Loading...
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