HomeMy WebLinkAboutNovember 03, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, November 3, 2022
7:00 p.m.
The November 3, 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. Special Council Meeting held October 4, 2022
B. Regular Council Meeting held October 6, 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 PS-20/22 by Steve Adams, Manager of Public Works|Drainage Superintendent
re Gray Street Lighting
2022 Council Agenda November 3, 2022
2
B. Report PS-21/22 by Steve Adams, Manager of Public Works|Drainage Superintendent
re 2023 Agreement Renewals
C. Report PS-22/22 by Steve Adams, Manager of Public Works|Drainage Superintendent
re 2022-2023 Winter Operations Plan
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting – Minor Variance Application A-10/22 53881 Maple Grove Line
B. Notice of Application for Draft Plan of Subdivision – Vienna Ridge 34T-BA2201
12.1.2 Requiring Action
12.2 Reports to Council
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Elgin County re October 11th Council Highlights
B. Ministry of Municipal Affairs and Housing re More Homes Build Faster: Ontario’s
Housing Supply Action Plan 2022-2023
C. Town of Mattawa re Strong Mayors
D. Municipality of Thames Centre re Strong Mayors
E. Municipality of South Huron re Strong Mayors
F. Muireann Peters re Letter to Mayor Ketchabaw
13.1.2 Requiring Action
A. Susie Sawatzky re Request for Signage at Richmond Water Pump House
13.2 Reports to Council
A. Report TR-17/22 by Lorne James, Treasurer re 2022 Q3 Variance Report
B. Report CAO-61/22 by Thomas Thayer, CAO|Clerk re Post Municipal Election
Accessibility Report
C. Report CAO-62/22 by Thomas Thayer, CAO|Clerk re Post Municipal Election Statistical
Report
2022 Council Agenda November 3, 2022
3
D. Report CAO-63/22 by Thomas Thayer, CAO|Clerk re Port Burwell Lighthouse Heritage
Cladding Assessment Report
14. BY-LAWS
A. By-Law No. 2022-071 Being a by-law to authorize the execution of a library lease
agreement between the Municipality of Bayham and the County of Elgin – Fred
Bodsworth (Port Burwell)
B. By-Law No. 2022-072 Being a by-law to authorize the execution of a library lease
agreement between the Municipality of Bayham and the County of Elgin – Straffordville
C. By-Law No. 2022-073 Being a by-law to authorize the execution of documents for an
integrity commissioner and closed meeting investigator for the Corporation of the
Municipality of Bayham pursuant to sections 8, 9, 10, 11, 223.3 & 239.2 of the Municipal
Act, 2001, S. O. 2001, C. 25, as amended
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
16.1 In Camera
A. Confidential Report re labour relations, employee negotiations (Human Resources)
B. Confidential Verbal Item re personnel matters about an identifiable individual (CAO
Performance Review)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-074 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
SPECIAL COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers - HYBRID
Tuesday, October 4, 2022
6:30 p.m.
The October 4, 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 *attended virtually
SUSAN CHILCOTT
STAFF PRESENT:
CAO|CLERK THOMAS THAYER
DEPUTY CLERK MEAGAN ELLIOTT
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 6:30 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. 2023 – 2032 CAPITAL BUDGET - DRAFT
A. Report TR-16/22 by Lorne James, Treasurer re 2023-2032 Capital Budget – Draft
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Staff Report TR-16/22 re 2023-2032 Capital Budget be received for information;
AND THAT Council approve the fourteen (14) Capital items identified in Report TR-16/22 for
2023 procurement;
AND THAT Capital Item GG1 – Market Analysis be sole sourced to Ward and Uptigrove.
CARRIED
4. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2022-068 Being a by-law to confirm all actions of Council
2022 Council Minutes October 4, 2022
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Confirming By-law No. 2022-068 be read a first, second and third time and finally
passed.
CARRIED
5. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT the Council meeting be adjourned at 7:11 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, October 6, 2022
7:00 p.m.
The October 6, 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
MANAGER OF PUBLIC WORKS STEVE ADAMS
FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
16. C Update from Mayor Ketchabaw re Meeting with MPP Rob Flack
4. ANNOUNCEMENTS
Mayor Ketchabaw announced that next week is Fire Prevention Week and this year’s theme is
“Fire Won’t Wait – Plan Your Escape”. There will be an open house at the Straffordville Fire Hall
on Tuesday, October 11th from 7 – 9 pm and an open house at the Port Burwell Fire Hall on
Wednesday, October 12th from 6:30 – 8:30 pm. All are welcome to attend.
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
2022 Council Minutes October 6, 2022
2
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the minutes from the Regular Council Meeting held September 15, 2022 and the
minutes from the Court of Revision – Hampton Drain Meeting held September 15, 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
A. Report BL-02/22 by Harry Baranik, Fire Chief|By-Law Enforcement re Animal Control By-
Law – Requirement for Dog Licensing
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report BL-02/22 re Animal Control By-law – Requirement for Dog Licensing be
received for information;
AND THAT the requirement for each dog owner to license their dog through the
Municipality and purchase a Municipal dog tag be discontinued effective January 1, 2023;
AND THAT the identification of a dog, by way of tag and/or microchip, be the sole
responsibility of the owner;
AND THAT the appropriate amending by-law to further amend By-law No. 2015-113, as
amended, be brought forward for Council’s consideration.
CARRIED
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
2022 Council Minutes October 6, 2022
3
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report FR-07/22 re Elgin County Fire Communications Equipment Study – Fire
Paging and Two-Way Radio Communications System Study be received for information;
AND THAT a Fire Communications Reserve be created and included in the 2023-2032
Capital Budget;
AND THAT, commencing in 2024 and for a period of five (5) years, $30,000 per year be
allocated into the Fire Communications Reserve.
CARRIED
C. Report FR-08/22 by Harry Baranik, Fire Chief|By-Law Enforcement re Renewal of Medical
Tiered Response Agreement
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT Report FR-08/22 re Renewal of the Medical Tiered Response Agreement (TRA) be
received for information;
AND THAT the appropriate by-law to authorize a new Tier Response Agreement with
Medavie EMS and the London CACC be brought forward for Council’s consideration.
CARRIED
D. Report PS-18/22 by Steve Adams, Manager of Public Works|Drainage Superintendent re
Bulk Item Curbside Pick-Up Two Month Update
Council recessed from 7:31 to 7:39 due to technical difficulties
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
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.
CARRIED
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
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
2022 Council Minutes October 6, 2022
4
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.
CARRIED
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
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT items 12.1.1 A & B be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-54/22 by Thomas Thayer, CAO|Clerk re 3rd Quarter Report
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Staff Report DS-54/22 re 3rd Quarter Report be received for information.
CARRIED
B. Report DS-56/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent
Application E69-22 Kristensen, 57220 Eden Line
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report DS-56/22 regarding Consent Application E69-22 for Kristensen be received for
information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E69-22 be granted subject to the following conditions and considerations:
1. Installation of an individual private well on the severed lot with water quantity and water
quality reports for bacteria and nitrates content meeting the Provincial standards for
residential use, as a matter of public health and safety
2022 Council Minutes October 6, 2022
5
2. Installation of a municipal sanitary sewer connection to the severed lot at the
applicants’ cost for permits and installation
3. Provide engineered storm water management, drainage and grading plans showing the
lot will not have a negative drainage impact on the abutting lands
4. That the applicant initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule for the Eden Line West Branch Drain
in accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid
in full to the Municipality prior to the condition being deemed fulfilled. If the deposit
does not cover the costs of the revised assessment schedule, the applicant will be
billed for any additional costs incurred.
5. Municipal road access permit
6. Purchase of a civic number sign for the severed lot
7. Cash in Lieu of Parkland Dedication fee to the Municipality for the created lot
8. Planning Report fee payable to the Municipality
9. Provide a digital copy of the registered plan of survey
CARRIED
C. Report DS-57/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent
Application E74-22 Obar and Cain, 11643 Plank Road
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-57/22 regarding Consent Application E74-22 for Obar and Cain be
received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E74-22 be granted subject to the following conditions and considerations:
1. Installation of an individual private well on the severed lot with water quantity and water
quality reports for bacteria and nitrates content meeting the Provincial standards for
residential use, as a matter of public health and safety
2. Installation of a municipal sanitary sewer connection to the severed lot at the
applicants’ cost for permits and installation
3. Provide engineered storm water management, drainage and grading plans showing the
lot will not have a negative drainage impact on the abutting lands
4. That the applicant initiate and assume, if required, all engineering costs associated with
the preparation of a revised assessment schedule for the West Branch Eden Drain in
accordance with the Drainage Act, RSO 1990, as amended, with a deposit to be paid in
full to the Municipality prior to the condition being deemed fulfilled. If the deposit does
not cover the costs of the revised assessment schedule, the applicant will be billed for
any additional costs incurred.
5. Confirmation from the County of Elgin for future access to the County road
6. Purchase of a civic number sign for the severed lot
7. Cash in Lieu of Parkland Dedication fee to the Municipality for the created lot
8. Planning Report fee payable to the Municipality
9. Provide a digital copy of the registered plan of survey
CARRIED
2022 Council Minutes October 6, 2022
6
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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT items 13.1.1 A – E be received for information;
AND THAT Council support item 13.1.1 E;
AND THAT the Council of The Corporation of the Municipality of Bayham recommend to the
Elgin Group Police Services Board that methods for increased rural speed enforcement be
investigated and strongly considered.
CARRIED
13.1.2 Requiring Action
A. Brad Kennedy re Street Light Request
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the correspondence from Brad Kennedy re Street Light Request be received for
information;
AND THAT staff investigate the costing and viability of installing a streetlight at the end of
Gray Street, Eden.
CARRIED
13.2 Reports to Council
A. Report CAO-53/22 by Thomas Thayer, CAO|Clerk re 2023 Council Schedule
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report CAO-53/22 re 2023 Council Schedule be received for information;
AND THAT Council approve the 2023 Council Schedule.
CARRIED
2022 Council Minutes October 6, 2022
7
B. Report CAO-54/22 by Thomas Thayer, CAO|Clerk re Library Leases for Straffordville
Library and Fred Bodsworth Library
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CAO-54/22 re Library Leases for Straffordville Library and Fred Bodsworth
Library be received for information;
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;
AND THAT the appropriate authorizing by-laws be brought forward for Council’s
consideration.
CARRIED
C. Report CAO-55/22 by Thomas Thayer, CAO|Clerk re Road Access Agreement –
Execulink Telecom Inc.
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report CAO-55/22 re Road Access Agreement – Execulink Telecom Inc. be received
for information;
AND THAT the appropriate by-law to enter into a Road Access Agreement with Execulink
Telecom Inc. be brought forward for Council’s consideration.
CARRIED
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)
Moved by: Councillor Donnell
Seconded by: Councillor Froese
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.
CARRIED
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)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
2022 Council Minutes October 6, 2022
8
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.
CARRIED
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
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CAO-58/22 re Capital Items PR-02 and PR-03 – Vienna Community Park and
Canoe/Kayak Launch be received for information;
AND THAT PR-02 – Vienna Community Park – be included in the 2023-2032 Capital
Budget as a 2023 item;
AND THAT PR-03 – Canoe / Kayak Launch – be included in the 2023-2032 Capital Budget
as a 2024 item.
CARRIED
G. Report CAO-59/22 by Thomas Thayer, CAO|Clerk re Adoption of Water and Wastewater
Development Charges By-Law
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report CAO-59/22 re Adoption of Water and Wastewater Development Charges By-
law be received for information;
AND THAT the appropriate water and wastewater development charge by-law be brought
forward for Council’s consideration.
CARRIED
H. Report CAO-60/22 by Thomas Thayer, CAO|Clerk re Electronic Monitoring Policy
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report CAO-60/22 re Electronic Monitoring Policy be received for information;
AND THAT the Electronic Monitoring Policy be adopted as presented;
AND THAT the appropriate by-law be brought forward for Council’s consideration.
CARRIED
2022 Council Minutes October 6, 2022
9
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
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-Law No. 2022-065, 2022-066, 2022-067 & 2022-069 be read a first, second, and
third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. July 13, 2022 Blue Flag Beach Committee Meeting Minutes
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT the minutes from the July 13, 2022 Blue Flag Beach Committee Meeting be received.
CARRIED
B. Blue Flag Beach Committee Resolution from September 14, 2022 Meeting
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT the Blue Flag Beach Committee resolution from the September 14, 2022 Meeting that
includes recommendations to Council be received for information;
AND THAT staff investigate and report back to Council on a By-law review regarding the
prohibition of enclosed tents and barbecues.
CARRIED
C. Update from Mayor Ketchabaw re Meeting with MPP Rob Flack
2022 Council Minutes October 6, 2022
10
16.1 In Camera
16.2 Out of Camera
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
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2022-070 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 9:07 p.m.
CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: November 3, 2022
REPORT: PS-20/22 SUBJECT: REQUEST FOR ADDITIONAL STREET LIGHTING – GRAY STREET, EDEN
BACKGROUND
At the October 6, 2022 meeting, the Council of The Corporation of the Municipality of Bayham
received correspondence from Brad Kennedy regarding an additional streetlight at the end of
Gray Street in Eden. Council passed the following motion:
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT the correspondence from Brad Kennedy re Street Light Request be received
for information
AND THAT staff investigate the costing and viability of installing a streetlight at the
end of Gray Street, Eden.
DISCUSSION
The Municipality of Bayham operates and maintains 470 street lights across the municipality,
which utilizes an operating budget line item of $33,000 annually for hydro usage. The lights are
attached to Hydro One, Eastlink Telecommunications, and municipally-owned poles. The
Municipality utilizes ERTH Holdings, which maintains these lights at the direction of the
Manager of Public Works or designate. Annually, the Electrical Safety Authority conducts an
inspection of the lights and submits annual reports as a pass/fail deficiency list which then are
fixed by ERTH at the request of Municipal staff.
The light that is proposed to be installed at the end of Gray Street at civic address 57118 is
pending hydro approval to use the existing pole. The Municipal contractor (ERTH) believes a
pole will need to be installed at this location due to the existing infrastructure on the existing
pole. The cost to install the pole, light connections, and inspection notwithstanding trenching,
road cut and vacuum excavation, which if all required will cost $6,327.00. This could be
completed no sooner than two (2) weeks from notice to the contractor to a maximum of six (6)
weeks. The operational expense to operate the light annually would cost approximately $68.
If Council decides to move forward on the new standard, the light would be allocated through
the streetlight operational budget. This operational budget line covers maintenance and utilities
and does not include funding for new proposals. The 2022 street lighting operating budget line
at the end of the third quarter will allow for this one-off additional light to be added not given any
additional maintenance or replacement due to accidents or weather that will be needed.
RECOMMENDATION
THAT Report PS-20/22 re Gray St. Request for Additional Street Lighting be received for
information;
AND THAT Council provide direction to staff regarding the potential of installing a new pole and
light at the end of Gray Street, Eden.
Respectfully Submitted by: Reviewed by:
_________________________________ _____________________________
Steve Adams Thomas Thayer, CMO
Manager of Public Works- CAO|Clerk
Drainage Superintendent
REPORT
Physical Services
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: November 3, 2022
REPORT: PS-21/22 SUBJECT: 2023 AGREEMENT RENEWALS
BACKGROUND
In advance of the 2023 Operating Budget, staff have been working with suppliers and contractors to secure
future costing and updating contracts due to a number of contracts set to expire in December 2022. As
demonstrated in many other procurements processes, staff has seen a significant increase in primarily all
material and labour costs this year. If Council chooses to proceed, staff have secured pricing with
contractors and updated agreements to be in line with the upcoming 2023 Operating Budget.
DISCUSSION
AGREEMENT NO. 0649 – MOBIL SERVICES-PAVEMENT MARKINGS
On March 1, 2018, the Council of the Corporation of the Municipality of Bayham passed By-law No. 2018-
030, being a by-law to authorize the execution of Agreement No. 0649 with Mobil Services Inc. for the
provision of Pavement Markings at various locations within the Municipality of Bayham. Subject to Council
consideration and approval, Mobil Services Inc. has agreed to a contract extension for an additional one
year as follows:
One (1) year term ending December 31, 2023.
o Increase of 13% since 2022
o All other terms and conditions would remain unchanged.
Mobil Services Inc. have been providing the Municipality with stop bar painting and parking lot painting for
more than 16 years. The 2023 rate increase of 13% amounts to an annual average difference of $570.00.
In 2018, an RFT was issued for the renewal of the pavement markings and, with this, the combined two-
year percentage increase of 17.9%. The increase we will see for 2023 is still more cost-effective than the
2018 runner-up bid price of 41.25%. 2022 has proven to be a tough year for our center line and stop block
painters to procure the proper amounts of paint as a nationwide shortage was announced in June.
AGREEMENT NO. 0645 – KOOLEN ELECTRIC
On January 18, 2018, the Council of the Corporation of the Municipality of Bayham passed By-law No.
2018-015, being a by-law to authorize the execution of Agreement No. 0645 with Koolen Electric for the
provision of Facility Preventative Maintenance works associated with HVAC in various facilities. Subject to
Council consideration and approval, Koolen Electric has agreed to a contract extension as follows:
One (1) year term ending December 31, 2023.
All terms remain the same with no price increase.
AGREEMENT NO. 0740 – WINTER SALT TRUCKING SERVICES
On July 16, 2020, the Council of the Corporation of the Municipality of Bayham passed By-law No.
2020-070, being a by-law to authorize the execution of an agreement (Agreement No. 0740) with
Wilson’s Trucking (Port Burwell) for the provision of Winter Salt Trucking. Wilson’s trucking has
provided this service since the winter of 2019-2020. Subject to Council consideration and approval,
Wilson’s Trucking has agreed to a contract extension as follows:
One (1) year term ending December 31, 2023.
Increase of 25% or $3.25/tonne to $16.25/ tonne of rock salt hauled to the Municipality.
All other terms remain the same.
This proposal is a significant increase due to fuel surcharge uncertainty. The 25% increase is an
average annual increase of $4,225.00. This cost is allocated in the County and Municipal winter
control budget. This cost would be the same as the contract delivery price we have with Windsor
Salt. Municipal staff believes that utilizing a Bayham contractor to be beneficial especially given
rates are comparable.
AGREEMENT No. 0750 – RECYCLING RECEPTACLE SERVICES
On January 21, 2021, the Council of the Corporation of the Municipality of Bayham passed By-law
No. 2021-004, being a by-law to authorize the execution of an agreement with Ramona Peidl for the
provision of recycling receptacles services (Agreement No. 0750). Ramona’s services to more than
26 receptacles throughout the Municipality has been impeccable. With multiple weekly stop,
maintenance, and cleaning of the receptacles, she has saved staff 15-18 weekly hours to complete
the pickups. Subject to Council consideration and approval, Ms. Peidl has agreed to a contract
extension as follows:
o One (1) year term ending December 31, 2023.
o Increase from $16.25 to $21 per hour
o All other terms and conditions would remain unchanged.
Ms. Peidl’s proposal represents a 25% increase since 2021. Ms. Peidl and staff discussed the
factors that affect the price which largely include fuel and labour costs with travel time to pick up at
over 26 locations. Since the 2017 agreement, Municipal staff have added 4 receptacles which Ms.
Peidl has been maintaining at no additional cost.
Moving forward Ms. Peidl has presented the following additional options:
Agreeable to lock into an additional 3 year agreement at $21/hour.
No increase to price for 3 years due to fuel or additional bins.
All other terms remain the same.
Staff have reviewed and are amenable to an additional 3-year contract extension with Ms. Peidl.
RECOMMENDATION
1. THAT Report PS-21/22 re 2023 Agreement Renewals be received for information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to one (1)-
year extensions for the following agreements, subject to the revised terms as noted in
Report PS-21/22:
Mobil Services Inc. (Agreement No. 0649)
Koolen Electric (Agreement No. 0645)
Winter Salt Truck Services (Agreement No. 0740);
3. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to a three
(3)-year extension with Ramona Peidl for Recycling Receptacle Services (Agreement No.
0750), subject to the revised terms as noted in Report PS-21/22;
4. AND THAT the appropriate by-laws be brought forward for Council’s consideration.
Respectfully Submitted by: Reviewed by:
_________________________________ _____________________________
Steve Adams Thomas Thayer, CMO
Manager of Public Works| CAO|Clerk
Drainage Superintendent
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: November 3, 2022
REPORT: PS-22/22
SUBJECT: 2022-2023 WINTER OPERATIONS PLAN
BACKGROUND
On November 18, 2021 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
THAT Report PS-13/21 re Winter Operations Plan - Level of Service be received for
information.
AND THAT the Council of the Corporation of the Municipality of Bayham approve the
Municipality of Bayham Winter Operations Plan – Level of Service Policy attached
hereto as Appendix ‘A’;
The Municipality’s Public Works Department and the Municipal contractor each winter season
complete the following winter operations throughout the Municipality, from November 15 through
March 22 of the following calendar year, with a variety of different operations:
Routine patrolling
Roadway snow removal
Sidewalk snow removal
Roadway Anti-Icing
The Municipality is required to follow Regulation 239/02, Minimum Maintenance Standards for
Municipal Highways (MMS). The MMS under The Ontario Municipal Act, 2001, identifies the
Municipal role and obligation to maintain the roads to a reasonable state of repair. There is no
provincial legislation that requires the Municipality to have a winter operations plan, however
this has been identified and advised in the past by the Municipality’s Insurer that a Council-
endorsed winter operation plan may defend the Municipality in a future claim.
DISCUSSION
The Municipality of Bayham Winter Operations Plan – Level of Service Policy, attached hereto
as Appendix ‘A’, contains only typographical and mapping updates from the 2021-2022
document.
The Municipality of Bayham Winter Operations Plan – Level of Service Policy sets out a policy
and procedural framework for ensuring that the Municipality of Bayham continuously improves
on the effective delivery of winter maintenance services and the management of road salt used
in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the
Environmental Management of Road Salts.
The Municipality of Bayham Winter Operations Plan – Level of Service Policy is meant to allow
for an annual review and updates if any changes within the MMS are made. This allows for any
alterations at the start of every season and the ability to obtain any equipment, staffing or
materials needed to complete the winter season.
Based on the MMS, the Roadway Classifications and the Average Annual Weekday Traffic
(AADT), the charts below indicate the minimum response time to address snow accumulation
based on depth of snow fall.
AADT REG. 239/02 Classification
15,000 or more 2
4,000 - 14,999 3
500 – 3,999 4
0 - 499 5
Class of Highway Depth (cm) Time (hours)
1 2.5 4
2 5 6
3 8 12
4 8 18
5 10 24
*Highlighted are the classification of roads that the Municipality of Bayham is responsible for
2022-2023 Updates include the following changes to the winter operations plan:
4750 meters of sidewalk have been added to the sidewalk plowing maps
4700 meters of gravel that were converted to tar and chip in 2022
The updates come from our 2022 Capital Budget with an increase of our total operational
sidewalk plowing distance to 18 km and on average a difference of $570 per snowfall for the
clearing of snow and ice.
During the winter maintenance period, Public Works staff has 2 Supervisory staff and 1
Operator on-call 24/7 for emergency responses. In addition, through November 15 - March
22, the Municipality utilizes 7 full time staff and 1 casual operator. The Public Works staff
monitors the roads 24/7 and operate out of the public works yard from 4am through 1130pm
Monday through Friday along with Saturday and Sunday patrols.
ATTACHMENTS
1. Municipality of Bayham Winter Operations Plan – Level of Service Policy
RECOMMENDATION
1. THAT Report PS-22/22 re Winter Operations Plan - Level of Service be received for
information;
2. AND THAT the Council of the Corporation of the Municipality of Bayham approve the
Municipality of Bayham Winter Operations Plan – Level of Service Policy attached
hereto as Appendix ‘A’.
Respectfully Submitted by: Reviewed by:
_________________________ __________________________
Steve Adams Thomas Thayer, CMO
Manager of Public Works CAO|Clerk
2022-2023 Municipality of Bayham Winter Operation Plan
DISCLAIMER
This document is based on normal winter weather conditions, reliability and availability of resources
both human and physical. The Municipality does not guarantee a level of service under abnormal or
significant weather events nor in the event of a work stoppage.
It is acknowledged that conditions may occur which temporarily prevent achieving levels assigned. In
such cases, efforts will be made to keep roads open, consistent with available resources.
This document is designed to utilize plain language to describe the Municipality of Bayham Winter
Operations Plan. If there is a conflict between a provision in this document and a provision of Ontario
Regulation 239/02, the provisions of Ontario Regulation 239/02 shall apply.
Section 1 – Purpose
The Municipality of Bayham Winter Operations Plan sets out a policy and procedural framework for
ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective
delivery of winter maintenance services and the management of road salt used in winter maintenance
operations, as outlined in Environment Canada's Code of Practice for the Environmental Management
of Road Salts and the County of Elgin Salt Management Plan.
The Municipality of Bayham Winter Operations Plan is meant to be dynamic, to allow the Municipality to
evaluate and phase-in any changes, new approaches and technologies in winter maintenance activities
in a fiscally sound manner. At the same time, any modifications to municipal winter maintenance
activities must ensure that roadway safety is not compromised.
As specified in the Code of Practice for the Environmental Management of Road Salts, the Winter
Operations Plan for the Corporation of the Municipality of Bayham was endorsed by Council on
November 18, 2021.
Section 2 - Definitions
2.1 Anti-icing means the application of liquid deicers directly to the road surface in advance of a
winter event.
2.2 Highway includes a common and public highway, street, avenue, parkway, driveway, square,
place, bridge, viaduct or trestle, any part of which is intended for or used by the general public
for the passage of vehicles and includes the area between the lateral property lines thereof.
2.3 Paved Road means a road with an asphalt surface, concrete surface, composite pavement, or
Portland cement surface.
2.4 Pre-treat means the application of liquids (calcium chloride, sodium chloride, etc.) to dry sand or
salt prior to being loaded for storage or applied to the road surface.
2.5 Pre-wetting means the application of liquids (calcium chloride, sodium chloride, etc.) at the
spinner of the truck just prior to application to the road surface.
2.6 Significant Weather Event means an approaching or occurring weather hazard with the potential
to pose a significant danger to users of the highways within the Municipality as per the
Significant Weather Event Policy attached hereto as Appendix ‘D’.
2.7 Surface Treated Road means a road with bituminous surface treatment comprised of one or two
applications of asphalt emulsion and stone chips over a gravel road.
2.8 Unpaved Road means a road with a gravel or sand surface.
2.9 Winter Event means a weather condition affecting roads such as snowfall, wind-blown snow,
freezing rain, frost, black ice, etc. to which a winter event response is required.
2.10 Winter Event Response means a series of winter control activities performed in response to a
winter event.
2.11 Continuous Winter Event Response means a response to a winter event with full deployment of
labour and equipment that plow/salt/sand the entire system.
2.12 Spot Winter Event Response means a response to a winter event with only a part deployment of
labour and equipment or with full deployment to only part of the system
2.13 Winter Event Response Hours means the total number of person-hours per year (plowing,
salting/sanding, winging back, etc.) to respond to winter events.
Section 3 - Objective
The Corporation of the Municipality of Bayham is committed to improving winter maintenance
operations while continuing to ensure public safety. The Corporation of the Municipality of Bayham will
optimize the use of winter maintenance materials containing chlorides on all municipal roads while
striving to minimize negative impacts to the environment. The Corporation of the Municipality of
Bayham Staff will strive, insofar as reasonably practicable, to provide safe winter road conditions for
vehicular and pedestrian traffic as set out in the level of service policies and within the resources
established by the Council of the Corporation of the Municipality of Bayham.
Section 4 - Policy Statement
The Corporation of the Municipality of Bayham will provide efficient and cost effective winter
maintenance to ensure, insofar as reasonably practicable, the safety of users of the municipal road
network in keeping with applicable provincial legislation and accepted standards while striving to
minimize adverse impacts to the environment. These commitments will be met by:
i. adhering to the procedures contained within the Municipality of Bayham Winter Operations Plan;
ii. reviewing and upgrading the Municipality of Bayham Winter Operations Plan on an annual basis
to incorporate new technologies and new developments;
iii. committing to ongoing winter maintenance staff training and education; and
iv. monitoring on an annual basis, the present conditions of the winter maintenance program, as
well as the effectiveness of the Municipality of Bayham Winter Operations Plan.
Section 5 – Winter Maintenance Program
The major activities related to winter maintenance are:
snow plowing
salt/sand application
salt/sand storage
snow removal
sidewalk plowing
anti-icing
The Corporation of the Municipality of Bayham is responsible for winter maintenance on:
Table 1
Road Type Distance
Paved Roads 266 Lane KM
Surface Treated Roads 257 Lane KM
Unpaved Roads 50 Lane KM
Sidewalks 18 KM
For the purposes of this winter operations plan, the highways under the jurisdiction of the Corporation
of the Municipality of Bayham have been classified (Class 1, 2, 3, 4, 5) as per the following Table 2
which is based on the Classification of Highways table included in Ontario Regulation 239/02.
Table 2
Average Annual Daily Traffic
(number of motor vehicles)
Posted or Statutory Speed Limit
(kilometres per hour)
91-100 81-90 71-80 61-70 51-60 41-50 1-40
15,000 or more 1 1 1 2 2 2 2
12,000 - 14,999 1 1 1 2 2 3 3
10,000 - 11,999 1 1 2 2 3 3 3
8,000 - 9,999 1 1 2 3 3 3 3
6,000 - 7,999 1 2 2 3 3 3 3
5,000 - 5,999 1 2 2 3 3 3 3
4,000 - 4,999 1 2 3 3 3 3 4
3,000 - 3,999 1 2 3 3 3 4 4
2,000 - 2,999 1 2 3 3 4 4 4
1,000 - 1,999 1 3 3 3 4 4 5
500 - 999 1 3 4 4 5 5 5
200 - 499 1 3 4 5 5 5 5
50 - 199 1 3 4 5 5 5 5
0 - 49 1 3 6 6 6 6 6
For the purposes of Table 2, the average annual daily traffic on a highway or part of a highway under
the jurisdiction of the Corporation of the Municipality of Bayham shall be determined by:
i. counting and averaging the daily two-way traffic on the highway or part of the highway; or
ii. estimating the average daily two-way traffic on the highway or part of the highway.
Table 3 summarizes the road system in the Municipality of Bayham as follows:
Table 3
Paved Lane/KM Surface Treated/KM Unpaved Lane/KM
Rural Urban Rural Urban Rural Urban
Class 1 0 0 0 0 0 0
Class 2 0 0 0 0 0 0
Class 3 130 0 0 0 0 0
Class 4 66 0 0 0 0 0
Class 5 25 45 207 4 121 1
Class 6 0 0 0 0 0 0
Section 6 – Level of Service
6.1 Weather Monitoring
From October 1 to April 30, the minimum standard is to monitor the weather, both current and forecast
to occur in the next 24 hours, once every shift or three times per calendar day, whichever is more
frequent, at intervals determined by the Municipality.
From May 1 to September 30, the minimum standard is to monitor the weather, both current and
forecast to occur in the next 24 hours, once per calendar day.
In order to determine an effective winter event response and allocate the appropriate resources the
Corporation of the Municipality of Bayham supplements road patrol information with weather
information from various sources which includes:
i. observations from municipal staff;
ii. communication with staff of adjacent municipalities and MTO contractors;
iii. monitoring
iv. monitoring pavement temperatures by means of on-board infrared thermometers which are
mounted on the patrol and other trucks, and;
v. RWIS data and pavement temperature forecasts from municipally owned stations or via a data
sharing agreements with other municipalities and/or the Ministry of Transportation
6.2 Snow Accumulation
The minimum standard for addressing snow accumulation is, after becoming aware of the fact that the
snow accumulation on a roadway is greater than the depth set out in the Table 4, to deploy resources
as soon as practicable to address the snow accumulation, to provide a minimum lane width of the
lesser of three metres for each lane or the actual lane width, or on a Class 4 or Class 5 Highway with
two lanes, to provide a total width of at least five metres.
If the depth of snow accumulation on a roadway is less than or equal to the depth set out in the Table 4,
the roadway is deemed to be in a state of repair with respect to snow accumulation.
For the purposes of this section, the depth of snow accumulation on a roadway may be determined by
a municipal employee, agent or contractor, whose duties or responsibilities include one or more of the
following:
i. Patrolling highways;
ii. Performing highway maintenance activities.
The depth of snow accumulation on a roadway may be determined by:
i. performing an actual measurement;
ii. monitoring the weather; or
iii. performing a visual estimate.
SNOW ACCUMULATION
Table 4
Class of Highway Depth Time
1 2.5 CM 4 HRS
2 5 CM 6 HRS
3 8 CM 12 HRS
4 8 CM 16 HRS
5 10 CM 24 HRS
6.3 Ice Formation
The minimum standard for the prevention of ice formation on roadways is doing the following in the 24-
hour period preceding an alleged formation of ice on a roadway:
i. Monitor the weather in accordance with Section 6.1;
ii. Patrol in accordance with Ontario Regulation 239/02.
If the Municipality determines, as a result of its activities that there is a substantial probability of ice
forming on a roadway, the Municipality may treat the roadway to prevent ice formation within the time
set out in the Table 5, starting from the time that the municipality determines is the appropriate time to
deploy resources for that purpose.
If the Municipality meets the minimum standard set out Section 6.3 and, despite such compliance, ice
forms on a roadway, the roadway is deemed to be in a state of repair until the earlier of, the time that
the municipality becomes aware of the fact that the roadway is icy; or the applicable time set out in the
Table 5 for treating the roadway to prevent ice formation expires.
The minimum standard for treating icy roadways after the municipality becomes aware of the fact that a
roadway is icy is to treat the icy roadway within the time set out in the Table 5, and an icy roadway is
deemed to be in a state of repair until the applicable time set out in the Table 5 for treating the icy
roadway expires.
For the purposes of this section, treating a roadway means applying material to the roadway, including
but not limited to, salt, sand or any combination of salt and sand.
ICY ROADWAYS
Table 5
Class of Highway Time
1 3 HRS
2 4 HRS
3 8 HRS
4 12 HRS
5 16 HRS
6.4 Public Information
Levels of Service
The Municipality of Bayham has developed carefully planned levels of winter road service to combat
the diverse winter weather conditions. A combination of municipally owned vehicles and contracted
units provide effective snow plowing services to Elgin County and Municipality of Bayham roads
through the highway priority route system.
This system assigns priority to all County Roads with the highest traffic in the Municipality. To ensure
the safety of drivers and pedestrians, these County Roads routes are serviced on a priority basis.
Bayham Roads are attended to regularly, but less often than Elgin County Roads. Local Hamlet Roads
and select sidewalks are maintained by Contractors under Agreements with the Municipality of
Bayham.
Winter Operations Priority Index
1) Elgin County Roads
a. See Appendix ‘A’
b. By-law No. 2018-008
2) Municipality of Bayham Rural Roads
a. See Appendix ‘B’
3) Municipality of Bayham Local Hamlet Roads & Select Sidewalks
a. See Appendix ‘C’
b. Completed by Contractor under Agreement with the Municipality
i. By-law No. 2020-069
c. Please note, only select sidewalks are maintained for winter operations. The
Municipality does not perform snow removal operations around community mailboxes;
please contact Canada Post for snow removal in this area.
6.5 Residents Information
Winter Parking Restrictions
As per the Municipality of Bayham Traffic By-law, parking is not permitted on any Municipal streets from
3:00 a.m. – 5:00 a.m. This ensures the Municipality can completely clear streets of snow and that
emergency vehicles can get down the street.
Children’s Safety
Please ensure that children do not play where snow is piled at the side of the road or in the middle of
courts where municipal equipment operators may not see them.
Driveways
Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the
driveway. Standing in the driveway and looking at the street determines the right side.
Clearing Snow on Private Property
The Municipality devotes a great deal of resources to keep the streets and select sidewalks clear of
snow and ice. Residents often deposit snow and ice from their property onto the street or sidewalk not
realizing that this contravenes municipal regulations, contributes to unsafe driving and walking
conditions and increases the cost of providing winter road maintenance.
When property owners are clearing snow from private driveways, please keep this snow on your
property. Your efforts in helping the Municipality make winter driving and walking safe for everyone is
appreciated.
Fire Hydrants
The Municipality of Bayham has approximately 118 fire hydrants that need to be cleared of snowfall.
The Municipality works hard to keep hydrants clear and available for emergencies, however with heavy
snowfalls, this can be challenging. Residents are asked to assist by keeping fire hydrants on their
properties clear of snow. Hydrants should have a clearing of one metre (3 ft.) all around and there
should be a clear path to the street to ensure firefighters can readily access them. A hydrant can help
save lives and property in your community, if you see a hydrant that is buried this winter, please do the
neighbourly thing and dig it out.
Damage to Sod
Sidewalk plowing presents many challenges. It is difficult to tell exactly where the edge of the sidewalk
is and when the ground is not frozen some sod damage may occur. Damage to Municipal sod,
pavement and municipally owned trees may be repaired in the spring, subject to the discretion of the
Roads Operation Supervisor or designate.
Contact the Municipal Office when you notice damage and your address will be added to a list for
repair, for consideration, when materials are available.
To facilitate the removal of snow from sidewalks and to prevent damage to private property, residents
are required not to place cars, fences, posts, hedges, shrubs, driveway curbs or other obstructions on
the road allowance. The Municipality will not be responsible for damage to items placed on Municipal
property by property owners.
Mailbox Replacement
The Municipality will re-install mailboxes damaged as a result of maintenance activities of an
appropriate standard in an appropriate location.
Installation Standards
i. The post shall be a 4”x4” wooden post.
ii. Posts will be installed at the rounding of the shoulder, in order that the opening of the mailbox is
at the edge of the shoulder with the bottom of the box being (3.5') above the edge of the edge of
the shoulder.
iii. Mailboxes on a cantilever arm must meet the same height and setback requirements.
iv. Mailboxes will be placed on the right hand side of road according to the courier’s line of travel in
a position where the courier can reach and service it from his vehicle without being an
impediment to pedestrian or vehicular traffic, where possible.
v. Replacement boxes shall be a standard size weather resistant steel rural type mailbox.
Limitations & Exclusions
i. The Municipality is responsible for the replacement and reinstallation of a mailbox that has been
removed or damaged by being physically hit by snow plowing equipment. At the sole, absolute
and unfettered discretion of the Road Operations Supervisor or designate, the Municipality will
repair when possible or replace a mailbox, if beyond repair, damaged by a snowplow that has
physically hit the box.
ii. Mailboxes hit by snow coming off the plow will not be replaced by the Municipality. The
responsibility for maintaining mailboxes lies with the owner of the box. Mailbox owners are
required to repair their own mailboxes that have been damaged by snow impact.
iii. Where any mailbox has been damaged by operations activities, it will be replaced with a
standard mailbox and post arrangement with a maximum value of $50.00.
Timing of Installation
i. The damaged mailbox will be replaced as soon as weather and labour permit, at the sole,
absolute and unfettered discretion of the Road Operations Supervisor or designate. Completion
of Winter Control Services on the roadway is a priority.
Roadside Snow Removal
Roadside snow removal operations are only completed within the defined urban communities in the
downtown cores of Straffordville, Vienna, and Port Burwell. Roadside snow removal operations are
undertaken when the available snow storage capacity on street will no longer accommodate further
snow accumulations. The purpose of snow removal operations is not necessarily for pedestrian
convenience but for road safety.
If sufficient storage is lacking along roadway corridors and sight lines are impeded, snow removal may
be scheduled at the earliest opportunity as per the following standards.
i. Roadside snow removal operations may be scheduled and undertaken when the snow banks
combined average height and width exceeds a value greater than 1.8 m (6’).
ii. Whenever sightline and safety are compromised as determined by the Road Operations
Supervisor or designate.
iii. Measurements shall not be made until 72 hours following the cessation of a storm event
iv. Snow removal shall only commence when reasonably feasible within the confines of the
Municipal equipment and staff inventory.
Assistance to Private Property Owners
Under no circumstances will a municipal employee be permitted to use municipal equipment to push,
pull or tow a stranded private vehicle from a roadway or parking lot. The employee, if a hazard exists,
shall use the two-way radio to notify dispatch of the impending danger.
Winter Operations - Frequently Asked Questions
1. What happens when it starts to snow?
The Municipality of Bayham subscribes to an advanced weather forecasting service. Depending upon
the timing and nature of the pending storm, staff are brought in to commence winter maintenance
activities. Once the storm starts, or is completed, municipal equipment is sent out on designated routes
to apply materials as necessary.
2. Why do I never see a municipal equipment when it snows?
It all depends upon where you live. The Municipality's main routes are Elgin County Roads. Depending
upon the time of day, traffic volumes and snowfall amounts, the average routes can take varying hours
to complete one pass. The municipal equipment will continue back over these routes until the storm has
stopped and these roads are clear of snow and ice.
3. Why does the plow not remove all of the snow from my road?
The plows are designed to ride on "guides" (shoes) that raise the blade approximately 13 millimetres
(0.5 inches) from the surface of the roadway. This is done to prevent damage to both the vehicle and
infrastructure from raised manholes, catch basins or water valves. Once the street has been plowed
and sanded, the interaction of the material and vehicular traffic is required to melt the remaining snow
cover. Streets with low traffic volumes will therefore remain snow covered longer.
4. Why do the plows always push snow into my driveway?
For a resident this can be quite annoying, but unfortunately, it cannot be helped. The snow must be
removed from the travelled portion of the road. When the Municipality receives a heavy snowfall, if
possible, do not shovel your driveway until after the plow has gone by. If you must shovel, do not throw
the snow out onto the roadway as you may create a hazard for another vehicle, and if an accident were
to occur, you might be held liable.
Section 7 - Winter Maintenance Season
The winter maintenance season within which the Corporation of the Municipality of Bayham will perform
winter highway maintenance commences on November 15th, 2022 and is completed March 25th, 2023
Section 8 - Winter Preparations
In the months prior to the start of the winter maintenance season, as identified in Section 7, the
Corporation of the Municipality of Bayham undertakes the following tasks to prepare for the upcoming
winter season.
8.1 Prior to the Winter Season
Prior to the Winter Season the Municipality will:
i. If required, prepare and call tenders for the supply of materials (salt, sand, liquid), replacement
parts (for plows, solid and liquid application equipment), value added meteorological services
(VAMS) and contract equipment (plow trucks, spreader trucks, combination units).
ii. Conduct a mandatory training session for staff and contract operators where all policies,
procedures, schedules, reporting procedures for callout, route maps, equipment training and
safety precautions will be discussed. Any issues resulting from the meeting with regard to the
policies, procedures, schedules, reporting procedures for callout, route maps, equipment
training and safety precautions shall be resolved either at the meeting or prior to the winter
season.
iii. Train winter patrollers (or staff whose duties also include patrolling) on the route of
representative roads to be patrolled between winter events, their duties during a winter event,
recording keeping requirements and callout procedures and the anti-icing chemicals to be
applied for the forecast weather conditions.
iv. Inspect equipment to ensure proper working order. Schedule and complete any and all
equipment repairs.
8.2 One Month Prior to the Winter Season
One month prior to the winter season the Corporation of the Municipality of Bayham will:
i. Post the winter shift schedule in accordance with the municipality's collective agreement, if any.
ii. Calibrate material application equipment.
iii. Allow operators (staff and contract) time to familiarize themselves with any new equipment,
material application rates, material application equipment and their route (driving the route and
noting obstacles along the route).
iv. Have a 50 % of the fleet ready to respond to a winter event.
v. Have sufficient staff available to operate the fleet if conditions warrant a winter event response.
8.3 At the Start of the Winter Season
At the start of the winter season the Municipality of Bayham will:
i. Implement the winter shift schedule.
ii. Begin patrolling representative roads in all maintenance classes.
iii. Respond to winter events as per the winter operations plan.
Section 9 - Winter Patrol
During the winter maintenance season, the Corporation of the Municipality of Bayham carries out a
winter patrol on a route of representative roads, as per Appendix ‘D’ twice daily, seven days a week.
Between winter events a patrol of representative roads will occur during daylight hours and a second
night patrol will be also be scheduled. The purpose of the patrol is to monitor and record weather and
road conditions and mobilize winter maintenance operators and equipment should a winter event be
observed and a winter event response is required. On the approach of a winter event or during a winter
event the route of representative roads may be modified, insofar as reasonably practicable, depending
on the type and severity of winter event or the direction from which the storm approaches.
Section 10 – Operations
The Corporation of the Municipality of Bayham adheres to the hours of service as set out in the
Highway Traffic Act, Ontario Regulation 555/06.
10.1 Winter Materials Used Annually
Table 6
Material 5 Year Average
Rock salt (NaCl) 1200 tonnes
Sand 1500 tonnes
Sand and salt mix* 3000 tonnes
Salt brine (NaCl) 60000 Liters
* Percentage of salt in sand/salt mix by weight 10%
10.2 Facilities
The Municipality provides winter maintenance services from the patrol yard listed below. The patrol
yard has a front-end loader capable of loading the winter maintenance fleet with sand or salt.
Municipality of Bayham Public Works Yard
8354 Plank Rd
Bayham, ON
Equipment Storage Details: Nine bay pre-engineered steel building with a partially paved lot
There is enough room in the bays to store 4 tandems, a loader, a grader, and the vac trailer. During
winter months most of the equipment is stored indoors and seasonal equipment such as roadside grass
cutters are stored at a different facility.
Material Storage Details: All granular road construction material is stored outside. Salt and sand is
stored within the storage dome as outlined with the County of Elgin Salt Management Plan.
10.3 Communications
All winter maintenance vehicles are equipped with two-way communications (radios, cell phone, etc.).
Municipal staff is responsible for reporting changing winter weather and/or road conditions as the
changes are observed.
Spectrum Communications provides a call centre which serves as the main hub for in/outgoing calls
from staff, emergency services and the general public.
The Call Center: Can be reached by calling 519-866-5521and is manned by Spectrum Communications
outside normal business hours.
The Municipality of Bayham communicates important information to the public via the municipal website
www.bayham.on.ca
10.4 Authority
Operational decisions will be made by the Manager of Public Works or designate with the aid of
available forecasting, level of service policy, patrolling etc. However, it should be emphasized that
decisions will be subjective and external input, whether in this plan or elsewhere, merely acts as an aid
in determining if a call out of staff and equipment by the Manager of Public Works or designate.
Section 11 - Decommissioning Winter Operations
After the winter season expires, the Corporation of the Municipality of Bayham ceases all winter
highway maintenance operations and decommissions the remainder of the equipment providing
weather forecasts warrant the decommissioning.
Section 12 - Training
The Corporation of the Municipality of Bayham provides winter operations training for all staff involved
in the delivery of winter services. It is compulsory for the municipal staff to attend the training sessions.
Current Winter Operations Trainings:
i. Equipment Circle Check
ii. Equipment Calibration Record Keeping
iii. Health & Safety
iv. Winter Operations
Section 13 - Record Keeping
Full and accurate completion of documentation, according to the applicable procedures, ensures that
the Municipality is protected from liability by providing solid due diligence that procedures have been
followed.
Staff, or the on-board data collection system, is responsible for keeping the following records:
i. CVOR Time Card
ii. Materials Used
iii. Route Plowed
iv. Winter Patrol Diary
v. Weather/RWIS Information
vi. Equipment Calibration Records
Section 14 - Monitoring and Updating
The purpose of monitoring and updating is to provide a basis for continuous improvement of the
Municipality of Bayham Winter Operations Plan and the winter maintenance policies, practices and
procedures of the Corporation of the Municipality of Bayham.
The current winter maintenance policies, practices and procedures form the baseline or benchmark
upon which improvements can be made to improve winter operations and/or the use and management
of road salt in the future.
The Corporation of the Municipality of Bayham plans to undertake continual improvements to ensure
the most efficient and effective winter operations.
At the end of the winter season, a meeting to review winter operations will be held with all winter
operations staff to itemize all issues that arose during the winter season and discuss how these issues
may be resolved.
Prior to the start of the next winter season and with sufficient lead time to implement any changes, the
Corporation of the Municipality of Bayham will train staff on the changes to equipment and/or winter
maintenance policies, practices, and
procedures.
Year over year performance measures will be
used to determine whether the objectives of
the Municipality of Bayham Winter Operations
Plan and/or winter maintenance policies,
practices, and procedures have been met and
to identify areas for improvement.
i. Monitoring the salt used:
Percentage change (+/-) in the total
tonnes of salt purchased annually from
the benchmark year
Percentage of applications where
discharge rates exceeded
Percentage change (+/-) in the total
tonnes of salt applied annually per
system km per winter event
Calton
Vienna
Port Burwell
CALTON L
I
N
EPLANK RDLIGHT LI
N
ERICHMOND RDJACKSON
L
I
N
E
ELGIN COUNTY ROAD 55VIENNA LI
N
E
TUNNEL
L
I
N
E
GLEN ERI
E
L
I
N
E TOLL GATE RDLK SHOR
E
L
I
N
E GODBY RDCLARKE RDNOVA SC
O
T
I
A
L
I
N
E
LAMERS LINE
COYLE RDBROWN RDCHUTE LINEBOGUS RDWOODWORTH RDMITCHELL RDEDISON D
R
CHATHAM STCTR STDENNIS RDTEALL NEVILL RDJAMES LI
N
E
ROBINSON STCK RDMCQUIG
G
A
N
L
I
N
E
CSINOS RDNORTH STLAKES
H
O
R
E
L
I
N
ESOPER RDORCH LIN
E OWL CAGE RDTOLL GATE RDKey Map
µ
0 2 41
Kilometers
Plow Route 1 - 2022
Total Lane 106.2km BayhamMalahide Norfolk0 0.5 10.25
Kilometers
Port Burwell
Eden
Calton
Corinth
Richmond
Straffordville PLANK RDEDEN LINETALBOT LINECALTON L
I
N
E
HERITAGE LINE
PRESSEY RD
COYLE RDJACKSON
L
I
N
ECULLODEN RDCARTER RDHAWKINS RD
RICHMOND RDBEST LINE HWY 19BROWNSVILLE RD
GREEN LINE
HWY 3
SPRINGER HILL RDSANDYTOWN RDCARSON LINECULLODEN L
INE
KESWICK RD
PIGRAM
L
INE
MAPLE GROVE LINE
ELGIN COUNTY ROAD 55DEREHAM L
INE
LAMERS LINE
B
R
O
A
D
W
A
Y
GOSHEN RDST
E
W
A
R
T
R
D TLINE
QUARTERBAYHAM NORFOLK BOUNDARY RDSOMERS RDELLIOTT RDHOWEY LINE
TOLL GATE RDBURWELL RDMITCHELL RDOTTERGATE LINE RIDGE LINE VIENNA RDMURRAY RDCONC E ST
BALDWIN STCOLLEGE LINE
B
A
Y
H
A
M
D
R
GLENCOLIN LINE
JOHN WISE LINE
BOGUS RDLOWRIE
L
INE
GREGSON RDSI
D
E
R
D
C
A
R
S
O
N
SCHAFFER RDC
O
U
N
T
Y
R
D
3
0
N
O
R
F
O
L
K
GARNER RDCHALET LIN
E
BEATTIE RDTLINE RD
DENNIS RDJAMES LI
N
E
SIMCOE ST
BAL
L
L
I
N
E
OAK
B
A
Y
H
A
M
D
R
I
V
E
G
L
E
N
D
A
L
E
D
R
C
L
E
A
R
V
I
EW
D
R
BALDWIN LINE
PEARL ST
BEECH BLVDOWL CAGE RDBROWNSVILLE RD
SPRINGER HILL RDHAWKINS RD
SANDYTOWN RDBEST LINE
TOLL GATE RDSOMERS RDMITCHELL RDKey Map
µ0 2 41
Kilometers
Plow Route 2 - 2022
Total Lane 102km
BayhamMalahide Norfolk
Calton
Vienna
Richmond
Port Burwell
Straffordville
PLANK RDCALTON L
I
N
E
RICHMOND RDVIENNA LI
N
ETALBOT LINEHERITAGE LINE
EDEN LINE
CARTER RDNOVA SCOTIA LINE
JACKSON
L
I
N
E
LIGHT LIN
EWALKER RDTOLL GATE RDCULLODEN RDSANDYTOWN RDCLARKE RDJOHN WISE LINE
GLENCOLIN LINE
GLEN ERI
E
L
I
N
E
MAPLE GROVE LINE
TUNNEL
L
I
N
E
BROWN RDST
E
W
A
R
T
R
D
CHALET LINE
CHUTE LINEBOGUS RDMITCHELL RDWOODWORTH RDOTTERGATE LINESPRINGER HILL RDSAWMILL RDANGER RDLK SHORE L
I
N
EGREGSON RDSOMERS RDEDISON D
R GARNER RDCHATHAM STCTR STBEATTIE RDDENNIS RDTEALL NEVILL RDJAMES LI
N
E
BAL
L
L
I
N
E
OAK
ROBINSON STCK RDMCQUIG
G
A
N
L
I
N
E
BALDWIN LINE
NORTH STSOPER RDORCH LIN
EWALKER RDCHALET LI
N
E
TOLL GATE RDSAWMILL RDCARTER RDCARTER RDMITCHELL RDCARTER RDCARTER RDSPRINGER HILL RDSAWMILL RDKey Map
µ
0 3 61.5
Kilometers
Plow Route 3 - 2022
Total Lane 116.2km
Bayham
MalahideNorfolkCTR STEDISON
DR
FULTON ST ELM ST
ANN ST
PLANK RDUNION STCHAPEL STOAK ST
PEARL ST
CHESTNUT ST
PINE
ST
QUEEN ST
OTTER
S
TOAK ST
0 200 400100
Meters
Vienna
Vienna
Port Burwell
Straffordville
N RDPLANK RDLIGHT LIN
E
CALTON
L
I
N
E
JACKSON
L
I
N
E
ELGIN COUNTY ROAD 55HERITAGE LINE
COYLE RDTUNNEL
L
I
N
E
GLEN ERI
E
L
I
N
E TOLL GATE RDLK SHOR
E
L
I
N
E GODBY RDCLARKE RDLAMERS LINE OLD N RDVIENNA LI
N
E
BROWN RDCHUTE LINEBOGUS RDMITCHELL RDBEACH
L
A
N
E
SIDER
D
L
O
W
E
R
BASELINE RD
GREGSON RDNOVA SC
O
T
I
A
L
I
N
E EDISON DRGARNER RDCHATHAM STCTR STDONOV
A
N
R
D
TEALL NEVILL RDSTAFFORD RDOLD DUMP RD
ROBINSON STCK RDSANDYTOWN RDMAIN ST
ASHLEY AVE
CSINOS RDNORTH STUNION STSOPER RDORCH LIN
E
4TH ST
OWL CAGE RDBROCK ST TOLL GATE RDMITCHELL RDKey Map
µ0 1,700 3,400 5,100850
Meters
Plow Route 4 - 2022
Total Lane 108.8km Bayham
MalahideNorfolk
Eden
Straffordville PLANK RDEDEN LINE
COYLE RDHERITAGE LINESANDYTOWN RDHWY 19CARSON LINETALBOT LINEGOSHEN RDTOLL GATE RDBAYHAM NORFOLK BOUNDARY RDHOWEY LINE BURWELL RDRIDGE LINEMURRAY RDMAPLE GROVE LINE
B
A
Y
H
A
M
D
R
STEWART RDSI
D
E
R
D
C
A
R
S
O
N
SCHAFFER RDC
O
U
N
T
Y
R
D
3
0
N
O
R
F
O
L
KELLIOTT RDVINCENT LINE
BAL
L
L
I
N
E
O
R
A
N
G
E
H
A
L
L
R
D
MAIN ST
SIDERD GO
R
E
ELGIN COUNTY ROAD 55BALDWIN LINE
3RD ST
BEST LINE
GRAY ST
BLACK
B
R
I
D
G
E
L
I
N
E BAYHAM DRSANDYTOWN RDKey Map
µ0 1.5 30.75
Kilometers
Plow Route 5 - 2022
Total Lane 102.2km
Bayham
MalahideNorfolk
Corinth
Richmond
StraffordvilleTALBOT LINEEDEN LINE
PRESSEY ROAD
HERITAG
E
L
I
N
E
PLANK ROADBEST LINE
CULLODEN ROADHAWKINS ROAD
GREEN LINE
SPRINGER HILL ROADJACKSON
L
I
N
E SANDYTOWN ROADTOLL GATE ROADMAPLE GROVE LINE
RICHMOND ROADBROWNSVILLE ROA
D
CARSON LINEPIGRAM
L
INE CULLODEN L
INE
OTTERGATE LINE DEREHAM L
INE
STEWART ROADSOMERS ROADELLIOTT ROADCOLLEGE LINE
MITCHELL ROADMURRAY ROADGLENCOLIN LINE LOWRIE
L
INE
JOHN WISE LINE BAYHAM DRIVECHALET LI
N
E
GARNER ROADHOWEY LINEBAL
L
L
I
N
E
BEATTIE ROADOAK
GREGSON ROADHIGHWAY 3LAMERS LINERIDGE LINEBALDWIN LINE
CLEARVIE
W
DRIVE
MAIN STREET
HARMONY ACRES LINE
BLACK
B
R
I
D
G
E
L
I
N
E
4TH STREETPETERS COURTJOH
N
S
T
R
E
E
T SOMERS ROADBEST LINE
SOMERS ROADMITCHELL ROADSOMERS ROADHAWKINS ROAD
SANDYTOWN ROADKey Map
µ0 2 41
Kilometers
Plow Route 6 - 2022
Total Lane 97.8km
BayhamMalahide Norfolk
CHATHAM STROBINSON STPITT S
T VICTORIA STPLANK RDBR
IDGE
S
T
ERIEUS STADDISON STSTRACHAN STWELLINGTON ST ELIZABETH STLIBBYE AVE
WATERLOO ST MILTON STNOVA SCOTIA LINEBA
R
B
A
R
A
A
V
E
ASHL
E
Y
A
V
E SHAKESPEARE STBROCK STHURLEY STHOMER ST
WILLIAM ST
COWPER ST
SOUTHEY ST
BURWELL ST
FAYE STTENNYSON ST
Submariners WayGRACE CRT
Key Map
µ0 200 400100
Meters
Po rt Burwell W inter Maintenance 2022
Streets To tal Lane 14.5km
AREA 1 PORT BURW ELL STREETS • Addiso n Street (No va Sco tia – Libbye) • Bo dswo rth Lane • Bro ck Street • Burwell Street • Co wper Street • Elizabeth Street • Erieus Street • Fay Street • Hannah Street • Ho mer Street • Ho ward Street (to Submariners W ay) • Hurley Street • Libbye Avenue • Libbye Street • McNeil Co urt• Milto n Street • Newto n Street • Pitt Street • Sh akespeare Street • So uth ey Street • Strach an Street • Tennyso n Street • Victo ria Street (Pitt to W ellingto n) • W aterlo o Street • W illiam Street • W ilso n Lane
PORT BURW ELL PARKING LOTS • Fire Hall – No va Sco tia Line • Library Parking – 21 Pitt Street • Marine Museum Parking Lo t • Pump Statio ns (Bro ck and Unio n) • Sewage Treatment Plant – 1 Ch ath am Street • Ro binso n St Parking Lo ts• W astewater Treatment Plant• Base o f Pitt St • Ch ath am St. Lo t• No va Sco tia Line Park
Bayh amSidewalks 6531m
Malah ideNo rfo lk
Parking Lo t
EDISON
DR
IVE
PLANK ROADCENTRE STREETVIENNA LI
N
E
FULTON STREET
CHAPEL STR
E
E
TELM STREETANN STREET
NORTH STREETUNION STREETWATER
S
T
R
E
E
T
CHESTNUT STREET
OAK STREET
PEARL ST
R
E
E
T
TUNNEL LINE
OLD MILL LI
N
E
PINE
STREET
WALNUT
S
T
R
E
E
T
KING ST
R
E
E
T
E
A
S
T
QUEEN STREET
SNOW STREETFRONT STREETOTTE
R
S
T
R
E
E
T OAK STREETEDISON DR
CTR STPLANK RD
FULTON ST ELM ST
ANN ST
CHAPEL ST
VIENNA LI
N
E
NORTH STUNION STWATER STOAK ST
KING ST E OAK ST
Ke y Map
µ0 200 400100
Me te rs
Winte r Mainte nance 2022
S tre e ts 7km
AREA 2 VIENNA S TREETS • Ann S tre e t • Ce ntre S tre e t (North of Fulton Only) • Chape l S tre e t (to top of the hill) • Che stnut S tre e t • Edison S tre e t • Elm S tre e t • Front S tre e t • King S tre e t • North S tre e t • Oak S tre e t • Otte r S tre e t • Pe arl S tre e t • Pine S tre e t • Que e n S tre e t • S now S tre e t • Union S tre e t • Walnut S tre e t
VIENNA PARKING LOTS • Community Ce ntre • Pump S tation # 6, 54 Front S t.
BayhamS ide walks 2859m MalahideNorfolkParking Lot
PLANK RDHERITAGE LINE
MAIN ST
3RD ST
SANDYTOWN RDWEST ST4TH ST
STEWART
R
D
1ST ST
2ND ST
5TH ST
ART
H
U
R
S
T DUKE STALWARD STOLD CHAPEL STREETELGIN STEAST STREETGARNHAM STHESCH ST WEST STSANDYTOWN RD1ST ST
Key Map
µW inter Maintenance 2022Streets 3.8km
AREA 3 STRAFFO RDVILLE STREETS • Alward Street • Arth ur Street • CPR Laneway (to dead end) • Donnelly Street • Duke Street • East Street • Elgin Street • Fifth Street • First Street • Fourth Street • Garner Road (Heritage to W ardwalk) • Garnh am Street • Hesch Street • Main Street • O ld Ch apel Street • Second Street • Sh ort Street • Th ird Street • W ardwalk Line • W est Street
STAFFO RDVILLE PARKING LO TS • Fireh all • Lib rary/Pum p Station #2 • Pum ping Station (8971 Plank Road• SCC
9352 Garner Rd. and 56826 Heritage Line) • Straffordville Com m unity Centre All Entrances & Sidewalks
Bayh am
Sidewalks 5695m PLANK RDALWARDSTREETMalah ideNorfolk0 200 400100
Meters
Parking Lot
BEST LINE
CULLODEN ROADGEORGE STREETHENRY STREET Key Map
µWinter Maintenance 2022
CORINTH STREETS• George St.• Henry St.• Sh ady Lane
Bayh amSidewalks 778m
OAK TALBOT LINESHADY LANECULLODEN ROADMAPLE
Bayh amMalah ideNorfolk0 50 10025
Meters
0 100 20050
Meters
Streets 339.5m
Contractor
PLANK ROADEDEN LINE
GRAY STREET TRAVIS STREETKey Map
µ0 100 20050
Meters
Winter Maintenance 2022
Streets 423m
EDEN STREETS • Gray Street • Travis Street
EDEN PARKING LOTS • Pump Station #1 – 11403 Plank Road
Bayh amSidewalks 940m Malah ideNorfolk
HER
I
T
A
G
E
L
I
N
E
RICHMOND ROADHOOVER V
A
L
L
E
Y
R
O
A
D
JOH
N
S
T
R
E
E
T
CHU
R
C
H
S
T
R
E
E
TJAMES STREETRICHMOND ROAD
Key Ma p
µ0 100 20050
Meters
Winter Ma intena nce 2022
Streets 1.1km
RICHMOND STREETS • Church Street • Hoover Va lley Roa d • Ja mes Street • John Street • Richmond Roa d
RICHMOND PARKING LOT • Richmond Wa ter Trea tment Pla nt -9190 Richmond Rd.
Ba yha mSidewa lks 793m
HERITAGE LINE CULLODEN ROADBEATTIE ROADKey Map
µContractor County Maintenance 2022 Bayham
HE
R
I
T
A
G
E
L
I
N
E
MIT
C
H
E
L
L
R
O
A
D
0 50 10025
Meters
0 50 10025
Meters
EDEN LINE
PETERS COURTKey Map
µ0 50 10025
Meters
Winter Maintenance 2022
RICHMOND STREETS • Church Street • Hoover Valley Road • James Street • John Street • Richmond Road
RICHMOND PARKING LOT • Richmond Water Treatment Plant -9190 Richmond Rd .
Bay ham
Contractor
Eden
Calton
Vienna
Corinth
Richmond
Port Burwell
Straffordville
PLANK ROADCALTON L
I
N
ETALBOT LINENORTH ROADEDEN LINE
HERITAGE LINE
VIENNA LI
N
E
LIGHT LIN
ERICHMOND ROADJACKSON
L
I
N
E
PRESSEY ROAD
ELGIN COUNTY ROAD 55COYLE ROADBEST LINE
CULLODEN ROADNOVA SC
O
T
I
A
L
I
N
ECARTER ROADHAWKINS ROAD
TUNNEL
L
I
N
E
GLEN ERI
E
L
I
N
E GOSHEN ROADGREEN LINE
HIGHWAY 3
TOLL GATE ROADWALKER ROADLAKE SH
O
R
E
L
I
N
E PLOWMANS LINEHIGHWAY 19COLLEGE LINE
SPRINGER HILL ROADCARSON LINE
GODBY ROADSANDYTOWN ROADBEACH LANE
JOHN WISE LINE
SI
D
E
R
O
A
D
B
E
L
L
M
I
L
L
GLENCOLIN LINE
MAPLE GROVE LINEPIGRAM
L
INE
OLD NORTH ROADCLARKE ROAD1ST CONCESSION ROAD ENRSIDER
O
A
D
L
O
W
E
RCOLONEL TALBOT ROADPRESSEY LINE
HOWEY LINE
BASELINE RO
A
D
CENTURY LINE
O
R
A
N
G
E
H
A
L
L
R
O
A
D
RIDGE LINE
BROWN ROADRON MCNEIL LINE
SOMERS ROADBURWELL ROADMITCHELL ROADSIDER
O
A
D
B
A
R
T
H
BOGUS ROADSAWMILL ROADB
A
Y
H
A
M
D
R
I
V
E
GREGSON ROADMALL ROAD
GARNER ROADVINCENT LINE
BEATTIE ROADCHATHAM STREETDENNIS ROADCARTER ROADSAWMILL ROADCARTER ROADSOMERS ROADMITCHELL ROADCARTER ROADWALKER ROADSAWMILL ROADKey Map
µ0 2 41
Kilometers
Route of Representative Roads 2022
Total Lane 85.9km Bayham
A-10/22
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: ISAAK BERGEN
LOCATION: 53881 MAPLE GROVE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (A-10/22).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 3rd, 2022 at 6:45 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Minor Variance to the Municipality of Bayham Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT.
THE PURPOSE of this variance is to grant relief from Section 7.8 Minimum Front Yard Depth in the Rural Residential (RR) zone, to permit front yard depth of 13.3 m (43.6 ft) whereas 15.0 m (49.2 ft) is the permitted minimum. The lands are located at 53881 Maple Grove Line, east side of Maple Grove Line, north of Heritage Line.
THE EFFECT of this variance is to permit reduced front yard depth to accommodate an addition to the front of the existing residential dwelling.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the minor variance is granted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the decision 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 at the Municipal Office.
Dated at the Municipality of Bayham this 21st day of October 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
34T-BA2201
1
NOTICE OF AN APPLICATION
CONCERNING A PROPOSED DRAFT PLAN OF
SUBDIVISION APPLICATION (APPROVAL AUTHORITY
COUNTY OF ELGIN, FILE NUMBER 34T-BA2201) AND
ZONING BY-LAW AMENDMENT, IN THE MUNICIPALITY
OF BAYHAM
APPLICANT: WILLIAM, HANK, AND JAKE REDECOP, AND PETER WIEBE
LOCATED AT: LOT D NORTH OF KING STREET, EAST OF NORTH STREET, PART OF
LOT E, EAST OF NORTH STREET, PAR TOF LOT G SOUTH OF CHAPEL STREET,
REGISTERED PLAN NO. 54, VILLAGE OF VIENNA
TAKE NOTICE that the Municipality of Bayham has received a request from the County of Elgin (the approval authority for Plan of Subdivision approvals for the Municipality of Bayham) to provide Notice of an Application for Draft Plan of Subdivision Application (File No. 34T-BA2201) under Section 51 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, submitted by CJDL Engineering on behalf of the owners/applicants.
THE PURPOSE OF THIS NOTICE is to inform the public of the nature of the Draft Plan of Subdivision and Zoning By-law Amendment proposal. A public meeting to hear the planning merit of the application has not yet been scheduled – future notice will be provided.
THE PURPOSE AND EFFECT of this Draft Plan of Subdivision will be to divide the subject parcel of land into eight (8) single detached residential lots. The proposed lots will be accessed by North Street, an existing local road, south of Chapel Street. The residential lots will be serviced by municipal sanitary sewage disposal system, municipal water services and municipal stormwater services. The subject lands are designated ‘Residential’ in the Municipality of Bayham Official Plan and are zoned Holding Village Residential 1 (R1(h2)) in the Municipality of Bayham Zoning By-law No. Z456-2003.
The applicants will be required to apply for and obtain Zoning By-law Amendment approval to remove the Holding Provision (h2) subject to entering into a subdivision agreement between the applicant and the Municipality.
ANY PERSON may attend the (future) public meeting and/or make a written or verbal representation in support of or in opposition to the proposed Draft Plan of Subdivision.
IF A PERSON OR PUBLIC BODY does not make oral submissions at the public meeting or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body is not entitled to appeal the decision of Elgin County to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at the public meeting or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the decision to adopt the proposed draft plan of subdivision, you must make a written request to the County of Elgin, c/o Brian Lima, General Manager of Engineering, Planning and Enterprise/Deputy CAO, at 519-631-1460 or blima@elgin.ca or visit the County website at https://www.elgincounty.ca. The County Office is located at 450 Sunset Drive, St. Thomas, ON, N5R 5V1.
FOR ADDITIONAL INFORMATION about this matter, including information about preserving your appeal rights, contact the Municipal Office (contact information below) or Elgin County (contact information above). The following reports are available for inspection at the Municipal office from Monday to Friday, between 8:30 A.M. and 4:30 P.M.:
Planning Justification Report prepared by CJDL Consulting Engineers, dated September 9, 2022.
Archeological Assessment, Stage 1 & 2 and supporting documents prepared by Lincoln Environmental Consulting Corp., dated May 2022.
Functional Servicing prepared by CJDL Consulting Engineers, dated September 9, 2022.
Scoped Environmental Impact Study by Vroom and Leonard, dated September 2022.
Slope Stability Assessment by EXP., dated September 2022.
Dated at the Municipality of Bayham this 28th day of October 2022.
34T-BA2201
2
Proposed Draft Plan of Subdivision (copy; size reduced from original)
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
Council Receives Year-End
Update for Terrace Lodge
Redevelopment
Council Approves Amendment
No. 2 to the Township of
Southwold Official Plan
Council Receives Elgin Middlesex
Regional Fire School Update
Report
Council Approves Amendments
to Long-Term Care Homes’
COVID-19 Policies
October 11, 2022
Elgin County Council Highlights
October 11, 2022 www.elgincounty.ca
In this Issue
1
Council Receives Year-End
Update for Terrace Lodge
Redevelopment
Councillor Bob Purcell, Chair of the
Terrace Lodge Redevelopment
Committee, provided County Council
with a progress report on the
redevelopment of Terrace Lodge.
Despite setbacks including carpenters’
union strike action, painters and allied
trades strike action, and a COVID-19
outbreak in the Home, the Committee is
pleased to report that phase one of the
addition is anticipated to be completed
by the end of 2022. A detailed summary
of the construction progress achieved in
2022 can be found in the report
included in the October 11, 2022, Council
Agenda package.
October 11, 20222
Terrace Lodge Redevelopment Photos
New Addition - August 2022
New Resident Rooms - August 2022
October 11, 20223
Council Approves Amendment No. 2 to the
Township of Southwold Official Plan
Township of Southwold administration, on behalf of the owners of the subject lands,
initiated an amendment to the Township’s Official Plan (OP) to re-designate the subject
lands from Agricultural to Residential, and to concurrently bring the parcel into the
North 2 Port Stanley Settlement Area, described on Schedule 4D of the OP, to correct a
mapping error introduced upon adoption of the new Township OP.
In the former Township OP, the subject lands were located within the North Port Stanley
Settlement Area, designated Residential, and contained Woodlands and Hazard Lands
overlays. The new OP introduced an unintended error wherein the lands were removed
from the North Port Stanley Settlement Area and designated Agricultural Area on
Schedule ‘4’ Southwold Land Use. The subject lands are currently zoned Settlement
Reserve (SR) and are subject to the Natural Area and Adjacent Lands constraint and
Conservation Authority Development Regulations.
The lands currently contain an existing single-detached dwelling constructed in the last
two years, and the owners intended to further develop the lands for low-density
residential purposes in the future; however, the mapping error would restrict the owners’
ability to do so unless rectified. The Township of Southwold has therefore undertaken
the proposed amendment to revert the lands back to their original designations and
address the error.
County Council approved the amendment as it is consistent with the Provincial Policy
Statement 202 and conforms to the County of Elgin Official Plan.
October 11, 20224
Council Approves Amendments to Long-Term Care Homes’
COVID-19 Policies
Homes – Infection Control Policy 2.10 – Immunization – Staff COVID-19
Administration Policy 1.35 Visitors and Resident Absences During a Pandemic
Following an extensive review by County staff of pandemic trends, scientific/medical
evidence, updated Ministry and public health guidance, residence and family council
feedback, labour relations outcomes, and policy and procedure revisions and
recommendations, County Council approved the following amendments to the
following policies:
Council Receives Elgin Middlesex Regional Fire School Update Report
The Elgin Middlesex Regional Fire School (EMRFS) provides local firefighters with the
opportunity to receive National Fire Protection Association (NFPA) training. As of August
2022, the EMRFS has offered 21 NFPA – compliant courses and certification exams,
including a comprehensive 16-week blended recruit training program with 86 recruit
firefighters. The EMRFS operates on a cost recovery basis for Elgin County Local
Municipal Partners, with additional fees charged to participants outside of Elgin and
Middlesex Counties. The ability to offer this training in Elgin County reduces the burden
on local firefighters and supports a standardized level of training across departments.
More details about programming and course delivery can be found in the report
included in the October 11, 2022, County Council Agenda Package.
For the complete October 11, 2022, County Council Agenda Package
please visit the Elgin County website.
October 11, 20225
Administration Policy 1.35 Visitors and Resident Absences
During a Pandemic
In exceptional circumstances, where outdoor visits and/or outings are not
The risk assessment/condition checklist will incorporate resident and roommate
feasible (i.e. inclement weather), management of the Home will utilize a risk
assessment/condition checklist criterion to determine the ability to support
unvaccinated visitor visits within a designated area of the Home
(if applicable) considerations, additional IPAC measures to be taken by the visitor
and resident, ability to schedule visit appointments in designated locations, etc.
Copies of the policies can be found in the October 11, 2022, County Council Agenda
Package.
Homes – Infection Control Policy 2.10 – Immunization – Staff COVID-19
Two (2) dose COVID-19 vaccination requirement for all existing staff, students,
Strongly encouraging COVID-19 vaccination booster doses for all residents, staff,
No vaccination requirement for visitors for outdoor visits or absences from the
All new staff, support workers, and volunteers required to remain “up to date” with
Changes have been made to the consequences of non-compliance including that
support workers, volunteers, and visitors (essential caregivers and general
visitors) to enter the Home
students, support workers, volunteers, and visitors
Home
vaccination
employees may be subjected to discipline up to and including termination for
continued or repeated non-compliance, following the usual process of
progressive discipline
Ministry of
Municipal Affairs
and Housing
Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
Ministère des
Affaires municipales
et du Logement
Bureau du ministre 777, rue Bay, 17e étage Toronto ON M7A 2J3 Tél. : 416 585-7000
234-2022-4624
October 25, 2022
Good afternoon,
On October 25, 2022, our government released More Homes Built Faster: Ontario’s Housing Supply Action Plan 2022-2023 that proposes bold and transformative action to get 1.5 million homes built over the next 10 years.
Details about the range of measures in our plan can be found in the news release here.
The More Homes Built Faster Plan proposes policies and tools that reflect recommendations from the Housing Affordability Task Force Report and builds on More Homes, More Choice and the More Homes for Everyone Plan. Our plan also draws on many elements from AMO’s 2022 A Blueprint for Action: An Integrated Approach to Address the Ontario Housing Crisis and ROMA’s 2022 Task Force Report on Attainable Housing and Purpose-Built Rentals. These changes are providing a solid foundation to address Ontario’s housing supply crisis over the long term and will be supplemented by continued action in the future.
Our government has also introduced the More Homes Built Faster Act, 2022, and is seeking feedback on the changes proposed under the legislation and associated regulations. Additionally, various housing and land use policy reviews – including a housing-focused policy review of A Place to Grow and the Provincial Policy Statement, with a theme of supporting rural and northern housing – are being undertaken to identify and remove barriers to getting more homes built. These and other related consultations can be found through the Environmental Registry of Ontario and the Ontario Regulatory Registry.
We encourage you share this information with senior staff in the municipality and to inform the newly elected head of council and council members. Our government is building a strong foundation for action that will continue to ensure Ontario is a prosperous and growing province – and the best place in the world to call home. We look forward to continued collaboration with our municipal partners to get more homes built faster.
Sincerely,
Steve Clark Minister
c. The Honourable Michael Parsa, Associate Minister of Housing Kate Manson-Smith, Deputy Minister Ryan Amato, Chief of Staff, Minister’s Office Joshua Paul, Assistant Deputy Minister, Housing Division Municipal Chief Administrative Officers
Corporation of the Town of Mattawa
Telephone: (705) 744-5611 ~ Fax: (705) 744-0104
160 Water Street, P. O. Box 390
Mattawa, ON P0H 1V0
www.mattawa.ca
October 17, 2022
Premier of Ontario
Honourable Doug Ford Legislative Building Queen's Park Toronto ON M7A 1A1
Dear Honourable Ford: Council of the Town of Mattawa, at their regular meeting of October 11, 2022 approved Page No. 189 of Resolution Number 22-88, which stated:
“WHEREAS the Government of Ontario, through the Minister of Municipal Affairs and
Housing, has introduced Bill 3 which is described as “An Act to amend various statutes with respect to special powers and duties of heads of council”;
AND WHEREAS this Bill, if enacted, will initially apply to the City of Toronto and the City of Ottawa, but will later be expanded to include other municipalities according to a
statement made by the Premier at the 2022 AMO annual conference;
AND WHEREAS this Bill, if enacted, will give Mayors additional authority and powers,
and correspondingly take away authority and powers from Councils and professional staff,
and will include giving the Mayor the authority to propose and adopt the Municipal budget and to veto some decisions of Council;
AND WHEREAS this Bill, if enacted, will give authority over professional staff to the Mayor, including that of the Chief Administrative Officer;
AND WHEREAS these changes will result in a reduction of independence for professional
staff including the CAO, who currently provide objective information to the Council and
public and will now take direction from the Mayor alone when the Mayor so directs;
AND WHEREAS these surprising and unnecessary changes to the historical balance of
power between a Mayor and Council, and which historically gave the final say in all matters to the will of the majority of the elected Council.
THEREFORE BE IT RESOLVED THAT Council of the Corporation of the Town of
Mattawa passes this resolution to petition the Government of Ontario:
.../2
Page 2
1. THAT these changes to the Municipal Act, 2001, are unnecessary and will negatively
affect the Town of Mattawa;
2. THAT if the Ontario Government deems these changes necessary in large single-tier
municipalities such as Toronto and Ottawa, that such changes should not be implemented in smaller municipalities;
3. THAT the Ontario Government should enact legislation clarifying the role of Mayor, Council and Chief Administrative Officer, similar to those recommended by the
Ontario Municipal Administrator’s Association and those recommended by Justice
Marrocco in the Collingwood judicial inquiry of 2022; and
4. THAT if the stated goal of this legislation is to construct more housing in Ontario
that this can be accomplished through other means including amendment of the Planning Act and funding of more affordable housing.
AND BE IT FURTHER RESOLVED THAT a copy of this resolution be provided to the Premier of Ontario, the Minister of Municipal Affairs and Housing, the “Standing
Committee on Heritage, Infrastructure and Cultural Policy”, Nipissing MP, the Association
of Municipalities of Ontario and all municipalities in Ontario.” Trusting this is acceptable.
Sincerely,
Amy Leclerc
Clerk/Revenue Services Clerk
AL/bb c.c. Hon. Steve Clark, Minister of Municipal Affairs and Housing
Standing Committee on Canadian Heritage
Mr. Anthony Rota, MP of Nipissing Association of Municipalities of Ontario All Ontario Municipalities
MUNICIPALITY OF '`//
l 7q-
Corporation of the Municipality of Thames Centre
4305 Hamilton Road,Dorchester,Ontario NOL 1G3—Phone 519-268-7334—Fax 519-268-3928—www.thamescentre.on.ca—inquiries@thamescentre.on.ca
October 51", 2022
Township of Lucan Biddulph
270 Main Street
PO Box 190
Lucan, ON NOM 2J0
BY EMAIL
RE: STRONG MAYORS BUILDING HOMES ACT
Please be advised that at the Regular Council Meeting held on October 3rd, 2022, the
Council of the Municipality of Thames Centre passed the following motion, supporting the
resolutions from the Councils of the Township of Lucan Biddulph, Town of Kingsville and
Town of Wasaga Beach regarding the Strong Mayors, Building Homes Act:
Resolution: 253-2022
Moved by: K. Elliott
Seconded by: C. Patterson
THAT Council of the Municipality of Thames Centre support the following resolutions
regarding opposition to Bill 3, Strong Mayors, Building Homes Act, 2022:
Township of Lucan Biddulph, dated September 14, 2022
Town of Kingsville, dated September 1, 2022
Towns of Wasaga Beach, dated August 19, 2022
AND THAT a copy of this resolution be forwarded to Steve Clark, Minister of Municipal
Affairs and Housing of Ontario, Rob Flack, MPP for Elgin-Middlesex-London, the
Association of Municipalities of Ontario (AMO) and all Ontario municipalities.
Carried.
Municipality of Thames Centre
October 5, 2022
Page 2
Should you have any questions regarding the above, please advise.
Sincerely,
Sara Henshaw
Deputy Clerk
cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing
Rob Flack, MPP - Elgin—Middlesex—London
Association of Municipalities of Ontario (AMO)
All Ontario Municipalities
Township of Lucan Biddulph
270 Main Street
P.O Box 190, Lucan, Ontario NOM 2J0
Phone (519) 227-4491; Fax (519) 227-4998; E-mail (info@lucanbiddulph.on.ca)
September 14, 2022
Town of Wasaga Beach
30 Lewis Street
Wasaga Beach, ON
L9Z 1A1
eamc@wasagabeach.com
AND TO:
Town of Kingsville
2021 Division Road North
Kingsville, ON
N9Y 2Y9
j setterington@kingsville.ca
RE: STRONG MAYORS BUILDING HOMES ACT
Please be advised that at the Regular Council Meeting on September 6, 2022, the Township of
Lucan Biddulph Council passed the following motion, supporting the resolutions from the
Council of the Town of Wasaga Beach and Town ofKingsville regarding Strong Mayors,
Building Homes Act.
Resolution No. 2022 - 203
Moved by D. Regan
Seconded by D. Manders
That Council of the Township ofLucan Biddulph supports the following resolutions regarding
opposition to Bill 3, Strong Mayors, Building Homes Act, 2022:
Town ofKingsville dated September 1, 2022
Town of Wasaga Beach dated August 19, 2022
Should you have any questions regarding the above motion, please do not hesitate to contact our
office.
Sincerely,
Tina erne
Deputy Clerk
cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing (Steve.Clark@pc.ola.org)
Monte McNaughton, MPP — Lambton, Kent, Middlesex (Monte.McNaughtonco@pc.ola.org )
Association of Municipalities of Ontario (AMO) (amo@amo.on.ca)
All Ontario Municipalities
COPY VIA EMAIL (Premier@ontario.ca)
The Hon. Doug Ford, Premier of Ontario
Legislative Building
1 Queen's Park
Toronto, ON M7A 1A1
Dear Premier Ford:
2021 Division Road North
Kingsville, Ontario N9Y 2Y9
Phone: (519) 733-2305
www.kingsville.ca
kingsvilleworks@kingsville.ca
September 1, 2022
RE: Town of Kingsville Council Resolution #336-08292022 in opposition to
Bill 3, Strong Mayors, Building Homes Act, 2022
At its Special Meeting held August 29, 2022 Council of The Corporation of the Town of
Kingsville passed a Resolution against Bill 3 as follows:
Resolution #336-08292022
Moved by Councillor Kimberly DeYong
Seconded by Councillor Laura Lucier
WHEREAS the Government of Ontario, through the Minister of Municipal Affairs
and Housing, has introduced Bill 3 which is described as "An Act to amend
various statutes with respect to special powers and duties of heads of council";
AND WHEREAS this Bill, if enacted, will initially apply to the City of Toronto and
City of Ottawa, but will later be expanded to include other municipalities according
to a statement made by the Premier at the 2022 AMO annual conference;
AND WHEREAS this Bill, if enacted, will give Mayors additional authority and
powers, and correspondingly take away authority and powers from Councils and
professional staff, and will include giving the Mayor the authority to propose and
adopt the Municipal budget and to veto some decisions of Council;
AND WHEREAS this Bill, if enacted, will give authority over professional staff to
the Mayor, including that of the Chief Administrative Officer;
1 'Page
AND WHEREAS these changes will result in a reduction of independence for
professional staff including the CAO, who currently provide objective information
to the Council and public and will now take direction from the Mayor alone when
the Mayor so directs;
AND WHEREAS these are surprising and unnecessary changes to the historical
balance of power between a Mayor and Council, and which historically gave the
final say in all matters to the will of the majority of the elected Council.
THEREFORE, this Council of the Town of Kingsville, passes this resolution to
petition the Government of Ontario that:
1. These changes to the Municipal Act, 2001, are unnecessary and will
negatively affect the Town of Kingsville;
2. That if the Ontario Government deems these changes necessary in large
single -tier municipalities such as Toronto and Ottawa, that such changes
should not be implemented in smaller municipalities;
3. That the Ontario Government should enact legislation clarifying the role of
Mayor, Council and Chief Administrative Officer, similar to those
recommended by the Ontario Municipal Administrator's Association and
those recommended by Justice Marrocco in the Collingwood judicial inquiry
of 2020; and
4. That if the stated goal of this legislation is to construct more housing in
Ontario that this can be accomplished through other means including
amendment of the Planning Act and funding of more affordable housing.
Council further directs the Clerk to ensure that a copy of this resolution be
provided to the Premier of Ontario, the Minister of Municipal Affairs and Housing,
the "Standing Committee on Heritage, Infrastructure and Cultural Policy",
Kingsville's MPP, the Association of Municipalities of Ontario, and other
Municipalities in Ontario."
2IPage
RECORDED VOTE — Carried Unanimously
YEA NAY
Deputy Mayor Gord Queen X
Councillor Kimberly DeYong X
Councillor Tony Gaffan X
Councillor Laura Lucier X
Councillor Thomas Neufeld X
Councillor Larry Patterson X
Results 6 0
If you have any questions or comments please contact Paula Parker at pparker@kingsville.ca.
Yours very truly,
Paula Parker
Town Clerk, on behalf of Kingsville Council
cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing
Steve.Clark@pc.ola.org)
Standing Committee on Heritage, Infrastructure and Cultural Policy; Attn.: Committee Clerk
Isaiah Thorning (schicp(a ola.orq)
Anthony Leardi, MPP — Essex (Anthony.Leardi(c pc.ola.orq)
Association of Municipalities of Ontario (AMO) (amo@amo.on.ca)
All Ontario Municipalities
3IPage
30 LEWIS STREET
WASAGA BEACH, ONTARIO
CANADA L9Z 1A1
www.wasagabeach.com
August 19, 2022
The Honourable Steve Clark
Minister of Municipal Affairs and Housing
777 Bay Street
17th Floor
Toronto ON
M7A 2J3
Dear Minister Clark:
Re: Strong Mayors, Building Homes Act
Please be advised that the Council of the Town of Wasaga Beach, during their August 18, 2022
Council meeting adopted the following resolution:
That Council receive the letter dated August 10, 2022 from the Ministry of Municipal
Affairs and Housing pertaining to Strong Mayors, Building Homes Act, for information;
And further that a letter be sent to the Minister of Municipal Affairs and Housing
outlining these proposed powers are not appropriate and to outline other ways for the
province to institute housing and other matters, and that the motion be circulated to all
Ontario municipalities."
The Town of Wasaga Beach Council does not support the Strong Mayors, Building Housing Act
as the proposed changes will not demonstratively speed up the construction of housing and will
erode the democratic process at the local level where members of Council have to work
together to achieve priorities. What is needed to speed up construction of housing is greater
authority for local municipalities to approve development without final clearances from outside
agencies after they have been given reasonable time to provide such clearances.
Your favourable consideration of this matter is appreciated.
Should you have any questions, please contact me at mayorwasaqabeach.com or (705)
429-3844 Ext. 2222.
Yours sincerely,
Nina Bifolchi
Mayor
c. Members of Council
All Ontario Municipalities
Administration: (705) 429-3844 Building: 429-1120 Arena: 429-0412
Fax: 429-6732 By -Law: 429-2511 Public Works: 429-2540
Planning: 429-3847 Parks & Rec: 429-3321 Fire Department: 429-5281
Ministry of
Municipal Affairs
and Housing
Office of the Minister
777 Bay Street, 17"' Floor
Toronto ON M7A 2J3
Tel.: 416 585-7000
August 10, 2022
Dear Head of Council:
Ministere des
Affaires municipales
et du Logement
Bureau du ministre
777, rue Bay, 17" etage
Toronto ON M7A 2J3
Tel. : 416 585-7000
234-2022-3540
As Ontarians face the rising cost of living and a shortage of homes, our government
was re-elected with a strong mandate to help more Ontarians find a home that meets
their needs.
Our government also made an election promise to build 1.5 million new homes for the
people of Ontario over the next 10 years to address the housing supply crisis.
I am pleased to inform you that our government introduced the proposed Strong
Mayors, Building Homes Act on August 10, 2022, that, if passed, would make changes
to the Municipal Act, 2001, City of Toronto Act, 2006, and the Municipal Conflict of
Interest Act. These amendments would empower mayors in the City of Toronto and City
of Ottawa to deliver on shared provincial -municipal priorities and get more homes built
faster.
If passed, the proposed changes impacting the City of Toronto and City of Ottawa are
intended to take effect on November 15, 2022, which is the start of the new municipal
council term. Other growing municipalities could follow at a later date.
If you have any comments or feedback regarding these proposed changes, you may
submit them to the Ministry of Municipal Affairs and Housing at:
StrongMayors(a ontario.ca.
Sincerely,
Steve Clark
Minister
CORPORATION OF THE MUNICIPALITY OF SOUTH HURON 322 Main Street South P.O. Box 759 Exeter Ontario
N0M 156 Phone: 519-235-0310 Fax: 519-235-3304
Toll Free: 1-877-204-0747 www.southhuron.ca
October 24, 2022
Sent via email: Steve.Clark@pc.ola.org
Minister of Municipal Affairs and Housing
Attn: The Honourable Steve Clark
777 Bay Street 17th Floor
Toronto ON M?A 2J3
Re: Opposition to Strong Mayors Building Homes Act
At South Huron's October 3, 2022 Council Meeting the following resolution was passed:
Motion: 331-2022
Moved: T. Oke
Seconded: J. Dietrich
That South Huron Council support the Town of Wasaga Beach resolution regarding opposition to Bill 3, Strong Mayors, Building Homes Act, 2022;
and
Further that a letter be sent to the Minister of Municipal Affairs and Housing
and to all Ontario municipalities.
Please find attached the originating correspondence for your reference.
�
11LL,,�
/Sue Joh--;Un7
_,,
---v, '---Administrative Assistant Corporate Services/Clerk's Department
Municipality of South Huron
Encl.
cc: Ontario municipalities
7855 Sideroad 30
Alliston, ON L9R 1V1
P.: 705-434-5055
F.: 705-434-5051
www.adjtos.ca
September 23, 2022 Sent Via Email: minister.mah@ontario.ca The Honorable Steve Clark Minister of Municipal Affairs and Housing 777 Bay Street 17th Floor Toronto ON M7A 2J3 Dear Minister Clark: RE: Support Resolution re: Strong Mayors, Building Homes Act, Town of Wasaga Beach Council at is Regular Meeting held on September 14, 2022, passed the following resolution.
RES-403-2022
Resolved That Council support the Town of Wasaga Beach resolution regarding Strong
Mayors, Building Homes Act;
And further that a letter be sent to the Minister of Municipal Affairs and Housing outlining
these proposed powers are not appropriate and to outline other ways for the province to
institute housing and other matters, and that the motion be circulated to all Ontario
municipalities.
I trust you will find this satisfactory. Best Regards,
Fiona Smith Fiona Smith Deputy Clerk Enc. Cc: All Ontario Municipalities
From: Muireann Peters
Sent: October 25, 2022 10:58 AM
To: Ed Ketchabaw
Subject: 2022 Election
Dear sir,
In the all-candidates meeting, you stated that the residents who live in your community can
contact you via email. You have won another term as Mayor. I now ask you to note that there
are residents in your community that showed that they are not happy with your advocating for
them as taxpayers. I ask you, sir, during the next term that you see the benefit in growing as a
Mayor and learn from the community members that did not vote for you. I ask you to be more
transparent, to reach out to your community & to listen to those that have valid concerns.
What can be changed? Feedback can be valuable if you are open to listening to it. You have
residents in your community that have reasonable concerns that are open to respectful
dialogue.
The next few years will see Bayham grow and evolve inviting residents young and old that will
invest in Bayham. With taxes continuing to increase in a community of under 10,000.00
citizens you have a responsibility to communicate with everyone.
You have an opportunity to create an environment that is inclusive that does not discourage
/frustrate a valued number of community members. Please also note that there were
members of the community that did not vote due to feeling discouraged/disillusioned or felt
that their vote did not matter. I am deeply concerned that the turnout for voting was not
higher. How will you include and inform those that did not participate? They are valued
members of the community and taxpayers that need to be encouraged to feel that they
contribute to a community that is growing.
How can the council create inclusivity and adjust to the needs of the varied community? None
of you should wait every 4 years to knock on doors to meet residents & receive feedback from
those that do not attend council meetings. How can you as the representative of Bayham
create a platform that allows community members to give feedback & know that you are
listening?
Receiving feedback is not necessarily a criticism. My hope is that you will see this as an
opportunity to show that you are listening & not devalue some of the well-grounded concerns
An overall community update each quarter is no longer valuable. The website should evolve
to be more user-friendly. An opportunity to have a monthly newsletter from you or monthly
video updates for those who do not read? Start by letting everyone know what you want to
achieve in the next 4 years for Bayham. Break it down Monthly; Highlight what you on the
council are achieving. What community successes are out there highlighting business
owners/ farms/unique growers + individuals that are improving the value of Bayham + add
concerns addressing them head-on. This is your community.
I keep returning to transparency & hope that you will find a way to be empathetic to varied
opinions.
Sincerely,
Muireann Peters
From: Susie
Sent: Wednesday, October 12, 2022 6:02 PM
To: Susan Chilcott
Subject: Fwd: No Parking sign and No Trespassing at Richmond Water pump house
> Good Afternoon everyone,
>
> I would like to thank you for service to our township to begin this email. I don’t follow a lot to be honest
but I would like to thank you for coming out and letting people know who you are.
>
> Now for my issue. It is an urgent one and to me it is very simple. I would like a No Parking sign put on
the Richmond pump house and a No Trespassing sign as well. Also sings on the well fence across the
street. Maybe you would remember me when I almost took your picture when you were visiting there a
little while ago. I had another vehicle there yesterday and I proceeded to take a picture for future
reference. As I did this, the gentleman got out and proceeded to yell at me as he has been there before
years ago and it was not a pleasant encounter. He believes he can park there because it’s public
property and I have no say. My property ends very close to the pump house and we have never had any
concerns with that before. If we cannot get the signs put up very soon we will need to get you to have a
survey done and the property markers put down. We can put a fence up to detour this from happening
again. Please, your help in this urgent matter would be greatly appreciated.
>
>
> Respectfully,
> Susie Sawatzky
REPORT
TREASURY DEPARTMENT
TO: Mayor & Members of Council
FROM: Lorne James, Treasurer
DATE: November 3, 2022
REPORT: TR-17/22 SUBJECT: 2022 Q3 VARIANCE REPORT
BACKGROUND
The Q3 (third quarter) financial reports are provided for Council’s fiduciary review. This Report
provides a summary of current revenue and expenditure to September 30, 2022 and variances
to the Operating Budget and Capital Budget. The Operating Budget and Capital Budget is at
expected levels given the cyclical nature of operations.
DISCUSSION
Capital expenses have commenced in all departments. The early adoption of the budget
permitted department Managers to secure competitive pricings and availability of service
providers, with some projects already completed.
The Q3 Operating Revenue and Expense Variance Report and the Q3 Capital Expense
Variance Report are attached for Council’s information. There are some capital projects have
that have been commenced but have not been invoiced so they have shown up in the
Attachment as 0%.
ATTACHMENTS
1. 2022 Q3 Operating Revenue & Expense Variance Report
2. 2022 Q3 Capital Expense Variance Report
RECOMMENDATION
1. THAT Staff Report TR-17/22 re 2022 Q3 Variance Report be received for information.
Respectfully submitted, Reviewed by,
__________________________ __________________________
Lorne James, CPA, CA Thomas Thayer, CMO
Treasurer CAO|Clerk
Revenues
05.10 General Taxation $5,280,626 $5,250,545 101%
05.20 Other Revenues $777,191 $1,025,100 76%
10.10 General Government $58,560 $173,000 34%-transfer not booked yet
10.20 Council $1,200 $50,100 2%-transfer not booked yet
20.10 Fire Services $10,272 $17,500 59%
20.20 Police Services $0
20.30 Conservation Authority
20.40 Building Services $179,596 $214,000 84%
20.50 Bylaw Enforcement Services $12,970 $20,000 65%
25.10 Roads $369,382 $523,879 71%
25.20 Winter Control $2,721
25.40 Street Lights
30.10 Water $522,776 $754,712 69%
30.15 Richmond Water $63,322 $95,012 67%
30.30 Waste Disposal $88,993 $147,000 61%
30.20 Waste Water $710,555 $1,007,500 71%
35.20 Cemeteries $507 $2,000 25%
40.10 General Assistance
45.10 Parks & Recreation $1,760 $2,600 68%
45.20 Straffordville Community Centre $33,677
45.30 Vienna Community Centre
45.40 Libraries $38,466 $73,064 53%-timing of county payment
45.50 Museums $18,767 $24,200 78%
50.10 Planning, Development & Tourism $68,328 $64,500 106%
50.15 Tourism & Marketing $15,559 $15,000 104%
50.20 Environmental Services $6,500 0%
Capital $1,393,051 $6,117,500 23%- SCC in 2023 and no DMAF in 2022
Expenditures
05.10 General Taxation $3,304 $31,139 11%
05.20 Other Revenues
10.10 General Government $984,650 $1,245,241 79%
10.20 Council $73,990 $143,456 52%-election expense in q4
20.10 Fire Services $348,315 $555,705 63%
20.20 Police Services $459,734 $945,575 49%
20.30 Conservation Authority $75,555 $99,644 76%
20.40 Building Services $116,085 $148,200 78%
20.50 Bylaw Enforcement Services $30,600 $50,626 60%
25.10 Roads $1,369,200 $1,627,695 84%
25.20 Winter Control $69,883 $115,234 61%
25.40 Street Lights $25,633 $35,500 72%
30.10 Water $398,483 $754,712 53%
30.15 Richmond Water $39,704 $95,011 42%
30.20 Waste Water $468,949 $1,007,499 47%
30.30 Waste Disposal $399,610 $564,000 71%
35.20 Cemeteries $11,047 $17,500 63%
40.10 General Assistance $2,000 $7,000 29%
45.10 Parks & Recreation $71,732 $84,177 85%
45.20 Straffordville Community Centre $33,453 $37,552 89%
45.30 Vienna Community Centre $12,515 $26,152 48%
45.40 Libraries $35,109 $73,064 48%
45.50 Museums $46,972 $61,260 77%
50.10 Planning, Development & Tourism $147,265 $153,874 96%
50.15 Tourism & Marketing $51,303 $64,449 80%
50.20 Environmental Services $6,809 $15,448 44%
Capital $2,319,766 $7,114,000 33%- SCC in 2023 and no DMAF in 2022
Municipality of Bayham
Appendix A: 2022 Q3 Operating Revenue and Expense Variance Report
2022 Actuals 2022 Budget % Consumed
2022 2022 %
Actuals Budget Consumed
General Government
Council Computers -$ 10,000$ 0%
Laserfiche Forms -$ 10,000$ 0%
Liability Reserve Transfer 15,000$ 15,000$ 100%
Working Capital Transfer 10,000$ 10,000$ 100%
Election Reserve Transfer 15,000$ 15,000$ 100%
Guarantorship Loan Reserve Transfer 100,000$ 100,000$ 100%deferred to operating
Development Charges - W and WW 7,750$
Fire
Fire Equipment Reserve Transfer 160,000$ 160,000$ 100%
PPE Bunker Gear 18,011$ 25,000$ 72%
Water Flow Survey/ Dry Hydrant Install -$ 29,000$ 0%
Roads
Eden Line Culvert 32,351$ 35,000$ 92%done
Coyle Road 64,973$ 60,000$ 108%done
Best Line Culvert 39,286$ 35,000$ 112%done
Backhoe 175,666$ 180,000$ 98%done
Pressey Line 63,159$ 27,500$ 230%done
Murray Road 74,011$ 85,000$ 87%done
Maple Grove Line 146,530$ 140,000$ 105%done
Springer Hill Road 119,801$ 140,000$ 86%done
Eden Line 57,661$ 50,000$ 115%done
Stafford Road 50,000$ 0%cancelled
Carson Road 1,716$ 125,000$ 1%
Clarke Road 69,616$ 100,000$ 70%done
Coyle Road 277,162$ 280,000$ 99%done
Gravel Program 11,026$ 190,000$ 6%
Road Side Brushing 8,029$ 30,000$ 27%
Hill Management 40,596$ 30,000$ 135%done
CRF - Vienna Sidewalk Program 281,234$ 300,000$ 94%
PB Storm Sewer - Phase 1C-D 120,828$ 2,500,000$ 5%-on pause
B & C Inspection 10,000$ 0%
Laserfiche Forms -$ 10,000$ 0%
Sidewalks 26,993$ 100,000$ 27%
Road Signs 5,000$ 0%
Public Works - Road Transfer 210,000$ 0%not booked yet
Guardrails 10,000$ 0%
Water
Equipment Richmond 15,000$ 0%
Laserfiche Forms 10,000$ 0%
Richmond-Well level monitoring 15,000$ 0%
Waster Water
System Equipment 40,333$ 45,000$ 90%
UV System Upgrades 26,081$ 50,000$ 52%
Laserfiche Forms 10,000$ 0%
Manhole Rehab 3,764$ 25,000$ 15%
Parks
Quality of Place Initiatives 59,500$ 0%-done in 2021
Beach Amenities 9,536$ 10,000$ 95%done
Port Burwell Tennis Court 15,000$ 0%-q4
Richmond Park 5,171$ done
Facilities
Straffordville Library HVAC 12,145$ 15,000$ 81%done
Touchless Renovations 18,034$ 45,000$ 40%
VCC Water Funance 65,000$ 0%-done in 2021
SCC Expansion 2,003,000$ 0%-on pause
PB Lighthouse 165,000$ 0%
Municipality of Bayham
Appendix B: 2022 Q3 Capital Expense Variance Report
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: November 3, 2022
REPORT: CAO-61/22 SUBJECT: POST MUNICIPAL ELECTION ACCESSIBILITY REPORT
BACKGROUND
Under the Municipal Elections Act, 1996, as amended (MEA), the Clerk is responsible to conduct
the municipal election.
Section 12 of the MEA states:
12.1 (1) A clerk who is responsible for conducting an election shall have regard to
the needs of electors and candidates with disabilities.
(2) The clerk shall prepare a plan regarding the identification, removal and
prevention of barriers that affect electors and candidates with disabilities and
shall make the plan available to the public before voting day in a regular election.
(3) Within 90 days after voting day in a regular election, the clerk shall prepare a
report about the identification, removal and prevention of barriers that affect
electors and candidates with disabilities and shall make the report available to the
public.
This Report is being provided in accordance with 12.1(3) of the MEA.
DISCUSSION
In preparation for the 2022 Municipal Election, staff assessed three (3) potential polling stations for
accessibility using the Elections Canada Polling Place Suitability Checklist. All three venues were
deemed accessible per the Checklist, satisfying the requirements of Section 12.1(1) of the MEA.
These were the same locations identified and used for the 2018 Municipal Election.
Additionally, and in accordance with the accessibility requirements of operating a Municipal
election, staff finalized and posted the 2022 Municipal Election Accessibility Plan to the website on
September 23, 2022, fulfilling Section 12.1(2) of the MEA. Both documents are attached hereto.
Election Officials were appointed at the training sessions held on September 29 and October 4,
2022, respectively. The training included information on election accessibility and how to facilitate
an accessible election for all electors in Bayham.
Eligible electors had access to magnifier sheets to assist in navigating the ballots. These were
located in the Voting Booths for ease of access. Electors could also request assistance to navigate
their ballots. If assistance was required, the Elector and/or the individual providing assistance read
and assented to an Oath to assistance faithfully and without partially. Election Officials, under the
Act, are designated to provide impartial assistance whenever required by an Elector. Those
requiring assistance during the vote were encouraged to utilize Advance Poll dates/times as these
are generally less heavily attended and allow for more time and assistance to Electors who require
same.
During polling station set-up, polls and voting booths were spaced in such a manner to permit
movement of wheelchairs in a free and unencumbered manner. Election Officials also inspected the
polling stations and polling venues regularly to ensure accessibility at all times. During the Advance
Polls, as well as Vote Day polling at the three identified locations, no accessibility concerns were
brought to the attention of Election Officials.
To further encourage accessibility and increased voter turnout in future elections, it is expected that
staff will investigate alternative voting methods and present a Report on same well prior to the 2026
Municipal and School Board Elections for Council’s consideration and direction, should alternative
voting be desirable. Such a Report will include discussion and costing around the use of tabulators
and internet/telephone voting platforms for Council’s consideration.
ATTACHMENTS
1. Elections Canada Polling Place Suitability Checklist
2. 2022 Municipal Election Accessibility Plan
RECOMMENDATION
1. THAT Report CAO-61/22 re Post Municipal Election Accessibility Report be received for
information.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
Corporation of the Municipality of Bayham
2022 Municipality of Bayham – Municipal Election Accessibility Plan
Section 1 - Overview The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a provincial statute that allows the government to develop and enforce specific standards for accessibility. The standards, or regulations, are intended to achieve accessibility for persons with disabilities with respect to customer service, transportation, built environment, information/communication and employment. The Corporation of the Municipality of Bayham is committed to providing quality goods, services and facilities that are accessible and inclusive to all persons that it serves. In order to meet the needs of persons with disabilities the Municipality of Bayham will: i. Ensure policies, practices and procedures address dignity, independence, integration, inclusiveness and provide for equal opportunity for persons with disabilities; ii. Allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the services offered by the Municipality; iii. Strive to meet the needs of persons with disabilities in a timely manner, at a cost no greater than that for persons without disabilities; iv. Accommodate the accessibility needs of persons with disabilities to ensure they can obtain, use or benefit from the Municipality’s goods, services, programs and facilities. The CAO|Clerk is responsible for the proper legislative and administrative conduct of municipal and school board elections in the Municipality of Bayham. In accordance with the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the CAO|Clerk is authorized to establish procedures and provide appropriate measures to ensure that persons with disabilities have the opportunity to participate fully in the 2022 Municipal Elections. Accordingly, the 2022 Municipal Elections will be conducted in such a manner to ensure that: i. Candidates and Electors with disabilities have full and equal access to all election information and services; ii. Persons with disabilities have full access to Voting Places; iii. Persons with disabilities are able to independently and privately mark their ballotand have access to alternative methods of voting assistance.
Section 2 - Municipal Election Act, 1996 The CAO|Clerk is responsible for conducting Municipal Elections and establishing policies and procedures to ensure that all electors have the opportunity to fully participate in the 2022 Municipality of Bayham Municipal Elections.
The Municipal Elections Act, 1996, as amended states the following: 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 12.1 (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall makethe plan available to the public before voting day in a regular election. 12.1 (3) Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 41 (3) The clerk shall make such changes to some or all of the ballots as he or she considers necessary or desirable to allow electors with visual impairments to votewithout the assistance referred to in paragraph 4 of subsection 52 (1). 45 (2) In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities.
Section 3 – Scope
The scope of this plan applies to all facilities utilized by the Municipality of Bayham during Municipal Elections.
The Municipality of Bayham Municipal Election Accessibility Plan clarifies the application of the Human Rights Code and Accessibility for Ontarians with Disabilities Act, 2005 and complies with Section 45(2) of the Municipal Elections Act. The principle of this plan includes the respect and dignity of electors and integrates election procedures regarding accessibility into the regular election process; providing an equal opportunity for persons with disabilities.
Section 4 - Definitions
i. ‘Assistive Device’ shall mean a device used to assist persons with disabilities in carrying out activities or accessing the services of persons or organizations; ii. ‘Barrier’ shall mean an obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; iii. ‘Disability’ shall be as defined in the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005 and include any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co- ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial
appliance or device; a condition of mental impairment or a developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; a mental disorder: or an injury or disability for which benefits were claimed under the insurance plan established under the
Workplace Safety and Insurance Act, 1997. iv. ‘Discrimination’ shall mean unequal treatment based upon any of the prohibited grounds as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour, Sex (including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability. v. ‘Municipality’ shall mean the Corporation of the Municipality of Bayham. vi. ‘Nurse’ shall mean a Registered Nurse, Registered Practical Nurse or Nurse Practitioner who is a registered member in good standing with the College of Nurses in Ontario. vii. ‘Physician’ shall mean a physician who is a registered member in good standing with the College of Physicians and Surgeons of Ontario. viii. ‘Service Animal’ shall include: a. A ‘guide dog’, as defined in Section 1 of the Blind Persons Rights’ Act; or b. an animal used by a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or the person provides a letter from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability:
A member of the College of Audiologists and Speech-Language Pathologists of Ontario.
A member of the College of Chiropractors of Ontario.
A member of the College of Nurses of Ontario.
A member of the College of Occupational Therapists of Ontario.
A member of the College of Optometrists of Ontario.
A member of the College of Physicians and Surgeons of Ontario.
A member of the College of Physiotherapists of Ontario.
A member of the College of Psychologists of Ontario.
A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario c. As defined within legislation ix. ‘Support Person’ shall mean a person who accompanies a person with a disability in order to assist them with communication, mobility, personal care, or medical needs or with access to goods or services.
Section 5 - Alternate Formats
The Municipality will provide alternate formats of information and communication that is produced or in direct control of the Municipality. Alternate formats will be provided upon request, in a timely manner and at a cost that is no more than the cost charged for the original format. When it is not practicable to provide an alternate format, the Municipality will provide an explanation and a summary of the document in an accessible format. The Municipality will provide communication supports to members of the public upon request. If the Municipality is unable to obtain the requested communication support, the Municipality will work with the individual to determine an appropriate alternative method of communication.
In accordance with applicable legislation, the Municipality will ensure that websites and web content are created in a manner keeping with the expectations of the Web Content Accessibility Guidelines 2.0 (WCAG). In the event that it is not practicable to remediate a third party document, for which the Municipality is not in direct control through a contractual relationship, a member of the public may contact the Municipality to arrange for the information to be provided in an accessible format, upon request. The Municipality will consult with the requesting individual to determine suitability of format.
Section 6 - Training
Training will be provided to Election Officials in accordance with the Accessibility for Ontarians
with Disabilities Act, 2005 (AODA). The Municipality will retain records of training, including the date on which training is provided, the number of individuals to whom it is provided and the nature of the training that is provided. The names of the individuals trained will be recorded for municipal administrative purposes and all personal information collected will be managed in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The training will be appropriate to the duties of the Election Officials and may include:
An overview of the Ontario Human Rights Code
A review of the Accessibility for Ontarians with Disabilities Act, 2005
A review of the Integrated Accessibility Standards Regulation (O. Reg 191/11)
Specific review of Integrated Accessibility Standards Regulation requirements, based on the duties associated with the employee.
How to interact and communicate with persons with various types of disabilities
How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person.
How to use equipment or devices available on the Municipality’s premises or otherwise provided by the Municipality that may help with the provision of goods, services or facilities to a person with a disability.
What to do if a person with a disability is having difficulty accessing the Municipality’s goods, services or facilities.
Section 7 - Service Disruptions The Municipality will make reasonable effort to provide notice of a disruption to the public, including information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if any, that may be available. The Municipality will make reasonable effort to provide prior notice of planned disruption whenever possible, recognizing that in some circumstances such as in the situation of unplanned temporary disruption, advance notice will not be possible. In such cases, the Municipality will provide notice as soon as practicable. The notice will be placed on the Municipal website and by any other method that is reasonable and applicable under the circumstances.
Section 8 - Support Persons The Municipality is committed to welcoming persons with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be
allowed to enter the Municipality’s premises with their support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to their support person while on Municipal premises.
Persons with disabilities may be accompanied by a support person within the Voting Place. In addition, the Deputy Returning Officer in each Voting Place can assist the voter in casting their vote. Prior to entering the voting booth, the Deputy Returning Officer shall, in conjunction with the person with the disability, determine the extent to which they need assistance and the best way in which this assistance can be provided. This may include actually marking the ballot as directed by the person with the disability. All Deputy Returning Officers are sworn to an oath of secrecy.
Section 9 - Service Animals
Electors requiring service animals are permitted to be accompanied by a service animal at all voting locations. The Municipality is committed to welcoming persons with disabilities who are accompanied by a service animal on those parts of Municipal premises that are open to the public and other third parties provided the animal is not otherwise excluded by law. If a service animal is excluded by law, the Municipality will ensure that alternate means are available to enable the person with a
disability to obtain, use or benefit from the Municipality’s goods and services. If it is not readily apparent that the animal is a service animal, the Municipality may ask the person with the disability for a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. The Municipality may also, or instead, ask for a valid identification card signed by the Attorney General of Canada or a certificate of training from a recognized guide dog or service animal training school. If proper documentation is not produced, the person with the disability may be asked to remove the animal from the premises. It is the responsibility of the person with the disability to ensure that their service animal is kept in control at all times. This will include controlling the behavior of the animal (e.g. barking or growling), cleaning up after the animal (e.g. defecation) and being responsible for any damage the animal may cause to Municipal property.
Section 10 - Use of Assistive Devices A person with a disability may provide their own assistive device for the purpose of obtaining, using and benefiting from the Municipality’s goods and services. Exceptions may occur in situations where the Municipality has determined the assistive device may pose a risk to the health and safety of a person with a disability or the health and safety of others on the premises. In these situations, the Municipality may offer a person with a disability other reasonable
measures to assist him or her in obtaining, using and benefiting from the Municipality’s goods and services where the Municipality has such other methods available. It should be noted that it is the responsibility of the person with a disability to ensure that his or her assistive device is operated in a safe and controlled manner at all times.
Section 11 - Accommodation
The following accommodation principle is applicable to 2022 Municipal Election Officials.
The Municipality of Bayham is an equal opportunity employer. The Municipality’s commitment to a holistically inclusive work environment and universal accommodation extends to all employment activities: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition. It also includes the purchase and management of information technology and communication systems, development and management of information services, decisions relating to real property, purchases of internal fittings, and decisions related to conferences, seminars and training.
The Municipality of Bayham is an Equal Opportunity Employer
If you require accommodation at any time throughout the employment activities process, please contact us at: 519-866-5521, accessibility@bayham.on.ca or by visiting www.bayham.on.ca and we will make every effort to provide appropriate assistance pursuant to the Municipality of Bayham Employment Activities Accommodation Policy.
Section 12 – Assistance to Electors
VOTING BY PROXY A person with a disability that is unable to attend a Voting Place may appoint another person to act as a voting proxy to cast a ballot on his or her behalf. The appointment must be made on the prescribed form available at the Municipal Office. The person being appointed as a proxy will be required to take a statutory declaration before a Commissioner of Oaths. Once completed, the voting proxy may be exercised at any advance voting location or on Voting Day. The appointment of a proxy may only be made after 2:00 p.m. on Nomination Day, August 19, 2022 and does not remain in force after Voting Day. VOTING LOCATIONS A checklist has been created to ensure that each voting location has been properly inspected and that the voting location is adequately suitable to conduct an election taking into consideration accessible features. PARKING Designated parking for persons with disabilities will be available close to the entrance of voting locations, where possible. Accessible parking spaces will be clearly marked and will be on firm and level ground. Routine checks will be made to ensure all entrances remain barrier free through the course of the day.
Section 13 - Campaign Expenses Expenses that are incurred by a candidate with a disability that are directly related to the disability, and would not have been incurred but for the election to which the expenses relate are excluded from the permitted spending limit for the candidate in accordance with the Municipal Elections Act.
Section 14 - Feedback Process The ultimate goal of the Municipality is to meet and surpass public expectations pertaining to public service. Comments on Municipal services regarding how well those expectations are being met are welcome and appreciated on the Municipal Website as they may identify areas that require change and encourage service improvements. The Municipality is committed to developing accessibility policies that respects and promotes the dignity and independence of persons with disabilities. Therefore, no changes will be made to this policy before considering the impact on persons with disabilities. This policy exists to achieve service excellence to persons with disabilities. If questions exist about the policy, or if the purpose of a policy is not understood, an explanation will be provided by the Administration of the Municipality of Bayham.
Section 15 - Post-Election
Within 90 days of voting day, the CAO|Clerk shall submit a report to Council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities
Section 16 - Contact Information For additional information or clarification please do not hesitate to contact the Municipality of Bayham Election Resource Staff:
Thomas Thayer CAO|Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Office: (519) 866-5521 tthayer@bayham.on.ca
Margaret Underhill Planning Coordinator|Deputy Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Office: (519) 866-5521 munderhill@bayham.on.ca
Meagan Elliott Deputy Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Office: (519) 866-5521 melliott@bayham.on.ca
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CMO, CAO|Clerk
DATE: November 3, 2022
REPORT: CAO-62/22 SUBJECT: POST MUNICIPAL ELECTION STATISTICAL REPORT
BACKGROUND
Under the Municipal Elections Act, 1996, as amended (MEA), the Clerk is responsible to conduct
the municipal election.
The Nomination Period for the Election opened formally on May 2, 2022 and closed at 2pm on
August 19, 2022, which candidates certified no later than August 22, 2022.
There were a total of ten (10) certified candidates for the Municipal offices of Mayor, Deputy Mayor,
Councillor Ward 1, Councillor Ward 2, and Councillor Ward 3.
A Notice of Election was published identifying electoral races for Mayor, Councillor Ward 1,
Councillor Ward 2, and Councillor Ward 3. The Deputy Mayor was deemed Acclaimed.
The 2022 Municipal Election (the “Election”) was conducted on Monday, October 24, 2022 using
three Vote Day locations and five Advanced Polls as previously outlined in Report CAO-12/22,
which was received by Council on April 7, 2022.
As noted in Report CL-7/22, the method of vote for the Election was paper based, traditional ballot,
vote anywhere, live voters list. The Municipality utilized Voterview as the live voters list and election
system for updating the voters list as amendments (EL15 forms) were provided.
DISCUSSION
The turnout for the Election was 24.79%, with 1406 municipal ballots issued across all polls. This is
up from 2018, when the Election turnout was 21.25% - the lowest since Bayham amalgamated.
Ward 1 led the turnout with a 29.26% turnout, followed by Ward 2 (24.21%) and Ward 3 (20.26%).
Advance Polling
The Municipality operated five Advance Polls at the Straffordville Community Centre on the
following dates and times:
Saturday, October 15, 2022 – 10am-3pm (Poll A001)
Wednesday, October 19, 2022 – 10am-7pm (Poll A002)
Thursday, October 20, 2022 – 10am-7pm (Poll A003)
Friday, October 21, 2022 – 10am-3pm (Poll A004)
Saturday, October 22, 2022 – 10am-3pm (Poll A005)
The Advance Polls were quite successful. Over the five Advance Polls, 626 ballots were cast for
Municipal offices. This is up from 288 in 2018, or an increase of 117%.
Vote Day Turnout
Despite the successful Advance Polls, the turnout on Vote Day (October 24, 2022) was similar to
that of 2018. 780 votes cast across the seven polls at the three Vote Day venues in 2022, which is
comparable to the approximate 795 votes in 2018 on Vote Day.
The increased turnout overall is primarily associated with the success of the Advanced Polls, which
were advertised on the website, through Voyent Alert!, through the local media, and encouraged by
the candidates through their own communication platforms.
Vote Day by Location
On Vote Day, the most ballot used was at the Straffordville Community Centre (Ward 2) followed by
Lighthouse Gospel Church (Ward 1) and the Corinth Community of Christ Church (Ward 3).
Demographics
The demographic most likely to cast a ballot was the 70-79 age cohort, with a 43.47% turnout.
Age Percentage
Unk. 4.27%
18-30 8.50%
31-39 10.87%
40-49 19.32%
50-59 27.68%
60-69 39.96%
70-79 43.47%
80-89 39.13%
90+ 30.61%
As the above table demonstrates, the older age cohorts (50+ cohorts) all exhibit turnouts over
27.5%, with those 60+ all above 30%. Particular focus should be given to the 60-89 age group,
where all 3 cohorts reported greater than 39% turnout.
The oldest individual to attend a poll and vote was 97 years old.
Bayham struggled to attract turnout from the 18-39 age group with 8.5% and 10.87%, respectively,
which tends to be typical of turnout across municipal elections.
Voting by Proxy
The MEA provides for individuals to appoint proxies to vote on their behalf during an Election. To
vote by proxy, a certified Prescribed Form 3 must be remitted to the Clerk and certified in duplicate.
During the period between certification of candidates and Vote Day, Election staff received
numerous inquiries from candidates and residents about voting by proxy, all information for which
was available through the Municipal website.
Despite the interest in obtaining proxy information, only 13 certified proxies were utilized for the
Election, which was less than 1% of the total ballots cast.
RECOMMENDATION
1. THAT Report CAO-62/22 re Post Municipal Election Statistical Report be received for
information.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CAO|Clerk
DATE: November 3, 2022
REPORT: CAO-63/22 SUBJECT: PORT BURWELL LIGHTHOUSE HERITAGE CLADDING ASSESSMENT REPORT
BACKGROUND
At its July 18, 2019 meeting, Council received Report CAO-44/19 re Port Burwell Lighthouse.
The Report advised of a plan to reclad the Port Burwell Lighthouse in light of deterioration of the
existing cladding. The plan identified specific materials to be used for the project. The project,
however, was delayed due to the COVID-19 pandemic and competing Municipal priorities.
In accordance with the information in Report CAO-44/19, RFP 22-02 was issued in July 2022.
Due to community concern and at its July 21, 2022 meeting, Council received Report CAO-
36/22 re Port Burwell Lighthouse RFP, which identified that staff would be placing RFP 22-02 on
hold, pending further information with respect to the proposed works on the exterior of the Port
Burwell Lighthouse:
“Staff have commenced discussion with the Architectural Conservancy of Ontario (ACO) to
confirm 1) how best to evaluate and address the required rehabilitation works; and, 2) whether
the Municipality’s proposed approach to rehabilitation would be satisfactory under the Act.
As such, staff will be placing RFP 22-02 on hold temporarily, pending further information and will
advise further when same is received.”
Staff conducted an on-site meeting with Ed van der Maarel and Timothy Finch, a+LINK, on
August 9, 2022, and based on the information provided, presented Report CAO-41/22 re Port
Burwell Lighthouse Heritage Architectural Services to Council at the August 18, 2022 meeting.
The Report presented a Heritage Services Proposal Letter from a+LINK. Council passed the
following motion:
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT Report CAO-41/22 re Port Burwell Lighthouse Heritage Architectural Services
be received for information;
AND THAT Council accept the quote of $5,150+HST as provided in the Heritage
Services Proposal Letter submitted by a+LINK Architecture Inc. for Heritage
Architectural Services for the Port Burwell Lighthouse.
On October 18, 2022, a Heritage Cladding Assessment Report was received from a+LINK
Architecture Inc. (a+LINK).
DISCUSSION
The Report provides an overview of the history of the Port Burwell Lighthouse as well as a
discussion of its architecturally-significant features. The Report further discusses the Ontario
Heritage Act and Standards and Guidelines for conservation and preservation of historic assets,
including additional information regarding suitable methods for restoration and repair of the
Lighthouse exterior cladding.
Specifically, the Report notes that removal of healthy intact heritage elements is not consistent
with the standards and guidelines and would not be recommended. Instead, the focus should be
on remediation of the rotted clapboard and limiting repairs to the damaged areas. This would
require a more detailed investigate report of the state of the entirety of the siding but may prove
the more economical solution for the Municipality.
The Report identifies three key recommendations:
Existing Conditions Confirmation
Conservation Plan
Maintenance Plan
The Existing Conditions Confirmation is the first step. It involves the accurate documentation of
the whole structure.” and “will result in a more accurate conservation approach and provide a
benchmark for present and future maintenance programs.”
Documentation methods for the building should include professional photography, rectified
images, CAD files, a 3D Model, BIM data, site measurements, historic photos, testimonies,
articles, previous conversation attempts, major damages, and other necessary information
relating to the building’s past.
Regular topographical surveys are also recommended.
It is also recommended here that a structural engineer review be conducted as there is some
evidence of a timber beam being compromised and the potential need to review cracking in the
concrete foundation and their cause and prognosis.
These documents and reviews would be part of a database to guide conservation and
maintenance programs, including regular evaluations and observations of the cladding to
identify any emergent failures and, more generally, short-term and long-term routine
maintenance required to preserve the Lighthouse into the future.
The Report also contains the recommendation to remove the current vinyl application, which
has contributed significantly to the observed deteriorated condition of the wood siding and the
associated bubbling and peeling of the vinyl application.
After a review of the Report, staff followed up with a+LINK on its contents for confirmation on
next steps to ensure Council has the most comprehensive information at this time. a+LINK
confirmed that the next steps for Council, should it wish to proceed, would be an in-depth
investigative report into the overall condition of the clapboard and structure/siting in general.
This would include the following:
Architectural Report and Cladding Review.
Structural Report.
Soil Test Report.
Topographical Survey.
The Architectural Report and Cladding Review would encompass the entire Existing Conditions
Confirmation noted above while the Structural and Soil Test Reports and Topographical Survey
would provide information on the structure and siting. All components would be used to then
determine the scope of remediation required, the establishment of conservation and
maintenance plans to ensure heritage preservation, and cost estimates associated with both.
The Heritage Cladding Assessment Report was also circulated to the Museums Bayham
Committee for information purposes on October 26, 2022.
ATTACHMENTS
1. Heritage Cladding Assessment Report – Port Burwell Lighthouse – a+LINK Architecture
RECOMMENDATION
1. THAT Report CAO-63/22 re Port Burwell Lighthouse Heritage Cladding Assessment
Report be received for information;
2. AND THAT cost estimates for the recommended items in the Heritage Cladding
Assessment Report be obtained and provided to Council for further consideration.
Respectfully Submitted by:
Thomas Thayer, CMO
CAO|Clerk
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding
Assessment Report
Port Burwell
Lighthouse
Robinson Street
Port Burwell
Ontario
Prepared for:
Thomas Thayer Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0
Prepared by:
a+LiNK Architecture Inc. 126 Wellington Road London, ON N6C 4M8
(519) 649 0220 www.alinkarch.ca
a+LiNK Project #: 2238
Final Report: 2022.10.17
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 1 a+LiNK Project No. 2238, October.2022
Table of Contents
1 Executive Summary ............................................................................................................................ 2
Ed J. van der Maarel ............................................................................................................................ 2
Project Coordinator ............................................................................................................................. 2
2 General ................................................................................................................................................. 3
2.1. Introduction + Purpose .................................................................................................................. 3
2.2. Process ......................................................................................................................................... 3
2.3. Description of Heritage Property ................................................................................................... 3
2.4. Heritage Value of Historic Place ................................................................................................... 3
2.5. Heritage Designation ..................................................................................................................... 4
2.6. Character-Defining Elements ........................................................................................................ 4
3 Legislation, Polices, and Terms of Reference ................................................................................. 5
3.1. The Ontario Heritage Act (OHA) ................................................................................................... 5
3.2. Standards and Guidelines for Conservation of Historic Places in Canada (SGCHPC) ................ 6
3.3. Standards & Guidelines for Conservation of Provincial Heritage Properties ................................ 7
4 Proposed Intervention ........................................................................................................................ 8
4.1. Existing Condition ......................................................................................................................... 8
4.2. Evaluation of Deteriorated Cladding ............................................................................................. 8
5 Recommendations .............................................................................................................................. 9
5.1. Existing Conditions Confirmation .................................................................................................. 9
5.2. Conservation Plan ......................................................................................................................... 9
5.3. Maintenance Plan ......................................................................................................................... 9
6 Appendix ............................................................................................................................................ 10
6.1. Building Elevation Drawing SK1-1, prepared by a+LiNK architecture inc. .................................. 10 6.2. Reference Document: Guidelines – Buildings – Exterior Wood, Standards & Guidelines for the Conservation of Heritage Places in Canada (SGCHPC), from Parks Canada. .......................... 10
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 2 a+LiNK Project No. 2238, October.2022
1 Executive Summary
The purpose of this report is to demonstrate the best plan of action to restore the heritage cladding of the Port Burwell Lighthouse, which is through rehabilitating the existing wood clapboards and replacing the damaged members. This approach is the most compatible with the regulations imposed on heritage sites that call to preserve the character defining elements as well as minimal intervention and other points that are further elaborated in the report. The lighthouse holds high heritage value in its region with unique features, so it is recommended to protect them as much as possible. This proposal allows to potentially increase the lifespan of the lighthouse without making major renovations. Through proper maintenance and consistent inspection, we are able to verify the condition of the structure and instantly treat any issues before they increase in severity. The questions received from the client group which are addressed in this report are as follows: 1. How best to evaluate and address the required rehabilitation works. 2. Whether the Municipality’s proposed approach to rehabilitation would be satisfactory under the Act. 3. Is the use of contemporary (alternate) materials acceptable under the standards and guidelines? Respectfully submitted,
Ed J. van der Maarel Principal Architect + Heritage Consultant Dipl. Arch. RAIC, dipl. Arch. Tech. CAHP, ICOMOS
Timothy M. Finch Project Coordinator Licensed Technologist OAA, A.Sc. T., CAHP
Hadi Tamim Intern Architect B. Arch., GDAC, CAHP Student
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 3 a+LiNK Project No. 2238, October.2022
2 General
2.1. Introduction + Purpose
a+LiNK Architecture Inc. was commissioned by the Municipality of Bayham to undertake a heritage cladding assessment on the Port Burwell Lighthouse in order to define the heritage designation, current condition, and determine the appropriate rehabilitation approach to the deteriorating exterior wood cladding. This assessment includes a review of the applicable governing heritage legislation, issues faced with preserving this heritage element and the impact of the relevant applicable conservation standards and guidelines. Further to this, an evaluation of the Municipality’s proposed cladding rehabilitation approach is also included. The purpose of this report is to analyze the relevant guidelines that apply to the conservation of this historic place and create a consequent set of recommendations that will assist the municipality to prepare an appropriate plan of action to resolve the cladding issue of the Port Burwell Lighthouse and the entire structure itself while respecting the heritage value of the property.
2.2. Process
In order to meet the goals of the report, we undertook the following process to develop the information contained in the report. a+LiNK visited the site on August 9th, 2022 to photograph and undergo visual review to assess the condition of the cladding. The onsite review was limited to visual observation only, no destructive testing was performed as part of this analysis. We also analyzed all of the received documents from the client and legislative and preservation standards and guidelines to understand the history of this project and how to navigate it towards the best conservation approach. List of Documents Reviewed: 1. Municipal Council Report CAO-36/22 2. Municipal Council Report CAO-44/19 3. Municipal By-Law No. 85-29 Historical Designation of The Old Village Lighthouse. 4. Ontario Heritage Act, R.S.O. 1990, c. O.18, s.2 5. Standards and Guidelines for Conservation of Historic Places in Canada 6. Standards & Guidelines for Conservation of Provincial Heritage Properties 7. Historic Lighthouse Preservation Handbook. 8. Historic Places Canada: https://www.historicplaces.ca/en/rep-reg/place-lieu.aspx?id=7787 9. Lighthouse Friends: https://www.lighthousefriends.com/light.asp?ID=1079
2.3. Description of Heritage Property
Located on a hill overlooking the Harbour and Lake Erie is the Port Burwell Lighthouse since 1840. A 13.5-meter-high wooden tower west of Robinson Street in the Village of Port Burwell, the lighthouse appears in a tapered octagonal structure painted white and topped off with a red lantern. Designated in 1985 as a heritage site, the Lighthouse now operates as a Marine Museum under the supervision of the Municipality of Bayham that received ownership over the site from the Government of Canada in 1965 as found in By-law No. 85-29.
2.4. Heritage Value of Historic Place
The Port Burwell Lighthouse represents a mid-19th century wooden lighthouse design when the reflective lighting apparatus was fueled by whale oil. Built in 1840, it was the first wooden lighthouse of the series of lighthouses constructed along the Canadian shore of Lake Erie, and it is one of the oldest surviving wooden
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 4 a+LiNK Project No. 2238, October.2022
lighthouses in Canada. This lighthouse also demonstrates the evolution of lighthouse design with the emergence of new lighting technologies through its modification including the use of coal oil, then electricity, as well as a Fresnel dioptric lens. The lighthouse served as a navigational aid to direct marine traffic entering Port Burwell Harbour. The Port had a major role in the shipping of local timber harvested from the surrounding hinterland and later for commercial fishing, shipping, and ship-building in the 20th century. For most of its period, the lighthouse was associated with the Sutherland family, who, with the exception of a three-year period, tended the light for over 100 years from 1852 till the end of its service in 1962 when the light was taken out. In 1986, It was restored by Mennonite craftsmen using hand tools based on its original construction from the contribution of local residents and businesses. Today, the lighthouse represents an important local landmark and a prime tourist attraction that provides the community with valuable historical connection to its marine heritage.
2.5. Heritage Designation
The Port Burwell lighthouse was designated as a heritage site in 1985 under part IV of the Ontario Heritage Act due to its regional significance and character defining elements. Regional Significance: The lighthouse was the first wooden lighthouse built on the Canadian shore of Lake Erie, and it is one of the oldest surviving lighthouses in Canada. It represents the commercial activity that was happening in the region including shipping local timber, fishing, and more commerce. The lighthouse had a beacon light that would guide the ships at sea and aid in navigation. Designated Features: The central location of the lighthouse on a hill overlooking the harbour and a view of Lake Erie contribute to its designation. The physical features contributing to the designation of the lighthouse include its tapered octagonal form, pine timber framing, clapboard cladding, staggered windows on four sides, and its octagonal wood lantern. The low-pitched metal roof with a ventilator is also an important feature, as well as the lighting apparatus inside the lantern and the Fresnel lens. On the inside, it has a staircase with four landings.
2.6. Character-Defining Elements
Character-defining elements as listed in the municipal by-law No. 85-29 reflecting the heritage value include:
• the octagonal, tapered design
• framing of braced Douglas fir and pine timber
• clapboard cladding
• the staggered windows on four sides
• the octagonal wood lantern
• low pitched metal roof and ventilator
• the interior staircase with four landings
• the lighting apparatus inside the lantern, including the Fresnel lens
• its central location in the village on a hill overlooking the harbour and the Big Otter Creek
• views to the lighthouse from Lake Erie, the harbour, the west bank of Big Otter Creek and Robinson Street
• the stone and bronze markers that commemorate the restoration of the lighthouse in 1986, including a list of donors to the restoration fund.
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 5 a+LiNK Project No. 2238, October.2022
3 Legislation, Polices, and Terms of Reference
The Provincial and Municipal authorities have set in place a number of legislations, policies and terms of reference for the purpose of protecting, preserving, and integrating cultural heritage resources within Ontario. The following Legislation, Policies and Terms of Reference have been used in the preparation of this Heritage Assessment Report:
3.1. The Ontario Heritage Act (OHA)
The Ontario Heritage Act is administered by the Minister and it determines policies, priorities and programs for the conservation, protection and preservation of the heritage of Ontario. R.S.O. 1990, c. O.18, s.2. The Ontario Heritage Trust advises and makes recommendation to the Minister on matters relating to the conservation, protection and preservation of the heritage of Ontario. It constitutes a board of directors that has a minimum of 12 persons appointed by the Lieutenant Governor in Council. R.S.O. 1990, c. O.18, s. 5 (2); 1997, c. 34, s. 2; 2005, c. 6, s. 1. The Act applies to the property occupied by a public body entitled to make the alteration to the property that may be required under the heritage standards and guidelines approved under subsection (5). 2005, c.6, s.13 The heritage standards and guidelines, prepared by the Minister set out the criteria and process for the identification of properties that have cultural heritage value or interest. They set standards for the protection, maintenance, use and disposal of property referred to in clause (a). 20055, c. 6, s. 13. Any prescribed public body that owns or occupies properties shall comply with the heritage standards and guidelines approved under subsection (5). 2005, c. 6, s.13. Section 33 of the Act explains the Alteration of property stating that no owner of property designated under section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect
the property’s heritage attributes.
In the definitions section of the Act, “alter” means to change in any manner and includes to restore,
renovate, repair or disturb and “alteration” has a corresponding meaning; (“transformer”, “transformation”) Note: By proclamation of the Lieutenant Governor, section 1 of the Act is amended by adding the following subsection: (See: 2019, c. 9, Sched. 11, s. 1 (2))
Definition of “alter” in certain provisions. (2) Despite subsection (1), for the purposes of sections 33, 34.5, 69 and such other provisions as may be
prescribed, the definition of “alter” in subsection (1) does not include to demolish or to remove and
“alteration” does not include demolition or removal. 2019, c. 9, Sched. 11, s. 1 (2).” Since the existing clapboard cladding is listed as a character-defining element, it is considered as one of
the property’s heritage attributes. Then, it is not permitted to reclad the lighthouse with a different material as it would affect the property’s heritage attributes. As stated in municipal report CAO-36-22 “Section 33 of the Act provides the Municipal Council the ability to approve alterations to a designated building or structure, provided that the alterations consider and respect the applicable heritage features. In some situations, this does not necessarily mean historic materials and construction practices are required; it can allow for works with new materials and practices so long as the works are in keeping with the character, materials, and form of the features.” However, we believe this statement has been extrapolated from the Standards and Guidelines Standard 11. Specifically
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 6 a+LiNK Project No. 2238, October.2022
Standard 11 is in reference to materials used on new additions to heritage designated buildings and not to the designed structure itself. As mentioned in the definition, alterations mean to restore or repair items, and this does not include demolition or removal. If the lighthouse were to be reclad it would mean to remove the existing clapboard cladding that is of heritage value, so this regulation would not apply for recladding, only repairing the existing cladding.
3.2. Standards and Guidelines for Conservation of Historic Places in Canada (SGCHPC)
The purpose behind referring to the Standards and Guidelines is to achieve a successful conservation project. They are composed of general principles and specific advice to guide decision making when planning an intervention on a historic place. The approach is based on the conservation of the heritage value of the historic place and its character defining elements. Moreover, it is recommended to obtain advice from qualified conservation specialists and professionals in the planning stage of a conservation project because the Standards and Guidelines are not technical manuals with case-specific solutions, nor do they substitute the role of conservation specialists. It is important to agree on terminology and clarity of language. Conservation is the umbrella word in Canada that fall under it the treatment types. The Standards and Guidelines help determine the primary treatment of the historic place based on the heritage value, future purpose, and character-defining elements. It could be a restoration that looks to the past, a preservation that focuses on the present, or a rehabilitation that directs towards the future. Preservation focuses on maintenance and repair of the existing to diminish deterioration, prevent damage, and extend the life of the historic place while continuing to use it. Preservation is the most cautious of conservation treatments as it promotes minimal intervention. Rehabilitation goes a step further than restoration to adapt a new use for the historic place or bring it up to current codes, as well as additions to the place. Restoration brings back the historic place to a particular period of time by removing features added at a later period or recreating missing features from the restoration period based on clear evidence and detailed knowledge. The core of any conservation project is to preserve the historic place by maintenance, stabilization, and prolongation of its life. To do that, the Standards must be reviewed. These Standards are conservation principles based on international accepted conservation charters. They are a total of 14 Standards; 9 are general, 3 pertain to rehabilitation, and 2 relate to restoration. In brief, these Standards advocate for conserving values, conserving change, minimal intervention, honesty without false impressions, appropriate use, stabilization, condition evaluation, maintenance and repair except for deteriorated features, as well as compatible and subordinate additions that are reversible The proposal for restoring the existing cladding of the site adheres to the following Standards: Standard 1: the heritage value of the historic place is conserved as character-defining elements will be repaired rather than replaced. Standard 3: the adopted approach calls for minimum intervention. Standard 4: the historic place remains recognized as a physical record of its time since the same materials will be kept in place. Standard 7: Proper evaluation will be conducted to determine the right intervention with the gentlest means possible, while respecting heritage value. Standard 8: Character-defining elements will be maintained through the repair of the existing clapboard cladding except for extensively deteriorated parts, where there are surviving prototypes.
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 7 a+LiNK Project No. 2238, October.2022
Standard 9: The needed intervention to preserve the character-defining elements will be physically and visually compatible with the historic place and identifiable on close inspection. This intervention will also be documented for future reference. Standard 13: Relates to restoration where the existing cladding will be repaired instead of replaced and only replaced where the elements are too severely deteriorated, and they will be replaced with new elements that match the forms, materials and detailing of sound versions of the same elements.
3.3. Standards & Guidelines for Conservation of Provincial Heritage Properties
These Standards and Guidelines, issued under the authority of section 25.2 of the Ontario Heritage Act, are mandatory for ministries and prescribed public bodies. Provincial heritage properties are icons in the Ontario landscape. They are important to the social, economic, and cultural well-being of Ontario communities. Heritage properties include built heritage resources, meaning significant buildings, structures, earthworks, monuments, installations, or remains that have cultural heritage value. The principles of these Standards and Guidelines aims for the appropriate conservation and management of provincial heritage properties. The Continuing Care principle proposes sustaining the cultural heritage value of provincial heritage properties for long term benefit will be achieved most effectively by preventing deterioration through regular, on-going care. This implies that one of the most important methods for the conservation of a historic place is continuous maintenance and consistent inspection. Section D discusses the Maintenance of heritage properties. Prescribed public bodies shall:
• Maintain provincial heritage properties through continuous care, guided by the property’s Statement of Cultural Heritage Value and Strategic Conservation Plan.
• Repair or conserve, rather than replace, building materials and finishes and other components
that are part of a provincial heritage property’s heritage attributes. Apply a minimum intervention approach that protects the cultural heritage value of the property.
• Retain and maintain the visual settings and other physical relationships that contribute to the cultural heritage value of a provincial heritage property. Ensure that new construction, visual intrusions, or other interventions do not adversely affect the heritage attributes of the property.
• If changes that may adversely affect a provincial heritage property’s cultural heritage value are proposed for purposes of compliance with health and safety requirements, obtain advice from qualified persons on compliance alternatives or reasonable variances that protect cultural heritage value while satisfying health and safety objectives.
• In maintaining provincial heritage properties, consider energy-efficiency technologies and energy saving practices and incorporate them in ways that do not adversely affect cultural heritage value. Make decisions on energy saving measures based on the total environmental cost of proposed changes compared to the total environmental cost of retaining existing features. Minimum intervention approach means the course of action that applies the most benign physical effects to achieve the longest-term protection of heritage attributes while allowing compatible functional goals to be met. Strategic Conservation Plan means a document detailing how the property will be conserved in accordance with these Standards and Guidelines. The proposed intervention adheres to all of the points listed above in this section of the Provincial Standards & Guidelines.
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 8 a+LiNK Project No. 2238, October.2022
4 Proposed Intervention
As noted in the CAO Report CAO-44/19 to council the proposed intervention is to include the following scope of work: 1. Remove and dispose of existing siding and vinyl application, 2. Install new plywood and hardie board siding, 3. Add new wood trims, 4. Paint interior side of plywood white, 5. Install new entrance door and sill, 6. Concrete repairs.
4.1. Existing Condition
The lighthouse is of timber frame construction with a concrete foundation. The superstructure is clad entirely of beveled wood lap siding with protruding vertical wood corner trims. The cladding runs parallel with each of the wall facets and terminate at the corner and closure trims around doors and windows. The exterior of the structure has been painted with an impermeable elastomeric vinyl coating. Physically, the existing wood siding is approximately 5 ¼” x ½” +/- with a weather exposure of 4 ½”. It is important to note that the siding coursing is aligned with the head and sills of windows and doors creating a cohesive appearance. This feature, it appears, was intentional by the original designer and would form part of the character defining elements of the historic cladding. See attached elevation drawing in the appendix. Based on our visual review, it appears that the majority of the historic cladding is in reasonably stable condition. However, it should be noted that this statement is subject to the findings of a more in-depth investigation report in the future in order to document the full extent of the existing conditions. While it is believed that the majority of the cladding is in reasonable condition, the unfortunate application of the current vinyl coating has contributed significantly to the observed deteriorated condition of the wood siding. If the coating is left in place it will continue to cause further deterioration to the wood fabric.
4.2. Evaluation of Deteriorated Cladding
Extent of rot observed: The existing wood siding is exhibiting stress from water ingress which has contributed to wood rot in localized areas around the exterior walls of the lighthouse. The largest areas were observed in the middle of the south and south west elevations as well as random spots near the base of the siding on various elevations. See attached elevation drawing in the appendix. The localized deteriorated areas will require to some work to remediate the rotted boards. However, this would be limited to the damaged areas only. By limiting the repair to damaged areas only it may, in fact, prove to be a more economical solution. As well, removal of healthy intact heritage elements is not consistent with the standards and guidelines and would not be recommended. However, the removal of the current vinyl coating is recommended.
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 9 a+LiNK Project No. 2238, October.2022
5 Recommendations
5.1. Existing Conditions Confirmation
The first step, is the accurate documentation of the whole structure. Preparing this set of data will help in getting a better understanding of the structure that will result in a more accurate conservation approach and provides a benchmark for present and future maintenance programs. Documentation methods for the building should include professional photography, rectified images, CAD files, a 3D Model, BIM data, site measurements, historic photos, testimonies, articles, previous conservation attempts, major damages, and other necessary information relating to the building’s past. Regular topographical surveys of the site including the recording of building and grade elevations and the edge of bluff are recommended. A structural review and report from a professional engineer are recommended to review the wood superstructure and concrete foundation. While this is outside the scope of this report there is some photographic evidence indicating that there is at least one timber beam that may be structurally compromised. Further investigation would be required to confirm. A database would be created, including the documentation noted above, for the purpose of monitoring the building on an ongoing basis and used regularly to track changes and plan routine maintenance. For example, cracks in the concrete foundation were observed as part of our site visit. However, their chronology and progression are unknown. Using the database, observations as such could be monitored to deduce the reason behind this issue and have it resolved expeditiously.
5.2. Conservation Plan
It is recommended that a formal Conservation Plan be created including the following: based on the gathered database of the existing conditions, the applicable conservation standards, and confirmed restoration period, the proper conservation plan should be created for adoption by the municipal council to govern the use, maintenance, insurance coverage, emergency response, damage and replacement procedures for the Lighthouse.
5.3. Maintenance Plan
A maintenance plan should be created that identifies all short-term and long-term routine maintenance required to preserve the Lighthouse into the future. Observations for the cladding should be assessed through creating a hierarchy of needs to classify the observations based on severity and requirement of immediate action. Deteriorated elements will be identified and the process of replacement will then take place. The best method to treat or replace these members with new ones will be determined based on the closest properties to the original members and precise dimensions. Secondary issues will then be addressed such as the removal of previous attempts (ie. vinyl coating) to preserve the original cladding. New treatments will be determined to preserve the original cladding and prolong its lifespan without causing damage. Finally, annual inspection and regular updates of the database should take place to monitor the building and identify any changes to the building or site and allow for prompt resolution.
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 10 a+LiNK Project No. 2238, October.2022
6 Appendix
6.1. Building Elevation Drawing SK1-1, prepared by a+LiNK architecture inc.
6.2. Reference Document: Guidelines – Buildings – Exterior Wood, Standards & Guidelines for the Conservation of Heritage Places in Canada (SGCHPC), from Parks Canada.
COPYRIGHT ALL RIGHTS RESERVED. ALL IDEAS, DESIGNS, DRAWINGS AND REPRODUCTIONS ARE THE
PROPERTY OF a+LiNK ARCHITECTURE INC. AND ARE NOT BE USED OR REPRODUCED WITHOUTWRITTEN PERMISSION OF THIS OFFICE.126 WELLINGTON ROAD, LONDON ON N6C 4M8 P:519.649.0220 www.aLiNKarch.ca
DATE: 2022.10.17
SCALE: NTS
SK1-1
2238Heritage Cladding Assessment Report
Building Elevations
Port Burwell Lighthouse
North ElevationEast Elevation South ElevationWest Elevation
Legend:
: Area of rotted siding
N.
E.
S.
W.
Key Plan:
126 WELLINGTON ROAD
LONDON ON N6C 4M8
519.649.0220
www.aLiNKarch.ca
Heritage Cladding Assessment Report, Port Burwell Lighthouse preserve + create + sustain 11 a+LiNK Project No. 2238, October.2022
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-071
A BY-LAW TO AUTHORIZE THE EXECUTION OF A LIBRARY LEASE AGREEMENT
BETWEEN THE MUNICIPALITY OF BAYHAM AND THE COUNTY OF ELGIN – FRED
BODSWORTH (Port Burwell)
WHEREAS pursuant to Section 26, subsection 2, of the Public Libraries Act, R.S.O 1990, as
amended, the Council of a municipality may enter into an agreement to provide
accommodation to a County Library Board;
AND WHEREAS The Municipality of Bayham currently has a lease agreement with the
County of Elgin for use of the Fred Bodsworth Library facility that expires on December 31,
2022;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an Elgin County Library Lease Agreement to provide facilities for library
purposes in Port Burwell;
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;
2. AND THAT this by-law shall come into full force and effect as of January 1, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF
NOVEMBER 2022.
___________________________ _____________________________
MAYOR 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 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.
5
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;
6
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;
7
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.
8
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
9
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
10
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
11
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}
12
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”
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.
TELEPHONE: (519) 963-0444CAMBRIDGE OFFICE1315 BISHOP STREET NORTHSUITE 200CAMBRIDGE, ON, N1R 6Z2LONDON OFFICE1584 N. ROUTLEDGE PKUPPER FLOORLONDON, ON, N6H 5L6A1.1PORT BURWELL LIBRARYMAIN FLOOR PLAN2019/02/21
gb"Guy R. Bellehumeur, B. Arch., OAA, MRAIC,Principal Architect of GB ARCHITECT INC. is thedesigner for this project with respect to all architecturalwork identified on this drawing sheet. The OntarioAssociation of Architects has assignedas per requirements of the Ministry of MunicipalAffairs & Housing Bill 124."Guy R. Bellehumeur & GB ARCHITECT INC.The Architect above has
exercised responsible control
with respect to design
activities. The Architect's
seal number is their BCDN
number.430 ONTARIO STREETSTRATFORD, ONTARIO. N5A 3J2PHONE (519) 272 0073 FAX (519) 272 1433gbarchitect inc.
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.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-072
A BY-LAW TO AUTHORIZE THE EXECUTION OF A LIBRARY LEASE AGREEMENT
BETWEEN THE MUNICIPALITY OF BAYHAM AND THE COUNTY OF ELGIN –
STRAFFORDVILLE
WHEREAS pursuant to Section 26, subsection 2, of the Public Libraries Act, R.S.O 1990, as
amended, the Council of a municipality may enter into an agreement to provide
accommodation to a County Library Board;
AND WHEREAS The Municipality of Bayham currently has a lease agreement with the
County of Elgin for use of the Straffordville Library facility that expires on December 31, 2022;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an Elgin County Library Lease Agreement to provide facilities for library
purposes in Straffordville;
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;
2. AND THAT this by-law shall come into full force and effect as of January 1, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF
NOVEMBER 2022.
___________________________ _____________________________
MAYOR 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
5
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;
6
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
7
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.
8
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.
9
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
10
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
11
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}
12
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.
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.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-073
BEING A BY-LAW TO APPOINT & AUTHORIZE THE EXECUTION OF DOCUMENTS
FOR AN INTEGRITY COMMISSIONER AND CLOSED MEETING INVESTIGATOR
FOR THE CORPORATION OF THE MUNICIPALITY OF BAYHAM PURSUANT TO
SECTIONS 8, 9, 10, 11, 223.3, & 239.2 OF THE MUNICIPAL ACT, 2001, S.O. 2001, C.25,
AS AMENDED
WHEREAS Section 223.3 of the Municipal Act, 2001, as amended (the “Act”), authorizes a
municipal council to appoint an Integrity Commissioner who is responsible for performing in an
independent manner functions related to the Code of Conduct of members of council and local
boards;
AND WHEREAS such services shall be undertaken by an Integrity Commissioner appointed by
the Municipality, pursuant to Sections 8, 9, 10, 11, 223.3, and 239.2 of the Act;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham agreed to
participate with Elgin County regarding the issuance of a joint Request for Proposal (RFP) for
Integrity Commissioner, Closed Meeting Investigator, and Ombudsman Services;
AND WHEREAS the County of Elgin issued RFP 2022-P36 with a closing date of August 26,
2022;
AND WHEREAS a comprehensive review process was completed and Aird & Berlis LLP was
the successful bidder;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirable to
enter into an agreement with Aird & Berlis LLP for Integrity Commissioner and Closed Meeting
Investigator Services;
NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality
of Bayham hereby enacts as follows:
1. THAT Aird & Berlis LLP is hereby appointed as the Integrity Commissioner and
Closed Meeting Investigator for the Corporation of the Municipality of Bayham;
2. THAT the Chief Administrative Officer (CAO) is hereby authorized to execute any
necessary document or agreement;
3. THAT By-law No. 2020-077 is hereby repealed in its entirety;
4. THAT this by-law shall be deemed to have come into force and taken effect on
October 1, 2022.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 3RD DAY OF
NOVEMBER 2022.
____________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2022-074
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD NOVEMBER 3, 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 November 3, 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 3rd DAY
OF NOVEMBER 2022.
____________________________ _____________________________
MAYOR CLERK