HomeMy WebLinkAboutOctober 19, 2023 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, October 19, 2023 7:00 p.m. The October 19, 2023 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 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
A. Aird Berlis re Integrity Commissioner Report on Code of Conduct Complaint & Municipal
Conflict of Interest Application – Councillor Susan Chilcott 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Special Council Meeting held October 3, 2023 B. Regular Council Meeting held October 5, 2023 8. MOTIONS AND NOTICE OF MOTION 9. OPEN FORUM 10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
Council Agenda October 19, 2023
2
11.2 Reports to Council
A. Report BL-07/23 by Stephen Miller, By-Law Enforcement Officer re Third-Party By-law
Enforcement – Tenet Security
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Adoption re Official Plan Amendment No.34 B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/23 Bonnefield Farmland Ontario IV Inc. 12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-06/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re 3rd Quarter Drainage Report
B. Report DR-07/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Petition for Drainage – Frank Wall 1985763 Ontario Inc.
C. Report DR-08/23 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Hampton Drain Improvements Contract Award
D. Report DS-55/23 by Scott Sutherland, Chief Building Official re 3rd Quarter Report
E. Report DS-59/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official
Plan Amendment No. 35 Algar Farms Ltd. 53921 Nova Scotia Line
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Greater Napanee re Guaranteed Livable Income B. Town of Greater Napanee re Chronic Pain Treatments C. Town of Cobourg re Illegal Land Use Enforcement D. Town of Cobourg re Catch and Release Justice in Ontario
E. Town of Midland re Catch and Release Justice in Ontario
F. County of Brant re Guaranteed Livable Income G. Town of Whitchurch-Stouffville re Illegal Land Use Enforcement
Council Agenda October 19, 2023
3
H. Township of West Lincoln re Challenges Faced by Smaller Developers in Ontario
Communities
I. Town of Aurora re Opposition to Strong Mayor Powers in Aurora
J. Town of Aurora re Intimate Partner Violence Epidemic
K. Town of Wasaga Beach re Illegal Car Rally – Provincial Task Force
L. Southwestern Public Health re New Covid-19 Vaccine Formulation for High Rick Community Members
M. Long Point Region Conservation Authority re September 6, 2023 Meeting Minutes
N. County of Elgin re October 10, 2023 County Council Highlights 13.1.2 Requiring Action
A. Laura Edwards re Plank Road, Chute Line and Northern Vienna Bridge 13.2 Reports to Council A. Report TR-15/23 by Lorne James, Treasurer re 2023 Q3 Variance Report
B. Report CL-12/23 by Meagan Elliott, Clerk re Municipal Assistance – Port Burwell Legion Remembrance Day Parade
C. Report CAO-53/23 by Thomas Thayer, CAO re Extension of Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road SPA-06/21
D. Report CAO-54/23 by Thomas Thayer, CAO re Site Plan Agreement – Latimer – 54296 Heritage Line SPA-02/23
E. Report CAO-55/23 by Thomas Thayer, CAO re Benefits and Costs – Blue Flag Status at the Port Burwell East Beach F. Report CAO-56/23 by Thomas Thayer, CAO re Roads Maintenance Agreement – Elgin County 14. BY-LAWS
A. By-law No. 2023-078 Being a by-law to adopt Official Plan Amendment No. 35 B. By-law No. 2023-079 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and P.B.R. Excavating Inc. for Hampton Drain Works
C. By-law No. 2023-080 Being a by-law to authorize the execution of a County Roads maintenance agreement between the Corporation of the Municipality of Bayham and the
Corporation of the County of Elgin
Council Agenda October 19, 2023
4
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. 2023-081 Being a by-law to confirm all actions of Council 18. ADJOURNMENT
Meaghan T. Barrett Direct: 416.865.3064 E-mail: mbarrett@airdberlis.com
INTEGRITY COMMISSIONER REPORT ON
CODE OF CONDUCT COMPLAINT & MUNICIPAL CONFLICT OF INTEREST APPLICATION – COUNCILLOR SUSAN CHILCOTT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
Aird & Berlis LLP
Meaghan Barrett
October 11, 2023
TABLE OF CONTENTS
I. INTRODUCTION ................................................................................................................ 1
II. AUTHORITY ....................................................................................................................... 2
III. REVIEW OF MATERIALS & INQUIRY ............................................................................... 2
IV. MCIA PROVISIONS ........................................................................................................... 3
V. CODE PROVISIONS .......................................................................................................... 3
VI. BACKGROUND FACTS ..................................................................................................... 4
VII. FINDINGS ........................................................................................................................... 7
VIII. CONCLUSIONS ................................................................................................................14
Page 1 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
INTEGRITY COMMISSIONER REPORT ON
CODE OF CONDUCT COMPLAINT AND
MUNICIPAL CONFLICT OF INTEREST APPLICATION –
COUNCILLOR SUSAN CHILCOTT
I. INTRODUCTION
1. Our office received a formal complaint (the “Complaint”), dated April 21, 2023 regarding the conduct of Councillor Susan Chilcott (the “Respondent”), pursuant to the Code of Conduct for Members of Council for the Corporation of the Municipality of Bayham (the “Code”).
2. Pursuant to section 223.4.1 of the Municipal Act, 2001,1 our office received a related formal application dated May 17, 2023 alleging that the Respondent contravened 5 of the Municipal Conflict of Interest Act2 (the “Application”).
3. The Complaint and Application, brought by the Complainant/Applicant (the “Complainant”), relate to Council’s consideration of the proposed expansion of the Straffordville Community
Centre (the “SCC”), and specifically Council’s consideration of options to address a funding shortfall for the planned SCC expansion.
4. The Municipality received approval for a grant to renovate and expand the SCC through the
Investing in Canada Infrastructure Program (the “ICIP”) in 2021. Following a recent costing exercise, municipal staff determined that the actual costs of construction for the SCC expansion project would exceed the costs contemplated when the Municipality filed its grant application in
2019. Overages for the project cost would fall to the Municipality.
5. At a Council Meeting held on March 16, 2023, staff recommended that Council consider reducing the scope of the SCC expansion project. Council directed staff to prepare further detailed
costing for further discussion and presentation to Council.
6. At a Council Meeting held on April 6, 2023, Council considered a report from the CAO which provided several options to address the funding shortfall for the SCC expansion project and passed a resolution to reduce the scope of the SCC expansion project.
7. The Respondent is a founding member of the Straffordville Hall Foundation (the “SHF”), a registered not-for-profit organization. Its mandate is to ensure the continuing operations of the SCC, which it achieves through fundraising as well as managing and operating the SCC. The SHF is party to an Operating and Maintenance Lease Agreement with the Municipality.
8. The Respondent resigned from the Board of Directors of the SHF on July 27, 2018, prior to her election as a member of Council. The Complaint alleges that the Respondent continues to have close ties to the SHF that give rise to a conflict of interest. Notably, the Respondent’s spouse, mother-in-law, aunt and other family members hold leadership positions with the SHF.
1 Municipal Act, 2001, S.O. 2001, c. 25.
2 Municipal Conflict of Interest Act, R.S.O. 1990, c. M.50 (the “MCIA”).
Page 2 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
9. The Respondent did not recuse herself nor a declare pecuniary interest at the Council Meeting on April 6, 2023, and participated and voted in respect of the item related to the SCC
expansion. While not within the scope of the six-week limitation period for an MCIA application, the Respondent also did not declare a pecuniary interest, and participated and voted at a number of previous Council meetings in respect of the SCC expansion, including at the Meeting of Council
on March 16, 2023.
10. Following our initial review of Complaint and Application, we concluded an inquiry was appropriate. Following an inquiry, we have concluded that the Respondent did not breach the
Code or the MCIA.
II. AUTHORITY
11. Aird & Berlis LLP was appointed the Integrity Commissioner for the Municipality of Bayham (the “Municipality”) pursuant to subsection 223.3(1) of the Municipal Act, 2001.
12. We are appointed to act independently on the application and enforcement of the Code as well as sections 5, 5.1 and 5.2 (and, where applicable, section 5.3) of the MCIA.
13. We are required to preserve secrecy in all matters that come to our knowledge as Integrity Commissioner during the course of our duties. At the same time, the Municipality is required to ensure that reports received from the Integrity Commissioner are made available to the public.
14. The Complaint and the Application were properly filed pursuant to the Code and subsections 223.4(1) and 223.4.1 of the Municipal Act, 2001.
15. The allegations raised in the Complaint and the Application arise from the same set of circumstances and are set out in greater detail below.
III. REVIEW OF MATERIALS & INQUIRY
16. In order to undertake our inquiry and make a determination on the alleged contraventions of the Code and the MCIA, we took the following steps:
Review of the Code;
Review of the filed Complaint and Application, including an email from the Complainant dated May 13, 2023;
Correspondence and discussion with the Respondent;
Review of the following materials:
o the Minutes, Agenda and all relevant attachments for the Council Meetings held on March 16, 2023 and April 6, 2023;
o By-law 2016-108, the by-law authorizing execution of the lease agreement between the Municipality and the SHF, including the body of the agreement itself.\; and
o a corporate profile search of the SHF.
Page 3 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
IV. MCIA PROVISIONS
17. The MCIA concerns itself with pecuniary interests, both direct and indirect. The term
“pecuniary” is not defined within the legislation, but is understood to relate to a monetary, economic or other financial benefit that can be valued in monetary terms.
18. The Complainant alleges a contravention of the following provisions of the MCIA:
Duty of the Member
When present at meeting at which matter considered
5 (1) Where a member, either on his or her own behalf or while acting for, by, with
or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the council or local board at which the matter is the subject of consideration, the member,
(a) shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;
(b) shall not take part in the discussion of, or vote on any question in respect of the matter; and
(c) shall not attempt in any way whether before, during or after the meeting to influence the voting on any such question. …
V. CODE PROVISIONS
19. The Complainant alleges that the Respondent’s conduct contravened the following provisions of the Code:
5.1 It shall be the duty of all Members to abide by all applicable legislation, policies and procedures pertaining to their position as a Member.
5.2 Members shall at all times serve and be seen to serve their constituents in
a conscientious and diligent manner.
5.3 Members will conduct their dealings with each other in ways that maintain public confidence in the position to which they have been elected or
appointed.
5.7 In accordance with the Municipal Act, 2001 and the Municipal Conflict of Interest Act, every Member shall exercise his or her power and discharge his or her official duties in accordance with the following guiding principles:
d) Truly, faithfully and impartially exercise his or her office to the best of his or her knowledge and ability
6.1 Members have strict obligations to avoid conflicts of interest by taking the following steps whenever a member has a direct or indirect pecuniary interest in any matter that is before Council in a meeting where the member is present:
Page 4 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
(i) disclose the general nature of the member's interest, pursuant to the Municipality of Bayham Procedural By-law, prior to any
consideration of the matter in the meeting;
(ii) refrain from participating in the discussion of the matter or in any vote on the matter; and,
(iii) refrain from attempting to influence the voting on the matter or question, before, during or after the meeting.
6.2 All members have important ethical and statutory obligations to adhere to
the steps outlined above to ensure avoidance of any conflict of interest in connection with carrying out the obligations of the Member's office.
6.3 Each Member must declare the conflict of interest and general nature thereof verbally at the beginning of each meeting and provide the Clerk with the signed declaration in accordance with Appendix D attached.
20. Section 8 of the MCIA provides that an application must be made within six (6) weeks of an applicant becoming aware of an alleged contravention. It is therefore important to emphasize that only the events at the Council Meeting on April 6, 2023 are subject to the Application, as an Application was filed within the six week period following that meeting.
VI. BACKGROUND FACTS
(a) The SHF
21. The SHF is a registered not-for-profit organization, established in 2014 or 2015 to ensure the continuing operations of the SCC in the face of plans to close the SCC. The SHF’s mandate is twofold. First, to raise funds for the Municipality to pay for the renovation of the SCC (which funds would be matched by the ICIP Grant). Second, the SHF entered into an agreement with the Municipality to clean and maintain the SCC and to manage the bookings of the SCC. This second mandate was later scoped to only maintenance of the SCC, with the Municipality resuming
carriage of cleaning the facility, and expanded to include management of bookings for other Municipal facilities. The Municipality provides no direct compensation to the SHF for the performance of these services, but does allow the SHF to use the SCC for certain events at no cost, as described in below.
22. The SHF entered into an Operating and Maintenance Lease Agreement (“Lease Agreement”) with the Municipality in 2016, which was renewed for a further five year term in
2021. The Lease Agreement stipulates that the Municipality, as “landlord”, is governed by Mayor and Council and operated by administration, and that the Chief Administrative Officer (“CAO”) of the Municipality is authorized by Council to administer the Lease Agreement in its entirety once the Lease Agreement is endorsed by Council.
23. The Lease Agreement provides that the SHF will “operate and manage access to” the SCC, as directed by the Municipality, “providing community, social and recreational activities, which contributes to the general wellbeing of the community”. The Lease Agreement grants the SHF “the non-exclusive right to use” the SCC “at no cost when the funds or ends of such potential use
are for the benefit of the Municipality”. In exchange, the SHF agrees to provide facility operations management, booking fee collection and janitorial services, as set out in sections 5.2 to 5.4 of the Lease Agreement.
Page 5 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
(b) The Respondent’s Involvement with the SHF
24. The Respondent is a founding member of the SHF, and previously held the position of Vice-
President. On July 27, 2018, prior to her election as a member of Council in October 2018, the Respondent formally resigned from the Board of Directors of the SHF. We note that the Corporate Profile Report for the SHF continues to list the Respondent as a director of the SHF, and that
these documents do not appear to have been updated since the SHF was officially registered in accordance with the Not-for-Profit Corporations Act, 2010 in 2017.
25. The Complaint alleges that while the Respondent has resigned from the SHF “on paper”,
she continue to have close ties to the SHF that give rise to a conflict of interest. The Complaint and Application cite numerous examples of the Respondent’s continuing close relationship with the SHF, including that the Respondent is listed as an “administrator” on the SHF’s Facebook page, volunteers with the SHF at community events held at the SCC, and promotes SHF events through her personal social media account.
26. The Respondent’s spouse, Danny Chilcott, mother-in-law, Brenda Chilcott, aunt, Wendy Chilcott, and other family members continue to be engaged and hold leadership positions with the SHF. The Respondent has confirmed that her spouse is the current Vice-President of the SHF.
27. The Respondent indicated in her responding submissions that prior to the meeting of Council on April 6, 2023, she asked a member of municipal staff if she was entitled to engage in
Council’s discussion of the SCC expansion and was advised that she did not have a conflict of interest in this matter.
(c) The ICIP Grant
28. In 2019, the Municipality applied for a grant to renovate and expand the SCC through the Investing in Canada Infrastructure Program (the “ICIP Grant”). The Respondent voted in favour of the grant application at the meeting of Council on September 5, 2019.
29. In 2021, the Municipality received formal approval of its grant application from the ICIP to permit the development of the Straffordville Community Hub, including expansion of the SCC. The original approved funding for the Straffordville Community Hub amounted to approximately $2 million.
30. Following a recent costing exercise, staff determined that the actual costs of construction for the Straffordville Community Hub project would exceed the amount contemplated in the 2019
ICIP grant application, and that all overages for the project cost would fall to the Municipality.
31. On March 16, 2023, staff recommended that Council consider reducing the scope of the Straffordville Community Hub project. Council passed a motion, moved by the Respondent, that directed staff to prepare detailed costing for the SCC expansion for further discussion and presentation to Council in Q2. The Complaint alleges that the Respondent improperly participated in the discussion related to the Straffordville Community Hub project at the March 16, 2023 meeting of Council.
32. On April 6, 2023, Council received a report from the CAO (the “April 6 Report”), which
provided several options to address the funding shortfall for the previously approved Straffordville
Page 6 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
33. Community Hub project. The report indicates that even with the reduced scope, the total cost of the SCC expansion project would still exceed the original $2 million estimate (at
approximately $2.3 million), at least part of which costs would be borne by the Municipality.
34. Council passed the following resolution, which was moved by the Respondent:
Report CAO-20/23 by Thomas Thayer, CAO/Clerk re Follow-Up Report – Detailed
Costing and Timeline Update – Straffordville Community Centre Expansion
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report CAO-20/23 re Follow-up Report – Detailed Costing and Timeline Update – Straffordville Community Centre Expansion be received for information;
AND THAT, due to estimated cost over-runs, Council approve the re-scoping of the Straffordville Community Hub project to remove the Covered Pavilion, LED Ball Diamond Lighting, and new concrete pad;
AND THAT an application be made to the ICIP Community, Culture and Recreation program for consideration of the identified reduction in scope.
CARRIED
35. The Respondent does not dispute that she participated in the discussion related to this matter.
(d) The Position of the Parties
36. The Application alleges that the Respondent contravened section 5 of the MCIA by failing: (i) to declare a pecuniary interest, and (ii) to refrain from discussing and voting on the ICIP Grant as it relates to the SCC expansion at the meeting of Council on April 6, 2023. The Applicant alleges that the Respondent’s contravention of the MCIA is both an indirect, deemed pecuniary interest on the basis of her ties with the SHF.
37. The Applicant added an additional allegation to the original Application, that the Respondent
also has a direct pecuniary interest in the discussion and vote that occurred on April 6, 2023. by virtue of the location of the Respondent’s home, which is located in close proximity to the SCC.
38. The Complaint alleges that the Respondent contravened sections 5.1, 5.2, 5.3, 5.7 a) and d), 6.1, 6.2 and 6.3 of the Code by showing favouritism toward the SHF on several occasions since her election as a member of Council, notably by voting in favour of the ICIP grant in 2019, voting to surplus and sell a neighbouring community centre in Vienna and continuing to actively
participate with the organization despite having officially resigned as a Director. We note that the Complaint does not specifically address how the Respondent is alleged to have contravened sections 5.1, 5.2, 5.3, 5.7 a) and d) of the Code.
39. As part of our standard investigative process, we provided the Respondent with notice of the particulars of the Complaint and Application and an opportunity to respond to the allegations set out therein.
Page 7 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
VII. FINDINGS
(a) Municipal Conflict of Interest Act Application
40. The MCIA concerns itself with the narrow question of conflicts of interest that are pecuniary in nature, (i.e., a direct or indirect (as defined in the MCIA) financial or economic interest).
41. The clear legislative intent underlying the indirect pecuniary interest provisions of the MCIA
is to safeguard the public interest by prohibiting a member of council from participating in decision-making processes when they have an association with a company, body, partnership or employer that has a financial interest before council. Such an association raises an apparent or perceived
conflict of interest at common law and this policy underpinning is reflected in the indirect pecuniary interest provisions contained in section 2 of the MCIA.
42. As noted in Elliot Lake (Integrity Commissioner) v. Pearce: “The standard to be met by elected officials in avoiding conflicts of interest is very high in order to maintain public confidence in the administration of municipal government.”3
43. In the present case, the Respondent is deemed have a pecuniary interest in accordance with section 3 of the MCIA by virtue of her spouse’s membership in the SHF. The Respondent is alleged to have an indirect pecuniary interest in the matter of the ICIP Grant and the SCC expansion by operation of sub-clause 2(a)(iii) of the MCIA since the SHF is the “body” of which her spouse is a member that is alleged to have the pecuniary interest in the matter.
44. Accordingly, the central question for our consideration of this matter is whether the SHF has
a pecuniary interest in the matter that was before Council on April 6, 2023. There is no dispute that the Respondent participated in the decision-making process regarding the ICIP Grant.
(i) The Respondent has a Deemed, Indirect Interest in the SHF
45. Unlike a direct pecuniary interest, an indirect pecuniary interest is not required to give rise to a personal financial benefit. Instead, for the purpose of clause 2(a)(iii) of the MCIA, it arises through the pecuniary interest of the “body” in a matter that is before council for consideration.4
3 Elliot Lake (Integrity Commissioner) v. Pearce, 2021 ONSC 1851 at para. 12.
4 Section 2 of the MCIA provides as follows:
Indirect pecuniary interest
2 For the purposes of this Act, a member has an indirect pecuniary interest in any matter
in which the council or local board, as the case may be, is concerned, if,
(a) the member or his or her nominee,
(i) is a shareholder in, or a director or senior officer of, a corporation that does not offer its securities to the public,
(ii) has a controlling interest in or is a director or senior officer of, a corporation that offers its securities to the public, or
(iii) is a member of a body, that has a pecuniary interest in the matter;
(b)
the member is a partner of a person or is in the employment of a person or body that has a pecuniary interest in the matter.
Page 8 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
46. The Ontario Superior Court of Justice has found that the term “body” in sub-clause 2(a)(iii) of the MCIA includes volunteer run, non-share, not-for-profit corporations and boards. As set out
in Cooper v. Wiancko:
Individuals who are directors, committee members and general members of these types of entities all have the potential to have their duties as members of public
councils collide with the pecuniary interests of such organizations, placing them in the untenable position of “serving two masters.”5
47. We conclude that the SHF is a “body” for the purposes of section 2 of the MCIA.
48. Section 5 of the MCIA is also engaged where the spouse or any child of the member has a direct or indirect pecuniary interest in a matter. In accordance with section 3 of the MCIA, this interest, if known, is deemed to give rise to a pecuniary interest on the part of the member.
49. The Respondent’s spouse, Danny Chilcott, is a director of the SHF. We therefore conclude that the Respondent has a deemed indirect interest in the SHF.
50. The Application alleges that the Respondent is a member of the body in her own right given her historic association with the SHF and her ongoing role as volunteer and active promoter of SHF events, despite having resigned her position as a director of the organization prior to her election as a member of Council in July 2018. It is unnecessary to determine whether the Respondent is a “member” of the SHF in her own right given our finding that she has a clear deemed indirect interest in the SHF by virtue of her spouse’s membership in the organization.
(ii) The SHF has a Pecuniary Interest in the ICIP Grant Matter
51. Pecuniary interest is not a defined term in the MCIA. However, the Court of Appeal in Ferri v. Ontario (Ministry of Attorney General)6 considered the scope of what constitutes a pecuniary interest at paras. 9-10:
This court has held that, given the purpose of the MCIA, "what constitutes a pecuniary interest sufficient to trigger the provisions of the MCIA is not to be
narrowly confined": Orangeville (Town) v. Dufferin (County), 2010 ONCA 83, 266 O.A.C. 207, at para. 22. The competing policy imperative is that "pecuniary interest" must not be construed so broadly that it captures almost any financial or economic interest such that it risks needlessly disqualifying municipal councillors, and others captured under the ambit of the MCIA, from participating in local matters of importance to their constituents. Section 4(k) of the MCIA operates to
respond to this concern and ameliorate the potentially harsh effects of a broad definition of pecuniary interest by ensuring that pecuniary interests that are truly remote or insignificant are not caught under s. 5.
5 Cooper v. Wiancko, 2018 CarswellOnt 676, 73 M.P.L.R. (5th) 212 at para. 70 (Ont. S.C.J.); Gammie v.
Turner, 2013 ONSC 4563 (Ont. S.C.J.). It is noted that the Ontario Superior Court of Justice in Aurora (Town) v. Ontario, 2013 ONSC 6020, 17 M.P.L.R. (5th) 188 at paras.30-32, held that “body” did not include
non-share, not-for-profit charitable corporations but this interpretation has not been subsequently followed.
6 Ferri v. Ontario (Ministry of Attorney General) 2015 ONCA 683, 40 M.P.L.R. (5th) 223 (Ont. C.A.) [Ferri].
Page 9 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
52. At its meeting on April 6, 2023, Council received the April 6 Report, which set out options to address the funding shortfall for the Straffordville Community Hub project. The scope of the
original project had been set in 2019. The Respondent participated in discussion of this report.
53. Council passed a resolution, moved by the Respondent, to approve a reduction in the scope of the Straffordville Community Hub project (the “SCC expansion”) and to direct staff to apply to
the ICIP to request that the reduced scope be considered. We note that the matter before Council on April 6, 2023 was not a decision about whether the SCC expansion should proceed at all, but rather was focused on determining the scope of the planned renovation.
54. As noted above, the SHF is party to an agreement with the Municipality that allows it “the non-exclusive right to use” the SCC “at no cost when the funds or ends of such potential use are for the benefit of the Municipality”. Rental of the SCC is typically subject to rental fees, which range between $372.90 to rent the entire Centre on Friday or Saturday, to $11.30 to rent the Centre’s ball diamond. In accordance with the Lease Agreement, these rental fees are waived for the SHF, which is a tangible financial benefit. However, the SHF’s free use of the facility is limited to circumstances where “the funds or ends of such potential use are for the benefit of the Municipality”.
55. Taking a broad approach to the interpretation of pecuniary interest, we find that the SHF has a pecuniary interest in the matter considered before Council on April 6, 2023. However, as set out in greater detail below, it is our view that the interest is so remote and insignificant that it
would not reasonably influence the Respondent.
(iii) The SHF’s Pecuniary Interest in the ICIP Grant is Remote and Insignificant
56. The MCIA recognizes a number of circumstances that create exceptions from the requirements of section 5 of the statute when a member may still have a direct, indirect, or deemed pecuniary interest.
57. Among these exceptions are:
(i) pecuniary interests that are “common with electors generally”; and
(ii) interests “so remote or insignificant” as not to be reasonably regarded as likely to influence the member.7
58. The exception in clause 4(j) for an interest in common applies where a matter before a council affects the pecuniary interests of the member in the same manner as others in the
7 Section 4 of the MCIA provides:
Where ss. 5 and 5.2 do not apply
4 Sections 5 and 5.2 do not apply to a pecuniary interest in any matter that a member may
have,
…
(j) by reason of the member having a pecuniary interest which is an interest in common with electors generally; or
(k) by reason only of an interest of the member which is so remote or insignificant in its nature that it cannot reasonably be regarded as likely to influence the member.
Page 10 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
municipality (whether throughout the entire municipality or a more scoped geographic area).8 The interest may vary in degree, but must be the same in kind.9
59. The Respondent submits that she and her family members receive the same benefits from the SCC expansion as any other member of the Municipality. While the Respondent’s submission addresses any allegation of a direct pecuniary interest in the matter of the ICIP expansion, it does
not directly address the issue of the deemed, indirect pecuniary interest that is central to the allegations in the Application.
60. With respect to the SHF’s interest in the SCC expansion, we take guidance from the Ontario
Superior Court in Tolnai v. Downey to conclude that the SHF does not have an interest in common with electors generally. In that case, the Court specifically considered the exception in clause 4(j) in the context of a not-for-profit organization and wrote:
In my view, the fact that a private club does good works does not automatically mean that its interests equates [sic] to the interests of the municipality as a whole, or that members of that club interested in the pursuit of its particular objects have an identity of interest with electors generally. The Kiwanis Club is one of many non-profit organizations in the City of Orillia, each of which has its own objectives and interests. For example, a club may own property and may wish to maximize its zoned uses, and the municipality may well disagree in the interest of the community as a whole. In the pluralistic society of today, this argument cannot be
accepted.10
61. Nevertheless, we do find that section 5 of the MCIA does not apply in this case as the Respondent’s interest in the SCC expansion is so remote or insignificant that it cannot reasonably
be regarded as likely to influence the member under clause 4(k).
62. The test to determine whether clause 4(k) is applicable in a given case was articulated in Whiteley v. Schnurr as follows: “[w]ould a reasonable elector, being apprised of all of the
circumstances, be more likely than not to regard the interest of the councillor as likely to influence that councillor’s action and decision on the question?”11
63. We are mindful of the Court of Appeal’s finding in Ferri v. Ontario (Ministry of Attorney
General) that the analysis under clause 4(k) must focus on the proximity and significance of the councillor’s own pecuniary interest in the context of all circumstances, and cannot simply fix the same level of proximity and significance as the councillor’s family member giving rise to the
deemed interest.12
8 Section 1 of the MCIA defines “interest in common with electors generally” as follows:
a pecuniary interest in common with the electors within the area of jurisdiction and, where
the matter under consideration affects only part of the area of jurisdiction, means a pecuniary interest in common with the electors within that part;
9 Ennismore (Township), Re, [1996] O.J. No. 167, 31 M.P.L.R. (2d) 1 at para. 21 (S.C.J.).
10 Tolnai v. Downey, 2003 CanLII 40120 (ON SC).
11 Whiteley v. Schnurr, [1999] 4 M.P.L.R. (3d) 309 (Ont. S.C.J.) at p. 313.
12 Ferri, supra note 6 at para 15.
Page 11 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
64. Neither the Respondent or her spouse receive any personal financial benefit from the SHF. Moreover, there is no evidence that the SHF’s financial interest in the SCC would be affected
whether the SCC expansion occurred as originally envisioned in 2019, or in its modified form as endorsed by Council on April 6, 2023. On this basis, we cannot conclude that a reasonable elector would regard the interest of the Respondent as likely to influence her decision on the question of
whether the scope of the SCC expansion should be reduced from the previously approved plan.13
65. In our view, it is not appropriate and would be contrary to the intention of the MCIA for our analysis to import an assessment of the Respondent’s actions in 2019 when she participated in
discussions and voted in respect of the original proposal to expand the SCC. In that case, it is likely that the Respondent did, in fact, have a deemed, indirect pecuniary interest and it is possible that she should have declared a pecuniary interest and conducted herself in accordance with the MCIA. However, that matter is not properly before us in the context of this investigation.
66. We find that the Respondent took steps to attempt to comply with her obligations under the MCIA. There is evidence that she resigned her position on the board of the SHF prior to her election in October 2018 and made inquiries about her obligations under the MCIA with municipal staff in response to concerns raised by members of the community prior to the meeting of Council on April 6, 2023. Nonetheless, given the complexity of interpreting the MCIA in these types of situations and in light of her spouse’s continued leadership role with the SHF, it would have been prudent for the Respondent to seek written advice from the Integrity Commissioner on this matter
in accordance with subsection 223.3(2.1) of the Municipal Act, 2001.
67. On the foregoing basis, we conclude that the Respondent did not contravene section 5 of the MCIA by virtue of her deemed indirect pecuniary interest through her spouse’s membership in the SHF pursuant to the exception in clause 4(k) of the MCIA.
(iv) The Respondent Does Not Have a Direct Pecuniary Interest
68. The Application made a secondary allegation that the Respondent has a direct pecuniary
interest in the SCC expansion because her home is located “a few houses away”, a five-minute walk and a one-minute drive away from the SCC. The Application alleges that the SCC expansion would benefit the Respondent’s property value, since the value of a property located in close proximity to a community centre would be greater than a property located in a village without such an amenity.
69. We find that the Respondent does not have a pecuniary interest in the matter that was
before Council on April 6, 2023 that gives rise to a contravention of section 5 of the MCIA.
13 We also note the fourth statutory principle set out in s. 1.1 of the MCIA:
Principles
1.1 The Province of Ontario endorses the following principles in relation to the duties of
members of councils and of local boards under this Act:
…
4. There is a benefit to municipalities and local boards when members have a broad range of knowledge and continue to be active in their own communities, whether in business, in the practice of a profession, in community associations, and otherwise.
Page 12 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
70. As addressed above, the issue being determined by Council was not whether to proceed with the SCC expansion at all, but rather the scope of the expansion. Moreover, the Application
presents insufficient evidence that the Respondent’s interest in the matter would have any real impact on the value of her property, or any impact in a way that is measurably different from any other resident of Straffordville. We note that while the Respondent lives in close proximity to the
SCC, so too do many other residents of Straffordville, which population is relatively concentrated around the town centre. However, the assertion that the SCC expansion would have a financial impact on the Respondent’s residence – without any substantiating evidence – is speculative.
(b) Code of Conduct
71. The Complaint alleges that the Respondent contravened the Code by showing favouritism toward the SHF on several occasions since her election as a member of Council, including by voting in favour of the ICIP Grant in 2019 and voting to surplus and sell a neighbouring community centre in the village of Vienna. The Complaint also alleges that the Respondent contravened the Code by continuing to actively participate with the SHF despite having officially resigned from the organization.
(i) Part 5: General Duties
72. The Complaint and all supporting documents we received do not, on their face, detail any allegations that specifically contravene sections 5.1, 5.2, 5.3 or 5.7 d) of the Code. These sections of the Code set out the duties of members of Council in general terms, and as positive obligations rather than prohibitions.
73. The aforementioned provisions must be interpreted and be applied reasonably and within the context of the entire Code; they cannot be expanded to such a degree or selectively deployed
to make any action or conduct appear in contravention of the Code. It is not appropriate for these general obligations to be elasticized to such a degree to apply to any action that may appear to be transgressive of the Code.
74. Section 5.1 of the Code imposes a duty on all members of Council to abide by all applicable legislation, policies and procedures pertaining to their position. The Complaint does not reference any specific legislation, policy or procedure that the Respondent is alleged to have contravened,
though the accompanying Application does of course reference the MCIA. Our analysis regarding the MCIA is set out above. In the absence of a specific alleged contravention of any other applicable legislation, policy or procedure, we find that there are no grounds to sustain this portion of the Complaint.
75. Section 5.2 of the Code requires members to “serve and be seen to serve their constituents in a conscientious and diligent manner” at all times. These words must be read in their entirety, and cannot be parsed into individual components. Conscientiousness and diligence entail conduct which shows a high degree of care for and thoroughness in carrying out one’s duties. By contrast, conduct which is careless, indiscrete, or thoughtless may contravene this general obligation.
76. In our view, the Respondent’s conduct in respect of her historic and continuing connections with the SHF do not amount to careless, indiscrete of thoughtless conduct. While some
constituents may be displeased with the Respondent’s voting history in respect of the SCC, there is no reason to suggest the Respondent took action which was careless or indiscrete in serving residents of her Ward or the electors of the Municipality generally. On that basis, we conclude
that the Respondent did not contravene Section 5.2 of the Code.
Page 13 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
77. Section 5.3 of the Code requires members to “conduct their dealings with each other” in ways that “maintain public confidence in the position to which they have been elected”. The
Complaint does not contain any allegation that the Respondent’s conduct vis-à-vis other members of Council failed to maintain public confidence in her role as a member of Council. Accordingly, we find that there are no grounds to sustain this portion of the Complaint.
78. Section 5.7 d) of the Code requires members of Council, in accordance with the Municipal
Act, 2001 and the MCIA, to “exercise his or her power and discharge his or her official duties” in accordance with a number of “guiding principles”, including to “truly, faithfully and impartially
exercise his or her office to the best of his or her knowledge and ability”.
79. As a “guiding principle”, we have taken care to consider this section of the Code in our analysis of the alleged contraventions. We take note that the Respondent took steps to attempt to avoid a conflict of interest or the appearance of a conflict of interest by resigning her position as a director of SHF prior to being elected as a member of Council in 2018. We also note that the Respondent sought advice from a member of municipal staff about whether a conflict existed in respect of the SCC expansion when concerns were raised by members of the community. Conversely, the Code provides in section 6.4 that members may seek guidance from either the integrity commissioner or seek independent legal advice on specific questions of individual compliance with the MCIA. The MCIA imposes a personal obligation on all members to comply with the duties in sections 5, 5.1 and 5.2. Given the complexity of the MCIA analysis in this case
and her spouse’s continued involvement with the SHF, it would have been prudent for the Respondent to seek legal advice regarding her obligations under the MCIA.
80. Taking in account all of the facts in this case, on a balance of probabilities, we do not find that the Respondent’s actions give rise to a contravention of section 5.7 d) of the Code.
(ii) Sections 6.1 to 6.3
81. Part 6 of the Code pertains to conflicts of interest. Section 6.1 imposes a strict obligation on
members of Council to take certain steps when they have a “direct or indirect pecuniary interest” in a matter that is before Council. Section 6.2 of the Code requires members to take the steps outlined in section 6.1 “to ensure avoidance of any conflict of interests” in connection with carrying out the obligations of the member’s office. Unlike Section 6.1, Section 6.2 does not specify that the conflicts of interest extend beyond direct or indirect pecuniary interests. Similarly, Section 6.3 and the referenced declaration form in Appendix D do not specify that the “conflict of interest” is
limited to a pecuniary conflict of interest captured by the MCIA. Conflict of interest is not otherwise defined in the Code.
82. Where a pecuniary conflict of interest is alleged, we are bound to consider the provisions of the MCIA. That statue represents a “complete code” for dealing with pecuniary conflicts of interests.14 The Code adopts the obligations under the MCIA as ethical duties. As the obligations under the MCIA are separately considered and enforced by an Integrity Commissioner, there can be no separate and distinct analysis of pecuniary interests in the context of Code provisions such as those found in Part 6 of the Code. To do otherwise creates the potential for inconsistences in
the conduct of members of Council and could result in unwieldy and divergent results. In our view, this also extends to the consideration of alleged conflicts of interest that occurred outside of the six week window for applications that is specified in section 8 of the MCIA.
14 See, for example, Ruffolo v. Jackson (2010), 71 M.P.L.R. (4th) 43, at para. 14 (Ont. C.A.).
Page 14 Code of Conduct Complaint 2023-02 MCIA Application 2023-01
83. To this end, we adopt and commend our findings regarding the alleged contravention of the MCIA outlined above. For the reasons stated therein, we find that the Councillor has not
contravened Sections 6.1 to 6.3 of the Code.15
VIII. CONCLUSIONS
84. The Respondent did not breach her obligations under the MCIA regarding pecuniary
interests. We will accordingly not be making an application to a judge pursuant to section 8 of the MCIA. We provided notice of our decision to the Complainant on October 11, 2023.
85. We also find that the Respondent did not contravene Sections 5 and 6 of the Code.
86. Given that there has been no finding of a contravention under the Code, we do not recommend that Council impose any penalty or remedial measure.
87. Subsection 223.4.1 of the Municipal Act, 2001 provides that, upon completion of an inquiry, the Integrity Commissioner may, if the Integrity Commissioner considers it appropriate, apply to a judge under section 8 of the MCIA for a determination of whether the member has contravened section 5, 5.1 or 5.2 (and now 5.3) of that Act.
88. For the reasons set out above, we will not be making an application to a judge pursuant to subsection 223.4.1(15) of the Municipal Act, 2001.
89. Going forward, we recommend that the Respondent and all members of Council exercise caution as to their statutory obligations under the MCIA which arise anew any time a matter may come before Council, a committee of Council or municipal staff for decisions or recommendations.
Members are statutorily entitled to submit specific requests to the Integrity Commissioner for written advice under the MCIA (as well as the Code) pursuant to subsection 223.3(2.1) of the Municipal Act, 2001.
90. This Report has been prepared for and is forwarded to Council for its consideration pursuant to section 9.2 of the Integrity Commissioner Protocol.
91. Subsections 223.4.1(17) and 223.6(2) of the Municipal Act, 2001 provide that this Report is
to be made public.
Respectfully submitted,
AIRD & BERLIS LLP
Meaghan Barrett Integrity Commissioner for The Corporation of the Municipality of Bayham
Dated this 11th day of October, 2023
15 Moreover, as noted above under our analysis of the MCIA and as set out in Footnote 13, we take guidance from the s. 1.1 of the MCIA which expressly recognizes that there is a benefit to municipalities when members continue to be active in their own communities and have various associations.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SPECIAL COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Tuesday, October 3, 2023 6:30 p.m.
The October 3, 2023 Special Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS TIMOTHY EMERSON *via Zoom
DAN FROESE SUSAN CHILCOTT
STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT
TREASURER LORNE JAMES MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS *via Zoom MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON FIRE CHIEF HARRY BARANIK 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 6:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared. 3. 2024 – 2033 CAPITAL BUDGET - DRAFT
The Council Meeting recessed for a break at 7:30 pm and resumed at 7:38 pm.
A. Report TR-14/23 by Lorne James, Treasurer re 2024-2033 Capital Budget – Draft
Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report TR-14/23 re 2024-2033 Capital Budget - Draft be received for information; AND THAT staff be directed to begin the procurement process for Capital Item No. FD-05;
AND THAT staff be directed to report to Council further on Capital Item Nos. FD-06, PW-35, and PW-29;
AND THAT Council approve in principle the 2024-2033 Capital Budget with amending Capital Item No. W-03 to be $17,500 and Capital Item No. PR-03 to be moved to 2024 from 2026. CARRIED Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT staff investigate and report back to Council on the cost and funding mechanisms
for a cross walk on Plank Road across from the Straffordville Public School. CARRIED
4. BY-LAW
A. By-law No. 2023-074 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-074 be read a first, second and third time and finally
passed. CARRIED 5. ADJOURNMENT Moved by: Councillor Froese
Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 8:56 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, October 5, 2023 7:00 p.m. The October 5, 2023 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube.
PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS DAN FROESE *via Zoom SUSAN CHILCOTT ABSENT:
COUNCILLORS TIMOTHY EMERSON STAFF PRESENT:
CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL
FIRE CHIEF HARRY BARANIK BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER PLANNING CONSULTANT CHRISTIAN TSIMENIDIS *via Zoom
PLANNING CONSULTANT DOUGLAS STEWART *via Zoom 1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:03 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 12.2 A Report DS-56/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Consent Application E71-23, 10000381098 Ontario Inc. 9 & 11 Oak Street 12.2 B Report DS-57/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Rezoning Application ZBA-11/23 Shaw & Shipway, 10465 Plank Road 12.2 C Report DS-58/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re
Official Plan Amendment No. 34 More Home Built Faster Act, 2022 (Bill 23) 14. C By-law No. 2023-077 Being a by-law to adopt Official Plan Amendment No. 34
Council Minutes October 5, 2023
2
4. ANNOUNCEMENTS Deputy Mayor Weisler wished everyone a Happy Thanksgiving.
Mayor Ketchabaw noted that it is Ontario Agricultural Week. CAO Thomas Thayer reminded residents that with it being Thanksgiving, the Municipal Office
will be closed on Monday. Clerk Meagan Elliott reminded residents that the registration deadline for the October 16th bulk garbage pick-up is Tuesday, October 10th.
5. PRESENTATIONS 6. DELEGATIONS
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Council Meeting held September 21, 2023 B. Planning Public Meeting held September 21, 2023
C. Drainage Court of Revision Meeting held September 21, 2023
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT the minutes of the Regular Council Meeting, Planning Public Meeting and Drainage Court of Revision Meeting held September 21, 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
Council Minutes October 5, 2023
3
A. Report FR-04/23 by Harry Baranik, Fire Chief re Fire Prevention Week October 8-14,
2023
Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT Report FR-04/23 re Fire Prevention Week: October 8-14, 2023 be received for information.
CARRIED
B. Report BL-06/23 by Stephen Miller, By-Law Enforcement Officer re Zoning By-law
Enforcement Policy
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report BL-06/23 re Zoning By-law Enforcement Policy be received for information; AND THAT Council approve the attached Zoning Enforcement Policy as presented; AND THAT the appropriate adopting by-law be brought forward for Council’s
consideration. CARRIED
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Passing re Zoning By-law Amendment ZBA-10/23 Froese B. Notice of Decision re Minor Variance Application A-09/23 Wall Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT items 12.1.1 A & B be received for information. CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-56/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Consent Application E71-23, 1000381098 Ontario Inc. 9 & 11 Oak Street
Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler
Council Minutes October 5, 2023
4
THAT Report DS-56/23 regarding Consent Application E71-23 submitted by 1000381098 Ontario Inc, be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Applications E71-23 be granted subject to the following conditions and considerations:
1. That the Owner provides an engineered grading and storm water management plan for each parcel to demonstrate that each will drain properly with no negative impacts on the neighbouring lands or the street, all to the satisfaction of the Municipality 2. Cash-in-lieu of Parkland fee payable to the Municipality as required in Municipal By-law No. 2020-053 3. Planning Report fee payable to the Municipality 4. Provide a digital copy of the registered plan of survey CARRIED B. Report DS-57/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/23 Shaw & Shipway, 10465 Plank Road
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott
THAT Report DS-57/23 regarding the Charles Shaw and Debbie Shipway rezoning
application ZBA-11/23 be received for information;
AND THAT Council defers the requested Zoning By-law Amendment application for the following reasons: a) In order to address conformity with Official Plan Policy 2.1.2.2(a), the applicant shall provide an MDS II Report/Analysis prepared by a qualified professional. b) In order to address conformity with Official Plan Policy 2.1.2.3, the applicant shall confirm that the proposed buildings used for the housing of livestock or storage of manure and including the construction of an earthen manure storage facility does not exceed 5 nutrient units. Should the proposed use exceed 5 nutrient units, the applicant shall provide a Nutrient Management Strategy prepared by a
qualified professional. c) That the applicant consult with the LPRCA to determine whether the proposed
accessory structures fall within the regulation limits of the Conservation Authority and would require written permission and/or permit from the LPRCA.
CARRIED
Council Minutes October 5, 2023
5
C. Report DS-58/23 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Official
Plan Amendment No. 34 More Home Built Faster Act, 2022 (Bill 23) Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT Report DS-58/23 regarding Official Plan Amendment No. 34 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 August 17, 2023 regarding More Homes Built Faster Act, 2022 (Bill 23) changes; AND THAT the proposed amendment is consistent with the Provincial Policy Statement 2020 and the Elgin County Official Plan; AND THAT By-law No. 2023-077, as amended, being an adopting By-law for Official Plan Amendment No. 34 regarding consistency and conformity to the Planning Act as a result of recent Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23), be presented for enactment; AND THAT adopted Official Plan Amendment No. 34 be forwarded to the County of Elgin for approval.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Town of Midland re Catch and Release Justice B. City of Hamilton re Support for Basic Income C. City of Cambridge re Declaring Intimate Partner Violence an Epidemic D. City of Quinte West re Support for Municipality of Wawa Resolution re Chronic Pain Treatments
E. Township of Montague re Request to Review MFIPPA F. Township of Puslinch re Request to Review MFIPPA G. County of Elgin re September 12, 2023 County Council Highlights
H. County of Elgin re September 26, 2023 County Council Highlights
Council Minutes October 5, 2023
6
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott THAT items 13.1.1 A – H be received for information.
CARRIED 13.1.2 Requiring Action
A. Otter Valley Naturalists re Initiative to Plant a Native Host Plant and Pollinators Garden Moved by: Councillor Froese Seconded by: Deputy Mayor Weisler THAT the correspondence from the Otter Valley Naturalists (OVN) re Initiative to Plant a Native Host Plant and Pollinators Garden be received for information; AND THAT Council for the Corporation of the Municipality of Bayham approves the request from the OVN to establish and maintain a pollinator garden on the grounds of the Straffordville Library, to the north of the Straffordville Library; AND THAT staff be directed to work with the OVN for proper placement of the garden and signage to the satisfaction of the Municipality;
AND THAT the OVN provide proof of insurance, consistent with Municipal standards for same, for use of the grounds as identified.
CARRIED 13.2 Reports to Council A. Report CAO-51/23 by Thomas Thayer, CAO re Housing Affordability Task Force Recommendations Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Report CAO-51/23 re Housing Affordability Task Force Recommendations received for information; AND THAT the Council of The Corporation of the Municipality of Bayham directs Mayor Ketchabaw to submit the recommendations attached as Attachment No. 4 to this Report to the Ministry of Municipal Affairs and Housing (MMAH) in advance of the October 16,
2023 deadline. CARRIED
B. Report CAO-52/23 by Thomas Thayer, CAO re Council Appointment – Elgin County Business Retention and Expansion Leadership Team
Council Minutes October 5, 2023
7
Moved by: Councillor Chilcott
Seconded by: Councillor Froese THAT Report CAO-52/23 re Council Appointment – Elgin County Business Retention
and Expansion Leadership Team be received for information;
AND THAT Council appoint Mayor Ketchabaw as Bayham’s representative to sit on the
Elgin County Business Retention and Expansion Leadership Team. CARRIED 14. BY-LAWS A. By-law No. 2023-065 Being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hampton Municipal Drain Improvements B. By-law No. 2023-075 Being a by-law to adopt a zoning enforcement policy
C. By-law No. 2023-077 Being a by-law to adopt Official Plan Amendment No. 34
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT By-law No. 2023-065 be read a third time and finally passed;
AND THAT By-law Nos. 2023-075 and 2023-077 as amended, 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. 2023-076 Being a by-law to confirm all actions of Council
Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott THAT Confirming By-law No. 2023-076 be read a first, second and third time and finally passed.
CARRIED
Council Minutes October 5, 2023
8
ADJOURNMENT
Moved by: Councillor Froese Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 8:32 p.m.
CARRIED
MAYOR CLERK
REPORT
MUNICIPAL LAW
ENFORCEMENT
TO: Mayor & Members of Council
FROM: Stephen Miller, By-Law Enforcement Officer
DATE: October 19, 2023
REPORT: BL-07/23 SUBJECT: THIRD-PARTY BY-LAW ENFORCEMENT – TENET SECURITY
BACKGROUND
At its September 1, 2022 meeting, Council received Report CAO-44/22 re Third-Party By-law Enforcement Services. The Report outlined the need for third-party by-law enforcement support due to the unforeseen shuttering of MEU Consulting. Council passed the following motion: Moved by: Councillor Donnell
Seconded by: Councillor Chilcott THAT Report CAO-44/22 re Third Party By-law Enforcement Services be received for
information; AND THAT staff bring forward an Agreement between the Municipality of Bayham and
Tenet Security Group regarding third-party by-law enforcement services for Council’s review.
The Agreement was adopted by By-law No. 2022-078 at the December 15, 2022 meeting. On January 19, 2023, Council by way of resolution, entered into a Shared Services
Memorandum of Understanding (MOU) with the Township of Malahide, which includes the provisions of a dedicated By-law Enforcement Officer (BLEO) with the Municipality of Bayham who also is appointed to provide By-law Enforcement services in the Township of Malahide, and administer any third-party by-law enforcement services contract. This MOU was adopted by By-law No. 2023-003. On June 15, 2023, Council received Report CAO-36/23 re Contract Extension / Amendment – Tenet Security Group – Third-Party By-law Enforcement Services, and passed the following motion:
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson THAT Report CAO-36/23 re Contract Extension / Amendment – Tenet Security Group – Third-Party By-law Enforcement Services be received for information; AND THAT Council approve a six-month extension of the Agreement with Tenet Security Group – Third-Party By-law Enforcement Services, with additional language to incorporate service provision to the Township of Malahide in accordance with the Shared Services Memorandum of Understanding; AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration. On July 10, 2023, Stephen Miller commenced his role as BLEO, jointly appointed to the
Municipality of Bayham and Township of Malahide. The By-law Enforcement Officer has been working diligently to address outstanding files and remedy by-law contraventions by obtaining voluntary compliance through education and collaboration.
DISCUSSION
During the first three months of tenure, the BLEO has been utilizing Tenet Security Group (Tenet) to provide select off-hours and weekend by-law enforcement coverage, particularly with respect to the Port Burwell East Beach. However, now that the East Beach is outside of peak tourism season, the need for third-party support as diminished. Additionally, by-law enforcement services has seen a positive uptick in its closure rate, as evidenced below, with a number of outstanding files well into the voluntary compliance process. By-law Enforcement statistics are as follows: Bayham Complaints: 68 Resolved: 58 Closure Rate: 85%
Malahide
Complaints: 29 Resolved: 17 Closure Rate: 58%
Combined Complaints: 97 Total Resolved: 78
Overall Closure Rate: 77% It is important to note that the above numbers reflect complaints received and resolved by the
BLEO as well as items passed on from the Fire Chief or Tenet Security. From July 10, 2023 to October 13, 2023, Tenet Security did not close any outstanding files, although they did provide
proactive area and beach patrols. Based on the above noted statistics, staff believe there is no need to incur costs associated with third-party by-law enforcement services moving forward. There may, however, be a seasonal opportunity for additional services. Staff are currently reviewing options for this approach. To date, staff have taken steps to decrease the number of third-party serviceable hours as permitted in the Agreement to zero. It is expected that this will save Bayham approximately $7,000 over the balance of 2023, and will allow staff to reduce the budgeted By-law expenditures in 2024 accordingly. Staff recommend allowing the six-month extension of the Tenet Agreement to lapse, effective December 31, 2023. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the
community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report BL-07/23 re Third-Party By-law Enforcement – Tenet Security be received; 2. AND THAT Council support allowing the six-month extension with Tenet Security Group to expire, effective December 31, 2023.
Respectfully submitted: Reviewed by: Stephen Miller, MLEO (c), GDPA, Thomas Thayer, CMO, AOMC Licensed Paralegal LSO By-Law Enforcement Officer Chief Administrative Officer
PLANNING ACT NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 34 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: THE MUNICIPALITY OF BAYHAM TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed
By-Law No. 2023-077 on the 5th day of October 2023 in accordance with Section 17 of the
PLANNING ACT.
THE PURPOSE of the Official Plan Amendment is to amend the Municipality of Bayham
Official Plan to ensure consistency/conformity to the Planning Act as a result of recent
Provincial legislative changes included in the More Homes Built Faster Act, 2022 (Bill 23).
The following Sections of the Official Plan require amendment:
Section 4.7 Second Dwelling Units / Additional Residential Units – permit up to 2
additional residential units and remove restrictions on Additional Residential Units
Section 2.1.12 Second Dwelling Units / Additional Residential Units Agriculture –
permit up to 1 additional residential unit in accordance with Section 4.7.1
Section 8.6.1.3 Plan of Subdivision - Public Meeting requirement removed
Section 8.17 Site Plan Control – 10 or less residential units would not require Site
Plan Approval
Section 8.18.1 cash-in-lieu of Parkland – change dedication rates
The Amendments also facilitate associated amendments to the Municipality of Bayham
Zoning By-law, Parkland Dedication By-law and Site Plan Control By-law.
THE EFFECT of this Official Plan Amendment will be to amend the Official Plan of the
Municipality of Bayham as follows:
Section 4.7 of the Official Plan of the Municipality of Bayham is amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”;
Section 4.7.1 of the Official Plan of the Municipality of Bayham is amended by replacing the title with “ADDITIONAL RESIDENTIAL UNITS”;
Section 4.7.1 of the Official Plan of the Municipality of Bayham is amended by
o replacing “one (1) second residential dwelling” with “two (2) additional residential units” in the second paragraph;
o replacing “Second” with “Additional” in the first and second paragraph;
o replacing “generally be less than 10% floor area increase, maintaining” with “maintain” and adding “where possible” in Subsection a); and,
o replacing the entire Subsection c) with the following “The additional residential unit shall be incidental to the primary permitted residential use
and can be located within the primary residential building or an ancillary structure in accordance to the Planning Act, as amended.”
Section 2.1.12 of the Official Plan of the Municipality of Bayham is amended by
replacing the title with “ADDITIONAL RESIDENTIAL UNITS AGRICULTURE” and replacing “Second Dwelling” with “Additional Residential”;
Section 8.6.1.3 of the Official Plan of the Municipality of Bayham is amended by deleting Section 8.6.1.3;
Section 8.17.1.2 of the Official Plan of the Municipality of Bayham is amended by
adding “, where 11 or more residential units are proposed” at the end of the first sentence;
Section 8.17.1.3 of the Official Plan of the Municipality of Bayham is amended by replacing “regardless of the number of dwelling units in a residential building or
use subject to this policy” with “where site plan control is required”;
Section 8.17.1.4 – of the Official Plan of the Municipality of Bayham is hereby amended by removing “regardless of the number of dwelling units contained therein” with “where 11 or more units are proposed”; and,
Section 8.18.1 of the Official Plan of the Municipality of Bayham is amended by
replacing “300” with “600” and adding “at a maximum rate of 1 hectare per 1,000 units”
THE COMPLETE By-law 2023-Z760 and Official Plan Amendment No. 34 is available for
inspection on the Bayham Municipal website: www.bayham.on.ca or by contacting the
Municipal office (contact information below).
ANY PERSON or public body is entitled to receive notice of the decision of the approval
authority if a written request to be notified of the decision is made to the approval authority,
namely the County of Elgin, County Administration Building, 450 Sunset Drive, St.
Thomas, Ontario, Attention: Manager of Planning.
The official plan amendment is not exempt from approval under subsection 17(9) or (10)
of the Act.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 6TH DAY OF OCTOBER 2023.
Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca
ZBA-12/23 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: BONNEFIELD FARMLAND ONTARIO IV INC.
LOCATION: 55314 JACKSON LINE
TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-12/23).
AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 2nd, 2023, at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel
THE PURPOSE of this By-law Amendment is to rezone two portions of the subject lands as a
result of a surplus farm dwelling severance, in Zoning By-law Z456-2003. The proposed severed lot is to be rezoned from ‘Agricultural (A1-A)’ to a site-specific ‘Rural Residential (RR-xx)’ zone to permit residential use and an oversized accessory building, and prohibit the keeping of livestock
in the retained barn. The proposed retained lot is to be rezoned from ‘A1-A’ to ‘Special Agricultural (A2)’ zone to prohibit new dwellings. The subject lands are known as 55314 Jackson Line, north side and west of Plank Road
THE EFFECT of this By-law will be to recognize the residential nature of the newly created residential lot and to prohibit new dwellings on the retained farm parcel in accordance to the Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file number E40-23.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments are to be submitted before 12:00 Noon on Wednesday, October 25, 2023 to munderhill@bayham.on.ca or at the municipal office to be included in the zoning public meeting agenda.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal.
IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or
public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so.
IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written
request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office.
Dated at the Municipality of Bayham this 13th day of October 2023. 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
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: October 19, 2023
REPORT: DR-06/23 SUBJECT: 3rd QUARTER DRAINAGE REPORT
BACKGROUND:
This Report is to inform Council of Q3 2023 current ongoing and completed-to-date drainage
activities.
DISCUSSION:
Drainage works regarding Q3 2023 new drains and drain maintenance are outlined below: New Drains: Drain Name Status
Hampton Drain Court of Revision has taken place. Appeal period has passed. By-law given 3rd and final reading. RFT issued and closed, ready for award.
New Drain – Peters Drain Extension Engineer review and assessment ongoing through Spriet Associates as directed by Council. Spriet is awaiting on landowner design to complete preliminary design.
New Drain- OBAR Extension to Branch C of the Eden Drain. Site meeting has been completed (Sept. 11) Engineer working on report.
New Drain- VanQuaethum Extension Plank Road. Site meeting has been completed (Aug. 15) Engineer working on report.
Drain Maintenance:
Drain Name Status
Nevill Drain Two sinkholes were identified and have now been repaired.
Pollick Drain Catch basin at road not draining - Contractor has snaked 500 ft. no blockage found Discovered height of water in downstream pond may be causing water to be backed up.
Pond is not identified with in the report and staff are awaiting information from property owner. Waiting on fields to dry up for further investigation. CC Dance will be onsite to do investigate issues for the second time. Ramsey Drain
Caller informed that the pipe was not taking the water. Inspected drain open ditch 75% silted in. Will be sending notice for maintenance. Eden Branch C Tile backed up due to sewer install this has now been fixed. Homeowner to pay the bill, completed by VanGorp
Eden Branch C Washout around basin due to gap around
pipe. This has been repaired.
Crossitt Drain Sink Hole in yard - Completed Aug. 15 2023
Fasseel Drain Brushing Maintenance - Complete
Friesen Drain Brushing and bottom clean-out - Complete Winter Drain Brushing and bottom clean-out - Complete Norfolk-Bayham Town Line Drain Brushing and bottom clean-out - Complete Jacko Drain Brushing and bottom clean-out - Complete
Coyle Drain Brushing and bottom clean-out - Complete
STRATEGIC PLAN
Not applicable. RECOMMENDATION 1. THAT Report DR-06/23 re 3rd Quarter Drainage Report be received for information.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: October 19, 2023
REPORT: DR-07/23 SUBJECT: PETITION FOR DRAINAGE – FRANK WALL 1985763 ONTARIO INC. – 8341
SANDYTOWN ROAD
BACKGROUND
This Report is to present Council the Petition filed with the Clerk of the Municipality of Bayham
on October 4, 2023. The petition is signed by Frank Wall on behalf of 1985763 Ontario Inc, and
is for drainage works for lands owned by 1985763 Ontario, known as CON NTR Lot 123 in the
Municipality of Bayham. This land is situated on West side of Sandytown Road and has a North
property face on Stewart Road.
Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director.
The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days.
It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the “area requiring drainage”. Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the “on-site meeting”
to determine the validity of the petition.
If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment.
Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an “on-site meeting”. The notice must be served seven (7) days prior to the proposed site meeting.
DISCUSSION
Frank Wall is in the process of creating 39 building lots on the subject parcel. The property is
located on the West side of Sandytown Road and continues around the recently developed
properties on Sandytown Road to a North facing lot line on Stewart Road. A new outlet will more
than likely have to be created as current drainage infrastructure on Stewart Road is undersized
for this size development. Decision would come from the municipal drainage engineer’s
direction on basis of an on-site meeting.
It is staff recommendation, if to proceed with the petition, to retain Spriets Associates Ltd. as the
municipal drainage engineer to move forward with this petition.
STRATEGIC PLAN
Not applicable.
RECOMMENDATION
1. THAT Report DR-07/23 re Petition for Drainage – Frank Wall 1985763 Ontario Inc. – 8341 Sandytown Road be received;
2. AND THAT the Council of The Corporation of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Frank Wall; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates Ltd., Engineers, to prepare a report on the proposed drainage area
pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council’s consideration.
Respectfully Submitted by: Reviewed by:
Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DRAINAGE
TO: Mayor & Members of Council
FROM: Steve Adams, Manager of Public Works|Drainage Superintendent
DATE: October 19, 2023
REPORT: DR-08/23 SUBJECT: HAMPTON DRAIN IMPROVEMENTS CONTRACT AWARD
BACKGROUND
The purpose of this Report is to recommend the acceptance of the lowest compliant tender bid for the provision of drainage works for the Hampton Drain Improvements.
At its October 5, 2023 meeting, Council gave the third and final reading to By-law No. 2023-065 that provides for the construction of the Hampton Municipal Drain.
The estimated cost of construction as per Spriet Associates Engineer’s Report No. 220242 is $272,000.00+HST.
Tender forms were prepared by Spriet Associates. The tender invite notice provided for a closing date of October 10, 2023 at 1 pm. The following tenders were received by closing: 1. Van Bree Drainage (received Tender Form and a Bid Bond in the amount of 10% total tender price) tender in the amount of $242,970.00+HST to commence work on or before November 13, 2023 and to complete work on or before May 31, 2024. 2. Robinson Farm Drainage Limited (received Tender Form and Certified Cheque in the amount of $26,577.60) tender in the amount of $235,200.00+HST to commence work on or before December 5, 2023 and to complete work on or before May 30, 2024. 3. Cassidy Construction (received Tender Form and Bid Bond in the amount of 10% of Tender price) tender in the amount of $253,729.30+HST to commence work on
or before November 13, 2023 and to complete work on or before May 1, 2024. 4. Froese Excavating (received Tender Form and Certified Cheque in the amount of
$26,878.84) tender in the amount of $237,865.87+HST to commence work on or before January 3, 2024 and to complete work on or before March 4, 2024. 5. P.B.R Excavating Inc. (received Tender Form and Certified Cheque in the amount of $23,068.84) tender in the amount of $204,149.00+HST to commence work on or before October 30, 2023 and to complete work on or before November 30, 2024.
DISCUSSION
The Engineer’s estimated cost for construction of the works as contained within the report is $272,000.00. Section 59(1) of the Drainage Act states that where the contract price exceeds 133% of the engineer’s estimate of the contract price, Council of the initiating municipality is required to call a meeting to deal with the necessary modifications. The lowest tender bid amount was $204,149.00+HST, which is under 133% of the Engineers estimate; therefore, the tender of the lowest compliant bidder can be accepted. STRATEGIC PLAN
Not applicable.
RECOMMENDATION 1. THAT Report DR-08/23 re Hampton Drain Improvements Contract Award be received for information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham accepts the tender for the Hampton Drain Improvements, as submitted by P.B.R. Excavating Inc. in the amount of $204,149.00+HST, with work to commence on or before October 30, 2023 and be completed on or before November 30, 2023;
3. AND THAT a by-law to authorize the execution of contract documents with P.B.R. Excavating Inc. be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Scott Sutherland, Chief Building Official
DATE: October 19, 2023
REPORT: DS-55/23 SUBJECT: 3RD QUARTER REPORT
BACKGROUND
The purpose of this Report is to inform Council of the activities of Building Services for the second quarter of the year for 2023.
DISCUSSION:
Building Services: The summary of building permits issued in the third quarter is as listed in the chart below:
Year 2023 2022 2021
No. permits issued 20 48 47
Permit fees $22,919 $56,028 $55,736 Construction Value $3,033,800 $10,675,000 $5,954,805 Houses 5 14 10 Farm Buildings 0 2 1
Other 15 32 36
Q3 2023 building statistics are well down from the previous two Q3s provided in the above chart for comparison purposes. From Q3 2022, the number of permits issued, Permit Fees, and Construction Value are all down approximately 60 percent or more. This is indicative of continued pressure on the building industry due to inflation and interest rates impacting building projects. No commercial or industrial permits were issued in Q3 2023.
STRATEGIC PLAN
Not applicable. RECOMMENDATION 1. THAT Staff Report DS-55/23 re 3rd Quarter Report be received for information.
Respectfully Submitted by: Scott Sutherland, CBCO Chief Building Official
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator
DATE: October 19, 2023
REPORT: DS-59/23 FILE NO. C-07/ D07.ALGAR
Roll # 3401-000-008-00700
SUBJECT: Official Plan Amendment OPA-04/23, Official Plan Amendment No. 35
Algar Farms Ltd., 53921 Nova Scotia Line
BACKGROUND
Official Plan Amendment application was submitted by Kimberly Mulder, Appointed Agent, on behalf of Algar Farms Ltd. proposing a site-specific official plan amendment on lands located on the south side of Nova Scotia Line, east of Richmond Road, Concession 1 Lot 3 known municipally as 53921 Nova Scotia
Line. The subject lands are designated “Agriculture”, “Natural Gas Reservoir” on Schedule A1: Land Use in the
Municipality of Bayham Official Plan. The lands are zoned Agricultural (A1) on Schedule A Map No. 13 of the Municipality of Bayham Zoning By-law No. Z456-2003.
The purpose of the Official Plan Amendment is to add a new site-specific sub-section to permit the severance of an existing dwelling made surplus through farm consolidation that does not conform to policy Section 2.1.7.1. The effect of this Official Plan Amendment will be to permit the severance of a surplus farm dwelling from a farm parcel where the owner does not own another dwelling within the Municipality of Bayham.
PUBLIC PARTICIPATION The Notice of Public Meeting was circulated as required by the Planning Act. The public meeting was held on September 21, 2023 in the Council Chambers, 56169 Heritage Line, in Straffordville. There were no presentations and no oral or written public submissions. DISCUSSION Bayham’s OP Section 2.1.7.1 requires a minimum of one (1) dwelling to be owned by the farm operation within the municipality. Algar Farms owns ten properties in the Township of Malahide, three of which have homes on them with the primary farm located at 52892 Vienna Line with two dwellings.
DS-59/23 Algar Farms 2
The attached municipal planner’s memorandum, dated October 3, 2023, provides the details and
rationale for the recommendation to adopt Official Plan Amendment No. 35. The draft OPA is attached to this Report for consideration. Should Council adopt the OPA, it will then be forwarded to the approval authority, County of Elgin, for consideration.
STRATEGIC PLAN Not Applicable. APPENDICES 1. OPA-04/23 Official Plan Amendment Application 2. Arcadis Memorandum, dated October 3, 2023 3. Draft By-law No. 2023-078 Official Plan Amendment No. 35 RECOMMENDATION
THAT Staff Report DS-59/23 regarding the Official Plan Amendment Application OPA-04/23 submitted by Algar Farms Ltd. 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 September 21, 2023 associated with this application, there were no presentations and no oral or written public submissions and that all considerations were taken into account in Council’s decision passing this resolution; AND THAT Council considers the proposed amendment to add a site-specific text section to the
Official Plan to be consistent with the Provincial Policy Statement 2020, and in conformity to the Elgin County Official Plan, and the Municipality of Bayham Official Plan; AND THAT By-law No. 2023-078 being an adopting By-law for Official Plan Amendment No. 35, for the purpose of adding a new site-specific sub-section to permit the severance of an existing dwelling made surplus through farm consolidation that does not conform to policy Section 2.1.7.1
which requires a dwelling to be owned by the farm operation within the Bayham municipal boundary in the Official Plan of the Municipality of Bayham, be presented for enactment; AND THAT adopted Official Plan Amendment No. 35 be forwarded to the County of Elgin for approval. Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
101-410 Albert Street Waterloo, ON, N2L 3V3 www.arcadis.com
Memorandum
To/Attention Municipality of Bayham Date October 3, 2023
From Christian Tsimenidis, BES Project No 3404 - 913
cc William Pol, MCIP, RPP
Subject Official Plan Amendment Application - Algar Farms Ltd. for lands located at 53921 Nova Scotia Line
_______________________________________________________________
1. The Municipality of Bayham has received Official Plan Amendment Application OPA
04-23 from Kimberly Mulder on behalf of Algar Farms Ltd. (hereafter referred to as
the “Owner”) to add a new site-specific sub-section to permit the severance of an
existing dwelling made surplus through farm consolidation that does not conform to
policy Section 2.1.7.1 which requires a minimum of one dwelling to be owned by the
farm operation within the Bayham municipal boundary.
Site Context and Proposed Use
2. The subject lands are located on the south side of Nova Scotia Line, east of
Richmond Road and west of Saxon Road. The lands are known as Concession 1,
Part of Lot 3 and known municipally as 53921 Nova Scotia Line. The subject lands
have a lot frontage of 211.3 metres (693.2 feet) onto Nova Scotia Line, with an
average lot depth of 974.6 metres (3,197.5 feet). The subject lands are
characterized by a single detached dwelling and accessory structure, as well as two
wind turbines at the rear of the lot.
3. The subject lands are designated as ‘Agriculture’ and ‘Natural Gas Reservoir’ on
Schedule A1: Land Use in the Municipality of Bayham Official Plan (Bayham OP).
The lands are zoned as A1 on Schedule A Map No. 13 of the Municipality of Bayham
Zoning By-law No. Z456-2003. The surrounding uses are agricultural in all
directions.
4. The proposal is to facilitate the severance of a surplus farm dwelling by way of
Consent to create a new residential lot comprising the residential dwelling and the
accessory structure. The dimensions of the proposed residential lot include a lot
frontage of approximately 71 metres (232.9 feet), a lot depth of approximately 60
metres (196.9 feet), and a lot area of 4,055.7 square metres (1 acre). There is an
existing gravel driveway that connects the property to be severed to Nova Scotia
Line, as well as a gravel driveway abutting the eastern property line that provides
access from Nova Scotia Line to the wind turbines.
Public Comments
5. A statutory Public Meeting was held on September 21st, 2023, and no written or
verbal feedback from the public was received.
ARCADIS MEMORANDUM
Municipality of Bayham – October 3, 2023
2
Provincial Policy Statement
6. The Provincial Policy Statement, 2020 (hereafter “PPS”) Section 2.3.4 Lot Creation
and Lot Adjustments indicates that lot creation in prime agricultural areas is
discouraged and is only permitted for:
c) a residence surplus to a farming operation as a result of farm consolidation,
provided that:
1. the new lot will be limited to a minimum size needed to accommodate the
use and appropriate sewage and water services; and
2. the planning authority ensures that new residential dwellings are prohibited
on any remnant parcel of farmland created by the severance. The approach
used to ensure that no new residential dwellings are permitted on the remnant
parcel may be recommended by the Province, or based on municipal
approaches which achieve the same objective
The creation of a suitable lot by way of Consent and the prohibition of new
residential dwellings on the retained lands through Zoning By-law Amendment
approval, is consistent to the PPS.
Elgin County Official Plan
7. Elgin OP Section E1.2.3 New Lots By Consent indicates that:
The approval of consents to sever land in Elgin County shall be in conformity with
the relevant policies contained in this Plan, policies contained in local Official
Plans, and the provisions of the Planning Act. Under no circumstances shall
consents be granted for approval that are contrary to the policies of this Plan or
the local Official Plan.
And Section E1.2.3.1 General Criteria for Consents provides criteria for Consent
applications and the proposed Consent appears to be in conformity to the criteria
other than subsection “l” which requires conformity to the local Official Plan. Section
E1.2.3.4 recognizes that dwellings made surplus from farm consolidation can be
considered for Consent in the Agricultural Area, with a condition to prohibit new
residential uses on the retained lands, consistent to the PPS. The local Official Plan
/ Bayham Official Plan does not permit surplus farm dwelling severances where
there are no farm operation dwellings in Bayham, therefore, the applicant proposes
a new policy section for site-specific permission for the subject surplus dwelling
severance where no dwelling is owned in Bayham.
Municipality of Bayham Official Plan
8. Bayham OP Section 2.1.7 Farm Consolidation and Surplus Farm Dwellings
indicates that:
Consents to sever and convey existing farm dwellings which were built and
occupied a minimum of ten (10) years prior to the date of consent application, and
ARCADIS MEMORANDUM
Municipality of Bayham – October 3, 2023
3
which are surplus to a consolidated farm operation, may be permitted within the
“Agriculture” designation in accordance with the following criteria:
In the opinion of Municipal Council, a land use conflict shall not be created
with agricultural operations or other existing land uses in the immediate
area of the subject lands;
The proposed OPA would facilitate a Consent to create a residential lot in
the rural area. The future Owner of the proposed parcel to be severed
intends to renovate the existing residential dwelling and continue its use as
a residential land use.
Where a farm parcel with more than one existing dwelling is being
consolidated into a farm operation, only one dwelling may be severed from
that farm parcel, and no more than one severance of a surplus dwelling
shall be allowed from an original farm parcel regardless of changes in
boundary or ownership;
Based on a review of the parcel fabric and existing records, it does not
appear that any previous severances occurred from the subject lands.
A minimum of one existing dwelling within the Municipality of Bayham
must be retained by the proponent farm operation, or a registered owner
of the proponent farm operation.
The farm operation does not have another dwelling within the Municipality of
Bayham. They own a number of farm parcels and the primary farm dwelling
is located in Malahide. The primary dwelling is located approximately 4.9 km
from the subject lands.
Section 2.1.7.5 of the Bayham Official Plan is one of two surplus farm
dwelling severances permitted on the lands known as Pt. Lot 109,
Concession 6, STR, and municipally addressed as 53443 Heritage Line
where there is no other dwelling owned by the farm operation in the
Municipality. The primary farm dwelling was directly across the municipal
boundary. The second example includes OPA No. 33 for the lands known
as Concession 2, Part of Lots 10 and 11, and municipally addressed as
55106 Vienna Line where there is no other dwelling owned by the farm
operation in the Municipality. The primary dwelling is located approximately
6.8 km from the subject lands. OPA No. 33 was adopted by Bayham Council
on May 18, 2023, and approved by Elgin County on August 8, 2023, with no
appeals
The proposal to permit the severance where there are no dwellings owned in the
Municipality specifically for these lands by way of Official Plan Amendment and a
site-specific text section indicating the location of the lands and permitting the
ARCADIS MEMORANDUM
Municipality of Bayham – October 3, 2023
4
severance notwithstanding Section 2.1.7.1 would bring the proposal into conformity
to the Official Plan.
Zoning By-law
9. The subject lands are zoned Agriculture (A1) on Schedule A Map No. 13 in
Municipality of Bayham Zoning By-law Z456-2003. Should the OPA be approved,
the Consent application would be conditional on rezoning the retained lands to a
Special Agriculture (A2) zone to prohibit new dwellings and the severed lands would
need to be rezoned to a Rural Residential (RR) Zone. At the time of Consent the
specifics of the Zoning By-law Amendment will be included in the comments.
Recommendation:
10. We have no objection to the proposal to permit one severance of a surplus farm
dwelling where there are no dwellings owned in the Municipality specifically for these
lands by way of Official Plan Amendment and a site-specific text section indicating
the location of the lands. Draft OPA No. 35 was prepared and enclosed for Council’s
consideration.
ARCADIS Christian Tsimenidis, BES
Consulting Planner to the Municipality of Bayham
AMENDMENT NO. 35
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Algar Farms Ltd.
53921 Nova Scotia Line
The following text constitutes Amendment No. 35 to the Official Plan of the Municipality of Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-078, in accordance with Section 17 of the PLANNING ACT, on the 19th day of October 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALTY OF BAYHAM
BY-LAW NO. 2023-078
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 35 to the Official Plan of the Municipality of Bayham is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 35 to the Official Plan of the Municipality of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin
County.
ENACTED AND PASSED this 19th day of October 2023.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 35
1. PURPOSE
The purpose of the Official Plan Amendment is to add a new site-specific sub-section to
permit the severance of an existing dwelling made surplus through farm consolidation
that does not conform to policy Section 2.1.7.1 which requires a dwelling to be owned by
the farm operation within the Bayham municipal boundary. This would facilitate a future
Consent application to sever the existing dwelling.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as Concession 1, Part of
Lot 3 and known municipally as 53921 Nova Scotia Line.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a farmed parcel with a residential dwelling,
accessory structure, and two wind turbines. The subject lands are located at 53921
Nova Scotia Line, south side, east of Richmond Road and west of Saxton Road. The
subject lands have a lot frontage of 211.3 metres (693.2 feet) onto Nova Scotia Line,
with an average lot depth of 974.6 metres (3,197.5 feet). The existing unpaved driveway
with access onto Nova Scotia Line currently serves the existing residential dwelling and
lands proposed to be severed. The agricultural lands have sufficient frontage onto Nova
Scotia Line to permit a secondary access driveway. The surrounding lands are
agricultural in all directions.
The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus
farm dwelling severances where appropriate and where new residential dwellings are
prohibited, which in Bayham is accomplished by way of Conditions of the Consent to
have the owners obtain Zoning By-law Amendment approval from the Municipality.
The Bayham Official Plan only permits surplus farm dwelling severances where the farm
operation owns a dwelling within the Municipality. The subject farm operation has a
principal dwelling approximately 4.9 kilometres to the west within the Township of
Malahide, therefore, the farm operation does have a local presence even though the
principle dwelling is in Malahide, therefore, specifically permitting one surplus farm
dwelling severance by way of new policy text section indicating the location of the lands
and permission for the severance would be in conformity to the Official Plan.
4. DETAILS OF THE AMENDMENT
a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to
add the following subsection:
2.1.7.7 Notwithstanding Section 2.1.7.1, the dwelling located in Concession 1,
Part of Lot 3 and known municipally as 53291 Nova Scotia Line, and
existing as of ___(month/year of approval), may be severed as a surplus
farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm
operation is located within an adjacent municipality.
Executive Services 99-A Advance Avenue, Napanee, ON K7R 3Y5 www.greaternapanee.com
September 27, 2023
The Honourable Doug Ford Premier of Ontario
Premier’s Office, Room 281 Legislative Building Queen’s Park, Toronto, ON M7A 1A1
Re: Establishing a Guaranteed Livable Income
Dear Premier Ford:
Please be advised that the Council of the Town of Greater Napanee passed the following resolution at its regular session meeting of September 26, 2023:
RESOLUTION #486/23: Hicks, Martin
That Council receive the correspondence from the Town of Grimsby respecting establishing a guaranteed livable income;
And further, that Council direct staff to send a letter of support for the resolution passed by the Town of Grimsby to the Premier of Ontario, MP Kramp-Neuman, MPP Bresee, and all Ontario municipalities. CARRIED
Please do not hesitate to contact jwalters@greaternapanee.com if you require any further information with respect to this resolution.
Sincerely,
Jessica Walters
Clerk
cc.Hon. Shelby Kramp-Neuman, MP, Hastings-Lennox & AddingtonHon. Ric Breese, MPP, Hastings-Lennox & AddingtonAll Ontario municipalities
Executive Services 99-A Advance Avenue, Napanee, ON K7R 3Y5 www.greaternapanee.com
September 27, 2023
The Honourable Doug Ford Premier of Ontario Premier’s Office, Room 281
Legislative Building
Queen’s Park, Toronto, ON M7A 1A1
Re: Chronic Pain Treatments
Dear Premier Ford:
Please be advised that the Council of the Town of Greater Napanee passed the following resolution at its regular session meeting of September 26, 2023:
RESOLUTION #487/23: Hicks, Pinnell Jr.
That Council support the resolution from the Municipality of Wawa requesting that the Government of Ontario maintain OHIP coverage for chronic pain treatments and continue to provide much needed care for the people of Ontario;
And further, that Council direct that a copy of this resolution be sent to the Premier of
Ontario, MP Kramp-Neuman, MPP Bresee, and all Ontario municipalities. CARRIED
Please do not hesitate to contact jwalters@greaternapanee.com if you require any further
information with respect to this resolution.
Sincerely,
Jessica Walters Clerk
cc.Hon. Shelby Kramp-Neuman, MP, Hastings-Lennox & AddingtonHon. Ric Breese, MPP, Hastings-Lennox & AddingtonAll Ontario municipalities
Elias Diamantopoulos of GTA Strategiesinfo@nationalchronicpainsociety.org
Resolution
The Corporation of the
Town of Cobourg
1
Hon. Doug Ford
Premier of Ontario Legislative Building, Queen’s Park, Toronto, ON M7A 1A1 VIA EMAIL:
doug.fordco@pc.ola.org
RE: Correspondence from the Township of Puslinch regarding Illegal Land Use
Enforcement
Please be advised that the Town of Cobourg Council, at its meeting held on October 2,
2023, passed the following resolution:
Moved by Councillor Miriam Mutton Resolution No: 314-2023 Seconded by Councillor Brian Darling October 2, 2023
THAT Council receive the correspondence from the Township of Puslinch regarding Illegal Land Use Enforcement for information purposes; and FURTHER THAT Council endorse and support the resolution from the Township of Puslinch and Council direct staff to send a duplicate resolution to associated ministries and Ontario Municipalities. The resolution reads as follows:
That the Illegal Land Use Enforcement Taskforce’s mandate be expanded to include
other types of illegal land uses and not solely on illegal trucking land uses; and
That the Province be requested to strengthen municipal enforcement powers by:
• Amending the Municipal Act to enable municipalities to physically bar entry to properties where illegal land uses that have significant detrimental impacts on adjacent residential properties, the environment or create unsafe situations;
• Increasing the maximum penalty amounts in the Planning Act to $50,000 for an
individual upon conviction and on a subsequent conviction, not more than
$25,000 for each day in which the contravention has continued after the day in
which the person was initially convicted; and
Town of Cobourg
55 King Street West,
Cobourg, ON, K9A 2M2
clerk@cobourg.ca
October 11, 2023
Resolution
The Corporation of the
Town of Cobourg
2
• Including provisions to ensure a corporation is liable to fines of not more
$100,000 upon first conviction and not more than $50,000 for each day in which
the contravention has continued after the day in which the corporation was initially convicted. That a copy of this report be provided to the Honourable Doug Ford, Premier of Ontario, the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable
Sylvia Jones, MPP, Dufferin-Caledon; the Honourable Doug Downey, Attorney General
of Ontario; and
That a copy of this report be provided to the municipalities within the Greater Golden
Horseshoe area seeking support in the request for strengthened enforcement powers to
combat significant illegal land uses negatively impacting communities across Ontario
and to the Association of Municipalities of Ontario (AMO) and Rural Ontario Municipal
Association (ROMA).
Sincerely,
Kristina Lepik
Deputy Clerk/Manager, Legislative Services
Cc: The Honourable Steve Clark, Minister of Municipal Affairs and Housing,
The Honourable Sylvia Jones, Deputy Premier, Minister of Health and MPP Dufferin-
Caledon,
The Honourable Doug Downey, Attorney General of Ontario,
Association of Municipalities of Ontario,
Rural Ontario Municipal Association,
Ontario Municipalities
Resolution
The Corporation of the
Town of Cobourg
1
Cobourg Police Services Board
107 King Street West, Cobourg, ON K9A 2M4 VIA EMAIL: sue.bernardi@cobourgpsb.com
RE: Correspondence from the Town of Midland regarding Catch and Release Justice in
Ontario
Please be advised that the Town of Cobourg Council, at its meeting held on October 2, 2023, passed the following resolution:
Moved by Councillor Miriam Mutton Resolution No: 315-2023
Seconded by Councillor Randy Barber October 2, 2023
THAT Council receive the correspondence from the Town of Midland regarding Catch
and Release Legislation for information purposes; and
FURTHER THAT Council support the resolution from the Town of Midland and direct
Staff to circulate to Ontario municipalities and the Cobourg Police Services Board.
Sincerely,
Kristina Lepik
Deputy Clerk/Manager, Legislative Services
Cc: Ontario Municipalities
Enclosure: Correspondence from the Town of Midland – “Catch and Release” Justice in
Ontario
Town of Cobourg
55 King Street West,
Cobourg, ON, K9A 2M2
clerk@cobourg.ca
October 12, 2023
THE CORPORATION OF THE TOWN OF MIDLAND
575 Dominion Avenue
Midland, ON L4R 1R2 Phone: 705-526-4275
Fax: 705-526-9971
info@midland.ca
September 8, 2023 The Senate of Canada Ottawa, ON K1A 0A4 Via Email: sencom@sen.parl.gc.ca
Premier Doug Ford Legislative Building
Queen's Park
Toronto ON M7A 1A1
Via Email: premier@ontario.ca
Dear Premier Ford:
Re: “Catch and Release” Justice is Ontario
At its September 6, 2023, Regular Council Meeting with Closed Session the Council for the Town of Midland passed the following Resolution:
That the Town of Midland send a letter to the Federal and
Provincial Governments requesting meaningful improvements to
the current state of “catch and release” justice in the Ontario legal
system. Police Services across Ontario are exhausting precious time and resources having to manage the repeated arrests of the
same offenders, which in turn, is impacting their morale, and
ultimately law-abiding citizens who are paying the often
significant financial and emotional toll of this broken system; and
That this resolution be sent to other Municipalities throughout
Ontario for their endorsement consideration.
Thank you. Yours very
truly, THE CORPORATION OF THE TOWN OF MIDLAND
Sherri Edgar
Sherri Edgar, AMCT
Municipal Clerk
Ext. 2210
September 27, 2023
to Whom it May Concern
Re: Support for Motion RE: Guaranteed Livable Income
At the meeting of September 26, 2023, the Council of the County of Brant adopted the following resolution in support of the September 5th resolution passed by the Town of Grimsby on Guaranteed Livable Income :
“Whereas the Canadian livable wage for the Brant—Niagara—Haldimand—Norfolk
Region, two years ago was determined to be $19.80. This was $6000 above the annual
income of a minimum wage employee; and
Whereas County of Brant residents on programs such as Ontario Works, receive
targeted fixed monthly incomes of $733, and ODSP recipients receive $1376; and
Whereas at the current Ontario minimum wage rate, a person working 37.5 hours per
week will earn approximately $2,500 monthly (before tax); and
Whereas the median rent for one bedroom in the County of Brant as of 2022 was
$1143.90 a month, and the County of Brant does not have current AMR for September
2023; and
Whereas rent is considered affordable, when it is less than 30% of income. In the
County of Brant, rent is approximately 156% of Ontario Works, 83.13% of Ontario
Disability Support Services, 45% of minimum wage full-time (before tax), and 90% of
minimum wage part time; and
Whereas an annual 2.5% allowable rent increase can be combined with an additional 3-
6.5% capital investment increase, raising the cost of rental housing another minimum of
$110 monthly; and
Whereas the recent report by the County of Brant Policy Planning and Corporate
Strategy departments determined that the County of Brant has serious shortfalls in both
affordable and attainable housing supply;
County of Brant Page 2
Therefore be it resolved the County of Brant supports the resolution shared by the Town
of Grimsby; and
Be it further resolved that The County of Brant circulate correspondence to Ontario
municipalities encouraging them not only to collect data of their housing and poverty
statistics, but also to examine their pending economic vulnerability as a result; and
Be it further resolved that The County of Brant encourage these same municipalities to
join the County of Brant in advocating on behalf of our communities with this data, and
by writing a letter to the Prime Minister, Premier, and local politicians calling for a united
effort in establishing a Guaranteed Livable Income program.”
Respectfully,
Alysha Dyjach Director of Council Services, Clerk County of Brant
October 3, 2023
The Honourable Doug Ford, Premier of Ontario Delivered by email Premier’s Office, Room 281 premier@ontario.ca Legislative Building, Queen’s Park Toronto, ON M7A 1A1
Dear Premier: Re: Town of Whitchurch-Stouffville Council Resolution of September 27, 2023, Re:
Correspondence from Township of Puslinch and Town of Caledon, re: Illegal Land Use
Enforcement
Please be advised that this matter was considered by Council at its meeting held on September 27,
2023, and in this regard, Council passed the following resolution:
WHEREAS the Town of Whitchurch-Stouffville Council supports the resolution from the Town
of Caledon regarding illegal land use enforcement; and
WHEREAS the Town of Whitchurch-Stouffville recognizes that combatting illegal land use
enforcement effectively is challenging, and an issue of municipal importance; and
WHEREAS the Town of Whitchurch-Stouffville recognizes that illegal land use has a negative
impact on local residents and the surrounding area; and
WHEREAS the Town of Whitchurch-Stouffville believes that the tools currently available to
municipalities under the Municipal Act are insufficient to combat illegal land uses; and
THAT Council direct Staff to send a support resolution accordingly.
THEREFORE, the Town of Whitchurch-Stouffville passes this resolution regarding Illegal Land
Use Enforcement:
THAT the Province be requested to strengthen municipal enforcement powers by:
• Amending the Municipal Act to enable municipalities to physically bar entry to properties
where illegal land uses that have significant detrimental impacts on adjacent residential
properties, the environment or create unsafe situations; and
• Increasing the maximum penalty amounts in the Planning Act to $50,000 for an individual
upon conviction and on a subsequent conviction, not more than $25,000 for each day in
which the contravention has continued after the day in which the person was initially
convicted; and
• Including provisions to ensure a corporation is liable to fines of not more $100,000 upon first
conviction and not more than $50,000 for each day in which the contravention has continued
after the day in which the corporation was initially convicted.
THAT a copy of this report be provided to the Honourable Doug Ford, Premier of Ontario, the
Honourable Paul Calanda, Minister of Municipal Affairs and Housing, the Honourable Sylvia
Jones, MPP, Dufferin-Caledon; the Honourable Doug Downey, Attorney General of Ontario;
and
THAT a copy of this report be provided to the municipalities within the Greater Golden
Horseshoe area seeking support in the request for strengthened enforcement powers to
combat significant illegal land uses negatively impacting communities across Ontario and to
the Association of Municipalities of Ontario (AMO) and Rural Ontario Municipal Association
(ROMA).
The above is for your consideration and any attention deemed necessary.
Kind regards,
Monica Beattie
Monica Beattie Senior Clerk’s Coordinator
Attachment
Copy: Hon. Paul Calanda, Minister of Municipal Affairs and Housing Hon. Sylvia Jones, MPP, Dufferin-Caledon Hon. Doug Downey, Attorney General of Ontario
Association of Municipalities of Ontario (AMO)
All Ontario Municipalities Rural Ontario Municipal Association (ROMA)
Staff Report 2023-0327
Page 1 of 8
Meeting Date: June 6, 2023 Subject: Illegal Land Use Enforcement Update
Submitted By: Mark Sraga, Director, Building Services and Municipal Law Enforcement
RECOMMENDATION
That the Illegal Land Use Enforcement Taskforce’s mandate be expanded to include other
types of illegal land uses and not solely on illegal trucking land uses; and
That the Province be requested to strengthen municipal enforcement powers by:
Amending the Municipal Act to enable municipalities to physically bar entry to
properties where illegal land uses that have significant detrimental impacts on
adjacent residential properties, the environment or create unsafe situations;
Increasing the maximum penalty amounts in the Planning Act to $50,000 for an
individual upon conviction and on a subsequent conviction, not more than $25,000
for each day in which the contravention has continued after the day in which the
person was initially convicted; and
Including provisions to ensure a corporation is liable to fines of not more $100,000
upon first conviction and not more than $50,000 for each day in which the
contravention has continued after the day in which the corporation was initially
convicted.
That a copy of this report be provided to the Honourable Doug Ford, Premier of Ontario,
the Honourable Steve Clark, Minister of Municipal Affairs and Housing, the Honourable
Sylvia Jones, MPP, Dufferin-Caledon; and
That a copy of this report be provided to the municipalities within the Greater Golden
Horseshoe area seeking support in the request for strengthened enforcement powers to
combat significant illegal land uses negatively impacting communities across Ontario and
to the Association of Municipalities of Ontario (AMO) and Rural Ontario Municipal
Association (ROMA).
REPORT HIGHLIGHTS
Constant and undeterred enforcement efforts by both the Municipal Law
Enforcement Division and the Legal Services Division is achieving the results that
were envisioned when Council approved the creation of this dedicated
enforcement effort.
Staff Report 2023-0327
Page 2 of 8
The Town has been successful in pursing injunctions through the courts and will
continue utilizing this enforcement mechanism for property owners that do not
come into compliance to the Town’s By-laws through normal enforcement actions.
Land use permissions and performance standards should be developed and
enacted through the Town’s Zoning By-law to permit and regulate the creation of
legal truck storage facilities.
Advocacy with the Ministry of Municipal Affairs and Housing is necessary to secure
additional enforcement powers that are needed to provide more effective and cost-
efficient enforcement of municipal land use B-law with respect to illegal land use.
That the Illegal Land Use Enforcement Taskforce (Trucking) expand its mandate
to include other types of illegal land uses including but not limited to event centres,
institutional uses and places of worship.
DISCUSSION Background
In 2019, staff were approved by Council to implement an Illegal Land Use Enforcement
Taskforce with the objective of addressing the growing illegal land use issues related to
the parking and storage of tractor trailers and commercial vehicles. This includes all
property types in the Town, both those of a smaller scale (e.g., one or two trucks parked
on rural properties), as well as those properties with a larger commercial operation. To
effectively address the scope and scale of the issue, it was determined that staff would
take a proactive approach to identify properties where the parking and storage of tractor
trailers and commercial vehicles exist rather than relying solely on a complaint-based
method and engage in education and enforcement. The dedicated resources allocated for
this initiative included the following staff compliment; two (2) Municipal Law Enforcement
Officers, one (1) assistant Town Solicitor and one (1) coordinator. Due to the Covid-19
Pandemic, implementation of this dedicated staff group was delayed until July 2021. Since
that time, they have been actively involved in undertaking proactive educational and
enforcement efforts.
Education and Communication Strategy
As part of the initiative to address the illegal land use issue, staff engaged with an external
consultant to develop a public education and strategic communications strategy in
consultation with our Communications staff. The objective of the strategy is to effectively
educate external stakeholders and property owners on the Town’s land use policies and
Zoning By-law; the types of properties on which the parking and storage of tractor trailers
and commercial vehicles are permitted; the processes that must be followed to be in
compliance with the applicable regulations; and updated enforcement efforts undertaken
by enforcement staff assigned to this initiative. The result of this effort was the creation of
a guide that provides an easy-to-understand explanation of the Zoning By-laws as it
Staff Report 2023-0327
Page 3 of 8
relates to truck parking and storage along with the actions being taken by the Town with
respect to enforcing these rules.
Along with the production of this guide, staff continue to utilize a variety of communication
tactics to help inform residents and operators of illegal truck storage facilities of the rules
and consequences for violating the Town’s By-laws. These efforts include:
a month-long radio campaign on Parvasi radio,
resident focused social media campaign,
numerous media releases highlighting successful outcomes through the courts
media interviews and responses
Enforcement Efforts
As previously referenced the commencement of proactive enforcement efforts began in
July 2021 with the Officers conducting inspections on properties that had been previously
identified by residents or Town staff as possibly having illegally stored trucks. Since then,
Officers have investigated over 310 properties for potential illegal truck storage violations
occurring (see Figure 1 for illustration of location of properties investigated).
Figure 1: Location of properties investigated
Over 137 enforcement actions have been commenced because of these investigations.
Depending on the severity of the By-law contraventions different enforcement actions
were employed to seek compliance with the Town’s By-laws. These enforcement actions
Staff Report 2023-0327
Page 4 of 8
include the issuance of letters notifying the property owner of the By-law contravention(s),
issuance of tickets, laying of charges or seeking court injunctions. While voluntary
compliance has been achieved for some of the properties there are 36 properties where
the matters are still before the courts.
While the overall enforcement objective is to achieve compliance with the Town’s By-laws,
the Town seeks meaningful financial penalties for those property owners who willfully
ignore the Town’s By-laws or do not voluntarily come into compliance. Through the
combined efforts of the Officers (who are employing additional investigative techniques to
provide stronger evidence) and Legal staff (who can educate and demonstrate in Court of
the severity of these offences) the Courts are now imposing very significant fine amounts
when a defendant is found guilty of a violation related to an illegal trucking operation. The
Courts have the sole discretion in determining the fine amounts and staff have been
successful in achieving fine amounts between $35,000 - $50,000 dollars which is the
maximum amount prescribed in the Planning Act. To date the total amount of fines levied
by the courts has been over $350,000.00. Along with these significant fine amounts the
Courts are also starting to issue Prohibition Orders. Prohibition Orders are a Court
directive for the convicted party to cease using the property in noncompliance with the
Order effective the date the Order is issued. Should the prohibition use continue then the
Enforcement Team may lay charges for failing to comply with an Order, which would result
in fines that could be imposed daily. This can result in significant consequences for the
owner/operator as these daily fines can become financially onerous depending on how
long the property remains noncompliant.
In addition to these court charges the Town has been successful in obtaining Superior
Court issued injunctions against some of the most egregious illegal trucking operations
and to date there have been 3 successful court injunctions issued for the following
properties:
6086 Mayfield Road
6186 Mayfield Road
6230 Mayfield Road (all illegally stored vehicles have been removed from this
property – see Schedule A).
While these injunctions are a very powerful enforcement tool, they are very costly for the
Town to instigate and carry through the Court systems and can in some instances be a
slow process, taking up to a year or beyond to achieve a Superior Court decision and
Order. Along with these Zoning related enforcement actions staff have also undertaken
actions to achieve compliance with the Town’s other By-laws, such as the Traffic By-law
and the Fill By-law, where possible and warranted. This includes actions such as placing
concrete barriers on the Town’s right-of-way when illegal entrances have been created
Staff Report 2023-0327
Page 5 of 8
(see Figure 2) with intent of preventing the continued unpermitted use of the Town’s right-
of-way or the removal of illegally placed fill.
Figure 2: Example of physical enforcement action
Along with physical actions being taken such as the placement of barriers or removal of
illegally placed fill, another action undertaken to help reduce the cost advantage of
operating illegally has been to inform the Municipal Property Assessment Corporation
(MPAC) through Finance staff of changes in use of the property and have the property
reassessed. Often, illegal operators are surreptitiously converting farm properties to
commercial properties and by informing MPAC of the actual use of the property
appropriate taxes can be levied, ensuring equal treatment for legal and illegal operators.
To date there have been 25 properties reassessed and this has resulted in more than a
$384,000 increase in the tax levy for these properties; another 24 properties are still
waiting to be reassessed. Staff also regularly inform our contacts at the Canadian
Revenue Agency (CRA) of these operations as we have found that there is a significant
amount of cash transactions between the vehicle operators storing their vehicles on the
property and the operators of these yards. Staff also regularly communicate with other
enforcement agencies such as the Toronto and Region and Conservation Authority
(TRCA), Ontario Ministry of Transportation (MTO), Ministry of Environment, Conservation
and Parks (MECP), and the Electrical Safety Authority (ESA) on these illegal operations
and coordinate our enforcement efforts with them as much as possible.
Current Challenges and Solutions
Illegal land uses are not just restricted to illegal trucking operations/storage facilities but
other uses such as event centres, institutional uses or places of worship are becoming
more common in Caledon. These illegal uses all have significant impacts on adjacent
property owners due to the disturbances created and non-compatibility with adjacent
Staff Report 2023-0327
Page 6 of 8
residential properties or road safety. Therefore, it is recommended that this taskforce’s
enforcement mandate be expanded to include these other types of illegal land uses and
not just focused solely on the illegal trucking land uses. While this change to the mandate
will not have an immediate impact on the staff compliment it will re-enforce the work the
team is doing and enable them to utilize their enforcement/legal skills on these complex
files. The investigative and enforcement tools used for the illegal trucking uses are
identical to the ones used for these other types of illegal uses and they are all regulated
by the same provincial legislation and municipal regulations (ie. Planning Act and Zoning
By-law) as well as the same enforcement challenges while pursuing compliance amongst
non-compliant property owners.
Prosecution matters can typically take months and sometimes years to resolve and while
the matter is being dealt with through the Courts, the illegal operation continues to make
money for the operator. Also, while the fine amounts being ordered by the Courts are
increasingly significant, for some of the larger illegal operations these fines are just
considered the “cost of doing business”. More robust and efficient enforcement measures
are needed if the Town is to be successful in combatting these illegal operations. These
suggested new enforcement measure need to include more significant financial penalties
prescribed in the Planning Act including special fines provisions. Currently, the maximum
fine amounts are as follows:
An individual is liable to a fine of not more than $25,000 upon first conviction and
on a subsequent conviction, not more than $10,000 for each day in which the
contravention has continued after the day in which the person was initially
convicted.
A corporation is liable to fines of not more $50,000 upon first conviction and not
more than $25,000 for each day in which the contravention has continued after the
day in which the corporation was initially convicted.
It should be noted that directors or officers of corporations can also be charged and if
found guilty of the charges they would be subject to the same penalty provisions as an
individual.
In view of the revenues being generated from some of these large illegal operations the
maximum fine amounts should be doubled, and special fine provisions like those found in
the Municipal Act should also be introduced in the legislation. A special fine amount would
enable a Court to levy a fine higher than the maximum amount prescribed in the legislation
in circumstances where there has been an economic advantage or gain by violating the
Zoning By-law. An example of this is in the Town’s Business Licensing By-law which has
a special fine provision that states, “a special fine equal to the amount of the economic
gain may be imposed”.
Staff Report 2023-0327
Page 7 of 8
In addition to these increased fines the Town needs further enhanced enforcement powers
including the authority for the municipality to bar entry to the property in circumstances
where the illegal land use is occurring and it is having significant detrimental impacts on
adjacent properties/occupants, the environment or creating unsafe situations such as
traffic safety. These enhanced enforcement powers should be like the ones that currently
exist in the provincial Cannabis Control Act in terms of that authority to issue a closure
order along with the authority to physically block or restrict access to the property.
Recognizing that this type of enforcement authority is very significant it is necessary to
also have an appeal mechanism which property owners or tenants can avail themselves
of when such orders and actions are taken, or the property owner has removed the illegal
use. This appeal process should be through the Superior Court of Justice so that a hearing
by a Judge can be held and the Judge should have the authority to confirm, modify or
rescind a closure order. Implementation of such powers would be extremely effective and
efficient in addressing illegal land uses such as the ones that are currently occurring in
Caledon.
It needs to also be understood that even if the province was to implement these additional
enforcement provisions there is a clear need for proper truck parking/storage facilities
within the Town. Currently the Town’s Zoning By-law does not permit such a use and
considering the number of logistic facilities that have been constructed in the Town and
the volume of new ones that are slated to be built both within and within proximity to the
Town then this need will only continue to grow. Having clear land use designations in the
most appropriate locations in the Town along with the necessary performance standards
to mitigate the impacts these uses may have will help reduce the volume of illegal
operations especially when combined with a very robust enforcement program regarding
the illegal operations.
Recommended Advocacy to Combat Illegal Land Use Issues
Staff are recommending that the Town advocate to the Province to support municipalities
in efforts to combat illegal land use issues through the following means:
Amend the Municipal Act to enable municipalities to physically bar entry to
properties where illegal land uses that have significant detrimental impacts on
adjacent residential properties, the environment or create unsafe situations.
Increase the maximum penalty amounts in the Planning Act to $50,000 for an
individual upon conviction and on a subsequent conviction, not more than $25,000
for each day in which the contravention has continued after the day in which the
person was initially convicted.
Include provisions to ensure a corporation is liable to fines of not more $100,000
upon first conviction and not more than $50,000 for each day in which the
Staff Report 2023-0327
Page 8 of 8
contravention has continued after the day in which the corporation was initially
convicted.
Summary
Constant and undeterred enforcement efforts by both the Municipal Law Enforcement
division and the Legal division is achieving the results that were envisioned when Council
approved the creation of this dedicated Enforcement initiative. This success can be
directly attributed to the professionalism and commitment of the staff and the leadership
who have been assigned to this endeavour. Even though it will take time to achieve
compliance with some of the more flagrant contraveners, staff will utilize all the
enforcement tools provided for in the Planning Act along with other legal remedies as we
work towards achieving compliance amongst these non-compliant property owners.
FINANCIAL IMPLICATIONS
Financial implications are contained throughout this report.
COUNCIL WORK PLAN Subject matter is not relevant to the Council Workplan.
ATTACHMENTS Schedule A: Illustration showing the successful enforcement action at 6230 Mayfield Road
Schedule A to Staff Report 2023-0327
318 Canborough St. P.O. Box 400 Smithville, ON L0R 2A0 T: 905-957-3346 F: 905-957-3219 www.westlincoln.ca
Oct 5, 2023
Association of Municipalities of Ontario (AMO) 200 University Ave #801 Toronto, ON M5H 3C6
Dear AMO Members: Re: Challenges Faced by Smaller Developers in Ontario Communities
This is to confirm that at the Sept 25, 2023 Council Meeting the following resolution was
adopted with respect to the above noted matter:
That, a letter be drafted for signature by the Mayor and that the letter be
forwarded to the Minister of Municipal of Affairs, Association of Municipalities of
Ontario (AMO) and its member municipalities, outlining the issues and
constraints brought to the Township Council’s attention with respect to holding
back development applications of new homes within the community.
The Township of West Lincoln is writing to bring to your attention a significant matter that has recently come to our attention at the Township of West Lincoln. This issue
pertains to the challenges faced by small developers in communities like ours, across
the province of Ontario. These challenges are currently making it difficult for communities like West Lincoln to meet the housing goals of the province. We recently received a request from a developer regarding their development project in
Smithville, Ontario which was first draft approved approximately in 2015. The
developer has presented a compelling case for an extension to the draft plan of condo approval, citing several noteworthy factors that have emerged since their initial application and which are delaying the start of development. Initially Council wanted to refuse extension approval to force the development but it was clear that would not be
possible. The challenges are a symptom of broader issues felt by the Municipality on
numerous planning issues, and some of these challenges as outlined to us by the developer, are noted below. A significant challenge is the current state of the market, characterized by severe
material supply chain constraints. These constraints have made it exceedingly difficult
for the developer to secure pricing for essential construction materials, introducing financial uncertainty. An extension is deemed necessary to ensure the viability of the project, which aligns with our community’s need for diverse housing options.
Furthermore, the recent and unexpected increase in interest rates by the Bank of
Canada has created volatility in the marketplace for pre-sale condo townhomes. These rate hikes have affected both the developer’s financing costs and potential buyer’s
ability to secure financing. An extension would provide the developer with the
opportunity to adapt their financial strategies in response to this rapidly changing environment. Additionally, the challenging market conditions in the Niagara Region, as indicated by
the Niagara Association of Realtors, have led to declining home values and shifting
market dynamics. These changes necessitate a reassessment of the project timelines, for dwelling types and sizes, to ensure its long-term viability and success. Granting an extension will allow the developer to adapt to these current market dynamics and make informed decisions.
Importantly, extending the draft plan of condo approval would help conserve our Township’s valuable resources. Re-submitting the entire approval package and undergoing the approval process again would be resource–intensive for both the developer and our local government. We believe that an extension at this time is a
pragmatic solution that aligns with efficient resource utilization.
In light of these challenges, our commitment to supporting responsible and sustainable development in our community, and a desire to help address the identified housing shortfall, we kindly request that AMO and the Provincial government consider the
current issues faced by developers in communities across Ontario. The challenges
outlined by this developer reflect a broader trend that warrants attention and will severely hamper the ability to achieve increased housing starts if not addressed. We recommend that the decision-making process for future planning applications be
allowed to be guided by a balanced approach that takes into account market conditions,
historical precedence, and resource conservation. This approach should ultimately contribute to provide much-needed housing supply to communities like West Lincoln, albeit at slower rates than first contemplated.
We appreciate your attention to this matter and believe that addressing these
challenges will help promote equitable development opportunities across the province. Please do not hesitate to reach out if you require any additional information or clarification on this issue.
We look forward to collaborating with AMO and the Provincial government to find
solutions that support the growth and vitality of our community and others like it. Sincerely,
Mayor Cheryl Ganann cc.. Minister Paul Calandra All AMO member municipalities
September 28, 2023
The Honourable Doug Ford, Premier of Ontario Delivered by email
Premier’s Office, Room 281 premier@ontario.ca
Legislative Building, Queen’s Park
Toronto, ON M7A 1A1
Dear Premier:
Re: Town of Aurora Council Resolution of September 26, 2023
Motion 10.4 - Councillor Weese; Re: Aurora Council Opposition to Strong Mayor
Powers in Aurora
Please be advised that this matter was considered by Council at its meeting held on
September 26, 2023, and in this regard, Council adopted the following resolution:
Whereas the Head of Council is required to confirm in writing his commitment to
meet a municipal housing target by October 15, 2023, in order to receive Strong
Mayor Powers; and
Whereas the municipality is required to submit a formal housing pledge which
will outline how the municipality plans to meet the housing target by December
15, 2023; and
Whereas Strong Mayor Powers will result in the Head of Council being granted
powers such as:
• Choosing to appoint the municipality’s chief administrative officer;
• Hiring certain municipal department heads and establishing and re-
organizing departments;
• Creating committees of council, assigning their functions, and appointing the
chairs and vice-chairs of committees of council;
• Proposing the municipal budget, which would be subject to council
amendments and a separate head of council veto and council override
process;
• Vetoing certain by-laws if the head of council is of the opinion that all or part
of the by-law could potentially interfere with a provincial priority;
Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1
Town of Aurora Council Resolution of September 26, 2023
Aurora Council Opposition to Strong Mayor Powers in Aurora
September 28, 2023 2 of 2
• Bringing forward matters for council consideration if the head of council is of
the opinion that considering the matter could potentially advance a provincial
priority; and
Whereas these Strong Mayor Powers undermine democratic processes executed
through municipal elections; and
Whereas Strong Mayor Powers may also violate by-laws established in Aurora
that provides accepted and legal procedures for governance; and
Whereas Aurora Town Council recognizes the important role each Councillor
provides the residents in their Ward and the community-at-large;
1. Now Therefore Be it Hereby Resolved That the Aurora Town Council opposes
Strong Mayor Powers provided to the Head of Council; and
2. Be It Further Resolved That this approved Motion is to be sent to the Premier
of Ontario, the Honourable Doug Ford; the Minister of Municipal Affairs and
Housing, the Honourable Paul Calandra; the Regional Municipality of York;
and each of the Municipalities in Ontario.
The above is for your consideration and any attention deemed necessary.
Yours sincerely,
Michael de Rond
Town Clerk
The Corporation of the Town of Aurora
MdR/lb
Attachment (Council meeting extract)
Copy: Hon. Paul Calandra, Minister of Municipal Affairs and Housing
Christopher Raynor, Regional Clerk, The Regional Municipality of York
All Ontario Municipalities
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Council Meeting Extract
Tuesday, September 26, 2023
_______________________________________________________________________________________
Page 1 of 2
10. Motions
10.4 Councillor Weese; Re: Aurora Council Opposition to Strong Mayor Powers
in Aurora
Moved by Councillor Weese
Seconded by Councillor Gaertner
Whereas the Head of Council is required to confirm in writing his
commitment to meet a municipal housing target by October 15, 2023, in
order to receive Strong Mayor Powers; and
Whereas the municipality is required to submit a formal housing pledge
which will outline how the municipality plans to meet the housing target by
December 15, 2023; and
Whereas Strong Mayor Powers will result in the Head of Council being
granted powers such as:
• Choosing to appoint the municipality’s chief administrative officer;
• Hiring certain municipal department heads and establishing and re-
organizing departments;
• Creating committees of council, assigning their functions, and
appointing the chairs and vice-chairs of committees of council;
• Proposing the municipal budget, which would be subject to council
amendments and a separate head of council veto and council
override process;
• Vetoing certain by-laws if the head of council is of the opinion that all
or part of the by-law could potentially interfere with a provincial
priority;
• Bringing forward matters for council consideration if the head of
council is of the opinion that considering the matter could potentially
advance a provincial priority; and
Whereas these Strong Mayor Powers undermine democratic processes
executed through municipal elections; and
Council Meeting Extract – Tuesday, September 26, 2023
Page 2 of 2
Whereas Strong Mayor Powers may also violate by-laws established in
Aurora that provides accepted and legal procedures for governance; and
Whereas Aurora Town Council recognizes the important role each
Councillor provides the residents in their Ward and the community-at-
large;
1. Now Therefore Be it Hereby Resolved That the Aurora Town Council
opposes Strong Mayor Powers provided to the Head of Council; and
2. Be It Further Resolved That this approved Motion is to be sent to the
Premier of Ontario, the Honourable Doug Ford; the Minister of
Municipal Affairs and Housing, the Honourable Paul Calandra; the
Regional Municipality of York; and each of the Municipalities in
Ontario.
Yeas (4): Councillor Weese, Councillor Gilliland, Councillor Gaertner, and
Councillor Gallo
Nays (3): Mayor Mrakas, Councillor Thompson, and Councillor Kim
Carried (4 to 3)
September 28, 2023
The Honourable Doug Ford, Premier of Ontario Delivered by email
Premier’s Office, Room 281 premier@ontario.ca
Legislative Building, Queen’s Park
Toronto, ON M7A 1A1
Dear Premier:
Re: Town of Aurora Council Resolution of September 26, 2023
Motion 10.2 - Mayor Mrakas; Re: Gender-Based and Intimate Partner Violence
Epidemic
Please be advised that this matter was considered by Council at its meeting held on
September 26, 2023, and in this regard, Council adopted the following resolution:
Whereas 42 municipalities and regions including OBCM (Ontario Big City Mayors)
and MARCO (Mayors and Regional Chairs of Ontario) members Ajax, Brampton,
Burlington, Clarington, Hamilton, London, Oakville, Ottawa, Pickering, Whitby,
Toronto, and Windsor, along with Peel, Durham and Halton Regions as well as
Lanark County, Essex County and Renfrew County across Ontario have declared a
gender-based violence and/or intimate partner violence epidemic (as of August
18, 2023); and
Whereas on August 16, 2023, Justice Minister Arif Virani described gender-based
violence as “an epidemic” in the federal government’s formal response to a
coroner’s inquest, also stating that his government is committed to ending the
gender-based violence epidemic “in all its forms, and is working to address any
gaps in the Criminal Code to ensure a robust justice system response”; and
Whereas by declaring gender-based violence and intimate partner violence an
epidemic, the Town of Aurora can join the growing number of municipalities and
regions in demanding action from all levels of government to address this growing
epidemic; and
Whereas the incidences of gender-based violence and intimate partner violence
increased exponentially throughout the COVID-19 pandemic and has not
decreased, while funding to provide the growing demand of services and support
Legislative Services Michael de Rond 905-726-4771 clerks@aurora.ca Town of Aurora 100 John West Way, Box 1000 Aurora, ON L4G 6J1
Town of Aurora Council Resolution of September 26, 2023
Gender-Based and Intimate Partner Violence Epidemic
September 28, 2023 2 of 3
for victims and survivors of intimate partner and gender-based violence has not
kept pace;
1. Now Therefore Be It Hereby Resolved That the Town of Aurora declare gender-
based violence and intimate partner violence an epidemic; and
2. Be It Further Resolved That the Town of Aurora recommend that gender-based
violence and intimate partner violence be declared an epidemic in the Province
of Ontario; and
3. Be It Further Resolved That the Town of Aurora Requests That the Federation
of Canadian Municipalities (FCM), the Association of Municipalities of Ontario
(AMO), and all municipalities and regions in Ontario declare a gender-based
and intimate partner violence epidemic across the country; and
4. Be It Further Resolved That the Town of Aurora Requests That the provincial
and federal governments enact the additional 85 recommendations from the
inquest into the 2015 murders of Carol Culleton, Anastasia Kuzyk, and Nathalie
Warmerdam in Renfrew County, Ontario, which provide a roadmap to
preventing intimate partner violence from escalating to femicide; and
5. Be It Further Resolved That the Town of Aurora Requests That the federal
government starts this enactment by adding the word Femicide as a term to
the Criminal Code of Canada; and
6. Be It Further Resolved That the Town of Aurora Requests That the provincial
and federal governments provide the necessary support to municipalities,
regions, and their emergency and social services to meaningfully address the
gender-based violence and intimate partner violence epidemic.
The above is for your consideration and any attention deemed necessary.
Yours sincerely,
Michael de Rond
Town Clerk
The Corporation of the Town of Aurora
MdR/lb
Attachment (Council meeting extract)
Town of Aurora Council Resolution of September 26, 2023
Gender-Based and Intimate Partner Violence Epidemic
September 28, 2023 3 of 3
Copy: Rt. Hon. Justin Trudeau, Prime Minister of Canada
Leah Taylor Roy, MP Aurora—Oak Ridges—Richmond Hill
Tony Van Bynen, MP Newmarket—Aurora
Hon. Michael Parsa, MPP Aurora—Oak Ridges—Richmond Hill
Dawn Gallagher Murphy, MPP Newmarket—Aurora
Federation of Canadian Municipalities (FCM)
Association of Municipalities of Ontario (AMO)
All Ontario Municipalities
100 John West Way
Aurora, Ontario
L4G 6J1
(905) 727-3123
aurora.ca
Town of Aurora
Council Meeting Extract
Tuesday, September 26, 2023
_______________________________________________________________________________________
Page 1 of 2
10. Motions
10.2 Mayor Mrakas; Re: Gender-Based and Intimate Partner Violence
Epidemic
Moved by Councillor Gilliland
Seconded by Councillor Gallo
Whereas 42 municipalities and regions including OBCM (Ontario Big City
Mayors) and MARCO (Mayors and Regional Chairs of Ontario) members
Ajax, Brampton, Burlington, Clarington, Hamilton, London, Oakville, Ottawa,
Pickering, Whitby, Toronto, and Windsor, along with Peel, Durham and
Halton Regions as well as Lanark County, Essex County and Renfrew
County across Ontario have declared a gender-based violence and/or
intimate partner violence epidemic (as of August 18, 2023); and
Whereas on August 16, 2023, Justice Minister Arif Virani described
gender-based violence as “an epidemic” in the federal government’s
formal response to a coroner’s inquest, also stating that his government is
committed to ending the gender-based violence epidemic “in all its forms,
and is working to address any gaps in the Criminal Code to ensure a
robust justice system response”; and
Whereas by declaring gender-based violence and intimate partner violence
an epidemic, the Town of Aurora can join the growing number of
municipalities and regions in demanding action from all levels of
government to address this growing epidemic; and
Whereas the incidences of gender-based violence and intimate partner
violence increased exponentially throughout the COVID-19 pandemic and
has not decreased, while funding to provide the growing demand of
services and support for victims and survivors of intimate partner and
gender-based violence has not kept pace;
1. Now Therefore Be It Hereby Resolved That the Town of Aurora declare
gender-based violence and intimate partner violence an epidemic; and
2. Be It Further Resolved That the Town of Aurora recommend that
gender-based violence and intimate partner violence be declared an
epidemic in the Province of Ontario; and
Council Meeting Extract – Tuesday, September 26, 2023
Page 2 of 2
3. Be It Further Resolved That the Town of Aurora Requests That the
Federation of Canadian Municipalities (FCM), the Association of
Municipalities of Ontario (AMO), and all municipalities and regions in
Ontario declare a gender-based and intimate partner violence
epidemic across the country; and
4. Be It Further Resolved That the Town of Aurora Requests That the
provincial and federal governments enact the additional 85
recommendations from the inquest into the 2015 murders of Carol
Culleton, Anastasia Kuzyk, and Nathalie Warmerdam in Renfrew
County, Ontario, which provide a roadmap to preventing intimate
partner violence from escalating to femicide; and
5. Be It Further Resolved That the Town of Aurora Requests That the
federal government starts this enactment by adding the word Femicide
as a term to the Criminal Code of Canada; and
6. Be It Further Resolved That the Town of Aurora Requests That the
provincial and federal governments provide the necessary support to
municipalities, regions, and their emergency and social services to
meaningfully address the gender-based violence and intimate partner
violence epidemic.
Yeas (7): Mayor Mrakas, Councillor Weese, Councillor Gilliland, Councillor
Gaertner, Councillor Thompson, Councillor Gallo, and Councillor Kim
Carried (7 to 0)
TOWN OF WASAGA BEACH
30 Lewis Street, Wasaga Beach
Ontario, Canada L9Z 1A1
Tel (705) 429-3844
Fax (705) 429 -6732
mayor@wasagabeach.com
September 28, 2023 Premier of Ontario Legislative Building Queen's Park Toronto ON M7A 1A1 BY EMAIL ONLY Dear Premier Ford, RE: Illegal Car Rally – Provincial Task Force Please be advised that the Council of the Town of Wasaga Beach, during their September 14, 2023 Council meeting
adopted the following resolution regarding illegal car rallies: WHEREAS the prevalence of unsanctioned car rally events has grown in recent years throughout
North America; AND WHEREAS the Town of Wasaga Beach has been the target of unsanctioned car rallies over the
past four years resulting in property damage, threats to public order, and significant risk to people’s safety and enjoyment of their property; AND WHEREAS the protections afforded by the Canadian Charter of Rights and Freedoms are being violated by unsanctioned car rally organizers and participants, thereby infringing on the rights of others and undermined the response of enforcement personnel; AND WHEREAS unsanctioned car rally activity crosses multiple jurisdictions requiring a province
wide coordinated response framework to protect all communities from the same disruption and risk to public safety; THEREFORE BE IT RESOLVED THAT the Town of Wasaga Beach requests that a provincial task force be assembled to create a municipal response framework to protect communities from unsanctioned car rallies with a mandate to include, but not limited to:
Investigate legislative enhancements and tools to assist municipalities in responding and enforcing unsanctioned car rallies.
Investigate expanded powers for municipal law enforcement officers.
Develop a proactive approach to awareness, prevention, enforcement and collaboration across all enforcement personnel, including police, municipal law enforcement officers and other provincial offences officers.
Investigate harsher penalties and increased fines for unsanctioned car rally organizers and participants.
AND FURTHER THAT the Province provide funding to municipalities to assist with the cost in enforcing unsanctioned car rallies; AND FURTHER THAT a copy of this Resolution be sent to the Right Honourable Prime Minister Justin Trudeau, Honourable Doug Ford, Premier of Ontario, the Honourable Michael Kerzner, Solicitor General of Ontario, the Honourable Doug Downey, Attorney General of Ontario, the Honourable Paul Calandra, Minister of Municipal Affairs and Housing, the Honourable Prabmeet Sarkaria, Minister of Transportation, MPP Brian Saunderson, Commissioner of the Ontario Provincial Police, County of Simcoe, FCM, and AMO; AND FURTHER THAT a copy of this resolution be sent to all Ontario municipalities requesting a
letter of support be sent to senior levels of government. Your favourable consideration of this matter is appreciated.
Should you have any questions, please contact me at mayor@wasagabeach.com or (705) 429-3844.
Respectfully yours,
Brian Smith, Mayor Town of Wasaga Beach
cc: Right Honourable Prime Minister Justin Trudeau
Hon. Michael Kerzner, Solictor General of Ontario Hon. Doug Downey, Attorney General of Ontario Hon. Paul Calandra, Minister of Municipal Affairs and Housing
Hon. Prabmeet Sarkaria, Minister of Transportation Brian Saunderson, MPP – Simcoe-Grey Commissioner Thomas Carrique, Ontario Provincial Police County of Simcoe Council Federation of Canadian Municipalities Association of Municipalities of Ontario Ontario Municipalities
Media Release
October 5, 2023
Southwestern Public Health Invites High Risk Community Members for New
Covid-19 Vaccine Formulation
Beginning the week of October 11, Southwestern Public Heath’s vaccination program is opening the doors to
high-risk community members seeking the newest formulation of the Covid-19 vaccine, which targets the XBB
variant of the virus.
Individuals over the age of 65, people who are pregnant and those who are immune suppressed are invited to
book at 410 Buller Street or 1230 Talbot Street by calling 1-833-943-3900 or booking online at covid-
19.ontario.ca/book-vaccine.
“While the past two weeks have seen the health unit’s first shipment of the Moderna XBB vaccine sent to the
regions most vulnerable in long-term care homes, retirement homes and hospitals, we’re now happy to offer
clinics to those living in the community,” says Jaime Fletcher, Program Manager of Vaccine Preventable
Diseases, and the health unit’s Chief Nursing Officer.
Full eligibility for Southwestern Public Health’s Moderna XBB 1.5 clinics includes:
• Pregnant people
• People over the age of 65
• People who are First Nation, Inuit, or Métis (and their household members)
• Adults with immune compromising health conditions making them more susceptible to severe illness.
People must wait an interval of 6 months between their last vaccination or Covid-19 infection and receiving
the new vaccine formulation.
Clinic times, dates, and locations as well as booking information can be found at
www.swpublichealth.ca/covid19. As more vaccine arrives to the health unit, more clinic dates will be added to
the schedule.
-30-
Contact for Interviews:
Megan Cornwell
Communications
mcornwell@swpublichealth.ca | 519-320-0819
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 1 -
LONG POINT REGION CONSERVATION AUTHORITY Board of Directors Meeting Minutes of September 6, 2023
Approved October 4, 2023
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
Zachary Cox, Interim 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, September 6, 2023.
2. Additional Agenda Items
There were no additional agenda items.
3. Declaration of Conflicts of Interest
None were declared. 4. Minutes of the Previous Meeting
a) Board of Directors Meeting of July 5, 2023
There were no questions or comments.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 2 -
A-77/23 Moved by P. Ypma Seconded by D. Beres
THAT the minutes of the LPRCA Board of Directors Meeting held July 5, 2023 be adopted as circulated. Carried
5. Business Arising
No business arising from the previous minutes. 6. Review of Committee Minutes
a) Lee Brown Marsh Management Committee – May 5, 2023
There were no questions or comments. A-78/23 Moved by D. Beres Seconded by P. Ypma
THAT the minutes of the Lee Brown Marsh Management Committee meeting held May 5, 2023 be adopted as circulated. Carried
b) Audit and Finance Committee Meeting of August 24, 2023 There were no questions or comments. A-79/23
Moved by S. Patterson Seconded by D. Brunton
THAT the minutes of the LPRCA Audit and Finance Committee Meeting of August 24,
2023 be approved as circulated. Carried
7. Correspondence
There was no correspondence presented for review.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 3 -
8. Development Applications
a) Section 28 Regulations Approved Permits
Through the General Manager’s delegating authority, 44 applications were approved
over the past two months. LPRCA-119/23, LPRCA-130/23, LPRCA-131/23, LPRCA-133/23, LPRCA-134/23, LPRCA-135/23, LPRCA-136/23, LPRCA-137/23, LPRCA-139-18, LPRCA-140/23, LPRCA-141/23, LPRCA-142/23, LPRCA-143/23, LPRCA-144/23, LPRCA-145/23, LPRCA-145/23, LPRCA-145/23-revised, LPRCA-146/23, LPRCA-148/23, LPRCA-149/23, LPRCA-150/23, LPRCA-151/23,
LPRCA-152/23, LPRCA-153/23, LPRCA-154/23, LPRCA-155/23, LPRCA-157/23, LPRCA-158/23, LPRCA-159/23, LPRCA-160/23, LPRCA-161/23, LPRCA-162/23, LPRCA-163/23, LPRCA-164/23, LPRCA-165/23, LPRCA-166/23, LPRCA-167/23, LPRCA-169/23, LPRCA-170/23, LPRCA-171/23, LPRCA-173/23, LPRCA-176/23, LPRCA-178/23, and LPRCA-179/23.
All of the staff-approved applications met the requirements set out in LPRCA’s policies for the administration of Section 28 of the Conservation Authorities Act.
Staff acknowledged a typo in the location of LPRCA137/23. The property is located
at Concession 15, Lot 1, Sunset Street, Haldimand County - Walpole.
A-80/23 Moved by R. Weisler Seconded by D. Beres
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits report dated September 6, 2023 as information. Carried
9. New Business
a) General Manager’s Report The General Manager provided an overview of operations this past month.
The Lee Brown Marsh Management Committee and LPRCA were pleased to announce two Leighton & Betty Brown Scholarship winners for 2023. Hannah Irvine and Adrian van Hoeve were each awarded $1,000 in support of their education within the environmental field.
The Hemlock Wooly Adelgid (HWA) was recently found in Haldimand at an adjacent property to the Haldimand Conservation Area. Staff surveyed the forest tract at the Haldimand Conservation Area and the HWA was found. The Ministry of Natural
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 4 -
Resources and Forests (MNRF) has provided a one-year emergency registration in Ontario for a product to treat hemlocks, in effect to August 2024. Staff is assessing options, the cost of the product, and a source of funding to purchase the product.
A-81/23 Moved by M. Columbus Seconded by P. Ypma
That the LPRCA Board of Directors receives the General Manager’s Report for July and August 2023 as information. Carried
b) Q2 Financial Report – June 30, 2023
The Manager of Corporate Services reviewed the financials up to and including June 30, 2023.
Revenues to June 30, 2023 represented 62.5% of the annual budget and expenditures 42.8%. Up to and including June 30, 2023, Planning revenues are down 8.8% and the Forestry
revenue has exceeded the 2023 budget of $310,000.
Seasonal camping revenues are exceeding the budget by 2.1%. At the end of the second quarter there were 443 registered seasonal campers, exceeding the budget projection of 430.
Overall, the Authority is in a positive financial position at the end of Q2. A-82/23 Moved by R. Weisler
Seconded by C. Van Paassen
THAT the LPRCA Board of Directors receives the Q2 Financial Report – June 30, 2023 for the fiscal period up to and including June 30th, 2023 as information.
Carried
c) 2023 Meeting Schedule Update The 2023 meeting schedule was originally approved at the September 2022 meeting.
Staff proposed an earlier start time for the December meeting to accommodate a Board and staff Christmas Dinner the same evening.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 5 -
A-83/23 Moved by D. Beres Seconded by C. VanPaassen
THAT the LPRCA Board of Directors approves the proposed time change for the December 6, 2023 meeting of the Board of Directors from 6:30pm to 4:00pm. Carried
d) Regulatory Changes and Reserve Establishment Staff presented a report for the establishment of two new reserves. Staff explained the purpose of the new reserves are to align with the new regulatory changes taking effect January 1, 2024.
The new reserve funds will provide reasonable base for the two programs to ensure funds are available in the future for financial relief in the event of a significant loss of revenue or other financial emergency.
The two new reserves presented are: the User Fee Reserve established to support the Operations/Capital of the self-sustaining programs and services (Forestry & Parks), and the Motor Pool Reserve for the Operations/Capital replacement of the Authority’s Motor Pool fleet and equipment.
A-84/23 Moved by D. Brunton Seconded by P. Ypma THAT the LPRCA Board of Directors approves the establishment of the User Fee
Reserve and Motor Pool Reserve in the amount of $750,000 and $100,000 respectively. Carried The closed session began at 7:08 p.m.
10. Closed Session
A-85/23 Moved by T. Masschaele Seconded by M. Columbus
THAT the LPRCA Board of Directors does now enter into a closed session to discuss:
A trade secret or scientific, technical, commercial or financial information that belongs to the Authority and has monetary value or potential monetary value; or
A position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the Authority.
FULL AUTHORITY COMMITTEE MEMBERS Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Stewart Patterson, John Scholten, Rainey Weisler, Chris Van Paassen, Peter Ypma - 6 -
Carried
The board reconvened in open session at 7:09 p.m.
The closed meeting minutes of July 5, 2023 was approved in the closed session.
Next meeting: October 4, 2023
Adjournment
The Chair adjourned the meeting at 7:09 p.m.
John Scholten Judy Maxwell
Chair General Manager/Secretary-Treasurer /dm
PAGE 01ELGIN COUNTY COUNCIL HIGHLIGHTS
HIGHLIGHTSCOUNCIL
TUESDAY,OCTOBER 10, 2023
IN THIS ISSUE:
Transforming Tomorrow Campaign:
More Care. Closer to Home
Official Plan Amendment No. 4
Transforms West Elgin's
Residential Landscape
Charting the Course: Shaping the
Future of Elgin County
Library Programs
Empowering Health: Elgin County
Homes' Strategic Move for Clear
Medical Directives and EnhancedResident Care
Powering Progress: A Vision for
Sustainable Growth andCommunity Engagement
Securing the Future: Elgin County's
Proactive Approach to Upgradingto Office 365
Modernizing Financial Operations:
Upgrading Accounting Software
Transparency in Action: 2022
Annual Report &
Financial Statements
TRANSFORMING TOMORROW CAMPAIGN:MORE CARE. CLOSER TO HOME
St. Thomas Elgin General Hospital (STEGH)
Foundation representatives presented their
Transforming Tomorrow Campaign to County
Council and to ask for a $2.5M donation
towards the Campaign.
Through this Campaign, our local hospital plans
to expand the Diagnostic Imaging Suite with
the need for $8M in community donations. The
main objective of this campaign is to bring MRI
Technology to the hospital. The Ministry of
Health has committed to funding the MRI
equipment's operation, but the Foundation
needs to raise funds to purchase and install the
MRI machine.
Additionally, the campaign includes a
significant renovation to redesign the space,
ensuring safety for staff and patients while
keeping patients closer to home.
Council forwarded the $2.5M ask to the Budget
Committee for consideration in the 2024
Budget deliberations.
ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 02
The Official Plan Amendment No. 4 to the Official
Plan of the Municipality of West Elgin has been
approved by the County Council with the minor
modifications indicated in the Council report.
This amendment aims to change the land use
designation on the subject lands from ‘Rural
Residential’ to site-specific ‘Rural Residential.’
This change will allow the lands to be used for
residential purposes, including semi-detached and
townhouse dwellings with full Municipal services.
The modified application has received support
from the Municipal staff, MHBC Planning
Consultants, and V&V Enterprises.
OFFICIAL PLAN AMENDMENT NO. 4 TRANSFORMSWEST ELGIN'S RESIDENTIAL LANDSCAPE
In 2022, the library programs were
attended by a total of just over
27,000 people. The evidence so far in
2023 suggests that the popularity of
these programs is still growing in the
post-pandemic era.
Therefore, it is appropriate to
implement a policy that governs the
types of programs that library staff
can host or facilitate. At the same
time, this policy should articulate the
library's commitments to matters
such as intellectual freedom and
responsible use of resources to
deliver these programs.
CHARTING THE COURSE: SHAPING THE FUTURE OF ELGIN COUNTY LIBRARY PROGRAMS
County Council adopted the ‘Elgin County Library Programming and
Partnership Policy’ to govern the selection, development, and delivery of
programs offered by Elgin County Library.
ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 03
The County of Elgin Homes, which includes Bobier Villa, Elgin Manor, and
Terrace Lodge, requires medical directives to provide clear direction and
authority for registered nurses and registered practical nurses. These
directives cover a range of specific duties, including administering
vaccinations (such as Pneumovax, COVID-19, and influenza), medications
for palliative care, and treatments for medical conditions that fall outside
of a resident's prescribed medication and treatment routine.
To ensure timely implementation and high-quality resident care, County
Council approved that the Director of Homes and Seniors Services and/or
Administrator have the authority to approve medical directives after they
have been reviewed and approved by the appropriate people, including the
Homes Medical Director.
EMPOWERING HEALTH: ELGIN COUNTY HOMES' STRATEGIC MOVE FORCLEAR MEDICAL DIRECTIVES AND ENHANCED RESIDENT CARE
The Amazon Fulfillment Centre and Power SE Gigafactory have generated
interest from private sector investors in both industrial and residential land
development across Elgin County.
Elgin’s Economic Development team is working on a joint grant application
to FedDev Ontario to attract investments to the region. The proposed
project aims to position the area as a hub for electric vehicle
manufacturing, leveraging strategic advantages such as location at the
heart of the Great Lakes Automotive Corridor, proximity to the new VW
electric vehicle battery factory, and access to critical minerals.
POWERING PROGRESS: A VISION FOR SUSTAINABLE GROWTH ANDCOMMUNITY ENGAGEMENT
This growth also requires community
engagement initiatives, which will involve local
municipalities and residents to make informed
decisions and balance the benefits and
challenges of growth. Council directed County
staff to meet with Local Municipal Partner
Councils and Chief Administrative Officers to
gain a better perspective into the public
engagement component of this initative.
For the complete October 10, 2023, County Council Agenda Package,
please visit the Elgin County website.
Our Finance Department’s current accounting software, Sage300, is an
older version that was last updated in 2017. As of October 1, 2023, it will be
unsupported but will remain operational for an unknown period of time.
To avoid business interruption and improve efficiency, County Council
approved the update to a newer version of Sage300. This update will help
to simplify the accounting system and provide timely reports for Finance
Staff and support their work with the budget and year-end processes.
ELGIN COUNTY COUNCIL HIGHLIGHTS PAGE 04
SECURING THE FUTURE: ELGIN COUNTY'S PROACTIVE APPROACH TOUPGRADING TO OFFICE 365
The County's Service Delivery Review was followed by a Cyber incident
revealing vulnerable areas in our IT infrastructure. Efforts have since
focused on data protection and software digitization.
To achieve this, County Council approved upgrading the County’s outdated
Microsoft Office Suite to Office 365 (O365), allowing Elgin to move data to
the cloud. The next step is implementing O365, which will be contained
within the 2023 County IT budget.
MODERNIZING FINANCIAL OPERATIONS
The County of Elgin has the obligation to produce
Audited Financial Statements every year and make
them readily accessible to the public. The Director
of Finance/Treasurer of the County, together with
the County’s retained Auditor, Rob Foster of
Graham Scott Enns, presented the 2022 Financial
Statements and Annual Report to County Council.
Shortly after the meeting, these documents were
uploaded to the County's website for public use.
The Financial Statements will also be sent to our
funding partners and the Ministry of Municipal
Affairs and Housing.
TRANSPARENCY IN ACTION: 2022 ANNUAL REPORT & FINANCIAL STATEMENTS
To Mayor and Council
I request that this letter be treated as official correspondence.
Re - Plank Road / Chute Line and northernly bridge in Vienna.
On Sept 1, we had another accident whereby a 16 year old ended up landing up in someone's
backyard. Previous to this was a driver who was impaired who hit the guard rail, flipping the pick up truck
that slid hundreds of feet away from the point of impact. These are only two accidents but I understand
it is an area that vehicle collisions often occur and high speeds around the curve are witnessed.
It is a stretch of road that is on the priority tourism route so is very busy . The area of the bridge in Vienna
on Plank Road is also a destination point of many kayakers who enter/exit the Otter Creek.
Heading south, this small stretch of road just north of Chute Line and the bridge has two sharp turns. The
rate of speed people of many drivers is causing many to cross the centre line into oncoming north-bound
traffic at the bridge .
Heading North out of Vienna there is NO sign alerting drivers of the curve, let alone the severity of it.
Heading South - there are curve signs but nothing indicating the severity of the curves. These signs do not
stand out - they seem to blend in with the landscape.
I’m wondering if there could be additional safety precautions for the southbound traffic be put in
Ie a flashing amber lights on the curve signs, use of a 'danger' sign especially with winter coming, bigger
signage, slower cautionary speed signs.
For commuters going North, perhaps a flashing curve sign should be installed.
Furthermore, can there be a radar blitz at the location of Chute Line and Plank - it is a 50 km/hr zone but
many exceed this speed to the point it is unknown if the drivers can navigate the curve.
I have never seen a ride program in Bayham in 4 years - perhaps in the vicinity of this location would be
beneficial.
My request is that a resolution be passed to escalate the ongoing safety concerns regarding this stretch of
Plank Road to Elgin County and the OPP in the hopes that Elgin County install better, preventative road
signage and more police enforcement of this area.
Below is a post on social media from the September 1 accident and below that there is a picture of
Plank Road heading south where it meets Chute Line - taken today. I see no road signage in this section
alerting drivers of the impending curve that is coming.
Thank you
Laura Edwards
Vienna ON
REPORT
TREASURY DEPARTMENT
TO: Mayor & Members of Council
FROM: Lorne James, Treasurer
DATE: October 19, 2023
REPORT: TR-15/23 SUBJECT: 2023 Q3 VARIANCE REPORT BACKGROUND
The Q3 (third quarter) financial reports are provided for Council’s fiduciary review. This Report provides a summary of current revenue and expenditure to September 30, 2023, and variances to the Operating Budget and Capital Budget. This Report also identifies ongoing opportunities to
invest additional cash-on-hand. DISCUSSION
Operating Budget
The Operating Budget is above expected levels, given the cyclical nature of operations and higher inflationary period. The Municipality is experiencing greater operational pressure due to higher costs and lower revenues in some functional areas. The projected year-end operational deficit is between 2-2.5 percent of total levy ($120,000 to $150,000). Capital Budget The Capital Budget is generally consistent with expected levels with some capital savings in General Government attributed to underages to-date on the Strategic Plan and website, while the Pressey Road works were fifteen percent above budget. Of note are the savings associated with the Bayham Drive project, joint and ongoing with Tillsonburg. The total Bayham apportionment for this project is $147,734 versus the $250,000 budget. Overall, the projected year-end capital surplus is approximately 1.5-1.7 percent, relative to the levy ($100,000), due to unused Gas Tax and OCIF funding, which can be carried over and used in future years.
Financial Impacts
The 2023 Q3 Operating Revenue & Expense Variance Report is attached to this Report and provides an overview of the 2023 Budgeted versus Actual Revenues and Expenditures as of September 30, 2023, including a column identifying the Percentage Consumed.
Revenues 05.20 included investment losses due to sale of the LAS OneFund. This was identified in Report TR-12/23, and is a slight decrease relative to budgeted revenues. Police and Fire Services recoveries are down to-date. The former is due to a lack of Provincial Offences revenues. The latter is due to timing of billing. The Municipality may be able to recoup $10,000 to $15,000 in recoverables from Fire Services billing in Q4 2023.
Building Services is only at 43 percent of expected revenues to-date, which equates to $61,417 less revenue. Revenues from the water and wastewater systems are all down slightly. However, the Municipality did receive RPRA grants for the recycling portfolio through the end of Q2. This
was not budgeted for/not expected, and has somewhat of a mitigating influence. Expenditures
The primary expenditure impact, due to its relative size, is Roads. Roads is 9 percent over budget for the end of Q3 2023, which equates to $167,294 in costs. Other expense lines to focus on include Cemeteries (predominantly for grass cutting), Parks & Recreation (some increases due to materials replacement and new beach contract), Straffordville Community Centre (higher-than-expected maintenance costs), and Waste Disposal (new rate with Norfolk Disposal). Expenditures in the water and wastewater systems are below expectations to-date, generally due to the cyclical nature of the services and associated costs. To reduce operational costs in Q4 2023, staff are working to rein in discretionary operational expenses. The Municipality will be reducing cleaning service levels in certain Municipal facilities and reducing contractor hours with respect to by-law enforcement processes. It is expected that
these reductions may save the Municipality $15,000 in Q4 2023. Should the Municipality realize a deficit in 2023, the deficit can be made up through Reserves or
through the 2024 tax levy. Staff are of the opinion at this time that Reserves would be the best approach. The primary Reserve for this would be the Road Construction Reserve.
Investments The Municipality has an opportunity again to consider another round of investing of short-term (1-year) GICs with returns above 5.5 percent. Due to a strong quarter of collections of tax arrears and other receivables, Bayham has excess cash-on-hand, which can be considered for short-term investment. Council may wish to consider allocating $250,000 to $500,000 into a termed GIC investment. The offered 1-year rate is 5.69 percent. Current rates are attached to this Report. Additionally, the $500,000 GIC that Council authorized last fall by way of Report TR-13/22 was automatically renewed through RBC with interest accrued. The balance of $523,950 was
renewed for a one-year term at 5.75 percent. STRATEGIC PLAN
3.2: Quality of Governance > To continually demonstrate financial responsibility to the community.
Initiative(s): Not Applicable.
ATTACHMENTS 1. Appendix A: 2023 Q3 Operating Revenue & Expense Variance Report 2. Appendix B: 2023 Q3 Capital Expense Variance Report
3. Appendix C: RBC Investment Proposal – Municipality of Bayham, dated October 11, 2023 RECOMMENDATION
1. THAT Staff Report TR-15/23 re 2023 Q3 Variance Report be received for information; 2. AND THAT Council provide direction regarding the investment of excess cash-on-
hand. Respectfully submitted: Reviewed by:
Lorne James, CPA, CA Thomas Thayer, CMO, AOMC Treasurer Chief Administrative Officer
Revenues
05.10 General Taxation $5,725,096 $5,743,102 100%
05.20 Other Revenues $744,717 $1,026,000 73%investment loss from sale
10.10 General Government $65,447 $77,000 85%
10.20 Council -$1,100 $0 reimburse election fees
20.10 Fire Services $2,395 $20,000 12%reduced cost recoveries
20.20 Police Services $135 $12,000 1%no poa revenue from county to note
20.30 Conservation Authority $0
20.40 Building Services $82,583 $192,000 43%reduced volume of permit impacting revenue
20.50 Bylaw Enforcement Services $6,178 $0
25.10 Roads $402,972 $560,418 72%
25.20 Winter Control $1,307 $3,000 44%
25.40 Street Lights $0
30.10 Water $486,736 $770,554 63%
30.15 Richmond Water $65,812 $100,012 66%
30.30 Waste Disposal $129,115 $71,000 182%one time RPAA grants
30.20 Waste Water $664,498 $1,042,500 64%
35.20 Cemeteries -$167 $2,000 -8%care and maintenance disbursement
40.10 General Assistance $0
45.10 Parks & Recreation $2,410 $2,600 93%
45.20 Straffordville Community Centre $14,025 $8,000 175%
45.40 Libraries $40,800 $74,526 55%county behind in q3 payment
45.50 Museums $8,893 $16,200 55%lower student grants
50.10 Planning, Development & Tourism $53,723 $60,000 90%
50.15 Tourism & Marketing $15,015 $15,000 100%
50.20 Environmental Services $134 $6,500 2%drainage super grant not booked yet
Capital $1,581,907 $5,684,251 28%
Expenditures
05.10 General Taxation $0
05.20 Other Revenues $0
10.10 General Government $1,038,536 $1,310,386 79%higher bulding maintenance and legal fees
10.20 Council $70,964 $95,189 75%
20.10 Fire Services $419,270 $573,283 73%
20.20 Police Services $471,724 $964,904 49%
20.30 Conservation Authority $105,068 $106,215 99%timing of CA billing
20.40 Building Services $87,222 $133,914 65%
20.50 Bylaw Enforcement Services $42,510 $51,145 83%
25.10 Roads $1,504,742 $1,783,624 84%higher costs from weather events and maintenance
25.20 Winter Control $48,966 $123,315 40%
25.40 Street Lights $29,597 $36,500 81%
30.10 Water $438,612 $770,554 57%
30.15 Richmond Water $40,701 $100,012 41%
30.20 Waste Water $469,254 $1,042,500 45%
30.30 Waste Disposal $411,912 $464,000 89%
35.20 Cemeteries $31,610 $17,500 181%grass bilings to be sent out
40.10 General Assistance $5,300 $7,000 76%
45.10 Parks & Recreation $85,738 $93,793 91%
45.20 Straffordville Community Centre $56,147 $56,788 99%higher maintenance costs
45.40 Libraries $34,660 $74,526 47%
45.50 Museums $47,269 $56,645 83%
50.10 Planning, Development & Tourism $134,122 $171,921 78%
50.15 Tourism & Marketing $49,033 $64,713 76%
50.20 Environmental Services $3,330 $15,736 21%
Capital $3,986,018 $7,372,500 54%
Municipality of Bayham
Appendix A: 2023 Q3 Operating Revenue and Expense Variance Report
2023 Actuals 2023 Budget % Consumed
2023 2023 %
Actuals Budget Consumed Funded Via:Status
General Government
Market Analysis 18,724$ 15,000$ 125% Working Capital Reserve Done
Development Charges Study 3,526$ 35,000$ 10% Working Capital Reserve Portion will continue into 2024
Strategic Plan Update 4,834$ 30,000$ 16% Liability Reserve Expected under budget
Website Redevelopment 16,165$ 45,000$ 36% Liability Reserve Expected under budget
Liability Reserve Transfer 15,000$ 15,000$ 100% Levy
Working Capital Transfer 10,000$ 10,000$ 100% Levy
Election Reserve Transfer 15,000$ 15,000$ 100% Levy
Guarantorship Loan Reserve Transfer 1,100,000$ 1,100,000$ 100% Levy
Shared Service Agrement 10,176$ Working Capital Reserve Done
Fire
Pumper 1 -$ 550,000$ 0% Fire Equipment Reserve/Levy Arrives in 2024
Bunker Gear 11,707$ 13,000$ 90% Levy Done
Portable Radios -$ 8,000$ 0% Levy
Generator Fire Hall 37,636$ Contigency Reserve
Rope and Clutch 4,503$ Levy
Roads
Bayham Drive 147,734$ 250,000$ 59% Gas Tax Nearing completion
Tollgate Rd.109,946$ 250,000$ 44% OCIF
Chapel St.26,021$ 25,000$ 104% Levy Done
James Line 91,290$ 160,000$ 57% OCIF Waiitng on tar and chip invoice
Pressey Line 486,198$ 425,000$ 114% OCIF Done
Gravel Program 157,198$ 190,000$ 83% Gas Tax Done
Sidewalks 98,337$ 100,000$ 98% Levy Done
Road Signs -$ 7,500$ 0% Levy
Guardrails -$ 10,000$ 0% Levy
Road Side Brushing -$ 30,000$ 0% Levy
Hill Management 4,747$ 30,000$ 16% Levy
Water
Equipment - Richmond 9,910$ 15,000$ 66% Water Reserve
Pickup Truck 26,422$ 20,000$ 132% Water Reserve Done
Vienna Water Service 1,212,760$ 1,276,000$ 95% Water Reserve/Green Stream Grant Done, holdback to be setup
Waster Water
System Equipment 30,249$ 45,000$ 67% Wastewater Reserve
Transfer Switches -$ 60,000$ 0% Wastewater Reserve
Pickup Truck 26,422$ 20,000$ 132% Wastewater Reserve Done
Manhole rehab -$ 25,000$ 0% Wastewater Reserve
IT Work 7,301$ Wastewater Reserve
Parks
Vienna Community Park 5,699$ 135,000$ 4% Vienna Reserve Fund
Port Burwell Ball Diamond 8,440$ 200,000$ 4% Parks and Playground Reserve/ Levy Deferred to 2024
PB Library Pavilion 21,830$ 50,000$ 44% Levy
Corinth Park -$ 15,000$ Levy
Facilities
Facility Audits 35,000$ 0% Levy Deferred to 2024
PB Lighthouse 82,317$ 225,000$ 37% Facilities Reserve/ Levy
SCC Expansion 73,395$ 2,030,000$ 4% Facilities Reserve/ ICIP Grant
Planning and Development
Official Plan Review -$ 35,000$ 0% Levy
Municipality of Bayham
Appendix B: 2023 Q3 Capital Expense Variance Report
P a g e | 1
This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be
disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada.
INVESTMENT OPTIONS
OCTOBER 11TH, 2023
GUARANTEED INVESTMENT CERTIFICATES
RBC offers a wide range of CAD term investment options to meet your needs. Below you will find the details for various terms of our Non-Redeemable GICs. Principal and interest as described are
Guaranteed by RBC Royal Bank. Rates are calculated on a per annum basis.
1) Non-Redeemable GIC:
This GIC offers a fixed rate of interest for a specific term, with both principal and interest payments guaranteed. There are a wide choice of terms and options. Funds are not available prior to the maturity date.
Term RBC Non-Redeemable Guaranteed Investment Certificate Rate
30 days 5.38%
60 days 5.55%
90 days 5.65%
120 days 5.70%
150 days 5.73%
180 days 5.77%
270 days 5.77%
1 year 5.69%
*** Rates are applicable today and are subject to change. ***
2) Redeemable GIC:
This GIC offers a fixed rate of interest for a specific term, with both principal and interest payments guaranteed. There are a wide choice of terms and options. Redeemable GIC’s may be partially or fully redeemed prior to maturity however are subject to the below prior redemption rates.
Term RBC Redeemable Guaranteed Investment Certificate Rate
1 year 5.55%
*** Rates are applicable today and are subject to change. ***
P a g e | 2
This document contains confidential, proprietary, and trade secret information of RBC Royal Bank of Canada and may not be
disclosed to third parties or duplicated without the prior written consent of RBC Royal Bank of Canada.
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: October 19, 2023
REPORT: CL-12/23 SUBJECT: MUNICIPAL ASSISTANCE – PORT BURWELL LEGION REMEMBRANCE
DAY PARADE
BACKGROUND Community groups may request through Council use of roads, facilities, materials and funds to host events. Generally, community groups submit to staff their requests in Q1 for Council to
consider all at one time to ensure adequate staffing and municipal resources. However, additional requests may be received outside of this window. Council has provided direction for staff to report back with a Municipal Assistance Policy for consideration that would help
strengthen this process and timelines for approvals. DISCUSSION The below information outlines the request received from the Port Burwell Legion to host a Remembrance Day Parade: Organization: Port Burwell Legion Event: Remembrance Day Parade Date: Sunday, November 5, 2023 Facility Requested: Service at Cenotaph Road Closure Required: Yes – Start at Legion, proceed up Wellington, turn left onto Robinson, turn left onto Pitt and end at the Cenotaph Special Requests (Materials): N/A
STRATEGIC PLAN
Not applicable. RECOMMENDATION THAT Report CL-12/23 re Municipal Assistance – Port Burwell Legion Remembrance Day
Parade be received for information;
AND THAT the proposed road closures and use of Municipal lands for the Port Burwell Legion Remembrance Day Parade be approved, subject to provision of liability insurance certificate in
the minimum amount of $2,000,000.00 naming the Municipality of Bayham as an additional insured; AND THAT a staff presence for road closure purposes be approved with the ability to utilize the OPP as a backup and, if utilized, compensate from the Municipal Assistance budget;
AND THAT staff be directed to advise external agencies of the approved event and obtain County approval for use of Robinson Street;
AND THAT staff be directed to further coordinate details of the events with the event contacts; AND THAT the Municipality of Bayham reserves the right to revoke said approvals at any time for any reason. Respectively Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 19, 2023
REPORT: CAO-53/23 SUBJECT: EXTENSION OF SITE PLAN AGREEMENT – JOHN AND JENNIFER KLASSEN
– 9253 PLANK ROAD, STRAFFORDVILLE (APPLICATION NO. SPA-06/21)
BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022,
be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022,
Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of
Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO is delegated authority is assigned under Section 6(1) of By-law No. 2022-046. On October 6, 2022, Council received Report CAO-56/22 re Site Plan Agreement – John and
Jennifer Klassen – 9253 Plank Road, Straffordville (Application No. SPA-06/21) for information purposes only. The Report identified that, under delegated authority, the CAO entered into a Site Plan Agreement with John and Jennifer Klassen for expansion of an auto parts business. Under Section 26 of the Agreement, the development was to be completed in full by September
30, 2023. DISCUSSION In August 2023, the Municipality received a request from Klassen to amend the Agreement by extending the date noted in Section 26 until May 31, 2024 due to materials shortages, which have impacted the ability to finish catch basin installation and paving works. Staff has drafted and executed an amending Agreement with Klassen to ratify the extension. The extension is for an eight-month period to permit completion of the works identified in the original Agreement. The amending Agreement was executed on September 29, 2023. A copy of same is attached.
As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only.
STRATEGIC PLAN
Not applicable. ATTACHMENT
1. Executed Amending Agreement between The Corporation of the Municipality of Bayham and John and Jennifer Klassen, 9253 Plank Road, Straffordville
RECOMMENDATION 1. THAT Report CAO-53/23 re Extension of Site Plan Agreement – John and Jennifer Klassen – 9253 Plank Road, Straffordville (Application No. SPA-06/21) be received for information. Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 19, 2023
REPORT: CAO-54/23 SUBJECT: SITE PLAN AGREEMENT – LATIMER – 54296 HERITAGE LINE,
STRAFFORDVILLE (APPLICATION NO. SPA-02/23)
BACKGROUND At its June 2, 2022 meeting, Council received Report DS-34/22 re Bill 109, the More Homes for
Everyone Act, 2022. Report DS-34/22 presented Council with amendments to the Municipality’s existing site plan control by-law – By-law No. 2016-047 – and recommended that, to ensure compliance with Bill 109, More Homes for Everyone Act, 2022, the Chief Administrative Officer (CAO) be appointed to be the Site Plan Control approval authority for the Municipality. Council passed the following motion: Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT Report DS-34/22 regarding Bill 109, the More Homes for Everyone Act, 2022,
be received for information; AND THAT in consideration of the IBI Group Memorandum, dated May 26, 2022,
Council directs staff to proceed with Option 3; AND THAT an Appointment By-law be brought forward to appoint the Municipality of
Bayham’s Chief Administrative Officer (CAO) as the approval authority for Site Plan Control applications.
Council subsequently adopted By-law No. 2022-046, Site Plan Control By-law, on June 16, 2022. The CAO’s delegated authority is assigned under Section 6(1) of By-law No. 2022-046. In June 2023, a Site Plan Control Application (attached) was received from Craig and Elisabeth
Latimer (Latimer) for the property known municipally as 54296 Heritage Line, Straffordville. The application was deemed complete by Planning staff on October 4, 2023.
DISCUSSION The Site Plan Control Application from Latimer follows an approved Zoning By-law Amendment for the subject lands. Latimer requested Site Plan Control to construct two (2) proposed additions – one of 163 m2 (ft2) to replace and enlarge an existing storage building, and the second of 111.5 m2 (ft2) on the north side of the existing shop. Other site alterations were also required to ensure a fire route on the wide side of the rear of the building, and adding a swale to address drainage. The final, stamped site plan/lot grading drawings and securities details were received on October 4, 2023.
As the CAO is the delegated authority for Site Plan Control approval, this information is provided for informational purposes only. STRATEGIC PLAN Not applicable.
ATTACHMENTS
1. Site Plan Control Application – Latimer, 54296 Heritage Line, Straffordville 2. Executed Agreement between The Corporation of the Municipality of Bayham and
Latimer, 54296 Heritage Line, Straffordville RECOMMENDATION 1. THAT Report CAO-54/23 re Site Plan Agreement – Latimer – 54296 Heritage Line,
Straffordville (Application No. SPA-02/23) be received for information. Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 19, 2023
REPORT: CAO-55/23 SUBJECT: BENEFITS AND COSTS – BLUE FLAG STATUS AT THE PORT BURWELL EAST
BEACH BACKGROUND
At its February 16, 2023 meeting, Council received 1) Report CL-01/23 re Committee Policy and
Committee Terms of Reference, and 2) By-law No. 2023-014, being a by-law to establish a
Waterfront Advisory Committee. Council passed the following motions:
First motion:
Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report CL-01/23 re Committee Policy and Terms of Reference be received for information;
AND THAT the establishing by-laws for the:
Joint Cemetery Board
Museum Advisory Committee
Waterfront Advisory Committee
and an Advisory Board and Committee Policy be brought forward for Council’s
consideration;
AND THAT the remuneration for the Property Standards Committee Members is $100/Meeting; AND THAT staff be directed to advertise a call for applications to Committees of Council. Second motion:
Moved by: Councillor Chilcott Seconded by: Councillor Froese
THAT By-law Nos. 2023-009, 2023-010, 2023-012, 2023-013, 2023-014 and 2023-015 be read a first, second and third time and finally passed.
At its June 1, 2023, Council received an Advisory Board & Committee Resolution from the
Waterfront Advisory Committee (WAC) regarding Recommendations from the May 16, 2023
WAC Meeting. Council passed the following motion:
Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT the Waterfront Advisory Committee resolution from the May 16, 2023 Meeting that includes recommendations to Council be received for information; AND THAT staff be directed to report to Council on the cost implications of the Blue Flag Beach Status prior to the 2024 application; AND THAT staff be directed to report to Council prior to 2024 budget deliberations on alternative beach accessibility options other than mobimats.
Staff have since been advised that the application is due on November 16, 2023 for the 2024 application cycle, necessitating a Report to Council at this time.
DISCUSSION
This Report is intended to provide an overview to Council of the benefits and costs associated with annually maintaining Blue Flag status at the Port Burwell East Beach. Some of the costs identified are attributed to the level of service provided and requirement to maintain same with respect to lifesaving equipment and general beach grooming. It should be noted that if Blue Flag status is not sought in future years, these costs may continue as an established level of service at the East Beach, unless Council directs otherwise. Costs – Application The Municipality makes an annual Blue Flag application through Swim, Drink, Fish (SDF). SDF
acts as a conduit for the Municipality to Blue Flag International, who act as the international jury for the Blue Flag program. The application cost is $1,250, invoiced early in the applicable fiscal year.
The Municipality must update its Environmental Health and Safety Survey (EHSS) for the East Beach every 3-4 years. The EHSS is a safety audit of the Beach and amenities, performed by
the Lifeguard Society. The next update is scheduled for 2024. The cost to complete the Survey update in support of the Blue Flag program is $2,500. Combined, the Municipality’s upfront cost for a 2024 application to ensure all documentation is submitted and up-to-date is $3,750. Costs – East Beach Seasonal Expenses The Municipality spent $61,006.20 on the East Beach in 2023, and will receive $15,000 in revenues from the food booth contract. These are general costs/revenues associated with ensuring a public beach has amenities for its patrons and are not necessarily tied to Blue Flag requirements. The Expenses document is attached, as provided by Public Works. In discussion with the Manager of Public Works, if Council chose to move away from the Blue
Flag status, there are very few areas in which to possibly save money, or, put another way, retaining the status does not require the Municipality to incur much additional cost for the East
Beach. The majority of the costs are associated with ensuring the East Beach and area are clean. When combining the Contractor cost and staff/machine time for beach raking and seasonal clean-ups, the Municipality incurs $41,743.80. Without Blue Flag status, there may be the opportunity to reduce costs by approximately $8,000, but the East Beach will still have to be cleaned at either end of the season, and the main washroom facilities would have to be maintained regularly. The East Beach will continue to attract patrons regardless of its status, which necessitates a level of service to ensure aesthetics and safety. What is not quantified in the attachment is any staff time required to arrange and attend educational programming required to maintain the Blue Flag designation. While a lesser cost associated with the East Beach, arrangement of and attendance at flag-raisings, clean-ups, and other applicable sessions is approximately $1,000 in staff time.
Ultimately, it is difficult to ascribe a specific dollar value to the general beach expenses that would be required for Blue Flag status over and above general beach operations but, relative to
overall beach expenses, this value is likely less than 20 percent. Costs – Water Testing
The Municipality is required to conduct a certain frequency of e.Coli and streptococcal bacteria. Strep is conducted monthly and e.Coli is conducted weekly. Weekly e.Coli testing is over and
above the requirements under the Blue Flag program. Testing costs per year average approximately $250, which is a nominal amount for the service received. SWPH, who tests for e.Coli weekly for the East Beach, picks up the cost so there is no expense to Bayham for this testing. Costs – Waterfront Advisory Committee Council established, through By-law No. 2023-014, a Waterfront Advisory Committee (WAC) to, in part, oversee and recommend to Council on matters pertaining to the Port Burwell East Beach. Under Blue Flag requirements, the Municipality must have a management committee for the East Beach, which it does via the WAC.
The WAC meets four (4) times per year and discusses such matters once per quarter, including educational programming, budget recommendations, by-law enforcement, and parking matters.
To ensure proper conduct of the WAC, including Agenda, Memo, and Minutes preparation, and staff attendance at quarterly meetings, staff estimate the staff time cost at approximately $3,200 per year.
Benefits The benefits of the Blue Flag status are more difficult to quantify than costs so, qualitatively, they must be weighed against the costs of providing the service level and applying for Blue Flag status. The East Beach has grown in popularity, as evidenced by instances of parking calls to the East Beach, particularly during long weekend. However, it is generally unknown if the increasing beach usage is due to the Blue Flag status, or because it is seen as a viable, nearby alternative to other, larger area beaches such as Port Stanley. Further, Bayham does not have the infrastructure in place to charge for parking. It is assuming that free parking, based on availability, may also be a draw. There is also the question of whether the general community and/or average East Beach user understands what Blue Flag status means for the beach. The
Municipality does not collect data on these metrics.
The above being noted, the Blue Flag status does allow the Municipality to more widely-advertise its beach and its status on its communication avenues, or through other means such as Elgin County Tourism. The Blue Flag status requires a guaranteed level of service to any beach-goer. This is a benefit to beach users as it identifies a beach with quality amenities and regular oversight regarding safety, first aid, environmental protection and programming, and water quality. If the East Beach were to lose its status – whether by Council direction or unsuccessful application – Council would have to maintain the high level of service by choice rather than by necessity. Council may choose not to do this, and may strategically reduce service at its discretion should the status not be sought or received in a calendar year. This is alluded to above in the Costs section regarding East Beach Seasonal Expenses. The final benefit to note is community interest and involvement in the East Beach by way of the
WAC. While there are staff costs to consider, the WAC functions as a Committee of Council and encourages community application and involvement in recommendations that are intended to be presented to Council for consideration. Historically, the previous incarnation of the WAC (the
Blue Flag Beach Advisory Committee) did not function as smoothly as it could have, nor with defined reporting structures to and from Council. The WAC now has these established by a by-law and Terms of Reference.
STRATEGIC PLAN
Not applicable. ATTACHMENTS 1. 2023 Port Burwell East Beach Expenses RECOMMENDATION
1. THAT Report CAO-55/23 re Benefits and Costs – Blue Flag Status at the Port Burwell East Beach be received for information; 2. AND THAT Council provide direction regarding at 2024 Blue Flag application. Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
2023 Port Burwell East Beach Expenses
Water Consumption
Food Booth 55 cube @ 4.10/cube $225.50
Washroom 409 cube @ 4.10/cube $1,676.90
Total $1,902.40
Hydro
2023 $ 3,110 $3,110
Beach Contractor
Contractor Cost $25,000
Cleaning supplies Bags/Cleaners $1,800 $1,800
Total $26,800
Beach Rake
6 hours a week Tractor $219/week x 22 weeks $4,818
4 hours per week Operator $140/week x 22 weeks $3,080
Maintenance on Rake Material $600 $600
Total $8,498
Student Hours - 10 Hours a week $ 250 x 22 weeks $5,500
Safety Equipment time
Life Rings/Reaching Poles $1,100 $1,100
Portable toilets
Accessible $1,730
Regular $1,100
Pumpouts $2,400
Total $5,230
First Aid Supplies Misc. Items $620 $620
Picnic Table Maintenance $200/Table x9 $1,800
Spring/Fall Clean up
Machine Time Trucks $2,619.10 @ 22 hours $2,619.10
Loader $2,461.80 @ 22 hours $2,461.80
Staff Time $35 @ 44 Hours $1,540
Set up Time $35 @ 36 hours $1,260
Machine time $87.80 @5 hours $439
Take out Time $35 @ 21 hours $735
Total $6,445.80
Grand Total $ 61,006.20
Concession Payment $3,000/Month $ - 15,000
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: October 19, 2023
REPORT: CAO-56/23 SUBJECT: ROADS MAINTENANCE AGREEMENT – ELGIN COUNTY
BACKGROUND
By Ministerial Order made at the time of municipal restructuring/amalgamation on January 1, 1998, Elgin’s constituent lower-tier municipalities (LMPs) became obligated to maintain roads and related infrastructure under the jurisdiction and ownership of Elgin County. Through 2012, the terms of such
an arrangement were incorporated in a summary-style agreement, which was found at the time to be inadequate for confirming rights, obligations, and operational processes.
Effective January 1, 2013, a comprehensive Roads Maintenance Agreement (RMA) was developed to better express the details of the relationship. The RMA generally employs a five-year term.
At its January 4, 2018, Council received By-law No. 2018-008, to adopt a new RMA for Bayham and Elgin County. Council passed the following motion: Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-Laws 2018-001, 2018-002, 2018-005, 2018-006 as amended, 2018-007, 2018-008, 2018-009 and 2018-010 be read a first, second and third time and finally passed. The RMA (Agreement No. 0651) ended on December 31, 2022, but operations under the RMA have continued in good faith pending a new version for consideration and adoption. In 2021 and 2022, Elgin County retained StrategyCorp as a consultant to lead discussions amongst the representatives of the County and LMPs to address a revised RMA.
DISCUSSION Review and discussion of the RMA language has been ongoing through 2023, with dialogue between the LMPs and the County, and with the LMPs seeking their own legal review on the file.
Recognizing the RMA covers eight area municipalities and complete consensus on aspects of the revised language is not always possible, to the extent able, the language from the StrategyCorp discussions and dialogue between the LMPs and County have been incorporated, with the LMPs
generally agreeing to the content of the draft RMA. On August 9, 2023, County Council received a Report on the County Roads Maintenance Agreement (2023) and passed the following motion:
Moved by: Deputy Warden Jones Seconded by: Councillor Widner
RESOLVED THAT the report titled "County Roads Maintenance Agreement (2023)" dated
July 27, 2023 from the General Counsel be received and filed; and THAT County Council approve the County Roads Maintenance Agreement attached as Schedule "A" to the report titled "County Roads Maintenance Agreement (2023)" as the format for a new County Roads Maintenance Agreements with Elgin's Local Municipal Partners; and
THAT County Council direct staff to prepare and present draft County Roads Maintenance Agreements based upon the said approved format to each of Elgin's Local Municipal Partners; and THAT County Council authorize the Warden and Chief Administrative Officer to execute all
County Road Maintenance Agreements prepared and presented in accordance with Recommendation 3 above on behalf of the Corporation of the County of Elgin
In accordance with the above, Bayham was circulated the RMA from Elgin County in September 2023. The RMA is attached hereto. Key changes for Bayham are highlighted as follows:
Recital d) – to explicitly identify “culvert and drainage facilities” within the scope (also identified in Section 4.1)
Section 1.1 – Guiding Principles for contract interpretation and implementation.
Section 3.2 – Five-year term – January 1, 2023 through December 31, 2027. Sections 4.6/4.11 – Repair and Maintenance Standards per the applicable Minimum Maintenance Standard (MMS). If no MMS, then as outlined in Schedule “C” Section 5.1/Schedule “E” – Annual RMA allocations are specified with calculated monthly payments. Section 5.1/5.2 – Monthly invoicing, and quarterly/annual reporting in keeping with StrategyCorp recommendations. Section 5.4 – Guiding principles for preparation and delivery of service invoices. Section 13/Schedules “J-1” and “J-2” – Establishment of Operations and Governance
Committees, including Terms of Reference for both. Schedules (various) – Inclusion of detailed listing of roads, bridges, culverts, and drainage facilities,
with additional levels of detail; details and scope of services to be provided, including salt management and deer crossing signage; formatting of invoices and reports; and, Terms of Reference for the applicable Operations and Governance Committees.
The RMA includes other minor changes, including updates to language to provide clarity and detail where necessary. Based on a review of the document by staff, including ongoing discussions between area Roads Supervisors on the file and any concerns, staff does not have any major concerns about the changes to the RMA.
Impacts to Bayham Public Works
The primary impact to Bayham’s operations is the additional administrative burden placed on staff, primarily for reporting, inspections, and invoices. The formal addition of County “culvert and
drainage facilities” in the RMA increases the operational resource draw on Public Works to address and administer these functions as flow-throughs for County requirements. The additional quarterly inspection requirements for County infrastructure, and more detailed invoicing requirements
regarding staff and machine time will impact staff time required to steward the files and report to the County on a monthly basis. The inclusion of additional detail in invoicing and reporting may identify instances where the Municipality, through the RMA, is subsidizing the County in unforeseen ways. To mitigate these and associated financial impacts, it is expected that staff will be engaging the County regarding opportunities for joint procurement of homogenous services over the entirety of Elgin County, particularly for such functions as line-painting, roadside cutting/brushing, catch basin cleaning, and County road sweeping. It is expected that joint procurement ventures will provide better value to the LMPs and County, respectively, especially in the case where Bayham may be subsidizing the County for certain functions. The ability to joint procure also has the benefit of providing consistent levels of service to all LMPs involved, while establishing that level of service for the duration of the RMA. Elgin County has far more staff resources than LMPs possess, and it may be possible to leverage their procurement staff in this regard to the mutual benefit of all involved.
Staff recommend that the Chief Administrative Officer be directed to execute the RMA, as presented, and that the RMA be adopted by by-law. STRATEGIC PLAN 3.3: Quality of Governance > 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. Initiative(s): Not applicable. ATTACHMENTS
1. County Roads Maintenance Agreement – County of Elgin and Bayham RECOMMENDATION 1. THAT Report CAO-56/23 re Roads Maintenance Agreement – Elgin County be received for information;
2. AND THAT Council directs the Chief Administrative Officer to execute the Roads Maintenance Agreement between the Municipality of Bayham and Elgin County;
3. AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
COUNTY ROADS MAINTENANCE AGREEMENT
THIS AGREEMENT made effective, in quadruplicate, as of the 1st day of January, 2023.
B e t w e e n:
CORPORATION OF THE COUNTY OF ELGIN (hereinafter called the "County") OF THE FIRST PART
- and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the "Municipality")
OF THE SECOND PART WHEREAS:
a) The County has, by by-law, established certain roads or public highways
located within its boundaries and, further thereto, incorporated such roads, highways, and related bridge facilities into its arterial road system; b) The Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter the
“Municipal Act”), permits a municipality to enter into agreements for the joint
management and operation of, among other things, a road system; c) By Order made by Allan Leach, Minister of Municipal Affairs and Housing on May 15, 1997 and effective January 1, 1998, the responsibility for among
other things, maintenance of the County road system was transferred from
the County to lower-tier municipalities; d) The County and the Municipality as identified above have reached agreement as to the terms by which the Municipality shall undertake such maintenance responsibilities in respect of roads, highways, and related
bridge, culvert, and drainage facilities incorporated in the County road
system and which are located within the boundaries of the Municipality;
NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual covenants herein contained and upon the terms and conditions expressed herein, the parties hereto agree with each other and their respective administrators, successors, and assigns as follows:
1.0 General Guiding Principles
1.1 For purposes of interpretation and implementation of the provisions of this
Agreement, the parties hereto agree that the guiding principles of such provisions include but are not necessarily limited to the following:
(i) The Municipality shall deliver the Services contemplated by this Agreement to the standards outlined herein, including, when and where applicable, to the then current minimum maintenance standards as established by the Province of Ontario, currently as prescribed in O.Reg.
239/02, as amended, entitled “Minimum Maintenance Standards for Municipal Highways” as may be further amended, updated, and/or replaced.
(ii) The Municipality shall deliver the Services contemplated by this Agreement
to the applicable standards as outlined herein, irrespective of annual
operating cost fluctuations.
(iii) The Municipality shall have the discretion and flexibility to perform the Services contemplated by this Agreement utilizing any service delivery method or methods it chooses, so long as the standards outlined herein
are satisfied.
(iv) The annual compensation payable to the Municipality as contemplated by this Agreement is intended to provide fair, reasonable, and sufficient payment for the anticipated average costs of road maintenance and repair
Services to be delivered by the Municipality during an average calendar
year. (v) The Municipality will be entitled to receive the full amount of annual compensation as contemplated by this Agreement, irrespective of annual
operating cost fluctuations.
(vi) In its discretion, the Municipality shall have and exercise financial control
over annual compensation contemplated by and received under this Agreement, including the ability to appropriate all or any part of such compensation to municipal operations and/or resources as it chooses or deems reasonable.
Schedules 1.2 The following schedules are attached to and shall form part of this Agreement:
(i) Schedule "A" referred to as a detailed description of roads and
bridge/culvert/drainage facilities for which maintenance/repair services are required in the Municipality;
(ii) Schedule "B" referred to as a sketch identifying location of relevant County roads and bridge/culvert/drainage facilities in the Municipality;
(iii) Schedule "C", referred to as Scope of Services;
(iv) Schedule “D” referred to as Monthly Invoice Format;
(v) Schedule “E” referred to as Payment Schedule;
(vi) Schedule “F” referred to as Quarterly Road Works Report (Municipality to County) Format;
(vii) Schedule “G” referred to as Year-End Financial Statement (Municipality
to County) Format;
(viii) Schedule “H” referred to as the Winter Road Salt Use and Winter Control Operations Questionnaire Format;
(ix) Schedule “I’ referred to as Quarterly Inspection Report (County to
Municipality) Format;
(x) Schedule “J-1” referred to as Terms of Reference - Operations Committee; and,
(xi) Schedule “J-2” referred to as Terms of Reference - Governance Committee.
For purposes of clarity and with respect to Schedule “C” (including the appendix thereto) above, it is agreed and acknowledged that the obligations, duties, requirements, and standards hereunder must be read and interpreted in conjunction with the complete text of this Agreement, including but not
limited to s. 1.1 above as well as established principles of contract
interpretation.
2.0 Definitions 2.1 For purposes of this Agreement, 2.1.1 “Road”, “County Road”, or “Road Allowance” shall have identical meaning and shall include that area of land comprising and recognized as a public road allowance at law, including but not limited to the travelled
and untravelled portions of any road, highway, street or public right-of-way. 2.1.2 “County Superintendent” shall mean the Director of Engineering Services for the County of Elgin or his or her designate or designates.
“Municipal Superintendent” shall mean the Manager of Public Works for the Municipality or his or her designate or designates.
3.0 Term
3.1 The parties agree that this Agreement shall come into effect as of the 1st day of January, 2023, which date shall hereinafter be referred to as the "Commencement Date". 3.2 This Agreement shall commence on the Commencement Date and shall
continue until the 31st day of December, 2027 (the “Term”) at which time it
shall terminate; provided that the parties, by written Agreement executed prior to December 31, 2027, may extend the Term hereof for a further five (5) year period, commencing on the 1st day of January, 2028, and ending on the 31st day of December, 2032.
4.0 Maintenance/Repair Services
4.1 The Municipality hereby agrees to maintain and keep in repair those Road Allowances and bridge/culvert/drainage facilities, as identified on Schedule "A” and “B” hereto.
4.2 For purposes of clarity, attached as Schedule "B" to this Agreement is a sketch
generally identifying the Roads and bridge/culvert/drainage facilities which are the subject of this Agreement and the maintenance and repair obligations set forth in clause 4.1 above. In the event of a conflict between the provisions of Schedules “A” and “B” hereto, the provisions of Schedule “A” shall prevail.
4.3 For purposes of clarity, 4.3.1 where a County Road intersects a road owned by or otherwise under the jurisdiction of the Municipality, the continuation of the County Road
to its full width across the road so intersected is considered part of the
County Road. 4.3.2 where a County Road intersects a Provincial Highway owned or otherwise under the jurisdiction of the Province of Ontario and/or the
Ministry of Transportation - Ontario, the continuation of the said
Provincial Highway to its full width across the County Road so intersected is deemed to be part of the Provincial Highway and not part of the County Road and, as such, is not subject to the obligations set forth in this Agreement.
4.4 Subject to s. 4.10 below, the Municipality covenants to perform
maintenance/repair services upon those Road Allowances and
bridge/culvert/drainage facilities identified in Schedules "A” and “B” hereto, at all times utilizing competent supervisors and workers properly trained in the delivery of road maintenance and repair services as contemplated by this Agreement. The maintenance/repair services to be provided by the
Municipality and the standards to which such Services are to be provided are
as identified and/or contemplated by the Scope of Services as attached as Schedule “C” hereto, which Schedule further includes photocopies of relevant
Elgin County maintenance/repair policies as reflecting upon performance of
those Services.
4.5 Road maintenance/repair services in addition to the Scope of Services
identified in Schedule "C" may be performed by the Municipality by mutual
agreement between the Municipal Superintendent and the County Superintendent. In the event that additional services beyond those provided for in Schedule “C” to this Agreement or otherwise at law, are required by the County, the County Superintendent may, but is not required to, identify such
services to the Municipal Superintendent and the Municipality, through the
Municipal Superintendent, and the Municipality, through the Municipal Superintendent, shall have the option of either seeking to perform such work or declining to perform such work. In the event that the Municipality seeks to perform such work and save and except in the case of an emergency as
determined by the County Superintendent in his unfettered discretion, the
County Superintendent, or his designate, shall deliver a written scope of intended additional services to the Municipality by the Municipal Superintendent. If the Municipality thereafter seeks to perform such services, the Municipal Superintendent shall prepare and deliver a written cost estimate
to the County Superintendent, who shall have the option of either accepting
the said cost estimate or rejecting such estimate, in which former case, the accepted estimate shall constitute the mutual agreement for such additional services between the parties as referred to above. In the event that the Municipality, in the first instance, rejects the opportunity to seek to perform such
additional services or the County, in the second instance, rejects the written estimate prepared and delivered by the Municipal Superintendent, then in either such instances, the County shall be at liberty to arrange for the additional services to be performed by a third party contractor other than the Municipality.
Without limiting the generality of the foregoing, in the case of an emergency as determined by the County Superintendent and without restricting the authority of the County Superintendent to retain a third party contractor to perform the required work, the requirement for delivery of a written scope of intended additional services is waived and the County Superintendent and the Municipal
Superintendent may agree that the Municipality shall perform such additional services as is required to address the said emergency, under which agreement the said additional services may be costed and invoiced by the Municipality to the County on a time and materials basis, with administrative surcharge(s) not exceeding five percent (5%) of the cost of such services prior to accrual of
taxes; provided at all times that, prior to performance of any such additional services, the terms of such arrangement, including but not limited to costing and invoicing on a time and materials basis, must be confirmed in writing, including by exchange of email, between the County Superintendent and Municipal Superintendent.
In those circumstances in which additional maintenance/repair services are completed by a third party contractor, the County shall take all reasonable steps to ensure that such Works are at all times rendered by workers properly trained in the delivery of road maintenance and repair services as
contemplated by this Agreement and otherwise overseen by competent supervisors and, furthermore and at all times, that such Works shall satisfy any and all applicable provincial and/or Municipality standards, whichever is higher. In those circumstances in which such additional maintenance/repair services
are completed by the Municipality and the Municipal Superintendent is of the opinion that certain road maintenance/repairs are of an emergency nature and that such notice to the County Superintendent is not practical and, as such, the Municipal Superintendent shall have the right to arrange for and complete those emergency services and shall thereafter notify the County
Superintendent within the next working day of the services so provided.
The Municipality shall prepare and deliver an invoice to the County for such additional maintenance/repair services, including any such emergency
services, in accordance with paragraph 5.2 below and the County shall pay
such invoice in accordance with paragraph 5.3 below. 4.6 With respect to standards to which the Scope of Services set forth in Schedule
“C” to this Agreement are to be performed, the parties hereto acknowledge
and/or agree as follows:
4.6.1 As and where applicable and unless otherwise indicated, the parties agree to the application of the regulatory standard to the associated
maintenance or repair Service as specified within the then current Minimum Maintenance Standards established by the Province of Ontario by Regulation passed pursuant to the Municipal Act. In the event of any change to an applicable regulatory standard(s) by the Province of Ontario, the County Superintendent and Municipal Superintendent
shall review such revised standard(s) in relation to the Scope of Services to determine whether the said standards as revised by the Province of Ontario are greater than or less than any applicable requirement(s) of the Scope of Services. In this regard and in the event that the Province of Ontario has revised a standard(s) that is(are) higher than that
applicable to or contemplated by the associated maintenance or repair Service(s), then the parties shall adopt those higher performance standards and, if necessary, present to County Council and Municipal Council any amendments required to this Agreement.
4.6.2 The standards for maintenance and/or repair Service(s) not specified within the Minimum Maintenance Standards are to be performed to the standard referenced in Schedule “C” hereto, including but not necessarily limited to an associated policy referenced and/or attached thereto. Any change in such standard requires the consent of both
parties hereto and a formal written amendment hereto pursuant to s.15.3 herein. 4.7 The County Superintendent and the Municipal Superintendent shall each advise the other of repair and construction works that are scheduled along both
County Roads and intersecting Municipal Roads on an annual basis to permit the Municipality the opportunity to arrange its work schedule in anticipation of those works upon any County Road. The County Superintendent shall also provide to the Municipality, for information purposes only and immediately upon granting of such permits or approvals, copies of any written permits or
approvals which are granted to third parties by the County Superintendent in respect of work upon or use of any County Road Allowance. 4.8 Without limiting the maintenance obligation of the Municipality as set forth above or herein, the parties acknowledge and agree that the Municipality shall
not be called upon to maintain and/or repair a County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to this Agreement where such County Road, bridge/culvert/drainage facility or highway bridge/overpass has been constructed and/or reconstructed by the County or a subcontractor retained by the County to a condition which would
fail to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such construction and/or reconstruction; provided that the Municipality shall be obliged to so maintain and/or repair any such County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to
this Agreement at all times after such infrastructure has been remediated to a condition to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such initial construction and/or reconstruction.
4.9 Further to those maintenance obligations referred to above, the Municipality also agrees to provide routine winter maintenance, including but not
necessarily limited to snow removal and sanding, of highway bridges and overpasses not owned by the County but connecting at least to portions of
County Roads. The parties acknowledge that such highway bridges and
overpasses are identified in Schedules "A" and "B" to this Agreement and that such facility shall be maintained in accordance with the Scope of Services for Elgin Road System attached as Schedule “C” to this Agreement.
4.10 Notwithstanding that set forth in s.4.4 above but at all times subject to the
dispute resolution process detailed in s. 12 below, the parties further agree that in the event of a dispute as to the interpretation of the Scope of Services prescribed by the County for the Elgin Road System, the decision of the County Superintendent, acting reasonably, shall prevail.
4.11 The County and the Municipality, as the case may be and in respect of the
various obligations, acknowledgements, and agreements set forth in this s. 4
above, further acknowledge and agree as follows:
4.11.1 Without limiting the generality of that set forth above but subject to the
review and adoption process provided for in s. 4.6 above, the Municipality hereby specifically acknowledges and agrees that, unless otherwise indicated, the maintenance and/or repair works undertaken upon County Roads, bridge/culvert/drainage facilities and/or highway
bridge/overpass pursuant to this Agreement shall at all times and in all
ways satisfy the then current standards established by the Province of Ontario pursuant to the Municipal Act, and/or any Regulations passed thereunder, including but not limited to those standards established and known municipally as Minimum Maintenance Standards. The
Municipality hereby further acknowledges and agrees that its road maintenance/repair practices are of a nature and of a quality to satisfy all applicable statutory and/or regulatory obligations or standards for maintenance or repair a highway or associated facilities.
4.11.2 The County hereby specifically acknowledges and agrees that, in arranging for completion of works upon any County Road, bridge/culvert facility, and/or highway bridge/overpass, including the construction or reconstruction thereof, by a third-party contractor,
(a) it shall use its best efforts to ensure that such works, by design and upon completion and acceptance, shall satisfy all applicable provincial and/or municipal standards for such construction and/or reconstruction; (b) it shall utilize appropriate contract documents to satisfy the commitment set forth in subsection (a) above;
(c) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of the anticipated timing and detail of such works to be performed by a third party contractor upon any County Road, bridge / culvert facility, and/or highway bridge/overpass to which this Agreement applies;
(d) in circumstances in which deficiencies in the said works are discovered, it shall use its best efforts to seek correction of such deficiencies by the involved contractor, including through reliance upon any warranty provided by such contractor; provided that the
County shall at all times have the discretion to choose not to seek correction of such deficiencies by such contractor or in reliance upon such warranty but to seek correction by any other contractor or through any other arrangement.
(e) during any period of time to which a specific warranty from a third- party contractor who completed Works upon any County Road, bridge/culvert/drainage facility, and/or highway bridge/overpass
shall apply, the Municipality shall not be required to perform maintenance/repair services as contemplated by this Agreement
to improve the condition of such Works to meet any applicable provincial and/or municipal standard prior to such Works being accepted by the County; provided that it is otherwise understood that the Municipality may be required to perform maintenance/repair services in relation to such Works as
contemplated by this Agreement in circumstances in which the applicable standard had been previously achieved as of the date of acceptance of the Works by the County but that, by use or otherwise, such maintenance/repair services are then required to again achieve such standard;
(f) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of both satisfactory performance and completion of works by such third party contractor and/or, in the case of repair or remediation of any defect
or deficiency caused by or attributed to the said or any other contractor, whether pursuant to a warranty or not, satisfactory repair or remediation of such defect or deficiency as well as the resultant commencement or re-commencement of the Municipality’s maintenance and repair obligations as provided for
herein in respect of the said County Road and/or bridge/culvert/ drainage facility; and, (g) upon reasonable demand by the Municipality, the County shall produce to the Municipality any records relating to inspection,
deficiency correction, and/or acceptance of such works by or as
between the County and any involved third-party contractor.
5.0 Payment to the Municipality
5.1 For maintenance/repair services as contemplated by the Scope of Services attached as Schedule “E” hereto, the Municipality shall receive the annual base
payment of $497,226.78 for services rendered during each calendar year of
the Term of this Agreement, provided that the said annual base payment shall be adjusted on an annual basis, effective January 1 of each calendar year of the term of this Agreement, commencing January 1, 2024, in accordance with the Consumer Price Index (CPI) for Ontario (All Goods) for the month of
October of each year, commencing October, 2023. The Municipality shall
submit a summary invoice in accordance with the sample attached as Schedule “D” hereto to the County on or before the 10th day of each month, commencing February 10, 2023, and continuing through and including January 10, 2028 and in accordance with the corresponding monthly percentage of
annual base payment as set out in Schedule “E” attached, for such services
rendered within the previous calendar month, such invoices to provide and, as required, be accompanied by the following reports: 5.1.1 within each such monthly invoice, the Municipality shall confirm the details of at least one (1) inspection of County Roads and bridge/culvert/drainage facilities as contemplated by this Agreement
and completed within the previous month period to which the invoice applies, including the date and time of the inspection and the name of the person completing that inspection;
5.1.2 on or before the 10th day of April, July, October, and January of the Term of this Agreement but furthermore including January 10, 2028, and commencing April 10, 2023, a Quarterly Road Work Report detailing the
Services contemplated by this Agreement and as performed by or on behalf of the Municipality during the previous three (3) full months’ time period, such Report to be prepared and delivered in the format set forth in Schedule “F” hereto;
5.1.3 by February 15th of each calendar year, commencing February 15, 2024, and continuing to and including February 15, 2028, and in
accordance with the format set forth in Schedule “G” hereto, Year-End
Financial Statements detailing total repair/maintenance costs in respect of County Roads, for the previous full calendar year, including but not limited to line items for labour, equipment, material/contracts, administration and other costs for each Service item as identified in
Schedule “C” hereto; and,
5.1.4 by May 10th of each calendar year, commencing May 10, 2023, a complete Winter Road Salt Use and Winter Control Operations Questionnaire for the previous twelve (12) month period ending April
30th of each such calendar year and in the format set forth in Schedule
“H” hereto.
5.2 For additional maintenance/repair services, including emergency services, as
provided for herein and at all times within 60 days of completion of such Services, the Municipality shall, within a monthly invoice prepared and delivered in accordance with ss. 4.5 and 5.1 above, charge the County for the agreed cost of such Services, provided that the details of such work and cost
calculation thereof, including photocopies of any third party charges, are set
forth within such invoice and otherwise accounted for within the applicable Quarterly Report as contemplated in s. 5.1 above. 5.3 The County shall forthwith pay the monthly invoice submitted by the
Municipality in compliance with the requirements set forth in paragraph 5.1 and
5.2 above, provided that the County shall not be required to pay any such invoice submitted by the Municipality which is not in compliance with those requirements and/or in respect of any invoice item which is disputed by the County. In addition and for purposes of clarity, in the event that the Municipality
has failed to deliver a report or reports as contemplated by either paragraph
5.1 above or otherwise failed to comply with its obligations pursuant to paragraphs 5.2 above or 8 or 9 below, the County may withhold ten per cent (10 %) of the value of any then current invoice and all subsequent invoices as rendered to it by the Municipality until the Municipality has corrected such
deficiency and brought itself into compliance with its obligations pursuant to
this section and this Agreement.
5.4 As guidance to the preparation of invoices and/or reports as set forth in this
s. 5.0, the following principles shall apply: 5.4.1 Labour costs should be reported as actual costs of applicable salary
and benefits paid.
5.4.2 Equipment costs should be reported as applicable machine hours, utilizing OPSS-127 rates most recently published by the Ministry of Transportation Ontario.
5.4.3 Material and Contract costs should be reported as invoiced to the Municipality by an applicable vendor. 5.4.4 An annual flat fee of up to 5% of the total annual County Road
Maintenance Allocation may be reported by the Municipality as
administrative charges within its Year-End Financial Statement.
5.5 All other applicable road maintenance/repair expenses related to County
Roads and facilities as contemplated in this Agreement should be reported as “Other” within the Year-End Financial Statement submitted by the Municipality and which Statement should be accompanied by documentation supporting such expenses.
5.6 For purposes of further clarity, the parties hereto acknowledge that payments made and invoices rendered hereunder do not affect assessments applicable
to or charged in respect of Municipal drains established pursuant to the Drainage Act, R.S.O. 1990, c. D.17, as amended.
6.0 Insurance 6.1 The Municipality shall, during the term of this entire Agreement, obtain and maintain for the benefit of the County, a comprehensive general liability
insurance policy in the amount of not less than ten million ($10,000,000.00)
dollars per incident, such policy providing insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of services and/or obligations that are undertaken pursuant to this Agreement; for purposes of clarity, the aforenoted policy shall name the
County as an additional insured.
6.2 The Municipality shall upon request provide the County with copies of the Certificate of Insurance issued in respect of such policy and the Municipality shall maintain such policy in full force and effect during the entire Term of this
Agreement.
6.3 Effective as of the date of this Agreement, the Municipality shall require that
contractors and third parties which perform maintenance and/or repair works upon any County Road, bridge/culvert, highway or overpass or traffic control signal or beacon in accordance with this Agreement shall maintain a comprehensive general liability insurance policy in the amount not less than
five million ($5,000,000.00) dollars per incident, such policy to provide
insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of maintenance/repair services undertaken pursuant to this Agreement. The County and the Municipality shall each be named as additional insureds under the terms of this
insurance policy.
7.0 Traffic/Beacon Signals
7.1 The Municipality shall monitor traffic control/beacon signals or devices located on County Roads in accordance with and as may be indicated in the Scope of
Services attached as Schedule “C” hereto.
7.2 In the event that the Municipality shall observe any deficiency in the installation, erection, or operation of any traffic control/beacon signals, it shall immediately notify both the County Superintendent or his or her designate and the Electrical
Contractor for the County as to the details of such deficiency; provided that the County shall at all times inform the Municipality of the identity of the current Electrical Contractor. 8.0 Inspection County – Quarterly Inspections – Maintenance and Repair of Deficiencies by Municipality 8.1 Without limiting the right of the County to do so at any time but at least once
during each three month period of the term of this Agreement and on at least one such occasion to be accompanied by the Municipal Superintendent, the County shall inspect the condition of the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals and beacons which are the subject of this Agreement and in relation to the Scope of Services for
Elgin Road System attached as Schedule “C” to this Agreement. The County representative shall thereafter record the results of the said inspection on an Inspection Report in the format contained in Schedule “I” hereto, a copy of which shall then be delivered to the Municipal Superintendent along with written direction from the County Superintendent directing the repairs and/or
maintenance works to be completed. 8.2 Unless postponed upon the written approval of the County and at all times within sixty (60) days of receipt of such Inspection Report, the Municipality,
within a time period reasonably commensurate with the extent and nature of such works and any consequential risk to public users, shall undertake and
complete all required repairs and/or maintenance works for which it receives
direction pursuant to s. 8.1 above and shall report the details of such work to the County within the Quarterly Report next delivered pursuant to s, 5.1 above. 8.3 The Municipality acknowledges and agrees that the performance of
inspections by and the communication of direction for required repair and/or
maintenance from the County pursuant to paragraph 8.1 above does not relieve the Municipality of its obligations to otherwise perform repairs and/or maintenance works to County roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic control/beacon devices as set forth in
this Agreement.
By the Municipality – Monthly Inspections – Inspection Notes – Maintenance and Repair of Deficiencies of Municipality 8.4 At least once during the course of each calendar month during the Term of this Agreement, the Municipality, by its Municipal Superintendent or any authorized designate thereof, shall inspect the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals which are the subject matter
of this Agreement and in relation to which the Scope of Services attached as
Schedule “C” hereto apply. The involved Municipal representative shall prepare written records/notes of the results of each such inspection, including but not limited to the particulars of any relevant MMS standards findings, noted deficiencies, corrective actions undertaken, and/or planned, but not yet
completed, works, which results, along with details of completed remedial
maintenance and/or repair work, shall be incorporated within the next delivered Quarterly Roads Works Report (Municipality to County) prepared in the format outlined in Schedule “F” hereto. Thereafter, the said records/notes shall be held and maintained by the Municipality in accordance with and pursuant to
the obligations set forth in s. 9.0 hereof.
8.5 Without limiting the generality of the foregoing and unless extended by the
written approval of the County but at all times within a time period reasonably commensurate with the nature and extent of such works and any consequential risk to public users, the Municipality shall undertake and complete all required maintenance and/or repair works in respect of deficiencies noted and recorded during any one or more monthly inspections as prescribed in s. 8.4 above and
report the details of such deficiency and work to the County within the Quarterly Road Works Report next delivered. 9.0 Records
9.1 The Municipality shall maintain accurate records of works performed pursuant to this Agreement, including but not limited to works performed pursuant to any direction received pursuant to paragraph 8.1 above, the records/notes required by s. 8.4 above, and as incorporated within the Quarterly Roads Works Reports as referenced above.
9.2 The Municipality shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act, and, further thereto, shall allow access to such records to the County
Superintendent or his or her delegate, limited only by the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended (hereinafter “MFIPPA”).
9.3 The County shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act and, shall allow access to such records to the Municipal Superintendent or his or
her delegate, limited only by the provisions of MFIPPA.
10.0 Indemnity
10.1 The Municipality hereby indemnifies and saves harmless the County, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any
act, neglect or refusal of the Municipality, its servants, employees, agents,
invitees or contractors to maintain and/or repair any County Road and/or bridge/culvert/drainage facilities in accordance with the terms of this Agreement.
10.2 The County hereby indemnifies and saves harmless the Municipality, its
employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect, failure or refusal to perform or otherwise satisfy any obligation or
covenant provided for in this Agreement.
10.3 In the event that the Scope of Services for the Elgin Road System as
contemplated by this Agreement are found by a Court of competent jurisdiction to have been completed without fault or negligence by the Municipality, or, in the alternative, the County has acknowledged that such services have been completed without fault or negligence by the Municipality, in both cases
including its employees or agents, then the County hereby agrees to indemnify
and save harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, or other proceedings that may be advanced against the County or the Municipality arising from the works performed by the Municipality upon the relevant County Roads and/or
bridge/culvert/drainage facilities.
10.4 In the event of a claim to damages as against either and/or both the County
and the Municipality in respect of an alleged failure to repair and/or maintain a
County Road and/or bridge/culvert/drainage facilities, the parties shall cooperate in the administration of and/or response to such claim to damages, including but not limited to provision of photocopies of correspondence and/or communication with its respective insurer, subject at all times to any conflict of
interest as identified by either party hereto or its insurer. 10.5 In addition to the contents of Section 10.3 above, in the event that a proceeding against the Municipality in respect of conduct relating to the performance of maintenance/repair Services undertaken pursuant to this Agreement is
dismissed at Trial, then the County shall reimburse the Municipality for one-half of its insurance deductible to a maximum amount equal to one-half of the deductible payable by the County under its general liability insurance policy in effect at the date of the loss/incident upon which such proceeding was based.
10.6 All indemnities that arise from this Agreement extend beyond the term of this Agreement. 11.0 Assignment and Sub-Contractors
11.1 The Municipality agrees that the County Superintendent reserves the right to approve, acting reasonably, sub-contractors the Municipality retains to undertake the Scope of Services contemplated by this Agreement. 11.2 In the event the Municipality assigns or sub-contracts its responsibilities under
this Agreement or otherwise employs sub-contractors, the Municipality shall be
responsible for all payment requirements or other obligations of an owner pursuant to the Construction Lien Act (Ontario). Without limiting the foregoing, the Municipality shall be responsible to quantify the value of work performed and materials supplied and prepare progress certificates to show the amount
of statutory holdbacks and liens as may apply. If required by the County, a
copy of each progress payment certificate shall be directed to the County
Superintendent. The Municipality shall be responsible for obligations to a sub- contractor to certify the completion of the works as required. The County
Superintendent shall receive a copy of the certificate of substantial
performance as issued by the Municipality and the Municipality shall comply with all notice requirements as set out in the Construction Lien Act (Ontario) for the said certificate.
12.0 Dispute Resolution 12.1 The parties further agree that in the event of a dispute between the parties as to any matter arising from this Agreement with financial implication to either or both parties of at least twenty-five thousand ($25,000.00) dollars, then the
resolution of such a dispute shall be determined by a private arbitrator, and
that decision of the private arbitrator shall be final and binding. The arbitrator selected shall have significant experience in road construction and maintenance and repair and other municipal matters and may be selected upon the recommendation of the Director of the Ontario Good Roads
Association. The parties agree that in order to apply for arbitration pursuant to this paragraph, the party making the application must provide notice of the dispute and its intention to proceed to private arbitration within thirty (30) days of becoming aware of the subject matter in the dispute.
12.2 In the event that the parties proceed to arbitration, then the arbitrator shall be selected upon mutual agreement of both parties within ninety (90) days of receipt of the notice of arbitration, failing which each party shall select their own representative, who in turn shall select a third arbitrator with the
qualifications as noted above, and the selection of that third arbitrator shall be
final and binding.
12.3 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990,c.
S.22, as amended, and the Arbitrations Act, R.S.O. 1990, c. A.24, as amended, shall apply through the arbitration process.
12.4 The parties hereto further agree that:
a) The arbitrator shall have the unfettered discretion to decide upon and
direct resolution of any dispute arising in relation to this Agreement;
b) Any award or decision made by the arbitrator is binding upon the parties and may be enforced in the same manner as a Judgment or Order of the
Ontario Superior Court of Justice to the same effect; c) Either party may obtain an Order pursuant to the Arbitration Act, 1991,S.O. 1991, Chapter 17, as amended, staying any legal proceeding relating to the dispute presented to the Arbitrator pursuant to this Agreement; and
d) Neither party shall have the right to appeal the award or decision of the arbitrator to a Court or apply to set aside the award or decision of the arbitrator. 12.5 Unless otherwise agreed by the parties, the cost of the arbitration shall be determined by the arbitrator, who has the authority to award costs payable against an unsuccessful party in his or her discretion at the conclusion of the arbitration. 12.6 In the event of a dispute between the parties as to completion of maintenance
or repair works as required by this Agreement or as otherwise directed by the County Superintendent, then any arbitration hearing shall not be scheduled or be commenced until after the repair or maintenance services are completed to the satisfaction of the County Superintendent.
13.0 Oversight / Administration
General
13.1 To assist in oversight and administration of Road Maintenance Agreements between the County and its constituent lower tier municipalities, including the within Agreement, and with the goal and purpose of achievement of
reasonable maintenance and repair of County Roads and associated
bridge/culvert/drainage facilities in return for fair and equitable payment to the involved Municipality, the parties hereto agree to participate in establishment and subsequent consultative meetings of the following committees:
13.1.1 Operations Committee; and,
13.1.2 Governance Committee. Operations Committee
13.2 The parties hereto agree that the Terms of Reference for the Operations Committee, including as to intended compensation, mandate, meeting schedule, and meeting procedures, are as set forth in Schedule “J-1” hereto.
Governance Committee 13.3 The parties hereto agree that the Terms of Reference for the Governance Committee, including as to intended composition, mandate, meeting schedule,
and meeting procedures, are as set forth in Schedule “J-2” hereto.
Annual Compliance Report – County to Governance Committee
13.4 As referenced in Schedule J-2 as Terms of Reference for the Governance
Committee and on or before March 31st of each year of the Term of this Agreement, commencing March 31, 2024, but extended to and including March 31, 2028, the County shall prepare and submit to the Governance
Committee an Annual Compliance Report detailing and providing analysis and
comment upon the performance of the Municipality in relation to its duties and obligations set forth in this Agreement, including but not limited to the following matters:
13.4.1. Individual and summary results of remedial works required by
Quarterly Inspection Reports delivered by the County delivered by the County to the Municipality; 13.4.2. Overall response of the Municipality to deficiencies noted within
monthly inspections by the Municipality and Quarterly Inspection
Reports submitted by the County to the Municipality; 13.4.3. Summary of compliance of Municipality with duties and obligations created by the Road Maintenance Agreement, including but not
limited to reporting requirements and deadlines; and,
13.4.4. Engagement between the County and the Municipality within the Operations Committee and its meetings.
14.0 NOTICE
Any notice required pursuant to this Agreement shall be delivered to the Chief
Administrative Officer of the respective parties hereto and at the addresses set forth below:
For the County:
450 Sunset Drive St. Thomas, Ontario, N5R 5V1
Facsimile Transmission: 519-633-7661 Email: engineering@elgin.ca For the Municipality:
56169 Heritage Line Staffordville, Ontario N0J 1Y0 Facsimile Transmission: 519-866-3884
Email: sadams@bayham.on.ca
14.1 Any written notice between the parties hereto, which specifically excludes any invoice rendered in accordance with section 5.0 hereof, shall be delivered or sent by prepaid registered mail addressed to the parties at their respective addresses listed above, or their respective facsimile numbers as noted above.
14.2 In the event that either party hereto shall change its address within the term of this Agreement, such party shall provide the other party hereto with written
notification of such change of address within thirty (30) days of the effective
date of such change, upon which date of notification the said new address shall be considered the address for service of any notice hereto pursuant to Section 14.1 above.
14.3 Notice shall be deemed to have been received on the date on which notice
was delivered to the address as designated or, in the case of mailing, on the fifth day after the date of mailing or, in the case of facsimile, the day after the facsimile has been sent or, in the case of email, on the next business day following the receipt of such email.
15.0 Miscellaneous Waiver
15.1 Any provision of this Agreement may be waived in whole or in part by a party without
prejudice any other right of that party as arising from the breach of any other provision hereof. A waiver shall be binding upon the waiving party only if it is in writing. The waiver by a party of any breach of any provision hereof shall not be taken or held to be a waiver of any further breach of the same provision.
Severability 15.2 All paragraphs, terms and conditions of this Agreement are severable and the
invalidity, illegality or unenforceability of any such paragraph, term or condition
shall be deemed not to affect the validity, legality, or enforceability of the remaining paragraphs, terms and conditions. Amendment
15.3 No amendment, variation, or change to this Agreement shall be binding unless same shall be in writing and signed by the parties. Schedules
15.4 This Agreement includes the Schedules set out as Schedule "A" to "J-2" inclusive, and constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and discussions, whether oral
or written, with respect to the subject matter of road maintenance for those roads as set out in this Agreement.
Signatures in Counterparts
15.5 This Agreement, including any associated agreements or documents required in connection herewith, may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same Agreement.
Enurement 15.6 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The parties
hereto agree for themselves and on behalf of the foregoing persons to undertake such further acts and execute such further documents as may be necessary or expedient in order to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers which are duly authorized as of the date first written above. SIGNED, SEALED & DELIVERED )
) Corporation of the County of Elgin in the presence of ) ) ) ) per: _______________________________
) Name: Ed Ketchebaw ) Position: Warden ) ) ) per: _______________________________ ) Name: Don Shropshire ) Position: Chief Administrative Officer ) ) We have authority to bind the Corporation
)
) ) ) The Corporation of the Municipality of ) Bayham
)
) ) ) per: _______________________________ ) Name: Thomas Thayer
) Position: Chief Administrative Officer
) ) I have authority to bind the Corporation
SCHEDULE “A” (Detailed description of roads and bridge/culvert/drainage facilities
for which maintenance/repair Services provided)
SCHEDULE “A” (Detailed description of roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided) Road No. Section No. FROM TO Length (km) Posted Speed 2022 ADT MMS Classification 19 10 Plank Road Wellington SPL Victoria WPL 0.840 50 1,800 5 20 Port Burwell NPL Start of 50km/h zone, 1,100 south of the south PL of Edison Drive 3.175 80 2,500 3 30 Start of 50km/h zone, 1,100 south of the south PL of Edison Drive End of 50km/h zone, 766m north of the south PL of Edison Drive 1.866 50 2,500 5 40 End of 50km/h zone, 766m north of the south PL of Edison Drive Start of 60km/h zone, 615m south of the north PL of Jackson Line 5.220 80 3,500 3 50 Start of 60km/h zone, 615m south of the north PL of Jackson Line Start of 40km/h zone, 350m south of the north PL of Jackson Line 0.265 60 3,500 3 60 Start of 40km/h zone, 350m south of the north PL of Jackson Line End of 40km/h zone, 35m north of the north PL of Jackson Line 0.385 40 3,500 4 70 End of 40km/h zone, 35m north of the north PL of Jackson Line End of of 60km/h zone, 335m north of the north PL of Jackson Line 0.300 60 3,500 3 80 End of of 60km/h zone, 335m north of the north PL of Jackson Line Start of 50km/h zone, 828m south of the south PL of Heritage Line 1.275 80 3,500 3 90 Start of 50km/h zone, 828m south of the south PL of Heritage Line Start of 40km/h zone, 475m south of the south PL of Heritage Line 0.353 50 3,500 4 100 Start of 40km/h zone, 475m south of the south PL of Heritage Line End of 40km/h zone, at the south PL of Heritage Line 0.475 40 3,500 4 110 End of 40km/h zone, at the south PL of Heritage Line End of 50km/h zone, 866m north of the south PL of Heritage Line 0.866 50 4,000 4 120 End of 50km/h zone, 866m north of the south PL of Heritage Line Start of 50km/h zone, 880m south of the north PL of Eden Line 3.894 80 4,000 3 130 Start of 50km/h zone, 880m south of the north PL of Eden Line End of the 50km/h zone, 565m north of the north PL of Eden Line 1.445 50 4,000 4 140 End of the 50km/h zone, 334m north of the north PL of Eden Line Carson Line NPL 1.600 80 4,000 3 38 10 Heritage Line Hwy #3 EPL Start of 50km/h zone, 495m west of the east PL of Richmond Road 1.727 80 2,200 3 20 Start of 50km/h zone, 495m west of the east PL of Richmond Road End of 50km/h zone, 127m east of the east PL of Richmond Road 0.622 50 2,700 4 30 End of 50km/h zone, 127m east of the east PL of Richmond Road Start of 50km/h zone, 850m west of the east PL of Plank Road 5.150 80 2,700 3 40 Start of 50km/h zone, 850m west of the east PL of Plank Road Road #19 EPL 0.850 50 2,700 5 50 Road #19 WPL End of 50km/h zone, 1,795m east of the east PL of Plank Road 1.795 50 2,200 5
60 End of 50km/h zone, 1,795m east of the east PL of Plank Road Road 55 EPL 3.247 80 1,800 3 39 10 Chatham Street 1443m south of Road #42 SPL Road #42 SPL 1.443 50 1,500 5 41 10 Fulton Street Road #19 NPL Union St EPL 0.680 50 550 5 42 30 Nova Scotia Line Road #43 WPL Start of 50km/h zone, 760m east of the east PL of Plank Road 4.978 80 2,450 3 40 Start of 50km/h zone, 760m east of the east PL of Plank Road Road #19 EPL 0.760 50 2,450 5 50 Road #19 EPL Road 55 WPL 6.965 80 600 4 142 10 Wellington Street Road #19 EPL Road #50 WPL 0.517 40 950 5 43 50 Richmond Road John Wise Start of 50km/h zone, 440m south of the south PL of Heritage Line 4.174 80 700 4 60 Start of 50km/h zone, 440m south of the south PL of Heritage Line Road #38 SPL 0.440 50 700 5 44 10 Eden Line Road #46 EPL Start of 40km/h zone, 590m west of Highway #3 WPL 0.585 50 700 5 20 Start of 40km/h zone, 590m west of Highway #3 WPL Highway #3 WPL 0.590 40 700 5 30 Hwy #3 EPL Start of 60km/h zone, 784m west of the west PL of Plank Road 5.044 80 900 4 40 Start of 60km/h zone, 784m west of the west PL of Plank Road Road #19 WPL 0.784 60 900 4 45 130 Calton Line Road #43 EPL End of 60km/h zone, 2,450m east of the west PL of Richmond Road 2.450 60 1,800 4 140 End of 60km/h zone, 2,450m east of the west PL of Richmond Road Road #19 WPL 4.142 80 1,800 3 150 Road #19 EPL Road #55 EPL 5.599 80 1,800 3 46 10 Culloden Road Road #38 NPL Hwy #3 SPL 3.869 80 1,100 3 20 Hwy #3 NPL Start of 60km/h zone, 100m south of the south PL of Eden Line 0.963 80 2,000 3 30 Start of 60km/h zone, 100m south of the south PL of Eden Line End of 60km/h zone, 430m north of the south PL of Eden Line 0.530 60 2,000 4 40 End of 60km/h zone, 430m north of the south PL of Eden Line Start of 60km/h zone, 500m south of the south PL of Best Line 1.120 80 2,000 3 50 Start of 60km/h zone, 500m south of the south PL of Best Line End of 60km/h zone, 235m north of the south PL of BestLine 0.735 60 2,000 4
60 End of 60km/h zone, 235m north of the south PL of Best Line Pressey Road NPL 1.385 80 2,000 3 50 10 Victoria Street Road #42 NPL Road #19 SPL 0.585 50 800 5 55 10 County Road 55 Lake Shore Line NPL Road #45 SPL 7.984 80 600 4
Schedule "A1" ‐ List of Bridges and Culverts Greater than 3m SpanBridge No. Other ID Road No. Municipality Bridge NameStructure TypeLocationB11 1901119 Bayham EdisonConcrete, 3 ‐span ‐ Simply Supported 0.50km S. of Main StreetB15 1901519 Bayham Black BridgePrecast Integeral Abutment0.10 km N. of Black Bridge LineB17 1901719 Bayham Vienna NorthConcrete, 3 ‐span ‐ Simply Supported 0.08km N. of Main StreetB45 4204542 Bayham Port Burwell3 Span ‐ Continuous Bridge0.62 km W. of Plank RoadB4699046T/L Bayham ViennaSteel Truss1.00 km N. of Plank RoadB47 4504745 Bayham Calton3 Span ‐ Continuous Bridge5.02 km W. of Plank RoadB48 4304843 Bayham CooksHalf Through Steel Truss2.65 km N. of Plank RoadB49 4304943 Bayham PhilmoreHalf Through Steel Truss5.43 km N. of Calton LineB53 4405344 Bayham Eden3 Span ‐ Continuous Steel I Beam 2.82 km W. of Plank RoadB65 4606546 Bayham Knotts Mill3 Span ‐ Continuous Concrete Bridge 2.85 km S. of Hwy # 3B944209442Bayham Glen Erie EastRigid Frame ‐ Concrete0.40 km E. of Teal Neville RoadB95 4209542 Bayham Glen Erie WestPrecast Beams0.40 km E. of Plank RoadCulvert No. Other ID Road No. Municipality Culvert NameStructure TypeLocationC14 3801438 Bayham Rolson CulvertCPS ‐ Pipe Arch2.51 km W. of Plank RoadC22 5502255 Bayham Little Otter Creek Culvert CPS ‐ Pipe Arch2.70 km S. of Calton LineC50 3805038 Bayham Richmond Hill CulvertConcrete Rigid Frame2.50 km E. of Highway No. 3C67 1906719 Bayham Tunnel CulvertConcrete Rigid Frame0.05 km N. of Tunnel Line
SCHEDULE “B” (Sketch depicting roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided)
SCHEDULE “C”
SCOPE OF SERVICES
SCHEDULE “C” SCOPE OF SERVICES
1.0. Inspection 1.1. Routine Inspections
Service Description: Routine inspection of roads for defects, safety concerns, and road
conditions. Service Details:
• Frequency of routine inspections to comply with standard for frequency of patrolling of highways provided for in then current Minimum Maintenance Standards.
• As part of routine road inspections, the Municipality shall report any concerns with flashing beacons, traffic signals, or pedestrian crossings to the County Superintendent and the County’s Electrical Services Contractor upon becoming aware of any underlying defect.
2.0. Road Surface Maintenance 2.1. Maintaining Asphalt Pavement and Treated Surfaces
Service Description: Identification and repair of road surface defects, including but not limited to potholes, cracks, and edge drop-offs. Service Details:
• All repairs and remedial works to be completed by Municipality in compliance with the then current Minimum Maintenance Standards.
• For asphalt pavement surfaces, as constructed width, minus 0.1 m., shall be maintained.
• For surface treated surfaces, as constructed width, minus 0.2 m., shall be maintained.
• Required total linear repair and remedial works at any single location limited to 50m. per lane km. annually.
• In the event that the Municipality, acting reasonably, determines that the total linear repair and remediation works necessary to comply with the then current
Minimum Maintenance Standards at any single location exceeds 50 m. per lane
km. annually, then, conditional upon timely notice to the County Superintendent, those works exceeding such annual threshold of 50 m. per lane km. shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
2.1.1. Bicycle Facilities Maintenance Service Description: Identification and repair of surface defects within designated
bicycle lanes / facilities.
Service Details:
• Designated bicycle lanes / facilities shall be inspected and maintained in a
manner to account for and accommodate the intended user of those lanes / facilities. Without limiting the generality of the foregoing, all maintenance as required by this section 2.1.1 shall be completed by the Municipality in accordance with the then current Minimum Maintenance Standards and/or
Ontario Traffic Manual Book 18, whichever standard is greater.
• Identification / placement of appropriate warning equipment, including but not necessarily limited to signage or placement of traffic barrel(s), shall occur as soon as practicable after discovery of any defect and/or unsafe condition within any bicycle lane or facility and thereafter maintained until requisite
repair completed.
2.2. Maintaining Gravel Shoulders
Service Description: Identification and repair of defects along gravel shoulder of roads,
including but not limited to potholes, cracks, and edge maintenance. Service Details:
• All maintenance and repair works shall be completed by Municipality in compliance with then current Minimum Maintenance Standards.
• As constructed width, minus 0.3 m., shall be graded as required and at all times at least two (2) times per year.
• Where partially or fully paved shoulders exist, the shoulder width referenced immediately above shall be measured from the nearest edge of the driving lane (white line).
• Isolated or spot shoulder gravelling, including supply and installation of Granular “A” material to a maximum of ten (10) tonnes and not exceeding twenty (20) m. in length at any single location, shall be completed as required to works eliminate edge of pavement drop-offs, standing water, or depressions, which works may
require berm removal to promote positive sheet flow.
• In the event that the Municipality, acting reasonably, determines that isolated or
spot shoulder graveling works as referenced immediately above requires the
supply and installation of in excess of ten (10) tonnes of Granular “A” material and/or over a length in excess of twenty (20) m. at any single location to comply with the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County Superintendent, those works in excess of such
threshold(s) shall be deemed additional works to which ss. 4.5 and 5.2 of the
Road Maintenance Agreement shall apply.
2.3. Sweeping
Service Description: Sweeping of County Roads. Service Details:
• Sweeping of County roads shall be completed two (2) times during each calendar year in Settlement Areas and as required in Agricultural Areas, both of which Areas are as identified in the County of Elgin Official Plan (Schedule “A”
– Land Use).
2.3.1. Sweeping of Designated Bicycle Lanes / Facilities
Service Description: Sweeping of Designated bicycle lanes /
facilities. Service Details:
• Designated bicycle lanes / facilities shall be swept as required to account for and accommodate the intended user of such lanes / facilities and which must occur at least once during the months of May, June, July, August, and September of each calendar year.
• Sweeping of designated bicycle lanes / facilities as specified immediately above shall be deemed to be additional works to which s. 5.2 of the Road Maintenance Agreement shall apply.
3.0. Roadside Maintenance
3.1 Debris Control Service Description: Removal of material deposited on the travelled portion of the road or shoulder, either intentionally or unintentionally and including but not limited to mud, rocks, dead animals, trash, and other
debris. Service Detail:
• Debris should be removed from the travelled portion of the road or shoulder as soon as practicable after discovery
3.2. Vegetation Control
Service Description: Cutting of overgrown or unwanted vegetation along roads, at intersections, and under and around bridges, culverts, and safety systems.
Service Details:
• Cutting of vegetation along roads shall be completed two (2) times during each calendar year, once in the spring season and once in the fall season, to a
minimum width of 3.6 m. from the exterior edge of the closest shoulder in spring
and a minimum width of 1.8 m. from the exterior edge of the closest shoulder in the fall.
• Vegetation shall be cut or sprayed, subject to the County No Spray Policy, from around guide rail posts and, where practicable, to a minimum width of 1.8 m. behind any guide rail.
• Vegetation shall be cut from road allowances at intersections to achieve a clear sight distance of at least 200 m. in all directions from such intersections. The vegetation shall be cut to a height no greater than 0.3 m.
• With respect to culverts, bridges, and safety systems, including but not limited to guide rails, vegetation shall be cut at least once during each calendar year and, at that time, removed from beneath and within 3 m. of such culverts, bridges, and safety systems.
• The Municipality shall ensure that the full width of the County road allowance is free of invasive and noxious weeds and / or larger brush and vegetation that
impedes sightlines and / or drainage facilities. Any such larger vegetation should
be removed as soon as practicable by the Municipality and at all times before the canopy of any such vegetation begins to encroach upon the road allowance.
• The Municipality shall perform routine vegetation maintenance, including but not as a limited to weed trimming, around any Elgin County “Gateway” signs within the territorial limits of the Municipality.
3.3. Tree Maintenance / Removal
Service Description: Identification and removal of dead trees and hazardous
limbs. Service Details:
• Tree limbs that pose a safety hazard to the public users of a County road shall be removed as soon as practicable after discovery and identification.
• Dead trees that pose a safety hazard to the public users of a County road shall be removed within one (1) year of discovery and identification.
• Stumps of removed trees in non-landscaped areas shall be ground down to be
level with surrounding terrain while stumps within landscaped areas shall be
further restored with topsoil and seed to match the surrounding terrain.
3.4. Noxious Weed Control Service Description: Cutting and spraying of noxious weeds and invasive
species. Service Details:
• Use of herbicide(s) to control unwanted vegetation, including but not limited to noxious weeds and other invasive species, shall conform to the Elgin (County)
“No Spray Policy”, a copy of which policy is appended to this Schedule “C”.
4.0. Drainage Facilities Maintenance 4.1. Cleaning of Drainage Facilities
Service Description: Cleaning and removal of obstructions from drainage facilities within County road allowances or otherwise servicing County roads, including but not limited to all outlets, subdrains, storm sewers, curbs and gutters, and catch basins.
Service Details:
• Storm drainage facilities shall be cleaned when identified as experiencing
restricted flows (i.e. gutter outlets/swales). This work may require video
investigations, flushing, removal of obstructions, including but not limited to roots, and other steps to reestablish unrestricted flows.
• Catch basins shall be cleaned as required if debris has filled sumps but in all cases at least one time during each two (2) calendar year period.
• In addition to the drainage facilities identified in Schedule “A” hereto and as such
facilities are identified, the County agrees to provide the Municipality with periodic updates identifying additional drainage facilities to be cleaned pursuant to this Road Maintenance Agreement.
4.2 Repairs to Drainage Facilities Service Description: Identification of defects and deficiencies in and repair of drainage facilities within County road allowances or otherwise servicing
County roads. Service Details:
• Grate replacement, riser repairs, and patching around catch basins will be completed under and as routine maintenance and repair operations as contemplated by this Road Maintenance Agreement.
• All other defects and deficiencies in drainage facilities will be reported by the Municipality to the County Superintendent and any remedial repairs will be completed under arrangements made by the County, if by the Municipality as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement will apply.
• In addition to the drainage facilities identified in Schedule “A” hereto and as such facilities are identified, the County agrees to provide the Municipality with
periodic updates identifying additional drainage facilities to be repaired pursuant
to this Road Maintenance Agreement.
4.3. Ditch Maintenance
Service Description: Ditches within County road allowances to be kept in a condition maintaining positive water flow and eliminating standing water.
Service Details:
• Required ditch maintenance limited to fifty (50) m. in length at any single location.
• In the event that the Municipality, acting reasonably, determines that ditch maintenance in excess of fifty (50) m. in length is required at any single location in order to maintain positive water flow and eliminate standing water or to otherwise conform to any requirement provided for in the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County
Superintendent, those works in excess of such threshold shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
5.0. Bridges and Culverts
5.1. Structure Cleaning Service Description: Cleaning of all bridges and culverts on, above, or under County
roads.
Service Details:
• Municipality shall clean all bridges and culverts on, above, or under County road
once during a calendar year and in accordance with the current guidelines provided in the Bridge and Culvert Management Course offered by the Ontario Good Roads Association.
• All culverts shall be cleaned using water jets for flushing or other effective means to re-establish water flow that has been restricted by, amongst other things, material and debris.
• Any and all defects and deficiencies, or observation or evidence thereof, in the structure, condition, or operation of any bridge or culvert shall be reported, immediately upon discovery and in writing, to the County Superintendent. 5.2. Erosion Control Service Description: Installation of stone or similar material to prevent erosion around bridges and culverts, including but not limited to structural
elements thereof.
Service Details:
• Municipality shall be responsible for the cost of supplying and installing up to
ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location
to prevent erosion around any such bridge or culvert, including but not limited to structural elements thereof.
• In the event that the Municipality, acting reasonably, determines that the erosion control works as referenced immediately above requires the supply and installation of in excess of ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location, then, conditional upon timely notice to
the County Superintendent, those works in excess of such threshold shall be
deemed additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
6.0. Safety Devices 6.1. Road Markings Service Description: Painting of road markings upon travelled portion of County roads,
including but not limited to centreline markings, edge of lane markings, stop blocks, turn arrows, and lines / symbols denoting Designated Bicycle Lanes / Facilities.
Service Details:
• Municipality to paint (or re-paint) all Road markings on County Roads once during each calendar year and in accordance with the Ontario Traffic Manual – Book 11.
• As further guidance, the County notes that the white, edge of lane markings requiring annual painting (or re-painting) are generally located at road crests and sags, curves, narrow structures, Class 1 roads, and roads with partially or fully
paved shoulders. Furthermore, most County Road intersections also incorporate
the merging lanes, turning tapers, and radii that also require annual painting. In all such circumstances and with particular respect to the afore-noted road design and markings, the Municipality shall conform strictly to the requirements of the said Ontario Traffic Manual – Book 11.
• Where the County has designed and constructed paved shoulders designated as a bicycle lane / facility and on an annual basis, the Municipality shall paint (or re- paint) two (2) solid white edge lines to create a buffer zone in relation to such
Designated Bicycle Lane / Facility. The painting of such second edge line shall be deemed to be additional services pursuant to s. 4.5 of this Agreement and to which s. 5.2 herein shall apply.
• On or before January 31 of each calendar year, the County shall advise the Municipality of resurfacing projects planned for County roads during the course of such calendar year and the anticipated timing of same and the Municipality, in consultation with and notice to the County Superintendent, the Municipality may exercise its discretion to defer road marking of such County Roads until the
following calendar year. In this regard, the County acknowledges that it shall be responsible for arranging and paying for painting (or re-painting) of road markings necessitated solely by such resurfacing projects or other capital works on County roads.
6.2. Road Signs Service Description: Maintenance of all existing regulatory, warning, and information road signs and beacons, re-installation of damaged or stolen road
signs and beacons, and removal of unauthorized signs.
Service Details:
• Municipality to install and maintain all road signs and beacons in accordance with the then current Minimum Maintenance Standards and the Ontario Traffic Manual.
• Municipality is responsible for all costs to supply signs and materials to re-install damaged or stolen road signs and battery-operated beacons.
• The County shall be responsible for reimbursement of the Municipality for all labour and/or material costs incurred by the Municipality in the replacement and reinstallation of road signs that fail a reflectivity inspection conducted as part of routine testing, provided that the Municipality prepare and deliver an invoice to the County in respect of such costs in accordance with ss. 4.5 and. 5.2 of the
Road Maintenance Agreement.
• The Municipality shall immediately remove any and all unauthorized signage
attached to County infrastructure, including but not limited to road signs and
beacons. The County shall provide the Municipality with copies of any sign permits issued for County Roads to assist the Municipality in determining which signs are authorized.
• The Municipality shall report to the County any and all signage it considers to be a potential safety concern due to the sight line or drainage obstruction or is otherwise found to be in an unsafe condition or position that poses a potential
safety risk to the public users of a County road so that the County may determine
whether such sign should be removed.
• Signage to warn motorists of areas identified to have high numbers of collisions between deer and motor vehicles will be installed with operating beacons on or before October 1 of each calendar year and thereafter remain in place, in good
operating condition, until January 1 of the following calendar year; provided that, at all the times, such beacons shall be removed and alternative approved signage installed.
• At the request of and as supplied by the County, the Municipality shall install Elgin
County roadway directional/information signs and Elgin County Tourism signs. Municipal works undertaken to install and/or re-install such roadway directional/information signs are required works contemplated by the within Road Maintenance Agreement and do not constitute additional works
thereunder. Municipal works undertaken to install and/or re-install Elgin Tourism signs are not required works contemplated by the within Road Maintenance Agreement and will constitute additional works thereunder and the cost thereof shall be invoiced to the County pursuant to ss. 4.5 and 5.2 of the said Agreement.
• Municipality is and shall be solely responsible for supply and installation (or re- installation) of Hamlet / Community Identification signage and, if necessary, the Municipality shall obtain a permit authorizing such installation from the County.
For clarification, it is acknowledged that a permit for such Hamlet/Community
Identification Sign is not required if, without alteration in detail or design, a pre-existing Sign is being re-installed at the same location while a permit is required if a new or altered Sign is being installed or re-installed, whether at a new or existing location.
• All signs as contemplated by this sub-section shall be installed on wooden 4” x 4” posts, save and except for signs with dimensions of 90 cm x 90 cm (or larger) and which signs shall be installed on 6” x 6” wooden posts with a 2’ x 4’ bracing.
6.3. Guide Rail and Traffic Barrier Systems Service Description: Maintenance and repair of all existing road safety systems,
including but not limited cable guide rails, steel beam guide
rails, and end treatments. Service Details:
• Municipality to maintain and repair all existing road safety systems to the then current Ontario Provincial Standard Specifications.
• In the event that an existing road safety system is damaged as the result of a motor vehicle collision, the Municipality shall forthwith notify the County Superintendent and thereafter effect any required repairs to the said road safety system as soon as practicable following such notification.
• Until the annual deductible as referenced below is surpassed, the Municipality shall arrange and pay for repair and/or maintenance of any such damaged road safety system.
• Municipality is responsible financially for the first $10,000.00 spent annually to complete repairs to or otherwise maintain all road safety systems to which this
Road Maintenance Agreement applies (hereinafter “annual deductible”). The
Municipality shall inform the County Superintendent upon the annual deductible being surpassed and thereafter forward to the County Superintendent evidence confirming same.
• After the annual deductible is surpassed, the County shall be responsible for paying for repair and/or maintenance of all road safety systems to which the within Road Maintenance Agreement applies; provided that Municipality shall perform or otherwise arrange performance of such repair and maintenance
works as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
• In the event that the County makes recovery of repair costs from any responsible third party and those costs, either in whole or in part, were paid in the first
instance by the Municipality within the annual deductible referenced above, then Elgin, within the calendar year within which such recovery was made from that responsible third party, shall calculate, reconcile, and make appropriate adjustment and/or payment to the Municipality for the amount of such recovery, or portion thereof, which is or was attributable to the costs paid for by the
Municipality within the said annual deductible.
• The cost of repair and maintenance of any road safety system as caused or
contributed to by the operations of the Municipality, including but not limited
to any failure to perform the within Scope of Services, shall not be taken into account in any calculation to determine if the annual deductible has been surpassed.
6.4. Road Closures
Service Description: Management and co-ordination of and participation in closures and detours of County roads.
Service Details:
• Municipality shall co-operate and participate in all emergency closure and emergency detour events on any County road to which this Road Maintenance
Agreement applies.
• All works provided by the Municipality in managing, supervising, or facilitating any road closure or detour event are required services under this Road Maintenance Agreement and do not constitute additional works thereunder to which ss.4.5 and 5.2 thereunder applies; provided that, when and where the
Municipality provides road closure and/or detour services associated with or related to
a planned capital project on a County Road and/or bridge/culvert/drainage facility,
those road closure and/or detour services shall be considered and deemed as
additional services pursuant to s. 4.5 herein and the Municipality shall thereafter invoice
and the County shall pay the cost of those services pursuant to s. 5.2 herein.
• Municipality shall manage, supervise, and participate in the closure and detour of any County road as requested by the Municipality or the public, and approved
by the County, to accommodate an approved local event, including but not limited to a parade, cultural festival, or cycling, running or other athletic competition, and such services do not constitute additional works under the within Road Maintenance Agreement to which ss. 4.5 and 5.2 applies. 7.0. Winter Control Service Description: Winter road and bridge maintenance of County roads, including but not limited to winter weather, snowfall, and ice prevention
monitoring, salting / sanding, snowplowing, ice blading, and
standby patrols. Service Details:
• Municipality to perform all winter control services on County Road and bridges to which Road Maintenance Agreement applies to conform to then current Minimum Maintenance Standards.
• Municipality will also perform winter control services on highway bridges and overpasses not owned by or under jurisdiction of County but otherwise connecting to at least parts of County roads.
• Where and when applicable, the Municipality shall follow the “Canadian Code of Practice for the Environmental Management of Road Salts” and the County of
Elgin’s “Road Salt Management Plan”, a copy of which latter document is
included in the appendix to this Schedule.
8.0. Appendix 8.1. The attached Appendix of relevant Elgin County Policies / Plans reflecting upon or related to this Scope of Services forms part of this Schedule “C”. 8.2. As of January 1, 2023, the attached Appendix includes photocopies of the following Elgin County Policies / Plans
• No Spray Policy
• Deer Warning Signage Policy
• Road Salt Management
Plan Effective: January 1, 2023
APPENDIX
NO SPRAY POLICY
ADDITIONAL RESOURCES
MTO Maintenance Manual – Environmental Protection
MTO Maintenance Manual – Occupational Health and Safety Hazards NO SPRAY POLICY
The "blanket" spraying of herbicides to proactively destroy unwanted vegetation is not permitted by the County of Elgin. Spraying herbicides strictly for cosmetic purposes is also not permitted.
Road side spraying is not permitted unless, in the opinion of the Road Supervisor, one or
more of the following criteria presents itself: EXCEPTIONS:
1) Inaccessible areas- some road properties cannot be accessed by mechanical
equipment or workers due to unsafe working conditions. For example, this would include steep slopes and farm entranceways where safety is a concern. 2) Public safety concerns- road properties that contain overgrown and invasive species
as well as noxious weeds that have the potential to create unsafe conditions along the
roadway. Sight line obstructions at intersections and around fixed hazards close to the travelled portion of the road must be addressed. 3) Noxious weeds- densely populated areas of invasive species and noxious weeds (as
identified by the Weed Control Act) shall be removed in a manner that prohibits their return
or spread to an adjacent area. 4) Previous Mechanical Removal Attempts Were Unsuccessful - when previous attempts of removing unwanted vegetation have not been successful, these previous
attempts shall be documented.
If and when herbicides are used, they must be applied in strict accordance with Provincial regulations and manufacturer's directions. This includes and is not limited to public notices, climate restrictions and avoiding environmentally sensitive areas. The County of Elgin's Salt
Management Plan identifies sensitive areas adjacent to county roads and should be used
as a minimum baseline guide identifying sensitive areas not to use herbicides. Herbicides shall be selected to target specific unwanted species and be approved for use by Health Canada.
1
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, Director of Engineering
Services
Peter Dutchak, Deputy Director of Engineering
Services
DATE: August 5, 2020
SUBJECT: Deer Crossing Warning Signs Evaluation
RECOMMENDATION:
THAT additional deer crossing warning signs be installed on County roads as detailed in
the report titled “Deer Crossing Warning Signs Evaluation”, and; THAT the project’s estimated cost of $22,000 be funded by the Road Sign Replacement project (60902003), and;
THAT the County post the OPP’s public awareness campaign regarding deer collisions in the fall annually on the County’s website and social media pages.
INTRODUCTION:
The Elgin Group Police Services Board has requested that an evaluation of existing
deer crossing warning signs be undertaken by the County’s Engineering Services
Department in cooperation with Elgin OPP. This report shall discuss existing deer
crossing warning signage along County roads and recommend updated signage based
upon recent collision data.
DISCUSSION:
County Council has directed staff to evaluate existing deer crossing warning signage
along County roads in cooperation with Elgin OPP. The guidelines for Deer crossing
warning signage are outlined in the Ontario Traffic Manual – Book 6, Warning Signs and
qualifying roads sections require at least one collision annually for at least five
consecutive years in road sections between 1.5km and 8km in length. Road sections
less than 1.5km require a minimum of 4 collisions annually.
In order to determine suitable placement of warning signage, a deer collision heat map
for the previous five years (2015-2020 up to the month of May) has been created and is
attached to this report for Council’s reference. Also depicted on the map are existing
2
deer crossing warning signage (54 in total shown in yellow) and enhanced deer
crossing warning signage (11 locations in total shown in red).
A review of the recent five-year deer collision experience and existing signage has
determined that additional deer warning signage (OTM code Wc-111) is required at 47
locations in order to capture qualifying areas along County roads. The second attached
map titled, “Proposed Deer Signage Locations”, depicts the locations of the additional
recommended warning signs to be installed.
Enhanced Signage Locations
In 2003 a working group comprised of the OPP, Ministry of Natural Resources, County
staff and a local community group met to find creative solutions to increase the
awareness of deer collisions on County roads. As a result, County Council endorsed a
plan to install enhanced warning signage in 11 areas along County roads that had
experienced the greatest number of deer collisions in the previous five years (1998 –
2002). In these locations, custom deer warning signs are installed with flashing amber
beacons annually during the months of October to January to warn motorists when deer
are most active in an attempt to reduce collisions. Local municipalities assist with the
installation and removal of the signage annually and this activity is explicitly identified in
the Road Maintenance Agreement.
A review of the most recent five-year deer collision experience on County roads
confirms many of these highest collision areas continue to exist in similar locations,
however some of the locations could be removed and some should be added to more
accurately identify the current high collision prone areas. Collision data obtained
through the MTO’s Authorized Requester Information System (ARIS) today provides an
accurate geographical referenced location of the collision whereas previous reporting
relied upon a written description on the collision report. The locations along County
roads with the highest density of collisions between 2015 and 2020, are shown on the
attached map titled, “Proposed Deer Signage Locations”, and listed in the following
table:
3
Enhanced Deer Crossing Warning Sign Locations
Location County Road From To
1 Talbot Line (CR 3) West of Furnvial Road East of Dunborough Road
2 Pioneer Line (CR 2) West of Dunborough Road East of Coyne Road
3 Fingal Line (CR 16) West of Iona Road East of Lakeview Line
4 Talbot Line (CR 3) East of Willey Road East of Houghton Road
5 John Wise Line (CR 45) South of Fingal Line West of Centennial Road
6 Sunset Drive (CR 4) North of Warren Street North of John Wise Line
7 Ron McNeil Line (CR 52) East of Wellington Road West of Highbury Avenue
8 Highbury Avenue (CR 30) North of Ron McNeil Line South of Carr Road
9 Belmont Road (CR 74) South of Borden Avenue North of Talbot Line
10 John Wise Line (CR 45) East of Quaker Road East of Springwater Road
11 Heritage Line (CR 38) East of Talbot Line West of Sandytown Road
It is proposed that each of these identified 11 locations receive a larger, 120cm x 120cm
Wc-1110 sign (a 90cm x 90cm sign is the largest standard sign) at the limits identified in
the table above and be in place permanently, not only during the months of October to
January as previously done, since deer collisions can occur at any time of year.
Additionally, during the months of October to January, a yellow battery operated LED
beacon shall be installed on these signs in order to increase their awareness to
motorists when deer are typically most active.
Cooperation with Elgin OPP and Public Communication
Staff has discussed deer collisions, signage and public communication strategies with
Elgin OPP. Collision data provided by the OPP is consistent with collision data obtained
from ARIS and used by the County. The OPP is supportive of additional and enhanced
signage and also noted the importance of public awareness. In this regard, the OPP
normally issues a fall press release with respect to deer collisions and County staff have
proposed to post this messaging on the County’s website and through social media at
the same time in a collaboration intended to increase public awareness.
FINANCIAL IMPLICATIONS:
The supply and installation of 22 (11 locations) enhanced deer crossing warning signs is
estimated to cost $9,000. The supply and installation of 47 deer crossing warning signs
is estimated to cost $13,000. The total project cost of $22,000 can be funded by the
Road Sign Replacement project (60902003).
4
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
Growing Elgin Investing in Elgin
☒ Ensuring alignment of
current programs and services with community need.
☒ Exploring different
ways of addressing community need.
☒ Engaging with our
community and other stakeholders.
☐ Planning for and
facilitating commercial, industrial, residential, and agricultural growth.
☐ Fostering a healthy
environment.
☐ Enhancing quality of
place.
☐ Ensuring we have the
necessary tools, resources, and infrastructure to deliver programs and services
now and in the future.
☐ Delivering mandated
programs and services efficiently and effectively.
LOCAL MUNICIPAL PARTNER IMPACT:
Enhanced deer crossing warning sign locations will require a battery-operated beacon
be installed at the beginning of October and removed at the end of January annually.
The existing Road Maintenance Agreement requires the LMPs to remove enhanced
deer warning signage and beacons and install general messaging signs annually. The
proposed enhanced signage will be permanent with exception of the beacons.
COMMUNICATION REQUIREMENTS:
In partnership with Elgin OPP, the County will mirror press release messaging related to
deer collisions in the fall, on the County’s website and social media pages.
CONCLUSION:
Staff have completed an evaluation of existing deer crossing warning signage on
County roads and have had discussions with Elgin OPP. A deer collision heat map has
been created for the last five years to identify collision density areas to determine
appropriate warning signage placement per the Ontario Traffic Manual guidelines. In
addition to regular deer crossing warning signs, eleven locations have been identified
with the highest deer collision density over the past five years. It is proposed that these
locations receive larger deer crossing warning signage and that during the months of
October to January annually a yellow flashing LED beacon be installed on the sign post
to enhance warning messaging to motorists during the time when deer are typically
5
most active. The cost of the installed signage is estimated at $22,000 and can be
funded by the Road Sign Replacement project (60902003). It is also proposed that
County staff support the OPP’s fall press release campaign regarding deer collisions by
posting on the County’s website and media pages to increase public awareness.
Approved for Submission
Julie Gonyou
Chief Administrative Officer
All of which is Respectfully Submitted
Brian Lima
Director of Engineering Services
Peter Dutchak
Deputy Director of Engineering Services
518
3623265336384937
21 354353
1634
13
5027
42
7648
41
51
104
24 038
82
4214 46734057
7344
15 2539312837
4103 5411
194
2
6
52
20 4728220
09
247456
748
45
4530 323 5542
9 730Esri, HERE
Proposed Deer Signage
Locations
Deer Collisions Per Year
On County Roads2015 - 1972016 - 2402017 - 234
2018 - 232
2019 - 2962020 - 80 (January to May)
Deer Collisions Per Year
On County Roads2015 - 1972016 - 2402017 - 234
2018 - 232
2019 - 2962020 - 80 (January to May)
Deer Collisions DensityDeer Collisions Density 47 Additional Deer CrossingSigns (WC-111)1 - 51 - 5
6 - 106 - 10
11 - 2511 - 25
26 - 5026 - 50
Enhanced Deer Sign Locations
WC-1110 (120x120) + Beacon11 Location
1
2
4
3
5
6
7
8 9
10
11
SALT MANAGEMENT PLAN
Page 1 | 13
SALT MANAGEMENT PLAN
September 2020
SALT MANAGEMENT PLAN
Page 2 | 13
1.0 INTRODUCTION
1.1 Overview
The County of Elgin has approximately 700km of roads within the Corporation’s
jurisdiction. The County outsources road maintenance activities, including winter
maintenance, to it’s seven local municipal partners under formal agreement. In part, the
agreement requires that Provincial Minimum Maintenance Standards (Ontario
Regulation 239/02 and as amended by 366/18) are the standard to be met and each
municipality has the flexibility to meet the standards as they deem best. The following
local municipal partners (LMPs) are therefore responsible for winter maintenance on
County of Elgin roads within their respective municipal boundaries:
Municipality of West Elgin
Municipality of Dutton/Dunwich
Township of Southwold
Municipality of Central Elgin
Town of Aylmer
Township of Malahide
Municipality of Bayham
Snow and ice control is a key part in keeping roads safe. Road salt (particularly sodium
chloride) is the preferred de-icing / anti-icing chemical for maintaining winter roadway
safety due to its cost, effectiveness, and ease of handling. The County of Elgin, like
other road authorities utilizes road salt in order to fulfill its obligations under the
Municipal Act and to maintain safe roads for the travelling public during the winter
season.
In 2001, Environment Canada released an assessment report indicating that road salts
are entering the environment in large amounts and posing a risk to plants, animals,
birds, fish, lake and stream ecosystems and groundwater. The report recommended
that salt be designated toxic under the Canadian Environment Protection Act (CEPA).
Environment Canada has not banned the use of road salts, but have rather encouraged
users to develop management strategies. It should be noted that Health Canada has
stated that road salts are not harmful to humans.
In recognition of the adverse effects that excessive use of roads salt can have on the
environment, this Salt Management Plan has been created with the goal of minimizing
the amount of road salt entering the environment.
SALT MANAGEMENT PLAN
Page 3 | 13
1.2 Purpose of the Salt Management Plan (SMP)
The SMP is intended to demonstrate the commitment of the seven local road authorities
to reduce potential negative environmental effects by managing their road salt usage
and to remain consistent with Environment Canada’s stated objectives.
Road safety is of the utmost importance to the road authorities across Elgin County.
Modifications to winter maintenance activities will be implemented in such a manner that
balances the use of road salts while maintaining safety for road users and complying
with the requirements of the Provincial Minimum Maintenance Standards.
The SMP is intended to be a living document to incorporate new approaches and
technologies while meeting fiscal demands and keeping road safety as the first priority.
The SMP will be reviewed annually in this context and updated every five years with
endorsement from Elgin County Council.
1.3 Responsibility
It is the responsibility of every road authority involved in winter maintenance activities on
Elgin County roads to effectively manage the road salt used.
It is the responsibility of the County of Elgin to ensure that the SMP is developed,
maintained, updated and implemented throughout the County of Elgin.
The LMPs are responsible to ensure winter maintenance equipment operators and
patrol persons receive appropriate training, and that equipment is calibrated annually.
All personnel are to be familiar with the Code of Practice for the Environmental
Management of Road Salts.
It is the responsibility of all local Road Supervisors involved in winter maintenance to
ensure that the SMP is maintained, and implemented within their jurisdiction.
2.0 SALT MANAGEMENT POLICY
The LMPs are each responsible for maintaining their own Municipal Roads and for
providing road maintenance services to the County of Elgin under formal agreement to
maintain the County’s roads within their jurisdiction.
The County of Elgin adheres to the Municipal Act, 2001 Provincial Ontario Regulation
239/02 - “Minimum Maintenance Standards for Municipal Highways” and as amended
by Ontario Regulation 366/18.
SALT MANAGEMENT PLAN
Page 4 | 13
Applicable excerpts from the Ontario Regulations are included below.
Patrolling
3. (1) The standard for the frequency of patrolling of highways to check for conditions
described in this Regulation is set out in the Table to this section. O. Reg. 23/10, s. 3 (1); O.
Reg. 366/18, s. 3 (2).
(2) If it is determined by the municipality that the weather monitoring referred to in
section 3.1 indicates that there is a substantial probability of snow accumulation on
roadways, ice formation on roadways or icy roadways, the standard for patrolling
highways is, in addition to that set out in subsection (1), to patrol highways that the
municipality selects as representative of its highways, at intervals deemed necessary by the
municipality, to check for such conditions. O. Reg. 47/13, s. 2; O. Reg. 366/18, s. 3 (2).
(3) Patrolling a highway consists of observing the highway, either by driving on or by
electronically monitoring the highway, and may be performed by persons responsible for
patrolling highways or by persons responsible for or performing highway maintenance
activities. O. Reg. 23/10, s. 3 (1).
(4) This section does not apply in respect of the conditions described in section 10,
subsections 11 (0.1) and 12 (1) and section 16.1, 16.2, 16.3 or 16.4. O. Reg. 23/10, s. 3 (1);
O. Reg. 366/18, s. 3 (3).
TABLE
PATROLLING FREQUENCY
Class of Highway Patrolling Frequency
1 3 times every 7 days
2 2 times every 7 days
3 once every 7 days
4 once every 14 days
5 once every 30 days
O. Reg. 239/02, s. 3, Table; O. Reg. 23/10, s. 3 (2). Weather monitoring
3.1 (1) From October 1 to April 30, the standard is to monitor the weather, both current
and forecast to occur in the next 24 hours, once every shift or three times per calendar day,
whichever is more frequent, at intervals determined by the municipality. O. Reg. 47/13,
s. 3; O. Reg. 366/18, s. 4.
(2) From May 1 to September 30, the standard is to monitor the weather, both current and
forecast to occur in the next 24 hours, once per calendar day. O. Reg. 47/13, s. 3; O. Reg.
366/18, s. 4.
SALT MANAGEMENT PLAN
Page 5 | 13
Snow accumulation, roadways
4. (1) Subject to section 4.1, the standard for addressing snow accumulation on roadways
is,
(a) after becoming aware of the fact that the snow accumulation on a roadway is greater
than the depth set out in the Table to this section, to deploy resources as soon as
practicable to address the snow accumulation; and
(b) after the snow accumulation has ended, to address the snow accumulation so as to
reduce the snow to a depth less than or equal to the depth set out in the Table within the
time set out in the Table,
(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual
lane width, or
(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five
metres. O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (1).
(2) If the depth of snow accumulation on a roadway is less than or equal to the depth set
out in the Table to this section, the roadway is deemed to be in a state of repair with
respect to snow accumulation. O. Reg. 47/13, s. 4.
(3) For the purposes of this section, the depth of snow accumulation on a roadway and, if
applicable, lane width under clause (1) (b), may be determined in accordance with
subsection (4) by a municipal employee, agent or contractor, whose duties or
responsibilities include one or more of the following:
1. Patrolling highways.
2. Performing highway maintenance activities.
3. Supervising staff who perform activities described in paragraph 1 or 2. O. Reg. 47/13,
s. 4; O. Reg. 366/18, s. 5 (2).
(4) The depth of snow accumulation on a roadway and lane width may be determined by,
(a) performing an actual measurement;
(b) monitoring the weather; or
(c) performing a visual estimate. O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (3).
(5) For the purposes of this section, addressing snow accumulation on a roadway includes,
(a) plowing the roadway;
(b) salting the roadway;
(c) applying abrasive materials to the roadway;
(d) applying other chemical or organic agents to the roadway;
(e) any combination of the methods described in clauses (a) to (d). O. Reg. 366/18, s. 5 (4).
(6) This section does not apply to that portion of the roadway,
(a) designated for parking;
(b) consisting of a bicycle lane or other bicycle facility; or
(d) used by a municipality for snow storage. O. Reg. 366/18, s. 5 (4).
SALT MANAGEMENT PLAN
Page 6 | 13
TABLE
SNOW ACCUMULATION - ROADWAYS
Class of Highway Depth Time
1 2.5 cm 4 hours
2 5 cm 6 hours
3 8 cm 12 hours
4 8 cm 16 hours
5 10 cm 24 hours
O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (5).
Ice formation on roadways and icy roadways
5. (1) The standard for the prevention of ice formation on roadways is doing the following
in the 24-hour period preceding an alleged formation of ice on a roadway:
1. Monitor the weather in accordance with section 3.1.
2. Patrol in accordance with section 3.
3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that
there is a substantial probability of ice forming on a roadway, treat the roadway, if
practicable, to prevent ice formation within the time set out in Table 1 to this section,
starting from the time that the municipality determines is the appropriate time to deploy
resources for that purpose. O. Reg. 366/18, s. 8.
(2) If the municipality meets the standard set out in subsection (1) and, despite such
compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until
the applicable time set out in Table 2 to this section expires after the municipality becomes
aware of the fact that the roadway is icy. O. Reg. 366/18, s. 8.
(3) Subject to section 5.1, the standard for treating icy roadways is to treat the icy roadway
within the time set out in Table 2 to this section, and an icy roadway is deemed to be in a
state of repair until the applicable time set out in Table 2 to this section expires after the
municipality becomes aware of the fact that a roadway is icy. O. Reg. 366/18, s. 8.
(4) For the purposes of this section, treating a roadway means applying material to the
roadway, including but not limited to, salt, sand or any combination of salt and sand. O. Reg.
366/18, s. 8.
(5) For greater certainty, this section applies in respect of ice formation on bicycle lanes on
a roadway, but does not apply to other types of bicycle facilities. O. Reg. 366/18, s. 8.
SALT MANAGEMENT PLAN
Page 7 | 13
TABLE 1
Ice Formation Prevention
Class of Highway Time
1 6 hours
2 8 hours
3 16 hours
4 24 hours
5 24 hours
O. Reg. 366/18, s. 8.
TABLE 2
Treatment of ICY ROADWAYS
Class of Highway Time
1 3 hours
2 4 hours
3 8 hours
4 12 hours
5 16 hours
O. Reg. 366/18, s. 8.
3.0 Best Management Practices
The Canadian Code of Practice for the Environmental Management of Road Salts and
the TAC Syntheses of Best Practices has identified Best Management Practices for the
handling, storage and use or road salts. Code of Practice objectives have been defined
in the following categories: Annual Reports, Salt Management Plans, Salt Storage, Salt
Application, Snow Disposal, Training and Salt Vulnerable Areas. A list of the Code of
Practice Objectives along with corresponding Performance Indicators is provided in
Table ‘1’.
SALT MANAGEMENT PLAN
Page 8 | 13
Table 1 Code of Practice Objectives and Performance Indicators
CODE OF PRACTICE OBJECTIVES PERFORMANCE INDICATORS Annual Reports
Submit annual reports by June 30. Submission of annual reports.
Salt Management Plans
Develop and implement salt management plans that meet the contents in Section 9 of the Code. Preparation and implementation of salt management plans. Salt Storage
Store road salts under a permanent roof and on an impermeable surface. Cover blended sand/salt piles.
Implement handling practices that avoid uncontrolled releases (good housekeeping practices). Manage drainage to control the release of
contaminants, including from wastewater from equipment washing and facility.
Salt stored under cover and on impermeable pads.
Blended sand/salt piles covered.
Implementation of good housekeeping practices.
Presence of runoff collection systems or management of salt impacted drainage.
Salt Application
Use advancements in winter maintenance materials, equipment and decision support systems, such as road weather information systems.
Use of electronic spreader controls.
Use of pre-wetting.
Use of direct liquid application.
Presence of an equipment calibration and re-calibration program. Use of road weather information systems.
Use of pavement temperatures when making salt application decisions. Snow Disposal
Implement handling practices that avoid uncontrolled releases.
Manage drainage to control the release of contaminants.
Implementation of good housekeeping practices.
Engineered sites with collection of runoff and meltwater.
Presence of meltwater collection ponds.
Training
Train staff in best management practices and provide periodic training in salt management. Implementation of training programs in best management practices. Salt Vulnerable Areas
Identify salt vulnerable areas.
Manage salt use in salt vulnerable areas to minimize impacts.
Inventories of salt vulnerable areas.
Implementation of best practices to reduce impacts.
3.1 Annual Reports
The County of Elgin is responsible to report various road salt management metrics to
Environment Canada annually and before June 30th. In advance of the reporting
deadline, LMPs will submit applicable information to the County by May 1st each
calendar year, with respect to their road salt use and management over the previous
winter season.
SALT MANAGEMENT PLAN
Page 9 | 13
3.2 Salt Management Plans
The County of Elgin is responsible for developing a Salt Management Plan that satisfies
the objectives of the Canadian Code of Practice for the Environmental Management of
Road Salts. This plan is updated and approved by County Council once every 5 years.
3.3 Salt Storage Sites
The objective for salt storage sites is the prevention or control of releases from existing
and new sites. In pursuing this objective, the following practices should be considered:
Coverage of salt piles and blended salt-sand piles
Handling practices that avoid uncontrolled releases
Drainage management
Wash water collection and treatment
Training of personnel, and
Monitoring the effectiveness of the facility
Currently, every LMP stores salt materials under cover and on impermeable surfaces.
Forty-three (43%) of the LMPs have the ability to load salt indoors while every LMP
loads salt on impermeable surfaces and continually cleans up any spilled materials as
good housekeeping practices.
3.4 Salt Application
The objective for salt application is the reduction of the negative impacts of road salts by
delivering the right amount of road salts in the right place at the right time. In pursuing
this objective, consideration should be given to using the most recent advancements in
the application of winter maintenance anti-icing and de-icing materials, winter
maintenance equipment and road weather information and other decision support
systems. As well, the training of personnel and the monitoring of the effectiveness of
road salt application techniques should be considered.
Currently, every LMP utilizes ground spreading controls and has automated vehicle
location systems on their entire fleet dedicated to winter control. Most LMPs either pre-
wet salt before it is applied or use pre-treated salt.
3.5 Snow Disposal
The objective for snow disposal is the control of releases from existing and new sites.
In pursuing this objective, the following practices should be considered:
SALT MANAGEMENT PLAN
Page 10 | 13
Location and construction of the sites considering operational and environmental
factors
Drainage management
Training of personnel
Monitoring of the effectiveness of the facility
Currently, forty-three (43%) of the LMPs have seasonal snow disposal sites (3 across
Elgin County).
3.6 Training
Plans and policies are normally created by managers and supervisors in an
organization. The successful implementation of the Salt Management Plan is
contingent upon front line staff and operators being familiar about the plan and how best
to achieve its objectives. In order to be most effective, staff at all levels should be
aware of this plan and trained on a routine basis with respect to road salt management
best practices.
Currently every LMP either follows a local schedule or is in the midst to developing a
local schedule to ensure managers, supervisors and operators receive up to date
training regularly.
3.7 Salt Vulnerable Areas
A “salt vulnerable area” means an area particularly sensitive to road salts where
additional salt management measures may be necessary to mitigate the environmental
effects of road salts in that area. Organizations should identify areas that may be
particularly sensitive to road salts. Once a vulnerable area has been identified,
organizations may then determine the level of vulnerability and the need to implement
additional salt management measures. Additional salt management measures in salt
vulnerable areas may include:
Using technologies that further optimize the use of road salts
Using environmentally, technically and economically feasible alternatives to road
salts
Increasing monitoring and measuring of chlorides and/or their impacts
Locating patrol yards and snow disposal sites outside vulnerable areas
Considering location and protection of vulnerable areas in the design of new
roads and/or upgrading of existing roads.
It is important to note, when identifying vulnerable areas, that an area may be
vulnerable either to infrequent but heavy addition of road salts or to light but frequent
addition of road salts.
SALT MANAGEMENT PLAN
Page 11 | 13
Organizations may consider consulting with other agencies such as conservation
authorities and source water protection boards who may have information regarding
potential road salt vulnerable areas within common jurisdictions.
Currently only one salt vulnerable site has been identified (Hamlet of Richmond) as a
local source water protection area.
4.0 Current Practices and Goals
An inventory of the current road salt use practices has been undertaken to form a
benchmark against which progress can be measured. Elgin County’s local municipal
partners have provided information with respect to their current practices within each of
the Best Management Practices categories: Spreading Materials and Equipment, Salt
Vulnerable Areas, Salt Storage Sites, Snow Disposal and Training. The summary of
current practices by municipality is provided in Table ‘3’.
Each respective municipality manages their own staff and resources as they deem best
suited to meet the Provincial Minimum Maintenance Standards for winter control
activities. As it pertains to road salt management, it is envisioned that the best
management practices outlined in this plan be adopted as goals by Elgin’s local
municipal partners (LMPs) and be implemented as opportunities present themselves
(i.e. equipment replacement) and as financial planning and competing budgets permit.
SALT MANAGEMENT PLAN Page 12 | 13 TABLE 3 – CURRENT ROAD SALT MANAGEMENT PRACTICES BY MUNICIPALITY SALT MANAGEMENT PLANCURRENT PRACTICES (2020) BY MUNICIPALITYMunicipality of Municipality of Township of Municipality of Township of Town of Municipality ofWest Elgin Dutton/Dunwich Southwold Central Elgin Malahide Aylmer BayhamTotal km of County Road maintained99.533 96.693 101.275 140.369 146.191 4.124 91.247Total tonne of Salt Used in previous winter season (2019/20)569 903 68815791221 75 1197Total Salt/Sand mix used on County roads276 852 98 323 582 605Percentage of Salt in Salt/Sand Mix5% 33% 10% 5% 10% 40% 15%Quanity (Litres) of liquid appliedBrine500Beet Juice159069867 15900Other54258Amount of Liquid used for pre‐wetting salt material (Litres)11000pre-treated5354955552100Amount of Liquid used for anti‐icing (Litres)5004906709.6643124100SPREADING MATERIALS AND EQUIPMENTSalt Application Rate (kg/km)130 (general), 170 (freezing rain) 75, 100, 130, 150, 17075, 100, 15013070, 90, 110, 130200100 (120 on hills)Sand Application Rate (kg/km)285 (general), 570 (packed) 200, 250, 300, 350, 400, 450, 570325, 570570350, 450, 550550Sand / Salt Mix Application Rate (kg/km)490300Number of Vehicles Assigned to salt application3579824Number of vehicles with ground sensor controls 3579814Number of vehicles equipped with pre‐wetting 0307803Number of vehicles designed for direct liquid 1121101Percentage of Fleet that records salt application rates1001001001001000100Percentage of Fleet that has automated vehicle location 100 100 100 100 100 100 100Use of alternate freeze point depressants Brine, 500L annually Beet Juice ‐ 20,000L annually Pretreated salt Mastermelt ‐ 54,258L annually none none Beet Juice ‐ 15,900L annuallyNumber of surface temperature measuring devices 4 10 every truck 6 5 2 7Use of dedicated pavement and/or atmospheric forecasting systems Provincial RWIS MESH none OGRA Weather Tracker App OGRA Weather Tracker AppnonenoneSALT VULNERABLE AREASnonenonenonenonenoneNot identifiedHamlet of Richmondn/an/an/an/an/anoneSand/salt or 70kg/km salt rateSAND AND SALT STORAGE SITESNumber and capacity (tonne) of storage sites22413 Hoskins Line136 Currie Road35663 Fingal Line42434 Fruitridge Line 49458 John Wise Line ‐ 1,300t 32 Chipchase Court 8354 Plank Road (2 buildings)500t salt, 1,500t sand400t salt4,000t2,000t salt, 1,000t sand 13272 Imperial Road ‐ 1,000t570t salt3000tPercentage of salt/sand stored under cover on impermeable pads100100100100100100100Percentage of facilities with indoor loading0010010000100Percentage of sites with management of salt impacted drainage 00010001000Number of salt storage sites that have collection systems 1001011Where is runoff diverted to? municipal drainnana municipal drain na pond municipal drainLevels of environmental indicators (i.e. chloride levels)nonenonenonenonenonenonenonePercentage of salt in winter sand 5 510 5104015Good Housekeeping Practices yes no yes yes no yes, not formalized material mixing done on padMaterials handled on impermeable surfaces? yesyesyes yes yes yes yesEquipment used to prevent truck overloading? noyesno yes no yes noSystem for collection/treatment of wastewater?noyesnoyesnoyesnocontrol of external waters not impacted by salt?yesyesnoyesnoyesnoOngoing cleanup of sites and spilled materials?yesyesyesyesyesyesyesRisk Management and emergency plans in place?yesyesyesyesyesyesnoSNOW DISPOSAL SITESNumber and capacity of snow disposal sites (permanent/seasonal) Rodney and West Lornevery large capacitynonenonenone 6,250m3 capacitynoneSeasonalseasonalSeasonalLevels of Environmental Indicatorsnono n/an/an/ano n/aPercentage of disposal sites with water management systemsnonenonen/an/an/anonen/aConformance with existing environmental standardsn/an/an/an/an/ayesn/aExistence of a good housekeeping policyn/an/ayesn/an/an/an/aDisposed upon low permeability surface?n/an/an/an/an/an/an/aMeltwater directed to retention pond before discharged?n/an/an/an/an/an/an/aMeltwater dischared to municipal sewer?n/an/an/an/an/an/an/aMeltwater dischared into watercourse?n/an/an/an/an/aditchn/aTRAINING ‐ Managers100% annually 50%pending100% annually100% annuallyReview local policy annually100% annually‐ Supervisors100% every 2‐3 yearspendingpending100% annually100% annuallyReview local policy annually100% annually‐ Operators100% annually in‐housependingpending100% annually100% annuallyReview local policy annually100% annuallyLocations of salt vulnerable areas (i.e. wetlands, source water protection areas)Description of winter maintenance practices in the vicinity of salt vulnerable areas (i.e. alternate treatment)Percentage and frequency of staff receiving traiing in Best Salt Management Practices
SALT MANAGEMENT PLAN
Page 13 | 13
5.0 Conclusion
The County of Elgin in collaboration with its local municipal partners are committed to
maintaining roads during the winter season in accordance with Provincial regulations.
Winter control activities utilizing road salt is necessary to achieve this goal. Excessive
use of road salt can have environmental impacts and the road authorities across Elgin
County recognize this responsibility.
The Salt Management Plan has been created as a resource and guide for road
authorities across Elgin County to determine the most effective methods to maintain
safety for road users while managing the effects of road salt on the environment.
SCHEDULE “D”
MONTHLY INVOICE FORMAT
SCHEDULE “D”
MONTHLY INVOICE FORMAT
Date:
Invoice No.
(NAME OF MUNICIPALITY) Invoice for County Road Maintenance Activities completed for the month of
Item Description Amount
1 Monthly Road Maintenance Payment (Schedule E) $
2
Additional Services - Attach a calculation and all relevant documentation
$
TOTAL DUE $
Monthly Inspection Confirmation
Date of Monthly Inspection:
Name of Inspector:
Documentation Included with this invoice
(i) Quarterly Road Work Report
(ii) Annual Financial Report
SCHEDULE “E”
PAYMENT SCHEDULE
SCHEDULE “E”
PAYMENT SCHEDULE
Name of Municipality: Bayham
Total Payment (2023): $497,226.78
Payment Schedule (By Month):
January , 2023 $74,584.02 (15%)
February , 2023 $74,584.02 (15%)
March , 2023 $24,861.34 (5%)
April , 2023 $24,861.34 (5%)
May , 2023 $24,861.34 (5%)
June , 2023 $24,861.34 (5%)
July , 2023 $24,861.34 (5%)
August, 2023 $24,861.34 (5%)
September , 2023 $24,861.34 (5%)
October , 2023 $24,861.34 (5%)
November , 2023 $74,584.02 (15%)
December , 2023 $74,584.02 (15%)
Total $497,226.78 (100%)
SCHEDULE “F”
QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY)
SCHEDULE “F”
QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY)
Date: Municipality:
Item Number Road Name Location Description (Address) Maintenance Works Required Date Identified Date Works Completed / Scheduled Notes Patroller
SCHEDULE “G”
YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY)
SCHEDULE “G”
YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY)
Labour Equipment Materials/
Contracts
Admin Other Totals
Inspection/Patrol $ $ $ $ $ $
Road Surfaces $ $ $ $ $ $
Roadside $ $ $ $ $ $
Drainage Systems $ $ $ $ $ $
Bridges/ Culverts $ $ $ $ $ $
Safety Devises $ $ $ $ $ $
Winter Control $ $ $ $ $ $
Totals $ $ $ $ $ $
SCHEDULE “H”
WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT
SCHEDULE “H”
WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT
Municipality / Township / Town of
Training - Was Training taken?Yes / No
Manager(s)Supervisor(s)
Operator(s)
Mechanic(s)
Patroller(s)
Improvements made to…Number Identified Number Achieved
Material Storage FacilitesSalt Application EquipmentSnow Disposal Areas
Vulnerable Areas
Winter Conditions - Number of days requiring Salt Application days
Material Used
De-icers (solids)Sodium Chloride (NaCl)tonneMagnesium Chloride (MgCl2)tonne
Calcium Chloride (CaCl2)tonne
Pre-treated Salt %
Treated Abrasives
Quantity of abrasives (sand) before mixing (tonnes)tonne
Quantity of solid salts mixed with abrasives (tonnes)tonne
If exact quantity of salt mixed with abrasives is not reported separately above, indicate the % of salt mixed with abrasives:%
Liquids
Provide the quantity of ALL liquids used for pre-wetting, pre-treatment and
direct liquid application (anti-icing) of ALL types (NaCl, MgCl2, CaCl2)Litres
Salt StorageHow many salt storage sites are managed and/or controlled
by your Organization
Road SaltsPercentage of sites covered by a permanent roof %Percentage of sites covered only with a tarp %
Salt Treated Abrasives
Percentage of sites covered by a permanent roof %Percentage of sites covered only with a tarp %
Storage Surface - Materials stored on an impermeable surface
Road Salts %
Treated Abrasive %
Good Housekeeping Practices Yes / NoAll materials are handled in a designated impermeable surface area
Equipment to prevent overloading of trucks
System for collecting/treating wastewater from cleaning trucks
Control and diversion of external waters (not impacted by salt)Ongoing cleanup of the site surfaces and spilled material is swept quickly
Risk Management and emergency measure plans are in place
DrainageNumber of sites that have drainage and collection system for runoff
of salt contaminated waters
Does you organization monitor the chloride concentration in the runoff?
Specify discharge pont into:Yes / No
a municipal sewer systema containment system for removala watercourse
other(s)
Salt Application Management of Equipment
Total number of vehicles assigned to solid salt application
Total number of vehicles with conveyors and ground speed sensors
Total number of vehicles equipped with pre-wetting equipmentTotal number of vehicesl desinged for direct liquid application (DLA)
Is spreading equipment regularly calibrated?
Frequency of calibration (times per year)
Weather Monitoring Yes / No Number
Infrared thermometer
Meterological service
Fixed Road Weather Information System (RWIS) stationsVehicle-mounted mobile RWIS
Maintenance Decision Support Yes / No % of Fleet
Record of salt application rates
Automated vehicle location (AVL)Use of a chart for application rates adapted to raod/weather conditionsTesting of Maintenance Decision Support System (MDSS)
Snow DisposalManagement of SnowDoes your organization perform snow disposal at a designated site?
Total number of sites
Total design capacity of all snow disposal sites (in cubic metres)
Does your organization use snow melters?Percentage of disposed snow with snow melters
Is the meltwater from snow melters discharged through storm sewers?
Design of Snow Disposal Sites % of snow disposed Number of sites
Snow is disposed of entirely on a low permeability surfaceAll meltwater is directed to a retention pond before its discharge
All meltwater is collected and discharged into a municipal sewer system
All meltwater is collectred and discharged into a watercourse
Management of Salt Vulnerable AreasInventory - Identification fo Salt Vulnerable AreasHas your road organization completed an inventory of salt vulnerable Yes/No/Partially
areas within your territory?
Salt vulnerable areas within territory - Identification of Salt Vulnerable Areas Yes/No/PartiallyDo you have salt vulnerable area(s) within your territory?
Action Plan - Identification of Salt Vulnerable Areas Yes/No/Partially
Has your organization prepared an acion plan to prioritize
areas where measures will be put in place?
Supplementary Protection or Mitigation Measures Yes/No/PartiallyDid your organization implement supplementary and specificprotection or mitigation measures to eliminate or reduceroad salt impacts on vulnerable areas?
Environmental Monitoring Yes/No/Partially
Does your organization conduct environmental monitoring to measure
impacts of road salts on vulnerable areas?
Types of Vulnerable AreasType of Vulnerability # of areas identified
Drinking water (surface or groundwater)Aquatic Life (lake and watercourse)
Wetlands (and associated aquatic life)
Delimited areas with terrestrial fauna or flora
Valued lands
# of areas with protection measures in place # of areas with chlroide monitoring
SCHEDULE “I” QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY) FORMAT
SCHEDULE “I”
QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY)
Date: Municipality:
Item Number Road Name Location Description (Address) Maintenance Deficiency Date Identified Date Repaired / Scheduled Notes Patroller
SCHEDULE “J-1”
TERMS OF REFERENCE – OPERATIONS COMMITTEE
SCHEDULE “J-1”
TERMS OF REFERENCE – OPERATIONS COMMITTEE
Mandate:
1. Identification and details of upcoming repair/maintenance projects relevant to Road
Maintenance Agreement. 2. Identification and details of upcoming capital projects relevant to Road Maintenance Agreement.
3. Identification, discussion, and resolution of operational issues related to Road Maintenance Agreement.
4. Referral of unresolved issues related to Road Maintenance Agreement to
Governance Committee.
5. Identification and discussion of potential shared procurement opportunities for
County and Local Municipal Partners as relevant to Road Maintenance Agreement. 6. Coordination of shared Service delivery relevant to Road Maintenance Agreement.
Composition: County Engineer (or designate); and Local Municipal Roads Superintendents (or designates).
Quorum: County Engineer (or designate) plus majority of Local Municipal Roads Superintendents (or designates).
Chair: County Engineer (or designate).
Recorder:
Arranged and provided by County Engineer. Meeting Schedule:
At least one (1) meeting per quarter calendar year upon dates and at times established by Committee Members at first meeting of Committee each calendar year. Agenda
1. To be prepared and circulated by County representative at least ten (10) days prior to next scheduled meeting.
2. Specific agenda item requests, including relevant documentation, to be delivered to County representative at least seven (7) days prior to Agenda circulation date.
SCHEDULE “J-2”
TERMS OF REFERENCE – GOVERNANCE COMMITTEE
SCHEDULE “J-2”
TERMS OF REFERENCE – GOVERNANCE COMMITTEE
Mandate: 1. Receive and consider the Annual Compliance Report prepared and delivered by the
County. 2. Identify, consider, and provide direction/guidance in relation to organizational and/or systemic concerns relating to Road Maintenance Agreement, including but not limited to matters identified within the Annual Compliance Report prepared and delivered by
the County. 3. Consider and discuss unresolved operational issues referred from Operations Committee.
4. Identify consensual draft amendments to Road Maintenance Agreement for presentation to Elgin County Council and Local Municipal Councils, such amendments to include but not to be limited to subject matter of any resolution of operational issues referred from Operations Committee. 5. Consider and promote general compliance with provisions of Road Maintenance Agreement.
Composition: Chief Administrative Officer – Elgin (County) (or designate); and, Chief Administrative Officers - Local Municipal Partners (or designates).
Meeting Schedule: As required but at least semi-annually, including as convened and held in conjunction
with any regular meeting of Chief Administrative Officers of both Elgin (County) and all constituent Local Municipal Partners within the territorial limits of Elgin County. Agenda
1. To be prepared and circulated by Elgin (County) Chief Administrative Officer at least seven (7) days prior to next scheduled meeting.
2. Specific agenda item requests, including relevant documentation, to be delivered to Elgin (County) Chief Administrative Officer at least seven (7) days prior to Agenda circulation date.
EFFECTIVE as of the 1st day of January, 2023.
B E T W E E N :
CORPORATION OF THE COUNTY OF ELGIN - and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
_________________________________________ COUNTY ROADS MAINTENANCE AGREEMENT _________________________________________
AMENDMENT NO. 35
TO THE OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
SUBJECT: Algar Farms Ltd.
53921 Nova Scotia Line
The following text constitutes Amendment No. 35 to the Official Plan of the Municipality of Bayham
OFFICIAL PLAN
OF THE
MUNICIPALITY OF BAYHAM
THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2023-078, in accordance with Section 17 of the PLANNING ACT, on the 19th day of October 2023.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALTY OF BAYHAM
BY-LAW NO. 2023-078
THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows:
1) THAT Amendment No. 35 to the Official Plan of the Municipality of Bayham is hereby adopted.
2) THAT the Clerk is hereby authorized and directed to make an application to the County of Elgin for approval of the aforementioned Amendment No. 35 to the Official Plan of the Municipality of Bayham.
3) THAT no part of this By-law shall come into force and take effect until approved by Elgin
County.
ENACTED AND PASSED this 19th day of October 2023.
MAYOR CLERK
OFFICIAL PLAN
OF THE MUNICIPALITY OF BAYHAM
AMENDMENT NO. 35
1. PURPOSE
The purpose of the Official Plan Amendment is to add a new site-specific sub-section to
permit the severance of an existing dwelling made surplus through farm consolidation
that does not conform to policy Section 2.1.7.1 which requires a dwelling to be owned by
the farm operation within the Bayham municipal boundary. This would facilitate a future
Consent application to sever the existing dwelling.
2. LOCATION
The Official Plan Amendment will be applicable to lands known as Concession 1, Part of
Lot 3 and known municipally as 53921 Nova Scotia Line.
3. BASIS OF THE AMENDMENT
The subject lands are characterized as a farmed parcel with a residential dwelling,
accessory structure, and two wind turbines. The subject lands are located at 53921
Nova Scotia Line, south side, east of Richmond Road and west of Saxton Road. The
subject lands have a lot frontage of 211.3 metres (693.2 feet) onto Nova Scotia Line,
with an average lot depth of 974.6 metres (3,197.5 feet). The existing unpaved driveway
with access onto Nova Scotia Line currently serves the existing residential dwelling and
lands proposed to be severed. The agricultural lands have sufficient frontage onto Nova
Scotia Line to permit a secondary access driveway. The surrounding lands are
agricultural in all directions.
The Provincial Policy Statement, 2020 and the Elgin County Official Plan permit surplus
farm dwelling severances where appropriate and where new residential dwellings are
prohibited, which in Bayham is accomplished by way of Conditions of the Consent to
have the owners obtain Zoning By-law Amendment approval from the Municipality.
The Bayham Official Plan only permits surplus farm dwelling severances where the farm
operation owns a dwelling within the Municipality. The subject farm operation has a
principal dwelling approximately 4.9 kilometres to the west within the Township of
Malahide, therefore, the farm operation does have a local presence even though the
principle dwelling is in Malahide, therefore, specifically permitting one surplus farm
dwelling severance by way of new policy text section indicating the location of the lands
and permission for the severance would be in conformity to the Official Plan.
4. DETAILS OF THE AMENDMENT
a) Section 2.1.7 of the Official Plan of the Municipality of Bayham is hereby amended to
add the following subsection:
2.1.7.7 Notwithstanding Section 2.1.7.1, the dwelling located in Concession 1,
Part of Lot 3 and known municipally as 53291 Nova Scotia Line, and
existing as of ___(month/year of approval), may be severed as a surplus
farm dwelling, whereas the primary farm dwelling retained by the
proponent farm operation, or a registered owner of the proponent farm
operation is located within an adjacent municipality.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-079
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND P.B.R. EXCAVATING INC. FOR HAMPTON DRAIN WORKS WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS on October 5, 2023 the Municipality of Bayham passed By-law No. 2023-
065 being a by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Hampton Municipal Drain Improvements; AND WHEREAS the Council or the Corporation of the Municipality of Bayham awarded the Form of Tender – Hampton Drain to P.B. R. Excavating Inc. in the amount of $204,149.00 +HST on October 19, 2023;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with P.B. R. Excavating Inc. for these drainage works;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the Municipality of Bayham and P.B. R. Excavating Inc. for Hampton drainage works;
2. 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 19th DAY OF
OCTOBER, 2023. ___________________________ _____________________________
MAYOR CLERK
Schedule A to By-law 2023-079
Page 1 of 3
THIS AGREEMENT DATED THE 19th DAY OF OCTOBER, 2023
BETWEEN: The Corporation of the Municipality of Bayham (Hereinafter called the “Municipality”
of the First Part
and
P.B.R. Excavating Inc.
(Hereinafter called the "Contractor")
of the Second Part
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required for
the Hampton Drain Improvement works as outlined in the Form of Tender attached to this
Agreement.
1.2 In respect of such work and except as otherwise specifically provided, the Contractor, at his own
expense, shall provide all and every kind of labour, machinery, plant, structures, roadways and
materials necessary for the due execution and completion of all the work set out in this Contract
and shall forthwith according to the instructions of the Municipality commence the works and
diligently execute the respective portions thereof; and deliver the works complete in every
particular to the Municipality within the time specified in the Tender.
1.3 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
1.4 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
1.5 The Contractor shall agree to fulfil all of his obligations in compliance with the Occupational
Health and Safety Act and further agrees to take responsibility for any health and safety violation
that may occur. The Contractor shall indemnify and save harmless the Municipality from any
and all charges, fines, penalties and costs that may be incurred of paid by the Municipality.
1.6 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
Schedule A to By-law 2023-079
Page 2 of 3
with the Agreement. The Certificate shall be provided upon signing of the Agreement.
Section 2 – Administration 2.1 This Agreement shall take effect on the 19th day of October 2023, and shall remain in
effect until December 31, 2023.
2.2 Payment shall be made net thirty (30) calendar days following receipt of invoice.
2.3 Any notice required to be given under this Agreement must be in writing to the
applicable address set out below:
(a) in the case of the Municipality:
Municipality of Bayham
PO Box 160
56169 Heritage Line Straffordville, ON N0J 1Y0 Office: (519) 866-5521
Email: sadams@bayham.on.ca
(b) in the case of the Contractor:
P.B.R Excavating Inc.
47 Clearview Drive Tillsonburg, ON N4G 4G8 519-808-4407 2.4 In construing this Agreement, words in the singular shall include the plural and vice versa and words importing the masculine shall include the feminine, and the neuter and vice versa, and words importing persons shall include corporations and vice versa.
Schedule A to By-law 2023-079
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 19th day of October, 2023.
Authorized by ) THE CORPORATION OF THE Bayham By-law No. 2023-079 ) MUNICIPALITY OF BAYHAM ) ) ) _____________________________
) Mayor
) ) _____________________________ ) Clerk )
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 19th day of October, 2023. In the presence of ) )
)
_______________________ ) ______________________________ Witness: ) P.B.R. Excavating Inc.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-080
A BY-LAW TO AUTHORIZE THE EXECUTION OF A COUNTY ROADS MAINTENANCE AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE COUNTY OF ELGIN
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with the County of Elgin for the provision of maintenance of County Roads;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Chief Administrative Officer be and are hereby authorized to execute the Agreement attached hereto as Schedule “A” and forming part of this by-law between The Corporation of the County of Elgin and The Corporation of the Municipality of Bayham, being an agreement respecting the maintenance of County Roads; 2. 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 19th DAY OF OCTOBER, 2023
___________________________ _____________________________ MAYOR CLERK
COUNTY ROADS MAINTENANCE AGREEMENT
THIS AGREEMENT made effective, in quadruplicate, as of the 1st day of January, 2023.
B e t w e e n:
CORPORATION OF THE COUNTY OF ELGIN (hereinafter called the "County") OF THE FIRST PART
- and - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
(hereinafter called the "Municipality")
OF THE SECOND PART WHEREAS:
a) The County has, by by-law, established certain roads or public highways
located within its boundaries and, further thereto, incorporated such roads, highways, and related bridge facilities into its arterial road system; b) The Municipal Act, 2001, S.O. 2001, c. 25, as amended (hereinafter the
“Municipal Act”), permits a municipality to enter into agreements for the joint
management and operation of, among other things, a road system; c) By Order made by Allan Leach, Minister of Municipal Affairs and Housing on May 15, 1997 and effective January 1, 1998, the responsibility for among
other things, maintenance of the County road system was transferred from
the County to lower-tier municipalities; d) The County and the Municipality as identified above have reached agreement as to the terms by which the Municipality shall undertake such maintenance responsibilities in respect of roads, highways, and related
bridge, culvert, and drainage facilities incorporated in the County road
system and which are located within the boundaries of the Municipality;
NOW THEREFORE this Agreement witnesseth that, in consideration of the mutual covenants herein contained and upon the terms and conditions expressed herein, the parties hereto agree with each other and their respective administrators, successors, and assigns as follows:
1.0 General Guiding Principles
1.1 For purposes of interpretation and implementation of the provisions of this
Agreement, the parties hereto agree that the guiding principles of such provisions include but are not necessarily limited to the following:
(i) The Municipality shall deliver the Services contemplated by this Agreement to the standards outlined herein, including, when and where applicable, to the then current minimum maintenance standards as established by the Province of Ontario, currently as prescribed in O.Reg.
239/02, as amended, entitled “Minimum Maintenance Standards for Municipal Highways” as may be further amended, updated, and/or replaced.
(ii) The Municipality shall deliver the Services contemplated by this Agreement
to the applicable standards as outlined herein, irrespective of annual
operating cost fluctuations.
(iii) The Municipality shall have the discretion and flexibility to perform the Services contemplated by this Agreement utilizing any service delivery method or methods it chooses, so long as the standards outlined herein
are satisfied.
(iv) The annual compensation payable to the Municipality as contemplated by this Agreement is intended to provide fair, reasonable, and sufficient payment for the anticipated average costs of road maintenance and repair
Services to be delivered by the Municipality during an average calendar
year. (v) The Municipality will be entitled to receive the full amount of annual compensation as contemplated by this Agreement, irrespective of annual
operating cost fluctuations.
(vi) In its discretion, the Municipality shall have and exercise financial control
over annual compensation contemplated by and received under this Agreement, including the ability to appropriate all or any part of such compensation to municipal operations and/or resources as it chooses or deems reasonable.
Schedules 1.2 The following schedules are attached to and shall form part of this Agreement:
(i) Schedule "A" referred to as a detailed description of roads and
bridge/culvert/drainage facilities for which maintenance/repair services are required in the Municipality;
(ii) Schedule "B" referred to as a sketch identifying location of relevant County roads and bridge/culvert/drainage facilities in the Municipality;
(iii) Schedule "C", referred to as Scope of Services;
(iv) Schedule “D” referred to as Monthly Invoice Format;
(v) Schedule “E” referred to as Payment Schedule;
(vi) Schedule “F” referred to as Quarterly Road Works Report (Municipality to County) Format;
(vii) Schedule “G” referred to as Year-End Financial Statement (Municipality
to County) Format;
(viii) Schedule “H” referred to as the Winter Road Salt Use and Winter Control Operations Questionnaire Format;
(ix) Schedule “I’ referred to as Quarterly Inspection Report (County to
Municipality) Format;
(x) Schedule “J-1” referred to as Terms of Reference - Operations Committee; and,
(xi) Schedule “J-2” referred to as Terms of Reference - Governance Committee.
For purposes of clarity and with respect to Schedule “C” (including the appendix thereto) above, it is agreed and acknowledged that the obligations, duties, requirements, and standards hereunder must be read and interpreted in conjunction with the complete text of this Agreement, including but not
limited to s. 1.1 above as well as established principles of contract
interpretation.
2.0 Definitions 2.1 For purposes of this Agreement, 2.1.1 “Road”, “County Road”, or “Road Allowance” shall have identical meaning and shall include that area of land comprising and recognized as a public road allowance at law, including but not limited to the travelled
and untravelled portions of any road, highway, street or public right-of-way. 2.1.2 “County Superintendent” shall mean the Director of Engineering Services for the County of Elgin or his or her designate or designates.
“Municipal Superintendent” shall mean the Manager of Public Works for the Municipality or his or her designate or designates.
3.0 Term
3.1 The parties agree that this Agreement shall come into effect as of the 1st day of January, 2023, which date shall hereinafter be referred to as the "Commencement Date". 3.2 This Agreement shall commence on the Commencement Date and shall
continue until the 31st day of December, 2027 (the “Term”) at which time it
shall terminate; provided that the parties, by written Agreement executed prior to December 31, 2027, may extend the Term hereof for a further five (5) year period, commencing on the 1st day of January, 2028, and ending on the 31st day of December, 2032.
4.0 Maintenance/Repair Services
4.1 The Municipality hereby agrees to maintain and keep in repair those Road Allowances and bridge/culvert/drainage facilities, as identified on Schedule "A” and “B” hereto.
4.2 For purposes of clarity, attached as Schedule "B" to this Agreement is a sketch
generally identifying the Roads and bridge/culvert/drainage facilities which are the subject of this Agreement and the maintenance and repair obligations set forth in clause 4.1 above. In the event of a conflict between the provisions of Schedules “A” and “B” hereto, the provisions of Schedule “A” shall prevail.
4.3 For purposes of clarity, 4.3.1 where a County Road intersects a road owned by or otherwise under the jurisdiction of the Municipality, the continuation of the County Road
to its full width across the road so intersected is considered part of the
County Road. 4.3.2 where a County Road intersects a Provincial Highway owned or otherwise under the jurisdiction of the Province of Ontario and/or the
Ministry of Transportation - Ontario, the continuation of the said
Provincial Highway to its full width across the County Road so intersected is deemed to be part of the Provincial Highway and not part of the County Road and, as such, is not subject to the obligations set forth in this Agreement.
4.4 Subject to s. 4.10 below, the Municipality covenants to perform
maintenance/repair services upon those Road Allowances and
bridge/culvert/drainage facilities identified in Schedules "A” and “B” hereto, at all times utilizing competent supervisors and workers properly trained in the delivery of road maintenance and repair services as contemplated by this Agreement. The maintenance/repair services to be provided by the
Municipality and the standards to which such Services are to be provided are
as identified and/or contemplated by the Scope of Services as attached as Schedule “C” hereto, which Schedule further includes photocopies of relevant
Elgin County maintenance/repair policies as reflecting upon performance of
those Services.
4.5 Road maintenance/repair services in addition to the Scope of Services
identified in Schedule "C" may be performed by the Municipality by mutual
agreement between the Municipal Superintendent and the County Superintendent. In the event that additional services beyond those provided for in Schedule “C” to this Agreement or otherwise at law, are required by the County, the County Superintendent may, but is not required to, identify such
services to the Municipal Superintendent and the Municipality, through the
Municipal Superintendent, and the Municipality, through the Municipal Superintendent, shall have the option of either seeking to perform such work or declining to perform such work. In the event that the Municipality seeks to perform such work and save and except in the case of an emergency as
determined by the County Superintendent in his unfettered discretion, the
County Superintendent, or his designate, shall deliver a written scope of intended additional services to the Municipality by the Municipal Superintendent. If the Municipality thereafter seeks to perform such services, the Municipal Superintendent shall prepare and deliver a written cost estimate
to the County Superintendent, who shall have the option of either accepting
the said cost estimate or rejecting such estimate, in which former case, the accepted estimate shall constitute the mutual agreement for such additional services between the parties as referred to above. In the event that the Municipality, in the first instance, rejects the opportunity to seek to perform such
additional services or the County, in the second instance, rejects the written estimate prepared and delivered by the Municipal Superintendent, then in either such instances, the County shall be at liberty to arrange for the additional services to be performed by a third party contractor other than the Municipality.
Without limiting the generality of the foregoing, in the case of an emergency as determined by the County Superintendent and without restricting the authority of the County Superintendent to retain a third party contractor to perform the required work, the requirement for delivery of a written scope of intended additional services is waived and the County Superintendent and the Municipal
Superintendent may agree that the Municipality shall perform such additional services as is required to address the said emergency, under which agreement the said additional services may be costed and invoiced by the Municipality to the County on a time and materials basis, with administrative surcharge(s) not exceeding five percent (5%) of the cost of such services prior to accrual of
taxes; provided at all times that, prior to performance of any such additional services, the terms of such arrangement, including but not limited to costing and invoicing on a time and materials basis, must be confirmed in writing, including by exchange of email, between the County Superintendent and Municipal Superintendent.
In those circumstances in which additional maintenance/repair services are completed by a third party contractor, the County shall take all reasonable steps to ensure that such Works are at all times rendered by workers properly trained in the delivery of road maintenance and repair services as
contemplated by this Agreement and otherwise overseen by competent supervisors and, furthermore and at all times, that such Works shall satisfy any and all applicable provincial and/or Municipality standards, whichever is higher. In those circumstances in which such additional maintenance/repair services
are completed by the Municipality and the Municipal Superintendent is of the opinion that certain road maintenance/repairs are of an emergency nature and that such notice to the County Superintendent is not practical and, as such, the Municipal Superintendent shall have the right to arrange for and complete those emergency services and shall thereafter notify the County
Superintendent within the next working day of the services so provided.
The Municipality shall prepare and deliver an invoice to the County for such additional maintenance/repair services, including any such emergency
services, in accordance with paragraph 5.2 below and the County shall pay
such invoice in accordance with paragraph 5.3 below. 4.6 With respect to standards to which the Scope of Services set forth in Schedule
“C” to this Agreement are to be performed, the parties hereto acknowledge
and/or agree as follows:
4.6.1 As and where applicable and unless otherwise indicated, the parties agree to the application of the regulatory standard to the associated
maintenance or repair Service as specified within the then current Minimum Maintenance Standards established by the Province of Ontario by Regulation passed pursuant to the Municipal Act. In the event of any change to an applicable regulatory standard(s) by the Province of Ontario, the County Superintendent and Municipal Superintendent
shall review such revised standard(s) in relation to the Scope of Services to determine whether the said standards as revised by the Province of Ontario are greater than or less than any applicable requirement(s) of the Scope of Services. In this regard and in the event that the Province of Ontario has revised a standard(s) that is(are) higher than that
applicable to or contemplated by the associated maintenance or repair Service(s), then the parties shall adopt those higher performance standards and, if necessary, present to County Council and Municipal Council any amendments required to this Agreement.
4.6.2 The standards for maintenance and/or repair Service(s) not specified within the Minimum Maintenance Standards are to be performed to the standard referenced in Schedule “C” hereto, including but not necessarily limited to an associated policy referenced and/or attached thereto. Any change in such standard requires the consent of both
parties hereto and a formal written amendment hereto pursuant to s.15.3 herein. 4.7 The County Superintendent and the Municipal Superintendent shall each advise the other of repair and construction works that are scheduled along both
County Roads and intersecting Municipal Roads on an annual basis to permit the Municipality the opportunity to arrange its work schedule in anticipation of those works upon any County Road. The County Superintendent shall also provide to the Municipality, for information purposes only and immediately upon granting of such permits or approvals, copies of any written permits or
approvals which are granted to third parties by the County Superintendent in respect of work upon or use of any County Road Allowance. 4.8 Without limiting the maintenance obligation of the Municipality as set forth above or herein, the parties acknowledge and agree that the Municipality shall
not be called upon to maintain and/or repair a County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to this Agreement where such County Road, bridge/culvert/drainage facility or highway bridge/overpass has been constructed and/or reconstructed by the County or a subcontractor retained by the County to a condition which would
fail to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such construction and/or reconstruction; provided that the Municipality shall be obliged to so maintain and/or repair any such County Road, bridge/culvert/drainage facility or highway bridge/overpass pursuant to
this Agreement at all times after such infrastructure has been remediated to a condition to meet established County standards for such County Road, bridge/culvert/drainage facility or highway bridge/overpass or contract requirements for such initial construction and/or reconstruction.
4.9 Further to those maintenance obligations referred to above, the Municipality also agrees to provide routine winter maintenance, including but not
necessarily limited to snow removal and sanding, of highway bridges and overpasses not owned by the County but connecting at least to portions of
County Roads. The parties acknowledge that such highway bridges and
overpasses are identified in Schedules "A" and "B" to this Agreement and that such facility shall be maintained in accordance with the Scope of Services for Elgin Road System attached as Schedule “C” to this Agreement.
4.10 Notwithstanding that set forth in s.4.4 above but at all times subject to the
dispute resolution process detailed in s. 12 below, the parties further agree that in the event of a dispute as to the interpretation of the Scope of Services prescribed by the County for the Elgin Road System, the decision of the County Superintendent, acting reasonably, shall prevail.
4.11 The County and the Municipality, as the case may be and in respect of the
various obligations, acknowledgements, and agreements set forth in this s. 4
above, further acknowledge and agree as follows:
4.11.1 Without limiting the generality of that set forth above but subject to the
review and adoption process provided for in s. 4.6 above, the Municipality hereby specifically acknowledges and agrees that, unless otherwise indicated, the maintenance and/or repair works undertaken upon County Roads, bridge/culvert/drainage facilities and/or highway
bridge/overpass pursuant to this Agreement shall at all times and in all
ways satisfy the then current standards established by the Province of Ontario pursuant to the Municipal Act, and/or any Regulations passed thereunder, including but not limited to those standards established and known municipally as Minimum Maintenance Standards. The
Municipality hereby further acknowledges and agrees that its road maintenance/repair practices are of a nature and of a quality to satisfy all applicable statutory and/or regulatory obligations or standards for maintenance or repair a highway or associated facilities.
4.11.2 The County hereby specifically acknowledges and agrees that, in arranging for completion of works upon any County Road, bridge/culvert facility, and/or highway bridge/overpass, including the construction or reconstruction thereof, by a third-party contractor,
(a) it shall use its best efforts to ensure that such works, by design and upon completion and acceptance, shall satisfy all applicable provincial and/or municipal standards for such construction and/or reconstruction; (b) it shall utilize appropriate contract documents to satisfy the commitment set forth in subsection (a) above;
(c) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of the anticipated timing and detail of such works to be performed by a third party contractor upon any County Road, bridge / culvert facility, and/or highway bridge/overpass to which this Agreement applies;
(d) in circumstances in which deficiencies in the said works are discovered, it shall use its best efforts to seek correction of such deficiencies by the involved contractor, including through reliance upon any warranty provided by such contractor; provided that the
County shall at all times have the discretion to choose not to seek correction of such deficiencies by such contractor or in reliance upon such warranty but to seek correction by any other contractor or through any other arrangement.
(e) during any period of time to which a specific warranty from a third- party contractor who completed Works upon any County Road, bridge/culvert/drainage facility, and/or highway bridge/overpass
shall apply, the Municipality shall not be required to perform maintenance/repair services as contemplated by this Agreement
to improve the condition of such Works to meet any applicable provincial and/or municipal standard prior to such Works being accepted by the County; provided that it is otherwise understood that the Municipality may be required to perform maintenance/repair services in relation to such Works as
contemplated by this Agreement in circumstances in which the applicable standard had been previously achieved as of the date of acceptance of the Works by the County but that, by use or otherwise, such maintenance/repair services are then required to again achieve such standard;
(f) it shall use its best efforts to provide timely notification to the Municipality, by the Municipal Superintendent, of both satisfactory performance and completion of works by such third party contractor and/or, in the case of repair or remediation of any defect
or deficiency caused by or attributed to the said or any other contractor, whether pursuant to a warranty or not, satisfactory repair or remediation of such defect or deficiency as well as the resultant commencement or re-commencement of the Municipality’s maintenance and repair obligations as provided for
herein in respect of the said County Road and/or bridge/culvert/ drainage facility; and, (g) upon reasonable demand by the Municipality, the County shall produce to the Municipality any records relating to inspection,
deficiency correction, and/or acceptance of such works by or as
between the County and any involved third-party contractor.
5.0 Payment to the Municipality
5.1 For maintenance/repair services as contemplated by the Scope of Services attached as Schedule “E” hereto, the Municipality shall receive the annual base
payment of $497,226.78 for services rendered during each calendar year of
the Term of this Agreement, provided that the said annual base payment shall be adjusted on an annual basis, effective January 1 of each calendar year of the term of this Agreement, commencing January 1, 2024, in accordance with the Consumer Price Index (CPI) for Ontario (All Goods) for the month of
October of each year, commencing October, 2023. The Municipality shall
submit a summary invoice in accordance with the sample attached as Schedule “D” hereto to the County on or before the 10th day of each month, commencing February 10, 2023, and continuing through and including January 10, 2028 and in accordance with the corresponding monthly percentage of
annual base payment as set out in Schedule “E” attached, for such services
rendered within the previous calendar month, such invoices to provide and, as required, be accompanied by the following reports: 5.1.1 within each such monthly invoice, the Municipality shall confirm the details of at least one (1) inspection of County Roads and bridge/culvert/drainage facilities as contemplated by this Agreement
and completed within the previous month period to which the invoice applies, including the date and time of the inspection and the name of the person completing that inspection;
5.1.2 on or before the 10th day of April, July, October, and January of the Term of this Agreement but furthermore including January 10, 2028, and commencing April 10, 2023, a Quarterly Road Work Report detailing the
Services contemplated by this Agreement and as performed by or on behalf of the Municipality during the previous three (3) full months’ time period, such Report to be prepared and delivered in the format set forth in Schedule “F” hereto;
5.1.3 by February 15th of each calendar year, commencing February 15, 2024, and continuing to and including February 15, 2028, and in
accordance with the format set forth in Schedule “G” hereto, Year-End
Financial Statements detailing total repair/maintenance costs in respect of County Roads, for the previous full calendar year, including but not limited to line items for labour, equipment, material/contracts, administration and other costs for each Service item as identified in
Schedule “C” hereto; and,
5.1.4 by May 10th of each calendar year, commencing May 10, 2023, a complete Winter Road Salt Use and Winter Control Operations Questionnaire for the previous twelve (12) month period ending April
30th of each such calendar year and in the format set forth in Schedule
“H” hereto.
5.2 For additional maintenance/repair services, including emergency services, as
provided for herein and at all times within 60 days of completion of such Services, the Municipality shall, within a monthly invoice prepared and delivered in accordance with ss. 4.5 and 5.1 above, charge the County for the agreed cost of such Services, provided that the details of such work and cost
calculation thereof, including photocopies of any third party charges, are set
forth within such invoice and otherwise accounted for within the applicable Quarterly Report as contemplated in s. 5.1 above. 5.3 The County shall forthwith pay the monthly invoice submitted by the
Municipality in compliance with the requirements set forth in paragraph 5.1 and
5.2 above, provided that the County shall not be required to pay any such invoice submitted by the Municipality which is not in compliance with those requirements and/or in respect of any invoice item which is disputed by the County. In addition and for purposes of clarity, in the event that the Municipality
has failed to deliver a report or reports as contemplated by either paragraph
5.1 above or otherwise failed to comply with its obligations pursuant to paragraphs 5.2 above or 8 or 9 below, the County may withhold ten per cent (10 %) of the value of any then current invoice and all subsequent invoices as rendered to it by the Municipality until the Municipality has corrected such
deficiency and brought itself into compliance with its obligations pursuant to
this section and this Agreement.
5.4 As guidance to the preparation of invoices and/or reports as set forth in this
s. 5.0, the following principles shall apply: 5.4.1 Labour costs should be reported as actual costs of applicable salary
and benefits paid.
5.4.2 Equipment costs should be reported as applicable machine hours, utilizing OPSS-127 rates most recently published by the Ministry of Transportation Ontario.
5.4.3 Material and Contract costs should be reported as invoiced to the Municipality by an applicable vendor. 5.4.4 An annual flat fee of up to 5% of the total annual County Road
Maintenance Allocation may be reported by the Municipality as
administrative charges within its Year-End Financial Statement.
5.5 All other applicable road maintenance/repair expenses related to County
Roads and facilities as contemplated in this Agreement should be reported as “Other” within the Year-End Financial Statement submitted by the Municipality and which Statement should be accompanied by documentation supporting such expenses.
5.6 For purposes of further clarity, the parties hereto acknowledge that payments made and invoices rendered hereunder do not affect assessments applicable
to or charged in respect of Municipal drains established pursuant to the Drainage Act, R.S.O. 1990, c. D.17, as amended.
6.0 Insurance 6.1 The Municipality shall, during the term of this entire Agreement, obtain and maintain for the benefit of the County, a comprehensive general liability
insurance policy in the amount of not less than ten million ($10,000,000.00)
dollars per incident, such policy providing insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of services and/or obligations that are undertaken pursuant to this Agreement; for purposes of clarity, the aforenoted policy shall name the
County as an additional insured.
6.2 The Municipality shall upon request provide the County with copies of the Certificate of Insurance issued in respect of such policy and the Municipality shall maintain such policy in full force and effect during the entire Term of this
Agreement.
6.3 Effective as of the date of this Agreement, the Municipality shall require that
contractors and third parties which perform maintenance and/or repair works upon any County Road, bridge/culvert, highway or overpass or traffic control signal or beacon in accordance with this Agreement shall maintain a comprehensive general liability insurance policy in the amount not less than
five million ($5,000,000.00) dollars per incident, such policy to provide
insurance coverage for and including bodily injury, death, or property damage as sustained in connection with the performance of maintenance/repair services undertaken pursuant to this Agreement. The County and the Municipality shall each be named as additional insureds under the terms of this
insurance policy.
7.0 Traffic/Beacon Signals
7.1 The Municipality shall monitor traffic control/beacon signals or devices located on County Roads in accordance with and as may be indicated in the Scope of
Services attached as Schedule “C” hereto.
7.2 In the event that the Municipality shall observe any deficiency in the installation, erection, or operation of any traffic control/beacon signals, it shall immediately notify both the County Superintendent or his or her designate and the Electrical
Contractor for the County as to the details of such deficiency; provided that the County shall at all times inform the Municipality of the identity of the current Electrical Contractor. 8.0 Inspection County – Quarterly Inspections – Maintenance and Repair of Deficiencies by Municipality 8.1 Without limiting the right of the County to do so at any time but at least once
during each three month period of the term of this Agreement and on at least one such occasion to be accompanied by the Municipal Superintendent, the County shall inspect the condition of the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals and beacons which are the subject of this Agreement and in relation to the Scope of Services for
Elgin Road System attached as Schedule “C” to this Agreement. The County representative shall thereafter record the results of the said inspection on an Inspection Report in the format contained in Schedule “I” hereto, a copy of which shall then be delivered to the Municipal Superintendent along with written direction from the County Superintendent directing the repairs and/or
maintenance works to be completed. 8.2 Unless postponed upon the written approval of the County and at all times within sixty (60) days of receipt of such Inspection Report, the Municipality,
within a time period reasonably commensurate with the extent and nature of such works and any consequential risk to public users, shall undertake and
complete all required repairs and/or maintenance works for which it receives
direction pursuant to s. 8.1 above and shall report the details of such work to the County within the Quarterly Report next delivered pursuant to s, 5.1 above. 8.3 The Municipality acknowledges and agrees that the performance of
inspections by and the communication of direction for required repair and/or
maintenance from the County pursuant to paragraph 8.1 above does not relieve the Municipality of its obligations to otherwise perform repairs and/or maintenance works to County roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic control/beacon devices as set forth in
this Agreement.
By the Municipality – Monthly Inspections – Inspection Notes – Maintenance and Repair of Deficiencies of Municipality 8.4 At least once during the course of each calendar month during the Term of this Agreement, the Municipality, by its Municipal Superintendent or any authorized designate thereof, shall inspect the roads, bridges/culverts/drainage facilities, highway bridges/overpasses, and traffic signals which are the subject matter
of this Agreement and in relation to which the Scope of Services attached as
Schedule “C” hereto apply. The involved Municipal representative shall prepare written records/notes of the results of each such inspection, including but not limited to the particulars of any relevant MMS standards findings, noted deficiencies, corrective actions undertaken, and/or planned, but not yet
completed, works, which results, along with details of completed remedial
maintenance and/or repair work, shall be incorporated within the next delivered Quarterly Roads Works Report (Municipality to County) prepared in the format outlined in Schedule “F” hereto. Thereafter, the said records/notes shall be held and maintained by the Municipality in accordance with and pursuant to
the obligations set forth in s. 9.0 hereof.
8.5 Without limiting the generality of the foregoing and unless extended by the
written approval of the County but at all times within a time period reasonably commensurate with the nature and extent of such works and any consequential risk to public users, the Municipality shall undertake and complete all required maintenance and/or repair works in respect of deficiencies noted and recorded during any one or more monthly inspections as prescribed in s. 8.4 above and
report the details of such deficiency and work to the County within the Quarterly Road Works Report next delivered. 9.0 Records
9.1 The Municipality shall maintain accurate records of works performed pursuant to this Agreement, including but not limited to works performed pursuant to any direction received pursuant to paragraph 8.1 above, the records/notes required by s. 8.4 above, and as incorporated within the Quarterly Roads Works Reports as referenced above.
9.2 The Municipality shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act, and, further thereto, shall allow access to such records to the County
Superintendent or his or her delegate, limited only by the provisions of the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56, as amended (hereinafter “MFIPPA”).
9.3 The County shall maintain records of its activities undertaken pursuant to this Agreement in accordance with the timeframes established in its municipal records retention bylaw, approved in accordance with the Municipal Act and, shall allow access to such records to the Municipal Superintendent or his or
her delegate, limited only by the provisions of MFIPPA.
10.0 Indemnity
10.1 The Municipality hereby indemnifies and saves harmless the County, its employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any
act, neglect or refusal of the Municipality, its servants, employees, agents,
invitees or contractors to maintain and/or repair any County Road and/or bridge/culvert/drainage facilities in accordance with the terms of this Agreement.
10.2 The County hereby indemnifies and saves harmless the Municipality, its
employees, agents, and councillors, from any and all claims, demands, losses, costs, damages, actions, lawsuits or other proceedings by whomsoever made, sustained, or prosecuted which may arise either directly or indirectly by any act, neglect, failure or refusal to perform or otherwise satisfy any obligation or
covenant provided for in this Agreement.
10.3 In the event that the Scope of Services for the Elgin Road System as
contemplated by this Agreement are found by a Court of competent jurisdiction to have been completed without fault or negligence by the Municipality, or, in the alternative, the County has acknowledged that such services have been completed without fault or negligence by the Municipality, in both cases
including its employees or agents, then the County hereby agrees to indemnify
and save harmless the Municipality, its employees, agents, and councillors, from any and all claims, demands, losses, or other proceedings that may be advanced against the County or the Municipality arising from the works performed by the Municipality upon the relevant County Roads and/or
bridge/culvert/drainage facilities.
10.4 In the event of a claim to damages as against either and/or both the County
and the Municipality in respect of an alleged failure to repair and/or maintain a
County Road and/or bridge/culvert/drainage facilities, the parties shall cooperate in the administration of and/or response to such claim to damages, including but not limited to provision of photocopies of correspondence and/or communication with its respective insurer, subject at all times to any conflict of
interest as identified by either party hereto or its insurer. 10.5 In addition to the contents of Section 10.3 above, in the event that a proceeding against the Municipality in respect of conduct relating to the performance of maintenance/repair Services undertaken pursuant to this Agreement is
dismissed at Trial, then the County shall reimburse the Municipality for one-half of its insurance deductible to a maximum amount equal to one-half of the deductible payable by the County under its general liability insurance policy in effect at the date of the loss/incident upon which such proceeding was based.
10.6 All indemnities that arise from this Agreement extend beyond the term of this Agreement. 11.0 Assignment and Sub-Contractors
11.1 The Municipality agrees that the County Superintendent reserves the right to approve, acting reasonably, sub-contractors the Municipality retains to undertake the Scope of Services contemplated by this Agreement. 11.2 In the event the Municipality assigns or sub-contracts its responsibilities under
this Agreement or otherwise employs sub-contractors, the Municipality shall be
responsible for all payment requirements or other obligations of an owner pursuant to the Construction Lien Act (Ontario). Without limiting the foregoing, the Municipality shall be responsible to quantify the value of work performed and materials supplied and prepare progress certificates to show the amount
of statutory holdbacks and liens as may apply. If required by the County, a
copy of each progress payment certificate shall be directed to the County
Superintendent. The Municipality shall be responsible for obligations to a sub- contractor to certify the completion of the works as required. The County
Superintendent shall receive a copy of the certificate of substantial
performance as issued by the Municipality and the Municipality shall comply with all notice requirements as set out in the Construction Lien Act (Ontario) for the said certificate.
12.0 Dispute Resolution 12.1 The parties further agree that in the event of a dispute between the parties as to any matter arising from this Agreement with financial implication to either or both parties of at least twenty-five thousand ($25,000.00) dollars, then the
resolution of such a dispute shall be determined by a private arbitrator, and
that decision of the private arbitrator shall be final and binding. The arbitrator selected shall have significant experience in road construction and maintenance and repair and other municipal matters and may be selected upon the recommendation of the Director of the Ontario Good Roads
Association. The parties agree that in order to apply for arbitration pursuant to this paragraph, the party making the application must provide notice of the dispute and its intention to proceed to private arbitration within thirty (30) days of becoming aware of the subject matter in the dispute.
12.2 In the event that the parties proceed to arbitration, then the arbitrator shall be selected upon mutual agreement of both parties within ninety (90) days of receipt of the notice of arbitration, failing which each party shall select their own representative, who in turn shall select a third arbitrator with the
qualifications as noted above, and the selection of that third arbitrator shall be
final and binding.
12.3 The provisions of the Statutory Powers and Procedures Act, R.S.O. 1990,c.
S.22, as amended, and the Arbitrations Act, R.S.O. 1990, c. A.24, as amended, shall apply through the arbitration process.
12.4 The parties hereto further agree that:
a) The arbitrator shall have the unfettered discretion to decide upon and
direct resolution of any dispute arising in relation to this Agreement;
b) Any award or decision made by the arbitrator is binding upon the parties and may be enforced in the same manner as a Judgment or Order of the
Ontario Superior Court of Justice to the same effect; c) Either party may obtain an Order pursuant to the Arbitration Act, 1991,S.O. 1991, Chapter 17, as amended, staying any legal proceeding relating to the dispute presented to the Arbitrator pursuant to this Agreement; and
d) Neither party shall have the right to appeal the award or decision of the arbitrator to a Court or apply to set aside the award or decision of the arbitrator. 12.5 Unless otherwise agreed by the parties, the cost of the arbitration shall be determined by the arbitrator, who has the authority to award costs payable against an unsuccessful party in his or her discretion at the conclusion of the arbitration. 12.6 In the event of a dispute between the parties as to completion of maintenance
or repair works as required by this Agreement or as otherwise directed by the County Superintendent, then any arbitration hearing shall not be scheduled or be commenced until after the repair or maintenance services are completed to the satisfaction of the County Superintendent.
13.0 Oversight / Administration
General
13.1 To assist in oversight and administration of Road Maintenance Agreements between the County and its constituent lower tier municipalities, including the within Agreement, and with the goal and purpose of achievement of
reasonable maintenance and repair of County Roads and associated
bridge/culvert/drainage facilities in return for fair and equitable payment to the involved Municipality, the parties hereto agree to participate in establishment and subsequent consultative meetings of the following committees:
13.1.1 Operations Committee; and,
13.1.2 Governance Committee. Operations Committee
13.2 The parties hereto agree that the Terms of Reference for the Operations Committee, including as to intended compensation, mandate, meeting schedule, and meeting procedures, are as set forth in Schedule “J-1” hereto.
Governance Committee 13.3 The parties hereto agree that the Terms of Reference for the Governance Committee, including as to intended composition, mandate, meeting schedule,
and meeting procedures, are as set forth in Schedule “J-2” hereto.
Annual Compliance Report – County to Governance Committee
13.4 As referenced in Schedule J-2 as Terms of Reference for the Governance
Committee and on or before March 31st of each year of the Term of this Agreement, commencing March 31, 2024, but extended to and including March 31, 2028, the County shall prepare and submit to the Governance
Committee an Annual Compliance Report detailing and providing analysis and
comment upon the performance of the Municipality in relation to its duties and obligations set forth in this Agreement, including but not limited to the following matters:
13.4.1. Individual and summary results of remedial works required by
Quarterly Inspection Reports delivered by the County delivered by the County to the Municipality; 13.4.2. Overall response of the Municipality to deficiencies noted within
monthly inspections by the Municipality and Quarterly Inspection
Reports submitted by the County to the Municipality; 13.4.3. Summary of compliance of Municipality with duties and obligations created by the Road Maintenance Agreement, including but not
limited to reporting requirements and deadlines; and,
13.4.4. Engagement between the County and the Municipality within the Operations Committee and its meetings.
14.0 NOTICE
Any notice required pursuant to this Agreement shall be delivered to the Chief
Administrative Officer of the respective parties hereto and at the addresses set forth below:
For the County:
450 Sunset Drive St. Thomas, Ontario, N5R 5V1
Facsimile Transmission: 519-633-7661 Email: engineering@elgin.ca For the Municipality:
56169 Heritage Line Staffordville, Ontario N0J 1Y0 Facsimile Transmission: 519-866-3884
Email: sadams@bayham.on.ca
14.1 Any written notice between the parties hereto, which specifically excludes any invoice rendered in accordance with section 5.0 hereof, shall be delivered or sent by prepaid registered mail addressed to the parties at their respective addresses listed above, or their respective facsimile numbers as noted above.
14.2 In the event that either party hereto shall change its address within the term of this Agreement, such party shall provide the other party hereto with written
notification of such change of address within thirty (30) days of the effective
date of such change, upon which date of notification the said new address shall be considered the address for service of any notice hereto pursuant to Section 14.1 above.
14.3 Notice shall be deemed to have been received on the date on which notice
was delivered to the address as designated or, in the case of mailing, on the fifth day after the date of mailing or, in the case of facsimile, the day after the facsimile has been sent or, in the case of email, on the next business day following the receipt of such email.
15.0 Miscellaneous Waiver
15.1 Any provision of this Agreement may be waived in whole or in part by a party without
prejudice any other right of that party as arising from the breach of any other provision hereof. A waiver shall be binding upon the waiving party only if it is in writing. The waiver by a party of any breach of any provision hereof shall not be taken or held to be a waiver of any further breach of the same provision.
Severability 15.2 All paragraphs, terms and conditions of this Agreement are severable and the
invalidity, illegality or unenforceability of any such paragraph, term or condition
shall be deemed not to affect the validity, legality, or enforceability of the remaining paragraphs, terms and conditions. Amendment
15.3 No amendment, variation, or change to this Agreement shall be binding unless same shall be in writing and signed by the parties. Schedules
15.4 This Agreement includes the Schedules set out as Schedule "A" to "J-2" inclusive, and constitutes the entire agreement between the parties and supersedes all prior agreements, negotiations and discussions, whether oral
or written, with respect to the subject matter of road maintenance for those roads as set out in this Agreement.
Signatures in Counterparts
15.5 This Agreement, including any associated agreements or documents required in connection herewith, may be executed in counterparts, each of which shall be deemed to be an original and both of which together shall constitute one and the same Agreement.
Enurement 15.6 This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and permitted assigns. The parties
hereto agree for themselves and on behalf of the foregoing persons to undertake such further acts and execute such further documents as may be necessary or expedient in order to carry out the purpose and intent of this Agreement. IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed by their respective officers which are duly authorized as of the date first written above. SIGNED, SEALED & DELIVERED )
) Corporation of the County of Elgin in the presence of ) ) ) ) per: _______________________________
) Name: Ed Ketchebaw ) Position: Warden ) ) ) per: _______________________________ ) Name: Don Shropshire ) Position: Chief Administrative Officer ) ) We have authority to bind the Corporation
)
) ) ) The Corporation of the Municipality of ) Bayham
)
) ) ) per: _______________________________ ) Name: Thomas Thayer
) Position: Chief Administrative Officer
) ) I have authority to bind the Corporation
SCHEDULE “A” (Detailed description of roads and bridge/culvert/drainage facilities
for which maintenance/repair Services provided)
SCHEDULE “A” (Detailed description of roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided) Road No. Section No. FROM TO Length (km) Posted Speed 2022 ADT MMS Classification 19 10 Plank Road Wellington SPL Victoria WPL 0.840 50 1,800 5 20 Port Burwell NPL Start of 50km/h zone, 1,100 south of the south PL of Edison Drive 3.175 80 2,500 3 30 Start of 50km/h zone, 1,100 south of the south PL of Edison Drive End of 50km/h zone, 766m north of the south PL of Edison Drive 1.866 50 2,500 5 40 End of 50km/h zone, 766m north of the south PL of Edison Drive Start of 60km/h zone, 615m south of the north PL of Jackson Line 5.220 80 3,500 3 50 Start of 60km/h zone, 615m south of the north PL of Jackson Line Start of 40km/h zone, 350m south of the north PL of Jackson Line 0.265 60 3,500 3 60 Start of 40km/h zone, 350m south of the north PL of Jackson Line End of 40km/h zone, 35m north of the north PL of Jackson Line 0.385 40 3,500 4 70 End of 40km/h zone, 35m north of the north PL of Jackson Line End of of 60km/h zone, 335m north of the north PL of Jackson Line 0.300 60 3,500 3 80 End of of 60km/h zone, 335m north of the north PL of Jackson Line Start of 50km/h zone, 828m south of the south PL of Heritage Line 1.275 80 3,500 3 90 Start of 50km/h zone, 828m south of the south PL of Heritage Line Start of 40km/h zone, 475m south of the south PL of Heritage Line 0.353 50 3,500 4 100 Start of 40km/h zone, 475m south of the south PL of Heritage Line End of 40km/h zone, at the south PL of Heritage Line 0.475 40 3,500 4 110 End of 40km/h zone, at the south PL of Heritage Line End of 50km/h zone, 866m north of the south PL of Heritage Line 0.866 50 4,000 4 120 End of 50km/h zone, 866m north of the south PL of Heritage Line Start of 50km/h zone, 880m south of the north PL of Eden Line 3.894 80 4,000 3 130 Start of 50km/h zone, 880m south of the north PL of Eden Line End of the 50km/h zone, 565m north of the north PL of Eden Line 1.445 50 4,000 4 140 End of the 50km/h zone, 334m north of the north PL of Eden Line Carson Line NPL 1.600 80 4,000 3 38 10 Heritage Line Hwy #3 EPL Start of 50km/h zone, 495m west of the east PL of Richmond Road 1.727 80 2,200 3 20 Start of 50km/h zone, 495m west of the east PL of Richmond Road End of 50km/h zone, 127m east of the east PL of Richmond Road 0.622 50 2,700 4 30 End of 50km/h zone, 127m east of the east PL of Richmond Road Start of 50km/h zone, 850m west of the east PL of Plank Road 5.150 80 2,700 3 40 Start of 50km/h zone, 850m west of the east PL of Plank Road Road #19 EPL 0.850 50 2,700 5 50 Road #19 WPL End of 50km/h zone, 1,795m east of the east PL of Plank Road 1.795 50 2,200 5
60 End of 50km/h zone, 1,795m east of the east PL of Plank Road Road 55 EPL 3.247 80 1,800 3 39 10 Chatham Street 1443m south of Road #42 SPL Road #42 SPL 1.443 50 1,500 5 41 10 Fulton Street Road #19 NPL Union St EPL 0.680 50 550 5 42 30 Nova Scotia Line Road #43 WPL Start of 50km/h zone, 760m east of the east PL of Plank Road 4.978 80 2,450 3 40 Start of 50km/h zone, 760m east of the east PL of Plank Road Road #19 EPL 0.760 50 2,450 5 50 Road #19 EPL Road 55 WPL 6.965 80 600 4 142 10 Wellington Street Road #19 EPL Road #50 WPL 0.517 40 950 5 43 50 Richmond Road John Wise Start of 50km/h zone, 440m south of the south PL of Heritage Line 4.174 80 700 4 60 Start of 50km/h zone, 440m south of the south PL of Heritage Line Road #38 SPL 0.440 50 700 5 44 10 Eden Line Road #46 EPL Start of 40km/h zone, 590m west of Highway #3 WPL 0.585 50 700 5 20 Start of 40km/h zone, 590m west of Highway #3 WPL Highway #3 WPL 0.590 40 700 5 30 Hwy #3 EPL Start of 60km/h zone, 784m west of the west PL of Plank Road 5.044 80 900 4 40 Start of 60km/h zone, 784m west of the west PL of Plank Road Road #19 WPL 0.784 60 900 4 45 130 Calton Line Road #43 EPL End of 60km/h zone, 2,450m east of the west PL of Richmond Road 2.450 60 1,800 4 140 End of 60km/h zone, 2,450m east of the west PL of Richmond Road Road #19 WPL 4.142 80 1,800 3 150 Road #19 EPL Road #55 EPL 5.599 80 1,800 3 46 10 Culloden Road Road #38 NPL Hwy #3 SPL 3.869 80 1,100 3 20 Hwy #3 NPL Start of 60km/h zone, 100m south of the south PL of Eden Line 0.963 80 2,000 3 30 Start of 60km/h zone, 100m south of the south PL of Eden Line End of 60km/h zone, 430m north of the south PL of Eden Line 0.530 60 2,000 4 40 End of 60km/h zone, 430m north of the south PL of Eden Line Start of 60km/h zone, 500m south of the south PL of Best Line 1.120 80 2,000 3 50 Start of 60km/h zone, 500m south of the south PL of Best Line End of 60km/h zone, 235m north of the south PL of BestLine 0.735 60 2,000 4
60 End of 60km/h zone, 235m north of the south PL of Best Line Pressey Road NPL 1.385 80 2,000 3 50 10 Victoria Street Road #42 NPL Road #19 SPL 0.585 50 800 5 55 10 County Road 55 Lake Shore Line NPL Road #45 SPL 7.984 80 600 4
Schedule "A1" ‐ List of Bridges and Culverts Greater than 3m SpanBridge No. Other ID Road No. Municipality Bridge NameStructure TypeLocationB11 1901119 Bayham EdisonConcrete, 3 ‐span ‐ Simply Supported 0.50km S. of Main StreetB15 1901519 Bayham Black BridgePrecast Integeral Abutment0.10 km N. of Black Bridge LineB17 1901719 Bayham Vienna NorthConcrete, 3 ‐span ‐ Simply Supported 0.08km N. of Main StreetB45 4204542 Bayham Port Burwell3 Span ‐ Continuous Bridge0.62 km W. of Plank RoadB4699046T/L Bayham ViennaSteel Truss1.00 km N. of Plank RoadB47 4504745 Bayham Calton3 Span ‐ Continuous Bridge5.02 km W. of Plank RoadB48 4304843 Bayham CooksHalf Through Steel Truss2.65 km N. of Plank RoadB49 4304943 Bayham PhilmoreHalf Through Steel Truss5.43 km N. of Calton LineB53 4405344 Bayham Eden3 Span ‐ Continuous Steel I Beam 2.82 km W. of Plank RoadB65 4606546 Bayham Knotts Mill3 Span ‐ Continuous Concrete Bridge 2.85 km S. of Hwy # 3B944209442Bayham Glen Erie EastRigid Frame ‐ Concrete0.40 km E. of Teal Neville RoadB95 4209542 Bayham Glen Erie WestPrecast Beams0.40 km E. of Plank RoadCulvert No. Other ID Road No. Municipality Culvert NameStructure TypeLocationC14 3801438 Bayham Rolson CulvertCPS ‐ Pipe Arch2.51 km W. of Plank RoadC22 5502255 Bayham Little Otter Creek Culvert CPS ‐ Pipe Arch2.70 km S. of Calton LineC50 3805038 Bayham Richmond Hill CulvertConcrete Rigid Frame2.50 km E. of Highway No. 3C67 1906719 Bayham Tunnel CulvertConcrete Rigid Frame0.05 km N. of Tunnel Line
SCHEDULE “B” (Sketch depicting roads and bridge/culvert/drainage facilities for which maintenance/repair Services provided)
SCHEDULE “C”
SCOPE OF SERVICES
SCHEDULE “C” SCOPE OF SERVICES
1.0. Inspection 1.1. Routine Inspections
Service Description: Routine inspection of roads for defects, safety concerns, and road
conditions. Service Details:
• Frequency of routine inspections to comply with standard for frequency of patrolling of highways provided for in then current Minimum Maintenance Standards.
• As part of routine road inspections, the Municipality shall report any concerns with flashing beacons, traffic signals, or pedestrian crossings to the County Superintendent and the County’s Electrical Services Contractor upon becoming aware of any underlying defect.
2.0. Road Surface Maintenance 2.1. Maintaining Asphalt Pavement and Treated Surfaces
Service Description: Identification and repair of road surface defects, including but not limited to potholes, cracks, and edge drop-offs. Service Details:
• All repairs and remedial works to be completed by Municipality in compliance with the then current Minimum Maintenance Standards.
• For asphalt pavement surfaces, as constructed width, minus 0.1 m., shall be maintained.
• For surface treated surfaces, as constructed width, minus 0.2 m., shall be maintained.
• Required total linear repair and remedial works at any single location limited to 50m. per lane km. annually.
• In the event that the Municipality, acting reasonably, determines that the total linear repair and remediation works necessary to comply with the then current
Minimum Maintenance Standards at any single location exceeds 50 m. per lane
km. annually, then, conditional upon timely notice to the County Superintendent, those works exceeding such annual threshold of 50 m. per lane km. shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
2.1.1. Bicycle Facilities Maintenance Service Description: Identification and repair of surface defects within designated
bicycle lanes / facilities.
Service Details:
• Designated bicycle lanes / facilities shall be inspected and maintained in a
manner to account for and accommodate the intended user of those lanes / facilities. Without limiting the generality of the foregoing, all maintenance as required by this section 2.1.1 shall be completed by the Municipality in accordance with the then current Minimum Maintenance Standards and/or
Ontario Traffic Manual Book 18, whichever standard is greater.
• Identification / placement of appropriate warning equipment, including but not necessarily limited to signage or placement of traffic barrel(s), shall occur as soon as practicable after discovery of any defect and/or unsafe condition within any bicycle lane or facility and thereafter maintained until requisite
repair completed.
2.2. Maintaining Gravel Shoulders
Service Description: Identification and repair of defects along gravel shoulder of roads,
including but not limited to potholes, cracks, and edge maintenance. Service Details:
• All maintenance and repair works shall be completed by Municipality in compliance with then current Minimum Maintenance Standards.
• As constructed width, minus 0.3 m., shall be graded as required and at all times at least two (2) times per year.
• Where partially or fully paved shoulders exist, the shoulder width referenced immediately above shall be measured from the nearest edge of the driving lane (white line).
• Isolated or spot shoulder gravelling, including supply and installation of Granular “A” material to a maximum of ten (10) tonnes and not exceeding twenty (20) m. in length at any single location, shall be completed as required to works eliminate edge of pavement drop-offs, standing water, or depressions, which works may
require berm removal to promote positive sheet flow.
• In the event that the Municipality, acting reasonably, determines that isolated or
spot shoulder graveling works as referenced immediately above requires the
supply and installation of in excess of ten (10) tonnes of Granular “A” material and/or over a length in excess of twenty (20) m. at any single location to comply with the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County Superintendent, those works in excess of such
threshold(s) shall be deemed additional works to which ss. 4.5 and 5.2 of the
Road Maintenance Agreement shall apply.
2.3. Sweeping
Service Description: Sweeping of County Roads. Service Details:
• Sweeping of County roads shall be completed two (2) times during each calendar year in Settlement Areas and as required in Agricultural Areas, both of which Areas are as identified in the County of Elgin Official Plan (Schedule “A”
– Land Use).
2.3.1. Sweeping of Designated Bicycle Lanes / Facilities
Service Description: Sweeping of Designated bicycle lanes /
facilities. Service Details:
• Designated bicycle lanes / facilities shall be swept as required to account for and accommodate the intended user of such lanes / facilities and which must occur at least once during the months of May, June, July, August, and September of each calendar year.
• Sweeping of designated bicycle lanes / facilities as specified immediately above shall be deemed to be additional works to which s. 5.2 of the Road Maintenance Agreement shall apply.
3.0. Roadside Maintenance
3.1 Debris Control Service Description: Removal of material deposited on the travelled portion of the road or shoulder, either intentionally or unintentionally and including but not limited to mud, rocks, dead animals, trash, and other
debris. Service Detail:
• Debris should be removed from the travelled portion of the road or shoulder as soon as practicable after discovery
3.2. Vegetation Control
Service Description: Cutting of overgrown or unwanted vegetation along roads, at intersections, and under and around bridges, culverts, and safety systems.
Service Details:
• Cutting of vegetation along roads shall be completed two (2) times during each calendar year, once in the spring season and once in the fall season, to a
minimum width of 3.6 m. from the exterior edge of the closest shoulder in spring
and a minimum width of 1.8 m. from the exterior edge of the closest shoulder in the fall.
• Vegetation shall be cut or sprayed, subject to the County No Spray Policy, from around guide rail posts and, where practicable, to a minimum width of 1.8 m. behind any guide rail.
• Vegetation shall be cut from road allowances at intersections to achieve a clear sight distance of at least 200 m. in all directions from such intersections. The vegetation shall be cut to a height no greater than 0.3 m.
• With respect to culverts, bridges, and safety systems, including but not limited to guide rails, vegetation shall be cut at least once during each calendar year and, at that time, removed from beneath and within 3 m. of such culverts, bridges, and safety systems.
• The Municipality shall ensure that the full width of the County road allowance is free of invasive and noxious weeds and / or larger brush and vegetation that
impedes sightlines and / or drainage facilities. Any such larger vegetation should
be removed as soon as practicable by the Municipality and at all times before the canopy of any such vegetation begins to encroach upon the road allowance.
• The Municipality shall perform routine vegetation maintenance, including but not as a limited to weed trimming, around any Elgin County “Gateway” signs within the territorial limits of the Municipality.
3.3. Tree Maintenance / Removal
Service Description: Identification and removal of dead trees and hazardous
limbs. Service Details:
• Tree limbs that pose a safety hazard to the public users of a County road shall be removed as soon as practicable after discovery and identification.
• Dead trees that pose a safety hazard to the public users of a County road shall be removed within one (1) year of discovery and identification.
• Stumps of removed trees in non-landscaped areas shall be ground down to be
level with surrounding terrain while stumps within landscaped areas shall be
further restored with topsoil and seed to match the surrounding terrain.
3.4. Noxious Weed Control Service Description: Cutting and spraying of noxious weeds and invasive
species. Service Details:
• Use of herbicide(s) to control unwanted vegetation, including but not limited to noxious weeds and other invasive species, shall conform to the Elgin (County)
“No Spray Policy”, a copy of which policy is appended to this Schedule “C”.
4.0. Drainage Facilities Maintenance 4.1. Cleaning of Drainage Facilities
Service Description: Cleaning and removal of obstructions from drainage facilities within County road allowances or otherwise servicing County roads, including but not limited to all outlets, subdrains, storm sewers, curbs and gutters, and catch basins.
Service Details:
• Storm drainage facilities shall be cleaned when identified as experiencing
restricted flows (i.e. gutter outlets/swales). This work may require video
investigations, flushing, removal of obstructions, including but not limited to roots, and other steps to reestablish unrestricted flows.
• Catch basins shall be cleaned as required if debris has filled sumps but in all cases at least one time during each two (2) calendar year period.
• In addition to the drainage facilities identified in Schedule “A” hereto and as such
facilities are identified, the County agrees to provide the Municipality with periodic updates identifying additional drainage facilities to be cleaned pursuant to this Road Maintenance Agreement.
4.2 Repairs to Drainage Facilities Service Description: Identification of defects and deficiencies in and repair of drainage facilities within County road allowances or otherwise servicing
County roads. Service Details:
• Grate replacement, riser repairs, and patching around catch basins will be completed under and as routine maintenance and repair operations as contemplated by this Road Maintenance Agreement.
• All other defects and deficiencies in drainage facilities will be reported by the Municipality to the County Superintendent and any remedial repairs will be completed under arrangements made by the County, if by the Municipality as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement will apply.
• In addition to the drainage facilities identified in Schedule “A” hereto and as such facilities are identified, the County agrees to provide the Municipality with
periodic updates identifying additional drainage facilities to be repaired pursuant
to this Road Maintenance Agreement.
4.3. Ditch Maintenance
Service Description: Ditches within County road allowances to be kept in a condition maintaining positive water flow and eliminating standing water.
Service Details:
• Required ditch maintenance limited to fifty (50) m. in length at any single location.
• In the event that the Municipality, acting reasonably, determines that ditch maintenance in excess of fifty (50) m. in length is required at any single location in order to maintain positive water flow and eliminate standing water or to otherwise conform to any requirement provided for in the then current Minimum Maintenance Standards, then, conditional upon timely notice to the County
Superintendent, those works in excess of such threshold shall be deemed additional work to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
5.0. Bridges and Culverts
5.1. Structure Cleaning Service Description: Cleaning of all bridges and culverts on, above, or under County
roads.
Service Details:
• Municipality shall clean all bridges and culverts on, above, or under County road
once during a calendar year and in accordance with the current guidelines provided in the Bridge and Culvert Management Course offered by the Ontario Good Roads Association.
• All culverts shall be cleaned using water jets for flushing or other effective means to re-establish water flow that has been restricted by, amongst other things, material and debris.
• Any and all defects and deficiencies, or observation or evidence thereof, in the structure, condition, or operation of any bridge or culvert shall be reported, immediately upon discovery and in writing, to the County Superintendent. 5.2. Erosion Control Service Description: Installation of stone or similar material to prevent erosion around bridges and culverts, including but not limited to structural
elements thereof.
Service Details:
• Municipality shall be responsible for the cost of supplying and installing up to
ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location
to prevent erosion around any such bridge or culvert, including but not limited to structural elements thereof.
• In the event that the Municipality, acting reasonably, determines that the erosion control works as referenced immediately above requires the supply and installation of in excess of ten (10) tonnes of quarry stone or similar repair material at any bridge or culvert location, then, conditional upon timely notice to
the County Superintendent, those works in excess of such threshold shall be
deemed additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
6.0. Safety Devices 6.1. Road Markings Service Description: Painting of road markings upon travelled portion of County roads,
including but not limited to centreline markings, edge of lane markings, stop blocks, turn arrows, and lines / symbols denoting Designated Bicycle Lanes / Facilities.
Service Details:
• Municipality to paint (or re-paint) all Road markings on County Roads once during each calendar year and in accordance with the Ontario Traffic Manual – Book 11.
• As further guidance, the County notes that the white, edge of lane markings requiring annual painting (or re-painting) are generally located at road crests and sags, curves, narrow structures, Class 1 roads, and roads with partially or fully
paved shoulders. Furthermore, most County Road intersections also incorporate
the merging lanes, turning tapers, and radii that also require annual painting. In all such circumstances and with particular respect to the afore-noted road design and markings, the Municipality shall conform strictly to the requirements of the said Ontario Traffic Manual – Book 11.
• Where the County has designed and constructed paved shoulders designated as a bicycle lane / facility and on an annual basis, the Municipality shall paint (or re- paint) two (2) solid white edge lines to create a buffer zone in relation to such
Designated Bicycle Lane / Facility. The painting of such second edge line shall be deemed to be additional services pursuant to s. 4.5 of this Agreement and to which s. 5.2 herein shall apply.
• On or before January 31 of each calendar year, the County shall advise the Municipality of resurfacing projects planned for County roads during the course of such calendar year and the anticipated timing of same and the Municipality, in consultation with and notice to the County Superintendent, the Municipality may exercise its discretion to defer road marking of such County Roads until the
following calendar year. In this regard, the County acknowledges that it shall be responsible for arranging and paying for painting (or re-painting) of road markings necessitated solely by such resurfacing projects or other capital works on County roads.
6.2. Road Signs Service Description: Maintenance of all existing regulatory, warning, and information road signs and beacons, re-installation of damaged or stolen road
signs and beacons, and removal of unauthorized signs.
Service Details:
• Municipality to install and maintain all road signs and beacons in accordance with the then current Minimum Maintenance Standards and the Ontario Traffic Manual.
• Municipality is responsible for all costs to supply signs and materials to re-install damaged or stolen road signs and battery-operated beacons.
• The County shall be responsible for reimbursement of the Municipality for all labour and/or material costs incurred by the Municipality in the replacement and reinstallation of road signs that fail a reflectivity inspection conducted as part of routine testing, provided that the Municipality prepare and deliver an invoice to the County in respect of such costs in accordance with ss. 4.5 and. 5.2 of the
Road Maintenance Agreement.
• The Municipality shall immediately remove any and all unauthorized signage
attached to County infrastructure, including but not limited to road signs and
beacons. The County shall provide the Municipality with copies of any sign permits issued for County Roads to assist the Municipality in determining which signs are authorized.
• The Municipality shall report to the County any and all signage it considers to be a potential safety concern due to the sight line or drainage obstruction or is otherwise found to be in an unsafe condition or position that poses a potential
safety risk to the public users of a County road so that the County may determine
whether such sign should be removed.
• Signage to warn motorists of areas identified to have high numbers of collisions between deer and motor vehicles will be installed with operating beacons on or before October 1 of each calendar year and thereafter remain in place, in good
operating condition, until January 1 of the following calendar year; provided that, at all the times, such beacons shall be removed and alternative approved signage installed.
• At the request of and as supplied by the County, the Municipality shall install Elgin
County roadway directional/information signs and Elgin County Tourism signs. Municipal works undertaken to install and/or re-install such roadway directional/information signs are required works contemplated by the within Road Maintenance Agreement and do not constitute additional works
thereunder. Municipal works undertaken to install and/or re-install Elgin Tourism signs are not required works contemplated by the within Road Maintenance Agreement and will constitute additional works thereunder and the cost thereof shall be invoiced to the County pursuant to ss. 4.5 and 5.2 of the said Agreement.
• Municipality is and shall be solely responsible for supply and installation (or re- installation) of Hamlet / Community Identification signage and, if necessary, the Municipality shall obtain a permit authorizing such installation from the County.
For clarification, it is acknowledged that a permit for such Hamlet/Community
Identification Sign is not required if, without alteration in detail or design, a pre-existing Sign is being re-installed at the same location while a permit is required if a new or altered Sign is being installed or re-installed, whether at a new or existing location.
• All signs as contemplated by this sub-section shall be installed on wooden 4” x 4” posts, save and except for signs with dimensions of 90 cm x 90 cm (or larger) and which signs shall be installed on 6” x 6” wooden posts with a 2’ x 4’ bracing.
6.3. Guide Rail and Traffic Barrier Systems Service Description: Maintenance and repair of all existing road safety systems,
including but not limited cable guide rails, steel beam guide
rails, and end treatments. Service Details:
• Municipality to maintain and repair all existing road safety systems to the then current Ontario Provincial Standard Specifications.
• In the event that an existing road safety system is damaged as the result of a motor vehicle collision, the Municipality shall forthwith notify the County Superintendent and thereafter effect any required repairs to the said road safety system as soon as practicable following such notification.
• Until the annual deductible as referenced below is surpassed, the Municipality shall arrange and pay for repair and/or maintenance of any such damaged road safety system.
• Municipality is responsible financially for the first $10,000.00 spent annually to complete repairs to or otherwise maintain all road safety systems to which this
Road Maintenance Agreement applies (hereinafter “annual deductible”). The
Municipality shall inform the County Superintendent upon the annual deductible being surpassed and thereafter forward to the County Superintendent evidence confirming same.
• After the annual deductible is surpassed, the County shall be responsible for paying for repair and/or maintenance of all road safety systems to which the within Road Maintenance Agreement applies; provided that Municipality shall perform or otherwise arrange performance of such repair and maintenance
works as additional works to which ss. 4.5 and 5.2 of the Road Maintenance Agreement shall apply.
• In the event that the County makes recovery of repair costs from any responsible third party and those costs, either in whole or in part, were paid in the first
instance by the Municipality within the annual deductible referenced above, then Elgin, within the calendar year within which such recovery was made from that responsible third party, shall calculate, reconcile, and make appropriate adjustment and/or payment to the Municipality for the amount of such recovery, or portion thereof, which is or was attributable to the costs paid for by the
Municipality within the said annual deductible.
• The cost of repair and maintenance of any road safety system as caused or
contributed to by the operations of the Municipality, including but not limited
to any failure to perform the within Scope of Services, shall not be taken into account in any calculation to determine if the annual deductible has been surpassed.
6.4. Road Closures
Service Description: Management and co-ordination of and participation in closures and detours of County roads.
Service Details:
• Municipality shall co-operate and participate in all emergency closure and emergency detour events on any County road to which this Road Maintenance
Agreement applies.
• All works provided by the Municipality in managing, supervising, or facilitating any road closure or detour event are required services under this Road Maintenance Agreement and do not constitute additional works thereunder to which ss.4.5 and 5.2 thereunder applies; provided that, when and where the
Municipality provides road closure and/or detour services associated with or related to
a planned capital project on a County Road and/or bridge/culvert/drainage facility,
those road closure and/or detour services shall be considered and deemed as
additional services pursuant to s. 4.5 herein and the Municipality shall thereafter invoice
and the County shall pay the cost of those services pursuant to s. 5.2 herein.
• Municipality shall manage, supervise, and participate in the closure and detour of any County road as requested by the Municipality or the public, and approved
by the County, to accommodate an approved local event, including but not limited to a parade, cultural festival, or cycling, running or other athletic competition, and such services do not constitute additional works under the within Road Maintenance Agreement to which ss. 4.5 and 5.2 applies. 7.0. Winter Control Service Description: Winter road and bridge maintenance of County roads, including but not limited to winter weather, snowfall, and ice prevention
monitoring, salting / sanding, snowplowing, ice blading, and
standby patrols. Service Details:
• Municipality to perform all winter control services on County Road and bridges to which Road Maintenance Agreement applies to conform to then current Minimum Maintenance Standards.
• Municipality will also perform winter control services on highway bridges and overpasses not owned by or under jurisdiction of County but otherwise connecting to at least parts of County roads.
• Where and when applicable, the Municipality shall follow the “Canadian Code of Practice for the Environmental Management of Road Salts” and the County of
Elgin’s “Road Salt Management Plan”, a copy of which latter document is
included in the appendix to this Schedule.
8.0. Appendix 8.1. The attached Appendix of relevant Elgin County Policies / Plans reflecting upon or related to this Scope of Services forms part of this Schedule “C”. 8.2. As of January 1, 2023, the attached Appendix includes photocopies of the following Elgin County Policies / Plans
• No Spray Policy
• Deer Warning Signage Policy
• Road Salt Management
Plan Effective: January 1, 2023
APPENDIX
NO SPRAY POLICY
ADDITIONAL RESOURCES
MTO Maintenance Manual – Environmental Protection
MTO Maintenance Manual – Occupational Health and Safety Hazards NO SPRAY POLICY
The "blanket" spraying of herbicides to proactively destroy unwanted vegetation is not permitted by the County of Elgin. Spraying herbicides strictly for cosmetic purposes is also not permitted.
Road side spraying is not permitted unless, in the opinion of the Road Supervisor, one or
more of the following criteria presents itself: EXCEPTIONS:
1) Inaccessible areas- some road properties cannot be accessed by mechanical
equipment or workers due to unsafe working conditions. For example, this would include steep slopes and farm entranceways where safety is a concern. 2) Public safety concerns- road properties that contain overgrown and invasive species
as well as noxious weeds that have the potential to create unsafe conditions along the
roadway. Sight line obstructions at intersections and around fixed hazards close to the travelled portion of the road must be addressed. 3) Noxious weeds- densely populated areas of invasive species and noxious weeds (as
identified by the Weed Control Act) shall be removed in a manner that prohibits their return
or spread to an adjacent area. 4) Previous Mechanical Removal Attempts Were Unsuccessful - when previous attempts of removing unwanted vegetation have not been successful, these previous
attempts shall be documented.
If and when herbicides are used, they must be applied in strict accordance with Provincial regulations and manufacturer's directions. This includes and is not limited to public notices, climate restrictions and avoiding environmentally sensitive areas. The County of Elgin's Salt
Management Plan identifies sensitive areas adjacent to county roads and should be used
as a minimum baseline guide identifying sensitive areas not to use herbicides. Herbicides shall be selected to target specific unwanted species and be approved for use by Health Canada.
1
REPORT TO COUNTY COUNCIL
FROM: Brian Lima, Director of Engineering
Services
Peter Dutchak, Deputy Director of Engineering
Services
DATE: August 5, 2020
SUBJECT: Deer Crossing Warning Signs Evaluation
RECOMMENDATION:
THAT additional deer crossing warning signs be installed on County roads as detailed in
the report titled “Deer Crossing Warning Signs Evaluation”, and; THAT the project’s estimated cost of $22,000 be funded by the Road Sign Replacement project (60902003), and;
THAT the County post the OPP’s public awareness campaign regarding deer collisions in the fall annually on the County’s website and social media pages.
INTRODUCTION:
The Elgin Group Police Services Board has requested that an evaluation of existing
deer crossing warning signs be undertaken by the County’s Engineering Services
Department in cooperation with Elgin OPP. This report shall discuss existing deer
crossing warning signage along County roads and recommend updated signage based
upon recent collision data.
DISCUSSION:
County Council has directed staff to evaluate existing deer crossing warning signage
along County roads in cooperation with Elgin OPP. The guidelines for Deer crossing
warning signage are outlined in the Ontario Traffic Manual – Book 6, Warning Signs and
qualifying roads sections require at least one collision annually for at least five
consecutive years in road sections between 1.5km and 8km in length. Road sections
less than 1.5km require a minimum of 4 collisions annually.
In order to determine suitable placement of warning signage, a deer collision heat map
for the previous five years (2015-2020 up to the month of May) has been created and is
attached to this report for Council’s reference. Also depicted on the map are existing
2
deer crossing warning signage (54 in total shown in yellow) and enhanced deer
crossing warning signage (11 locations in total shown in red).
A review of the recent five-year deer collision experience and existing signage has
determined that additional deer warning signage (OTM code Wc-111) is required at 47
locations in order to capture qualifying areas along County roads. The second attached
map titled, “Proposed Deer Signage Locations”, depicts the locations of the additional
recommended warning signs to be installed.
Enhanced Signage Locations
In 2003 a working group comprised of the OPP, Ministry of Natural Resources, County
staff and a local community group met to find creative solutions to increase the
awareness of deer collisions on County roads. As a result, County Council endorsed a
plan to install enhanced warning signage in 11 areas along County roads that had
experienced the greatest number of deer collisions in the previous five years (1998 –
2002). In these locations, custom deer warning signs are installed with flashing amber
beacons annually during the months of October to January to warn motorists when deer
are most active in an attempt to reduce collisions. Local municipalities assist with the
installation and removal of the signage annually and this activity is explicitly identified in
the Road Maintenance Agreement.
A review of the most recent five-year deer collision experience on County roads
confirms many of these highest collision areas continue to exist in similar locations,
however some of the locations could be removed and some should be added to more
accurately identify the current high collision prone areas. Collision data obtained
through the MTO’s Authorized Requester Information System (ARIS) today provides an
accurate geographical referenced location of the collision whereas previous reporting
relied upon a written description on the collision report. The locations along County
roads with the highest density of collisions between 2015 and 2020, are shown on the
attached map titled, “Proposed Deer Signage Locations”, and listed in the following
table:
3
Enhanced Deer Crossing Warning Sign Locations
Location County Road From To
1 Talbot Line (CR 3) West of Furnvial Road East of Dunborough Road
2 Pioneer Line (CR 2) West of Dunborough Road East of Coyne Road
3 Fingal Line (CR 16) West of Iona Road East of Lakeview Line
4 Talbot Line (CR 3) East of Willey Road East of Houghton Road
5 John Wise Line (CR 45) South of Fingal Line West of Centennial Road
6 Sunset Drive (CR 4) North of Warren Street North of John Wise Line
7 Ron McNeil Line (CR 52) East of Wellington Road West of Highbury Avenue
8 Highbury Avenue (CR 30) North of Ron McNeil Line South of Carr Road
9 Belmont Road (CR 74) South of Borden Avenue North of Talbot Line
10 John Wise Line (CR 45) East of Quaker Road East of Springwater Road
11 Heritage Line (CR 38) East of Talbot Line West of Sandytown Road
It is proposed that each of these identified 11 locations receive a larger, 120cm x 120cm
Wc-1110 sign (a 90cm x 90cm sign is the largest standard sign) at the limits identified in
the table above and be in place permanently, not only during the months of October to
January as previously done, since deer collisions can occur at any time of year.
Additionally, during the months of October to January, a yellow battery operated LED
beacon shall be installed on these signs in order to increase their awareness to
motorists when deer are typically most active.
Cooperation with Elgin OPP and Public Communication
Staff has discussed deer collisions, signage and public communication strategies with
Elgin OPP. Collision data provided by the OPP is consistent with collision data obtained
from ARIS and used by the County. The OPP is supportive of additional and enhanced
signage and also noted the importance of public awareness. In this regard, the OPP
normally issues a fall press release with respect to deer collisions and County staff have
proposed to post this messaging on the County’s website and through social media at
the same time in a collaboration intended to increase public awareness.
FINANCIAL IMPLICATIONS:
The supply and installation of 22 (11 locations) enhanced deer crossing warning signs is
estimated to cost $9,000. The supply and installation of 47 deer crossing warning signs
is estimated to cost $13,000. The total project cost of $22,000 can be funded by the
Road Sign Replacement project (60902003).
4
ALIGNMENT WITH STRATEGIC PRIORITIES:
Serving Elgin
Growing Elgin Investing in Elgin
☒ Ensuring alignment of
current programs and services with community need.
☒ Exploring different
ways of addressing community need.
☒ Engaging with our
community and other stakeholders.
☐ Planning for and
facilitating commercial, industrial, residential, and agricultural growth.
☐ Fostering a healthy
environment.
☐ Enhancing quality of
place.
☐ Ensuring we have the
necessary tools, resources, and infrastructure to deliver programs and services
now and in the future.
☐ Delivering mandated
programs and services efficiently and effectively.
LOCAL MUNICIPAL PARTNER IMPACT:
Enhanced deer crossing warning sign locations will require a battery-operated beacon
be installed at the beginning of October and removed at the end of January annually.
The existing Road Maintenance Agreement requires the LMPs to remove enhanced
deer warning signage and beacons and install general messaging signs annually. The
proposed enhanced signage will be permanent with exception of the beacons.
COMMUNICATION REQUIREMENTS:
In partnership with Elgin OPP, the County will mirror press release messaging related to
deer collisions in the fall, on the County’s website and social media pages.
CONCLUSION:
Staff have completed an evaluation of existing deer crossing warning signage on
County roads and have had discussions with Elgin OPP. A deer collision heat map has
been created for the last five years to identify collision density areas to determine
appropriate warning signage placement per the Ontario Traffic Manual guidelines. In
addition to regular deer crossing warning signs, eleven locations have been identified
with the highest deer collision density over the past five years. It is proposed that these
locations receive larger deer crossing warning signage and that during the months of
October to January annually a yellow flashing LED beacon be installed on the sign post
to enhance warning messaging to motorists during the time when deer are typically
5
most active. The cost of the installed signage is estimated at $22,000 and can be
funded by the Road Sign Replacement project (60902003). It is also proposed that
County staff support the OPP’s fall press release campaign regarding deer collisions by
posting on the County’s website and media pages to increase public awareness.
Approved for Submission
Julie Gonyou
Chief Administrative Officer
All of which is Respectfully Submitted
Brian Lima
Director of Engineering Services
Peter Dutchak
Deputy Director of Engineering Services
518
3623265336384937
21 354353
1634
13
5027
42
7648
41
51
104
24 038
82
4214 46734057
7344
15 2539312837
4103 5411
194
2
6
52
20 4728220
09
247456
748
45
4530 323 5542
9 730Esri, HERE
Proposed Deer Signage
Locations
Deer Collisions Per Year
On County Roads2015 - 1972016 - 2402017 - 234
2018 - 232
2019 - 2962020 - 80 (January to May)
Deer Collisions Per Year
On County Roads2015 - 1972016 - 2402017 - 234
2018 - 232
2019 - 2962020 - 80 (January to May)
Deer Collisions DensityDeer Collisions Density 47 Additional Deer CrossingSigns (WC-111)1 - 51 - 5
6 - 106 - 10
11 - 2511 - 25
26 - 5026 - 50
Enhanced Deer Sign Locations
WC-1110 (120x120) + Beacon11 Location
1
2
4
3
5
6
7
8 9
10
11
SALT MANAGEMENT PLAN
Page 1 | 13
SALT MANAGEMENT PLAN
September 2020
SALT MANAGEMENT PLAN
Page 2 | 13
1.0 INTRODUCTION
1.1 Overview
The County of Elgin has approximately 700km of roads within the Corporation’s
jurisdiction. The County outsources road maintenance activities, including winter
maintenance, to it’s seven local municipal partners under formal agreement. In part, the
agreement requires that Provincial Minimum Maintenance Standards (Ontario
Regulation 239/02 and as amended by 366/18) are the standard to be met and each
municipality has the flexibility to meet the standards as they deem best. The following
local municipal partners (LMPs) are therefore responsible for winter maintenance on
County of Elgin roads within their respective municipal boundaries:
Municipality of West Elgin
Municipality of Dutton/Dunwich
Township of Southwold
Municipality of Central Elgin
Town of Aylmer
Township of Malahide
Municipality of Bayham
Snow and ice control is a key part in keeping roads safe. Road salt (particularly sodium
chloride) is the preferred de-icing / anti-icing chemical for maintaining winter roadway
safety due to its cost, effectiveness, and ease of handling. The County of Elgin, like
other road authorities utilizes road salt in order to fulfill its obligations under the
Municipal Act and to maintain safe roads for the travelling public during the winter
season.
In 2001, Environment Canada released an assessment report indicating that road salts
are entering the environment in large amounts and posing a risk to plants, animals,
birds, fish, lake and stream ecosystems and groundwater. The report recommended
that salt be designated toxic under the Canadian Environment Protection Act (CEPA).
Environment Canada has not banned the use of road salts, but have rather encouraged
users to develop management strategies. It should be noted that Health Canada has
stated that road salts are not harmful to humans.
In recognition of the adverse effects that excessive use of roads salt can have on the
environment, this Salt Management Plan has been created with the goal of minimizing
the amount of road salt entering the environment.
SALT MANAGEMENT PLAN
Page 3 | 13
1.2 Purpose of the Salt Management Plan (SMP)
The SMP is intended to demonstrate the commitment of the seven local road authorities
to reduce potential negative environmental effects by managing their road salt usage
and to remain consistent with Environment Canada’s stated objectives.
Road safety is of the utmost importance to the road authorities across Elgin County.
Modifications to winter maintenance activities will be implemented in such a manner that
balances the use of road salts while maintaining safety for road users and complying
with the requirements of the Provincial Minimum Maintenance Standards.
The SMP is intended to be a living document to incorporate new approaches and
technologies while meeting fiscal demands and keeping road safety as the first priority.
The SMP will be reviewed annually in this context and updated every five years with
endorsement from Elgin County Council.
1.3 Responsibility
It is the responsibility of every road authority involved in winter maintenance activities on
Elgin County roads to effectively manage the road salt used.
It is the responsibility of the County of Elgin to ensure that the SMP is developed,
maintained, updated and implemented throughout the County of Elgin.
The LMPs are responsible to ensure winter maintenance equipment operators and
patrol persons receive appropriate training, and that equipment is calibrated annually.
All personnel are to be familiar with the Code of Practice for the Environmental
Management of Road Salts.
It is the responsibility of all local Road Supervisors involved in winter maintenance to
ensure that the SMP is maintained, and implemented within their jurisdiction.
2.0 SALT MANAGEMENT POLICY
The LMPs are each responsible for maintaining their own Municipal Roads and for
providing road maintenance services to the County of Elgin under formal agreement to
maintain the County’s roads within their jurisdiction.
The County of Elgin adheres to the Municipal Act, 2001 Provincial Ontario Regulation
239/02 - “Minimum Maintenance Standards for Municipal Highways” and as amended
by Ontario Regulation 366/18.
SALT MANAGEMENT PLAN
Page 4 | 13
Applicable excerpts from the Ontario Regulations are included below.
Patrolling
3. (1) The standard for the frequency of patrolling of highways to check for conditions
described in this Regulation is set out in the Table to this section. O. Reg. 23/10, s. 3 (1); O.
Reg. 366/18, s. 3 (2).
(2) If it is determined by the municipality that the weather monitoring referred to in
section 3.1 indicates that there is a substantial probability of snow accumulation on
roadways, ice formation on roadways or icy roadways, the standard for patrolling
highways is, in addition to that set out in subsection (1), to patrol highways that the
municipality selects as representative of its highways, at intervals deemed necessary by the
municipality, to check for such conditions. O. Reg. 47/13, s. 2; O. Reg. 366/18, s. 3 (2).
(3) Patrolling a highway consists of observing the highway, either by driving on or by
electronically monitoring the highway, and may be performed by persons responsible for
patrolling highways or by persons responsible for or performing highway maintenance
activities. O. Reg. 23/10, s. 3 (1).
(4) This section does not apply in respect of the conditions described in section 10,
subsections 11 (0.1) and 12 (1) and section 16.1, 16.2, 16.3 or 16.4. O. Reg. 23/10, s. 3 (1);
O. Reg. 366/18, s. 3 (3).
TABLE
PATROLLING FREQUENCY
Class of Highway Patrolling Frequency
1 3 times every 7 days
2 2 times every 7 days
3 once every 7 days
4 once every 14 days
5 once every 30 days
O. Reg. 239/02, s. 3, Table; O. Reg. 23/10, s. 3 (2). Weather monitoring
3.1 (1) From October 1 to April 30, the standard is to monitor the weather, both current
and forecast to occur in the next 24 hours, once every shift or three times per calendar day,
whichever is more frequent, at intervals determined by the municipality. O. Reg. 47/13,
s. 3; O. Reg. 366/18, s. 4.
(2) From May 1 to September 30, the standard is to monitor the weather, both current and
forecast to occur in the next 24 hours, once per calendar day. O. Reg. 47/13, s. 3; O. Reg.
366/18, s. 4.
SALT MANAGEMENT PLAN
Page 5 | 13
Snow accumulation, roadways
4. (1) Subject to section 4.1, the standard for addressing snow accumulation on roadways
is,
(a) after becoming aware of the fact that the snow accumulation on a roadway is greater
than the depth set out in the Table to this section, to deploy resources as soon as
practicable to address the snow accumulation; and
(b) after the snow accumulation has ended, to address the snow accumulation so as to
reduce the snow to a depth less than or equal to the depth set out in the Table within the
time set out in the Table,
(i) to provide a minimum lane width of the lesser of three metres for each lane or the actual
lane width, or
(ii) on a Class 4 or Class 5 highway with two lanes, to provide a total width of at least five
metres. O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (1).
(2) If the depth of snow accumulation on a roadway is less than or equal to the depth set
out in the Table to this section, the roadway is deemed to be in a state of repair with
respect to snow accumulation. O. Reg. 47/13, s. 4.
(3) For the purposes of this section, the depth of snow accumulation on a roadway and, if
applicable, lane width under clause (1) (b), may be determined in accordance with
subsection (4) by a municipal employee, agent or contractor, whose duties or
responsibilities include one or more of the following:
1. Patrolling highways.
2. Performing highway maintenance activities.
3. Supervising staff who perform activities described in paragraph 1 or 2. O. Reg. 47/13,
s. 4; O. Reg. 366/18, s. 5 (2).
(4) The depth of snow accumulation on a roadway and lane width may be determined by,
(a) performing an actual measurement;
(b) monitoring the weather; or
(c) performing a visual estimate. O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (3).
(5) For the purposes of this section, addressing snow accumulation on a roadway includes,
(a) plowing the roadway;
(b) salting the roadway;
(c) applying abrasive materials to the roadway;
(d) applying other chemical or organic agents to the roadway;
(e) any combination of the methods described in clauses (a) to (d). O. Reg. 366/18, s. 5 (4).
(6) This section does not apply to that portion of the roadway,
(a) designated for parking;
(b) consisting of a bicycle lane or other bicycle facility; or
(d) used by a municipality for snow storage. O. Reg. 366/18, s. 5 (4).
SALT MANAGEMENT PLAN
Page 6 | 13
TABLE
SNOW ACCUMULATION - ROADWAYS
Class of Highway Depth Time
1 2.5 cm 4 hours
2 5 cm 6 hours
3 8 cm 12 hours
4 8 cm 16 hours
5 10 cm 24 hours
O. Reg. 47/13, s. 4; O. Reg. 366/18, s. 5 (5).
Ice formation on roadways and icy roadways
5. (1) The standard for the prevention of ice formation on roadways is doing the following
in the 24-hour period preceding an alleged formation of ice on a roadway:
1. Monitor the weather in accordance with section 3.1.
2. Patrol in accordance with section 3.
3. If the municipality determines, as a result of its activities under paragraph 1 or 2, that
there is a substantial probability of ice forming on a roadway, treat the roadway, if
practicable, to prevent ice formation within the time set out in Table 1 to this section,
starting from the time that the municipality determines is the appropriate time to deploy
resources for that purpose. O. Reg. 366/18, s. 8.
(2) If the municipality meets the standard set out in subsection (1) and, despite such
compliance, ice forms on a roadway, the roadway is deemed to be in a state of repair until
the applicable time set out in Table 2 to this section expires after the municipality becomes
aware of the fact that the roadway is icy. O. Reg. 366/18, s. 8.
(3) Subject to section 5.1, the standard for treating icy roadways is to treat the icy roadway
within the time set out in Table 2 to this section, and an icy roadway is deemed to be in a
state of repair until the applicable time set out in Table 2 to this section expires after the
municipality becomes aware of the fact that a roadway is icy. O. Reg. 366/18, s. 8.
(4) For the purposes of this section, treating a roadway means applying material to the
roadway, including but not limited to, salt, sand or any combination of salt and sand. O. Reg.
366/18, s. 8.
(5) For greater certainty, this section applies in respect of ice formation on bicycle lanes on
a roadway, but does not apply to other types of bicycle facilities. O. Reg. 366/18, s. 8.
SALT MANAGEMENT PLAN
Page 7 | 13
TABLE 1
Ice Formation Prevention
Class of Highway Time
1 6 hours
2 8 hours
3 16 hours
4 24 hours
5 24 hours
O. Reg. 366/18, s. 8.
TABLE 2
Treatment of ICY ROADWAYS
Class of Highway Time
1 3 hours
2 4 hours
3 8 hours
4 12 hours
5 16 hours
O. Reg. 366/18, s. 8.
3.0 Best Management Practices
The Canadian Code of Practice for the Environmental Management of Road Salts and
the TAC Syntheses of Best Practices has identified Best Management Practices for the
handling, storage and use or road salts. Code of Practice objectives have been defined
in the following categories: Annual Reports, Salt Management Plans, Salt Storage, Salt
Application, Snow Disposal, Training and Salt Vulnerable Areas. A list of the Code of
Practice Objectives along with corresponding Performance Indicators is provided in
Table ‘1’.
SALT MANAGEMENT PLAN
Page 8 | 13
Table 1 Code of Practice Objectives and Performance Indicators
CODE OF PRACTICE OBJECTIVES PERFORMANCE INDICATORS Annual Reports
Submit annual reports by June 30. Submission of annual reports.
Salt Management Plans
Develop and implement salt management plans that meet the contents in Section 9 of the Code. Preparation and implementation of salt management plans. Salt Storage
Store road salts under a permanent roof and on an impermeable surface. Cover blended sand/salt piles.
Implement handling practices that avoid uncontrolled releases (good housekeeping practices). Manage drainage to control the release of
contaminants, including from wastewater from equipment washing and facility.
Salt stored under cover and on impermeable pads.
Blended sand/salt piles covered.
Implementation of good housekeeping practices.
Presence of runoff collection systems or management of salt impacted drainage.
Salt Application
Use advancements in winter maintenance materials, equipment and decision support systems, such as road weather information systems.
Use of electronic spreader controls.
Use of pre-wetting.
Use of direct liquid application.
Presence of an equipment calibration and re-calibration program. Use of road weather information systems.
Use of pavement temperatures when making salt application decisions. Snow Disposal
Implement handling practices that avoid uncontrolled releases.
Manage drainage to control the release of contaminants.
Implementation of good housekeeping practices.
Engineered sites with collection of runoff and meltwater.
Presence of meltwater collection ponds.
Training
Train staff in best management practices and provide periodic training in salt management. Implementation of training programs in best management practices. Salt Vulnerable Areas
Identify salt vulnerable areas.
Manage salt use in salt vulnerable areas to minimize impacts.
Inventories of salt vulnerable areas.
Implementation of best practices to reduce impacts.
3.1 Annual Reports
The County of Elgin is responsible to report various road salt management metrics to
Environment Canada annually and before June 30th. In advance of the reporting
deadline, LMPs will submit applicable information to the County by May 1st each
calendar year, with respect to their road salt use and management over the previous
winter season.
SALT MANAGEMENT PLAN
Page 9 | 13
3.2 Salt Management Plans
The County of Elgin is responsible for developing a Salt Management Plan that satisfies
the objectives of the Canadian Code of Practice for the Environmental Management of
Road Salts. This plan is updated and approved by County Council once every 5 years.
3.3 Salt Storage Sites
The objective for salt storage sites is the prevention or control of releases from existing
and new sites. In pursuing this objective, the following practices should be considered:
Coverage of salt piles and blended salt-sand piles
Handling practices that avoid uncontrolled releases
Drainage management
Wash water collection and treatment
Training of personnel, and
Monitoring the effectiveness of the facility
Currently, every LMP stores salt materials under cover and on impermeable surfaces.
Forty-three (43%) of the LMPs have the ability to load salt indoors while every LMP
loads salt on impermeable surfaces and continually cleans up any spilled materials as
good housekeeping practices.
3.4 Salt Application
The objective for salt application is the reduction of the negative impacts of road salts by
delivering the right amount of road salts in the right place at the right time. In pursuing
this objective, consideration should be given to using the most recent advancements in
the application of winter maintenance anti-icing and de-icing materials, winter
maintenance equipment and road weather information and other decision support
systems. As well, the training of personnel and the monitoring of the effectiveness of
road salt application techniques should be considered.
Currently, every LMP utilizes ground spreading controls and has automated vehicle
location systems on their entire fleet dedicated to winter control. Most LMPs either pre-
wet salt before it is applied or use pre-treated salt.
3.5 Snow Disposal
The objective for snow disposal is the control of releases from existing and new sites.
In pursuing this objective, the following practices should be considered:
SALT MANAGEMENT PLAN
Page 10 | 13
Location and construction of the sites considering operational and environmental
factors
Drainage management
Training of personnel
Monitoring of the effectiveness of the facility
Currently, forty-three (43%) of the LMPs have seasonal snow disposal sites (3 across
Elgin County).
3.6 Training
Plans and policies are normally created by managers and supervisors in an
organization. The successful implementation of the Salt Management Plan is
contingent upon front line staff and operators being familiar about the plan and how best
to achieve its objectives. In order to be most effective, staff at all levels should be
aware of this plan and trained on a routine basis with respect to road salt management
best practices.
Currently every LMP either follows a local schedule or is in the midst to developing a
local schedule to ensure managers, supervisors and operators receive up to date
training regularly.
3.7 Salt Vulnerable Areas
A “salt vulnerable area” means an area particularly sensitive to road salts where
additional salt management measures may be necessary to mitigate the environmental
effects of road salts in that area. Organizations should identify areas that may be
particularly sensitive to road salts. Once a vulnerable area has been identified,
organizations may then determine the level of vulnerability and the need to implement
additional salt management measures. Additional salt management measures in salt
vulnerable areas may include:
Using technologies that further optimize the use of road salts
Using environmentally, technically and economically feasible alternatives to road
salts
Increasing monitoring and measuring of chlorides and/or their impacts
Locating patrol yards and snow disposal sites outside vulnerable areas
Considering location and protection of vulnerable areas in the design of new
roads and/or upgrading of existing roads.
It is important to note, when identifying vulnerable areas, that an area may be
vulnerable either to infrequent but heavy addition of road salts or to light but frequent
addition of road salts.
SALT MANAGEMENT PLAN
Page 11 | 13
Organizations may consider consulting with other agencies such as conservation
authorities and source water protection boards who may have information regarding
potential road salt vulnerable areas within common jurisdictions.
Currently only one salt vulnerable site has been identified (Hamlet of Richmond) as a
local source water protection area.
4.0 Current Practices and Goals
An inventory of the current road salt use practices has been undertaken to form a
benchmark against which progress can be measured. Elgin County’s local municipal
partners have provided information with respect to their current practices within each of
the Best Management Practices categories: Spreading Materials and Equipment, Salt
Vulnerable Areas, Salt Storage Sites, Snow Disposal and Training. The summary of
current practices by municipality is provided in Table ‘3’.
Each respective municipality manages their own staff and resources as they deem best
suited to meet the Provincial Minimum Maintenance Standards for winter control
activities. As it pertains to road salt management, it is envisioned that the best
management practices outlined in this plan be adopted as goals by Elgin’s local
municipal partners (LMPs) and be implemented as opportunities present themselves
(i.e. equipment replacement) and as financial planning and competing budgets permit.
SALT MANAGEMENT PLAN Page 12 | 13 TABLE 3 – CURRENT ROAD SALT MANAGEMENT PRACTICES BY MUNICIPALITY SALT MANAGEMENT PLANCURRENT PRACTICES (2020) BY MUNICIPALITYMunicipality of Municipality of Township of Municipality of Township of Town of Municipality ofWest Elgin Dutton/Dunwich Southwold Central Elgin Malahide Aylmer BayhamTotal km of County Road maintained99.533 96.693 101.275 140.369 146.191 4.124 91.247Total tonne of Salt Used in previous winter season (2019/20)569 903 68815791221 75 1197Total Salt/Sand mix used on County roads276 852 98 323 582 605Percentage of Salt in Salt/Sand Mix5% 33% 10% 5% 10% 40% 15%Quanity (Litres) of liquid appliedBrine500Beet Juice159069867 15900Other54258Amount of Liquid used for pre‐wetting salt material (Litres)11000pre-treated5354955552100Amount of Liquid used for anti‐icing (Litres)5004906709.6643124100SPREADING MATERIALS AND EQUIPMENTSalt Application Rate (kg/km)130 (general), 170 (freezing rain) 75, 100, 130, 150, 17075, 100, 15013070, 90, 110, 130200100 (120 on hills)Sand Application Rate (kg/km)285 (general), 570 (packed) 200, 250, 300, 350, 400, 450, 570325, 570570350, 450, 550550Sand / Salt Mix Application Rate (kg/km)490300Number of Vehicles Assigned to salt application3579824Number of vehicles with ground sensor controls 3579814Number of vehicles equipped with pre‐wetting 0307803Number of vehicles designed for direct liquid 1121101Percentage of Fleet that records salt application rates1001001001001000100Percentage of Fleet that has automated vehicle location 100 100 100 100 100 100 100Use of alternate freeze point depressants Brine, 500L annually Beet Juice ‐ 20,000L annually Pretreated salt Mastermelt ‐ 54,258L annually none none Beet Juice ‐ 15,900L annuallyNumber of surface temperature measuring devices 4 10 every truck 6 5 2 7Use of dedicated pavement and/or atmospheric forecasting systems Provincial RWIS MESH none OGRA Weather Tracker App OGRA Weather Tracker AppnonenoneSALT VULNERABLE AREASnonenonenonenonenoneNot identifiedHamlet of Richmondn/an/an/an/an/anoneSand/salt or 70kg/km salt rateSAND AND SALT STORAGE SITESNumber and capacity (tonne) of storage sites22413 Hoskins Line136 Currie Road35663 Fingal Line42434 Fruitridge Line 49458 John Wise Line ‐ 1,300t 32 Chipchase Court 8354 Plank Road (2 buildings)500t salt, 1,500t sand400t salt4,000t2,000t salt, 1,000t sand 13272 Imperial Road ‐ 1,000t570t salt3000tPercentage of salt/sand stored under cover on impermeable pads100100100100100100100Percentage of facilities with indoor loading0010010000100Percentage of sites with management of salt impacted drainage 00010001000Number of salt storage sites that have collection systems 1001011Where is runoff diverted to? municipal drainnana municipal drain na pond municipal drainLevels of environmental indicators (i.e. chloride levels)nonenonenonenonenonenonenonePercentage of salt in winter sand 5 510 5104015Good Housekeeping Practices yes no yes yes no yes, not formalized material mixing done on padMaterials handled on impermeable surfaces? yesyesyes yes yes yes yesEquipment used to prevent truck overloading? noyesno yes no yes noSystem for collection/treatment of wastewater?noyesnoyesnoyesnocontrol of external waters not impacted by salt?yesyesnoyesnoyesnoOngoing cleanup of sites and spilled materials?yesyesyesyesyesyesyesRisk Management and emergency plans in place?yesyesyesyesyesyesnoSNOW DISPOSAL SITESNumber and capacity of snow disposal sites (permanent/seasonal) Rodney and West Lornevery large capacitynonenonenone 6,250m3 capacitynoneSeasonalseasonalSeasonalLevels of Environmental Indicatorsnono n/an/an/ano n/aPercentage of disposal sites with water management systemsnonenonen/an/an/anonen/aConformance with existing environmental standardsn/an/an/an/an/ayesn/aExistence of a good housekeeping policyn/an/ayesn/an/an/an/aDisposed upon low permeability surface?n/an/an/an/an/an/an/aMeltwater directed to retention pond before discharged?n/an/an/an/an/an/an/aMeltwater dischared to municipal sewer?n/an/an/an/an/an/an/aMeltwater dischared into watercourse?n/an/an/an/an/aditchn/aTRAINING ‐ Managers100% annually 50%pending100% annually100% annuallyReview local policy annually100% annually‐ Supervisors100% every 2‐3 yearspendingpending100% annually100% annuallyReview local policy annually100% annually‐ Operators100% annually in‐housependingpending100% annually100% annuallyReview local policy annually100% annuallyLocations of salt vulnerable areas (i.e. wetlands, source water protection areas)Description of winter maintenance practices in the vicinity of salt vulnerable areas (i.e. alternate treatment)Percentage and frequency of staff receiving traiing in Best Salt Management Practices
SALT MANAGEMENT PLAN
Page 13 | 13
5.0 Conclusion
The County of Elgin in collaboration with its local municipal partners are committed to
maintaining roads during the winter season in accordance with Provincial regulations.
Winter control activities utilizing road salt is necessary to achieve this goal. Excessive
use of road salt can have environmental impacts and the road authorities across Elgin
County recognize this responsibility.
The Salt Management Plan has been created as a resource and guide for road
authorities across Elgin County to determine the most effective methods to maintain
safety for road users while managing the effects of road salt on the environment.
SCHEDULE “D”
MONTHLY INVOICE FORMAT
SCHEDULE “D”
MONTHLY INVOICE FORMAT
Date:
Invoice No.
(NAME OF MUNICIPALITY) Invoice for County Road Maintenance Activities completed for the month of
Item Description Amount
1 Monthly Road Maintenance Payment (Schedule E) $
2
Additional Services - Attach a calculation and all relevant documentation
$
TOTAL DUE $
Monthly Inspection Confirmation
Date of Monthly Inspection:
Name of Inspector:
Documentation Included with this invoice
(i) Quarterly Road Work Report
(ii) Annual Financial Report
SCHEDULE “E”
PAYMENT SCHEDULE
SCHEDULE “E”
PAYMENT SCHEDULE
Name of Municipality: Bayham
Total Payment (2023): $497,226.78
Payment Schedule (By Month):
January , 2023 $74,584.02 (15%)
February , 2023 $74,584.02 (15%)
March , 2023 $24,861.34 (5%)
April , 2023 $24,861.34 (5%)
May , 2023 $24,861.34 (5%)
June , 2023 $24,861.34 (5%)
July , 2023 $24,861.34 (5%)
August, 2023 $24,861.34 (5%)
September , 2023 $24,861.34 (5%)
October , 2023 $24,861.34 (5%)
November , 2023 $74,584.02 (15%)
December , 2023 $74,584.02 (15%)
Total $497,226.78 (100%)
SCHEDULE “F”
QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY)
SCHEDULE “F”
QUARTERLY ROAD WORKS REPORT (MUNICIPALITY TO COUNTY)
Date: Municipality:
Item Number Road Name Location Description (Address) Maintenance Works Required Date Identified Date Works Completed / Scheduled Notes Patroller
SCHEDULE “G”
YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY)
SCHEDULE “G”
YEAR-END FINANCIAL STATEMENT (MUNICIPALITY TO COUNTY)
Labour Equipment Materials/
Contracts
Admin Other Totals
Inspection/Patrol $ $ $ $ $ $
Road Surfaces $ $ $ $ $ $
Roadside $ $ $ $ $ $
Drainage Systems $ $ $ $ $ $
Bridges/ Culverts $ $ $ $ $ $
Safety Devises $ $ $ $ $ $
Winter Control $ $ $ $ $ $
Totals $ $ $ $ $ $
SCHEDULE “H”
WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT
SCHEDULE “H”
WINTER ROAD SALT USE AND WINTER CONTROL OPERATIONS QUESTIONNAIRE FORMAT
Municipality / Township / Town of
Training - Was Training taken?Yes / No
Manager(s)Supervisor(s)
Operator(s)
Mechanic(s)
Patroller(s)
Improvements made to…Number Identified Number Achieved
Material Storage FacilitesSalt Application EquipmentSnow Disposal Areas
Vulnerable Areas
Winter Conditions - Number of days requiring Salt Application days
Material Used
De-icers (solids)Sodium Chloride (NaCl)tonneMagnesium Chloride (MgCl2)tonne
Calcium Chloride (CaCl2)tonne
Pre-treated Salt %
Treated Abrasives
Quantity of abrasives (sand) before mixing (tonnes)tonne
Quantity of solid salts mixed with abrasives (tonnes)tonne
If exact quantity of salt mixed with abrasives is not reported separately above, indicate the % of salt mixed with abrasives:%
Liquids
Provide the quantity of ALL liquids used for pre-wetting, pre-treatment and
direct liquid application (anti-icing) of ALL types (NaCl, MgCl2, CaCl2)Litres
Salt StorageHow many salt storage sites are managed and/or controlled
by your Organization
Road SaltsPercentage of sites covered by a permanent roof %Percentage of sites covered only with a tarp %
Salt Treated Abrasives
Percentage of sites covered by a permanent roof %Percentage of sites covered only with a tarp %
Storage Surface - Materials stored on an impermeable surface
Road Salts %
Treated Abrasive %
Good Housekeeping Practices Yes / NoAll materials are handled in a designated impermeable surface area
Equipment to prevent overloading of trucks
System for collecting/treating wastewater from cleaning trucks
Control and diversion of external waters (not impacted by salt)Ongoing cleanup of the site surfaces and spilled material is swept quickly
Risk Management and emergency measure plans are in place
DrainageNumber of sites that have drainage and collection system for runoff
of salt contaminated waters
Does you organization monitor the chloride concentration in the runoff?
Specify discharge pont into:Yes / No
a municipal sewer systema containment system for removala watercourse
other(s)
Salt Application Management of Equipment
Total number of vehicles assigned to solid salt application
Total number of vehicles with conveyors and ground speed sensors
Total number of vehicles equipped with pre-wetting equipmentTotal number of vehicesl desinged for direct liquid application (DLA)
Is spreading equipment regularly calibrated?
Frequency of calibration (times per year)
Weather Monitoring Yes / No Number
Infrared thermometer
Meterological service
Fixed Road Weather Information System (RWIS) stationsVehicle-mounted mobile RWIS
Maintenance Decision Support Yes / No % of Fleet
Record of salt application rates
Automated vehicle location (AVL)Use of a chart for application rates adapted to raod/weather conditionsTesting of Maintenance Decision Support System (MDSS)
Snow DisposalManagement of SnowDoes your organization perform snow disposal at a designated site?
Total number of sites
Total design capacity of all snow disposal sites (in cubic metres)
Does your organization use snow melters?Percentage of disposed snow with snow melters
Is the meltwater from snow melters discharged through storm sewers?
Design of Snow Disposal Sites % of snow disposed Number of sites
Snow is disposed of entirely on a low permeability surfaceAll meltwater is directed to a retention pond before its discharge
All meltwater is collected and discharged into a municipal sewer system
All meltwater is collectred and discharged into a watercourse
Management of Salt Vulnerable AreasInventory - Identification fo Salt Vulnerable AreasHas your road organization completed an inventory of salt vulnerable Yes/No/Partially
areas within your territory?
Salt vulnerable areas within territory - Identification of Salt Vulnerable Areas Yes/No/PartiallyDo you have salt vulnerable area(s) within your territory?
Action Plan - Identification of Salt Vulnerable Areas Yes/No/Partially
Has your organization prepared an acion plan to prioritize
areas where measures will be put in place?
Supplementary Protection or Mitigation Measures Yes/No/PartiallyDid your organization implement supplementary and specificprotection or mitigation measures to eliminate or reduceroad salt impacts on vulnerable areas?
Environmental Monitoring Yes/No/Partially
Does your organization conduct environmental monitoring to measure
impacts of road salts on vulnerable areas?
Types of Vulnerable AreasType of Vulnerability # of areas identified
Drinking water (surface or groundwater)Aquatic Life (lake and watercourse)
Wetlands (and associated aquatic life)
Delimited areas with terrestrial fauna or flora
Valued lands
# of areas with protection measures in place # of areas with chlroide monitoring
SCHEDULE “I” QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY) FORMAT
SCHEDULE “I”
QUARTERLY INSPECTION REPORT (COUNTY TO MUNICIPALITY)
Date: Municipality:
Item Number Road Name Location Description (Address) Maintenance Deficiency Date Identified Date Repaired / Scheduled Notes Patroller
SCHEDULE “J-1”
TERMS OF REFERENCE – OPERATIONS COMMITTEE
SCHEDULE “J-1”
TERMS OF REFERENCE – OPERATIONS COMMITTEE
Mandate:
1. Identification and details of upcoming repair/maintenance projects relevant to Road
Maintenance Agreement. 2. Identification and details of upcoming capital projects relevant to Road Maintenance Agreement.
3. Identification, discussion, and resolution of operational issues related to Road Maintenance Agreement.
4. Referral of unresolved issues related to Road Maintenance Agreement to
Governance Committee.
5. Identification and discussion of potential shared procurement opportunities for
County and Local Municipal Partners as relevant to Road Maintenance Agreement. 6. Coordination of shared Service delivery relevant to Road Maintenance Agreement.
Composition: County Engineer (or designate); and Local Municipal Roads Superintendents (or designates).
Quorum: County Engineer (or designate) plus majority of Local Municipal Roads Superintendents (or designates).
Chair: County Engineer (or designate).
Recorder:
Arranged and provided by County Engineer. Meeting Schedule:
At least one (1) meeting per quarter calendar year upon dates and at times established by Committee Members at first meeting of Committee each calendar year. Agenda
1. To be prepared and circulated by County representative at least ten (10) days prior to next scheduled meeting.
2. Specific agenda item requests, including relevant documentation, to be delivered to County representative at least seven (7) days prior to Agenda circulation date.
SCHEDULE “J-2”
TERMS OF REFERENCE – GOVERNANCE COMMITTEE
SCHEDULE “J-2”
TERMS OF REFERENCE – GOVERNANCE COMMITTEE
Mandate: 1. Receive and consider the Annual Compliance Report prepared and delivered by the
County. 2. Identify, consider, and provide direction/guidance in relation to organizational and/or systemic concerns relating to Road Maintenance Agreement, including but not limited to matters identified within the Annual Compliance Report prepared and delivered by
the County. 3. Consider and discuss unresolved operational issues referred from Operations Committee.
4. Identify consensual draft amendments to Road Maintenance Agreement for presentation to Elgin County Council and Local Municipal Councils, such amendments to include but not to be limited to subject matter of any resolution of operational issues referred from Operations Committee. 5. Consider and promote general compliance with provisions of Road Maintenance Agreement.
Composition: Chief Administrative Officer – Elgin (County) (or designate); and, Chief Administrative Officers - Local Municipal Partners (or designates).
Meeting Schedule: As required but at least semi-annually, including as convened and held in conjunction
with any regular meeting of Chief Administrative Officers of both Elgin (County) and all constituent Local Municipal Partners within the territorial limits of Elgin County. Agenda
1. To be prepared and circulated by Elgin (County) Chief Administrative Officer at least seven (7) days prior to next scheduled meeting.
2. Specific agenda item requests, including relevant documentation, to be delivered to Elgin (County) Chief Administrative Officer at least seven (7) days prior to Agenda circulation date.
EFFECTIVE as of the 1st day of January, 2023.
B E T W E E N :
CORPORATION OF THE COUNTY OF ELGIN - and -
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
_________________________________________ COUNTY ROADS MAINTENANCE AGREEMENT _________________________________________
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2023-081 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD OCTOBER 19, 2023 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the actions of the Council of The Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other
action by the Council at the Council meeting held October 19, 2023 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 19th DAY OF OCTOBER 2023.
____________________________ _____________________________ MAYOR CLERK