HomeMy WebLinkAboutJanuary 19, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, January 19, 2023 7:00 p.m. 7:30 p.m. Planning Public Meeting The January 19, 2023 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
A. Laverne Kirkness, Barry Wade Homes Inc. re Beach House Lane Development 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held January 5, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
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A. Report PS-02/23 by Steve Adams, Manager of Public Works|Drainage Superintendent
re Bayham Bench Sponsorship Program
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting for a Proposed Zoning By-law Amendment – Latimer
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-03/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Official Plan Amendment OPA-01/22 and Zoning Amendment ZBA-02/22 M & R Glen and Barry Wade Homes Inc., 2 Robinson Street and 3 Erieus Street B. Report DS-04/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Amended Consent Applications E89-21 and E90-21, Community of Christ – Corinth Congregation C. Report DS-05/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E84-22 Janzen, J & S, 27 Union Street, Vienna
D. Report DS-06/23 by Margaret Underhill, Planning Coordinator|Deputy Clerk re Consent Application E85-22 Walsh, L and Walsh, L, 7 Oak Street, Vienna 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Elgin County re What’s New in Elgin – January 2023 B. LPRCA re December 7, 2022 Meeting Minutes C. Minister Steve Clark re Key Initiatives D. Melissa Schneider re Elgin County Farm Assessments and Tax Burden E. Elgin Group Police Services Board re Rural Speed Enforcement
F. Elgin Group Police Services Board re Speeding Fines G. Town of Cobourg re Bill 3, Strong Mayors, Building Homes Act
13.1.2 Requiring Action
A. Paul Trombley re Tax Relief Request 13.2 Reports to Council
A. Report CAO-03/23 by Thomas Thayer, CAO|Clerk and Harry Baranik, Fire Chief|By-law Enforcement Officer|CEMC re Debrief – December 23-25, 2022 Snow and Windstorm
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B. Report CAO-04/23 by Thomas Thayer, CAO|Clerk re Stop-Up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna 14. BY-LAWS A. By-law No. 2023-002 Being a by-law to adopt Official Plan Amendment Number 30
B. By-law No. 2023-003 Being a by-law to authorize the execution of a memorandum of understanding between the Corporation of the Municipality of Bayham and the Corporation of the Township of Malahide for Shared Services in By-law Enforcement, Planning, and Building C. By-law No. 2023-004 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 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera A. Confidential Report re Personal matters about an identifiable individual; labour relations,
employee negotiations (Fire Services)
B. Confidential Report re Labour relations, employee negotiations (Non-union
Compensation) 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
D. By-law No. 2023-005 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, January 5, 2023 7:00 p.m. The January 5, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *attended via Zoom COUNCILLORS TIMOTHY EMERSON
DAN FROESE *attended via Zoom SUSAN CHILCOTT STAFF PRESENT:
CAO|CLERK THOMAS THAYER DEPUTY CLERK MEAGAN ELLIOTT PLANNING COORDINATOR|DEPUTY CLERK MARGARET UNDERHILL
MANAGER OF CAPITAL PROJECTS| WATER/WASTEWATER ED ROLOSON FIRE CHIEF|BYLAW ENFORCEMENT OFFICER HARRY BARANIK 1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Mayor Ketchabaw wished everyone a happy new year and commented on the “Christmas blizzard” and thanked all those who volunteered their time to help the community.
5. PRESENTATIONS 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held December 13, 2022
B. Regular Council Meeting held December 15, 2022
C. Statutory Planning Meeting held December 15, 2022 Moved by: Councillor Chilcott
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Seconded by: Deputy Mayor Weisler THAT the minutes from the Special Council Meeting held December 13, 2022, the Regular Council Meeting held December 15, 2022 and the Statutory Planning Meeting held December
15, 2022 be approved as presented. CARRIED 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-01/23 by Ed Roloson, Water/Wastewater Operations re RFT-22-02 One (1) New
Half-Ton Four Wheel Drive Pickup Truck
Technical difficulties arose with the video function of the live-stream but audio remained.
Recorded votes were conducted.
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report PS-01/23 re RFT 22-02 One (1) New Half-Ton Four Wheel Drive Pickup Truck be received for information; AND THAT Council approve the procurement of One (1) New Half-Ton Four Wheel Drive Pickup Truck from Eichenberg Motors Ltd. in the total amount of $51,937.73+HST. Recorded vote: Member of Council YES NO
Councillor Timothy Emerson x Councillor Dan Froese x
Councillor Susan Chilcott x
Deputy Mayor Rainey Weisler x
Mayor Ed Ketchabaw x
CARRIED
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B. Report FR-01/23 by Harry Baranik, Fire Chief & Ed Roloson, Water/Wastewater Operations
re Capital Item No. FD-02 – Water Flow Survey
Moved by: Councillor Emerson Seconded by: Councillor Chilcott
THAT Report FR-01/23 re: Capital Item No. FD-02 – Water Flow Survey be received for information.
Recorded vote:
Member of Council YES NO
Councillor Timothy Emerson x Councillor Dan Froese x Councillor Susan Chilcott x
Deputy Mayor Rainey Weisler x
Mayor Ed Ketchabaw x
CARRIED
Council recessed at 7:22 p.m. to rectify the video issue and resumed at 7:33 p.m.
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of the Passing of Zoning By-law Amendment ZBA-04/22 – Vienna Farms Ltd. B. Notice of the Passing of Zoning By-law Amendment ZBA-03/22 – Bonnefield
C. Notice of Public Meeting for a Proposed Zoning By-law Amendment – Latimer Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT items 12.1.1 A – C be received for information.
CARRIED 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-01/23 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Draft Plan of Subdivision Application – 34T-BY202201, 11:28 Properties Inc. Eden Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Staff Report DS-01/23 regarding the Draft Plan of Subdivision 34T-BY202201 for 11:28 Properties Inc. be received for information;
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AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities
Act, 2015, it be pointed out that at the public participation meeting held June 2, 2022 associated with this application, verbal and written submissions were received; AND THAT all considerations regarding this matter were taken into account in Council’s decision passing this resolution; AND THAT Council supports the 33-lot Draft Plan of Subdivision to be developed in two Phases (Phase 1 - 23 lots and Phase 2 - 10 lots) in principle; AND THAT Council request the County of Elgin consider including the following as conditions of Draft Plan approval: 1. That the Owner shall provide a proposal for phased development of the subject property including all final plans showing the development of a 33-lot subdivision in two Phases – Phase 1 with 23 lots and Phase 2 with 10 lots. 2. Prior to the development of Phase 1 with 23 lots, that the Owner is responsible to obtain confirmation from the Municipality that there is sufficient capacity of the sanitary sewer system in Eden to provide adequate sanitary sewer services to the subdivision.
3. Upon the completion of Phase 1 and prior to the development of Phase 2 with 10 lots that the Owner is responsible to obtain confirmation from the Municipality that there is sufficient capacity of the sanitary sewer system in Eden to provide adequate sanitary
sewer services to the subdivision. 4. That the Owner shall provide confirmation through a desk-top review regarding the
potential for the subject property development along with existing and/or known proposed future development projects within the hamlet of Eden to result in long-term impacts to the sustainable yield of groundwater from the overburden aquifer or to significantly decrease base flow to any sensitive water courses as described in Section 4.3.3 of MECP Procedure D-5-5 to the satisfaction of the Municipality. 5. That the Owner shall provide confirmation regarding the need for re-sampling of Test Well 3 after disinfection by chlorination and subsequent performance of additional pumping to cycle sufficient water to flush any residual chlorine and stagnant water from the well bore, sand pack, and aquifer to assess whether the presence of Total Coliforms and/or background coliforms is persistent to the satisfaction of the Municipality.
6. That the Owner shall provide a Servicing Report for a multi-well simultaneous
pumping test utilizing a minimum of three wells, drilled on adjacent lots during Phase 1 of the development, and that it be conducted to empirically verify the calculations and conclusions provided in the amended Hydrogeologic Evaluation (prepared by Ian
D. Wilson Associates Ltd. and dated March 26, 2021 and amended (second amendment) on August 3, 2022 and to evaluate cumulative drawdown impacts simulating well usage by multiple properties at the same time and to confirm that the
proposed density is acceptable to the satisfaction of the Municipality. 7. That the streets on the Draft Plan shall be named to the satisfaction of the Municipality of Bayham.
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8. That the proposed Streets ‘A and ‘B’ on the Draft Plan shall be constructed in Phase 1 to municipal Design and Construction Standards to provide connection to Plank Road (County Road 19) and shall be dedicated as open public road prior to final approval.
9. That any open sides of road allowances created by this Draft Plan shall be terminated in 0.3 metre reserves to be conveyed to, and held in trust by, the Municipality as
applicable. 10. That the Owner shall provide easements as may be required for services, utility, or drainage purposes in a form satisfactory to the Municipality or utility. 11. That the Owner design and construct to provide adequate future connection to the municipal sewers for Phase 1 and Phase 2 lots and that the Subdivision Agreement shall make provision for the assumption and operation by the Municipality of Bayham of the sanitary sewer system within the Draft Plan, subject to the approval of the Municipality. 12. Prior to final approval, the Owner shall submit for approval, detailed servicing plans designed in accordance with the Municipality of Bayham Design and Construction Standards to the satisfaction of the Municipality.
13. That the Owner enters into a Subdivision Agreement containing provisions for the timing of the development in two Phases, pursuant to the authority of the Planning
Act, as amended, with the Municipality of Bayham wherein the Owner agrees to satisfy all the requirements, financial and otherwise, of the Municipality of Bayham concerning the installation of services including roads, utilities, storm water
management facilities and fire protection required for the development of the lands within the Plan with securities. 14. That prior to any grading or construction of the site and prior to final approval, the Owner shall submit the following: a) A final storm water management report to be submitted to the Municipality and Long Point Region Conservation authority for review and approval b) An erosion and siltation control plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval c) A final lot grading and drainage plan to the satisfaction of the Municipality and Long Point Region Conservation Authority for review and approval d) Completion of any necessary applications under the Drainage Act to provide a legal outlet for storm water use.
15. That any environmental protection measures recommended in the storm water management plan required by Condition 14 above, that are not capable of being addressed under the Ontario Water Resources Act, be implemented through the
Subdivision Agreement. 16. That any lands containing the storm water treatment system are to be assumed by
the Municipality, at the cost of the Owner. 17. The Subdivision Agreement shall include provisions that require the Owner to establish sidewalks and streetlights at no cost to the Municipality of Bayham to the
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satisfaction of the Municipality of Bayham Design and Construction Standards
including a sidewalk along Plank Road providing connection to the existing sidewalk along east side Plank Road (County Road 19) to the satisfaction of the County of Elgin.
18. That the “h2” holding symbol is removed by way of Zoning By-law Amendment to ensure orderly development through a Subdivision Agreement between the Owner
and the Municipality, which addresses financial and servicing impacts of new development to the Municipality. 19. That prior to final approval, the Owner provide an adequate guaranteed water supply system necessary for fire protection to the satisfaction of the Municipality Fire Chief. 20. That the Owner provides cash-in-lieu of parkland in accordance to the Municipality of Bayham Cash in Lieu of Parkland By-law 2020-053.
21. That the Subdivision Agreement between the Owner and the Municipality be registered against the lands to which it applies once the Plan of Subdivision has been registered. CARRIED
B. Report DS-02/23 by Thomas Thayer, CAO|Clerk re Building Services 4th Quarter Report Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT Staff Report DS-02/23 re 4th Quarter Report be received for information.
CARRIED 13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Newmarket re Bill 23, More Homes Built Faster Act, 2022 B. Town of West Lincoln re Bill 23, More Homes Built Faster Act, 2022
C. City of Cambridge re Bill 23, More Homes Built Faster Act, 2022
D. Municipality of North Perth re Bill 23, More Homes Built Faster Act, 2022
E. Municipality of Tweed re Natural Gas F. County of Elgin re December 2022 Economic Development Newsletter
G. LPRCA re Response to 2023 Draft Budget Correspondence Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson
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THAT items 13.1.1 A – G be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham supports item
13.1.1 D, Municipality of North Perth re Bill 21, More Homes Built Faster Act, 2022. CARRIED 13.1.2 Requiring Action
A. Desi Broughton re Port Burwell Ice Rink Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT the correspondence from Desi Broughton re Port Burwell Skating Rink be received for information; AND THAT the request to utilize the Port Burwell baseball diamond and access to hydro for an outdoor skating rink be approved. CARRIED 13.2 Reports to Council
A. Report CAO-02/23 by Thomas Thayer, CAO|Clerk re Port Burwell Lighthouse Heritage and
Structural Assessment Moved by: Councillor Emerson
Seconded by: Councillor Chilcott THAT Report CAO-02/23 re Port Burwell Lighthouse Heritage and Structural Assessment be received for information; AND THAT Council accept the Proposal for Heritage Architectural Services for the Port Burwell Lighthouse Recladding Project - Cladding Review, Structural Report, and Preparation of Existing Condition Drawings in the amount of $19,935.00. CARRIED 14. BY-LAWS 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler THAT the Council do now rise to enter into an “In Camera” Session at 8:15 p.m. to discuss:
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A. Confidential Report re Labour relations, employee negotiations (Shared Services)
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 9:20 p.m. and report on Confidential Report re Labour relations, employee negotiations (Shared Services) CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Confidential Report CAO-01/23 re re Labour relations, employee negotiations (Shared
Services) be received for information; AND THAT staff proceed as directed.
CARRIED 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-001 Being a by-law to confirm all actions of Council
Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Confirming By-law No. 2023-001 be read a first, second and third time and finally
passed. CARRIED 18. ADJOURNMENT
Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT the Council meeting be adjourned at 9:22 p.m.
CARRIED
MAYOR CLERK
REPORT
PHYSICAL SERVICES
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works/Drainage Superintendent
DATE: January 19, 2023
REPORT: PS-02/23 SUBJECT: BAYHAM BENCH SPONSORSHIP PROGRAM
BACKGROUND
Since 2013, the Municipality of Bayham, in partnership with the now-defunct Harbourfront Committee, have been installing benches. These benches are partly sponsored by current and past residents along with local businesses and associations. These benches are in various
locations across the municipality. However, 70 percent of these benches are located on the East Beach Pier and at Port Burwell Memorial Park.
The following reference chart indicates that the Municipality maintains 54 benches throughout the municipality at the following locations:
Bayham Bench Locations
Corinth Park 1
Straffordville Community Center 2
Straffordville Parkette 2
Vienna Memorial Park 3
Port Burwell Memorial Park 6
Port Burwell Gazebo 1
Port Burwell Pavilion/Ball park 1
Port Marine Museum/Lighthouse 3
Port Burwell / Pier 35
Total 54
Over the past seven (7) years, the following suppliers have been supplying material to complete the benches. The typical cost was $300, which covered the cost of the bench and plaque installed by the Municipality’s public works department.
I. Metal Frames- fabricated by John Knelsen II. Stainless Steel Metal Plaques by CQM ltd.
III. Cement Pads by Reid’s Precast and Concrete Products IV. Lumber/Hardware from Vienna Home Center V. Installation of the lumber and placement by the Public Works Department At the request of the current or past residents and of a commercial business or association, the Municipality would request the Applicant to fill out a Bench Sponsorship Agreement Form. This Agreement Form would identify the sponsor, the plaque inscription, and the date agreed upon. Since 2016, the cost of the sponsorship was $300 dollars with payment to the Municipality of Bayham. A donation/tax receipt would be provided from the Municipality upon request of the sponsor. As stated in the Bayham Bench Policy, the Municipality will maintain the Bench Plaque for a period of (10) years.
DISCUSSION
The program has seen many changes since 2016 including price inflation on all materials, number of benches in one location, and the folding of the Harbourfront committee. Benches from 2013 -2016 have now reached a maintenance point where the boards need to be replaced
and paint on the frames freshened. The cost to complete this nearing $100 in material and an estimate of 1-1.5 hours of staff time per bench. Staff believe that the existing 34 benches on Bayham’s East Pier has created more than enough seating options and viewing options for overlooking the East Beach and the Harbourfront. Staff would not consider any further benches be placed on the East Pier, but would instead encourage the utilization of a variety of other municipal public spaces in various locations within the Municipality. The following table identifies options that staff would consider if the bench program would continue. Location Number of Benches Port Burwell Lower Memorial Park 4
Adjacent to the Accessible Viewing Platform 2-3
Memorial Park between Strachan St. and Erieus St. 2-4
Port Burwell Community Park 4
Vienna Community Park 4
Vienna Memorial Park 4
Straffordville Community Park 4
Straffordville Library 1 Eden Community Park 2 Corinth Community Park 2 Richmond Community Park 2
Municipal-operated Cemeteries 10-15
Municipal staff have been in contact with different contractors and suppliers to continue the program. Currently, the cost to build the same steel-frame wood-planked benches will cost
$1,000 per bench, which would not include the time to install the boards and install the bench at its location. Installation of the bench on a soft surface requires a precast cement pad otherwise staff can fasten the bench to an existing hard surface, which would reduce this cost to approximately $850. However, utilization of a hard surface has generally been used up. Utilizing a recreation supplier to purchase the benches generally made of solid powder coated steel benches or recycled composite benches could also range from $1,400-2,500 these benches are normally seen in large city centres and parks. Options for Council
Expiring Agreements
Starting in Spring 2023, the agreed ten (10) years is up on some 7 benches at various locations and staff have prepared a couple of options for Council to consider on renewal of the plaques:
Option 1- Retire the plaque and return to sponsor. This would allow another sponsor to take the bench possibly at 30% ($300) of the cost of a new bench. The cost would cover new boards and paint, if required.
Option 2- Staff would reach out to sponsor and offer another chance to sponsor the bench for ten (10) years at the same rate as Option 1. The cost would cover new boards and paint, if required.
Option 3- Staff develop a sponsorship board/wall where plaques would be attached (ie. light tower at the end of the Pier) if the sponsor cannot be contacted or wishes not to take their plaque. The existing bench would be sponsored by a new sponsorship at 30% of the new bench. Future of the Bayham Bench Program Staff, in the past 4 years, have accepted the sponsors and completed the benches at the existing costs. Overages on the benches was generally charged to the Parks and Recreation Operating Budget. Currently, there are other items that are going over budget that are required to maintain park equipment. Moving ahead with the program and the updated costing would be
a significant overage to the accounts. The following options are presented.
Option 1- The bench program is suspended until further funding is allocated to the
program, possibly in 2024.
o Option 1a – The bench program is repealed in its entirety due to increased operational costs.
Option 2 – The bench program is suspended until external sponsorship or other funding of the program is made available to partially or fully fund the program.
Option 3- The new cost of the Bayham Bench Program is fully funded by the sponsor at a cost of $1,000 for ten (10) years. Full cost recovery. Staff have also reached out to many different municipalities and the past Bayham bench
program is by far the least costly to its participants. The general range is from $1,700 – $3,500 per bench across southern Ontario. However, most benches in these cases are a more expensive option and are a powder coated steel or composite bench. Many also utilize a 5-year
term with the option to extend at a cost of 25%-50% of the original cost.
Finally, should Council wish to move forward with the Bayham Bench Program still active, the Policy will have to be revised as certain contractors identified in the Policy are no longer able or willing to provide the identified services, which necessitates an update. ATTACHMENTS
1. By-law No. 2016-105, a By-law to adopt a Bayham bench program and Bayham Bench Program Sponsorship Policy, with attached Policy and Agreement. RECOMMENDATION THAT Report PS-02/23 re Bayham Bench Sponsorship Program be received for information; AND THAT Council provide direction regarding the three (3) options regarding expiring
agreements; AND THAT Council provide direction regarding the three (3) options for continuation or repeal of
the Bench Program; AND THAT, should Council opt to continue with the Bench Program, a revised Bayham Bench
Policy be presented to Council for review and adoption; AND THAT an appropriate by-law be brought forward for Council’s consideration. Respectively Submitted by: Reviewed by:
_________________________________ ______________________ Steve Adams Thomas Thayer, CMO Manager of Public Works/Drainage Superintendent CAO|Clerk
ZBA-09/22 REVISED NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED
ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM
APPLICANT: CRAIG AND LISA LATIMER LOCATION: 54296 HERITAGE LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning
By-law Amendment (ZBA-09/22).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, January 19, 2022 at 7:30 p.m. in the Municipal Council
Chambers, 56169 Heritage Line in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. The Meeting will allow for a hybrid meeting function – you may attend in person or watch virtually through the live-stream on the
Municipality of Bayham’s YouTube Channel. If you wish to participate virtually, contact the undersigned no later than 48 hours in advance of the meeting and a Zoom link can be provided.
THE PURPOSE of this By-law is to rezone a 3,844 m2 (0.95 acre) parcel of land from an Estate
Residential (ER) zone to a site-specific Estate Residential (ER-xx) zone to permit a site-specific
home occupation, agricultural use for onsite and home-based large agricultural vehicle repair with increased maximum floor area for an accessory building and Motor Vehicle Inspection Station
(MVIS) use; to permit an accessory building maximum floor area for the proposed use and personal storage of 470.1 m2 (5,059.9 ft2) whereas 95 m2 or 8% lot coverage, whichever is greater, is the permitted maximum; and to permit maximum height for an accessory building of
6.7 m (22 ft) whereas 6.0 m (19.7 feet) is the permitted maximum, in Zoning By-law Z456-2003. The lands are located at 54296 Heritage Line, west of Culloden Road.
THE EFFECT of this By-law will be to permit the operation of a small, owner-operated small business for the maintenance and repair of large agricultural vehicles inside the proposed oversized accessory building and as the base of operations for repairs offsite and storage of parts and repair equipment and to permit the owner to operate as part of the business a motor vehicle inspection station (MVIS) use to be authorized by the Ministry of Transportation.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed amendment. When possible, please consider utilizing written correspondence. Written comments are to be submitted on or before 12:00 Noon on Wednesday, January 11, 2023 to munderhill@bayham.on.ca or at the municipal office for inclusion in the public meeting agenda.
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-law is 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 amendment, you must make a written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 19th day of December 2022.
Margaret Underhill Planning Coordinator/Deputy Clerk
Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
January 2023
Welcome to a brand new year! The first quarter is often thought of as a time of quietreflection, of cozier times spent in the house in anticipation of warmer weather. We arehere to remind you that Elgin is Open All Year Round and our businesses continue todeliver world-class service over the winter months! From classes and experiences to retail,
dining, and accommodations, there's no need to hibernate and your favourite 2023memories await right here in our own backyard. With a whole year before us, full ofpossibility, we are so excited to experience Elgin with you over the coming months. Besure to keep a close eye on our social media feeds for suggestions on fun ways to spendyour winter weekends!
From all of us at Elgin County Economic Development and Tourism, we wish you a happyand prosperous New Year and look forward to working with you in 2023.
A big shoutout to Wayside Dining & Bar in Talbotville and owner Bob Patel (pictured left)for the incredible work they do to serve the community. In support of the Feed The Hungryprogram, which Bob and his team at the Wayside manage, they are raffling off ahandcrafted deer. To enter, Bob and Ankit ask that you stop into the Wayside Dining & Bar(10680 Sunset Dr, in Talbotville) and donate $25, or some goods for the cold (socks,blankets etc) and autograph the deer. Once their goal of $25,000 has been raised they willchoose one lucky winner who will win this handcrafted deer.
The Feed the Hungry Program operates around St. Thomas and area and supplies hotmeals for people in need. This season, Bob says, they have supplied over 450 Turkeydinners for those in need.
Pictured here with the deer are Bob and Ankit with representatives from both Elgin CountyEconomic Development and Tourism and Community and Cultural Services.
There is so much new and exciting happening in the town of Rodney! Our department isthrilled to join the Municipality of West Elgin in extending a warm welcome to someincredible new small businesses, 2 of which are featured below. Thanks to support fromthe My Main Street Program through the St. Thomas Economic Development Corporation,these local entrepreneurs have hit the ground running on providing high-quality productsand service, and they all make for a great trip out to the community. They look forward tomeeting you soon!
Vertere Living
Vertere Living is a lovely new shop and studio that's really painting the town! This is arecent venture (opened November 2022) by owner Tobi, who lives in West Lorne with herhusband, kids, and pets and works full-time in healthcare. What started as a furniturerestoration hobby born from childhood memories of looking for old bottles with her dad hasquickly become a growing business. She had previously worked on flipping thrifted andfound furniture pieces in a relative's garage space, and when that was no longer availableshe was able to find a new facility that has opened the door to more of a public-facing
opportunity.
Tobi's business name is centrered on the Latin word 'vertere,' which means 'to turn,' aterm that she feels symbolizes the process of taking an old, discarded piece of furnitureand making it into something new and beautiful. She sees that process as being tied to alarger 'turning' that she hopes to facilitate through her work, of shifting consumer valuestowards embracing pre-loved items and making more environmentally-conscious
purchasing choices. Tobi grounds this in the idea that we are all connected to the earth.She hopes that her work will demonstrate to consumers that alternative options exist to thelower-quality, higher-priced, increasingly difficult to obtain new furniture currently offeredby big-box stores.
This is truly a passion project for Tobi, who loves the organic process of getting inspiredby individual pieces and imagining their potential. She learns to do by doing and is alwaysinterested in developing new techniques and enhancing her skills. Both hobby andbusiness provide a no-pressure creative outlet where she is able to test the waters andgrow at her own pace, balanced with her family and work priorities.
In addition to Tobi's incredible refinished furniture pieces, the shop also features vintageitems, art, crafts, and gifts sourced from mainly women-owned small businesses andoperators who share her values. She hopes to introduce both in-person and virtualworkshops where people can learn the basics of furniture refinishing. She would also liketo develop an educational component to the business through encouraging people to
reimagine what they have instead of buying new.
Be sure to check out the shop's Instagram below, and keep an eye out for more beautifulcreations to come from the shop in 2023! All best wishes to Tobi for this exciting newbusiness putting Rodney on the map!
Vertere Living102 Furnival Road, Rodney N0L 2C0ContactWebsiteInstagram
FETCH Dog Grooming
There's a new groomer in town, and she's already got the tails wagging! We are thrilled towelcome Alex and FETCH Dog Grooming to Rodney at 226 Furnival, which has beenhome to a variety of downtown businesses over the years. This venture is a truehomecoming for Alex, who grew up in the village but moved to London when she was inhigh school.
While studying at Beal she was introduced to a summer job program and matched with aLondon dog groomer. This fateful arrangement was the perfect fit for kick-starting hercareer, but it also brought Alex full circle to a treasured childhood memory that in hindsightwas the event that got the ball rolling for her. She remembers that as a small child, herfamily had a dog that they took to the local groomer in West Lorne. One day, she was
allowed to stay for the appointment and help groom her dog, and the experience stuckwith her.
After getting her industry start in London, Alex eventually became an active member of theOntario Dog Grooming Association and is certified at multiple levels through the CanadianProfessional Pet Stylists. She decided to move back to the West Elgin area to open herown business, and she is already building a dedicated clientele. Alex says that she was
required to vow to treat every pet that comes through her business like her own upongraduation from grooming academy. This is something she takes very seriously, and as adog lover each day is living the dream.
Alex has already established herself as an industry trendsetter unique from othergroomers and she works hard to continually upgrade her skills to meet industry standards.She also competes in shows! On the home front, she observes that rural residents viewtheir dogs as working members of the family, and people put a great deal of time intoensuring that their beloved companions are in top form. Alex takes great care to treat thelocal pooch population as such when they come in for service.
Down the road, Alex hopes to continue building her clientele and pursuing further skilldevelopment. Given her experiences as a young person growing up in a rural area, sheprioritizes the facilitation of youth opportunities and would like to hire an assistant whocould be trained just as she was. What an incredible example of youth entrepreneurship,and of a rural young person using their skills to benefit their home community.
Congratulations, Alex, we are so proud of you!
FETCH Dog Grooming226 Furnival Rd., Rodney519) 868-4751Email: fetchdoggrooming226@gmail.comWebsite
Southwestern Ontario Development Fund
The newest SWODF application intake will be open from January 12, 2023 to February 23,2023. You can find more information about eligibility and the intake process HERE
For advice on developing and strengthening your application, you are encouraged tocontact your regional advisor or Business Advisory Services at:
Business Advisory Services - Western Region Main Officewesternregionbas@ontario.caToll-free: 1-800-267-6592
Skills Development Fund
The Skills Development Fund offers funding to organizations for innovative projects thataddress challenges to hiring, training or retaining workers, including apprentices, to driveOntario's economic growth. Applications are open until January 31, 2023. Details
Canada Summer Jobs
Canada Summer Jobs provides wage subsidies to employers with 50 or fewer full-time
employees to create quality summer work experiences for young people aged 15-30years. Applications are open until January 12, 2023 and more details are available HERE
Business Scale-up and Productivity- FedDev Ontario
Thinking of taking things to the next level? Funding under this stream helps to accelerate
the growth of firms and assist with the adoption of new, innovative technologies thatsupport scale-up, productivity, and the development of and entry into new markets to helpcompanies become globally competitive. More details HERE
Community Economic Development and Diversification- FedDev Ontario
Funding is available to businesses and not-for-profit organizations in small communitieswho are working to develop, diversify, and transform their local economies. DETAILS
Free Virtual Session- Challenges and Opportunities in the
Accommodation and Food Service Industry
Hosted by the Elgin-Middlesex-Oxford Workforce Planning and Development Board,January 19 at 11:00am. Details and registration HERE
Are you an Immigrant or Racialized Person who has Experienced Discrimination in St.Thomas or Elgin County in the Last Three Years?
If you are, and you have experienced discrimination in a Workplace Setting, in a PublicPlace, or By the Police, please consider participating in a virtual interview with researchers
at Western University.
By sharing your stories and feedback, you will help communities across the region becomemore inclusive and welcoming. If you are interested in participating, please fill out a shortsurvey and the researchers will contact you.
We want to hear from you! If you operate a tourism-related business in
Elgin County, the department would greatly appreciate your taking thetime to complete our quick survey summarizing the summer 2022
tourism season HERE. Thanks so much for your consideration!
Have an opportunity you'd like us to share? Please send details
to economicdevelopment@elgin.ca
Is 2023 the year you start working toward a new business or a new business growth
goal?
When was the last time you brushed up your business plan, or are you on the
journey without your map?
This FREE four-part Business Planning Boot Camp is designed to support
entrepreneurs to refresh their plan or start from scratch with the support needed to
polish it up too.
Because if you are looking for funds, you are going to need a plan.
If you are looking to grow, you are going to need a plan.
If you are looking to start, this is the starting line.
Join Sarah and Elle from the St. Thomas-Elgin Small Business Enterprise Centre in
January to start the new year strong! Signup here
Please consider quickly completing the Elgin-Middlesex-Oxford Workforce DevelopmentBoard's new Employer One Survey by clicking HERE The insights of businesses of allsizes and in all sectors are greatly appreciated and we hope to see a strong showing forElgin-specific data.
Attention all makers and crafters! Epiphany in Aylmer, a lovely artisan market, is lookingfor vendors to add to their local lineup. Check them out and get connected HERE
Provincial Government Updates
Ontario Helping Small and Medium-Sized Businesses Lower Electricity Costs
The Ontario government is launching a new pilot program to explore dynamic electricitypricing and its ability to lower electricity bills for small and medium-sized businessesincluding retail stores, commercial offices and farms. The pilots will test alternate pricingstructures that encourage participants to shift electricity consumption to hours whereelectricity demand is low, helping to reduce costs for businesses. The pilots will helpinform the government on the potential for alternate pricing options to provide electricitysystem benefits and in turn, lower electricity bills for all customers.
Small and medium-sized businesses, farms and community centres that are included in
the Class B electricity rate class and don’t have access to time-of-use or tiered rates maybe eligible to participate in the new pilot program. The OEB plans to open applications inearly 2023, check in with your MPP office for updates.
Ontario Providing Free Naloxone Kits in Workplaces by June 2023
The Ontario government is launching a first-of-its-kind program to make free naloxone kits(and free training) available at workplaces where there is a risk of staff witnessing orexperiencing an opioid overdose. Of the workers who died from opioid-related causes lastyear, 30 per cent were employed in construction – by far the most impacted industry. Bars
and nightclubs have also seen increased opioid usage and accidental overdoses, oftenbecause of recreational drugs laced with deadly opioids such as fentanyl and carfentanil.
Businesses can determine if they are eligible for the program and find additionalinformation on accessing naloxone kits and training at Ontario.ca/workplacenaloxone.Once the requirement is in effect, Ministry of Labour, Immigration, Training and SkillsDevelopment’s inspectors will take an education-first approach to enforcement.
Changes to the Employment Standards Act: business and IT consultants
Effective January 1, 2023, the Employment Standards Act (ESA) will no longer apply toemployees who are defined in the ESA as business consultants or information technologyconsultants, providing they meet specified criteria outlined in the Working for Workers Act.More information about the change will soon be published in Your Guide to the ESA. Inthe meantime, you can find the legislation set out in Schedule 2 of the Working for WorkersAct.
On December 14, staff attended the Elgin Federation of Agriculture's Annual GeneralMeeting at Great Lakes Farms near Port Stanley. It was a great evening to catch up withlocal farmers, hear about their news and concerns, and celebrate the amazing DonnaLunn's retirement from the board after an inspiring legacy of service to the Elgin agcommunity. Best wishes, Donna!
On December 20, staff attended an open house event hosted by Harvest Bowl, anincredible local organization that gleans Elgin-grown produce and processes it intonutritious soup mixes for our neighbours in need. We are so lucky to have such adedicated group of farmers, businesses, and volunteers in our community! Learn moreabout Harvest Bowl HERE
January 20 - PD Day Activities at Backus-Page House MuseumJanuary 20 and 21 - Paranormal Investigation event at Backus-Page HouseMuseum TICKETSJanuary 25 - Guided nature walk through John E. Pearce Provincial Park atBackus-Page House MuseumJanuary 27 7pm-8:30pm - New Year, New You Vision Board Workshop at the St.
Thomas-Elgin Public Art Centre (details below)January 28 - Quiz Night hosted by the Kiwanis Club of Rodney (details below)Saturdays in January 8am-3pm - The Old Imperial Farmers' Market
January Business after 5 hosted by the St. Thomas & District Chamber ofCommerce, January 18- Details
'The Pitch' annual business plan event hosted by the Elgin Business ResourceCentre, January 25- DETAILS AND TICKETS'Lunch with the Mayors' hosted by the St. Thomas and District Chamber ofCommerce, March 8- DETAILS AND TICKETS
Have an event you'd like us to share? Please send details to
economicdevelopment@elgin.ca
Elgin County Economic Development & Tourism |www.elgincounty.ca
Elgin County | 450 Sunset Drive, St. Thomas, N5R 5V1 Canada
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LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of December 7, 2022
Approved January 11, 2023
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 1 -
Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County
Robert Chambers County of Brant Valerie Donnell Municipality of Bayham/Township of Malahide Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County
Peter Ypma Township of South-West Oxford
Regrets:
Ken Hewitt Haldimand County
* S. Patterson advised in advance he would be late to the meeting
Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services 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, December 7, 2022.
2. Additional Agenda Items
There were no additional agenda items. 3. Declaration of Conflicts of Interest
None were declared. 4. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes of November 2, 2022
There were no questions or comments.
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 2 -
A-107/22 Moved by P. Ypma Seconded by V. Donnell
THAT the minutes of the LPRCA Board of Directors Meeting held November 2, 2022 be
approved as circulated. CARRIED
b) Board of Directors Meeting Minutes of November 9, 2022
There were no questions or comments. A-108/22 Moved by D. Beres
Seconded by M. Columbus
THAT the minutes of the LPRCA Board of Directors Budget Meeting held November 9,
2022 be approved as circulated. CARRIED
5. Business Arising
There was no business arising from the previous minutes. 6. Review of Committee Minutes
a) Backus Museum Committee Meeting of September 20, 2022
There were no questions or comments. A-109/22 Moved by T. Masschaele
Seconded by D. Brunton
THAT the minutes of the Backus Museum Committee meeting of September 20 2022
be approved as circulated. CARRIED
7. Correspondence
a) From Brant Waterways re: Support for local CAs and municipalities
concerning Bill 23
b) From County of Brant re: LPRCA Board Appointment
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 3 -
c) From Norfolk County re: LPRCA Board Appointments
d) From Peter Ypma re: 2022 Latornell Conference
Mr. Ypma found the symposium very enjoyable, although somewhat technical. Of
particular interest to Mr. Ypma was the concurrent session entitled Climate Change Impacts on Barrier Beaches and Coastal Wetlands, North Shore of Lake Erie presented by Peter Zuzek. Mr. Ypma thanked the Board for the opportunity to attend event.
A-110/22 Moved by P. Ypma Seconded by D. Beres
THAT the correspondence outlined in the Board of Directors Amended Agenda of
December 7, 2022 be received as information. CARRIED 8. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 30 applications were approved in the past month. LPRCA-227/22, LPRCA-233/22, LPRCA-235/22, LPRCA-236/22, LPRCA-237/22, LPRCA-238/22, LPRCA-239/22, LPRCA-240/22, LPRCA-241/22,
LPRCA-242/22, LPRCA-243/22, LPRCA-244/22, LPRCA-245/22, LPRCA-246/22, LPRCA-247/22, LPRCA-210/22-revised, LPRCA-248/22, LPRCA-249/22, LPRCA- 187/22-revised, LPRCA-250/22, LPRCA-251/22, LPRCA-253/22, LPRCA-254/22, LPRCA-255/22, LPRCA-256/22, LPRCA-257/22, LPRCA-258/22, LPRCA-259/22, LPRCA-260/22, and LPRCA-261/22.
All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A-111/22
Moved by T. Masschaele Seconded by V. Donnell
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved
Permits report dated December 7, 2022 as information.
CARRIED
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 4 -
9. New Business
a) General Manager’s Report
The General Manager provided an overview of operations this past month.
On November 28, Bill 23, More Homes Built Faster Act, received Royal Assent. However, comments continue to be accepted for Bill 23 through the Environmental Registry of Ontario (ERO) until Friday, December 8, 2022. Staff will continue submitting
comments that apply to LPRCA through the ERO. It appears that the impacts to LPRCA plan reviews may be minimal and until a regulation is released, the overall impact can not be assessed. The permitting processes remain the same with the exception of the new Minister’s Zoning Orders, and
Community Infrastructure and Housing Accelerator Orders being added to the
Conservation Authorities Act, Section 28.0.1. The Planning Department will continue with current processes until the new regulation is released.
A-112/22 Moved by M. Columbus Seconded by D. Brunton
That the LPRCA Board of Directors receives the General Manager’s Update for
November 2022 as information. CARRIED b) Ecological Surveys of Selected LPRCA Properties LPRCA contracts a qualified ecologist to survey properties for species at risk and species of concern on an annual basis. Staff retained the services of Natural Resource
Solutions Inc., as approved by the Board earlier this year, to complete the 2022 surveys
at four LPRCA properties. Recommendations within the report will be implemented during the marking and timber
harvesting process to ensure that sensitive species are not impacted, and to continue
LPRCA’s focus on ecologically sustainable forest management. Approximately 60%, or 7,600 acres, of LPRCA properties in the Managed Forest Tax Incentive Program have been surveyed to date.
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 5 -
A-113/22 Moved by P. Ypma
Seconded by T. Masschaele
THAT the LPRCA Board of Directors receives the Ecological Survey Report as
information. CARRIED
c) Forest Management Prescriptions/Operating Plans Using information provided in the ecological surveys, staff prepared prescriptions/ operating plans for four forest tracts that will receive some form of silvicultural treatment
in 2023 or 2024. Plans for the Harris Floyd (Block #4), Livsey, Abbott-Townsend, and
the McKonkey Tracts were presented for approval. Marking will be completed in preparation for tendering early next year or the following year.
A-114/22 Moved by D. Beres Seconded by V. Donnell
THAT the LPRCA Board of Directors approves the prescription/operating plans for the
Harris Floyd (Block #4) Tract at 856 5th Concession of Houghton Township, Livsey
Tract at 847 Windham Road 12 of Windham Township, Abbott Townsend Tract at 1065
1st Concession Road of Middleton Township and the McKonkey Tract at 4545 Hwy #59
of Middleton Township.
CARRIED
Stewart Patterson arrived at 7:05 p.m. No conflict declared. d) Invasive Species Program Management Report
In 2020, a number of environmental groups in Norfolk County formed a working group to manage and improve upland habitat. Environment and Climate Change Canada (ECCC) approved funding to the working group for a three-year period.
In 2021, LPRCA staff surveyed and mapped 548 acres on 18 forest tracts. In 2022, 14
tracts were treated for invasive species with the remaining four tracts to be completed in 2023.
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 6 -
A-115/22 Moved by C. Van Paassen Seconded by D. Brunton
THAT the LPRCA Board of Directors receives the Invasive Species Manage Program
Report as information. CARRIED
e) Healthy Watershed Services 2022 Update Leigh-Anne Mauthe presented an overview of the Healthy Watershed Services Department’s program responsibilities and the 2022 accomplishments.
The department partners with various agencies to help deliver its programs and services. Some the projects completed in 2022 include approximately 73,000 trees planted under the Private Tree Planting program, four erosion control projects, approximately 1,000
acres of cover crops funded with support from Environment and Climate Change Canada, and staff assisted on one Clean Water project. Water Quality Monitoring is completed in partnership with various provincial government agencies and Benthic Invertebrate sampling is undertaken to provide data for the
LPRCA Watershed Report Card and helps with restoration efforts. A-116/22 Moved by P. Ypma Seconded by S. Patterson
THAT the LPRCA Board of Directors receives the Healthy Watershed Services 2022
Update as information. CARRIED
f) Lake Erie Conditions Update A standing flood watch for Lake Erie was issued on May 15, 2019 due to the high static water levels at the time. The flood watch was downgraded to a standing shoreline conditions statement when the lake levels dropped slightly.
Throughout the last three years, the Lake Erie static water levels remained high. Numerous records were set and a number of flood watches and warnings were issued.
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 7 -
Lake levels have now dropped below the threshold for a standing Lake Flood Outlook statement and the statement has been terminated as of November 28, 2022. Lake Erie water levels are predicted to continue to drop.
A-117/22 Moved by T. Masschaele Seconded by D. Beres
THAT the LPRCA Board of Directors receives the termination of the standing Lake Erie
shoreline condition statement and Lake Erie Conditions Update report as information.
CARRIED
g) Fee Policy As discussed at the November 9 meeting, the amended Conservation Authorities Act now requires conservation authorities to have a Fee Policy in place by January 1, 2023, along with posted fee schedules.
The 2022 fees were approved January 5, 2022 as part of the 2022 Budget. Going forward, all fee schedules will be included as part of the budget package for approval. A-118/22
Moved by R. Chambers Seconded by P. Ypma
THAT the LPRCA Board of Directors approves the LPRCA Fee Policy as presented.
CARRIED h) Christmas Season Staff Appreciation As in the past, management requested approval to present LPRCA staff with a gift card
in appreciation of their work throughout the year and to mark the Christmas season. The expense was incorporated into the 2022 budget. A-119/22 Moved by D. Beres
Seconded by R. Chambers
THAT the LPRCA Board of Directors authorizes the General Manager to purchase gift
cards for staff in appreciation for their efforts of $50. CARRIED
FULL AUTHORITY COMMITTEE MEMBERS Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Valerie Donnell, Ken Hewitt, Tom Masschaele, Stewart Patterson, John Scholten, Chris Van Paassen, Peter Ypma - 8 -
Adjournment
The Chair adjourned the meeting at 7:25 p.m.
_______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer
/dm
234-2022-5422
January 4, 2023
Dear Heads of Council,
I’m pleased to share an update on key initiatives underway at my ministry to help meet our government’s goal of building 1.5 million new homes over the next 10 years.
The legislature recently passed our government’s More Homes Built Faster Act, 2022 which
takes bold action to ensure that all communities can grow with a mix of ownership and rental
housing types to meet the needs of all Ontarians.
Our government knows that building inspectors play a critical role in ensuring that new homes meet the public safety requirements set out in Ontario’s Building Code. However, the capacity of municipal building departments has been impacted by recruitment challenges and the
increasing number of building inspectors retiring from the profession. That’s why, earlier this
year, we took action to help municipalities address labour supply shortages in the building sector by amending the Building Code to provide a new model for municipal building departments to design and administer internship programs for building inspectors.
Effective July 1, 2022, municipal building departments can establish program entry criteria for
interns that meet their own local recruitment and enforcement needs. This new internship
model supports public safety by continuing to require that a qualified building inspector or Chief Building Official supervises the work of interns. The interns must also pass ministry technical and legal exams before being able to practice independently as building inspectors.
In the coming months, the ministry will develop guidance materials to support municipalities
that are interesting in launching local programs to recruit new intern building inspectors. We
look forward to working with municipalities to implement local internships.
Additionally, the ministry has engaged a consultant to identify opportunities for enhancements to the qualification program for building practitioners. We are seeking input from the public, including municipalities, building inspectors, designers, septic installers and building
professionals not regulated by the ministry. This feedback will help guide future decisions on
new approaches to qualification.
For more information and to review the discussion paper, please visit the Environmental Registry of Ontario (ERO) website at https://ero.ontario.ca/notice/019-6433.
…/2
Ministry of Municipal Affairs and Housing Office of the Minister 777 Bay Street, 17th Floor Toronto ON M7A 2J3 Tel.: 416 585-7000
Ministère des Affaires municipales et du Logement Bureau du ministre 777, rue Bay, 17e étage Toronto (Ontario) M7A 2J3 Tél. : 416 585-7000
-2-
In addition to this ongoing work, the ministry is modernizing the provincial Qualification and
Registration Tracking System (QuARTS). QuARTS is used by over 7,000 building practitioners to update their qualification and registration information online and to help the government regulate safety and compliance in the Ontario building industry.
Modernizing QuARTS will create a more efficient and user-friendly system, allowing building
officials to spend more time on the important task of reviewing and issuing building permits to
support the government’s key priority of increasing housing stock.
Finally, the ministry made the 2012 Building Code Compendium freely available in Adobe PDF format through the website (https://www.ontario.ca/page/request-digital-copy-2012-building-code-compendium). Since its launch in March 2022, the ministry has provided free
copies to over 5,000 building professionals to reduce barriers and help accelerate the
construction of new homes across the province. This initiative has enabled inspectors to access Building Code requirements while performing their work onsite in a more convenient format. Additionally, candidates studying for the ministry’s exams are able to access and learn Building Code content in an easy to navigate, user-friendly manner.
As part of the plan to build 1.5 million homes over the next 10 years, the government looks
forward to continuing consultations with municipalities, the building industry and the public)to investigate further changes to Ontario’s Building Code in order to create more housing and support public safety.
If you are interested in learning more about any of the ministry’s initiatives related to the
transformation of Building Code services in Ontario, please contact us at
BuildingTransformation@ontario.ca.
Thank you for your continued partnership as we work together to get more homes built faster for all Ontarians.
Sincerely,
Steve Clark
Minister c: Municipal Clerks
January 4, 2023
Warden Ed Ketchabaw
450 Sunset Drive St. Thomas,
ON N5R 5V1
Dear Warden Ketchabaw,
RE: Elgin County Farm Assessments and Tax Burden
On behalf of Elgin Federation of Agriculture (EFA) I wish to follow up on our letter dated February, 2021 to the
County of Elgin regarding Farm Assessments and Tax Burden.
Every four years the Municipal Property Assessment Corporation (MPAC) releases property assessment updates
for all properties in Ontario. During the previous assessment cycle, farmers in Elgin county saw farmland taxable
assessments increase by over 68%. This is in addition to very significant increases in the 2012 reassessment cycle.
As a result, the tax burden of farmers in Elgin county has been increasing every year since 2012. The one
exception was in 2019 when Elgin County Council voted to reduce the farm tax ratio from 0.25 to 0.23. I want to
thank you and the members of Elgin county council for acting on this important issue. The past three years (2019
– 2021) have been very difficult for Ontario farmers as they navigated new policies, rules, and ways of doing
business never before experienced. The support shown by council is greatly appreciated by farm families in Elgin
county.
As the Premier has directed MPAC not to release the 2016-2020 reassessment notices in 2021 and again for the
2022 Property Tax year, (and now perhaps also 2024), the EFA would ask that you continue to maintain the Farm
Class Tax rate at 0.23 per cent.
We welcome the opportunity to speak with any members of county council on this issue.
Sincerely,
Melissa Schneider
President, Elgin Federation of Agriculture
ELGIN GROUP POLICE SERVICES BOARD
Municipality of Bayham | Municipality of Central Elgin | Municipality of Dutton Dunwich
Municipality of West Elgin | Township of Malahide | Township of Southwold
Corporation of the County of Elgin
c/o Elgin Group Police Services Board
450 Sunset Drive
St. Thomas, Ontario N5R 5V1
December 22, 2022
Municipality of Bayham
P.O. Box 160, 56169 Heritage Line
Straffordville, ON N0J 1Y0
Dear Municipality of Bayham Council,
On November 28, 2022, the Elgin Group Police Services Board received correspondence from the
Municipality of Bayham regarding rural speed enforcement and discussed methods for enforcing speed
limits in Elgin County. Inspector Mark Loucas also provided an update on the OPP’s activities with respect
to speed enforcement in Elgin County.
In response to speeding concerns in the community, Elgin County OPP regularly engages in focus patrols
and speed enforcement, led by the Elgin County OPP Traffic Management Unit. Elgin County OPP also
has a strong media strategy to educate drivers on the dangers of speeding and to remind drivers to slow
down.
In addition to these measures, some local community groups have worked together with Elgin OPP to
curb speeding in their communities. For example, the Belmont and Area Community Policing Committee
recently raised over $9,000 to allow for the purchase of a pair of mobile speed signs. Elgin County OPP
will deploy these signs throughout the community in an effort to deter drivers from speeding. The goal of
deploying mobile speed signs is to increase voluntary compliance to the posted speed limit.
Communities interested in deploying mobile speed signs in their community are welcome to work with
Elgin OPP to purchase similar signs. Any signs purchased by a local community would remain in that
community as much as possible.
If you have any questions, please contact the Elgin Group PSB Secretary-Administrator at
ckrahn@elgin.ca.
Thank you,
Sincerely,
Carolyn Krahn
Secretary-Administrator, Elgin Group Police Services Board
ELGIN GROUP POLICE SERVICES BOARD
Municipality of Bayham | Municipality of Central Elgin | Municipality of Dutton Dunwich
Municipality of West Elgin | Township of Malahide | Township of Southwold
Corporation of the County of Elgin
c/o Elgin Group Police Services Board
450 Sunset Drive
St. Thomas, Ontario N5R 5V1
December 23, 2022
The Honourable Michael Kerzner
Solicitor General
25 Grosvenor Street
Toronto, ON M7A 1Y6
michael.kerzner@ontario.ca
Dear Hon. Michael Kerzner,
At its meeting held on November 28, 2022, the Elgin Group Police Services Board passed the following
resolution in support of reducing speeding on local roadways:
RESOLVED THAT the Secretary Administrator be directed to send correspondence to the
Ministry of the Solicitor General to advocate for increased fines for all levels of speeding; and
THAT this correspondence be sent to Elgin County’s Local Municipal Partners.
Speeding has become a growing concern on our roads, streets, and highways. Speeding remains one of
the leading factors of fatal, personal injury and property damage collisions on our roadways. While the
dangers of speeding are well known, the current driving culture considers driving 20 km/h over the speed
limit normal.
Since the street racing and stunt driving penalties were increased under the Ontario Highway Traffic Act,
we have seen a reduction in the number of charges laid. However, fines for other speeding infractions
have remained unchanged. The Elgin Group Police Services Board, therefore, respectfully requests that
the Ministry of the Solicitor General consider increasing fines for all levels of speeding in Ontario.
Sincerely,
Carolyn Krahn
Secretary Administrator, Elgin Group Police Services Board
cc. Local Municipal Partner Councils
The Corporation of the Town of Cobourg
Legislative Services Department
Victoria Hall
55 King Street West
Cobourg, ON K9A 2M2
Brent Larmer Municipal Clerk/ Manager of Legislative Services Telephone: (905) 372-4301 Ext. 4401 Email: blarmer@cobourg.ca Fax: (905) 372-7558
SENT VIA EMAIL December 28, 2022
David Piccini, Member of Provincial Parliament Hon. Doug Ford, Premier
Hon. Steve Clark, Minister of Municipal Affairs and Housing
Re: Town of Cobourg Resolution – Strong Mayors, Building Act, (Bill 3)
At a meeting held on December 19, 2022, the Municipal Council of the Town of Cobourg
approved the following Resolution #406-22
Strong Mayors, Building Act, (Bill 3)
Moved by Councillor Brian Darling, Seconded by Councillor Aaron Burchat
THAT Council receive the correspondence from the Municipality of Prince Edward
County, Township of Lanark Highlands Municipality of Greenstone regarding the
Strong Mayors, Building Act (Bill 3) for information purposes
AND FURTHER THAT Cobourg Council supports the resolutions from these
municipalities regarding Bill 3
AND FURTHER THAT Cobourg Council opposes the changes that Bill 3 makes to
the Municipal Act, 2001 and Municipal Conflict of Interest Act
AND FURTHER THAT Council direct the Municipal Clerk to send a copy of this
resolution be provided to the Premier of Ontario, the Minister of Municipal Affairs
and Housing, MPP David Piccini, all 444 municipalities, FCM, AMCTO, and AMO.
406-22 Carried
If you have any questions regarding this matter, please do not hesitate to contact the undersigned at blarmer@cobourg.ca or by telephone at (905)-372-4301 Ext. 4401.
Sincerely,
Brent Larmer Municipal Clerk/Manager of Legislative Services Returning Officer Legislative Services Department
203 Reycraft Avenue Glencoe, ON N0L 1M0
famfi.ca
From Paul Trombley, Manager
John Paul II Family Centre c/o Family Foundations Institute
203 Reycroft Ave., Glencoe, ON N0L 1M0 To Municipal Council of Bayham
56169 Heritage Line, Straffordville, ON
Re: Roll No.: 34-01-000-008-08300-0000 Property Description: 6679 Woodworth Rd, Con 3 S PT Lot 5 Reg, 12.52 AC 412.50 FR D
Respected sirs/madams
I am writing to request property tax relief for the John Paul II Family Centre (JP2 Centre) located at 6679 Woodworth Rd, Port Burwell. It is our understanding that the province has made provision for registered charities to gain relief from a portion of property taxes. The John Paul II Family Centre is owned by the
Family Foundations Institute (FFI) a non-profit registered charity (# 87860 8108 RR0001).
The property taxes for the JP2 Centre for 2022 were $13,056. As a registered charity we are requesting relief of our property tax amount for 2023. Relief of the JP2 Centre’s property taxes will help FFI to continue providing positive and encouraging camp experiences for youth and families, at a reasonable cost
to users and in a manner that is financially sustainable for FFI.
Family Foundations Institute is a non-profit registered charity, established 2005. FFI is governed by a Board of Directors and employs five part time individuals. FFI’s mission is to connect, encourage, and inform families through initiatives and activities that strengthen family experiences and bonds. FFI
organizes various annual conferences through the winter and facilitates five weeks of summer camp (youth and family camps), at the JP2 Centre, through the months of July and August. In addition to FFI activities which take place at the JP2 Centre, FFI rents the Centre out to suitable renters, such as church and youth groups, and largely family gatherings.
On Sept 1 2022 FFI purchased the JP2 Centre. Prior to the purchase date, FFI had leased the property since Dec 2019 to secure a place for its summer camping programs. In 2022, FFI’s John Paul II Family Centre attracted approximately 1400 people to the Municipality of
Bayham through FFI’s camping programs and external rental groups.
Thank you for your consideration of this request. Paul Trombley
John Paul II Family Centre
e. paul@famfi.ca c. 226-626-1768
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CAO|Clerk
Harry Baranik, Fire Chief|By-law Enforcement Officer|CEMC
DATE: January 19, 2023
REPORT: CAO-03/23 SUBJECT: DEBRIEF – DECEMBER 23-25, 2022 SNOW AND WINDSTORM
BACKGROUND In accordance with Section 10 of Ontario Regulation 380/04 – Standards – as under the Emergency Management and Civil Protection Act, RSO 1990, cE 9, as amended (EMCPA), every municipality is required to designate an employee of the municipality as its emergency program coordinator, otherwise known as a Community Emergency Management Coordinator
(CEMC). The CEMC’s role is to establish and oversee a municipal Emergency Response Plan (ERP) and guide any emergency response in accordance with the adopted ERP.
By by-law, the Fire Chief|By-law Enforcement Officer is appointed as Bayham’s CEMC for the purposes of the Act and O.Reg 380/04. The CAO|Clerk is appointed as Alternate CEMC and can act in the same capacity as the CEMC in case of an absence.
Emergencies are planned for and addressed in accordance with adopted Policy by way of the ERP, Bayham’s ERP utilizes information pertaining to Hazard Identification and Risk Assessment (HIRA) and Critical Infrastructure (CI) to ensure timely responses, resources, and operations/government continuity exist. The ERP also establishes an Emergency Control Group (ECG) for the Municipality, which is responsible for coordinating and actioning a response to any possible emergency under the guidance of the CEMC, CAO|Clerk, and Mayor. The Municipality’s current ERP was adopted by Council through By-law No. 2021-065. During the week of December 23, 2022, weather agencies began to track the potential of a powerful low pressure system scheduled to affect southern Ontario between December 22 and 25, 2022. The forecast was for substantial and widespread impacts to southern Ontario affecting municipalities between Windsor, north to Ottawa and further through the Timmins area. Primary impacts to Elgin County and Bayham were predicted to be rain transitioning to snow, blowing snow, winds >60 km/h sustained for multiple days, low visibility, plummeting temperatures, a flash freeze, and hydro outages.
Staff began to advise the Municipality’s Emergency Control Group (ECG) of the potential effects on December 19, 2022. On Thursday, December 22, 2022, the first effects arrived. Rain
transitioned to snow into the early hours of December 23, 2022 as winds increased markedly. The Municipality closed the Municipal Office during December 23 due to inclement weather. Inclement weather persisted for the majority of 48 hours accompanied by high winds, blowing snow, and widespread power outages impacting Eden, Straffordville, Vienna, and Port Burwell. The Roads Operations Supervisor declared a Significant Weather Event at 4:30 pm local time on December 23, 2022, which continued in effect until the evening of December 24, 2022. Hydro was restored in the majority of the Municipality late on December 24, 2022 with Port Burwell out of power until December 26, 2022. During the event, some issues arose pertaining to technology and communication that necessitated a debrief of the event and identification of ways to improve Municipal emergency response in the future. DISCUSSION On Monday January 9, 2023, the Municipality’s ECG met and debriefed the December 23-25,
2022 snow and windstorm. All ECG members were present for the discussion. Based on the debrief and discussion, a number of aspects of the response were identified as
having gone well: Pre-event Messaging The Municipality was aware of the impending storm approximately a week in advance and internal messaging commenced early in the week. External messaging was included on the Municipal website and Voyent Alert! prior to the event. Messaging was specific to the importance of having a 72-hour emergency preparedness kit in case of emergencies. The local media assisted with updating the public regarding Environment Canada’s weather statements, watches, and warnings. Response by Municipal Departments The three departments primarily involved were Public Works, Water/Wastewater, and Fire. All
responded well to the storm conditions and kept the CEMCs updated on the changing dynamics and calls for service. The Public Works department in consultation with the CAO|Clerk issued a Significant Weather Event Declaration as identified and utilized the website and Voyent Alert! for
community communication over and above policy guidelines. The Public Works Department, at their discretion, repealed same approximately 25 hours later when it was determined that they could once more keep up with the requirements of Minimum Maintenance Standards. The
website and Voyent Alert! were once more used to advise the community. Contact with External Stakeholders Senior staff were in regular contact with local and partner organizations to ensure support was available for the community if needed. This resulted in the opening of the Straffordville
Community Centre (SCC) as a warming centre on December 24, 2022, staffed by Staffordville Hall Foundation representatives and supported by St. Thomas Social Services; Social Services had arranged to have cots delivered to the SCC should upgrade to a shelter be required. Elgin
County was also kept in the loop regarding matters in Bayham. Area CAOs also kept open communication lines in case mutual aid was required and called upon.
Conversely, the following areas were identified as areas of improvement and where the ERP can be refined to provide additional resources if needed: Community Communication / Widespread Hydro Outage
A noticeable gap in service was identified when hydro and cell service was disrupted due to the event. The Municipal website and Voyent Alert! are online resources relied upon by community members and staff, respectively, and can be accessed via both desktop/tablet and mobile (phone); however, when hydro is down and cell service is interrupted, as was the case in the southern end of the municipality during the event, these methods of communication do not function for community communications. Staff will be looking into formal methods to bridge this service gap in the event of future emergencies that limit established communication methods. Internal Communication Disruption / Cell Service Further to the above and due to cell service interruption, it was difficult, nigh impossible, to
communicate with certain staff members during the event. It appears that the majority of the disruption was south of County Road 45. A consideration to address this issue going forward is the install of a communication radio at the Municipal Office, to be used by on-site emergency
staff and CEMC in case of emergencies that impact cell service. Another consideration being implemented is the use of landlines, where installed, as a part of the secondary communication network. Some ECG members have home landlines and while they are less common, they are more reliable in cases where hydro and cell service is interrupted. Reinforcing Infrastructure and Supports During the event, two areas of improvement were noted as approaches to make more robust our resources should another storm event and power outage occur. First, the generator at the Port Burwell Fire Hall was insufficient to service the facility. During discussions, it has been recommended that staff spec out and obtain quotes for a new generator specific to providing Fire Hall support in the case of a widespread power outage.
Second, the SCC warming centre was the only one opened during the event and it was sparsely attended. Those who did attend were predominantly from the Straffordville area. It was further communicated to the ECG that a number of Port Burwell residents were unwilling to attend a
warming centre in Straffordville. Reasoning was not specifically identified but it raises the question of a second reliable and accessible location in Bayham, focused on Ward 1, that could provide a venue for a warming centre. Staff will be engaging the Lighthouse Gospel Church on
this venture. Staff will also be considering a tertiary option in Ward 3 should need for such support be identified. Further to the second point, there is also the question of: ‘who staffs a warming centre or shelter?’ The SHF was willing to provide support in this instance but further discussion is to be had internally regarding the best option for staffing any centre, whether volunteer organization,
volunteer firefighters, Social Services support, or a combination of the above, or other options.
Hydro Repair Issues
Bayham was the most affected in Elgin County with respect to hydro outages, with the majority of Bayham out of power for over 24 hours and Port Burwell out for approaching 72 hours. The Municipality will be following up with Hydro One regarding the length repair timeline in Port Burwell and what can be done to mitigate such effects should another storm-related outage occur. Encouraging Further EMS Training The majority of ECG members have EM 200 (Basic Emergency Management), which is a course offered through Emergency Management Ontario and often considered compulsory for Municipal emergency response staff. Any ECG members not currently possessing this certification will be encouraged to obtain it as scheduling and offerings allow. Additionally, we encourage all ECG members and members of Council to consider emergency management courses, including EM 200 and IMS courses focused on Incident Management Systems (IMS
100, 200, and 300). It was also identified by the CEMC that further training on best practice operations of a shelter
or warming centre would be prudent. Warming centre operations is not often something that is formally considered, particularly by smaller municipalities, in the case of an emergency. Often it is outsourced via Agreement; however, it is worthwhile for certain ECG functions to receive
more information on operations and best practices. This has been communicated to the Elgin County Emergency Management via post-exercise survey in 2022. Any training opportunities on this topic will be considered by ECG members, as deemed appropriate. The next iteration of the Municipality’s ERP will include some additional information regarding and reinforced response and supports and will also include the Treasurer as a formal member of the ECG. While not necessary, it is an Incident Management System best practice to have financial oversight directly involved in ECG operation. To-date, this has not been the case in Bayham. The Treasurer, however, has been invited and included in ECG discussions at CEMC discretion to ensure this mechanism is operationalized. The next step is to formalize this change. This is forthcoming and will require approval and adoption of a new ERP once drafted. RECOMMENDATION
1. THAT Report CAO-03/23 re Debrief – December 23-25, 2022 Snow and Windstorm be received for information.
Respectfully Submitted by:
_____________________________ Thomas Thayer, CMO Harry Baranik CAO|Clerk Fire Chief|By-law|CEMC
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, CAO|Clerk
DATE: January 19, 2023
REPORT: CAO-04/23 SUBJECT: STOP-UP AND CLOSE – PARTS 2 & 3 OF PLAN 11R-10789, SNOW STREET,
VIENNA
BACKGROUND At its November 4, 2021 meeting, Council passed the following motion:
Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT Confidential Report CAO-43/21 re Sale of Disposition of Land (Facilities) be received for information;
AND THAT Part 4 of Plan 11R-10789, being part of the Snow St. road allowance, Vienna, be deemed surplus to the needs of the Municipality of Bayham; AND THAT a public notice period of no fewer than fourteen (14) days be commenced to address the potential stop-up and close of Part 4 of Plan 11R-10789, being part of the Snow St. road allowance, Vienna; AND THAT a by-law authorizing the Stop-Up and Close of Part 4 of Plan 11R-10789, being part of the Snow St. road allowance, Vienna, be brought forward for Council’s consideration at a future meeting. Part 4 of Plan 11R-10789 was not only a portion of the Snow Street road allowance, but the eastern half of the Vienna Community Centre (VCC) parking lot, which was stopped up, closed,
and eventually sold as a part of the VCC disposition, which closed in Q2 2022. Parts 2 and 3 of Plan 11R-10789 comprise the balance of the Snow Street road allowance,
which was not addressed at that time.
DISCUSSION
Parts 2 and 3 of Plan 11R-10789, being a portion of the Snow Street road allowance, has not been formally stopped up and closed, and currently comprises a part of the existing Vienna Community Park including an installed walkway along the eastern edge of the Vienna Community Centre parking lot. It is expected that the Municipality has no formal interest in opening and establishing a publicly-travelled road on this road allowance and, as such, it is a housekeeping matter to stop up and close the reminder of the Snow Street road allowance. This process could proceed once title is confirmed on three adjacent parcels to the east. Currently, historic inconsistencies exist on these parcels of adjacent property, which have to be resolved prior to any further action by the Municipality. Staff recommend proceeding to stop-up and close Parts 2 and 3 of Plan 11R-10789, including
the formal notice period, once the identified inconsistencies are resolved through Land Titles. ATTACHMENTS
1. Plan 11R-10789 denoting Parts 2 and 3
RECOMMENDATION 1. THAT Report CAO-04/23 re Stop-up and Close – Parts 2 & 3 of Plan 11R-10789, Snow Street, Vienna be received for information; 2. AND THAT a public notice period of no fewer than fourteen (14) days be commenced to address the stop-up and close of Parts 2 and 3 of Plan 11R-10789, being part of the Snow St. road allowance, Vienna, at the appropriate time as determined by staff;
3. AND THAT a by-law authorizing the Stop-Up and Close of Parts 2 and 3 of Plan 11R-
10789, being part of the Snow St. road allowance, Vienna, be brought forward for Council’s consideration at a future meeting.
Respectfully Submitted by:
Thomas Thayer, CMO CAO|Clerk
AMENDMENT NUMBER 30
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Michael and Reta Glen and Barry Wade Homes Inc.
2 Robinson Street and 3 Erieus Street
The following text constitutes Amendment Number 30 to the Official Plan of the Municipality of Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-002, in accordance with Section 17 of the PLANNING ACT, on the 19th day of January 2023.
MAYOR CLERK
BY-LAW NO. 2023-002
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 30 to the Official Plan of the Municipality of Bayham is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 30 to the Official Plan of the Municipality of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin
County.
ENACTED AND PASSED this 19th day of January 2023.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 30
1. PURPOSE
The purpose of the Official Plan Amendment is to change the land use designation on
2,760 square metres (0.68 ac) of land from a 3,605 (.89 ac) land assembly from
“Residential” to “Site-Specific Multi-Unit Residential” to permit a 13-unit townhouse
condominium development with maximum net density of 48 units per hectare. The
permitted density in the Multi-Unit Residential designation is 35 units per hectare,
therefore, a site-specific Official Plan permission is necessary to recognize increased
maximum net density specific to the subject lands. The land use change would
necessitate amendment to Official Plan Schedule ‘D’ Port Burwell: Land Use and
Constraints to define the location of the site-specific Official Plan designation.
The Official Plan Amendment would facilitate the subsequent Zoning By-law Amendment
application to change the Zoning By-law regulations from Village Residential 1 (R1) and
Holding – Village Residential 1 (R2(h2)) zones to Site-specific Village Residential 2 (R2-
xx) zone to permit: townhouse use, lot area per unit of 212 m2 whereas 340 m2 is the
permitted minimum; setback distance for a driveway to a street intersection of
approximately 3.0 m whereas 9.0 m is the permitted minimum; front yard setback of 1.8
m whereas 6.0 m is the permitted minimum; side yard depth (north side) of 1.6 m
whereas the permitted minimum is 2.2 m; yard encroachment for eaves of 0.9 m
whereas 0.5 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.
2. LOCATION
The area affected by this amendment are lands known municipally as 2 Robinson Street
and 3 Erieus Street in the village of Port Burwell, and legally described as LT 6 & 7 E/S
ROBINSON ST PL BAYHAM T/W E204755 & PT LT 7 W/S ERIEUS ST PL 12 BAYHAM
PT 2 11R3556; BAYHAM and are located on the east side of Robinson Street, west side
of Erieus Street, north side of Hagerman Street and south of Brock Street.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as one vacant parcel (3 Erieus Street) and an
existing single-detached dwelling (2 Robinson Street) parcel. The lands are currently
designated Residential which does not permit the proposed form of townhouse
condominium development. The proposal includes permission for an increase to the
permitted maximum net density for townhouse use in the Multi-Unit Residential of 48
units per hectare whereas 35 units per hectare is the permitted maximum. The reason
for the proposed density is to maximize the efficient use of the underutilized and
desirable Lake Erie shoreline lands and to add a new type of residential housing option.
The area has existing municipal water and sewer services for servicing the development.
The subject lands have lot frontage of 40.2 metres (132.9 feet) on Robinson Street, an
irregular lot depth of 101.8 metres (334 feet) maximum and lot area of 0.36 hectares
(0.89 acres). Surrounding land uses include single-detached residential uses to the
north, open space (Port Burwell Beach and Memorial Park and Lake Erie) to the east
and south, and vacant Port Burwell Harbour Commercial/Residential to the west. Further
north on Robinson Street is the village centre and commercial area. The proposed
townhouse includes 13 units and has 2 storeys above a basement floor including 2
private parking spaces and a private staircase for each unit. The foundations are not to
be constructed into the existing slope.
The proposed amendment is consistent to intensification of development policies within
settlement areas with municipal water and sewer services in the Provincial Policy
Statement, 2020 (hereafter “PPS”). PPS Section 1.1.3.1 directs growth and development
to settlement areas; and Section 1.1.3.6 indicates that new development should occur in
settlement areas adjacent to the built up area and should have a compact form, mix of
uses and densities that allow for the efficient use of land, infrastructure and public
service facilities. The subject lands are within the “Hazard Lands” overlay and the Long
Point Region Conservation Authority has confirmed that the proposed location and type
of building foundation design is in conformity to PPS policies in Section 3. The subject
lands are located in the settlement area of Port Burwell and proposes a compact form
and type of residential land use that would be an efficient use of land and would make
use of existing infrastructure and public service facilities.
The proposal is in conformity to Elgin County Official Plan policies for residential
intensification within a Tier 1 Settlement Area that is fully municipally serviced and will
introduce a wider range of housing types into the area.
The proposed site-specific density permission would provide for efficient use of
underutilized, fully serviced settlement area lands and the proposed development
conforms to certain applicable policies of the Municipality’s Official Plan, particularly
those relating to residential intensification within settlement areas and access to full
municipal servicing.
4. DETAILS OF THE AMENDMENT
a) Section 4.5.3 of the Official Plan of the Municipality of Bayham is hereby amended by
adding the following subsection:
4.5.3.12 Notwithstanding Section 4.5.3.4 the townhouse condominium
development on lands known historically as LT 6 & 7 E/S ROBINSON ST
PL BAYHAM T/W E204755 & PT LT 7 W/S ERIEUS ST PL 12 BAYHAM
PT 2 11R3556; BAYHAM or 2 Robinson Street and 3 Erieus Street may
have a net residential density of 48 units per hectare, specific to the
southern portion of the lands with lot area maximum of 2,761 square
metres.
The lands subject to this Amendment as designated “Site-Specific Multi-
Unit Residential” may be used, developed, and zoned to permit a
maximum 13-unit townhouse condominium development, subject to the
following requirements:
a) Obtaining approval for Zoning By-law Amendment to rezone the
subject lands to permit the use and proposed zone regulation
variation site-specifically in the Village Residential 2 (R2) Zone;
b) Obtaining Consent approval for the creation of two separate lots
prior to construction;
c) Legal establishment of an easement to the north of the building
not less than 6.1 metres in distance from the northerly foundation
wall, to remain without buildings for access to foundation walls for
maintenance;
d) Confirmation is obtained from the Long Point Region Conservation
Authority in the form of a Section 28 Permit or applicable Permit
prior to any development;
e) Entering into a Site Plan Agreement with the Municipality.
b) Schedule ‘D’ of the Official Plan of the Municipality of Bayham is hereby amended by
changing the symbol for land use designation from “Residential” to “Multi-Unit
Residential”, for the lands outlined in bold on the following Schedule:
Schedule D – OPA No. 30 – Municipality of Bayham
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-003 A BY-LAW TO AUTHORIZE THE EXECUTION OF A MEMORANDUM OF UNDERSTANDING BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE TOWNSHIP OF MALAHIDE FOR SHARED SERVICES IN BY-LAW ENFORCEMENT, PLANNING, AND BUILDING 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 Section 20 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality may enter into agreements with one or more municipalities or local boards for their joint benefit to provide a service or thing for their mutual benefit and the benefit of their respective inhabitants subject to the consent of the municipality or local
board in which the service or thing is provided; AND WHEREAS the Council of the Municipality of Bayham is desirable to enter into an agreement with Corporation of the Township of Malahide for Shared Services of By-law Enforcement, Planning, and Building;
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
Memorandum of Understanding (MOU) attached hereto as Schedule “A” and forming
part of this by-law between the Municipality of Bayham and the Township of Malahide; 2. AND THAT this by-law and MOU shall come into effect on January 1, 2023.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF JANUARY 2023.
___________________________ _____________________________ MAYOR CLERK
MEMORANDUM OF UNDERSTANDING
BETWEEN
The Corporation of the Municipality of Bayham
AND
The Corporation of the Township of Malahide
Draft
December 6, 2022
2
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding (the “Agreement”) made this ______ day of _______________,
2022, (the "Execution Date”) by and between The Corporation of the Municipality of Bayham
(Hereinafter called “Bayham”) and The Corporation of the Township of Malahide (Hereinafter called
“Malahide”)(Bayham and Malahide together are hereinafter called the “Parties”) each of which is an
incorporated entity under the provincial statute applicable to municipal corporations.
AND WHEREAS Section 8 of the Municipal Act, 2001 S.O. 2001, c.25 (the “Municipal Act”) provides that
the powers of a municipality under the Municipal Act or any other Act shall be interpreted broadly so as
to confer broad authority on the municipality to enable the municipality to govern its affairs as it
considers appropriate and to enhance the municipality’s ability to respond to municipal issues.
AND WHEREAS Section 9 of the Municipal Act provides that a municipality has the capacity, rights,
powers and privileges of a natural person for the purpose of exercising its authority under the Municipal
Act or any other Act.
AND WHEREAS Section 20 of the Municipal Act provides that a municipality may enter into agreements
with one or more municipalities or local boards for their joint benefit to provide a service or thing for
their mutual benefit and the benefit of their respective inhabitants subject to the consent of the
municipality or local board in which the service or thing is provided;
AND WHEREAS the Parties to this Agreement agree that Malahide shall provide Building Code Act
Services (“Building Services”) in the terms and manner described in this Agreement within the
geographical and municipal boundaries of the Municipality of Bayham;
AND WHEREAS the Parties to this Agreement agree that Bayham shall provide By-law Enforcement
Services (“By-law Enforcement Services”) in the terms and manner described in this Agreement within
the geographical and municipal boundaries of the Township of Malahide;
AND WHEREAS the Parties to this Agreement agree that Bayham and Malahide shall operate a common
Planning and Development Approvals Service (“Planning/Development Services”) in the terms and
manner described in this Agreement within the geographical and municipal boundaries of the
Municipality of Bayham and the Township of Malahide;
AND WHEREAS the purpose of this Agreement is to describe how the Parties hereunto will work
together in ensuring the provision of good Services for their mutual benefit and the benefit of their
respective inhabitants, dealing with the potential issues that may arise in respect of the Services, and to
put certain mechanisms in place that will help to ensure that the Municipalities support each other
during the term of the Agreement;
NOW THEREFORE for good and valuable consideration, the receipt and sufficiency of which is
acknowledged, the Parties hereto agree as follows:
1.0 DEFINITIONS
3
1.1 In this Agreement, including this section, the recitals, and schedules hereto, unless the context
otherwise requires:
“Agreement” means this agreement, including the recitals and schedules hereto, as amended
and supplemented from time to time.
“Annual Cost Estimate” means the estimated cost for the Service Provider to provide the Service
to a Purchasing Municipality for a given year, together with a detailed breakdown thereof.
“Building Code” means the Ontario Building Code Act and/or the Ontario Building Code.
“Building Code Act Services” means, collectively, the services described in Appendix A to this
Agreement.
“Building Inspector” refers to any individual employee or contract employee of the Township of
Malahide charged with executing Building Code Act Services.
“Business Day” means any day excluding a Saturday, Sunday, or statutory holiday in the Province
of Ontario.
“By-law Enforcement Officer” refers to any individual employee or agent of the Municipality of
Bayham charged with executing By-law Enforcement Services.
“By-law Enforcement Services” means, collectively, the services described in Appendix B to this
Agreement.
“Chief Administrative Officer (C.A.O.)” means the senior staff member appointed by the Council
of each of the Parties to this Agreement.
“Chief Building Official” means the person appointed, under the authority of the Ontario
Building Code Act, by the Council of the Township of Malahide, to exercise the statutory
responsibilities set out in the Ontario Building Code Act.
“Confidential Information” means any information or data, whether written, oral, or in other
form, disclosed by the Parties or communicated to or acquired by the Parties in the course of
their provision of Services in accordance with this Agreement, directly or indirectly, and which is
identified by the Party communicating the information as being confidential in nature, is
Personal Information (“PI”) as defined in section 2(1) of the Municipal Freedom of Information
and Protection of Privacy Act, R.S.O. 1990, c. M. 56, or, is Personal Health Information (“PHI”) as
defined in section 4 of the Personal Health Information Protection Act, 2004 S.O. 2004, c. 3,
Sched. A..
“Cost Recovery” means the total cost of delivering the Services, which includes all actual
expenditures with no "premium", including but not limited to, all costs for staff salaries and
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benefits and associated disbursements incurred in order to provide the Services, provided that if
any costs are paid or incurred by the Service Provider to provide the Services as well as other
services or functions not covered by this Agreement, the Service Provider shall, for the purpose
of this Agreement determine in a fair and equitable manner the proportion of the total of such
costs that were paid or incurred to provide the Services. Where an Appendix to this Agreement
specifies a particular cost or cost recovery mechanism, such provision shall be deemed to be
included in the definition of Cost Recovery.
“Council” or “Municipal Council” means the elected members of the Council for each of the
Parties to this Agreement.
“Director of Planning and Development Services” is the person employed by the Township of
Malahide to lead the shared Planning and Development Services Department.
“Key Performance Indicator(s)” or “KPI” means the qualitative and/or quantitative metrics
established by the Municipalities by mutual agreement during the Term of this Agreement that
are used to evaluate the effectiveness of the Services.
“Manager of By-law Enforcement” refers to the individual appointed by by-law by the
Municipality of Bayham and charged with executing By-law Enforcement Services.
“Municipalities” includes The Corporation of the Municipality of Bayham and The Corporation of
the Township of Malahide.
“Municipality” means either The Corporation of the Municipality of Bayham or The Corporation
of the Township of Malahide, as context requires, but not both of them.
“Party” means either The Corporation of the Municipality of Bayham or The Corporation of the
Township of Malahide; and “Parties” means both The Corporation of the Municipality of
Bayham and The Corporation of the Township of Malahide, collectively.
“Planning and Development Services” means, collectively, the services described in Appendix C
to this Agreement.
“Planning/Development Technician” refers to any individual employee of either or both of the
Municipalities charged with providing planning and development administrative and technical
support services.
“Purchasing Municipality” means, in respect of a particular Service contemplated in this
Agreement, the municipality purchasing that Service from another municipality. For greater
certainty, in this Agreement, Malahide is the Purchasing Municipality with respect to By-law
Enforcement Services and Bayham is the Purchasing Municipality with respect to Building Code
Act Services and Common Planning and Development Services.
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“Reconciliation Statement” refers to a statement that provides the actual cost incurred by a
Service Provider to provide Services to a Purchasing Municipality for a given year, together with
a detailed breakdown thereof.
“Service” means the full scope of service of any of the following, including all activities,
materials, responsibilities and equipment necessary for the purpose of providing the service
and/or meeting the service standards: Building Code Act Services as set out in Appendix “A,”
section 1, By-law Enforcement Services as set out in Appendix “B,” section 1, or Common
Planning and Development Services as set out in Appendix “C,” and “Services” means any two or
more of the Services.
“Service Provider” means, with respect to a particular Service contemplated in this Agreement,
the municipality providing that Service to another municipality. For greater certainty, Malahide
is the Service Provider with respect to Building Code Act services and Common Planning and
Development Services and Bayham is the Service Provider with respect to By-law Enforcement
Services.
“Term” means a period of time in which this Agreement remains in force and effect, as
described in Section 3.
2. GENERAL
2.1 The Parties agree that during the term of the Agreement, their relationship to each other in
respect of the Services shall be governed by the terms of this Agreement.
2.2 The Parties generally agree that no Municipality shall have any right to assert or make any
request, demand, or claim whatsoever for any financial compensation against any other
Municipality in respect of any matter related to the Services unless such right is expressly
stipulated in this Agreement. Notwithstanding, the Service Sharing Working Group as provided
under Section 6 herein, and/or the provisions for Disputes and Disagreements under section 8
herein, should be utilized to resolve such requests, demands, or claims.
2.3 For clarity, the Municipalities acknowledge that outside the scope of the Services which are
provided by the Service Provider for the benefit of the Purchasing Municipality, the legal
relationship of each Municipality to the others individually and collectively shall remain as it was
the day prior to the Execution Date of this Agreement.
2.3 Where personnel are employed by a Municipality to provide Services to the benefit of the
Parties, such personnel are solely employees of the Service Provider Municipality that employs
the employee and the Services are being provided on an independent contractor basis to the
Purchasing Municipality. Nothing in this Agreement shall be deemed or construed to confer any
employment or employer obligations accruing to the Purchasing Municipality. Notwithstanding,
the C.A.O.s will work cooperatively to ensure the provision of good Services, and that a positive
relationship is maintained and upheld for the mutual benefit of the Municipalities and the
benefit of their respective inhabitants.
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3. TERM OF THE AGREEMENT
3.1 The term of the Agreement for the purposes of the delivery of Services shall be from January 1,
2023 to and including December 31st, 2027 (the "Term"), subject to the renewal provisions set
out in the Agreement.
3.2 The parties have the option to extend the Agreement beyond the Term of the Agreement upon
consent of all the parties.
3.3 This Agreement may be amended during the Term to include additional municipal entities, upon
consent of each of the Municipalities.
4. FINANCIAL CONSIDERATIONS
4.1 The Parties agree that the costs of providing Services to the Purchasing Municipality shall be on
a Cost Recovery basis to the Service Provider and accordingly fees for work completed for all
Services shall be charged. More detailed financial arrangements for respective Services are
detailed in Appendices A, B, and C.
4.2 Fees for Services performed by the Service Provider shall be based principally on a time and
materials basis accounting for the time and materials expended working on the file/matter.
Records of time spent will be kept utilizing a common docketing system and accounts will be
rendered and sent to the respective Municipality on a quarterly basis.
5. SERVICE STANDARDS BETWEEN THE PARTIES
5.1 The Parties agree that the relationship contemplated by this Agreement is one based on utmost
trust, confidence, and respect. Accordingly, the Service Providers shall provide competent staff
and contractors to faithfully and diligently perform the Services in accordance with this
Agreement and shall provide such Services to a standard that meets or exceeds the applicable
legislative standards.
6. SERVICE SHARING WORKING GROUP
6.1 In order that there continues to be good ongoing communication between the Parties, a Service
Sharing Working Group (the "Working Group” or “SSWG”) shall be established. The Working
Group shall be comprised of the C.A.O.s of both Bayham and Malahide, the Director of Planning
and Development Services, the Chief Building Official, and the Manager of By-law Enforcement,
and any other persons as agreed upon by the Parties. A separate recording secretary to be
agreed upon by the Working Group will record and maintain a record of the proceedings. Any
procedural rules of the Service Sharing Working Group not specified in this Agreement may be
agreed to by the Parties, in writing, at a meeting of the Service Sharing Working Group.
6.2 The purpose of the Working Group is to implement the delivery of Services as outlined in this
Agreement and provide input for the advancement of Services. The provision of input shall
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include, but is not limited to, providing ongoing oversight, reviewing key decision making by
C.A.O.s, ensuring adequate resources, and resolving operational issues.
6.3 The Working Group shall appoint a Chair at the Inaugural meeting (which date of meeting will be
determined by the Parties). A work plan shall be developed identifying actionable tasks and
assignments. The Working Group shall meet on a regular basis and as necessary to move the
work plan forward.
6.4 The Chair is responsible for the following
i. Co-ordination of meetings
ii. Preparation and circulation of agendas and minutes
iii. Development and updating of work plan
iv. Reporting to and attending meetings as required of the Councils of the Municipality of
Bayham and the Township of Malahide.
6.5 Minutes of the meetings shall be prepared within 10 days of the meeting and shall be circulated
to the members of the Working Group. The members shall review and approve the minutes
within 5 days of receipt.
6.6 Where any member disagrees with any aspect of the account of the minutes circulated, such
member shall notify the Chair within the timeframe prescribed in section 6.5, and if the matter
cannot be immediately resolved, the Chair shall put the matter on the agenda for the next
meeting for resolution.
6.7 The members of the Working Group recognize that they will each make best efforts to attend
every scheduled meeting and will avoid, where practicable, delegating the responsibility to
attend personally.
6.8 Any meeting of the Working Group may be attended by persons who are employees of any
Municipality, agency, or other stakeholder, at the invitation of the Chair, provided that such
attendance is relevant to a matter on the agenda. Any person that wishes for the Chair to
extend an invitation shall notify the Chair no less than three (3) business days prior to the
meeting and the Chair shall extend the invitation as soon as practicable thereafter. The Chair
shall not unreasonably deny a request for an invitation to be issued.
7. REPORTING TO THE COUNCILS OF THE MUNICIPALITIES
7.1 The Working Group shall provide the Councils of the Municipality of Bayham and the Township
of Malahide with an annual report that includes the following:
i. Services activity information
ii. Identified trends, challenges, and opportunities
iii. Cost-of-service reconciliations as well as KPI target achievement
iv. Service delivery performance
v. Status of work plan and action items.
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8. DISPUTES AND DISAGREEMENTS
8.1 If, during the term of this agreement, a dispute or disagreement arises between the parties that
cannot be resolved by the parties, the C.A.O.s shall engage in good faith negotiation for a period
of not less than thirty (30) days in an attempt to resolve the dispute to the mutual satisfaction of
the C.A.O.s.
Where the C.A.O.s cannot collectively come to a satisfactory resolution within thirty (30) days,
the following dispute resolution procedure will be followed:
i. A committee of the Mayors of both Bayham and Malahide, supported by the C.A.O.s, shall
meet at least once and shall attempt in good faith to resolve the dispute.
ii. Failing paragraph i. above, within ninety (90) days or such timing as may be mutually
agreeable, the parties may submit the dispute or disagreement to arbitration in
accordance with the provision of the Arbitrations Act, 1991.
iii. The party wishing to commence arbitration shall give the other party a written notice
describing the dispute or disagreement to be arbitrated. Any arbitration will be carried
out by a single arbitrator, who has been chosen jointly by the parties. The costs and
expenses of arbitration will be allocated by the arbitrator between the parties, as the
arbitrator determines, in accordance with applicable law.
iv. The parties agree to fully cooperate in any dispute or disagreement process, including
the release of information which would be producible in a civil action in accordance with
the law of evidence in Ontario, and/or access to individuals.
Except where clearly prevented by a dispute or disagreement that arises under this agreement,
the parties shall continue performing their respective responsibilities under this agreement
while the dispute or disagreement is being resolved in accordance with this Section, unless or
until such responsibilities are lawfully terminated or expire in accordance with terms of this
agreement.
9. TERMINATION FOR CONVENIENCE OF THE AGREEMENT
9.1 A Municipality may terminate the Agreement without cause after providing the other
Municipality a minimum of six (6) months’ notice in writing.
9.2 At the end of the notice period described above, the agreement shall terminate. The Parties
shall promptly pay any amounts owing for services provided prior to the termination date and
neither party shall have any further obligation to provide services or payment as contemplated
herein, and neither party shall have any further obligation to provide services or payment as
contemplated herein.
10. TERMINATION FOR CAUSE OF THE AGREEMENT
10.1 The Parties agree that where a Municipality fails to perform its obligations in its capacity as
Service Provider under the Agreement, and such failure to perform has not been remedied after
the parties engage in the dispute resolution process described in section 8, the Purchasing
Municipality may terminate the Agreement after giving the other Municipality one (1) month’s
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notice in writing. Additionally, where a Purchasing Municipality fails to pay the amount set out
in the annual reconciliation statement, the Service Provider may suspend the applicable Service
until such time as payment is received or a resolution to any related dispute is achieved through
the remedy set out in section 8 of this Agreement.
10.2 The Parties agree that where a Municipality fails to make prompt and regular payments of the
amounts owing by it as Purchasing Municipality under this Agreement, and such failure to
perform has not been remedied after the parties engage in the dispute resolution process
described under section 8 herein, the Purchasing Municipality may terminate the Agreement
after giving the other Municipality one (1) month’s notice in writing.
10.3 At the end of the notice period described above, the agreement shall terminate. The Parties
shall promptly pay any amounts owing for services provided prior to the termination date and
neither party shall have any further obligation to provide services or payment as contemplated
herein.
11. INSURANCE
11.1 During the term of this Agreement, each Party shall at its own expense obtain and maintain until
the termination of the Agreement, with insurers licensed to underwrite insurance in the
Province of Ontario and who are acceptable to the Parties, the following insurance and provide
evidence thereof, naming each of the Parties as additional insured:
i. Comprehensive general liability insurance on an occurrence basis for an amount of not less
than Five Million Dollars ($5,000,000) with respect to the Service Provider’s operations, acts
and omissions relating to its obligations under the Agreement, such policy to include, but not
be limited to: non-owned automobile liability; bodily injury including death; personal injury;
broad form property damage including loss of use thereof; contractual liability; owners and
contractors protective liability; products and completed operations liability; contingent
employers’ liability; and, cross liability and severability of interest clauses.
ii. Standard OAP 1 Automobile liability insurance for an amount not less than Five Million Dollars
($5,000,000) meeting statutory requirements covering all licensed vehicles owned, operated,
or leased by the Service Provider and used in any manner in connection with the performance
of the terms of the Agreement.
11.2 The policies shown above shall be endorsed to provide the Purchasing Municipalities with not
less than thirty (30) days' written notice of cancellation, change or amendment restricting
coverage. However, if for any reason the insurer, on behalf of Service Provider, cannot endorse
their policies to provide the Purchasing Municipalities with not less than thirty (30) days written
notice of change or amendment restricting coverage, the responsibility thereof shall
automatically transfer to the Service Provider and becomes the Service Provider's strict
obligation to deliver to the Municipalities not less than thirty (30) days written notice of change
or amendment restricting coverage.
11.3 The Parties shall provide evidence of the continuance of this insurance at each policy renewal
date, and/or following any amendment to the insurance. If required by the Purchasing
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Municipalities, the Service Provider shall provide true copy(s) of the policy(s) certified by an
authorized representative of the insurer together with copies of any amending endorsements
applicable to the work.
11.4 If the Service Provider fails to maintain insurance as required by this Agreement, the Purchasing
Municipalities shall have the right to provide and maintain such insurance and give evidence to
the Service Provider. The Service Provider shall pay the cost thereof to the Purchasing
Municipalities on demand or the Purchasing Municipalities may deduct the cost from the
amount which is due to or may become due to the Service Provider under this Agreement.
11.5 The Purchasing Municipalities reserve the right to request such higher limits of insurance or
other types of policies appropriate as the Purchasing Municipalities may reasonably require.
11.6 All policies required by section 11.1 shall apply as primary and not as excess of any insurance
available to the Purchasing Municipalities.
11.7 The Parties to this Agreement shall each maintain and keep in good standing and account with
the Workplace Safety Insurance Board pursuant to the Workplace Safety and Insurance Act.
12. INDEMNIFICATION
12.1 The Parties hereby agree to indemnify and hold harmless each other from and against any and
all direct and indirect liability, loss, costs, damages and expenses, causes of action, actions,
claims, demands, lawsuits or other proceedings, by whomever made, sustained, incurred,
brought, prosecuted, in any way arising out of or in connection with the Service Provider’s
obligations under the Agreement, or otherwise in connection with this Agreement, unless solely
caused by the negligence or wilful misconduct of the Purchasing Municipalities.
12.2 The Purchasing Municipalities acknowledge and agree that in no event will the Service Provider
be liable for any general, compensatory, incidental, special or consequential damages, or any
loss of use, revenue or profit by the Purchasing Municipalities, or their officers, servants,
employees, and agents arising out of or in any way related to this Agreement.
12.3 The Purchasing Municipalities will, at their expense, to the extent requested by the Service
Provider, participate in or conduct the defence of any proceedings against any indemnified party
and any negotiations for their settlement. The Service Provider may elect to participate in or
conduct the defence of any proceeding by providing Notice to the Purchasing Municipalities of
such election without prejudice to any other rights or remedies of the Service Provider under
this Agreement, at law or in equity. Each Municipality participating in the defence will do so by
actively participating with the other's counsel.
12.4 The Parties will not enter into a settlement of any proceeding against any of the Municipalities
unless such Party has obtained the prior written approval of the Service Provider. If the
Purchasing Municipality is requested by the Service Provider to participate in or conduct the
defence of any proceeding, the Service Provider will co-operate with, and assist, the Purchasing
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Municipality to the fullest extent possible in the proceeding and any related settlement
negotiations. If the Service Provider conducts the defence of any proceedings, the Purchasing
Municipalities will co-operate with, and assist, the Service Provider to the fullest extent possible
in the proceedings and any related settlement negotiations.
13. CLAIMS MANAGEMENT
13.1 In the event any causes of action, actions, claims, demands, lawsuits, or other proceedings (the
“Claim”) are brought against any of the Purchasing Municipalities in connection with a Service
Provider’s obligations under the Agreement, the Purchasing Municipality receiving the Claim
shall provide the Claim to the Service Provider as soon as practicable after the receipt of such
Claim.
14. CONFIDENTIALITY AND RECORDS
14.1 Subject to the permitted disclosure rights contained in this Agreement, the Parties shall not at
any time before, during, or after the expiration or earlier termination of the Agreement, without
the prior written approval of the Municipalities, divulge to any person (including its employees,
officers, directors, agents, or representatives) or use for any other purpose any Confidential
Information, unless such disclosure is required by law.
14.2 The Parties may disclose Confidential Information to any person to whom disclosure is required
in order for the Service Provider to provide Services and in accordance with this Agreement, but
only after such person provides a written assurance to the Service Provider, in the form of a duly
executed non-disclosure agreement or under the auspices of a professional regulatory
requirement to maintain confidentiality, that such person will strictly adhere to the
confidentiality obligations contained in this Agreement.
14.3 The Parties shall not enter into any non-disclosure agreement for the purposes of section 14.2
unless and until the form and content of such agreement has first been approved by the other
Parties.
14.4 Notwithstanding the general restriction(s) on disclosure of Confidential Information, either party
may disclose Confidential Information pursuant to the requirements of the Municipal Freedom
of Information and Protection of Privacy Act (MFIPPA).
14.5 For the purposes of access requests received by a Party to this Agreement pursuant to MFIPPA,
each Party shall be responsible for responding to any such MFIPPA access requests made within
its own jurisdiction. Any records maintained by the Service Provider in providing the Service for
the Purchasing Municipality shall be considered records within the control of the Purchasing
Municipality and the Service Provider shall provide such records to the Purchasing Municipality
in response to an access request as soon as is practicable.
14.6 Where an access request pursuant to MFIPPA is received by a Party to this Agreement and the
responsive records to such access request includes information that could potentially be
considered confidential information of the other Municipality, the Municipality receiving the
access request shall provide third-party notification to the other Municipality.
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14.7 Upon expiration or termination of this Agreement, copies of all records of the Service Provider
shall be provided to the Purchasing Municipality. The Service Provider shall then maintain the
records and dispose of them in accordance with the Service Provider’s applicable records
retention by-law(s).
15. NO ASSIGNMENT WITHOUT CONSENT
15.1 No Party shall assign, sublet, or transfer an interest in this Agreement without the written
consent of the other Parties.
16. AMENDMENT OF AGREEMENT
16.1 This Agreement shall not be amended or altered without the consent of all Parties, in writing as
authorized by their respective Municipal Councils.
16.2 If any Party is in good faith delayed or hindered in or prevented from performance of this
Agreement by virtue of a change in provincial legislation, regulations, or a change in provincial
policy, then performance of this Agreement shall be excused for the period of time that the
change in legislation, regulations or policy render it impossible to comply with the terms,
covenants, or provisions of this Agreement.
17. LAW AND JURISDICTION
17.1 This Agreement shall be considered an agreement made under the laws of Ontario and the
federal laws applicable therein and shall be subject to the exclusive jurisdiction of the courts of
Ontario to which the parties hereby submit.
17.2 This Agreement is legally binding on the Municipalities, their successors, and assignees.
18. SEVERABILITY
18.1 In the event that any covenant, provision, or term of this agreement should at any time be held
by any competent tribunal to be void or unenforceable, then this agreement shall not fail but
the covenant, provision or term shall be deemed to be severable from the remainder of this
agreement which shall remain in full force and effect mutatis mutandis.
19. ENTIRE AGREEMENT
19.1 This Agreement constitutes the entire agreement between the Municipalities and supersede all
prior agreements, understandings, negotiations, discussions, whether oral or written of all
parties and there are no warranties, representations, or other agreements between the
Municipalities in connection with the subject-matter of this Agreement except as specifically set
forth in this Agreement.
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19.2 The Municipalities agree to execute and deliver such further documents and assurances or do
such other things as may be reasonably required from time to time by one or the other party to
give effect to this Agreement.
20. NOTICES
20.1 Any notice required to be sent under this Agreement shall be in writing and shall be served by
sending the same by e-mail, registered mail, or by hand, leaving the same at:
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(Insert address)
Attention: _____________________
E-mail: _______________________
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
87 John St. S., Aylmer, ON N5H 2C3
Attention: Adam Betteridge, Chief Administrative Officer (C.A.O.)
E-mail: abetteridge@malahide.ca
20.2 Any Municipality may change its address or contact information for notice purposes by
providing written notice under this section to the other Municipalities.
20.3 Notices given by registered mail shall be deemed to be received upon the earlier of (i) actual
receipt, or (ii) five (5) working days after sending by registered mail. Notices given by email shall
be deemed to be received one (1) working day after sending by email. Notices delivered by hand
shall be deemed to be received upon delivery.
21. COUNTERPARTS AND ELECTRONIC SIGNATURE
21.1 This Agreement may be executed in counterparts, each counterpart when so executed shall be
deemed an original and all of which together shall constitute one and the same Agreement. The
counterparts of this Agreement may be executed and delivered by facsimile or other electronic
signature by any of the parties to any other party and the receiving party may rely on the receipt
of such document so executed and delivered by facsimile or other electronic means as if the
original had been received.
(Signature Page Follows Immediately After This Page)
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lN WITNESS WHEREOF the parties hereto have executed this Agreement.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
________________________________________
Mayor
________________________________________
Clerk
We have authority to bind the corporation.
THE CORPORATION OF THE TOWNSHIP OF MALAHIDE
________________________________________
Mayor, Dominique Giguère
________________________________________
Clerk, Allison Adams
We have authority to bind the corporation.
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APPENDIX A
SHARED SERVICE MODEL
BUILDING CODE ACT SERVICES
1.0 Scope of Services
1.1 Malahide shall provide Building Code Act Services on behalf of the Municipalities, in accordance
any applicable statutory, regulatory, or professional standards governing building officials,
including strict adherence to timelines, as specified in the Building Code Act and the Ontario
Building Code (OBC). Such Services shall include the following:
General
• Receive and respond during regular working hours (8:30 a.m. to 4:30 p.m., Monday through
Friday, with the exception of statutory holidays) to Permit Applications from the public and
other enquiries relating to OBC matters
• Conduct plans examination, inspections, zoning compliance review, and any other activities
required by law to render a Building Permit decision within the OBC mandated timeframes
• Issue Orders and undertake enforcement as required and according to the legislated
discretion granted to the Chief Building Official
Appoint, either directly or through a registered code agency, the Chief Building Official and
building inspectors responsible for the Municipalities
Plans Examination Services
Provide cursory review of development plans submitted under the OBC
Liaison with architects and engineers to ensure that OBC requirements are addressed in the
design and engineering plans
Note any amendment or refinements required to the plans based on OBC requirements
Review amended plans to ensure compliance with the requirements of the OBC
Qualified staff will strive to have plans examination services completed within 5 working
days for more routine, and 10 working days for more complex developments, from the date
of receipt of completed drawings by the Building Official
Whenever possible, plans examination services are to be carried out in the municipal offices
of the Township of Malahide
Inspection Services
Schedule and conduct mandatory on-site inspections of items covered under the OBC or
any municipal property standards by-law duly enacted under the authority of the OBC
Liaise closely with contractors, engineers, and architects during the construction phase to
ensure that the actual construction is taking place in compliance with the requirements of
the OBC
Note any construction that is inconsistent with the final approved plans and with the
requirements of the OBC
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Conduct subsequent inspections as required to ensure compliance with the requirements
of the OBC
Deliver decisions re. Occupancy as required by the Ontario Building Code Act
Qualified staff will strive to conduct inspections within 3 working days from the time that
the inspection was requested by the applicant. Where possible, inspections for different
developments should be coordinated in order to maximize efficiencies.
1.2 The Municipality of Bayham shall ensure that all information within its possession and control
related to Building Services provided to Bayham is provided to the Malahide Chief Building
Official (CBO) in such manner as the CBO may determine necessary in order to discharge their
statutory duties under all applicable legislation and/or policies. All original documentation
pertaining to the Municipality of Bayham shall remain in the custody of the CBO.
2.0 Building Services Staff
2.1 Malahide shall employ or contract, for the duration of this Agreement, a Chief Building Official
and Building Inspectors for the delivery of Building Code Act Services. All such employees or
contractors are subject to applicable administrative and/or employment policies, procedures,
and practices of the Township of Malahide. Bayham shall appoint the Chief Building Official as
its Chief Building Official for the purpose of s. 3(2) of the Building Code Act.
2.2 The Chief Building Official shall report directly to the Director of Planning and Development
Services.
2.3 Malahide shall ensure the Chief Building Official and Building Inspectors are qualified and
competent and receive appropriate training in relation to the administration of the Building
Code Act Services in accordance with the Ontario Building Code and all relevant legislation and
regulations.
2.4 Malahide may contract the services of a Registered Code Agency to augment its staffing levels to
ensure its capacity to provide Building Code Act Services to the Municipalities.
3.0 Vehicles and Equipment
3.1 Malahide shall provide such vehicles and equipment as are reasonably required to provide
Building Code Act Services in the Municipalities.
3.2 The Municipalities shall provide a sufficient workspace for the Building Inspector(s) in their
respective municipal offices.
3.3 In order to maximize the efficiency/effectiveness of the shared Building Services delivery model,
the Municipalities agree to utilize the CloudPermit Portal/Workflow tool for building permit
processing and approvals.
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4.0 Harmonized Operations
4.1 Harmonized operations will improve efficiency of operations for this shared Building model.
Without fettering the discretion of the Council of either Municipality, the Municipalities have or
agree to make efforts to consider enacting the following:
i. Harmonized Building Fees Schedule
ii. Harmonized Building By-law
iii. Harmonized Service Levels (legislated and Council approved)
iv. Harmonized Service Delivery Processes
iv. An internal docketing system for staff and contractor time allocation to specific
Malahide/Bayham Building files.
5.0 Financial Arrangement
5.1 The Building Code Act Services as set out in section 1.1 above shall be provided on a Cost
Recovery Basis as per the common docketing system. All Building Permit/Inspection files will be
allocated based on 100% of billable effort. All non-allocated work activities will be invoiced on a
50/50 split of effort between Malahide and Bayham.
5.2 The Municipalities acknowledge that any hours worked by the Chief Building Official and/or
Building Inspectors outside of regular working hours will be recognized at the applicable
overtime rate.
5.3 The Municipalities further acknowledge that the number of hours logged by the Chief Building
Official and/or Building Inspectors to deliver Services will be recorded in fifteen minute
increments and that any portion of a fifteen minute increment shall be considered a full fifteen
minutes.
5.4 For every year that this Agreement is in effect, Malahide shall provide Bayham with a detailed
Annual Cost Estimate showing the projected cost of providing Building Services to Bayham for
that year. Such Annual Cost Estimate shall be provided to Bayham not later than November 1st
of the preceding year.
5.5 After every year for which this Agreement is in effect, Malahide shall provide Bayham with a
Reconciliation Statement showing the actual cost incurred by Malahide to provide Building
Services to Bayham. In the event that the actual cost incurred is greater than the Cost
Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the
discrepancy. Malahide shall provide Bayham with the Reconciliation Statement not later than
March 1st each year.
5.6 Malahide will invoice Bayham as follows:
i. March 31st – 25% of Annual Cost Estimate
ii. June 30th – 25% of Annual Cost Estimate
iii. September 30th – 25 % of Annual Cost Estimate
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iv. December 31st – 25 % of Annual Cost Estimate
v. March 1st of the following year – a reconciliation of Annual Cost Estimate to actual cost
incurred by Malahide to provide Building Services to Bayham.
If there is an excess of funds collected by Malahide, it will be refunded to Bayham, and if there is
a deficit, it will be invoiced to Bayham.
5.7 Capital costs, which include the cost of a vehicle and its modifications as well as the initial
investment of any required equipment, will be paid by Malahide with costs to be recovered
from Bayham according to the allocation of service hours as documented in the common
docketing system.
5.8 On a quarterly basis, Malahide will invoice Bayham for any additional expenditures or
disbursements as incurred and previously approved by the Municipalities in writing. Malahide
will provide all supporting documents to substantiate any fees or services provided.
5.9 Upon receipt of an invoice, payment shall be within thirty (30) days of the date of the invoice.
Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per month
(15% per annum) from the due date to the date of payment.
5.10 Any Building Code Act fees collected by Malahide, on behalf of Bayham, (either in person or
through an application portal) will be considered as revenues of Bayham and shall be credited or
paid to Bayham accordingly. All Building Code Act fees collected by Malahide on behalf of
Bayham shall be charged and calculated as per the applicable fee schedule set by by-law and
remitted to Bayham on a quarterly basis.
5.11 The Municipalities acknowledge that each will retain control of their respective Building Code
Act Reserve Funds.
6.0 Results Reporting to Councils
6.1 Malahide shall prepare a quarterly report in relation to all Building Code Act activities including,
but not limited to, the following:
i. Number of applications
ii. Number of permits issued
iii. Permit decision timeframes, including results reporting (Key Performance Indicators)
that will enable the comparison of actual permit decision timeframes to target
timeframes
iv. Generated fees
v. Tracking of billable hours across Malahide and Bayham files (docketing) in order to
reconcile 50/50 budgeted sharing with actual level of efforts expended for each
municipality
This report will be shared with the Municipalities and the Service Sharing Working Group (the
"Working Group” or “SSWG”).
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APPENDIX B
SHARED SERVICE MODEL
BY-LAW ENFORCEMENT SERVICES
1.0 Scope of Services
1.1 Bayham shall provide By-law Enforcement Services on behalf of the Municipalities, which
include the following:
• Receive and respond during regular working hours (8:30 a.m. to 4:30 p.m., Monday through
Friday, with the exception of statutory holidays) to complaints and service requests from
the public and other enquiries relating to by-law enforcement matters.
• Conduct investigations with respect to contraventions of municipal by-laws.
• Issue Orders or Provincial Offences Act certificates and/or information and undertake
enforcement as required and according to the legislated discretion granted to the By-law
Enforcement Officer.
• Appear in Court to provide testimony and otherwise cooperate with the municipal
prosecutor on any enforcement matters proceeding through the justice system.
1.2 The Township of Malahide shall ensure that all information within its possession and control
related to By-law Enforcement Services provided to Malahide is provided to the Bayham By-law
Enforcement Officer(s) in such manner as the Officer may determine necessary in order to
discharge their duties under all applicable legislation and/or policies. All original documentation
pertaining to the Township of Malahide shall remain in the custody of the Manager of By-law
Enforcement.
2.0 By-law Enforcement Staff
2.1 Bayham shall employ or contract, for the duration of this Agreement, a By-law Enforcement
Officer(s) for the delivery of By-law Enforcement Services. All such employees or contractors are
subject to applicable administrative and/or employment policies, procedures, and practices of
the Municipality of Bayham.
2.2 The By-law Enforcement Officer(s) shall report directly to the Bayham C.A.O.
2.3 Bayham shall ensure the By-law Enforcement Officer(s) are qualified and competent and receive
appropriate training in relation to the administration of the By-law Enforcement Services in
accordance with all relevant legislation and regulations.
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2.4 Bayham may contract the services of a qualified By-law Enforcement Agency to augment its
staffing levels to ensure its capacity to provide By-law Enforcement Services to the
Municipalities.
3.0 Vehicles and Equipment
3.1 Bayham shall provide such vehicles and equipment as are reasonably required to provide By-law
Enforcement Services in the Municipalities.
3.2 The Municipalities shall provide a sufficient workspace for the By-law Enforcement Officer(s) in
their respective municipal offices.
4.0 Harmonized Operations
4.1 The Municipalities acknowledge and agree that there will be improved efficiencies for this
shared By-law Enforcement model where applicable by-laws related to the same subject matter
are consistent across the Municipalities. Without fettering the discretion of the Council of either
Municipality, the Municipalities have or agree to make efforts to consider enacting the
following:
i. Standardized operating procedures (SOPs) in order to ensure consistent execution of
complaint responses across both municipalities
ii. Identical Service Levels
ii. Harmonized Noise By-law(s)
iii. Harmonized Parking By-law(s)
iv. Harmonized Property Standards By-law(s)
v. Harmonized Animal Control By-law(s)
vi. An internal docketing system for staff time allocation to specific Malahide/Bayham
By-law Enforcement files.
5.0 Financial Arrangement
5.1 The By-law Enforcement Services as set out in section 1.1 above shall be provided on a Cost
Recovery Basis. All By-law Enforcement files will be invoiced based on 100% of billable effort.
All non-allocated work activities will be invoiced on a deemed 50/50 split of effort between
Malahide and Bayham.
5.2 The Municipalities acknowledge that any hours worked by the By-law Enforcement Officer(s)
outside of regular working hours will be recognized at the applicable overtime rate.
5.3 The Municipalities further acknowledge that the number of hours logged by the By-law
Enforcement Officer(s) to deliver Services will be recorded in fifteen minute increments and that
any portion of a fifteen minute increment shall be considered a full fifteen minutes.
5.4 For every year that this Agreement is in effect, Bayham shall provide Malahide with a detailed
Annual Cost Estimate showing the projected cost of providing By-law Enforcement Services to
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Malahide for that year. Such Annual Cost Estimate shall be provided to Malahide not later than
November 1st of the preceding year.
5.5 After every year for which this Agreement is in effect, Bayham shall provide Malahide with a
Reconciliation Statement showing the actual cost incurred by Bayham to provide By-law
Enforcement Services to Malahide. In the event that the actual cost incurred is greater than the
Cost Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the
discrepancy. Bayham shall provide Malahide with the Reconciliation Statement not later than
March 1st each year.
5.6 Bayham will invoice Malahide as follows:
i. March 31st – 25% of Annual Cost Estimate
ii. June 30th – 25% of Annual Cost Estimate
iii. September 30th – 25 % of Annual Cost Estimate
iv. December 31st – 25 % of Annual Cost Estimate
v. March 1st of the following year – a reconciliation of Annual Cost Estimate to actual cost
incurred by Bayham to provide By-law Enforcement Services to Malahide.
If there is an excess of funds collected by Bayham, it will be refunded to Malahide, and if there is
a deficit, it will be invoiced to Malahide.
5.7 Capital costs, which include the cost of a vehicle and its modifications as well as the initial
investment of any required equipment, will be paid by Bayham with costs to be recovered from
the Malahide according to the allocation of service hours as documented in the common
docketing system.
5.8 On a quarterly basis, Bayham will invoice Malahide for any additional expenditures or
disbursements as incurred and previously approved by the Municipalities in writing. Bayham will
provide all supporting documents to substantiate any fees or services provided.
5.9 Upon receipt of an itemized invoice, payment shall be within thirty (30) days of the date of the
invoice. Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per
month (15% per annum) from the due date to the date of payment.
5.10 Any By-law Enforcement revenues (i.e. fees/fines/charges) collected by Bayham, on behalf of
Malahide, will be considered as revenues of Malahide. All such revenues collected on behalf of
Malahide shall be remitted to Malahide on a quarterly basis.
6.0 Results Reporting to Councils
6.1 Bayham shall prepare a quarterly report in relation to all By-law Enforcement activities
including, but not limited to, the following:
i. Number of complaints/service requests received and responded to, including details
regarding timescale, length and number of visits, type of activity undertaken,
anticipated outcomes, charging method and cost.
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iii. Results reporting (Key Performance Indicators) that will enable the comparison of actual
file initiation and file resolution timeframes to target timeframes
iv. Tracking of billable hours across Malahide and Bayham files (docketing) in order to
reconcile 50/50 budgeted sharing with actual level of efforts expended for each
municipality
This report will be shared with the Municipalities and the Service Sharing Working Group (the
"Working Group” or “SSWG”).
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APPENDIX C
SHARED SERVICE MODEL
COMMON PLANNING AND DEVELOPMENT APPROVALS SERVICE
1.0 Scope of Services
1.1 Malahide shall provide Planning Services to Bayham, in accordance with any and all applicable
statutory, regulatory, or professional standards governing planning processes, including strict
adherence to timelines specified in the Planning Act. Such Services shall include the following:
(a) Pre-consultation with applicants;
(b) Providing notice of complete applications, public meetings, decisions or any other
prescribed event or step in a planning application that requires notice pursuant to
the Planning Act;
(c) Review and processing of planning applications for which Bayham is the approval
authority including the management of the application review process, issues
resolution and drafting of required staff reports and recommendations;
(d) Review of planning applications for which Bayham is a prescribed commenting
entity, including the drafting of comment letters and technical issue(s) resolution;
(e) Coordination and monitoring of the review of planning applications by commenting
departments or external consultants;
(f) Providing planning opinions to Council / applicable Committees and preparation of
attendant Council reports, by-laws or resolutions;
(g) Attendance at Council / applicable Committee meetings to present planning
opinions as may be required;
(h) Providing Notice(s) of Decision for all applications;
(i) Any other matter required for the effective and efficient delivery of planning
services required by the Planning Act;
1.2 In accordance with any applicable statutory, regulatory, or professional standards, the delivery
of the services specified in section 1.1 will typically occur between 8:30am and 4:30pm, Monday
to Friday, excluding holidays, except where a Council or Committee meeting may fall outside of
such hours.
1.3 It is acknowledged and agreed by the Parties that Bayham may still perform parts or portions of
Planning Services to the public on its own behalf using personnel as described in section 2.5,
below. Where Bayham provides its own Planning Services to the public then Malahide shall not,
on a file and/or application specific basis, be required to duplicate the Planning Services
performed by Bayham. The Parties hereby agree to work cooperatively and reasonably with
each other to find the most efficient use of Bayham’s own planning personnel that permits such
personnel to, on a file-specific basis, operate in support of the Planning Services provided by
Malahide to Bayham and/or to conduct such portions of the Planning Services independently of
the Malahide Planning Services provided to Bayham. In the event of the latter, Bayham shall be
solely responsible for the work of Bayham personnel.
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1.4 The Parties agree that where a council meeting conflict can’t be avoided for the Director of
Planning and Development Services, that the Partnering C.A.O.s and their staff will work
cooperatively to make arrangements and appropriate accommodations, such as allowing the
Director to present at one Partnering Council early in an evening/meeting so that the Director
can present to the other Partnering Council later in the same evening, and/or, utilizing virtual
meeting platforms.
2.0 Planning and Development Services Staff
2.1 Malahide shall employ or contract, on behalf of the Municipalities and for the duration of this
Agreement, a Director of Planning and Development Services. The Director of Planning and
Development Services will be subject to applicable administrative and/or employment policies,
procedures, and practices of the Township of Malahide.
2.2 The Director of Planning and Development Services will be responsible for the day-to day
management of the Planning and Development Services Department, including:
i. Providing strategic advice
ii. Project management
iii. Management of staff and consultants
iv. Allocation of staff resources based upon an approved work plan
v. Exercise delegated approval authority for planning applications
2.3 The Director of Planning and Development Services shall report to the Malahide C.A.O. and
Malahide Council in respect of all employment matters. The Director of Planning and
Development Services shall report on operations of the department as it relates to Bayham
planning matters to the Bayham C.A.O.
2.4 Malahide shall employ a Planning/Development Technician to provide a mix of planning and
development services. This employee will be subject to applicable administrative and/or
employment policies, procedures, and practices of the Township of Malahide and will report
directly to the Director of Planning and Development Services.
2.5 Bayham may, during the Term of this Agreement, employ a Planning/Development Technician
to provide a mix of planning and development services. In the event that Bayham employs such
an employee, the Parties agree that such employee may provide support to Malahide’s Planning
and Development Services department on terms and conditions that may be agreed to between
the parties to ensure the efficient delivery of planning services for both Municipalities. However,
for all employment-related matters the Planning/Development Technician shall be solely
responsible to Bayham and shall report to Bayham’s C.A.O.
2.7 The Malahide Chief Building Official will report to the Director of Planning and Development
Services.
3.0 Vehicles and Equipment
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3.1 The Municipalities shall provide such vehicles and equipment as are reasonably required to
provide Planning and Development Approvals Services in their respective Municipalities.
3.2 The Municipalities shall provide a sufficient workspace for Planning and Development Services
Staff in their respective municipal offices, with Bayham making available such space that may be
necessary for delivery of the Planning and Development Services as may be reasonably required.
3.3 In order to maximize the efficiency/effectiveness of the Common Planning and Development
Approvals Service delivery model, the Municipalities agree to utilize the CloudPermit Portal/
Workflow tool to provide a seamless link to Building Services using its workflow configuration
capabilities.
4.0 Shared Portfolio of Consultants
4.1 Both Malahide and Bayham may contract the services of a Planning Consultant and/or
Engineering Consultant to augment its staffing levels and/or provide specialized services to
ensure its capacity to provide Planning and Development Services to the Municipalities.
4.2 The Municipalities agree to make best efforts, in conformance with their purchasing policies, to
consolidate their existing Planning Consultants in a shared portfolio. The Municipalities agree
that, when appropriate, such retained firm(s) can be deployed across files located at their
historic client municipality. The shared portfolio of consultants will secure additional
coverage/capacity for both municipalities.
5.0 Application Fees
5.1 Each Municipality shall be responsible for establishing their own application fees for planning
applications in accordance with section 69 of the Planning Act.
5.2 Fees payable to Bayham will be collected directly by Bayham from an applicant at the time of
application. Bayham will confirm that the fee has been paid or remains outstanding at the time
Bayham delivers the application and any associated file material to the Malahide Planning and
Development Services department.
6.0 Financial Arrangement
6.1 The Planning and Development Approvals Service as set out in sections 1.1 and 1.2 above shall
be provided on a Cost Recovery Basis. All Planning/ Development Approvals files will be
invoiced based on 100% of billable effort by Malahide to Bayham. All non-allocated work
activities will be invoiced on a 50/50 split of effort between Malahide and Bayham.
6.2 The Municipalities acknowledge that any hours worked by the Planning and Development
Services Staff outside of regular working hours will be recognized at the applicable overtime
rate.
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6.3 The Municipalities further acknowledge that the number of hours logged by the Planning and
Development Services Staff to deliver Services will be recorded in fifteen minute increments and
that any portion of a fifteen minute increment shall be considered a full fifteen minutes.
6.4 For every year that this Agreement is in effect, Malahide shall provide Bayham with a detailed
Annual Cost Estimate showing the projected cost of providing Planning and Development
Services to Bayham for that year. Such Annual Cost Estimate shall be provided to Bayham not
later than November 1st of the preceding year.
6.5 After every year for which this Agreement is in effect, Malahide shall provide Bayham with a
Reconciliation Statement showing the actual cost incurred by Malahide to provide Planning and
Development Services to Bayham. In the event that the actual cost incurred is greater than the
Cost Estimate/Budget, the Reconciliation Statement shall include a concise explanation of the
discrepancy. Malahide shall provide Bayham with the Reconciliation Statement not later than
March 1st each year.
6.6 Malahide will invoice Bayham as follows:
i. March 31st – 25% of Annual Cost Estimate
ii. June 30th – 25% of Annual Cost Estimate
iii. September 30th – 25 % of Annual Cost Estimate
iv. December 31st – 25 % of Annual Cost Estimate
v. March 1st of the following year – a reconciliation of Annual Cost Estimate to actual cost
incurred by Malahide to provide Planning and Development Services to Bayham.
If there is an excess of funds collected by Malahide, it will be refunded to Bayham, and if there is
a deficit, it will be invoiced to Bayham.
6.7 Capital costs, which include the initial investment of any required equipment, will be paid by
Malahide with costs to be recovered from Bayham according to the allocation of service hours
as documented in the common docketing system. The Parties agree that the Planning Services
will not require the purchase of a vehicle. Personal vehicles will be utilized in accordance with
Malahide policies, and the Director will also be able to utilize the Building Services vehicle.
6.7 On a quarterly basis, Malahide will invoice Bayham for any additional expenditures or
disbursements as incurred and previously approved by the Municipalities in writing. Malahide
will provide all supporting documents to substantiate any fees or services provided.
6.8 Upon receipt of an itemized invoice, payment shall be within thirty (30) days of the date of the
invoice. Any amounts due shall, if not paid when due, accrue interest at the rate of 1.25% per
month (15% per annum) from the due date to the date of payment.
7.0 Results Reporting to Councils
7.1 Malahide shall prepare a quarterly report in relation to all Planning and Development activities
including, but not limited to, the following:
i. Number of applications
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ii. Application processing/decision timeframes, including results reporting (Key
Performance Indicators) that will enable the comparison of actual processing/decision
timeframes to target timeframes
iii. Generated fees/deposits
iv. Tracking of billable hours across Malahide and Bayham files (docketing) in order to
reconcile 50/50 budgeted sharing with actual level of efforts expended for each
municipality
This report will be shared with the Municipalities and the Service Sharing Working Group (the
"Working Group” or “SSWG”).
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2023-004 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. 2022-079 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 19th DAY OF JANUARY 2023. ___________________________ _____________________________ MAYOR CLERK
AGREEMENT
RECYCLING RECEPTACLE SERVICES
THIS AGREEMENT DATED THE 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 $582.60 SUB TOTAL $582.60 HST $ 75.74 WEEKLY TOTAL $658.34
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. 2023-005 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD JANUARY 19, 2023 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 January 19, 2023 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 19th DAY OF JANUARY 2023.
____________________________ _____________________________ MAYOR CLERK