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HomeMy WebLinkAboutDecember 15, 2022 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, December 15, 2022 7:00 p.m. 7:30 p.m. Planning Public Meeting – 2 Applications The December 15, 2022 Council Meeting will allow for a hybrid meeting function – you may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel: https://www.youtube.com/channel/UCpY8wjivr1zSsi0tvbgtUrg 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held December 1, 2022 8. MOTIONS AND NOTICE OF MOTION A. Councillor Chilcott re Province-wide Shortage of Children’s Medication 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 2022 Council Agenda December 15, 2022 2 A. Report PS-24/22 by Ed Roloson, Water/Wastewater Operations re Drinking Water Quality Management Standards 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Revised Official Plan and Zoning By-Law Amendment – M & R Glen C/O Barry Wade Homes Inc. B. Notice of Public Meeting re Proposed Draft Plan of Subdivision Application – Vienna Ridge 34T-BA2201 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-63/22 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Bill 109, More Homes for Everyone Act, 2022 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Petrolia re Strengthening Powers of the Integrity Commissioner B. Town of Orangeville re Bill 23 C. City of Toronto re Update on Bill 23 D. Ministry of Natural Resources re Changes under the Oil, Gas and Salt Resources Act E. Long Point Region Conservation Authority re November 2, 2022 Minutes F. Long Point Region Conservation Authority re November 9, 2022 Minutes G. Port Burwell Historical Society re Museums Bayham Board Reactivation Petition H. County of Elgin re Ed Ketchabaw Elected as Elgin County Warden 13.1.2 Requiring Action A. Elgin County Police Services Board re Malahide Appointment 13.2 Reports to Council A. Report CL-10/22 by Meagan Elliott, Deputy Clerk re 2022-2026 Committees of Council and Council Appointments B. Report CAO-69/22 by Thomas Thayer, CAO|Clerk re 2023 Insurance Renewal 2022 Council Agenda December 15, 2022 3 C. Report CAO-70/22 by Thomas Thayer, CAO|Clerk re Agreement for Building Services Support – Hillenaar – Six (6) Month Contract 14. BY-LAWS A. By-Law No. 2022-076 Being a by-law to provide for an interim tax levy B. By-Law No. 2022-077 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2023 C. By-Law No. 2022-078 Being a by-law to appoint by by-law enforcement and property standard officers and to execute an agreement with Tenet Security Group Inc. for these services within the Municipality of Bayham D. By-Law No. 2022-079 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Ramona Peidl for provision of recycling receptacle services E. By-Law No. 2022-080 Being a by-law to amend by-law 2022-011 being a by-law to appoint municipal officers and employees for the Municipality of Bayham F. By-Law No. 2022-081 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Hillenaar Consulting Inc. 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera A. Confidential Report re Personal matters about an identifiable individual (Committee Appointment) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-082 Being a by-law to confirm all actions of Council 18. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, December 1, 2022 7:00 p.m. The December 1, 2022 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL MANAGER OF PUBLIC WORKS|DRAINAGE SUPERINTENDENT STEVE ADAMS MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON 1. CALL TO ORDER & INAUGURAL PROCEEDINGS A. Call to Order – CAO|Clerk CAO|Clerk Thomas Thayer called the meeting to order at 7:00 p.m. B. Declaration of Elected Offices CAO|Clerk Thomas Thayer provided the Declaration of Office to the Council-elect, following which members took their respective seats at the Council table. C. Statements by Council Elect Statements were made by all members of Council. The Council meeting recessed at 7:15 p.m. and resumed at 7:30 p.m. where the CAO|Clerk formally passed the Chair to Mayor Ketchabaw. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 2022 Council Minutes December 1, 2022 2 4. ANNOUNCEMENTS Councillor Chilcott announced that the Straffordville Hall Foundation (SHF) is having a Vendor Show on Saturday, December 3, 2022 from 9am – 2pm at the SCC. Chilcott also announced that the Port Burwell parade is on Saturday, December 3, 2022 at 6pm and that the SHF parade the following weekend on Saturday, December 10th begins at 10:30am and they ask that you bring a non-perishable food to donate to the food pantries. Deputy Mayor Weisler announced that the Straffordville Library in collaboration with the photographers of the Otter Valley are hosting a complimentary holiday portrait session on Saturday, December 3, 2022 from 1-4pm. You can register for a free portrait at the Library or by calling 519 866 3584. Weisler also announced that there is a new sharing pantry located at Kohli’s Fresh Mart in Straffordville for those who wish to donate items. Weisler noted the SHF is also organizing a holiday food drive starting on December 1, 2022 until December 21, 2022. Donations for this can also be dropped off at Kohli’s Fresh Mart and will be distributed to the food pantries. Councillor Froese announced the tree lighting service on Friday, December 2, 2022 at 6:30pm. CAO|Clerk Thayer announced changes to the 2023 budget meetings and noted the schedule changes will be reflected on the website. 5. PRESENTATIONS A. CJDL re Sanitary Pumping Station Capacity Study Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the presentation from CJDL re Sanitary Pumping Station Capacity Study be received for information. CARRIED 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held November 3, 2022 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes from the Regular Council Meeting held November 3, 2022 be approved as amended. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM One (1) member of the public spoke to item 1 C. and 13.1.1 D. 2022 Council Minutes December 1, 2022 3 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 A. New Hope Baptist Church re Request for Reflectors Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the correspondence from New Hope Baptist Church re Request for Reflectors be received for information; AND THAT the Municipality of Bayham forward the correspondence to the Ministry of Transportation (MTO). CARRIED 11.2 Reports to Council 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Revised Official Plan and Zoning By-Law Amendment – M & R Glen C/O Barry Wade Homes Inc. B. Notice of Public Meeting re Proposed Draft Plan of Subdivision Application – Vienna Ridge 34T-BA2201 Moved by: Councillor Emerson Seconded by: Councillor Froese THAT items 12.1.1 A & B be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information 2022 Council Minutes December 1, 2022 4 A. Southwestern Public Health re Medical Officer Recommends Masking Indoors B. Long Point Region Conservation Authority re Board of Directors Meeting Minutes of October 5, 2022 C. Long Point Region Conservation Authority re 2023 Draft Budget D. Watson & Associates re Bill 23 E. GoVaxx COVID-19 Vaccine Clinic – December 14 and 21, Vienna Lions Community Centre F. Elgin County Christmas Listings G. Elgin County re Request for Traffic Study H. Township or Warwick re CN Railway Contribution Requirements I. Dorion Township re OMAFRA Ontario Wildlife Damage Compensation Program Administrative Fee Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – I be received for information; AND THAT correspondence be sent to Long Point Region Conservation Authority (LPRCA) pertaining to item 13.1.1 C requesting clarification on the nature of the expenditure increases and the impacts to the 2023 draft consolidated operating budget. CARRIED 13.1.2 Requiring Action A. Ken Andrews, SHF re Community Outdoor Skating Rink Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the correspondence from Ken Andrews re Community Outdoor Skating Rink be received for information; AND THAT the request for and placement of a Community Outdoor Skating Rink be approved. CARRIED 13.2 Reports to Council A. Report CAO-65/22 by Thomas Thayer, CAO|Clerk re Transfer of a Portion of Clarke Road Moved by: Councillor Froese Seconded by: Councillor Chilcott 2022 Council Minutes December 1, 2022 5 THAT Report CAO-65/22 re Transfer of a Portion of Clarke Road be received for information; AND THAT the Clerk and Mayor execute the required documentation to transfer the identified portion of Clarke Road into Municipal ownership. CARRIED 14. BY-LAWS 15. UNFINISHED BUSINESS 16. OTHER BUSINESS A. March 11, 2020 Museums Bayham Board Minutes Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the March 11, 2020 Museums Bayham Board Minutes be received for information. CARRIED 16.1 In Camera Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 8:44 p.m. to discuss: A. Confidential Report re labour relations, employee negotiations (Compensation) B. Confidential Report re labour relations, employee negotiations (Human Resources) CARRIED 16.2 Out of Camera Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Council do now rise from the “In Camera” session at 9:27 p.m. and report on Confidential Report re labour relations, employee negotiations (Compensation) and Confidential Report re labour relations, employee negotiations (Human Resources) CARRIED Moved by: Councillor Froese Seconded by: Councillor Emerson 2022 Council Minutes December 1, 2022 6 THAT Confidential Report re labour relations, employee negotiations (Compensation) be received for information; AND THAT staff proceed as directed. CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the Confidential Report re labour relations, employee negotiations (Human Resources) be received for information; AND THAT staff proceed as directed. CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2022-075 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Confirming By-law No. 2022-075 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the Council meeting be adjourned at 9:28 p.m. CARRIED MAYOR CLERK Motion Pursuant to Section 6.8 of the Municipality of Bayham’s Procedural By-law No. 2022-003, a Motion or Notice of Motion may be proposed by a Member of Council and included on a Regular Session Agenda for discussion and Council consideration. A Motion will require a Seconder prior to consideration. ___________________________________________________________________________ Motion re Province-wide Shortage of Children’s Medication Moved by: Councillor Chilcott Seconded by: WHEREAS staffing shortages of healthcare professionals, especially nurses, is an ongoing problem in Ontario; AND WHEREAS this problem continues to grow since the COVID-19 Pandemic and the passing of Bill 124, a Bill which suppresses the wages of nurses and health-care professionals and limits their ability to negotiate freely; AND WHEREAS these staffing shortages are causing substantial wait times in emergency rooms, noticeably widening gaps in health care, and emergency room closures; AND WHEREAS there has been an increase in child sicknesses contributed by a lack of timely and available health care; AND WHEREAS there is a province-wide shortage in children medications, both over-the- counter and prescribed; NOW THEREFORE BE IT RESOLVED THAT the Municipality of Bayham calls on the Ontario government to recognize and address the deepening health care crisis in Ontario and take urgent action to remedy human resources and medication shortages to properly serve Ontario residents; AND THAT a copy of this Resolution be sent to: • The Premier of Ontario and the Ontario Minister of Health; • The Leader of the Official Opposition and the Opposition Critic for Health; • All Members of Provincial Parliament representing constituencies in Bayham; and, • The Association of Municipalities of Ontario (AMO), requesting they share with their member municipalities. REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Ed Roloson, Manager of Capital Projects – Water/Wastewater DATE: December 15, 2022 REPORT: PS-24/22 SUBJECT: DRINKING WATER QUALITY MANAGEMENT STANDARDS BACKGROUND Municipal drinking water systems owners are required to operate their water systems with a valid license and incorporate a quality management system into their operations as implemented under the Safe Drinking Water Act. Licenses are issued by the MECP (Ministry of the Environment, Conservation and Parks) to the owners upon approval of a drinking water works permit, an acceptable operational plan from the operating authority that documents a quality management system (endorsed by the system owners), an accredited operating authority, a financial plan for the system(s), and a permit to take water if applicable. DISCUSSION In order to comply with the requirements set out in the Drinking Water Quality Management Standard the owners (Council) of the system(s) must re-endorse the quality management system at the beginning of a new Council term. The current operational plans for the Bayham and Richmond Water Systems are attached hereto for review. ATTACHMENTS 1. Bayham Water Distribution System – Quality Management System Operational Plan 2. Richmond Community Drinking Water System – Quality Management System Operational Plan RECOMMENDATION 1. THAT Staff Report PS-24/22 re Drinking Water Quality Management Standards be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham endorse both the Bayham Water Distribution System and the Richmond Community Water System Operational Plans; 3. AND THAT the Bayham Water Distribution System and the Richmond Community Water System Operational Plans be reviewed annually by staff and revisions made as necessary to maintain and improve the quality management system. Respectfully Submitted by: Reviewed by: _________________________ __________________________ Ed Roloson Thomas Thayer, CMO Manager of Capital Projects – CAO|Clerk Water/Wastewater MUNICIPALITY OF BAYHAM Bayham Water Distribution System Quality Management System Operational Plan PREPARED BY: MUNICIPALITY OF BAYHAM QUALITY MANAGEMENT SYSTEM TEAM Revision 1.16 February 5, 2022 Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 1 OPERATIONAL PLAN REVISION HISTORY Date Revision # Description of Revision Feb. 05, 2021 1.15 Implemented operational plan revision history table. Eliminated page numbering within the operational plan to reference to Appendices and Procedures. Revised Procedure A – Document and Record Control with the ongoing introduction of the Laserfiche system in regards to document identification, storage, availability and control. Addition of pandemic events and cyber-attacks to risk assessment in Elements 7 and 8. Feb. 05, 2022 1.16 Implemented revision history table to Procedure B – Risk Assessment and Outcomes. Added statement to Procedure E regarding internal audit to be completed at least once every calendar year. Updated top management endorsement in Appendix A. Implemented statement in Element 15 regarding the use of Laserfiche regarding maintenance activities work orders. Added statement to Procedure B regarding Element 17. Updated link to website regarding raw water source annual and quarterly water quality reports. Grammar changes. Revised Element 3 Commitment and Endorsement for clarification of re-endorsement. Removed statement in Element 11 and Procedure B regarding the reference of Ontario Regulation 75/20 which was revoked and referenced amendment in Ontario Regulation 128/04. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 2 MUNICIPALITY OF BAYHAM QUALITY MANAGEMENT SYSTEM OPERATIONAL PLAN Table of Contents 1. Quality Management System Pg. 3 2. QMS Policy Pg. 3 3. Commitment and Endorsement Pg. 3 4. QMS Representative Pg. 4 5. Document and Records Control Pg. 4 6. Drinking Water System Pg. 5 7. Risk Assessment Pg. 6 8. Risk Assessment Outcomes Pg. 6 9. Operational Structure, Roles, Responsibilities and Authorities Pg. 6 10. Competencies Pg. 6 11. Personnel Coverage 24/7 Pg. 7 12. Communication Pg. 8 13. Essential Suppliers and Services Pg. 8 14. Review and Provision of Infrastructure Pg. 9 15. Infrastructure Maintenance, Rehabilitation and Renewal Pg. 10 16. Sampling, Testing and Monitoring Pg. 11 17. Measurement and Recording Pg. 11 18 Emergency Management Pg. 12 19. Internal Audit Pg. 12 20. Management Review Pg. 13 21. Continual Improvement Pg. 13 APPENDIX A - Council and Top Management Endorsement Pg. 14 APPENDIX B – Organizational and Operational Structure Pg. 15 APPENDIX C - Process Flow Chart Pg. 16 APPENDIX D - Operational Responsibilities and Authorities Pg. 17 Procedure A - Document and Record Control Pg. 19 Procedure B - Risk Assessment and Outcomes Pg. 22 Procedure C - Personnel Coverage 24/7 Pg. 34 Procedure D - Water Supply Emergency Plan Pg. 35 Procedure E - Internal Audit Pg. 42 Procedure F - Management Review Pg. 44 Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 3 1. QUALITY MANAGEMENT SYSTEM This document will be the Quality Management System Operational Plan for the Bayham Water Distribution System (DWS#260004748). The Municipality of Bayham is the owner and operating authority of the said system. The Quality Management System for Bayham covers the transmission and distribution of potable drinking water to consumers within the Municipality of Bayham. Treated potable drinking water is purchased from the producer, Elgin Area Water Treatment Plant. The water enters the Bayham distribution system from the Port Burwell Secondary Water Supply System. The Bayham Water Distribution System transmits and distributes potable drinking water to the communities of Port Burwell and Vienna. 2. QUALITY MANAGEMENT SYSTEM POLICY The Municipality of Bayham and its water distribution system is committed to comply with applicable regulations set forth by the Safe Drinking Water Act (SDWA) 2002 – Ontario Regulation 170/03 Drinking Water Systems Regulation and Ontario Regulation 169/03 Ontario Drinking Water Quality Standards and other requirements. The Municipality of Bayham will supply clean safe drinking water to meet consumer requirements and is committed to the maintenance and continual improvement of the Quality Management System. (March 2009) This Quality Policy is applicable to all water department employees and is displayed in public areas of the municipal administrative offices located at 56169 Heritage Line, Straffordville, the Port Burwell Wastewater Treatment Plant at 1 Chatham Street, Port Burwell, and on the municipal website (www.bayham.on.ca). The Quality Management System Policy statement is to be reviewed during the annual management review. 3. COMMITMENT AND ENDORSEMENT The Operational Plan will be endorsed by the Owner during each term (4 years) of Council through a Council Resolution. The QMS Representative ensures the Operational Plan is reviewed annually with revisions made as necessary to maintain and continually improve the quality management system. Re-endorsement is required by the Owner when there is a change in Mayor or Council members during the term of Council and Top Management when there is a major change in the Operational Plan or when there is change in personnel. See Appendix A Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 4 Through water publications, association memberships, ministry newsletters and on-going training requirements, these resources of regulatory requirements help to maintain and improve the quality management system. Any actions undertaken to completion are tracked through the Municipality of Bayham Continual Improvement Tracking Spreadsheet. 4. QUALITY MANAGEMENT SYSTEM REPRESENTATIVE The Water/Wastewater Operations Manager will be the QMS representative or in his absence, a Certified Operator. The QMS representative will develop, implement, maintain and report the effectiveness, including the need for improvement, of the QMS to the owner and ensure that the current versions of the documents required by the QMS are in use at all times. The representative will promote the QMS throughout the water department and see that personnel are aware of all current legislation and regulatory requirements that are relevant to the operation. 5. DOCUMENT AND RECORDS CONTROL All records required by the Ministry of the Environment, Conservation and Parks O. Reg. 128/04 and O. Reg.170/03 to demonstrate compliance and or conformance shall be maintained per the regulations. In summary, the following documents and records are retained; 2 years - Operational and Maintenance Checks Records, Microbiological Sampling and Testing Results along with associated AWQI and Corrective Action Reports. 5 years – Logbooks 6 years – THM, HAA, and Lead Parameter Sample Results and Annual Summary Reports 15 years – Engineering Reports if applicable The operational plans that were the subject of an audit, as required by Section 4.0.1 of the Director’s Directions Minimum Requirements for Operational Plans (July 2007), will be retained for 10 years. All documents and records received is reviewed, acted upon if needed, filed in labeled folders in a file cabinet, or placed in a binder and retained for five years at the water department office. After 5 years, all hard copy documents and records will be archived at the Water Department Office at the Port Burwell Wastewater Treatment Plant, 1 Chatham Street, Port Burwell. The municipality complies with Provincial Records Management through By-Law 2014-091 Records Retention and Document Control. See PROCEDURE A Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 5 6. DRINKING WATER SYSTEM The Municipality of Bayham is the owner and operating authority of the Bayham Distribution System (DWS#260004748). As shown on the organizational structure, the Mayor and Council are the head of the Municipality, and the operating responsibility is delegated to the staff. See Appendix B for the organizational structure. The Bayham Water Distribution System transmits and distributes potable drinking water to the communities of Port Burwell and Vienna. A system description can be found in the Bayham Water Distribution System Operations/Management Manual Section 1 – Distribution System Operations and Management. All customers within the Bayham Water Distribution System are metered and the meters are read on a bi-monthly basis. There is no discount within our system for larger users. All bills are calculated on a cubic metre rate. Treated potable drinking water is purchased from the producer, Elgin Area Water Treatment Plant. The most recent annual and quarterly water quality reports can be found on the Lake Huron & Elgin Area Primary Water Supply Systems website https://huronelginwater.ca/consumer-resources/water-quality/ https://huronelginwater.ca/consumer-resources/consumer-reports/ The water enters the Bayham distribution system from the Port Burwell Area Secondary Water Supply System. The Port Burwell Area Secondary System runs along Nova Scotia Line to the Port Burwell Tower and Lakeview Re- chlorination Facility. Both of these facilities maintain secondary disinfection using sodium hypochlorite complete with continuous on-line analyzers, data loggers and alarms. On Nova Scotia Line, the services and hydrants are the responsibility of the municipality (Bayham and Malahide) in which they are located. Water volumes entering the Bayham Water Distribution System are metered at the Port Burwell and Vienna water meter chambers. Event driven fluctuations are originated from the Elgin Area Water Treatment Plant (i.e. Taste and odour) and along the Port Burwell Area Secondary System (i.e. pressure changes related to water tower levels). The Bayham Water Distribution System has no control over these event driven fluctuation. Bayham is the end user of the Elgin Area Water Treatment Plant/Port Burwell Area Secondary System and rely on the safe delivery of the water to our distribution system. The system is operated in conformance with the approved Municipal Drinking Water Licence Number 061-101 Issue Number 4 and Drinking Water Works Permit Number 061-201 Issue Number 4. See APPENDIX C Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 6 7. & 8. RISK ASSESSMENT AND OUTCOMES See PROCEDURE B 9. OPERATIONAL STRUCTURE, ROLES, RESPONSIBLITIES AND AUTHORITIES The Water/Wastewater Operations Manager shall keep the operational structure, organizational structure, respective roles, responsibilities and authorities current, and shall communicate this information to the owner and personnel. (See Municipality of Bayham Essential Supplies, Services and Emergency Contact List in the Bayham Water Distribution System Operation/Management Manual Section 3 – Contact List regarding names of persons having top management responsibilities.) See APPENDIX B See APPENDIX D 10. COMPETENCIES The following table illustrates the competencies required by personnel whose duties directly affect drinking water quality Function Required Competencies Desired Competencies Water/Wastewater Operations Manager  Minimum Class I Distribution certification  Minimum 10 years Class I operation  Development of all capital and regular plans  WHMIS  First Aid (including CPR)  Leadership Training  Confined Space Training Operators  Operator in Training to Distribution Class I certification  Internal auditor training  WHMIS  Confined Space Training  First Aid (including CPR) Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 7 The Municipality of Bayham’s Water Department provides for training in their annual budget process. At a minimum the training budget includes funding for legislated and required training to maintain operator certification in accordance with O.Reg.128/04. Training or knowledge gain may take the form of on or off-site training sessions and seminars, on-the-job training, distance learning or courses of study. Where appropriate, proof of participation or proficiency will be required as proof of competency. Through internal audits, risk assessments of the operational plan, QMS changes/updates through staff meetings (communications), annual training (On- The-Job and/or Director Approved), personnel are aware of the relevance of their duties and how they affect safe drinking water quality. 11. PERSONNEL COVERAGE The water department is staffed from Monday to Friday 8:00 am to 4:30 pm five days per week. The Water/Wastewater Operations Manager is the primary overall responsible operator (ORO) and the back-up ORO is tracked through the water system logbook and time sheets. The 24/7 personnel coverage procedure shows how after hour emergencies are handled. Spectrum Communications bumps numbers until either the superintendent or one of the operators is contacted. See PROCEDURE C An on-call operator is assigned by the Water/Wastewater Operations Manager on a weekly basis to respond to after-hours and weekend emergencies. When on-call, the operator is required to remain within one hour driving time of the municipal water system. The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Bayham Water Distribution System Operations/Management Manual Section 6 – Contact List and Forms. If the municipality requires assistance in recovering from and responding to emergencies, the CAO and Treasurer have access to the OnWARN list and the authority to request for external Operator assistance. The municipality is committed to ensuring that adequate staff meet the required competencies are available for duties that affect drinking water quality. Recent amendments to Ontario Regulation 128/04 Certification of Drinking Water System Operators and Water Quality Analysts are intended to provide systems Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 8 with temporary staffing options (e.g. use of knowledgeable non-certified persons) during an emergency that could adversely affect the operation of a system resulting in a drinking water hazard. The new provisions are available if there is reasonable grounds for believing that there is an existing or impending critical shortage of certified operators and the use of non-certified persons is necessary to ensure the safe and efficient operation of the subsystem and continued provision of safe drinking water. The use of temporary measures is also subject to applicable labour laws and collective agreements. Regulatory relief as a result of COVID-19 can be applied for. The ministry (MECP) will evaluate requests on a case by case basis through an application for relief. All relief is issued with an expiry date. 12. COMMUNICATION The QMS representative shall ensure the owner (Mayor and Council) is provided with a current copy of the Operational Plan. The QMS representative shall keep the owner informed of any changes to the QMS, the adequacy of infrastructure requirements, the outcome of management reviews and other issues related to the QMS on an annual basis. Personnel will be informed of the QMS and of any changes or updates through staff meetings with the QMS representative. A current version of the Operational Plan is available for review by staff at the water department office and at the municipal office. Essential suppliers shall receive information regarding the QMS from the purchaser if and when necessary. Water works suppliers will be advised of Municipal Standards via e-mails to ensure material standards. Consumers may be informed of the QMS and any significant changes by newsletters, flyers or hand-outs. The QMS policy will be posted at the water department office and at the municipal office. It can also be viewed on the municipal web site. 13. ESSENTIAL SUPPLIERS AND SERVICES Where applicable, supplies must meet or be equal to AWWA, NSF or ANSI specifications. Supplies are verified against the order requisition when received. Laboratory analysis services provided require accreditation through CALA (Canadian Association For Laboratory Accreditation Inc.). Accreditation certificate copies and a list of licensed laboratories available from the Ministry of the Environment, Conservation and Parks can be found in the Bayham Water Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 9 Distribution System Operations/Management Manual Section 10 – Scope of Accreditation of Applicable Laboratories Verification/Calibration of measurement and recording equipment (i.e. portable chlorine analyzers) services provided, a copy of the Statement of Qualifications/Accreditations is located in the Bayham Water Distribution System Operations/Management Section 3 – Calibration Reports. A list of suppliers and contractors has been developed and can be found in the Bayham Water Distribution System Operations/Management Manual Section 3 – Contact List (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List) in the water department office. This list is reviewed annually by the Water/Wastewater Operations Manager to ensure that it is current and up-to-date. The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Bayham Water Distribution System Operations/Management Manual Section 3 – Contact List. Only authorized municipal employees can purchase or engage service providers as listed as set out in By-Law 2012-122 Procurement Policy. 14. REVIEW AND PROVISION OF INFRASTRUCTURE The Municipality of Bayham will review infrastructure used for the operation and maintenance of the Bayham Distribution System on an annual basis. The Water/Wastewater Operations Manager completes the review with input from staff as needed. The adequacy of the infrastructure to operate and maintain the distribution system may be assessed based on performance measures (water quality trends), engineering consultant reports if applicable , Ministry of Environment, Conservation and Parks (MECP) reports and orders if applicable, risk assessment outcomes and input from operators/public (water department staff suggestions and consumer complaints. Upon the completion of the infrastructure review, the Water/Wastewater Operations Manager will prepare a budget report that summarizes findings based on the review and outlines the infrastructure needs. These needs are to be organized into two categories: operations/maintenance and capital. This report is presented for council`s consideration during annual budget deliberations. The Review and Provision of Infrastructure Checklist Form (found within the Master Document List) will be utilized during the review process. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 10 15. INFRASTRUCTURE MAINTENANCE, REHABILITATION AND RENEWAL Water/Wastewater staff of the Bayham Distribution System carry out the infrastructure maintenance, rehabilitation and renewal programs for the distribution system. These programs are influenced by the following; - Manufacturer guidelines - Equipment manuals - Operations/ maintenance manual - Incoming customer service calls - Operator input based on daily rounds and - Yearly budgets and reports The Water/Wastewater department is responsible for administering capital programs related to the Bayham Distribution System infrastructure. This includes collaborating with the Water/Wastewater Operations Manager to plan and prepare for maintenance, rehabilitation and renewal activities and corresponding budgets. The following routine planned maintenance is conducted on the Bayham Distribution System: annual valve inspection/exercising, annual hydrant flushing, annual hydrant inspection, annual pressure testing, leak detection as required, annual inspection of water main chambers, as well as the activities required for maintaining the Vienna Booster station as listed in the preventative maintenance binder at the water department office. Currently the Bayham Distribution System has a work order system on Laserfiche which issues work orders on a weekly, monthly, quarterly or annual basis depending on manufacture recommendations or schedules. Once work orders are completed, they are achieved in Laserfiche and may be reviewed through the secure Laserfiche Weblink. All records are maintained at the water department office in the appropriate binders using the forms maintained in the back of the binder. All records are retained at the water department office. Infrastructure maintenance, rehabilitation and renewal programs used for the operation of the Bayham Distribution System are reviewed annually to determine the effectiveness. Water main or other equipment replacement is conducted on an as-needed basis. Long term forecast of major infrastructure maintenance, rehabilitation and renewal activities as well as consideration of the system risk outcomes are tabulated within the 10 year capital budget process for council`s consideration on an annual basis. The 10 year capital budget process is developed by utilizing trends from past maintenance (planned and unplanned) as well as infrastructure life cycling as set out in the Bayham Asset Management Plan. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 11 16. SAMPLING, TESTING AND MONITORING All sampling, monitoring and testing is conducted at a minimum in accordance with SDWA O. Reg. 170/03. Adverse water quality incidents are responded to and reported as stated in the Operations Manual. Samples are submitted to an accredited and licensed laboratory according to the facility’s sampling schedule as stated in the Bayham Water Distribution System Operations/Management Manual Section 1 – Distribution System Operations and Management. All analytical results from laboratory reports are kept and maintained as per Document and Record Control. Sampling, testing and monitoring results are readily accessible to the owner. As a minimum, owners are provided with an annual summary of sampling, testing and monitoring results through SDWA O.Reg. 170/03 sections 11, schedule 22 and through the Management Review process. Upstream Quarterly Water Quality Reports, Annual Reports and Compliance Reports from the Elgin and Area Water Supply System are available in Section 25 of the Bayham Water Distribution Operations/Management Manual or on the website https://huronelginwater.ca 17. MEASUREMENT AND RECORDING EQUIPMENT CALIBRATION AND MAINTENANCE A contractor will perform a verification/calibration test on the portable chlorine analyzers annually. Verification/calibration records are located in the Bayham Water Distribution System Operations/Management Manual Section 3 – Calibration Reports. The manufacturer calibrates the residential water meters on an “as-needed” basis. The records of calibration are maintained and kept as per Documents and Records Control Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 12 18. EMERGENCY MANAGEMENT The contamination of the treated water supply and a major or prolonged loss of water supply are deemed to be emergency situations. The Risk Assessment chart contained in the QMS Operational Plan (PROCEDURE B) can be referenced, for emergency procedures and contingency plans. The Municipality of Bayham has created an Emergency Response Plan as established under By-law 2006-113. The custodian of this plan shall be the Corporation of the Municipality of Bayham Community Emergency Management Coordinator and Community Emergency Management Program Committee, who are responsible for the annual review, revisions and testing of the plan. A specific water supply emergency plan (PROCEDURE D) forms part of the said Municipal Emergency Response Plan along with contingency plans and Procedural Guideline of Providing Water within the Bayham Distribution System during a Prolonged Outage (Bayham Water Distribution System Operations/Management Manual Section 5). A list of emergency contacts and essential suppliers and services along with OnWARN (Ontario Water/Wastewater Agency Response Network) member contact list are also kept with the emergency plan. Both can also be found in the Bayham Water Distribution System Operations/Management Manual Section 2 – Contact List (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List in the water department office. The QMS Representative will keep the emergency contacts and essential suppliers and services list current. The responsibilities of all affected positions within the municipality during an emergency are listed in the municipal emergency plan as is in the emergency protocol. All water department staff is required to review the emergency plans to coincide with the risk assessment every 3 years through informal and formal review and/or training. Desktop simulations may be planned and documented to keep all water personnel up to date on the emergency procedures. 19. INTERNAL AUDIT See PROCEDURE E Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 13 20. MANAGEMENT REVIEW A management review will be completed annually with the QMS Representative and the Chief Administrating Officer (Top Management) evaluating the adequacy and effectiveness of the QMS. See PROCEDURE F 21. CONTINUAL IMPROVEMENT The Municipality of Bayham shall strive to continually improve the effectiveness of its Quality Management System through the use of corrective actions from the annual audits and management review. Any Corrective Actions, identified during internal or third-party auditors, are documented using the Municipality of Bayham Corrective Action Report, which investigates cause(s) and documenting and reviewing the action(s) taken to correcting and preventing the re-occurrence of the identified non-conformity. This is tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet. Preventative Actions through document change/implementation, OFI’s (internal or third party audits), management review outcomes, emergency response testing outcomes, Element 7 & 8 Risk Assessment outcomes, best management practices review outcomes and/or staff suggestions are documented and tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet. At least once every 36 months, the QMS team will review and consider applicable best management practices pertaining to municipal water distribution. This is documented using the Municipality of Bayham Element 21 Continual Improvement – Best Management Practices Review Form. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 14 APPENDIX A COUNCIL ENDORSEMENT Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 15 APPENDIX B ORGANIZATIONAL AND OPERATIONAL STRUCTURE MAYOR AND COUNCIL (OWNER) CHIEF ADMINISTRATING OFFICER (TOP MANAGEMENT) WATER/WASTEWATER OPERATIONS MANAGER (QMS REPRESENTATIVE) Receives return call assesses and provides direction ACCOUNTING CLERK CERTIFIED OPERATORS Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 16 APPENDIX C PROCESS FLOW CHART Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 17 APPENDIX D OPERATIONAL RESPONSIBILITES AND AUTHORITIES Mayor/Council (Owner) Responsibilities Authorities - Complete oversight of the entire distribution system and the QMS - Ultimate responsibility for the provision of safe drinking water - Ensure compliance with applicable legislation and regulations - Financial, administrative authority related to the distribution of safe drinking water Chief Administrating Officer (Top Management) Responsibilities Authorities - Complete oversight of the entire distribution system - Endorse and lead the development and implementation and maintenance of the QMS - Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively - Ensure the system is operated in accordance with all applicable legislation and regulations - Lead for Management Reviews - Communication with Mayor and Council about QMS and the water distribution system - Communications lead during emergencies - Financial, administrative and technical authority related to the distribution of safe drinking water Water/Wastewater Operations Manager Responsibilities Authorities - Complete oversight of the entire distribution system - Overall Responsible Operator - Quality Management System representative - Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively - Ensure the system is operated in accordance with all applicable legislation and regulations - Lead for management reviews - Communication with mayor and council about the QMS and the water distribution system - Preparation of budget and planning materials - Recommendation of system improvements - Develops procedures and processes for assuring water quality - Emergency response planning, training - Financial, administrative and technical authority related to the distribution safe drinking water to the Municipality of Bayham - Staffing-within the guidelines of the Municipality and any in- force collective agreements - Activity/program scheduling within the department - Oversee adverse water quality incidences and responses - Identify and oversee staff training needs - Make changes to the QMS - Delegate ORO to certified operator in absence Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 18 Accounting Clerk Responsibilities Authorities - Communication/liaison with Operations Manager, operators - Communication of water shut-offs to superintendent or operators due to non-payment of account - Respond to and document public complaints - Prepare reports as required by regulations and circulate to management and council - Generate bi-month water billings - Communication during emergency - Treasurer backup in the absence of accounting clerk - Recommend changes to the QMS - Update and document changes to QMS as required Operators Responsibilities Authorities - Bi-weekly chlorine residual testing - Weekly testing of water system - Regular maintenance - Report any incidents of non-compliance - Respond to repairs directed from operations manager, and accounting clerk - Water shut-offs as directed by accounting clerk - Bi-monthly water meter reads - Knowledge of QMS - Monitor process and equipment -Respond to public complaints as relayed from superintendent, or accounting clerk - Recommend changes to the QMS Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 19 PROCEDURE A DOCUMENT AND RECORD CONTROL QMS Document Control This procedure is applicable to the following QMS documents:  Operational Plan  Procedures  Audit Checklists  Forms  Equipment Manuals  As Built Drawings Creating New or Updating Existing Documents  The need for document changes or for new documents or procedures may be identified through audits or management reviews. The Water/Wastewater Operations Manager will delegate the task of creating the new document  Any employee of the Water Department may request a change to an existing QMS. The request must be made in writing, dated and submitted to the Water/Wastewater Operations Manager. The request must include the following information: 1. Reason for new or changed document - must belong in one or more of these categories:  Required by the DWQMS  Enhances process control  Reduces risk  Supports regulatory requirements  May improve operational efficiency 2. Outline of document change or new document content  Narrative format is acceptable  The requester shall develop the new/changed document and submit it to the Water/Wastewater Operations Manager for approval.  Document changes or the need for new documents or procedures may be identified through audits or management reviews. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 20  The Municipality of Bayham Continual Improvement Tracking Spreadsheet will track the process for verifying documents and document changes for verifying effectiveness of the action taken to avoid re-occurrence or the occurrence of non- conformances.  Electronic versions of the new/changed documents will be created by QMD Team Members and approved by the Water/Wastewater Operations Manager. Approving Documents  All QMS related documents shall be approved by the Water/Wastewater Operations Manager.  The Water/Wastewater Operations Manager shall be responsible for ensuring that copies of the new or changed document show the revision number and date modified and are distributed. Obsolete documents (due to changes) shall be collected and destroyed. Reviewing Documents  The Operational Plan and procedures shall be reviewed annually for applicability and relevance. Document Identification, Storage, Availability and Control  Documents are identified in the Master Document List by the title and revision number/date of the document.  Hard copy of the Master Documents will be kept at the water department office in a file cabinet.  Electronic copy of the Master Documents will be kept on the laptop computer at the water department.  Backup copy of the electronic file of the Master Documents will be saved on the master server at the municipal office. There is a secondary back-up server at the municipal office and four times a day everything is backed to an offsite DATTO Cloud.  All procedures, instructions, forms and checklists are retained in the QMS binders at the water department office.  Original sets of equipment manuals and specifications are kept at the water department office.  As appropriate, copies are kept at the Port Burwell Wastewater Treatment Plant at 1 Chatham Street, Port Burwell.  Logbook specific to the Vienna Booster Pump Station is kept at the Vienna Booster Pump Station. Logbook specific to distribution system is kept at the water department office.  The Municipality of Bayham is currently running the Water/Wastewater Laserfiche Procedure Pilot concurrently with the existing paper (hardcopy) Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 21 and electronic file system until such time as the MOECC approves the functionality of the Laserfiche Platform through the audit and inspection process. As of June 25, 2020, the logbook procedure for Laserfiche has been adapted.  A list of Laserfiche Master Documents is currently being updated.  Currently updating document identification, storage, availability and control through the Laserfiche platform QMS Record Control This procedure is applicable to all records that demonstrate conformance to DWQMS requirements. Ontario Regulations 170/03 and 128/04 cover all records that demonstrate compliance. Manual Records  The record title shall be clearly visible and legible  Manual records shall be legible. Pencil or any other erasable marker shall not be used to record process or product information or data.  QMS records shall be filed by type by date  QMS related water distribution records will be available at the water department office.  QMS records shall be stored in such a manner as to prevent deterioration.  All manual records shall show the name or initials of the recorder and the date (and time if appropriate) the record was generated. Laserfiche Records  Electronic Laserfiche records can be accessed through the Laserfiche portal and sign-in utilizing specific credentials, under Environmental Services. Through this the logbook and document relationships can be view. This allows authorized individuals to see other forms or work orders completed on the system. All linked documents for each day on the system can be seen. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 22 PROCEDURE B RISK ASSESSMENT AND OUTCOMES The QMS team consists of the Water/Wastewater Operations Manager and certified operators. The QMS team will identify the potential hazards and hazardous events, as identified in the Ministry of the Environment, Conservation and Parks document titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems”, dated February 2017 which could affect the water system, the control measures to address the hazards, identify the Critical Control Points (if applicable), control limits and associated methods of monitoring critical limits and responding to deviations. Equipment reliability, accuracy and redundancy are reviewed on an annual basis as stated in Element 17. Hazardous events and hazards are assessed on the basis of likelihood, severity and detectability. The assessment criteria is summarized in the following tables and values were combined to give an overall level of risk as shown. Every year the Water/Wastewater Operations Manager will review the risk assessment and ensure that the information and assumptions remain current and valid. Certified operations staff may take part in the annual review process. Outcomes will be considered as part of the review of infrastructure for the capital budget process. Every 3 years the Water/Wastewater Operations Manager will assemble the QMS team to conduct a re-assessment. The review and re-assessment form for Element #7 & #8 (found in the Master Document List) shall be utilized. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 23 Description Likelihood of Hazardous Event Occurring Rating Rare May occur in exceptional circumstances, and has not occurred in past 1 Unlikely Could occur at some time, historically has occurred less than once every 5-10 years 2 Possible Has occurred or may occur once or more per year 3 Likely Has occurred or may occur on a monthly to quarterly basis 4 Very Likely One or more occurrences on a monthly or more frequent basis 5 Description Severity of Hazardous Event Occurring Rating Insignificant Insignificant impact, little public exposure, little or no health risk 1 Minor Limited public exposure, minor health risk 2 Moderate Minor public exposure, minor health risk 3 Major Large population at risk 4 Catastrophic Major impact for large population, complete failure of systems 5 Description Detectability of Hazardous Event Rating Very Detectable Easy to detect, visual 1 Moderately Detectable Visually detectable (i.e. Flow Rates) 2 Normally Detectable Visually detectable but not on rounds or regular basis 3 Poorly Detectable Visually detectable but not inspected on a regular basis 4 Undetectable Cannot detect 5 Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 24 PROCEDURE B – RISK ASSESSMENT AND OUTCOMES REVISION HISTORY Date Revision # Description of Revision Feb 5, 2022 1.16 Implemented revision history table for Procedure B – Risk Assessment and Outcomes indicating date, operational plan number and description of revision. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 25 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Source Water (supply Elgin Area Water Treatment Plant Contamination of Source Water (e.g. chemical spill) Adverse Water Unable to supply water No control Notification by Elgin Area Treatment Plant – on-line monitoring Notification by operating authority of the Port Burwell Secondary System – on-line monitoring and daily chlorine residuals Monitor residual at furthest sampling points Communication essential with Elgin Area Treatment Plant – depending on levels/demands at other reservoirs and locations Communication essential with the Port Burwell Secondary System – dependent on levels/demands at the tower On-going discussions with Elgin Area Water Treatment Plant operators; see if water quality and/or system chlorine residual has been restored Discuss water quality with Medical Officer of Health (MOH) and Elgin Area Treatment Plant operators (should have been reported Ministry of the Environment, Conservation and Parks (MECP)). Communicate boil water/drinking water advisory if issued by MOH See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 4 1 6 No-Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 26 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Source Water (supply Elgin Area Water Treatment Plant Unable to Supply Water (Water Supply Shortfall) Adverse Water Unable to supply water No control Notification by Elgin Area Treatment Plant – on-line monitoring Notification by operating authority of the Port Burwell Secondary System – on-line monitoring and daily chlorine residuals Monitor residual at furthest sampling points Communication essential with Elgin Area Treatment Plant – depending on levels/demands at other reservoirs and locations Communication essential with the Port Burwell Secondary System – dependent on levels/demands at the tower On-going discussions with Elgin Area Water Treatment Plant operators; see if water quality and/or system chlorine residual has been restored Discuss water quality with Medical Officer of Health (MOH) and Elgin Area Treatment Plant operators (should have been reported Ministry of the Environment, Conservation and Parks (MECP)). Communicate boil water/drinking water advisory if issued by MOH See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 4 1 6 No-Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 27 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Vienna Booster Station Power Loss Adverse Water Loss of Pressure No on-line notification, feedback by consumers complaints, visual checks daily basis Contact secondary operating authority to maintain adequate tower level to maintain pressure in system. Reconfigure distribution system (i.e. open loop), if required See Contingency Plans (Vienna Booster – Power Loss) Section 5 of Operations/Management Manual 3 1 1 5 No Below risk threshold for CCP Vandalism/Terro rism Adverse Water Drive by visual checks every day. Call police and contact MOH and MECP Spill Action Centre, if necessary See Contingency Plans (Vandalism/Terrorism) Section 5 of Operations/Management Manual 1 2 3 6 No No control at this point Failure of booster pump Adverse Water Loss of Pressure No on-line notification, feedback by consumers complaints, visual checks daily basis Contact secondary operating authority to maintain adequate tower level to maintain pressure in system. Reconfigure distribution system (i.e. open loop), if required See Contingency Plans (Vienna Booster – Failure of Booster Pump) Section 5 of Operations/Management Manual 3 1 1 5 No Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 28 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Watermain Break within distribution system causing low pressure/no water Adverse Water Low pressure / back- siphoning Elevated distribution system storage in Port Burwell Secondary Customer complaints; Low pressure or high flows, visual if at ground, no on-line indication/monitoring of flows from tower. V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. May not be aware of fire/break. Looping has improved ability to isolate areas and also maintain flow in event of breaks. Mapping Repair; watermain disinfection procedures per Operations Manual, training. Repair parts etc. Stocked. If necessary issue boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 3 2 2 7 Yes No control of event taking place. CCP are identified with-in the AWQI Contingency Plan. Loss of chlorine residual (secondary disinfection from secondary water system) Adverse Water Legislated under O. Reg. 170/03 Daily residual testing at far end of system, weekly microbiological sampling at locations in town, values are tracked & trended on data spreadsheet Contact secondary operating authority to maintain chlorine residual. Flush the system and resample. Corrective actions required by O. Reg. 170/03. See Contingency Plans (Low Cl2 Residual and AWQI) Section 5 of Operations/Management Manual 1 4 1 6 No Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 29 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Commissioning of new watermain/servic e installation Adverse Water Follow procedures for disinfection of new watermains using AWWA Standard – C605-05. Check chlorine residuals and conduct microbiological testing. Follow corrective action per O.Reg. 170/03. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Commissioning of New Watermain/Service Installation and AWQI) Section 5 of Operations/Management Manual 1 2 1 4 No Below risk threshold for CCP Loss of pressure – watermain break, major fire Adverse Water Low pressure /back- siphoning V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law Check pressure and chlorine residual. Discussion with MOE and MOH if low. If necessary, communicate issuance of boil water advisory after consultation with MOH. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 2 2 5 No Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 30 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Pandemic Events (e.g. COVID-19) Loss of Personnel Coverage Supply Issues Potential for AWQI Discussion of mutual aid with ONWARN and surrounding municipalities at staffing shortage Personal protective equipment (gown, masks, face shields, gloves, hand sanitizer) on hand for operators Stocking up on supplies contacting suppliers on availability Rescheduling of manpower Working remotely Staggered shifts. Physical distancing Individual assignments Health and Safety Policy - Communicable Diseases (June 9, 2020) COVID-19 Workplace Safety Guidelines – October 16, 2020 Comprehensive update Amendments to O. Reg. 128/04 to provided systems with temporary staffing options during an emergency. Inform MOECC SAC as soon as you anticipate difficulties such as inability to collect samples, lack of staffing, supply issues or a break in continuity of operations. 3 2 1 6 No – Below Risk Threshold for CPP – No Control Cyber Attack Loss of access to documents and forms Backup copy of electronic file of master documents saved on master server at municipal office Mitigation is a backup strategy in place. Daily backups are done and then transferred off-site to isolated servers Critical documents and forms ensure sufficient copies on hand to operate a minimum of 72 hours without availability of computer and printer devices 2 1 1 4 No-Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 31 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Backflow from private plumbing (Cross connection) Adverse Water Backflow preventors on all new connections of concern Meters are installed throughout. Backflow preventor required (residential & commercial) through by law Inspect homes/commercial properties in area, install backflow preventor. Isolate area: Flush the system and sample as appropriate. Notify MOH and MECP Spill Action Centre. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Backflow Failure and AWQI) Section 5 of Operations/Management Manual 1 2 3 6 No Below risk threshold for CCP Biofilms Adverse Water Visual inspection of pipe breaks, reduced flow in pipes, inability to maintain chlorine residual Flushing and swabbing. Replacement of old watermains based on material, age, observations. Mapping See Contingency Plans (Biofilm – Taste/Colour/Odour/Other Customer Complaints or Adverse Water and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No Below risk threshold for CCP Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 32 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Long Term Impacts of Climate Change Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 4 1 6 No – Below Risk Threshold for CPP – No Control Extreme Weather Events (e.g., tornado, ice storm) Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 3 1 5 No – Below Risk Threshold for CPP – No Control Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 33 Activity or Process Step Description of Hazard Potential Result of Hazard Comments Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold=7) CCP? Distribution Sustained Extreme Temperatures (e.g., heat wave, deep freeze) Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 2 3 1 6 No – Below Risk Threshold for CPP – No Control Sustained Pressure Loss Adverse Water Low pressure /back- siphoning V001 and E038 Flow monitoring through the checks of the flow meters and graphing through the week. Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law Check pressure and chlorine residual. Discussion with MOE and MOH if low. If necessary, communicate issuance of boil water advisory after consultation with MOH. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 4 1 6 No – Below Risk Threshold for CPP – No Control Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 34 PROCEDURE C PERSONNEL COVERAGE 24/7 REGULAR HOURS AFTER HOURS Call 519-866-5521 or 519-874-4761 Office Staff Call 519-866-5521 Follow Prompts Operations Manager receives assesses provides direction Spectrum Communications pages ORO bumps numbers until answered Staff Makes necessary repairs ORO contacts On-Call Operator. ORO directs staff as required Staff makes necessary repairs Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 35 PROCEDURE D WATER SUPPLY EMERGENCY RESPONSE PLAN AIM: The aim of this plan is to:  Provide a guideline to assist the Municipality in responding to water supply emergency affecting residents, community or infrastructure within the Municipality of Bayham.  Define the roles and responsibilities of municipal staff and departments, and supporting agencies during a water supply emergency. AUTHORITY AND CUSTODIAN: This plan is published as an Annex to the Corporation of the Municipality of Bayham Emergency Response Plan as established under By-law 2006-113, and the Emergency Management and Civil Protection Act, RSO 1990. The Custodian of this plan shall be the Corporation of the Municipality of Bayham Community Emergency Management Coordinator and Community Emergency Management Program Committee, who are responsible for annual review, revisions and testing of the plan. WATER SUPPLY EMERGENCY DEFINITION: A water supply emergency is defined as a situation wherein the lives or property of the Municipality of Bayham and residents of the municipality are threatened by the effects of a water supply emergency from:  Contamination of the treated water supply  A major or prolonged loss of water supply (24 hours or greater) NOTIFICATION AND IMPLEMENTATION: This plan may be implemented in whole or in part, as required, by the Municipality of Bayham  Head of Council  Chief Administrative Officer (CAO)  Water/Wastewater Operations Manager  Community Emergency Management Coordinator (CEMC), or  Municipality of Bayham Community Control Group with or without the declaration of an emergency by the Head of Council. This plan may be activated through the notification of the Head of Council, CAO or CEMC. Upon implementation, all participating departments and agencies will respond in accordance with the guidelines described within this plan. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 36 AGENCY/INDIVIDUAL ROLES & RESPONSIBILITIES: Elgin St. Thomas Health Unit  Issuing a Seek Alternative Source Water Advisory or Boil Water Advisory  Request the activation of the Emergency Operation Centre(s) in the event of an emergency resulting from a major or prolonged water supply event.  Act as lead agency to coordinate the County’s response during a prolonged water supply emergency.  Contact known schools and day care facilities who may be at high risk of severe health impacts due to water supply loss or contamination.  Print and distribute materials on the Seek Alternative Source Water Advisory or Boil Water Advisory.  Provide 24/7 “on call” service to respond to public inquiries regarding water related issues and refer concerned citizens’ calls, as appropriate.  Make necessary logistical arrangements for news conferences, as required. Water/Wastewater Department, Municipality of Bayham  Determine the source of the water supply emergency.  Immediate and ongoing consultation with the Ministry of the Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.  Coordinate the delivery of potable water where vulnerable people are likely to gather, if required.  Coordinate the delivery of potable water to designated pick-up centers, as required.  Once water supply is restored, flushing of the system and the collection of samples for lab analysis until the Seek Alternative Source Water Advisory or Boil Water Advisory is lifted. Fire Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects firefighters’ performing duties.  Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants. Emergency Management Ontario (if necessary)  Provide advice, assistance, and liaison with the EOC Canadian Red Cross (if necessary)  Provide shelter management in times of declared disaster.  Train on recognition of potential illness, first aid and personal disaster assistance training for staff and volunteers of community agencies who serve vulnerable clients. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 37 Human Resources Manager (As Designated)  Register and coordinate volunteer assistance Emergency Information Officer  Coordinate communications with County/Elgin St. Thomas Health Unit of all press releases and information fact sheets issued.  Coordinate local public inquiry messaging for staff.  Develop public education strategies for vulnerable populations within the Municipality. Ontario Works  Liaison with Red Cross for co-ordination of evacuation and emergency shelters . Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 38 NOTIFICATION GUIDELINE: Elgin St. Thomas Public Health  The Medical Officer of Health (or designate) activates a Seek Alternative Source Water Advisory or Boil Water Advisory and provides relevant fact sheets by fax or email to the regional media if an extended alert is anticipated. Municipality of Bayham  The Medical Officer of Health notifies the Mayor or CAO when a Seek Alternative Source Water Advisory or Boil Water Advisory.  The Municipality is responsible for internal notification of its staff and for the notification of their external partnering services.  The Mayor, CAO and CEMC will consult with each other to determine if the Municipality of Bayham Community Control Group (CCG) will assemble to discuss the impacts of the issued Water Supply Emergency Alert.  If the CCG is to be assembled CCG members shall be notified in accordance with the Municipality of Bayham Emergency Response Plan Notification Protocol. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 39 RESPONSE GUIDELINE: When a major or prolonged water supply emergency event is declared by the Warden of Elgin County and/or the Mayor of any municipality in Elgin County, the lead will be the Emergency Community Control Group at Elgin County. The Elgin County Community Control Group will provide direction to municipalities involved in the emergency in accordance with the mandate of the Elgin County CCG. The following guideline shall be followed when water supply conditions pose a threat to municipal infrastructure, property and/or residents.  The Municipality of Bayham CCG will assemble upon request from the Elgin County CCG.  The Municipality of Bayham Emergency Operation Center will be activated upon receiving a request from the Elgin County CCG for assistance or deployment of municipal resources.  Upon activation of the EOC, the CCG will determine the most appropriate method of providing emergency response resources to facilitate effective response pertaining to the request of the Elgin County CCG. In the event the Elgin County CCG requests assistance from the Municipality of Bayham and the Bayham EOC is activated, the roles and responsibilities of municipal departments/representatives will include the following in addition to roles and responsibilities outlined in the Bayham ERP: Emergency Information Officer  Develop and issue emergency evacuation information  Coordinate communications with County of all press releases and information fact sheets issued.  Coordinate local public inquiry messaging for staff.  Develop public education strategies for vulnerable populations within the Municipality. Water/Wastewater Department  Immediate and ongoing consultation with the Ministry of Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.  Coordinate the delivery of potable water where vulnerable people are likely to gather, if required.  Coordinate the delivery of potable water to designated centers, as required.  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Implement/incorporate “Procedural Guideline of Providing Water, Within the Bayham Distribution during a Prolonged Outage” if applicable.  Increase vigilance of how the water supply emergency affect Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 40 water/wastewater employees working outside and performing duties. Fire Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects firefighters’ performing duties.  Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants. Roads Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects road employees working outside and performing duties. Deputy Clerk  Set up of EOC  Coordinate connection of EOC communications (e.g. phones, fax, email, etc.)  Coordinate set up of public inquiry avenues (e.g. website update, phone inquiry messaging) Administrative Support Staff  Registering members of public attending a water pick-up center(s)  Staffing public inquiry phone lines  Updating municipal website information and municipal sign  Monitoring of water pick-up center supplies Clerk  Register and coordinate volunteer assistance  Coordinating volunteers and or municipal employees to staff (supervise) water pick-up center(s) RESOURCES Water Canadian Kool Water – 53104 Vienna Line, Port Burwell, ON – Ph. 519-765-4970 Roses Sandytown Variety – 9292 Plank Road, Straffordville, ON – 519-866-5800 Kohli’s Freshmart – 56302 Heritage Line, Straffordville, ON – 519-866-5505 Fountain Water Products – London, ON – 519-453-7052 GFS Bulk Water Services – Greg – 519 633-1391 Water Pick-Up Facilities Bayham Community Centre, 54164 Heritage Line, Straffordville, ON Straffordville Fire Station, 55264 Third Street, Straffordville, ON Port Burwell Fire Station, 55451 Nova Scotia Line, Port Burwell, ON Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 41 TRAINING AND SUPPLIES Each participating agency is responsible for defining and providing the training required by its own staff in performing its emergency roles at its own cost. All costs and/or damages resulting from a water supply emergency will be forwarded to the Treasurer of the Municipality of Bayham for consideration and resolution. RECOVERY Recovery procedures will be implemented in accordance with the Municipality of Bayham Recovery Plan/Business Continuity which is currently under development. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 42 PROCEDURE E INTERNAL AUDIT Internal audits will be conducted to ensure that the QMS conforms to the requirements of the Municipality of Bayham and of the DWQMS. These requirements include ensuring that the QMS has been effectively implemented and properly maintained. The Municipality of Bayham may, from time-to-time, request that trained auditors from a neighbouring municipality conduct internal audits. In turn, the Municipality of Bayham may provide the same service to other municipalities as the case arises. Audits Conducted by Bayham Auditors  All internal auditors must have successfully completed a recognized 14 hour Internal Auditor workshop Internal Audit Schedule  Internal audits are scheduled throughout the year. The assigned auditor’s name will appear on the schedule.  Internal audits are to be completed at least once every calendar year. Audit Planning  The auditor shall review all related QMS documentation and obtain the current version of the DWQMS checklist prior to the audit, which will include results from the previous internal and external audits. Conducting the Audit  The auditor shall observe activities, review records and interview personnel as necessary to ensure that the status of the audited element of the QMS has been effectively covered. Reporting the Results  The auditor shall submit a completed checklist and report to the QMS Representative.  The report shall include any requirement for corrective actions. Corrective actions shall be communicated to the responsible individual and included as part of Management Review input. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 43 Audits Conducted by Another Municipality Auditors  Outside auditors must provide proof of competency prior to conducting an audit.  Current version of the DWQMS checklist must be used during the audit. Audit Schedule  Audits are to be conducted per the Municipality of Bayham schedule. Planning and Conducting the Audit and Reporting the Results  Audits may be planned and conducted per the procedures of the auditing Municipality. Prior approval by the Water/Wastewater Operations Manager.  Audit results may be reported per the procedures of the auditing municipality as long as the results are documented. Requirements for corrective action must be indicated.  A document management spreadsheet is used to track and document any changes to documents, corrective action report, opportunities for improvement, management review, emergency response testing and internal audit findings and/or actions taken.  Previous internal and external audits to be reviewed prior to the commencement of a new audit. Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 44 PROCEDURE F MANAGEMENT REVIEW This procedure defines the Management Review process to ensure the continuing suitability, adequacy and effectiveness of the QMS. Review Frequency Management Reviews shall be conducted on an annual basis. Review Participants The QMS Representative convenes the management review. Attendees shall include the QMS Representative and the Chief Administrating Office (Top Management). Review Input The QMS Representative shall provide information and data concerning the following categories, for the review:  Incidents of regulatory non-compliance  Incidents of adverse drinking water tests  Deviations from critical control point limits and response actions  Efficacy of the risk assessment process  Results of internal and 3rd party audits  Results of relevant emergency response testing  Operational performance and water quality trends including raw water supply  Follow-up on actions items from previous management reviews  Status of action items (if any) identified between reviews  Changes in resource requirements, infrastructure, process, personnel, Drinking Water Quality Management Standard or regulations that could affect the QMS  Resources needed to maintain the Quality Management System  Operational plan currency, content and updates  Consumer feedback (including consumer complaint reports), and  Staff suggestions Municipality of Bayham – Bayham Water Distribution System Operational Plan – Revision 1.16 05-Feb-22 45 Review Process The Management Review shall be a planned event. An appropriate time shall be set aside by the participants to ensure a thorough review of the QMS is conducted. Each input category shall be reviewed in order to identify if, where and when improvements to the QMS and its procedures are required. The QMS Representative shall make note of any changes or action items required during the course of the review. Review Output A list of changes required to be made to procedures or other QMS based documentation and processes and/or amendments must be made prior to the next annual internal audit. Complete a list of “action” items if applicable. Action items shall identify the individual responsible. A list of recommendation(s) for any human or financial resources may be required to maintain and improve the QMS. The QMS Representative shall maintain minutes of management review. These minutes shall include the date and time of the review activity and the name of participants. The QMS Representative shall review findings to the owner annually. Municipality of Bayham – Richmond Community Drinking Water System Operational Plan Revision 1.9 20-Aug-21 MUNICIPALITY OF BAYHAM Richmond Community Drinking Water System Quality Management System Operational Plan PREPARED BY: MUNICIPALITY OF BAYHAM QUALITY MANAGEMENT SYSTEM TEAM Revision 1.9 August 20, 2021 Municipality of Bayham – Richmond Community Water Supply System 2 Operational Plan Revision 1.9 20-Aug-21 OPERATIONAL PLAN REVISION HISTORY Date Revision # Description of Revision Nov. 09, 2020 1.8 Implemented operational plan revision history table. Eliminated page numbering within the operational plan to reference to Appendices and Procedures. Added the treatment process diagram from SCADA to Appendix C – Process Flow Chart. Included additional information in Element 6 in regards to the drinking water system description. Made Changes to competencies and personnel coverage in regards to the re-classification of the Richmond Community Drinking Water System. Revised Procedure A – Document and Record Control with the ongoing introduction of the Laserfiche system in regards to document identification, storage, availability and control. Addition of pandemic events and cyber-attacks to risk assessment in Elements 7 and 8 and clarification of what constitutes a mandatory critical control point (CCP). Aug. 20, 2021 1.9 Implemented the OP revision number and date on every page of plan. Changed references of MOECC to MECP. Implemented revision history table to Procedure B – Risk Assessment and Outcomes. Added statement to Procedure E regarding internal audit to be completed at least once every calendar year. Revised Procedure A regarding retention requirements and specific document location Added bullet to Element 10 for manager/operator competencies revised. Amended Appendix D to reflect changes to ORO designation Upgraded logo on title page. Updated top management endorsement in Appendix A. Municipality of Bayham – Richmond Community Water Supply System 3 Operational Plan Revision 1.9 20-Aug-21 MUNICIPALITY OF BAYHAM QUALITY MANAGEMENT SYSTEM OPERATIONAL PLAN Table of Contents 1. Quality Management System Pg. 4 2. QMS Policy Pg. 4 3. Commitment and Endorsement Pg. 4 4. QMS Representative Pg. 5 5. Document and Records Control Pg. 5 6. Drinking Water System Pg. 6 7. Risk Assessment Pg. 6 8. Risk Assessment Outcomes Pg. 6 9. Operational Structure, Roles, Responsibilities and Authorities Pg. 7 10. Competencies Pg. 7 11. Personnel Coverage 24/7 Pg. 8 12. Communication Pg. 9 13. Essential Suppliers and Services Pg. 10 14. Review and Provision of Infrastructure Pg. 10 15. Infrastructure Maintenance, Rehabilitation and Renewal Pg. 11 16. Sampling, Testing and Monitoring Pg. 12 17. Measurement and Recording Pg. 12 18 Emergency Management Pg. 13 19. Internal Audit Pg. 14 20. Management Review Pg. 14 21. Continual Improvement Pg. 14 APPENDIX A - Council and Top Management Endorsement Pg. 15 APPENDIX B - Organizational Structure Pg. 16 APPENDIX C - Process Flow Chart Pg. 17 APPENDIX D - Operational Responsibilities and Authorities Pg. 19 Procedure A - Document and Record Control Pg. 21 Procedure B - Risk Assessment and Outcomes Pg. 25 Procedure C - Personnel Coverage 24/7 Pg. 41 Procedure D - Water Supply Emergency Plan Pg. 42 Procedure E - Internal Audit Pg. 49 Procedure F - Management Review Pg. 51 Municipality of Bayham – Richmond Community Water Supply System 4 Operational Plan Revision 1.9 20-Aug-21 1. QUALITY MANAGEMENT SYSTEM This document will be the Quality Management System Operational Plan for the Richmond Community Drinking Water System (DWS # 260074854). The Municipality of Bayham is the owner and operating authority of the said system. The Quality Management System for Richmond covers the wells, treatment and distribution of potable drinking water to consumers within the village of Richmond. 2. QUALITY MANAGEMENT SYSTEM POLICY The Municipality of Bayham and the Richmond Community Water Supply System is committed to comply with applicable regulations set forth by the Safe Drinking Water Act (SWDA) 2002 – Ontario Regulation 170/03 Drinking Water Systems Regulation and Ontario Regulation 169/03 Ontario Drinking Water Quality Standards and other requirements. The Municipality of Bayham will supply clean safe drinking water to meet consumer requirements and is committed to the maintenance and continual improvement of the Quality Management System. (May 2014) This Quality Policy is applicable to all water department employees and is displayed in public areas of the municipal administrative offices located at 56169 Heritage Line, Straffordville, the Port Burwell Wastewater Treatment plant at 1 Chatham Street, Port Burwell, the Richmond Pump house at 9190 Richmond Road, Richmond, and on the municipal website (www.bayham.on.ca). The Quality Management System Policy statement is to be reviewed during the annual management review. 3. COMMITMENT AND ENDORSEMENT The owner (Mayor and Council) has passed a motion to endorse the operational plan of the DWQMS and the plan be reviewed annually with revisions made as necessary to maintain and continually improve the quality management system. Upon major changes to the system, change in top management and/or council, the operational plan requires re-endorsement by the Owner and Top Management. Through water publications, association memberships, ministry newsletters and on-going training requirements, these resources of regulatory requirements help to maintain and improve the quality management system. Any actions undertaken to completion are tracked through the Municipality of Bayham Continual Improvement Tracking Spreadsheet. See Appendix A Municipality of Bayham – Richmond Community Water Supply System 5 Operational Plan Revision 1.9 20-Aug-21 4. QUALITY MANAGEMENT SYSTEM REPRESENTATIVE The Manager of Water/Wastewater Operations will be the QMS representative or in his absence, a Certified Operator. The QMS representative will develop, implement, maintain and report the effectiveness, including the need for improvement of the QMS to the owner and ensure that the current versions of the documents required by the QMS are in use at all times. The representative will promote the QMS throughout the water department and see that personnel are aware of all current legislation and regulatory requirements that are relevant to the operation. 5. DOCUMENT AND RECORDS CONTROL All records required by the Ministry of the Environment, Conservation and Parks O Reg. 128/04 and O. Reg. 170/03 to demonstrate compliance and or conformance shall be maintained per the regulations. In summary, the following documents and records are retained; 2 years - Operational and Maintenance Checks Records, Microbiological Sampling and Testing Results and Corrective Action Reports for Microbiological (AWQI) 5 years – Logbooks 6 years – THM, HAA, Nitrate/Nitrite and Lead Parameter Sample Results and Annual Summary Reports 15 years – Sodium, Fluoride, Inorganic, Organic and Radiological Parameter Sample Results, Corrective Action Reports for Chemical, Radiological, Pesticides and Sodium (AWQI) and Engineering Reports if applicable The operational plans that were the subject of an audit, as required by Section 4.0.1 of the Director’s Directions Minimum Requirements for Operational Plans (July 2007), will be retained for 10 years. The municipality complies with Provincial Records Management through By-Law 2014-091 Records Retention. See Procedure A Municipality of Bayham – Richmond Community Water Supply System 6 Operational Plan Revision 1.9 20-Aug-21 6. DRINKING WATER SYSTEM The Municipality of Bayham is the owner and operating authority of the Richmond Community Drinking Water System (DWS # 260074854). As shown on the organizational structure, the Mayor and Council are the head of the Municipality and the operating responsibility is delegated to the staff. See Appendix B for the organizational structure. The Richmond Community Drinking Water System supplies, treats and distributes potable drinking water to the village of Richmond. The Richmond Community Drinking Water System consists of a Class II Water Treatment subsystem and a Class I Water Distribution subsystem. A system description can be found in the Richmond Community Drinking Water System Operations/Management Manual Section 1 Subsection 3 – Richmond Community Water Supply System Operations and Management Manual. All customers within the Richmond Community Drinking Water System are metered and the meters are read on a bi-monthly basis. There is no discount within our system for larger users. All bills are calculated on a cubic metre rate. Process Diagram and Distribution Map can be found in the Richmond Community Drinking Water System Operations/Management Manual Section 3 – Process Diagram and Distribution Map. All customers within the Richmond Community Drinking Water System pay a rate which is determined on an annual basis. The system is operated in conformance with the approved Municipal Drinking Water Licence Number 061-102 Issue Number 3 and Drinking Water Works Permit Number 061-201 Issue Number 4. See Appendix C 7. & 8. RISK ASSESSMENT AND OUTCOMES See Procedure B Municipality of Bayham – Richmond Community Water Supply System 7 Operational Plan Revision 1.9 20-Aug-21 9. OPERATIONAL STRUCTURE, ROLES, RESPONSIBLITIES AND AUTHORITIES The Manager of Water/Wastewater Operations shall keep the operational structure, organizational structure, respective roles, responsibilities and authorities current, and shall communicate this information to the owner and personnel. (See Municipality of Bayham Essential Supplies, Services and Emergency Contact List in the Richmond Community Drinking Water System Operation/Management Manual Section 6 – Contact List regarding names of persons having top management responsibilities.) See Appendix B See Appendix D 10. COMPETENCIES The following table illustrates the competencies required by personnel whose duties directly affect water quality Function Required Competencies Desired Competencies Manager of Water/Wastewater Operations  Minimum Class I Water Distribution Subsystem certification  Minimum 10 years Class I operation  Development of all capital and regular plans  WHMIS  First Aid (including CPR)  Leadership Training  Confined Space Training Operators  Operator in Training to Class II Water Treatment and Class I Water Distribution Subsystem certification  Internal auditor training  WHMIS  Confined Space Training  First Aid (including CPR  New operator operational plan reviews The Municipality of Bayham Water Department provides for training in their annual budget process. At a minimum the training budget includes funding for legislated and required training to maintain operator certification in accordance with O. Reg. 128/04. Municipality of Bayham – Richmond Community Water Supply System 8 Operational Plan Revision 1.9 20-Aug-21 Training and knowledge gained may take the form of on or off-site training sessions and seminars, on-the-job, distance learning or courses of study. Where appropriate, proof of participation or proficiency will be required as proof of competency. Through internal audits, risk assessments of the operational plan, QMS changes/updates through staff meetings (communications), annual training (On- The-Job and/or Director Approved), personnel are aware of the relevance of their duties and how they affect safe drinking water quality. 11. PERSONNEL COVERAGE The water department is staffed (two operators) from Monday to Friday 8:00 AM to 4:30 PM five days per week. The Manager of Water/Wastewater Operations oversees the operations of the Richmond Community Drinking Water System. The overall responsible operator (ORO) is designated by the Manager of Water/Wastewater Operations, as approved by council, on a weekly basis and is tracked through the water system logbook and timesheets. The Richmond Community Drinking Water System operation is ultimately controlled based upon the demand in the village via pressure discharge measurements. The Municipality’s SCADA system indicates to the WTP’s PLC when treated water is required to be pumped into the distribution system. A series of treatment and process alarms in the alarms system on the SCADA system as described in the Richmond Community Drinking Water System Operations/Management Manual Section 1 Subsection 8 – Unit Operations and Section 4 Design Brief and Control Narrative send out alarms to an on-call operator via alarm dialer. The alarm dialer bumps numbers until either the manager or one of the operators is contacted. The 24/7 personnel coverage procedure (general public alarms) shows how after hours emergencies are handled. Spectrum Communications bumps numbers until either the manager or one of the operators is contacted. See Procedure C An on-call operator is assigned by the Manager of Water/Wastewater Operations on a weekly basis to respond to after-hour and weekend emergencies. When on-call the operator is required to remain within one hour driving time of the municipal water system. The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Richmond Community Drinking Water Municipality of Bayham – Richmond Community Water Supply System 9 Operational Plan Revision 1.9 20-Aug-21 System Operations/Management Manual Section 6 – Contact List and Forms. If the municipality requires assistance in recovering from and responding to emergencies, the CAO and Treasurer have access to the OnWARN list and the authority to request for external Operator assistance. The municipality is committed to ensuring that adequate staff meet the required competencies are available for duties that affect drinking water quality. An emergency order can be issued for the Richmond Community Drinking Water System through Ontario Regulation 75/20 – Emergency Management and Civil Protection Act if there is inadequate personnel coverage due to the pandemic events from the COVID-19 outbreak. The regulation outlines the conditions under which non-certified/non-licensed staff can be used and/or redeployed with record-keeping requirements, and OIC/ORO responsibilities and duties can be assigned. The MECP’s SAC (Spills Action Centre) must be informed as soon as anticipated difficulties such as inability to collect samples, lack of staffing resources, supply issues or a break in continuity of operations. 12. COMMUNICATION The QMS representative shall ensure the owner (Mayor and Council) is provided with a current copy of the Operational Plan. The QMS representative shall keep the owner informed of any changes to the QMS, the adequacy of infrastructure requirements, the outcome of management reviews and other issues related to the QMS on an annual basis. Personnel will be informed of the QMS and of any changes or updates through staff meetings with the QMS representative. A current version of the Operational Plan is available for review by staff at the water department office and at the municipal office. Essential suppliers shall receive information regarding the QMS from the purchaser if and when necessary. Water works suppliers will be advised of Municipal Standards via e-mails to ensure material standards. Consumers may be informed of the QMS and any significant changes by newsletters and flyers or handouts. The QMS policy will be posted at the water department office and at the municipal office. It can be also viewed on the municipal website. Municipality of Bayham – Richmond Community Water Supply System 10 Operational Plan Revision 1.9 20-Aug-21 13. ESSENTIAL SUPPLIERS AND SERVICES Where applicable, supplies must meet or be equal to AWWA, NSF or ANSI specifications. Supplies are verified against the order requisition when received. Laboratory analysis services provided require accreditation through CALA (Canadian Association For Laboratory Accreditation Inc.). Accreditation certificate copies and a list of licensed laboratories available from the Ministry of the Environment, Conservation and Parks can be found in the Richmond Community Water Supply System Operations/Management Manual Section 7 – Sampling Practices and Lab Accreditation. Verification/Calibration of measurement and recording equipment (i.e. portable chlorine analyzers) services provided, a copy of the Statement of Qualifications/Accreditations is located in the Richmond Community Water Supply System Operations/Management Manual Section 15 – Calibration Reports. A list of suppliers and contractors has been developed and can be found in the Richmond Community Drinking Water System Operations/Management Manual Section 6 – Contact List and Forms (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List) in the water department office. This list is reviewed annually by the Water/Wastewater Operations Manager to ensure that it is current and up-to-date. The Municipality of Bayham is a member of OnWARN (Ontario Water/Wastewater Agency Response Network). OnWARN is a network of utilities helping other utilities to respond to and recover from emergencies. The OnWARN contact list can be found in the Richmond Community Water System Operations/Management Manual Section 6 – Contact List and Forms. Only authorized municipal employees can purchase or engage service providers as listed as set out in By-Law 2012-122 Procurement Policy. 14. REVIEW AND PROVISION OF INFRASTRUCTURE The Municipality of Bayham will review infrastructure used for the operation and maintenance of the Richmond Community Drinking Water System on an annual basis. The Water/Wastewater Operations Manager completes the review with input from staff as needed. The adequacy of the infrastructure to operate and maintain the distribution system may be assessed based on performance measures (water quality trends), engineering consultant reports if applicable , Ministry of Environment, Conservation and Parks (MECP) reports and orders if applicable, risk Municipality of Bayham – Richmond Community Water Supply System 11 Operational Plan Revision 1.9 20-Aug-21 assessment outcomes and input from operators/public (water department staff suggestions and consumer complaints. Upon the completion of the infrastructure review, the Water/Wastewater Operations Manager will prepare a budget report that summarizes findings based on the review and outlines the infrastructure needs. These needs are to be organized into two categories: operations/maintenance and capital. This report is presented for council`s consideration during annual budget deliberations. The Review and Provision of Infrastructure Checklist Form (found within the Master Document List) will be utilized during the review process. 15. INFRASTRUCTURE MAINTENANCE, REHABILITATION AND RENEWAL Water/Wastewater staff of the Richmond Community Drinking Water System carries out the infrastructure maintenance, rehabilitation and renewal programs for the distribution system. These programs are influenced by the following; - Manufacturer guidelines - Equipment manuals - Operations/ maintenance manual - Incoming customer service calls - Operator input based on daily rounds and - Yearly budgets and reports The Water/Wastewater department is responsible for administering capital programs related to the Richmond Community Drinking Water System infrastructure. This includes collaborating with the Water/Wastewater Operations Manager to plan and prepare for maintenance, rehabilitation and renewal activities and corresponding budgets. The following routine planned maintenance is conducted on the Richmond Community Drinking Water System: annual valve inspection/exercising, annual blow-off flushing, annual blow-off inspection, annual pressure testing, leak detection as required, as well as the activities required for maintaining the pump house as listed in the preventative maintenance binder at the water department office. Currently Richmond has a work order system on Laserfiche which issues work orders on a weekly, monthly, quarterly or annual basis depending on manufacture recommendations or schedules. Once work orders are completed, they are achieved in Laserfiche and may be reviewed through the secure Laserfiche Weblink. All hard copy records are maintained at the water department office in the appropriate binders using the forms maintained in the back of the binder. All records are retained at the water department office. Infrastructure maintenance, rehabilitation and renewal programs used for the operation of the Richmond Community Drinking Water System are reviewed periodically to determine the effectiveness. Municipality of Bayham – Richmond Community Water Supply System 12 Operational Plan Revision 1.9 20-Aug-21 Water main or other equipment replacement is conducted on an as-needed basis. Long term forecast of major infrastructure maintenance, rehabilitation and renewal activities as well as consideration of the system risk outcomes are tabulated within the 10 year capital budget process for council`s consideration on an annual basis. The 10 year capital budget process is developed by utilizing trends from past maintenance (planned and unplanned) as well as infrastructure life cycling as set out in the Bayham Asset Management Plan. 16. SAMPLING, TESTING AND MONITORING All sampling, monitoring and testing is conducted at a minimum in accordance with SDWA O. Reg. 170/03. Adverse water quality incidents are responded to and reported as stated in the Operations Manual. Samples are submitted to an accredited and licensed laboratory according to the facility’s sampling schedule as stated in the Richmond Community Drinking Water System Operations/Management Manual Section 7 – Sampling Practices and Lab Accreditation. All analytical results from laboratory reports are kept and maintained as per Document and Record Control. Sampling, testing and monitoring results are readily accessible to the owner. As a minimum, owners are provided with an annual summary of sampling, testing and monitoring results through SDWA O.Reg. 170/03 sections 11, schedule 22 and through the Management Review process. Sampling schedule and monitoring and control can be found in the Richmond Community Drinking Water System Operations/Management Manual Section 6 – Richmond Community Drinking Water System Operations and Management Manual. 17. MEASUREMENT AND RECORDING EQUIPMENT CALIBRATION AND MAINTENANCE A contractor will perform a verification/calibration test on the portable hand–held chlorine, and turbidity analyzers annually. Verification/calibration records are located in the Richmond Community Drinking Water System Forms and Reports Section 3 – Calibration Reports. . The continuous on-line chlorine and turbidity analyzers are recommended to be checked regularly to ensure accuracy. This is accomplished through the Municipality of Bayham – Richmond Community Water Supply System 13 Operational Plan Revision 1.9 20-Aug-21 comparison with the portable hand-held and calibrated units. The continuous on- line analyzers are calibrated following manufacturer’s manuals and recommendations. A contractor will perform calibration on the raw well and treated flow meters on an annual basis. The records of calibration are maintained and kept as per Documents and Records Control. 18. EMERGENCY MANAGEMENT The contamination of the treated water supply and a major or prolonged loss of water supply are deemed to be emergency situations. The Risk Assessment chart contained in the QMS Operational Plan (PROCEDURE B) can be referenced, for emergency procedures and contingency plans. The Municipality of Bayham has created an Emergency Response Plan as established under By-law 2006-113. The custodian of this plan shall be the Corporation of the Municipality of Bayham Community Emergency Management Coordinator and Community Emergency Management Program Committee, who are responsible for the annual review, revisions and testing of the plan. A specific water supply emergency plan (PROCEDURE D) forms part of the said Municipal Emergency Response Plan along with contingency plans and Procedural Guideline of Providing Water within the Richmond Community Drinking Water System during a Prolonged Outage (Richmond Community Drinking Water System Operations/Management Manual Section 5). A list of emergency contacts and essential suppliers and services along with OnWARN (Ontario Water/Wastewater Agency Response Network) member contact list are found in the Richmond Community Drinking Water System Operations/Management Manual Section 6 – Contact List and Forms (Municipality of Bayham Water Department Essential Supplies, Service and Emergency Contact List) in the water department office. The QMS Representative will keep the emergency contacts and essential suppliers and services list current. The responsibilities of all affected positions within the municipality during an emergency are listed in the municipal emergency plan as is in the emergency protocol. All water department staff is required to review the emergency plans to coincide with the risk assessment every 3 years through informal or formal review and/or training. Desktop simulations may be planned and documented during review of emergency plans to keep all water personnel up to date on the emergency procedures. Municipality of Bayham – Richmond Community Water Supply System 14 Operational Plan Revision 1.9 20-Aug-21 19. INTERNAL AUDIT See PROCEDURE E 20. MANAGEMENT REVIEW A management review will be completed annually with the QMS Representative and the Chief Administrating Officer (Top Management) evaluating the adequacy and effectiveness of the QMS. See PROCEDURE F 21. CONTINUAL IMPROVEMENT The Municipality of Bayham shall strive to continually improve the effectiveness of its Quality Management System through the use of corrective actions from the annual audits and management review. Any Corrective Actions, identified during internal or third-party auditors, are documented using the Municipality of Bayham Corrective Action Report, which investigates cause(s) and documenting and reviewing the action(s) taken to correcting and preventing the re-occurrence of the identified non-conformity. This is tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet. Preventative Actions through document change/implementation, OFI’s (internal or third party audits), management review outcomes, emergency response testing outcomes, Element 7 & 8 Risk Assessment outcomes, best management practices review outcomes and/or staff suggestions are documented and tracked through the use of the Municipality of Bayham Continual Improvement Tracking Spreadsheet. At least once every 36 months, the QMS team will review and consider applicable best management practices pertaining to municipal water distribution. This is documented using the Municipality of Bayham Element 21 Continual Improvement – Best Management Practices Review Form. Municipality of Bayham – Richmond Community Water Supply System 15 Operational Plan Revision 1.9 20-Aug-21 APPENDIX A COUNCIL ENDORSEMENT Municipality of Bayham – Richmond Community Water Supply System 16 Operational Plan Revision 1.9 20-Aug-21 APPENDIX B ORGANIZATIONAL STRUCTURE MAYOR AND COUNCIL (OWNER) CHIEF ADMINISTRATING OFFICER (TOP MANAGEMENT) MANAGER OF WATER/WASTEWATER OPERATIONS (QMS REPRESENTATIVE) Receives return call assess and provides direction ACCOUNTING CLERK CERTIFIED OPERATORS Municipality of Bayham – Richmond Community Water Supply System 17 Operational Plan Revision 1.9 20-Aug-21 APPENDIX C PROCESS FLOW CHART Municipality of Bayham – Richmond Community Water Supply System 18 Operational Plan Revision 1.9 20-Aug-21 Richmond Community Drinking Water Distribution System Municipality of Bayham – Richmond Community Water Supply System 19 Operational Plan Revision 1.9 20-Aug-21 APPENDIX D OPERATIONAL RESPONSIBILITES AND AUTHORITIES Mayor/Council (Owner) Responsibilities Authorities - Complete oversight of the entire treatment and distribution system and the QMS - Ultimate responsibility for the provision of safe drinking water - Ensure compliance with applicable legislation and regulations - Financial, administrative authority related to the treatment and distribution of safe drinking water Chief Administrating Officer (Top Management) Responsibilities Authorities - Complete oversight of the entire treatment and distribution system - Endorse and lead the development and implementation and maintenance of the QMS - Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively - Ensure the system is operated in accordance with all applicable legislation and regulations - Lead for Management Reviews - Communication with Mayor and Council about QMS and the water distribution system - Communications lead during emergencies - Financial, administrative and technical authority related to the treatment and distribution of safe drinking water Manager of Water/Wastewater Operations Responsibilities Authorities - Complete oversight of the entire treatment and distribution system - Quality Management System representative - Provide and/or obtain resources for the QMS and necessary infrastructure and resources to operate and maintain the drinking water system safely and effectively - Ensure the system is operated in accordance with all applicable legislation and regulations - Lead for management reviews - Communication with mayor and council about the QMS and the water distribution system - Preparation of budget and planning materials - Recommendation of system improvements - Develops procedures and processes for assuring water quality - Emergency response planning, training - Financial, administrative and technical authority related to the treatment and distribution safe drinking water to the Municipality of Bayham - Staffing-within the guidelines of the Municipality and any in-force collective agreements - Activity/program scheduling within the department - Oversee adverse water quality incidences and responses - Identify and oversee staff training needs - Make changes to the QMS - Delegate ORO to certified operator Municipality of Bayham – Richmond Community Water Supply System 20 Operational Plan Revision 1.9 20-Aug-21 Accounting Clerk Responsibilities Authorities - Communication/liaison with Manager of Water/Wastewater Operations, operators - Communication of water shut-offs to operations manager or operators due to non-payment of account - Respond to and document public complaints - Prepare reports as required by regulations and circulate to management and council - Generate bi-month water billings - Communication during emergency - Treasurer backup in the absence of accounting clerk - Recommend changes to the QMS - Update and document changes to QMS as required Operators Responsibilities Authorities - Chlorine residual testing - Weekly pump-house checks (2-3 times per week) - Reviewing and sign-off of daily summary sheets - Weekly sample collection of water system - Regular maintenance - Report any incidents of non-compliance - Respond to repairs directed from manager and accounting clerk - Water shut-offs as directed by accounting clerk - Perform ORO duties as delegated by manager (assigned operator) - Monitor process and equipment - Respond to public complaints as relayed from superintendent, or accounting clerk - Recommend changes to the QMS Municipality of Bayham – Richmond Community Water Supply System 21 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE A DOCUMENT AND RECORD CONTROL QMS Document Control This procedure is applicable to the following QMS documents:  Operational Plan  Procedures  Audit Checklists  Forms  Equipment Manuals  As Built Drawings Creating New or Updating Existing Documents  The need for document changes or for new documents or procedures may be identified through audits or management reviews. The Manager of Water/Wastewater Operations will delegate the task of creating the new document  Any employee of the Water Department may request a change to an existing QMS. The request must be made in writing, dated and submitted to the Manager of Water/Wastewater Operations. The request must include the following information: 1. Reason for new or changed document - must belong in one or more of these categories:  Required by the DWQMS  Enhances process control  Reduces risk  Supports regulatory requirements  May improve operational efficiency 2. Outline of document change or new document content  Narrative format is acceptable  The requester shall develop the new/changed document and submit it to the Manager of Water/Wastewater Operations for approval.  Document changes or the need for new documents or procedures may be identified through audits or management reviews. Municipality of Bayham – Richmond Community Water Supply System 22 Operational Plan Revision 1.9 20-Aug-21  The Municipality of Bayham Continual Improvement Tracking Spreadsheet will track the process for verifying documents and document changes for verifying effectiveness of the action taken to avoid re-occurrence or the occurrence of non- conformances.  Electronic versions of the new/changed documents will be created by the QMS Team Members and approved by the Manager of Water/Wastewater Operations. Approving Documents  All QMS related documents shall be approved by the Manager of Water/Wastewater Operations.  The Manager of Water/Wastewater Operations shall be responsible for ensuring that copies of the new or changed document show the revision number and date modified and are distributed. Obsolete documents (due to changes) shall be collected and destroyed. Reviewing Documents  The Operational Plan and procedures shall be reviewed annually for applicability and relevance. Document Identification, Storage, Availability and Control  Documents are identified in the Master Document List by the title and revision number/date of the document.  Hard copy of the Master Documents will be kept at the water department office in a file cabinet.  Electronic copy of the Master Documents can be accessed through the laptop computer at the water department by accessing the appropriate server.  Backup copy of the electronic file of the Master Documents will be saved on the master server at the municipal office. There is a secondary back-up server at the municipal office and four times a day everything is backed to an offsite DATTO Cloud.  All procedures, instructions, forms and checklists are retained in the QMS binders at the water department office.  Original sets of equipment manuals and specifications are kept at the water department office.  As appropriate, copies are kept at the Richmond Pump House.  Electronic copies of completed Master Document forms, checklists and/or QMS documentation shall not be stored on the desktop file of the laptop computer at the water department. Municipality of Bayham – Richmond Community Water Supply System 23 Operational Plan Revision 1.9 20-Aug-21  The Municipality of Bayham is currently running the Water/Wastewater Laserfiche Procedure Pilot concurrently with the existing paper (hardcopy) and electronic file system until such time as the MECP approves the functionality of the Laserfiche Platform through the audit and inspection process. As of June 25, 2020, the logbook procedure for Laserfiche has been adapted.  A list of Laserfiche Master Documents is currently being updated.  Currently updating document identification, storage, availability and control through the Laserfiche platform  Laserfiche document forms and completed forms can be accessed through the Municipality of Bayham’s Laserfiche Weblink. Anyone wishing to view completed forms (i.e. MECP), will be given “View” privileges so there is no risk of modification of any documents, through the Laserfiche Portal.  The operational plans that were the subject of an audit, as required by Section 4.0.1 of the Director’s Directions Minimum Requirements for Operational Plans (July 2007), will be retained for 10 years.  All hard copy, electronic or Laserfiche documents and records received is reviewed, acted upon if needed, filed in appropriate locations and retained for five years. The municipality complies with Provincial Records Management through By-Law 2014-091 Records Retention. QMS Record Control This procedure is applicable to all records that demonstrate conformance to DWQMS requirements. Ontario Regulations 170/03 and 128/04 cover all records that demonstrate compliance. Manual Records  The record title shall be clearly visible and legible  Manual records shall be legible. Pencil or any other erasable marker shall not be used to record process or product information or data.  QMS records shall be filed by type by date  QMS related water distribution records will be available at the water department office.  QMS records shall be stored in such a manner as to prevent deterioration.  All manual records shall show the name or initials of the recorder and the date (and time if appropriate) the record was generated. Municipality of Bayham – Richmond Community Water Supply System 24 Operational Plan Revision 1.9 20-Aug-21 Laserfiche Records  Electronic Laserfiche records can be accessed through the Laserfiche portal and sign-in utilizing specific credentials, under Environmental Services. Through this the logbook and document relationships can be view. This allows authorized individuals to see other forms or work orders completed on the system. All linked documents for each day on the system can be seen. Municipality of Bayham – Richmond Community Water Supply System 25 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE B RISK ASSESSMENT AND OUTCOMES The QMS team consists of the Water/Wastewater Operations Manager and certified operators. The QMS team will identify the potential hazards and hazardous events, as identified in the Ministry of the Environment, Conservation and Parks document titled “Potential Hazardous Events for Municipal Residential Drinking Water Systems”, dated February 2017 which could affect the water system, the control measures to address the hazards, identify the Critical Control Points (if applicable), control limits and associated methods of monitoring critical limits and responding to deviations. Equipment reliability, accuracy, and redundancy are all reviewed on an annual basis as stated in Element 17 (pg. 9). Hazardous events and hazards are assessed on the basis of likelihood, severity and detectability. The assessment criteria are summarized in the following tables and values were combined to give an overall level of risk as shown. To ensure that potential drinking water health hazards are addressed and minimum treatment requirement as regulated by the Safe Drinking Water Act O. Reg. 170/03 and the Procedure for Disinfection of Drinking Water in Ontario are met, QMS team has established mandatory Critical Control Points (CCP’s). As a minimum, the following must be included as CCP’s :  Processes necessary to achieve the required log removal or inactivation of pathogens (i.e., chemical and /or UV disinfection system, filtration process for GUDI systems)  Processes necessary for maintaining a disinfectant residual in the distribution system Identified the above processes as mandatory CCP’s in Table 2. Every year the Water/Wastewater Operations Manager will review the risk assessment and ensure that the information and assumptions remain current and valid. Certified operations staff may take part in the annual review process. Outcomes will be considered as part of the review of infrastructure for the capital budget process. Every 3 years the Water/Wastewater Operations Manager will assemble the QMS team to conduct a re-assessment. The review and re-assessment form for Element #7 & #8 (found in the Master Document List) shall be utilized. Municipality of Bayham – Richmond Community Water Supply System 26 Operational Plan Revision 1.9 20-Aug-21 Description Likelihood of Hazardous Event Occurring Rating Rare May occur in exceptional circumstances, and has not occurred in past 1 Unlikely Could occur at some time, historically has occurred less than once every 5-10 years 2 Possible Has occurred or may occur once or more per year 3 Likely Has occurred or may occur on a monthly to quarterly basis 4 Very Likely One or more occurrences on a monthly or more frequent basis 5 Description Severity of Hazardous Event Occurring Rating Insignificant Insignificant impact, little public exposure, little or no health risk 1 Minor Limited public exposure, minor health risk 2 Moderate Minor public exposure, minor health risk 3 Major Large population at risk 4 Catastrophic Major impact for large population, complete failure of systems 5 Description Detectability of Hazardous Event Rating Very Detectable Easy to detect, visual 1 Moderately Detectable Visually detectable (i.e. Flow Rates) 2 Normally Detectable Visually detectable but not on rounds or regular basis 3 Poorly Detectable Visually detectable but not inspected on a regular basis 4 Undetectable Cannot detect 5 Municipality of Bayham – Richmond Community Water Supply System 27 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE B – RISK ASSESSMENT AND OUTCOMES REVISION HISTORY Date Revision # Description of Revision Aug. 20, 2021 1.9 Implemented revision history table for Procedure B – Risk Assessment and Outcomes indicating date, operational plan number and description of revision. Changed scoring for Contamination of Sources Water/Change to Raw Water Characteristics after annual Element # 7&8 Review. No longer a CCP. Municipality of Bayham – Richmond Community Water Supply System 28 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Raw Water/Well Well Casing Collapse Loss of Raw Water Alternate Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual 1 1 5 7 No- Below risk threshold for CCP No control Well Pump Failure Loss of Raw Water On-line monitoring with alarms (SCADA) Spare pump available on site Alternative Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual 2 3 1 6 No-Below risk threshold for CCP Contamination of Source Water/Change to Raw Water Characteristics (e.g. chemical spill) Adverse Water Monitor and sample Municipality to supply an alternate source of drinking water Source Water Protection Plan See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual 1 4 1 6 No-Below risk threshold for CCP Municipality of Bayham – Richmond Community Water Supply System 29 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Unable To Supply Water/Wells Overdrawn (Water Supply Shortfall) Loss or reduction of raw water Alternate Well Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water Routine well level check Routine sampling of well See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual 2 3 1 6 No-Below risk threshold for CCP Primary Disinfection Chemical feed pump failure Loss of disinfection Low chlorine residual Inadequate inactivation of pathogens Potential for AWQI On-line monitoring with alarms (SCADA) Back-up chemical feed pumps with auto switchover (redundancy) In-house residual testing and dosage calculation (CT) Schedule maintenance activities See Contingency Plans (Chemical Feed Pump Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual Yes – Mandatory CCP Analyzer Failure Unknown chlorine residual levels Potential for AWQI On-line monitoring with alarms (SCADA) In-house residual testing and dosage calculation (CT) Schedule maintenance activities See Contingency Plans (Chlorine Analyzer Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual Municipality of Bayham – Richmond Community Water Supply System 30 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Low Supply of Sodium Hypochlorite Inadequate disinfection Potential for AWQI On-line monitoring with alarms (SCADA) In-house residual testing and dosage calculation (CT) Chemical availability See Contingency Plans ( Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual Yes – Mandatory CCP UV unit failure Loss of treated water supply Loss of pressure Inadequate disinfection Potential for AWQI Redundancy (4 UV Units) Operational control (automatic and manual valves) On-line monitoring with alarms (SCADA) Schedule maintenance activities See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual Storage (Holding) Tanks Low Level Inadequate CT for primary disinfection Inadequate treated water supply Low level alarms on-line monitoring (SCADA) Schedule maintenance activities Public Advisory –water ban or restriction See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual Yes – Mandatory CCP Level Indicator Failure (Milltronics) Inadequate CT for primary disinfection Inadequate treated water supply On-line monitoring with alarms (SCADA) Schedule maintenance activities Public Advisory –water ban or restriction See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water and AWQI) Section 5 of Operations/Management Manual Municipality of Bayham – Richmond Community Water Supply System 31 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? High Lift Pumps High lift pump failures Loss of treated water supply Loss of pressure Redundancy (3 HL pumps) On-line monitoring with alarms (SCADA) Schedule maintenance activities Operational control See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure) Section 5 of Operations/Management Manual 1 3 1 5 No- Below risk threshold for CCP No control Water Treatment System Power Loss Loss of treated water supply Loss of pressure On-line monitoring with alarms (SCADA). Back-up power generator on-site. Schedule maintenance Activities Operational checks See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Power Failure and Loss of Pressure) Section 5 of Operations/Management Manual 4 1 1 6 No- Below risk threshold for CCP No control Vandalism/Terro rism Contamination of the water supply Damage to critical equipment Locked (well site and pump house) On-line intrusion monitoring with alarms (SCADA) Regular visits by personnel Call police and contact MOH and MECP Spill Action Centre, if necessary See Contingency Plans (Vandalism/Terrorism) Section 5 of Operations/Management Manual 1 2 3 6 No- Below risk threshold for CCP No control Municipality of Bayham – Richmond Community Water Supply System 32 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Turbidity Analyzers Turbidity analyzer failure Loss of treated water supply Loss of pressure Potential for AWQI Redundancy (2 filter trains and turbidity analyzers) Operational control On-line monitoring with alarms (SCADA) Schedule maintenance activities See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual Yes – Mandatory CCP Monitoring Equipment PLC Failure Loss of treated water supply Loss of pressure Potential for AWQI On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No-Below risk threshold for CCP Municipality of Bayham – Richmond Community Water Supply System 33 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Cyber Attack Loss of system monitoring and/or data loss Loss of treated water supply Loss of access to documents and forms Potential for AWQI On-line monitoring with alarms (SCADA) SCADA computer is a stand - alone unit separate from the municipal server only accessed through a VPN network connection Critical documents and forms ensure sufficient copies on hand to operate a minimum of 72 hours without availability of computer and printer devices See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No-Below risk threshold for CCP SCADA Failure Loss of system monitoring and/or data loss Loss of treated water supply Loss of pressure Potential for AWQI On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No-Below risk threshold for CCP Municipality of Bayham – Richmond Community Water Supply System 34 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Alarm Dialer Failure Loss of call-out to operator of potential alarms Loss of treated water supply Loss of pressure Potential for AWQI On-line monitoring with alarms (SCADA) Manual override of the operation of wells (Milltronics) High lift pumps operation on local control panel Chlorine chemical feed pumps operation through PID Controller Operational checks See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, Monitoring Equipment Failure, Loss of Pressure and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No-Below risk threshold for CCP Secondary Disinfection Chemical feed pump failure Loss of disinfection Low chlorine residual Inadequate inactivation of pathogens Potential for AWQI On-line monitoring with alarms (SCADA) Back-up chemical feed pumps with auto switchover (redundancy) In-house residual testing Schedule maintenance activities See Contingency Plans (Chemical Feed Pump Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual Yes – Mandatory CCP Analyzer Failure Unknown chlorine residual levels Potential for AWQI On-line monitoring with alarms (SCADA) In-house residual testing Schedule maintenance activities See Contingency Plans (Chlorine Analyzer Failure, Low Chlorine Residual and AWQI) Section 5 of Operations/Management Manual Municipality of Bayham – Richmond Community Water Supply System 35 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Low Supply of Sodium Hypochlorite Inadequate disinfection Potential for AWQI On-line monitoring with alarms (SCADA) In-house residual testing Chemical availability See Contingency Plans (AWQI) Section 5 of Operations/Management Manual Distribution Waterman Break within distribution system causing low pressure/no water Adverse Water Low pressure / back-siphoning Customer complaints; Low pressure or high flows, visual if at ground On-line indication/monitoring of flows from SCADA May not be aware of break. Follow procedures for disinfection of water mains using AWWA Standard – C651-05 Mapping Repair; water main disinfection procedures per Operations Manual, training. Repair parts etc. Stocked. If necessary issue boil water advisory after consultation with MOH. See Contingency Plans (Main Break, Low Pressure and AWQI) Section 5 of Operations/Management Manual 3 2 2 7 No-Below risk threshold for CCP Loss of chlorine residual in distribution system Adverse Water Daily residual testing at far end of system, weekly microbiological sampling at locations in town, values are tracked & trended on data spreadsheet Flush the system and resample. Corrective actions required by O. Reg. 170/03. See Contingency Plans (Low Cl2 Residual and AWQI) Section 5 of Operations/Management Manual 1 4 1 6 No-Below risk threshold for CCP Municipality of Bayham – Richmond Community Water Supply System 36 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Commissioning of new water main/service installation Adverse Water Follow procedures for disinfection of new water mains using AWWA Standard – C605-05. Check chlorine residuals and conduct microbiological testing. Follow corrective action per O.Reg. 170/03. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Contamination of Commissioning of New Water main/Service Installation and AWQI) Section 5 of Operations/Management Manual 1 2 1 4 No-Below risk threshold for CCP Backflow from private plumbing (Cross connection) Contamination Design standards during upgrades Isolate area: Flush the system and sample as appropriate. Notify MOH and MECP Spill Action Centre. If necessary, communicate issuance of boil water advisory after consultation with MOH. See Contingency Plans (Backflow Failure and AWQI) Section 5 of Operations/Management Manual 1 2 3 6 No-Below risk threshold for CCP Municipality of Bayham – Richmond Community Water Supply System 37 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Sustained Loss of Pressure Adverse Water Low pressure /back-siphoning Water hammer, consumer complaints. Backflow contamination prevented by 2” double check valves on all connections of concerns. Backflow preventor required (residential & commercial) through by law Check pressure and chlorine residual. Restore pressure and chlorine residual. Conduct sampling per MOH and MECP direction. See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 1 4 1 6 No – Below Risk Threshold for CPP – No Control Biofilms Adverse Water Visual inspection of pipe breaks, reduced flow in pipes, inability to maintain chlorine residual Flushing and swabbing. Replacement of old water mains based on material, age, observations. Mapping See Contingency Plans (Biofilm – Taste/Colour/Odour/Other Customer Complaints or Adverse Water and AWQI) Section 5 of Operations/Management Manual 2 2 1 5 No-Below risk threshold for CCP Long Term Impacts of Climate Change Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plant 1 4 1 6 No – Below Risk Threshold for CPP – No Control Municipality of Bayham – Richmond Community Water Supply System 38 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Extreme Weather Events (e.g., tornado, ice storm) Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plant 1 3 1 5 No – Below Risk Threshold for CPP – No Control Sustained Extreme Temperatures (e.g., heat wave, deep freeze) Adverse Water Loss or reduction of source water Potential for AWQI Schedule maintenance Activities Operational checks Public Advisory –water ban or restriction Municipality to supply an alternate source of drinking water See Contingency Plans (Contamination of Source Water and/or Unable to Supply Water, AWQI and Procedural Guideline During A Prolonged Outage) Section 5 of O/M Manual. Water Supply Emergency Response Plan – Procedure D QMS Operational Plan 2 3 1 6 No – Below Risk Threshold for CPP – No Control Municipality of Bayham – Richmond Community Water Supply System 39 Operational Plan Revision 1.9 20-Aug-21 Table 1: Risk Assessment Table for the Richmond Community Drinking Water System Activity or Process Step Description of Hazard Potential Result of Hazard Available Monitoring & Control Measures Emergency Procedure or Contingency Plans Likelihood Severity Detectability Total (High Risk CCP Threshold>7) CCP? Pandemic Events (e.g. COVID-19) Loss of Personnel Coverage Supply Issues Potential for AWQI Discussion of mutual aid with ONWARN and surrounding municipalities at staffing shortage Personal protective equipment (gown, masks, face shields, gloves, hand sanitizer) on hand for operators Stocking up on supplies contacting suppliers on availability Rescheduling of manpower Working remotely Staggered shifts. Physical distancing Individual assignments Health and Safety Policy - Communicable Diseases (June 9, 2020) COVID-19 Workplace Safety Guidelines – October 16, 2020 Comprehensive update Ontario Regulation 75/20 – Emergency Management and Civil Protection Act – March 25, 2020 Inform MECP SAC as soon as you anticipate difficulties such as inability to collect samples, lack of staffing, supply issues or a break in continuity of operations. 3 2 1 6 No – Below Risk Threshold for CPP – No Control Municipality of Bayham – Richmond Community Water Supply System 40 Operational Plan Revision 1.9 20-Aug-21 Table 2: Identified Critical Control Points (CCPs) Identified Critical Control Points of the Richmond Community Drinking Water System CCP Critical Control Limits Monitoring Procedures Response, Reporting and Recording Procedures Primary Disinfection Free Chlorine Residual Alarms – Pre Alarms Low set point = 0.85 mg/L High set point = 3.00 mg/L SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required Refer to: - Chemical Feed Pump Failure Contingency Plan - Low Chlorine Residual Contingency Plan - AWQI Contingency Plan Storage (Holding) Tanks Storage (Holding) Tank Low Level Alarm Low set point = 0.50 meters SCADA (continuous on-line level measurement) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan Turbidity Analyzers Turbidity Analyzer High Level Alarm High set point = 1.00 NTU SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including manual confirmation using hand-held unit Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan UV Units UV Unit Failure Alarm SCADA (continuous on-line monitoring) Operator on-site checks Refer to: - Contamination of Source Water and/or Unable to Supply Water Contingency Plan - AWQI Contingency Plan Secondary Disinfection Free Chlorine Residual – Post Alarms Low set point = 0.40 mg/L High set point = 4.00 mg/L SCADA (continuous on-line analyzers) Weekly operator checks via plant data tracker – trend, review and sign-off as per O. Reg. 170/03 Operator on-site checks including CT calculations if required Distribution chlorine residuals as per O. Reg. 170/03 Refer to: - Chemical Feed Pump Failure Contingency Plan - Low Chlorine Residual Contingency Plan - AWQI Contingency Plan Municipality of Bayham – Richmond Community Drinking Water System Operational Plan Revision 1.9 20-Aug-21 PROCEDURE C PERSONNEL COVERAGE 24/7 REGULAR HOURS AFTER HOURS Call 519-866-5521 or 519-874-4761 Office Staff Call 519-866-5521 Follow Prompts Manager of Public Works receives assesses provides direction Spectrum Communications pages Manager of Water/Wastewater Operations bumps numbers until answered Staff Makes necessary repairs Manager of Water/Wastewater contacts On-Call Operator and directs staff as required Staff makes necessary repairs Municipality of Bayham – Richmond Community Water Supply System 42 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE D WATER SUPPLY EMERGENCY RESPONSE PLAN AIM: The aim of this plan is to:  Provide a guideline to assist the Municipality in responding to water supply emergency affecting residents, community or infrastructure within the Municipality of Bayham.  Define the roles and responsibilities of municipal staff and departments, and supporting agencies during a water supply emergency. AUTHORITY AND CUSTODIAN: This plan is published as an Annex to the Corporation of the Municipality of Bayham Emergency Response Plan as established under By-law 2006-113, and the Emergency Management and Civil Protection Act, RSO 1990. The Custodian of this plan shall be the Corporation of the Municipality of Bayham Community Emergency Management Coordinator and Community Emergency Management Program Committee, who are responsible for annual review, revisions and testing of the plan. WATER SUPPLY EMERGENCY DEFINITION: A water supply emergency is defined as a situation where in the lives or property of the Municipality of Bayham and residents of the municipality are threatened by the effects of a water supply emergency from:  Contamination of the treated water supply  A major or prolonged loss of water supply (24 hours or greater) NOTIFICATION AND IMPLEMENTATION: This plan may be implemented in whole or in part, as required, by the Municipality of Bayham  Head of Council  Chief Administrative Officer (CAO)  Manager of Water/Wastewater Operations  Community Emergency Management Coordinator (CEMC), or  Municipality of Bayham Community Control Group with or without the declaration of an emergency by the Head of Council. This plan may be activated through the notification of the Head of Council, CAO or CEMC. Upon implementation, all participating departments and agencies will respond in accordance with the guidelines described within this plan. Municipality of Bayham – Richmond Community Water Supply System 43 Operational Plan Revision 1.9 20-Aug-21 AGENCY/INDIVIDUAL ROLES & RESPONSIBILITIES: Elgin St. Thomas Health Unit  Issuing a Seek Alternative Source Water Advisory or Boil Water Advisory  Request the activation of the Emergency Operation Centre(s) in the event of an emergency resulting from a major or prolonged water supply event.  Act as lead agency to coordinate the County’s response during a prolonged water supply emergency.  Contact known schools and day care facilities who may be at high risk of severe health impacts due to water supply loss or contamination.  Print and distribute materials on the Seek Alternative Source Water Advisory or Boil Water Advisory.  Provide 24/7 “on call” service to respond to public inquiries regarding water related issues and refer concerned citizens’ calls, as appropriate.  Make necessary logistical arrangements for news conferences, as required. Water/Wastewater Department, Municipality of Bayham  Determine the source of the water supply emergency.  Immediate and ongoing consultation with the Ministry of Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.  Coordinate the delivery of potable water where vulnerable people are likely to gather, if required.  Coordinate the delivery of potable water to designated pick-up centers, as required.  Once water supply is restored, flushing of the system and the collection of samples for lab analysis until the Seek Alternative Source Water Advisory or Boil Water Advisory is lifted. Fire Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects firefighters’ performing duties.  Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants. Emergency Management Ontario (if necessary)  Provide advice, assistance, and liaison with the EOC Canadian Red Cross (if necessary)  Provide shelter management in times of declared disaster.  Train on recognition of potential illness, first aid and personal disaster assistance training for staff and volunteers of community agencies who serve vulnerable clients. Municipality of Bayham – Richmond Community Water Supply System 44 Operational Plan Revision 1.9 20-Aug-21 Human Resources Manager (As Designated)  Register and coordinate volunteer assistance Emergency Information Officer  Coordinate communications with County/Elgin St. Thomas Health Unit of all press releases and information fact sheets issued.  Coordinate local public inquiry messaging for staff.  Develop public education strategies for vulnerable populations within the Municipality. Ontario Works  Liaison with Red Cross for co-ordination of evacuation and emergency shelters . Municipality of Bayham – Richmond Community Water Supply System 45 Operational Plan Revision 1.9 20-Aug-21 NOTIFICATION GUIDELINE: Elgin St. Thomas Public Health  The Medical Officer of Health (or designate) activates a Seek Alternative Source Water Advisory or Boil Water Advisory and provides relevant fact sheets by fax or email to the regional media if an extended alert is anticipated. Municipality of Bayham  The Medical Officer of Health notifies the Mayor or CAO when a Seek Alternative Source Water Advisory or Boil Water Advisory.  The Municipality is responsible for internal notification of its staff and for the notification of their external partnering services.  The Mayor, CAO and CEMC will consult with each other to determine if the Municipality of Bayham Community Control Group (CCG) will assemble to discuss the impacts of the issued Water Supply Emergency Alert.  If the CCG is to be assembled CCG members shall be notified in accordance with the Municipality of Bayham Emergency Response Plan Notification Protocol. Municipality of Bayham – Richmond Community Water Supply System 46 Operational Plan Revision 1.9 20-Aug-21 RESPONSE GUIDELINE: When a major or prolonged water supply emergency event is declared by the Warden of Elgin County and/or the Mayor of any municipality in Elgin County, the lead will be the Emergency Community Control Group at Elgin County. The Elgin County Community Control Group will provide direction to municipalities involved in the emergency in accordance with the mandate of the Elgin County CCG. The following guideline shall be followed when water supply conditions pose a threat to municipal infrastructure, property and/or residents.  The Municipality of Bayham CCG will assemble upon request from the Elgin County CCG.  The Municipality of Bayham Emergency Operation Center will be activated upon receiving a request from the Elgin County CCG for assistance or deployment of municipal resources.  Upon activation of the EOC, the CCG will determine the most appropriate method of providing emergency response resources to facilitate effective response pertaining to the request of the Elgin County CCG. In the event the Elgin County CCG requests assistance from the Municipality of Bayham and the Bayham EOC is activated, the roles and responsibilities of municipal departments/representatives will include the following in addition to roles and responsibilities outlined in the Bayham ERP: Emergency Information Officer  Develop and issue emergency evacuation information  Coordinate communications with County of all press releases and information fact sheets issued.  Coordinate local public inquiry messaging for staff.  Develop public education strategies for vulnerable populations within the Municipality. Water/Wastewater Department  Immediate and ongoing consultation with the Ministry of Environment, Conservation and Parks and the Medical Officer of Health and will advise CEMC.  Coordinate the delivery of potable water where vulnerable people are likely to gather, if required.  Coordinate the delivery of potable water to designated centers, as required.  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affect water/wastewater employees working outside and performing duties Municipality of Bayham – Richmond Community Water Supply System 47 Operational Plan Revision 1.9 20-Aug-21 Fire Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects firefighters’ performing duties.  Arrange alternate supply sources for fire protection in areas normally protected by municipal hydrants. Roads Department  Increase awareness of, and report on, persons who may be vulnerable to the water supply emergency.  Increase vigilance of how the water supply emergency affects road employees working outside and performing duties. Deputy Clerk  Set up of EOC  Coordinate connection of EOC communications (e.g. phones, fax, email, etc.)  Coordinate set up of public inquiry avenues (e.g. website update, phone inquiry messaging) Administrative Support Staff  Registering members of public attending a water pick-up center(s)  Staffing public inquiry phone lines  Updating municipal website information and municipal sign  Monitoring of water pick-up center supplies Clerk  Register and coordinate volunteer assistance  Coordinating volunteers and or municipal employees to staff (supervise) water pick-up center(s) RESOURCES Water Canadian Kool Water – 53104 Vienna Line, Port Burwell, ON – Ph. 519-765-4970 Roses Sandytown Variety – 9292 Plank Road, Straffordville, ON – 519-866-5800 Mudford Family Food Town – 54362 Heritage Line, Straffordville, ON – 519-866-5505 GFS Bulk Water Services – Greg – 519 633-1391 Water Pick-Up Facilities Bayham Community Centre, 54164 Heritage Line, Straffordville, ON Vienna Community Centre, 26 Fulton Street, Vienna, ON Straffordville Fire Station, 55264 Third Street, Straffordville, ON Port Burwell Fire Station, 55451 Nova Scotia Line, Port Burwell, ON Municipality of Bayham – Richmond Community Water Supply System 48 Operational Plan Revision 1.9 20-Aug-21 TRAINING AND SUPPLIES Each participating agency is responsible for defining and providing the training required by its own staff in performing its emergency roles at its own cost. All costs and/or damages resulting from a water supply emergency will be forwarded to the Treasurer of the Municipality of Bayham for consideration and resolution. RECOVERY Recovery procedures will be implemented in accordance with the Municipality of Bayham Recovery/Business Continuity Plan. Municipality of Bayham – Richmond Community Water Supply System 49 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE E INTERNAL AUDIT Internal audits will be conducted to ensure that the QMS conforms to the requirements of the Municipality of Bayham and of the DWQMS. These requirements include ensuring that the QMS has been effectively implemented and properly maintained. The Municipality of Bayham may, from time-to-time, request that trained auditors from a neighbouring municipality conduct internal audits. In turn, the Municipality of Bayham may provide the same service to other municipalities as the case arises. Audits Conducted by Bayham Auditors  All internal auditors must have successfully completed a recognized 14 hour Internal Auditor workshop Internal Audit Schedule  Internal audits are scheduled throughout the year. The assigned auditor’s name will appear on the schedule.  Internal audits are to be completed at least once every calendar year. Audit Planning  The auditor shall review all related QMS documentation and obtain the current version of the DWQMS checklist prior to the audit, which will include results from the previous internal and external audits. Conducting the Audit  The auditor shall observe activities, review records and interview personnel as necessary to ensure that the status of the audited element of the QMS has been effectively covered. Reporting the Results  The auditor shall submit a completed checklist and report to the QMS Representative. Municipality of Bayham – Richmond Community Water Supply System 50 Operational Plan Revision 1.9 20-Aug-21  The report shall include any requirement for corrective actions. Corrective actions shall be communicated to the responsible individual and included as part of Management Review input. Audits Conducted by Another Municipality Auditors  Outside auditors must provide proof of competency prior to conducting an audit.  Current version of the DWQMS checklist must be used during the audit. Audit Schedule  Audits are to be conducted per the Municipality of Bayham schedule. Planning and Conducting the Audit and Reporting the Results  Audits may be planned and conducted per the procedures of the auditing Municipality. Prior approval by the Manager of Water/Wastewater Operations.  Audit results may be reported per the procedures of the auditing municipality as long as the results are documented. Requirements for corrective action must be indicated.  A document management spreadsheet is used to track and document any changes to documents, corrective action reports, opportunities for improvement, management review, emergency response testing and internal audit and/or actions taken.  Previous internal and external audits to be reviewed prior to the commencement of a new audit. Municipality of Bayham – Richmond Community Water Supply System 51 Operational Plan Revision 1.9 20-Aug-21 PROCEDURE F MANAGEMENT REVIEW This procedure defines the Management Review process to ensure the continuing suitability, adequacy and effectiveness of the QMS. Review Frequency Management Reviews shall be conducted on an annual basis. Review Participants The QMS Representative convenes the management review. Attendees shall include the QMS Representative and the Chief Administrating Office (Top Management). Review Input The QMS Representative shall provide information and data concerning the following categories, for the review:  Incidents of regulatory non-compliance  Incidents of adverse drinking water tests  Deviations from critical control point limits and response actions  Efficacy of the risk assessment process  Results of internal and 3rd party audits  Results of relevant emergency response testing  Operational performance and water quality trends including raw water supply  Follow-up on actions items from previous management reviews  Status of action items (if any) identified between reviews  Changes in resource requirements, infrastructure, process, personnel, Drinking Water Quality Management Standard or regulations that could affect the QMS  Resources needed to maintain the Quality Management System  Operational plan currency, content and updates  Consumer feedback (including consumer complaint reports), and  Staff suggestions Municipality of Bayham – Richmond Community Water Supply System 52 Operational Plan Revision 1.9 20-Aug-21 Review Process The Management Review shall be a planned event. An appropriate time shall be set aside by the participants to ensure a thorough review of the QMS is conducted. Each input category shall be reviewed in order to identify if, where and when improvements to the QMS and its procedures are required. The QMS Representative shall make note of any changes or action items required during the course of the review. Review Output A list of changes required to be made to procedures or other QMS based documentation and processes and/or amendments must be made prior to the next annual internal audit. Complete a list of “action” items if applicable. Action items shall identify the individual responsible. A list of recommendation(s) for any human or financial resources may be required to maintain and improve the QMS. The QMS Representative shall maintain minutes of management review. These minutes shall include the date and time of the review activity and the name of participants. The QMS Representative shall review findings to the owner annually. OPA-01/22 and ZBA-02/22 NOTICE OF PUBLIC MEETING CONCERNING A PROPOSED REVISED OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: MICHEAL AND RETA GLEN, C/O BARRY WADE HOMES INC. LOCATION: 2 ROBINSON STREET AND 3 ERIEUS STREET, PORT BURWELL TAKE NOTICE that the Municipality of Bayham has received a complete application for a revised Official Plan amendment (OPA-01/22) and Zoning By-law amendment (ZBA-02/22). The County of Elgin is the Approval Authority for Official Plan Amendments. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 15, 2022 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider the proposed Official Plan and Zoning By-law amendment under Section 17 and 34 of the PLANNING ACT. THE PURPOSE of these Amendments is to change the land use designation on a portion of lands with two parcels and combined lot area of 3,604 m2 (0.89 acre), to change the Official Plan designation for 2,760 m2 (0.68 acres) of lands from “Residential” to “site-specific Multi-Unit Residential” designation in the Official Plan of the Municipality of Bayham to permit the development of a 13-unit townhouse block with density of 48 units per hectare and criteria for slope development on the southern portion of the subject lands. The subject lands are located on the east side of Robinson Street, west side of Erieus Street, south of Brock Street in the village of Port Burwell and known as 2 Robinson Street and 3 Erieus Street. And furthermore, to change the zoning of the townhouse block lands from Village Residential 1 (R1) and Holding Village Residential 1 (R1(h2)) Zones to Site-specific Village Residential 2 (R2- xx) Zone to permit townhouse development and to permit specific to the townhouse lands: lot area per unit of 212 m2 whereas 340 m2 is the permitted minimum; setback distance for a driveway to a street intersection of 1.0 m whereas 9.0 m is the permitted minimum; front yard setback of 2.02 m whereas 6.0 m is the permitted minimum; and, to remove the ‘h2’ holding symbol by way of entering into a development agreement with the municipality, in Zoning By-law Z456-2003. THE EFFECT of these Amendments will be to permit a townhouse development with site-specific zoning, either standard condominium or rental, in the form of 2 buildings with 13 total units, proposed with reduced driveway setback from an intersection, reduced front yard setback, and the removal of holding provisions requiring the applicant/owner enter into development or subdivision agreement with the municipality. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendments. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Tuesday December 6, 2022 to munderhill@bayham.on.ca or at the municipal office. 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 by-law is passed, 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 by-laws are passed, 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 adoption of the proposed Official Plan or Zoning By-law amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendments is posted to the municipal website or may be obtained by contacting the Municipal office. Dated at the Municipality of Bayham this 23rd day of November 2022. Conceptual Site Plan is printed on the back of this Notice. OPA-01/22 and ZBA-02/22 Draft Plan Subdivision 34T-BA2201 1 REVISED NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION (APPROVAL AUTHORITY COUNTY OF ELGIN, FILE NUMBER 34T-BA2201), 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, PART OF 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 hold a public meeting regarding a complete application for Draft Plan of Subdivision Application (file number 34T- BA2201) submitted by CJDL Limited on behalf of the owners/applicants. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, December 15th, 2022, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to receive public comment for a proposed Draft Plan of Subdivision Application under Section 51 of the Planning Act, R.S.O. 1990, as amended. THE PURPOSE OF THIS MEETING is to inform the public of the nature of the Draft Plan of Subdivision proposal, to invite public input and to answer questions regarding the application. 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 storm water 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 subdivision agreement between the applicant and the Municipality. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed Draft Plan of Subdivision. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Tuesday December 6, 2022 to munderhill@bayham.on.ca or at the municipal office. 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 application was accompanied by the following studies/reports available for viewing at the municipal office and with the Notice of Public Meeting on the municipal website:  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 Report 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 24th day of November 2022. Draft Plan Subdivision 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 Phone: (519)882-2350 Fax: (519)882-3373 Theatre: (800)717-7694 411 Greenfield Street, Petrolia, ON, N0N 1R0 www.town.petrolia.on.ca December 1, 2022 Karine Pelletier Clerk-Treasurer Township of McGarry Via email RE: motion dated September 13, 2022 regarding misogyny and hatred, and strengthening powers of the Integrity Commissioner the ability to recommend expulsion of members of council. Dear Ms. Pelletier, During the November 28, 2022 regular meeting of council, correspondence circulated to council regarding the above was discussed, with the following resolution of support was passed: Moved: Bill Clark Seconded: Joel Field “THAT the Council of the Town of Petrolia support the Township of McGarry and their resolutions in relation to strengthening the powers of the Integrity Commissioner and the ability's to recommend the expulsion of councillors in circumstances of misogyny, hatred and all forms of discrimination; AND THAT this support also be forwarded to the Ministry of Municipal Affairs and Housing.” Carried Kind regards, Original Signed Mandi Pearson Clerk/Operations Clerk cc: Hon. Steve Clark, Minister of Municipal Affairs and Housing MMAH Bob Bailey, MPP Sarnia-Lambton Municipalities of Ontario Lisa Post Office of the Mayor November 30, 2022 Hon. Steve Clark Ontario Ministry of Municipal Affairs and Housing 777 Bay Street, 17th Floor Toronto, ON M7A 2J3 Via Email: minister.mah@ontario.ca Re: Bill 23, More Homes Built Faster Act Dear Minister Clark, Town of Orangeville acknowledges Bill 23, titled the More Homes Built Faster Act, 2022 is part of a long-term strategy to provide attainable housing options for families across Ontario. We at the Town understand that Bill 23 is focused on the provincial government’s stated goal of having 1.5 million homes built over the next 10 years and aims to do so by reducing bureaucratic costs and delays in construction. While the Province’s goals to resolve the housing crisis in the next decade is ambitious and necessary, it could potentially have unintended long-term financial and planning related consequences on municipalities, such as the Town of Orangeville. On behalf of the Town of Orangeville Council, I put forward a list of concerns of potential unintended consequences arising from Bill 23: 1. Bill 23 could have a direct impact on the state of good repair mandate rolled out by the province in their recent legislation, O.Reg. 588/17. If growth is no longer paying for growth, that means we may have to reallocate some of our lifecycle asset management dollars, as required by the same legislation, towards growth related infrastructure. 2. Although we support the overarching message and intention of Bill 23 as it relates to housing affordability, we do question whether overall quality of life and affordability of our citizens would be severely impacted due to higher taxes and user fees. The Town of Orangeville has limited cost-recovery avenues, meaning Bill 23 may require cost-recovery within the recent Asset Management plan, resulting in a more significant infrastructure funding gap. This situation will be further exasperated if specific provisions of Bill 23 dilute our ability to cover infrastructure improvements through Development Charges. 3. Town of Orangeville is a fast-growing community with a comprehensive economic outlook for Industrial and Commercial developments. This could be compromised if we find ourselves having to levy higher development charges for industrial, commercial and institutional (ICI) developments to mitigate loss of Residential Development Charges. 2 4. Under the current climate of impending global inflation, the Town is already struggling to keep its service levels affordable. Without any direct financial incentive from the province such as interest-free loans from Infrastructure Ontario, we will lose our ability to build capacity for growth in service areas like Water and Wastewater. 5. Improving residential development efficiencies and costs by limiting the role and scope of Conservation Authorities (CA) in the planning approval process is unclear. Like many municipalities, Orangeville relies on Conservation Authority support to provide guidance on natural hazard avoidance and ecological protection to ensure that the provincial policy framework around these issues is upheld in our planning decisions. If CAs are removed from this advisory role, we must find alternative means in assuring such policies remain adhered-to. It is unclear how this would improve approval timing efficiencies or save costs to residential developments. It could inevitably shoulder more costs to development in subsidizing municipal costs and/or consultant peer review support. 6. Orangeville supports the province’s objectives of lowering costs and improving efficiency for residential development to deliver more housing to Ontarians; However, like many municipalities, our challenges for facilitating more housing within our community are not simply costs and process inefficiencies for developments. Instead, we are challenged by our limited municipal land availability and servicing capacity constraints. We ask that the province explore actionable measures and tangible resource deployment to support our efforts to increase our land supply and infrastructure servicing capacity. According to the Association of Municipalities of Ontario’s (AMO) recent submission to the Steering Committee of Bill 23, it states “The province has offered no evidence that the radical elements of the bill will improve housing affordability. It is more likely that the bill will enhance the profitability of the development industry at the expense of taxpayers and the natural environment.” As the frontline level of government, municipalities are also eager to resolve the housing crisis and are the most informed on what is needed to create complete communities that Ontarians want and expect. We ask that the province view us as one of the strategic partners in further refining the More Homes Built Faster Act, and open more robust channels of communication and consultation. Sincerely, Lisa Post Mayor CC Doug Ford, Premier of Ontario The Honourable Michael Parsa, Associate Minister of Housing The Hounourable Sylvia Jones, Dufferin-Caledon Member of Provincial Parliament Association of Municipalities of Ontario (AMO) All Ontario Municipalities Notice: Changes under the Oil, Gas and Salt Resources Act related to Geologic Carbon Storage Hello, I am pleased to inform you that Bill 46, Less Red Tape, Stronger Ontario Act, 2022 was introduced on November 23, 2022, which would make changes to the Oil, Gas and Salt Resources Act to remove the prohibition on geologic carbon storage. We also released a short Roadmap to further outline our plan to remove barriers for this activity in Ontario. Last winter, the Ministry of Natural Resources and Forestry sought feedback on a discussion paper (https://ero.ontario.ca/notice/019-4770) exploring possible legislative changes which would remove potential barriers to the storage of carbon dioxide and enable the creation of a regulatory framework to govern this and other new technologies. Informed by the feedback received on that discussion paper, we have developed a plan to enable geologic carbon storage through a phased approach that would provide clarity for businesses to plan and invest in Ontario, while ensuring safe and responsible development. To build a framework that works for Ontario, we plan to work together with stakeholders, Indigenous communities and the public. Bill 46 contains proposed changes to the Oil, Gas and Salt Resources Act and is available for review on the Ontario Legislative Assembly website: https://www.ola.org/en/legislative-business/bills/parliament-43/session-1/bill-46. The province is also seeking feedback on the proposed change through the Environmental Registry of Ontario: (https://ero.ontario.ca/notice/019-6296). Feedback on the proposed changes can be provided directly to the ministry or through the environmental registry. A copy of the Roadmap has been attached for your information. If you would like more information or have any questions about the proposed changes or future phases, please contact Andrew Ogilvie, Manager of Resources Development Section, at 705-761-5815 or through email: Resources.Development@ontario.ca. Ministry of Natural Resources and Forestry Resources Planning and Development Policy Branch Policy Division 300 Water Street Peterborough, ON K9J 3C7 Ministère des Richesses naturelles et des Forêts Direction des politiques de planification et d'exploitation des ressources Division de l’élaboration des politiques 300, rue Water Peterborough (Ontario) K9J 3C7 Sincerely, Jennifer Keyes Director, Resources Planning and Development Policy Branch Ontario’s Roadmap towards Regulating Geologic Carbon Storage One tool to help transition to a low- carbon future We plan to enable geologic carbon storage through a phased approach that will provide clarity for businesses to plan and invest in Ontario while ensuring safe and responsible development. What is geologic carbon storage? Carbon capture, utilization and storage, or CCUS, involves a broad suite of activities that capture, transport, use and store (sequester)carbon dioxide. Geologic carbon storage is the permanent storage, or sequestration, of carbon dioxide in deep underground geologic formations. Ontario’s plan Ontario's plan starts with proposing immediate action towards removing barriers to carbon storage in the province. Next, we plan to propose legislative and regulatory changes to allow testing and demonstration projects so businesses can start exploring carbon storage while a proposal for a regulatory framework for commercial-scale projects is developed. Benefits of enabling carbon storage •supports emissions reduction and production of low-carbon hydrogen •supports transition to a low-carbon economy •allows businesses to take advantage of provincial and federal initiatives for carbon storage •attracts investment and encourages innovation 1 This roadmap outlines Ontario’s plan for creating a framework for the regulation of geologic carbon storage. The plan provides a clear path forward and the opportunity to work together with stakeholders, Indigenous communities and the public to build a framework that works for Ontario. Discussion Paper January to March 2022 Received feedback through postings on the regulatory and environmental registries of Ontario. Clarify Intent Starting in: Fall 2022 Propose changes to the Oil, Gas and Salt Resources Act to remove the prohibition related to geologic carbon storage. Enable Demonstration Anticipated start: Winter/Spring 2023 Propose legislative and regulatory changes to allow projects to test and demonstrate new activities, such as geologic carbon storage, initially on private land only. Develop changes to enhance public safety and corporate accountability. Design Framework Anticipated start: Summer/Fall 2023 Design a framework to regulate commercial-scale geologic carbon storage projects on Crown and private land. Refine and Adapt Anticipated start: 2025 and beyond Refine and adapt the framework for new activities and emerging technologies. 2 Ontario’s Roadmap towards Regulating Geologic Carbon Storage LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of November 2, 2022 Approved December 7, 2023 FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 1 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Lorrie Minshall, Project Manager Leigh-Anne Mauthe, Interim Manager of Watershed Services Zachary Cox, Marketing Coordinator Dana McLachlan, Executive Assistant 1. Welcome and Call to Order The chair called the meeting to order at 6:30 p.m., Wednesday, November 2, 2022. 2. Additional Agenda Items A-93/22 Moved by I. Rabbitts Seconded by P. Ypma THAT the LPRCA Board of Directors add Bill 23 and Legislative and Regulatory Proposals affecting Conservation Authorities under New Business as item 9(f) to the November 2, 2022 agenda. CARRIED 3. Declaration of Conflicts of Interest None were declared. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 2 - 4. Minutes of the Previous Meeting a) Board of Directors Meeting Minutes of October 5, 2022 There were no questions or comments. A-94/22 Moved by V. Donnell Seconded by T. Masschaele THAT the minutes of the LPRCA Board of Directors Meeting held October 5, 2022 be approved as circulated. CARRIED 5. Business Arising There was no business arising from the previous minutes. 6. Review of Committee Minutes There were no committee minutes presented at the meeting. 7. Correspondence a) From the Ministry of Natural Resources and Forestry re: MNRF Proposals in support of More Homes Built Faster: Ontario’s Housing Supply Action Plan 2022-23 b) Conservation Ontario Release re: Province Continues to Change Roles and Responsibilities of Conservation Authorities Staff will continue to evaluate the proposed Bills and assess the impact to the Authority. A-95/22 Moved by M. Columbus Seconded by I. Rabbitts THAT the correspondence outlined in the Board of Directors Agenda of November 2, 2022 be received as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 3 - 8. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 24 applications were approved in the past month. LPRCA-91/22, LPRCA-206/22, LPRCA-208/22, LPRCA-209/22, LPRCA-210/22, LPRCA-211/22, LPRCA-212/22, LPRCA-213/22, LPRCA-214/22, LPRCA-215/22, LPRCA-216/22, LPRCA-217/22, LPRCA-219/22, LPRCA-220/22, LPRCA-221/22, LPRCA-222/22, LPRCA-223/22, LPRCA-225/22, LPRCA-226/22, LPRCA-228/22, LPRCA-229/22, LPRCA-230/22, LPRCA-231/22, and LPRCA-232/22. All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-96/22 Moved by D. Beres Seconded by T. Masschaele THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated November 2, 2022 as information. CARRIED 9. New Business a) General Manager’s Report The General Manager provided an overview of operations this past month. The GM attended webinar sessions hosted by the MNRF to review the new changes and requirements for conservation authorities in Phase 1 and Phase 2 of the Conservation Authorities Act (CAA). Campgrounds closed October 15 ending a successful camping season and all of the campgrounds have been winterized. Hazard tree removal will be completed in the coming weeks. A-97/22 Moved by I. Rabbitts Seconded by V. Donnell That the LPRCA Board of Directors receives the General Manager’s Update for October 2022 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 4 - b) Electronic Monitoring Policy The Electronic Monitoring Policy, as required by the Workers for Working Act, provides information and transparency to employees regarding how LPRCA may electronically monitor employees and collect employee information. A-98/22 Moved by S. Patterson Seconded by P. Ypma THAT the LPRCA Board of Directors approves the Electronic Monitoring Policy as presented. CARRIED c) Right to Disconnect Policy The Right to Disconnect Policy, as required by the Workers for Working Act, is to encourage and support all employees in balancing their work and personal lives; and encourage employees to disconnect from work outside of regular working hours. A-99/22 Moved by V. Donnell Seconded by I. Rabbitts THAT the LPRCA Board of Directors approves the Right to Disconnect Policy presented. CARRIED d) 3rd Quarter Financials Operating revenues to September 30, 2022 totaled $4,479,018 and expenditures of $3,276,362. Revenues represent 93.3% of the annual budget and expenditures 68.3%. Planning revenue to September 30, 222 totaled $391,887, up 6.8% to date over the prior year. Forestry revenue is at $328,868 and has exceeded the budgeted revenue target by of $300,000. Expenditures are $171,226 representing 70% of the annual budget. Seasonal camping revenue to September 30, 2022 totaled $1,896,033 exceeding the budget revenue target by 3.4%. There were 441 registered seasonal campers in 2022.The camping surplus at September 30, is $855,439. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 5 - A-100/22 Moved by P. Ypma Seconded by D. Beres THAT the LPRCA Board of Directors receives the Q3 Financial Report – September 30, 2022 for the period up to and including September 30th, 2022 as information. CARRIED e) Community Outreach – November 2022 Staff presented an overview of outreach activities for the year. The Memorial Forest service was held in-person after two years of virtual events. Staff participated in the Carolinian Forest Festival, hosted two fishing derbies, provided a tour of a few LPRCA forest tracts for the Forest Stewardship Council (FSC®) working group, gave a presentation to a local PROBUS club, and participated in the Long Point Walsingham Forest Priority Place Project video as a project partner. Upcoming initiatives include events to celebrate LPRCA’s 75 years in conservation and the grand re-opening of the Conservation Education Centre at Backus. A-101/22 Moved by T. Masschaele Seconded by D. Beres THAT the LPRCA Board of Directors receives the Community Outreach – November 2022 report as information. CARRIED f) Bill 23 and Legislative and Regulatory Proposals Affecting Conservation Authorities The Province introduced Bill 23, More Homes Built Faster Act on October 25, 2022, and posted several Legislative, Regulatory, and Policy proposals on the Environmental Registry of Ontario (ERO) for public comment. Staff have reviewed the proposals and provided the concerns specific to LPRCA, as detailed in the staff report, for the board’s review and comments. There are still many unknowns and staff will be looking for clarity with respect to numerous items relating to the regulatory proposals. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, Ian Rabbitts, John Scholten, Peter Ypma - 6 - A-102/22 Moved by M. Columbus Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Staff Report on Bill 23 and directs staff to submit comments on the Environmental Registry of Ontario (ERO) postings by the due dates for the concerns specific to Long Point Region Conservation Authority. CARRIED The closed session began at 7:49 p.m. 10. Closed Session A-103/22 Moved by I. Rabbitts Seconded by V. Donnell THAT the LPRCA Board of Directors does now enter into a closed session to discuss:  Labour relations or employee negotiations (Pay Equity & Compensation Review) CARRIED The board reconvened in open session at 7:50 p.m. The Board approved the closed meeting minutes of October 5, 2022 in the closed session. Adjournment The Chair adjourned the meeting at 7:50 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 1 - LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Budget Meeting of November 9, 2022 Approved December 7, 2022 Members in attendance: Michael Columbus, Chair Norfolk County John Scholten, Vice-Chair Township of Norwich Dave Beres Town of Tillsonburg Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Ian Rabbitts Norfolk County Peter Ypma Township of South-West Oxford Regrets: Kristal Chopp Norfolk County Ken Hewitt Haldimand County Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Lorrie Minshall, Project Manager Dana McLachlan, Executive Assistant * V. Donnell joined the meeting at 9:35 a.m. 1. Welcome and Call to Order The chair called the meeting to order at 9:30 a.m., Wednesday, November 9, 2022. 2. Additional Agenda Items A-104/22 Moved by D. Beres Seconded by I. Rabbitts THAT the LPRCA Board of Directors add Bill 23 Discussion as item 8 to the November 9, 2022 agenda. CARRIED 3. Declaration of Conflicts of Interest None were declared. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 2 - 4. Budget Overview Presentation The General Manager and the Manager of Corporate Services provided a general overview of the 2023 draft budget. The Audit and Finance Committee met on August 18 and the Committee provided staff direction to prepare a budget with a maximum 7.5% target increase on the levy. The 2023 Draft Budget was presented with a 6.82% or $143,551 overall general levy increase. The operating levy increased by 21.76% or $375,251 and the capital levy decreased by 60.7% or $231,000. There is no requirement for a special levy in 2023. V. Donnell arrived. Staff has been adjusting the budget since 2022 in anticipation to align with the new regulations that are required starting with the 2024 budget. In the 2022 Budget, programs and services were identified and segmented to align with the new regulations. For 2023, the levy apportionment for mandatory and non-mandatory programs are being further aligned with the regulations. The following reports were reviewed and discussed: 1. Consolidated Operating Budget 2. Consolidated Budget Summary 3. Municipal Levy Consolidated 4. 5-year Summary by Municipality of Levy Apportionment 5. Current Value Assessment Apportionment (2022) and (2021) The municipal levy accounts for 36.1% of total revenue. 5. 2023 Budget Package Operations: The Managers reviewed each of their department(s) draft budgets, action plans, projects, and staffing requirements. All LPRCA fees were reviewed. Capital: The 2023 total for capital spending is budgeted at $651,955 requiring $150,000 from the general levy, $249,455 from the Current Year Surplus, $60,000 from the Capital Levy Reserve, and 192,500 Federal/Provincial Grants. FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 3 - The following reports were reviewed and discussed: 1. One-Year 2023 Draft Capital Budget 2. Five-Year 2023 Draft Capital Budget Maintenance work and necessary repairs for public safety are continuing on the major water control structures. Two projects are planned for 2023 totaling $200,000. A 10-year LPRCA Water Control Structure Capital Plan Summary was presented for information. Gate replacement and repairs continue at the LPRCA forest tracts. Various projects, including water system upgrades, a dump station expansion, a roof replacement, and a culvert replacement, are required at the campgrounds. Annual computer upgrades, and vehicle and equipment replacements are needed to ensure safety. 6. General Manager’s Report and Budget Recommendations A-105/22 Moved by D. Beres Seconded by T. Masschaele THAT the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2023 Draft Operating and Capital budgets; THAT the 2023 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees as set out in the budget be approved; THAT the 2023 proposed Conservation Area User Fees as set out in the budget be approved; THAT the draft 2023 operating budget of $5,568,754 requiring $2,099,510 of general levy representing an increase in the general levy of 21.76% or $375,251; AND the draft 2023 capital budget of $651,955 requiring $150,000 of general levy representing a decrease in the general levy of 60.7% or $231,000; AND the total general municipal levy of $2,249,510 requiring an increase of 6.82% or $143,511 overall compared to 2022 be circulated to member municipalities for review and comment; AND that staff be directed to present the Draft 2023 Budget to member municipalities when requested. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Robert Chambers, Kristal Chopp, Michael Columbus, Valerie Donnell, Roger Geysens, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Peter Ypma - 4 - 7. Fee Policy The Conservation Authorities Act now requires Conservation Authorities to have a Fee Policy in place by January 1, 2023, along with posted fee schedules. Going forward, all Fee Schedules will be included as part of the budget package for approval. A-106/22 Moved by M. Columbus Seconded by P. Ypma THAT the LPRCA Board of Directors receives the Draft Fee Policy as presented as information; And, THAT the Draft Fee Policy be presented at the December 7th, 2022 meeting of the Board of Directors for consideration and approval. CARRIED 8. Bill 23 Discussion D. Beres expressed concern about Bill 23: More Homes Built Faster Act as it seems to affect current building laws. Staff agreed, the Bill touches on many different legislations. There are seven Environmental Registry of Ontario (ERO) postings related to conservation authorities and approximately 20 EROs affecting municipalities. Staff was directed to send a letter in addition to LPRCA comments through the ERO and copy the Association of Municipalities of Ontario (AMO). The Chair adjourned the meeting at noon. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm Port Burwell Historical Society P.O. Box 10 Port Burwell, Ontario N0J 1T0 pbhistoricalsociety@gmail.com November 28, 2022 The Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON N0J 1Y0 Attention: Mr. Thomas Thayer CAO / Clerk Dear Sir, The Port Burwell Historical Society would like to petition Council to reinstate the Bayham Museums Board as part of their new term of office. Preservation and promotion of local history and heritage is essential for economic development, tourism, and the health of viable Bayham communities. The Bayham Museums Board provides a vital link between the Municipality, local Historical Societies and our Residents. Given the ongoing developments around the preservation and conservation of the historic Port Burwell Lighthouse, the Bayham Museums Board, with membership composed of Municipal Staff and concerned citizens, can be an invaluable and arms length tool for Council to moderate public discussion in the Lighthouse restoration project and provide a transparent communications channel for the project and its processes. The Bayham Museums Board can be positioned as an impartial to assist the Municipality’s Staff with the review and prioritization of the initial Lighthouse studies and surveys proposed by a+LiNK architecture inc. in their recent report to Council. While our immediate concern is with the preservation of our iconic Lighthouse, we realize other museums, historic buildings and pioneer cemeteries in Bayham have needs and concerns of their own. Here again, the Bayham Museums Board can assist the Municipal Staff by acting as a gateway for new or ongoing projects, reviewing and filtering submissions, ensuring all the necessary information, financial backing and permits are in order before being placed on Council’s agenda. Bayham’s Museums have a promising future ahead of them. The Edison Museum in Vienna and the Marine Museum and Historic Lighthouse in Port Burwell have strong collections and important, compelling stories. We need to remember we are all in this together. We need each other if we are going to move forward. The Bayham Museums Board can help guide these important and endangered cultural resources toward this promising future, one that identifies and reinforces the idea of the Museums being a cornerstone of our community. We ask for your support in recommending to Council that the Bayham Museums Board be designated one of this term’s Committees-of-Council. If you have any questions, please do not hesitate to contact me. Sincerely, Ronald Bradfield President Port Burwell Historical Society pbhistoricalsociety@gmail.com cc: Ed Ketchabaw, Mayor Tim Emerson, Ward 1 Councillor Margaret Underhill, Planning Coordinator/Deputy Clerk 450 Sunset Drive St. Thomas, ON N54 5V1 www.elgincounty.ca For additional information, please contact: Ed Ketchabaw Warden, Elgin County Council warden@elgin.ca FOR IMMEDIATE RELEASE December 6, 2022 Ed Ketchabaw Elected as Elgin County Warden Central Elgin, Ontario – Elgin County Council elected Ed Ketchabaw, Mayor of the Municipality of Bayham, as Elgin’s Warden during its inaugural meeting held December 6, 2022. Warden Ketchabaw now serves as the head of Elgin County Council for the 2023 governance year, representing the first year of Council’s four-year term. As the head of County Council, Warden Ketchabaw’s responsibilities include acting as chair of Council meetings, providing leadership to Council, representing the County at official functions, acting as the County’s spokesperson, and much more. The most immediate past Warden, Councillor Duncan McPhail, Mayor of the Municipality of West Elgin, will serve as Elgin’s 2023 Deputy Warden. “It is an honour to have been elected by County Council to serve as Elgin County’s 2023 Warden,” said Warden Ketchabaw. “I look forward to working with Council to ensure Elgin County continues to be a place where people want to live, work and play for years to come.” Elgin County is governed by County Council, which is comprised of nine Members from Elgin’s seven local municipalities. County Council representatives for the 2022-2026 term are:  Councillor Duncan McPhail – Mayor, Municipality of West Elgin  Councillor Mike Hentz – Mayor, Municipality of Dutton Dunwich  Councillor Grant Jones – Mayor, Township of Southwold  Councillor Andrew Sloan – Mayor, Municipality of Central Elgin  Councillor Todd Noble – Deputy Mayor, Municipality of Central Elgin  Councillor Dominique Giguère – Mayor, Township of Malahide  Councillor Mark Widner – Deputy Mayor, Township of Malahide  Councillor Jack Couckuyt – Mayor, Town of Aylmer  Councillor Ed Ketchabaw – Mayor, Municipality of Bayham For more information about Elgin County Council, visit: https://www.elgincounty.ca/council/ -30- Allison Adams, Manager of Legislative Services/Clerk Township of Malahide 87 John Street South Aylmer, ON N5H 2C3 November 10, 2022 Dear Ms. Adams, On behalf of the Elgin Group Police Services Board (“PSB”), I am writing to request that Malahide Council appoint by resolution an elected representative from the Township of Malahide to the PSB following the municipal election. Please refer to the attached sample council resolution. In accordance with Section 27(5) of the Police Services Act and the Elgin Group Police Services Board Governance and Procedural By-Law, the Board shall consist of five (5) members: (a) one (1) elected representative appointed by resolution from Eastern Elgin, alternating every 3 years between the Township of Malahide and the Municipality of Bayham; (b) one (1) elected representative appointed by resolution of the Council of the Municipality of Central Elgin for a 3-year term; (c) one (1) community representative from Western Elgin, appointed by resolution jointly by the Township of Southwold, the Municipality of Dutton/Dunwich and the Municipality of West Elgin for a 3-year term; and (d) two (2) persons appointed by the Lieutenant Governor In Council. Under the Community Safety and Policing Act (CSPA), 2022, Section 10 municipalities were required to submit a proposal indicating the preferred composition for a new OPP detachment board. On behalf of the Elgin Group municipalities, the Secretary/Administrator applied for status quo board composition in June 2021. Once the Act comes into effect and the Ministry approves the board composition, the Elgin Group Polices Services Board will be dissolved, and a new board will be established. Although we anticipate hearing from the Ministry soon, the current Board structure will remain in place until that time. The appointment of the elected representative from the Township of Malahide will be for a three (3) year term or until such time that the Ministry approves the new Board composition. At that time, the Board will dissolve; a new Board will be formed; and new representatives will be appointed. Please note that a letter will be sent to the Municipality of Bayham requesting that they endorse the appointment of the elected representative from Malahide. Letters have also been sent to the Municipality of Central Elgin and the Township of Southwold, Municipality of Dutton/Dunwich and Municipality of West Elgin requesting that new appointments be made for the elected representative from Central Elgin and the community representative from Western Elgin. I respectfully ask that you provide me with written confirmation of the appointment once it is made. If you have any questions, do not hesitate to contact me directly. Yours very truly, Jenna Fentie Manager of Administrative Services/Deputy Clerk cc: Julie Gonyou, Chief Administrative Officer/Clerk – County of Elgin Carolyn Krahn, Secretary/Administrator – Elgin Group Police Services Board Elgin Group Police Services Board Municipality of Bayham SAMPLE COUNCIL RESOLUTION THAT the Council of the Township of Malahide appoints _______________________ to the Elgin Group Police Services Board as the elected representative from Eastern Elgin for a three (3) year term ending December 31, 2025 or until such time that the Ministry approves the new Board composition under the Community Safety and Policing Act (CSPA), 2022, whichever is earlier. December 6, 2022 County of Elgin Attn: Jenna Fentie 450 Sunset Drive St. Thomas, Ontario N5R 5V1 Dear Ms. Fentie, RE: Elgin Group Police Services Board The current Appointment By-law 22-88, which was approved by Malahide Township Council on December 1, 2022, appointed Dominique Giguère as the Elgin Group Police Services Board elected representative effective December 1, 2022. • Dominque Giguère – dgiguere@malahide.ca – 548-888-6252 Please do not hesitate to contact this office if you require any further information or documentation. Respectfully, TOWNSHIP OF MALAHIDE ALLISON ADAMS Manager of Legislative Services/Clerk Township of Malahide 519-773-5344x222 aadams@malahide.ca cc: Mayor – Dominque Giguère Municipality of Bayham CAO/Clerk – Thomas Thayer REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Deputy Clerk DATE: December 15, 2022 REPORT: CL-10/22 SUBJECT: 2022-2026 COMMITTEES OF COUNCIL AND COUNCIL APPOINTMENTS BACKGROUND Municipal Councils may establish and utilize different types of committees or boards to assist with providing advice on respective matters and/or carrying out a specific function. The different types of committees are:  Advisory Committees and Boards – a group of persons appointed to provide knowledge, skills and non-binding advice on a specific issue or area of knowledge. At least one (1) member of Council appointed. Makes recommendations to Council on matters within their scope. Does not direct staff.  Ad-Hoc Committees – a committee or task force created by Council with a defined ending that reports directly to Council on a specific matter. At least one (1) member of Council appointed. Makes recommendations to Council on matters within their scope. Does not direct staff.  Independent Committees and Boards – required to be enacted by Council under specific legislation operating as quasi-judicial body. May provide correspondence to Council on matters within their scope.  Standing Committees – Made up of entirely Bayham Council representative(s). Fully a subcommittee of Council without public appointees to handle matters within specific functions. Makes recommendations to Council on matters within their scope. Does not direct staff.  External Committees – created outside of Bayham Council but includes Bayham Council representative(s). May provide correspondence to Council on matters within their scope. Bayham currently utilizes Advisory, Independent and External Committees outlined in the chart below: Committee Type Authority By-law No. or Lead Entity Bayham Joint Cemetery Board Advisory Funeral, Burial and Cremation Services Act 2019-003 2015-116 2016-057 Blue Flag Beach Committee Advisory Blue Flag International 2019-003 Museums Bayham Advisory Council discretion 2019-003 Property Standards Committee Independent Ontario Building Code Act 2019-003 2018-036 Committee of Adjustment Independent Planning Act Municipality of Bayham Court of Revision Independent Drainage Act Municipality of Bayham Long Point Region Conservation Authority (LPRCA) External Conservation Authorities Act Long Point Region Conservation Authority Elgin Area Primary Water Supply System Joint Board of Management External Municipal Water & Sewage Systems Transfer Act City of London Port Burwell Secondary Water Supply System External Municipal Water & Sewage Systems Transfer Act Township of Malahide Elgin County Land Division Committee External Planning Act County of Elgin Elgin Group Joint Police Services Board External Police Services Act County of Elgin South Central Ontario Region (SCOR) EDC Board of Directors External Council discretion South Central Ontario Region Joint Otter Valley Utility Corridor Board of Management External Council discretion Town of Tillsonburg As a new term of Council has begun, staff are presenting this report to discuss and obtain direction for establishing Committees for the 2022-2026 Council term and streamlining various aspects of how Committees function including procedure, appointments, and reporting to Council. DISCUSSION Governing Documents By-law No. 2019-003, being a by-law to establish an advisory board and committee policy, houses the majority of committee information including appendices of committee Terms of Reference. However, 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, also houses committee information. With looking to streamline Advisory Committee documents, staff are recommending to have four (4) main documents for a committee to reference – one (1) Committee Policy, one (1) for procedural matters, one (1) for establishment and mandate, and one (1) for appointments. A sample Terms of Reference template is attached that outlines the information that will be within the individual establishing by-laws. Independent Committees do not require Terms of Reference as their mandate is specified in legislation such as Committee of Adjustment and Court of Revision but do require members to be appointed by by-law and the meeting processes to be spoken to in the procedural by-law. Committee Appointments Committee appointments are required to be established by by-law and are reviewed each term of Council. External committees that require Council representation are determined by the Mayor speaking with the Council to gage interest and all of Council providing direction to enact by by-law. Below outlines the suggested appointments to External Committees for the 2022- 2026 term for discussion: Committee Representatives Required Suggested Representative(s) Long Point Region Conservation Authority (LPRCA) 1 Member of Council (representing Bayham and Malahide) Tim Emerson or Rainey Weisler Elgin Area Primary Water Supply System Joint Board of Management 1 Member of Council (to be an alternate – represents Bayham, Malahide & Aylmer) Rainey Weisler or Tim Emerson (alternate) Port Burwell Secondary Water Supply System 2 Members of Council (1 to be an alternate) Rainey Weisler or Tim Emerson (primary) Dan Froese (alternate) Elgin County Land Division Committee 1 Member of the Public TBD – Applications closed December 9, 2022 at noon. Elgin Group Joint Police Services Board 1 Member of Council (representing Malahide & Bayham) Appointed by Malahide for this term SCOR EDC Board of Directors 2 Members of Council N/A at this time Joint Otter Valley Utility Corridor Board of Management 3 Members of Council Ed Ketchabaw Susan Chilcott Dan Froese No appointments are required to SCOR for 2022-2026 as the County of Elgin is taking care of this representation. The Land Division Committee appointment is a member of the public that Council recommends to Elgin County. This process is done through a formal application submitted to Council for consideration. Members of the public appointed to Advisory Committees follow the same application process as Elgin County’s Land Division Committee. Prior to advertisement, however, Council is required to determine what Committees of Council they wish for the 2022-2026 term. Once determined which committees will be enacted for the 2022-2026 term and Terms of References approved, staff will issue a “call for applications” to fill committee vacancies. The application form on the Bayham website is currently a scan of a hard copy and completed manually. Staff will be looking into creating an online form linked to the Bayham LaserFiche system (like service requests) to modernize this process. Appointments of Council members, identifying a Chair and Vice Chair to each Advisory Committee, will also need to be established and reflected in the Committee Appointment By-law and Terms of Reference. This process will be similar to the appointment of External Committees by members of Council discussing with the Mayor then decided by all of Council. Committees of Council for 2022-2026 Staff are looking for direction from Council of what Advisory Committees will be active for the 2022-2026 term. Staff do not recommend implementing Standing Committees for Bayham but Ad-Hoc Committees could possibly be of interest for one-off matters requiring short-term appointment. During the last term of Council, Bayham Council authorized a Blue Flag Beach Advisory Committee, Museums Bayham Committee, and Bayham Joint Cemetery Board. To ensure proper and uniform handling of Bayham’s substantial cemetery file, staff recommend continuation of the Bayham Joint Cemetery Board. Staff also recommend that a Committee address the Blue Flag Beach within its mandate. The overall nature of this Committee may, if Council chooses, be broader than just the Port Burwell East Beach however. It should be reiterated that Committees of Council are for a specific purpose and to make recommendations to Council. Committees are not to be formed to be “social clubs” with meetings not resulting in recommendations for Council to consider. Reporting to Council Once Committees are established, governing documents streamlined, and meetings begin taking place, staff intend to also streamline how information from Committees are presented to Council and vice versa. Committee minutes are in draft form until approved by the Committee. They will be put on a Council agenda under “Other Business” to be received for information. Any motions from committee minutes that include a formal recommendation to Council will be presented separately under “Other Business” using a standardized template. Council’s decision on a Committee recommendation will then be relayed back to the Committee in a similar format. Volunteer Appreciation Historically in the last year of a Council term, a volunteer appreciation gathering is hosted for members serving on Committees. Staff were unable to arrange this prior to the end of 2022 but are proposing an appreciation gathering on the evening of Thursday, January 26, 2023, where volunteers and Council members can mingle and enjoy some light refreshments and snacks. Official correspondence will be sent to volunteers and Councillors. ATTACHMENTS Attachment 1 – Sample Terms of Reference Template – Committee of Council. RECOMMENDATION 1. THAT Report CL-10/22 re 2022-2026 Committees of Council and Council Appointments be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham make the following appointments:  The Council of the Corporation of the Municipality of Bayham be appointed as the Committee of Adjustment;  The Council of the Corporation of the Municipality of Bayham be appointed as the Court of Revision;  ____ be appointed to the Long Point Region Conservation Authority Board of Directors;  ____ (alternate) be appointed to Elgin Area Primary Water Supply System Board;  ____ (primary) & ____ (alternate) be appointed to Port Burwell Secondary Water Supply System Board; and,  ____, ____ & ____ be appointed to the Joint Otter Valley Utility Corridor Board of Management. 3. AND THAT Council provide direction to staff regarding Committees of Council for the 2022-2026 term. Respectively Submitted by: Reviewed by: ___________________________ _____________________________ Meagan Elliott Thomas Thayer, CMO Deputy Clerk CAO|Clerk Terms of Reference COMMITTEE 1. PURPOSE 2. DUTIES 3. MEMBERS AND APPOINTMENTS 4. MEETINGS 5. ADMINISTRATIVE SUPPORT 6. REPORTING RELATIONSHIP 7. TERMINATION AND AMENDMENTS 8. OTHER REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: December 15, 2022 REPORT: CAO-69/22 SUBJECT: 2023 INSURANCE RENEWAL BACKGROUND On December 20, 2018, the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-78/18 re 2019 Insurance Renewal be received for information; AND THAT the 2019 Municipal Insurance Program be obtained from Frank Cowan Company Limited in accordance with the offer to renew dated October 29, 2018, at a total premium of $126,649 plus applicable taxes. AND THAT staff be directed to issue a Municipal Insurance Program Request for Proposals (RFP) process in July 2019 for the 2020 Municipal Insurance Program. The Municipality of Bayham retained Joy Jackson, FCIP, RF, Cunnart Associates to:  Review and advise on the draft RFP 19-01 Insurance & Risk Management Services document; and  Upon receipt of responses to RFP 19-01 Insurance & Risk Management Services to provide a written comparison of the responses along with a recommendation. Based on the results of RFP 19-01, JLT Canada (now Marsh Canada Limited) was deemed the successful bidder with a total annual premium (excluding HST) of $118,428. Bayham has been renewing its insurance annually with Marsh Canada Limited since the 2020 calendar year. At its September 15, 2022 meeting, Council received Report CAO-47/22 re 2023 Insurance Update. The Report provided Council in interim update on discussions with our Municipal Insurer regarding coverage and premiums for 2023. At the time, it was identified to Council that specific liability and umbrella increases are projected at 7 and 10%, respectively, and property values were requested to be inflated by a minimum of 10% to account for inflation. The Report also identified: “Staff, at this time, are recommending that Bayham renew with Marsh Canada Limited for 2023. Renewal documentation is due to Marsh by the end of September and it is functionally too late into the calendar to issue an RFP, and review and award same to a proponent. When the renewal premium is known, a follow-up Report will come to Council for direction. Staff, at that time, will also seek direction to go to market in 2023 for the 2024 renewal.” Report CAO-47/22 was provided for information purposes. DISCUSSION On November 30, 2022, the Municipality of Bayham received its 2023 Municipal Insurance Renewal in the amount of $203,681 plus applicable taxes from Marsh Canada Limited. This is a 16.4% increase over the insurance renewal information received by Council for 2022. However, this is less than the allocation accounted for in the 2023-2024 Operating Budget, to be considered by Council on January 18, 2023. The overall property insurance market pricing has been impacted by the events of 2020-2022. Automobile coverage was up 3%, Municipal General Liability and Umbrella Liability were up 10- 15%, while property was up 32%. This is primarily due to Bayham’s loss ratio and claims history being historically high, including a recent Public Works claim. The 2023 Insurance Program is consistent with the 2020, 2021, and 2022 renewals, updated for inflation and revisions to Auto, Building, and Contents as needed. Consistent with 2022, cyber liability has been excluded from general liability. The Municipality of Bayham does not have standalone cyber liability insurance at this time, however, it is being looked into and considered outside of the general policy. Since RFP 19-01 and the commencement of our current three-year relationship with Marsh Canada Limited as the Municipal Insurer in 2020, the premium (before tax) has increased by $85,253 or 71.9%. This is an annual year-over-year increase of approximately 20%/annum, is unsustainable in the long-term, and necessitates a market comparison to ensure Bayham is receiving the best package possible for its insurance coverage. Due to ongoing increases in premiums, staff have identified insurance and risk management as an item for market review in 2023. Accordingly, the recommendation to Council is to obtain the renewal from Marsh for the 2023 Municipal Insurance Program and review insurance coverages and providers in 2023 for the 2024 Municipal Insurance Program. RECOMMENDATION 1. THAT Report CAO-69/22 re 2023 Insurance Renewal be received for information; 2. AND THAT the 2023 Municipal Insurance Program be obtained from Marsh Canada Limited in accordance with the offer to renew dated November 30, 2022, at a total premium of $203,681 plus applicable taxes; 3. AND THAT staff be directed issue a Municipal Insurance Program Request for Proposals (RFP) process in 2023 for the 2024 Municipal Insurance Program. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: December 15, 2022 REPORT: CAO-70/22 SUBJECT: AGREEMENT FOR BUILDING SERVICES SUPPORT – HILLENAAR – SIX (6)- MONTH CONTRACT BACKGROUND The Municipality of Bayham employees a Chief Building Official (CBO) as the sole employee in the Municipality’s Building Services department. The CBO oversees general administration of building services for the Municipality, including plans review and inspections under the Ontario Building Code. At its March 3, 2022 meeting, Council received Report CAO-05/22 re Agreement for Building Services Support and passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report CAO-05/22 re Agreement for Building Services Support be received for information; AND THAT Council authorize an Agreement between the Municipality of Bayham and Hillenaar Consulting Inc. for the provision of building services for the Municipality of Bayham; AND THAT Paul Hillenaar be appointed as Chief Building Official for the Municipality of Bayham, effective April 1, 2022; AND THAT Steve Adams be appointed as Drainage Superintendent for the Municipality of Bayham, effective April 1, 2022; AND THAT the appropriate by-laws be brought forward for Council’s consideration. In accordance, Council adopted By-law No. 2022-021 to adopt Paul Hillenaar as CBO for the Municipality of Bayham, and By-law No. 2022-020 to enter into an Agreement for Building Services Support. The Agreement noted a four-month term from April 1, 2022 until August 1, 2022, where both parties may agree to either extend the Agreement on the agreed-upon terms or revise said Agreement, with the proposed changes presented to Council for consideration. In accordance and by way of Report CAO-30/22, received by Council on June 16, 2022, the applicable Agreement was extended until December 31, 2022 and included a revised mileage rate to recognize inflationary pressures on fuel costs. DISCUSSION In November 2022, Hillenaar advised of his inability to provide Building Services Support himself as he is out of the country for a three (3)-month period in Q1 2023. However, Hillenaar is onboarding a new individual working under his corporate entity. Chris Peck is joining Hillenaar Consulting Inc. effective January 1, 2023. Mr. Peck recently retired from the City of St. Thomas, where he was the City’s Chief Building Official (CBO). Mr. Peck will be backfilling for Paul Hillenaar during his absence and as such a Report to Council is necessary to identify this temporary organizational change and authorize a By-law to appoint Mr. Peck as Deputy Chief Building Official. This arrangement will necessitate a new contract with Hillenaar for Buildng Services Support. The draft Agreement is attached hereto. While much of the new draft Agreement is the same as the current, the hourly rate has been revised to recognize the expansion of Hillenaar’s operation and additional operational overhead. Hourly Mileage (per km) Current Agreement $75 $0.64 Proposed $100 $0.64 It is worth noting that other Building Code Agencies such as Hillenaar utilizing hourly rates of $135-145/hr so the rate provided herein is 30 percent less than competing organizations that provide these services. The Treasurer has been consulted and operationally the increased costs can be accounted for within the scope of the proposed 2023-2024 Operating Budget, forthcoming to Council. As a further note for Council, Staff are in the final stages of a legal review with Malahide on a comprehensive Shared Services Agreement encompassing Building, Planning, and By-law Services. It is expected that this will come to Council in January 2023. Thus, the six (6)-month term proposed in the draft Agreement would provide Building Services coverage to Bayham during such time as it would take to shift functions to the appropriate municipalities (Bayham or Malahide) per the Agreement. Staff are recommending approval to enter into the Agreement as drafted, which would take the Agreement through June 30, 2023, and appoint Chris Peck as Deputy Chief Building Official, which gives Peck full powers under the Building Code Act and Ontario Building Code. It is expected the Mr. Peck will be on-site at the same agreed-upon rates for the same days of the week. As Council is also aware, staff continue to review an Agreement and work with Malahide on a shared servicing arrangement, including Building Services, to provide a more permanent solution. ATTACHMENTS 1. Draft Agreement – Building Services – Hillenaar RECOMMENDATION 1. THAT Report CAO-70/22 re Agreement for Building Services Support – Hillenaar – Six (6)-Month Contract be received for information; 2. AND THAT Council enter into an Agreement between the Municipality of Bayham and Hillenaar Consulting Inc. for the provision of building services for the Municipality of Bayham; 3. AND THAT the appropriate by-laws to enter into an Agreement for building service and to appoint a Deputy Chief Building Official be brought forward for Council’s consideration. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk CONSULTING SERVICES AGREEMENT This consulting services agreement is between: Municipality of Bayham (“ Bayham “) - and- Paul Hillenaar (“Consultant “) The parties agree as follows: 1. Retainer (1) Bayham hereby retains the Consultant to provide the consulting services set out herein (the "Services"), and the Consultant shall provide those Services to Bayham under the general direction and control of Bayham and subject to the provisions of this agreement. 2. Services (1) The Services include the following: (a) Provide Building Official duties which includes dealing with staff and public, (b) Complete plans examination and inspection services by reviewing plans and corresponding with the public and staff; (c) Building inspections and issuance of building permits where applicable. (d) With the consent of the Consultant, the Municipality may, in writing, delete, add to, vary or otherwise alter the Services. (2) The Consultant shall, provide services in accordance with the work plan commencing January 2, 2023 and ending June 30, 2023. (3) The Consultant shall provide the Services skillfully, competently, efficiently, effectively and economically, complete in every particular, in a good and worker like manner, consistent with industry standards and current state of the art principles, law and practice, to the satisfaction of the Municipality, and, unless approved by Bayham otherwise, in accordance with the staffing schedule and within the estimated time lines and estimated budgets. 3. Personnel (1) The Consultant shall provide the Services through Personnel approved in writing by Bayham. The Personnel approved for this project are as follows: (a) Paul Hillenaar (b) Chris Peck (2) The Consultant shall ensure that its Personnel have the requisite competence, knowledge, skill, ability, experience, expertise and Ministry of Housing Qualifications and certifications required to provide the Services. Upon request, the Consultant shall deliver to the Township confirmation that the Province of Ontario has certified that the Consultant is authorized to provide the Services in a form satisfactory to Bayham, acting reasonably. 4. Work Product (1} All information in any form, prepared by or for the Consultant as part of the Services (the "Work Product") shall be, unless approved by Bayham in writing to the contrary, the sole property of Bayham and Bayham shall own the copyright to all such information . If the Consultant owns any Work Product, or the copyright or any intellectual property in any Work Product during the term of this Agreement, the Consultant hereby transfers and assigns such ownership, copyright and intellectual property rights to Bayham. (2) The Consultant shall promptly sign all documents and take all actions that may be necessary to ensure that Bayham owns the Work Product, the copyright and the intellectual property rights in the Work Product. The Consultant further covenants that it shall cause its representatives to duly transfer and assign any of their ownership, copyrights and intellectual property rights to Bayham. (3) The Consultant waives any and all moral rights arising under the Copyright Act, R.S.O. 1985, c. C-42 (the "Moral Rights") in the Work Product as against Bayham. The Consultant shall ensure that anyone other than the Consultant, who has any Moral Rights in the Work Product, shall waive all such Moral Rights as against the Consultant and Bayham. 5. Use of Confidential Information (1) In this agreement the following terms have the corresponding meanings: (a) "Confidential Information" means any information, whether oral, written, visual, electronic, or in any other form, which is identified as confidential or that would reasonably be considered as being confidential; (b} "Disclosing Party" means the party disclosing Confidential Information; (c) "Insider" means, in respect of a party, every director, officer, partner, associate, employee, sub-consultant, contractor or agent of the party; and (d) "Receiving Party" means the party receiving Confidential Information, and includes all Insiders. (e) The Receiving Party shall use Confidential Information relating to the Services only for the purposes of this agreement. (2) Except as provided in this agreement, the Receiving Party shall keep confidential all Confidential Information disclosed to it by the Disclosing Party. (3) The Receiving Party shall not copy or transcribe into another form, any Confidential Information received from the Disclosing Party except as reasonably necessary. (4) The Receiving Party shall protect the Confidential Information disclosed to it by the Disclosing Party, in the same manner and to the same extent that it protects its own Confidential Information. (5) Upon the termination of this agreement, or earlier upon the request of the Disclosing Party, the Receiving Party shall promptly return (as directed by the Disclosing Party) all copies of the Confidential Information disclosed to the Receiving Party. (6) The Receiving Party may disclose Confidential Information if: (a) The Disclosing Party consents; (b) The Receiving Party is required by law to disclose it; or (c) The Confidential Information is generally and publicly available. (7) If the Receiving Party is required by law to disclose Confidential Information, it shall promptly notify the Disclosing Party so that the Disclosing Party may intervene to prevent the disclosure. (8) The Receiving Party shall ensure that all Insiders of the Receiving Party comply with all the foregoing provisions regarding the use of Confidential Information and the Receiving Party shall be responsible for any failure by any Insider to do so. (9) All the foregoing provisions regarding the use of Confidential Information shall remain in effect for five years after the termination of this agreement. (10) The harm that would be suffered by a party in the event of a breach of any of the foregoing provisions regarding the use of Confidential Information by the other party would not be compensable by monetary damages alone. Therefore, a party shall be entitled, in addition to any other remedies, to seek an injunction against a breach or threatened breach of any such provision. 6. Contacts and Communication (1) The Consultant shall treat Paul Hillenaar as Bayham's principal contact and source of instructions in respect of all aspects of this agreement, unless otherwise directed or permitted in writing by Bayham. (2) Bayham shall treat Paul Hillenaar as the Consultant's principal contact and source of reporting in respect of all aspects of this agreement, unless otherwise directed or permitted in writing by Bayham. (3) The Consultant shall not communicate with the media about the Services except with the prior written approval of Bayham. 7. Chargeable Amounts (1) The Consultant shall, at its own sole cost, and at no cost to Bayham, except as specifically provided in this agreement or agreed to by Bayham in writing, obtain and supply all work, labour, Personnel, sub-consultants, travel, plant, accommodations, equipment, materials, supplies and administrative, technical or other support necessary to provide the Services, including insurance, local or long distance telephone, facsimile, postage, courier or other transportation or communication costs, and photocopying, printing or other reproduction costs. For greater certainty, the Consultant shall not, unless specifically agreed to by Bayham in writing, charge any of such costs to Bayham as disbursements. (2) Bayham reserves the right to provide any of the above at no cost to the Consultant (3) The Consultant will be compensated at a rate of $0.64 per kilometer to and from the Consultant’s home location and for travel within the Township when on Township related business when a Municipal vehicle is not available. (4) The Consultant may charge Bayham for the provision of the Services amounts based on the following fee rates: $ 100.00 per hour or such other amounts, which are agreed to in writing by the parties for specific portions of the Services. The Consultant shall not increase any fee rate unless Bayham has provided its prior written consent. (5) The Consultant may charge Bayham for any Harmonized Sales Tax payable on the fees and disbursements charged to Bayham by the Consultant. (6) The Consultant shall not charge Bayham for value-added or premium billing. (7) Notwithstanding anything to the contrary contained in this agreement, if Bayham decides at any time, for any reason, to discontinue a particular portion of the Services, the Consultant shall not charge Bayham for any amount over and above payment, including payment on a pro-rated basis if applicable, for the chargeable fees and disbursements incurred in respect of such discontinued portion of the Services up to the date that Bayham gives to the Consultant written notice of such decision to discontinue that portion of the Services, or a later date if work, already commenced by the Consultant, cannot reasonably be discontinued until such later date. (8) Notwithstanding anything to the contrary contained in this agreement, if this agreement is terminated prior to completion of the provision of the Services, the Consultant shall not charge Bayham for any amount over and above payment, including payment on a pro-rated basis if applicable, for the chargeable fees and disbursements incurred up to the effective date of such termination, or a later date if work, already commenced by the Consultant, cannot reasonably be discontinued until such later date. 8. Accounts (1) The Consultant shall provide detailed monthly accounts of amounts charged for its provision of the Services, including the following particulars: (a) the number of hours worked and hourly rate, for each of its Personnel; (b} the amount of approved disbursements for which the Consultant is requesting reimbursement; and (c) The amount of Harmonized Sales Tax payable on its fees and disbursements. (2) If requested by Bayham, the Consultant shall make available to Bayham full accounts, records, receipts, vouchers and documents for the purpose of substantiating its charges. 9. Payment (1) Bayham shall pay the Consultant the properly charged amounts incurred by the Consultant in providing the Services. (2) Despite any other provision in this agreement, Bayham may obtain a review of any account rendered by the Consultant, and is not required to pay such account until the review has been completed. Bayham is not required to pay any interest on any account in respect of any time during which such account is under review. 10. Indemnification and Insurance (1) The Consultant shall indemnify Bayham and members of council, officers, employees, contractors and agents, against all losses and liabilities related to acts or omissions, in connection with this agreement, of the Consultant or any person for whom the Consultant is in law responsible. The Consultant shall, at Bayham's election, either assume Bayham's defense of any proceeding brought in respect of such loss or liability, or cooperate with Bayham in the defense, including providing Bayham with prompt notice of any possible loss or liability and providing Bayham with all information and material relevant to the possible loss or liability. This section will survive the termination of this agreement. (2) The Consultant shall not be liable for costs or damages arising from errors or omissions in any of the information which is supplied to the Consultant by Bayham. (3) Without restricting the generality of the provisions in this agreement related to indemnification, the Consultant shall obtain, and for as long as this agreement is in effect, maintain, pay for and, upon request by Bayham from time to time, provide evidence, satisfactory to Bayham, of the following insurance coverages, all taken out with insurers licensed to transact insurance business in Ontario and satisfactory to Bayham: (a) Professional Liability Insurance i. To a limit of not less than two million dollars ($2,000,000) inclusive per occurrence; and, ii. Subject to an annual aggregate of two million dollars ($2,000,000). 11. Employment Insurance and Workplace Safety and Insurance Act The Consultant shall, at all times, pay or cause to be paid any assessment or compensation required to be paid pursuant to the Workplace Safety and Insurance Act. Bayham will accept responsibility for obtaining from or on behalf of a Proponent a current Certificate of Clearance. The cost of this certificate will be deducted from any amounts owing to the Consultant. 12. Compliance with Law and Policies (1) The Consultant shall comply with all applicable federal, provincial and local laws, regulations and rules. (2) If the Services include testimony by any Personnel, as an expert witness, before any court or tribunal, the Consultant shall ensure that such Personnel sign such forms and follow such procedures as may be required of expert witnesses before such court or tribunal. (3) The Consultant shall comply with Bayham's Occupational Health and Safety policies, Workplace Safety and Insurance requirements and Human Rights policies. (4) The Consultant shall comply with the provisions, to the extent that they are applicable, of the Accessibility for Ontarians with Disabilities Act, 2005 and regulations thereunder, in respect of all goods or services provided by the Consultant on behalf of Bayham. Without limiting the generality of the foregoing, the Consultant shall ensure that all of its Personnel, subcontractors and others for whom it is at law responsible, receive training about the provision of the goods and services contemplated herein to persons with disabilities, in accordance with section 6 of Ontario Regulation 429/07,Accessibility Standards for Customer Service, made under the Accessibility for Ontarians with Disabilities Act, 2005. This training includes, but is not limited to, training relating to, and ensuring compliance with, the policies, practices and procedures of the Township respecting the provision of goods and services to persons with disabilities. (5) Any reference in this agreement to legislation, policies or rules is to such legislation, policies or rules as amended, extended, re-enacted or replaced. 13. Relationship between Parties (1) The Consultant is an independent contractor of Bayham. The Consultant shall not, except as Bayham may specifically authorize in writing, enter into any contracts or commitments in the name of or on behalf of Bayham, or bind Bayham in any respect whatsoever. The Consultant is not a partner, joint venturer, agent or employee of Bayham. (2) This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior commitment, representation, warranty, arrangement, understanding or agreement, written or oral, collateral or other, with respect to the subject matter hereof, existing between the parties at the date of execution of this agreement. (3) Until five years after the termination of this agreement, the Consultant shall not, except with the prior written approval of Bayham, enter into any relationship with any person, other than Bayham, in respect of consulting services which touch on any of the matters or issues which form the subject matter of the Services. 14. Bayham Responsibilities (1) Bayham shall provide instructions, guidance and assistance to the Consultant relating to the provision of the Services. (2) Bayham shall use reasonable efforts to make available any relevant municipal reports, background information, data, drawings, plans, surveys and any other materials relevant to the Services, which are in its possession, for use by the Consultant, and shall make available, at reasonable times, Bayham employees for the purpose of any necessary consultation. (3) Bayham shall provide the following equipment for use by the consultant when carrying out his duties within Bayham: a) Municipal owned vehicle (including fuel). If a vehicle is not available, the Consultant will be compensated for the use of their own vehicle in accordance with section 7. (3) of this agreement. 15. Notices (1) A party required or permitted under this agreement to give any notification or communication ("Notice") shall give it in writing and shall deliver it by personal delivery, email, facsimile, courier or prepaid regular mail to an address of the other party provided for herein. (2) Either party may from time to time change any of its addresses by Notice given in accordance with this section. (3) The initial addresses for Bayham are as follows: P.O. Box 160 56169 Heritage Line Straffordville ON N0J 1Y0 (4) The initial addresses for the Consultant are as follows: Paul Hillenaar 12 Melissa Court Ayr ON N0B 1E0 16. Force Majeure (1) Whenever and to the extent a party is unable to fulfil, or is delayed or restricted in fulfilling, any of the obligations under this agreement by reason of any cause beyond the party's reasonable control, then the time for fulfilling such obligation is to be extended for such reasonable time as may be required by the party to fulfil such obligation, provided that any such inability, delay or restriction does not relate to any extent to any act or omission by such party or any of its employees, agents or others for whom it is at law responsible, and further provided that the party seeking such extension submits promptly to the other party a written Notice of extension of time and the specific reason and expected duration of such extension. 17. Waiver (1) A party may waive any of its rights, powers or remedies hereunder. No waiver is effective unless made in writing. (2) The failure of either party to exercise any of its rights, powers or remedies hereunder or its delay in doing so, does not constitute a waiver of any rights, powers or remedies. A single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the subsequent exercise of any other right, power or remedy. 18. Termination (1) The Municipality may, with or without cause, terminate this agreement upon at least 30 days written notice with a minimum agreement length of 3 months. (2) The Consultant may, with or without cause, terminate this agreement upon at least 30 days written notice. 19. Interpretation (1) (2) (3) (4) (5) 20. Signing This agreement is to be construed with all changes in number and gender as may be required by the context. The division of this agreement into sections, subsections and clauses is for convenience of reference only and does not affect the interpretation. The obligations of the parties contained herein have, where applicable, the status of representations, warranties and covenants by the respective obligated party. This agreement is to be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Time is to be of the essence of this agreement, including if any extension is permitted. (1) The parties may sign this agreement in counterparts with the same effect as if the parties had executed the same document. Any counterparts are to be construed together and shall constitute one and the same original document. The parties shall deliver any executed counterparts of this agreement in accordance with the provisions set out in this agreement for delivery of Notices. (2) This agreement will become effective when both parties have signed it. The date this agreement is signed by the last party to sign it {as indicated by the date associated with that party's signature) will be deemed the date of this agreement. 21. Miscellaneous (1) All provisions of this agreement are severable, and if any provision is declared invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement remain in full force and effect. (2) This agreement is to enure to the benefit of and bind the parties and their respective heirs, executors, administrators, successors and permitted assigns. (3) No change or modification of this agreement is valid unless it is in writing and signed by each party. Each party is signing this agreement on the date stated opposite that party's signature. Date Thomas Thayer CAO|Clerk, Municipality Bayham ____________________ __________________________________ Date Ed Ketchabaw Mayor, Municipality Bayham Date Paul Hillenaar Consultant THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-076 A BY-LAW TO PROVIDE FOR AN INTERIM TAX LEVY WHEREAS Section 317 of The Municipal Act, 2001, Chapter 25, S.O. 2001, as amended, provides for an interim levy for 2021 on the assessment of property in the municipality rateable for local municipal purposes, subject to certain restrictions; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable and expedient that such a levy should be made; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT for the year 2023, the interim tax levying amounts to be levied, raised and collected on all real property taxable within the residential, farmland, pipeline, multi- residential, commercial and industrial classes, and liable to pay the same according to the last revised assessment roll, shall be fifty (50) percent (%) of the total amount of annualised taxes for municipal and school purposes levied on the property for the previous year, that is for the year 2022; 2. THAT the said interim tax levying amounts shall be due and payable in two instalments at the Municipality of Bayham Office at 56169 Heritage Line, Straffordville, on or before the following dates: FIRST INSTALMENT February 24, 2023 SECOND INSTALMENT May 26, 2023 Notice of such taxes due shall be sent by first class mail by the Tax Collector to those persons or firms liable for the payment of taxes; 5. THAT a charge as a penalty of one and one-quarter per cent on the amount of any outstanding taxes levied in 2023 shall be made on the first day of each calendar month thereafter in which default continues, until December 31st 2023, and any such additional amount shall be levied and collected in the same manner as if it had been originally imposed with and formed part of such levy; 6. THAT interest of one and one-quarter per cent on the amount of any taxes due and unpaid after December 31, 2023, shall be charged on the first day of each calendar month thereafter in which the default continues; 7. THAT taxes may be levied, in accordance with the provisions of this by-law on the assessment of property that is added to the assessment roll after this by-law is passed; By-law 2022-076 -2- 8. THAT the provisions of the Municipal Act with respect to the levy of the yearly rates and the collection of taxes apply mutatis mutandis to the levy of rates and collection of taxes under this by-law; 9. THAT this by-law shall become effective as of the 1st day of January 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-077 BEING A BY-LAW TO AUTHORIZE BORROWING FROM TIME TO TIME TO MEET CURRENT EXPENDITURES DURING THE FISCAL YEAR ENDING DECEMBER 31, 2023 WHEREAS the Municipal Act, 2001 S.O. 2001, Chapter 25, s.407, provides authority for a council by-law to authorize temporary borrowing, until taxes are collected, and until other revenues are received, to meet the current expenditures of the municipality for the year; AND WHEREAS the total amount which may be borrowed from all sources at any one time to meet the current expenditures of the municipality, except with the approval of the Ontario Municipal Board, is limited by Section 407 of the Municipal Act, 2001; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: Borrowing 1) The head of Council and the Treasurer are hereby authorized to Authority borrow from time to time by way of promissory note or bankers’ acceptance during the year 2023 (hereinafter referred to as the current year) such sums as may be necessary to meet, until the taxes are collected, and until other revenues are received, the current expenditures of the municipality and the other amounts that are set out in section 407 of the Municipal Act, 2001. Instruments 2) A promissory note or bankers’ acceptance made under Section 1 shall be signed by the head of Council or such other person as is authorized by by-law to sign it and by the Treasurer. Lenders 3) The lenders from whom amounts may be borrowed under authority of this by-law shall be the Royal Bank of Canada and such other lender(s) and reserve funds of the municipality as may be determined from time to time by resolution of the Council. Limit on 4) The total amount which may be borrowed at any one time under Borrowing this by-law, together with the total of any similar borrowings that have not been repaid, shall not exceed, from January 1st until September 30th of the current year, 50 percent of the estimated revenues of the municipality as set forth in the estimates adopted for that year. Such borrowing shall not exceed, from October 1st until December 31st of the current year, 25 percent of the said estimated revenues of the municipality as set forth in the estimates adopted for that year. For purposes of this by-law, the estimated revenues of the municipality shall not include revenues derivable or derived from B/L 2022-077 -2- (a) borrowings or issues of debentures, or (b) a surplus, including arrears of levies, or (c) a transfer from the capital fund, reserve funds or reserves. Borrowing 5) The Treasurer shall, at the time when any amount is borrowed Documents under this by-law, ensure that the lender is or has been furnished Required with a certified copy of this by-law, a certified copy of the resolution mentioned in Section 3 determining the lender if applicable and a copy of the estimates of the corporation adopted for the current year and also showing the total of any other amounts borrowed from any and all sources under authority of Section 407 of the Municipal Act, 2001 that have not been repaid. When 6) If the estimates for the current year have not been adopted at the Estimates Not time an amount is borrowed under this by-law. Adopted (a) the limitation on total borrowing shall be calculated for the time being upon the estimated revenues of the municipality as set forth in the estimates adopted for the previous year. The 2022 estimated amount of revenues applicable to the limitation on total borrowing is $15.5m. Charge on 7) All or any sums borrowed under this by-law shall, with interest Revenues thereon, be a charge upon the whole of the revenues of the municipality for the current year and for any preceding years as and when such revenues are received but such charge does not defeat or affect and is subject to any prior charge then subsisting in favour of any other lender. Directive to 8) The Treasurer is hereby authorized and directed to apply in Treasurer payment of all or any sums borrowed under this by-law, together with interest thereon, all or any of the money hereafter collected or received, either on account of or realized in respect of the taxes levied for the current year and preceding years or from any other source, which may lawfully be applied for such purpose. Effective Date 9) This by-law shall come into full force and effect the 1st day of January, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ___________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-078 BEING A BY-LAW TO APPOINT BY-LAW ENFORCEMENT AND PROPERTY STANDARD OFFICERS AND TO EXECUTE AN AGREEMENT WITH TENET SECURITY GROUP INC. FOR THESE SERVICES WITHIN THE MUNICIPALITY OF BAYHAM WHEREAS Section 227 of the Municipal Act, 2022, as amended, provides for officers and employees of the Municipality to carry out other duties required under this or any Act and other duties assigned by the Municipality; AND WHEREAS Section 15 of the Police Services Act, R. S. O. 1990, c. P.15, as amended, authorizes the appointment of Municipal Law Enforcement Officers who shall be peace officers for the purpose of enforcing the by- laws of the Municipality; AND WHEREAS Section 447.4(1) of the Municipal Act, 2001, as amended, without limiting Sections 9, 10 and 11, those sections authorize a Municipality to enter into agreements with a person or body in relation to matters of a mutual interest for the purpose of coordinating the enforcement of by- laws, statutes and regulations. 2006, c.32, Sched. A, S.184; AND WHEREAS Subsection 15. 2(1) of the Building Code Act, 1992, S.O. 1992, c.23, indicates where a by- law under section 15. 1 is in effect, an officer may, upon producing proper identification, enter upon any property at any reasonable time without a warrant for the purpose of inspecting the property to determine, (a) whether the property conforms with the standards prescribed in the by- law; or (b) whether an order made under subsection (2) has been complied with. 1997, c.24, s. 224(8); AND WHEREAS the Council of the Municipality of Bayham deems it desirable to appoint Municipal By- law Enforcement and Property Standard Officers; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Thomas Baker and any other employee of Tenet Security Group Inc. are hereby appointed to be Municipal By-Law Enforcement and Property Standard Officers for the Municipality of Bayham; 2. AND 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; 3. AND THAT this by-law take effect on the day of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ____________________________ _____________________________ MAYOR CLERK Page 1 of 12 By-Law 2022-078 THIS AGREEMENT made the day of , 2022 B E T W E E N: The Corporation of the Municipality of Bayham (hereinafter referred to as the “Municipality”) and Tenet Security Group Incorporated (hereinafter referred to as the “Service Provider") WHEREAS: 1. The Municipality from time to time passes certain by-laws that include regulations, restrictions, prohibitions or obligations that require enforcement; 2. The Municipality requires by-law enforcement officers and deems it expedient to enter into an agreement for the provision of by-law enforcement officer services for the purpose of enforcing municipal by-laws an provincial offences; 3. Section 2(1) of the Provincial Offences Act, RSO 1990, c. P. 33 states that a provincial offences officer means a by-law enforcement officer of any municipality while in the discharge of his or her duties, or, an officer, employee or agent of any municipality whose responsibilities include the enforcement of a by-law, an Act or a regulation under an Act, while in the discharge of his or her duties; 4. The Service Provider is prepared to provide by-law enforcement officer services to the Municipality. 5. The Service Provider and its by-law enforcement officer staff have the requisite skill, capability, experience and knowledge necessary to carry out the by-law enforcement officer services required; 6. The parties wish to formalize their contractual relationship through this Agreement. IN CONSIDERATION of the mutual covenants and other terms and conditions hereinafter contained, the parties hereby covenant, promise and agree each with the other as follows: Page 2 of 12 By-Law 2022-078 Definitions 1. In this Agreement, a) “Confidential Information” shall mean any information that meets the definition of Personal Information in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. c. M. 56, as may be amended or replaced, or meets the definition of Personal Health Information pursuant to the Personal Health Information Protection Act, 2004, S.O. 2004, c 3., as may be amended or replaced, or any other information that contains financial, technical, commercial, policy or strategy detail(s), or any like or similar information that having regard to its context should be reasonably understood to be confidential including information that has any commercial value; however, Confidential Information does not include any information that is already published in a publicly available forum; b) "CAO" means the person holding the position of Chief Administrative Officer of the Municipality or their designate; c) “Council” means the duly elected council of the Municipality; d) "Services" means the by-law enforcement officer services pursuant to this Agreement and as specified in clause 5 of this Agreement. General 2. The Municipality is a municipal corporation governed by Mayor and Council and operated by administration, who is hereby authorized to administer this Agreement save for those areas specifically limited herein. 3. The Service Provider is an Ontario corporation duly incorporated to the laws of the Province of Ontario. 4. The Schedules attached hereto are incorporated into and form part of this Agreement. Services of the Service Provider 5. The Service Provider agrees to perform the by-law enforcement services described in Schedule “A” to this Agreement. 6. The Parties hereto agree that where this Agreement has expired or terminated in accordance with the provisions herein, but a hearing date or other legal proceeding that may require the testimony or assistance of an employee or former employee of the Service Provider, the Service Provider shall ensure that such employee or former employee participates in such legal proceeding (including under Summons, where applicable) and the Municipality shall pay to the Service Provider such hourly fees as are set out in Schedule “B” to this Agreement, notwithstanding the Agreement has otherwise expired or been terminated. This section shall survive the termination or expiration of this Agreement. Page 3 of 12 By-Law 2022-078 Fees and Disbursements 7. The Municipality shall pay to the Service Provider for its Services the rates set out in Schedule “B” to this Agreement. 8. The Service Provider shall render an invoice for the Services that shall provide sufficient detail for the Municipality to determine the nature, hours and type of Services performed. 9. The Municipality shall pay each monthly invoice within 30 days of receipt of the invoice and upon satisfaction that the Services were rendered in accordance with the terms of this Agreement. Service Provider Covenants 10. The Service Provider hereby covenants as follows: a) to comply with all applicable laws, legislation, directives, rules and orders, whether International, Federal, Provincial, or local in providing the Services; b) to comply with the Workplace Safety and Insurance requirements (WSIA) and Human Rights policies; c) to obtain and keep current WSIB insurance, if applicable to its business; d) to ensure that the persons in their organizations who deal with members of the public or other third parties on behalf of the Municipality or who participate in developing the Municipality’s policies, practices and procedures governing the provision of goods and services to members of the public or other third parties receive training about the provision of goods or services to persons with disabilities as required by the Accessibility for Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended; e) to supply at its sole cost and expense all staff, equipment (save and except the basic materials and specialized devices set out in Schedule “B”), accommodations and technical assistance necessary to perform the Services and assume all overhead expenses in connection with the Services; f) that, in addition to complying with all applicable legislation, regulations, directions and orders of any regulatory body, the Service Provider covenants to comply with all policies of the Municipality applicable to consultants and contractors, which may include particular policies with regard to COVID-19 saftey. Where there is any conflict between applicable legislation, regulation, directions and orders, the Service Provider agrees to adhere to the highest standard established. In addition, the Service Provider agrees to review and execute any documents reasonably required by the Municipality in relation to its policies, including but not limited to acknowledgment agreements regarding the polices; g) that the Municipality shall be permitted to monitor the Services in such ways as the the Municipality CAO, or his or her designate, may determine; and h) to co-operate with the the Municipality CAO, or his or her designate, and to do all things necessary to enable the the Municipality CAO to evaluate the Services as required. Page 4 of 12 By-Law 2022-078 Service Provider Representations 11. The Service Provider hereby represents as follows: a) that it will not render Services that intentionally create a conflict of interest between the Municipality and Service Provider and/or any Third Party or any combination thereof; b) that where a conflict of interest is foreseeable in the provision of Services, it will identify the potential conflict as soon as practicable to the Director and the the Municipality CAO; c) that it understands that it must obtain its own financial, legal or other professional advice regarding the Services, and this Agreement, and that it has had the opportunity to do so; d) that it will refrain from contacting members of Council, members of the Land Division Committee, or the Warden without written approval from the the Municipality CAO, or his or her delegate; and e) that it will refrain from discussing the Services via the media or any social media services without written approval from the the Municipality CAO, or his or her delegate, provided that the Service Provider shall be entitled to mention the project and the Services provided as proof of the Service Provider’s experience with this type of work. Term and Termination 12. Subject to any renewal provisions, the term of this Agreement shall be from the effective date of this Agreement for a term of six (6) months, expiring on June 30, 2023 (the “Initial Term”). 13. The Municipality may renew this Agreement for two, one-year terms (“Renewal Term(s)”), in its sole discretion by providing written notice at least thirty (30) days prior the expiration of the Initial Term or any Renewal Term(s). 14. Either party may terminate this Agreement in its sole and unfettered discretion by providing sixty (60) days’ written notice of such termination. Municipal Termination 15. The Municipality may immediately terminate the Agreement upon giving notice to the Service Provider where: a) the Service Provider breaches any provisions of this Agreement, including but not limited to poor performance by the Service Provider in respect of the provision of Services as contemplated by this Agreement, the final determination of which is held by the Municipality in its unfettered discretion; b) the Service Provider is adjudged bankrupt, makes a general assignment for the benefit of its creditors or a receiver is appointed on account of the Service Provider’s insolvency; Page 5 of 12 By-Law 2022-078 c) the Service Provider breaches any confidentiality or conflict of interest obligation set out in this Agreement; d) the Service Provider, prior to or after executing the Agreement, makes a material misrepresentation or omission or provides materially inaccurate information to the Municipality; e) the Service Provider undergoes a change in control which adversely affects the Service Provider’s ability to satisfy some or all of its obligations under this Agreement; f) The Service Provider’s acts or omissions constitute a substantial failure of performance; or g) If the Service Provider assigns this Agreement without consent of the Municipality; the above rights of termination are in addition to all other rights of termination available under this Agreement, at law, or events of termination by operation of law. Indemnity 16. The Parties hereby agree that they will, from time to time, and at all times, well and truly save, keep harmless and fully indemnify the other party (the “Indemnified Party”), its successors and assigns, from and against all actions, claims and demands whatsoever which may be brought against or made upon the Indemnified Party and against all loss, liability, judgments, claims, costs, demands or expenses which the Indemnified Party may sustain, suffer or be put to: a) resulting from or arising out of any breach, violation or non-performance of any covenant, condition, agreement or other obligation in this Agreement to be fulfilled, kept, observed and performed by the Party; and b) resulting or occasioned by any wrongful act, default, omission or negligence of the Party and those for whom it is in law responsible, including but not limited to any damage to property and any injury to any person (including death). Insurance 17. The Parties shall each maintain a policy of Commercial General Liability insurance that shall: a) have a limit of liability of not less than Two Million Dollars ($2,000,000) inclusive for any occurrence; b) include damage caused by vehicles owned by the Party and used in conjunction with the work either within or outside the contract limits, and shall have a limit of liability of not less than $2,000,000 inclusive for any one occurrence; c) include Professional Liability / Errors and Omissions coverage of not less than Two Million Dollars ($2,000,000). d) be endorsed to include the other Party as additional insured. Page 6 of 12 By-Law 2022-078 Subcontractors 18. The Service Provider will be solely responsible for the payment of any subcontractors employed, engaged or retained by it for the purpose of assisting it in the discharge of its obligations under this Agreement. The employment, engagement or retainer of any subcontractors and/or sub-consultants must have received prior written approval from the Municipality. The Service Provider shall co-ordinate the services of all subcontractors so employed, engaged or retained by it, and the Service Provider shall be liable to the Municipality for costs or damages arising from errors or omissions of the subcontractors, or any of them. Confidential Information 19. Upon termination or expiry of this Agreement, the Service Provider shall return to the Municipality all written or descriptive matter, including but not limited to drawings, prints, descriptions or other papers, documents or any other material maintained in any format, including digital format, which contains any Confidential Information whatsoever. 20. The Service Provider shall ensure that upon termination or expiry of this Agreement, and in conformance with Section 6 of this Agreement, its employees or former employees shall keep their notebook as well as any and all notes contained therein in a secure location accessible to the employee or former employee for the purpose of providing disclosure as part of a Crown Brief or for providing evidence in any legal proceeding. 21. The Service Provider shall ensure that access to any information that meets the definition of Personal Information in the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. c. M. 56, as may be amended or replaced, or meets the definition of Personal Health Information pursuant to the Personal Health Information Protection Act, 2004, S.O. 2004, c 3., as may be amended or replaced, is only accessed by those employees of the Service Provider that need to access such information in the performance of their duties pursuant to this Agreement. 22. Except as expressly provided in this clause, no Confidential Information shall be disclosed by the Service Provider in any manner whatsoever without the approval in writing of the Director, and: a) the Service Provider shall hold all Confidential Information obtained in trust and confidence for the Municipality and shall not disclose any such Confidential Information, by publication or other means, to any person, company or other government agency nor use same for any other project other than for the benefit of the Municipality as may be authorized by the the Municipality CAO in writing; b) any request for such approval by the the Municipality CAO shall specifically state the benefit to the Municipality of the disclosure of the Confidential Information; c) any use of the Confidential Information shall be limited to the express purposes as set out in the approval of the the Municipality CAO; and d) the Service Provider shall not, at any time during or after the term of this Agreement, use any Confidential Information for the benefit of anyone other than the Municipality. Page 7 of 12 By-Law 2022-078 No Agency or Employment Relationship 23. The Service Provider and the Municipality agree that the Service Provider, its servants, agents and employees shall under no circumstances be deemed agents or representatives of the Municipality and except as the Municipality may specifically authorize in writing, shall have no right to enter into any contracts or commitments in the name of or on behalf of the Municipality or to bind the Municipality in any respect whatsoever. Right of Audit 24. The Service Provider shall furnish the Municipality and its authorized representatives with all such information as it, or they, may from time-to-time require with reference to such accounts, records, receipts, vouchers, and other documents. The Service Provider shall cause all such accounts, records, receipts, vouchers, and other documents to be preserved and kept available for audit and inspection at any reasonable time, and from time-to-time, until the expiration two (2) years from the date of termination of this Agreement or expiry of this Agreement, or until the expiration of such lesser or greater period of time as shall be approved in writing by the Municipality. Force Majeure 23. The performance of the respective parties hereto or their respective obligations hereunder shall be subject to force majeure, including, but not limited to, insurrections, riots, wars and warlike operations, explosions, governmental acts, epidemics, strikes, fires, accidents, acts of any public enemy, or any similar occurrence beyond the reasonable control of the party affected. Any party temporarily excused from performance hereunder by any such circumstances shall use its best efforts to avoid, remove or cure such circumstances and shall resume performance with utmost dispatch when such circumstances are removed or cured. Any party claiming circumstances as an excuse for delay in performance shall give prompt notice in writing thereof to the other party. Notices 24. Any notification or written communication required by or contemplated under the terms of this Agreement shall be in writing and sent by Registered Mail, Return Receipt Requested and which shall be deemed to have been delivered five business days after the date of mailing. Addresses for such notices shall be: If to the Service Provider: Tenet Security Group Attn: Ed Pimentel, President and Managing Director 34 Hardy Court Lucan, ON, N0M 2J0 Page 8 of 12 By-Law 2022-078 If to the Municipality : Thomas Thayer, CAO 56169 Heritage Line Straffordville, ON, N0J 1Y0 Miscellaneous 25. The waiver of any provision hereof or the failure of any party hereto to enforce any right hereunder shall apply to that provision or right only and shall not be deemed to affect the validity of the remainder hereof. 26. No departure from or waiver of the terms of this Agreement shall be deemed to authorize any prior or subsequent departure or waiver and the Municipality shall not be obligated to continue any departure or waiver or to permit any subsequent departure or waiver. 27. This Agreement shall be constructed with all changes in number and gender as may be required by the context. Any titles used within this document are for reference purposes only and not an aid to interpretation. 28. All obligations herein contained, although not expressed to be covenants, shall be deemed to be covenants. 29. Whenever a statement or provision in this Agreement is followed by words denoting inclusion or example and then a list of or reference to specific items, such list or reference shall not be read so as to limit the generality of that statement or provision, even if words such as “without limiting the generality of the foregoing” do not precede such list or reference. 30. The parties agree that all covenants and conditions contained in this Agreement shall be severable, and that should any covenant or condition in the Agreement be declared invalid or unenforceable by a court of competent jurisdiction, the remaining covenants and conditions and the remainder of the Agreement shall remain valid and not terminate thereby. 31. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. 32. This Agreement embodies the entire agreement between the parties with regard to the provision of deliverables and additional deliverables and supersedes any prior understanding or agreement, collateral, oral or otherwise with respect to the provision of the deliverables and additional deliverables, existing between the parties at the date of execution of the agreement. 33. This Agreement shall not be assignable by the Service Provider without the prior written consent of the Municipality, in its sole discretion. 34. This Agreement, executed in counterpart, may be exchanged by scanned or faxed copy. A combination of counterparts shall be deemed to be an original. Page 9 of 12 By-Law 2022-078 35. This Agreement shall enure to the benefit of, and be binding upon, the heirs, executors, administrators, successors and permitted assigns of the parties hereto. IN WITNESS WHEREOF, the Municipality and the Service Provider have respectively executed and delivered this Agreement on the date set out above. The Corporation of the Municipality of Bayham _________________ ____________________________________ Date Ed Ketchebaw, Mayor _________________ ____________________________________ Date Thomas Thayer, CAO|Clerk I/We have the authority to bind the Corporation. Tenet Security Group Incorporated _________________ ____________________________________ Date Name/Title: Ed Pimentel, President _________________ ____________________________________ Date Name/Title: I/We have authority to bind the Corporation. Page 10 of 12 By-Law 2022-078 Schedule 'A' 1. In performing the Services, the Service Provider shall ensure that the following duties, responsibilities and obligations are carried out to the standard of a competent by-law enforcement officer: ● Upon receiving a request or direction from the Municipality, investigate and/or enforce all applicable municipal by-laws and/or provincial legislation as authorized by the Municipality; ● Take appropriate enforcement action including issuing tickets, Orders and Swearing of Information and other legal documents, prepare witness statements and conduct interviews and if necessary, give evidence in Court; ● Provide uniformed response throughout the municipality including the provision of an appropriate identification badge indicating that the officer(s) represent the Municipality; ● Arrange for any law enforcement support for the purpose of keeping the peace or investigation of criminal matters when required for health and safety, with best efforts to consult with the CAO on where and when such law enforcement involvement may be necessary; ● Provide by-law enforcement coverage and/or presence at municipal or other special events, as directed by the CAO; ● Patrol municipal property, including parkways, for the purposes of by-law compliance, to prevent crime and monitor for any acts of trespass and vandalism; ● Provide written reports and summary of activity within seventy-two (72) hours of the end of a shift or call out to an enforcement matter; ● Provide monthly activity reports provided to the CAO or designate regarding open files; ● In consultation with the CAO, work with Ontario Provincial Police and any other agencies on municipal related matters and respond to any requests from the Ontario Provincial Police and other agencies in regard to municipal by-law matters; ● In consultation with the CAO, assist in any emergency situations and co-operate with all local emergency services. ● Work with the appointed solicitor of the Municipality for any legal/court proceedings, as required ● Provide trained and knowledgeable staff to perform the duties of by-law enforcement officer(s); ● Make recommendations to the Municipality about by-laws and municipal signage. ● Follow any enforcement policy set by the Council of the Municipality; ● Refrain from discussing the details of any by-law enforcement matter with the public or any individual councilor of the Municipality; ● Educate the public, whenever, possible, regarding municipal by-laws and the enforcement of such by-laws; ● Carry out any related duties as required and determined by the Municipality from time to time; ● Provision of a patrol vehicle that is readily identifiable and a mountain bike to assist with patrolling parks and trails if necessary; Page 11 of 12 By-Law 2022-078 ● Provision of a mobile phone and laptop to facilitate communications and by-law references; ● Maintain accurate records of complaints, logs and document occurrence reports; 2. The Services shall be delivered for six (6) hours per calendar week, subject to the following: a. Flexibility is afforded to the Service Provider to perform the Services such that they average six (6) hours per week, acknowledging that some calls for service may require additional time during some weeks that can be averaged out the following week. The Service Provider shall ensure that any intention to vary from the six (6) hours per week is communicated to the Municipality in writing. b. The Municipality shall have the ability, at any time and at its sole discretion, to limit the number of hours performed in a given calendar week (and such limitation may be expressed by a duration of multiple weeks) by so advising the Service Provider in writing via e-mail. The Service Provider acknowledges and agrees that there is no minimum guarantee of hours and that no compensation shall be paid where the Services have been instructed to be limited and/or not provided. 3. The Service Provider shall, generally, work jointly with the CAO to create a mutually agreeable service delivery model and coverage schedule. The Service provider acknowledges and agrees that enforcement may require evening and weekend shifts and may further require attendance at meetings of the Council of the Municipality, as requested. Page 12 of 12 By-Law 2022-078 Schedule 'B' FEES AND RATES 1. The Service Provider shall be paid the following rates for the Services: a) $70.00 per hour of by-law enforcement officer duty, exclusive of HST; b) During any statutory holiday, the rate set out in section 1(a) shall be time and a half, being $105.00 per hour, exclusive of HST; c) Where two (2) by-law enforcement officers are on-duty in one (1) patrol vehicle, then the rate for both by-law enforcement officers shall be $120.00 per hour, exclusive of HST, rather than multiplying the rate set out in section 1(a) by two. 2. Any specialized devices (e.g. decibel meters) shall be at the expense and supply of the Municipality; 3. The Municipality shall supply, at its own expense and in a volume adequate to the Services the following items: a) Administrative and operational forms/certificates, including office stationary, for the purposes of enforcement and prosecution; b) If applicable, end-user access to relevant software applications and information owned, managed or licensed by the Municipality for the purpose of aiding an investigation and incident documentation; c) Municipal boundary map; d) Postage for notices, orders and correspondence; THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2022-079 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND RAMONA PEIDL FOR PROVISION OF RECYCLING RECEPTACLE SERVICES WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement for the provision of recycling receptacle services in the Municipality of Bayham; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between the Municipality of Bayham and Ramona Peidl for the provision of recycling receptacle services; 2. THAT By-Law No. 2021-004 is hereby repealed; 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ___________________________ _____________________________ MAYOR CLERK AGREEMENT RECYCLING RECEPTACLE SERVICES THIS AGREEMENT DATED THE 1st DAY OF January, 2023. BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the “Municipality” of the First Part and Ramona Peidl (Hereinafter called the "Contractor") of the Second Part WHEREAS The Municipality contracts for Recycling Receptacle Services at various Municipally owned locations within the Municipality of Bayham; NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments required hereby, and such other consideration as the parties hereto deem acceptable, the parties agree as follows: Section 1- Definitions For the purposes of this Agreement, 1.1 "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.2 "CAO|Clerk" shall mean the Chief Administrative Officer|Clerk of the Municipality of Bayham or designate; Section 2 - General Provisions 2.1 The Contractor shall be solely responsible for Recycling Receptacle Services within the Municipality of Bayham for a three (3) year time period from 2023 – 2025 in accordance with this Agreement with an option to renew for further one (1) year periods at mutually agreed prices and in accordance with the reasonable directions given by the Manager of Public Works, or designate from time to time. 2.2 The Contractor hereby covenants to perform such services in accordance with the Service Guideline attached hereto as Appendix ‘A’. This appendix may be modified only upon mutual written agreement. 2.3 The Municipality hereby covenants to pay the agreed upon price as per Appendix ‘C’ to the Contractor within thirty (30) days from the receipt of invoice for services Invoices will be based on actual services provided the previous month. 2.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any damage will be repaired at the expense of the Contractor and approved by the Municipality. 2.5 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an additional insured in respect of all operations performed by or on behalf of the Municipality. The coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days prior written notice to the Municipality. A Certificate of Insurance shall be filed with the Municipality upon the signing of the Agreement and annually thereafter throughout the term of the Agreement. 2.6 The Contractor shall furnish to the Municipality, upon the execution of this Agreement, copies of the certificate of Insurance showing it has complied with the provisions of Section 2.5 including naming the Municipality as an additional inured. 2.7 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational Health and Safety Act and further agrees to take responsibility for any health and safety violation that may occur. The Contractor shall indemnify and save harmless the Municipality from any and all charges, fines, penalties and costs that may be incurred or paid by the Municipality. 2.8 The Contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating that all payments by the Contractor to the WSIB in conjunction with this Agreement have been made and that the Municipality will not be liable to the Board for future payments in connection with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly thereafter until the expiry or termination of this Agreement. 2.9 The Contractor shall indemnify and save harmless the Municipality from all injuries and accidents from any work undertaken as a result of this Agreement save and except from damage caused by the negligence of the Municipality or their employees. Section 3 – Administration 3.1 This Agreement shall take effect on the 1st day of January, 2023 and shall remain in effect for a period of three (3) years. 3.2 Payment shall be made in accordance with the attached Appendix ‘C’ net thirty (30) calendar days following receipt of invoice. 3.3 The Municipality or Contractor may terminate this Agreement for any reason upon giving eighty (80) days notice in writing to the other party. Such notice may be mailed by ordinary prepaid mail to the other party, and this Agreement shall terminate on the eightieth day following the date of the mailing. 3.4 Any notice required to be given under this Agreement must be in writing to the applicable address set out below: (a) in the case of the Municipality: Attention: CAO|Clerk Municipality of Bayham PO Box 160 56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521 cao@bayham.on.ca (b) in the case of the Contractor: Attention: Ramona Peidl 55867 Third Street PO Box 54 Straffordville, ON N0J 1Y0 Phone: 519-866-5957 Cell: 519-550-4298 ramona.peidl1964@gmail.com Section 4 - Agreement Definition 4.1 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa. IN WITNESS WHEREOF the parties have duly executed this Agreement this _____ day of ___________, ______. Authorized by )THE CORPORATION OF THE Bayham By-law No. 2022-079 )MUNICIPALITY OF BAYHAM ) ) ) _____________________________ ) Mayor ) ) _____________________________ ) Clerk WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal. SIGNED, SEALED AND DELIVERED, this _____ day of ____________, ______. In the presence of ) ) ) _______________________ ) ______________________________ Witness: ) Ramona Peidl APPENDIX ‘A’ RECYCLING RECEPTACLE SERVICES SCOPE OF WORK 1. GENERAL 1.1 Except as otherwise expressly provided herein, the contractor shall furnish all the necessary labour, materials and equipment to perform the work specified in this contract. 1.2 The contractor shall be solely responsible for loss or damage of his equipment and for any material delivered to him from whatsoever source. 1.3 The contractor shall be responsible for all damages caused during the execution of the work and shall impose as little inconvenience as possible on the residents during the performance of this contract. 1.4 All work performed by the contractor shall be executed to the satisfaction of the municipality. 1.5 Failure to provide and maintain a standard of service and workmanship acceptable to the Public Works Manager will, at his discretion, result in an alternate contractor being hired to do the work with the cost of the same deducted from payment to the original contractor. Repeated failure to meet municipal standards of service and workmanship will result in termination of the contract. 2. DESCRIPTION OF WORK – RECYCLING RECEPTACLE SERVICES 2.1 Empty refuse and recycling materials from the Public Space Receptacles throughout Municipality and place in the appropriate bins provided by the Municipality at 8354 Plank Rd. 2.2 Provide general litter pick up around the municipal containers as required. 3. SUPPLIES 3.1 The Municipality will supply bags for the insertion in public space receptacles. 4. SERVICE PERIOD 4.1 The services shall be provided three (3) times per week, Monday, Wednesday and Friday commencing annually on May 1st, and terminating October 31st. The service period may be extended by mutual agreement in writing. APPENDIX ‘B’ The Locations for the Public Space Receptacles would be as follows: a. (1) Port Burwell Memorial Park b. (2) Robinson Street, Port Burwell c. (1) Port Burwell Gazebo d. (1) Wellington Street, Port Burwell e. (1) Port Burwell Ball Diamond/Playground f. (1) Marine Museum, Port Burwell g. (1) Port Burwell Library h. (1) Vienna Memorial Park (Pavilion) i. (1) Vienna Community Centre Playground j. (1) Straffordville Library k. (6) Straffordville Community Centre i. New Front Doors ii. Front Diamond iii. Pavilion iv. Rear diamond v. Playground vi. Garbage Transfer Bin l. (1) Straffordville Intersection m. (2) Corinth Park i. Playground ii. Pavilion n. (1) Eden Playground o. (1) Richmond Playground The Municipality may add additional bins. APPENDIX ‘C’ WEEKLY FEE FOR SERVICES RECYCLNG RECEPTACLE SERVICES $375.30 SUB TOTAL $375.30 HST $ 48.79 WEEKLY TOTAL $424.09 At the request of the Municipality, the Contractor may perform additional services for the Recycling Receptacle Services at a rate of $21.00/hr. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-080 A BY-LAW TO AMEND BY-LAW 2022-011 BEING BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Subsection 3 (2) of the Building Code Act, S.O. 1992, c.23, as amended, provides that the council of each municipality shall appoint a chief building official and such inspectors as are necessary for the enforcement of the Act, in the areas in which the municipality has jurisdiction; AND WHEREAS, the Council of the Municipality of Bayham deems it necessary and expedient to amend By-law No. 2022-011, being a by-law to appoint municipal officers and employees for the purposes of the Municipality of Bayham. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law 2022-011 be amended to add the following: Deputy Chief Building Official Chris Peck 3. THAT this by-law shall come into force and take effect on January 1, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-081 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND HILLENAAR CONSULTING INC. (PAUL HILLENAAR) WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Council of the Municipality of Bayham is desirable to enter into an agreement with Paul Hillenaar for Chief Building Official duties; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between the Municipality of Bayham and Hillenaar Consulting Inc. (Paul Hillenaar); 2. AND THAT this by-law and agreement shall come into effect on January 1, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF DECEMBER 2022. ___________________________ _____________________________ MAYOR CLERK CONSULTING SERVICES AGREEMENT This consulting services agreement is between: Municipality of Bayham (“ Bayham “) - and- Paul Hillenaar (“Consultant “) The parties agree as follows: 1. Retainer (1) Bayham hereby retains the Consultant to provide the consulting services set out herein (the "Services"), and the Consultant shall provide those Services to Bayham under the general direction and control of Bayham and subject to the provisions of this agreement. 2. Services (1) The Services include the following: (a) Provide Building Official duties which includes dealing with staff and public, (b) Complete plans examination and inspection services by reviewing plans and corresponding with the public and staff; (c) Building inspections and issuance of building permits where applicable. (d) With the consent of the Consultant, the Municipality may, in writing, delete, add to, vary or otherwise alter the Services. (2) The Consultant shall, provide services in accordance with the work plan commencing January 2, 2023 and ending June 30, 2023. (3) The Consultant shall provide the Services skillfully, competently, efficiently, effectively and economically, complete in every particular, in a good and worker like manner, consistent with industry standards and current state of the art principles, law and practice, to the satisfaction of the Municipality, and, unless approved by Bayham otherwise, in accordance with the staffing schedule and within the estimated time lines and estimated budgets. 3. Personnel (1) The Consultant shall provide the Services through Personnel approved in writing by Bayham. The Personnel approved for this project are as follows: (a) Paul Hillenaar (b) Chris Peck (2) The Consultant shall ensure that its Personnel have the requisite competence, knowledge, skill, ability, experience, expertise and Ministry of Housing Qualifications and certifications required to provide the Services. Upon request, the Consultant shall deliver to the Township confirmation that the Province of Ontario has certified that the Consultant is authorized to provide the Services in a form satisfactory to Bayham, acting reasonably. 4. Work Product (1} All information in any form, prepared by or for the Consultant as part of the Services (the "Work Product") shall be, unless approved by Bayham in writing to the contrary, the sole property of Bayham and Bayham shall own the copyright to all such information . If the Consultant owns any Work Product, or the copyright or any intellectual property in any Work Product during the term of this Agreement, the Consultant hereby transfers and assigns such ownership, copyright and intellectual property rights to Bayham. (2) The Consultant shall promptly sign all documents and take all actions that may be necessary to ensure that Bayham owns the Work Product, the copyright and the intellectual property rights in the Work Product. The Consultant further covenants that it shall cause its representatives to duly transfer and assign any of their ownership, copyrights and intellectual property rights to Bayham. (3) The Consultant waives any and all moral rights arising under the Copyright Act, R.S.O. 1985, c. C-42 (the "Moral Rights") in the Work Product as against Bayham. The Consultant shall ensure that anyone other than the Consultant, who has any Moral Rights in the Work Product, shall waive all such Moral Rights as against the Consultant and Bayham. 5. Use of Confidential Information (1) In this agreement the following terms have the corresponding meanings: (a) "Confidential Information" means any information, whether oral, written, visual, electronic, or in any other form, which is identified as confidential or that would reasonably be considered as being confidential; (b} "Disclosing Party" means the party disclosing Confidential Information; (c) "Insider" means, in respect of a party, every director, officer, partner, associate, employee, sub-consultant, contractor or agent of the party; and (d) "Receiving Party" means the party receiving Confidential Information, and includes all Insiders. (e) The Receiving Party shall use Confidential Information relating to the Services only for the purposes of this agreement. (2) Except as provided in this agreement, the Receiving Party shall keep confidential all Confidential Information disclosed to it by the Disclosing Party. (3) The Receiving Party shall not copy or transcribe into another form, any Confidential Information received from the Disclosing Party except as reasonably necessary. (4) The Receiving Party shall protect the Confidential Information disclosed to it by the Disclosing Party, in the same manner and to the same extent that it protects its own Confidential Information. (5) Upon the termination of this agreement, or earlier upon the request of the Disclosing Party, the Receiving Party shall promptly return (as directed by the Disclosing Party) all copies of the Confidential Information disclosed to the Receiving Party. (6) The Receiving Party may disclose Confidential Information if: (a) The Disclosing Party consents; (b) The Receiving Party is required by law to disclose it; or (c) The Confidential Information is generally and publicly available. (7) If the Receiving Party is required by law to disclose Confidential Information, it shall promptly notify the Disclosing Party so that the Disclosing Party may intervene to prevent the disclosure. (8) The Receiving Party shall ensure that all Insiders of the Receiving Party comply with all the foregoing provisions regarding the use of Confidential Information and the Receiving Party shall be responsible for any failure by any Insider to do so. (9) All the foregoing provisions regarding the use of Confidential Information shall remain in effect for five years after the termination of this agreement. (10) The harm that would be suffered by a party in the event of a breach of any of the foregoing provisions regarding the use of Confidential Information by the other party would not be compensable by monetary damages alone. Therefore, a party shall be entitled, in addition to any other remedies, to seek an injunction against a breach or threatened breach of any such provision. 6. Contacts and Communication (1) The Consultant shall treat Paul Hillenaar as Bayham's principal contact and source of instructions in respect of all aspects of this agreement, unless otherwise directed or permitted in writing by Bayham. (2) Bayham shall treat Paul Hillenaar as the Consultant's principal contact and source of reporting in respect of all aspects of this agreement, unless otherwise directed or permitted in writing by Bayham. (3) The Consultant shall not communicate with the media about the Services except with the prior written approval of Bayham. 7. Chargeable Amounts (1) The Consultant shall, at its own sole cost, and at no cost to Bayham, except as specifically provided in this agreement or agreed to by Bayham in writing, obtain and supply all work, labour, Personnel, sub-consultants, travel, plant, accommodations, equipment, materials, supplies and administrative, technical or other support necessary to provide the Services, including insurance, local or long distance telephone, facsimile, postage, courier or other transportation or communication costs, and photocopying, printing or other reproduction costs. For greater certainty, the Consultant shall not, unless specifically agreed to by Bayham in writing, charge any of such costs to Bayham as disbursements. (2) Bayham reserves the right to provide any of the above at no cost to the Consultant (3) The Consultant will be compensated at a rate of $0.64 per kilometer to and from the Consultant’s home location and for travel within the Township when on Township related business when a Municipal vehicle is not available. (4) The Consultant may charge Bayham for the provision of the Services amounts based on the following fee rates: $ 100.00 per hour or such other amounts, which are agreed to in writing by the parties for specific portions of the Services. The Consultant shall not increase any fee rate unless Bayham has provided its prior written consent. (5) The Consultant may charge Bayham for any Harmonized Sales Tax payable on the fees and disbursements charged to Bayham by the Consultant. (6) The Consultant shall not charge Bayham for value-added or premium billing. (7) Notwithstanding anything to the contrary contained in this agreement, if Bayham decides at any time, for any reason, to discontinue a particular portion of the Services, the Consultant shall not charge Bayham for any amount over and above payment, including payment on a pro-rated basis if applicable, for the chargeable fees and disbursements incurred in respect of such discontinued portion of the Services up to the date that Bayham gives to the Consultant written notice of such decision to discontinue that portion of the Services, or a later date if work, already commenced by the Consultant, cannot reasonably be discontinued until such later date. (8) Notwithstanding anything to the contrary contained in this agreement, if this agreement is terminated prior to completion of the provision of the Services, the Consultant shall not charge Bayham for any amount over and above payment, including payment on a pro-rated basis if applicable, for the chargeable fees and disbursements incurred up to the effective date of such termination, or a later date if work, already commenced by the Consultant, cannot reasonably be discontinued until such later date. 8. Accounts (1) The Consultant shall provide detailed monthly accounts of amounts charged for its provision of the Services, including the following particulars: (a) the number of hours worked and hourly rate, for each of its Personnel; (b} the amount of approved disbursements for which the Consultant is requesting reimbursement; and (c) The amount of Harmonized Sales Tax payable on its fees and disbursements. (2) If requested by Bayham, the Consultant shall make available to Bayham full accounts, records, receipts, vouchers and documents for the purpose of substantiating its charges. 9. Payment (1) Bayham shall pay the Consultant the properly charged amounts incurred by the Consultant in providing the Services. (2) Despite any other provision in this agreement, Bayham may obtain a review of any account rendered by the Consultant, and is not required to pay such account until the review has been completed. Bayham is not required to pay any interest on any account in respect of any time during which such account is under review. 10. Indemnification and Insurance (1) The Consultant shall indemnify Bayham and members of council, officers, employees, contractors and agents, against all losses and liabilities related to acts or omissions, in connection with this agreement, of the Consultant or any person for whom the Consultant is in law responsible. The Consultant shall, at Bayham's election, either assume Bayham's defense of any proceeding brought in respect of such loss or liability, or cooperate with Bayham in the defense, including providing Bayham with prompt notice of any possible loss or liability and providing Bayham with all information and material relevant to the possible loss or liability. This section will survive the termination of this agreement. (2) The Consultant shall not be liable for costs or damages arising from errors or omissions in any of the information which is supplied to the Consultant by Bayham. (3) Without restricting the generality of the provisions in this agreement related to indemnification, the Consultant shall obtain, and for as long as this agreement is in effect, maintain, pay for and, upon request by Bayham from time to time, provide evidence, satisfactory to Bayham, of the following insurance coverages, all taken out with insurers licensed to transact insurance business in Ontario and satisfactory to Bayham: (a) Professional Liability Insurance i. To a limit of not less than two million dollars ($2,000,000) inclusive per occurrence; and, ii. Subject to an annual aggregate of two million dollars ($2,000,000). 11. Employment Insurance and Workplace Safety and Insurance Act The Consultant shall, at all times, pay or cause to be paid any assessment or compensation required to be paid pursuant to the Workplace Safety and Insurance Act. Bayham will accept responsibility for obtaining from or on behalf of a Proponent a current Certificate of Clearance. The cost of this certificate will be deducted from any amounts owing to the Consultant. 12. Compliance with Law and Policies (1) The Consultant shall comply with all applicable federal, provincial and local laws, regulations and rules. (2) If the Services include testimony by any Personnel, as an expert witness, before any court or tribunal, the Consultant shall ensure that such Personnel sign such forms and follow such procedures as may be required of expert witnesses before such court or tribunal. (3) The Consultant shall comply with Bayham's Occupational Health and Safety policies, Workplace Safety and Insurance requirements and Human Rights policies. (4) The Consultant shall comply with the provisions, to the extent that they are applicable, of the Accessibility for Ontarians with Disabilities Act, 2005 and regulations thereunder, in respect of all goods or services provided by the Consultant on behalf of Bayham. Without limiting the generality of the foregoing, the Consultant shall ensure that all of its Personnel, subcontractors and others for whom it is at law responsible, receive training about the provision of the goods and services contemplated herein to persons with disabilities, in accordance with section 6 of Ontario Regulation 429/07,Accessibility Standards for Customer Service, made under the Accessibility for Ontarians with Disabilities Act, 2005. This training includes, but is not limited to, training relating to, and ensuring compliance with, the policies, practices and procedures of the Township respecting the provision of goods and services to persons with disabilities. (5) Any reference in this agreement to legislation, policies or rules is to such legislation, policies or rules as amended, extended, re-enacted or replaced. 13. Relationship between Parties (1) The Consultant is an independent contractor of Bayham. The Consultant shall not, except as Bayham may specifically authorize in writing, enter into any contracts or commitments in the name of or on behalf of Bayham, or bind Bayham in any respect whatsoever. The Consultant is not a partner, joint venturer, agent or employee of Bayham. (2) This agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior commitment, representation, warranty, arrangement, understanding or agreement, written or oral, collateral or other, with respect to the subject matter hereof, existing between the parties at the date of execution of this agreement. (3) Until five years after the termination of this agreement, the Consultant shall not, except with the prior written approval of Bayham, enter into any relationship with any person, other than Bayham, in respect of consulting services which touch on any of the matters or issues which form the subject matter of the Services. 14. Bayham Responsibilities (1) Bayham shall provide instructions, guidance and assistance to the Consultant relating to the provision of the Services. (2) Bayham shall use reasonable efforts to make available any relevant municipal reports, background information, data, drawings, plans, surveys and any other materials relevant to the Services, which are in its possession, for use by the Consultant, and shall make available, at reasonable times, Bayham employees for the purpose of any necessary consultation. (3) Bayham shall provide the following equipment for use by the consultant when carrying out his duties within Bayham: a) Municipal owned vehicle (including fuel). If a vehicle is not available, the Consultant will be compensated for the use of their own vehicle in accordance with section 7. (3) of this agreement. 15. Notices (1) A party required or permitted under this agreement to give any notification or communication ("Notice") shall give it in writing and shall deliver it by personal delivery, email, facsimile, courier or prepaid regular mail to an address of the other party provided for herein. (2) Either party may from time to time change any of its addresses by Notice given in accordance with this section. (3) The initial addresses for Bayham are as follows: P.O. Box 160 56169 Heritage Line Straffordville ON N0J 1Y0 (4) The initial addresses for the Consultant are as follows: Paul Hillenaar 12 Melissa Court Ayr ON N0B 1E0 16. Force Majeure (1) Whenever and to the extent a party is unable to fulfil, or is delayed or restricted in fulfilling, any of the obligations under this agreement by reason of any cause beyond the party's reasonable control, then the time for fulfilling such obligation is to be extended for such reasonable time as may be required by the party to fulfil such obligation, provided that any such inability, delay or restriction does not relate to any extent to any act or omission by such party or any of its employees, agents or others for whom it is at law responsible, and further provided that the party seeking such extension submits promptly to the other party a written Notice of extension of time and the specific reason and expected duration of such extension. 17. Waiver (1) A party may waive any of its rights, powers or remedies hereunder. No waiver is effective unless made in writing. (2) The failure of either party to exercise any of its rights, powers or remedies hereunder or its delay in doing so, does not constitute a waiver of any rights, powers or remedies. A single or partial exercise of a right, power or remedy does not prevent its subsequent exercise or the subsequent exercise of any other right, power or remedy. 18. Termination (1) The Municipality may, with or without cause, terminate this agreement upon at least 30 days written notice with a minimum agreement length of 3 months. (2) The Consultant may, with or without cause, terminate this agreement upon at least 30 days written notice. 19. Interpretation (1) (2) (3) (4) (5) 20. Signing This agreement is to be construed with all changes in number and gender as may be required by the context. The division of this agreement into sections, subsections and clauses is for convenience of reference only and does not affect the interpretation. The obligations of the parties contained herein have, where applicable, the status of representations, warranties and covenants by the respective obligated party. This agreement is to be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. Time is to be of the essence of this agreement, including if any extension is permitted. (1) The parties may sign this agreement in counterparts with the same effect as if the parties had executed the same document. Any counterparts are to be construed together and shall constitute one and the same original document. The parties shall deliver any executed counterparts of this agreement in accordance with the provisions set out in this agreement for delivery of Notices. (2) This agreement will become effective when both parties have signed it. The date this agreement is signed by the last party to sign it {as indicated by the date associated with that party's signature) will be deemed the date of this agreement. 21. Miscellaneous (1) All provisions of this agreement are severable, and if any provision is declared invalid, void or unenforceable by a court of competent jurisdiction, the remaining provisions of this agreement remain in full force and effect. (2) This agreement is to enure to the benefit of and bind the parties and their respective heirs, executors, administrators, successors and permitted assigns. (3) No change or modification of this agreement is valid unless it is in writing and signed by each party. Each party is signing this agreement on the date stated opposite that party's signature. Date Thomas Thayer CAO|Clerk, Municipality Bayham ____________________ __________________________________ Date Ed Ketchabaw Mayor, Municipality Bayham Date Paul Hillenaar Consultant THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2022-082 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD DECEMBER 15, 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 December 15, 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 15th DAY OF DECEMBER 2022. ____________________________ _____________________________ MAYOR CLERK