HomeMy WebLinkAboutMay 16, 2024 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, May 16, 2024
7:00 p.m.
The May 16, 2024 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
6. DELEGATIONS
A. Vincent Lizotte re 2018 Municipal Energy Plan – Local Action Plan on GHG Emissions
7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held May 2, 2024
B. Statutory Planning Meeting held May 2, 2024
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 Agenda May 16, 2024
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A. Report PS-08/24 by Ed Roloson, Manager of Capital Projects – Water/Wastewater re
2024 Roads Surface Treatment – Capital
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Minor Variance Application A-05/24 Mauer
B. Notice of Public Meeting re Minor Variance Application A-06/24 Thiessen
C. Notice of Public Meeting re Minor Variance Application A-07/24 Thiessen
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DS-38/24 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning
Application ZBA-13/24 Dan Froese Farms Inc. 56796 Glen Erie Line
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Prince Edward County re National Housing Affordability Crisis
B. County of Hastings re Sustainable Infrastructure Funding for Small Rural Municipalities
C. Township of Manitouwadge re Review of the Ontario Works and Ontario Disability
Support Program Financial Assistance Rates
D. Multi-Municipal Energy Working Group re Wind Turbine Projects
E. Elgin County re April 30, 2024 County Council Highlights
F. Woodstock Ingersoll Tillsonburg & Area Association of Realtors re Bayham Housing
Market Update for April 2024
G. Watson & Associates re Bill 185 Comments (Planning Act & Municipal Act)
H. Watson & Associates re Bill 185 Comments (Development Charges Act)
I. Port Burwell Area Secondary Water Supply System re Draft Minutes from April 24, 2024
Meeting
J. Long Point Region Conservation Authority re April 3, 2024 Meeting Minutes
K. Long Point Region Source Protection Authority re April 5, 2023 Meeting Minutes
Council Agenda May 16, 2024
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L. Township of Malahide, Municipality of Bayham & Town of Aylmer re Notice to Residents
and Property Owners Regarding Noxious Weeds
13.1.2 Requiring Action
13.2 Reports to Council
A. Report CL-05/24 by Meagan Elliott, Clerk re Procedural By-law Amendments
B. Report CL-06/24 by Meagan Elliott, Clerk re 2024 Municipal Assistance – First Intake
C. Report CAO-19/24 by Thomas Thayer, CAO re GIS Services Agreement – Elgin County
14. BY-LAWS
A. By-law No. 2024-010 Being a by-law to provide for drainage works in the Municipality
of Bayham in the County of Elgin known as the Eden Drain Branch C (third reading)
B. By-law No. 2024-025 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Duncor Enterprises Inc.
C. By-law No. 2024-026 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and the Corporation of the
County of Elgin for GIS services
D. By-law No. Z781-2024 Being a by-law to amend By-law No. Z456-2003, as amended –
Dan Froese Farms Inc.
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Draft Joint Cemetery Board Minutes from April 30, 2024 Meeting
B. Recommendation from the Joint Cemetery Board
16.1 In Camera
A. Confidential Item re Personal matters about an identifiable individual (Administration)
B. Confidential Item re Personal matters about an identifiable individual (Cemetery Board
Appointments)
16.2 Out of Camera
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-027 Being a by-law to confirm all actions of Council
18. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, May 2, 2024
7:00 p.m.
7:30 p.m. Statutory Planning Meeting – 2 Applications
The May 2, 2024 Council Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER
MANAGER OF CAPITAL PROJECTS
WATER/WASTEWATER ED ROLOSON
MANAGER OF PUBLIC WORKS STEVE ADAMS
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
Councillor Chilcott declared a pecuniary interest to item 13.1.2 A as she is President of the
Bayham Historical Society.
3. REVIEW OF ITEMS NOT LISTED ON AGENDA
4. ANNOUNCEMENTS
Deputy Mayor Weisler thanked those from the Bayham area who attended the Elgin County
Women Leadership Conference that was held on Saturday, April 27, 2024.
Councillor Chilcott reminded residents that there is a Mom to Mom Indoor Yard Sale at the
SCC this weekend from 9 am to 2 pm.
5. PRESENTATIONS
6. DELEGATIONS
Council Minutes May 2, 2024
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7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting of Council held April 18, 2024
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting of Council held April 18, 2024 be approved as
presented.
CARRIED
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
10.1 Correspondence
10.1.1 Receive for Information
10.1.2 Requiring Action
10.2 Reports to Council
11. PHYSICAL SERVICES – EMERGENCY SERVICES
11.1 Correspondence
11.1.1 Receive for Information
11.1.2 Requiring Action
11.2 Reports to Council
A. Report PS-07/24 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re
Port Burwell Area Secondary Water Supply System – Pipeline Desktop Condition
Assessment
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report PS-07/24 re Port Burwell Area Secondary Water Supply System - Pipeline
Desktop Condition Assessment Report be received for information.
CARRIED
Council considered item 12.1.1 before 11.2 B
The Council Meeting recessed for a Statutory Planning Meeting at 7:30 pm
The Council Meeting resumed at 7:38 pm
B. Report BL-04/24 by Stephen Miller, By-law Enforcement Officer re Municipal Law
Enforcement Policy Update
Council Minutes May 2, 2024
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Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT Report BL-04/24 re Municipal Law Enforcement Policy Update be received for
information;
AND THAT Council approve the Municipal Law Enforcement Policy as presented;
AND THAT a by-law be brought forward to adopt the Policy.
CARRIED
12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
12.1 Correspondence
12.1.1 Receive for Information
A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-12/24 Asher
B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-13/24 Dan
Froese Farms Inc.
C. Notice of Passing re Zoning By-law Amendment ZBA-08/23 Blatz
D. Notice of Passing re Zoning By-law Amendment ZBA-05/24 CHR Farms Ltd.
E. Notice of Passing re Zoning By-law Amendment ZBA-11/24 Peters
F. Notice of Decision re Minor Variance Application A-02/24 Froese
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 12.1.1 A – F be received for information.
CARRIED
12.1.2 Requiring Action
12.2 Reports to Council
A. Report DR-08/24 by Steve Adams, Manager of Public Works/Drainage Superintendent
re Bartley Drain Updated Assessment Schedule
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report DR-08/24 re Bartley Drain Updated Assessment Schedule be received for
information;
Council Minutes May 2, 2024
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AND THAT the Council of the Municipality of Bayham appoints Spriet Associates to
prepare an updated maintenance schedule pursuant to Section 76(1) of the Drainage Act,
for Council’s consideration.
CARRIED
13. FINANCE AND ADMINISTRATION
13.1 Correspondence
13.1.1 Receive for Information
A. Municipality of West Perth re Conservation Authorities Act
B. Municipality of Huron Shores re Urging the Government to Promptly Resume
Assessment Cycle
C. Loyalist Township re Housing Funding
D. City of St. Catharines re Provincial Regulations Needed to Restrict Keeping of Non-
Native (Exotic) Wild Animals
E. Municipality of St. Charles re Provincial and National Fire Fighting Strategy
F. Town of Grimsby re Endorsement of Bill C-63 in the House of Commons
G. City of Peterborough re Jurisdiction of Ontario’s Ombudsman
H. Municipal Property Assessment Corporation re 2023 Reports
I. Municipality of Bayham re Notice Concerning the Proposed Closure of a Highway –
Snow Street Road Allowance
J. Municipality of Bayham re Notice Concerning the Proposed Closure of a Highway – Faye
Street Road Allowance
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT items 13.1.1 A – J be received for information.
CARRIED
13.1.2 Requiring Action
A. Bayham Historical Society re Port Burwell Lighthouse Restoration
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the correspondence from the Bayham Historical Society re Port Burwell
Lighthouse Restoration be received for information;
Council Minutes May 2, 2024
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AND THAT Staff report back to Council with information regarding rehabilitation options
for the Port Burwell Lighthouse for discussion in June 2024.
CARRIED
B. Wendy Carmichael re Vienna Park Improvements & Parking
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT the correspondence from Wendy Carmichael re Vienna Park Improvements and
Parking be received for information;
AND THAT Council for the Corporation of the Municipality of Bayham requests Elgin
County to consider options for traffic safety on Plank Road from Edison to Oak.
CARRIED
C. James Hicks & Marilyn Davies re Chute Line
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT the correspondence from James Hicks & Marilyn Davies re Chute Line be
received for information;
AND THAT a by-law be presented to Council for consideration to change the speed limit
to 50 km/h on Chute Line.
CARRIED
D. Lyn Acre re Memorial Tulip Tree
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the correspondence from Lyn Acre re Memorial Tulip Tree be received for
information;
AND THAT Council for the Corporation for the Municipality of Bayham approves the
request and directs staff to work with Lyn Acre on a suitable location.
CARRIED
13.2 Reports to Council
A. Report CL-04/24 by Meagan Elliott, Clerk re Social Media
Moved by: Councillor Emerson
Council Minutes May 2, 2024
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Seconded by: Councillor Chilcott
THAT Report CL-04/24 re Social Media be received for information;
AND THAT staff be directed to report back with an updated policy with language
surrounding “post only” use and more information on staff availability to operationalize
the account.
CARRIED
B. Report CAO-15/24 by Thomas Thayer, CAO re Bill 185, Cutting Red Tape to Build More
Homes Act, 2024
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Report CAO-15/24 re Bill 185, Cutting Red Tape to Build More Homes Act, 2024
be received for information.
CARRIED
C. Report CAO-16/24 by Thomas Thayer, CAO re Debrief – April 8, 2024 Total Solar
Eclipse
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT Report CAO-16/24 re Debrief – April 8, 2024 Total Solar Eclipse be received for
information.
CARRIED
14. BY-LAWS
A. By-law No. 2024-023 Being a by-law to adopt a Municipal Law Enforcement Policy
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT By-law No. 2024-023 be read a first, second and third time and finally passed.
CARRIED
15. UNFINISHED BUSINESS
16. OTHER BUSINESS
A. Draft Minutes of the April 15, 2024 Waterfront Advisory Committee Meeting
B. Draft Minutes of the April 17, 2024 Museum Advisory Committee Meeting
Council Minutes May 2, 2024
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Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the draft minutes of the April 15, 2024 Waterfront Advisory Committee Meeting
and the draft minutes of the April 17, 2024 Museum Advisory Committee Meeting be
received for information.
CARRIED
C. Waterfront Advisory Committee Recommendations to Council
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Waterfront Advisory Committee Recommendations to Council be received for
information;
AND THAT staff be directed to:
- report back to Council with more information on the implementation of a pilot
program for paid parking at the Port Burwell East Beach;
- report to Council on the costing to create and erect signage about shelf ice in the
winter at the East Beach;
- bring forward an amended sign policy to include language to allow businesses to
advertise at the East Beach; and
- report to Council with information on the CoastSnap App.
CARRIED
D. Museum Advisory Committee Recommendations to Council
Moved by: Councillor Emerson
Seconded by: Deputy Mayor Weisler
THAT the Museum Advisory Committee Recommendation to Council be received for
information;
AND THAT Council for the Corporation of the Municipality of Bayham reaffirms By-law
No. 2017-117, being a by-law to authorize the execution of a trust agreement between
the Municipality of Bayham and the Port Burwell Historical Society.
CARRIED
16.1 In Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
Council Minutes May 2, 2024
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THAT the Council do now rise to enter into an “In Camera” Session at 9:56 p.m. to
discuss:
A. Confidential Item re Personal matters about identifiable individual; labour relations,
employee negotiations (Administration)
B. Confidential Item re 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 municipality or local
board (Road User Agreement)
CARRIED
16.2 Out of Camera
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT the Council do now rise from the “In Camera” Session at 10:42 p.m. and report on
Confidential Item re Personal matters about identifiable individual; labour relations,
employee negotiations (Administration) and Confidential Item re 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 municipality or local board (Road User Agreement)
CARRIED
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Confidential Item re Personal matters about identifiable individual; labour
relations, employee negotiations (Administration) be received for information.
CARRIED
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT Confidential Item re 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
municipality or local board (Road User Agreement) be received for information;
AND THAT staff proceed as directed.
CARRIED
17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-law No. 2024-024 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Council Minutes May 2, 2024
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Seconded by: Deputy Mayor Weisler
THAT Confirming By-law No. 2024-024 be read a first, second and third time and finally
passed.
CARRIED
18. ADJOURNMENT
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 10:44 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
STATUTORY PLANNING MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
Thursday, May 2, 2024
7:30 p.m.
A. Proposed Zoning By-Law Amendment ZBA-12/24 Asher – 11184 Plank Road
B. Proposed Zoning By-Law Amendment ZBA-13/24 Dan Froese Farms Inc. – 56796 Glen
Erie Line
The May 2, 2024 Planning Meeting was held using hybrid technologies via Zoom and
livestreamed on YouTube.
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS SUSAN CHILCOTT
TIMOTHY EMERSON
ABSENT: DAN FROESE
STAFF PRESENT:
CAO THOMAS THAYER
CLERK MEAGAN ELLIOTT
BY-LAW ENFORCEMENT OFFICER STEPHEN MILLER
MANAGER OF CAPITAL PROJECTS
WATER/WASTEWATER ED ROLOSON
MANAGER OF PUBLIC WORKS STEVE ADAMS
PUBLIC ATTENDEES A: EATON ASHER
PUBLIC ATTENDEES B: N/A
APPLICATION A
1. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
A. Proposed Zoning By-Law Amendment ZBA-12/24 Asher – 11184 Plank Road
2
THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Hamlet Residential
(HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-XX)’ Zone to permit the development of an
accessory detached garage on the subject property for personal vehicles and storage, which requires
relief from the following provisions: Section 4.2.c) to permit an accessory building in the front yard;
Section 4.2.d) to permit an accessory building closer to the street than the main building; Section
9.5.1 to permit a Maximum Height of 5.8 metres, whereas 4.5 metres is permitted; Section 9.7 to
permit a Maximum Floor Area of 187 m2 (includes the existing 18.9 m2 shed to be relocated),
whereas 75.0 m2 is permitted, and; Section 9.10 to permit a Minimum Rear Yard Depth of 2.9 metres,
whereas 9.0 metres is permitted. The subject property is known as 11184 Plank Road, east side, and
south of Eden Line.
THE EFFECT of this By-law will be to permit a new accessory building (detached garage) that is
located within the front yard, is closer to the street than the main building, exceeds the Maximum
Height and Maximum Floor Area, and does not meet the Minimum Rear Yard Depth.
5. PUBLIC PARTICIPATION
Eaton Asher, son of applicant, noted he is present to answer any questions.
6. CORRESPONDENCE
No correspondence.
7. OTHER BUSINESS
No other business.
8. ADJOURNMENT
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Emerson
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-12/24 is now complete at 7:34 p.m.
CARRIED
APPLICATION B
9. CALL TO ORDER
Mayor Ketchabaw called the meeting to order at 7:35 p.m.
10. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
11. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING
3
12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT
B. Proposed Zoning By-Law Amendment ZBA-13/24 Dan Froese Farms Inc. – 56796 Glen
Erie Line
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 the ‘Agricultural (A1)’ Zone to a Site-Specific ‘Rural Residential (RR-XX)’ Zone to permit
a Minimum Front Yard Depth of 3.3 metres and Minimum Lot Area of 0.38 hectares as a result of the
Glen Erie Line road widening required by the County of Elgin as a Condition of Approval. The
proposed Retained Lot is to be rezoned from the ‘A1’ Zone to a ‘Special Agricultural (A2)’ Zone to
prohibit new dwellings. The subject lands are known as 56796 Glen Erie Line, north side and east of
Stafford 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 with the Official Plan, as
part of the clearing of Consent Conditions for Elgin Land Division Committee file number E2-24 that
was Conditionally Approved on February 28th, 2024.
13. PUBLIC PARTICIPATION
No public participation.
14. CORRESPONDENCE
No correspondence.
15. OTHER BUSINESS
No other business.
16. ADJOURNMENT
Moved by: Councillor Chilcott
Seconded by: Councillor Emerson
THAT the Zoning By-law be considered at a future meeting of Council;
AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning
Application ZBA-13/24 is now complete at 7:38 p.m.
CARRIED
MAYOR CLERK
REPORT
Physical Services
TO: Mayor & Members of Council
FROM: Ed Roloson, Manager of Capital Projects – Water/Wastewater
DATE: May 16, 2024
REPORT: PS-08/24
SUBJECT: 2024 ROADS SURFACE TREATMENT - CAPITAL
BACKGROUND
This Report presents information regarding Tender results for road surface treatment as issued by
the Township of Malahide.
DISCUSSION
The County of Elgin, on an annual basis, invites the lower-tier municipalities to take part in their
capital roads surface treatment tender. This year however the Township of Malahide managed
the tendering process for the lower-tier municipalities as the County had no tar and chip surface
treatment planned within their 2024 capital projects. Tender PW-24-04 was issued by the
Township of Malahide with two (2) contractors providing bids.
The following bids were received:
Vendor Bid (excluding HST)
Duncor Enterprises Inc. $2,313,979.20
Miller Group $2,689,433.68
Duncor Enterprises Inc. provided the lowest bid price of $2,313,979.20 (excluding HST).
Bayham’s portion of the Duncor low bid is $516,572.00 (excluding HST). A total of $609,000.00
was budgeted for within our 2024 capital surface treatment projects. Should Council award to
Duncor, Bayham is projected to save approximately $80,000 on this capital item based on the
tender submission and budgeted allotment.
Staff have successfully completed several road surface projects with Duncor and recommend
authorizing a by-law to enter into an Agreement with Duncor for surface treatment services.
RECOMMENDATION
1. THAT Report PS-08/24 re 2024 Roads Surface Treatment - Capital be received for
information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham is supportive of
proceeding with the bid provided by Duncor Enterprises Inc. of $2,313,979.20 + HST, of
which $516,572.00 + HST is Bayham’s portion;
3. AND THAT a by-law authorizing an Agreement between the Municipality of Bayham and
Duncor Enterprises Inc. for surface treatment services be brought forward for Council’s
consideration.
Respectfully Submitted by: Reviewed by:
Ed Roloson Thomas Thayer, CMO, AOMC
Manager of Capital Projects| Chief Administrative Officer
Water/Wastewater
A-05/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: PHIL MAUER (M.G. LEASING INC.)
LOCATION: 56954 EDEN LINE, EDEN
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-05/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 pm in the Municipal Council
Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of the Planning Act.
Committee of Adjustment Meetings may also be viewed virtually through the live-stream on the
Municipality of Bayham YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to permit a Maximum Lot Coverage of 25%, whereas Section
23.13.4.4 of the Zoning By-law requires a Maximum Lot Coverage of 15%. The proposed variance
is required to facilitate future additions/expansions to the metal manufacturing business for an
additional 4,635.5 m2 (49,896.1 ft2) of ground floor area to the already existing 6,486.0 m2
(69,814.7 ft2) ground floor area. The subject lands are located at 56954 Eden Line, north side,
and west of Plank Road in the Hamlet of Eden.
THE EFFECT of this variance is to permit an increased Maximum Lot Coverage to accommodate
future additions/expansions to the existing metal manufacturing business on the subject property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal
consideration is given to all written and oral presentations provided prior to or at the public
meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 9:00 am on May 10th, 2024 to be included in the Committee of
Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 1st day of May 2024.
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
Hamlet of Eden
A-06/24
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JOHN AND MARY THIESSEN
LOCATION: 12 MACNEIL COURT, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-06/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 pm in the Municipal Council
Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment
Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham
YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to permit a Maximum Building Height of 8.3 metres for the
development of a new single-detached dwelling, whereas Section 10.5 of the Zoning By-law
requires a Maximum Building Height of 7.0 metres. The subject lands are located at 12 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell.
THE EFFECT of this variance is to permit an increased Maximum Building Height to
accommodate a new single-detached dwelling on the vacant subject property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal
consideration is given to all written and oral presentations provided prior to or at the public
meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 9:00 am on May 10th, 2024, to be included in the Committee of
Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 1st day of May 2024.
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
Village of Port Burwell
A-07/24
REVISED
NOTICE OF A PUBLIC MEETING
CONCERNING A PROPOSED
MINOR VARIANCE
IN THE MUNICIPALITY OF BAYHAM
APPLICANT: JAKE AND KATHARINA THIESSEN
LOCATION: 2 MACNEIL COURT, PORT BURWELL
TAKE NOTICE that the Municipality of Bayham has received a complete application for a
proposed Minor Variance (A-07/24).
AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of
Bayham will hold a public meeting on May 16, 2024, at 6:30 pm in the Municipal Council
Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Minor Variance to Zoning
By-law No. Z456-2003 under Section 45 of the Planning Act. Committee of Adjustment
Meetings may also be viewed virtually through the live-stream on the Municipality of Bayham
YouTube Channel: Bayham YouTube
THE PURPOSE of this variance is to grant relief from the following Zoning By-law regulations for
the development of a new single-detached dwelling on the subject property located at 2 MacNeil
Court, east of Elizabeth Street in the Village of Port Burwell:
1) Section 10.5 to permit a Maximum Building Height of 8.0 metres, whereas 7.0 metres is
required, and;
ADDED:
2) Section 4.26 to permit a Front Yard Encroachment of 0.6 metres into the required 7.0
metre Front Yard Depth for a roofed porch exceeding one-storey in height.
THE EFFECT of this variance is to permit an increased Maximum Building Height and Front Yard
Encroachment to accommodate a new single-detached dwelling on the vacant subject property.
ANY PERSON may attend the public meeting and/or make a written or verbal representation in
support of or in opposition to the proposed minor variance. Please be advised that equal
consideration is given to all written and oral presentations provided prior to or at the public
meeting. When possible, please consider utilizing written correspondence to be submitted
to the undersigned by 9:00 am on May 10th, 2024, to be included in the Committee of
Adjustment agenda.
IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a
written request to the undersigned.
ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained by
contacting the Municipal Office.
Dated at the Municipality of Bayham this 6th day of May 2024.
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
Village of Port Burwell
REPORT
DEVELOPMENT SERVICES
TO: Mayor & Members of Council
FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk
DATE: May 16, 2024
REPORT: DS-38/24 FILE NO. C-07 / D13.DANF
Roll # 3401-000-001-11900 SUBJECT: Rezoning Application ZBA-13/24 Dan Froese Farms Inc.
56796 Glen Erie Line
Draft Zoning By-law No. Z781-2024
BACKGROUND
Appointed Agent Kimberly Mulder has submitted a rezoning application on behalf of Dan Froese
Farms Inc. to rezone the property at 56796 Glen Erie Line, north side, east of Stafford Road.
The lands are designated as ‘Agriculture’, ‘Natural Gas Reservoir’, and portions of ‘Natural
Heritage’ on Schedule ‘A1’ (Land Use) in the Bayham Official Plan. A portion of the lands are
located within ‘Hazard Lands’ and ‘Significant Woodlands’ overlay, which are associated with
the ‘Natural Heritage’ designation, on Schedule ‘A2’ (Constraints) of the Bayham Official Plan.
The lands are zoned Agricultural (A1) and portions of “LPRCA Regulation Limit” on Schedule
‘A1’ Map No. 15 of the Municipality of Bayham Zoning By-law No. Z456-2003.
The purpose of this By-law Amendment is to rezone two (2) portions of the subject lands as a
result of a surplus farm dwelling severance, in Zoning By-law No. Z456-2003. The proposed
Severed Lot is to be rezoned from the the ‘Agricultural (A1)’ Zone to a Site-Specific ‘Rural
Residential (RR-51)’ Zone to permit a Minimum Front Yard Depth of 3.3 metres and Minimum
Lot Area of 0.38 hectares as a result of the Glen Erie Line road widening required by the County
of Elgin as a Condition of Approval. The proposed Retained Lot is to be rezoned from the ‘A1’
Zone to the ‘Special Agricultural (A2)’ Zone to prohibit new dwellings.
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 with the
Official Plan, as part of the clearing of Consent Conditions for Elgin Land Division Committee file
number E2-24 that was Conditionally Approved on February 28th, 2024.
The public meeting was held on May 2, 2024 with no signed in attendees and no written public
submissions.
Staff Report DS-38/24 Dan Froese Farms Inc. 2
DISCUSSION
Staff Report DS-64/23 regarding the Consent Application E2-24 along with the planner’s
memorandum, dated November 29, 2023, was presented, considered and supported by Council
on December 7, 2023. The Elgin Land Division Committee conditionally granted the application
on February 28, 2024 including the condition to rezone both the severed and the retained
parcel.
Staff and planner concur the rezoning application meets the policies and recommend approval
to change the zoning on the severed parcel from Agricultural (A1) Zone to Site-specific Rural
Residential (RR-51) to recognize the minimum lot area of 0.38 hectares, slightly less than 0.4
hectares due to required County road widening and the retained parcel from Agricultural (A1)
Zone to Special Agriculture (A2) to prohibit new dwellings in accordance with the Official Plan
policies regarding the severance of a surplus farm dwelling.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS:
1. Rezoning Application ZBA-13/24 Dan Froese Farms Inc.
2. Draft Zoning By-law No. Z781-2024
RECOMMENDATION
THAT Report DS-38/24 regarding the Dan Froese Farms Inc. rezoning application ZBA-
13/24 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 May
2, 2024 associated with this application, there were no attendees, no oral presentations
and no written submissions received regarding this matter;
AND THAT all considerations were taken into account in Council’s decision passing this
resolution;
AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by
changing the zoning on a property located in Part Lot 23 Concession 2, known
municipally as a 56796 Glen Erie Line, from Agricultural (A1) to Site-specific Rural
Residential (RR-51) on the severed lot and from Agricultural (A1) to Special Agriculture
(A2) on the retained parcel as a condition of Consent E2-24 to permit the severance of a
surplus farm dwelling;
AND THAT Zoning By-law No. Z781-2024 be presented to Council for enactment.
Respectfully Submitted by: Reviewed by:
Margaret Underhill Thomas Thayer, CMO, AOMC
Planning Coordinator/Deputy Clerk Chief Administrative Officer
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z781-2024
DAN FROESE FARMS INC.
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 15 by changing the zoning symbol on a portion of the lands from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-51)’ Zone, which lands
are outlined in heavy solid lines and marked “RR-51” on Schedule “A” Map No. 15 to this
By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses:
7.13.51.1 Defined Area
RR-51 as shown on Schedule “A”, Map No. 15 to this By-law.
7.13.51.2 Minimum Lot Area
Notwithstanding subsection 7.3 of this By-law, the Minimum Lot Area shall be
0.38 hectares.
7.13.51.3 Minimum Front Yard Depth
Notwithstanding subsection 7.8 of this By-law, the Minimum Front Yard Depth for
the existing single-detached dwelling erected prior to the date of the passing of
this By-law shall be 3.3 metres.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 15 by changing the zoning symbol on a portion of the lands from
‘Agricultural (A1)’ Zone to the ‘Special Agricultural (A2)’ Zone, which lands are outlined
in heavy solid lines and marked “A2” on Schedule “A” Map No. 15 to this By-law, which
schedule is attached to and forms part of this By-law.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF MAY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF MAY 2024.
MAYOR CLERK
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
May 9, 2024
Please be advised that during the regular Council meeting of May 7, 2024 the following
resolution regarding seeking support for the Province and Federal Government to work
together to help end the national housing affordability crisis.
RESOLUTION NO. 2024-224
DATE: May 7, 2024
MOVED BY: Councillor Branderhorst
SECONDED BY: Councillor Roberts
WHEREAS there is an unprecedented national housing affordability crisis and substantial
investments in new affordable social housing are required to address the overwhelming
need;
WHEREAS substantial investments in revitalizing existing affordable social housing are
required to maintain existing housing stock so as not to make the national housing
affordability crisis worse;
WHEREAS social support expansions are required to prevent families choosing between
housing and other basic necessities of life;
WHEREAS the national housing affordability crisis is most acute in Ontario, and unlike most
Provinces and Territories in Canada, 47 Service Managers and District Social Service
Administration Boards (SM/DSSAB) are responsible for delivering social supports, including
housing affordability supports in this Province;
WHEREAS many of these 47 SM/DSSABs in Ontario are larger than many provinces and
territories in other provinces in the country, but lack the revenue, policy tools and powers of
the Provincial and Federal governments to end the housing affordability crisis on their own;
WHEREAS on March 25, 2024 our local SM/DSSAB (Prince Edward Lennnox and
Addington Social Services) was notified by the Province that the Federal Government would
be cutting $355 million in funding intended to support affordable social housing across the
province, due to a disagreement about how community housing units are counted as part of
the National Housing Strategy Action Plan;
From the Office of the Clerk
The Corporation of the County of Prince Edward
T: 613.476.2148 x 1021 | F: 613.476.5727
clerks@pecounty.on.ca | www.thecounty.ca
WHEREAS any reductions in funding from the Federal and Provincial governments risks the
termination of critically needed housing and social supports for some of the most vulnerable
across Ontario;
NOW THEREFORE, BE IT RESOLVED THAT the Council of the County of Prince Edward
requests that the funding dispute between the Federal and Provincial governments be
resolved to limit mounting harms to some of Ontario’s most vulnerable people;
THAT the Federal and Provincial governments to continue to fund SMs/DSSABs in an
amount equivalent to the monies under the CMHC-Ontario Bilateral agreement in the
National Housing Strategy until a new funding agreement can be reached;
THAT the Council of the County of Prince Edward advocate to the Federal and Provincial
governments to establish a trilateral table including the SMs/DSSABs, to negotiate the final
3 year tranche of funding under the National Housing Strategy;
THAT Council direct the Mayor to write to the Provincial and Federal Ministers of Housing
urgently requesting confirmation that financial support will continue for vulnerable
households across Ontario currently in receipt of the Canada-Ontario Housing Benefit prior
to May 31, 2024; and
THAT a copy of this resolution be sent to the Minister of Housing, Infrastructure and
Communities, Minister of Municipal Affairs and Housing, the Federation of Canadian
Municipalities, the Association of Municipalities of Ontario, the Ontario Municipal Social
Services Association, Prince Edward Lennox and Addington Social Services, the Eastern
Ontario Wardens Caucus, and all Ontario Municipalities.
Yours truly,
Catalina Blumenberg, CLERK
cc: Mayor Steve Ferguson, Councillor Branderhorst, and Marcia Wallace, CAO
May 06, 2024
SENT VIA E-MAIL
Andrea Fisher, Clerk The Town of Goderich 57 West Street
Goderich, Ontario N7A 2K5
Dear Clerk Fisher,
RE: Township of Manitouwadge Resolution – Review of the Ontario Works and Ontario
Disability Support Program Financial Assistance Rates
Please be advised that at its regular meeting held on Wednesday, May 1, 2024, the Council of
the Corporation of the Township of Manitouwadge passed and endorsed the attached resolution
concerning the Town of Goderich’s resolution regarding a review of the Ontario Works and
Ontario Disability Support Program financial assistance rates.
Should you require any additional information, please do not hesitate to contact me.
Many thanks,
Joleen Keough Clerk/Deputy CAO The Township of Manitouwadge
CC: Premier Doug Ford Hon. Paul Calandra MPP Lisa Thompson, Huron–Bruce Hon. Sylvia Jones Association of Municipalities of Ontario Ontario Municipal Social Services Association Ontario Municipalities
The Corporation of the Town of Grimsby Administration Office of the Town Clerk
160 Livingston Avenue, Grimsby, ON L3M 0J5
Phone: 905-945-9634 Ext. 2171 | Fax: 905-945-5010 Email: vsteele@grimsby.ca
April 23, 2024
SENT VIA E-MAIL
Andrea Fisher, Clerk The Town of Goderich
57 West Street Goderich, Ontario N7A 2K5
Dear: Clerk Fisher,
RE: Town of Goderich Resolution – Review of the Ontario Works and Ontario
Disability Support Program Financial Assistance Rates
Please be advised that the Council of the Corporation of the Town of Grimsby at its
meeting held on April 15, 2024, passed, and endorsed the following resolution:
Moved: Councillor Korstanje
Seconded: Councillor DiFlavio
Resolved that the Town of Goderich's resolution regarding a review of the
Ontario Works and Ontario Disability Support Program financial assistance rates
be received and endorsed.
If you require any additional information, please let me know.
Regards,
Victoria Steele Town Clerk
CC: Premier Doug Ford Hon. Paul Calandra MPP Lisa Thompson, Huron–Bruce
Hon. Sylvia Jones
Association of Municipalities of Ontario Ontario Municipal Social Services Association Ontario Municipalities
The Town of Goderich
57 West Street
Goderich, Ontario
N7A 2K5
519-524-8344
townhall@goderich.ca
www.goderich.ca
Wednesday, April 10, 2024
Catalina Blumenberg
Clerk Prince Edward County 332 Picton Main Street SENT VIA EMAIL: clerks@pecounty.on.ca Picton, Ontario
K0K 2T0
RE: Town of Goderich Resolution – Review of the Ontario Works and Ontario Disability Support Program Financial Assistance Rates
Dear C. Blumenberg,
Please be advised of the following motion passed at the Monday, March 18, 2024, Goderich Town Council Meeting:
Moved By: Councillor Segeren
Seconded By: Councillor Kelly
WHEREAS poverty is taking a devastating toll on communities, undermining a
healthy and prosperous Ontario, with people in receipt of Ontario Works and
Ontario Disability Support Program being disproportionately impacted;
WHEREAS the cost of food, housing, medicine, and other essential items have
outpaced the highest inflation rates seen in a generation;
WHEREAS people in need of social assistance have been legislated into poverty,
housing insecurity, hunger, poorer health, their motives questioned, and their
dignity undermined;
WHEREAS Ontario Works (OW) Financial Assistance rates have been frozen
since 2018 ($733 per month);
WHEREAS Ontario Disability Support Program (ODSP) benefit rates have been
increased by 6.5 percent as of July 2023 to keep up with inflation, however even
with the increase, ODSP rates still fall below their value in 2018 ($1,376 when
adjusted for inflation) and significantly below the disability-adjusted poverty line
($3,091 per month);
The Town of Goderich
57 West Street
Goderich, Ontario
N7A 2K5
519-524-8344
townhall@goderich.ca
www.goderich.ca
WHEREAS OW and ODSP rates do not provide sufficient income for a basic
standard of living and, as a result, hundreds of thousands of people across Ontario
who rely on these programs live in poverty;
WHEREAS designated Service Managers are doing their part, but do not have
the resources, capacity, or tools to provide the necessary income and health-
related supports to people experiencing poverty; and
WHEREAS leadership and urgent action is needed from the Provincial
Government to immediately develop, resource, and implement a comprehensive
plan to address the rising levels of poverty in Ontario, in particular for those on
Ontario Works and Ontario Disability Support Programs;
THEREFORE BE IT RESOLVED THAT the Town of Goderich requests the
Provincial Government to urgently:
1. At least double Ontario Works and ODSP rates and index rates to inflation,
answering calls already made by “Raise the Rates” campaign and the “Income
Security Advocacy Centre”;
2. Commit to ongoing cost of living increases above and beyond the rate of
inflation to make up for the years they were frozen;
3. Commit to jointly working between the Ministry of Children, Community,
and Social Services and the Ministry of Health on the best methods of
assessing client needs and then matching those in need to the services they
require;
AND FURTHER THAT a copy of this resolution be sent to the Minister of
Children, Community, and Social Services, the Minister of Health, the Minister of
Municipal Affairs and Housing, the Association of Municipalities of Ontario, the
Ontario Municipal Social Services Association, Huron County Social and
Property Services, the Western Ontario Wardens Caucus, and all Ontario
Municipalities.
CARRIED
If you have any questions, please do not hesitate to contact me at 519-524-8344 ext. 210 or afisher@goderich.ca.
Yours truly,
Andrea Fisher
The Town of Goderich
57 West Street
Goderich, Ontario
N7A 2K5
519-524-8344
townhall@goderich.ca
www.goderich.ca
Director of Legislative Services/Clerk /ar
cc. Premier Doug Ford premier@ontario.caHon. Paul Calandra Paul.Calandra@pc.ola.orgMPP Lisa Thompson, Huron–Bruce lisa.thompsonco@pc.ola.orgHon. Sylvia Jones Sylvia.Jones@pc.ola.org
Association of Municipalities of Ontario resolutions@amo.on.caOntario Municipal Social Services Association dball@omssa.comHuron County Social and Property ServicesWestern Ontario Wardens CaucusOntario Municipalities
MULTI-MUNICIPAL ENERGY WORKING GROUP
TOM ALLWOOD, COUNCILLOR, GREY HIGHLANDS, CHAIR
JIM HANNA, DEPUTY MAYOR, HURON-KINLOSS, VICE-CHAIR
1925 BRUCE ROAD 10, BOX 70, CHESLEY, ON NOG 1L0
519-363-3039 FAX: 519-363-2203
jhamilton@arran-elderslie.ca
May 1, 2024
Dear Mayor and Members of Council,
The Multi-Municipal Energy Working Group (MMEWG) continues to actively follow the
procurement processes the Independent Electricity System Operator (IESO) is
undertaking to procure additional capacity to meet projected future energy needs.
Details released regarding the Long-Term 2 Request for Proposals (LT2 RFP)plus
subsequent LT RFPs has raised many concerns.
The IESO RFPs call for 5 TWh of new energy generation, and proposes that this be mostly
derived from 2000 MW of new energy generation produced by mostly wind and solar
by 2030. It further proposes that a portion of this generation could be derived by
repowering on the current footprint of existing wind turbines that will reach their end of
contract life between 2026 and 2034.
Since existence, the now Multi-Municipal Energy Working Group, formerly known as the
Multi-Municipal Wind Turbine Working Group, has continued to advocate for stronger
safety measures and best practices related to wind turbine installations across the
province. To date, many of the concerns raised have not been addressed with the
Ministry of Environment, Conservation and Parks confirmed in a recent IESO
engagement session that no changes to the existing setbacks are planned.
Severe health effects to many residents living within the vicinity of project sites have
been identified and continue to jeopardized the health and well-being of many
residents. The current setbacks from other activities are not sufficient to protect against
the full range of noise emissions from wind turbines. The MMEWG will be making a
presentation on this topic to the Grey Bruce Public Health Unit in the March in an effort
to bring these concerns to the forefront in advance of the repowering of current
projects.
Public safety continues to remain a paramount concern of the MMEWG. Setbacks for
tower collapse remain insufficient. The current blade length plus 10 metres requirement
not a strong enough protective measure for existing projects let alone repowered
turbines on existing footprints. Setbacks for ice throw are also insufficient, as the blade
length plus 10 metre setback is less than the ice throw distance witnessed in Ontario.
Ontario has witnessed turbine fire and flaming debris on the ground at 200 metres, while
setback was 50 metres. A Ministry review failed to recommend industry standard
protective barriers for fire suppression in spite of examples of fires in similar turbines.
In 2013, 115 municipalities declared themselves “Unwilling Hosts” for wind turbine
projects. With the expected surge in proposals given the ambitious procurement efforts
being undertaken by the IESO, and little change in the regulations, the MMEWG
strongly recommends that municipalities reaffirm their unwillingness to host projects until
the appropriate ministries address the concerns and make stronger rules and regulations to ensure that, as municipal leaders, provide measures necessary for the
health, safety and well-being of citizens within our jurisdiction, as mandated by the
Municipal Act, 2001, as amended. Over the past month, the municipalities of Arran-
Elderslie, Chatsworth and East Zorra-Tavistock have taken this step.
For consideration, a DRAFT declaration has been attached. Should your municipality
declare its intention, please let us and we will continue to keep you apprised of any
advancements in the industry and regulations.
Warm Regards,
p.p.
Tom Allwood,
Chair, Multi-Municipal Energy Working Group
Councillor, Municipality of Grey Highlands
Independent Electrical System Operator
By email: engagement@ieso.ca
Re: Municipality/Township of ______________________ – Wind Turbine Projects
Please be advised at the Municipality/Township of ___________ Council meeting held on
____________, the following resolution was approved:
WHEREAS the Independent Electrical System Operator (the IESO) has proposed to move
forward with three RFPs where new wind turbine projects can receive a contract from
the IESO; and
WHEREAS people living near existing wind turbines report considerable impact on their
lives due to noise and other emissions from the wind turbines; and
WHEREAS there are gaps in the enforcement of key terms of the Renewable Energy
Approvals governing existing projects relative to noise standards and resolution of
complaints; and
WHEREAS municipal approval is required to locate one of these projects in the
Municipality/Township of ____________; and
THEREFORE BE IT RESOLVED THAT the Council does not support the establishment of any
new wind turbine projects within the municipality; and
THAT the IESO be directed to advise potential applicants of this resolution.
Sincerely,
Clerk, Municipality/Township of ___________
c: The Hon. Todd Smith - Minister of Energy - MinisterEnergy@ontario.ca
David Donovan, Chief of Staff, david.donovan@ontario .ca
Association of Municipalities of Ontario - policy@amo.on.ca
Local MPP
Multi-Municipal Energy Working Group – jhamilton@arran-elderslie.ca
Council
Highlights
Tu es da y,
Ap r i l 30 , 20 24
In This Issue:
Shaping the Future: Ontario's 2024
Proposed Provincial Policy
Statement
Road to Renewal: Culvert
Rehabilitation Contract Awarded to
Hornblower Earthboring Inc.
Turning the Page: Elgin County
Library's 2023 Success and 2024
Goals
Modernizing Communication: Elgin
County Updates Notice By-Law
CAO's First 90 Days: Reflections
and the Road Ahead
Honoring World Elder Abuse
Awareness Day: Elgin County
Council to Hold Flag-Raising
Ceremony
Raising Awareness and
Advocating for Change: Elgin
County Council Declares Intimate
Partner Violence an Epidemic
A Refreshing Fundraiser: Elgin
County Declares June 8th as
LemonAID Day
Shaping the Future: Ontario's 2024 Proposed
Provincial Policy Statement
Elgin County Council Highlights Page 01
Council received a report from the Director of Legal
Services and the Acting Manager of Planning
offering a preliminary summary of the Proposed
Provincial Policy Statement (PPS) 2024. The PPS is
a key document outlining Ontario's policies on land-
use planning, including growth management,
housing, agriculture, and cultural heritage.
The Province has established a comment period for
the PPS 2024, which runs from April 12th to May
12th, 2024. This period allows municipalities,
stakeholders, and the public to provide input on the
proposed policies. The County, which serves as an
approval authority for subdivisions and official
plans, must ensure that all land use planning
decisions align with the PPS. Council emphasized
the importance of this document, as it guides
municipal planning decisions.
Staff will provide a more detailed summary once the
Province of Ontario finalizes the PPS after the
comment period, incorporating feedback from the
public and stakeholders. Council encouraged
community members to actively participate in the
commenting process to help shape the final PPS
2024.
Elgin County Council Highlights P age 02
The Manager of Library Services presented a report on the Elgin County Library's
2023 Performance, indicating a year of strong growth and engagement. Circulation
increased by 8% over 2022, reaching a total of 300,774 checkouts. The number of
active library members grew by 18% to 13,673, surpassing the 2023 service goal of
1%. New memberships also saw a significant boost, with 2,339 new members in
2023, a 26% increase over 2022, easily outpacing the initial target of 5%.
Additionally, the library held 1,977 programs in 2023, representing a 45% increase
from the previous year. This considerable rise in programs demonstrates the library's
commitment to community engagement and education. The library's digital checkouts
were also noteworthy, totaling 96,583.
For 2024, the library aims to increase in-person services and target a 1% increase in
holds placed within branches, as well as a 2% increase in total active library
members. These goals reflect the library's dedication to continuous improvement and
expanding its reach within the community. Council praised the library's achievements
and expressed confidence in its continued success.
Turning the Page: Elgin County Library's 2023 Success and 2024 Goals
Following a competitive tender process, County Council selected Hornblower
Earthboring Inc. to complete culvert rehabilitations on various County roads at a total
price of $355,500. The Warden and Chief Administrative Officer have been
authorized to sign the contract, signaling the project's commencement.
The tender covered 27 culverts across four key road sections in the County, which
will be rehabilitated to ensure safety and functionality ahead of future roadwork. The
road sections included are Calton Line (CR 45) between Springfield Road and
Richmond Road, Clinton Line (CR 11) between Highway 4 and Wonderland Road,
Fairview Road (CR 22) between Dexter Line and Sparta Line, and Ron McNeil Line
(CR 52) between Imperial Road and Putnam Road. A total of 12 contractors
downloaded the tender documents, with four submitting bids before the closing date
on March 28, 2024. Hornblower Earthboring Inc. submitted the lowest compliant bid,
earning them the contract.
Work on the culverts is expected to begin in May and should be completed by
December. If any change orders are required during the project, the County's
Procurement Policy outlines the procedures to ensure transparency and proper
authorization. If cost increases exceed 10% of the approved tender amount,
additional Council approval will be required. This structured approach ensures that
the project stays on track and within budget.
Road to Renewal: Culvert Rehabilitation Contract Awarded to
Hornblower Earthboring Inc.
Elgin County Council Highlights Page 03
Elgin County Council Highlights P age 04
Modernizing Communication: Elgin County Updates Notice By-Law
Elgin County Council has approved a significant update to its Notice By-law 07-29,
reflecting advancements in technology and changes in communication practices
since the by-law's original adoption in 2007. This update aims to improve clarity and
ensure effective public notices in line with modern communication trends. Key
changes include expanding the definition of "mailed" to include email and redefining
"newspaper" to encompass online publications. Additionally, the term "published"
now extends to newspapers dedicated to public information, and the requirement to
post notices at local member municipal offices has been removed due to its declining
relevance.
These changes also address the need for clear language and remove outdated
references. For example, the section stating that interruptions in online notice
methods would not invalidate the notice has been rewritten for clarity. References to
council remuneration and procedural by-laws have also been updated to align with
current legislation. By modernizing the Notice By-law, Elgin County aims to
streamline public communication, ensuring that residents can access important
information more easily. These updates align with the Municipal Act and adapt to
technological advancements, helping Elgin County keep pace with contemporary
communication practices.
Blaine Parkin, Chief Administrative Officer (CAO), provided an insightful presentation
titled "The First 90 Days and the Path Forward," reflecting on his first three months in
the role and outlining future plans for Elgin County. The presentation underscored the
CAO's focus on understanding the organization before seeking to implement changes,
summarizing his approach with the adage, “seek first to understand, then to be
understood.”
The presentation touched on several key themes that the CAO intends to focus on,
including accelerating learning, building strong relationships, and fostering a positive
corporate culture. The CAO highlighted his approach to employee engagement,
emphasizing the importance of care, connection, coaching, contribution, and
congratulation—the "5 C’s" of engagement. He also discussed his commitment to
customer focus, community development, and setting a positive tone for the
organization through effective communication and strategic planning.
Looking ahead, the CAO plans to review the County's mission, vision, and values,
create a strategic plan, and collaborate closely with Council and the Executive
Leadership Team.
Council appreciated the CAO's comprehensive review and future-oriented approach,
expressing confidence in his leadership and commitment to fostering a vibrant and
inclusive organizational culture.
CAO's First 90 Days: Reflections and the Road Ahead
For the complete April 30, 2024 Agenda Package, please visit the following link:
County Council Agenda Package
Elgin County Council Highlights Page 05
Elgin County Council received a letter from Elder Abuse Elgin requesting that June
15th be recognized as World Elder Abuse Awareness Day (WEAAD). Council agreed
to the request and approved a flag-raising ceremony to be held outside the Elgin
County Heritage Centre on June 11th, in advance of WEAAD. The event will feature a
proclamation reading, with members of Elder Abuse Elgin and local media invited to
attend. This annual observance aims to raise awareness and promote the prevention
of elder abuse in our community. Council is proud to support this important cause and
looks forward to hosting a meaningful flag-raising event to mark the occasion.
Honoring World Elder Abuse Awareness Day: Elgin County Council to Hold
Flag-Raising Ceremony
Raising Awareness and Advocating for Change: Elgin County Council
Declares Intimate Partner Violence an Epidemic
Elgin County Council has declared intimate partner violence an epidemic, marking a
significant step towards addressing this pressing issue in the community. The
declaration, prompted by a heartfelt letter from Jodi Marissen, emphasizes the need
for greater awareness and a concerted effort to combat intimate partner violence.
The letter highlighted the tragic impact of domestic violence on women and children
in Elgin County, urging Council to take action. The declaration aims to draw attention
to the issue and advocate for systemic changes to better protect vulnerable
individuals. By joining other local member municipalities in this declaration, Elgin
County Council reaffirms its commitment to standing against intimate partner
violence and supporting those affected by it.
A Refreshing Fundraiser: Elgin County Declares June 8th as
LemonAID Day
Elgin County Council declared June 8th as LemonAID Day, an initiative designed to
raise funds for sending children to camp through the Elgin Children's Foundation.
This unique event, spearheaded by a partnership between Doug Tarry Homes and
the Elgin Children's Foundation, invites neighborhoods across Elgin County to set up
lemonade stands to generate community spirit and support a worthy cause. The
proceeds from LemonAID Day will go towards providing children connected with
Family and Children’s Services of St Thomas and Elgin with the opportunity to
experience the enriching and transformative power of summer camp. Council's
endorsement aims to boost community engagement, support local children, and
promote positive youth development, with a focus on entrepreneurial skills,
teamwork, and social responsibility. With lemonade stands popping up throughout
the County, this declaration promises to be a refreshing and impactful way to bring
the community together for a great cause.
Municipality of Bayham
Housing Market Update for April 2024
Year-to-date
*Based on residential data from the Woodstock Ingersoll Tillsonburg & Area Association of
REALTORS® MLS® System. All percentage changes are year-over-year comparisons.
Sold Listings, no change
Year-to-date home sales numbered 22 units at the
end of April 2024, this is comparable to same period
in 2023.
New Listings, up 68.4%
Year-to-date there were 64 listings added by the end of
April 2024, this is up 68.4% compared to the same period in
2023.
Available inventory is up 191%
**At the end of April 2024 there was 6.7 months of
inventory, up from 2.3 months of inventory at the end
of April 2023
**Available Inventory is the active listings at month end divided by monthly sales.
Average Price is down 16.3%
Year-to-date the average residential property in
Municipality of Bayham sold for $628,020, down 16.3%
compared to the same period in 2023.
The trademark MLS®, Multiple Listing Service® and the associated logos are owned by the Canadian Real Estate Association (CREA) and identify the quality of service
provided by real estate professionals who are members of CREA.
The Woodstock Ingersoll Tillsonburg & Area Association of REALTORS® operates the Multiple Listing Service® in the region. REALTOR® is a trademark, which identifies real estate professionals who are members of the Canadian Real Estate Association and, as such, subscribe to a high standard of professional service and to a strict Code of Ethics.
Woodstock Ingersoll Tillsonburg & Area Association of REALTORS®
6-65 Springbank Avenue, Woodstock, Ontario N4S 8V8
Phone: 519-539-3616
MUNICIPALITY OF BAYHAM REAL ESTATE MARKET REPORT FOR APRIL 2024
The number of homes sold through the MLS® System of the Woodstock Ingersoll
Tillsonburg & Area Association of REALTORS® in Municipality of Bayham totaled 7 units in April 2024. There is down 36.4% when compared to April 2023.
On a year-to-date basis, home sales totaled 22 units in 2024. This is comparable to
the same period in 2023.
In April 2024, the average price of homes sold was $814,129, an increase of 30.1%
from April 2023.
The more comprehensive year-to-date average price was $628,020, a decrease of
16.3% compared to 2023.
On a year-to-date basis the dollar volume of all sales totaled $13.8 million, down
16.3% compared to the same period in 2023.
The number of new listings was up 58.3% compared to April 2023. In April 2024
there were 19 new residential listings.
There were 47 active residential listings on the market at the end of April, an
increase of 88% compared to April 2023.
Months of inventory numbered 6.7 months at the end of April 2024, up from 2.3
months to the end of April 2023. The number of months of inventory is the number of months it would take to sell current inventories at the current rate of sales
activity. CONTACT: PRESIDENT GOV’T RELATIONS CHAIR EXEC. OFFICER ALISON PORTER FRED FREEMAN NICOLE BOWMAN
Alison.porter@century21.ca ffreeman@oxford.net nicole@witaar.ca 519-854-0856 519-421-5714 519-532-4078
MARKET REPORT
2233 Argentia Rd. Suite 301 Mississauga, Ontario
L5N 2X7
Office: 905-272-3600 Fax: 905-272-3602 www.watsonecon.ca
H:\DCA-GEN\Bill 185\Bill 185 ERO 019-8369 - Municipal Act and Planning Act.docx
May 10, 2024
Provincial Planning Policy Branch 7 Bay Street, 13th Floor Toronto Ontario
M7A 2J3
Re: ERO 019-8369: Proposed Planning Act, City of Toronto Act, 2006, and Municipal Act, 2001 Changes (Schedules 4, 9, and 12 of Bill 185 - the proposed Bill 185, Cutting Red Tape to Build More Homes Act, 2024)
On behalf of our many municipal clients, we are submitting our comments related to the
proposed changes to the Municipal Act and Planning Act as proposed by Bill 185
(Cutting Red Tape to Build More Homes Act).
1. Introduction
Watson & Associates Economists Ltd. is one of Canada’s leading economic consulting
firms, comprising municipal economists, planners, accountants, and support staff. The firm has been in operation since 1982. Our work has involved many aspects of municipal finance and economics, including assisting municipalities across the Province with development charges (D.C.) studies, community benefits charges (C.B.C.) studies,
parkland dedication studies, fiscal impact assessments, full cost user fee pricing
models, demographic forecasts, growth management studies, and more. Watson is a leader in the D.C. and growth management fields.
2. Overview Commentary
The Province has introduced Bill 185 with the following objective: “…reduce red tape
which is a significant barrier to productivity, economic development, as well as domestic
and international growth”. The Province’s intention is to build on previous actions and housing related initiatives to remove administrative barriers with a variety of initiatives
intended to grow a stronger economy, keep costs down, save time, and improve service
delivery for businesses and people across the province. These initiatives include
“attracting investment and creating new jobs by making it faster and easier for
municipalities to provide incentives to attract game changing global investment.”
To implement these initiatives, Bill 185 introduces changes to the Municipal Act , along
with nine other statutes including the Planning Act.
The following sections summarize our analysis and comments on the following areas:
Watson & Associates Economists Ltd. PAGE 2
Bill 185 ERO 019-8369 - Municipal Act and Planning Act
• Assistance Provided under s.106 of the Municipal Act;
• Minister’s Zoning Orders (MZOs); and
• The removal of planning responsibilities for upper-tier municipalities.
3. Municipal Act Analysis and Comments
Section 106 of the Municipal Act provides rules with respect to bonusing. The proposed amendments to s.106 are in response to the stated goal of attracting “game changing
global investment”. These proposed changes allow the Lieutenant Governor in Council
to make regulations to authorize municipalities to provide assistance to a specified manufacturing business or other industrial/commercial enterprise, setting out the types of assistance that may be provided, and restrictions and conditions that must be met before providing assistance.
The following analysis and comments are provided with the intent of ensuring the long-
term financial sustainability of municipalities, consistent with the land use planning system objectives of the Provincial Policy Statement (PPS).
1. Requirement to Provide Assistance
The new s.106.1 of the Municipal Act states that “…the Lieutenant Governor in Council
may make regulations authorizing a municipality to grant assistance, directly or
indirectly, to a specified manufacturing business or other industrial or commercial enterprise during a specified period, and governing the granting of the assistance, including…setting out the types of assistance that may be granted”. (Underlining for emphasis)
As discussed further in commentary below, a municipality may not find it advantageous
to provide the assistance they are authorized to provide. Our interpretation of s. 106.1 is that municipalities would have discretion over whether they would provide the assistance they have been authorized to give and are not required to do so.
2. Conditions to be Met Before Providing Assistance
The new s.106.1 of the Municipal Act would allow for regulations to include
“…conditions that mut be met before the assistance may be granted“.
The types of “game changing global investment” that the Province has referred to could often require significant changes to municipal land use planning policies, including urban boundary expansions, municipal boundary adjustments, and infrastructure
planning. Ontario’s planning policy regime requires development planning to ensure the
financial well-being of municipalities is maintained over the long-term. In accordance with the PPS, municipal official plan policies would normally require a number of land use planning studies to be undertaken, including a fiscal impact analysis to demonstrate that development (including the requirement for infrastructure and public service
Watson & Associates Economists Ltd. PAGE 3
Bill 185 ERO 019-8369 - Municipal Act and Planning Act
facilities) is financially viable, and will not negatively impact the municipality’s financial
position.
Many smaller municipalities in Ontario may not have the appropriate organizational structure in place to manage significant industrial developments through the development approvals, construction, and operations stages. These developments could place additional stress on municipal planning and building, engineering and
infrastructure, and administrative staff.
Consideration should be given to:
• Requiring a financial impact analysis be undertaken that demonstrates the proposed development and municipal assistance are financially viable over the
long term. This analysis should measure the fiscal impacts of the proposed
development on the municipality’s financial position (e.g. tax rates and utility rates), inclusive of operating costs, capital costs, and municipal staff resourcing;
• Allowing municipal Council to determine if and when regulatory “conditions” are
satisfied and the level of assistance to be provided;
• Availability of financial support from the Province to undertake the above analysis; and
• Availability of financial support from the Province if municipalities are mandated
by the Province to provide assistance and the municipal analysis demonstrates such assistance would negatively impact their fiscal position.
3. Eligible Entities that may Receive Assistance
Section 106.1 defines the types of entities that could receive assistance as “a specified manufacturing business or other industrial or commercial enterprise”. This could
potentially include housing development corporations which are commercial enterprises. It should be noted that providing certain types of assistance to these types of corporations (such as waiving D.C.s) would appear to be in contrast to the other changes made through Bill 185 (i.e. removing the mandatory phase-in of new D.C. by-laws). The negative financial impact of the mandatory phase-in of D.C.s was widely
communicated to the Province by municipalities across Ontario. The broad application of these powers would provide for an inequitable application of recovery of the costs of development across housing providers. Moreover, if the Province can mandate municipalities to provide assistance, this would replace the autonomy of municipal
Council to make such determinations and exclusively govern their financial matters.
This reinforces our comments above, that if there is assistance to be provided that would have a negative financial impact on the local municipality, financial support from the Province should be considered.
Watson & Associates Economists Ltd. PAGE 4
Bill 185 ERO 019-8369 - Municipal Act and Planning Act
4. Planning Act Analysis and Comments
1. Minister’s Zoning Orders
We are encouraged by the new MZO framework which provides better transparency in reviewing MZO applications. However, the MZO framework should be enhanced to
include more focus on demonstrating the “need” for the use within the context of
housing supply and demand within the municipality, as well as consideration of local growth management policies.
As part of a municipality’s Official Plan Review, considerable resources and extensive public engagement are carried out to ensure that future growth is comprehensively
assessed, and that urban and rural development is directed to appropriate locations.
Based on the current framework, MZOs can be requested and approved without regard to local policies, the need for the application, or the municipality’s ability to accommodate the development.
We are also concerned about the application of MZOs, as identified in the proposed
Provincial Planning Statement, 2024 (PPS, 2024). According to the proposed PPS,
2024, MZOs are to be treated as “in addition to projected needs” over the planning horizon. In our opinion, it is not appropriate to increase the pace of development associated with an MZO application without linking the application to a specific regional or local economic driver. It is recommended that when planning for MZO lands, the
timing of their buildout is not held to a targeted minimum or maximum planning horizon
as set out in the proposed PPS, 2024. Rather, the timing of development should be subject to an assessment of anticipated economic growth and real estate market demand within the municipality and the broader economic region over the horizon of the plan. Furthermore, it is our opinion that the Province should require the timing of
development regarding approved MZOs be established through provincial and local
phasing policies, municipal servicing plans, school board accommodation plans, and reviewed through regular monitoring.
The proposed MZO framework is designed to increase urban land supply and expedite the development of more housing. In the absence of a land needs assessment and
economic analysis to support an MZO application, however, there is a risk that
population and housing growth within a given municipality will be overstated within the horizon of the Official Plan. This has the potential to undermine local planning policies and create financial risks for municipalities due to having to emplace and fund municipal infrastructure for additional lands that are not sequenced in the municipality’s growth
and financial plans.
2. Upper-Tier Municipalities Without Planning Responsibilities
We are encouraged by the focus on empowering local municipalities in planning for growth. We are however concerned about the role that some of Ontario’s largest
Watson & Associates Economists Ltd. PAGE 5
Bill 185 ERO 019-8369 - Municipal Act and Planning Act
upper-tier municipalities will have by being classified as “upper-tier municipalities
without planning responsibilities.” These municipalities provide a broad vision and
planning direction with respect to the long-term management of urban, rural, and natural systems. Moreover, upper-tier municipal planning authorities plays a critical role in the coordination, phasing, and delivery of water, wastewater, and transportation infrastructure, and other municipal services. T his can be observed in Metro Vancouver,
BC, where Metro Vancouver provides water and wastewater services to 21
municipalities, one electoral area, and one treaty First Nation. Metro Vancouver does not review and comment on planning applications. As such, development approvals by local municipalities necessitate capital investments into water and wastewater infrastructure that may not have been incorporated into the financial plan which places
increased pressure on water and wastewater infrastructure requirements and creates
funding challenges.
While Bill 185 aims to streamline the land use planning process across the affected municipalities, it has the potential to create challenges with respect to the coordination of regional growth management objectives among municipalities and stakeholders,
while adding to the technical and administrative efforts of both lower-tier and upper-tier
municipalities, as well as the Province. Furthermore, Bill 185 would remove critical planning resources and knowledge at the upper-tier level that are required when addressing matters that cross technical disciplines and municipal jurisdictions. This would potentially result in disjointed efforts and outcomes with respect to local planning
approvals and regional municipal service delivery.
As part of this Bill, we would suggest that the Province consider providing more clarity around the role of the upper-tier municipalities without planning responsibilities, including acknowledging the benefits of having a more engaged upper-tier municipality in growth management, especially as it relates to the provision of infrastructure.
We appreciate the opportunity to provide comments related to the proposed changes on
behalf of our municipal clients.
Yours very truly,
WATSON & ASSOCIATES ECONOMISTS LTD.
Andrew Grunda, MBA, CPA, CMA, Principal
Jamie Cook, MCIP, RPP, PLE, Managing Partner
Jack Ammendolia, BES, PLE, Managing Partner
Peter Simcisko, BA (Hons), MBE, Managing Partner
Sean-Michael Stephen, MBA, Managing Partner
Daryl Abbs, MBE, PLE, Managing Partner
2233 Argentia Rd.
Suite 301
Mississauga, Ontario
L5N 2X7
Office: 905-272-3600
Fax: 905-272-3602
www.watsonecon.ca
H:\DCA-GEN\Bill 185\Assessment of Bill 185 Cutting Red Tape to Build
More Homes Act 2024 - ERO Submission - Watson - Final.docx
May 10, 2024
To Ministry of Municipal Affairs and Housing:
Re: Bill 185, Cutting Red Tape to Build More Homes Act, 2024
On behalf of our many municipal clients, we are submitting our comments related to the
proposed changes to the Development Charges Act (D.C.A.) under Bill 185 (Cutting
Red Tape to Build More Homes Act). These proposed changes are with respect to:
1. Repeal of the mandatory five-year phase-in of development charge (D.C.) rates;
2. Studies as an eligible capital cost for D.C.s;
3. Process for amending existing D.C. by-laws; and
4. Time limit reductions on the D.C. freeze for specific planning approvals.
1. Repeal of the mandatory five-year phase-in of D.C. rates
The More Homes Built Faster Act (Bill 23) required the phase-in of charges imposed in
a D.C. by-law over a five-year term. D.C. by-laws passed after January 1, 2022, were
required to phase-in the calculated charges as follows:
• Year 1 of the by-law – 80% of the charges could be imposed;
• Year 2 of the by-law – 85% of the charges could be imposed;
• Year 3 of the by-law – 90% of the charges could be imposed;
• Year 4 of the by-law – 95% of the charges could be imposed; and
• Years 5 to 10 of the by-law – 100% of the charges could be imposed.
Bill 185 proposes to remove the mandatory phase-in of the charges. It is proposed that
this change would be effective for D.C. by-laws passed after Bill 185 comes into effect.
For site plan and zoning by-law amendment planning applications that were made prior
to Bill 185 receiving Royal Assent, the charges payable will be those in place on the day
the planning application was made (i.e., including any applicable mandatory phase-in).
Bill 185 also proposes to allow minor amendments to D.C. by-laws that include
mandatory phase-in provisions. As provided in further detail below, these amendments
would not require the preparation of a D.C. background study or statutory public
process. Moreover, the amendments would not be subject to Ontario Land Tribunal
(OLT) appeal. This provision for a streamlined D.C. by-law amendment process will
only be available for a period of six months after Bill 185 takes effect.
Watson & Associates Economists Ltd. PAGE 2
Assessment of Bill 185 Cutting Red Tape to Build More Homes Act 2024 - ERO Submission - Watson - Final
Comment
We believe this to be a positive change for municipalities and the development
community. The mandatory phase-in would reduce D.C. revenues by approximately
10% over a 10-year period (based on various analyses undertaken by Watson, as well
as reports provided by municipalities). By removing this revenue loss municipalities will
no longer have to fund this shortfall from non-D.C. sources (e.g. property taxes, water
and sewer rates, etc.). Lower than required D.C. revenues for services that are
required to enable the development of housing (i.e. water, wastewater, and services
related to a highway) would create challenges for municipalities to provide timely
infrastructure. With the removal of the mandatory phase-in, municipalities will be able to
collect the funds necessary to construct the infrastructure required for development to
proceed.
2. Studies as an eligible capital cost for D.C.s
Bill 23 amended the definition of capital costs (subsection 5 (3) of the D.C.A.). This
amendment removed studies, including D.C. background studies, from the definition of
an eligible capital cost. Bill 185 proposes to reverse this amendment by reinstating
studies as an eligible capital cost. The following paragraphs are proposed to be added
to subsection 5 (3) of the D.C.A.:
5. Costs to undertake studies in connection with any of the matters
referred to in paragraphs 1 to 4.
6. Costs of the development charge background study required under
section 10.
The proposed amendment will allow municipalities to fund the costs of studies,
consistent with by-laws passed prior to Bill 23 amendments. This will allow for the
funding of master plans for D.C. eligible services, D.C. background studies, and similar
studies that inform the capital costs of the D.C. background study.
Comment
We believe this to be a positive change as well. Growth-related studies such as master
plans and other planning-related studies are integral to the growth management and
infrastructure planning framework of municipalities. These documents identify how the
municipality intends to grow, the infrastructure required to provide desired service levels
to support growth/development, and also provides the detailed costing required for
municipalities to plan for growth in a financially sustainable way. These studies also
add to the defensibility of D.C. background studies and reinstating the D.C. funding
eligibility for these studies follows the principle that growth should pay for growth.
Watson & Associates Economists Ltd. PAGE 3
Assessment of Bill 185 Cutting Red Tape to Build More Homes Act 2024 - ERO Submission - Watson - Final
3. Process for amending existing D.C. by-laws
Section 19 of the D.C.A. requires that a municipality must follow sections 10 through 18
of the D.C.A. (with necessary modifications) when amending a D.C. by-law. These
sections generally require the following:
• Completion of a D.C. background study, including the requirement to post the
background study 60 days prior to passage of the D.C. by-law;
• Passage of a D.C. by-law within one year of the completion of the D.C.
background study;
• A public meeting, including notice requirements; and
• The ability to appeal the by-law to the OLT.
As noted above, Bill 185 proposes to allow municipalities to undertake minor
amendments to D.C. by-laws for the following purposes without adherence to the
requirements noted above1:
1. To repeal a provision of the D.C. by-law specifying the date the by-law expires or
to amend the provision to extend the expiry date (subject to the 10-year by-law
term limitations provided in the D.C.A.);
2. To impose D.C.s to include the costs of studies, including the D.C. background
study; and
3. To remove the provisions related to the mandatory phase-in of D.C.s as
discussed in section 1 of this letter.
Minor amendments related to items 2 and 3 noted above may be undertaken only if the
D.C. by-law being amended was passed after November 28, 2022, and before Bill 185
takes effect. Moreover, the amending by-law must be passed within six months of Bill
185 taking effect.
Notice of by-law passage requirements for these minor amending by-laws are similar to
the notice requirements in the D.C.A., with the exception of the requirement to identify
the last day for appealing the by-law (as these provisions do not apply).
Comment
The ability to make minor amendments to D.C. by-laws to align with the legislative
changes without onerous administrative requirements and further process delays will
assist municipalities in aligning policies with the amended legislation quickly.
We would note, however, that minor amendments are not permitted for reducing the
rate freeze from 2 years to 18 months to align with the amended legislation. This may
1 Notice of by-law passage for these streamlined amendments would still be required.
Watson & Associates Economists Ltd. PAGE 4
Assessment of Bill 185 Cutting Red Tape to Build More Homes Act 2024 - ERO Submission - Watson - Final
impose administrative burdens on municipalities to undertake amendments to reflect the
shorter periods, depending on the structure of their D.C. by-laws.
Additionally, these minor amendments may only be undertaken if the D.C. by-law is
passed prior to Bill 185 coming into force. There are a number of municipalities that
have released D.C. background studies but will not be able to pass a by-law until after
Bill 185 comes into force. This poses a timing issue for these municipalities, as they will
either have to file D.C. addendum reports prior to adoption to include the costs of
studies or have to undertake a full D.C. amendment process to do so after just having
passed a new D.C. by-law.
Recommendations
1. It is recommended that the Province add a clause to allow for minor
amendments related to the timeline reduction for the rate freeze for site plan
and zoning by-law amendment planning applications; and
2. It is recommended that the Province include a transitional clause to allow
municipalities that have released a D.C. background study prior to Bill 185
coming into force, and that will allow municipalities to pass a by-law after the
Bill comes into force to undertake minor amendments for the inclusion of the
costs of studies. This can be achieved by allowing for minor amendments for
by-laws that have passed within two or three months after the Bill takes effect
(rather than before the Bill takes effect).
4. Time limit reductions on the D.C. freeze for specific of
planning approvals
Bill 108, More Homes, More Choices Act, 2019, which received Royal Assent on June
6, 2019, provided several changes to the D.C.A. including the requirement to freeze the
D.C.s imposed on certain developments. This applied to developments that received
site plan and/or a zoning by-law amendment approval within 2 years of the date a D.C.
is payable (e.g. building permit issuance). The D.C. rate for these developments is
“frozen” at the rates that were in effect at the time the site plan and/or a zoning by-law
amendment application was submitted. Once the planning application is approved by
the municipality, if the date the D.C. is payable [1] is more than two years from the
approval date, the D.C. rate freeze would no longer apply.
Bill 185 proposes to reduce the two-year timeframe from planning approval to the date
the D.C. is payable to 18 months. Bill 185 also proposes to move this requirement from
[1] In the case of Rental Housing and Institutional development, once the application is
approved by the municipality, if the date the first building permit is issued is more than
two years after the date of approval, the D.C. rate freeze would no longer apply.
Watson & Associates Economists Ltd. PAGE 5
Assessment of Bill 185 Cutting Red Tape to Build More Homes Act 2024 - ERO Submission - Watson - Final
O. Reg. 82/98 to the D.C.A. Transition provisions are included in the Bill that require
the two-year D.C. “freeze” for these planning approvals to remain in effect if approved
prior to Bill 185 receiving Royal Assent.
Comment
Overall, this proposed change is positive. The reduction in the D.C. rate freeze timeline
helps to incentive timely development with continued D.C. predictability for developers.
As noted above, the streamlined process for minor D.C. by-law amendments does not
appear to include amendment to meet this legislative change.
Recommendations
1. It is recommended that the Province add a clause to allow for minor
amendments related to the timeline reduction for the rate freeze of site plan
and zoning by-law amendment planning applications.
We appreciate the opportunity to provide comments related to the proposed changes on
behalf of our municipal clients.
Yours very truly,
WATSON & ASSOCIATES ECONOMISTS LTD.
Daryl Abbs, MBE, PLE, Managing Partner
Andrew Grunda, MBA, CPA, CMA, Principal
Jamie Cook, MCIP, RPP, PLE, Managing Partner
Peter Simcisko, BA (Hons), MBE, Managing Partner
Sean-Michael Stephen, MBA, Managing Partner
Jack Ammendolia, BES, PLE, Managing Partner
MINUTESPORT BURWELL AREA SECONDARY WATER SUPPLY SYSTEM SPECIAL MEETING- April 24, 2024 – 1:00 PM _______________________________________________________________ The PBASWSS Board met at the Springfield & Area Community Services Building, at 51221 Ron McNeil Line, Springfield, at 1:00p.m. The following were present:
Board Members:
Municipality of Central Elgin – Norman Watson
Township of Malahide – Chester Glinski
Municipality of Bayham – Tim Emerson
Staff:
Municipality of Central Elgin – Alex Piggott and Geoff Brooks
Township of Malahide – Nathan Dias, Jason Godby, Sam Gustavson, Adam Boylan, and Allison Adams Municipality of Bayham – Ed Roloson, Thomas Thayer, and Harry Baranik
Also Present: Pure Technologies Ltd. – Josh Greenberg and Ashan McNealy
(1) Call to Order
Norman Watson is appointed Chair and the meeting is called to order at 1:02p.m.
(2) Disclosure of Pecuniary Interest
N/A (3)Reports
-Port Burwell Area Secondary Water Supply System - Pipeline Desktop ConditionAssessment Report
S. Gustavson, the Operations Manager for Water/Waste Water at the administering Municipality,provided a brief overview of his report and highlighted its alignment with the upcomingpresentation for the board. Consequently, the board listened to the presentation before decidingon the recommendation.
(4)Presentation
-Pure Technologies Ltd. - Desktop Assessment of the Port Burwell Area SecondaryWater Supply System
Josh Greenby from Pure Technologies Ltd. presented the components analyzed in a project of
this scale. Following that, he delivered a comprehensive project overview of the Port Burwell Area Secondary Water Supply System, focusing on these components. Subsequently, he outlined the risk assessment section of the desktop appraisal, categorizing risks and outlining the potential consequences of failure. The presentation concluded with the assessment
recommendations.
Member Emerson asked about staff's capability to offer details on surge relief mechanisms for pressure reduction. Member Watson agreed with this request, emphasizing the importance of pressure relief. Manager Gustavson suggested incorporating this into a review process and
updating the board accordingly.
Member Glinski asked whether the upcoming project would involve an improved pipe design. Mr. Gustavson assured that the pipe's quality and standards would surpass those of previous versions, as the engineer will incorporate the latest practices and materials during design and installation. He emphasized the significance of conducting inspections at various project stages.
Moved by: Chester Glinski Seconded by: Tim Emerson THAT Report No. PBAWSS-24-06 entitled “Port Burwell Area Secondary Water Supply System - Pipeline Desktop Condition Assessment Report” be received; AND THAT the Port Burwell Area Secondary Water Supply System Joint Board of
Management direct the Staff of the administering Municipality to initiate and develop a Request for Proposal (RFP) to obtain an Engineering Consultant to prepare a detailed Tender ready engineered design for the replacement of the entire Port Burwell Area Secondary Water Supply System transmission main. AND that the Port Burwell Area Secondary Water Supply System Joint board of management direct staff of the administering municipality to review surge relief mechanisms to help reduce interim risk.
Carried Moved by: Tim Emerson Seconded by: Chester Glinski
THAT the presentation from Pure Technologies Ltd. relating to the Desktop Assessment of the Port Burwell Area Secondary Water Supply System be received for information. Carried
(5) Adjournment Moved by: Chester Glinski Seconded by: Tim Emerson
THAT the Port Burwell Secondary Water Supply System Joint Board of Management adjourn at 2:20p.m. Carried
___________________________________ Norman Watson - Board Chair
___________________________________ Allison Adams - Clerk
LONG POINT REGION CONSERVATION AUTHORITY
Board of Directors Meeting Minutes of April 3, 2024
Approved May 1, 2024
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 1 -
Members in attendance:
Robert Chambers, Chair County of Brant
Dave Beres, Vice-Chair Town of Tillsonburg
Shelley Ann Bentley Haldimand County
Doug Brunton Norfolk County
Michael Columbus Norfolk County
Tom Masschaele Norfolk County
Jim Palmer Township of Norwich
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:
Staff in attendance:
Judy Maxwell, General Manager
Aaron LeDuc, Manager of Corporate Services
Leigh-Anne Mauthe, Interim Manager of Watershed Services
Saifur Rahman, Manager of Engineering and Infrastructure
Jessica King, Social Media and Marketing Associate
David Proracki, Water Resources Analyst
Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
Chair, Robert Chambers called the meeting to order at 6:30 p.m., Wednesday, April 3, 2024.
2. Additional Agenda Items
There were no additional agenda items.
3. Approval of the Agenda
A-40/24
Moved by J. Palmer
Seconded by T. Masschaele
THAT the LPRCA Board of Directors approves the agenda as circulated.
Carried
4. Declaration of Conflicts of Interest
None were declared.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 2 -
5. Minutes of the Previous Meeting
a) Board of Directors Meeting Minutes of April 3, 2024
There were no questions.
A-41/24
Moved by C. Van Paassen
Seconded by P. Ypma
THAT the minutes of the LPRCA Board of Directors Meeting held April 3, 2024 be approved as
circulated.
Carried
6. Business Arising
a) Stewardship Award Recognition, Kyle Hiebert
Kyle Hiebert was unable to attend the meeting. Staff will arrange to meet with Mr. Hiebert to
present him with his award.
7. Review of Committee Minutes
a) Backus Museum Committee – December 4, 2024
There were no questions.
A-42/24
Moved by R. Weisler
Seconded by D. Brunton
THAT the minutes of the Backus Museum Committee meeting held December 4, 2023 be
adopted as circulated.
Carried
8. Correspondence
a) Port Dover Waterfront Preservation Association – Silver Lake Revitalization Project
A-43/24
Moved by M. Columbus
Seconded by P. Ypma
THAT the correspondence outlined in the Board of Directors agenda of April 3, 2024 be
received as information.
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 3 -
9. Planning Department
a) Section 28 Regulations Approved Permits (L. Mauthe)
Through the General Manager’s delegating authority, 25 applications were approved in the past
month. LPRCA-5/24, LPRCA-13/24, LPRCA-14/24, LPRCA-19/24, LPRCA-20/24, LPRCA-
21/24, LPRCA-25/24, LPRCA-26/24, LPRCA-27/24, LPRCA-28/24, LPRCA-29/24, LPRCA-
31/24, LPRCA-33/24, LPRCA-34/24, LPRCA-35/24, LPRCA-36/24, LPRCA-37/24, LPRCA-
38/24, LPRCA-39/24, LPRCA-40/24, LPRCA-41/24, LPRCA-43/24, LPRCA-44/24, LPRCA-
46/24, and LPRCA-47/24 . A summary of the applications was provided in the report.
Doug Brunton and Michael Columbus were concerned about the grading and drainage of
application LPRCA-33/24.
A-44/24
Moved by S. Patterson
Seconded by P. Ypma
THAT the LPRCA Board of Directors receives the Section 28 Regulations Approved Permits
report dated April 3, 2024 as information.
Carried
10. New Business
a) Vittoria Dam Environmental Assessment Update and Presentation by Matrix
Solutions Inc. (S. Rahman and S. Robertson)
Saifur Rahman presented the update report and then introduced Scott Robertson, Matrix
Solutions Inc. Mr. Robertson presented the second and final presentation to the Board.
Staff and Mr. Robertson responded to questions by the Board and the next steps of the process
are:
The Environmental Study Report (ESR) will be posted publicly, and a
Notice of Completion circulated / published advising the public, stakeholders, and
Indigenous Communities of the study’s status and that a 30-day review / comment
window is provided.
Should concerns be raised, the Study Team will engage in consultation, negotiation,
and/or implement revisions to the ESR as necessary and reasonable.
Should the resolution of concerns not be achievable, any member of the public,
stakeholder, or Indigenous Community may request the Minister of the Environment,
Conservation and Parks for a Section 16 Order.
A-45/24
Moved by C. Van Paassen
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 4 -
Seconded by T. Masschaele
That the LPRCA Board of Directors receives the Vittoria Dam Class Environmental Assessment
Update as information,
AND
THAT the LPRCA Board of Directors endorses Alternative #5 as the preferred alternative as
presented by Matrix Solutions Inc.,
AND
THAT the LPRCA Board of Directors directs LPRCA staff to post the Notice of Completion of the
Environmental Study Report, to be available for a 30-day public review period.
Carried
b) General Manager’s Report (J. Maxwell)
Judy Maxwell provided a report summarizing operations this past month.
A-46/24
Moved by R. Weisler
Seconded by S. Patterson
That the LPRCA Board of Directors receives the General Manager’s Report for March 2024 as
information.
Carried
c) Ontario Regulation 41/24 Implementation (L. Mauthe)
Leigh-Anne Mauthe, presented the report and summarized the key changes to the legislation.
Member municipalities have been advised of the changes.
A-47/24
Moved by R. Weisler
Seconded by S. Bentley
THAT the LPRCA Board of Directors receives this report as information,
AND
THAT staff be directed to update the existing Hearing Procedures Policy to ensure compliance
with the new regulation and legislation and return to the Board of Directors for approval,
AND
THAT staff be directed to update existing LPRCA regulation mapping, documents and guides to
ensure compliance with the new regulations and legislative changes.
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 5 -
Carried
d) Administration and Delegation of Powers Related to Permit Issuance, Extensions,
Cancellation and Hearings (L. Mauthe)
Leigh-Anne Mauthe presented the report and reviewed the key policy changes. There were no
questions from the members.
A-48/24
Moved by J. Palmer
Seconded by T. Masschaele
THAT the LPRCA Board of Directors approves the Administration and Delegation of Powers,
related to Permit Issuance, Extensions, Cancellation and Hearings.
Carried
e) Regulations Officers and PO Officers Re-Appointment (L. Mauthe)
The report was presented by Leigh-Anne Mauthe. No questions from the Board.
A-49/24
Moved by S. Bentley
Seconded by M. Columbus
THAT the LPRCA Board of Directors appoints Isabel Johnson, Resource Planner, and
Leigh-Anne Mauthe, Interim Manager of Watershed Services as LPRCA Regulations
Officers and Provincial Offences Officers for the purpose of compliance and
enforcement of any regulation made under section 28 and section 29, as per subsection
30.1 of the Conservation Authorities Act, and the Trespass to Property Act,
AND
THAT the LPRCA Board of Directors appoints Brandon Good, Superintendent of
Conservation Areas, Debbie Thain, Supervisor of Forestry, Evan Forbes, Supervisor of
Haldimand Conservation Area, Rebecca Dancey, Supervisor of Deer Creek
Conservation Area, as LPRCA Regulations Officers and Provincial Offences Officers for
the purpose of compliance and enforcement of any regulation made under section 29 as
per subsection 30.1 of the Conservation Authorities Act, and the Trespass to Property
Act,
AND
THAT the appointments are effective as of April 1, 2024.
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 6 -
f) Policies for the Administration of the Prohibited Activities, Exemptions and
Permits Regulation, Ontario Regulation 41/24 (L. Mauthe)
Leigh-Anne Mauthe provided a summary of the key changes to the policy as a result of the
legislative changes.
A-50/24
Moved by C. Van Paassen
Seconded by J. Palmer
THAT the LPRCA Board of Directors approves the Policies for the Administration of the
Prohibited Activities, Exemptions and Permits Regulation as presented.
Carried
g) Ecological Survey for Selected LPRCA Properties (J. Maxwell)
Judy Maxwell reviewed the results of the tender.
Stewart Patterson asked how the lowest bidder did not meet the requirements. The lowest bid
methodology for field work was not sufficient.
A-51/24
Moved by P. Ypma
Seconded by R. Weisler
THAT the LPRCA Board of Directors approves the proposal submitted by Natural Resource
Solutions Inc. to conduct ecological inventories of identified Conservation Authority properties –
totaling 544 Acres/220 Hectares, encompassing six properties for a total submitted bid of
$29,950 plus HST.
Carried
h) Vehicle Tender (S. Rahman)
Saifur Rahman presented the report and reviewed the results of the tender. It was
recommended by staff to award the tender to the lowest bidder.
Michael Columbus inquired about the status of the Dodge Grand Caravan to which Saifur
Rahman responded that it will be disposed of by auction.
A-52/24
Moved by S. Patterson
Seconded by D. Brunton
THAT the LPRCA Board of Directors accepts the tender submitted by Port Dover Kia for one
new 2024 Kia Seltos LX AWD Vehicle for $28,977.50 (excluding HST).
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 7 -
i) Truck Tender (S. Rahman)
The results of the tender were reviewed by Saifur Rahman and staff recommended the tender
be awarded to the lowest bidder.
Stewart Patterson queried the tender requirements as one of the companies submitted their bid
for a ¾ ton truck. Saifur Rahman explained the tender requirement didn’t specify tonnage but
going forward, that will be included.
A-53/24
Moved by P. Ypma
Seconded by S. Patterson
THAT the LPRCA Board of Directors accepts the tender submitted by Heaslip Ford for the
purchase of one new 2024 Ford F150 4x4 Regular Cab Pickup Truck for $51,634.00 (excluding
HST).
Carried
j) Front Loader Tractor Tender (S. Rahman)
Saifur Rahman presented the report and reviewed the results of the tender. It was
recommended by staff to award the tender to the lowest bidder.
A-54/24
Moved by C. Van Paassen
Seconded by R. Weisler
THAT the LPRCA Board of Directors accepts the tender submitted by Farm Power Equipment
for the purchase of one new 2024 Mahindra 2660 HST Cab Front Loader Tractor (Mahindra
2660 HST, Cab, Loader & Bucket) for $58,013.80 (excluding HST).
Carried
k) Riding Mower Tender (S. Rahman)
The report was presented by Saifur Rahman. The results of the tender were reviewed and staff
recommended awarding the tender to the lowest bidder.
A-55/24
Moved by T. Masschaele
Seconded by J. Palmer
THAT the LPRCA Board of Directors accepts the tender submitted by Norfolk Tractor for the
purchase of one New 2023 or 2024 Model Year Zero Turn Mower (Kubota ZD1011-3-54) for
$17,300 (excluding HST).
Carried
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 8 -
l) Septic Disposal Services Tender (A. LeDuc)
Aaron LeDuc reviewed the report and tender results. It was recommended by staff to award the
tender to the lowest bidder for each conservation area. There were no questions.
A-56/24
Moved by D. Brunton
Seconded by J. Palmer
THAT the 2024 contract for septic services at Backus CA, Deer Creek CA and Norfolk CA be
awarded to Bayside Septic Services 2012 Inc.,
AND
THAT the 2024 contract for septic services at Haldimand CA and Waterford North CA be
awarded to Frankie’s Pumping.
Carried
7:54pm
11. Closed Session
A-57/24
Moved by P. Ypma
Seconded by R. Weisler
THAT the LPRCA Board of Directors does now enter into a closed session to discuss:
A trade secret or scientific, technical, commercial, financial or labour relations
information, supplied in confidence to the Authority, which, if disclosed, could reasonably
be expected to prejudice significantly the competitive position or interfere significantly
with the contractual or other negotiations of a person, group of persons, or organization
(UTV tender).
Carried
The Board reconvened in open session at 8:13 p.m.
The closed meeting minutes of the Board of February 7, 2024 was approved in the closed
session.
A-58/24
Moved by C. Van Paassen
Seconded by T. Masschaele
WHEREAS, no qualifying tenders were received for the Utility Task Vehicle (UTV) tender,
AND
FULL AUTHORITY COMMITTEE MEMBERS
Shelley Ann Bentley, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus,
Tom Masschaele, Jim Palmer, Stewart Patterson, Rainey Weisler, Chris Van Paassen, Peter Ypma
- 9 -
THAT the LPRCA Board directs staff to request quotes as per the purchasing policy.
Carried
Next meeting: May 1, 2024, Source Protection Authority and Board of Directors, 6:00pm.
Adjournment
The Chair adjourned the meeting at 8:15 p.m.
Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
LONG POINT REGION SOURCE PROTECTION AUTHORITY
Meeting Minutes of April 5, 2023
Approved May 1, 2024
SOURCE PROTECTION 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
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
*T. Masschaele joined the meeting at 6:05 p.m.
Staff in attendance:
Judy Maxwell, General Manager
Leigh-Anne Mauthe, Interim Manager of Watershed Services
David Proracki, Water Resources Analyst
Zachary Cox, Interim Marketing Coordinator
Dana McLachlan, Executive Assistant
1. Welcome and Call to Order
The meeting was called to order at 6:00 p.m.
2. Additional Agenda Items
There were no additional agenda items.
3. Disclosures of Conflicts of Interest:
None were declared.
4. Approval of Minutes
SPA- 1/23
moved: R. Chambers
seconded: P. Ypma
SOURCE PROTECTION 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
THAT the minutes of the Long Point Region Source Protection Authority held
April 6, 2022 be adopted as circulated.
Carried
5. Business Arising
There was no business arising from the minutes.
6. Correspondence
a) Lake Erie Region Source Protection Committee re: Annual Progress
Reporting (Attachments referred to in this correspondence are included
with the report at agenda item 7.a))
No discussion.
SPA- 2/23
moved: D. Beres
seconded: R. Weisler
THAT the correspondence outlined in the Source Protection Authority Agenda of
April 5, 2023 be received as information.
Carried
7. New Business
a) Submission of the 2022 Long Point Region Annual Progress Report and
Supplemental Form
Staff provided a summary of the role of the Long Point Region Source Protection
Authority (LPRSPA), mandated to carry out drinking water source protection
planning under the Clean Water Act, 2006. LPRCA, and by extension, the
LPRSPA, is part of the Lake Erie Source Protection Region (LESPR), one of 19
source protection regions in Ontario, which includes Kettle Creek CA, Catfish
Creek CA, and the Grand River CA. Grand River CA acts as the lead source
protection authority for the LESPR.
Staff provided a report for the annual Long Point Region Source Plan
summarizing the implementation activities for municipal drinking water supplies
covered within the plan for the period of January 1 through December 31, 2022.
T. Masschaele joined the meeting.
SOURCE PROTECTION 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
As noted in the correspondence, the Committee’s efforts for completing the plan
objectives is progressing well and is on target towards achieving plan objectives.
Approximately, 63% of the 705 threats identified in the region have been
addressed compared to the 60% addressed in the previous reporting period.
The Committee asked questions of the staff but did not have any additional
comments to include with this submission.
SPA-3/23
moved: S. Patterson
seconded: D. Beres
THAT the Long Point Region Source Protection Authority is satisfied that the
2022 Long Point Region Annual Progress Report and Supplemental Form meets
the requirements of S.46 of the Clean Water Act, 2006 and any Director’s
instructions established under O. Reg. 287/07 S.52.;
AND THAT Lake Erie Region staff be directed to submit the 2022 Long Point
Region Annual Progress Report and Supplemental Form to the Director of
Conservation and Source Protection, Ministry of the Environment, Conservation
and Parks along with any Source Protection Committee comments, in
accordance with S.46 of the Clean Water Act, 2006 and any Director’s
instructions established under O. Reg. 287/07 S.52.
Carried
The meeting was adjourned at 6:10 p.m.
_______________________________ ________________________________
John Scholten Robert Chambers Judy Maxwell
Chair General Manager/Secretary-Treasurer
/dm
8c
TOWNSHIP OF MALAHIDE / MUNICIPALITY OF BAYHAM / TOWN OF AYLMER
NOTICE TO RESIDENTS AND PROPERTY OWNERS
REGARDING NOXIOUS WEEDS
NOTICE is hereby given to all persons in possession of any land or a lot in a registered plan of subdivision
or on any lot not exceeding ten acres, in accordance with the Weed Control Act, Statutes of Ontario,
1990, Chapter W.5, Section 3, 13, 16, 18 and 23, that unless noxious weeds growing on their lands
within the municipalities listed below are destroyed by June 14, 2024 and throughout the season, the
municipality may then enter upon the said lands and have the weeds destroyed, charging the costs
against the land as set out in the Act.
The main purpose of the Weed Control Act, R.S.O. 1990, is to reduce the impact of noxious weeds on
the industries of agriculture and horticulture. Primarily this act applies to agricultural and horticultural
lands that generate income or other benefits to agriculture; this excludes lawns, gardens and private
areas for personal enjoyment and leisure.
Under the Weed Control Act, R.S.O. 1990, Chapter W.5 Section 3, 16 and 23 that you are requested to
destroy all noxious weeds on your property.
In Urban Areas
Section 3, 13, 16 and 18 do not apply to noxious weeds or weed seeds that are far enough away from
any land used for agricultural or horticultural purposes, as they do not interfere with that use.
All properties within the Township of Malahide, Municipality of Bayham, and Town of Aylmer are hereby
requested to be in compliance with the Weed Control Act, R.S.O. 1990 by the 14th day of June 2024
and throughout the growing season.
THE COOPERATION OF ALL CITIZENS IS EARNESTLY SOLICITED
Allison Adams, Malahide Clerk - 519-773-5344 - www.malahide.ca
Meagan Elliott, Bayham Clerk - 519-866-5521 - www.bayham.on.ca
Owen Jaggard, Aylmer Clerk - 519-773-3164 - www.aylmer.ca
Jeff Lawrence, Weed Inspector - 519-631-1270, ext. 231
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: May 16, 2024
REPORT: CL-05/24 SUBJECT: PROCEDURAL BY-LAW AMENDMENTS
BACKGROUND
At its February 15, 2024 meeting, Council received Report CL-01/24 re Proposed Procedural By-
law Amendments. Council passed the following motion:
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
THAT Report CL-01/24 re Proposed Procedural By-law Amendments be received for
information;
AND THAT staff be directed to report back to Council with further information with all
areas outlined within Report CL-01/24.
DISCUSSION
Following Report CL-01/24, there are four (4) main areas to report back with for consideration:
Land Acknowledgement
When considering Report CL-01/24, discussions arose surrounding the use of a Land
Acknowledgement Statement and possibly not having it for every Council meeting but in another
type of fashion such as at the beginning of a term of Council, or once per year at the first
meeting of a new calendar year.
Upon further investigation, other municipalities have Land Acknowledgement Policies that
outline how and when a land acknowledgement is read. Some policies indicate that it is read at
things such as special events, flag raisings, and the Inaugural Meeting. Further to this, staff
have found an internal working document from previous staff on this topic. It is attached and
may be considered as an example of language that could be used in a formal Policy should
Council be desirous of directing staff to bring forth a Land Acknowledgement Policy for
consideration. Should Council wish to have a Policy and note that the Land Acknowledgement
be read for the Inaugural Meeting, this would also be edited within the Procedural By-law.
Agenda Headings
Attached to this Report is a sample Agenda for consideration. The following are aspects to note:
1. Delegations and Presentations together on one line.
2. Correspondence – all correspondence under one area regardless of topic – still
separated “for information” and “action”.
3. Staff Reports – all together under one area – subcategorized by department in
accordance with current Agenda procedures as follows:
Physical Services (contains Public Works, Drainage, and Water/Wastewater)
Fire and Emergency Services (contains Fire and By-law Enforcement)
Development Services (contains Building and Planning)
Corporate Services (contains Finance, Clerk, and CAO)
4. Updated the department titles with removal of Recreation, Tourism and Economic
Development as only 1 such Report has come to Council over the last three years.
5. Removal of Unfinished Business as this is not used since matters requiring further
discussion are often deferred to a future meeting pending same.
6. Other Business remains for things like Committee matters but staff recommend to have
Closed Session and Matters from Closed Session to have their own designated headers.
Should Council be desirous of updating the Council Meeting Agenda headers, this would be
reflected in updates to the Procedural By-law.
For the purpose of the next two areas of consideration (Closed Session first and Consent
Agenda), the “new” headers outlined above are being used as the base.
Closed Session First
There is opportunity to have Closed Session prior to the beginning of the Regular Session.
Closed Session would begin at 6 p.m. with Regular Session still beginning at 7 p.m. regardless
if Closed Session ended earlier. The times for this would be listed on the agenda. A sample
agenda with this is attached for consideration.
There is some nuance to shifting Closed first, particularly as it applies to Committee of
Adjustment (COA). COA is not something that is required before every Regular Season, but
when it is scheduled, it generally begins between 6:30 and 6:45 p.m. depending on the number
of applications. An option to navigate this could be to integrate COA into the Regular Session
itself, such as including COA at the same general time as Planning Public Meetings as COA has
a public comment component. This would allow 7 p.m. start times for Regular open Session
regardless of the presence of a COA meeting.
Consent Agenda
As discussed previously, a Consent Agenda is used to streamline meeting procedures by
collecting routine, non-controversial items into a group where all items are received with a single
motion and vote. A sample agenda is attached for consideration. Note that now the heading
previously of “Correspondence” that had two (2) subcategories is now changed to
“Correspondence Requiring Action” since all correspondence for information only would be
listed under the Consent Agenda heading. This section would generally house the following
items:
- Correspondence for information – this includes support resolutions, County Council
Highlights, Notices from Bayham (planning and other), Reports from external entities like
MPAC or LPRCA
- Minutes to be received such as advisory committee minutes and external boards
- Informational staff reports such as quarterly updates and general informational reports
that do not require direction
Note that all items would still be listed on the agenda to be read aloud by the Mayor and then
there is one motion to receive all items. Should there be an item that a member of Council
wishes to vote on separately, they may request so at the time of passing the motion.
All Updates
To see all the proposed updates together, a final sample agenda that houses all of the above
together is attached for consideration.
STRATEGIC PLAN
Not applicable.
ATTACHMENTS
1. Land Acknowledgement Working Document – Bayham
2. Sample Agenda – New Headers
3. Sample Agenda – Closed Session First
4. Sample Agenda – Consent Agenda
5. Sample Agenda – All Updates
RECOMMENDATION
THAT Report CL-05/24 re Procedural By-law Amendments be received for information;
AND THAT Council provide direction on any further updates to the Procedural By-law.
Respectfully Submitted by: Reviewed by:
Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
Traditional Land Acknowledgement Statement
The Municipality of Bayham would like to acknowledge that we gather on land in the
Between the Lakes Treaty territory, the traditional territory of the Anishinabek and
Haudenosaunee Peoples.
The intent of the Municipality of Bayham traditional land acknowledgement statement is to acknowledge the
history of the lands of the Municipality of Bayham and provides an avenue to further reconcile relations
between the Municipality and First Nations.
WHAT IS A TRADITIONAL LAND ACKNOWLEDGEMENT STATEMENT?
A traditional land acknowledgement statement starts with the land: it’s about acknowledging the land we reside
on and honouring the relationship between the land and the people living and thriving here long before settlers
arrived. It offers an opportunity to pay respect to ancestral and traditional territories; be mindful of our collective
role as stewards of the land; and build awareness of present-day Indigenous culture in our community.
USE OF THE TRADITIONAL LAND ACKNOWLEDGEMENT STATEMENT:
The traditional land acknowledgement statement may be used by the Mayor or designate at the start of the
inauguaral meeting of Council at civic celebrations and other official events, as deemed appropriate, that are
either hosted and/or supported by the Municipality. The acknowledgement may be printed, spoken, projected,
or posted on the Municipality of Bayham website.
PRACTICE:
For a territorial acknowledgment to be meaningful, it is important that it is delivered with a sense of purpose
and authenticity.
The Municipality recognizes that various terms may be preferred over others, and that preferred terms can
change over time. The Municipality’s practice will be to honour First Nations, Inuit and Métis people in our
community with the terms they wish to be identified. Much effort has been made to ensure that the information
contained within this statement is accurate. It is understood that this is a living document that will continue to
evolve over time as an ongoing work in progress. Any inaccuracies may be reported to the Municipality of
Bayham.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
DATE
7:00 p.m.
The DATE 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. DELEGATIONS & PRESENTATIONS
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
7. MOTIONS AND NOTICE OF MOTION
8. OPEN FORUM
9. CORRESPONDENCE
9.1. Receive for Information
9.2. Requiring Action
10. STAFF REPORTS
10.1. Physical Services – Public Works, Drainage & Water/Wastewater
10.2. Emergency Services – Fire & By-law Enforcement
10.3. Development Services – Building & Planning
10.4. Corporate Services – Finance & Administration
11. BY-LAWS
12. OTHER BUSINESS
13. CLOSED SESSION
14. MATTERS FROM CLOSED SESSION
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
16. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
DATE
6:00 p.m. (Closed Session)
7:00 p.m. (Regular Session)
The DATE 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. CLOSED SESSION (6:00 p.m.)
4. MATTERS FROM CLOSED SESSION (right after Closed)
5. REVIEW OF ITEMS NOT LISTED ON AGENDA (7:00 p.m.)
6. ANNOUNCEMENTS
7. DELEGATIONS & PRESENTATIONS
8. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
9. MOTIONS AND NOTICE OF MOTION
10. OPEN FORUM
11. CORRESPONDENCE
11.1. Receive for Information
11.2. Requiring Action
12. STAFF REPORTS
12.1. Physical Services – Public Works, Drainage & Water/Wastewater
12.2. Emergency Services – Fire & By-law Enforcement
12.3. Development Services – Building & Planning
12.4. Corporate Services – Finance, Clerk & CAO
13. BY-LAWS
14. OTHER BUSINESS
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
16. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
DATE
7:00 p.m.
The DATE 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. DELEGATIONS & PRESENTATIONS
6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
7. CONSENT AGENDA
8. MOTIONS AND NOTICE OF MOTION
9. OPEN FORUM
10. CORRESPONDENCE REQUIRING ACTION
11. STAFF REPORTS
11.1. Physical Services – Public Works, Drainage & Water/Wastewater
11.2. Emergency Services – Fire & By-law Enforcement
11.3. Development Services – Building & Planning
11.4. Corporate Services – Finance, Clerk & CAO
12. BY-LAWS
13. OTHER BUSINESS
14. CLOSED SESSION
15. MATTERS FROM CLOSED SESSION
16. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
17. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers – HYBRID
DATE
6:00 p.m. (Closed Session)
7:00 p.m. (Regular Session)
The DATE 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. CLOSED SESSION (6:00 p.m.)
4. MATTERS FROM CLOSED SESSION (right after Closed)
5. REVIEW OF ITEMS NOT LISTED ON AGENDA (7:00 p.m.)
6. ANNOUNCEMENTS
7. DELEGATIONS & PRESENTATIONS
8. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
9. CONSENT AGENDA
10. MOTIONS AND NOTICE OF MOTION
11. OPEN FORUM
12. CORRESPONDENCE REQUIRING ACTION
13. STAFF REPORTS
13.1. Physical Services – Public Works, Drainage & Water/Wastewater
13.2. Emergency Services – Fire & By-law Enforcement
13.3. Development Services – Building & Planning
13.4. Corporate Services – Finance, Clerk & CAO
14. BY-LAWS
15. OTHER BUSINESS
16. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
17. ADJOURNMENT
REPORT
CLERK
TO: Mayor & Members of Council
FROM: Meagan Elliott, Clerk
DATE: May 16, 2024
REPORT: CL-06/24 SUBJECT: 2024 MUNICIPAL ASSISTANCE – FIRST INTAKE
BACKGROUND
Community groups serving Bayham residents apply to Council annually to request use of
municipal property, road closures, materials, facility rental relief, and funding to host community
events. Historically, this was done primarily in February of a calendar year and without a specific
policy in place to guide the process.
At its April 4, 2024 meeting, Council received Report CL-03/24 re Municipal Assistance for
Community Events Policy. Council passed the following motion:
Moved by: Councillor Emerson
Seconded by: Councillor Chilcott
THAT Report CL-03/24 re Municipal Assistance for Community Events Policy be
received for information;
AND THAT the Municipal Assistance for Community Events Policy be approved as
presented;
AND THAT the appropriate by-law for adoption be presented to Council for enactment.
The Municipal Assistance for Community Events Policy was adopted at the same meeting by
By-law No. 2024-018. The Policy outlines the Municipal Assistance process. The Report
discusses the applications received by the first intake deadline for Council to consider. A second
round of requests may be presented to Council in June should there be additional applications
submitted during the second intake.
DISCUSSION
Ten (10) submissions have been received in the first intake for Council to consider in order of
date of event. The below is a summary of the requests accompanied by staff comments where
applicable regarding materials and road closures. A discussion regarding the Municipal
Assistance budget allocation is included in another part of this Report. Full
applications/supporting documents are attached to the Report.
Edisonfest – June 1, 2024 (Bayham Historical Society)
Requesting use of Vienna Memorial Park with access to food booth, water, hydro, materials,
and funding of $2,000 from the Municipal Assistance budget. No road closures.
Staff comments: No concerns in principle.
Play and Learn in the Park – Playgroup on Wednesday Mornings (East Elgin EarlyON)
Requesting use of the Straffordville Community Centre Pavilion and adjacent field on
Wednesday mornings from June 12 – September 11, 2024. Facility rental relief requested. No
requests for materials or road closures.
Staff comments: No concerns in principle. No conflicts currently for booking the Straffordville
Pavilion.
Play and Learn – Playgroup on Thursday Mornings (East Elgin EarlyON)
Requesting use of the Port Burwell Gazebo on Thursday mornings from June 13 – September
12, 2024. No requests for materials or road closures.
Staff comments: No concerns in principle.
Canada Day Celebration – July 1, 2024 (Port Burwell Historical Society)
Requesting use of the Marine Museum parking lot, road closures (for a parade), materials, and
funding of $2,000 from the Municipal Assistance budget.
Staff comments: No concerns in principle. County approval for use of roads to be sought. No
request for use of hydro mentioned.
First Annual Vienna Lions Kidsfest Summer Community Event – July 13, 2024 (Vienna Lions
Club)
A free community event. Requesting funding of $1,000 from the Municipal Assistance budget.
No requests for materials or road closures.
Staff comments: Not applicable.
Car Show – July 20, 2024 (Bayham Historical Society)
Requesting use of Vienna Memorial Park with access to food booth and water and materials. No
road closures or funding requested. No request for use of hydro mentioned.
Staff comments: No concerns in principle.
Bayham Beachfest – August 3 – 5, 2024 (Beachfest Committee)
Requesting use of multiple properties in Port Burwell, road closures (only for Sunday),
materials, use of hydro from applicable locations, and funding of $2,000 from the Municipal
Assistance budget.
Staff comments: No concerns in principle as parking can be utilized in the Pitt Street parking lot
and accessibility parking in the Marine Museum lot. Additional details will be sought from the
coordinators for proper channels of approvals for if any fireworks and refreshment vehicles.
Watermelon Festival – August 24, 2024 (Straffordville Community Committee)
Requesting use of the Straffordville Community grounds, road closures (for both a parade and
general use), materials, facility rental relief and funding of $2,000 from the Municipal Assistance
budget.
Staff comments: No concerns in principle. No conflicts currently for booking the Straffordville
Community Centre. County approval for use of roads to be sought.
Remembrance Day Parade – November 10, 2024 (Port Burwell Legion)
Requesting use of the Cenotaph in Port Burwell and road closures (for a parade). No materials
or funding requested.
Staff comments: No concerns in principle. County approval for use of roads to be sought.
Light up the Park – November 16, 2024 (Bayham Historical Society)
Requesting use of the Vienna Memorial Park Pavilion, hydro and materials.
Staff comments: No concerns in principle.
Event Approvals
Should Council be desirous of approving the events and their requests, it would be subject to
providing proof of insurance and deposits required prior to the use of materials as noted in the
Municipal Assistance for Community Events Policy. After approvals, staff will work with the
community groups to finalize any additional details, coordinate with the County for use of their
roads, where applicable, and add the events to the Municipal Website Calendar.
Funding
In the 2024 Operating Budget, Council has allocated $7,000 to Municipal Assistance. A total of
$9,000 in funding requests as noted above are as follows:
- Bayham Historical Society – Edisonfest - $2,000
- Port Burwell Historical Society – Canada Day Celebration - $2,000
- Vienna Lions Club – Kidsfest - $1,000
- Beachfest Committee – Bayham Beachfest - $2,000
- Straffordville Community Committee – Watermelon Festival - $2,000
The 2024 Municipal Assistance Budget allocation is not sufficient to fully fund every request
received through the first intake of Municipal Assistance. It is within Council’s sole discretion if
Council wishes to allocate funds in whole, in part, or at all to any of the noted requests. Council
should be reminded that additional costs such as utilizing the OPP for road closures or needing
to purchase additional materials would also come from this budget line. Currently, staff time and
facility rental relief is not reflected from this budget line.
STRATEGIC PLAN
2.1: Quality of Life > To work collaboratively with community organizations and others
in ensuring the availability of diverse range of passive recreational, heritage,
cultural and other community services that contribute to enriching Bayham’s
valued quality of life.
Initiative(s): Not applicable.
ATTACHMENTS
1. Event Applications discussed in the Report, in order of proposed date.
RECOMMENDATION
THAT Report CL-06/24 re 2024 Municipal Assistance – First Intake be received for information;
AND THAT Council provide direction on the approvals of the event requests and funding.
Respectfully Submitted by: Reviewed by:
Meagan Elliott Thomas Thayer, CMO, AOMC
Clerk Chief Administrative Officer
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Bayham Historical Society
Event Name*
Edisonfest
Event Start Date *
6/1/2024
Start Time:*
08:00:00 AM
Event End Date*
6/1/2024
End Time:*
05:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Vienna Memorial Park 6226 Plank Rd Vienna
Food Booth
Water & electricity to the park
Keys
garbage bags
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)20
Garbage Cans (up to 20)20
0
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Please indicate your funding request (maximum $2000):
$2,000.00
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Debbie Marlatt
Contact Phone #:*
519-639-9073
Example: 555-555-5555
Contact Email:*
bayhamhistoricalsociety@hotmail.com
Contact Name:*
Diane Soper
Contact Phone #:*
519-550-0848
Example: 555-555-5555
Contact Email:*
dsoper81@hotmail.com
Attachment List
Attachment Upload
Attachment 1
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
East Elgin EarlyON Child and Family Centre - (Community Living Elgin)
Event Name*
Play and Learn in the Park - Weekly playgroup Every Wednesday morning.
Event Start Date *
6/12/2024
Start Time:*
09:30:00 AM
Event End Date*
9/11/2024
End Time:*
11:30:00 AM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Straffordville Community Centre Pavilion and adjacent field.
Weekly Playgroup, every Wednesday morning from June 12 to
September 11. Staff on property from 9:30am-12:00. Program runs
10:00-11:30am
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
0
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Carolyn Zwicker
Contact Phone #:*
519-866-3151
Example: 555-555-5555
Contact Email:*
c.zwicker@communitylivingelgin.com
Attachment List
Attachment Upload
Attachment 1
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
East Elgin EarlyON Child and Family Centre - (Community Living Elgin)
Event Name*
Play and Learn - Playgroup on Thursday Mornings
Event Start Date *
6/13/2024
Start Time:*
09:30:00 AM
Event End Date*
9/12/2024
End Time:*
11:30:00 AM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Port Burwell Pavilion beside the Fred Bodsworth Library.
Weekly Thursday morning Playgroup. 10:00-11:30 am.
Staff on property 9:30-noon.
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
0
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Carolyn Zwicker
Contact Phone #:*
519-866-3151
Example: 555-555-5555
Contact Email:*
c.zwicker@communitylivingelgin.com
Attachment List
Attachment Upload
Attachment 1
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Port Burwell Historical Society
Event Name*
Canada Day 2024 Celebration
Event Start Date *
7/1/2024
Start Time:*
09:00:00 AM
Event End Date*
7/1/2024
End Time:*
04:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Marine Museum Parking Lot
Pitt Street between Robinson and Eurius
Are Road Closures required?*
Yes No
Is this a Parade?*
Yes No
What is the Parade Route?*
Starts at the Legion parking lot at Wellington and Elizabeth. Proceeds
west on Wellington to Robinson. Turns south and proceeds on
Robinson to Pitt. Turns east and proceeds to dispersal point between
Eurius and Strachan. (See map attached)
Parade Time Start*
10:00:00 AM
Parade Time End*
12:00:00 PM
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)10
Garbage Cans (up to 20)10
Safety Cones (up to 10)10
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Please indicate your funding request (maximum $2000):
$2,000.00
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Roy Sullivan
Contact Phone #:*
416-407-8441
Example: 555-555-5555
Contact Email:*
pbhistoricalsociety@gmail.com
Attachment List
Attachment Upload
Attachment 1
Attachment 2
Attachment 3
Parade Route.png 976.74KB
Municipal Assistance Support.docx 60.95KB
Activity Area.png 975.56KB
P.O. Box 10
Port Burwell, Ontario
N0J 1T0
pbhistoricalsociety@gmail.com
www.pbhistoricalsociety.ca
April 18, 2024
The Municipality of Bayham
56169 Heritage Line, PO Box 160
Straffordville, ON
N0J 1Y0
Attention: Meagan Elliott
Hello Meagan,
The Port Burwell Historical Society is requesting $2,000.00 in Municipal Assistance. Those funds would
be used to support the following:
Portable Restrooms 850.00
1. 2 x Regular Portable Restroom
2. 2 x Accessible Portable Restroom
3. 2 x Quad Handwashing Sta�on
Last year we only rented one of each of the above as they were deployed in conjunction with existing
portable facilities provided by the Municipality at the Marine Museum parking lot and in Memorial Park.
With the removal of those supplied by the Municipality we will need to rent double what we had last
year to maintain the same capacity.
Entertainment – band 750.00
We have booked Night Train to provide 4 hours of entertainment beginning right after the dignitaries’
speeches.
Rental of raised stage for entertainment 1,450.00
In previous years we have employed the raised platform at the Gazebo. However, recent renovations
have left the Gazebo with an on-grade concrete slab to meet accessibility requirements. As a result, and
in consideration of the space requirements for the addition of the Community Information area, we
have decided to relocate the main festivity area to the Marine Museum area on Pitt Street. In order to
accommodate the band so that they may be seen by the patrons we will need to provide a temporary
stage at the site.
2 | Page
Canopy sun shade for stage 250.00
This is to protect the band and their equipment from the sun while they are performing.
Thank you for your assistance.
If you have any questions or issues, please do not hesitate to contact me.
Sincerely,
Roy Sullivan
Secretary/Treasurer
Port Burwell Historical Society
416-407-8441
pbhistoricalsociety@gmail.com
www.pbhistoricalsociety.ca
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Vienna Lions Club
Event Name*
First Annual Vienna Lions Kidsfest Summer Community Event
Event Start Date *
7/13/2024
Start Time:*
12:00:00 PM
Event End Date*
7/13/2024
End Time:*
05:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
0
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Please indicate your funding request (maximum $2000):
$1,000.00
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Laura Edwards
Contact Phone #:*
519-671-5788
Example: 555-555-5555
Contact Email:*
viennalionsclub1945@gmail.com
Contact Name:*
Rose Beuk
Contact Phone #:*
647-406-7625
Example: 555-555-5555
Contact Email:*
viennalionsclub1945@gmail.com
Attachment List
Attachment Upload
Attachment 1 First Annual Vienna Lions Kidsfest.pdf 35.42KB
First Annual Vienna Lions Kidsfest
Summer Community Event
Saturday, July 13, 2024
Vienna Lions Community Centre
Brought to you by the Vienna Lions Club
Free entertainment.
Food, drinks, music, ice cream, prizes and vendors!
Featuring : Live Musical performance by Dan the Music man.
Dan Devion is one of Canada’s finest children’s entertainers,
songwriter and recording artist. Dan is an artist that
performs Canada Wide and internationally. He puts on an
interactive show that engages participation from the children.
Event to take place inside/outside of the Vienna Lions
Community Centre. We do not require assistance with
tables/garbage cans/pylons this year. Help with funding the
costs of the community event would be most appreciated.
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Bayham Historical Society
Event Name*
Car Show
Event Start Date *
7/20/2024
Start Time:*
11:00:00 AM
Event End Date*
7/20/2024
End Time:*
05:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Vienna Memorial Park 6226 Plant Rd Vienna
Food Booth
Water & water keys
Keys
garbage bage
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)20
Garbage Cans (up to 20)20
Safety Cones (up to 10)20
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Debbie Marlatt
Contact Phone #:*
519-639-9073
Example: 555-555-5555
Contact Email:*
d.marlatt@hotmail.ca
Contact Name:*
Pat Cole
Contact Phone #:*
519-874-4662
Example: 555-555-5555
Contact Email:*
patrishhe@hotmail.com
Attachment List
Attachment Upload
Attachment 1 436223684_838668604971795_1079201384123262184_n.jpg 191.63KB
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Bayham Beachfest
Event Name*
Bayham Beachfest
Event Start Date *
8/3/2024
Start Time:*
08:00:00 AM
Event End Date*
8/5/2024
End Time:*
10:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
Port Burwell Library
Basketball Courts
Memorial Park
Volley Ball Nets
and Possible use of Ball Diamonds
All locations are for out door use only but will require access to
hydro
Are Road Closures required?*
Yes No
Is this a Parade?*
Yes No
What are the closures required for?*
Road closures around the Library and Basket Ball courts (see Map)
Where are the closures required?*
Yes as we will have vendors in the area and want to keep it safe for
foot traffic, we only require the closures on the sunday Aug 4th
Closures Required From*
08:00:00 AM
Closures Required To*
09:00:00 PM
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)20
Garbage Cans (up to 20)20
Safety Cones (up to 10)10
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Please indicate your funding request (maximum $2000):
$2,000.00
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Laurie Wilson
Contact Phone #:*
519-859-0223
Example: 555-555-5555
Contact Email:*
bbeachfest@gmail.com
Attachment List
Attachment Upload
Attachment 1 Bayham Beachfest map.pdf 649.32KB
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Straffordville Community Committee
Event Name*
Watermelon Festival
Event Start Date *
8/24/2024
Start Time:*
11:00:00 AM
Event End Date*
8/24/2024
End Time:*
05:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
1. the community grounds from 0800 am Friday 23 August 2024 to
4pm Monday 26 August in preparation for and breakdown after the
event
2. the community centre from 1pm Friday 23rd to 7pm Saturday 24th
Are Road Closures required?*
Yes No
Is this a Parade?*
Yes No
What is the Parade Route?*
Parade route attached
1. Use the municipal streets within Straffordville for parade purposes
24 Aug. Request that the streets as per map attached be closed
during the parade from 9:30 – 11 am
2. Close Old Chapel Street from Heritage Line to Main Street to Plank
Road from 9am to 6pm
Parade Time Start*
09:00:00 AM
Parade Time End*
11:00:00 AM
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)20
Garbage Cans (up to 20)20
Safety Cones (up to 10)10
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Please indicate your funding request (maximum $2000):
$2,000.00
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Louise Rischel
Contact Phone #:*
226-220-3750
Example: 555-555-5555
Contact Email:*
rischel@golden.net
Contact Name:*
Rose Gardner
Contact Phone #:*
519-868-0324
Example: 555-555-5555
Contact Email:*
rm.gardner.69@gmail.com
Attachment List
Attachment Upload
Attachment 1
Parade Route.jpeg 562.16KB
WMF 2024 Municipal Letter.docx 98.46KB
PO Box 155
Straffordville, ON N0J 1Y0
SCCStraffordville@gmail.com
Ontario Corporation # 1848565
GIN SCC4633
Municipality of Bayham Application to hold Watermelon Festival
Event Name: Watermelon Festival
Event Date: Saturday 24 August 2024
Start time: 8 am (set-up) End time: 11pm (finish open air movie)
Sponsoring organization: Straffordville Community Committee
Event Coordinators: Rose Gardner 519-868-0324, Louise Rischel 226-220-3750
Special Requests: the Straffordville Community Committee requests the use of the community
grounds from 0800 am Friday 23 August 2024 to 4pm Monday 26 August in preparation for
and breakdown after the event. We also request:
a. The use of the community centre from 1pm Friday 23rd to 7pm Saturday 24th
b. exemption to permit parking on the west side of Sandytown road 24 Aug
c. permission to use the municipal streets within Straffordville for parade purposes 24
Aug approx. Request that the streets as per map attached be closed during the parade
from 9:30 – 11 am
d. Close Old Chapel Street from Heritage Line to Main Street to Plank Road from 9am to
6pm
e. Request the Municipality of Bayham make the necessary arrangements for:
a. traffic control, signage and safety,
b. installation and removal of extra garbage cans and picnic tables,
c. staff assistance to clean cement pad and the pavilion prior to and after event.
The Straffordville Community Committee
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Port Burwell/Bayham Legion Br. 524
Event Name*
Remembrance Day parade
Event Start Date *
11/10/2024
Start Time:*
01:30:00 AM
Event End Date*
11/10/2024
End Time:*
02:30:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
the cenotaph in Port Burwell. Please have the cenotaph area cleaned
and the benches fixed
Are Road Closures required?*
Yes No
Is this a Parade?*
Yes No
What is the Parade Route?*
40 Wellington St to cenotaph on the corner of Pitt and Erieus
Parade Time Start*
01:30:00 PM
Parade Time End*
02:30:00 PM
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
0
0
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Monica Shelly
Contact Phone #:*
519-874-4308
Example: 555-555-5555
Contact Email:*
portburwelllegion@live.ca
Attachment List
Attachment Upload
Attachment 1 Document_240419_091955 (1).pdf 5.15KB
Application for Municipal Assistance - Community
Events
Event Information
Applicant (Community Group)*
Bayham Historical Society
Event Name*
Light up the Park
Event Start Date *
11/16/2024
Start Time:*
06:00:30 PM
Event End Date*
11/16/2024
End Time:*
09:00:00 PM
Use of Municipal Property and/or Facility?*
Yes No
What property and/or facility?*
6226 Plank Rd Vienna. Vienna Memorial Park
Pavillion
Hydro
Are Road Closures required?*
Yes No
The following materials may be available for use of your event. Please indicate what is requested:
Item Required Quantity Required
Picnic Tables (up to 20)6
Funding Requests
Are you requesting funds from the Municipality for your
Community Event?
Yes No
Are you requesting facility rental relief (only applicable to the Straffordville Community Centre and/or Pavilion)?
Yes No
Event Coordinator(s):
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate
contact and/or additional contacts.
The municipality will only communicate with the contact(s) provided here for the noted event. Please ensure to provide the appropriate conta
and/or additional contacts.
Contact Name:*
Debbie Marlatt
Contact Phone #:*
519-639-9073
Example: 555-555-5555
Contact Email:*
d.marlatt@hotmail.ca
Contact Name:*
Al Soper
Contact Phone #:*
519-619-8953
Example: 555-555-5555
Contact Email:*
alzip@hotmail.com
Attachment List
Attachment Upload
Attachment 1
REPORT
CAO
TO: Mayor & Members of Council
FROM: Thomas Thayer, Chief Administrative Officer
DATE: May 16, 2024
REPORT: CAO-19/24 SUBJECT: GIS SERVICES AGREEMENT – ELGIN COUNTY
BACKGROUND
In 2021, discussion commenced between Elgin County and Lower-tier Municipal
Partners (LMPs) regarding Geographic Information Systems (GIS) services, and the
potential for a centralized and/or collaborative approach to GIS provision at a regional
level.
In 2021, Elgin County entered into a Regional Government Enterprise Agreement with
Environmental Systems Research Institute Inc. (ESRI) to obtain access to a significant
array of ArcGIS1 products to be used for greater regional benefit. All Elgin County
LMPs have access to this software through Elgin County as Authorized Entities to the
Regional Government Enterprise Agreement. This Agreement was renewed in 2024.
In late-2023 and early-2024, discussion was had between Elgin County and LMPs
regarding the establishment of shared service for GIS.
DISCUSSION
The Municipality was circulated a draft GIS Services Agreement on May 6, 2024. The draft
Agreement is attached hereto.
The Municipality does still receive GIS services through the Township of Malahide. These are
services that have been in place for many years through an East Elgin GIS Services
arrangement. In 2023, however, due to staff absences and turnover, procuring these services in
a timely manner was, at times, difficult. The Municipality also receives planning-related GIS
services from Arcadis in relation to land matters (i.e. planning files, notices regarding road
closures and land disposition, etc.)
1 ArcGIS was created by ESRI, and is now the most well-known GIS software globally.
The draft GIS Services Agreement would formalize a shared service with the County for access
to additional staff and GIS resources at an hourly rate as identified in Schedule “B” to the
Agreement. Schedule “B” applies to Additional Services outside of standard hosting and data
updates as identified in Schedule “A”.
The Agreement is flexible in that it does not tie Bayham to a requirement to solely use the
County for GIS in accordance with Section 14 of the attached, and is structured in a manner
similar to that of other arrangements in place with Elgin County (i.e. Human Resources, and IT)
regarding formal request for service provision. An executed GIS Services Agreement with the
County would simply provide Bayham with another option for GIS services in times of increased
demand and/or decreased capacity through legacy channels.
Given Bayham’s size, the Municipality relies on a number of these existing Agreements and
arrangements for key service areas. Adoption of this Agreement aligns with the 2023-2026
Community Strategic Plan by engaging in partnerships and collaborative ventures to enhance
Bayham’s internal resources.
Staff recommend adoption of a GIS Services Agreement with Elgin County.
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): Initiate and review shared service arrangements
ATTACHMENTS
1. Draft GIS Services Agreement – Bayham and Elgin County
RECOMMENDATION
1. THAT Report CAO-19/24 re GIS Services Agreement – Elgin County be received for
information;
2. AND THAT the Council of The Corporation of the Municipality of Bayham agrees to
enter into a GIS Services Agreement with Elgin County;
3. AND THAT the Mayor and Chief Administrative Officer be directed to execute the GIS
Services Agreement on behalf of the Municipality;
4. AND THAT the appropriate authorizing by-law be brought forward for Council’s
consideration.
Respectfully Submitted by:
Thomas Thayer, CMO, AOMC
Chief Administrative Officer
Page 1 of 16
THIS AGREEMENT made the day of , 2024
B E T W E E N:
Corporation of the County of Elgin
(hereinafter referred to as “Elgin”)
and
Corporation of the Municipality of Bayham
(hereinafter referred to as the “Municipality")
WHEREAS:
1. The Corporation of the County of Elgin is an upper-tier municipal corporation
incorporated pursuant to the Municipal Act, 2001 R.S.O. c. M. 25, as
amended or replaced (the “Municipal Act, 2001”).
2. The Municipality is a lower-tier municipal corporation incorporated pursuant
to the Municipal Act, 2001 and is one of the constituent local municipalities
within the geographic limits of Elgin County.
3. The Municipality, from time to time, requires certain on-demand Geographic
Information Systems (“GIS”) services with regard to its operations.
4. Elgin is prepared to provide GIS services to the Municipality.
5. Elgin and their GIS staff have the requisite skill, experience and knowledge
necessary to carry out the GIS services required;
6. The parties wish to formalize their contractual relationship through this
Agreement.
IN CONSIDERATION of the mutual covenants and other terms and conditions
hereinafter contained, the parties hereby covenant, promise and agree each with
the other as follows:
Page 2 of 16
Definitions
1. In this Agreement,
a) “Confidential Information” means any information that is supplied in
confidence explicitly or should be reasonably understood to have been
supplied in confidence and includes, but is not limited to, Personal
Information as defined in the Municipal Freedom of Information and
Protection of Privacy Act, and information that is subject to confidentiality
requirements due to third-party agreements, licences or other instruments;
b) “Director” means the person holding the position of the Director of
Engineering of Elgin;
c) "Elgin" means the Corporation of the County of Elgin;
d) "Elgin CAO" means the person holding the position of Chief Administrative
Officer of Elgin;
e) “Elgin Council” means the municipal Council of Elgin;
f) “GIS System” means the system for capturing, storing, checking and
displaying data in a geographic manner, including the hardware and
software that, in conjunction, is used to provide the Services, including but
not limited to the locally hosted servers, software, software as a service,
licences and data;
g) “Municipality CAO” means the person holding the position of Chief
Administrative Officer of the Municipality, and “Municipality’s CAO”,
“Municipal CAO” or other similar variation shall have the same meaning,
as context requires;
h) "Services" means the registered professional planner services to be
provided by the County pursuant to this Agreement and as specified in
clause 5 of this Agreement.
General
2. Elgin is a municipal corporation governed by Warden and Council and
operated by administration, who is hereby authorized to administer this
Agreement save for those areas specifically limited herein.
3. The Municipality is a municipal corporation governed by Mayor and Council
and operated by administration, who is hereby authorized to administer this
Agreement save for those areas specifically limited herein.
4. The Schedules attached hereto are incorporated into and form part of this
Agreement.
Page 3 of 16
Elgin GIS Services
5. Elgin agrees to perform the GIS services described in Schedule “A” to this
Agreement. For clarity, the services identified in Schedule “A” are provided
by the County without any additional fees or charges as set out in Schedule
“B”. Any services requested by the Municipality that are not included in
Schedule “A” or otherwise described as an inclusive service within this
Agreement (“Additional Services”) shall be subject to the fee(s) set out in
Schedule “B”.
6. Elgin has the unfettered right pursuant to this Agreement to:
a) Establish procedures and protocols for how requests for GIS
Services are initiated by the Municipality;
b) Determine the timing and method of performing the GIS Services;
c) Assigning personnel to the GIS Services;
d) Determine the deliverables that the County can offer;
7. Elgin will use commercial reasonable efforts, having regard to all of the
circumstances including existing workload, personnel availability, the
complexity of the GIS Services request and any other factor it deems
relevant, to provide timely GIS Services.
8. The Municipality specifically acknowledges that the GIS Services of the
County are provided to other local municipal partners within the geographic
area of Elgin County and that GIS Services that are requested that are
similar in nature to requests by other local municipal partners may be
grouped together, the deliverables and work product may be shared with
other local municipal partners and the ser
Elgin GIS System and Hosting
9. Elgin hosts the Municipality’s GIS data on Elgin servers and provides access
to the Municipality to its GIS system. The Municipality hereby acknowledges
and agrees that such hosting and access is subject to the following terms
and conditions:
a) The Municipality shall have the ability to access the GIS system through
credentials provided to it by Elgin. The Municipality is solely responsible
for restricting access to such credentials as needed and shall do so at its
sole risk and shall release, save harmless and indemnify Elgin from any
damages or claim arising out of access to the GIS system by its
credentials whether authorized or unauthorized.
b) Elgin disclaims, provides no warranties, assurances or representations
with regard to GIS data hosting.
c) The Municipality acknowledges and agrees that the GIS System is
provided on an “as is” and “where available” basis and Elgin makes no
guarantee, warranty, representation or condition of accuracy,
Page 4 of 16
completeness or usefulness of the GIS System for the Municipality’s
purpose or intent, save and except where Elgin has agreed to create
specific data or layers pursuant to a GIS Service retainer as set out
herein or otherwise described in Schedule “A”.
d) The Municipality acknowledges and agrees that Elgin makes no
representation, warranty or condition that its server will be continuously
available or will function without interruption; that access to its server or
GIS system will be compatible with the Municipality’s equipment or
software; that its server or GIS system will be error free or that errors will
be corrected; that access to its server will be free of viruses or other
destructive or disruptive components.
Retainer Process
10. In order for the Municipality to retain the Elgin GIS Services for Additional
Services, a request will be made in writing by the Municipal CAO to the
Director of Engineering or designate. The written request shall include, at
minimum, a detailed description of the issue, the deliverable or goal sought
by the Municipality and a timeline for completion. The Director shall give best
efforts to respond within two (2) business days acknowledging the request
and indicating whether or not the Additional Service can be performed and
whether the requested timeline can be met.
11. The Director may decline to provide the GIS Services at Elgin’s sole and
unfettered discretion. Without limiting the generality of the foregoing, the
Director will have regard to the nature of the issue, the timeline for
completion, any potential conflicts of interest and the workload of Elgin’s GIS
Department.
12. Elgin retains the right to terminate any particular file or Service(s) if (i)
circumstances arise which create an actual or potential conflict of interest
with the best interests of the Municipality or Elgin, as determined in the
Director’s sole and absolute discretion; and/or, (ii) loss of personnel,
qualification and/or experience to render the Service(s). In the event that any
Service(s) are terminated pursuant to this provision it shall be without
recourse by, or compensation to, the Municipality.
13. The Municipality retains the right to terminate any particular retainer, file or
Service(s) at its sole and absolute discretion, by providing written notice from
the Municipality’s CAO to the Director. If any particular file or Service(s) are
terminated by the Municipality then Elgin shall immediately cease work on
the file or Service(s) and invoice for all Service(s) rendered up to the time
Elgin received the written notice.
Page 5 of 16
Non-Exclusive Services
14. The Municipality shall not be required to retain Elgin to provide all or any of
the Municipality’s GIS Services.
15. Elgin is permitted to provide GIS Services to entities other than the
Municipality.
Fees and Disbursements
Services
16. The Municipality shall pay to Elgin for Additional Services the rates set out in
Schedule “B” to this Agreement which shall be the effective rate for the
calendar year of 2024.
17. The Parties agree that Elgin shall be permitted, pursuant to its unfettered
discretion, to increase the said hourly rates, effective as of January 1 in any
calendar year during which this Agreement is effective, commencing January 1,
2025, provided that Elgin delivers written notice of such intended rate increase
prior to November 1 of the prior calendar year thereof, commencing November
1, 2024.
18. The Municipality agrees that Elgin shall be entitled to obtain reimbursement of
all disbursements and expenses incurred by Elgin in relation to any Service(s)
for which it is retained by the Municipality, provided that, for any specific
disbursement in an amount anticipated to be in excess of $500.00, Elgin shall
obtain prior written authorization from the Municipality before incurring such
expense, including but not limited to any third-party fee(s).
19. Elgin shall provide detailed accounts for the Services on a quarterly basis. If
requested by the Municipality CAO, the County will make available to Elgin
such accounts, records, receipts, vouchers and documents for the purpose of
substantiating its billings.
20. The Municipality shall pay each invoice within 30 days of receipt of the invoice.
Capital – GIS Hosting and Licences
21. The County shall host a GIS server, and pursuant to a ESRI Enterprise
Licence, obtain licences necessary to operate a GIS system that shall, subject
to the terms and conditions of such licence, be made available for use by the
Municipality.
22. Pursuant to the arrangement initiated by the County in 2021, in consultation
with its local municipal partners, the Municipality shall not be required to pay to
Page 6 of 16
Elgin any annual fee for GIS server or Elgin ESRI Enterprise licence costs
during the Term of this Agreement.
23. Notwithstanding sections 21 and 22, should the Municipality require Elgin to
obtain any licence for provision of a specific GIS service requested by the
Municipality, or should Elgin be requested by its local municipal partners to
increase its hardware or software beyond the level of service offered at the
commencement of this Agreement, the Municipality agrees that the County
shall not be required to comply with such request at Elgin’s own cost.
Elgin Covenants
24. Elgin hereby covenants as follows:
a) to comply with all applicable laws, legislation, directives, rules and orders,
whether International, Federal, Provincial, or local in providing the Services;
b) to comply with the Workplace Safety and Insurance requirements (WSIA)
and Human Rights policies;
c) to obtain and keep current WSIB insurance;
d) to ensure that the persons in their organizations who deal with members of
the public or other third parties on behalf of the Municipality or who
participate in developing the Municipality’s policies, practices and
procedures governing the provision of goods and services to members of
the public or other third parties receive training about the provision of goods
or services to persons with disabilities as required by the Accessibility for
Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended;
e) to supply at its sole cost and expense all staff, equipment, accommodations
and technical assistance necessary to perform the Services and assume all
overhead expenses in connection with the Services, save and except those
specifically specified in this agreement as being at the cost of the
Municipality;
f) to co-operate with the Municipality CAOs, or his or her designate, and to do
all things necessary to enable the Municipality’s CAO to evaluate the
Services as required.
Elgin Representations
25. Elgin hereby represents as follows:
a) that it will employ competent GIS staff to render the Services;
b) that it will assign qualified GIS staff to perform the GIS Service(s) associated
with any particular matter;
Page 7 of 16
c) that it will not render Services that intentionally create a conflict of interest
between Elgin and the Municipality and/or any Third Party or any
combination thereof;
d) that where a conflict of interest is foreseeable in the provision of Services, it
will identify the potential conflict as soon as practicable to the Municipality’s
CAO;
Municipality Covenants
26. The Municipality hereby covenants as follows:
a) that it will communicate with Elgin GIS staff in a timely manner, including
with respect to the initial request for Service(s);
b) to provide Elgin GIS staff with all relevant information and documentation, as
may be requested, and to otherwise provide any assistance requested by
Elgin and its GIS staff;
c) that it warrants that it has the right, ability and licence to provide Elgin with all
data and information that it provides to Elgin for the purpose of this
Agreement;
d) that it warrants that notwithstanding the generality of section 25(c), it is
specifically satisfied that Elgin is a consultant for the purpose of sharing
MPAC data and that in forming this agreement the Municipality is further
satisfied that it meets all criteria required by MPAC to share data with Elgin;
e) that it will provide Elgin with current, relevant data or policies of the
Municipality that are applicable to any Service(s) that are requested;
f) to at all times act honestly, ethically, and with integrity in any and all of its
dealings with Elgin in respect of any Service(s) being delivered;
g) that it acknowledges and agrees that Elgin County does not warrant, and
specifically disclaims, the GIS Services as being fit for any particular purpose
beyond any specific representations that Elgin County may make in
delivering the Services;
h) if required, it will enter into any licence agreement necessary by any third-
party in order for the Municipality to receive GIS Services;
i) that it acknowledges that in requesting the services of Elgin pursuant to this
agreement that Elgin is acting as a service provider to the Municipality and
that such provision of service does not violate any licence agreement that
the Municipality has with any third-party;
Dispute Resolution
27. In the event of a dispute between Elgin and the Municipality relating to any
provision, covenant, commitment and/or obligation contemplated herein, or any
Page 8 of 16
other dispute with regard to the delivery of the Service(s), the parties hereto
agree that the following process shall be used:
a) The party identifying the dispute will provide written notice to the other
party, including sufficient detail for the party receiving the notice to
respond and, where necessary, investigate the issue. Where the
Municipality is providing written notice, it shall be from the
Municipality’s CAO to the Director. Where Elgin is providing written
notice, it shall be from the Director to the Municipality’s CAO.
b) The parties agree to discuss the dispute as between the Director and
the Municipality’s CAO and otherwise reach consensus on a
resolution of the dispute within a period of thirty (30) days, or shorter
period if there is an applicable time sensitivity to the dispute.
c) Should the parties not reach a consensus resolution then the dispute
may be escalated to the Elgin CAO. The parties agree to discuss the
dispute as between Elgin’s CAO and the Municipality’s CAO and
otherwise reach consensus on a resolution of the dispute within a
period of thirty (30) days, or shorter period if there an applicable time
sensitivity to the dispute.
d) Should the parties not reach a consensus resolution, either or both
parties shall be at liberty to assert and/or protect their respective legal
rights and interests in any manner permitted at law.
28. The parties will meet annually to review delivery of the Services and address
any issues that remain outstanding that were not addressed through the formal
dispute resolution process set out immediately above.
Term and Termination
29. The term of this Agreement shall be from the effective date of this Agreement
noted at the top of page one and shall continue until it is terminated pursuant to
the provisions of this Agreement (the “Term”).
30. Either party may, in its sole discretion, terminate this Agreement by providing
the other party with one hundred and eighty (180) days’ written notice of
termination.
31. Elgin may terminate this Agreement immediately, without Notice, on the
occurrence of any of the following:
a) Elgin no longer has qualified or competent staff to perform the
Services;
b) Elgin does not appropriate the required funds to operate the GIS
Services in any budget year;
Page 9 of 16
c) The Municipality materially breaches its obligations pursuant to this
agreement including, but not limited to, failing to pay the required fees
in a timely manner;
d) The Municipality has materially misrepresented or warranted any
thing or covenant at the time this Agreement was formed;
32. Upon termination, the annual fee paid by the Municipality shall be prorated to
actual number of days in the year, to the termination date.
Indemnity
33. Subject to section 34, the Parties hereby agree that they will, from time to time,
and at all times, well and truly save, keep harmless and fully indemnify the
other party (the “Indemnified Party”), its successors and assigns, from and
against all actions, claims and demands whatsoever which may be brought
against or made upon the Indemnified Party and against all loss, liability,
judgments, claims, costs, demands or expenses which the Indemnified Party
may sustain, suffer or be put to:
a) resulting from or arising out of any breach, violation or non-performance of
any covenant, condition, agreement or other obligation in this Agreement
to be fulfilled, kept, observed and performed by the Indemnifying Party;
and
b) resulting or occasioned by any wrongful act, default, omission or
negligence of the Indemnifying Party and those for whom it is in law
responsible, including but not limited to any damage to property and any
injury to any person (including death).
34. The Municipality acknowledges and agrees that it shall release and hold
harmless Elgin from any damages, whether direct, indirect, incidental,
consequential or special, including any costs associated with any claim or
demand, arising out of a cyberattack, ransomware or other malicious attack by
a third-party on Elgin information technology hardware or software including the
GIS System and any licensed or SaaS product utilized by Elgin. In no event
shall Elgin be liable to the Municipality in any manner whatsoever for any
damages arising out of third-party interference with Elgin IT systems, including
the GIS System, unless the third-party is the approved and authorized agent or
contractor of Elgin.
Insurance
35. The Parties shall each maintain a policy of Municipal/Commercial General
Liability insurance that shall:
a) have a limit of liability of not less than Five Million Dollars ($5,000,000)
inclusive for any occurrence;
Page 10 of 16
b) include damage caused by vehicles owned by the Party and used in
conjunction with the work either within or outside the contract limits, and
shall have a limit of liability of not less than $2,000,000 inclusive for any
one occurrence;
Subcontractors
36. Elgin will be solely responsible for the payment of any subcontractors,
consultants, agents or other third-parties employed, engaged or retained by it
for the purpose of assisting it in the discharge of its obligations in providing the
Services under this Agreement. The employment, engagement or retainer of
any subcontractors and/or sub-consultants must have received prior written
approval from the Municipality.
Confidential Information
37. Elgin shall take all reasonable steps to keep all Confidential Information
received from the Municipality confidential and not disclose any such
Confidential Information to Elgin’s Warden, Councillors, administration, staff,
employees, servants, agents, consultants or contractors, other than to its GIS
staff and associated support or supervisory staff.
38. The parties hereby agree and acknowledge that all rights, obligations and
responsibilities set out in this Agreement with regard to confidentiality are
subject to the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c. M 56, as may be amended or replaced (“MFIPPA”).
39. For the purposes of the MFIPPA and any amendments thereto, and except as
expressly provided in this clause, the parties hereby acknowledge and agree
that any GIS records in Elgin’s possession as a result of providing the Services
are within the custody and control of Elgin. Should Elgin receive an access to
information request regarding records that were supplied to Elgin by the
Municipality for the purpose of receiving GIS Services, then Elgin shall notify
the Municipality of the request for access to the information, unless ordered
otherwise by the Information and Privacy Commissioner or other authority of
competent jurisdiction. No confidential information shall be disclosed by Elgin in
any manner whatsoever, save and except as required by law, without the
approval in writing of the Municipality’s CAO, and:
a) Elgin shall hold all confidential information obtained in trust and confidence
for the Municipality and shall not disclose any such confidential information,
by publication or other means, to any person, company or other government
agency unless required by law so ordered by an authority of competent
jurisdiction or unless the information is already public or has been otherwise
disclosed by any party that is not Elgin;
Page 11 of 16
b) any request for approval by Elgin to the Municipality’s CAO to use
confidential information shall specifically state the benefit to the Municipality
of the disclosure of the confidential information;
c) any use of the confidential information shall be limited to the express
purposes as set out in the approval of the Municipality’s CAO; and
d) Elgin shall not, at any time during or after the term of this Agreement, use
any confidential information for the benefit of anyone other than the
Municipality.
No Agency or Employment Relationship
40. The Municipality and Elgin agree that Elgin, its servants, agents and
employees shall under no circumstances be deemed agents or
representatives of the Municipality and except as the Municipality may
specifically authorize in writing, shall have no right to enter into any contracts
or commitments in the name of or on behalf of the Municipality or to bind the
Municipality in any respect whatsoever.
Force Majeure
34. The performance of the respective parties hereto or their respective
obligations hereunder shall be subject to force majeure, including, but not
limited to, insurrections, riots, wars and warlike operations, explosions,
governmental acts, epidemics, strikes, fires, accidents, acts of any public
enemy, or any similar occurrence beyond the reasonable control of the party
affected. Any party temporarily excused from performance hereunder by any
such circumstances shall use its best efforts to avoid, remove or cure such
circumstances and shall resume performance with utmost dispatch when
such circumstances are removed or cured. Any party claiming circumstances
as an excuse for delay in performance shall give prompt notice in writing
thereof to the other party.
Notices
35. Any notification or written communication required by or contemplated under
the terms of this Agreement shall be in writing and sent by electronic mail, in
which case the electronic mail shall be deemed to have been delivered the
day after it is sent to an e-mail address specified below, or Registered Mail,
Return Receipt Requested and which shall be deemed to have been
delivered five business days after the date of mailing. Addresses for such
notices shall be:
Page 12 of 16
If to the Municipality: Chief Administrative Officer
56169 Heritage Line, Box 160
Straffordville, ON, N0J 1Y0
cao@bayham.on.ca
If to Elgin: Director, Engineering Services
450 Sunset Drive,
St. Thomas, ON, N5R 5V1
engineering@elgin.ca
Miscellaneous
36. The waiver of any provision hereof or the failure of any party hereto to
enforce any right hereunder shall apply to that provision or right only and
shall not be deemed to affect the validity of the remainder hereof.
37. No departure from or waiver of the terms of this Agreement shall be deemed
to authorize any prior or subsequent departure or waiver and neither party
shall not be obligated to continue any departure or waiver or to permit any
subsequent departure or waiver.
38. This Agreement shall be constructed with all changes in number and gender
as may be required by the context. Any titles used within this document are
for reference purposes only and not an aid to interpretation.
39. All obligations herein contained, although not expressed to be covenants,
shall be deemed to be covenants.
40. Whenever a statement or provision in this Agreement is followed by words
denoting inclusion or example and then a list of or reference to specific items,
such list or reference shall not be read so as to limit the generality of that
statement or provision, even if words such as “without limiting the generality
of the foregoing” do not precede such list or reference.
41. The parties agree that all covenants and conditions contained in this
Agreement shall be severable, and that should any covenant or condition in
the Agreement be declared invalid or unenforceable by a court of competent
jurisdiction, the remaining covenants and conditions and the remainder of the
Agreement shall remain valid and not terminate thereby.
42. This Agreement shall be governed by and construed in accordance with the
laws of the Province of Ontario and the federal laws of Canada applicable
therein.
Page 13 of 16
43. This Agreement embodies the entire agreement between the parties with
regard to the provision of the Services and associated deliverables and
supersedes any prior understanding or agreement, collateral, oral or
otherwise with respect to the provision of the deliverables and additional
deliverables, existing between the parties at the date of execution of the
agreement.
44. The parties have entered into this Agreement voluntarily and have had the
opportunity to seek independent professional and legal advice prior to the
execution of this Agreement. Where such advice has not been sought or
received the party is deemed to have intentionally waived such opportunity.
45. This Agreement shall not be assignable by the either party without the prior
written consent of the other party, and such written consent may be refused
at the other party’s sole and absolute discretion.
46. This Agreement may be signed electronically, may be executed in
counterpart, and may be exchanged by scanned or faxed copy. A
combination of counterparts, including counterparts bearing electronic
signatures, shall be deemed to be an original.
47. This Agreement shall enure to the benefit of, and be binding upon, the heirs,
executors, administrators, successors and permitted assigns of the parties
hereto.
IN WITNESS WHEREOF, Elgin and the City have respectively executed and
delivered this Agreement on the date set out above.
Corporation of the County of Elgin
_________________ ____________________________________
Date Ed Ketchabaw, Warden
_________________ ____________________________________
Date Blaine Parkin, Chief Administrative Officer
I/We have the authority to bind the
Corporation.
Page 14 of 16
Corporation of the Municipality of Bayham
_________________ ____________________________________
Date Ed Ketchabaw, Mayor
_________________ ____________________________________
Date Thomas Thayer, Chief Administrative Officer
I/We have authority to bind the Corporation.
Page 15 of 16
SCHEDULE “A”
SERVICES
Provide secure access to the GIS server, Municipal Databases, ArcGIS
Online, Geocortex and Portal.
Act as the administrator of the GIS server, providing permissions/licenses
and access credentials to municipal users.
Ensure data backups are completed and software licenses are renewed.
Maintain and update as required: property parcel fabric, municipal
addressing and road network shapefiles.
Add datasets to the Geocortex internal and external facing websites, as
requested.
Provide training for municipal staff to access and navigate GIS products.
Circulate County-wide GIS data to approved third party agencies (e.g.
MOH, OPP, OMAFRA, Tillsonburg Dispatch);
On-going maintenance of GIS datasets including addresses, highways
and property information;
GIS data creation, maintenance, updating and quality control/quality
assurance;
GIS data entry, attributing, and metadata creation;
* The above Services are provided by Elgin County without the Municipality
incurring the fee(s) set out in Schedule “B”:
Page 16 of 16
SCHEDULE “B”
FEES
All Fees below are expressed on a per-hour basis, exclusive of HST and any
disbursements, and are applicable to Additional Services:
$75/hr
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-025
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND DUNCOR ENTERPRISES INC.
WHEREAS the Municipality of Bayham, through the Township of Malahide, contracts for the
completion of various surface treatment applications;
AND WHEREAS the Township of Malahide issued Tender PW-24-04, being a tender for road
surface treatment;
AND WHEREAS Duncor Enterprises Inc. was the successful bidder for Tender PW-24-04;
AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Duncor Enterprises Inc. for surface treatment applications;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and 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 Municipality of Bayham and Duncor Enterprises
Inc., being an agreement respecting surface treatment applications;
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 16th DAY OF
MAY, 2024.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 3
THIS AGREEMENT DATED THE 16th DAY OF MAY, 2024
BETWEEN:
The Corporation of the Municipality of Bayham
(Hereinafter called the “Municipality”
of the First Part
and
Duncor Enterprises Inc.
(Hereinafter called the "Contractor")
of the Second Part
WHEREAS the Municipality, through the Township of Malahide, contracts for the completion of various
surface treatment applications;
NOW THEREFORE IN CONSIDERATION OF the mutual covenants herein contained, the payments
required hereby, and such other consideration as the parties hereto deem acceptable, the parties
agree as follows:
Section 1 - General Provisions
1.1 A general description of work is to provide all the labour, equipment and materials required for
Surface Treatment in the Municipality of Bayham pursuant to Township of Malahide Tender PW-
24-04;
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 Township of Malahide Tender PW-24-04 shall form part of this Agreement.
1.4 The Contractor shall be responsible for any damage made to Municipal or private property. Any
damage will be repaired at the expense of the Contractor and approved by the Municipality.
1.5 The Contractor shall maintain and pay for Comprehensive General Liability Insurance in an
amount of not less than two million ($2,000,000.00) naming the Municipality of Bayham as an
additional insured in respect of all operations performed by or on behalf of the Municipality. The
coverage shall not be altered, cancelled or allowed to expire or lapse without thirty (30) days
prior written notice to the Municipality. A Certificate of Insurance shall be filed with the
Municipality upon the signing of the Agreement and be maintained in place for the duration of
the agreement.
Page 2 of 3
1.6 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.
1.7 The contractor shall provide a Certificate from Workplace Safety and Insurance Board indicating
that all payments by the Contractor to the WSIB in conjunction with this Agreement have been
made and that the Municipality will not be liable to the Board for future payments in connection
with the Agreement. The Certificate shall be provided upon signing of the Agreement and yearly
thereafter until the expiry or termination of this Agreement.
Section 2 – Administration
2.1 This Agreement shall take effect on the 16th day of May 2024, and shall remain in
effect until December 31, 2024.
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: eroloson@bayham.on.ca
(b) in the case of the Contractor:
Duncor Enterprises Inc.
101 Big Bay Point Road
Barrie, ON
L4N 8M5
Email: MichelleChisholm@duncor.ca
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.
Page 3 of 3
IN WITNESS WHEREOF the parties have duly executed this Agreement this 16th day of May, 2024.
Authorized by ) THE CORPORATION OF THE
Bayham By-law No. 2024-025 ) MUNICIPALITY OF BAYHAM
)
)
) _____________________________
) Mayor
)
) _____________________________
) Chief Administrative Officer
)
WITNESS WHEREOF the part of the Second Part has hereunto set is hand and seal.
SIGNED, SEALED AND DELIVERED, this 16th day of May, 2024.
In the presence of )
)
)
_______________________ ) ______________________________
Witness: ) Duncor Enterprises Inc.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-026
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND THE CORPORATION OF THE COUNTY OF ELGIN FOR GIS SERVICES
WHEREAS section 8(1) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, grants a
broad scope of powers to municipalities to govern their affairs as they consider appropriate;
AND WHEREAS the Municipality of Bayham, from time to time, requires certain on-demand
GIS services with regard to its operations;
AND WHEREAS the County of Elgin is prepared to provide GIS services to the Municipality of
Bayham;
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 GIS Services;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and 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 Municipality of Bayham and the Corporation of the
County of Elgin being an agreement for GIS Services;
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 16th DAY OF
MAY, 2024.
___________________________ _____________________________
MAYOR CLERK
Page 1 of 16
THIS AGREEMENT made the day of , 2024
B E T W E E N:
Corporation of the County of Elgin
(hereinafter referred to as “Elgin”)
and
Corporation of the Municipality of Bayham
(hereinafter referred to as the “Municipality")
WHEREAS:
1. The Corporation of the County of Elgin is an upper-tier municipal corporation
incorporated pursuant to the Municipal Act, 2001 R.S.O. c. M. 25, as
amended or replaced (the “Municipal Act, 2001”).
2. The Municipality is a lower-tier municipal corporation incorporated pursuant
to the Municipal Act, 2001 and is one of the constituent local municipalities
within the geographic limits of Elgin County.
3. The Municipality, from time to time, requires certain on-demand Geographic
Information Systems (“GIS”) services with regard to its operations.
4. Elgin is prepared to provide GIS services to the Municipality.
5. Elgin and their GIS staff have the requisite skill, experience and knowledge
necessary to carry out the GIS services required;
6. The parties wish to formalize their contractual relationship through this
Agreement.
IN CONSIDERATION of the mutual covenants and other terms and conditions
hereinafter contained, the parties hereby covenant, promise and agree each with
the other as follows:
Page 2 of 16
Definitions
1. In this Agreement,
a) “Confidential Information” means any information that is supplied in
confidence explicitly or should be reasonably understood to have been
supplied in confidence and includes, but is not limited to, Personal
Information as defined in the Municipal Freedom of Information and
Protection of Privacy Act, and information that is subject to confidentiality
requirements due to third-party agreements, licences or other instruments;
b) “Director” means the person holding the position of the Director of
Engineering of Elgin;
c) "Elgin" means the Corporation of the County of Elgin;
d) "Elgin CAO" means the person holding the position of Chief Administrative
Officer of Elgin;
e) “Elgin Council” means the municipal Council of Elgin;
f) “GIS System” means the system for capturing, storing, checking and
displaying data in a geographic manner, including the hardware and
software that, in conjunction, is used to provide the Services, including but
not limited to the locally hosted servers, software, software as a service,
licences and data;
g) “Municipality CAO” means the person holding the position of Chief
Administrative Officer of the Municipality, and “Municipality’s CAO”,
“Municipal CAO” or other similar variation shall have the same meaning,
as context requires;
h) "Services" means the registered professional planner services to be
provided by the County pursuant to this Agreement and as specified in
clause 5 of this Agreement.
General
2. Elgin is a municipal corporation governed by Warden and Council and
operated by administration, who is hereby authorized to administer this
Agreement save for those areas specifically limited herein.
3. The Municipality is a municipal corporation governed by Mayor and Council
and operated by administration, who is hereby authorized to administer this
Agreement save for those areas specifically limited herein.
4. The Schedules attached hereto are incorporated into and form part of this
Agreement.
Page 3 of 16
Elgin GIS Services
5. Elgin agrees to perform the GIS services described in Schedule “A” to this
Agreement. For clarity, the services identified in Schedule “A” are provided
by the County without any additional fees or charges as set out in Schedule
“B”. Any services requested by the Municipality that are not included in
Schedule “A” or otherwise described as an inclusive service within this
Agreement (“Additional Services”) shall be subject to the fee(s) set out in
Schedule “B”.
6. Elgin has the unfettered right pursuant to this Agreement to:
a) Establish procedures and protocols for how requests for GIS
Services are initiated by the Municipality;
b) Determine the timing and method of performing the GIS Services;
c) Assigning personnel to the GIS Services;
d) Determine the deliverables that the County can offer;
7. Elgin will use commercial reasonable efforts, having regard to all of the
circumstances including existing workload, personnel availability, the
complexity of the GIS Services request and any other factor it deems
relevant, to provide timely GIS Services.
8. The Municipality specifically acknowledges that the GIS Services of the
County are provided to other local municipal partners within the geographic
area of Elgin County and that GIS Services that are requested that are
similar in nature to requests by other local municipal partners may be
grouped together, the deliverables and work product may be shared with
other local municipal partners and the ser
Elgin GIS System and Hosting
9. Elgin hosts the Municipality’s GIS data on Elgin servers and provides access
to the Municipality to its GIS system. The Municipality hereby acknowledges
and agrees that such hosting and access is subject to the following terms
and conditions:
a) The Municipality shall have the ability to access the GIS system through
credentials provided to it by Elgin. The Municipality is solely responsible
for restricting access to such credentials as needed and shall do so at its
sole risk and shall release, save harmless and indemnify Elgin from any
damages or claim arising out of access to the GIS system by its
credentials whether authorized or unauthorized.
b) Elgin disclaims, provides no warranties, assurances or representations
with regard to GIS data hosting.
c) The Municipality acknowledges and agrees that the GIS System is
provided on an “as is” and “where available” basis and Elgin makes no
guarantee, warranty, representation or condition of accuracy,
Page 4 of 16
completeness or usefulness of the GIS System for the Municipality’s
purpose or intent, save and except where Elgin has agreed to create
specific data or layers pursuant to a GIS Service retainer as set out
herein or otherwise described in Schedule “A”.
d) The Municipality acknowledges and agrees that Elgin makes no
representation, warranty or condition that its server will be continuously
available or will function without interruption; that access to its server or
GIS system will be compatible with the Municipality’s equipment or
software; that its server or GIS system will be error free or that errors will
be corrected; that access to its server will be free of viruses or other
destructive or disruptive components.
Retainer Process
10. In order for the Municipality to retain the Elgin GIS Services for Additional
Services, a request will be made in writing by the Municipal CAO to the
Director of Engineering or designate. The written request shall include, at
minimum, a detailed description of the issue, the deliverable or goal sought
by the Municipality and a timeline for completion. The Director shall give best
efforts to respond within two (2) business days acknowledging the request
and indicating whether or not the Additional Service can be performed and
whether the requested timeline can be met.
11. The Director may decline to provide the GIS Services at Elgin’s sole and
unfettered discretion. Without limiting the generality of the foregoing, the
Director will have regard to the nature of the issue, the timeline for
completion, any potential conflicts of interest and the workload of Elgin’s GIS
Department.
12. Elgin retains the right to terminate any particular file or Service(s) if (i)
circumstances arise which create an actual or potential conflict of interest
with the best interests of the Municipality or Elgin, as determined in the
Director’s sole and absolute discretion; and/or, (ii) loss of personnel,
qualification and/or experience to render the Service(s). In the event that any
Service(s) are terminated pursuant to this provision it shall be without
recourse by, or compensation to, the Municipality.
13. The Municipality retains the right to terminate any particular retainer, file or
Service(s) at its sole and absolute discretion, by providing written notice from
the Municipality’s CAO to the Director. If any particular file or Service(s) are
terminated by the Municipality then Elgin shall immediately cease work on
the file or Service(s) and invoice for all Service(s) rendered up to the time
Elgin received the written notice.
Page 5 of 16
Non-Exclusive Services
14. The Municipality shall not be required to retain Elgin to provide all or any of
the Municipality’s GIS Services.
15. Elgin is permitted to provide GIS Services to entities other than the
Municipality.
Fees and Disbursements
Services
16. The Municipality shall pay to Elgin for Additional Services the rates set out in
Schedule “B” to this Agreement which shall be the effective rate for the
calendar year of 2024.
17. The Parties agree that Elgin shall be permitted, pursuant to its unfettered
discretion, to increase the said hourly rates, effective as of January 1 in any
calendar year during which this Agreement is effective, commencing January 1,
2025, provided that Elgin delivers written notice of such intended rate increase
prior to November 1 of the prior calendar year thereof, commencing November
1, 2024.
18. The Municipality agrees that Elgin shall be entitled to obtain reimbursement of
all disbursements and expenses incurred by Elgin in relation to any Service(s)
for which it is retained by the Municipality, provided that, for any specific
disbursement in an amount anticipated to be in excess of $500.00, Elgin shall
obtain prior written authorization from the Municipality before incurring such
expense, including but not limited to any third-party fee(s).
19. Elgin shall provide detailed accounts for the Services on a quarterly basis. If
requested by the Municipality CAO, the County will make available to Elgin
such accounts, records, receipts, vouchers and documents for the purpose of
substantiating its billings.
20. The Municipality shall pay each invoice within 30 days of receipt of the invoice.
Capital – GIS Hosting and Licences
21. The County shall host a GIS server, and pursuant to a ESRI Enterprise
Licence, obtain licences necessary to operate a GIS system that shall, subject
to the terms and conditions of such licence, be made available for use by the
Municipality.
22. Pursuant to the arrangement initiated by the County in 2021, in consultation
with its local municipal partners, the Municipality shall not be required to pay to
Page 6 of 16
Elgin any annual fee for GIS server or Elgin ESRI Enterprise licence costs
during the Term of this Agreement.
23. Notwithstanding sections 21 and 22, should the Municipality require Elgin to
obtain any licence for provision of a specific GIS service requested by the
Municipality, or should Elgin be requested by its local municipal partners to
increase its hardware or software beyond the level of service offered at the
commencement of this Agreement, the Municipality agrees that the County
shall not be required to comply with such request at Elgin’s own cost.
Elgin Covenants
24. Elgin hereby covenants as follows:
a) to comply with all applicable laws, legislation, directives, rules and orders,
whether International, Federal, Provincial, or local in providing the Services;
b) to comply with the Workplace Safety and Insurance requirements (WSIA)
and Human Rights policies;
c) to obtain and keep current WSIB insurance;
d) to ensure that the persons in their organizations who deal with members of
the public or other third parties on behalf of the Municipality or who
participate in developing the Municipality’s policies, practices and
procedures governing the provision of goods and services to members of
the public or other third parties receive training about the provision of goods
or services to persons with disabilities as required by the Accessibility for
Ontarians with Disabilities Act, 2005, S.O. 2005, c.11, as amended;
e) to supply at its sole cost and expense all staff, equipment, accommodations
and technical assistance necessary to perform the Services and assume all
overhead expenses in connection with the Services, save and except those
specifically specified in this agreement as being at the cost of the
Municipality;
f) to co-operate with the Municipality CAOs, or his or her designate, and to do
all things necessary to enable the Municipality’s CAO to evaluate the
Services as required.
Elgin Representations
25. Elgin hereby represents as follows:
a) that it will employ competent GIS staff to render the Services;
b) that it will assign qualified GIS staff to perform the GIS Service(s) associated
with any particular matter;
Page 7 of 16
c) that it will not render Services that intentionally create a conflict of interest
between Elgin and the Municipality and/or any Third Party or any
combination thereof;
d) that where a conflict of interest is foreseeable in the provision of Services, it
will identify the potential conflict as soon as practicable to the Municipality’s
CAO;
Municipality Covenants
26. The Municipality hereby covenants as follows:
a) that it will communicate with Elgin GIS staff in a timely manner, including
with respect to the initial request for Service(s);
b) to provide Elgin GIS staff with all relevant information and documentation, as
may be requested, and to otherwise provide any assistance requested by
Elgin and its GIS staff;
c) that it warrants that it has the right, ability and licence to provide Elgin with all
data and information that it provides to Elgin for the purpose of this
Agreement;
d) that it warrants that notwithstanding the generality of section 25(c), it is
specifically satisfied that Elgin is a consultant for the purpose of sharing
MPAC data and that in forming this agreement the Municipality is further
satisfied that it meets all criteria required by MPAC to share data with Elgin;
e) that it will provide Elgin with current, relevant data or policies of the
Municipality that are applicable to any Service(s) that are requested;
f) to at all times act honestly, ethically, and with integrity in any and all of its
dealings with Elgin in respect of any Service(s) being delivered;
g) that it acknowledges and agrees that Elgin County does not warrant, and
specifically disclaims, the GIS Services as being fit for any particular purpose
beyond any specific representations that Elgin County may make in
delivering the Services;
h) if required, it will enter into any licence agreement necessary by any third-
party in order for the Municipality to receive GIS Services;
i) that it acknowledges that in requesting the services of Elgin pursuant to this
agreement that Elgin is acting as a service provider to the Municipality and
that such provision of service does not violate any licence agreement that
the Municipality has with any third-party;
Dispute Resolution
27. In the event of a dispute between Elgin and the Municipality relating to any
provision, covenant, commitment and/or obligation contemplated herein, or any
Page 8 of 16
other dispute with regard to the delivery of the Service(s), the parties hereto
agree that the following process shall be used:
a) The party identifying the dispute will provide written notice to the other
party, including sufficient detail for the party receiving the notice to
respond and, where necessary, investigate the issue. Where the
Municipality is providing written notice, it shall be from the
Municipality’s CAO to the Director. Where Elgin is providing written
notice, it shall be from the Director to the Municipality’s CAO.
b) The parties agree to discuss the dispute as between the Director and
the Municipality’s CAO and otherwise reach consensus on a
resolution of the dispute within a period of thirty (30) days, or shorter
period if there is an applicable time sensitivity to the dispute.
c) Should the parties not reach a consensus resolution then the dispute
may be escalated to the Elgin CAO. The parties agree to discuss the
dispute as between Elgin’s CAO and the Municipality’s CAO and
otherwise reach consensus on a resolution of the dispute within a
period of thirty (30) days, or shorter period if there an applicable time
sensitivity to the dispute.
d) Should the parties not reach a consensus resolution, either or both
parties shall be at liberty to assert and/or protect their respective legal
rights and interests in any manner permitted at law.
28. The parties will meet annually to review delivery of the Services and address
any issues that remain outstanding that were not addressed through the formal
dispute resolution process set out immediately above.
Term and Termination
29. The term of this Agreement shall be from the effective date of this Agreement
noted at the top of page one and shall continue until it is terminated pursuant to
the provisions of this Agreement (the “Term”).
30. Either party may, in its sole discretion, terminate this Agreement by providing
the other party with one hundred and eighty (180) days’ written notice of
termination.
31. Elgin may terminate this Agreement immediately, without Notice, on the
occurrence of any of the following:
a) Elgin no longer has qualified or competent staff to perform the
Services;
b) Elgin does not appropriate the required funds to operate the GIS
Services in any budget year;
Page 9 of 16
c) The Municipality materially breaches its obligations pursuant to this
agreement including, but not limited to, failing to pay the required fees
in a timely manner;
d) The Municipality has materially misrepresented or warranted any
thing or covenant at the time this Agreement was formed;
32. Upon termination, the annual fee paid by the Municipality shall be prorated to
actual number of days in the year, to the termination date.
Indemnity
33. Subject to section 34, the Parties hereby agree that they will, from time to time,
and at all times, well and truly save, keep harmless and fully indemnify the
other party (the “Indemnified Party”), its successors and assigns, from and
against all actions, claims and demands whatsoever which may be brought
against or made upon the Indemnified Party and against all loss, liability,
judgments, claims, costs, demands or expenses which the Indemnified Party
may sustain, suffer or be put to:
a) resulting from or arising out of any breach, violation or non-performance of
any covenant, condition, agreement or other obligation in this Agreement
to be fulfilled, kept, observed and performed by the Indemnifying Party;
and
b) resulting or occasioned by any wrongful act, default, omission or
negligence of the Indemnifying Party and those for whom it is in law
responsible, including but not limited to any damage to property and any
injury to any person (including death).
34. The Municipality acknowledges and agrees that it shall release and hold
harmless Elgin from any damages, whether direct, indirect, incidental,
consequential or special, including any costs associated with any claim or
demand, arising out of a cyberattack, ransomware or other malicious attack by
a third-party on Elgin information technology hardware or software including the
GIS System and any licensed or SaaS product utilized by Elgin. In no event
shall Elgin be liable to the Municipality in any manner whatsoever for any
damages arising out of third-party interference with Elgin IT systems, including
the GIS System, unless the third-party is the approved and authorized agent or
contractor of Elgin.
Insurance
35. The Parties shall each maintain a policy of Municipal/Commercial General
Liability insurance that shall:
a) have a limit of liability of not less than Five Million Dollars ($5,000,000)
inclusive for any occurrence;
Page 10 of 16
b) include damage caused by vehicles owned by the Party and used in
conjunction with the work either within or outside the contract limits, and
shall have a limit of liability of not less than $2,000,000 inclusive for any
one occurrence;
Subcontractors
36. Elgin will be solely responsible for the payment of any subcontractors,
consultants, agents or other third-parties employed, engaged or retained by it
for the purpose of assisting it in the discharge of its obligations in providing the
Services under this Agreement. The employment, engagement or retainer of
any subcontractors and/or sub-consultants must have received prior written
approval from the Municipality.
Confidential Information
37. Elgin shall take all reasonable steps to keep all Confidential Information
received from the Municipality confidential and not disclose any such
Confidential Information to Elgin’s Warden, Councillors, administration, staff,
employees, servants, agents, consultants or contractors, other than to its GIS
staff and associated support or supervisory staff.
38. The parties hereby agree and acknowledge that all rights, obligations and
responsibilities set out in this Agreement with regard to confidentiality are
subject to the Municipal Freedom of Information and Protection of Privacy Act,
R.S.O. 1990, c. M 56, as may be amended or replaced (“MFIPPA”).
39. For the purposes of the MFIPPA and any amendments thereto, and except as
expressly provided in this clause, the parties hereby acknowledge and agree
that any GIS records in Elgin’s possession as a result of providing the Services
are within the custody and control of Elgin. Should Elgin receive an access to
information request regarding records that were supplied to Elgin by the
Municipality for the purpose of receiving GIS Services, then Elgin shall notify
the Municipality of the request for access to the information, unless ordered
otherwise by the Information and Privacy Commissioner or other authority of
competent jurisdiction. No confidential information shall be disclosed by Elgin in
any manner whatsoever, save and except as required by law, without the
approval in writing of the Municipality’s CAO, and:
a) Elgin shall hold all confidential information obtained in trust and confidence
for the Municipality and shall not disclose any such confidential information,
by publication or other means, to any person, company or other government
agency unless required by law so ordered by an authority of competent
jurisdiction or unless the information is already public or has been otherwise
disclosed by any party that is not Elgin;
Page 11 of 16
b) any request for approval by Elgin to the Municipality’s CAO to use
confidential information shall specifically state the benefit to the Municipality
of the disclosure of the confidential information;
c) any use of the confidential information shall be limited to the express
purposes as set out in the approval of the Municipality’s CAO; and
d) Elgin shall not, at any time during or after the term of this Agreement, use
any confidential information for the benefit of anyone other than the
Municipality.
No Agency or Employment Relationship
40. The Municipality and Elgin agree that Elgin, its servants, agents and
employees shall under no circumstances be deemed agents or
representatives of the Municipality and except as the Municipality may
specifically authorize in writing, shall have no right to enter into any contracts
or commitments in the name of or on behalf of the Municipality or to bind the
Municipality in any respect whatsoever.
Force Majeure
34. The performance of the respective parties hereto or their respective
obligations hereunder shall be subject to force majeure, including, but not
limited to, insurrections, riots, wars and warlike operations, explosions,
governmental acts, epidemics, strikes, fires, accidents, acts of any public
enemy, or any similar occurrence beyond the reasonable control of the party
affected. Any party temporarily excused from performance hereunder by any
such circumstances shall use its best efforts to avoid, remove or cure such
circumstances and shall resume performance with utmost dispatch when
such circumstances are removed or cured. Any party claiming circumstances
as an excuse for delay in performance shall give prompt notice in writing
thereof to the other party.
Notices
35. Any notification or written communication required by or contemplated under
the terms of this Agreement shall be in writing and sent by electronic mail, in
which case the electronic mail shall be deemed to have been delivered the
day after it is sent to an e-mail address specified below, or Registered Mail,
Return Receipt Requested and which shall be deemed to have been
delivered five business days after the date of mailing. Addresses for such
notices shall be:
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If to the Municipality: Chief Administrative Officer
56169 Heritage Line, Box 160
Straffordville, ON, N0J 1Y0
cao@bayham.on.ca
If to Elgin: Director, Engineering Services
450 Sunset Drive,
St. Thomas, ON, N5R 5V1
engineering@elgin.ca
Miscellaneous
36. The waiver of any provision hereof or the failure of any party hereto to
enforce any right hereunder shall apply to that provision or right only and
shall not be deemed to affect the validity of the remainder hereof.
37. No departure from or waiver of the terms of this Agreement shall be deemed
to authorize any prior or subsequent departure or waiver and neither party
shall not be obligated to continue any departure or waiver or to permit any
subsequent departure or waiver.
38. This Agreement shall be constructed with all changes in number and gender
as may be required by the context. Any titles used within this document are
for reference purposes only and not an aid to interpretation.
39. All obligations herein contained, although not expressed to be covenants,
shall be deemed to be covenants.
40. Whenever a statement or provision in this Agreement is followed by words
denoting inclusion or example and then a list of or reference to specific items,
such list or reference shall not be read so as to limit the generality of that
statement or provision, even if words such as “without limiting the generality
of the foregoing” do not precede such list or reference.
41. The parties agree that all covenants and conditions contained in this
Agreement shall be severable, and that should any covenant or condition in
the Agreement be declared invalid or unenforceable by a court of competent
jurisdiction, the remaining covenants and conditions and the remainder of the
Agreement shall remain valid and not terminate thereby.
42. This Agreement shall be governed by and construed in accordance with the
laws of the Province of Ontario and the federal laws of Canada applicable
therein.
Page 13 of 16
43. This Agreement embodies the entire agreement between the parties with
regard to the provision of the Services and associated deliverables and
supersedes any prior understanding or agreement, collateral, oral or
otherwise with respect to the provision of the deliverables and additional
deliverables, existing between the parties at the date of execution of the
agreement.
44. The parties have entered into this Agreement voluntarily and have had the
opportunity to seek independent professional and legal advice prior to the
execution of this Agreement. Where such advice has not been sought or
received the party is deemed to have intentionally waived such opportunity.
45. This Agreement shall not be assignable by the either party without the prior
written consent of the other party, and such written consent may be refused
at the other party’s sole and absolute discretion.
46. This Agreement may be signed electronically, may be executed in
counterpart, and may be exchanged by scanned or faxed copy. A
combination of counterparts, including counterparts bearing electronic
signatures, shall be deemed to be an original.
47. This Agreement shall enure to the benefit of, and be binding upon, the heirs,
executors, administrators, successors and permitted assigns of the parties
hereto.
IN WITNESS WHEREOF, Elgin and the City have respectively executed and
delivered this Agreement on the date set out above.
Corporation of the County of Elgin
_________________ ____________________________________
Date Ed Ketchabaw, Warden
_________________ ____________________________________
Date Blaine Parkin, Chief Administrative Officer
I/We have the authority to bind the
Corporation.
Page 14 of 16
Corporation of the Municipality of Bayham
_________________ ____________________________________
Date Ed Ketchabaw, Mayor
_________________ ____________________________________
Date Thomas Thayer, Chief Administrative Officer
I/We have authority to bind the Corporation.
Page 15 of 16
SCHEDULE “A”
SERVICES
Provide secure access to the GIS server, Municipal Databases, ArcGIS
Online, Geocortex and Portal.
Act as the administrator of the GIS server, providing permissions/licenses
and access credentials to municipal users.
Ensure data backups are completed and software licenses are renewed.
Maintain and update as required: property parcel fabric, municipal
addressing and road network shapefiles.
Add datasets to the Geocortex internal and external facing websites, as
requested.
Provide training for municipal staff to access and navigate GIS products.
Circulate County-wide GIS data to approved third party agencies (e.g.
MOH, OPP, OMAFRA, Tillsonburg Dispatch);
On-going maintenance of GIS datasets including addresses, highways
and property information;
GIS data creation, maintenance, updating and quality control/quality
assurance;
GIS data entry, attributing, and metadata creation;
* The above Services are provided by Elgin County without the Municipality
incurring the fee(s) set out in Schedule “B”:
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SCHEDULE “B”
FEES
All Fees below are expressed on a per-hour basis, exclusive of HST and any
disbursements, and are applicable to Additional Services:
$75/hr
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. Z781-2024
DAN FROESE FARMS INC.
BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED
WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to
amend Zoning By-law No. Z456-2003, as amended;
THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows:
1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 15 by changing the zoning symbol on a portion of the lands from
‘Agricultural (A1)’ Zone to a ‘Site-Specific Rural Residential (RR-51)’ Zone, which lands
are outlined in heavy solid lines and marked “RR-51” on Schedule “A” Map No. 15 to this
By-law, which schedule is attached to and forms part of this By-law.
2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Section 7.13 Exceptions – Rural Residential (RR) Zone by adding the following clauses:
7.13.51.1 Defined Area
RR-51 as shown on Schedule “A”, Map No. 15 to this By-law.
7.13.51.2 Minimum Lot Area
Notwithstanding subsection 7.3 of this By-law, the Minimum Lot Area shall be
0.38 hectares.
7.13.51.3 Minimum Front Yard Depth
Notwithstanding subsection 7.8 of this By-law, the Minimum Front Yard Depth for
the existing single-detached dwelling erected prior to the date of the passing of
this By-law shall be 3.3 metres.
3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending
Schedule “A” Map No. 15 by changing the zoning symbol on a portion of the lands from
‘Agricultural (A1)’ Zone to the ‘Special Agricultural (A2)’ Zone, which lands are outlined
in heavy solid lines and marked “A2” on Schedule “A” Map No. 15 to this By-law, which
schedule is attached to and forms part of this By-law.
4) THIS By-law comes into force:
a) Where no notice of objection has been filed with the Municipal Clerk within the
time prescribed by the Planning Act and regulations pursuant thereto, upon the
expiration of the prescribed time; or
b) Where notice of objection has been filed with the Municipal Clerk within the time
prescribed by the Planning Act and regulations pursuant thereto, upon the
approval of the Ontario Land Tribunal.
READ A FIRST TIME AND SECOND TIME THIS 16TH DAY OF MAY 2024.
READ A THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF MAY 2024.
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
JOINT CEMETERY BOARD MINUTES
TRACKLESS LOUNGE
56169 Heritage Line, Straffordville, ON
Tuesday, April 30, 2024
7:00 p.m.
PRESENT:
CHAIR: DAN FROESE
COMMITTEE MEMBERS: PERRY GRANT
ROGER JAMES
BONNIE BALL COELHO
RALPH CARTER
ED KETCHABAW (Ex-officio)
STAFF ATTENDANCE:
TREASURER LORNE JAMES
CLERK MEAGAN ELLIOTT
1. CALL TO ORDER
Chair Froese called the meeting to order at 7:00 p.m.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. DELEGATIONS
4. ADOPTION OF MINUTES FROM PREVIOUS MEETING(S)
A. Joint Cemetery Board Meeting held November 7, 2023
Moved by: Committee Member Carter
Seconded by: Committee Member Ball-Coelho
THAT the minutes of the Joint Cemetery Board Meeting held November 7, 2023 be approved as
presented.
CARRIED
5. MATTERS OF BUSINESS
A. Memo JCB-01/24 re Treasurer Report
Moved by: Committee Member Grant
Seconded by: Committee Member Ball-Coelho
THAT Memo JCB-01/24 re Treasurer Report be received for information.
CARRIED
2
B. Memo JCB-02/24 re Recommendations to Council
Moved by: Committee Member Grant
Seconded by: Committee Member Ball-Coelho
THAT Memo JCB-02/24 re Recommendations to Council be received for information.
CARRIED
C. Memo JCB-03/24 re 2024-2026 Grass Cutting Contract
Moved by: Committee Member Carter
Seconded by: Committee Member Ball-Coelho
THAT Memo JCB-03/24 re 2024 – 2026 Grass Cutting Contract be received for information.
CARRIED
D. Memo JCB-04/24 re Death Tax
Moved by: Committee Member Grant
Seconded by: Committee Member Ball-Coelho
THAT Memo JCB-04/24 re Death Tax be received for information;
AND THAT the Joint Cemetery Board recommends to Council to amend the Cemetery Rates
and Fees by-law to include Death Tax administration costs under General Rates and Fees
section of the by-law.
CARRIED
E. Memo JCB-05/24 re Cemetery Members
Moved by: Committee Member Grant
Seconded by: Committee Member James
THAT Memo JCB-05/24 re Cemetery Members be received for information;
AND THAT the recommended changes to the Appointment By-law be presented to Council for
consideration.
CARRIED
6. ADJOURNMENT
Moved by: Committee Member James
Seconded by: Committee Member Grant
THAT the Joint Cemetery Board Meeting be adjourned at 7:50 p.m.
CARRIED
3
CHAIR CLERK
ADVISORY BOARD &
COMMITTEE RESOLUTION
Date: May 16, 2024
To: Mayor & Members of Council
From: Joint Cemetery Board
Subject: Recommendations from April 30, 2024 JCB Meeting
The Joint Cemetery Board respectfully requests the following motion be considered by
the Council of the Municipality of Bayham:
Moved by: Committee Member Grant
Seconded by: Committee Member Ball-Coelho
THAT Memo JCB-04/24 re Death Tax be received for information;
AND THAT the Joint Cemetery Board recommends to Council to amend the Cemetery
Rates and Fees by-law to include Death Tax administration costs under General Rates
and Fees section of the by-law.
Memo JCB-04/24 re Death Tax is attached for information.
MEMO
JOINT CEMETERY BOARD
TO: Joint Cemetery Board Members
FROM: Lorne James, Treasurer
DATE: April 30, 2024
MEMO: JCB-04/24 SUBJECT: DEATH TAX
BACKGROUND
At the request of JCB board member Perry Grant, regarding collection of the Bereavement
Authority of Ontario (BAO) Death Tax fee. The current death tax fee is $30 per interment payable
to BAO. Currently, the cemetery rates and fees by-law does not include a provision or collection
line for the Death Tax administration costs.
DISCUSSION
Staff would recommend that if the JCB would like to add these death tax fee under General
Rates and Fee section of the Cemetery Rates and Fees by-law, an amended by-law would
need to come forward to Council for review. Staff have inquired with the BAO and the BAO
advised that the operator can collect these costs back.
Per BAO:
“Thank you for contacting the BAO with your inquiry on the licensing fee. The changes as of July 1, 2023
are to the amount of the fee and the new preferred name for the fee should operator wish to make the
fee transparent and provide a separate line item to show the fee on their price list and contract. If the
operator doesn’t wish to make the fee transparent, then they have the option to adjust their pricing to
accommodate the increase. Please be aware that an operator cannot retroactively collect these
charges.”
RECOMMENDATION
THAT Memo JCB-04/24 re Death Tax be received for information;
AND THAT Joint Cemetery Board recommends to Council to amend the Cemetery Rates and
Fees by-law to include Death Tax administration costs under General Rates and Fees section of
the by-law.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2024-027
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
COUNCIL MEETING HELD MAY 16, 2024
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 May 16, 2024 is hereby adopted and
confirmed as if all proceedings were expressly embodied in this by-law.
2. THAT the Mayor and Clerk of The Corporation of the Municipality of Bayham are hereby
authorized and directed to do all things necessary to give effect to the action of the
Council including executing all documents and affixing the Corporate Seal.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16th
DAY OF MAY, 2024.
____________________________ _____________________________
MAYOR CLERK