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HomeMy WebLinkAboutFebruary 16, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, February 16, 2023 7:00 p.m. The February 16, 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 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held February 2, 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 A. Report BL-01/23 by Harry Baranik, Fire Chief/By-Law Enforcement re New Dog Regulation By-Law 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION Council Agenda February 16, 2023 2 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing of Zoning By-law Amendment – Latimer 12.1.2 Requiring Action 12.2 Reports to Council 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Ontario Provincial Police re Tragic Event in Memphis Tennessee B. Office of Minister Responsible for Emergency re Provincial Emergency Management Strategy and Action Plan C. City of Brantford re VIA Rail Cancellations D. Municipality of West Elgin re Request to Review By-Law EC-1 Parking By-Law E. LPRCA re Board of Director Meeting Minutes of January 11, 2023 F. Elgin County re What’s New in Elgin February 2023 13.1.2 Requiring Action A. Otter Valley Naturalists re The Mayor’s Monarch Pledge 13.2 Reports to Council A. Report TR-03/23 by Lorne James, Treasurer re 2022 Public Sector Salary Disclosure Act (PSSDA) B. Report TR-04/23 by Lorne James, Treasurer re 2022 Investment Report C. Report TR-05/23 by Lorne James, Treasurer re 2022 Council Remuneration and Expenses D. Report CL-01/23 by Meagan Elliott, Deputy Clerk re Committee Policy and Committee Terms of Reference E. Report CAO-12/23 by Thomas Thayer, CAO|Clerk re Strategic Plan Update – Review of Proposed Initiatives F. Report CAO-13/23 by Thomas Thayer, CAO|Clerk re Recruitment Committee – Director of Development Services – Shared with Township of Malahide Council Agenda February 16, 2023 3 14. BY-LAWS A. By-law No. 2023-009 Being a by-law to amend by-law 2022-011 being a by-law to appoint Municipal Officers and Employees for the Municipality of Bayham B. By-law No. 2023-010 Being a by-law to authorize the execution of a transfer of lands and declare lands in the Municipality of Bayham as part of the open public highway system (Clarke Road) C. By-law No. 2023-011 Being a by-law to provide for the regulation, restriction and prohibition of the keeping and the running at large of dogs in the Municipality of Bayham D. By-law No. 2023-012 Being a by-law to establish an advisory board and committee policy E. By-law No. 2023-013 Being a by-law to establish a museum advisory committee F. By-law No. 2023-014 Being a by-law to establish a waterfront advisory committee G. By-law No. 2023-015 Being a by-law to establish a joint cemetery board 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-016 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, February 2, 2023 7:00 p.m. The February 2, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON *attended via Zoom SUSAN CHILCOTT ABSENT: COUNCILLORS DAN FROESE 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 13.2 C Report CAO-11/23 by Thomas Thayer, CAO|Clerk re Stabilization Measures – Port Burwell Lighthouse 4. ANNOUNCEMENTS Deputy Mayor Weisler announced that the Long Point Region Conservation Authority (LPRCA) has opened their online bookings for camping for the season. Weisler noted that the LPRCA is celebrating 75 years of conservation presence and to subscribe to their social media platforms to stay up to date with events and information. 5. PRESENTATIONS 6. DELEGATIONS Council Minutes February 2, 2023 2 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held January 18, 2023 B. Regular Council Meeting held January 19, 2023 C. Statutory Planning Meeting held January 19, 2023 Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes from the Special Council Meeting held January 18, 2023, the Regular Council Meeting held January 19, 2023 and the Statutory Planning Meeting held January 19, 2023 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-03/23 by Ed Roloson, Water/Wastewater Operations re 2022 Annual Drinking Water and Compliance Summary Reporting for the Bayham and Richmond Drinking Water Systems Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report PS-03/23 re 2022 Annual Drinking Water and Compliance Summary Reports for the Bayham and Richmond Drinking Water Systems be received for information. CARRIED Council Minutes February 2, 2023 3 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Decision to Refuse an Official Plan Amendment OPA 01/22 – M&R Glen and Barry Wade Homes Inc. Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT item 12.1.1 A be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-07/23 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning Application ZBA-09/22 Latimer – 54296 Heritage Line Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report DS-07/23 regarding the Latimer rezoning application ZBA-09/22 be received for information; AND THAT pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held January 19, 2023 associated with this application, there were two (2) written submissions (supporting) and no oral presentations received regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on a property located in Concession 7 NTR South Part Lot 114, known municipally as 54296 Heritage Line from Estate Residential (ER) to site-specific Estate Residential (ER-12) Zone for a site-specific home occupation, agricultural use with maximum accessory building floor area of 471 m2 and maximum accessory building height of 6.7 m, subject to Site Plan Control; AND THAT Zoning By-law No. Z754-2023 be presented to Council for enactment. CARRIED B. Report DS-08/23 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Application E104-22 B & M Crevits – 56858 Tunnel Line Moved by: Councillor Emerson Seconded by: Councillor Chilcott Council Minutes February 2, 2023 4 THAT Report DS-08/23 regarding Consent Application E104-22 Crevits be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E104-22 be granted subject to the following conditions and considerations: 1. Rezoning of the severed lot from Agricultural (A1-A) to Rural Residential (RR) Zone and the retained lands from Agricultural (A1-A) to Special Agricultural (A2) to prohibit new dwellings 2. Municipal Road Access Permit required for access to the retained lands from Tunnel Line 3. Purchase civic number signage for the retained parcel 4. Planning Report fee payable to the municipality 5. Digital copy of the final survey provided to the municipality CARRIED C. Report DS-09/23 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Applications E80-22, E81-22 & E82-22 1162991 Ontario Ltd. – Concession 9 Part Lots 23 & 24, Eden Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report DS-09/23 regarding Consent Applications E80-22, E81-22 and E82-22, 1162991 Ontario Inc., be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E80-22, E81-22 and E82-22 be granted subject to the following conditions and considerations: 1. Installation of an extension of the municipal sanitary sewer system to provide connection to the severed lot at the applicants’ cost for all permits and installation requirements 2. Rezoning required to remove the Holding (h2) provision by entering into an Agreement with the Municipality 3. Provide engineered storm water management and grading plans to the satisfaction of the Municipality 4. Petition for municipal drainage to extend the drain to service the severed lots 5. Confirmation of suitability of access to County Road 19 (Plank Road) 6. Purchase of civic addressing signage for each lot and the retained lot 7. Cash-in-lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 8. Planning Report fee payable to the Municipality 9. Provide a digital copy of the registered plan of survey CARRIED Council Minutes February 2, 2023 5 D. Report DS-10/23 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent Applications E89-22 & E95-22 A. Hiebert – 56284 Heritage Line Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Report DS-10/23 regarding Consent Applications E89-22 and E95-22 Hiebert, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E89-22 be granted subject to the following conditions and considerations: 1. Provide a professional assessment that a primary well and a secondary well location for future replacement can be adequately accommodated on both parcels if needed in the future OR the owner remove the existing sanitary sewer connection from the retained lands and connect the retained lands dwelling to the sanitary sewer line in the Heritage Line right-of-way to the satisfaction of the municipality 2. Rezoning of the retained land to a site-specific R1 zone to permit a reduced lot area and lot frontage 3. Rezoning of the severed lands to a site-specific R1 zone to permit a reduced lot frontage 4. Provide engineered storm water management and grading plans to the satisfaction of the Municipality 5. Cash-in-lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 6. Planning Report fee payable to the Municipality 7. Provide a digital copy of the registered plan of survey AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E95-22 be deferred until such time as municipal Condition 1 of application E89-22 is satisfied. CARRIED 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Town of Petrolia re School Board Elections B. Township of Montague re World Thinking Day C. City of Thunder Bay re Gender Affirming Healthcare Act D. City of Kitchener re Bill 23 E. Elgin County re January 10 & 12, 2023 County Council Highlights Council Minutes February 2, 2023 6 Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT items 13.1.1 A – E be received for information. CARRIED 13.1.2 Requiring Action A. Elgin County re Recruitment of Members for the Terrace Lodge Redevelopment Fundraising Committee Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT the correspondence from Elgin County re Recruitment of Members of the Terrace Lodge Redevelopment Fundraising Committee be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham appoint Timothy Emerson, Councillor Ward 1, as Bayham’s representative on the Terrace Lodge Redevelopment Fundraising Committee. CARRIED 13.2 Reports to Council A. Report TR-02/23 by Lorne James, Treasurer re 2024 Budget Schedule Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-02/23 re 2024 Budget Schedule be received for information. AND THAT the proposed Budget Guidelines and meeting dates be approved as set out in Report TR-02/23. CARRIED B. Report CAO-10/23 by Thomas Thayer, CAO|Clerk re Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report CAO-10/23 re Disaster Mitigation and Adaptation Fund (DMAF) Application – Port Burwell Stormsewers be received for information; AND THAT Council support an application to the Disaster Mitigation and Adaptation Fund (DMAF) for Phases 1C-1F of the Port Burwell Drainage Master Plan. CARRIED Council Minutes February 2, 2023 7 C. Report CAO-11/23 by Thomas Thayer, CAO|Clerk re Stabilization Measures – Port Burwell Lighthouse Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-11/23 re Stabilization Measures – Port Burwell Lighthouse be received for information; AND THAT stabilization measures for the Port Burwell Lighthouse proceed as outlined in Report CAO-11/23; AND THAT the identified stabilization measures be funded through the Facilities Reserve. CARRIED 14. BY-LAWS A. By-law No. Z754-2023 Being a by-law to amend By-Law No. Z456-2003, as amended – Latimer Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT By-law No. Z754-2023 be read a first, second and third time and finally passed. CARRIED 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2023-008 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-008 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler Council Minutes February 2, 2023 8 THAT the Council meeting be adjourned at 8:27 p.m. CARRIED MAYOR CLERK REPORT FIRE DEPARTMENT TO: Mayor & Members of Council FROM: Harry Baranik, Fire Chief/By-Law Enforcement DATE: February 16, 2023 REPORT: BL-01/23 SUBJECT: NEW DOG REGULATION BY-LAW BACKGROUND: On October 6, 2022, Council received for information Staff Report BL-02-22, Animal Control By- Law - Requirement for Dog Licensing. Council received the Report for information and further approved that there would no longer be a requirement for dog owners to obtain dog licenses through the Municipality as of January 1, 2023. Instead, there would be a requirement for the owner to provide a form of dog identification by means of a dog tag, with the owner’s contact information on the tag, and/or having the dog microchipped. The last requirement in the staff report was to have staff bring forth the amendments to By-law No. 2015-113, the Animal Control By-law, as amended, for Council’s consideration. DISCUSSION: Upon reviewing By-law No. 2015-113, the Animal Control By-law, staff realized the complexity of the amendments and believe amending the by-law is not the most appropriate method to accommodate the proposed changes. Staff concluded that By-law No. 2015-113 should be repealed and a new by-law should be prepared and brought before Council for their consideration and approval. In their research for the new proposed by-law, staff reviewed neighbouring municipalities’ Animal/Dog Control by-laws to ensure fairness. Further, more robust definitions were added including Dog Kennel and Rescue Dog Shelters with requirements for inspections and obtaining annual licenses. These inspections are designed to ensure the proper care of dogs in the kennels’/shelter’s possession. The comprehensive changes between the existing By-law No. 2015-113 and its proposed replacement by-law are noted in point-form below. The Sections below correspond to the new proposed by-law, however reference the changes to the old by-law: 1. Title & Definition and throughout new by-law: Removal of reference to ‘Animal’ and replaced with ‘Dog’ as the Municipality has a Prohibited Animal By-Law which regulates other animals. 2. Section 1: Definitions: Addition of the term ‘Dog Identification’ to include a dog tag with the owner’s information and/or having the dog microchipped. 3. Subsections 2. 6 & 2.7: Dogs permitted on East Beach: The two subsections were combined to allow a clearer understanding of the times and dates which dogs are prohibited or allowed on the beach. 4. Subsection 2.10: Removal of reference to the Dog Owners’ Liability Act as it is redundant. 5. Section 4 – Dog Licenses: Removal of the requirement of an owner to obtain a dog license and replaced with the requirement to have a form of dog identification when off the owner’s property. 6. Section 5 – Kennels: This Section has been enhanced with requirements to ensure the Kennel is properly constructed, kept clean, well ventilated, and safe for the dog(s). The Section also allows for inspections upon a complaint or for an annual renewal. The Section further provides for the license to be revoked and an appeal process to Council for any revocation. The Section still requires Zoning approval. 7. Section 6 – Animal Rescue Shelters: ‘Animal Rescue Shelters’ was removed from the Kennel Section of the old by-law and set in its own Section. There is an annual license requirement to ensure the Shelter meets all zoning requirements and all other conditions. As in the Kennel Section (5), this Section has the same requirements to keep the facility clean, ventilated and safe, allows for inspections, and the revoking of a license with an appeal to council. 8. Section 8 - Exemptions: Removed the requirement for an owner to pay for a Dog License and removed reference to ‘Cats’. 9. Section 9 – Administration: Added the Right of Entry onto lands for the Officer an Officer to inspect for a violation; that no person shall hinder or interfere with the inspection; the Court of Competent Jurisdiction may make an Order Prohibiting repetition of the offence; and the clause if a court deems a section invalid, the remainder of the By-law remains valid. 10. Section 11 – No Liability: Added protection against civil recourse for a dog who has been killed, euthanized, or otherwise disposed of for the Municipality and its servants. 11. Section 12 – Transition: Added to allow for a transition period from the old by-law to the new by-law to enable any investigations under the old by-law to continue. 12. Section 13 – Repeal and Enactment: Repeal the old by-law and enact the new by-law. Staff are recommending that Council enact proposed By-law No. 2023-011, being a By-Law to Provide Regulation, Restriction, and Prohibition of the Keeping and the Running At Large of Dogs in the Municipality of Bayham, which will also repeal By-law No. 2015-113. This By-law is included in By-laws Section of the February 16, 2023 Council Agenda for review. RECOMMENDATION: 1. THAT Report BL-01/23 re New Dog Regulation By-law be received for information; 2. AND THAT By-law No. 2023-011, being a By-Law to Provide Regulation, Restriction, and Prohibition of the Keeping and the Running At Large of Dogs in the Municipality of Bayham, be brought forward for Council’s consideration. Respectfully submitted, Harry Baranik, Fire Chief/CEMC/By-Law B.A., CMM III Police Professional/Fire Services Executive, CEMC, CAFI Reviewed by: Thomas Thayer, CMO CAO|Clerk ZBA-09/22 Latimer PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW NO. Z754-2023 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z754-2023 on the 2nd day of February 2023, under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 26th day of February 2023 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law is amendment 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-12) zone to permit a site-specific home occupation, agricultural use for onsite and home-based large 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 an 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. ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection in the municipal office during regular office hours. DATED AT THE MUNICIPALITY OF BAYHAM THIS 6th DAY OF FEBRUARY 2023. NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. 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 File #: OPP-7900 January 27, 2023 MEMORANDUM TO: ALL MEMBERS Re: Tragic Event in Memphis Tennessee – Tyre Nichols By now, you are likely aware of the tragic incident involving Mr. Tyre Nichols and members of the Memphis Police Department. Tragically, Mr. Nichols died following the altercation. It is anticipated that the criminal acts of these officers that have led to his death will raise public concerns about police brutality, use-of-force and police interaction leading to erosion of trust and confidence in our profession. Obviously, these acts do not reflect the vision, mission and values of the Ontario Provincial Police (OPP). Our members complete their professional obligations while maintaining the highest standard of conduct, integrity and ethical behaviour. Our actions align with our words by exemplifying our values of interacting with respect, compassion and fairness – something our members do every day. Along with our law enforcement partners we continue to monitor this situation and will disseminate any relevant operational information that arises. The Chief of the Memphis Police Department has issued a video statement in light of this incident and in anticipation of the community’s reaction in response to the release of video evidence. The anticipated release of this video evidence is expected to generate solidarity protests across North America. We are reminded of our professional responsibility and duty to respect the right of everyone’s freedom of expression and peaceful assembly. Our role is to ensure public safety and to keep the peace. Tragic Event in Memphis Tennessee – Tyre Nichols Page two Such tragic events affect us all. You may be feeling, and/or subjected to, emotions of anger, sadness and outrage over this incident. It is important that we support one another. Confidential resources are available for all members, families, retirees, and auxiliaries through our Healthy Workplace Team (available by phone 24/7, toll-free at 1-844-OPP-9409 (1-844-677-9409)). The Ontario Provincial Police Association’s (OPPA) Encompas Mental Health Wellness Program is also available to eligible OPPA and Commissioned Officers’ Association members. Call 24/7: 1-866-794-9117 or visit encompascare.ca. The event that occurred in Memphis, Tennessee was unconscionable and unacceptable. Never doubt, the OPP does not condone this type of behaviour, which goes against our values and equal respect for all. Thank you all for your ongoing dedication and professionalism. Thomas Carrique, O.O.M. c: Provincial Commanders President, Commissioned Officers’ Association President, Ontario Provincial Police Association President, Civilian Association of Managers and Specialists …/2 Treasury Board Secretariat Office of the President Room 4320, Whitney Block 99 Wellesley Street West Toronto ON M7A 1W3 Tel.: 416-327-2333 Secrétariat du Conseil du Trésor Bureau du président Édifice Whitney, bureau 4320 99, rue Wellesley Ouest Toronto (Ontario) M7A 1W3 Tél. : 416 327-2333 February 3, 2023 Dear Head of Council: As minister responsible for emergency management, I am proud to release Ontario’s first-ever Provincial Emergency Management Strategy and Action Plan. This comprehensive plan and approach for emergency management is the first in Canada to require annual and public reporting on progress. This plan will ensure Ontarians are safe, practiced and prepared before, during and after emergencies. The plan is the result of productive and ongoing engagement with municipal and First Nations partners, and other critical emergency management partners. Cooperation, collaboration and communication is the strong foundation upon which this plan was built. This plan reinforces our continued partnership with municipalities and will be further strengthened through ongoing engagement to achieve our collective vision of a safe, practiced and prepared Ontario. This plan identifies three goals and concrete actions designed to keep Ontario in a state of constant readiness and preparedness—both now and into the future: o One Window for All Ontarians which positions Emergency Management Ontario to proactively coordinate and facilitate across emergency management partners. o Proactive Planning and Monitoring that is grounded in data, analytics and knowledge. o Practiced and Prepared Emergency Response through strengthened local capabilities, emergency management training and public education. -2- Thank you for your valued partnership as we work together to ensure Ontario is safe, practiced and prepared. Sincerely, Prabmeet Singh Sarkaria President of the Treasury Board and Minister Responsible for Emergency Management c: Bernie Derible, Deputy Minister and Commissioner of Emergency Management, Treasury Board Secretariat CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca February 3, 2023 The Honourable Omar Alghabra Federal Minister of Transportation Sent via email: omar.alghabra@parl.gc.ca Dear County Honourable Omar Alghabra: Please be advised that Brantford City Council at its meeting held January 31, 2023 adopted the following: 12.2.8 VIA Rail Cancellations WHEREAS residents in the City of Brantford may choose to live in Brantford because of its convenient location in Southwestern Ontario; and WHEREAS many residents commute to their places of employment outside of The City of Brantford, many of them relying on rail transit; and WHEREAS in August 2021 the federal Minister of Transportation visited Brantford Via station and announced that the federal government would be pursuing opportunities to enhance passenger rail services in southwestern Ontario; and WHEREAS in August 2022 the federal government announced they would be exploring options to improve passenger rail frequencies, on-time performance, and shorten travel times in Southwestern Ontario; and WHEREAS since 2020 a number of passenger rail lines have been suspended or cancelled leaving residents of Brantford with fewer commuting options; and WHEREAS there is a need for commuter rail travel options for City residents that depart from the downtown Brantford rail station; and WHEREAS pre-pandemic line 82 served residents in Southwestern Ontario commuting to employment in downtown Toronto. Line 82 began in London at 6:30 am, stopped in Brantford at 7:30 and arrived at Toronto’s union station at 8:30 making it very popular with commuters residing in London, Woodstock and Brantford; and WHEREAS Via Rail has reinstated a number of Ontario rail lines that were suspending during the pandemic, not including Line 82; and 2 CITY CLERK’S OFFICE City Hall, 58 Dalhousie Street, Brantford, ON N3T 2J2 P.O Box 818, Brantford, ON N3T 5R7 Phone: (519) 759-4150 Fax: (519) 759-7840 www.brantford.ca WHEREAS the announcement reinstating Line 82 has been unreasonably delayed, causing a great deal of angst and anxiety for rail line commuters; and WHEREAS line 82 is an important transportation link for many residents in Southwestern Ontario and also for builders considering residential developments in the northern section of Brantford’s downtown area, which developments are an important component of the downtown renewal action plan. NOW THEREFORE BE IT RESOLVED: A. THAT the Council of The Corporation of The City of Brantford respectfully CALLS UPON the Government of Canada to resume, in good faith, investigations into opportunities to enhance passenger rail services in southwestern Ontario; and B. THAT the Council of The Corporation of The City of Brantford respectfully CALLS UPON Via Rail to reinstate line number 82 immediately; and C. THAT the Clerk BE DIRECTED to forward a copy of this resolution to The Federal Minister of Transportation, The Honourable Omar Alghabra, The City of Brantford Member of Parliament, The Honourable Larry Brock, Via Rail Canada and to each municipality impacted by the route cancellations, namely The City of London and The City of Woodstock. I trust this information is of assistance. Yours truly, Chris Gauthier Acting Clerk, cgauthier@brantford.ca cc MP Larry Brock VIA Rail Canada Ontario Municipalities P: 519.785.0560 x 222 E: clerk@westelgin.net F: 519.785.0644 www.westelgin.net The Municipality of West Elgin 22413 Hoskins Line, Rodney, Ontario N0L 2C0 February 7, 2023 Elgin County Council RE: Request to Review By-Law EC-1 Parking By-law West Elgin Council has provided direction to staff to request that Elgin County undertake a review of the By-law Number EC-1 Parking By-law which was subsequently adopted by the majority of Lower Tier Municipal Councils in Elgin County. This by-law was adopted in November 2001, with the set fines also being applied for at that time and has not seen a comprehensive review of the by-law or increase in the set fines for parking violations during this period. Currently all fines are set between $15.00 and $55.00, with the majority of fines set at $25.00. West Elgin Council believe that a joint review of this by-law by the County and local municipal partners would best serve the public interest as well as provide the local municipal partners with the expertise of the County Staff. Sincerely, Jana Nethercott Clerk Cc Elgin County Clerks. LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of January 11, 2023 Approved February 1, 2023 FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 - Members in attendance: John Scholten, Chair Township of Norwich Michael Columbus, Vice-Chair Norfolk County Shelley Ann Bentley Haldimand County Dave Beres Town of Tillsonburg Doug Brunton Norfolk County Robert Chambers County of Brant Tom Masschaele Norfolk County Stewart Patterson Haldimand County Chris Van Paassen Norfolk County Rainey Weisler Municipality of Bayham/Township of Malahide Peter Ypma Township of South-West Oxford Regrets: none Staff in attendance: Judy Maxwell, General Manager Aaron LeDuc, Manager of Corporate Services Leigh-Anne Mauthe, Interim Manager of Watershed Services Paul Gagnon, Lands and Waters Supervisor 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, January 11, 2023. 2. Additional Agenda Items There were no additional agenda items. 3. Declaration of Conflicts of Interest None were declared. 4. Election of Chair and Vice-Chair 2023 The Chair and Vice-Chair vacated their seats and Ms. Kimberley Earls, Executive Director for South Central Ontario Region Economic Development Corporation assumed the Chair position. The positions for Chair and Vice-Chair were declared vacant. FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 - A-1/23 Moved by C. Van Paassen Seconded by R. Weisler THAT the LPRCA Board of Directors appoints Alison Earls as scrutineer for the purpose of electing officers. CARRIED a) Election of Chair 1) Call for Nominations Robert Chambers nominated John Scholten who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Chair A-2/23 Moved by R. Chambers Seconded by D. Brunton THAT the nominations for the Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer Ballots were not required. 4) Announce Election Results John Scholten was declared the Long Point Region Conservation Authority Chair for 2023. 5) Motion to Destroy Ballots Ballots were not required FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 - b) Election of Vice-Chair 1) Call for Nominations Dave Beres nominated Michael Columbus who accepted the nomination. Chair Earls made two further calls for nominations. There were no further nominations. 2) Motion to Close Nominations for Vice-Chair A-3/23 Moved by D. Beres Seconded by P. Ypma THAT the nominations for the LPRCA Vice-Chair be closed. CARRIED 3) Distribution and collection of ballots by Scrutineer Ballots were not required. 4) Announce Election Results Michael Columbus was declared the Long Point Region Conservation Authority Vice-Chair for 2023. 5) Motion to Destroy Ballots Ballots were not required. The Chair and Vice-Chair thanked their nominators and the Board for their support and were looking forward to the year ahead. John Scholten assumed the Chair. Ms. K. Earls and Ms. A. Earls were thanked for their service and left the meeting at 6:40 p.m. 5. Committee Appointments The General Manager reviewed each of the committee membership requirements and members were asked to express interest in committee appointments. A vote was required for the Lee Brown Marsh Management Committee. FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 - A-4/23 Moved by P. Ypma Seconded by R. Weisler THAT the LPRCA Board of Directors approves the following appointments for 2023: Dave Beres as the Land Acquisition Chair; And Michael Columbus and the LPRCA Chair to the Lee Brown Marsh Management Committee; And Robert Chambers, Dave Beres, Tom Masschaele, and the LPRCA Chair to the Backus Museum Committee; And Doug Brunton, Stewart Patterson, Chris Van Paassen, the LPRCA Chair, and LPRCA Vice-chair to the Audit and Finance Committee. CARRIED 6. Minutes of the Previous Meeting a) Board of Directors Meeting Minutes of December 7, 2022 There were no questions or comments. A-5/23 Moved by S. Patterson Seconded by P. Ypma THAT the minutes of the LPRCA Board of Directors Meeting held December 7, 2022 be approved as circulated. CARRIED 7. Business Arising No business arising from the previous minutes. FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 - 8. Review of Committee Minutes No committee minutes presented. 9. Correspondence a) Municipality of Bayham re: 2023 Draft LPRCA Budget b) Oxford County re: LPRCA Board Appointments c) Oxford County re: Review of a Place to Grow and Provincial Policy Statement d) Municipality of Bayham re: LPRCA Board Appointment e) Haldimand County re: LPRCA Board Appointments f) Malahide Township re: LPRCA Board Appointment A-6/23 Moved by T. Masschaele Seconded by D. Beres THAT the correspondence outlined in the Board of Directors Agenda of January 11, 2023 be received as information. CARRIED 10. Development Applications a) Section 28 Regulations Approved Permits Through the General Manager’s delegating authority, 19 applications were approved in the past month. LPRCA-10/22, LPRCA-224/22, LPRCA-262/22, LPRCA-263/22, LPRCA-264/22, LPRCA-265/22, LPRCA-266/22, LPRCA-267/22, LPRCA-268/22, LPRCA-269/22, LPRCA-270/22, LPRCA- 271/22, LPRCA-272/22, LPRCA-273/22, LPRCA-274/22, LPRCA- 275/22, LPRCA-276/22, LPRCA-277/22, and LPRCA-278/22. All of the staff-approved applications met the requirements as set out in Section 28 of the Conservation Authorities Act. A total of 278 permits were issued in 2022, comparable to the number of permits issued in 2021. A-7-23 Moved by S. Patterson Seconded by S. Bentley THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated January 11, 2023 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 - 11. New Business a) Legislative and Regulation Changes Effective January 1, 2023 On December 28, 2022, the government announced amendments to the Conservation Authorities Act and amendments to two of the regulations approved in support of Bill 23 that affect LPRCA. Immediately following the release of the new amendments, a Minister’s Direction was received advising all conservation authorities to freeze planning and permitting fees effective January 1, 2023 to December 31, 2023. Therefore, LPRCA planning and permitting fees will remain at 2022 rates. The impact to the 2023 budget is minimal. The changes to the Act do not affect LPRCA’s regulatory role related to Natural Hazards such as flooding, erosion, and dynamic beach area. Staff will continue to review all changes and comply with the legislation. A-8/23 Moved by M. Columbus Seconded by D. Brunton That the LPRCA Board of Directors receives the staff report regarding the Minister’s Direction and Legislative and Regulatory Changes Effective January 1, 2023 as information. CARRIED b) 2023 LPRCA Budget Vote After the Budget meeting on November 9, 2022, the 2023 LPRCA Draft Budget was circulated to member municipalities for a 30-day comment period on November 10, 2022. Staff responded to a request from the Municipality of Bayham for clarification of the expenditure increases and the impacts to the 2023 budget. There has been no further correspondence. Brant County has requested a presentation to their council on January 18, 2023. A-9/23 Moved by D. Beres Seconded by T. Masschaele That the LPRCA Board of Directors approves the following recommendations regarding LPRCA’s 2023 Operating and Capital budgets; FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 7 - 1. That the 2022 approved Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees be approved as the 2023 Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees as set out in Attachment 1; 2. That the 2023 proposed Conservation Area User Fees be approved as set out in Attachment 2; 3. That the 2023 Operating Budget in the total amount of $5,568,754 and requiring a Municipal Levy- Operating of $2,099,510 be approved as set out in Attachment 3; 4. That the 2023 Capital Budget in the total amount of $651,955 requiring a General Municipal Levy- Capital of $150,000 be approved as set out in Attachment 3; 5. That the proposed 2023 Consolidated Budget in the total amount of $6,220,709 and requiring a Municipal Levy –Consolidated of $2,249,510 be approved as set out in Attachment 3. Member Municipality/Group Weight Absent Present In Favour Opposed Rainey Weisler Municipality of Bayham 4.67  4.67 Robert Chambers County of Brant 7.27  7.27 Shelley Ann Bentley Haldimand County 7.48  7.48 Stewart Patterson Haldimand County 7.48  7.48 Rainey Weisler Township of Malahide 0.75  0.75 Doug Brunton Norfolk County 12.5  12.5 Michael Columbus Norfolk County 12.5  12.5 Tom Masschaele Norfolk County 12.5  12.5 Chris Van Paassen Norfolk County 12.5  12.5 John Scholten Township of Norwich 7.45  7.45 Peter Ypma Township of South-West Oxford 7.45  7.45 Dave Beres Town of Tillsonburg 7.45  7.45 Weighted Vote Result 100% 100% CARRIED FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 8 - c) Mileage and Per Diem Report The Administrative By-Law section 1.5 regarding member remuneration, and a survey of 25 conservation authorities mileage, per diems, and honorariums conducted by Conservation Ontario in early 2022 were reviewed and discussed. The Audit and Finance Committee will review the member remuneration policy and will bring any recommendations to the Board at a future meeting. A-10/23 Moved by D. Beres Seconded by R. Chambers THAT the LPRCA Board of Directors approves increasing the Chair’s Honorarium to $2,650, the Vice-chair’s Honorarium to $1,060, the Member’s meeting per diems to $106, and the mileage rate to $0.55 per kilometer effective January 1, 2023. CARRIED d) 2023 Tree Order Confirmation Long Point Region Conservation Authority purchases a variety of native tree and shrub species for restoration projects annually; projects include the Private Land Tree Planting Program, the 50 Million Tree Program, and the Clean Water project. Staff proposed to order 42,100 seedlings for the 2023 season. The tree planting program is a cost recovery program. A-11/23 Moved by R. Weisler Seconded by P. Ypma THAT the LPRCA Board of Directors approves the 2023 tree order of 42,000 trees at a cost of $49,027.50 for the 2023 spring tree planting season. CARRIED e) Timber Tender LP-348-23 Harris Floyd Block 3 Tender packages were sent to various loggers, sawmill operators, and timber buyers with a closing date of February 6, 2023. Four bids were received by the deadline and staff recommended the tender be awarded to the highest bidder. FULL AUTHORITY COMMITTEE MEMBERS Shelley Benton, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 9 - A-12/23 Moved by D. Brunton Seconded by T. Masschaele THAT the LPRCA Board of Directors accepts the tender submitted by Leonard Pilkey for marked standing timber at the Harris Floyd Tract – Block #3– LP-348-23 for a total tendered price of $162,344.00. CARRIED Adjournment The Chair adjourned the meeting at 7:35 p.m. _______________________________ ________________________________ John Scholten Judy Maxwell Chair General Manager/Secretary-Treasurer /dm     February 2023   It's hard to believe we're already entering chapter 2 of 12 for 2023! In February, the month of love, we're inspired to share and celebrate all there is to love about Elgin County. Whether you're shopping, staying, savouring, or experiencing, there is something new around every corner. Check out our social media feeds for some fun ideas either in your own backyard or in a neighbouring community- Elgin truly is Open All-Year Round. Our big scoop of the month is that the 2023 Elgin County Vistiors' Guide is hot off the press! If your business or office would like some copies to have on hand, please email tourism@elgin.ca. You can find the digital version of the guide HERE Let this incredible handbook be your guide to memory making and exploration in Elgin this year! Both a welcome and a shoutout go out to the new Dollar Haven & Discount store in West Lorne! Owner Khurshid and his team have established a bright, spacious store that is fully stocked with a unique range of goods. The business is located in the former Tasty Sweets café and bakery building. Check them out when you're in town! A huge congratulations to Bill and Steven on their new venture with Aylmer Glass & Mirror and best wishes to Tony & Deb in their new chapter! We are excited to see all the ways this longtime local business continues to grow and adapt. House of Earnest Our first February feature is someone with whom we've been thrilled to spend some time over the past few months! Rebecca McKinnon of House of Earnest recently began her small business journey with a professional wallpaper installation, painting, and decorating company. In late 2022, she installed the grasscloth feature wall in the new Elgin County Economic Development and Tourism suite located on the first floor of 450 Sunset Drive, and we couldn't be more pleased with her craftsmanship! Rebecca offers professional wallpaper installation services of murals, traditional paper, woven, non- woven, vinyl, grasscloth, and more anywhere in your home, including powder rooms, feature walls, nurseries, etc. This also includes measuring, estimating and consultation services to help plan your wallpaper project. On the paint side, Rebecca does regular paint jobs, hand painted murals and offers colour consultations using Benjamin Moore, Sherwin Williams and Farrow and Ball paint colors. After learning more about her journey to House of Earnest, decorating interiors seems like it was destined to be part of Rebecca's story. Indeed, she joins a legacy of ancestors that have helped to shape and style the family homes of Elgin County-- her great-great grandfather, Robert Morris, was the architect and master woodworker behind such iconic residences as the Stephen Backus home and Backus-Page House in Tyrconnell. Born and raised in London's Wortley Village, Rebecca and her family moved to her grandfather's former dairy farm in Iona when she was 17. She went on to receive a degree from Western University which included a minor in Art History and Critcism. Her love for the arts led to a job as a tour guide at the Vatican Museum in Rome, Italy where she relished in the frescoes, tapestries, art, history, and culture of that historic place. She later worked as a museum art educator, sharing her love for the arts with the public, before returning home to Ontario when she started her family. Rebecca always loved Elgin County and her rural roots, and she and her young family enjoy exploring the local countryside. When their dream old farmhouse came on the market, they jumped at the opportunity to renovate it into the perfect mix of old and new, and one of the best ways to blend the two was through wallpaper. Rebecca notes that adding that unique touch to a space leans into nostalgia but also can breathe new life at the same time, adding complexity to a design. She greatly enjoyed those wallpaper projects and later volunteered to use her skills to install a wallpaper accent wall at a friend's company in London. After that was a success, she became connected with the Wallpaper Loft in St. Thomas, started adding more jobs to her repertoire, and word of mouth has helped grow her clientele from there. One of Rebecca's favourite parts of this venture is getting to reveal the final transformation to clients, and helping them to see a familiar space in a fresh new way. However, there is more involved with installing wallpaper professionally than what meets the eye. On the technical side of things, Rebecca needs to consider wall preparation before an installation and applies a wallsize to protect the walls. She carefully plans the placement of the wallpaper panels, ensures that the paper will lay properly on the walls, while also ensuring that the correct glue and materials are being used for the project. Going forward, she would like to see the business become a steady career while still balancing time with family. She hopes that the venture will continue to build her wallpapering skills by introducing her to new and fabulous wallpapers, include more specialized painting jobs, murals, sponging and faux finishes like "cement" walls and also working more closely with designers. If you or someone you know is looking to add a fresh new look to a space, Rebecca is a great go-to to help you make your vision a reality. Be sure to check out more examples of her work and stay updated on her projects on Instagram (linked below). Congratulations, Rebecca, and thank you so much for your help with our amazing new workspace! House of Earnest 519-521-0522 | houseofearnest@gmail.com Website Instagram The Barking Garage It's a great time to be a Dutton Dunwich dog! The community has just welcomed a new dog grooming business in The Barking Garage, located on Queen Street in Dutton just across from the pool. This is a dream come true for owner Danielle, who moved to Dutton from London with her husband and two young children in 2021. The couple wanted to experience small town living but stay in the London area, and Dutton seemed like a great fit! After settling in, Danielle started connecting with locals in the parks and around town while walking her own dog to get a feel for whether or not there would be interest in local grooming services, and the response was encouraging. Love for animals has been part of Danielle's story since the very beginning. Her childhood included horseback riding and many treasured family pets. As a teenager, she worked part-time at Petsmart, which confirmed that she wanted to work with animals in her career. She climbed the ladder with the company, advancing from a cashier role to eventually participating in their Grooming Academy. She then continued her grooming career, working for other companies in the London area. One of Danielle's biggest goals when preparing to open her own home-based salon was for people to feel welcome when they arrive and trust that their dog is visiting a safe place. As a parent of young kids and a pet owner herself, she understands how daunting it can be to drop off your loved one with someone else, so she wanted her space to feel warm and professional. She's definitely achieved that with the converted garage, which is bright and inviting with a fresh white colour scheme. Her counter and tub are electric, which makes the process easy for dogs of all sizes and mobilities. It's a beautiful and modern space that puts you at ease as soon as you enter! Since opening in late 2022, Danielle has observed that pets are very important to the people of Dutton Dunwich, and that the pandemic led to many people seeking four-legged companions while working from home. There are lots of young families in Dutton, a demographic that also grew since 2020, and that makes up a great deal of her client base. Danielle is quickly establishing a strong presence and loyal following in the community. Her unique approach to social media and photography make her page a must-follow for a daily dose of cuteness! We wish her all the very best as she continues to grow and build a community of Dutton Dunwich dog-lovers. Congratulations! The Barking Garage 195 Queen Street, Dutton 519) 868-4751 Email: thebarkinggaragegrooming@gmail.com Facebook Instagram 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 to contact your regional advisor or Business Advisory Services at: Business Advisory Services - Western Region Main Office westernregionbas@ontario.ca Toll-free: 1-800-267-6592 Ontario Chamber of Commerce Grow Your Business Online Grant Through this program, small business owners can receive a micro-grant worth up to $2,400 to help get their business online, give their e-commerce presence a boost, or digitalize business operations. Grant recipients must commit to maintaining their digital adoption strategy for at least six months. Details 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 that support scale-up, productivity, and the development of and entry into new markets to help companies 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 communities who are working to develop, diversify, and transform their local economies. DETAILS With the right digital tools and technologies, your small business can be found faster online. Apply at https://digitalmainstreet.ca to see if you qualify for a $2,500 Transformation Digital Grant! For more info, contact Jennifer at the Elgin Business Resource Centre today. She’s here to guide you every step of the way. jgrigg@elgincfd.ca Please consider quickly completing the Elgin-Middlesex-Oxford Workforce Development Board's new Employer One Survey by clicking HERE The insights of businesses of all sizes and in all sectors are greatly appreciated and we hope to see a strong showing for Elgin-specific data. The Old Imperial Farmers' Market in Aylmer is open for new vendor applications, but spaces are filing up fast! Applications can be found on their website, or you can email Terry at terry@oifm.ca or Amy at amy@oifm.ca for more info. Attention all makers and crafters! Epiphany in Aylmer, a lovely artisan market, is looking for vendors to add to their local lineup. Check them out and get connected HERE. A great market opportunity in Port Stanley! Reach out to Love Gigi for more details on how to be part of this adorable shop for the upcoming season. Vendors/Exhibitors Wanted for the Pawsitively Elgin Dog Festival! We are looking for exhibitors of all types! You do not need to be in a pet related business to be part of our event. *Saturday July 22, 2023 *Outdoor event at Springwater Conservation Area (between Aylmer and St. Thomas) *Booth/Site $50 (all sites are large enough that you can park your vehicle behind your tables - most sites are tree covered in this beautiful park). *We do require that you have vendor liability insurance, and you can get that for as little as $14.46 for the day (more info on our website) *Non-Profits and Kid-entrepreneurs are free (limited space) *10:00 AM to 4:00 PM ​Visit our website for more information and applications. https://www.pawsitivelyelgin.com/exhibitors/ Provincial Government Updates Ontario Promotes Indigenous Economic Development The Ontario government has launched the annual funding applications for the Indigenous Economic Development Fund (IEDF) and the Indigenous Community Capital Grants Program (ICCGP). This funding provides $3.2 million through the IEDF and $6 million through the ICCGP to promote economic development in Indigenous communities and increase employment opportunities for Indigenous people. Applications are open until early March 2023 and can be submitted through Transfer Payment Ontario. Interested applicants must register with Transfer Payment Ontario to submit, track, and manage requests for funding opportunities. Details Staff attended the Elgin Business Resource Centre's 'The Pitch' event, where some incredible Elgin County small businesses were in the running to win $30,000 for business enhancements. A huge congratulations to Dogs on 3, a luxury dog boarding facility that is coming soon to Southwold, and to all of the amazing participants who represented Elgin County so well. Congratulations also to our friends at the EBRC for an incredible event! Saturdays 10am-2pm - Winter Horton Farmers' Market, St. Thomas Saturdays 8am-3pm - The Old Imperial Farmers' Market February Business after 5 hosted by the St. Thomas & District Chamber of Commerce, February 15- Details 'Lunch with the Mayors' hosted by the St. Thomas and District Chamber of Commerce, 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 Unsubscribe economicdevelopment@elgin.ca Update Profile |Constant Contact Data Notice Sent byeconomicdevelopment@elgin.capowered by Try email marketing for free today! REPORT TREASURY DEPARTMENT TO: FROM: DATE: REPORT: Mayor & Members of Council Lorne James, Treasurer February 16, 2023 TR-03/23 SUBJECT: 2022 PUBLIC SECTOR SALARY DISCLOSURE ACT (PSSDA) BACKGROUND: The Public Sector Salary Disclosure Act (PSSDA) requires all organizations covered by the Act to prepare a list, each year, of the employees who were paid $100,000 or more the year before, with their names, positions, salaries and the value of their taxable benefits. Each organization must make the list available for inspection without charge between March 31 and December 31 of the year it disclosed. Employee Position Salary Paid Taxable Benefits Roloson, Edward Manager of Capital ProjectslWater/ Wastewater $140,182.07 $991.12 Thayer, Thomas CAO|Clerk $122,529.76 $768.30 James, Lorne Treasurer $112,752.15 $768.30 Adams, Steve Manager of Public Works|Drainage Superintendent $121,773.36 $490.62 RECOMMENDATION 1. THAT Report TR-03/23 re 2022 Public Sector Salary Disclosure Act (PSSDA) be received for information. Respectfully submitted by: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO Treasurer CAO|Clerk REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 16, 2023 REPORT: TR-04/23 SUBJECT: 2022 INVESTMENT REPORT BACKGROUND Section 8(1) of Ontario Regulation 438/97 requires the Treasurer to prepare and provide to Council, each year, an Investment Report concerning any prescribed investments the Municipality has under said regulation. DISCUSSION Attached hereto is a summary of the portfolio performance for the year 2022. All investments listed are short-term, meaning the Municipality can withdraw funds at any time. The exception to this are the municipal drain/water debentures held in fixed GIC 1-year term bonds. The municipal drain/water debentures portion of the portfolio is less than 4 percent. The majority of the Municipality’s investments (57%) are with The One Investment Program, a joint program administered by Local Authority Services Limited (LAS) and CHUMS Financing Corporation. These entities are wholly-owned subsidiaries of Association of Municipalities of Ontario (AMO) and the Municipal Finance Officers Association (MFOA) respectively. All of the Municipality’s funds in The One Fund are invested in the Bond Portfolio which is comprised of treasury bills, guaranteed investment certificates, and government bonds. The One Fund Program meets all the investment requirements of Regulation 438/97 and the investment policies established by By-law No. 2002-095. ATTACHMENTS 1. Investment Report for the year 2022 RECOMMENDATION 1. THAT Report TR-04/23 re 2022 Investment Report be received for information. Respectfully submitted, Reviewed by, Lorne James, CPA, CA Thomas Thayer, CMO Treasurer CAO|Clerk Account Description Balance 2022 Advances Balance Interest #Dec-31-21 Interest (Withdrawals)Dec-31-22 Rate General & Reserve Funds 01-0100-1030 General Surplus Funds - 52,373.04 - - - 01-0100-1035 Short term Holdings 1-YR GIC - 39,205.45 2,000,000.00 2,039,205.45 4.50% 01-0100-1035 Short term Holdings 1-YR GIC 6,955.34 500,000.00 506,955.34 4.79% 01-0100-1176 Recievables Debentures - Rich 226,165.56 6,446.17 (24,854.40) 207,757.33 2.85% 01-0100-1177 Drain Debentures - - - - 01-0100-1460 General Funds 822,080.93 13,029.32 - 835,110.25 1.58% 01-0100-1461 Reserve Funds 2,150,127.25 33,531.29 - 2,183,658.54 1.56% 01-0100-1470 Eden Cemetery 16,418.22 255.27 - 16,673.49 1.55% 01-0100-1475 OMPF 609,574.33 9,529.68 - 619,104.01 1.56% 01-0100-1480 Parkland Reserve Funds 23,117.63 363.63 - 23,481.26 1.57% 01-0100-1490 Development Charges 41,530.52 653.60 - 42,184.12 1.57% 3,889,014.44 162,342.79 2,475,145.60 6,474,129.79 Allocation General Fund 95,220.73 Cemetery Boards 255.27 Reserve Fund 66,866.79 162,342.79 Trust Funds 01-5050-1440 Cemetery Maintence &Care 266,861.73 4,200.01 - 271,061.74 1.57% Municipality of Bayham Investment Report - For the Year 2022 Appendix "A" Report TR-04-2023 REPORT TREASURY DEPARTMENT TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 16, 2023 REPORT: TR-05/23 FILE NO. F03.03 SUBJECT: 2022 COUNCIL REMUNERATION AND EXPENSES BACKGROUND Pursuant to Section 284(1) of the Municipal Act, 2001, as amended, a Statement of Remuneration and Expenses for all the Members of Council is to be submitted by the Treasurer each year to Council. Itemized below are the remuneration and expenses for each Member of Council for the year 2022. Taxable Expenses Conference & Mileage Reimbursements Ed Ketchabaw 20,420.92 0.00 0.00 Susan Chilcott 13,115.18 0.00 0.00 Val Donnell 11,601.89 0.00 0.00 Tim Emerson 1,513.29 0.00 0.00 Dan Froese 13,115.18 0.00 0.00 Rainey Weisler 15,314.00 0.00 1,966.96 Total $75,080.46 $0.00 $1,966.96 RECOMMENDATION 1. THAT Report TR-05/23 re 2022 Council Remuneration and Expenses be received for information. Respectfully submitted by: Reviewed by: Lorne James, CPA, CA Thomas Thayer, CMO Treasurer CAO|Clerk REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Deputy Clerk DATE: February 16, 2023 REPORT: CL-01/23 SUBJECT: COMMITTEE POLICY AND TERMS OF REFERENCE BACKGROUND Council received Report CL-10/22, Committees of Council & Committee Appointments on December 15, 2022. The following motion was passed: Moved by: Councillor Froese Seconded by: Councillor Emerson THAT Report CL-10/22 re 2022-2026 Committees of Council and Council Appointments be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham make the following appointments:  The Council of the Corporation of the Municipality of Bayham be appointed as the Committee of Adjustment;  The Council of the Corporation of the Municipality of Bayham be appointed as the Court of Revision;  Rainey Weisler be appointed to the Long Point Region Conservation Authority Board of Directors;  Tim Emerson (alternate) be appointed to Elgin Area Primary Water Supply System Board;  Tim Emerson (primary) & Rainey Weisler (alternate) be appointed to Port Burwell Secondary Water Supply System Board; and,  Ed Ketchabaw, Susan Chilcott & Dan Froese be appointed to the Joint Otter Valley Utility Corridor Board of Management. AND THAT staff report back to Council with terms of reference to establish the following Advisory Committees of Council for the 2022-2026 term:  Waterfront Advisory Committee  Museums Bayham Committee  Joint Cemetery Board This report is being presented to Council to present the noted committee establishing documents and to outline next steps. DISCUSSION Terms of Reference Attached to this Report are Terms of Reference (TOR) for a Waterfront Advisory Committee, Museum Advisory Committee and Joint Cemetery Board for Council’s consideration. The language in the TORs strives to be straight-forward and consistent to each other wherever possible. The TORs form part of individual by-laws to establish each Committee. These by-laws, in conjunction with an Advisory Board and Committee Policy and Council and Committee Procedural By-law, are what governs the function and procedure of each Committee. Committees should strive to have an odd number of members including one (1) Member of Council to be the Chair. The number of proposed members is less than previously in place as well as the qualifications for members is less stringent. Committee appointments are determined by Council through an application process. This is further discussed below. A name change is proposed for the previous Museum “Board” to be Advisory Committee as it is a Committee of Council established by Council’s desires and not from separate legislation as the term Board generally refers to. Property Standards A Property Standards Committee is required to be established through the Municipality’s Property Standards By-law. The current Property Standards By-law is By-law No. 2018-036 and does have language to establish the Committee in Section 7. This document is sufficient to speak to the establishment of the Committee for now, but it may be desirable to amend in the future to include further details. Previously, a second document was included in By-law No. 2019-003, being a by-law to establish an Advisory Board and Committee Policy, to outline further details of the Property Standards Committee such as the remuneration of members. Staff are not taking this approach for a second document to outline further details of the Property Standards Committee as it should only be housed in the Property Standards By-law. With this approach, a resolution is required from Council to set the remuneration of members. To account for inflation, it is recommended that members receive $100 per meeting (previously $75). It is important to note that the Property Standards Committee ONLY deals with appeals filed from Property Standards infractions. This does not include Orders being issued – only if there is an appeal filed and member’s remuneration is covered by the appeal fee. Committee Policy As mentioned above, By-law No. 2019-003 is a by-law to establish an Advisory Board and Committee Policy. This Policy requires rescission with a new Policy attached for review for enactment. The new Policy will speak to only “policy” items, with the separate TORs speaking to establishment matters. Procedural matters will be included in the Council and Committee Procedural By-law. Language remains included in the new Advisory Board and Committee Policy for provisions for a volunteer appreciation event. An additional line has been added to the new policy to allow for Council to determine the scope and cost of the event should Council wish to do a more robust event. This would be established through the budget process. Staff recommend Council approving the new Advisory Board and Committee Policy along with the individual establishing by-laws to streamline the new objectives of Committees of Council. The updates required to the Procedural By-law will be presented to Council at the March 16, 2023 Regular Meeting of Council. Committee Appointments Members on Committees of Council are determined by Council through an application process. The new Advisory Board and Committee Policy speaks to this while noting that specific qualifications are outlined in the respective TOR. The term of Committee appointments runs with the same term of Council. In the case of the three (3) Committees requested by Council, the appointment term would end on November 15, 2026. Applications are submitted to staff through the online form on the Municipal Website under “Forms”. Staff compile applications with a Report to Council to be considered in Closed Session as it pertains to Identifiable Individuals. Official appointments are done by by-law from Council’s direction. Members of Council will also need to be appointed to each Committee. This is determined by Council and established by by-law. It is important to note that since the term of the Committees are consistent with the term of Council that the appointments do not carry over from term to term and all members are required to re-apply if they wish to be considered to serve for another term. With respect to the Joint Cemetery Board, representation is decided by the individual Cemetery Boards, so a new representative would have to be identified in writing at the commencement of a new term. Next Steps If Council approves the TORs and Policy at this meeting then the next steps are as follows: 1. Advertise and open Committee applications by February 24, 2023 2. Procedural By-law updates to Council on March 16, 2023 3. Committee applications close March 24, 2023 4. Bring applications to Council for consideration on April 6, 2023 5. Council to determine Councillor appointments on April 6, 2023 6. By-law to formally appoint committee members on April 20, 2023 (including the previously approved external committee appointments for Councillors) 7. Committee meetings to be scheduled for end of April / beginning of May ATTACHMENTS 1. Proposed Committee Terms of Reference – Joint Cemetery Board 2. Proposed Committee Terms of Reference – Museum Advisory Committee 3. Proposed Committee Terms of Reference – Waterfront Advisory Committee 4. Draft Advisory Board and Committee Policy RECOMMENDATION 1. THAT Report CL-01/23 re Committee Policy and Terms of Reference be received for information; 2. AND THAT the establishing by-laws for the:  Joint Cemetery Board  Museum Advisory Committee  Waterfront Advisory Committee and Advisory Board and Committee Policy be brought forward for Council’s consideration; 3. AND THAT the remuneration for the Property Standards Committee Members is $100/Meeting; 4. AND THAT staff be directed to advertise a call for applications to Committees of Council. Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO Deputy Clerk CAO|Clerk JOINT CEMETERY BOARD Terms of Reference 1. PURPOSE The Municipality of Bayham has several cemeteries within its boundaries that are operated by either an Individual Cemetery Board or by Municipal staff. The Joint Cemetery Board provides a vessel of communication from the Individual Cemetery Boards to Council. 2. DUTIES The Joint Cemetery Board co-ordinates and supports the efforts in pursuing consistency among the Bayham Cemetery Boards and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended. The Joint Cemetery Board makes recommendations to Council relating to cemetery operations and maintenance for all of Bayham’s cemeteries listed herein. Below outlines the cemeteries that are operated by a board and without a board: Individual Board:  Straffordville Cemetery  Calton Cemetery  Bayham West Cemetery  Guysboro Cemetery No Board:  Dobbie Cemetery  Best Cemetery  Smuck Cemetery  Eden Cemetery  Light Cemetery Edison Cemetery  Claus Cemetery Stanton Cemetery  Firby Cemetery Old Eden Cemetery  Old Richmond (Godwin) Cemetery  Otter Valley Cemetery  Estherville Cemetery  Amerman Cemetery  Abandoned Cemetery  Hemlock Creek Cemetery  Hutchison Cemetery 3. MEMBERS The Joint Cemetery Board is comprised of one (1) voting member from each cemetery currently operating with a Board, and (1) member of Council. The appointed member of Council shall be appointed as Chair. The Mayor may attend meetings in an ex-officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Members of the Joint Cemetery Board are determined by the individual Cemetery Boards. Each individual Board is to select one (1) representative to be a member of the Joint Cemetery Board. Such selections are to be confirmed in writing to the municipality. Members of the Joint Cemetery Board are considered representatives of all listed cemeteries, regardless of the individual Cemetery Board that one represents. Appointments to the individual Cemetery Boards will be carried out as outlined in the Advisory Board and Committee Policy. Ideal applicants for individual Cemetery Boards should: - Be a resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Have an interest in local history, heritage and genealogy - Willing to assist with cemetery records, sales, internments, and licensed operators Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Joint Cemetery Board will meet a minimum of two (2) times a year – once in April and once in November. Additional meetings, if required, may be scheduled in agreement between the Chair and the Clerk. 6. ADMINISTRATIVE SUPPORT The Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The Treasurer is in charge of the business and affairs of the Cemeteries and will also be in attendance at each meeting. The Treasurer, for purposes of the Joint Cemetery Board, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Advisory Board and Committee Policy, the Council and Committee Procedural By- law, and the Cemetery By-law. Members of the Joint Cemetery Board are volunteers and do not receive remuneration for their duties. MUSEUM ADVISORY COMMITTEE Terms of Reference 1. PURPOSE The Museum Advisory Committee makes recommendations to Council in regards to the operation of the Port Burwell Marine Museum and Lighthouse. 2. DUTIES The Museum Advisory Committee reviews the Marine Museum and Lighthouse policies and procedures for service, operation, and programming. The Committee makes recommendations to Council on the long-term planning goals of the Museum including review of artifacts, budget requirements, and special events. 3. MEMBERS The Museum Advisory Committee is comprised of five (5) voting members consisting of four (4) members of the public and one (1) member of Council. The appointed member of Council shall be the Chair. The Mayor may attend meetings in an ex- officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Appointments will be carried out as outlined in the Advisory Board and Committee Policy. The ideal member for the Museum Advisory Committee should be: - A resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Has previous experience being an Advisory Board or Committee member - Has knowledge of museum operations - Knowledgeable of Bayham’s history and nautical history Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Museum Advisory Committee will meet a minimum of four (4) times a year with Regular Meetings set quarterly by the Committee at the first meeting of the year. Additional meetings may be scheduled by the call of the Chair if required. 6. ADMINISTRATIVE SUPPORT The Planning Coordinator|Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The Planning Coordinator|Deputy Clerk, for purposes of the Museum Advisory Committee, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time, including a representative from the Elgin County Archives. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Advisory Board and Committee Policy and the Council Procedural By-law. Members of the Museum Advisory Committee are volunteers and do not receive remuneration for their duties. WATERFRONT ADVISORY COMMITTEE Terms of Reference 1. PURPOSE Bayham’s Waterfront Advisory Committee is responsible for ensuring that criteria through the Blue Flag program is met annually to uphold the Blue Flag status for the Port Burwell East Beach. Members of the Waterfront Advisory Committee will be considered the “Beach Management Committee” as required through the Blue Flag program. 2. DUTIES It is the duty of the Waterfront Advisory Committee to encourage healthy and sustainable use of the Port Burwell waterfront by residents and visitors. The Waterfront Advisory Committee receives information and makes recommendations to Council that are consistent with approved Blue Flag Beach criteria. The Waterfront Advisory Committee will also receive information on and is responsible for providing general recommendations to Council regarding East Beach parking area amenities and matters regarding the East Pier. 3. MEMBERS The Waterfront Advisory Committee is comprised of five (5) voting members consisting of four (4) members of the public and one (1) member of Council. The appointed member of Council shall be the Chair. The Mayor may attend meetings in an ex-officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Appointments will be carried out as outlined in the Advisory Board and Committee Policy. The ideal member for the Waterfront Advisory Committee should be: - A resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Has previous experience being an Advisory Board or Committee member - Has knowledge of the Blue Flag requirements - Has knowledge of the Port Burwell East Beach amenities and operations - Knowledgeable of local natural environment, invasive species, and impacts to waterfront dynamics - Experience with environmental education programming Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Waterfront Advisory Committee will meet a minimum of four (4) times a year with Regular Meetings set quarterly by the Committee at the first meeting of the year. Additional meetings may be scheduled by the call of the Chair if required. 6. ADMINISTRATIVE SUPPORT The Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The CAO, for purposes of the Waterfront Advisory Committee, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time, including representation from the Long Point Region Conservation Authority (LPRCA) and/or Otter Valley Naturalists. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Committee Policy and the Council Procedural By-law. Members of the Waterfront Advisory Committee are volunteers and do not receive remuneration for their duties. Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the respective Board or Committees’ establishing by-laws and the Rules of Procedure By-law, will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs the selection, responsibilities and safety of Advisory Board and Committee Members. Section 3 – Appointments Advisory Board and Committee Members are appointed by Council through a formal application process unless a Provincial Statute prescribes otherwise. Vacancies will be advertised on the Municipal Website noting for interested individuals to apply by a specified deadline date. The application form will also be available on the Municipal Website. The duration of Advisory Board or Committee appointments are the same term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. Specific Advisory Board or Committee qualifications are set out in the respective establishing by-laws. Council may, by resolution, rescind any appointments at any time if required. Section 4 - Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill their role through the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the purpose of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be willing to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham; j) Be required to sign a confidentiality statement. Section 5 - Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council, recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Council shall determine the scope and cost of the event through the budget process. Section 6 - Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Section 7 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign a Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement. Section 8 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term “pecuniary interest” is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is “to relate to money”. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 9 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality’s Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member’s dismissal. Section 10 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person. Section 11 – Administration Unless the context otherwise requires, the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. Any inquiries on this policy should be directed to the CAO|Clerk or designate. REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: February 16, 2023 REPORT: CAO-12/23 SUBJECT: STRATEGIC PLAN UPDATE – REVIEW OF PROPOSED INITIATIVES BACKGROUND At its February 21, 2019 meeting, Council received Report CAO-14/19 re Community Strategic Plan and passed the following motion: Moved by: Councillor Chilcott Seconded by: Councillor Donnell THAT Report CAO-14/19 re Community Strategic Plan be received for information; AND THAT staff be directed to bring forward a by-law for Council consideration to adopt the Municipal of Bayham Community Strategic Plan. The 2019 Community Strategic Plan is available on the Municipal website under Governance > Studies. At Special Budget Meeting of Council on October 4, 2022, Council received Report TR-16/22 re 2023-2032 Capital Budget. The Report presented to Council a truncated version of the 2023- 2032 Capital Budget, which was presented in full in December 2022. The reason for the two-step approval was due to the unknown status of the outstanding Disaster Mitigation and Adaptation Fund grant application, which was unsuccessful. One of the Capital Items presented in Report TR-16/22 was a Strategic Plan Update, scheduled in 2023 as Item GG-02, at a value of $30,000. Council passed the following motion, in part: Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT Staff Report TR-16/22 re 2023-2032 Capital Budget be received for information; AND THAT Council approve the fourteen (14) Capital items identified in Report TR-16/22 for 2023 procurement; In accordance, staff engaged Jennifer Kirkham to assist Bayham staff and Council with its Strategic Plan review. As a representative of the University of Western Ontario’s Local Government Program, Kirkham has experience reviewing and assisting municipalities with strategic plan updates. She has worked with Elgin County in the recent past and has knowledge of other lower-tier municipal strategic plans in Elgin County. DISCUSSION Staff have met with the consultant multiple times in Q1 2023 to establish a process for review and update of Bayham’s Community Strategic Plan. Based on internal discussions, it was deemed that the most effective way to move forward was for staff to take a lead in the review and update process with the consultant, and then present draft Goals, Objectives, and Proposed Initiatives to Council. Senior staff and the consultant met on February 7, 2023 to brainstorm Proposed Initiatives that would befit the Goals and Objectives identified and proposed to be carried over into the new iteration of the Strategic Plan. It was thought that the current Strategic Plan, which only contains Directions, Goals, and Objectives, was too vague and needed an additional level of granularity to make clear what the Municipality’s direction would be for the current Council term. The Draft Directions, Goals, Objectives, and Proposed Initiatives are attached hereto for Council’s consideration. The document contemplates three (3) Directions and Goals, with three (3) Objectives for each Goal. Proposed Initiatives are listed under the associated Objectives and identify key focuses and directions for strategy and policy for the next four years. Staff are seeking Council’s input regarding the draft Directions, Goals, Objectives, and Proposed Initiatives for either further consideration by staff and consultant and/or public, or for finalization in a document which, like the previous Strategic Plan, can be adopted and posted to the Municipal website for public consumption. ATTACHMENTS 1. Draft Directions, Goals, Objectives, and Proposed Initiatives – 2023-2026 Strategic Plan RECOMMENDATION 1. THAT Report CAO-12/23 re Strategic Plan Update – Review of Proposed Initiatives be received for information; 2. AND THAT Council provide direction regarding proposed initiatives for the 2023-2026 Strategic Plan. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk DRAFT Bayham Strategic Plan Strategic Directions Quality of Place Quality of Life Quality of Governance Goals Ensuring our public infrastructure strategies and investments enhance the capacity of the community to retain current and to attract new businesses and economic opportunities. Ensuring quality community services and supports are available that meet the diverse and evolving needs and choices of our residents. Ensuring the presence of a service oriented governance approach that innovates, communicates effectively and continually builds community affinity, cohesion and confidence. Objectives 1. To invest in community infrastructure initiatives that create an effective foundation that contribute to Bayham’s quality of life and economic prospects. 2. To develop policies, plans and strategies that continually enhance the visitor experience to Bayham, and increase the economic benefit of tourism to the community. 3. To continually work to create innovative opportunities and strategies that attract new businesses and retain current businesses. 1. To work collaboratively with community organizations and others in ensuring the availability of a diverse range of passive recreational, heritage, cultural and other community services that contribute to enriching Bayham’s valued quality of life. 2. To ensure, through planning and related strategies, a diversity of housing opportunities that meet the needs of new and current residents. 3. To engage the community in raising its value for and consciousness of the environment through innovative natural area, energy and other environmental conservation initiatives. 1. To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. 2. To continually demonstrate financial responsibility to the community. 3. To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Proposed Initiatives 1.  Focus on core infrastructure based on the Asset Management Plan and compliance with legislation  Focus on strategically encouraging urban development and growth 2.  Rehabilitate the Port Burwell Lighthouse  Enhance the Port Burwell East beach 3.  Continue to work with Elgin County and other organizations to increase business attraction and retention (for example: Elgincentives program, review of the Community Improvement Program (CIP), marketing, etc.) 1.  Develop partnerships and education to improve water sources and protection for Fire Services  Ensure that the municipality is compliant with the Accessibility for Ontarians with Disabilities Act (AODA)  Enhance the Port Burwell East beach  Strategic improvements to recreational amenities to promote healthy living  Review and enhance the Emergency Response Program 2.  Encourage the development of affordable housing, where applicable  Review of the Official Plan  Encourage a mix of housing types in any proposed development 3.  Review the Municipal Energy Plan  Continue to work closely with the Long Point Region 1.  Ensure the maintenance of knowledge capital and establish department succession planning  Continue to develop knowledge regarding innovative service delivery strategies  Continue to address and evaluate technology and communication opportunities 2.  Actively seek and apply for grants to support operational and capital projects  Pay off the remaining debt related to the HMCS Ojibwa  Investigate options for moving services to full cost recovery  Conduct a holistic review of own source revenues  Review of the Procurement Policy 3.  Initiate and review shared service arrangements  Investigate public-private partnerships, where applicable  Encourage ongoing networking with provincial and federal Strategic Directions Quality of Place Quality of Life Quality of Governance Conservation Authority on local environmental ventures  Leverage opportunities to enhance green technology partners and other industry representatives REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, CMO, CAO|Clerk DATE: February 16, 2023 REPORT: CAO-13/23 SUBJECT: RECRUITMENT COMMITTEE – DIRECTOR OF DEVELOPMENT SERVICES – SHARED WITH TOWNSHIP OF MALAHIDE BACKGROUND At its January 19, 2023 meeting, Council was presented with 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, and passed the following motion: Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2023-003, 2023-004 and 2023-007 be read a first, second and third time and finally passed. By-law No. 2023-003 allows Bayham and Malahide to jointly proceed with Shared Servicing regarding Building, Planning, and By-law Services. It is expected that this shared model will be implemented in stages over the next 3 or 4 months. The first step is for Malahide to recruit a Director of Development Services. This Director position would be available to Bayham staff as a “contracted service” for Planning matters, which will decrease Bayham’s reliance on third-party planning consultants by establishing a planning resources in a vicinity. DISCUSSION Malahide posted for the Director of Development Services in January 2023. The posting is advertised on multiple job boards, including OPPI, Municipal World, and AMCTO. The posting closed on February 10, 2023. Malahide Council received a CAO Report at their February 2, 2023 meeting on this matter. The Report sought to establish the framework for a recruitment/interview committee for the Director of Development Services role. Accordingly, Malahide Council passed the following motion: Moved By: Mark Widner Seconded By: Sarah Leitch THAT Report No. CAO-23-01 entitled “Shared Director of Development Services Recruitment” be received; AND THAT Council directs the Chief Administrative Officer to formally invite the Bayham Mayor, Deputy Mayor (or designate(s)) and the CAO of the Municipality of Bayham to sit with the Township’s Mayor, Deputy Mayor (or designate(s)), CAO, and the HR Manager to form the Recruitment Committee for the hiring of a new Director of Development Services. As this position is unique, in that it is a “shared” role between the two municipalities overseeing both Planning and Building functions, it is expected that Bayham staff will utilize the Director position for matters within its jurisdiction and, as such, should have ample input into the hiring process even though the Director will formally report within the Malahide organizational structure. Staff are recommending that, in accordance with Malahide’s invitation, the CAO|Clerk, Mayor, and Deputy Mayor be appointed as Bayham’s representatives on the recruitment committee for this position. RECOMMENDATION 1. THAT Report CAO-13/23 re Recruitment Committee – Director of Development Services – Shared with Township of Malahide be received for information; 2. AND THAT the Council of The Corporation of the Municipality of Bayham accepts the offer from the Township of Malahide and appoints the CAO|Clerk, Mayor, and Deputy Mayor to the Recruitment Committee for the Director of Development Services position. Respectfully Submitted by: Thomas Thayer, CMO CAO|Clerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-009 A BY-LAW TO AMEND BY-LAW 2022-011 BEING BY-LAW TO APPOINT MUNICIPAL OFFICERS AND EMPLOYEES FOR THE MUNICIPALITY OF BAYHAM WHEREAS pursuant to the Municipal Act, 2001, S.O. 2001 c.25, as amended, municipalities may appoint officers and employees as may be necessary for the purposes of the Corporation; AND WHEREAS Council for the Municipality of Bayham resolved on January 19, 2023 to appoint Kevin Kitching as the Bayham Fire and Emergency Acting District Chief Straffordville, and Perry Grant as Advisory Chief; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-law No. 2022-011 be amended to remove Perry Grant as Bayham Fire and Emergency District Chief Straffordville and insert the following: Interim Bayham Fire and Emergency District Chief Straffordville Kevin Kitching 2. AND THAT By-law No. 2022-011 be further amended to add the following: Advisory Chief Perry Grant 3. AND THAT this by-law shall come into force and take effect on February 1, 2023. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-010 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER OF LANDS AND TO DECLARE LANDS IN THE MUNICIPALITY OF BAYHAM AS PART OF THE OPEN PUBLIC HIGHWAY SYSTEM (CLARKE ROAD) WHEREAS Section 8 of the Municipal Act, 2001, S.O.2001,c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of acquiring property known as Part Lot 18, Concession 2, Municipality of Bayham, being Parts 1 of Reference Plan No. 11R-10922 from Gregory Underhill Farms Limited as an administrative process pertaining to a title defect correction. 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 necessary documents for the Transfer of Land to transfer Part Lot 18, Concession 2, Municipality of Bayham, being Part 1 of Reference Plan No. 11R-10922 from Gregory Underhill Farms Limited to the Corporation of the Municipality of Bayham; 2. AND THAT the land described as Part Lot 18, Concession 2, Municipality of Bayham, being Part 1 of Reference Plan No. 11R-10922, be and same is hereby declared as part of the public and travelled road system of the Municipality of Bayham known as Clarke Road; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ______________________________ _____________________________ MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-011 BEING A BY-LAW TO PROVIDE FOR THE REGULATION, RESTRICTION AND PROHIBITION OF THE KEEPING AND THE RUNNING AT LARGE OF DOGS IN THE MUNICIPALITY OF BAYHAM WHEREAS the Municipal Act, S.O. 2001, C.25 Sections 11, 103, 105 and 391(1), as amended, provides that a municipality may pass by-laws prohibiting, regulating and restricting the keeping of animals or any class thereof, the destruction thereof and allow for a licensing and animal identification system; AND WHEREAS the Provincial Animal Welfare Services Act, R.S.O. 2019 C. P13, Section 13 provides that every person who owns or has a custody or care of an animal shall comply with the standards of care and the administrative requirements with respect to every animal that the person owns or has custody or care of; AND WHEREAS the Animals for Research Act, R.S.O. 1990, C. A22, Section 20 provides for the impounding and sale or destruction of a dog or cat; AND WHEREAS the Dog Owners Liability Act, R.S.O. 1990, C.D16, as amended, provides for the protection of persons and property; AND WHEREAS the Ontario Police Services Act, R.S.O. 1990, C. P15, as amended, provides that Council may appoint Municipal By-Law Enforcement Officers to enforce all municipal by-laws; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable to enact such a by-law; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: SHORT TITLE: This By-law may be cited as the ‘Dog Control By-law’ SECTION 1 - DEFINITIONS For the purpose of this By-law: 1.1 Animal Rescue Facility shall mean a premises approved by site specific zoning to operate a dog rescue and adoption program at a specific property within the Municipality. 1.2 Assisting Agency shall mean a person, business, sanctuary, organization or agency acting under the direction of an Officer directly contributing tactical expertise or service resources to an Officer. 1.3 Council shall mean the Council of the Corporation of the Municipality of Bayham. 1.4 Dangerous Dog shall mean any dog: i. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a human being or has demonstrated the propensity, tendency or disposition to do so; or ii. that, in the absence of any mitigating factor, has attacked, bitten or caused injury to a domestic animal requiring the services and treatment of a veterinarian or has demonstrated the propensity, tendency or disposition to do so. 1.4 Dog shall mean a male or female dog of any age. 1.5 Dog Identification shall mean a method of identifying the dog by either a tag which will have the owner’s phone number and in contrast that it is easily visible or the dog be microchipped with the owner’s information. 1.6 Dwelling Unit shall mean one or more habitable rooms occupied or capable of being occupied as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such occupants, with a private entrance from outside the building or from a common hallway or stairway inside the building. 1.7 Enclosure shall mean an enclosed area of sufficient dimension and construction to provide humane shelter for an animal while preventing it from escaping and preventing the entry therein of supervised children. 1.8 Hamlet shall mean those urban areas designated as hamlets within the Official Plan of the Municipality of Bayham, passed on July 5, 2001, as amended from time to time. 1.9 Kennel shall mean a lot, building, structure or establishment in which four (4) or more dogs, are housed, boarded or bred, and which may offer provisions for minor medical treatment; and which premises shall require a license from the Municipality by an approved application including a site specific zoning designation to allow for the use of a kennel. 1.10 Mitigating Factor shall mean a circumstance which excuses aggressive behaviour of a dog and without limiting the generality of the foregoing, may include circumstances where: i. the dog was, at the time of the aggressive behaviour, acting in defense to an attack from a person or domestic animal; ii. the dog was, at the time of the aggressive behaviour, acting in defense of its young or to a person or domestic animal trespassing on the property of its owner, or iii. the dog bite, attack or threat of attack was sustained by a person who, at the time was committing a willful trespass or other tort upon the premises occupied by the owner of keeper of the dog; iv. the dog was, at the time of the aggressive behaviour, being tormented. 1.11 Municipality shall mean the Corporation of the Municipality of Bayham. 1.12 Muzzle shall mean a humane fastening or covering device of adequate strength placed over a dog’s mouth to prevent it from biting. 1.13 Officer shall mean a Municipal Law Enforcement Officer of the Municipality of Bayham, a Police Officer or a person who is appointed by Council or designate, whose duties include the enforcement of this By-law and shall include the Municipal Animal Control Officer. 1.14 Owner shall include a person who keeps, possesses or harbours a dog and where the owner is a minor, the person responsible for the custody of the minor. 1.15 Pound shall mean such premises and facilities designated by the Corporation of the Municipality of Bayham as the Municipal Dog Pound. 1.16 Pound Keeper shall mean a person or association appointed by the Corporation of the Municipality of Bayham to operate, maintain, and administer the Municipal Dog Pound. 1.17 Person shall include any physical or corporate entity, partnership or any association and the heirs, executors, administrators, successors and assigns or other legal representative thereof to whom the context may apply. 1.18 Premises shall include the entire lot on which a dwelling may or may not be situated; or a dwelling unit within a multi-dwelling unit building, but does not include the common areas adjacent to a multi-dwelling unit unless those common areas are completely enclosed. 1.19 Restrained shall mean being kept inside a building or house or in an enclosure of sufficient dimension and strength to be humane and secure so as to prevent an animal from coming in contact with or making a real and substantial threat of attack on a person other than the owner of the animal, or invitee of the owner, and includes keeping such animal securely on a leash of not more than two (2) meters in length when outside of such building, house or enclosure. 1.20 Running at large shall mean to be found in any place other than the premises of the owner and not under the physical control of any person by means of a leash. 1.21 Service Dog shall mean a dog used for a person with a disability: i. If it is a guide animal as defined in Section 1 of the Blind Persons Rights’ Act; ii. If it is readily apparent that the animal is used by the person for reason relating to his disability; or iii. If the person provides a letter from a physician or nurse confirming that the person requires the dog for reason relating to the disability. (Accessibility for Ontarian with Disabilities Act, 2005 – O. Reg. 429/7 ss4(8) & (9) 1.22 Village shall mean those urban areas designated as villages within the Official Plan of the Municipality of Bayham. SECTION 2 – GENERAL PROVISIONS 2.1 No person shall keep more than two (2) dogs in any one dwelling unit or on any premises within a hamlet or village. 2.2 No person shall keep more than three (3) dogs in any one dwelling unit or on any premises in all other areas of the Municipality, unless otherwise designated as a Kennel. 2.3 Every person having control of a dog shall forthwith remove and sanitarily dispose of excrement left by a dog anywhere in the Municipality including on any highway, public park, or public area. 2.4 No person who owns, possesses or is in care and control of a dog shall permit a dog, of which that person is the owner, to enter upon the private property of another person or to remain on the private property of another person without the property owner's consent. 2.5 No person who owns, possesses or is in care and control of a dog shall allow or permit a dog, of which that person is the owner, to run at large or fail to prohibit the dog from running at large, on any private property without the consent of the person apparently in possession or having ownership of the property or in a public place. 2.6 No person who owns, possesses or is in care and control of a dog shall permit said dog to enter upon the Municipal East Beach in Port Burwell between 8:00 am – 8:00 p.m. commencing of June 1st through and including October 31st of the year. 2.7 Any person who owns, harbours or possesses a dog shall not permit the dog to i. threaten, bite or attack any person; ii. threaten, bite or attack any animal; or iii. damage public or private property. 2.8 Every owner or person having the care and custody of a dog three (3) months of age or over shall ensure that the dog is immunized against rabies, and shall ensure that the dog is re-immunized against rabies by the date specified in the certificate of immunization issued. i. At the request of an Officer, the owner of person having the care and custody of a dog shall provide a valid certificate verifying that said dog has been vaccinated against rabies. SECTION 3 - DANGEROUS DOGS 3.1 The decision to designate a dog a dangerous dog shall be at the sole absolute and unfettered discretion of an Officer following an investigation of an incident. 3.2 An Officer shall provide written notice to the owner of the dangerous dog outlining the required actions to be completed within a specified time period. i. Any such notice served by an Officer shall be provided by hand delivery or prepaid registered mail, and in the event of service by prepaid registered mail, shall be deemed received on the fifth (5th) working day after the date of mailing. ii. No person shall fail to comply with Section 3.2 of this by-law within the specified notice period. iii. After a dog is designated as a dangerous dog by an Officer, no owner shall fail to comply with the provisions of the dangerous dog designation as outlined within Section 3.3 of this By-law. 3.3 When a dangerous dog is off its owner's property the owner shall: i. ensure the dog is securely muzzled in a humane manner at all times; ii. ensure the dog is on a leash not longer than one (1) meter; and iii. ensure the dog is under the control of a person over the age of eighteen. 3.4 When a dangerous dog is on its owner's property the owner shall ensure the dog is securely confined within an enclosure that meets the following standards: i. shall be suitable to prevent the escape of the dangerous dog and capable of preventing the entry of any person not in control of the dog. ii. must have minimum dimensions of two (2) meters and must have secure sides and secure top. iii. If the enclosure has no bottom secured to the sides, the sides must be embedded into the ground no less than thirty (30) centimeters deep. iv. The enclosure shall also provide protection from the elements for the dog. v. The enclosure shall not be within three (3) meters of the property line or within three (3) meters of a neighbouring dwelling unit. 3.5 An owner of a dangerous dog shall obtain and maintain in force a policy of public liability insurance issued by an insurer licensed by the Province of Ontario providing third party liability coverage in an amount of not less than One Million ($2,000,000) Dollars for any damage or injury caused by such dangerous dog and provide the Municipality a certificate of such policy and each subsequent renewal thereof, such policy shall contain a provision requiring the insurer to immediately notify the Municipality should the policy expire, be cancelled or be terminated for any reason. 3.6 An owner of a dog which has been designated a dangerous dog pursuant to this by-law shall advise the Municipality immediately if he transfers ownership of such dog to another person, changes the address at which such dog is kept or has the dog euthanized, and shall furnish the Municipality with the particulars of the same and any other information which may be reasonably requested by the an Officer. 3.7 An Officer may, at any reasonable time, enter upon any property for the purpose of carrying out an inspection to determine whether or not the provisions of this By- law are being complied with. 3.8 An Officer shall have the power to seize and impound a dog found within the Municipality contrary to the provisions of this By-law. 3.9 An Officer exercising the power to inspect, seize or impound pursuant to Section 3.7 and Section 3.8 of this by-law may be accompanied by an assisting agency acting under his direction. 3.10 All Dangerous Dogs designations shall be subject to the necessary provisions of the Statutory Powers Act. SECTION 4 – DOG TAGS 4.1 Every person who owns, possesses or is in care and control of a dog shall ensure that that the dog has Dog Identification when it is off the owner’s property. SECTION 5 - KENNELS 5.1 A Kennel shall only be located outside a hamlet or village area. 5.2 Any person or persons who wish to keep more than three dogs in an area which permits kennels shall apply for a Kennel license. 5.2 No person shall erect, maintain, or operate a Kennel within the Municipality unless that use is permitted in the Municipal Zoning By-law or through a site specific amendment unless existing prior to the effective date of Zoning By-law No. Z456- 2003. 5.3 All applications for Kennel licenses shall be accompanied by the following information: 1. Name and address of kennel owner; 2. Type of breed of dogs housed, boarded, bred or raised; 3. Location of kennel; 4. Proof of approved site specific zoning; 5. Proof of approved Site Plan; 6. Applicable fee. 5.4 Every person who holds a Kennel license shall comply with the following requirements: i. The license shall be exposed at all times in a conspicuous place in the interior of the premises; ii. The premises shall be maintained in a sanitary, well ventilated, clean condition and free from offensive odours; iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally lighted, clean quarters and a healthful temperature shall be maintained at all times; iv. The dogs shall be adequately fed and watered and kept in a clean, healthy condition, free from vermin and disease; v. The Kennel building shall be in a separate building and shall not be attached to any building used or capable of being used for human habitation; vi. The Kennel building and its location shall conform to the applicable zoning by- law and the Ontario Building code and the building shall be maintained in damage-free condition; vii. The Kennel floor shall be thoroughly cleaned daily, or more often if necessary; viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their full extent, to stand, sit, turn around or lie down in a fully extended position. ix. Cages are to be constructed of metal, wire, or partly of wire and shall have metal or other impermeable bottoms, which shall be cleaned and washed daily, or more often if necessary; x. Whelping facilities shall be separate from the individual and/or group kennel enclosures housing other kennel dogs; 5.5 The Officer may inspect any place where the animals are kept, pursuant to this by- law. 5.6 If the Kennel is found not to conform to the requirements set out herein, the Officer may direct that the dogs be seized and impounded and may revoke the license issued to the Kennel. 5.7 Every owner or operator of a Kennel shall allow access to the facility for the purpose of inspection at all reasonable hours by an Officer. 5.8 Every owner or operator of a Kennel shall allow access to the facility for an annual inspection as part of the renewal process. 5.9 If determined by the Officer that the Kennel does not comply with this by-law or any other regulation for operation of a Kennel, the Kennel license may be revoked. 5.10 The owner of the Kennel shall have a right to appeal to Council the Kennel license revocation. SECTION 6 - ANIMAL RESCUE FACILITY 6.1 The owner of the kennel shall have a right to appeal to council the kennel license revocation. 6.2 An Animal Rescue Facility shall only be located outside a hamlet or village area. 6.3 Any person or persons wishing to operate an Animal Rescue Facility shall apply for a license. 6.4 No person shall erect, maintain or operate a dog kennel within the Municipality unless that use is permitted in the Municipal Zoning By-law or through a site specific amendment unless existing prior to the effective date of Zoning By-law No. Z456- 2003. 6.5 All applications for an Animal Rescue Facility License shall be accompanied by the following information: 1. Name and address of facility owner; 2. Location of facility; 3. Proof of approved site specific zoning; 4. Proof of approved Site Plan; 5. Proof of demonstration of operating in good faith through a reference letter by their primary veterinarian; 6. Applicable fee. 6.6 Every person who holds an Animal Rescue Facility license shall comply with the following requirements: i. The license shall be exposed at all times in a conspicuous place in the interior of the premises; ii. The premises shall be maintained in a sanitary, well ventilated, clean condition and free from offensive odours; iii. The dogs shall be kept in sanitary, well bedded, well ventilated, naturally lighted, clean quarters and a healthful temperature shall be maintained at all times; iv. The dogs shall be adequately fed and watered and kept in a clean, healthy condition, free from vermin and disease; v. The rescue facility shall be in a separate building and shall not be attached to any building used or capable of being used for human habitation; vi. The rescue facility and its location shall conform to the applicable zoning by-law and the Ontario Building code and the building shall be maintained in damage- free condition; vii. The rescue facility floor shall be thoroughly cleaned daily, or more often if necessary; viii. Any cage shall be adequately sized to allow the dogs to extend its legs to their full extent, to stand, sit, turn around or lie down in a fully extended position; ix. Cages are to be constructed of metal, wire, or partly of wire and shall have metal or other impermeable bottoms, which shall be cleaned and washed daily, or more often if necessary. 6.7 The Municipality may renew the authority issued under Section 6.5 for a person to continue to operate an Animal Rescue Facility where the person has provided an annual report to the Municipality with information regarding the adoption of dogs, including the number of dogs adopted, who adopted the dog, address of the new owner and date the dog was adopted, and demonstrated he will continue to the meet the requirements under Section 6 of this by-law. SECTION 7 - IMPOUNDING 7.1 An Officer may seize and impound any dog found running at large contrary to the provisions of this Bylaw. 7.2 Every dog seized by an Officer shall be forthwith delivered to the Pound Keeper. 7.3 The owner or keeper of a dog impounded for being at large shall be entitled to redeem such dog within 72 hours from the time of impoundment, exclusive of the day of impoundment, statutory holidays, and days during which the pound is otherwise closed, upon paying the Municipality the applicable maintenance charges prescribed, and any other damages, fines and expenses according to law. 7.4 Where a dog that is impounded is not claimed by the owner thereof within the redemption period specified under this by-law, the Pound Keeper may retain the dog for such further time as he may consider proper and during that time the Pound Keeper may: i. sell the dog for such price as he may consider proper; ii. euthanize the dog; iii. dispose of the dog in accordance with the Animals for Research Act. 7.5 Where a dog that is captured or taken into custody is injured or in the opinion of the Pound Keeper, should be destroyed without delay for humane reasons or for reasons of safety to persons or animals, the Officer or other trained person appointed by the Pound Keeper, may euthanize the dog in a humane manner as soon after capture or taking into custody as he may determine, and may do so without permitting any person to reclaim the dog or without offering it for sale. 7.6 In the opinion of an Officer, where a dog cannot be captured and where the safety of persons or animals are endangered, an Officer may euthanize the dog and no damages or compensation shall be recovered by the owner of the dog for said destruction. 7.7 Where a dog is captured or taken into custody, and the services of a veterinarian are secured by the Pound Keeper, the owner shall pay to the Municipality all fees and charges of the veterinarian in addition to all other fees and per diem charges payable under this By-law, whether the dog is alive, dies or is euthanized. 7.8 Every pound fee or other maintenance fee and license fee that is unpaid in whole or in part is a debt due to the Municipality and is recoverable in any court of competent jurisdiction in which a debt or money demand may be recovered. 7.9 Every pound fee or other maintenance fee and license fee expended by or on behalf of the Municipality under the authority of the By-law that is unpaid in whole or in part is a debt due to the Corporation and shall be collected in like manner a municipal taxes. 7.10 Where a dog is claimed from the Pound keeper, the owner shall provide proof of ownership of the dog, and pay the Municipality the applicable maintenance fees prescribed, and any other damages, fines and expenses according to law prior to release of the dog. SECTION 8 - EXEMPTIONS 8.1 This by-law shall not apply to: i. a dog hospital, clinic or kennel, lawfully operated for the exclusive purpose of treating sick or injured animals, and supervised by a veterinarian who is a registered member of the Ontario Veterinary Association. ii. the Ontario Society for the Prevention of Cruelty to Animals. iii. Dogs maintained in a zoo, fair, exhibition, dog show or circus operated or licensed by a municipal or other governmental authority. iv. Dogs maintained at a research facility registered under the Animals for Research Act. SECTION 9 - ADMINISTRATION AND ENFORCEMENT 9.1 Unless otherwise indicated, the administration of this By-law shall be assigned by Council to an Officer who may delegate the performance of his functions under this By-law from time to time as occasion requires. 9.2 In this By-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 9.3 If there is a conflict between a provision in this By-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. 9.4 The Officer may enter onto lands accompanied by any other person under the Officer’s direction, and with the appropriate equipment as required, to determine a violation of this by-law. No owner shall fail to comply or not allow the Officer entry onto the lands. 9.5 No person shall prevent, hinder, or interfere or attempt to prevent, hinder or interfere with an inspection undertaken by an Officer. 9.6 The Court in which the conviction has been entered, and any Court of competent jurisdiction thereafter, may make an Order prohibiting the continuation or repetition of the offence by the person convicted, and shall such Order shall be in addition to any other penalty imposed on the person convicted. 9.7 If a Court of competent jurisdiction should determine that any section or part of a section of this by-law is invalid, the remainder of this by-law shall remain valid and still in force. SECTION 10 - PENALTIES 10.1 Every person who contravenes any of the provisions of this By-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act, R.S.O. 1990, c.P.33, as may be amended from time to time. SECTION 11 – NO LIABILITY FOR DAMAGES 11.1 The Municipality, its agents and servants, and in particular the Officer, shall not be liable for damages or compensation for any dog killed, euthanized, or otherwise disposed of pursuant to any provision of this by-law and no such damages or compensation shall be paid to any person. SECTION 12 - TRANSITION 12.1 Every license issued pursuant to this by-law shall be deemed to be a license issued under this by-law and every such license shall continue to be valid until its normal date of expiry. 12.2 Every act taken pursuant to the predecessor to this by-law shall, as necessary, be deemed to have been taken pursuant to this by-law and every such act may be carried to its conclusion pursuant to the authority granted by this by-law. SECTION 13 - REPEAL-ENACTMENT 13.1 By-law No. 2015-113 shall be repealed in its entirety upon the passing of this by- law. 13.2 This By-law shall come into full force and effect on the date of its passing by Council. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK The Corporation of the Municipality of Bayham Schedule ‘A’ BY-LAW NO. 2023-011 Schedule of License Fees TYPE FEE Kennel License (first time) $250 Kennel License (renewal) $200 Animal Rescue Facility License (first time) $150 Animal Rescue Facility License (renewal) $100 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-012 A BY-LAW TO ESTABLISH AN ADVISORY BOARD AND COMMITTEE POLICY WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decision of Council; AND WHEREAS Council of The Corporation of the Municipality of Bayham deems it expedient to adopt a policy with respect to Advisory Boards and Committees; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the Council of the Corporation of the Municipality of Bayham hereby adopts the Advisory Board and Committee Policy attached hereto as “Schedule A” and forming part of this by-law; 2. AND THAT By-law No. 2019-003 is hereby repealed in its entirety; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK Advisory Board and Committee Policy Section 1 - Purpose The Municipality of Bayham Advisory Board and Committee Policy will guide a consistent, accountable approach to working with Municipality of Bayham Advisory Board and Committee Members. The Municipality of Bayham Advisory Board and Committee Policy in conjunction with the respective Board or Committees’ establishing by-laws and the Rules of Procedure By-law, will guide current and future Advisory Board and Committee Member activity throughout the Municipality of Bayham. The Municipality of Bayham Advisory Board and Committee Policy is part of a broader Municipal effort to participate in meaningful, transparent engagement with all residents of the Municipality of Bayham. Section 2 - Scope The Municipality of Bayham Advisory Board and Committee Policy governs the selection, responsibilities and safety of Advisory Board and Committee Members. Section 3 – Appointments Advisory Board and Committee Members are appointed by Council through a formal application process unless a Provincial Statute prescribes otherwise. Vacancies will be advertised on the Municipal Website noting for interested individuals to apply by a specified deadline date. The application form will also be available on the Municipal Website. The duration of Advisory Board or Committee appointments are the same term of Council. While appointees may serve on more than one Advisory Board or Committee, Council shall give the first consideration to individuals who are not already appointed to another Advisory Board or Committee. Specific Advisory Board or Committee qualifications are set out in the respective establishing by-laws. Council may, by resolution, rescind any appointments at any time if required. Section 4 - Advisory Board and Committee Member Responsibilities Advisory Board and Committee Members have the responsibility to fulfill their role through the following: a) Act as an ambassador of the Municipality of Bayham in the community in an effort to spread knowledge and understanding of the purpose of the specific Advisory Board or Committee; b) Not falsely represent the Municipality of Bayham Advisory Boards and Committees to outside partners, agencies or the public; c) Respect confidences and privacy of the Municipality of Bayham Advisory Boards and Committees; d) Be held accountable for their actions; e) Be willing to learn and grow in the Advisory Board and Committee position; f) Work cooperatively with Municipality of Bayham Councillors and staff, recognizing and appreciating differences of opinion; g) Be considerate, respect competencies and work as a team with all staff and other Advisory Board and Committee Members; h) Complete the training and/or orientation provided; i) Follow all applicable policies, procedures and by-laws established by the Municipality of Bayham; j) Be required to sign a confidentiality statement. Section 5 - Advisory Board and Committee Member Recognition Program The Council of the Municipality of Bayham shall every four years, in the final year of a term of Council, recognize Advisory Board or Committee Members and Community Volunteers by hosting a Volunteer Appreciation Night. All Advisory Board and Committee Members and Community Volunteers will have the opportunity to attend and celebrate volunteerism in the Municipality of Bayham. Council shall determine the scope and cost of the event through the budget process. Section 6 - Accessibility The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) received Royal Ascent on June 13, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and AODA has strong enforcement provisions including inspections, orders and significant penalties. While serving on any Municipality of Bayham Advisory Board or Committee, all Municipality of Bayham Advisory Board and Committee Members shall comply with all Municipality of Bayham Accessibility Policies. Municipality of Bayham Advisory Boards and Committees shall also ensure that adequate provisions are made to ensure that Places of Meeting, Agenda and Minute formats, communications and conduct of meetings are accessible, to provide maximum participation. Section 7 - Municipal Freedom of Information and Protection of Privacy Act The Municipal Freedom of Information and Protection of Privacy Act requires the Municipality to protect the privacy of an individual's personal information existing in government records and provides a right of access to information held by the Municipality. The Municipal Freedom of Information and Protection of Privacy Act creates a privacy protection scheme the Municipality must follow to protect an individual's right to privacy. The scheme includes rules regarding the collection, use, disclosure and disposal of personal information in the custody and control of the Municipality. The Municipality, as a whole, including Advisory Boards and Committees, are accountable for complying with the Municipal Freedom of Information and Protection of Privacy Act. It is against the law to release any personal information to anyone other than the person that the information is about. As such, all Advisory Board and Committee members must sign a Municipal Freedom of Information and Protection of Privacy Act Confidentiality Statement. Section 8 - Municipal Conflict of Interest Act The Municipal Conflict of Interest Act strives to control the actions of elected and appointed Municipal representatives by obliging them to publicly disclose any direct or indirect pecuniary interests they have in a matter before Council, and Advisory Boards or Committees. Conflict of interest legislation is limited to pecuniary interests. The term “pecuniary interest” is not defined in the Municipal Conflict of Interest Act, but includes direct, indirect and deemed pecuniary interests. Its dictionary definition is “to relate to money”. If an Advisory Board or Committee Member has a conflict of Interest the Municipal Conflict of Interest Act requires: a) the Advisory Board or Committee Member to disclose the pecuniary interest; b) the Advisory Board or Committee Member to not influence before, during or after a vote; c) the Advisory Board or Committee Member to not participate in the discussion or decision making; d) the Advisory Board or Committee Member to leave the room, if the matter is dealt with in-camera under the provisions of the Municipal Act, 2001; In the event of an alleged contravention, an elector may bring an application before a Judge of the Ontario Court of Justice for a determination of whether an Advisory Board or Committee Member has contravened the Municipal Conflict of Interest Act. Section 9 - Advisory Board and Committee Member Health and Safety Advisory Board and Committee Members should never be asked to do anything unsafe, and have the right to refuse any request, function or activity they feel is unsafe. The Municipality of Bayham has a wide range of interactions with Advisory Board and Committee Members and therefore expects that different approaches shall apply to different Advisory Board and Committee activities. It is important that approaches be designed within an overall policy framework across the entire Municipality of Bayham. The health and safety of Advisory Board and Committee Members is paramount and will be managed in accordance with the same principles and processes as that of Councillors and staff. All Advisory Board and Committee projects will comply with the Occupational Health and Safety Act and Regulations, and the Municipality of Bayham Occupational Health and Safety Policies. Advisory Board and Committee Members shall have the following responsibilities: a) Be familiar with the applicable requirements of the Municipality’s Health and Safety Policy and the Occupational Health and Safety Act and Regulations, and ensure compliance with the same; b) Take every possible precaution to protect themselves, fellow Advisory Board and Committee Members and the public from health hazards and unsafe situations; c) Properly wear and use personal protective equipment where required; d) Familiarize themselves with the location and operation of all safety equipment including first-aid kits and fire extinguishers; e) Be responsible for the prompt reporting of health and safety hazards, unsafe acts or conditions, accident and injuries; f) To not engage in any prank, contest, feat of strength, unnecessary running or rough boisterous conditions. Advisory Board and Committee Members are prohibited from using or possessing illicit drugs, alcohol or using prescription drugs in any way that is illegal. Municipality of Bayham Advisory Board and Committee Members under the influence of drugs and/or alcohol will not be tolerated, and will result in the Advisory Board and Committee Member’s dismissal. Section 10 - Insurance and Liability The issue of liability is based on the principle that people are responsible for their conduct in the course of daily activities. Failure to conduct oneself in a responsible and reasonable manner could result in a tort. A tort is a civil wrong as opposed to a criminal wrong and occurs when negligent conduct results in some injury to others. Negligent conduct can include acts of commission or omission. The resulting damage might be to either person or property. Advisory Board and Committee Members, inclusive of Student, Affiliate and single day volunteers, while acting within a specific Advisory Board and Committee established mandate and under the control and direction of the Council of the Municipality of Bayham are covered by the Municipality of Bayham General Liability Insurance Policy. Advisory Board and Committee Members acknowledge the following: 1. Advisory Board and Committee Members shall not be covered by Workplace Safety Insurance Board coverage. 2. Advisory Board and Committee Members will abide by all applicable Municipal by-laws, policies and rules, as may be amended from time to time. 3. Advisory Board and Committee Members will not use facilities, equipment and property owned by the Municipality without approval of a Municipal staff person. Section 11 – Administration Unless the context otherwise requires, the words used in the male gender shall include the female gender and the singular includes the plural, and vice-versa, as the context requires. Any inquiries on this policy should be directed to the CAO|Clerk or designate. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-013 A BY-LAW TO ESTABLISH A MUSEUM ADVISORY COMMITTEE WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decision of Council; AND WHEREAS the Municipality of Bayham owns and operates the Port Burwell Marine Museum and Port Burwell Historic Lighthouse; AND WHEREAS Council for the Municipality of Bayham deems it desirable to establish a Museum Advisory Committee to operate as a Committee of Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT a Museum Advisory Committee be established for the Municipality of Bayham; 2. AND THAT the Committee operates in accordance with its Terms of Reference attached hereto as Schedule “A” 3. AND THAT this by-law shall come into effect on the date of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK MUSEUM ADVISORY COMMITTEE Terms of Reference 1. PURPOSE The Museum Advisory Committee makes recommendations to Council in regards to the operation of the Port Burwell Marine Museum and Lighthouse. 2. DUTIES The Museum Advisory Committee reviews the Marine Museum and Lighthouse policies and procedures for service, operation, and programming. The Committee makes recommendations to Council on the long-term planning goals of the Museum including review of artifacts, budget requirements, and special events. 3. MEMBERS The Museum Advisory Committee is comprised of five (5) voting members consisting of four (4) members of the public and one (1) member of Council. The appointed member of Council shall be the Chair. The Mayor may attend meetings in an ex- officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Appointments will be carried out as outlined in the Advisory Board and Committee Policy. The ideal member for the Museum Advisory Committee should be: - A resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Has previous experience being an Advisory Board or Committee member - Has knowledge of museum operations - Knowledgeable of Bayham’s history and nautical history Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Museum Advisory Committee will meet a minimum of four (4) times a year with Regular Meetings set quarterly by the Committee at the first meeting of the year. Additional meetings may be scheduled by the call of the Chair if required. 6. ADMINISTRATIVE SUPPORT The Planning Coordinator|Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The Planning Coordinator|Deputy Clerk, for purposes of the Museum Advisory Committee, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time, including a representative from the Elgin County Archives. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Advisory Board and Committee Policy and the Council Procedural By-law. Members of the Museum Advisory Committee are volunteers and do not receive remuneration for their duties. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-014 A BY-LAW TO ESTABLISH A WATERFRONT ADVISORY COMMITTEE WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decision of Council; AND WHEREAS the Municipality of Bayham applies annually to the Blue Flag Program to obtain Blue Flag Beach status for the Port Burwell East Beach; AND WHEREAS a requirement of the Blue Flag program is to establish a Blue Flag beach management committee; AND WHEREAS Council for the Municipality of Bayham deems it desirable to establish a Waterfront Advisory Committee that houses the duties of said beach management committee and operates as a Committee of Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT a Waterfront Advisory Committee be established for the Municipality of Bayham; 2. AND THAT the Committee operates in accordance with its Terms of Reference attached hereto as Schedule “A” 3. AND THAT this by-law shall come into effect on the date of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK WATERFRONT ADVISORY COMMITTEE Terms of Reference 1. PURPOSE Bayham’s Waterfront Advisory Committee is responsible for ensuring that criteria through the Blue Flag program is met annually to uphold the Blue Flag status for the Port Burwell East Beach. Members of the Waterfront Advisory Committee will be considered the “Beach Management Committee” as required through the Blue Flag program. 2. DUTIES It is the duty of the Waterfront Advisory Committee to encourage healthy and sustainable use of the Port Burwell waterfront by residents and visitors. The Waterfront Advisory Committee receives information and makes recommendations to Council that are consistent with approved Blue Flag Beach criteria. The Waterfront Advisory Committee will also receive information on and is responsible for providing general recommendations to Council regarding East Beach parking area amenities and matters regarding the East Pier. 3. MEMBERS The Waterfront Advisory Committee is comprised of five (5) voting members consisting of four (4) members of the public and one (1) member of Council. The appointed member of Council shall be the Chair. The Mayor may attend meetings in an ex-officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Appointments will be carried out as outlined in the Advisory Board and Committee Policy. The ideal member for the Waterfront Advisory Committee should be: - A resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Has previous experience being an Advisory Board or Committee member - Has knowledge of the Blue Flag requirements - Has knowledge of the Port Burwell East Beach amenities and operations - Knowledgeable of local natural environment, invasive species, and impacts to waterfront dynamics - Experience with environmental education programming Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Waterfront Advisory Committee will meet a minimum of four (4) times a year with Regular Meetings set quarterly by the Committee at the first meeting of the year. Additional meetings may be scheduled by the call of the Chair if required. 6. ADMINISTRATIVE SUPPORT The Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The CAO, for purposes of the Waterfront Advisory Committee, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time, including representation from the Long Point Region Conservation Authority (LPRCA) and/or Otter Valley Naturalists. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Committee Policy and the Council Procedural By-law. Members of the Waterfront Advisory Committee are volunteers and do not receive remuneration for their duties. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-015 A BY-LAW TO ESTABLISH A JOINT CEMETERY BOARD WHEREAS Section 224 of the Municipal Act 2001, S.O. 2001, c.25, as amended, provides that the role of Council is to ensure that administrative practices are in place to implement the decision of Council; AND WHEREAS the operation and maintenance of cemeteries in the Municipality of Bayham is fulfilled through either the Municipality or individual cemetery boards; AND WHEREAS Council for the Municipality of Bayham deems it desirable for the individual cemetery boards to form a Joint Cemetery Board to operate as a Committee of Council; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT a Joint Cemetery Board be established for the Municipality of Bayham; 2. AND THAT the Board operates in accordance with its Terms of Reference attached hereto as Schedule “A” 3. AND THAT this by-law shall come into effect on the date of its passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK JOINT CEMETERY BOARD Terms of Reference 1. PURPOSE The Municipality of Bayham has several cemeteries within its boundaries that are operated by either an Individual Cemetery Board or by Municipal staff. The Joint Cemetery Board provides a vessel of communication from the Individual Cemetery Boards to Council. 2. DUTIES The Joint Cemetery Board co-ordinates and supports the efforts in pursuing consistency among the Bayham Cemetery Boards and ensuring compliance with the requirements of the Funeral, Burial, Cremation Services Act, 2002 (FBCSA) and Regulations, as amended. The Joint Cemetery Board makes recommendations to Council relating to cemetery operations and maintenance for all of Bayham’s cemeteries listed herein. Below outlines the cemeteries that are operated by a board and without a board: Individual Board:  Straffordville Cemetery  Calton Cemetery  Bayham West Cemetery  Guysboro Cemetery No Board:  Dobbie Cemetery  Best Cemetery  Smuck Cemetery  Eden Cemetery  Light Cemetery Edison Cemetery  Claus Cemetery Stanton Cemetery  Firby Cemetery Old Eden Cemetery  Old Richmond (Godwin) Cemetery  Otter Valley Cemetery  Estherville Cemetery  Amerman Cemetery  Abandoned Cemetery  Hemlock Creek Cemetery  Hutchison Cemetery 3. MEMBERS The Joint Cemetery Board is comprised of one (1) voting member from each cemetery currently operating with a Board, and (1) member of Council. The appointed member of Council shall be appointed as Chair. The Mayor may attend meetings in an ex-officio capacity and does not have a vote. 4. APPOINTMENTS & QUALIFICATIONS Members of the Joint Cemetery Board are determined by the individual Cemetery Boards. Each individual Board is to select one (1) representative to be a member of the Joint Cemetery Board. Such selections are to be confirmed in writing to the municipality. Members of the Joint Cemetery Board are considered representatives of all listed cemeteries, regardless of the individual Cemetery Board that one represents. Appointments to the individual Cemetery Boards will be carried out as outlined in the Advisory Board and Committee Policy. Ideal applicants for individual Cemetery Boards should: - Be a resident of Bayham - 18 years of age or older - Available for in person meetings held at the Municipal Office in Straffordville - Have an interest in local history, heritage and genealogy - Willing to assist with cemetery records, sales, internments, and licensed operators Staff members are not eligible to serve on an Advisory Board or Committee. 5. MEETINGS The Joint Cemetery Board will meet a minimum of two (2) times a year – once in April and once in November. Additional meetings, if required, may be scheduled in agreement between the Chair and the Clerk. 6. ADMINISTRATIVE SUPPORT The Deputy Clerk or designate will attend all meetings and be responsible for the preparation and distribution of agendas and minutes. The Treasurer is in charge of the business and affairs of the Cemeteries and will also be in attendance at each meeting. The Treasurer, for purposes of the Joint Cemetery Board, is the primary Staff Resource. Specific staff members or external stakeholders may be requested to attend meetings from time to time. Committee members cannot direct staff. 7. REPORTING RELATIONSHIP Committees of Council provide recommendations to Council. Any motions passed by the Committee that involve a recommendation to Council will be presented to Council for consideration at the next available Regular Meeting agenda. Outcomes of Council’s consideration will be provided to the Committee on their next available Regular Meeting agenda. 8. TERMINATION AND AMENDMENTS This Committee shares the same term of Council unless otherwise stated. Council may terminate or amend the terms at any time as deemed appropriate. 9. OTHER Committee members are to operate and adhere to all provisions set out in the Advisory Board and Committee Policy, the Council and Committee Procedural By- law, and the Cemetery By-law. Members of the Joint Cemetery Board are volunteers and do not receive remuneration for their duties. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2023-016 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD FEBRUARY 16, 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 February 16, 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 16th DAY OF FEBRUARY 2023. ____________________________ _____________________________ MAYOR CLERK