
TAC 1 --- 171.420 MHz
TAC 2 --- 165.555 MHz
TAC 3 --- 163.830 MHz
The entire radio system operates as an IP (Internet Protocol) data network, with virtually all active elements having an IP address. Although the Paging channel and the three TAC channels end up being in analog mode, these are converted to digital streams, so that along with the two OPS
channel signals, all voice information is being processed as data.
The OPS channels operate in digital mode per the DMR Tier 2 Standard in what is known as two slot TDMA (Time Division Multiple Access). The radio channel which is 12½ KHz wide is divided into time slots, with slots 1, 3, 5, 7, … assigned to OPS 1 and slots 2, 4, 6, 8, … assigned to OPS 2. The analog voice audio from the Dispatcher’s microphone is converted into a stream of data packets by means of a device called a Vocoder and transmitted over the air. The receiver
reconstitutes these packets back into analog mode as heard in the radio speaker. To ensure correct receipt, the data stream contains redundant bits to help overcome the inevitable fades in signal that occur at VHF. At the limits of coverage, there are too many data errors to be corrected and the audio falls apart.
All of the VHF base radio equipment is manufactured by Radio Activity SRL from Milan, Italy.
The ROUTER, made by MicroTik of Markham, is used to distribute the various data packets to/from the respective radios over the 4.9 GHz ANTENNAS / MICROWAVE system, manufactured by Ubiquiti Networks of New York, for pick up from, and delivery to, the Tillsonburg consoles. Unlike in the past, microwave antennas and RF units are now supplied as integrated pairs, with power and data being the only connections to the equipment in the shelter
below.
To facilitate wide area coverage, the OPS channels take the audio received at one or more sites and distributes it to all sites for re-broadcast. The mechanism for this includes the use of receiver voting – now primarily achieved the use of software rather that a physical piece of equipment. This voting process analyzes the quality of signals conveyed from each remote site and selects the best quality for re-transmission. The TAC signals received at each site are also analyzed so that
the best is chosen to be recorded at Tillsonburg. The direct connection from the consoles ensures that Dispatcher priority is normally in effect; that is, the Dispatcher may pre-empt a call in progress between field radios, should the need arise.
Being simulcast systems, the paging and OPS transmissions must be carefully controlled to make sure that mutual interference between sites does not occur. (You may be aware of what happens when two radios are keyed up on the same channel at the same time – generally speaking, both
transmissions are garbled, due to heterodyning.) To ensure successful simulcasting, the transmit frequencies, modulation levels and “launch” times at each site must be precisely established and controlled.
Now-a-days, the most practical way to control base transmit and receive frequencies sufficiently precisely is by means of GPS RECEIVERS. A “normal” base FM transmitter, such as ones used
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for non-simulcast VHF systems, must maintain an accuracy and frequency stability to within about one part per million (±1 ppm). A simulcast transmitter requires stability to about one part per billion (±1 ppb). This is orders of magnitude more stringent and requires the use of an external frequency source. The GPS system of global satellites generates extremely precise time signals which provides the needed accuracy. To make sure the connections to/from each site are controlled, stable and interference free, microwave links in the 4.9 GHz band reserved for Public Safety have been established. High gain, directional dish antennas, aimed at the remote sites, focus the radio waves to ensure reliable connections, not prone to fading due to weather or other environmental factors. Since the distance between the Rodney Water Tower and the Oneida Water Tower is too great to allow a dependable link, an intermediary “hop” site was established in Dutton. As shown in Figure 5, the microwave system is configured as a RING (actually two rings). This arrangement increases significantly the overall reliability of signal distribution. Should a single link be lost due to equipment failure or an atmospheric fade, the flow of data would automatically reverse and the system would return to complete functionality. Within this set up, there is only one single point of failure and that is the link between the Tillsonburg reservoir site and the Comm Centre; however, it is understood that there are currently plans to expand this connection into a ring between the reservoir, Comm Centre and the backup Comm Centre facility. All of the radio and control equipment at each site operates from a UPS (Uninterruptable Power Supply) unit, made by Alpha Technologies of Burnaby, BC, which is powered by eight (8) batteries, each with a capacity of 100 Amp Hours. While it is unclear exactly how long this power system could maintain operations should the primary AC power fail, it would certainly be well in excess of 8 hours, the norm for most Public Safety radio systems. All site equipment and cabinets are connected to ground and each antenna cable has a grounded Polyphaser protection device to minimize damage from lightning strikes to the tower. BearCom has set up its monitoring system for remote access to status and “health” data for each site and all of the radio units (but not the paging power amplifiers used at some sites). This provides alarm information to their service personnel should performance parameters fall below prescribed thresholds, allowing quick deployment for repairs. The remote monitoring system includes alarms for loss of primary AC power and in some cases, high and low temperature alarms should the controls at the site fail to regulate the ambient environment. 2.4 Communications Centre Equipment The primary access points to the paging and radio systems in Elgin County are two Avtec IP Consoles located at the Tillsonburg Comm Centre. (It is understood that there is an expansion program in place with a plan to have four active consoles. To date, this expansion may have already been completed.) The path for the radio signals is via the Tillsonburg Reservoir site and through a number of router, gateway, and server units for the OPS and Tac channels. The Paging gateway unit is located at the Reservoir. The gateways are manufactured by Avtec and Radio Activity. During active calls, the dispatcher monitors both Elgin OPS channels which are recorded using the centre’s Komutel logging recorder. The TAC channel audio is received and recorded for future reference; however, it is not readily available to the dispatchers in real time and therefore not typically monitored. The OPS channels are the primary means for the Incident Commander to call for additional support. When the Dispatcher actives the paging function, to ensure that the correct tone code was actually broadcast on the system, there is an annunciator panel available which by a series of lights provides a positive visual confirmation. (This panel is critical when Tillsonburg is alerting a remote Department such as Fort Erie.)
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As a backup mechanism, should the primary links fail, the Dispatcher has a base radio at their disposal on the Elgin OPS channels to access the system directly.
Furthermore, if the Comm Centre itself were to be evacuated, the Dispatchers would move to the Tillsonburg Customer Service Centre (CSC) which is in a geographically separate location. At the CSC, there is an identical Avtec Console which is connected by means of a fibre optic cable and it can be configured to have the same “look and feel” of the primary consoles. Also, if there is need for additional dispatching resources during a surge in activity, this console may be utilized. The CSC location is also equipped with a base radio unit and access to the paging gateway at the Reservoir.
3.0 ASSESSMENT
3.1 Effective Radio Communications Effective two-way voice radio communications are a necessary part of the “mission critical” operational requirements for municipal Fire Fighters when dealing with the routine and emergent
situations which they can face on any given day. In order to be effective, all six of the following basic requirements must be satisfied.
The two-way voice radio communications system must:
i) have adequate coverage,
ii) have sufficient capacity,
iii) provide the required functionality,
iv) deliver reliable operation,
vi) be compliant with Industry (ISED) Canada regulations, and,
v) be cost effective. Coverage is the unique requirement for radio systems; without coverage, there is no radio system. To be effective, radio coverage must encompass, in a reliable manner, the areas and modes of operation which municipal personnel utilize on a daily basis. Excellent radio coverage throughout the required areas would be useless, if the radio communications
were to be disrupted and Fire Fighters could not gain access to their co-workers, supervisors or dispatchers within a reasonable length of time, especially during critical life and death situations that can occur during fire suppression activities. The radio system must satisfy the functional and operational requirements of the end users, including the need for interoperability among user groups, as and when needed.
Operational reliability is a critical aspect to overall radio system effectiveness. Down time must be
minimized and a robust system configuration is required with adequate redundancy of equipment and
components throughout the radio infrastructure. Back up power is needed at all radio and control sites to ensure continued operation without the main AC power feed. Any failures causing a complete system shut down would be unacceptable. Work around equipment, plans and procedures must be set up to ensure that radio communications continue at all times with perhaps reduced performance levels. Users should be fully trained and comfortable with back up procedures and to understand the limitations of all failure-mode operations. An effective maintenance and repair program should be in place to ensure that the inevitable equipment failures are rectified quickly. The remote monitoring of equipment status, in order to
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ensure timely equipment repair, is an important aspect of system reliability. There should be plans in place to periodically update and/or replace obsolete equipment and sub-systems. The radio systems must comply with all ISED Canada technical regulations including the Redeployment Plan for Land Mobile Radio equipment operating within the frequency range of 100 - 500 MHz. Furthermore, if there were to be a need for additional radio channels, user agencies should be aware of the justification process utilized by Industry Canada. The radio systems and ancillaries should be cost effective for the respective agencies to own and operate.
3.2 Analysis of the Current Systems
How well does the radio system currently in place satisfy the operational needs of the municipal Fire Departments in Elgin County ?
Coverage Refer to Appendix B for a set of coverage maps generated using the available technical information for the eight base paging/repeater sites. There is a plot for each site individually and
three with (i) all sites together, (ii) all sites except Oneida representing paging coverage, and (iii)
all sites except the Ford Water Tower, representing coverage for the TAC 1 channel.
Paging is, of course, one-way from the base transmitter to the pagers and the TAC channel is also one-way from the user equipment back to the base receivers. The OPS channels are two-way, the so-called “talkout” and “talkback” paths. In our analysis, based on the various technical parameters understood to be in place – things such as transmitter RF power output, cable and
multicoupler losses, antenna heights, etc. – the coverage is approximately the same for talkout to
portable radios and pagers and for talkback. Hence, only one coverage plot is shown.
These coverage predictions are based on the expected coverage for portable radios at chest level as used by Fire Fighters outdoors at an incident. The parameters include an expectation of Circuit Merit (CM) or Delivered Audio Quality (DAQ) for digital calls of at least 3.4 (on a scale of 1 to 5) and the zones in red show the extent of an Area Reliability figure of 95%. This means that in those areas, of 100 points taken at random, at least 95 would be expected to have good coverage.
Acceptable coverage for portable radios may extend beyond the red zones; however, the reliability
level would fall below 95%. Note: There are no specific “standards” established for Public Safety agencies in Canada with to regard to radio coverage. One hundred percent area reliability is not achievable in practical terms.
However, within the Land Mobile Radio Industry, there is a document, TSB-88, published by Telecommunications Industry Association (TIA), which sets out the methods to predict and test for radio coverage over wide areas. This may be considered by some to be the “de facto” standard.
In our view, this document presents many useful ideas; however, it is largely a product of the major suppliers in the sector and thus masks their vested interests. It is interesting to note, that TSB-88 originally recommended an area reliability figure of 95% for Public Safety agencies. Subsequent revisions increased this to 97%, but the latest version reduced the level back to 95%. From Figure 14, there appears to be a coverage hole in the middle of Southwold. This is likely not
the case, due to a phenomenon that is termed “Voter Advantage” for base receivers (and its
equivalent for simulcast transmitters) in areas of overlap from two or more sites. The rationale goes like this: In an area with 77% coverage reliability from two sites, of 100 points chosen at
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random, 77 would be covered by site a and 23 would not be covered. Of those 23 points, 18 would be covered by site b and there would be only 5 points without coverage. Hence, a 95% area coverage is achieved. With three or four sites providing some amount of the coverage, the
required reliability from each is far less. Fifty percent coverage from each of four sites should
provide more than 97% area reliability.
After the recent failures of base receiver units due water damage which necessitated a re-jigging of the TAC receivers, it was decided to eliminate the TAC 1 unit from the Ford Water Tower. While it would have been far better to install a spare unit, the choice made is probably having the least impact on day-to-day operations, as that tower has four sites surrounding it. With voter
advantage coming into play in that blank area, reliable coverage is likely quite good. Refer to
Figure 16.
However, this voter/simulcast advantage does not improve reliability in areas where only one site provides coverage.
It can be seen from the coverage maps, that highly reliable coverage to and from portable radios and to pagers is not achieved throughout the County. As indicated by the Fire Chiefs, the main areas where portable coverage is deficient is along the shoreline of Lake Erie in beach areas, in the
north-west area of West Elgin and northern parts of Malahide and Bayham – near Avon,
Springfield and along Highway 3 going to Tillsonburg. This is consistent with the predicted coverage shown in Figure 14.
Since a paging transmitter is not installed at the Oneida Water Tower, the expected reliable coverage is shown in Figure 15. It is not certain why there were no complaints of poor paging coverage in the upper end of Southwold; however, it may be that the three surrounding sites,
Wallacetown, Port Stanley and Ford, compensate for the deficiency. It is understood that there is a
high power RF amplifier used at the Ford site, which may partially explain the extra coverage.
Also perhaps, in this area is where volunteers have the Internet app on their smartphones and they may be getting their alerts before their pagers go off.
Capacity
With the current complement of two operational channels and three tactical channels, there seems to be more than ample capacity in the radio system to handle day-to-day operations, which on average, would be less than a few calls per week for the typical Fire Station. No Fire Chief
complained of a lack of system capacity.
The primary issue is how does the system handle a surge of calls, during for example, wide-area
storm situations ? Calls may be divided among the two OPS and three TAC channels and if the incident locations are sufficiently separated geographically, one TAC channel may be able to be shared without mutual interference. The Dispatchers would control channel access and inform Incident Commanders of such sharing arrangements.
Functionality
The paging and radio communications infrastructure provides for the alerting/dispatching of
volunteer Fire Fighters throughout the County and mission critical voice communications for
tactical on-scene operations. As indicated by the Fire Chiefs, no other functionality is required, although there may be a need to program additional channels is a few cases to allow for improved interoperability outside of the County.
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Furthermore the radio infrastructure, with the three TAC receivers distributed around the County, provides the means to record at the Tillsonburg Comm Centre virtually all of the incident radio comms conveyed on these simplex frequencies.
In addition to all of the console and ancillary support equipment at Tillsonburg, the Dispatchers
have a paging annunciator panel which provides a positive acknowledgement that an alert has
actually been broadcast correctly. This provides assurance that some catastrophic equipment failure hasn’t occurred to prevent the signals from being transmitted.
Reliability
The paging and voice radio communications systems are well designed with inherent reliability. The multiple site configuration ensures that, generally speaking, single point equipment failures would not cause a complete shutdown. For example, if a single radio unit fails, the ones at the
other sites would still be available as normal.
If an entire site is lost, then the other seven (or six for paging) sites would still provide
communications, albeit with somewhat reduced coverage for portables – depending on which site failed. Mobile coverage should still be more than adequate.
If the Master site (at the John Wise Line tower) were to fail, the Port Stanley Water Tower site would automatically be designated the new Master, and operations would continue. Because of the microwave linking ring configuration, a single link failure should not disrupt communications.
All radio units at each site are powered from a UPS complete with eight 100 Amp-Hour battery
units and primary site AC power is monitored remotely. The John Wise Line site shelter seems to
have an exterior connection for a transportable generator for extended periods of no primary power. It is assumed that the other sites could be powered in a similar manner, if necessary.
Other specific equipment failures would have varying degrees of impact on the systems. Hence it is important that the remote monitoring system in place at BearCom is available to alert and dispatch their technicians immediately upon a failure, so they may expedite repairs and bring the
system back to full functionality. It is understood that at some sites, the paging power amplifier
units are not monitored, so it is critical for users to report on any paging anomalies they experience. On the other hand, due to the simulcast configuration, a failure of one of these power amplifiers may not be immediately obvious to the volunteers. Another key element affecting the overall availability of a Public Safety radio network are its backup units. There must be several levels of backup. For example, if a console fails, there are at
least two (and soon more) identical consoles which can take over. If all consoles were to fail,
there are access base radios available to the Dispatcher to maintain communications. If there were to be major outages affecting several base radio sites, each Fire Hall is equipped with a base radio complete with a paging encoder to allow continued contact with deployed Fire Fighters and the Comm Centre.
While we did not visit all of the base radio infrastructure locations, we did view three
representative sites – the Belmont Water Tower, the Ford Water Tower and the John Wise Line
Tower. It is understood that the Ford Tower may be slated for removal and so a substitute site would need to be developed, in that eventuality. The John Wise Line site seems to be rather old (a former cable TV site ?) with a dated, but functional equipment shelter.
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Industry (ISED) Canada Compliance
The equipment conforms to all technical requirements mandated by Industry Canada, except that the analog channels operate in 12½ KHz mode, which makes them technically “non-standard” as of January 1, 2010, to Phase 2 of the Redeployment Plan (RDP 100-500 MHz). Unless and until
the federal government formally requires a move to narrow-band (6¼ KHz) operation (with a
minimum of two years’ notice) the Fire Department need not make changes. In light of the current spectrum situation in the VHF band, this is highly unlikely.
Cost Effectiveness
It is understood that the system and equipment is cost-effective for the municipal Fire Departments to operate, although there were concerns raised about the relative high cost of dispatching services and the increasing costs of radio equipment repair.
3.2 Conclusions
Prior to KVA Communications taking on this assignment in Elgin County, we had certain pre-
conceived notions of what to expect for rural Fire Department paging and voice radio
communications – these, based on our experience over many years. To say the least, we were pleasantly surprised by what we found here.
Like many things, a well-designed and functional radio system should be transparent to the end users. They can “take it for granted” and thus Fire Fighters can focus on the critical tasks at hand and not have to worry about the technical details of the radio system.
There are many very good elements about the system, but, it is not perfect – no system ever is.
The fact that all of the Fire Departments have developed and agreed upon a common set of radio
operating procedures is a good thing and it certainly helps to utilize the radio system efficiently.
Having Tillsonburg Comm Centre provide professional Dispatcher support throughout the entire
call and then providing an Incident Report in a timely manner, with time stamped markers for all significant elements, also helps on-scene personnel to focus on their required tasks. Various systems, such as the Paging Annunciator panel, assist Dispatchers in their efforts to expedite the call processes. Furthermore, with additional resources and backup systems readily available, the
Comm Centre can handle surges in call volumes and potential equipment failures.
Many other rural Fire Departments struggle to solve the problem of how to record on-scene radio
communications when operating via direct, simplex channels; that is, off the network. Some try less effective methods such as mobile recording units in a Fire truck or in their local Fire Hall. However, the idea of providing TAC receivers at every base site is an elegant solution and often not implemented due to cost factors. Yet you have it here. It is understood that the radio system has been very reliable over the past eight or so years, with
recent outages caused externally by water damage, rather than by internal equipment or
component failures. Having 24/7 monitoring of equipment and site “health” means that the inevitable failures can be dealt with quickly. The on-going Preventative Maintenance program is key to keeping the system fully functional.
If anyone needed further evidence that relying on an Internet provided application for mission-
critical / emergency communications is not a good thing, then the nation-wide outage of Rogers on Friday July 8. 2022 is ample proof. Having a completely independent paging and voice radio
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communications system is essential. The “smartphone” applications which can enhance the alerting process have their place, but they are not, repeat not, a substitute. There may be an interesting dilemma shaping up in the telecommunications Industry in Canada as Public Safety users look to adopt broadband network operations, as is being done in the US. There
the “FirstNet” system is being implemented by AT&T on its commercial LTE network with
priority and pre-emption features for First Responders who operate on the network. In Canada, it would likely be one of the large, nation-wide carriers who would be the only entity capable of implementing such a network. There would have to be “iron-clad” guarantees that wide-area outages simply never occur. Thankfully, for rural Fire Departments use of such broadband
networks for anything but secondary communications, is likely only in the distant future.
4.0 ALTERNATIVES This section of the report provides some details as to what the municipal Fire Departments could do to improve areas of deficiency in the radio system. It should be noted that there were no issues
found which necessitate immediate remedial action.
Coverage
Shorelines
The biggest complaint regarding radio coverage was the shadowing of OPS channel signals at the beach shorelines of Lake Erie, especially near the towns of Port Burwell, Port Bruce, Port Stanley and Port Glasgow.
One possible solution would be to implement a true vehicular repeater in at least one vehicle per station in areas where these deficiencies are experienced. Unlike the current microphone extenders, these VR units would receive the TAC channel and re-broadcast it on one of the OPS
channels (and vice versa). The problem is that users have indicated that this VR unit would need to be parked at the top of the bluffs in order to have coverage to the OPS channel. This would be a similar situation as to what is done currently in order to maintain communications with Dispatch: a vehicle and operator are left on top to relay messages. It seems a VR unit would not be practically different as the vehicle would still require a Fire Fighter to remain with it.
Alternatively, if a “fixed” VR unit were to be strategically located on the top of the bluff and have
the capability to be remotely activated and disabled (say, by using DTMF tones generated by a portable radio), then once a team finds itself without OPS coverage, that unit would be enabled to automatically relay messages. It would not be necessary to implement a tall tower for the antenna, since vehicular mounted antennas are sufficient given the right location. It is estimated that such a device would cost between $10,000 to $15,000, assuming suitable locations (one for each beach
area) could be secured at little or no expense – for example, on a local utility pole.
Other Areas
There are several other areas in the County where spotty coverage was reported. If these are areas
where coverage for mobile radios is also poor, then there would be little recourse than to add new base repeater sites – one in the east and one in the west. At some $100,000 per site, this approach would not seem to be cost effective. On the other hand, if these are areas where wide area portable coverage is required, then a wireless microphone or full vehicular repeater option should suffice to allow the Incident
Commander to monitor both OPS and TAC when away from their vehicle.
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Capacity
The system capacity is fine and no action is needed.
Functionality
Operational functionality is fine and no action is needed.
Reliability
While the systems have been quite reliable over the years since implementation, there is the potential for increasing failures, especially for two elements. As put forward recently by BearCom, they have proposed to replace all of the TAC 1 base receivers with the latest, KAIROS
product line from Radio Activity SRL, at some $75,000 plus.
Also, due to past “intermittent” disruptions with operations, BearCom is proposing that the entire
microwave linking system be replaced. Here, there are two alternatives presented – units from Ubiquiti Networks at about $90,000 and units from Cambium for just over $150,000.
ISED Canada Compliance
There are currently no issues with regard to ISED Canada compliance and no action is needed, unless and until there is a mandatory requirement to comply completely with the Redeployment Plan, a highly unlikely prospect.
Cost Effectiveness
It is understood that the current infrastructure and user equipment represents cost effective
solutions for the Fire Departments. However, the Departments may wish consider other providers
of dispatching and maintenance/repair services. They are cautioned to ensure that they are making “apples-to-apples” comparisons, especially with regard to service levels during surge or major failure scenarios.
5.0 RECOMMENDATIONS With regard to the paging and voice radio communications systems used by the municipal Fire departments of Elgin County, the following suggestions and recommendations are made by KVA Communications Inc. Grounding During our visit to the John Wise Line tower site, it was noticed that perhaps the shelter grounding was not entirely adequate. Good equipment grounding is essential as a protection mechanism, should the tower be struck by lightning. It is recommended that the site grounding be explicitly measured at the next PM inspection to ensure compliance with Industry norms such as the Motorola R56 or Harris AE/LZT 123 4618/1 specs. The grounding at other sites may also need to be verified. Planned Obsolescence Regarding the introduction by radio vendors of new products – portable radios in particular – which have redesigned accessories, such as batteries, chargers and microphones, there is no easy answer. It can create major logistics challenges for a Fire Department and can even impact operational efficiency. When a wholesale changeout of radios is out of the question, the only solution may be to try and source compatible after-market accessories, and eventually used radios.
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It is frustrating when, in the name of progress, major suppliers put profits ahead of serving their long standing customer groups. Spare Parts While it is certainly not the ideal situation for any Public Safety agency to be short of spare parts, it may not be the dire condition suggested, not having spare components for the RA units. The radios have generally been reliable and external factors were to blame for the recent failures. Another failure at this point, should not be catastrophic, as the system could be re-jigged as had been done to TAC1 to minimize the overall impact. The multiple site configuration of the system allows for a high degree of flexibility and reliability. Radio Activity themselves have stated that “as far as our old RA-160 base station[s], we still guarantee repairs” and that they would explore other possibilities to provide their best support. Also, it is understood, that by law, suppliers of infrastructure electronics equipment must provide spare parts at reasonable cost for up to seven years after a product is discontinued from manufacture (2020 for the case of the RA-xx product line). Towers There was a question raised as to whether the Fire Departments should consider erecting their own radio towers in order to (i) reduce the site rental being paid to the existing tower owners, and (ii) generate revenue from other agencies, such as cellular providers. While it is true than in recent years, there has generally been an increase in tower access fees – primarily due to the CRTC’s mandate that cell providers allow access by competitors to their towers – it is unlikely this is an avenue for the departments to consider. [Gone are the days, when the cellular carriers would provide access to their towers and equipment shelters to local Fire Departments at no charge, in order to be seen as “good corporate citizens”.] In addition to the costs of the actual tower, foundations and installation, there are issues related to finding the right location, land acquisition, building and zoning approvals, dealing with local protesters and maintenance. Currently five of the ten sites used for the system are water towers owned by member municipalities. If the rental for these sites are considered excessive, then the Departments themselves need to convince their councils to make reductions. Dispatching Services The dispatching services from Tillsonburg Fire was universally praised as being “top notch” by the Fire Chiefs. From our perspective, what we saw there was untypical and very impressive when compared with what most rural Fire Departments have to put up with. Tillsonburg is well equipped to handle day-to-day operations with a professional, well trained staff. They are forward thinking and proactive in their planning and execution of expanded facilities and are well able to deal with the inevitable “storm surges”. They comply with the latest NFPA 1061 requirements and are planning for Next Gen 9-1-1 upgrades. It is unlikely that the Fire Departments of Elgin County would be able to find a better level of service from any other facility; however, it would be up to each Department to decide whether it is too costly. It is assumed that a less expensive service would not be up to the same level as Tillsonburg. How much less would still be acceptable ? Maintenance and Repair There are indications that over time, Spectrum/BearCom has become more expensive and less responsive to the needs of the Fire Departments. While BearCom has the knowledge and experience of servicing the radio infrastructure since its installation, there are other service providers available who could also get the job done. It would be up to each Department to determine the best fit for themselves.
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
15
The Future In our view, over the next five-to-ten years, there will not be any new technology emerging to supplant the radio system that exists today. There is no need for a P25 solution and broadband may have potential as an adjunct, but never as the primary means for mission-critical communications in Elgin County. Also, now is not the time for system replacement – certainly not a wholesale or “forklift” replacement. The system and equipment has been reliable and should continue to be so. But, of course, the Departments should keep aware of any developing and troubling trends with the system and take action as needed. Also, no specific “upgrades” are necessary for the system. If not already doing so, each Department should be putting aside funds in anticipation for the recommended future “replacement-in-kind” solution. No vendor should be given any specific advantage. If, for example, the TAC1 channel equipment were to be replaced at this time with the proposed KAIROS units, there might be less flexibility to choose freely a vendor or equipment when the time comes for replacement. A similar argument can be made for BearCom’s proposed replacement of the microwave linking system equipment. The intermittent problems cited may be due to any number of factors including atmospheric conditions. The ring configuration is designed to mitigate those factors, so a replacement at this time is not warranted, in our view, unless there were to be major and consistent equipment failures. Doing a piece-meal change out might seem to be a way to stretch out the costs; however, the overall benefits to such a plan should be taken into consideration. BearCom themselves stated that the advantage to a “forklift” replacement was having all equipment with the same warranty, rather than a patchwork set. A replacement-in-kind solution would cost in the neighbourhood of $1,000,000. Therefore, each Department should budget at least $30,000 per year, over and above their current expenditures, for their System Replacement Fund in order to reach that goal in five years. Hopefully no extraordinary outlay of funds would eat into these reserves.
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
APPENDIX A
RADIO SYSTEMS BLOCK DIAGRAMS
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
APPENDIX B
RADIO COVERAGE MAPS
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
KVA Communications Inc. Elgin County Fire Paging and Radio Comms Systems Study
Attachment 1 – Current Agreement
TIER
TYPE OF CALL
If EMS RESPONSE
GREATER
THAN
CODE PRIORITY
1 NO Abdominal Pain 0 Minutes Select Code
2 NO Allergy Reaction 0 Minutes Select Code
3 NO Back Pain 0 Minutes Select Code
4 NO Behavioral Problems 0 Minutes Select Code
5 NO Bleeding (Non-Traumatic) 0 Minutes Select Code
6 NO Bleeding in Pregnancy 0 Minutes Select Code
7 YES Breathing Problems 10 Minutes Code 4
8 NO Burns 0 Minutes Select Code
9 YES Cardiac Arrest/ VSA 0 Minutes Code 4
10 NO Chest Pain / Heart Problem 0 Minutes Select Code
11 NO Child Birth / Labour 0 Minutes Select Code
12 YES Choking 10 Minutes Code 4
13 NO Convulsions/Seizure 0 Minutes Select Code
14 NO Diabetic Problem 0 Minutes Select Code
15 NO Electrocution 0 Minutes Select Code
16 NO Environmental Exposure - Heat 0 Minutes Select Code
17 NO Environmental Exposure - Cold 0 Minutes Select Code
18 NO Eye Problems 0 Minutes Select Code
19 NO Falls 0 Minutes Select Code
20 NO Generally Unwell 0 Minutes Select Code
21 NO Headache 0 Minutes Select Code
22 NO Inhalation 0 Minutes Select Code
23 YES MVC - Enclosed Seating 0 Minutes Code 4
24 YES MVC - Exposed Seating 0 Minutes Code 4
Attachment 1 – Current Agreement
25 NO MVC - Person Struck 0 Minutes Select Code
26 YES MVC - Unknown Details 0 Minutes Code 4
27 NO Near Drowning 0 Minutes Select Code
28 NO Overdose 0 Minutes Select Code
29 NO Stroke/ CVA 0 Minutes Select Code
30 NO Trauma (Blunt)/ Assault 0 Minutes Select Code
31 NO Trauma (Penetrating)/ Wound 0 Minutes Select Code
32 YES Unconscious /Decreased
Consciousness
0 Minutes Code 4
33 YES Unknown 10 Minutes Code 4
Attachment 2 - Proposed Response
TIER
TYPE OF CALL
If EMS RESPONSE
GREATER
THAN
CODE
PRIORITY
1 NO Abdominal Pain 0 Minutes Select Code
2 YES Allergy Reaction 15 Minutes Code 4
3 NO Back Pain 0 Minutes Select Code
4 NO Behavioral Problems 0 Minutes Select Code
5 NO Bleeding (Non-Traumatic) 0 Minutes Select Code
6 NO Bleeding in Pregnancy 0 Minutes Select Code
7 YES Breathing Problems 15 Minutes Code 4
8 YES Burns 15 Minutes Code 4
9 YES Cardiac Arrest/ VSA 0 Minutes Code 4
10 YES Chest Pain / Heart Problem 0 Minutes Code 4
11 YES Child Birth / Labour 25 Minutes Select Code
12 YES Choking 0 Minutes Code 4
13 YES Convulsions/Seizure 25 Minutes Select Code
14 YES Diabetic Problem 20 Minutes Code 4
15 YES Electrocution 0 Minutes Code 4
16 YES Environmental Exposure - Heat 25 Minutes Code 4
17 YES Environmental Exposure - Cold 25 Minutes Code 4
18 NO Eye Problems 0 Minutes Select Code
19 YES Falls 25 Minutes Select Code
20 NO Generally Unwell 0 Minutes Select Code
21 NO Headache 0 Minutes Select Code
22 YES Inhalation 0 Minutes Code 4
23 YES MVC - Enclosed Seating 0 Minutes Code 4
24 YES MVC - Exposed Seating 0 Minutes Code 4
Attachment 2 - Proposed Response
25 YES MVC - Person Struck 0 Minutes Code 4
26 YES MVC - Unknown Details 0 Minutes Code 4
27 YES Near Drowning 0 Minutes Code 4
28 NO Overdose 0 Minutes Code 4
29 YES Stroke/ CVA 15 Minutes Code 4
30 YES Trauma (Blunt)/ Assault 0 Minutes Code 4
31 YES Trauma (Penetrating)/ Wound 0 Minutes Code 4
32 YES Unconscious /Decreased
Consciousness
0 Minutes Code 4
33 YES Unknown 15 Minutes Code 4
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: October 6, 2022
REPORT: PS-18/22 SUBJECT: BULK ITEM CURBSIDE PICK-UP TWO MONTH UPDATE
BACKGROUND
At the June 16, 2022 meeting, the Council of The Corporation of the Municipality of Bayham received Report PS-13/22 re Bulk Item Curbside Pick-up Financial Impacts. The Report presented Council with three (3) possible options for consideration regarding a curbside large
item program. Council passed the following motion: Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT Report PS-13/22 re Bulk Item Curbside Pick-up Financial Impacts be
received for information;
AND THAT a three-month trial for Bulk Item Curbside Pickup under Option 2, with a
$15 user fee, be implemented effective August 2022;
AND THAT the trial be supplemented with funds from the Environmental Reserve;
AND THAT staff be directed to report back to Council at the October 6, 2022
Council meeting on the program's progress
DISCUSSION Municipal staff as well as the Municipal waste contractor, Norfolk Disposal, conducted the first bulk item curbside pick-up week on August 29, 2022 with the second pick-up September 27,
2022. The cost to residents was $15 per pick-up at their curb for most household items per the table below:
ACCEPTABLE HOUSEHOLD ITEMS
Fixtures Bathtubs Toilets Sinks
Furniture Sofas Couches
Desks
Chairs Tables
Patio furniture
Bedsprings
Mattresses Bed frames
Appliances Refrigerators Air Conditioners
Dehumidifiers
Freezers
Dishwashers Washing Machines
Dryers
All Freon type appliances require an Ozone Depletion Prevention Tag attached in order to be collected.
Carpet Rugs
Pool Covers
Carpet
All Carpet, Rugs, Pool Covers need to be tied to a maximum of 4ft. by 2 ft.
Odd Items BBQ
Hot water Heaters
Bicycles
Propane tanks need to be removed before pickup
Norfolk Disposal received the pick-up list one (1) week prior to the pick-up week and resulted in
33 pick-ups in August 2022 throughout the municipality, which accounted for approximately 1.3% of all households. September 2022 had 25 locations for pick-up, which accounted for approximately 0.98% of Bayham households.
Upon completion of August pick-up, municipal staff and the municipal contractor discussed the benefits and drawbacks to the first pick-up and if any changes were needed in the program. The
contractor identified the program as very successful overall as the pick-up went extremely well. The contractor noted that residents conformed to the acceptable list for the most part other than a few florescent bulbs being included which were not specifically on the ‘Non-Acceptable’ list. Staff have since updated the on-line list of Acceptable and Non-Acceptable Items to reflect this omission. Attached hereto as Appendix ‘A’ are a few photo examples of accepted amounts and amounts that may be a bit over the maximum 2 cubic meter limit. Note, all refuse was removed from the properties at the time of pick-up. Below is the financial impacts charts identifying the first two trial months in 2022.
Pick-up Revenue Month # of Pick-ups Amount Collected (Tonnes) Revenue @ $15
August 33 3.66 $ 495 September 25 3.68 $ 375
Pick-up Expenditures
Month Tonne Pick-Up Disposal Fee Curb Side Pick-Up Fee Total Cost Before HST
August 3.66 $ 273 $ 1,125 $ 1,398
September 3.68 $ 276 $ 975 $ 1,251
Total Cost to the Municipality
Month Revenue Expenditure Total Cost Excluding HST
August $ 495 $ 1,398 $ 903
September $ 375 $ 1,251 $ 876
Based on a revenue-to-expenditure comparison of the program, staff calculate that a $45.69/pick-up user fee is the break-even, elaborated upon below:
Total Pick-ups Total Expenditure Breakeven User Fee (Expenditure / Pick-ups)
58 $2,649 $2,649 / 58 = $45.69
As illustrated above, the decrease in revenue from August to September was 25 percent, but the decrease in expenditure was only 10.5 percent. Norfolk Disposal identified that, if the number of users were to increase on a monthly basis, the marginal cost/pick-up would decrease due to the fixed cost associated with having a truck and personnel out on a route. If the program were to continue on a permanent basis, staff believe the amount of users will
increase, with the spring season being the crucial months for the program. Staff would recommend that more data be collected. Staff recommend that a spring trial (March
– May 2023) be conducted to collect an additional three months of data, at which time six months can be presented to Council and Council can determine whether to make the program permanent in some format.
RECOMMENDATION THAT Report PS-18/22 re Bulk Item Curbside Pick-Up Two Month Update be received for information; AND THAT an additional three-month trial of the Bulk Item Curbside Pick-Up be conducted between March and May 2023; AND THAT staff report back to Council in June 2023 on the trial Bulk Item Curbside Pick-Up program.
Respectfully Submitted by: Reviewed by:
_________________________________ _____________________________ Steve Adams Thomas Thayer, CMO
Manager of Public Works- CAO|Clerk Drainage Superintendent
Large Item Curbside Pick-up Examples
Example of Accepted Amounts
Examples of Excesive Amounts
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: October 6, 2022
REPORT: PS-19/22 SUBJECT: RESULTS OF RFP 22-01 - PORT BURWELL COMMUNITY PARK BALL DIAMOND
LIGHTING UPGRADES
BACKGROUND
Port Burwell Community Park ball diamond lights and light towers were installed between 1967-1969. This project was part of the Canada 100-year Centennial Grant Funding. The ball
diamond includes six (6) 50-foot towers that consist of two (2) halogen lights on each tower. Currently, all lights are in operation and working properly. Generally 1-2 bulbs are replaced per year and this task is completed by our electrical contractor and their boom truck. Currently, the ball park and the use of the lighting system is used by the local fastball league, Port Burwell Lakers. In 2019, the Municipality of Bayham and Cowan Insurance engaged in an in-depth risk assessment on all assets including facilities, parks, and museums looking and documenting
potential risk and liability issues. At the time the insurance risk appraiser verbally discussed the condition of the towers at the Port Burwell Community Park. At the time, two of the six towers were recommended to be addressed by the appraiser but this information was not documented within the provided report. The Municipality issued RFP 21-01 – Port Burwell Community Park Ball Park Lighting Upgrades
in July 2022 with a closing date of August 4, 2022. DISCUSSION The submission period for RFP 22-01 – Port Burwell Community Park Ball Park Lighting Upgrades was closed August 4, 2022 at 11 am with no bids received.
The RFP was issued for removal and disposal of the existing lighting structures, removal of the underground infrastructure, and final grade work, replacing six (6) towers and twelve (12) halogen lights with upgraded towers, LED lights, and supplied power to new towers and fixtures.
Staff followed up with two interested companies after the closing of the RFP looking for further
information regarding the absence of a bid. The response provided to staff was that the companies were not interested in the removal of the old infrastructure but preferred to set up the new equipment only. After receiving that information, staff then approached our Municipal electrical contractor and street light contractor to determine whether a sole-source for this project could be considered. This would include Municipal staff disposing of the towers and bases while the contractor would dismantle the towers and fixtures and remove all underground infrastructure while installing new towers and connecting all power to power supply panel including trenching. This would also include permits and inspections from the Electrical Standard Authority. The Municipal Contractor, using a third party ball park lighting engineer, had decided on using four (4) new poles to be StressCrete structures (Concrete) 60-feet high with 4-6 LED lights on each pole. This would include all other equipment, hardware, and excavator work to complete
the same for a total of $170,000.00 plus HST. The upgraded poles would be 70 feet in total – 60 feet above-ground and 10 feet below-ground.
Staff and the contractor looked into utilizing wooden poles at this location, however, we were advised against this by two field engineers suggesting not to utilize the wood due to conditions of the soil and the movement of the poles. Upgrading the amount of lights on each pole would
eliminate the need for extra poles; however, the weight of the lighting system would require additional pole length that is not supported in wood. Staff also inquired about a steel option but StressCrete poles were the less expensive option. The funding for the updated lighting would be funded through Parks and Playgrounds for $135,000 and Parkland reserve for an additional $25,000. This, however, only totals $160,000 and it is expected that, with the costs of materials and labour having increased since Budget approval, the cost inclusive of tax may approach or surpass $200,000. Staff respectfully recommend taking the opportunity to hold off on this project until a future capital year, tentatively 2024. Staff will continue to monitor for any further risk and long-term budget planning. RECOMMENDATION THAT Report PS-19/22 re Results of RFP 22-01 – Port Burwell Community Park Ball Diamond Lighting Upgrades be received for information; AND THAT a Capital item for the Port Burwell Community Park Ball Diamond Lighting be included in the 2024 Capital Budget.
Respectively Submitted by: Reviewed by:
_________________________________ _____________________________ Steve Adams Thomas Thayer, CMO
Manager of Public Works/Drainage Superintendent CAO|Clerk
PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z751-2022 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM MUNICIPALITY OF BAYHAM – HOUSEKEEPING AMENDMENT
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z751-2022 on the 15th day of September 2022 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 October 2022, a notice of appeal setting out the objection to the By-law and the reasons
in support of the objection.
THE PURPOSE of the amendments is to address various definitions and provisions where
corrections, errors and areas of further clarification have been identified through the review of
planning applications, public planning enquiries, new land use trends, and/or by-law
enforcement situations, in the comprehensive Zoning By-law of the Municipality of Bayham.
The amendments are as follows:
Section 2.0 Definitions:
o Replace the definition for “Agricultural Use”
o Revise definition for “Day Care Centre”
o Remove definition for “Farm”
o Add definition for “Large Scale Supplementary Farm Dwelling”
o Revise definition “Lot Lines”
o Add definition for “On-Farm Diversified Use”
o Add definition for “Parking Space, Accessible”
o Add definition for “Private Home Day Care”
o Add a definition for “Recreational Travel Vehicle”
Section 4.2 f) Accessory Uses – add maximum floor area permission for accessory use
buildings accessory to a principal farm dwelling to maximum twenty-five (25%) of the
size of the principal farm dwelling. The proposed provision does not apply to farm-
related buildings such as barns, greenhouses, stables or driving sheds.
Section 4.4 Residential Accessory Uses:
o Remove first paragraph which was intended to be removed by way of previous
Zoning By-law Amendment and which regulations were either removed or moved
to subsections in Section 4.4.
o Modify Section 4.4.5 to remove locational criteria to provide flexibility to the
location of required private amenity area for apartments accessory to commercial
uses.
Section 4.5 Home Occupation:
o Add “private home day care” as an example of home occupation uses.
o Add permission for up to six (6) persons permitted as part of a provincially
licensed private home day care.
Section 4.16 Truck, Bus, and Coach Bodies or Travel Trailers, Truck Campers, Motor
Homes or Tents Used for Human Occupancy:
o Replace a portion of the title by removing “Truck, Bus, and Coach Bodies or
Travel Trailers, Truck Campers, Motor Homes” with “Recreational Travel
Vehicles”.
o Section 4.16.1 and 4.16.2 – replace both sections with one new Section 4.16.1
for the general provision to clarify for truck campers, motor homes or tents used
for temporary accommodations in residential zones by removing permission for
such accommodations to continue up to thirty (30) consecutive days and to limit
temporary use of such accommodations from seven (7) consecutive days to not
more than one period of ten (10) consecutive days in one calendar year.
Section 4.31 a) Loading Spaces – Modify the required loading spaces for industrial uses
to reduce the minimum loading space requirements.
Section 4.32 Parking Requirements
o add new subsection 4.32.3 to include size and minimum requirements to provide
for accessible parking spaces.
o Add new subsection 4.32.4 for general access aisle or minimum and maximum
driveway widths, amount of and distance for such from a street intersection.
Section 4.32 Parking Requirements
o Add Mobile Home Parks to the minimum parking space requirement table row
“Travel Trailer Parks”.
o Add visitor parking requirement to the parking space minimum requirement table
row for “Dwelling unit in a triplex, multiunit, linked, maisonette, rowhouse, or
apartment dwelling, or a building containing both commercial and residential
uses”
o Modify (reduce) the minimum parking requirement in the parking space
requirement table row for “Industrial/Manufacturing”.
o Modify (reduce) the minimum parking requirement in the parking space
requirement table row for “Warehouse Use”.
Section 4.34.1 – add minimum driveway width and maximum frontage occupied by a
driveway for a residential use.
Section 4.58 – add additional regulations to clarify permissions for shipping containers
used for storage and human occupancy purposes.
Section 4.59 – in accordance with the Official Plan, add 10% maximum exterior
alterations to existing dwellings for “Second Dwelling Units”.
Section 5.2 – remove “Farm;” and add “On-farm diversified use;” in listed permitted uses
in the Agricultural (A1) zone.
Section 5.11.3 – limit commercial livestock uses to lots that have 2.0 ha or greater lot
area in the Agricultural (A1) and clarify that livestock in the form of a hobby farm context
is permitted.
Section 7.11 – add maximum floor area for accessory buildings in the Rural Residential
(RR) zone.
Section 8.10 – modify (increase) the maximum accessory building floor area in the
Estate Residential (ER) zone.
Section 10.2 – add permission for two units of a semi-detached dwelling on one lot in the
Village Residential 1 (R1) zone Permitted Buildings and Structures.
Section 10.3 – modify minimum lot area requirements in the Village Residential 1 (R1)
zone to clarify for semi-detached dwellings and the type of water and sewer services
available.
Section 10.4 – add 10.0 m minimum lot frontage for semi-detached dwellings.
Section 10.5 – add 7.0 m maximum height in the Village Residential 1 (R1) Zone.
Section 10.11 - modify (increase) the maximum accessory building floor area in the
Village Residential 1 (R1) zone.
Section 11.1 – add “semi-detached dwelling” as a listed permitted use in the Village
Residential 2 (R2) zone.
Section 11.6 – add 7.0 m maximum height in the Village Residential 2 (R2) Zone.
Section 12.2 – modify “mobile home site” minimum lot areas and clarify the type of
sewer and water services.
Section 12.3 – modify (reduce) mobile home site minimum lot frontage and clarify the
type of sewer and water services.
Section 12.8 – modify (reduce) minimum interior side yard setback and add minimum
exterior side yard setback for mobile home sites.
Section 12.11 b) – modify open deck requirements for mobile homes to clarify that open
decks are permitted per exterior door and to establish appropriate maximum floor areas
permitted for such decks.
Section 12.11 – add the subsections to clarify accessory building setbacks and to add
regulations for maximum width, floor area and height for private attached garages or
carports for mobile home sites.
Section 17.10 – add clarification that additional lot area requirement for accessory
residential uses only applies where the lands do not have access to municipal water
services and private water services (Straffordville) in the Central Business District (C1)
zone.
THE EFFECT of this amendment will be to provide the public, Municipal Staff, and Council with
an updated and improved Zoning By-law No. Z456-2003 in accordance with Section 8.5 of the
Official Plan.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a zoning 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 group.
NO PERSON OR PUBLIC BODY shall be added as a party to the hearing of the appeal unless,
before the by-law was passed, the person or public body made oral submissions at a public
meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal,
there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection by contacting the municipal office.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 16th DAY OF SEPTEMBER 2022.
Margaret Underhill Planning Coordinator/Deputy Clerk 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
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.
A-09/22
NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM APPLICANT: JAMES AND STACEY MACARTHUR LOCATED AT: 29 EDISON DRIVE, VIENNA TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance (A-09/22). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 6, 2022, at 6:45 pm to consider a proposed Minor Variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of the variance is to grant relief from Zoning By-law regulations in Section
4.2 c) and 4.2 d) to permit an accessory building to be located in the front yard and to permit an accessory building closer to the street than the main building is to that street whereas the proposed location would not be permitted, for lands located at 29 Edison Drive, west side and south side of Ann Street, in the village of Vienna.
THE EFFECT of this variance will be to permit a new accessory building (garage) to be located on the east side of the property which is considered the front yard and would be closer to Edison Drive than the dwelling due to lot configuration and existing dwelling location.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must
make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by contacting the Municipal Office.
DATED at the Municipality of Bayham this 22nd day of September 2022.
Margaret Underhill Planning Coordinator/Deputy Clerk 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
Village of Vienna
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: DS-54/22 SUBJECT: 3RD QUARTER REPORT
BACKGROUND:
The purpose of this report is to inform Council of the activities of the Building Services and Drainage department for the third quarter of the year for 2022.
DISCUSSION:
Building Services:
The summary of building permits issued in the third quarter is as listed on the chart below: Year 2022 2021 2020
No. permits issued 48 47 46
Permit fees $56,028 $55,736 $38,261
Construction Value $10,675,000 $5,954,805 $3,290,315
Houses 14 10 5
Farm Buildings 2 1 3 Other 32 36 38 Drainage:
Drainage work for the third quarter of 2022 is noted below: New Drains: Drain Name Status
Hampton Drain Hampton Drain – reassessment based on COR direction from June 16, 2022; reassessment received at second sitting of
COR; direction given to reassess.
New Drain – Peters Drain extension Petition received for drain in Corinth; received by Council August 18, 2022 – Council direction given to appoint Spriet Associates; site meeting complete
Drain Maintenance: No maintenance work was done this quarter RECOMMENDATION
1. THAT Staff Report DS-54/22 re 3rd Quarter Report be received for information.
Respectfully Submitted by:
_________________________________ Thomas Thayer, CMO CAO|Clerk
County Council Observes Moment
of Silence in Honour of Queen
Elizabeth II
Council Celebrates BPSO
Designation for Elgin County
Homes
Warden French Raises Flag in
Honour of Childhood Cancer
Awareness Month
Council Reignites Elgin-St. Thomas
Age Friendly Network
Council Approves Revisions to
Collection Development Policy for
County Libraries
Council Endorses Amendment to
Township of Southwold Official
Plan
September 14, 2022
Elgin County Council Highlights
September 14, 2022 www.elgincounty.ca
In this Issue
1
Council Approves the 2021
Financial Statements
Council Grants Exemption to Draft
Plan Approval for Plan of
Condominium in Town of Aylmer
Council Approves Extension of
Reduced Speed Zone in Hamlet of
Eden
Proposed Redistribution of Federal
Electoral Districts
Council Awards Contract for
Integrity Commissioner, Closed
Meeting Investigator and Municipal
Ombudsman
Pilot Project for East Road
September 14, 20222
Council Celebrates Best Practice Spotlight Organization Designation
for Elgin County Homes
Sue Sweeney, Registered Nurses’ Association of Ontario Best Practice Spotlight
Organization Coach presented Warden French and staff from each of the three (3)
Elgin County Long-Term Care Homes with certificates to celebrate their Best Practice
Spotlight Organization (BPSO) designation. The County of Elgin began the process in
May of 2019, and staff worked through the pandemic and other challenges to receive
BPSO designation status across all three (3) homes. The County of Elgin Homes
implemented best practice guidelines in the following areas: Preventing Falls and
Reducing Injury from Falls, Promoting Safety: Alternative to the Use of Restraints, and
Assessment and Management of Pressure Injuries. More information can be found in
the presentation included in the September 14, 2022 County Council Agenda Package.
County Council Observes Moment of
Silence in Honour of Queen Elizabeth II
At the beginning of their meeting, County
Council observed a moment of silence to
mourn and reflect on the life and legacy of
Queen Elizabeth II, Britain’s longest serving
monarch. Residents are invited to sign a
book of condolences in-person at the Elgin
County Heritage Centre until after the
Queen’s funeral on Monday, September 19,
2022.
September 14, 20223
Council Reignites Elgin-St. Thomas Age Friendly Network
Elgin County Council supported re-engaging the Elgin-St. Thomas Age Friendly Network.
The Network is a multi-stakeholder group that takes a leadership role in planning to
respond to the growing needs of older adults in our communities. Re-engaging the
Network will establish ongoing and productive partnerships between a network of
individuals, groups, and organizations committed to planning and incorporating age-
friendly principles within a community; encourage existing organizations to incorporate
age-friendly activities into their core missions; produce evaluation and document
findings on the benefits of age-friendly communities; and secure long-term sources of
both non-financial and financial support. By working together with community members
and service providers, the Network can ensure that everyone’s future in St. Thomas and
Elgin is friendly, safe, inclusive and supportive. To read more about the Elgin-St. Thomas
Age Friendly Network, please view the staff report in the September 14, 2022 County
Council Agenda Package.
Warden French Raises Flag in Honour of Childhood Cancer Awareness
Month
On Wednesday, September 14, 2022, Warden
Mary French proclaimed September as
Childhood Cancer Awareness Month in the
County of Elgin. Along with representatives from
Childcan, Warden French raised the Childhood
Cancer Awareness Flag to mark the occasion.
By raising this flag, the County hopes to provide
awareness about an organization that helps
families and children faced with childhood
cancer deal with the emotional and financial
tolls associated with this disease.
“Elgin County is proud to raise the Child Cancer Awareness flag to demonstrate that we
stand with the brave children battling cancer and the families that have not been so
fortunate,” said Warden Mary French. “It truly was a privilege to hear the stories shared
today and draw attention to such an important topic within our community.”
September 14, 20224
Council Endorses Amendment to Township of Southwold Official Plan
County Council approved Official Plan Amendment No. 1 to the Township of Southwold
Official Plan. The amendment redesignates approximately 10 ha (25 acres) of land at
4485 Thomas Road from “Residential” to “Agricultural Area”, as well as 10 ha (25 acres) of
the land at 4509 Union Road from “Agricultural Area” to “Residential”. The amendment
will impact the Township of Southwold and ensure that the Township has an adequate
supply of ‘shovel ready’ residential land. More information can be found in the September
14, 2022 County Council Agenda Package.
Council Approves Revisions to Collection Development Policy
for County Libraries
County Council approved revisions to the Elgin County Library Collection Development
Policy. The policy is a critical tool in maintaining a healthy and diverse collection in all
formats that respects diversity and upholds principles of intellectual freedom. The policy
guides important matters such as purchasing decisions, requests from the public for
new acquisitions, and decisions about when to discard materials. The revised policy can
be found in the September 14, 2022 County Council Agenda Package.
Council Approves the 2021 Financial Statements
County Council approved the 2021 Financial Statements. The statements show a small
surplus of $3M, some of which has been set aside to support future years. The
Corporation of the County of Elgin Consolidated Financial Statements can be viewed in
the September 14, 2022 County Council Agenda Package, as well as on the County
website.
September 14, 20225
Council Approves Extension of Reduced Speed Zone in Hamlet of Eden
In response to a resident request, County Council approved an extension to the reduced
speed zone along Plank Road (CR #19) in the Hamlet of Eden. Elgin County Engineering
staff supported the extension of the reduced speed limit as additional residences are
being constructed in that area. The existing 50km/h speed zone will be extended by 231
metres to the north and by 450 metres to the south to the Hamlet’s limits along Plank
Road.
Council Grants Exemption to Draft Plan Approval for Plan of
Condominium in Town of Aylmer
County Council granted an exemption to draft plan approval for Plan of Condominium
on Part of Park Lot 6, Plan 145; Parts 1, 2 and Parts 7-10, 11R-8159, in the Town of Aylmer,
County of Elgin (85 Forest Street, Aylmer), File No. 34CD-AY2201. The subject lands are
located in the Town of Aylmer, which is designated Tier 1 Settlement Area on Schedule ‘A’
of the County of Elgin Official Plan. Tier 1 settlement areas are the primary focus areas for
growth in the County OP, in part due to the level of services and infrastructure available.
Policy E1.2 of the County OP states that County Council shall approval only those plans of
condominium which comply with the provisions of the plan and applicable local official
plan. The proposal conforms to the purpose and intent of the County OP and Town of
Aylmer OP and has undergone a previous planning review as part of the site plan
approval process in the Town of Aylmer.
Full details can be found in the September 14, 2022 County Council Agenda Package.
Proposed Redistribution of Federal Electoral Districts
On August 19, 2022, the Federal Electoral Boundaries Commission for the Province of
Ontario released its proposed new electoral map for consideration at public hearing this
fall. County Council is committed to coordinating efforts with Local Municipal Partners
and the City of St. Thomas to represent interests and concerns pertaining to the
proposed federal electoral boundary districts. Council approved by resolution to develop
a submission and make a presentation at the Federal Electoral Boundaries Commission
for the Province of Ontario that emphasizes the necessity for the County of Elgin to
remain contained and represented within one federal electoral district with the entirety
of Elgin County and the City of St. Thomas. More information regarding the proposed
redistribution of the federal electoral districts can be found in the September 14, 2022
County Council Agenda Package.
For the complete September 14, 2022 County Council Agenda Package
please visit the Elgin County website.
September 14, 20226
Pilot Project for East Road
The General Manager of Engineering, Planning & Enterprise/Deputy CAO presented a
report that provided three (3) different traffic calming options for East Road in Port
Stanley. County Council directed staff to proceed with Option #1 – Reduced Lane
Widths with Flexible Bollards with an estimated cost of $15,000 with all costs
associated with installation, maintenance and removal to be funded by the
Municipality of Central Elgin. The pilot project will be in place for one-year and staff
will report to Council immediately after the project’s completion. Full details of the
project can be found in the Council Agenda Package.
Council Awards Contract for Integrity Commissioner, Closed Meeting
Investigator and Municipal Ombudsman
County Council awarded the contract for Integrity Commissioner, Closed Meeting
Investigator and Municipal Ombudsman to Aird & Berlis LLP for a two-year term.
The request for proposal was issued as a cooperative purchasing project that
included the City of St. Thomas and all constituent municipalities, except the Town
of Aylmer. More information can be found in the September 14, 2022 County
Council Agenda Package.
Council Approves
Telecommunications Agreement
with FU Fiber
Elgin County Library Programming
Update
Council Adopts Electronic
Monitoring of Employees at Work
Policy
Council Approves Municipality of
Dutton Dunwich Official Plan
Amendment No. 5
Council Requests Traffic and
Speed Study in Vienna
September 27, 2022
Elgin County Council Highlights
September 27, 2022 www.elgincounty.ca
In this Issue
1
Council Approves
Telecommunications Agreement
with FU Fiber
County Council approved a
telecommunications equipment consent
and road user agreement with FU Fiber, a
telecommunication service provider
proposing to construct fiber-optic
installations, in part located within County
Road Allowances, to establish and/or
improve telecommunication services
within unserved or poorly serviced areas
in Elgin County. The proposed agreement
will apply to all future FU Fiber Inc.
infrastructure installed within the County
Road allowances for the duration of the
term of the Agreement and any renewals.
Please view the September 27, 2022,
County Council agenda package for a
copy of the agreement.
September 27, 20222
Elgin County Library Programming Update
County Council received a presentation from Digital Services Librarian Séanin Steele
highlighting programming at Elgin County Libraries in 2022. March Break marked the
return of in-person programming and saw 1,394 children attend 32 programs across the
ten (10) branches. In addition, virtual programming included the Elgin Quilt Show, Blue
Spruce Forest of Reading Programs, Elgin Reads Digital Book Club and a Virtual Escape
Room.
The presentation highlighted the County’s recent partnership with M.I. Understanding – a
communication tool designed to educate families and connect them with available
resources to assist children with mental health issues. The TD Summer Reading Club
returned to in-person programming with 1,088 children registered and 599 children
registered as first-time participants. New programs such as the Fairytale Rescue
Scavenger Hunt Challenge and the Library Loot Boxes for Teens were also launched this
summer. Library branches also served as a collection site for the Best First Day
Campaign school supply drive. Please see the presentation in this week’s County
Council agenda for more information on Library Programming.
Council Adopts Electronic Monitoring of Employees at Work Policy
County Council adopted a new Human Resources Policy 2.18 Electronic Monitoring to
respond to the Provincial government’s passing of Bill 88, amending the “Working for
Workers Act, 2021” and “An Act to enact the Digital Platform Workers’ Rights Act.” This Bill
requires employers with more than 25 employees to implement an Electronic Monitoring
policy that includes a description of how employers may electronically monitor their
employees, circumstances in which the employer may electronically monitor, and the
purposes for which information obtained may be used by the employer. This policy can
be found in the September 27, 2022, County Council agenda package.
For the complete September 27, 2022 County Council Agenda Package
please visit the Elgin County website.
September 27, 20223
Council Requests Traffic and Speed Study in Vienna
County Council directed staff to complete a traffic study and speed study on Fulton
Street in Vienna in response to a resolution received from the Municipality of Bayham.
The Municipality of Bayham had received a resident concern regarding safety issues in
that area. As directed by County Council, staff will proceed with conducting a traffic
study and speed study on Fulton Street and will report their findings at a future meeting
of County Council.
Council Approves Municipality of Dutton Dunwich
Official Plan Amendment No. 5
County Council approved Official Plan Amendment No. 5 to the Municipality of Dutton
Dunwich Official Plan. In 2021, the Municipality of Dutton Dunwich initiated an
amendment to their Official Plan that proposed swapping lands designated as
‘settlement area’ with lands designated ‘agricultural’ to facilitate new residential
development within the Municipality.
In analyzing their existing residentially – designated land base, the Municipality had
concluded that some of their existing inventory of residential lands in Wallacetown and
Dutton could not be feasibly developed and are more appropriately designated
‘agricultural’ and removed from the Municipality’s inventory. To replace this inventory,
the Municipality subsequently identified an equal amount of land, currently designated
‘agricultural,’ that could be feasibly developed. Council approved the Official Plan
Amendment No. 5 to the Official Plan of the Municipality of Dutton Dunwich as the
adopted amendment is consistent with the Provincial Policy Statement, does not
conflict with the County of Elgin Official Plan, constitutes good planning, and is in the
public’s interest.
Meagan Elliott Deputy Clerk
Municipality of Bayham P.O. Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 September 27, 2022 Re: Request for Traffic Study Dear Ms. Elliott,
At its meeting held on September 27, 2022 Elgin County Council passed the following resolution in response to the Municipality of Bayham’s request for the County of Elgin to conduct a traffic study and speed study on Fulton Street in Vienna: “Moved by: Councillor Martyn
Seconded by: Councillor Purcell RESOLVED THAT staff be directed to complete a traffic study and speed study on Fulton Street in Vienna and provide a report with results and recommendations for Council’s consideration at a future meeting. - Motion Carried.” If you have any questions, please contact Brian Lima, General Manager of Engineering, Planning & Enterprise (EPE)/Deputy CAO at blima@elgin.ca. Sincerely,
Jenna Fentie Manager of Administrative Services, County of Elgin jfentie@elgin.ca
cc: Brian Lima, General Manager of Engineering, Planning & Enterprise/Deputy CAO Peter Dutchak, Manager of Transportation Services, County of Elgin
Please find below a resolution requesting support for streamlining governing legislation for Physicians in Ontario.
Resolution No. COU-2022-346 Moved by Councillor Ron Anderson Seconded by Councillor Emily Rowley
Whereas attracting primary health care providers, including doctors, to Brighton and other small communities has been a difficult task; And Whereas the Provincial Government announced a tuition program to attract nurses to underserved areas of Ontario; Now be it resolved that the Municipality of Brighton Council requests that the
Government of Ontario provide funding and change legislation to allow the College of
Physicians & Surgeons of Ontario (CPSO) to implement the changes proposed in their letter to the Minister of Health on August 18, 2022. Which includes:
Exempting IEP's from the regulatory requirement to have Canadian experience (re-do residency) where all other requirements are met; and
Implementing Practice Ready Assessment programs similar to those already
used in seven (7) other provinces. And further that the Government of Ontario develop a similar tuition program to attract family doctors to underserved areas of Ontario; And further that this motion is circulated to the Premier of Ontario, the Minister of
Health, MPP David Piccini, and all municipalities across Ontario and the Association of
the Municipalities of Ontario (AMO) for endorsement. Kind Regards,
Candice Doiron
Municipal Clerk Municipality of Brighton
The Municipality of Grey Highlands
206 Toronto Street South, Unit One - P.O. Box 409 Markdale, Ontario N0C 1H0
519-986-2811 Toll-Free 1-888-342-4059 Fax 519-986-3643
www.greyhighlands.ca info@greyhighlands.ca
September 26, 2022
Ministry of the Solicitor General
Hon. Michael Kerzner
25 Grosvenor Street
Toronto, ON M7A 1Y6 Sent via email: Michael.kerzner@ontario.ca
Hon. Minister Kerzner:
Re: Grey Highlands Municipal Resolution 2022-571 re: Increased Speeding Fines
Please be advised that the following resolution was passed at the September 7, 2022 meeting of
the Council of the Municipality of Grey Highlands.
2022-571
Dane Nielsen, Danielle Valiquette
Whereas speeding has become a growing concern on our residential streets;
and
Whereas the culture of driver’s is that 20 km/h over the speed limit is
considered normal; and
Whereas the fines for street racing have increased significantly and we have
seen a reduction in number of charges laid; and
Whereas the fines for other speed infractions have remained unchanged; now
Therefore be it resolved that the municipality of Grey Highlands lobby the
Ministry of the Solicitor General to increase the fines for all levels of speeding;
and
That this motion be sent to AMO, ROMA, and all municipalities of Ontario to
garner support.
CARRIED.
If you require anything further, please contact this office.
Sincerely,
Raylene Martell
Director of Legislative Services/Municipal Clerk
Municipality of Grey Highlands
Cc: Association of Municipalities of Ontario
Rural Ontario Municipalities
All Ontario Municipalities
Hi
I’m writing in regards to getting a pole light at the end of Gray St in Eden. It is a safety concern with it being so dark at the end of Gray St with traffic, the amount of kids on bikes and the amount of elderly walkers. I sent a letter in approximately 3 years ago and was told that it was put in front of counsel and was decided to be looked at on a later date. I am wondering if it could be looked at again now since a new hydro pole has been put up at the end
of our road? It would be a lot less cost since the pole and the hydro was put in by the owners of the new house.
Regards, Brad Kennedy
REPORT
CAO
TO:
FROM:
DATE:
REPORT:
Mayor & Members of Council
Thomas Thayer, CMO, CAO|Clerk
October 6, 2022
CAO-53/22
SUBJECT: 2023 COUNCIL SCHEDULE
BACKGROUND
Every Q3, the CAO|Clerk presents to Council the proposed Council Meeting Schedule for the upcoming year.
The proposed 2023 Council Schedule is attached hereto.
Please note that this schedule is subject to change due to additions of public planning meetings, special council meetings or any other additions/deletions that may occur, however establishing a 2023 meeting schedule is important for staff for 2023 schedule planning purposes. Meetings
during the summer recess are set for July 20 and August 17, 2023.
2022 Conferences are as follows:
AMO AGM and Annual Conference is scheduled to be held at the Doubletree Hilton in
London from August 20 to 23, 2023.
OGRA Conference will be held at the Fairmont Royal York in Toronto from April 16 to
19, 2023.
ROMA Annual Conference is scheduled to be held at the Sheraton Centre Hotel in
Toronto from January 22 to January 24, 2023.
FCM Annual Conference and Trade Show will be held in Toronto from May 25 to May
28, 2023.
ATTACHMENTS
1. 2023 Council Schedule.
RECOMMENDATION
1.THAT Report CAO-53/22 re 2023 Council Schedule be received for information;
2.AND THAT Council approve the 2023 Council Schedule.
Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk
2023 Council Schedule
Date Meeting Time Public Agenda Items Due – 9:00 AM
January 5 Council 7:00 p.m. December 20, 2022
January 19 Council 7:00 p.m. January 10, 2023
February 2 Council 7:00 p.m. January 24, 2023
February 16 Council 7:00 p.m. February 7, 2023
March 2 Council 7:00 p.m. February 21, 2023
March 16 Council 7:00 p.m. March 7, 2023
April 6 Council 7:00 p.m. March 28, 2023
April 20 Council 7:00 p.m. April 11, 2023
May 4 Council 7:00 p.m. April 25, 2023
May 18 Council 7:00 p.m. May 9, 2023
June 1 Council 7:00 p.m. May 23, 2023
June 15 Council 7:00 p.m. June 6, 2023
July 20 Council 7:00 p.m. July 11, 2023
August 17 Council 7:00 p.m. August 8, 2023
September 7 Council 7:00 p.m. August 29, 2023
September 21 Council 7:00 p.m. September 12, 2023
October 5 Council 7:00 p.m. September 26, 2023
October 19 Council 7:00 p.m. October 10, 2023
November 2 Council 7:00 p.m. October 24, 2023
November 16 Council 7:00 p.m. November 7, 2023
December 7 Council 7:00 p.m. November 28, 2023
December 21 Council 7:00 p.m. December 12, 2023
NOTE: Public Agenda Items and Delegations, pursuant to Section 6.8 and 8 of the Procedural By-law are due to staff in the specified format by
Tuesday at 9:00 AM the week preceding the meeting.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-54/22 SUBJECT: LIBRARY LEASES FOR STRAFFORDVILLE LIBRARY AND FRED
BODSWORTH LIBRARY
BACKGROUND The Municipality has received notice from the County of Elgin requesting a lease renewal for the
Straffordville Library Branch in Straffordville and Fred Bodsworth Library Branch in Port Burwell. The current lease agreement will expire on December 31, 2022. DISCUSSION The original standardized lease agreements for the Straffordville Library Branch and Fred Bodsworth Library Branch were adopted by both the County and the Municipality for a five-year period in 2007 (Agreement Nos. 147-01 and 147-02). These lease agreements were subsequently renewed by the parties’ subject to the same terms and conditions for an additional five-year period in the years 2012-2016 and 2017-2022. The base lease rate in 2007 was $12.00 per square foot (psf) and has been indexed for inflation. The lease rate in 2022 was $16.03 psf. Municipal staff have reviewed the request for lease renewal and have no objections. It is
recommended that the lease renewal be approved for the five (5)-year period commencing on January 1, 2023 and ending on December 31, 2027.
In the event that the Council agrees to renew the lease agreement, the 2023 Budget will be adjusted accordingly to reflect the new 2023 base lease rate or $17.00 psf. Subsequent years of the lease will be subject to an annual CPI adjustment on this rate.
ATTACHMENTS 1. DRAFT Lease Agreements – Straffordville and Fred Bodsworth Libraries (save and except updated Schedule “B”s)
RECOMMENDATION 1. THAT Report CAO-54/22 re Library Leases for Straffordville Library and Fred Bodsworth Library be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham agreed to enter into lease agreements between the County of Elgin and the Municipality of Bayham for the Elgin County Library – Straffordville Branch and Elgin County Library –
Fred Bodsworth Branch for a five (5) year period commencing on January 1, 2023 and ending on December 31, 2027;
3. AND THAT the appropriate authorizing by-laws be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
1
THIS LEASE made in triplicate this ____ day of ______________, 2022 (pursuant to the
Commercial Tenancies Act, R.S.O. 1990, c. L. 7)
B E T W E E N:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(the “Lessor”)
OF THE FIRST PART
-AND-
CORPORATION OF THE COUNTY OF ELGIN
(“Elgin”)
OF THE SECOND PART
WHEREAS:
A. The Lessor is a duly incorporated local municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001 R.S.O. 2001 c. M. 25 (the “Municipal
Act, 2001”);
B. Elgin is a duly incorporated upper tier municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001.
C. The Lessor is the owner of certain lands known municipally as 9366 Plank Road,
Straffordville, ON, N0J 1Y0, which lands are more particularly shown and described in
Schedule “A” hereto (hereinafter referred to as the “Lands”);
D. Situated upon the Lands is a premises locally known as the Straffordville Library; and
E. The Lessor has agreed to lease the said premises located upon the Lands to Elgin on
the terms and conditions set forth in this Agreement.
NOW THEREFORE in consideration of the rents, covenants, and agreements contained
herein on the part of Elgin to be paid, observed, and performed, the sufficiency of which is
hereby acknowledged by the parties, the Lessor and Elgin agree as follows:
Definitions
1. In addition to terms defined elsewhere in this Agreement, the following terms have the
following meanings:
“Agreement” means this Lease Agreement, as it may be confirmed, amended, modified,
supplemented or restated by written agreement between the Parties.
2
“Annual CPI Adjustment” means an annual adjustment to the amount of the annual rent
compared to the previous year, in an amount equivalent to the increase, if any, to the
rate of inflation as determined by the Ontario Consumer Price Index. The Annual CPI
Adjustment shall commence in 2024 and occur by March 31st in each year of the Term of
this Agreement thereafter, following the annual CPI rate for the previous year becoming
available from the Province of Ontario, and shall be applied retroactively to January 1st of
each year of this Agreement beginning in 2024.
“Business Day” means any day excluding Saturday, Sunday or a statutory holiday in the
Province of Ontario.
“Community Partners” means the governmental agencies, community groups/agencies,
not-for-profit and charitable organizations or facility rental user(s) selected by Elgin in its
sole and absolute discretion to have access to the Leased Premises, as defined in
Section 2 of this Agreement.
“Library Services” means all programs and social services delivered by Elgin and its
Community Partners from the Leased Premises.
“Parties” means the Lessor and Elgin collectively and “Party” means any one of them.
“Trade Fixtures” means its common law definition and includes but is not limited to
shelving installed for library operations.
Premises
2. The Lessor doth demise and lease unto Elgin and Elgin doth lease and take from the
Lessor, for the purpose of operating a library including providing Library Services, for the
term herein described and upon the terms and conditions set out in this Agreement, a
portion of the premises located upon the Lands, which premises are comprised of
approximately four-thousand (4,000) square feet of useable interior space and more
particularly shown in the sketch attached hereto as Schedule “B” (hereinafter referred to
as the “Leased Premises”).
3. In addition to the Leased Premises, the Lessor grants unto Elgin and Elgin takes from
the Lessor, rights and areas of access and rights thereto:
a. In common with employees of the Lessor, the right to utilize employee facilities
located upon the Lands and the premises located thereon;
b. The right of its servants, agents, employees, and invitees to pass and re-pass
through and/or over the public hallways, corridors, driveways, and parking areas,
if any, located upon the Lands and associated with the premises located thereon;
and
c. The right of its servants, agents, employees, and invitees to utilize parking
facilities, if any, located upon the Lands and associated with the premises
located thereon.
3
4. The Leased Premises and associated areas of access and use are highlighted on the
sketches attached as Schedule “B” hereto.
TERM
5. Subject to any renewal or termination provisions of this Agreement, the term of this
Agreement shall be for five (5) years commencing on January 1, 2023 and ending on
December 31, 2027.
RENEWAL
6. If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2028 and ending on
December 31, 2032, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2027, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
7. If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2033 and ending on
December 31, 2037, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2032, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
RENT
8. During the first year of the term of this lease, Elgin shall yield and pay unto the Lessor
the annual rent in the amount of SIXTY-EIGHT THOUSAND DOLLARS ($68,000.00),
calculated at a rate of $17.00 per square foot of usable interior area, exclusive of
applicable taxes. The annual rent paid for each subsequent year of the term of this
Agreement or any renewal thereof shall be subject to an Annual CPI Adjustment.
9. The Parties agree that the annual rent referred to in Section 8 above, both in the first
year of this Agreement and thereafter during any subsequent year of the term of this
Agreement and any renewal thereof, shall be paid by four (4) equal quarterly payments
with the 2023 payments being in the amount of SEVENTEEN THOUSAND DOLLARS
($17,000.00), exclusive of taxes, due and payable to the Lessor on March 31st, June
30th, September 30th and December 31st in each calendar year during the term of this
Agreement or any renewal thereof, commencing March 31st, 2023.
4
10. The Parties agree that any and all costs associated with the occupation and use of the
Leased Premises by Elgin, including but not limited to all costs of utilities, maintenance,
repair, or upkeep, as hereinafter specified, shall be at the sole and entire expense of the
Lessor.
ELGIN COVENANTS
11. During the term of this Agreement and any renewal thereof, Elgin agrees and covenants
as follows:
a. To pay the annual rent as set out in sections 8 and 9 of this Agreement;
b. To use the Leased Premises only for the purpose of Library Services;
c. To use the Leased premises in a good and tenant-like manner;
d. To use the balance of the lands and premises, excluding the Leased Premises,
in accordance with the rules and regulations established by the Lessor from time
to time and with respect to use of any such areas by all persons;
e. Not to use or permit anything to be done on the lands and premises, including
the Leased Premises, which may be considered a nuisance or otherwise so as to
create any increase in insurable risk of the Lessor;
f. To pay the Lessor for any loss or damage to its property lost or damaged by the
negligence of Elgin or its servants, agents, or employees, including library staff;
g. To install, maintain, and if necessary, repair adequate electrical and electronic
cabling systems within the demised premises so as to permit its operation of
library electronic equipment, including but not limited to audio/video equipment
and computer systems;
h. Subject to the obligation of the Lessor to provide custodial and janitorial services,
not to act so as to allow or cause refuse, garbage, or other debris to accumulate
within the demised premises;
i. Not to injure or remove trees, shrubbery, hedges or other trees or plant materials
from the Lands;
j. To arrange for, place and maintain adequate insurance for the contents of the
demised premises as occupied and used as a library;
k. To pay all assessed business taxes attributable to occupation of the Leased
Premises by Elgin, if applicable;
l. To permit the Lessor at all reasonable times to enter the Leased Premises to
inspect the condition of such Leased Premises;
m. To comply with all applicable by-laws, statutes, regulations or any other order,
rule or regulation of a competent authority having jurisdiction;
n. Not to assign or sublet the Leased Premises or the within Agreement without the
written agreement of the Lessor, provided further that, after such assignment of
lease, the demised premises will continue to be used as a library. For greater
clarity, nothing in this covenant shall restrain, restrict or prohibit Elgin from
permitting Community Partners to use the Leased Premises as part of Elgin’s
Library Services.
o. To procure and maintain throughout the term of this lease and any renewal
thereof a commercial general liability insurance protecting the Lessor and Elgin
against liability for bodily injury and death and for damage to or destruction of
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property by reason of any occurrence or accident in, or, about the Leased
Premises, including tenants legal liability coverage in an amount not less than
FIVE MILLION DOLLARS ($5,000,000.00) and such insurance shall not be
subject to cancellation except after at least ninety (90) days’ written notice to the
Lessor;
p. To provide a certificate of insurance to the Lessor evidencing the commercial
general liability insurance of Elgin described immediately above;
q. To indemnify and save harmless the Lessor, its servants, agents, directors or
employees from and against any and all claims, actions, damages, liabilities and
expenses in connection with loss of life, personal injury, or damage to property
arising directly or indirectly from any occurrence in, upon, or at the Leased
Premises, or otherwise relating to the occupancy or use by Elgin of the said
Leased Premises or any part thereof and which is attributable, either wholly or in
part, to any act, omission, negligence, or misconduct by Elgin, including its
agents, servants, employees, invitees, or any one permitted by Elgin to be upon
the Leased Premises; provided that this obligation of indemnity will not apply to
the extent that any such claim, action, damage, liability, or expense is caused by
or results from any act, omission, negligence, or misconduct on the part of the
Lessor, including its servants, agents, directors or employees;
r. To provide and deliver to the Lessor written notice of default in respect of any
obligation or covenant on the part of the Lessor as hereinafter set forth;
s. To provide and deliver to the Lessor verbal and then written notice of any
accident or loss within the Leased Premises or any defect or failure of any
mechanical, electrical, or plumbing system within such Leased Premises.
t. To at all times keep an account with the WSIB open and in good standing to
provide coverage for all of its employees who may attend the Leased Premises
for any reason in the course of their employment duties.
LESSOR COVENANTS
12. During the term of this Lease and any renewal thereof, the Lessor agrees and covenants
at all times and at its sole cost and expense, and to the reasonable satisfaction of Elgin,
as follows:
a. To deliver the Leased Premises to Elgin in a state of good repair and cleanliness
and warrant upon delivery that the foundation, walls, structure and roof of the
Leased Premises and the heating, ventilation, air conditioning, mechanical,
plumbing and electrical systems serving the Leased Premises are in good
working order.
b. To allow Elgin quiet enjoyment of the Leased Premises, both that area occupied
as a library and all associated areas of use and access;
c. To allow full use to Elgin, including its agents, servants, employees and
Community Partners, of all corridors, hallways, driveways, and other interior
areas open to the public for gaining access to and egress from the Leased
Premises;
d. To arrange for and maintain the supply of all utilities to the Leased Premises,
including but not limited to electricity, hot water, cold water, wastewater disposal
and natural gas;
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e. To provide sufficient heating and air conditioning to the Leased Premises to
maintain a reasonable temperature therein at all times during normal business
hours, except during the completion of repairs to such heating and air
conditioning equipment;
f. To provide and maintain adequate public washroom facilities, in good working
order, and in strict compliance with any and all applicable federal, provincial, and
municipal requirements and standards and, furthermore, to allow access to and
use of those facilities by any and all attendees of the library;
g. To provide and maintain adequate employee washroom facilities, in good
working order, and in strict compliance with any and all applicable federal,
provincial, and municipal requirements and standards and, furthermore, to allow
access to and use of those facilities by any and all staff of Elgin;
h. To maintain and, if necessary, repair the buildings located upon the Lands and
within which the Leased Premises are located, including but not limited to roof
structures, exterior walls and facades, exterior staircases and stairways, exterior
and interior doors and doorways, interior walls and facades, and interior ceiling
surfaces;
i. To maintain and, if necessary, repair all heating, cooling, ventilation, mechanical,
electrical, and plumbing systems associated with the building within which the
demised premises are located;
j. To arrange for, maintain, and, if necessary, repair adequate electrical and
electronic cabling to, but not within, the Leased Premises, so as to permit the
operation of library electronic equipment, including but not limited to audio/video
equipment and computer systems;
k. To maintain existing public parking facilities for use by library staff and attendees;
l. To remove snow and ice from sidewalks, driveways, and parking areas
associated with the building within which the demised premises are located,
including adequate sanding and/or salting, and at all times on a frequency and to
an extent so as to ensure the reasonable safety of library staff and attendees
utilizing such facilities;
m. To reasonably maintain the grounds surrounding the building within which the
Leased Premises are located in a state of good repair and safety;
n. To provide custodial and janitorial services to maintain the Leased Premises and
the building within which it is located in a clean and tidy manner, including but not
limited to the completion of those services specifically provided for in Schedule
“C”;
o. To provide Elgin with a record of the cleaning services performed in the premises
including the Leased Premises within a reasonable period of time of a written
request by Elgin for same.
p. To promptly repair and keep in a state of good repair the Leased Premises and
the building within which the Lease Premises are located;
q. To consult with Elgin as to the extent and timing of repair and maintenance
activities within the Leased Premises and the building within which it is located so
as to avoid interference with library operations;
r. To permit Elgin to make, with the consent of the Lessor and which consent shall
not unreasonably be withheld, alterations, additions, and improvements to the
premises that will, in the judgment of Elgin, better adapt the premises for library
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purposes; provided, however, that the alterations, additions, and improvements
shall not impair the structural strength of the building and provided further that
any fixture associated with such improvements, whether Trade Fixtures or
otherwise, shall remain the property of Elgin, and upon or any time before the
termination of this Agreement, such fixtures can and shall be removed from the
Leased Premises by Elgin and should any injury or damage be caused to the
Leased Premises by removal of the fixtures, Elgin shall forthwith cause the injury
or damage to be repaired at its expense and if Elgin does not make repairs or
cause them to be made within a reasonable time period, having regard to the
availability of capable services and materials to effect such repairs, they may be
made by the Lessor at the expense of Elgin;
s. To insure and keep insured the building against loss or damage by fire, lightning,
tempest or other casualties as are customarily insured against under insurance
contracts normally entered into from time to time during the term of this
Agreement by owners of buildings in the County of Elgin and of a character
similar to the building for an amount as in the opinion of the Lessor is necessary
to protect the Lessor against loss or damage;
t. To at all times during the Term of this Agreement keep in good standing an
account with the WSIB to provide adequate coverage for its employees that may
attend at the subject property or premises, including the Leased Premises, for
any reason during the course of their employment duties;
u. At its own expense, to be responsible for the cost of all repairs, whether major
minor, to the structural soundness and integrity of the building within which the
Leased Premises are located, including but not limited to exterior walls and
roofing structures;
v. To pay for any loss or damage to the assets of Elgin located within the Leased
Premises and/or for any loss or damage to fixtures within the Leased Premises
where such loss or damage was caused by the negligence of the Lessor or its
agents, servants or employees.
w. To permit signage of Elgin on the terms and conditions set out in this Agreement.
ALTERATIONS, PARTITIONS AND IMPROVEMENTS
13. If Elgin, during the term of this Agreement or any renewal thereof, desires to affix or
erect partitions, counters, or fixtures, in any part of the walls, floors, or ceilings of the
Leased Premises (the “Alterations”), it may do so at its own expense at any time and
from time to time, provided that Elgin’s right to make such alterations to the Leased
Premises shall be subject to the conditions contained herein.
14. Before undertaking any Alterations, Elgin shall submit to the Lessor a plan showing the
proposed Alterations and shall obtain the approval and consent of the Lessor to do so,
which shall not be unreasonably withheld.
15. All such Alterations shall conform to all building regulations then in force affecting the
Leased Premises.
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16. Such Alterations shall not be of a kind or extent so as to weaken the structure of the
premises, including the Leased Premises, after the Alterations are completed or reduce
the value of the premises.
17. Except as provided in this clause and in the Lessor’s Covenants included at section 12
of this Agreement, Elgin will not erect or remove or change the location or any style of
partition or fixture without the written consent of the Lessor having first been obtained.
18. At the expiration of the Term of this Agreement or any renewal thereof, Elgin shall have
the right to remove its fixtures (but not the leasehold or structural improvements which
shall remain the property of the Lessor), provided Elgin makes good all damage
occasioned to the Leased Premises by the taking down or removal thereof.
SIGNAGE
19. Elgin shall be permitted, at its sole cost and expense, to install such signage within
premises as may be reasonably required to direct library patrons to the Leased
Premises, provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld.
20. All signage that exists at the commencement of the Term of this Agreement, having
been erected during the term of a prior lease agreement between the parties, shall be
permitted to continue as if it received the written agreement of the Lessor under the
terms and conditions of this Agreement.
21. Elgin shall be permitted, at its sole cost and expense, to erect a sign(s) on the exterior of
the premises provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld. For greater clarity, Elgin shall not be required to, or bear any
responsibility for, displaying any messages, announcements, advertisements or other
similar information whether using words, symbols or pictures of the Lessor on the
signage of Elgin.
DEFAULT BY ELGIN
22. It is mutually agreed that if Elgin defaults on any payment of rent when due or in
performing any of the terms, covenants, or provisions of this Lease, the Lessor may
forward notice in writing of such default to Elgin. Such written notice shall identify the
default with sufficient detail to permit Elgin to respond and/or cure the default. Failure or
refusal by Elgin to cure such default to the reasonable satisfaction of the Lessor within
thirty (30) days after the date of receipt of such notice shall, at the option of the Lessor,
constitute a forfeiture of the lease and shall give the Lessor the right, at its, option to
treat this Agreement as cancelled and terminated. The term and estate vested in Elgin,
as well as all other rights of Elgin under this Agreement shall immediately cease and
expire as fully and with like effect as if the entire term provided for in this Agreement or
any renewal thereof has expired and the Lessor may enter the Leased Premises, with or
without process of law, take possession together with any and all improvements which
may have been erected thereon.
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DEFAULT BY LESSOR
23. It is mutually agreed that if the Lessor defaults in the performance of any of the terms,
covenants, or provisions of this Agreement, Elgin shall forward notice in writing of such
default to the Lessor. Such written notice shall identify the default with sufficient detail to
permit the Lessor to respond and/or cure the default. Failure or refusal by the Lessor to
cure such default to the reasonable satisfaction of Elgin within fifteen (15) days after the
date of receipt of such notice shall, at the option of Elgin, allow Elgin the right to cancel
this Agreement or any renewal thereof and surrender the Leased Premises no sooner
than thirty (30) days after Elgin provides written notice of its exercise of such option, the
Lessor having no right or recourse as against Elgin arising from such cancellation and
surrender.
TERMINATION
24. Notwithstanding the foregoing, each party hereto shall have the right to terminate this
lease, or any renewal thereof, upon two (2) years’ written notice to the other, at the end
of which time Elgin shall vacate the Leased Premises and return all keys and access
equipment to the Lessor and, in such circumstances, neither party shall have any right or
recourse as against the other arising from such termination, provided that, at all times,
the effective date of such termination shall be December 31st of any calendar year.
25. The Parties hereby agree that the Lessor may assign this Agreement provided that it
gives written notice to Elgin of the Lessor’s intention to assign this Agreement at least
ten (10) months before the assignment of this Agreement becomes effective. Upon
receipt of such written notice from the Lessor, Elgin may elect in its sole discretion to
terminate this Agreement with the termination date being the business day immediately
preceding the effective date of the assignment provided in the written notice from the
Lessor, provided that Elgin provides written notice of such termination at least six (6)
months before the assignment of this Agreement would otherwise become effective.
OVERHOLDING BY ELGIN
26. In the event that the Lessor permits Elgin to remain in occupation of the Leased
Premises without objection and after expiration of the term of this Agreement or any
renewal thereof, Elgin shall be deemed to be a tenant from month to month a monthly
rental equal to one-twelfth of the annual rent due at the end of such expired term or
renewal and otherwise agreed upon and subject to all covenants and agreements of this
lease applicable to a monthly tenancy.
FORCE MAJEURE
27. The Parties agree that, notwithstanding the other provisions of this Agreement, if the
buildings within which the Leased Premises or the Leased Premises themselves are
damaged or destroyed by fire, lightning, or a tempest or by other casualty against which
the Lessor and/or Elgin is insured, so as to render the Leased Premises unfit for Library
Services, the rent hereby reserved or a proportional part thereof, according to the nature
of the damage to the Leased Premises, shall abate until the Leased Premises are
rebuilt. The Lessor agrees that it will with reasonable diligence repair the Leased
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Premises and make the Leased Premises capable of access, unless this Agreement is
terminated. If the Leased Premises are damaged or destroyed by any cause whatsoever
such that in the opinion of the architects or professional engineers employed by the
Lessor, such premises cannot be rebuilt or made fit for Library Services within one
hundred and twenty (120) days of the date of the damage or destruction, or such longer
period as Elgin my agree to at its sole and absolute discretion, the Lessor, instead of
making the demised premises fit for Elgin may at its option terminate this Agreement by
giving Elgin, within sixty (60) days after such damage or destruction, notice of
termination and thereupon rent and any other payment for which Elgin is liable under this
Agreement shall be apportioned and paid to the date of such damage and Elgin shall
immediately surrender possession of the Leased Premises to the Lessor.
GENERAL
28. The Parties agree that Elgin may not assign or sublet this Agreement and its rights
hereunder without leave of the Lessor, provided leave shall not be unreasonably
withheld, and where assignment is proposed, such assignment shall only allow the
Leased Premises to be used as a library. Notwithstanding anything in this provision, the
Parties hereby agree and acknowledge that Elgin may rent out its Leased Premises or
permit such Leased Premises to be used by its Community Partners on a temporary,
short term basis, provided that at all times Elgin shall be responsible for such
Community Partners and shall be responsible for fulfillment of obligations of this
Agreement.
29. The Parties agree that should the Lessor construct, purchase or otherwise have control
over another property and premises of which it is the registered owner and where the
Lessor believes Library Services may be delivered from such location, Elgin may, at its
sole and absolute discretion, provide written notice to the Lessor of its intention to
provide Library Services from such property, premises or location and the Parties shall
work reasonably with each other to do any of the following: amend this Agreement such
that it shall become applicable to the such location, or, terminate this Agreement and
enter into a new lease agreement for such location.
30. Any notices to be given pursuant to this Agreement shall be sufficiently given if
personally served upon the party or an officer of the party for whom it is intended, or
mailed, pre-paid and registered, as follows:
To the Lessor:
The Corporation of the Municipality of Bayham 56169 Heritage Line Straffordville, ON, N0J 1Y0 Attn: Chief Administrative Officer
To Elgin:
Corporation of County of Elgin 450 Sunset Drive
St. Thomas, ON, N5R 5V1 Attn: Chief Administrative Officer
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31. Time shall be of the essence, save and except as may be otherwise provided for and
specified in this Agreement.
32. Amendment to this Agreement shall be permitted only in writing approved and executed
by duly authorized officers of each of the Parties hereto.
33. No waiver of, failure to exercise, or delay in exercising any section of this Agreement
constitutes a waiver of any other section (whether or not similar in substance) nor does
any waiver constitute a continuing waiver unless otherwise expressly provided.
34. This Agreement and any renewal thereof shall be governed by the laws of the Province
of Ontario.
35. Any dispute between the Parties relating to any provision of this Agreement shall be
referred to a sole arbitrator, to be mutually agreed upon between the Parties. If a sole
arbitrator cannot be agreed upon by the Parties then the dispute shall proceed before
three (3) arbitrators, in which event each party shall appoint one (1) arbitrator and the
third arbitrator shall be chosen by the two (2) arbitrators chosen by the parties. The
decision of the three (3) arbitrators, or a majority of them, shall be final and binding upon
the Parties. All costs and expenses of such arbitration shall be borne by the Parties
equally.
36. Words importing the singular number only shall include the plural and vice versa; words
importing any gender shall include all genders; words importing person shall include
firms and corporations and any recognized legal entity in the Province of Ontario.
37. This Agreement and everything contained in it shall extend to, bind, and enure to the
benefit of the heirs, executors, administrators, successors and assigns of each of the
Parties. All covenants contained in this Agreement shall be deemed joint and several
and all rights and powers reserved to either party may be exercised by its respective
authorized officers or agents.
38. Should any provision of this Agreement be adjudged to be invalid or unenforceable or
otherwise illegal by any authority of competent jurisdiction then such provision shall be
severed from this Agreement and the remaining provisions of this Agreement shall
remain in full force and effect.
{ONE (1) SIGNATURE PAGE FOLLOWS}
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IN WITNESS WHEREOF the parties hereto have executed this Agreement under signature of
their duly authorized officers on the date set forth:
) Corporation of the County of Elgin ) ) )
) per:_______________________ ) Name: ) Position: Warden Date:____________________________ ) )
) ) per:_______________________ ) Name: Julie Gonyou ) Position: Chief Administrative Officer
) ) We have authority to bind the corporation
) The Corporation of the Municipality of ) Bayham )
) ) ) per:_______________________ ) Name: Ed Ketchabaw
) Position: Mayor Date:____________________________ ) ) ) ) per:_______________________
) Name: Thomas Thayer ) Position: Chief Administrative Officer ) ) We have authority to bind the corporation
13
SCHEDULE “A”
STRAFFORDVILLE LIBRARY LEASE AGREEMENT
In the Municipality of Bayham, former Township of Bayham, in the County of Elgin and being
composed of Part of Second Street (now closed) and part of Lot 5 East of Plank Road, as shown
on Plan 205 (Hamlet of Straffordville) more particularly designated as Part 1 on a reference plan
of survey deposited in the Registry Office for the Registry Division of Elgin (no. 11) on the 25th
day of November, 1981, as Plan 11R2358.
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SCHEDULE ‘C’
LESSOR CLEANING SERVICES
Service Frequency
1 Vacuum and clean all halls, entrances, stairwells, landings and all public or common areas. Daily for Open Days
2 Wash tile floors and dust all entrances, exits and storage rooms. Daily for Open Days
3 Clean all public and staff washrooms, maintenance areas, including sinks, toilet bowls and mirrors. Daily for Open Days
4 Dust fire bells and lights, exist signs and window ledges. Monthly
5 Dust electrical panels, hot water tanks, pumps, pipes, etc. Monthly
6 Dust all light fixtures. Daily for Open Days
7 Replace all non-operational light bulbs and tubes in public areas As required
8 Steam clean all carpets and mats Annually – in Spring
9 Dust all drapes and blinds Weekly 10 Spot clean door glass frames and doors Daily for Open Days 11 Empty wastepaper and recycling baskets Daily for Open Days
12 Put garbage bags out to curbside for pick-up Garbage Day
13 Exterior Windows – thoroughly clean all windows, screens and window wells, sills and ledges Semi-Annually – Spring and Fall 14 Sweep sidewalks As required or twice monthly, whichever is greater
15 Keep all sidewalks clear of snow – shall occur prior As required
16 Spread ice removing pellets or other sufficient product on sidewalks, parking lots, driveways and any other exterior area where individuals may traverse
As required
NOTE: The Cleaning services herein described are at the sole cost and responsibility of
the Lessor including, but not limited to, all costs related to labour, supplies and
materials.
1
THIS LEASE made in triplicate this ____ day of ______________, 2022 (pursuant to the
Commercial Tenancies Act, R.S.O. 1990, c. L. 7)
B E T W E E N:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(the “Lessor”)
OF THE FIRST PART
-AND-
CORPORATION OF THE COUNTY OF ELGIN
(“Elgin”)
OF THE SECOND PART
WHEREAS:
A. The Lessor is a duly incorporated local municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001 R.S.O. 2001 c. M. 25 (the “Municipal
Act, 2001”);
B. Elgin is a duly incorporated upper tier municipality in the province of Ontario,
incorporated pursuant to the Municipal Act, 2001.
C. The Lessor is the owner of certain lands known municipally as 21 Pitt Street, Port
Burwell, ON, N0J 1Y0, which lands are more particularly shown and described in
Schedule “A” hereto (hereinafter referred to as the “Lands”);
D. Situated upon the Lands is a premises locally known as the Fred Bodsworth Public
Library of Port Burwell; and
E. The Lessor has agreed to lease the said premises located upon the Lands to Elgin on
the terms and conditions set forth in this Agreement.
NOW THEREFORE in consideration of the rents, covenants, and agreements contained
herein on the part of Elgin to be paid, observed, and performed, the sufficiency of which is
hereby acknowledged by the parties, the Lessor and Elgin agree as follows:
Definitions
1. In addition to terms defined elsewhere in this Agreement, the following terms have the
following meanings:
“Agreement” means this Lease Agreement, as it may be confirmed, amended, modified,
supplemented or restated by written agreement between the Parties.
2
“Annual CPI Adjustment” means an annual adjustment to the amount of the annual rent
compared to the previous year, in an amount equivalent to the increase, if any, to the
rate of inflation as determined by the Ontario Consumer Price Index. The Annual CPI
Adjustment shall commence in 2024 and occur by March 31st in each year of the Term of
this Agreement thereafter, following the annual CPI rate for the previous year becoming
available from the Province of Ontario, and shall be applied retroactively to January 1st of
each year of this Agreement beginning in 2024.
“Business Day” means any day excluding Saturday, Sunday or a statutory holiday in the
Province of Ontario.
“Community Partners” means the governmental agencies, community groups/agencies,
not-for-profit and charitable organizations or facility rental user(s) selected by Elgin in its
sole and absolute discretion to have access to the Leased Premises, as defined in
Section 2 of this Agreement.
“Library Services” means all programs and social services delivered by Elgin and its
Community Partners from the Leased Premises.
“Parties” means the Lessor and Elgin collectively and “Party” means any one of them.
“Trade Fixtures” means its common law definition and includes but is not limited to
shelving installed for library operations.
Premises
2. The Lessor doth demise and lease unto Elgin and Elgin doth lease and take from the
Lessor, for the purpose of operating a library including providing Library Services, for the
term herein described and upon the terms and conditions set out in this Agreement, a
portion of the premises located upon the Lands, which premises are comprised of
approximately eight hundred (800) square feet of useable interior space and more
particularly shown in the sketch attached hereto as Schedule “B” (hereinafter referred to
as the “Leased Premises”).
3. In addition to the Leased Premises, the Lessor grants unto Elgin and Elgin takes from
the Lessor, rights and areas of access and rights thereto:
a. In common with employees of the Lessor, the right to utilize employee facilities
located upon the Lands and the premises located thereon;
b. The right of its servants, agents, employees, and invitees to pass and re-pass
through and/or over the public hallways, corridors, driveways, and parking areas,
if any, located upon the Lands and associated with the premises located thereon;
and
c. The right of its servants, agents, employees, and invitees to utilize parking
facilities, if any, located upon the Lands and associated with the premises
located thereon.
3
4. The Leased Premises and associated areas of access and use are highlighted on the
sketches attached as Schedule “B” hereto.
TERM
5. Subject to any renewal or termination provisions of this Agreement, the term of this
Agreement shall be for five (5) years commencing on January 1, 2023 and ending on
December 31, 2027.
RENEWAL
6. If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2028 and ending on
December 31, 2032, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2027, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
7. If Elgin pays all rents hereinafter set forth and further observes and performs all other
covenants, obligations, and provisions as hereinafter set forth, the Lessor shall grant to
Elgin a renewal of lease of the Leased Premises and associated areas of use and
access for a further five (5) year period commencing on January 1, 2033 and ending on
December 31, 2037, provided that the said renewal of lease shall only be granted if Elgin
shall have delivered a written request to grant such renewal of lease to the Lessor on or
before September 30, 2032, provided further that the terms and conditions of such
renewal of lease shall be the same terms and conditions set forth in this Agreement save
and except with respect to this right of renewal of lease and as to the amount of annual
rent, the amount of such annual rent to be negotiated and agreed to by the parties
hereto;
RENT
8. During the first year of the term of this lease, Elgin shall yield and pay unto the Lessor
the annual rent in the amount of THIRTEEN THOUSAND AND SIX HUNDRED
DOLLARS ($13,600.00), calculated at a rate of $17.00 per square foot of usable interior
area, exclusive of applicable taxes. The annual rent paid for each subsequent year of
the term of this Agreement or any renewal thereof shall be subject to an Annual CPI
Adjustment.
9. The Parties agree that the annual rent referred to in Section 8 above, both in the first
year of this Agreement and thereafter during any subsequent year of the term of this
Agreement and any renewal thereof, shall be paid by four (4) equal quarterly payments
with the 2023 payments being in the amount of THREE THOUSAND AND FOUR
HUNDRED DOLLARS ($3,400.00), exclusive of taxes, due and payable to the Lessor on
4
March 31st, June 30th, September 30th and December 31st in each calendar year during
the term of this Agreement or any renewal thereof, commencing March 31st, 2023.
10. The Parties agree that any and all costs associated with the occupation and use of the
Leased Premises by Elgin, including but not limited to all costs of utilities, maintenance,
repair, or upkeep, as hereinafter specified, shall be at the sole and entire expense of the
Lessor.
ELGIN COVENANTS
11. During the term of this Agreement and any renewal thereof, Elgin agrees and covenants
as follows:
a. To pay the annual rent as set out in sections 8 and 9 of this Agreement;
b. To use the Leased Premises only for the purpose of Library Services;
c. To use the Leased premises in a good and tenant-like manner;
d. To use the balance of the lands and premises, excluding the Leased Premises,
in accordance with the rules and regulations established by the Lessor from time
to time and with respect to use of any such areas by all persons;
e. Not to use or permit anything to be done on the lands and premises, including
the Leased Premises, which may be considered a nuisance or otherwise so as to
create any increase in insurable risk of the Lessor;
f. To pay the Lessor for any loss or damage to its property lost or damaged by the
negligence of Elgin or its servants, agents, or employees, including library staff;
g. To install, maintain, and if necessary, repair adequate electrical and electronic
cabling systems within the demised premises so as to permit its operation of
library electronic equipment, including but not limited to audio/video equipment
and computer systems;
h. Subject to the obligation of the Lessor to provide custodial and janitorial services,
not to act so as to allow or cause refuse, garbage, or other debris to accumulate
within the demised premises;
i. Not to injure or remove trees, shrubbery, hedges or other trees or plant materials
from the Lands;
j. To arrange for, place and maintain adequate insurance for the contents of the
demised premises as occupied and used as a library;
k. To pay all assessed business taxes attributable to occupation of the Leased
Premises by Elgin, if applicable;
l. To permit the Lessor at all reasonable times to enter the Leased Premises to
inspect the condition of such Leased Premises;
m. To comply with all applicable by-laws, statutes, regulations or any other order,
rule or regulation of a competent authority having jurisdiction;
n. Not to assign or sublet the Leased Premises or the within Agreement without the
written agreement of the Lessor, provided further that, after such assignment of
lease, the demised premises will continue to be used as a library. For greater
clarity, nothing in this covenant shall restrain, restrict or prohibit Elgin from
permitting Community Partners to use the Leased Premises as part of Elgin’s
Library Services.
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o. To procure and maintain throughout the term of this lease and any renewal
thereof a commercial general liability insurance protecting the Lessor and Elgin
against liability for bodily injury and death and for damage to or destruction of
property by reason of any occurrence or accident in, or, about the Leased
Premises, including tenants legal liability coverage in an amount not less than
FIVE MILLION DOLLARS ($5,000,000.00) and such insurance shall not be
subject to cancellation except after at least ninety (90) days’ written notice to the
Lessor;
p. To provide a certificate of insurance to the Lessor evidencing the commercial
general liability insurance of Elgin described immediately above;
q. To indemnify and save harmless the Lessor, its servants, agents, directors or
employees from and against any and all claims, actions, damages, liabilities and
expenses in connection with loss of life, personal injury, or damage to property
arising directly or indirectly from any occurrence in, upon, or at the Leased
Premises, or otherwise relating to the occupancy or use by Elgin of the said
Leased Premises or any part thereof and which is attributable, either wholly or in
part, to any act, omission, negligence, or misconduct by Elgin, including its
agents, servants, employees, invitees, or any one permitted by Elgin to be upon
the Leased Premises; provided that this obligation of indemnity will not apply to
the extent that any such claim, action, damage, liability, or expense is caused by
or results from any act, omission, negligence, or misconduct on the part of the
Lessor, including its servants, agents, directors or employees;
r. To provide and deliver to the Lessor written notice of default in respect of any
obligation or covenant on the part of the Lessor as hereinafter set forth;
s. To provide and deliver to the Lessor verbal and then written notice of any
accident or loss within the Leased Premises or any defect or failure of any
mechanical, electrical, or plumbing system within such Leased Premises.
t. To at all times keep an account with the WSIB open and in good standing to
provide coverage for all of its employees who may attend the Leased Premises
for any reason in the course of their employment duties.
LESSOR COVENANTS
12. During the term of this Lease and any renewal thereof, the Lessor agrees and covenants
at all times and at its sole cost and expense, and to the reasonable satisfaction of Elgin,
as follows:
a. To deliver the Leased Premises to Elgin in a state of good repair and cleanliness
and warrant upon delivery that the foundation, walls, structure and roof of the
Leased Premises and the heating, ventilation, air conditioning, mechanical,
plumbing and electrical systems serving the Leased Premises are in good
working order.
b. To allow Elgin quiet enjoyment of the Leased Premises, both that area occupied
as a library and all associated areas of use and access;
c. To allow full use to Elgin, including its agents, servants, employees and
Community Partners, of all corridors, hallways, driveways, and other interior
areas open to the public for gaining access to and egress from the Leased
Premises;
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d. To arrange for and maintain the supply of all utilities to the Leased Premises,
including but not limited to electricity, hot water, cold water, wastewater disposal
and natural gas;
e. To provide sufficient heating and air conditioning to the Leased Premises to
maintain a reasonable temperature therein at all times during normal business
hours, except during the completion of repairs to such heating and air
conditioning equipment;
f. To provide and maintain adequate public washroom facilities, in good working
order, and in strict compliance with any and all applicable federal, provincial, and
municipal requirements and standards and, furthermore, to allow access to and
use of those facilities by any and all attendees of the library;
g. To provide and maintain adequate employee washroom facilities, in good
working order, and in strict compliance with any and all applicable federal,
provincial, and municipal requirements and standards and, furthermore, to allow
access to and use of those facilities by any and all staff of Elgin;
h. To maintain and, if necessary, repair the buildings located upon the Lands and
within which the Leased Premises are located, including but not limited to roof
structures, exterior walls and facades, exterior staircases and stairways, exterior
and interior doors and doorways, interior walls and facades, and interior ceiling
surfaces;
i. To maintain and, if necessary, repair all heating, cooling, ventilation, mechanical,
electrical, and plumbing systems associated with the building within which the
demised premises are located;
j. To arrange for, maintain, and, if necessary, repair adequate electrical and
electronic cabling to, but not within, the Leased Premises, so as to permit the
operation of library electronic equipment, including but not limited to audio/video
equipment and computer systems;
k. To maintain existing public parking facilities for use by library staff and attendees;
l. To remove snow and ice from sidewalks, driveways, and parking areas
associated with the building within which the demised premises are located,
including adequate sanding and/or salting, and at all times on a frequency and to
an extent so as to ensure the reasonable safety of library staff and attendees
utilizing such facilities;
m. To reasonably maintain the grounds surrounding the building within which the
Leased Premises are located in a state of good repair and safety;
n. To provide custodial and janitorial services to maintain the Leased Premises and
the building within which it is located in a clean and tidy manner, including but not
limited to the completion of those services specifically provided for in Schedule
“C”;
o. To provide Elgin with a record of the cleaning services performed in the premises
including the Leased Premises within a reasonable period of time of a written
request by Elgin for same.
p. To promptly repair and keep in a state of good repair the Leased Premises and
the building within which the Lease Premises are located;
q. To consult with Elgin as to the extent and timing of repair and maintenance
activities within the Leased Premises and the building within which it is located so
as to avoid interference with library operations;
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r. To permit Elgin to make, with the consent of the Lessor and which consent shall
not unreasonably be withheld, alterations, additions, and improvements to the
premises that will, in the judgment of Elgin, better adapt the premises for library
purposes; provided, however, that the alterations, additions, and improvements
shall not impair the structural strength of the building and provided further that
any fixture associated with such improvements, whether Trade Fixtures or
otherwise, shall remain the property of Elgin, and upon or any time before the
termination of this Agreement, such fixtures can and shall be removed from the
Leased Premises by Elgin and should any injury or damage be caused to the
Leased Premises by removal of the fixtures, Elgin shall forthwith cause the injury
or damage to be repaired at its expense and if Elgin does not make repairs or
cause them to be made within a reasonable time period, having regard to the
availability of capable services and materials to effect such repairs, they may be
made by the Lessor at the expense of Elgin;
s. To insure and keep insured the building against loss or damage by fire, lightning,
tempest or other casualties as are customarily insured against under insurance
contracts normally entered into from time to time during the term of this
Agreement by owners of buildings in the County of Elgin and of a character
similar to the building for an amount as in the opinion of the Lessor is necessary
to protect the Lessor against loss or damage;
t. To at all times during the Term of this Agreement keep in good standing an
account with the WSIB to provide adequate coverage for its employees that may
attend at the subject property or premises, including the Leased Premises, for
any reason during the course of their employment duties;
u. At its own expense, to be responsible for the cost of all repairs, whether major
minor, to the structural soundness and integrity of the building within which the
Leased Premises are located, including but not limited to exterior walls and
roofing structures;
v. To pay for any loss or damage to the assets of Elgin located within the Leased
Premises and/or for any loss or damage to fixtures within the Leased Premises
where such loss or damage was caused by the negligence of the Lessor or its
agents, servants or employees.
w. To permit signage of Elgin on the terms and conditions set out in this Agreement.
ALTERATIONS, PARTITIONS AND IMPROVEMENTS
13. If Elgin, during the term of this Agreement or any renewal thereof, desires to affix or
erect partitions, counters, or fixtures, in any part of the walls, floors, or ceilings of the
Leased Premises (the “Alterations”), it may do so at its own expense at any time and
from time to time, provided that Elgin’s right to make such alterations to the Leased
Premises shall be subject to the conditions contained herein.
14. Before undertaking any Alterations, Elgin shall submit to the Lessor a plan showing the
proposed Alterations and shall obtain the approval and consent of the Lessor to do so,
which shall not be unreasonably withheld.
15. All such Alterations shall conform to all building regulations then in force affecting the
Leased Premises.
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16. Such Alterations shall not be of a kind or extent so as to weaken the structure of the
premises, including the Leased Premises, after the Alterations are completed or reduce
the value of the premises.
17. Except as provided in this clause and in the Lessor’s Covenants included at section 12
of this Agreement, Elgin will not erect or remove or change the location or any style of
partition or fixture without the written consent of the Lessor having first been obtained.
18. At the expiration of the Term of this Agreement or any renewal thereof, Elgin shall have
the right to remove its fixtures (but not the leasehold or structural improvements which
shall remain the property of the Lessor), provided Elgin makes good all damage
occasioned to the Leased Premises by the taking down or removal thereof.
SIGNAGE
19. Elgin shall be permitted, at its sole cost and expense, to install such signage within
premises as may be reasonably required to direct library patrons to the Leased
Premises, provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld.
20. All signage that exists at the commencement of the Term of this Agreement, having
been erected during the term of a prior lease agreement between the parties, shall be
permitted to continue as if it received the written agreement of the Lessor under the
terms and conditions of this Agreement.
21. Elgin shall be permitted, at its sole cost and expense, to erect a sign(s) on the exterior of
the premises provided that the Lessor has agreed to the design and location of such
signage in writing and provided further that such agreement by the Lessor shall not be
unreasonably withheld. For greater clarity, Elgin shall not be required to, or bear any
responsibility for, displaying any messages, announcements, advertisements or other
similar information whether using words, symbols or pictures of the Lessor on the
signage of Elgin.
DEFAULT BY ELGIN
22. It is mutually agreed that if Elgin defaults on any payment of rent when due or in
performing any of the terms, covenants, or provisions of this Lease, the Lessor may
forward notice in writing of such default to Elgin. Such written notice shall identify the
default with sufficient detail to permit Elgin to respond and/or cure the default. Failure or
refusal by Elgin to cure such default to the reasonable satisfaction of the Lessor within
thirty (30) days after the date of receipt of such notice shall, at the option of the Lessor,
constitute a forfeiture of the lease and shall give the Lessor the right, at its, option to
treat this Agreement as cancelled and terminated. The term and estate vested in Elgin,
as well as all other rights of Elgin under this Agreement shall immediately cease and
expire as fully and with like effect as if the entire term provided for in this Agreement or
any renewal thereof has expired and the Lessor may enter the Leased Premises, with or
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without process of law, take possession together with any and all improvements which
may have been erected thereon.
DEFAULT BY LESSOR
23. It is mutually agreed that if the Lessor defaults in the performance of any of the terms,
covenants, or provisions of this Agreement, Elgin shall forward notice in writing of such
default to the Lessor. Such written notice shall identify the default with sufficient detail to
permit the Lessor to respond and/or cure the default. Failure or refusal by the Lessor to
cure such default to the reasonable satisfaction of Elgin within fifteen (15) days after the
date of receipt of such notice shall, at the option of Elgin, allow Elgin the right to cancel
this Agreement or any renewal thereof and surrender the Leased Premises no sooner
than thirty (30) days after Elgin provides written notice of its exercise of such option, the
Lessor having no right or recourse as against Elgin arising from such cancellation and
surrender.
TERMINATION
24. Notwithstanding the foregoing, each party hereto shall have the right to terminate this
lease, or any renewal thereof, upon two (2) years’ written notice to the other, at the end
of which time Elgin shall vacate the Leased Premises and return all keys and access
equipment to the Lessor and, in such circumstances, neither party shall have any right or
recourse as against the other arising from such termination, provided that, at all times,
the effective date of such termination shall be December 31st of any calendar year.
25. The Parties hereby agree that the Lessor may assign this Agreement provided that it
gives written notice to Elgin of the Lessor’s intention to assign this Agreement at least
ten (10) months before the assignment of this Agreement becomes effective. Upon
receipt of such written notice from the Lessor, Elgin may elect in its sole discretion to
terminate this Agreement with the termination date being the Business Day immediately
preceding the effective date of the assignment provided in the written notice from the
Lessor, provided that Elgin provides written notice of such termination at least six (6)
months before the assignment of this Agreement would otherwise become effective.
OVERHOLDING BY ELGIN
26. In the event that the Lessor permits Elgin to remain in occupation of the Leased
Premises without objection and after expiration of the term of this Agreement or any
renewal thereof, Elgin shall be deemed to be a tenant from month to month a monthly
rental equal to one-twelfth of the annual rent due at the end of such expired term or
renewal and otherwise agreed upon and subject to all covenants and agreements of this
lease applicable to a monthly tenancy.
FORCE MAJEURE
27. The Parties agree that, notwithstanding the other provisions of this Agreement, if the
buildings within which the Leased Premises or the Leased Premises themselves are
damaged or destroyed by fire, lightning, or a tempest or by other casualty against which
the Lessor and/or Elgin is insured, so as to render the Leased Premises unfit for Library
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Services, the rent hereby reserved or a proportional part thereof, according to the nature
of the damage to the Leased Premises, shall abate until the Leased Premises are
rebuilt. The Lessor agrees that it will with reasonable diligence repair the Leased
Premises and make the Leased Premises capable of access, unless this Agreement is
terminated. If the Leased Premises are damaged or destroyed by any cause whatsoever
such that in the opinion of the architects or professional engineers employed by the
Lessor, such premises cannot be rebuilt or made fit for Library Services within one
hundred and twenty (120) days of the date of the damage or destruction, or such longer
period as Elgin my agree to at its sole and absolute discretion, the Lessor, instead of
making the demised premises fit for Elgin may at its option terminate this Agreement by
giving Elgin, within sixty (60) days after such damage or destruction, notice of
termination and thereupon rent and any other payment for which Elgin is liable under this
Agreement shall be apportioned and paid to the date of such damage and Elgin shall
immediately surrender possession of the Leased Premises to the Lessor.
GENERAL
28. The Parties agree that Elgin may not assign or sublet this Agreement and its rights
hereunder without leave of the Lessor, provided leave shall not be unreasonably
withheld, and where assignment is proposed, such assignment shall only allow the
Leased Premises to be used as a library. Notwithstanding anything in this provision, the
Parties hereby agree and acknowledge that Elgin may rent out its Leased Premises or
permit such Leased Premises to be used by its Community Partners on a temporary,
short term basis, provided that at all times Elgin shall be responsible for such
Community Partners and shall be responsible for fulfillment of obligations of this
Agreement.
29. The Parties agree that should the Lessor construct, purchase or otherwise have control
over another property and premises of which it is the registered owner and where the
Lessor believes Library Services may be delivered from such location, Elgin may, at its
sole and absolute discretion, provide written notice to the Lessor of its intention to
provide Library Services from such property, premises or location and the Parties shall
work reasonably with each other to do any of the following: amend this Agreement such
that it shall become applicable to the such location, or, terminate this Agreement and
enter into a new lease agreement for such location.
30. Any notices to be given pursuant to this Agreement shall be sufficiently given if
personally served upon the party or an officer of the party for whom it is intended, or
mailed, pre-paid and registered, as follows:
To the Lessor:
The Corporation of the Municipality of Bayham
56169 Heritage Line Straffordville, ON, N0J 1Y0 Attn: Chief Administrative Officer
To Elgin:
Corporation of County of Elgin
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450 Sunset Drive St. Thomas, ON, N5R 5V1
Attn: Chief Administrative Officer
31. Time shall be of the essence, save and except as may be otherwise provided for and
specified in this Agreement.
32. Amendment to this Agreement shall be permitted only in writing approved and executed
by duly authorized officers of each of the Parties hereto.
33. No waiver of, failure to exercise, or delay in exercising any section of this Agreement
constitutes a waiver of any other section (whether or not similar in substance) nor does
any waiver constitute a continuing waiver unless otherwise expressly provided.
34. This Agreement and any renewal thereof shall be governed by the laws of the Province
of Ontario.
35. Any dispute between the Parties relating to any provision of this Agreement shall be
referred to a sole arbitrator, to be mutually agreed upon between the Parties. If a sole
arbitrator cannot be agreed upon by the Parties then the dispute shall proceed before
three (3) arbitrators, in which event each party shall appoint one (1) arbitrator and the
third arbitrator shall be chosen by the two (2) arbitrators chosen by the parties. The
decision of the three (3) arbitrators, or a majority of them, shall be final and binding upon
the Parties. All costs and expenses of such arbitration shall be borne by the Parties
equally.
36. Words importing the singular number only shall include the plural and vice versa; words
importing any gender shall include all genders; words importing person shall include
firms and corporations and any recognized legal entity in the Province of Ontario.
37. This Agreement and everything contained in it shall extend to, bind, and enure to the
benefit of the heirs, executors, administrators, successors and assigns of each of the
Parties. All covenants contained in this Agreement shall be deemed joint and several
and all rights and powers reserved to either party may be exercised by its respective
authorized officers or agents.
38. Should any provision of this Agreement be adjudged to be invalid or unenforceable or
otherwise illegal by any authority of competent jurisdiction then such provision shall be
severed from this Agreement and the remaining provisions of this Agreement shall
remain in full force and effect.
{ONE (1) SIGNATURE PAGE FOLLOWS}
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IN WITNESS WHEREOF the parties hereto have executed this Agreement under signature of
their duly authorized officers on the date set forth:
) Corporation of the County of Elgin ) ) )
) per:_______________________ ) Name: ) Position: Warden Date:____________________________ ) )
) ) per:_______________________ ) Name: Julie Gonyou ) Position: Chief Administrative Officer
) ) We have authority to bind the corporation
) The Corporation of the Municipality of ) Bayham )
) ) ) per:_______________________ ) Name: Ed Ketchabaw
) Position: Mayor Date:____________________________ ) ) ) ) per:_______________________
) Name: Thomas Thayer ) Position: Chief Administrative Officer ) ) We have authority to bind the corporation
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SCHEDULE “A”
FRED BODSWORTH PUBLIC LIBRARY OF PORT BURWELL LEASE AGREEMENT
In the Municipality of Bayham, former Village of Port Burwell, in the County of Elgin and being
composed of Plan 12 Part Market Square.
14
SCHEDULE ‘C’
LESSOR CLEANING SERVICES
Service Frequency
1 Vacuum and clean all halls, entrances, stairwells, landings and all public or common areas. Daily for Open Days
2 Wash tile floors and dust all entrances, exits and storage rooms. Daily for Open Days
3 Clean all public and staff washrooms, maintenance areas, including sinks, toilet bowls and mirrors. Daily for Open Days
4 Dust fire bells and lights, exist signs and window ledges. Monthly
5 Dust electrical panels, hot water tanks, pumps, pipes, etc. Monthly
6 Dust all light fixtures. Daily for Open Days
7 Replace all non-operational light bulbs and tubes in public areas As required
8 Steam clean all carpets and mats Annually – in Spring
9 Dust all drapes and blinds Weekly 10 Spot clean door glass frames and doors Daily for Open Days 11 Empty wastepaper and recycling baskets Daily for Open Days
12 Put garbage bags out to curbside for pick-up Garbage Day
13 Exterior Windows – thoroughly clean all windows, screens and window wells, sills and ledges Semi-Annually – Spring and Fall 14 Sweep sidewalks As required or twice monthly, whichever is greater
15 Keep all sidewalks clear of snow – shall occur prior As required
16 Spread ice removing pellets or other sufficient product on sidewalks, parking lots, driveways and any other exterior area where individuals may traverse
As required
NOTE: The Cleaning services herein described are at the sole cost and responsibility of
the Lessor including, but not limited to, all costs related to labour, supplies and
materials.
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-55/22 SUBJECT: ROAD ACCESS AGREEMENT – EXECULINK TELECOM INC.
BACKGROUND
The Municipality utilizes Road Access Agreements for any corporation seeking to conduct works or install infrastructure within the boundaries of Municipal road allowances.
A precedent for this arrangement in Bayham is the Road Access Agreement in place with North Frontanac Telephone Elgin Corp. by way of By-law No. 2019-071, which was adopted by
Council at the August 15, 2019 meeting. In June 2022, the Municipality was contacted and provided formal documentation by Execulink
Telecom Inc. (Execulink) regarding a Road Access Agreement to install telecommunication works in the northwest of the municipality. A similar Agreement between Elgin County and Execulink is already in place for installation along Culloden Road. DISCUSSION
A Municipal Road Access Agreement is a standard document provided to utilities that place infrastructure within the municipal road allowance. The Agreement is based off of the County’s
template for same and is generally in conformity with Canadian Radio-television and Telecommunications Commission (CTRC) jurisprudence on the manner. Staff and legal have reviewed the proposed Municipal Road Access Agreement and are satisfied with its content and scope.
The Agreement has already been circulated to Execulink for their review and assent to the Agreement’s content and Schedules.
The road allowances to be utilized by Execulink for telecommunications infrastructure installation are as follows:
Bayham Drive
Green Line
Elliott Road
Carson Line
Best Line
George Street
Henry Street
Murray Road
Somers Road
Peters Court
Shady Lane
Eden Line (Municipal and County)
Culloden Road (County)
Hwy 3 – Talbot Line (Provincial) The Agreement is attached hereto and to a by-law in the By-law section of this Agenda should Council wish to move forward on this matter. ATTACHMENTS 1. Agreement – Road Access Agreement for telecommunications infrastructure between the Municipality of Bayham and Execulink Telecom Inc. RECOMMENDATION 1. THAT Report CAO-55/22 re Road Access Agreement – Execulink Telecom Inc. be received for information;
2. AND THAT the appropriate by-law to enter into a Road Access Agreement with Execulink Telecom Inc. be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT
This Agreement made effective the
“Effective Date”).
B E T W E E N:
day of , 2022 (the
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereafter the "Municipality")
OF THE FIRST PART
- and –
WHEREAS:
EXECULINK TELECOM INC.
(hereafter the "Company")
OF THE SECOND PART
A. The Company is a “Canadian carrier” as defined in the Telecommunications Act, S.C.
1993, c.38 (“Telecom Act”) or “distribution undertaking” as defined in the
Broadcasting Act, S.C. 1991, c.11 (collectively, a “Carrier”) and is subject to the
jurisdiction of the Canadian Radio-television and Telecommunications Commission
(the “CRTC”);
B. In order to operate as a Carrier, the Company requires to construct, maintain and operate
its Equipment in, on, over, under, across or along (“Within”) the highways, streets,
road allowances, lanes, bridges or viaducts which are under the jurisdiction of the
Municipality (collectively, the “Rights-of-Way” or “ROWs”);
C. Pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s
consent to construct its Equipment Within the ROWs and the Municipality is willing
to grant the Company a non-exclusive right to construct within the ROWs provided that
it shall not unduly interfere with the public use and enjoyment of the ROW or other
public place, including any rights or privileges previously conferred or conferred after
the Effective date by the Municipality on Third Parties to use or access the ROWs;
NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein, the Parties agree and covenant with each other as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. In this Agreement, the following words and phrases shall have the following
meanings:
(a) “Affiliate” means “affiliate” as defined in the Canada Business Corporations Act;
(b) “Anti-Bribery Law” means any anti-bribery law or international convention, as
may apply now or in the future, including the Canadian Corruption of Foreign
Public Officials Act, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act
and the OECD Convention on Combating Bribery of Foreign Public Officials;
(c) “Municipal Engineer” means the Municipality’s reviewing authority or the
individual designated by him or her;
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Initials
(d) “CRTC” means the Canadian Radio-television and Telecommunications
Commission.
(e) “Emergency” means an unforeseen situation where immediate action must be
taken to preserve the environment, public health, safety or an essential service of
either of the Parties;
(f) “Equipment” means the transmission and distribution facilities owned by the
Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or
form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary
structures and equipment located Within the ROWs;
(g) “Hazardous Substance” means any harmful substance including, without
limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous
substances, dangerous goods and toxic substances, as defined, judicially interpreted
or identified in any applicable law (including the common law);
(h) “Municipal Consent” or “MC” means the written consent of the Municipality,
with or without conditions, to allow the Company to perform Work Within the
ROWs that requires the excavation or breaking up of the ROWs (as more
particularly described in Schedule “B” to this Agreement);
(i) “Non-Compliant Equipment” means:
(i) For all Equipment installed on or after the Effective Date, Equipment that
is not compliant with the alignment approved by the Municipality because
the placement of the Equipment is greater than a distance of 1m horizontally
or vertically from the location approved by the Municipality, and, the
placement of such Equipment has a material impact on the Municipality’s
ability to manage or use its ROWs; or,
(ii) Equipment installed prior to the Effective Date of this Agreement is
assumed to be compliant. However, Equipment installed prior to the
Effective Date may be deemed Non-Compliant by the Municipality if
unapproved deviations from the approved alignment have a material impact
on the Municipality’s ability to manage or use its ROWs; or,
(iii) Equipment that is not compliant with other requirements of this Agreement.
(j) “Permit” means a Municipal Consent or a Road Permit or both;
(k) “Relocation Notice” means a written notice given by the Municipality to the Company identifying the specific location and reason for the relocation and directing the Company to relocate the Equipment designated in the notice to another
reasonable location in the ROW(s).
(l) “Road Permit” means a Permit issued by the Municipality that, generally, is required to authorize the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs which may interfere with the public use and enjoyment of the ROW for the duration
of the Work when performing the Work.(as more particularly described in Schedule “B” to this Agreement);
(m) “Service Drop” means a cable that, by its design, capacity and relationship to other
fibre optic cables of the Company can be reasonably considered to be for the sole
purpose of connecting backbone of the Equipment to not more than one individual
customer or building point of presence;
(n) “Term” means subject to the renewal options described in subparagraph 9.1(a) and
termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this
Agreement as commencing on the 28th day of June, 2022 and expiring and
terminating on the 27th day of June, 2027.
(o) “Third Party” means any person that is not a party to this Agreement nor an
Affiliate of either Party, and includes any person that attaches its facilities in, on or
to the Equipment under an agreement with the Company;
(p) “Work” means, but is not limited to, any installation, removal, construction,
maintenance, repair, replacement, relocation, removal, operation, adjustment or
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Initials
other alteration of the Equipment performed by the Company Within the ROWs,
including the excavation, repair and restoration of the ROWs.
1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto,
regulations thereof, and successor legislation thereafter.
1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement
entitled “Recitals”, Schedule “A” as identified below, and the By-laws and Municipal
Policies referred to in this Agreement are hereby incorporated by reference into this
Agreement and form part thereof:
Schedule “A” – Permit Fees
Schedule “B” – Permits required by the Municipality
2. USE OF ROWs
2.1 Consent to use ROWs. The Municipality hereby consents to the Company’s use of the
ROWs for the purpose of performing its Work, subject to the terms and conditions of this
Agreement and in accordance with all applicable laws or other municipal by-laws, rules,
policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment
and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal
Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal
laws.
2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this
Agreement, unduly interfere with municipal operations, equipment or installations and the
public use and enjoyment of the ROWs, nor any rights or privileges previously conferred
or conferred after the Effective Date by the Municipality on Third Parties to use or access
the ROWs
2.3 Equipment acquired by the Company. The Parties agree that, where the Company
acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located
Within the ROWs (the “New Equipment”), then, effective the day of the acquisition of
the New Equipment by the Company:
(a) the New Equipment shall form part of the Equipment and shall be governed by the
terms and conditions of this Agreement; and
(b) where that Third Party is a Party to a valid and existing Road User Agreement with
the Municipality (the “RUA”) and the Company, directly or indirectly, acquires the
rights and obligations under the said RUA, the RUA shall be terminated.
2.4 No ownership rights. The Parties acknowledge and agree that:
(a) the use of the ROWs under this Agreement shall not create nor vest in the Company
any ownership or property rights in the ROWs; and
(b) the placement of the Equipment Within the ROWs shall not create or vest in the
Municipality any ownership or property rights to the Equipment.
2.5 Condition of ROWs. The Municipality makes no representations or warranties as to the
state of repair of the ROWs or the suitability or fitness of the ROWs for any business,
activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an
“as is” basis.
2.6 Non-Compliant Equipment. The Municipality bears no liability or responsibility for
relocation costs of all of the following:
(a) Non-Compliant Equipment;
(b) Third Party telecommunications equipment attached to the Company’s Non-
Compliant Equipment; and
(c) any damages, liabilities, re-design costs and associated delay costs incurred by
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other occupiers of a Municipality ROW resulting from the Company’s Non-
Compliant Equipment.
If the Municipality identifies the existence of Non-Compliant Equipment, the
Municipality will issue a Notice of Non-Compliance to the Company. If the Municipality
requires the Non-Compliant Equipment to be relocated, the Municipality will send a
Relocation Notice to the Company requesting relocation of the Non-Compliant
Equipment and the Company must relocate the Equipment as follows:
(i) above ground Equipment must be relocated within 90 days of the Company
receiving a Relocation Notice from the Municipality;
(ii) below ground Equipment must be relocated within 180 days of the Company
receiving a Relocation Notice from the Municipality, such Relocation Notice to be
issued by the Municipality only in the event the Municipality approves plans to re-
open the site where the Non-Compliant Equipment is located;
Prior to removal or relocation of Non-Compliant Equipment, the Company must obtain a
new alignment approval from the Municipality.
If the Company fails to remove or relocate Non-Compliant Equipment as a result of
receiving a Relocation Notice from the Municipality, the Municipality may, in its sole
and unfettered discretion, complete the removal or relocation and any associated
restoration and the Company must pay to the Municipality all reasonable and verifiable
costs related to the relocation and restoration.
3. APPLICABLE PERMITS
3.1 Permits.
(a) Subject to Section 3.2 and 3.4, the Company shall not occupy, excavate, break up,
disturb, or move oversized or overweight vehicles within a Municipality ROW,
where a Permit is required in accordance with this Agreement and Schedule “B”,
without first obtaining such Permit.
(b) For each Permit required above, where applicable, the Company shall submit to the
Municipality a completed application, in a form specified by the Municipality and
including all Fees in effect throughout the Term as set out in Schedule “A” to this
Agreement as well as any Security required under this Agreement.
3.2 No Permits for routine Work. Notwithstanding Section 3.1, the Company may, with
advance notice as required by the Municipality, without first obtaining a Permit:
(a) utilize existing ducts or similar structures of the Equipment with at least twenty-
four (24) hours advance notice to the Municipality;
(b) carry out routine maintenance and field testing to its Equipment; and
(c) install and repair Service Drops;
provided that in no case shall the Company break up or otherwise disturb the physical hard
surface of the ROW without the Municipality’s prior written consent.
3.3 Expiry of Permit. In the event that the Company has not commenced construction of the
approved Work associated with a particular Permit within one (1) year of the date of
issuance of the Permit and has not sought and received an extension to the Permit from the
Municipality, which extension shall not be unreasonably withheld, the Permit shall be null
and void. In such circumstances, any fees paid by the Company in respect of the expired
Permit shall not be refunded and the Company must obtain a new Permit for the Work.
3.4 Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall,
prior to undertaking any Work that requires a Municipal Consent, submit the following to
the Municipal Engineer:
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(a) construction plans of the proposed Work, showing the locations of the proposed
and existing Equipment and other facilities, and specifying the boundaries of the
area within the Municipality within which the Work is proposed to take place;
(b) Traffic control plans for the protection of the workers, public and traveling public
including detours as required to minimize traffic disruption; and
(c) all other relevant plans, drawings and other information as may be normally
required by the Municipal Engineer from time to time for the purposes of issuing
Permits.
3.5 Refusal to issue Permits. The Municipality may refuse to issue a Permit in accordance
with Section 3.1 for any bona fide municipal purpose, including but not limited to reasons
of public safety and health, conflicts with existing infrastructure, proposed road
construction, or the proper functioning of public services, all as identified in writing by the
Municipality, having regard to the public interest in having access to communications,
including 911 access services. The Municipality shall make good faith effort to provide
consent to alternative suggestions, wherever possible, for routing the Equipment Within
the ROW to assist the Company in its efforts to facilitate the installation of its Equipment.
3.6 Restoration of the Company’s service during Emergencies. Notwithstanding Section
3.1, in the event of an Emergency, the Company shall be permitted to perform such
remedial Work as is reasonably necessary to restore its services without complying with
Section 3.1; provided that such Work does not unduly disrupt any Municipal service or
activity and provided that the Company does comply with Section 3.1 within five (5)
business days of completing the Work.
3.7 Temporary changes by Municipality. Notwithstanding any other provision in this
Agreement, the Municipality reserves the right to set, adjust or change the approved
schedule of Work by the Company for the purpose of coordinating or managing any major
events or activities, including the restriction of any Work during those restricted time
periods; provided however, that any such adjustment or change shall be conducted so as
minimize interruption to the Company’s operations. The Municipality shall use its
commercially reasonable efforts to provide to the Company forty-eight (48) hours advance
written notice of any change to the approved schedule of Work, except that, in the case of
any Emergency, the Municipality shall provide such advance notice as is reasonably
possible in the circumstances.
3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the
Telecommunications Act (Canada). The Municipality agrees and acknowledges that,
subject to satisfaction and performance of all terms and conditions both hereto and
provided herein and the granting and issuance of any Roads Permit authorizing installation
of Equipment as contemplated by this Agreement and in relation to a location specified
therein shall be considered and deemed to represent municipal consent to such installation
and use thereof as is required pursuant to applicable laws of the Dominion of Canada,
including but not limited to the Telecommunications Act, S.C. 1993, c. 38, as amended.
4. MANNER OF WORK
4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to
the satisfaction of the Municipality and in accordance with:
(a) the applicable laws (and, in particular, all laws and codes relating to occupational
health and safety);
(b) the Municipal Guidelines;
(c) this Agreement; and
(d) the applicable Permits issued under Section 3.1.
provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable
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Permits do not conflict with federal law.
4.2 Underground Equipment. The Company shall place those portions of the Equipment that
cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in
concrete, or as otherwise specified by the Municipality. Service drops are not required to
be in ducts.
4.3 Installation. The Company shall utilize construction methods that minimize the impact on
the ROWs, including but not limited to trenchless installation technology and single trench
installation methods.
4.4 Stoppage of Work. The Municipality may order the stoppage of the Work for any bona
fide municipal purpose or cause relating to public health and safety, special events or any
circumstances beyond its control. In such circumstances, the Municipality shall provide the
Company with a verbal order and reasons to stop the Work and the Company shall cease
the Work immediately. Within two (2) business days of the verbal order, the Municipality
shall provide the Company with a written stop work order with reasons. When the reasons
for the Work stoppage have been resolved, the Municipality shall advise the Company
immediately that it can commence the Work.
4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the
placement of new Equipment Within the ROW, the Company shall, where commercially
reasonable and technically practicable, coordinate its work with other existing and new
occupants of the ROW.
4.6 Identification of contractors. The Company shall ensure that all of its contractors have
proper identification visible on the Work site displaying the name of the Company for
which they work.
4.7 Emergency contact personnel. The Company and the Municipality shall provide to each
other a list of twenty-four (24) hour emergency contact personnel available at all times and
shall ensure that the list is kept current.
4.8 Emergency work by Municipality. In the event of an Emergency, the Municipality may
take such measures it deems necessary to re-establish a safe environment, and the
Company shall pay the Municipality’s reasonable and verifiable costs that are directly attributable
to the Work or the presence of the Equipment in the ROWs.
4.9 “As-built” drawings. The Company shall, no later than ninety (90) days after completion
of any Work, provide the Municipal Engineer with accurate “as-built” drawings, prepared
in accordance with such standards as may be required by the Municipal Engineer, sufficient,
for planning purposes, to accurately establish the location of the Equipment installed
Within the ROWs. As-built drawings to be provided in electronic format suitable to be
incorporated into the Municipality’s GIS mapping. As-built information is provided a
reference only. The Municipality shall direct all inquiries regarding the location of the
Equipment to the Company. Access to Company As-Built records are for use by the
Municipality only and shall not be distributed or disclosed to other parties without prior
written consent of the Company. If the Municipality has not received the As-built drawings
from the Company within 90 calendar days following the completion of the Work, the
Equipment will be considered to be Non-Compliant Equipment.
4.10 Agents and Sub-contractors. Each Party agrees to work with the other Party directly to
resolve any issues arising from any the acts, omissions or performance of its agents and
sub-contractors.
5. REMEDIAL WORK
5.1 General. Following the completion of any Work, the Company shall leave the ROW in a
neat, clean, and safe condition and free from nuisance, all to the satisfaction of the
Municipality. Subject to Section 5.5, where the Company is required to break or disturb
the surface of a ROW to perform its Work, it shall repair and restore the disturbed surface
of the ROW to the same or better condition it was in before the Work was undertaken, all
in accordance with the Municipal Guidelines and to the satisfaction of the Municipality.
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5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise
disturbed the surface of a ROW, the Company shall restore the ROW which the Company
has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the
commencement of the Work.
5.3 Temporary repair. Where weather limitations or other external conditions beyond the
control of the Company do not permit it to complete a final repair to the ROW within the
expected period of time, the Company may complete a temporary repair to the ROW;
provided that, subject to Section 5.5, the Company replaces the temporary repair with a
final repair within a reasonable period of time. All repairs to the ROW by the Company
shall be performed in accordance with the Municipal Guidelines and to the satisfaction of
the Municipality.
If a temporary repair gives rise to an unsafe condition, then this shall be deemed to
constitute an Emergency and the provisions of Section 4.8 shall apply.
5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of
the Municipality until such time as the final repair is completed by the Company, or, where
the Municipality is performing the final repair, for a period of one (1) years or until such
time as the final repair is completed by the Municipality, whichever is earlier. The
Company shall warrant its final repairs for a period of two (2) years from the date of their
completion
5.5 Repairs completed by Municipality. Where:
(a) the Company fails to complete a temporary repair to the satisfaction of the
Municipality within seventy-two (72) hours of being notified in writing by the
Municipality, or such other period as may be agreed to by the Parties; or
(b) the Company and the Municipality agree that the Municipality should perform the repair,
then the Municipality may effect such work necessary to perform the repair and the
Company shall pay the Municipality’s reasonable and verifiable direct costs of performing
the repair.
6. LOCATING FACILITIES IN ROWs
6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record
and maintain adequate records of the locations of its Equipment. Each Party shall, at its
own cost and at the request of the other Party (or its contractors or authorized agents),
physically locate its respective facilities by marking the ROW using paint, staking or other
suitable identification method (“Locates”), under the following circumstances:
(a) in the event of an Emergency, within two hours of receiving the request or as soon
as practicably possible, following which the requesting Party will ensure that it has
a representative on site (or alternatively, provide a contact number for its
representative) to ensure that the area for the Locates is properly identified; and
(b) in all other circumstances, within a time reasonably agreed upon by the Parties. 6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any
request from the other Party for a mark-up of municipal infrastructure or Equipment design
drawings showing the location of any portion of the municipal infrastructure or Equipment,
as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-
ups”), and shall provide such accurate and detailed information as may be reasonably
required by the requesting Party.
6.3. Inaccurate Locates. Where the Company’s Locates are found to be in error, where the
actual location of the Equipment is found to be beyond 1 meter horizontally on either side
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of the Locates, and, as a result, the Municipality is unable to install its facilities Within the
affected ROWs in the manner it expected based on the Locates provided by the Company
(the “Error”), the Municipality will notify the Company of the Error, following which the
Company shall attempt to resolve the Error. If the Company is unable to resolve the Error
in a reasonable time commensurate with the situation, the Company will pay the
Municipality for its reasonable and verifiable costs incurred as a direct result of the Error.
An Inaccurate Locate resulting from Equipment relocated due to ground movement
stemming from, among other things, weather conditions or work or activities carried out
by a Third Party, or by, or on behalf of, the Municipality, is not an Error. In the event of a
disagreement as to the existence of an Error, the parties agree to work together to determine
whether or not the Error stems from ground movement or work or activities carried out by
a Third Party, or by, or on behalf of, the Municipality. If it is determined that the conditions
of the municipal right-of-way have changed, the parties agree to be reasonable, including
with respect to the allocation of direct costs stemming from the change.
7. RELOCATION OF EQUIPMENT 7.1 Municipality Request. Where the Municipality requires and requests the Company to
relocate its Equipment for a bona fide municipal purpose, the Municipality shall notify the
Company in writing and, the Company shall complete the requested relocation within
ninety (90) days, having regard to the nature of the relocation required, the Company shall
commence work to relocate its Equipment within a Right- of-Way.
7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company’s
Equipment or performing such work referenced, where the Municipality has made a request
to the Company to relocate its Equipment as set out above will, for the purposes of this
Agreement, be based upon the following chart and include all associated costs (labour,
materials, design etc.) as well as depreciation, betterment and recovery of costs:
Year(s) After
Installation of
Equipment
Percentage of Relocation
Costs Paid
by the Municipality 1 100%
2 100%
3 100%
4 90% 5 80%
6 70% 7 65%
8 60%
9 55%
10 45% 11 40%
12 35%
13 30%
14 20% 15 10%
16 5%
17+ 0% 7.3 Exceptions.
(a) Notwithstanding section 7.2, the Municipality shall be solely responsible for paying
all costs related to equipment relocation if the relocation is for beautification or
aesthetic purposes. Such costs include, among others, depreciation, betterment, and
recovery costs.
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(b) Notwithstanding section 7.2, where the Municipality has given written notice to the
Company prior to the issuance of a Road Permit that the location of the Equipment
subject to the Road Permit will require relocation within five (5) years, and the
Company proceeds to install the equipment despite receiving such notice, then the
full cost of any relocation of the Equipment shall be at the Company’s sole expense.
7.4 Upon Request of the Company. In the event that the Company wishes to relocate
Equipment which has been previously installed in accordance with this Agreement at its
own expense, the Company shall notify the Municipality of such request, in writing, and
such request will thereafter be considered and administered by the Municipality acting
reasonably and with diligence giving due consideration to the scope of the works already
undertaken by the Company Within the ROWs, provided that, in considering and
administering such request the Municipality shall be entitled to take into consideration any
specific municipal or engineering interests affected by such relocation including any
additional facilities located Within the ROWs. Notwithstanding the foregoing, the
Municipality shall not be permitted to unreasonably withhold, delay or condition its
approval for such request.
7.5 Request by Third Party. Where relocation of Equipment is required due to the
Municipality accommodating a third party (hereinafter "Third Party Work"), the
required relocation or related installation work shall be conducted by the Company in
accordance with the terms of this Agreement respecting installation, and the full cost of the
amendment or Relocation shall be borne solely by the third party and paid in advance. The
Municipality agrees to provide the Company with ninety (90) days' notice of the need for
any such Third Party Work and to require that the relevant third party or parties bear the
full cost of such Third Party Work and indemnify the Company against all claims and
liabilities arising from the amendment or Relocation as a condition precedent to any such
amendment or Relocation.
7.6 Municipality efforts. Where any relocation of Equipment occurs, the Municipality will
make good faith efforts to provide alternative routes for the Equipment affected by the
relocation to ensure uninterrupted service to the Company’s customers. Once the Company
has provided the Municipality with all information the Municipality requires to enable it to
process a Permit application, the Municipality shall provide, on a timely basis, all Permits
required to allow the Company to relocate the Equipment.
7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall,
upon reasonable prior notice to the Municipality, have the right to:
(a) temporarily reconstruct or realign certain portions of the Road Allowances in order
to permit the delivery or movement of Equipment.
8. PAYMENT OF FEES AND OTHER CHARGES 8.1 General. The Company covenants and agrees to pay to the Municipality Permit fees,
deposits and security associated with and required or reasonably demanded pursuant to this
Agreement. The Permit fees and charges and security are set out in this Agreement and in
Schedule “A” to this Agreement.
8.2 Fees. The Company covenants and agrees to pay to the Municipality applicable fees as laid
out in Schedule “A” (“Fees and Charges”).
8.3 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any
payments to be made under this Agreement, the Party requesting payment shall first send
a written invoice to the other Party, setting out in detail all amounts owing, including any
applicable provincial and federal taxes and interest payable on prior overdue invoices, and
the payment terms. The Parties agree that all payments shall be made in full by no later
than forty-five (45) days after the date of the invoice was received.
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8.4 Default. Any failure or refusal by the Company to pay any required Fee or Charge as set
out in Schedule “A”, any cost required by this Agreement or deliver any Security required
under this Agreement within the timelines specified herein shall constitute a default
(“Default”). Upon the occurrence of a Default, the Municipality shall deliver a Notice of
Default in writing to the Company. The Company shall have thirty (30) days to cure the
Default (the “Cure Period”). In the event that the Default is not cured within the Cure
Period, then the Municipality shall have the right to draw upon the Blanket Security
described in section 10.7 of this Agreement.
8.5 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the
Municipality harmless from, all taxes lawfully imposed now or in the future by the
Municipality, a local municipality within the geographic jurisdiction of the Municipality,
or all taxes, rates, duties, levies or fees lawfully imposed now or in the future by any
regional, provincial, federal, parliamentary or other governmental body, corporate
authority, agency or commission (including, without limitation, school boards and utility
commissions) but excluding the Municipality, that are attributable to the Company’s use
of a Municipality ROW.
9. TERM AND TERMINATION
9.1 Initial term and renewal. Subject to the renewal options described in subparagraph 9.1(a)
and termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this Agreement
shall commence on the 28th day of June 2022 and expire and terminate due to expiry on
27th day of June, 2027 (the “Initial Term”).
(a) The Company in its sole discretion may renew this Agreement with the
Municipality for three (3) separate consecutive renewal terms of five (5) years each.
To exercise the first option to renew, the Company must provide the Municipality
written notice of such election to renew prior to the expiry of the Initial Term,
failing which the Agreement will terminate due to expiry. To exercise the second
option to renew, the Company must provide the Municipality written notice of such
election to renew prior to the expiry of the first valid five-year extension, failing
which the Agreement will terminate due to expiry. To exercise the third option to
renew, the Company must provide the Municipality written notice of such election
to renew prior to the expiry of the second valid five-year extension, failing which the
Agreement will terminate due to expiry.
(b) If a renewal is not exercised prior to the last day of the Initial Term or valid
extension, this Agreement shall terminate immediately on the last day of the Term
or valid extension, subject to paragraph 9.4 of this Agreement.
9.2 Termination by either Party. Either Party may terminate this Agreement without further
obligation to the other Party, upon providing at least seven (7) days’ written notice in the
event of a material breach of this Agreement by the other Party after notice thereof and
failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of
the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy
or cure the breach within such thirty (30) day period, then the breaching Party shall
commence to remedy or cure the breach within such thirty (30) day period and shall
complete the remedy or cure within the time period stipulated in writing by the non-
breaching Party.
9.3 Termination by Municipality. The Municipality may terminate this Agreement by
providing the Company with at least seven (7) days written notice in the event that:
(a) the Company becomes insolvent, makes an assignment for the benefit of its
creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or
becomes voluntarily subject as a debtor to the provisions of the Companies’
Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(b) the Company assigns or transfers this Agreement or any part thereof other than in
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accordance with Section 18.2; or
(c) the Company ceases to be eligible to operate as a Carrier.
9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding any other provision of this Agreement, if this Agreement is terminated (other than in accordance with Section 9.3) or expires without renewal, then, subject to the Company’s rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the
Municipality in writing that it no longer requires the use of the Equipment:
(a) the terms and conditions of this Agreement shall remain in full force and effect until
a new replacement agreement (a “New Agreement”) is executed by the Parties; and
(b) the Parties shall enter into meaningful and good faith negotiations to execute a New
Agreement and, if, after six (6) months following the expiry of this Agreement, the
Parties are unable to execute a New Agreement, then either Party may apply to the
CRTC to establish the terms and conditions of the New Agreement.
9.5 Removing abandoned Equipment. Where the Company advises the Municipality in
writing that it no longer requires the use of any Equipment, the Company shall, at the
Municipality’s request and within a reasonable period of time as agreed to by the Parties,
act as follows at the Company’s sole cost and expense:
(a) Remove the abandoned Equipment that is above ground;
(b) Subject to (c) immediately below, make safe any underground vaults, manholes and
any other underground structures that are not occupied or used by a Third Party,
(collectively “Abandoned Underground Structures”);
(c) Where, in the reasonable opinion of the Municipal Engineer, the Abandoned
Underground Structures will interfere with any municipally-approved project that
will require excavation or otherwise disturb the portions of the ROWs in which the
Abandoned Underground Structures are located, then the Company shall, at or
about the time the excavation of such portions of the ROWs for said project
commences, remove the Abandoned Underground Structures therein.
Upon removal of the abandoned Equipment or upon the removal or making safe of
Abandoned Underground Structures, the Company shall repair any damage resulting from
such removal or making safe and restore the affected ROWs to the condition in which they
existed prior to the removal or making safe. If the Company fails to remove Equipment or
to remove or make safe Abandoned Underground Structures and restore the ROWs within
the time specified above, and to the satisfaction of the Municipal Engineer, the
Municipality may complete said work and the Company shall pay the associated
Municipality’s Costs.
9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this
Agreement, each Party shall continue to be liable to the other Party for all payments due
and obligations incurred hereunder prior to the date of such expiry or termination.
10. INSURANCE AND SECURITY
10.1 General. Throughout the term of this Agreement and any renewals or extension thereto,
the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in
an amount and description as described below to protect the Company and the Municipality
from claims for damages, bodily injury (including death) and property damage which may
arise from the Company’s operations under this Agreement, including the use or
maintenance of the Equipment Within the ROWs or any act or omission of the Company
and its employees, contractors and agents while engaged in the Work. The Company
Insurance shall include all costs, charges and expenses reasonably incurred with any injury
or damage.
10.2 Commercial general liability occurrence-based insurance. Without limiting the
generality of the foregoing, the Company shall obtain and maintain commercial general
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liability occurrence-based insurance coverage which:
(a) covers claims and expenses for liability for personal injury, bodily injury and
property damage in an amount not less than Five Million Dollars ($5,000,000.00)
per occurrence (exclusive of interest and costs);
(b) extends to cover the contractual obligations of the Company as stated within this
Agreement;
(c) include the Municipality as an additional insured;
(d) contains cross liability and severability of interest clauses.
10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the
Company shall provide on the Municipality’s standard form, the Municipality with
certificates of insurance in respect of the Company Insurance evidencing the cross liability
and severability clauses and confirming the Municipality as an “additional insured”.
Thereafter, the Company shall provide the Municipality with evidence of all renewals of the
Company Insurance in a form acceptable to the Municipality.
10.4 General insurance conditions.
(a) The Company Insurance shall not be construed to, and shall in no manner, limit or
restrict the Company’s liability or obligations under this Agreement.
(b) The Municipality shall not be liable for any premiums relating to policies under the
Company Insurance.
(c) The policies under the Company Insurance shall provide:
(i) that they are primary insurance which will not call into contribution any
other insurance available to the Municipality;
(ii) a waiver for severability of interest; and
(iii) that the Company Insurance shall not be cancelled, lapsed or materially
changed to the detriment of the Municipality without at least thirty (30)
business days’ notice to the Municipality by mail.
(d) The Company will immediately notify the Municipality of any changes to or
cancellation of the Company Insurance if they will directly affect or reduce the
coverage made available to the Municipality.
10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety
and Insurance Board (“WSIB)” clearance certificate that confirms the Company is in good
standing with the WSIB. The Company shall ensure the WSIB clearance remains in effect
when the Company’s personnel are working within the ROWs.
10.6 Blanket Letter of Credit. If requested by the Municipality, the Company shall, within thirty
(30) days thereafter, post an irrevocable blanket letter of credit, for the minimum amount
of ten thousand dollars ($10,000.00) (the “Blanket Security”). Once posted by the
Company, the Municipality may draw upon the Blanket Security and apply the funds therein
against any undisputed outstanding financial obligations owed by the Company to the
Municipality under this Agreement.
10.7 Blanket Security - Term. The Blanket Security, if requested, shall be posted for a
maximum of up to three (3) years and until such time as the Municipality determines that
the Company has established a satisfactory business relationship with the Municipality. If
the Municipality is required to draw upon the Blanket Security, the Municipality shall
advise the Company and the Company shall, within fourteen (14) days thereafter restore
the Blanket Security to its original value.
10.8 Project-specific Security. The Municipality may also reasonably request, and the
Company shall provide, additional project-specific securities for Work projects in an
amount equal to the estimated restoration costs of the projects as determined by the Parties.
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The Municipality shall release the project-specific security once the Company has fulfilled
the conditions of the applicable Permit relating to the restoration of the ROW to the
satisfaction of the Municipality.
11. RESPONSIBILITY AND INDEMNIFICATION
11.1 No liability Municipality. The Company hereby acknowledges that the placement,
installation, construction, reconstruction, inspection, maintenance, operation, alteration,
enlarging, repair, replacement, relocation and/or removal of the Equipment by the
Company is performed entirely at the risk of the Company and that the Municipality shall
in no way or under any circumstances be responsible or liable to the Company, its
contractors, agents, or customers for any damage or losses in consequence thereof, unless
due to the negligence of the Municipality or those for whom at law it is responsible.
11.2 Company Indemnity. The Company hereby releases, indemnifies, completely holds
harmless, and agrees to defend the Municipality, its Councillors, officers, employees, legal
counsel, agents and contractors, from and against any and all suits, judgments, claims,
demands, expenses, actions, causes of action, duties, assessments, fees, penalties,
liabilities, losses and costs which the Municipality and its successors and assigns may at
any time or times hereafter bear, sustain, or suffer, as a result of the Equipment, including
without limitation, its placement, installation, construction, reconstruction, inspection,
maintenance, use, operation, alteration, enlarging, repair, replacement, relocation and/or
removal.
11.3 Municipality Acknowledgement. The Municipality hereby acknowledges that it is
responsible for its negligence and the negligence of those for whom it is responsible for at
law.
11.4 Municipality Indemnity. The Municipality hereby releases, indemnifies, completely holds
harmless, and agrees to defend the Company, its officers, employees, legal counsel, agents
and contractors, from and against any and all suits, judgments, claims, demands, expenses,
actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs
which the Company and its successors and assigns may at any time or times hereafter bear,
sustain, suffer, be put to or incur by reason of its negligence and the negligence of those
for whom it is responsible at law.
11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither Party shall be liable to any person in any way for special, incidental, indirect, consequential,
exemplary, or punitive damages, including damages for pure economic loss or failure to
realize expected profits, howsoever caused, or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder
11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party
shall survive the termination or expiry of this Agreement.
12. ENVIRONMENTAL LIABILITY 12.1. Municipality not responsible. The Municipality is not responsible, either directly or
indirectly, for any damage to the natural environment or property, including any nuisance,
trespass, negligence, or injury to any person, howsoever caused, arising from the presence,
deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection
with the Company’s occupation or use of the ROWs, unless such damage was caused
directly or indirectly by the negligence or willful misconduct of the Municipality or those
for which it is responsible in law.
12.2. Company to assume environmental liabilities. The Company agrees to assume all
environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever
relating to its use of the ROWs, including, without limitation, any liability for the clean-
up, removal or remediation of any Hazardous Substance on or under the ROWs that result
from:
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(a) the occupation, operations or activities of the Company, its contractors, agents or
employees or by any person with the express or implied consent of the Company
Within the ROWs; or
(b) any Equipment brought or placed Within the ROWs by the Company, its
contractors, agents or employees or by any person with the express or implied
consent of the Company;
unless such damage was caused directly or indirectly in whole or in part by the negligence
or willful misconduct on the part of the Municipality or those for which it is responsible in
law.
The Municipality agrees to provide notice to the Company of any liability arising under
this provision in a reasonable period of time after the occurrence. For clarity, the Company
shall not be liable in any manner for any events which occurred before the Equipment
occupied the ROW.
13. NO JOINT VENTURE, PARTNERSHIP OR CO-OWNERSHIP
13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely
an access agreement and that no relationship is formed between the Parties in the nature of
a joint venture, partnership co-ownership arrangement or other similar relationship.
14. FORCE MAJEURE 14.1 Force Majeure. Except for the Parties’ obligations to make payments to each other under
this Agreement, neither Party shall be liable for a delay in its performance or its failure to
perform hereunder due to causes beyond its reasonable control, including, but not limited
to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions
on forms of commercial activity; or order of any civil or military authority; national
emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force
Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be
given by the Party unable to perform to the other Party and the Party unable to perform
shall be permitted to delay its performance for so long as the occurrence continues. Should
the suspension of obligations due to Force Majeure exceed two (2) months, either Party
may terminate this Agreement without liability upon delivery of notice to the other Party.
15. DISPUTE RESOLUTION 15.1 General. The Parties hereby acknowledge and agree that:
(a) this Agreement has been entered into voluntarily by the Parties with the intention
that is shall be final and binding on the Parties until it is terminated or expires in
accordance with its terms;
(b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be
resolved in a fair, efficient, and timely manner without incurring undue expense
and, wherever possible, without the intervention of the CRTC; and
(c) the CRTC shall be requested by the Parties to consider and provide a decision
only with respect to those matters which form the basis of the original Dispute as
set out in the Dispute Notice issued under this Section 15.
15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim
or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly
through discussions at the operational level. In the event a resolution is not achieved, the
disputing Party shall provide the other Party with written notice of the Dispute and the
Parties shall attempt to resolve such Dispute between senior officers who have the authority
to settle the Dispute. All negotiations conducted by such officers shall be confidential and
shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the
Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, the
Parties agree to utilize the services of a mutually agreed upon independent third party
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mediator. The mediator shall be knowledgeable regarding the area of the disputed issue.
The mediator shall meet with the Parties together or separately, as necessary, to review all
aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves
prior to proceeding to legal proceedings and/or the CRTC, the mediator shall provide,
without prejudice, a non-binding written recommendation for settlement, within thirty (30)
days of holding a mediation. Upon receipt of the written settlement recommendation, if an
agreement cannot be reached, either Party may initiate legal proceedings and/or submit the
Dispute to the CRTC for resolution.
15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the
Municipality and the Company agree to continue performing their respective obligations
under this Agreement while a Dispute is subject to the terms of this Section 15.
16. NOTICE
16.1 Method of Notice. Any notice required may be sufficiently given by personal delivery or,
if other than the delivery of an original document, by facsimile transmission or electronic (e-
mail) transmission, to either Party at the following addresses:
To the Municipality: The Corporation of the Municipality of Bayham Attn: CAO
56169 Heritage Line Straffordville, Ontario N0J 1Y0 To the Company: Execulink Telecom Inc.
11127 Ridgeway Road
Woodstock, ON, N4V 1E3 16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have
been received on the date on which it was delivered in person, or, if transmitted by facsimile
or electronic transmission during the regular business hours of the Party receiving the
notice, on the date it was transmitted, or, if transmitted by facsimile outside regular
business hours of the Party receiving the notice, on the next regular business day of the
Party receiving the notice; provided, however, that either Party may change its address
and/or facsimile number for purposes of receipt of any such communication by giving ten
(10) days’ prior written notice of such change to the other Party in the manner described
above.
17. FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY INDEMNITY
17.1 Notwithstanding anything to the contrary herein, the Municipality, in its administration of
this Agreement, shall refrain from offering, giving or promising, directly or indirectly,
money or anything of value to a Canadian or foreign governmental official to influence the
official in his or her official capacity, induce the official to do or omit to do an act in
violation of his or her lawful duty, or to secure any improper advantage in order to assist
in obtaining or retaining business for or with, or directing business to, any person. For the
purposes of this Section, "anything of value" includes, but is not limited to, cash or a cash
equivalent, discounts, gifts, use of materials, facilities or equipment, entertainment, drinks,
meals, transportation, lodging, insurance benefits, or promise of future employment.
"Governmental official" shall mean any person holding any level of legislative,
administrative, or judicial office of the Canadian or a foreign government or any of its
departments or agencies or divisions; any person acting on behalf of the Canadian or a
foreign government, including a local or provincial agency, enterprise, or organization; any
official or agent of a Canadian or a foreign public administration or publicly funded
organization; any official of a Canadian or a foreign political party; any officer or agent of
a public international organization (e.g., World Bank, International Monetary Fund, World
Health Organization, United Nations, World Trade Organization); or any relatives or close
family/household members of any of those listed above. The Municipality shall indemnify
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and hold harmless the Company from all claims brought against the Company as a result of
the Municipality or its representatives' failure to comply with Anti-Bribery Law. The
Municipality shall immediately report any breach of Anti-Bribery Law by the Municipality
or its representatives. The Municipality shall immediately report any breach of Anti-
Bribery Law by the Municipality or its representatives'. The Company shall have the right to
audit the Municipality’s books and records with respect to payments made on behalf of the
Company in the event that the Company believes that the Municipality has violated this Section 17.
The Company shall have the right to immediately terminate all payments to the Municipality under
this Agreement if the Municipality fails to comply with this Section 17.
18. GENERAL
18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto,
constitute the complete and exclusive statement of the understandings between the Parties
with respect to the rights and obligations hereunder and supersedes all proposals and prior
agreements, oral or written, between the Parties.
18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, the
Company shall, provided that it is not in material breach of this Agreement, have the right
to assign this Agreement to an Affiliate without the consent of the Municipality, provided
that the Company has given notice to the Municipality.
18.3 Gender and number. In this Agreement, words importing the singular include the plural
and vice versa, words importing gender, include all genders.
18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are
to the lawful currency of Canada.
18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance
of its obligations and the exercise of its rights and discretion under this Agreement.
18.6 Amendments. Except as expressly provided in this Agreement, no modification of or
amendment to this Agreement shall be effective unless agreed to in writing by the
Municipality and the Company.
18.7 Survival. The terms and conditions contained in this Agreement that by their sense and
context are intended to survive the performance thereof by the Parties hereto shall so
survive the completion of performance, the expiration and termination of this Agreement,
including, without limitation, provisions with respect to indemnification and the making of
any and all payments due hereunder.
18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder
or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The
single or partial exercise of a right, power or remedy shall not prevent its subsequent
exercise or the exercise of any other right, power or remedy.
18.9 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision and everything else in this Agreement shall continue in full force and effect.
18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the
Parties hereto and their respective legal representatives, successors, and permitted assigns,
and may not be changed or modified except in writing, duly signed by the Parties hereto.
18.11 Counterparts: This Agreement may be executed by the Parties and delivered by facsimile
or PDF transmission and in one or more counterparts which when held together shall be
considered one and the same Agreement.
18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law
or equity, seek equitable relief, including without limitation, injunctive relief, and specific
performance to enforce its rights or the other party’s obligations under this Agreement.
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18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario
and all federal laws of Canada applicable therein.
IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date as set out at
the top of page one (1) of this Agreement.
SIGNED, SEALED AND DELIVERED
in the presence of:
CORPORATION OF THE MUNICIPALITY OF BAYHAM Date: ,
Ed Ketchabaw, Mayor
Date:
Thomas Thayer, Chief Administrative Officer We have the authority to bind the Corporation
SIGNED, SEALED AND DELIVERED
in the presence of:
EXECULINK TELECOM INC.
Date: ,
Per: Yasmin Charania Title: Chief Financial Officer
I/We have the authority to bind the Corporation
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SCHEDULE "A"
Fees and Charges
Telecommunication Equipment Consent and Road User Agreement
By-Law Fee/Charge Amount
2019-025 Municipal Consent $50.00
2019-025 Road Permit $60.00
SCHEDULE "B"
Permits required by the Municipality
Telecommunication Equipment Consent and Road User Agreement
WORK ACTIVITY MC
RP Notification
only
No Permit or
Notification
Road occupation that causes no disruption to traffic or
pedestrian flow to perform Work X
Work that requires oversize or overweight vehicles X
Road Occupancy that involves the temporary closure of a
vehicle travel lane, parking lane to perform Work X
Emergency Work with no Excavation, no utilization of trees and
or other municipal infrastructure as a support structure X
Any installation of Equipment that requires Excavation1 in the
ROW, including:
the installation of buried Equipment crossing a road;
the installation of new Above-ground Plant;
the relocation of buried Equipment or Above-ground
Equipment;
the replacement of existing Above-ground Equipment with
equipment that is significantly larger; and
the installation of buried Service Drops that cross a road or
a break a hard surface of the ROW.
X X
The installation of aerial Equipment (excluding aerial Service
Drops) X
Tree trimming on ROWs X
The replacement of existing above-ground Equipment without
adding more Equipment or significantly increasing its size (pole
replacements excluded)
X
The installation of buried Service Drops that do not cross a road
or break the hard surface of a ROW X
Pulling cable through existing underground duct X
The installation of or repair to aerial Service Drops X
The maintenance, testing and repair of Equipment where there
is minimal physical disturbance or changes to the ROW X
Any other Work activity agreed to by the Municipality X
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-56/22 SUBJECT: SITE PLAN AGREEMENT – JOHN AND JENNIFER KLASSEN – 9253 PLANK
ROAD, STRAFFORDVILLE (APPLICATION NO. SPA-06/21)
BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022,
be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022,
Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of
Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046. In July 2021, John and Jennifer Klassen submitted a Site Plan Control Application for the
property known municipally as 9253 Plank Road, Straffordville. A revised Site Plan Control Application for this file was received in March 2022.
DISCUSSION John and Jennifer Klassen are expanding their auto parts business by constructing a 230 m2 (2,476 ft2) shop addition to the existing 236 m2 (2,540 ft2) building. They will be adding a parking lot to the south side of the building designed to encapsulate water runoff as above-ground fire water storage. The parking area will have accessible parking spaces and will lead to the customer entrance on the south side. The one (1) loading space will remain on the east side of the original building with no customer access; this area is only a shipping/receiving area. Drainage and surface water management will be addressed through the use of a drywell. A Fire Safety Equipment Box will be placed on-site to contain a rubber mat and sandbags to be placed over the top of the
drywell grate in the event of a fire emergency to prevent contaminated water from entering the storm sewer system. The County was consulted and approved the site plan with their comments and recommendations incorporated in to the design.
The applicants are looking to commence construction very soon, with completion before September 30, 2023.
As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only.
ATTACHMENTS
1. Site Plan Control Application – John and Jennifer Klassen – 9253 Plank Road, Straffordville 2. Executed Agreement between The Corporation of the Municipality of Bayham and John and Jennifer Klassen, 9253 Plank Road, Straffordville RECOMMENDATION
1. THAT Report CAO-56/22 re Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road, Straffordville (Application No. SPA-06/21) be received for information.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-57/22 SUBJECT: SITE PLAN AGREEMENT – 2572306 ONTARIO INC. (“THE MEADOWS”) –
PART LOTS 23 AND 24, CONCESSION 9, BAYHAM (APPLICATION NO. SPA-
02/21)
BACKGROUND
At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022, be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022, Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046. In October 2021, a Site Plan Control Application for Part Lots 23 and 24, Concession 9, Bayham was submitted to the Municipality. Additional information was provided at various points in 2022. The application was deemed complete in September 2022.
DISCUSSION The Meadows met with Municipal staff in September 2019 to discuss a potential expansion to the mobile home park. It was determined that site plan approval was required prior to any further infilling of the MH-2 Zoned area as a follow up to the 2012 rezoning. Site plan approval is necessary to establish an “as is” snapshot of the existing park in order to have the basis of information needed to proceed with expansion. The “as is” information provided to the Municipality and included in the Site Plan Agreement
includes existing stormwater management, servicing, road network, and lot layout. It is anticipated that there will be an expansion proposal coming forward in the near future.
As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only. ATTACHMENTS 1. Site Plan Control Application – 2572306 Ontario Inc. (“The Meadows”) – Part Lots 23
and 24, Concession 9, Bayham 2. Executed Agreement between The Corporation of the Municipality of Bayham and
2572306 Ontario Inc. (“The Meadows”), Part Lots 23 and 24, Concession 9, Bayham RECOMMENDATION 1. THAT Report CAO-57/22 re Site Plan Agreement – 2572306 Ontario Inc. (“The
Meadows”) – Part Lots 23 and 24, Concession 9, Bayham (Application No. SPA-02/21) be received for information.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-58/22 SUBJECT: CAPITAL ITEMS PR-02 AND PR-03 – VIENNA COMMUNITY PARK AND
CANOE/KAYAK LAUNCH
BACKGROUND At its August 18, 2022 meeting, Council received Report CAO-39/22 re Public Comments Received – Comment Period for Use of the Vienna Community Improvement Reserve Fund and passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-39/22 re Public Comments Received – Comment Period for Use of
the Vienna Community Improvement Reserve Fund be received for information; AND THAT Council direct staff to investigate and report back on the costing of:
1) Improvements to the Vienna Community Park, including a multi-purpose court and pavilion; and,
2) Improvements to the Vienna Memorial Park, including a canoe/kayak launch, walkway, and lined parking; AND THAT the costing information be included in the 2023-2032 Capital Budget process. DISCUSSION
Municipal staff are currently in the midst of preparations of the 2023-2032 Capital Budget. By the time this Report is formally received, Council will have conducted a Special Council Meeting on October 4, 2022 and received Report TR-16/22 from the Treasurer regarding short-term procurement for 2023, which will be included in the comprehensive Capital Budget. The comprehensive Capital Budget is currently being drafted by Treasury staff and includes the following two Capital items:
Item No. Title Description Cost
PR-02 Vienna Community Park Upgrades to the Vienna Community
Park (Multi-use court, pavilion)
$135,000
PR-03 Canoe / Kayak Launch Canoe / kayak launch (location TBD) & lined parking enhancement $60,000
Due to the preliminary nature of the 2023-2032 Capital Budget, these Capital item numbers are transitory depending on Council’s decisions regarding the information herein. The Manager of Public Works conducted the preliminary costing for both of these projects, including the updates to PR-02 – Vienna Community Park – which is currently in the 2022-2031 Capital
Budget, but also includes a walkway, which has since been installed in part. The updates are indicative of increased labour and materials costs despite a walkway being installed from Fulton Street into the Vienna Community Park along the lot line. Staff have also been considering various locations for the Canoe / Kayak Launch. The Vienna Memorial Park was thought to be the primary location based on Vienna community feedback; however, given its use during the summer months as an event site, alternative locations for the launch may be considered. Two locations that Council may consider are 1) Edison Drive, directly south of the bridge; or, 2) Water Street. The Municipality owns parcels of land in each vicinity and are in less travelled areas
of Vienna where community events will have less of an impact to canoers and kayakers accessing the creek. The Edison Drive location would require clearing and grading to make the site usable as a parking lot and access point, whereas the Water Street location is more functional. Both sites
would require Long Point Regional Conservation Authority (LPRCA) approval for works in their regulated area.
The costs for both Capital items are noted in the table and are proposed to be funded from the Vienna Community Improvement Reserve Fund.
Staff are seeking direction from Council regarding how to proceed – whether one or both items are included in the 2023-2032 Capital Budget and what site is deemed the primary location for the canoe launch, if chosen for Capital Budget inclusion. It is expected that the 2023-2032 Capital Budget, in its entirety, will be made available on the Municipal website in November 2022 for consideration at a Special Council Meeting in December 2022. RECOMMENDATION 1. THAT Report CAO-58/22 re Capital Items PR-02 and PR-03 – Vienna Community Park and
Canoe/Kayak Launch be received for information; 2. AND THAT Council provide direction to staff regarding Capital items PR-02 and PR-03.
Respectfully submitted by,
__________________________ Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-59/22 SUBJECT: ADOPTION OF WATER AND WASTEWATER DEVELOPMENT CHARGES BY-
LAW
BACKGROUND On July 6, 2022, Bayham Council held a Special Meeting to receive a presentation from Watson and Associates Economists Ltd. regarding Development Charges. Accordingly, Council passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the presentation from Watson and Associates Economists Ltd. re Development
Charges be received for information; AND THAT staff and Watson and Associates Economists Ltd. be directed to come
forward with a Development Charge Background Study regarding Development Charges as outlined in Option 1, being water and wastewater Development Charges for Council consideration;
AND THAT staff return to Council with a report or additional presentation on a storm water development charge, once the result of the DMAF application is known.
DISCUSSION
In accordance with the Development Charges Act (the “Act”) and Council direction, a Background Study for water and wastewater development charges was posted on the Municipal website on August 4, 2022 and advertised in the Aylmer Express. The Background Study outlined proposed water and/or wastewater development charges for the settlement areas of Port Burwell, Vienna, Straffordville, Eden, and Richmond. The Act requires a Public Meeting be conducted. The Public Meeting for consideration of water and
wastewater development charges was held in accordance with the Act on September 1, 2022. Gary Scandlan from Watson and Associates Economists Ltd. was present to conduct a presentation and answer any public comments or questions.
There was one (1) oral representation during the Public Meeting. At the time, the Mayor advised that the Municipality would be receiving written comment until September 22, 2022. No written
comments were received.
Council passed the following motion at the end of the Public Meeting: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
THAT the adoption of a Development Charges by-law be considered at a future meeting
of Council; AND THAT pursuant to the Development Charges Act requirements, the Public Meeting
is now complete at 6:21 p.m. Staff recommend the by-law be brought forward for Council’s consideration at this meeting. The consideration of same is in accordance with the Act’s timelines. Staff recommend approval at such time as the by-laws are considered for adoption. RECOMMENDATION 1. THAT Report CAO-59/22 re Adoption of Water and Wastewater Development Charges By-
law be received for information; 2. AND THAT the appropriate water and wastewater development charge by-law be brought
forward for Council’s consideration.
Respectfully submitted by,
__________________________ Thomas Thayer, CMO CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: October 6, 2022
REPORT: CAO-60/22 SUBJECT: ELECTRONIC MONITORING POLICY
BACKGROUND The Provincial government passed Bill 88, amending the “Working for Workers Act, 2021” on April
11, 2022, and “An Act to enact the Digital Platform Workers’ Rights Act, 2022”. This Bill requires that employers with more than 25 employees implement an Electronic Monitoring
policy on or before October 11, 2022. DISCUSSION
The Electronic Monitoring Policy attached hereto has been built off of the County of Elgin’s approved Electronic Monitoring Policy, which was based on input from Human Resources, Information Technology Services (ITS), and external legal input. County ITS oversees Bayham IT infrastructure so their input was critical to the details contained within the Policy. The Policy has
been reviewed by Management, with any changes having been incorporated. Bill 88 mandates that employers have a transparent policy with respect to electronic monitoring of
employees in the workplace. Policies are to include a description of how employers may electronically monitor their employees; circumstances in which the employer may electronically monitor; and the purposes for which information obtained may be used by the employer. The
legislation does not introduce any new employee rights, nor the right to not be subjected to electronic monitoring. Further, the legislation does not differentiate between active and passive electronic monitoring. Council will note that Municipal and County staff have identified types of electronic monitoring that are entirely passive in nature, but because of the wording of the legislation ought to be included. An example of this type of passive monitoring is Municipal email servers recording pertinent information of every email sent and received. This constitutes ‘electronic
monitoring’ within the legislation, even though it is just the normal operation of an email server. The draft Policy meets the legislated requirements of Bill 88. Once approved by Council, the policy will be posted for all staff to review and acknowledge on or before October 11, 2022. Any amendments to the Policy as directed by Council will be incorporated into the Policy prior to communication to staff.
There are no expected financial impacts from the implementation of this Policy. Staff are recommending approval of the Policy as presented.
ATTACHMENTS 1. Draft Electronic Monitoring Policy RECOMMENDATION 1. THAT Report CAO-60/22 re Electronic Monitoring Policy be received for information; 2. AND THAT the Electronic Monitoring Work Policy be adopted as presented;
3. AND THAT the appropriate by-law be brought forward for Council’s consideration. Respectfully submitted by, __________________________ Thomas Thayer, CMO CAO|Clerk
Municipality of Bayham Electronic Monitoring Policy Section 1 – Purpose
1.1 The Municipality of Bayham (hereinafter, the “Municipality”) is providing transparency to employees with respect to electronic monitoring capabilities and purposes, which may be utilized during the course of employment.
1.2 The Policy should be read alongside the Municipality’s related Policies, including but not limited to:
Personnel Policy
Non-Union Work From Home Policy
Any relevant and applicable legislation such as the Employment Standards Act, 2000 (“ESA”), including the amendments to the ESA arising from the Working for Workers Act, 2021, Bill 88, and the Occupational Health and Safety Act
Applicable Collective Agreement articles for CUPE
Any other policy that may become applicable and/or relevant.
Section 2 – Scope
2.1 This Policy applies to all Employees of the Municipality, whether they are working on-site, remotely, or through an approved flexible work arrangement.
Section 3 – Definitions
3.1 Electronic Monitoring refers to all forms of employee monitoring that is done using
electronic means. Some examples (not specific to the Municipality) include, where an employer uses GPS to
track the movement of an employee’s delivery vehicle; or uses an electronic sensor to track employee productivity; or tracks websites that employees visit during working hours. Employee has the same definition as “employee” in section 1(1) of the ESA.
Section 4 – Policy General
4.1 The Municipality uses various electronic monitoring tools in different circumstances and for different purposes as described in Appendix “A” to this policy.
4.2 The Municipality utilizes tools that are able to both actively and passively monitor employee activity. The majority of the Municipality’s electronic monitoring is done passively, through
the creation of electronic records by employees in the normal course of fulfilling their employment duties.
4.3 Information gathered via the Electronic Monitoring activities described in Appendix “A” may be used for employment-related purposes including, but not limited to, purposes such as assessing productivity, in the investigation of alleged violations of law, regulations, or
applicable Municipal policies, procedures and expectations, or other instances of misconduct or concerns related to health, safety and security. 4.4 The Municipality may also audit Electronic Monitoring information at any time, subject to limitations imposed by contracts of employment, collective agreements or applicable law. 4.5 The result of electronic monitoring may lead to discipline, up to and including termination of employment, if warranted in the circumstances. 4.6 The Municipality values employee privacy and its use of information obtained from electronic monitoring tools for employment-related or disciplinary purposes is discretionary,
and is subject to any rights an employee may otherwise have per their employment contract, collective agreement or otherwise at law. This Policy does not create any new privacy rights for employees or a right to not be electronically monitored. Nothing in this
policy affects or limits the Municipality’s ability to use information obtained through electronic monitoring, subject to applicable law.
4.7 The Municipality reserves the right to monitor Information Technology assets and services belonging to the Municipality to ensure secure, effective, and appropriate use. Employees should not have an expectation of privacy as it relates to their usage of Municipality
Information Technology or the location of Municipality assets, including laptops and mobile devices.
Section 5 – Employer Obligations 5.1 The Municipality may reasonably utilize Electronic Monitoring for any valid business
purpose. The Municipality will continue to be transparent with Employees with respect to any electronic monitoring capabilities, as technology evolves.
5.2 Employee electronic monitoring data is made available to a limited number of authorized representatives, or third parties associated with the Municipality, and is restricted based on requirements for legitimate business purposes. Information access is on an as-needed basis and will comply with related policies, confidentiality, and security requirements. Section 6 – Employee Obligations 6.1 Employees of the Municipality should always ensure they are working within the policies of the Municipality, including policies related to use of Municipal technology. 6.2 When unsure, employees are encouraged to ask their supervisor or the CAO for instruction
or clarification on appropriate usage. Section 7 – Posting, Notice, and Retention
7.1 The Municipality shall provide a copy of this Policy to each employee within 30 calendar days of implementation. Should any changes be made to the Policy after its
implementation, the Municipality shall provide each employee a copy of the revised Policy within 30 days of the changes being made.
7.2 The Municipality shall provide a copy of this Policy to all new employees upon onboarding and within 30 calendar days of the employee commencing employment with the Municipality.
7.3 The Municipality shall retain a copy of this and any revised version of this Policy for three years after it ceases to be in effect. 7.4 The Municipality may amend this Policy from time to time in its sole discretion. If the Municipality amends this policy, it will provide an amended copy of the Policy to employees
within thirty (30) days of the changes being made.
APPENDIX ‘A’
Electronic Monitoring Tool Circumstances in which Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the collected information may be used*
Physical Security Key FOBs, access cards, alarm panels, cards, etc., with electronic functionality
At any time during use An electronic sensor creates a record each time an authorized user scans the key fob (etc.) and enters a Municipal facility or part thereof;
Authenticating entry into buildings; security of premises; verification of attendance;
CCTV Video Camera Systems Continuous Cameras record video footage of specific areas within certain Municipal facilities and properties, including the administration building and public works yard
Physical security; employee security; investigations; parking enforcement;
Location Tracking (Laptops, Mobile Devices)
At any time during use Mobile Device Management Software tracks location of
devices;
Locating corporate assets; Health and safety (assisting in
locating employee); Electronic Monitoring Tool Circumstances in which Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the collected information may be used*
Network Security Firewalls, Virtual Private Networks (VPN) / Web Gateway
Continuous Network security programs and tools monitor use and access of Municipal systems and networks;
Network security;
IT security
software / cybersecurity prevention tools
Continuous Software tracks and
triggers events for suspicious or risky use activity (e.g.
quarantining and preventing suspicious e-mail);
Network security;
Wi-Fi Access Points At any time during use Records maintained regarding access to WiFi access point including device, user,
time, duration of use;
Network security;
Network Servers At any time during use Create records of all e-mails sent and received, all electronic records created and saved, all websites accessed, information details regarding when, how, from what ID, from what device, etc.
Network security;
Where an e-mail is quarantined, ITS and authorized managers can read content of e-mail; Electronic Monitoring Tool Circumstances in which
Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the
collected information may be used*
Software Mobile Device Management
Software
Continuous Software monitors and creates records of
serial number of device, provider information, operating system, applications installed, WiFi History;
Track user activity
*All electronic monitoring information may be used for employment-related or disciplinary purposes
as set out in this Policy.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-065 A BY-LAW TO AMEND BY-LAW NO. 2022-003 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 Council for the Corporation of the Municipality of Bayham deems it desirable to amend By-Law No. 2022-003, 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 to include language surrounding length of presentations during Public
Meetings and overall meeting duration; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Section 5.2 of By-Law No. 2022-003 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 be amended to include the following: 5.2.4 With respect to V. Public Participation, the applicant and/or any agent
thereof, making oral representation on their behalf, shall be permitted to present to Council for a cumulative duration of twenty (20) minutes maximum. Any individual resident attending a Statutory Planning Meeting and wishing to make oral representation shall be permitted to speak for a maximum of ten (10)
minutes. An extension to speak may be decided, without debate, by a majority of Council Members present. 2. THAT Section 10.29 of By-Law No. 2022-003 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 be amended to include the following:
d) Any Regular or Special Meeting proceeding past 11:00 p.m. shall not proceed
past 11:30 p.m. e) Council shall use this additional time to dispose of the most time-sensitive items as decided at the sole discretion of Council.
f) Any items not formally disposed of by 11:30 p.m. shall be deemed deferred until the next meeting of Council, as determined by Council resolution, and will be disposed of at that time.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF OCTOBER 2022.
____________________________ _____________________________ MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-066
A BY-LAW TO AUTHORIZE THE EXECUTION OF A MUNICIPAL ACCESS AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND EXECULINK TELECOM INC. WHEREAS under the broad powers delegated under the Municipal Act, 2001, S.O. 2001,
c.25, as amended, a council is authorized to pass by-laws designating highways as controlled access highways and prohibiting or regulating the construction or use of any access onto highways;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into a municipal access agreement with Execulink Telecom Inc. for the installation of
telecommunications infrastructure within the Municipality of Bayham;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between Execulink
Telecom Inc. and the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF OCTOBER 2022. ___________________________ _____________________________
MAYOR CLERK
TELECOMMUNICATIONS EQUIPMENT CONSENT and ROAD USER AGREEMENT
This Agreement made effective the
“Effective Date”).
B E T W E E N:
day of , 2022 (the
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereafter the "Municipality")
OF THE FIRST PART
- and –
WHEREAS:
EXECULINK TELECOM INC.
(hereafter the "Company")
OF THE SECOND PART
A. The Company is a “Canadian carrier” as defined in the Telecommunications Act, S.C.
1993, c.38 (“Telecom Act”) or “distribution undertaking” as defined in the
Broadcasting Act, S.C. 1991, c.11 (collectively, a “Carrier”) and is subject to the
jurisdiction of the Canadian Radio-television and Telecommunications Commission
(the “CRTC”);
B. In order to operate as a Carrier, the Company requires to construct, maintain and operate
its Equipment in, on, over, under, across or along (“Within”) the highways, streets,
road allowances, lanes, bridges or viaducts which are under the jurisdiction of the
Municipality (collectively, the “Rights-of-Way” or “ROWs”);
C. Pursuant to section 43 of the Telecom Act, the Company requires the Municipality’s
consent to construct its Equipment Within the ROWs and the Municipality is willing
to grant the Company a non-exclusive right to construct within the ROWs provided that
it shall not unduly interfere with the public use and enjoyment of the ROW or other
public place, including any rights or privileges previously conferred or conferred after
the Effective date by the Municipality on Third Parties to use or access the ROWs;
NOW THEREFORE in consideration of the mutual terms, conditions and covenants contained
herein, the Parties agree and covenant with each other as follows:
1. DEFINITIONS AND INTERPRETATION
1.1 Definitions. In this Agreement, the following words and phrases shall have the following
meanings:
(a) “Affiliate” means “affiliate” as defined in the Canada Business Corporations Act;
(b) “Anti-Bribery Law” means any anti-bribery law or international convention, as
may apply now or in the future, including the Canadian Corruption of Foreign
Public Officials Act, the U.S. Foreign Corrupt Practices Act, the U.K. Bribery Act
and the OECD Convention on Combating Bribery of Foreign Public Officials;
(c) “Municipal Engineer” means the Municipality’s reviewing authority or the
individual designated by him or her;
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(d) “CRTC” means the Canadian Radio-television and Telecommunications
Commission.
(e) “Emergency” means an unforeseen situation where immediate action must be
taken to preserve the environment, public health, safety or an essential service of
either of the Parties;
(f) “Equipment” means the transmission and distribution facilities owned by the
Company and/or its Affiliates, comprising fibre optic, coaxial or other nature or
form of cables, pipes, conduits, poles, ducts, manholes, handholds and ancillary
structures and equipment located Within the ROWs;
(g) “Hazardous Substance” means any harmful substance including, without
limitation, electromagnetic or other radiation, contaminants, pollutants, dangerous
substances, dangerous goods and toxic substances, as defined, judicially interpreted
or identified in any applicable law (including the common law);
(h) “Municipal Consent” or “MC” means the written consent of the Municipality,
with or without conditions, to allow the Company to perform Work Within the
ROWs that requires the excavation or breaking up of the ROWs (as more
particularly described in Schedule “B” to this Agreement);
(i) “Non-Compliant Equipment” means:
(i) For all Equipment installed on or after the Effective Date, Equipment that
is not compliant with the alignment approved by the Municipality because
the placement of the Equipment is greater than a distance of 1m horizontally
or vertically from the location approved by the Municipality, and, the
placement of such Equipment has a material impact on the Municipality’s
ability to manage or use its ROWs; or,
(ii) Equipment installed prior to the Effective Date of this Agreement is
assumed to be compliant. However, Equipment installed prior to the
Effective Date may be deemed Non-Compliant by the Municipality if
unapproved deviations from the approved alignment have a material impact
on the Municipality’s ability to manage or use its ROWs; or,
(iii) Equipment that is not compliant with other requirements of this Agreement.
(j) “Permit” means a Municipal Consent or a Road Permit or both;
(k) “Relocation Notice” means a written notice given by the Municipality to the Company identifying the specific location and reason for the relocation and directing the Company to relocate the Equipment designated in the notice to another
reasonable location in the ROW(s).
(l) “Road Permit” means a Permit issued by the Municipality that, generally, is required to authorize the Company to conduct Work that includes any activity that involves a deployment of its workforce, vehicles and other equipment in the ROWs which may interfere with the public use and enjoyment of the ROW for the duration
of the Work when performing the Work.(as more particularly described in Schedule “B” to this Agreement);
(m) “Service Drop” means a cable that, by its design, capacity and relationship to other
fibre optic cables of the Company can be reasonably considered to be for the sole
purpose of connecting backbone of the Equipment to not more than one individual
customer or building point of presence;
(n) “Term” means subject to the renewal options described in subparagraph 9.1(a) and
termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this
Agreement as commencing on the 28th day of June, 2022 and expiring and
terminating on the 27th day of June, 2027.
(o) “Third Party” means any person that is not a party to this Agreement nor an
Affiliate of either Party, and includes any person that attaches its facilities in, on or
to the Equipment under an agreement with the Company;
(p) “Work” means, but is not limited to, any installation, removal, construction,
maintenance, repair, replacement, relocation, removal, operation, adjustment or
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other alteration of the Equipment performed by the Company Within the ROWs,
including the excavation, repair and restoration of the ROWs.
1.2 Legislation. All references to statutes in this Agreement shall include amendments thereto,
regulations thereof, and successor legislation thereafter.
1.3 Recitals, Schedules and Incorporated Documents. The beginning part of this Agreement
entitled “Recitals”, Schedule “A” as identified below, and the By-laws and Municipal
Policies referred to in this Agreement are hereby incorporated by reference into this
Agreement and form part thereof:
Schedule “A” – Permit Fees
Schedule “B” – Permits required by the Municipality
2. USE OF ROWs
2.1 Consent to use ROWs. The Municipality hereby consents to the Company’s use of the
ROWs for the purpose of performing its Work, subject to the terms and conditions of this
Agreement and in accordance with all applicable laws or other municipal by-laws, rules,
policies, standards and guidelines (“Municipal Guidelines”) pertaining to the Equipment
and the use of the ROWs; to the extent, however, that any municipal laws and the Municipal
Guidelines are not inconsistent or in conflict with this Agreement or with applicable federal
laws.
2.2 Restrictions on use. The Company shall not, in the exercise of its rights under this
Agreement, unduly interfere with municipal operations, equipment or installations and the
public use and enjoyment of the ROWs, nor any rights or privileges previously conferred
or conferred after the Effective Date by the Municipality on Third Parties to use or access
the ROWs
2.3 Equipment acquired by the Company. The Parties agree that, where the Company
acquires, or has acquired, directly or indirectly, facilities from a Third Party that are located
Within the ROWs (the “New Equipment”), then, effective the day of the acquisition of
the New Equipment by the Company:
(a) the New Equipment shall form part of the Equipment and shall be governed by the
terms and conditions of this Agreement; and
(b) where that Third Party is a Party to a valid and existing Road User Agreement with
the Municipality (the “RUA”) and the Company, directly or indirectly, acquires the
rights and obligations under the said RUA, the RUA shall be terminated.
2.4 No ownership rights. The Parties acknowledge and agree that:
(a) the use of the ROWs under this Agreement shall not create nor vest in the Company
any ownership or property rights in the ROWs; and
(b) the placement of the Equipment Within the ROWs shall not create or vest in the
Municipality any ownership or property rights to the Equipment.
2.5 Condition of ROWs. The Municipality makes no representations or warranties as to the
state of repair of the ROWs or the suitability or fitness of the ROWs for any business,
activity or purpose whatsoever, and the Company hereby agrees to accept the ROWs on an
“as is” basis.
2.6 Non-Compliant Equipment. The Municipality bears no liability or responsibility for
relocation costs of all of the following:
(a) Non-Compliant Equipment;
(b) Third Party telecommunications equipment attached to the Company’s Non-
Compliant Equipment; and
(c) any damages, liabilities, re-design costs and associated delay costs incurred by
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other occupiers of a Municipality ROW resulting from the Company’s Non-
Compliant Equipment.
If the Municipality identifies the existence of Non-Compliant Equipment, the
Municipality will issue a Notice of Non-Compliance to the Company. If the Municipality
requires the Non-Compliant Equipment to be relocated, the Municipality will send a
Relocation Notice to the Company requesting relocation of the Non-Compliant
Equipment and the Company must relocate the Equipment as follows:
(i) above ground Equipment must be relocated within 90 days of the Company
receiving a Relocation Notice from the Municipality;
(ii) below ground Equipment must be relocated within 180 days of the Company
receiving a Relocation Notice from the Municipality, such Relocation Notice to be
issued by the Municipality only in the event the Municipality approves plans to re-
open the site where the Non-Compliant Equipment is located;
Prior to removal or relocation of Non-Compliant Equipment, the Company must obtain a
new alignment approval from the Municipality.
If the Company fails to remove or relocate Non-Compliant Equipment as a result of
receiving a Relocation Notice from the Municipality, the Municipality may, in its sole
and unfettered discretion, complete the removal or relocation and any associated
restoration and the Company must pay to the Municipality all reasonable and verifiable
costs related to the relocation and restoration.
3. APPLICABLE PERMITS
3.1 Permits.
(a) Subject to Section 3.2 and 3.4, the Company shall not occupy, excavate, break up,
disturb, or move oversized or overweight vehicles within a Municipality ROW,
where a Permit is required in accordance with this Agreement and Schedule “B”,
without first obtaining such Permit.
(b) For each Permit required above, where applicable, the Company shall submit to the
Municipality a completed application, in a form specified by the Municipality and
including all Fees in effect throughout the Term as set out in Schedule “A” to this
Agreement as well as any Security required under this Agreement.
3.2 No Permits for routine Work. Notwithstanding Section 3.1, the Company may, with
advance notice as required by the Municipality, without first obtaining a Permit:
(a) utilize existing ducts or similar structures of the Equipment with at least twenty-
four (24) hours advance notice to the Municipality;
(b) carry out routine maintenance and field testing to its Equipment; and
(c) install and repair Service Drops;
provided that in no case shall the Company break up or otherwise disturb the physical hard
surface of the ROW without the Municipality’s prior written consent.
3.3 Expiry of Permit. In the event that the Company has not commenced construction of the
approved Work associated with a particular Permit within one (1) year of the date of
issuance of the Permit and has not sought and received an extension to the Permit from the
Municipality, which extension shall not be unreasonably withheld, the Permit shall be null
and void. In such circumstances, any fees paid by the Company in respect of the expired
Permit shall not be refunded and the Company must obtain a new Permit for the Work.
3.4 Submission of plans. Unless otherwise agreed to by the Municipality, the Company shall,
prior to undertaking any Work that requires a Municipal Consent, submit the following to
the Municipal Engineer:
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(a) construction plans of the proposed Work, showing the locations of the proposed
and existing Equipment and other facilities, and specifying the boundaries of the
area within the Municipality within which the Work is proposed to take place;
(b) Traffic control plans for the protection of the workers, public and traveling public
including detours as required to minimize traffic disruption; and
(c) all other relevant plans, drawings and other information as may be normally
required by the Municipal Engineer from time to time for the purposes of issuing
Permits.
3.5 Refusal to issue Permits. The Municipality may refuse to issue a Permit in accordance
with Section 3.1 for any bona fide municipal purpose, including but not limited to reasons
of public safety and health, conflicts with existing infrastructure, proposed road
construction, or the proper functioning of public services, all as identified in writing by the
Municipality, having regard to the public interest in having access to communications,
including 911 access services. The Municipality shall make good faith effort to provide
consent to alternative suggestions, wherever possible, for routing the Equipment Within
the ROW to assist the Company in its efforts to facilitate the installation of its Equipment.
3.6 Restoration of the Company’s service during Emergencies. Notwithstanding Section
3.1, in the event of an Emergency, the Company shall be permitted to perform such
remedial Work as is reasonably necessary to restore its services without complying with
Section 3.1; provided that such Work does not unduly disrupt any Municipal service or
activity and provided that the Company does comply with Section 3.1 within five (5)
business days of completing the Work.
3.7 Temporary changes by Municipality. Notwithstanding any other provision in this
Agreement, the Municipality reserves the right to set, adjust or change the approved
schedule of Work by the Company for the purpose of coordinating or managing any major
events or activities, including the restriction of any Work during those restricted time
periods; provided however, that any such adjustment or change shall be conducted so as
minimize interruption to the Company’s operations. The Municipality shall use its
commercially reasonable efforts to provide to the Company forty-eight (48) hours advance
written notice of any change to the approved schedule of Work, except that, in the case of
any Emergency, the Municipality shall provide such advance notice as is reasonably
possible in the circumstances.
3.8 Granting of Permit Deemed as Municipal Consent Required Pursuant to the
Telecommunications Act (Canada). The Municipality agrees and acknowledges that,
subject to satisfaction and performance of all terms and conditions both hereto and
provided herein and the granting and issuance of any Roads Permit authorizing installation
of Equipment as contemplated by this Agreement and in relation to a location specified
therein shall be considered and deemed to represent municipal consent to such installation
and use thereof as is required pursuant to applicable laws of the Dominion of Canada,
including but not limited to the Telecommunications Act, S.C. 1993, c. 38, as amended.
4. MANNER OF WORK
4.1 Compliance with Applicable Laws, etc. All Work shall be conducted and completed to
the satisfaction of the Municipality and in accordance with:
(a) the applicable laws (and, in particular, all laws and codes relating to occupational
health and safety);
(b) the Municipal Guidelines;
(c) this Agreement; and
(d) the applicable Permits issued under Section 3.1.
provided that the applicable laws, Municipal Guidelines, this Agreement, and applicable
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Permits do not conflict with federal law.
4.2 Underground Equipment. The Company shall place those portions of the Equipment that
cross beneath streets or existing buried utilities in ducts, carrier pipes or encased in
concrete, or as otherwise specified by the Municipality. Service drops are not required to
be in ducts.
4.3 Installation. The Company shall utilize construction methods that minimize the impact on
the ROWs, including but not limited to trenchless installation technology and single trench
installation methods.
4.4 Stoppage of Work. The Municipality may order the stoppage of the Work for any bona
fide municipal purpose or cause relating to public health and safety, special events or any
circumstances beyond its control. In such circumstances, the Municipality shall provide the
Company with a verbal order and reasons to stop the Work and the Company shall cease
the Work immediately. Within two (2) business days of the verbal order, the Municipality
shall provide the Company with a written stop work order with reasons. When the reasons
for the Work stoppage have been resolved, the Municipality shall advise the Company
immediately that it can commence the Work.
4.5 Coordination of Work. To minimize the necessity for road cuts, construction and the
placement of new Equipment Within the ROW, the Company shall, where commercially
reasonable and technically practicable, coordinate its work with other existing and new
occupants of the ROW.
4.6 Identification of contractors. The Company shall ensure that all of its contractors have
proper identification visible on the Work site displaying the name of the Company for
which they work.
4.7 Emergency contact personnel. The Company and the Municipality shall provide to each
other a list of twenty-four (24) hour emergency contact personnel available at all times and
shall ensure that the list is kept current.
4.8 Emergency work by Municipality. In the event of an Emergency, the Municipality may
take such measures it deems necessary to re-establish a safe environment, and the
Company shall pay the Municipality’s reasonable and verifiable costs that are directly attributable
to the Work or the presence of the Equipment in the ROWs.
4.9 “As-built” drawings. The Company shall, no later than ninety (90) days after completion
of any Work, provide the Municipal Engineer with accurate “as-built” drawings, prepared
in accordance with such standards as may be required by the Municipal Engineer, sufficient,
for planning purposes, to accurately establish the location of the Equipment installed
Within the ROWs. As-built drawings to be provided in electronic format suitable to be
incorporated into the Municipality’s GIS mapping. As-built information is provided a
reference only. The Municipality shall direct all inquiries regarding the location of the
Equipment to the Company. Access to Company As-Built records are for use by the
Municipality only and shall not be distributed or disclosed to other parties without prior
written consent of the Company. If the Municipality has not received the As-built drawings
from the Company within 90 calendar days following the completion of the Work, the
Equipment will be considered to be Non-Compliant Equipment.
4.10 Agents and Sub-contractors. Each Party agrees to work with the other Party directly to
resolve any issues arising from any the acts, omissions or performance of its agents and
sub-contractors.
5. REMEDIAL WORK
5.1 General. Following the completion of any Work, the Company shall leave the ROW in a
neat, clean, and safe condition and free from nuisance, all to the satisfaction of the
Municipality. Subject to Section 5.5, where the Company is required to break or disturb
the surface of a ROW to perform its Work, it shall repair and restore the disturbed surface
of the ROW to the same or better condition it was in before the Work was undertaken, all
in accordance with the Municipal Guidelines and to the satisfaction of the Municipality.
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5.2 Permanent Road Restoration. If the Company has excavated, broken up or otherwise
disturbed the surface of a ROW, the Company shall restore the ROW which the Company
has excavated, broken up or otherwise disturbed to a similar state that it was in prior to the
commencement of the Work.
5.3 Temporary repair. Where weather limitations or other external conditions beyond the
control of the Company do not permit it to complete a final repair to the ROW within the
expected period of time, the Company may complete a temporary repair to the ROW;
provided that, subject to Section 5.5, the Company replaces the temporary repair with a
final repair within a reasonable period of time. All repairs to the ROW by the Company
shall be performed in accordance with the Municipal Guidelines and to the satisfaction of
the Municipality.
If a temporary repair gives rise to an unsafe condition, then this shall be deemed to
constitute an Emergency and the provisions of Section 4.8 shall apply.
5.4 Warranty of repairs. The Company warrants its temporary repair, to the satisfaction of
the Municipality until such time as the final repair is completed by the Company, or, where
the Municipality is performing the final repair, for a period of one (1) years or until such
time as the final repair is completed by the Municipality, whichever is earlier. The
Company shall warrant its final repairs for a period of two (2) years from the date of their
completion
5.5 Repairs completed by Municipality. Where:
(a) the Company fails to complete a temporary repair to the satisfaction of the
Municipality within seventy-two (72) hours of being notified in writing by the
Municipality, or such other period as may be agreed to by the Parties; or
(b) the Company and the Municipality agree that the Municipality should perform the repair,
then the Municipality may effect such work necessary to perform the repair and the
Company shall pay the Municipality’s reasonable and verifiable direct costs of performing
the repair.
6. LOCATING FACILITIES IN ROWs
6.1. Locates. The Company agrees that, throughout the Term it shall, at its own cost, record
and maintain adequate records of the locations of its Equipment. Each Party shall, at its
own cost and at the request of the other Party (or its contractors or authorized agents),
physically locate its respective facilities by marking the ROW using paint, staking or other
suitable identification method (“Locates”), under the following circumstances:
(a) in the event of an Emergency, within two hours of receiving the request or as soon
as practicably possible, following which the requesting Party will ensure that it has
a representative on site (or alternatively, provide a contact number for its
representative) to ensure that the area for the Locates is properly identified; and
(b) in all other circumstances, within a time reasonably agreed upon by the Parties. 6.2. Provision of Mark-ups. The Parties agree to respond within fifteen (15) days to any
request from the other Party for a mark-up of municipal infrastructure or Equipment design
drawings showing the location of any portion of the municipal infrastructure or Equipment,
as the case may be, located within the portion of the ROWs shown on the plans (the “Mark-
ups”), and shall provide such accurate and detailed information as may be reasonably
required by the requesting Party.
6.3. Inaccurate Locates. Where the Company’s Locates are found to be in error, where the
actual location of the Equipment is found to be beyond 1 meter horizontally on either side
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of the Locates, and, as a result, the Municipality is unable to install its facilities Within the
affected ROWs in the manner it expected based on the Locates provided by the Company
(the “Error”), the Municipality will notify the Company of the Error, following which the
Company shall attempt to resolve the Error. If the Company is unable to resolve the Error
in a reasonable time commensurate with the situation, the Company will pay the
Municipality for its reasonable and verifiable costs incurred as a direct result of the Error.
An Inaccurate Locate resulting from Equipment relocated due to ground movement
stemming from, among other things, weather conditions or work or activities carried out
by a Third Party, or by, or on behalf of, the Municipality, is not an Error. In the event of a
disagreement as to the existence of an Error, the parties agree to work together to determine
whether or not the Error stems from ground movement or work or activities carried out by
a Third Party, or by, or on behalf of, the Municipality. If it is determined that the conditions
of the municipal right-of-way have changed, the parties agree to be reasonable, including
with respect to the allocation of direct costs stemming from the change.
7. RELOCATION OF EQUIPMENT 7.1 Municipality Request. Where the Municipality requires and requests the Company to
relocate its Equipment for a bona fide municipal purpose, the Municipality shall notify the
Company in writing and, the Company shall complete the requested relocation within
ninety (90) days, having regard to the nature of the relocation required, the Company shall
commence work to relocate its Equipment within a Right- of-Way.
7.2 Allocation of Cost. The responsibility for the costs incurred in relocating the Company’s
Equipment or performing such work referenced, where the Municipality has made a request
to the Company to relocate its Equipment as set out above will, for the purposes of this
Agreement, be based upon the following chart and include all associated costs (labour,
materials, design etc.) as well as depreciation, betterment and recovery of costs:
Year(s) After
Installation of
Equipment
Percentage of Relocation
Costs Paid
by the Municipality 1 100%
2 100%
3 100%
4 90% 5 80%
6 70% 7 65%
8 60%
9 55%
10 45% 11 40%
12 35%
13 30%
14 20% 15 10%
16 5%
17+ 0% 7.3 Exceptions.
(a) Notwithstanding section 7.2, the Municipality shall be solely responsible for paying
all costs related to equipment relocation if the relocation is for beautification or
aesthetic purposes. Such costs include, among others, depreciation, betterment, and
recovery costs.
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(b) Notwithstanding section 7.2, where the Municipality has given written notice to the
Company prior to the issuance of a Road Permit that the location of the Equipment
subject to the Road Permit will require relocation within five (5) years, and the
Company proceeds to install the equipment despite receiving such notice, then the
full cost of any relocation of the Equipment shall be at the Company’s sole expense.
7.4 Upon Request of the Company. In the event that the Company wishes to relocate
Equipment which has been previously installed in accordance with this Agreement at its
own expense, the Company shall notify the Municipality of such request, in writing, and
such request will thereafter be considered and administered by the Municipality acting
reasonably and with diligence giving due consideration to the scope of the works already
undertaken by the Company Within the ROWs, provided that, in considering and
administering such request the Municipality shall be entitled to take into consideration any
specific municipal or engineering interests affected by such relocation including any
additional facilities located Within the ROWs. Notwithstanding the foregoing, the
Municipality shall not be permitted to unreasonably withhold, delay or condition its
approval for such request.
7.5 Request by Third Party. Where relocation of Equipment is required due to the
Municipality accommodating a third party (hereinafter "Third Party Work"), the
required relocation or related installation work shall be conducted by the Company in
accordance with the terms of this Agreement respecting installation, and the full cost of the
amendment or Relocation shall be borne solely by the third party and paid in advance. The
Municipality agrees to provide the Company with ninety (90) days' notice of the need for
any such Third Party Work and to require that the relevant third party or parties bear the
full cost of such Third Party Work and indemnify the Company against all claims and
liabilities arising from the amendment or Relocation as a condition precedent to any such
amendment or Relocation.
7.6 Municipality efforts. Where any relocation of Equipment occurs, the Municipality will
make good faith efforts to provide alternative routes for the Equipment affected by the
relocation to ensure uninterrupted service to the Company’s customers. Once the Company
has provided the Municipality with all information the Municipality requires to enable it to
process a Permit application, the Municipality shall provide, on a timely basis, all Permits
required to allow the Company to relocate the Equipment.
7.7 Temporary Reconstruction or Realignment of Road Allowances. The Company shall,
upon reasonable prior notice to the Municipality, have the right to:
(a) temporarily reconstruct or realign certain portions of the Road Allowances in order
to permit the delivery or movement of Equipment.
8. PAYMENT OF FEES AND OTHER CHARGES 8.1 General. The Company covenants and agrees to pay to the Municipality Permit fees,
deposits and security associated with and required or reasonably demanded pursuant to this
Agreement. The Permit fees and charges and security are set out in this Agreement and in
Schedule “A” to this Agreement.
8.2 Fees. The Company covenants and agrees to pay to the Municipality applicable fees as laid
out in Schedule “A” (“Fees and Charges”).
8.3 Invoices. Unless expressly provided elsewhere in this Agreement, where there are any
payments to be made under this Agreement, the Party requesting payment shall first send
a written invoice to the other Party, setting out in detail all amounts owing, including any
applicable provincial and federal taxes and interest payable on prior overdue invoices, and
the payment terms. The Parties agree that all payments shall be made in full by no later
than forty-five (45) days after the date of the invoice was received.
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8.4 Default. Any failure or refusal by the Company to pay any required Fee or Charge as set
out in Schedule “A”, any cost required by this Agreement or deliver any Security required
under this Agreement within the timelines specified herein shall constitute a default
(“Default”). Upon the occurrence of a Default, the Municipality shall deliver a Notice of
Default in writing to the Company. The Company shall have thirty (30) days to cure the
Default (the “Cure Period”). In the event that the Default is not cured within the Cure
Period, then the Municipality shall have the right to draw upon the Blanket Security
described in section 10.7 of this Agreement.
8.5 Payment of taxes. The Company shall pay, and shall expressly indemnify and hold the
Municipality harmless from, all taxes lawfully imposed now or in the future by the
Municipality, a local municipality within the geographic jurisdiction of the Municipality,
or all taxes, rates, duties, levies or fees lawfully imposed now or in the future by any
regional, provincial, federal, parliamentary or other governmental body, corporate
authority, agency or commission (including, without limitation, school boards and utility
commissions) but excluding the Municipality, that are attributable to the Company’s use
of a Municipality ROW.
9. TERM AND TERMINATION
9.1 Initial term and renewal. Subject to the renewal options described in subparagraph 9.1(a)
and termination described in subparagraphs 9.2, 9.3 and 9.4, the Term of this Agreement
shall commence on the 28th day of June 2022 and expire and terminate due to expiry on
27th day of June, 2027 (the “Initial Term”).
(a) The Company in its sole discretion may renew this Agreement with the
Municipality for three (3) separate consecutive renewal terms of five (5) years each.
To exercise the first option to renew, the Company must provide the Municipality
written notice of such election to renew prior to the expiry of the Initial Term,
failing which the Agreement will terminate due to expiry. To exercise the second
option to renew, the Company must provide the Municipality written notice of such
election to renew prior to the expiry of the first valid five-year extension, failing
which the Agreement will terminate due to expiry. To exercise the third option to
renew, the Company must provide the Municipality written notice of such election
to renew prior to the expiry of the second valid five-year extension, failing which the
Agreement will terminate due to expiry.
(b) If a renewal is not exercised prior to the last day of the Initial Term or valid
extension, this Agreement shall terminate immediately on the last day of the Term
or valid extension, subject to paragraph 9.4 of this Agreement.
9.2 Termination by either Party. Either Party may terminate this Agreement without further
obligation to the other Party, upon providing at least seven (7) days’ written notice in the
event of a material breach of this Agreement by the other Party after notice thereof and
failure of the other Party to remedy or cure the breach within thirty (30) days of receipt of
the notice. If, however, in the view of the non-breaching Party, it is not possible to remedy
or cure the breach within such thirty (30) day period, then the breaching Party shall
commence to remedy or cure the breach within such thirty (30) day period and shall
complete the remedy or cure within the time period stipulated in writing by the non-
breaching Party.
9.3 Termination by Municipality. The Municipality may terminate this Agreement by
providing the Company with at least seven (7) days written notice in the event that:
(a) the Company becomes insolvent, makes an assignment for the benefit of its
creditors, has a liquidator, receiver or trustee in bankruptcy appointed for it or
becomes voluntarily subject as a debtor to the provisions of the Companies’
Creditors Arrangement Act or the Bankruptcy and Insolvency Act;
(b) the Company assigns or transfers this Agreement or any part thereof other than in
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accordance with Section 18.2; or
(c) the Company ceases to be eligible to operate as a Carrier.
9.4 Obligations and rights upon termination or expiry of Agreement. Notwithstanding any other provision of this Agreement, if this Agreement is terminated (other than in accordance with Section 9.3) or expires without renewal, then, subject to the Company’s rights to use the ROWs pursuant to the Telecom Act and, unless the Company advises the
Municipality in writing that it no longer requires the use of the Equipment:
(a) the terms and conditions of this Agreement shall remain in full force and effect until
a new replacement agreement (a “New Agreement”) is executed by the Parties; and
(b) the Parties shall enter into meaningful and good faith negotiations to execute a New
Agreement and, if, after six (6) months following the expiry of this Agreement, the
Parties are unable to execute a New Agreement, then either Party may apply to the
CRTC to establish the terms and conditions of the New Agreement.
9.5 Removing abandoned Equipment. Where the Company advises the Municipality in
writing that it no longer requires the use of any Equipment, the Company shall, at the
Municipality’s request and within a reasonable period of time as agreed to by the Parties,
act as follows at the Company’s sole cost and expense:
(a) Remove the abandoned Equipment that is above ground;
(b) Subject to (c) immediately below, make safe any underground vaults, manholes and
any other underground structures that are not occupied or used by a Third Party,
(collectively “Abandoned Underground Structures”);
(c) Where, in the reasonable opinion of the Municipal Engineer, the Abandoned
Underground Structures will interfere with any municipally-approved project that
will require excavation or otherwise disturb the portions of the ROWs in which the
Abandoned Underground Structures are located, then the Company shall, at or
about the time the excavation of such portions of the ROWs for said project
commences, remove the Abandoned Underground Structures therein.
Upon removal of the abandoned Equipment or upon the removal or making safe of
Abandoned Underground Structures, the Company shall repair any damage resulting from
such removal or making safe and restore the affected ROWs to the condition in which they
existed prior to the removal or making safe. If the Company fails to remove Equipment or
to remove or make safe Abandoned Underground Structures and restore the ROWs within
the time specified above, and to the satisfaction of the Municipal Engineer, the
Municipality may complete said work and the Company shall pay the associated
Municipality’s Costs.
9.6 Continuing obligations. Notwithstanding the expiry or earlier termination of this
Agreement, each Party shall continue to be liable to the other Party for all payments due
and obligations incurred hereunder prior to the date of such expiry or termination.
10. INSURANCE AND SECURITY
10.1 General. Throughout the term of this Agreement and any renewals or extension thereto,
the Company shall maintain, at its sole expense, insurance (the “Company Insurance”) in
an amount and description as described below to protect the Company and the Municipality
from claims for damages, bodily injury (including death) and property damage which may
arise from the Company’s operations under this Agreement, including the use or
maintenance of the Equipment Within the ROWs or any act or omission of the Company
and its employees, contractors and agents while engaged in the Work. The Company
Insurance shall include all costs, charges and expenses reasonably incurred with any injury
or damage.
10.2 Commercial general liability occurrence-based insurance. Without limiting the
generality of the foregoing, the Company shall obtain and maintain commercial general
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liability occurrence-based insurance coverage which:
(a) covers claims and expenses for liability for personal injury, bodily injury and
property damage in an amount not less than Five Million Dollars ($5,000,000.00)
per occurrence (exclusive of interest and costs);
(b) extends to cover the contractual obligations of the Company as stated within this
Agreement;
(c) include the Municipality as an additional insured;
(d) contains cross liability and severability of interest clauses.
10.3 Insurance certificates. As soon as possible after the execution of this Agreement, the
Company shall provide on the Municipality’s standard form, the Municipality with
certificates of insurance in respect of the Company Insurance evidencing the cross liability
and severability clauses and confirming the Municipality as an “additional insured”.
Thereafter, the Company shall provide the Municipality with evidence of all renewals of the
Company Insurance in a form acceptable to the Municipality.
10.4 General insurance conditions.
(a) The Company Insurance shall not be construed to, and shall in no manner, limit or
restrict the Company’s liability or obligations under this Agreement.
(b) The Municipality shall not be liable for any premiums relating to policies under the
Company Insurance.
(c) The policies under the Company Insurance shall provide:
(i) that they are primary insurance which will not call into contribution any
other insurance available to the Municipality;
(ii) a waiver for severability of interest; and
(iii) that the Company Insurance shall not be cancelled, lapsed or materially
changed to the detriment of the Municipality without at least thirty (30)
business days’ notice to the Municipality by mail.
(d) The Company will immediately notify the Municipality of any changes to or
cancellation of the Company Insurance if they will directly affect or reduce the
coverage made available to the Municipality.
10.5 Workplace Safety and Insurance Board. The Company shall provide Workplace Safety
and Insurance Board (“WSIB)” clearance certificate that confirms the Company is in good
standing with the WSIB. The Company shall ensure the WSIB clearance remains in effect
when the Company’s personnel are working within the ROWs.
10.6 Blanket Letter of Credit. If requested by the Municipality, the Company shall, within thirty
(30) days thereafter, post an irrevocable blanket letter of credit, for the minimum amount
of ten thousand dollars ($10,000.00) (the “Blanket Security”). Once posted by the
Company, the Municipality may draw upon the Blanket Security and apply the funds therein
against any undisputed outstanding financial obligations owed by the Company to the
Municipality under this Agreement.
10.7 Blanket Security - Term. The Blanket Security, if requested, shall be posted for a
maximum of up to three (3) years and until such time as the Municipality determines that
the Company has established a satisfactory business relationship with the Municipality. If
the Municipality is required to draw upon the Blanket Security, the Municipality shall
advise the Company and the Company shall, within fourteen (14) days thereafter restore
the Blanket Security to its original value.
10.8 Project-specific Security. The Municipality may also reasonably request, and the
Company shall provide, additional project-specific securities for Work projects in an
amount equal to the estimated restoration costs of the projects as determined by the Parties.
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The Municipality shall release the project-specific security once the Company has fulfilled
the conditions of the applicable Permit relating to the restoration of the ROW to the
satisfaction of the Municipality.
11. RESPONSIBILITY AND INDEMNIFICATION
11.1 No liability Municipality. The Company hereby acknowledges that the placement,
installation, construction, reconstruction, inspection, maintenance, operation, alteration,
enlarging, repair, replacement, relocation and/or removal of the Equipment by the
Company is performed entirely at the risk of the Company and that the Municipality shall
in no way or under any circumstances be responsible or liable to the Company, its
contractors, agents, or customers for any damage or losses in consequence thereof, unless
due to the negligence of the Municipality or those for whom at law it is responsible.
11.2 Company Indemnity. The Company hereby releases, indemnifies, completely holds
harmless, and agrees to defend the Municipality, its Councillors, officers, employees, legal
counsel, agents and contractors, from and against any and all suits, judgments, claims,
demands, expenses, actions, causes of action, duties, assessments, fees, penalties,
liabilities, losses and costs which the Municipality and its successors and assigns may at
any time or times hereafter bear, sustain, or suffer, as a result of the Equipment, including
without limitation, its placement, installation, construction, reconstruction, inspection,
maintenance, use, operation, alteration, enlarging, repair, replacement, relocation and/or
removal.
11.3 Municipality Acknowledgement. The Municipality hereby acknowledges that it is
responsible for its negligence and the negligence of those for whom it is responsible for at
law.
11.4 Municipality Indemnity. The Municipality hereby releases, indemnifies, completely holds
harmless, and agrees to defend the Company, its officers, employees, legal counsel, agents
and contractors, from and against any and all suits, judgments, claims, demands, expenses,
actions, causes of action, duties, assessments, fees, penalties, liabilities, losses and costs
which the Company and its successors and assigns may at any time or times hereafter bear,
sustain, suffer, be put to or incur by reason of its negligence and the negligence of those
for whom it is responsible at law.
11.5 No liability, both Parties. Notwithstanding any other provision in this Agreement, neither Party shall be liable to any person in any way for special, incidental, indirect, consequential,
exemplary, or punitive damages, including damages for pure economic loss or failure to
realize expected profits, howsoever caused, or contributed to, in connection with this Agreement and the performance or non-performance of its obligations hereunder
11.6 Survival. The obligation of a Party to indemnify, defend and save harmless the other Party
shall survive the termination or expiry of this Agreement.
12. ENVIRONMENTAL LIABILITY 12.1. Municipality not responsible. The Municipality is not responsible, either directly or
indirectly, for any damage to the natural environment or property, including any nuisance,
trespass, negligence, or injury to any person, howsoever caused, arising from the presence,
deposit, escape, discharge, leak, spill or release of any Hazardous Substance in connection
with the Company’s occupation or use of the ROWs, unless such damage was caused
directly or indirectly by the negligence or willful misconduct of the Municipality or those
for which it is responsible in law.
12.2. Company to assume environmental liabilities. The Company agrees to assume all
environmental liabilities, claims, fines, penalties, obligations, costs or expenses whatsoever
relating to its use of the ROWs, including, without limitation, any liability for the clean-
up, removal or remediation of any Hazardous Substance on or under the ROWs that result
from:
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(a) the occupation, operations or activities of the Company, its contractors, agents or
employees or by any person with the express or implied consent of the Company
Within the ROWs; or
(b) any Equipment brought or placed Within the ROWs by the Company, its
contractors, agents or employees or by any person with the express or implied
consent of the Company;
unless such damage was caused directly or indirectly in whole or in part by the negligence
or willful misconduct on the part of the Municipality or those for which it is responsible in
law.
The Municipality agrees to provide notice to the Company of any liability arising under
this provision in a reasonable period of time after the occurrence. For clarity, the Company
shall not be liable in any manner for any events which occurred before the Equipment
occupied the ROW.
13. NO JOINT VENTURE, PARTNERSHIP OR CO-OWNERSHIP
13.1 No Joint Venture. The Parties hereby acknowledge and agree that this Agreement is solely
an access agreement and that no relationship is formed between the Parties in the nature of
a joint venture, partnership co-ownership arrangement or other similar relationship.
14. FORCE MAJEURE 14.1 Force Majeure. Except for the Parties’ obligations to make payments to each other under
this Agreement, neither Party shall be liable for a delay in its performance or its failure to
perform hereunder due to causes beyond its reasonable control, including, but not limited
to, acts of God, fire, flood, or other catastrophes; government, legal or statutory restrictions
on forms of commercial activity; or order of any civil or military authority; national
emergencies, insurrections, riots or wars or strikes, lock-outs or work stoppages (“Force
Majeure”). In the event of any one or more of the foregoing occurrences, notice shall be
given by the Party unable to perform to the other Party and the Party unable to perform
shall be permitted to delay its performance for so long as the occurrence continues. Should
the suspension of obligations due to Force Majeure exceed two (2) months, either Party
may terminate this Agreement without liability upon delivery of notice to the other Party.
15. DISPUTE RESOLUTION 15.1 General. The Parties hereby acknowledge and agree that:
(a) this Agreement has been entered into voluntarily by the Parties with the intention
that is shall be final and binding on the Parties until it is terminated or expires in
accordance with its terms;
(b) it is the intention of the Parties that all Disputes (as defined in subsection 15.2) be
resolved in a fair, efficient, and timely manner without incurring undue expense
and, wherever possible, without the intervention of the CRTC; and
(c) the CRTC shall be requested by the Parties to consider and provide a decision
only with respect to those matters which form the basis of the original Dispute as
set out in the Dispute Notice issued under this Section 15.
15.2 Resolution of Disputes. The Parties will attempt to resolve any dispute, controversy, claim
or alleged breach arising out of or in connection with this Agreement (“Dispute”) promptly
through discussions at the operational level. In the event a resolution is not achieved, the
disputing Party shall provide the other Party with written notice of the Dispute and the
Parties shall attempt to resolve such Dispute between senior officers who have the authority
to settle the Dispute. All negotiations conducted by such officers shall be confidential and
shall be treated as compromise and settlement negotiations. If the Parties fail to resolve the
Dispute within thirty (30) days of the non-disputing Party’s receipt of written notice, the
Parties agree to utilize the services of a mutually agreed upon independent third party
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mediator. The mediator shall be knowledgeable regarding the area of the disputed issue.
The mediator shall meet with the Parties together or separately, as necessary, to review all
aspects of the issue. In a final attempt to assist the parties in resolving the issue themselves
prior to proceeding to legal proceedings and/or the CRTC, the mediator shall provide,
without prejudice, a non-binding written recommendation for settlement, within thirty (30)
days of holding a mediation. Upon receipt of the written settlement recommendation, if an
agreement cannot be reached, either Party may initiate legal proceedings and/or submit the
Dispute to the CRTC for resolution.
15.3 Continued performance. Except where clearly prevented by the nature of the Dispute, the
Municipality and the Company agree to continue performing their respective obligations
under this Agreement while a Dispute is subject to the terms of this Section 15.
16. NOTICE
16.1 Method of Notice. Any notice required may be sufficiently given by personal delivery or,
if other than the delivery of an original document, by facsimile transmission or electronic (e-
mail) transmission, to either Party at the following addresses:
To the Municipality: The Corporation of the Municipality of Bayham Attn: CAO
56169 Heritage Line Straffordville, Ontario N0J 1Y0 To the Company: Execulink Telecom Inc.
11127 Ridgeway Road
Woodstock, ON, N4V 1E3 16.2 Delivery of Notice. Any notice given pursuant to Section 16.1 shall be deemed to have
been received on the date on which it was delivered in person, or, if transmitted by facsimile
or electronic transmission during the regular business hours of the Party receiving the
notice, on the date it was transmitted, or, if transmitted by facsimile outside regular
business hours of the Party receiving the notice, on the next regular business day of the
Party receiving the notice; provided, however, that either Party may change its address
and/or facsimile number for purposes of receipt of any such communication by giving ten
(10) days’ prior written notice of such change to the other Party in the manner described
above.
17. FOREIGN CORRUPT PRACTICES ACT AND ANTI-BRIBERY INDEMNITY
17.1 Notwithstanding anything to the contrary herein, the Municipality, in its administration of
this Agreement, shall refrain from offering, giving or promising, directly or indirectly,
money or anything of value to a Canadian or foreign governmental official to influence the
official in his or her official capacity, induce the official to do or omit to do an act in
violation of his or her lawful duty, or to secure any improper advantage in order to assist
in obtaining or retaining business for or with, or directing business to, any person. For the
purposes of this Section, "anything of value" includes, but is not limited to, cash or a cash
equivalent, discounts, gifts, use of materials, facilities or equipment, entertainment, drinks,
meals, transportation, lodging, insurance benefits, or promise of future employment.
"Governmental official" shall mean any person holding any level of legislative,
administrative, or judicial office of the Canadian or a foreign government or any of its
departments or agencies or divisions; any person acting on behalf of the Canadian or a
foreign government, including a local or provincial agency, enterprise, or organization; any
official or agent of a Canadian or a foreign public administration or publicly funded
organization; any official of a Canadian or a foreign political party; any officer or agent of
a public international organization (e.g., World Bank, International Monetary Fund, World
Health Organization, United Nations, World Trade Organization); or any relatives or close
family/household members of any of those listed above. The Municipality shall indemnify
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and hold harmless the Company from all claims brought against the Company as a result of
the Municipality or its representatives' failure to comply with Anti-Bribery Law. The
Municipality shall immediately report any breach of Anti-Bribery Law by the Municipality
or its representatives. The Municipality shall immediately report any breach of Anti-
Bribery Law by the Municipality or its representatives'. The Company shall have the right to
audit the Municipality’s books and records with respect to payments made on behalf of the
Company in the event that the Company believes that the Municipality has violated this Section 17.
The Company shall have the right to immediately terminate all payments to the Municipality under
this Agreement if the Municipality fails to comply with this Section 17.
18. GENERAL
18.1 Entire Agreement. This Agreement, together with the Schedules attached hereto,
constitute the complete and exclusive statement of the understandings between the Parties
with respect to the rights and obligations hereunder and supersedes all proposals and prior
agreements, oral or written, between the Parties.
18.2 Assignment. This Agreement may not be assigned or transferred, in whole or in part,
without the prior written consent of the other Party. Notwithstanding the foregoing, the
Company shall, provided that it is not in material breach of this Agreement, have the right
to assign this Agreement to an Affiliate without the consent of the Municipality, provided
that the Company has given notice to the Municipality.
18.3 Gender and number. In this Agreement, words importing the singular include the plural
and vice versa, words importing gender, include all genders.
18.4 Currency. Unless otherwise indicated, references in this Agreement to money amounts are
to the lawful currency of Canada.
18.5 Parties to act reasonably. Each Party shall at all times act reasonably in the performance
of its obligations and the exercise of its rights and discretion under this Agreement.
18.6 Amendments. Except as expressly provided in this Agreement, no modification of or
amendment to this Agreement shall be effective unless agreed to in writing by the
Municipality and the Company.
18.7 Survival. The terms and conditions contained in this Agreement that by their sense and
context are intended to survive the performance thereof by the Parties hereto shall so
survive the completion of performance, the expiration and termination of this Agreement,
including, without limitation, provisions with respect to indemnification and the making of
any and all payments due hereunder.
18.8 Waiver. Failure by either Party to exercise any of its rights, powers or remedies hereunder
or its delay to do so shall not constitute a waiver of those rights, powers or remedies. The
single or partial exercise of a right, power or remedy shall not prevent its subsequent
exercise or the exercise of any other right, power or remedy.
18.9 Severability. If any provision of this Agreement is determined to be invalid or
unenforceable in whole or in part, such invalidity or unenforceability shall attach only to
such provision and everything else in this Agreement shall continue in full force and effect.
18.10 Enurement. This Agreement is and shall be binding upon and inure to the benefit of the
Parties hereto and their respective legal representatives, successors, and permitted assigns,
and may not be changed or modified except in writing, duly signed by the Parties hereto.
18.11 Counterparts: This Agreement may be executed by the Parties and delivered by facsimile
or PDF transmission and in one or more counterparts which when held together shall be
considered one and the same Agreement.
18.12 Equitable Relief. Either Party may, in addition to any other remedies it may have at law
or equity, seek equitable relief, including without limitation, injunctive relief, and specific
performance to enforce its rights or the other party’s obligations under this Agreement.
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18.13 Governing law. This Agreement shall be governed by the laws of the Province of Ontario
and all federal laws of Canada applicable therein.
IN WITNESS WHEREOF this Agreement has been executed by the Parties hereto on the date(s)
set out below and the Parties agree that this Agreement shall be effective on the date as set out at
the top of page one (1) of this Agreement.
SIGNED, SEALED AND DELIVERED
in the presence of:
CORPORATION OF THE MUNICIPALITY OF BAYHAM Date: ,
Ed Ketchabaw, Mayor
Date:
Thomas Thayer, Chief Administrative Officer We have the authority to bind the Corporation
SIGNED, SEALED AND DELIVERED
in the presence of:
EXECULINK TELECOM INC.
Date: ,
Per: Yasmin Charania Title: Chief Financial Officer
I/We have the authority to bind the Corporation
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SCHEDULE "A"
Fees and Charges
Telecommunication Equipment Consent and Road User Agreement
By-Law Fee/Charge Amount
2019-025 Municipal Consent $50.00
2019-025 Road Permit $60.00
SCHEDULE "B"
Permits required by the Municipality
Telecommunication Equipment Consent and Road User Agreement
WORK ACTIVITY MC
RP Notification
only
No Permit or
Notification
Road occupation that causes no disruption to traffic or
pedestrian flow to perform Work X
Work that requires oversize or overweight vehicles X
Road Occupancy that involves the temporary closure of a
vehicle travel lane, parking lane to perform Work X
Emergency Work with no Excavation, no utilization of trees and
or other municipal infrastructure as a support structure X
Any installation of Equipment that requires Excavation1 in the
ROW, including:
the installation of buried Equipment crossing a road;
the installation of new Above-ground Plant;
the relocation of buried Equipment or Above-ground
Equipment;
the replacement of existing Above-ground Equipment with
equipment that is significantly larger; and
the installation of buried Service Drops that cross a road or
a break a hard surface of the ROW.
X X
The installation of aerial Equipment (excluding aerial Service
Drops) X
Tree trimming on ROWs X
The replacement of existing above-ground Equipment without
adding more Equipment or significantly increasing its size (pole
replacements excluded)
X
The installation of buried Service Drops that do not cross a road
or break the hard surface of a ROW X
Pulling cable through existing underground duct X
The installation of or repair to aerial Service Drops X
The maintenance, testing and repair of Equipment where there
is minimal physical disturbance or changes to the ROW X
Any other Work activity agreed to by the Municipality X
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-067 A BY-LAW TO ESTABLISH DEVELOPMENT CHARGES FOR THE MUNICIPALITY OF BAYHAM
WHEREAS subsection 2(1) of the Development Charges Act, 1997 c. 27, as amended
(hereinafter called "the Act") provides that the council of a municipality may pass By-laws
for the imposition of development charges against land for increased capital costs required
because of the need for services arising from development in the area to which the by-law
applies;
AND WHEREAS the Council of The Corporation of the Municipality of Bayham has given
notice on August 4, 2022 according to section 12 of the Development Charges Act, 1997 as
amended, of its intention to pass a by-law under Section 2 of the said Act;
AND WHEREAS the Council of the Municipality of Bayham has heard all persons who
applied to be heard no matter whether in objection to, or in support of, the development
charge proposal at a public meeting held on September 1, 2022;
AND WHEREAS the Council of the Municipality of Bayham had before it a report entitled
Development Charge Background Study dated August 5, 2022, prepared by Watson &
Associates Economists Ltd., wherein it is indicated that the development of any land within
the Municipality of Bayham will increase the need for services as defined herein;
AND WHEREAS the Council of the Municipality of Bayham on September 1, 2022,
approved the applicable Development Charge Background Study, as amended (if
applicable) inclusive of the capital forecast therein, in which certain recommendations were
made relating to the establishment of a development charge policy for the Municipality of
Bayham pursuant to the Development Charges Act, 1997, as amended;
AND WHEREAS the Council of the Municipality of Bayham on September 1, 2022,
determined that no additional public meeting was required to be held as part of the approval
process;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. INTERPRETATION
1.1 In this By-law the following items shall have the corresponding meanings:
“Act” means the Development Charges Act, as amended, or any successor
thereof;
“accessory use” means where used to describe a use, building or structure,
that the use, building or structure is naturally and normally incidental,
subordinate in purpose of floor area or both, and exclusively devoted to a
principle use, building or structure;
“agricultural use” means a bona fide farming operation;
“ancillary” will have the same definition as “accessory”;
“apartment unit” means any residential dwelling unit within a building
containing three or more dwelling units where access to each residential unit
is obtained through a common entrance or entrances from the street level and
the residential units are connected by an interior corridor;
“bedroom” means a habitable room larger than seven square metres,
including a den, study or other similar area, but does not include a living room,
dining room or kitchen;
“benefiting area” means an area defined by a map, plan or legal description in
a front-ending agreement as an area that will receive a benefit from the
construction of a service;
“board of education” has the same meaning as set out in the Education Act,
R.S.O. 19990, Chap. E.2, as amended, or any successor thereof;
“bona fide farm uses” means the proposed development will qualify as a farm
business operating with a valid Farm Business Registration Number issued by
the Ontario Ministry of Agriculture, Food and Rural Affairs and be assessed in
the Farmland Realty Tax Class by the Ontario Property Assessment
Corporation;
“Building Code Act” means the Building Code Act, S.O. 1992, as amended, or
any successor thereof;
“cannabis/marijuana facilities" means a building used, designed or intended
for growth, producing, testing, destroying, storing or distribution, excluding
retail sales, of medical marijuana or cannabis authorized by a license issued
by the federal Minister of Health pursuant to section 25 of the Marihuana for
Medical Purposes Regulations, SOR/2013-119, under the Controlled Drugs
and Substances Act, S.C. 1996, c.19;
“class” means a grouping of services combined to create a single service for
the purposes of this by-law and as provided in section 7 of the Act;
“capital cost” means costs incurred or proposed to be incurred by the
Municipality or a local board thereof directly or by others on behalf of and as
authorized by the Municipality or local board,
(a) to acquire land or an interest in land, including a leasehold interest,
(b) to improve land,
(c) to acquire, lease, construct or improve buildings and structures,
(d) to acquire, construct or improve facilities, including:
(i) furniture and equipment other than computer equipment; and
(ii) material acquired for circulation, reference or information
purposes by a library board as defined in the Public Libraries
Act, R.S.O. 19990, Chap. P.44, as amended, or any successor
thereof; and
(iii) rolling stock with an estimated useful life of seven years or
more; and
(e) to undertake studies in connection with any matter under the Act and
any of the matters in clauses (a) to (d) above, including the
development charge background study,
required for the provision of services designated in this By-law within or
outside the Municipality, including interest on borrowing for those
expenditures under clauses (a) to (e) above that are growth-related;
“commercial” means any non-residential development not defined under
“institutional” or “industrial”;
“Council” means the Council of the Municipality;
“development” means the construction, erection or placing of one or more
buildings or structures on land or the making of an addition or alteration to a
building or structure that has the effect of increasing the size of usability
thereof, and includes redevelopment;
“development charge” means a charge imposed with respect to this By-law;
“dwelling unit” means any part of a building or structure used, designed or
intended to be used as a domestic establishment in which one or more
persons may sleep and are provided with culinary and sanitary facilities for
their exclusive use;
“existing” means the number, use and size that existed as of the date this By-
law was passed;
“existing industrial building” shall have the same meaning as the term is
defined in the Regulation,
“farm building” means that part of a bona fide farming operation
encompassing barns, silos and other ancillary development to an agricultural
use, but excluding a residential use;
“grade” means the average level of finished ground adjoining a building or
structure at all exterior walls;
“gross floor area” means:
(a) in the case of a residential building or structure, the total area of all
floors above grade of a dwelling unit measured between the outside
surfaces of exterior walls or between the outside surfaces of exterior
walls and the centre line of party walls dividing the dwelling unit from
any other dwelling unit or other portion of a building; and
(b) in the case of a non-residential building or structure, or in the case of a
mixed-use building or structure with respect to the non-residential
portion thereof, the total area of all building floors above or below grade
measured between the outside surfaces of the exterior walls, or
between the outside surfaces of exterior walls and the centre line of
party walls dividing a non-residential use and a residential use, except
for:
(i) a room or enclosed area within the building or structure above or
below that is used exclusively for the accommodation of heating,
cooling, ventilating, electrical, mechanical or
telecommunications equipment that service the building;
(ii) loading facilities above or below grade; and
(iii) a part of the building or structure below grade that is used for
the parking of motor vehicles or for storage or other accessory
use;
“industrial” means lands, buildings or structures used or designed or intended
for use for manufacturing, processing, fabricating or assembly of raw goods,
warehousing or bulk storage of goods, and includes office uses and the sale
of commodities to the general public where such uses are accessory to an
industrial use, but does not include the sale of commodities to the general
public through a warehouse club. The portion of a Cannabis/Marijuana facility
not used for growing of the product will also be included in this category;
“Institutional” means development of a building or structure intended for use
(a) as a long-term care home within the meaning of subsection 2 (1) of the
Long-Term Care Homes Act, 2007;
(b) as a retirement home within the meaning of subsection 2 (1) of the
Retirement Homes Act, 2010;
(c) by any of the following post-secondary institutions for the objects of the
institution:
(i) a university in Ontario that receives direct, regular, and ongoing
operating funding from the Government of Ontario,
(ii) a college or university federated or affiliated with a university
described in subclause (i), or
(iii) an Indigenous Institute prescribed for the purposes of section 6
of the Indigenous Institutes Act, 2017;
(d) as a memorial home, clubhouse or athletic grounds by an Ontario
branch of the Royal Canadian Legion; or
(e) as a hospice to provide end of life care;
“interest rate” means the Municipality’s annual rate of interest of 6.5%;
“local board” means a local board as defined in the Development Charges
Act;
“local services” means those services, facilities or things which are under the
jurisdiction of the Municipality and are related to a plan of subdivision or within
the area to which the plan relates with respect to the lands under sections 41,
51 or 53 of the Planning Act, R.S.O. 19990, Chap. P.13, as amended, or any
successor thereof;
“mobile home” means any dwelling that is designed to be made mobile, and
constructed or manufactured to provide a permanent residence for one or
more persons, but does not include a travel trailer or tent trailer;
“multiple dwellings” means all dwellings other than single detached, semi-
detached and apartment unit dwellings;
“Municipality” means the Corporation of the Municipality of Bayham;
“non-profit housing” means development of a building or structure intended for
use as residential premises by,
(a) a corporation without share capital to which the Corporations Act
applies, that is in good standing under that Act and whose primary
object is to provide housing;
(b) a corporation without share capital to which the Canada Not-for-profit
Corporations Act applies, that is in good standing under that Act and
whose primary object is to provide housing; or
(c) a non-profit housing co-operative that is in good standing under the Co-
operative Corporations Act;
“non-residential use” means a building or structure of any kind whatsoever
used, designed or intended to be used for other than a residential use and
includes all commercial, industrial and institutional uses;
“owner” means the owner of land or a person who has made application for
an approval for the development of land upon which a development charge is
imposed;
“place of worship” means that part of a building or structure that is exempt
from taxation as a place of worship under the Assessment Act, R.S.O. 1990,
Chap. A.31, as amended, or any successor thereof;
“regulation” means any regulation made pursuant to the Act;
“rental housing” means development of a building or structure with four or
more dwelling units all of which are intended for use as rented residential
premises;
“residential use” means land or buildings or structures of any kind whatsoever
used, designed or intended to be used as living accommodations for one or
more individuals;
“Secondary dwelling unit” means a dwelling unit, whether contained within a
proposed single detached dwelling or semi-detached dwelling, or ancillary to a
single detached dwelling or a semi-detached dwelling including but not limited
to a coach house, laneway suite or structure constructed above an existing
garage or other structure separate from the primary dwelling unit, which
comprises an area less than the gross floor area of the primary dwelling unit
and is not capable of being legally conveyed as a separate parcel of land form
the primary dwelling unit;
“semi-detached dwelling” means a dwelling unit in a residential building
consisting of two dwelling units having one vertical wall or one horizontal wall,
but not other parts, attached or another dwelling unit where the residential
units are not connected by an interior corridor;
“service” (or “services”) means a service designated in Schedule “A” to this
By-law;
“servicing agreement” means an agreement between a landowner and the
Municipality relative to the provision of municipal services to specified land
within the Municipality;
“single detached dwelling unit” means a residential building consisting of one
dwelling unit and not attached to another structure, including mobile homes;
and
“zoning by-law” means the Zoning By-Law of the Municipality or any
successor thereof passed pursuant to Section 34 of the Planning Act, S.O.
1998.
2. DESIGNATION OF SERVICES AND CLASSES
2.1 The categories of services and classes for which development charges are
imposed under this By-law are as follows:
(a) Water Services; and
(b) Wastewater Services.
2.2 The components of the services and classes designated in section 2.1 are
described in Schedule A.
3. APPLICATION OF BY-LAW RULES
3.1 Development charges shall be payable in the amounts set out in this By-law
where:
(a) the lands are located in the area described in section 3.2; and
(b) the development of the lands requires any of the approvals set out in
subsection 3.4 (a).
Area to Which By-law Applies
3.2 Subject to section 3.3, this By-law applies to the settlement areas described in
Schedule A where water and/or wastewater services are available, whether or
not the land or use thereof is exempt from taxation under s.13 of the
Assessment Act.
3.3 Notwithstanding clause 3.2 above, this By-law shall not apply to lands that are
owned by and used for the purposes of:
(a) a board as defined in subsection 1 (1) of the Education Act;
(b) the Municipality of Bayham or a local board thereof.
Approvals for Development
3.4 (a) Development charges shall be imposed on all lands, buildings or
structures that are developed for residential or non-residential uses if
the development requires:
(i) the passing of a zoning by-law or of an amendment to a zoning
by-law under section 34 of the Planning Act;
(ii) the approval of a minor variance under section 45 of the
Planning Act;
(iii) a conveyance of land to which a by-law passed under
subsection 50 (7) of the Planning Act applies;
(iv) the approval of a plan of subdivision under section 51 of the
Planning Act;
(v) a consent under section 53 of the Planning Act;
(vi) the approval of a description under section 50 of the
Condominium Act, R.S.O. 1990, Chap. C.26, as amended, or
any successor thereof; or
(vii) the issuing of a permit under the Building Code Act in relation to
a building or structure.
(b) No more than one development charge for each service designated in
subsection 2.1 shall be imposed upon any lands, buildings or
structures to which this By-law applies even though two or more of the
actions described in subsection 3.4 (a) are required before the lands,
buildings or structures can be developed.
(c) Despite subsection 3.4 (b), if two or more of the actions described in
subsection 3.4 (a) occur at different times, additional development
charges shall be imposed if the subsequent action has the effect of
increasing the need for services.
Exemptions
3.5 Notwithstanding the provisions of this By-law, development charges shall not
be imposed with respect to the following residential criteria:
3.6 Other Exemptions:
(a) Notwithstanding any other provision of this by-law, development
charges shall not be imposed with respect to:
(i) Non-residential uses
Amount of Charges
Residential
3.7 The development charges set out in Schedule B shall be imposed on
residential uses of land, buildings or structures, including a dwelling unit
accessory to a non-residential use and, in the case of a mixed-use building or
structure, on the residential uses in the mixed-use building or structure,
according to the type of residential unit and calculated with respect to each of
the services according to the type of residential use.
Reduction of Development Charges for Redevelopment
3.8 Despite any other provisions of this By-law, where, as a result of the
redevelopment of land, a building or structure existing on the same land within
60 months prior to the date of payment of development charges in regard to
such redevelopment was, or is to be demolished, in whole or in part, or
converted from one principal use to another principal use on the same land in
order to facilitate the redevelopment, the development charges otherwise
payable with respect to such redevelopment shall be reduced by the following
amounts:
(a) in the case of a residential building or structure or, in the case of a
mixed-use building or structure, the residential uses in the mixed-use
building or structure, an amount calculated by multiplying the
applicable development charge under section 3.7 by the number,
according to type, of dwelling units that have been or will be
demolished or converted to another principal use;
provided that such amounts shall not exceed, in total, the amount of the
development charges otherwise payable with respect to the redevelopment.
Time of Payment of Development Charges
3.9 Development charges imposed under this By-law are calculated, payable and
collected upon issuance of a building permit with respect to each dwelling
unit, building or structure.
3.10 Notwithstanding subsection 3.7, development charges for rental housing and
institutional developments are due and payable in 6 instalments commencing
with the first instalment payable on the date of occupancy, and each
subsequent instalment, including the applicable interest rate, payable on the
anniversary date each year thereafter.
3.11 Notwithstanding subsection 3.7, Development Charges for non-profit housing
developments are due and payable in 21 instalments commencing with the
first instalment payable on the date of occupancy, and each subsequent
instalment, including the applicable interest rate, payable on the anniversary
date each year thereafter.
3.12 Where the development of land results from the approval of a Site Plan or
Zoning By-law Amendment received on or after January 1, 2020, and the
approval of the application occurred within two years of building permit
issuance, the development charges under subsection 3.7 shall be calculated
on the rates set out in Schedule "B" on the date of the planning application,
including the applicable interest rate. Where both planning applications apply
development charges under subsection 3.7 shall be calculated on the rates,
including the applicable interest rate, set out in Schedules "B" on the date of
the later planning application.
3.13 Despite section 3.9, Council from time to time, and at any time, may enter into
agreements providing for all or any part of a development charge to be paid
before or after it would otherwise be payable, in accordance with section 27 of
the Act.
4. PAYMENT BY SERVICES
4.1 Despite the payment required under section 3.7, Council may, by agreement,
give a credit towards a development charge in exchange for work that relates
to a service to which a development charge is imposed under this By-law.
5. INDEXING
5.1 Development charges imposed pursuant to this By-law shall be adjusted
annually, without amendment to this By-law, commencing on the 1st of
January 2023 and each year thereafter, in accordance with the prescribed
index in the Act.
6. SCHEDULES
6.1 The following schedules shall form part of this By-law:
Schedule A – Components of Services Designated in section 2.1
Schedule B – Residential Development Charges.
7. CONFLICTS
7.1 Where the Municipality and an owner or former owner have entered into an
agreement with respect to land within the area to which this By-law applies,
and a conflict exists between the provisions of this By-law and such
agreement, the provisions of the agreement shall prevail to the extent that
there is a conflict.
7.2 Notwithstanding section 7.1, where a development which is the subject of an
agreement to which section 7.1 applies, is subsequently the subject of one or
more of the actions described in subsection 3.4 (a), an additional
development charge in respect of the development permitted by the action
shall be calculated, payable and collected in accordance with the provisions of
this By-law if the development has the effect of increasing the need for
services, unless such agreement provides otherwise.
8. SEVERABILITY
8.1 If, for any reason, any provision of this By-law is held to be invalid, it is hereby
declared to be the intention of Council that all the remainder of this By-law
shall continue in full force and effect until repealed, re-enacted, amended or
modified.
9. DATE BY-LAW IN FORCE
9.1 This By-law shall come into effect at 12:01 AM on October 7, 2022.
10. DATE BY-LAW EXPIRES
10.1 This By-law will expire at 12:01 AM on October 7, 2027 unless it is repealed
by Council at an earlier date.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY OF OCTOBER 2022. ___________________________ _____________________________ MAYOR CLERK
SCHEDULE “A” TO BY-LAW 2022-067
COMPONENTS OF SERVICES DESIGNATED IN SECTION 2.1
Settlement Area of Port Burwell:
Water Services
Wastewater Services
Settlement Area of Vienna:
Water Services
Wastewater Services
Settlement Area of Straffordville:
Wastewater Services
Settlement Area of Eden:
Wastewater Services
Settlement Area of Richmond:
Water Services
Note: Refer to the Municipality’s Official Plan for maps of the Settlement Areas
SCHEDULE “B” TO BY-LAW 2022-067
SCHEDULE OF DEVELOPMENT CHARGES
Settlement Area
Singles and
Semi-Detached Multiples
Apartments 2+
Bedrooms
Apartments 1
Bedroom or less
Port Burwell
Water Services 3,955$ 2,748$ 1,942$ 1,235$
Wastewater Services 11,329$ 7,870$ 5,562$ 3,536$
Total Port Burwell 15,284$ 10,618$ 7,504$ 4,771$
Vienna
Water Services 4,015$ 2,789$ 1,971$ 1,253$
Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$
Total Vienna 16,966$ 11,786$ 8,329$ 5,296$
Straffordville
Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$
Total Straffordville 12,951$ 8,997$ 6,358$ 4,043$
Eden
Wastewater Services 12,951$ 8,997$ 6,358$ 4,043$
Total Eden 12,951$ 8,997$ 6,358$ 4,043$
Richmond
Water Services 13,506$ 9,382$ 6,630$ 4,216$
Total Richmond 13,506$ 9,382$ 6,630$ 4,216$
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-069
BEING A BY-LAW TO ADOPT AN ELECTRONIC MONITORING POLICY
WHEREAS the Provincial Government passed Bill 88, amending the Working for
Workers Act, 2021 on April 11, 2022;
AND WHEREAS this Bill requires employers with more than 25 employees to
implement an Electronic Monitoring Policy on or before October 11, 2022; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it
necessary to adopt an Electronic Monitoring Policy;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT an Electronic Monitoring Policy attached as Schedule “A” be adopted;
2. THAT this by-law shall take force and effect on the day of its passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 6th DAY
OF OCTOBER 2022.
____________________________ _____________________________
MAYOR CLERK
Municipality of Bayham Electronic Monitoring Policy Section 1 – Purpose
1.1 The Municipality of Bayham (hereinafter, the “Municipality”) is providing transparency to employees with respect to electronic monitoring capabilities and purposes, which may be utilized during the course of employment.
1.2 The Policy should be read alongside the Municipality’s related Policies, including but not limited to:
Personnel Policy
Non-Union Work From Home Policy
Any relevant and applicable legislation such as the Employment Standards Act, 2000 (“ESA”), including the amendments to the ESA arising from the Working for Workers Act, 2021, Bill 88, and the Occupational Health and Safety Act
Applicable Collective Agreement articles for CUPE
Any other policy that may become applicable and/or relevant.
Section 2 – Scope
2.1 This Policy applies to all Employees of the Municipality, whether they are working on-site, remotely, or through an approved flexible work arrangement.
Section 3 – Definitions
3.1 Electronic Monitoring refers to all forms of employee monitoring that is done using
electronic means. Some examples (not specific to the Municipality) include, where an employer uses GPS to
track the movement of an employee’s delivery vehicle; or uses an electronic sensor to track employee productivity; or tracks websites that employees visit during working hours. Employee has the same definition as “employee” in section 1(1) of the ESA.
Section 4 – Policy General
4.1 The Municipality uses various electronic monitoring tools in different circumstances and for different purposes as described in Appendix “A” to this policy.
4.2 The Municipality utilizes tools that are able to both actively and passively monitor employee activity. The majority of the Municipality’s electronic monitoring is done passively, through
the creation of electronic records by employees in the normal course of fulfilling their employment duties.
4.3 Information gathered via the Electronic Monitoring activities described in Appendix “A” may be used for employment-related purposes including, but not limited to, purposes such as assessing productivity, in the investigation of alleged violations of law, regulations, or
applicable Municipal policies, procedures and expectations, or other instances of misconduct or concerns related to health, safety and security. 4.4 The Municipality may also audit Electronic Monitoring information at any time, subject to limitations imposed by contracts of employment, collective agreements or applicable law. 4.5 The result of electronic monitoring may lead to discipline, up to and including termination of employment, if warranted in the circumstances. 4.6 The Municipality values employee privacy and its use of information obtained from electronic monitoring tools for employment-related or disciplinary purposes is discretionary,
and is subject to any rights an employee may otherwise have per their employment contract, collective agreement or otherwise at law. This Policy does not create any new privacy rights for employees or a right to not be electronically monitored. Nothing in this
policy affects or limits the Municipality’s ability to use information obtained through electronic monitoring, subject to applicable law.
4.7 The Municipality reserves the right to monitor Information Technology assets and services belonging to the Municipality to ensure secure, effective, and appropriate use. Employees should not have an expectation of privacy as it relates to their usage of Municipality
Information Technology or the location of Municipality assets, including laptops and mobile devices.
Section 5 – Employer Obligations 5.1 The Municipality may reasonably utilize Electronic Monitoring for any valid business
purpose. The Municipality will continue to be transparent with Employees with respect to any electronic monitoring capabilities, as technology evolves.
5.2 Employee electronic monitoring data is made available to a limited number of authorized representatives, or third parties associated with the Municipality, and is restricted based on requirements for legitimate business purposes. Information access is on an as-needed basis and will comply with related policies, confidentiality, and security requirements. Section 6 – Employee Obligations 6.1 Employees of the Municipality should always ensure they are working within the policies of the Municipality, including policies related to use of Municipal technology. 6.2 When unsure, employees are encouraged to ask their supervisor or the CAO for instruction
or clarification on appropriate usage. Section 7 – Posting, Notice, and Retention
7.1 The Municipality shall provide a copy of this Policy to each employee within 30 calendar days of implementation. Should any changes be made to the Policy after its
implementation, the Municipality shall provide each employee a copy of the revised Policy within 30 days of the changes being made.
7.2 The Municipality shall provide a copy of this Policy to all new employees upon onboarding and within 30 calendar days of the employee commencing employment with the Municipality.
7.3 The Municipality shall retain a copy of this and any revised version of this Policy for three years after it ceases to be in effect. 7.4 The Municipality may amend this Policy from time to time in its sole discretion. If the Municipality amends this policy, it will provide an amended copy of the Policy to employees
within thirty (30) days of the changes being made.
APPENDIX ‘A’
Electronic Monitoring Tool Circumstances in which Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the collected information may be used*
Physical Security Key FOBs, access cards, alarm panels, cards, etc., with electronic functionality
At any time during use An electronic sensor creates a record each time an authorized user scans the key fob (etc.) and enters a Municipal facility or part thereof;
Authenticating entry into buildings; security of premises; verification of attendance;
CCTV Video Camera Systems Continuous Cameras record video footage of specific areas within certain Municipal facilities and properties, including the administration building and public works yard
Physical security; employee security; investigations; parking enforcement;
Location Tracking (Laptops, Mobile Devices)
At any time during use Mobile Device Management Software tracks location of
devices;
Locating corporate assets; Health and safety (assisting in
locating employee); Electronic Monitoring Tool Circumstances in which Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the collected information may be used*
Network Security Firewalls, Virtual Private Networks (VPN) / Web Gateway
Continuous Network security programs and tools monitor use and access of Municipal systems and networks;
Network security;
IT security
software / cybersecurity prevention tools
Continuous Software tracks and
triggers events for suspicious or risky use activity (e.g.
quarantining and preventing suspicious e-mail);
Network security;
Wi-Fi Access Points At any time during use Records maintained regarding access to WiFi access point including device, user,
time, duration of use;
Network security;
Network Servers At any time during use Create records of all e-mails sent and received, all electronic records created and saved, all websites accessed, information details regarding when, how, from what ID, from what device, etc.
Network security;
Where an e-mail is quarantined, ITS and authorized managers can read content of e-mail; Electronic Monitoring Tool Circumstances in which
Electronic Monitoring May Occur
How Electronic Monitoring Occurs Purpose(s) for which the
collected information may be used*
Software Mobile Device Management
Software
Continuous Software monitors and creates records of
serial number of device, provider information, operating system, applications installed, WiFi History;
Track user activity
*All electronic monitoring information may be used for employment-related or disciplinary purposes
as set out in this Policy.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BLUE FLAG BEACH COMMITTEE MINUTES TRACKLESS LOUNGE 56169 Heritage Line, Straffordville, ON Wednesday, July 13, 2022 3:00 p.m. COMMITTEE MEMBERS PRESENT: Tom Manley Earl Shea Barry Wade Ed Ketchabaw (ex-officio) COMMITTEE MEMBERS ABSENT: Paul Gagnon Noel Hayes
STAFF ATTENDANCE: Thomas Thayer, CAO|Clerk 1. CALL TO ORDER The Meeting of the Blue Flag Beach Committee was called to order at 3:06 pm by Thomas Thayer,
who chaired the meeting. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF There were no disclosures of pecuniary interest. 3. ITEMS FOR DISCUSSION A. Welcome Back All attending members introduced themselves. The CAO|Clerk introduced himself to the Committee. B. 2022 Blue Flag Status and Requirements
The CAO|Clerk advised that Blue Flag Status was awarded to the Port Burwell East Beach for 2022 in May and made public in June. Water testing has been satisfactory to-date. The East Beach was expanded eastward prior to the open of the season. New signage was added prior to the start of the season identifying the period in which rescue equipment is available for users.
Group discussion pertained to water quality signage and signage for dogs on the beach. Moved by: Barry Wade
Seconded by: Tom Manley THAT the 2022 Blue Flag Status and Requirements discussion be received.
CARRIED
2022 Blue Flag Beach Committee Minutes July 13, 2022
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C. Committee Structure / Mandate
The CAO|Clerk provided an overview of the Committee’s existing mandate and structure. The CAO|Clerk advised that, for the new term, changes to the mandate and structure may occur to
improve the functionality of the Committee and ensure an increased level of communication on Committee decisions to Municipal Council.
Earl Shea read a report on wishes for an expanded mandate for the Committee and more community involvement. Moved by: Tom Manley Seconded by: Barry Wade THAT the Committee Structure / Mandate discussion be received. CARRIED D. Beach Signage & Accessibility The CAO|Clerk reiterated the new signage for the rescue equipment. Mobi-mats continue to be
a potential accessibility item for the beach, grant-contingent. The CAO|Clerk also mentioned that accessible picnic tables are available on the accessible concrete pad at the beach.
Group discussion was had regarding the possibility of an accessible pathway off of the west parking lot and over the west bioswale outlet to provide for access to the beach.
Moved by: Tom Manley Seconded by: Barry Wade THAT the Beach Signage & Accessibility discussion be received. CARRIED E. Educational Events The CAO|Clerk mentioned that, due to COVID-19, the education events were kept as status quo for 2022. Group discussion on educational components will be brought back to the next meeting for
further discussion pertaining to the 2023 season. Moved by: Barry Wade
Seconded by: Tom Manley THAT the Educational Events discussion be received.
CARRIED
2022 Blue Flag Beach Committee Minutes July 13, 2022
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F. General Discussion
Moved by: Barry Wade Seconded by: Tom Manley
THAT the General Discussion including additional topics of
Hagerman Street access
Safety/Rescue/Emergency vehicle access
Parking concerns on the Robinson roundabout
Fencing for sand retention
Additional garbage receptacles
Parking lot expansion be received. CARRIED
G. Next Meeting Date The next Blue Flag Beach Committee Meeting will be Wednesday, September 14, 2022 at 2pm. 4. ADJOURNMENT Moved by: Barry Wade Seconded by: Tom Manley THAT the July 13, 2022 Blue Flag Committee Meeting be adjourned at 4:38 pm.
CARRIED
ADVISORY BOARD &
COMMITTEE RESOLUTION
Date: October 6, 2022 To: Mayor & Members of Council
From: Blue Flag Beach Advisory Committee
Subject: Motion from September 15, 2022 Meeting
The Blue Flag Beach Advisory Committee respectfully requests the following motion be considered by the Council of the Municipality of Bayham at the regular Council meeting of October 6, 2022: Moved by: Barry Wade Seconded by: Earl Shea THAT the general discussion including the following topics be received:
Snow fences
Contracting of beach grooming
Beach-specific by-laws
Beach crowding
Mobi-mats
Parking AND THAT the Blue Flag Beach Committee recommends to Council to
consider installing snow fences to encourage sand retention and dune formation in 2023; AND THAT the Blue Flag Beach Committee recommends to Council to investigate the option for contracting out beach grooming; AND THAT the Blue Flag Beach Committee recommends to Council to conduct a by-law review regarding prohibitions of enclosed tents and barbecues on East Beach.
CARRIED
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-070 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD OCTOBER 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 October 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 OCTOBER 2022.
____________________________ _____________________________ MAYOR CLERK