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HomeMy WebLinkAboutMay 01, 2025 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, May 1, 2025 7:00 p.m. The May 1, 2025 Council Meeting will allow for a hybrid meeting function. You may attend in person or virtually through the live-stream on the Municipality of Bayham’s YouTube Channel 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. PRESENTATIONS A. Watson & Associates Economists Ltd. re Municipality of Bayham Development Charges Background Study 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held April 17, 2025 B. Statutory Planning Meeting held April 17, 2025 C. Court of Revision Meeting held April 17, 2025 D. Public Drainage Meeting held April 17, 2025 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 Council Agenda May 1, 2025 2 11.1.2 Requiring Action 11.2 Reports to Council A. Report PS-05/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re Straffordville Community Centre Expansion – Additional Water Supply 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Passing re Zoning By-law Amendment ZBA-09/25 Agoston B. Notice of Application re Proposed Draft Plan of Subdivision, Build Ontario Developments on behalf of 10010410501 Ontario Inc. C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-02/25 Van Ittersum 12.1.2 Requiring Action 12.2 Reports to Council A. Report DS-22/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-07/25 Banman, 55541 Main Street B. Report DS-23/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-08/25 North Urban Homes Inc., 9405 Plank Road C. Report DS-24/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-11/25 Beard, 55197 Green Line 13. FINANCE AND ADMINISTRATION 13.1 Correspondence 13.1.1 Receive for Information A. Various Municipalities re Opposition to Strong Mayor Powers B. Howick Township re Accelerated High Speed Internet Project C. Town of Georgina re Salt Management D. County of Elgin re April 22, 2025 From the Council Chambers 13.1.2 Requiring Action 13.2 Reports to Council A. Report CL-01/25 by Meagan Elliott, Clerk re 2026 Municipal Election Method of Vote B. Report CL-02/25 by Meagan Elliott, Clerk re 2025 Municipal Assistance Requests – First Intake C. Report CL-03/25 by Meagan Elliott, Clerk re Information Technology (IT) Services Council Agenda May 1, 2025 3 D. Report CAO-23/25 by Thomas Thayer, CAO re Additional Transfer Payment Agreement – Fire Protection Grant – Cancer Prevention 14. BY-LAWS A. By-law No. 2025-033 Being a by-law to authorize the execution of a transfer payment agreement between His Majesty the King in right of Ontario and the Corporation of the Municipality of Bayham for the Fire Protection Grant Program B. By-law No. Z804-2025 Being a by-law to amend By-law No. Z456-2003, as amended – North Urban Homes Inc. C. By-law No. Z805-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Banman D. By-law No. Z806-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Beard 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-034 Being a by-law to confirm all actions of Council 18. ADJOURNMENT Council Workshop May 1, 2025 Municipality of Bayham Development Charges Background Study 0 Agenda •Opening Remarks •Study Process and Timelines •Changes to Legislation •Development Charges Overview and Methodology •Exemptions, Policies, and Other Matters •Draft Calculations •Survey •Next Steps 1 Overview of Process –Timelines 2 1 July 2023 to April 2025 Data collection, staff review, D.C. calculations and policy work 3 May 2025 Finalize Calculations and Policies 5 August 2025 Mandatory Public Meeting 6 October 2025 Council Consideration of By-law 2 May 1, 2025 Council Workshop 4 June 2025 Release of Final Background Study Development Charges •To recover the capital costs associated with residential and non- residential growth within a municipality •The capital costs are in addition to what costs would normally be constructed as part of a subdivision (i.e. internal roads, sewers, watermains, roads, sidewalks, streetlights, etc.) •Municipalities are empowered to impose these charges via the Development Charges Act (D.C.A.) 3 4 1.Water 2.Wastewater 3.Storm water drainage 4.Services related to a highway 5.Electrical power services 6.Toronto-York subway extension 7.Transit 8.Waste diversion 9.Policing Services 10.Fire protection 11.Ambulance 12.Library 13.Long-term Care 14.Parks and Recreation 15.Public Health services 16.Housing Services 17.Childcare and early years services 18.Provincial Offences Act 19.Emergency Preparedness 20.Airports (Waterloo Region only) Green highlight denotes that housing services is no longer a D.C. eligible service. This was amended per Bill 23. Growth studies related to an eligible D.C. service can be included. D.C. Eligible Services Services examined in this D.C. Background Study. Bayham currently imposes D.C.’s for Water and Wastewater through by-law 2022- 067 Recent Changes to the D.C. Legislation There were a number of recent changes to the D.C.A. These changes were provided through : •Bill 23: More Homes Built Faster Act, 2022 •Bill 134: Affordable Homes and Good Jobs Act, 2023 •Bill 185: Cutting Red Tape to Build More Homes Act, 2024 5 Bill 23 Revisions to the D.C.A. •Affordable Housing (Owned and Rentals) Exemptions •Attainable Housing Exemptions •Non-Profit Housing Exemptions •Inclusionary Zoning Exemptions •Additional Residential Unit Exemptions •Rental Housing Discount (based on number of bedrooms –15%-25%) •Removal of Housing as an Eligible D.C. Service •Capital Cost Amendments (restrictions to remove studies and land) •Mandatory Phase-In of D.C. (Maximum charge of 80%, 85%, 90%, 95%, 100% for first 5 Years of the by-law) -These rules apply to a D.C. by-law passed on or after January 1, 2022 •Maximum Interest Rate for Installments and D.C. Freeze •D.C. By-law life extended from 5 to 10 years •Other Administrative Changes 6 *Note: Bill 185 removed the mandatory phase-in, and added studies back into the definition of eligible capital costs Further changes to the D.C.A. 7 Bill 134:Affordable Homes and Good Jobs Act, 2023 •Revised definition for affordable unit: Affordable Rental Unit: rent is less than 30% of the 60th percentile of income for rental households or average market rent set out in Bulletin* Affordable Owned Unit: cost is less than 30% of the 60th percentile of income for households in the municipality or 90% of the average purchase price as defined in Bulletin* Bill 185:Cutting Red Tape to Build More Homes Act, 2024 •Removal of mandatory phase-in of charges •Re-inclusion of studies as an eligible capital cost (included in calculated rates) •D.C. rate freeze for zoning by-law amendment applications: reduction from two years to 18 months •Process for minor amendments to D.C. by-laws •Modernizing public notice requirements *Bulletin published annually by Ministry of Municipal Affairs and Housing Relationship Between Needs to Service Growth vs. Funding 8 Service New Growth/Users Development Charges Rates, Taxes, Reserves, etc. Methodology for Calculating a D.C. The following provides the overall methodology to calculating the charge: 1.Identify amount, type and location of growth 2.Identify servicing needs to accommodate growth 3.Identify capital costs to provide services to meet the needs 4.Deduct: i.Grants, subsidies and other contributions ii.Benefit to existing development iii.Amounts in excess of 15-year historical service calculation iv.D.C. Reserve funds (where applicable) 5.Net costs then allocated between residential and non-residential benefit 6.Net costs divided by growth to calculate the D.C.9 Summary of the D.C. Calculations 10 $Cost of Infrastructure Required to Accommodate Growth Residential and Non- residential Growth Development Charge per Unit (for Residential Growth) Development Charge per Sq.ft. or per Sq.m (for Non-residential Growth) Development Charges Maximum Charge Capped by Service Standard Calculation •Service standard measure provides a ceiling on the level of the charge which can be imposed •The D.C.A. requires the calculation to be based on “quantity” and “quality” measures and are averaged over the past 15 years •Note that this measure does not apply to water, wastewater, storm water and Transit (which now has a forward-looking service standard) 11 Capital Costs •Acquire land or interest in land •Improve land •Acquire, lease, construct or improve buildings, facilities and structures (includes furniture and equipment) •Equipment and rolling stock •Capital component of a lease for the above •Circulation materials for Libraries •Studies for above including a D.C. Background Study •Interest on money borrowed to pay for the above 12 *Amended as per Bill 23 –no prescribed services have been announced by the Province Capital Costs (cont’d) •Any planning horizon for future capital needs can be used, except for Transit (which is limited to 10 years) •Capital costs must be reduced by grants, subsidies and other contributions. •May include authorized costs incurred or proposed to be incurred by others on behalf of a municipality/local board •Certain Capital Costs may not be included: •Parkland Acquisition •Vehicle & Equipment with avg. life of <7 yrs. •Computer Equipment that is not integral to the delivery of the service •Studies •Possible removal of land acquisition for services (yet to be defined by the regulations) 13*Amended as per Bill 23 Mandatory Exemptions 14 •Upper/Lower Tier Governments and School Boards; •Industrial building expansions (may expand by 50% with no D.C.); •Development of lands intended for use by a university that receives operating funds from the Government (as per Bill 213); •Discount for Rental units based on bedroom size; •May add up to 2 apartments in an existing or new detached, semi-detached, or rowhouse (including in an ancillary structure); •Add one additional unit or 1% of existing units in an existing rental residential building; •Affordable inclusionary zoning units; •Non-profit Rental Housing; •Affordable units; and •Attainable units.*Amended as per Bill 23 Discretionary Exemptions 15 •Reduce in part or whole D.C. for types of development or classes of development (e.g. industrial or churches) •May phase-in over time •Redevelopment credits to recognize what is being replaced on site (not specific in the Act but provided by case law) Common Discretionary Exemptions for Council’s Consideration: Places of Worship Bona fide farms Industrial Downtown or Infill Brownfield Redevelo- pment Hospitals Changes to the D.C.A. –Affordable/Attainable Definitions *Bulletin published by the Ministry of Municipal Affairs and Housing Bill 134 16 Affordable Amounts (Bayham) Affordable Monthly Rent: Affordable Owned Unit: Bill 134 Definitions Affordable Rental Unit: rent is less than 30% of the 60th percentile of income for rental households or average market rent set out in a new Bulletin* Affordable Owned Unit: cost is less than 30% of the 60th percentile of income for households in the municipality or 90% of the average purchase price as defined in a new Bulletin* Attainable Unit: yet to be defined by legislation Definitions for “affordable” under the D.C.A. were updated by Bill 134, which received Royal Assent on December 4, 2023. As per s 4.1 of the D.C.A. the affordable rental unit and affordable owned unit exemptions are in effect as of June 1, 2024. Bachelor: $1,013 1 Bedroom: $1,097 2 Bedroom: $1,477 3+ Bedroom: $1,665 $355,700 for all Unit types 17 Program facilities, amenities, and furniture within parkland Recreational trails Parkland development at base condition as set out in Local Service Policy (Appendix E) Landscape buffer blocks, features, cul-de-sac islands, berms, grade transition areas, walkway connections to adjacent roads, open space, etc. Natural heritage systems (N.H.S) Arterial roads, sidewalks, streetlights, and associated land and infrastructure Collector roads internal to development, inclusive of all land and associated infrastructure Collector roads external to development, inclusive of all land and associated infrastructure if needed to support or link a specific development (dependent on local circumstances) Parks and Recreation Roads Development Charges Direct Developer Responsibility (i.e. Local Service) •Section 59.1(1) and (2) of the Act “No Additional Levies” -prohibits municipalities from imposing additional payments or requiring construction of a service not authorized under the D.C.A. therefore, need to be clear: •What will be included in the D.C.; and •What will be required by developers as part of their development agreements •Items considered in Local Service Policies may include: •Local, rural, collector & arterial roads, •Intersection improvements & traffic signals, •Streetlights & sidewalks, •Bike Routes/Bike Lanes/Bike Paths/Multi-Use Trails/Naturalized Walkways, •Noise Abatement Measures, •Land dedications/easements, •Water, Wastewater & Stormwater, and •Park requirements. Local roads, sidewalks, streetlights, and associated infrastructure Collector roads, sidewalks, streetlights, and associated infrastructure (dependent on local circumstances) Local Service Policy Growth Forecast Overview 2025 DC Total Population Forecast 18 Source: Historical housing activity derived from building permit data for the Municipality of Bayham, 2015-2024. [1] Growth forecast represents calendar year. 8 23 18 22 19 23 35 32 20 55 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 24 24 0 10 20 30 40 50 60 Housing UnitsYears Historical Low Density Medium Density High Density Historical Average Summary of Draft Growth Forecast 19 10 Year Long Term 2025 to 2034 2025 to 2051 (Net) Population Increase 545 1,338 Residential Unit Increase 252 652 Non-Residential Gross Floor Area Increase (sq.ft.)103,000 258,400 Source: Watson & Associates Economists Ltd. Forecast 2025 Measure Draft Capital Program –by Service Summary 20 Benefit to Existing Development Grants, Subsidies and Other Contributions Attributable to New Development Total Residential Share Non-Residential Share Services Related to a Highway 2025 to 2051 4,725,000 - - 4,725,000 1,426,500 - 3,298,500 2,737,755 560,745 Fire Protection Services 2025 to 2051 3,080,000 - - 3,080,000 1,000,000 - 2,080,000 1,726,400 353,600 Public Works 2025 to 2051 1,330,000 - - 1,330,000 200,000 - 1,130,000 937,900 192,100 Parks and Recreation Services 2025 to 2051 2,260,000 - - 2,260,000 975,800 210,000 1,074,200 1,020,490 53,710 Growth Studies 2025 to 2034 300,000 - - 300,000 100,000 - 200,000 166,000 34,000 Total $11,695,000 $0 $0 $11,695,000 $3,702,300 $210,000 $7,782,700 $6,588,545 $1,194,155 Other Deductions Net Capital Cost Less:Potential D.C. Recoverable Cost Increased Service Needs Attributable to Anticipated Development Forecast Period Gross Capital Cost Estimate (2025$) Post Period Benefit Draft Development Charges 21 NON-RESIDENTIAL Single and Semi- Detached Dwelling Multiples Apartments - 2 Bedrooms + Apartments - Studio and 1 Bedroom Special Care/Special Dwelling Units (per sq.ft. of Gross Floor Area) Municipal Wide Services/Class of Service: Services Related to a Highway 6,125 3,956 3,152 1,854 1,770 2.91 Fire Protection Services 2,876 1,857 1,480 871 831 1.37 Parks and Recreation Services 1,700 1,098 875 515 491 0.21 Growth Studies 710 459 365 215 205 0.33 Total Municipal Wide Services/Class of Services 11,411 7,370 5,872 3,455 3,297 4.82 Service/Class of Service RESIDENTIAL Survey of Comparator Municipalities –Single/Semi-Detached 22 $0.00 $5,000.00 $10,000.00 $15,000.00 $20,000.00 $25,000.00 $30,000.00 $35,000.00 $40,000.00 $ per Single or Semi-Detached DwellingBayham Water / Wastewater Lower Tier Charges *Currently considering D.C.s 1 Does not include D.C.s for water or wastewater Survey of Comparator Municipalities –Commercial (per sq.ft.) 23 $0.00 $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 $18.00 $20.00 $ per sq.ft.Lower Tier Charges *Currently considering D.C.s 1 Does not include D.C.s for water or wastewater Survey of Comparator Municipalities –Industrial (per sq.ft.) 24 $0.00 $2.00 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00 $16.00 $18.00 $20.00 $ per sq.ft.Lower Tier Charges *Currently considering D.C.s 1 Does not include D.C.s for water or wastewater Next Steps 25 ✔July 2023 to April 2025 Data collection, staff review, D.C. calculations and policy work May 2025 Finalize Calculations and Policies August 2025 Mandatory Public Meeting October 2025 Council Consideration of By-law ✔May 1, 2025 Council Workshop June 2025 Release of Final Background Study Questions 26 Questions THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers – HYBRID Thursday, April 17, 2025 7:00 p.m. 7:30 p.m. Statutory Planning Meeting – 3 Applications 8:00 p.m. Court of Revision – Bartley Drain 8:15 p.m. Public Drainage Meeting – County Road 43 Drain The April 17, 2025 Council Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *Arrived at 7:17 pm via Zoom COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF CAPITAL PROJECTS / WATER/WASTEWATER ED ROLOSON MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS FIRE CHIEF HARRY BARANIK CHIEF BUILDING OFFICIAL SCOTT SUTHERLAND 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 pm. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS Councillor Chilcott noted events around Bayham happening over the Easter weekend. Mayor Ketchabaw wished everyone a Happy Easter. 5. PRESENTATIONS Council Minutes April 17, 2025 2 6. DELEGATIONS 7. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held April 3, 2025 B. Statutory Planning Meeting held April 3, 2025 Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the minutes from the Regular Meeting of Council held April 3, 2025 and the minutes from the Statutory Planning Meeting held April 3, 2025 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-04/25 by Ed Roloson, Manager of Capital Projects / Water/Wastewater re 2025 Roads Surface Treatment – Capital – Elgin County RFT 2025-T13 Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report PS-04/25 re 2025 Roads Surface Treatment – Capital – Elgin County RFT 2025- T13 be received for information; AND THAT the Council of The Corporation of the Municipality of Bayham is supportive of proceeding with the bid provided by Duncor Enterprises Inc. for $2,957,369.69 plus HST, of which $95,634.00 plus HST is Bayham’s portion; Council Minutes April 17, 2025 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. CARRIED B. Report FR-03/25 by Harry Baranik, Fire Chief re Request for Proposal (RFP) Award – RFP 25-01 Self Contained Breathing Apparatus Replacement Moved by: Councillor Chilcott Seconded by: Councillor Emerson THAT Report FR-03/25 re Request for Proposal (RFP) Award – RFP 25-01 Self Contained Breathing Apparatus Replacement be received for information; AND THAT the Staff be directed to purchase of the Self Contained Breathing Apparatus from A.J. Stone Company in the amount of $361,845 (+HST); AND THAT $158,213.47 from the Fire Reserve be used to complete the SCBA replacement acquisition through A.J. Stone Company Ltd.; AND THAT the appropriate authorizing by-law be brought forward for Council’s consideration. CARRIED 12. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION 12.1 Correspondence 12.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-07/25 Banman B. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-08/25 North Urban Homes Ltd. C. Notice of Public Meeting re Proposed Zoning By-law Amendment ZBA-11/25 Beard Moved by: Councillor Emerson Seconded by: Councillor Froese THAT items 12.1.1 A – C be received for information. CARRIED 12.1.2 Requiring Action 12.2 Reports to Council A. Report DR-03/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re 2025 1st Quarter Drainage Report Moved by: Councillor Froese Council Minutes April 17, 2025 4 Seconded by: Councillor Emerson THAT Report DR-03/25 re 2025 1st Quarter Drainage Report be received for information. CARRIED B. Report DS-20/25 by Scott Sutherland, Chief Building Official re 2025 1st Quarter Building Report Moved by: Councillor Emerson Seconded by: Councillor Froese THAT Report DS-20/25 re 1st Quarter Building Report be received for information. CARRIED C. Report DS-21/25 by Margaret Underhill, Planning Coordinator/Deputy Clerk re Rezoning Application ZBA-09/25 Agoston, 54239 Eden Line Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report DS-21/25 regarding the Agoston rezoning application ZBA-09/25 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 April 3, 2025 associated with this application, there were no public oral presentations and one agency submission from the Southwestern Public Health 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 lands located in Part Lot 6 Concession 8, municipally identified as 54239 Eden Line, from Hamlet Residential (HR) Zone to Site-specific Hamlet Residential (HR-19) Zone to permit the construction of an detached accessory building on the subject property for storage of personal recreational vehicles and personal belongings requiring relief from the following provisions:  Section 9.5.1 to permit a Maximum Accessory Building Height of 6.7 metres, whereas 4.5 metres is required; and,  Section 9.7 to permit an accumulative Maximum Floor Area for Accessory Buildings of 205 m2, whereas 75.0 m2 is required. AND THAT Zoning By-law No. Z803-2025 be presented to Council for enactment. CARRIED 13. FINANCE AND ADMINISTRATION Council Minutes April 17, 2025 5 13.1 Correspondence 13.1.1 Receive for Information A. City of Peterborough re Use of X B. Prince Edward-Lennox & Addington Social Services re Ontario Works Financial Assistance Rates C. Long Point Region Conservation Authority re March 7, 2025 Meeting Minutes D. Elgin County re April 8, 2025 From the Council Chambers Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT items 13.1.1 A – D be received for information. CARRIED The Council Meeting recessed at 7:29 pm to host a Statutory Planning Meeting. The Council Meeting resumed at 7:53 pm. 13.1.2 Requiring Action 13.2 Reports to Council A. Report TR-11/25 by Lorne James, Treasurer re 2025 Q1 Variance Report Moved by: Deputy Mayor Weisler Seconded by: Councillor Emerson THAT Report TR-11/25 re 2025 Q1 Variance Report be received for information; AND THAT Council directs that the current cash-on-hand remain in the operating account, currently generating 3.29 percent per annum in interest; AND THAT staff report back to Council with an investment update to accompany the Q2 variance report, or sooner if staff believe the circumstances justify earlier consideration. CARRIED The Council Meeting recessed at 7:59 pm to host a Court of Revision Meeting and a Public Drainage Meeting. The Council Meeting resumed at 8:20 pm. B. Report CL-01/25 by Meagan Elliott, Clerk re 2026 Municipal Election Method of Vote Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT Report CL-01/25 re 2026 Municipal Election Method of Vote be received for information; Council Minutes April 17, 2025 6 AND THAT the matter be referred to the next meeting of Council. CARRIED 14. BY-LAWS A. By-law No. 2025-021 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Bartley Drain B. By-law No. 2025-028 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the County Road 43 Drain C. By-law No. 2025-029 Being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Bayham and Duncor Enterprises Inc. for surface treatment applications D. By-law No. 2025-030 Being a by-law to authorize the procurement of self contained breathing apparatus from A.J. Stone Company Ltd. E. By-law No. 2025-031 Being a by-law to amend by-law No. 2024-050 being a by-law to appoint municipal officers and employees for the Municipality of Bayham F. By-law No. Z803-2025 Being a by-law to amend By-law No. Z456-2003, as amended – Agoston Moved by: Councillor Emerson Seconded by: Councillor Froese THAT By-law No. 2025-021 be given a third reading and finally passed; AND THAT By-law No. 2025-028 be given a first and second reading. CARRIED Councillor Emerson requests By-law No. 2025-031 be voted on separately. Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT By-law Nos. 2025-029, 2025-030 and Z803-2025 be read a first, second and third time and finally passed. CARRIED Moved by: Councillor Chilcott Seconded by: Deputy Mayor Weisler THAT By-law No. 2025-031 be read a first, second and third time and finally passed. CARRIED Council Minutes April 17, 2025 7 15. UNFINISHED BUSINESS 16. OTHER BUSINESS 16.1 In Camera 16.2 Out of Camera 17. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-law No. 2025-032 Being a by-law to confirm all actions of Council Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Confirming By-law No. 2025-032 be read a first, second and third time and finally passed. CARRIED 18. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Chilcott THAT the Council meeting be adjourned at 9:01 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, April 17, 2025 7:30 p.m. A. Proposed Zoning By-law Amendment ZBA-07/25 Banman, 55541 Main Street B. Proposed Zoning By-law Amendment ZBA-08/25 North Urban Homes Ltd., 9405 Plank Road C. Proposed Zoning By-law Amendment ZBA-11/25 Beard, 55197 Green Line The April 17, 2025 Statutory Planning Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *via Zoom COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT PLANNING COORDINATOR / DEPUTY CLERK MARGARET UNDERHILL TREASURER LORNE JAMES MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS PUBLIC ATTENDEES A: DAVE ROE JOANNE DAVIES PUBLIC ATTENDEES B: ROSE COWELL PUBLIC ATTENDEES C: N/A APPLICATION A 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:30 pm. 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 2 A. Proposed Zoning By-law Amendment ZBA-07/25 Banman, 55541 Main Street THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-XX)’ Zone to address the deficits of a split Lot created by Deed, and to permit a new detached dwelling; which requires relief from the following provisions: • Section 10.3 to permit a Minimum Lot Area of 809m² for Part 1, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; • Section 10.3 to permit a Minimum Lot Area of 565m² for Part 2, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; and • Section 10.4 to permit a Minimum Lot Frontage of 18.8m for Part 2, whereas 20 metres is required for a partially serviced Lot The subject property is known as 55541 Main Street, south side, south of Heritage Line and west of Plank Road in the village of Straffordville. THE EFFECT of this By-law is to permit the development of a single residential dwelling on a Lot that was created by Deed that does not meet the minimum Lot Area or frontage requirements for the proposed Zone. 5. PUBLIC PARTICIPATION Dave Roe, agent and planner, summarized the application. Roe noted a planning justification report and hydrological review has been completed. Joanne Davies, neighbour, asked how big the building will be and noted concerns on the water system. Roe noted it will be 2 storeys and approximately 2000 square feet and will maintain side and rear yard setbacks. 6. CORRESPONDENCE Public comments received by April 9, 2025: • Ken Smith, letter No further correspondence. 7. OTHER BUSINESS No other business. 8. 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-07/25 is now complete at 7:42 p.m. CARRIED 3 APPLICATION B 9. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:42 pm. 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 12. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT B. Proposed Zoning By-law Amendment ZBA-08/25 North Urban Homes Ltd., 9405 Plank Road THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Central Business District (C1-1)’ Zone to a ‘Site-Specific Urban Industrial (M4-XX)’ Zone to permit the use of the existing building on the subject property for the warehousing and storage of home interior products; which requires relief from the following provisions: • Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply; • Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required; • Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and • Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required. The subject property is known as 9405 Plank Road, south-west corner of the intersection of Plank Road and Third Street, in the village of Straffordville. THE EFFECT of this By-law is to permit a change of use (by change of Zoning) within an existing building that does not meet the frontage, side yard and buffer strip requirements for the proposed Zone. 13. PUBLIC PARTICIPATION Rose Cowell, neighbour, shared concerns for what the proposed zoning change could allow and with the property being for sale unsure which direction it will go with new owners. Planning Coordinator / Deputy Clerk, Margaret Underhill noted further information on this will be in the report to Council. 14. CORRESPONDENCE Public comments received by April 9, 2025: • Michael Szorenyi, email No other correspondence. 4 15. OTHER BUSINESS No other business. 16. ADJOURNMENT Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilcott 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-08/25 is now complete at 7:50 p.m. CARRIED APPLICATION C 17. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:50 pm. 18. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 19. CHAIRMAN’S REMARKS ON THE PURPOSE OF THE MEETING 20. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT C. Proposed Zoning By-law Amendment ZBA-11/25 Beard, 55197 Green Line THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/TX-X)’ Zone to permit a Garden Suite on the subject property for a period of not more than twenty (20) years; which requires relief from the following provisions: • Section 26.4.X to permit a Garden Suite in the form of a one-storey transportable pre- fabricated dwelling unit, for a period not to exceed twenty (20) years. The subject property is known as 55197 Green Line, south side, south of Pressey Road and west of Somers Road. THE EFFECT of this By-law is to permit the placement and servicing of a temporary residential dwelling in the form of a mobile home trailer for a family member to reside on the subject property. 21. PUBLIC PARTICIPATION No public participation. 5 22. CORRESPONDENCE No correspondence. 23. OTHER BUSINESS No other business. 24. 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-11/25 is now complete at 7:52 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers - HYBRID Thursday, April 17, 2025 8:00 p.m. – Bartley Drain The April 17, 2025 Court of Revision was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *via Zoom COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS ENGINEER: JOHN SPRIET PUBLIC ATTENDEES: N/A 1. CALL TO ORDER Mayor Ketchabaw called the Court of Revision meeting to order at 8:00 pm. 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 A. Bartley Drain Notice of Court of Revision 4. STAFF PRESENTATION A. Report DR-04/25 by Steve Adams, Manager of Public Works / Drainage Superintendent re Bartley Drain Reassessment Court of Revision 5. PUBLIC PARTICIPATION No public participation. 6. DISPOSITION Moved by: Councillor Emerson Seconded by: Deputy Mayor Weisler THAT Report DR-04/25 re Bartley Drain Reassessment Court of Revision be received for information; AND THAT the Court of Revision acknowledge that no appeals have been received with respect to the Bartley Drain assessments outlined in Engineer’s Report No. 224135; AND THAT Engineer’s Report No. 224135, dated February 20, 2025, for the Bartley Drain Reassessments be adopted as presented; AND THAT corresponding By-law No. 2025-021 be presented to Council for a third and final reading. CARRIED 7. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Councillor Froese THAT the Court of Revision for the Bartley Drain be adjourned at 8:05 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, April 17, 2025 8:15 p.m. – County Road 43 Drain The April 17, 2025 Drainage Public Meeting was held using hybrid technologies via Zoom and livestreamed on YouTube. PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER *via Zoom COUNCILLORS TIMOTHY EMERSON DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO THOMAS THAYER CLERK MEAGAN ELLIOTT MANAGER OF PUBLIC WORKS / DRAINAGE SUPERINTENDENT STEVE ADAMS ENGINEER: JOHN SPRIET PUBLIC ATTENDEES: N/A 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 8:15 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. PURPOSE OF THE MEETING A. County Road 43 Drain Notice of Public Meeting 4. STAFF PRESENTATION A. Report DR-05/25 by Steve Adams, Manager of Public Works/Drainage Superintendent re County Road 43 Drain – Algar Extension Consideration Report 5. ENGINEERS REMARKS John Spriet summarized the work completed for the re-assessment process. 6. PUBLIC PARTICIPATION No public participation. 7. CORRESPONDENCE No correspondence. 8. DISPOSITION Moved by: Councillor Emerson Seconded by: Councillor Chilcott THAT Report DR-05/25 re County Road 43 Drain - Algar Extension Consideration Report be received for information; AND THAT, in accordance with Sections 44 to 46 of the Drainage Act, the Council of The Corporation of The Municipality of Bayham hereby adopts Spriet Associates Engineer’s Report No. 224307, dated March 28, 2025, referred to as the “County Road 43 Drain - Algar Extension” report; AND THAT Provisional By-law No. 2025-028 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46(2) of the Drainage Act; AND THAT a date of May 15, 2025 at 8:00 p.m. be set for the first sitting of the Court of Revision. CARRIED 9. ADJOURNMENT Moved by: Councillor Emerson Seconded by: Councillor Froese THAT pursuant to the Drainage Act requirements, the Public Meeting is now complete at 8:20 p.m. CARRIED MAYOR CLERK REPORT PHYSICAL SERVICES TO: Mayor & Members of Council FROM: Steve Adams, Manager of Public Works/Drainage Superintendent DATE: May 1, 2025 REPORT: PS-05/25 SUBJECT: STRAFFORDVILLE COMMUNITY CENTRE EXPANSION – ADDITIONAL WATER SUPPLY BACKGROUND Municipal staff have been collaborating with a+LINK Architecture Inc. (a+LINK) and various engineers on the Straffordville Community Centre (SCC) project to ensure the most accurate and current cost estimates for the potential future expansion under the ICIP Community, Culture and Recreation stream. This expansion includes the addition of four (4) washroom faucets and kitchen features such as sinks, a dishwasher, and a rinse station. Municipal engineers have determined that the existing water supply will not be adequate for the proposed expansion and will require additional water sources or a water reservoir to ensure a sufficient water supply for the proposed future development. DISCUSSION To support accurate cost planning for the SCC expansion project, it has been requested of the Municipality to drill a test well. While this well may ultimately serve the expansion, its immediate purpose is to evaluate both the quantity and quality of available water, which are key factors in finalizing project cost estimates. The existing well currently yields 5–7 gallons per minute (GPM). To maintain sufficient water volume and pressure for the existing washrooms, four (4) pressure tanks, each with a capacity of 75–119 gallons, have been installed in the SCC’s basement. However, the water room lacks capacity to accommodate additional water storage or an ultraviolet (UV) filtration system. As a result, engineers are assessing the potential of a new well to meet water quantity and quality requirements and are also considering the installation of a cistern if the new well cannot meet operational standards. A recent inspection revealed significant corrosion at the base of the current well and deterioration of the pump. Based on these findings, staff anticipate the need for a pump replacement within five (5) years and possibly a new casing or replacement well within ten (10) years. The planned expansion will require a minimum flow rate of 25 GPM with the ideal target range being 45–55 GPM to accommodate simultaneous use of all fixtures during peak times. Specifications include the installation of a UV disinfection system to ensure potable water throughout the facility. If a new well is installed to support the expansion, the existing well will be decommissioned. Staff obtained quotes from three contractors for drilling a test well to evaluate water quantity and quality. The two quotes are as follows: David Ross Well Drilling – 5 inch well casing • $8,850 plus HST – up to 50 feet • 8 feet of screen • Extra Depth $80/ft. • Extra Screen $350.00/ft. Hayden Water Wells - 6 5/8 inch well casing • $11,200 plus HST- up to 50 feet. • Extra depth $75/ft. • Includes 12 feet of heavy wall screen • 25-40 gal. /min. should not be a problem with this set up. The Ministry of Environment, Conservation and Parks (MECP) has confirmed that, based on the projected daily water usage, a Permit to Take Water is not required. The estimated maximum flow rate from the well (25–45 GPM) during peak times. Engineers have estimated that the well’s maximum flow rate could exceed 25–45 GPM if all water outlets were used simultaneously, not including the use of any supplemental pressure systems. However, the total daily volume would remain below MECP’s threshold of 50,000 litres per day for requiring a permit. If needed, particularly in response if concerns from neighboring properties, a third-party contractor could conduct an additional Well Yield Test. This would assess the impact on the water table and help establish the maximum allowable daily draw. If needed, a hydrogeological study is estimated to cost between $7,000 and $9,000, depending on the extent of water quality testing. A supplementary Well Yield Test would cost an additional $2,500 to $3,500. Should Council wish to proceed with the expansion, drilling a test well is paramount to evaluate the area for additional capacity and provide data necessary to finalize cost estimates. Without reliable data on site-specific water availability, the system’s design would rely on general estimates, potentially leading to cost overruns or infrastructure shortfalls. The test well would be funded from reserves, as there are no available funds in the current Operating Budget. Staff recommend using the Working Capital Reserve to cover the associated costs. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. RECOMMENDATION 1. THAT Report PS-05/25 re Straffordville Community Centre Expansion - Additional Water Supply be received for information; 2. AND THAT Council approves the quote provided by David Ross Well Drilling in the base amount of $8,850 + HST for installation of a test well at the Straffordville Community Centre; 3. AND THAT Council provide direction regarding a Well Yield Test or hydrogeological study to assess water table impacts; 4. AND THAT the Working Capital Reserve be used to fund this expenditure. Respectfully Submitted by: Reviewed by: Steve Adams Thomas Thayer, CMO, AOMC Manager of Public Works|Drainage Superintendent Chief Administrative Officer ZBA-09/25 PLANNING ACT NOTICE OF THE PASSING OF ZONING BY-LAW Z803-2025 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: ISTVAN AGOSTON LOCATION: 54239 EDEN LINE, NORTH HALL TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By- Law No. Z803-2025 on the 17th day of April 2025 under Section 34 of THE PLANNING ACT. AND TAKE NOTICE that any person or agency as described below may appeal to the Ontario Land Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later than the 12th day of May, 2025 a notice of appeal setting out the objection to the By-law and the reasons in support of the objection. THE PURPOSE of this By-law Amendment is to rezone the subject lands to permit the development of an additional accessory building, in Zoning By-law Z456-2003. The subject property is to be rezoned from ‘‘Hamlet Residential (HR)’ Zone to a ‘Site-Specific Hamlet Residential (HR-19)’ Zone to permit the accessory building; which requires relief from the following provisions: • Section 9.5.1 to permit a Maximum Height of 6.7 metres (21.98 ft.), whereas 4.5 metres (14.8 ft.) is required; and, • Section 9.7 to permit an accumulative Maximum Floor Area for Accessory Buildings of 205.0 m² (2,206.6 ft2), whereas 75.0 m2 (807.3 ft2) is required. The subject property is known 54239 Eden Line, south side, and east of Culloden Road. THE EFFECT of this By-law will to permit a new accessory building for the storage of personal items that exceeds the Maximum Height and accumulative Maximum Floor Area requirements for accessory buildings and structures. ONLY THE APPLICANT, SPECIFIED PERSONS, PUBLIC BODIES, REGISTERED OWNERS OF LAND TO WHICH THIS BY-LAW WOULD APPLY, AND THE MINISTER may appeal a by- law to the Ontario Land Tribunal. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or the group on its behalf. NO SPECIFIED PERSON PUBLIC BODY, OR REGISTERED OWNER OF LAND TO WHICH THIS BY-LAW WOULD APPLY SHALL be added as a party to the hearing of the appeal unless, before the by-law was passed, the specified person, public body, or registered owner of land to which the by-law would apply made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party. The complete By-law is available for inspection by contacting the municipal office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 22ND DAY OF APRIL 2025. Hamlet of North Hall Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca NOTE: For information regarding the fees associated with an appeal to the Ontario Land Tribunal, please see the following link: https://olt.gov.on.ca/appeals-process/fee-chart/ or contact the Municipality. 34T-BA2502 1 NOTICE OF AN APPLICATION CONCERNING A PROPOSED DRAFT PLAN OF SUBDIVISION APPLICATION (APPROVAL AUTHORITY COUNTY OF ELGIN, FILE NUMBER 34T-BA2502), IN THE MUNICIPALITY OF BAYHAM AGENT/APPLICANT: USHDEEP SANDHU C/O BUILD ONTARIO DEVELOPMENTS, ON BEHALF OF OWNER 10010410501 ONTARIO INC. LOCATION: PART LOT 22, CONCESSION 8, RP 11R10855 PART 1, MUNICIPALITY OF BAYHAM; WEST SIDE PLANK ROAD, HAMLET OF EDEN TAKE NOTICE that the Municipality of Bayham has received a request from the County of Elgin (the approval authority for Plan of Subdivision approvals for the Municipality of Bayham) to provide Notice of an Application for Draft Plan of Subdivision Application (File No. 34T-BA2502) under Section 51 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, submitted by Build Ontario Developments on behalf of 1001041051 Ontario Inc. THE PURPOSE OF THIS NOTICE is to inform the public of the nature of the Draft Plan of Subdivision. A public meeting for the draft plan of subdivision is not required. THE PURPOSE AND EFFECT of this Draft Plan of Subdivision will be to divide the Subject Lands into 39 single detached residential lots (Lots 1-39), three internal streets, a stormwater management block (Block 40), an open space block (Block 41), and a walkway block (Block 42) in two phases of development. Easements to provide maintenance access to rear yard drainage structures are also proposed. Proposed Lots 1-6 will front onto and have direct access along Plank Road and are to be developed in the first phase. Proposed Lots 7-39 will front onto new internal streets and cul-de-sacs in the second phase. Access will be provided by Street ‘A’ and Street ‘C’, which will connect Street ‘B’ to Plank Road. The residential lots will be serviced by individual private water wells and by municipal sanitary services, including a new sanitary sewer connection to existing municipal sanitary sewage disposal systems. Stormwater flows will be conveyed to a new dry stormwater management pond. The Subject Property is designated as ‘Hamlets’ in the Municipality of Bayham Official Plan and includes lands designated ‘Hazard Lands’ and ‘Significant Woodlands’. The Subject Property is Zoned ‘Hamlet Residential’ HR(h2) in the Municipality of Bayham Zoning By-law No. Z456-2003. The applicant will be required to apply for and obtain Zoning By-law Amendment approval to remove the Holding Provision (h2) subject to entering into a subdivision agreement between the applicant and the Municipality. The applicant will also be required to apply for and obtain either Minor Variance(s) or a Zoning By-law Amendment for site-specific relief or exceptions. ANY PERSON may attend the (future) public meeting, if any, and/or make a written representation in support of or in opposition to the proposed Draft Plan of Subdivision to the municipal office or the County of Elgin planning office. IF A PERSON OR PUBLIC BODY would otherwise have the ability to appeal the decision of Elgin County but does not make oral submissions at the public meeting, if one is held, or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body is not entitled to appeal the decision of Elgin County to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at the public meeting, if one is held, or make written submissions to Elgin County in respect of the proposed plan of subdivision before the approval authority gives or refuses to give approval to the draft plan of subdivision, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the decision of Elgin County in respect of the proposed plan of subdivision, you must make a written request to the County of Elgin, c/o Diana Morris, Senior Planner, at 519-631-1460 or dmorris@elgin.ca or visit the County website at https://www.elgincounty.ca. The County Office is located at 450 Sunset Drive, St. Thomas, ON, N5R 5V1. FOR ADDITIONAL INFORMATION about this matter, including information about preserving your appeal rights, contact the Municipal Office (contact information below) or Elgin County (contact information above). The following reports are available for inspection at the Municipal office from Monday to Friday, between 8:30 A.M. and 4:30 P.M.: • Planning Justification Report prepared by K. Smart Associates Limited, dated March 11, 2025. • Traffic Impact Assessment prepared by F. R. Berry & Associated, dated May 2021 34T-BA2502 2 • Stage 1&2 Archaeological Assessment prepared by Wood Environmental & Infrastructure Solutions Canada Limited, dated September 14, 2022 • Scoped Environmental Impact Study prepared by Vroom + Associates, dated August 2024 • Hydrogeologic Evaluation prepared by Ian D. Wilson Associates Limited, dated July 5, 2024 • Geotechnical Engineering Report prepared by Englobe Corp., dated December 22, 2022 • Geotechnical Engineering Report (Slope Stability Assessment) prepared by Englobe Corp., dated July 2, 2024 • Functional Servicing and Stormwater Management Report prepared by CJDL Consulting Engineers, dated February 14, 2025 Dated at the Municipality of Bayham this 22nd day of April 2025. Proposed Draft Plan of Subdivision (copy; size reduced from original) Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca ZBA-02/25 NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM APPLICANT: KOERT & MARIA VAN ITTERSUM LOCATION: 12011 ELLIOTT ROAD TAKE NOTICE that the Municipality of Bayham has received a complete application for a proposed Zoning By-law Amendment (ZBA-02/25). AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, May 15th, 2025 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville, to consider a proposed Zoning By-law Amendment under Section 34 of the Planning Act. Public Planning Meetings may be viewed virtually through the live-stream on the Municipality of Bayham’s YouTube Channel THE PURPOSE of this By-law Amendment is to rezone the subject property from ‘Estate Residential (ER)’ Zone to a ‘Site-Specific Estate Residential (ER-XX)’ Zone to permit the construction of a replacement accessory building on the subject property which requires relief from the following provision: • Section 8.10.2 to permit a cumulative Maximum Floor Area for Accessory Buildings of 197 m2, whereas 95.0 m2 is required. The subject property is known as 12011 Elliott Road, west side, and south of Green line. THE EFFECT of this By-law is to permit a new accessory building that exceeds the Maximum Floor Area requirement for accessory buildings and structures for the storage of personal items. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. Written comments submitted on or before 12:00 Noon on Wednesday, May 7, 2025 to munderhill@bayham.on.ca or at the municipal office will be included in the public meeting agenda. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Land Tribunal. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 25th day of April 2025. Margaret Underhill Planning Coordinator/Deputy Clerk Municipality of Bayham 56169 Heritage Line, P.O. Box 160 Straffordville, ON, N0J 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: May 1, 2025 REPORT: DS-22/25 FILE NO. C-07 / D13.BANM Roll # 3401-000-004-29300 SUBJECT: Rezoning Application ZBA-07/25 Banman, H & A 55541 Main Street, Straffordville Draft Zoning By-law No. Z805-2025 BACKGROUND Agent David Roe submitted a zoning amendment application on behalf of owners Henry and Anna Banman to rezone their property at 55541 Main Street, south side, east of Old Chapel Street and west of Plank Road, in the village of Straffordville. The lands are designated as ‘Residential’, on Schedule ‘B’: Straffordville Land Use in the Municipality of Bayham Official Plan. The lands are zoned ‘Village Residential (R1)’ on Schedule ‘F’ – Straffordville in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-23)’ Zone to address the deficits of a split Lot created by Deed, and to permit a new detached dwelling; which requires relief from the following provisions:  Section 10.3 to permit a Minimum Lot Area of 809m² for Part 1of Plan 11R-11288, whereas 900m² metres is required in Straffordville with municipal sanitary servicing;  Section 10.3 to permit a Minimum Lot Area of 565m² for Part 2 of Plan 11R-11288, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; and  Section 10.4 to permit a Minimum Lot Frontage of 18.8m for Part 2 of Plan 11R-11288, whereas 20 metres is required for a partially serviced Lot The effect of this By-law is to permit the development of a single residential dwelling on a Lot that was created by Deed that does not meet the minimum Lot Area or frontage requirements for the proposed Zone. The public meeting was held on April 17, 2025 with two signed in attendees - Joanne Davis and Agent David Roe and one public written submission - Ken Smith. Staff Report DS-22/25 Banman 2 DISCUSSION The planner’s memorandum, dated April 23, 2025, reviews the application and provides that it conforms to the Bayham Official Plan and meets the general intent and purpose of the Zoning Bylaw. The memorandum also addresses the neighbour’s concerns expressed at the public meeting and the written submission. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Village Residential (R1) to Site-specific Village Residential (R1-23) Zone to permit the development of a single residential dwelling on a lot that was created by Deed and present the draft zoning by-law for Council’s consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-07/25 Banman 2. Arcadis Memorandum, dated April 23, 2025 3. Ken Smith correspondence, dated April 7, 2025 4. Draft Zoning By-law No. Z805-2025 RECOMMENDATION THAT Report DS-22/25 regarding the Banman rezoning application ZBA-07/25 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 April 17, 2025 associated with this application, there were two public oral presentations and one public written submission 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 lands located in Part Lot 5 and Lot 6 Plan 205, municipally identified as 55541 Main Street, from Village Residential (R1) Zone to Site-specific Village Residential (R1-23) Zone to permit the development of a single residential dwelling on a lot that was created by Deed that does not meet the minimum Lot Area or frontage requirements for the R1 Zone; AND THAT Zoning By-law No. Z805-2025 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date April 23rd 2025 From Jeff Henry, RPP, MCIP Project No 989 Subject Harry & Anna Banman - Application for Zoning By-law Amendment ZBA-07-25, 55541 Main Street, Straffordville Background 1. We have completed a review of the application for a Zoning By-law Amendment submitted by Harry and Anna Banman, owners of the subject property identified as 55541 Main Street, south side, south of Heritage Line and west of Plank Road in the village of Straffordville. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-23)’ Zone to address the deficits of split Lots created by Deed, and to permit a new detached dwelling; which requires relief from the following provisions: • Section 10.3 to permit a Minimum Lot Area of 809m² for Part 1, whereas 900m² metres is required in Straffordville with municipal sanitary servicing;   • Section 10.3 to permit a Minimum Lot Area of 565m² for Part 2, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; and  • Section 10.4 to permit a Minimum Lot Frontage of 18.8m for Part 2, whereas 20 metres is required for a partially serviced Lot  2. The lands are currently designated as ‘Residential’ in Schedule ‘B’: Straffordville Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Village Residential (R1)’ in Schedule ‘F’ – Straffordville in Zoning By-law No. Z456- 2003. Subject Property and Surrounding Area 3. The subject property was a Lot with an area of approximately 1,375 m2 (0.34 ac.) and estimated lot frontage of 39 m (128 ft). Part 1 and Part 2 (as shown in the Figure 1 below) were created by deed and as such the Consent process was not required. The resulting new Lot, Part 2, has an area of approximately 565 square metres and a frontage of 18.897 metres along Main Street. A new single detached dwelling is proposed to be built on this new Lot. The remaining Lot, Part 1, has an ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 2 area of approximately 810 square metres and a frontage of 20.117 metres onto Main Street. Part 1 contains the existing one and a half storey single detached dwelling and accessory building / detached garage. Figure 1: Excerpt from Plan 11R-11288 prepared by Kim Husted Surveying Ltd. 4. The subject property is currently serviced by a private drilled well and Municipal Sanitary Services, which will remain to service the remaining existing dwelling. It is proposed the new dwelling will be serviced by a separate private drilled well and Municipal Sanitary Services. 5. The subject property is immediately adjacent to existing low-rise residential dwellings to the east and across the street, north along Main Street. To the immediate west is an existing Community Centre with outside amenity space. The subject property is within close proximity to a range of uses along Plank Road, being located in the Settlement Area of the Village of Straffordville. Public Comments 6. A statutory Public Meeting was held on April 17th 2025 during which the applicant’s Agent (David Roe) spoke to the application and to written concerns from a neighbour (Ken Smith), which related to servicing, drainage, property values, privacy, and construction impacts. Further comment was made by another neighbour (Ms. Davies) concerning the size and type of the proposed development ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 3 and how it would affect the supply of water being drawn from a shared water well. Ms Davies seemed satisfied with the confirmation that the proposed dwelling will be a single detached dwelling. 7. Comment: As detailed by David Roe in his address to Council, a Hydrogeological Assessment has been completed as part of this application and concluded that the yield exceeds the maximum demand of a normal four bedroom home. As such, the proposed dwelling will not have an adverse impact on the neighbours sharing the water supply. Further, a lot grading plan was submitted to demonstrate no negative impacts to adjacent properties from construction of the new dwelling. Lot grading will be confirmed by the Municipality as part of a future building permit application. Minimum side yard setbacks are also maintained. Construction of the new dwelling would require a building permit. Municipality of Bayham Official Plan 8. The Bayham Official Plan designates the subject property as ‘Residential’ in Schedule ‘B’: Straffordville Land Use, with Straffordville being designated a ‘Village’. As per Section 4.5.2.1 of the Official Plan, the ‘Residential’ land use designation is primarily for single-detached dwellings. 9. Comment: The proposed single detached dwelling on the newly created Lot is in keeping with the intent of the Official Plan. 10. Section 4.5.2.2 it is stated that residential intensification is supported where lands are underutilized. Such redevelopment or intensification must be capable of being serviced with municipal water and sewer services. 11. Comment: Per Section 5.1.3.1, the Village of Straffordville is on partial services with municipal sewage services and individual on-site water services. The existing single detached dwelling on Part 1 is serviced by a private well and municipal sewer. The proposed dwelling on Part 2 intends to have its own private well and connect to municipal sewers. A Hydrogeological Assessment has been completed by Wilson & Associates and included with the application. The conclusion of the report states overall the groundwater conditions are favourable for domestic water and that the yield exceeds the maximum demand of a normal four bedroom home. The proposed residential intensification is in keeping with the intent of the Official Plan. 12. Section 4.5.2.8 states that new single dwelling units shall be appropriate to and consistent with adjacent and surrounding Lots. That in no case shall lots be created which do not conform to the provisions of the Zoning By-law, unless amended otherwise or a variance granted. 13. Comment: In the immediate surrounding area there are numerous Lots that are similar in size to Parts 1 and 2. This memo further addresses the Zoning By-law ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 4 Amendments that are required to approve the development of a new single detached dwelling on Part 2 below. Based on the analysis provided above, it is our opinion that the proposed Zoning By-law Amendment Application conforms to the Bayham Official Plan. Municipality of Bayham Zoning By-law 14. The subject property is Zoned R1 Village Residential under Schedule F of the Bayham Zoning By-law Z456-2003. 15. Under Section 10.3 a Minimum Lot Area of 900 square metres is required in Straffordville with municipal sanitary servicing;  whereas 809 square metres is proposed for Part 1. 16. Under Section 10.3 a Minimum Lot Area of 900 square metres is required in Straffordville with municipal sanitary servicing; whereas 565 square metres is proposed for Part 2.  17. Comment: The intent of the different minimum lot areas based on servicing is to ensure sufficient land area to provide for such services, while ensuring that lot sizes are similar to and in keeping with surrounding properties. The reduced Lot Area of Part 1 still accommodates the existing dwelling and accessory structure and meets the required side yard setbacks. The Lot Area is approximately 10% less than the requirement and is similar to and in keeping with surrounding properties. The reduced Lot Area of Part 2 arises from the irregular shape of the rear south-east lot boundary, which does not impact the street view or character of the surrounding neighbourhood. The Hydrogeological Assessment has stated that both Part 1 and Part 2 can be serviced by a private wells on each of these Lots. 18. Under Section 10.4 a Minimum Lot Frontage of 20 metres is required for a partially serviced Lot; whereas 18.8 metres for Part 2 is proposed. 19. Comment: The location of the existing dwelling prevented a division of land to maintain minimum lot frontages of both Part 1 and Part 2 while also providing for a reasonable interior side yard of approximately 2 metres. The reduction of 1.2 metres of frontage does not negatively impact the character of the streetscape. 20. Due to the irregular shape of Part 2, the maximum building envelope that results from the required R1 Zoning By-law setbacks is approximately 186 square metres, as shown in Figure 2 below. To build to this size would result in the Lot Coverage being 33%, over the 30% permitted in the R1 Zone. 21. Comment: As stated in the Planning Justification Report prepared by Civic Planning Solutions Inc., the actual building footprint will be reduced to meet the maximum 30% Lot Coverage. No site-specific regulation on lot coverage is proposed. ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 5 Figure 2: Excerpt from a Site Plan prepared by Kim Husted Surveying Ltd. 22. Therefore, it is our opinion that the proposed Zoning By-law Amendments meet the general intent and purpose of the Zoning By-law and will not have adverse impacts to adjacent properties. Conclusion and Recommendations 23. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-23)’ Zone to permit the development of a Single Detached Dwelling on Part 2; and recognize the deficiencies of the existing Lots being Part 1 and Part 2 of Plan 11R-11288, which requires relief from the following provisions: 24. Section 10.3 to permit a Minimum Lot Area of 809m² for Part 1 of Plan 11R-11288, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 6 25. Section 10.3 to permit a Minimum Lot Area of 565m² for Part 2 of Plan 11R-11288, whereas 900m² metres is required in Straffordville with municipal sanitary servicing; and 26. Section 10.4 to permit a Minimum Lot Frontage of 18.8m for Part 2 of Plan 11R- 11288, whereas 20 metres is required for a partially serviced Lot Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z805-2025 BANMAN 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 “F” (Straffordville) by changing the zoning symbol on the lands ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-23)’ Zone which lands are outlined in heavy solid lines and marked “R1-23” on Schedule “F” (Straffordville) 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 23.13.7 Exceptions – Urban Industrial) Zone by adding the following clauses: 10.12.23.1 Defined Area R1-23 as shown on Schedule “F” (Straffordville) to this By-law. 10.12.23.2 Minimum Lot Frontage of Part 2 of Plan 11R-11288 with no Public Water supply: 18.8m, 10.12.23.3 Minimum Lot Area of Part 1 of Plan 11R-11288 809m² with municipal sanitary servicing; and 10.12.23.4 Minimum Lot Area of Part 2 of Plan 11R-11288 565m² with municipal sanitary servicing 3) 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: May 1, 2025 REPORT: DS-23/25 FILE NO. C-07 / D13.NORT Roll # 3401-000-004-35100 SUBJECT: Rezoning Application ZBA-08/25 North Urban Homes Inc. 9405 Plank Road, Straffordville Draft Zoning By-law No. Z804-2025 BACKGROUND Agent Richard Rudlin submitted a zoning amendment application on behalf of owners North Urban Homes Inc. to rezone their property at 9405 Plank Road, south-west corner of the intersection of Plank Road and Third Street in the village of Straffordville. The lands are designated as ‘Commercial’, on Schedule ‘B’: Straffordville Land Use in the Municipality of Bayham Official Plan. The lands are zoned ‘Central Business District (C1-1) on Schedule ‘F’ – Straffordville in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Central Business District (C1-1)’ Zone to a ‘Site-Specific Urban Industrial (M4-7)’ Zone to permit the use of the existing building on the subject property for the warehousing and storage of home interior products, which requires relief from the following provisions:  Section 23.1 to prohibit: o Agricultural Industrial Establishments; o Animal Hospitals; o Commercial Fishing Operations; o Industrial Use, General, except for the warehousing and/or storage of any goods, substance, article, or thing; o Industrial Use, Light; and, o Public Utility Facilities and Services.  Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply;  Staff Report DS-23/25 North Urban Homes 2  Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required;    Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and   Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required.  The effect of this By-law is to permit a change of use (by change of Zoning) within an existing building that does not meet the frontage, side yard and buffer strip requirements for the proposed Zone. The public meeting was held on April 17, 2025 with one signed in attendee – Rose Cowell – and one public written submission – Michael Szorenyi. DISCUSSION The planner’s memorandum, dated April 23, 2025, reviews the application and provides that it conforms to the Bayham Official Plan and meets the general intent and purpose of the Zoning Bylaw. The memorandum also addresses the neighbour’s concerns expressed at the public meeting and the written submission. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Central Business District (C1-1) to Site-specific Urban Industrial (M4-7) Zone to permit the use of the existing building for warehousing and storage of home interior products. Further, given the concerns raised at the public meeting and a subsequent discussion with the applicant’s agent, the by-law includes a list of specific prohibited industrial uses in order to reduce potential negative impacts to the neighbours. The draft zoning by-law is presented for Council’s consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-08/25 North Urban Homes Inc. 2. Arcadis Memorandum, dated April 23, 2025 3. M. Szorenyi email correspondence, dated April 8, 2025 4. Draft Zoning By-law No. Z804-2025 RECOMMENDATION THAT Report DS-23/25 regarding the North Urban Homes Inc. rezoning application ZBA- 08/25 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 April 17, 2025 associated with this application, there was one public oral presentation and one public written submission regarding this matter; AND THAT all considerations were taken into account in Council’s decision passing this resolution; Staff Report DS-23/25 North Urban Homes 3 AND THAT Zoning By-law No. Z456-2003, as amended, be further amended by changing the zoning on lands located in Lot 9 Lots 10-12 Pt Lot 7 Plan 205, municipally identified as 9405 Plank Road, from Central Business District (C1-1) Zone to Site- specific Urban Industrial (M4-7) Zone to permit the use of the existing building for the warehousing and storage of home interior products, which requires exceptions from certain provisions as follows:  Section 23.1 to prohibit: o Agricultural Industrial Establishments; o Animal Hospitals; o Commercial Fishing Operations; o Industrial Use, General, except for the warehousing and/or storage of any goods, substance, article, or thing; o Industrial Use, Light; and, o Public Utility Facilities and Services.  Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply;   Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required;   Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and   Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required.  AND THAT Zoning By-law No. Z804-2025 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date April 23rd, 2025 From Jeff Henry, RPP, MCIP Project No 30260146 - 984 cc Subject Izzat Alsakani - Application for Zoning By-law Amendment ZBA-08/25, 9405 Plank Road, Straffordville Background 1. We have completed a review of the application for a Zoning By-law Amendment submitted by Richard Rudlin on behalf of Izzat Alsakani, owner of the subject property identified as 9405 Plank Road, south-west corner of the intersection of Plank Road and 3rd Street, in the village of Straffordville. The applicant is requesting a Zoning By-law Amendment to rezone the subject property from ‘Central Business District (C1-1)’ Zone to a ‘Site-Specific Uran Industrial (M4-7)’ Zone to permit the use of the existing building on the subject property for the warehousing and storage of home interior products; which requires relief from the following provisions: • Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply;  • Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required;  • Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and  • Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required.  2. The lands are currently designated as ‘Commercial’ in Schedule ‘B’: Straffordville Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Central Business District (C1-1)’ in Schedule ‘F’ – Straffordville in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a lot area of approximately 3,766 m2 (0.9ac), estimated lot frontage of 20.1 m (66 ft) along Plank Road; with flankage onto 3rd Street along the northern side yard and onto Elgin Street along the western rear yard. The subject property consists of an existing building which has previously been extended to a total area of approximately 1,200 square metres. The existing building will remain ARCADIS MEMORANDUM Municipality of Bayham – April 22nd, 2025 2 unaltered as it exists today, serviced by municipal sanitary services and a private dug well. 4. An existing access facing Plank Road is currently used as the main, public / customer access the subject property. There are also three loading bays to the rear of the building, one of which will continue to be used. The owner intends to alter the use inside the existing building. Where the previous use was retail with accessory warehousing; the new owner wishes to utilize the building primarily as warehousing for home interior goods. The new owner has indicated they may provide a small retail use at the front of the building in the future. 5. The subject property is located by a church, Fire Station and existing commercial buildings are located along the north of 3rd Street, with existing single storey dwellings along Elgin Street. Abutting the property to the south, and opposite along Plank Road are existing low-rise residential dwellings. Abutting the property to the rear (and also fronting Plank Road to the south) is an Auto Sales and Service business. Plank Road has a mix of uses, including Straffordville Library, a Convenience Store and residential dwellings. Public Comments 6. A statutory Public Meeting was held on April 17, 2024, at which, a neighbouring property owner (Ms. Cowell) commented her concern with the upkeep of the property and what industrial uses may be permitted. The Planning Coordinator / Deputy Clerk (Margaret Underhill) spoke with the applicant's agent (Richard Rudlin) following the meeting who was supportive should Council decide to prohibit specific industrial uses in order to reduce any negative impacts to the neighbours. 7. Comment: The applicant proposes the primary use of the lands to be the warehousing and storage of home interior goods as the primary use of the lands with the potential for future retail sales as an accessory use. In reviewing the permitted uses under Section 23.1 of the Zoning By-law, it is our opinion that the following should be permitted or prohibited as an additional Site Specific provision as shown in the table below to reflect the applicant’s request and to respond to concerns raised by the public at Council: Use Permitted Prohibited Agricultural Industrial Establishment x Animal Hospital x Commercial Fishing Operation x Industrial uses – general (1) x – warehousing and/or storage only x – all other uses ARCADIS MEMORANDUM Municipality of Bayham – April 22nd, 2025 3 Industrial uses – light (2) x Public Utility Facilities and Services x Office & retail as Accessory uses x One dwelling unit as an accessory use, located within the main building and intended for one caretaker or one person and his/her family employed in the uses permitted in this subsection. x (1) shall mean the use of land, buildings or structures for the purpose of manufacturing, assembling, preparing, inspecting, ornamenting, finishing, treating, altering, repairing, warehousing, storing, or adapting for sale of any goods, substance, article or thing, including the storage of building and construction equipment and materials, but not including any obnoxious industry, mine, pit, quarry or oil well. (2) shall mean the manufacturing assembly or processing of component parts to produce finished products suitable for retail or service trade but does not include food, beverage, tobacco, rubber, leather, textiles and knitting, wood, printing, metal fabricating or similar industries if these operations involve stamping presses, furnaces, machinery, or the emission of any air, noise or water pollution, that can be smelled, heard or otherwise perceived outside of the building used for such purposes. 8. Written comments from another individual were provided at the public meeting (Mr. Szorenyi), who was concerned about parking arrangements given the reduced side yard and given the use could become more intensive in the future as Industrial Use – General was included in the permitted uses. The individual proposed restricting parking on Third Street. 9. Comment: The range of primary uses permitted is proposed to be generally restricted to the proposed and contemplated future uses. The reduced side yard recognizes the location of the existing building and is not a new concern. Parking on a municipal right-of-way is regulated through the Traffic and Parking By-law and is not a Zoning matter. The parking requirements for the new use (warehouse) can be met on site. Municipality of Bayham Official Plan 10. The Bayham Official Plan designates the subject property as ‘Commercial’ in Schedule ‘B’: Land Use. As per Section 3.1.8 of the Official Plan, the ‘Commercial’ land use designation is intended for uses which “rely heavily upon automobile or ARCADIS MEMORANDUM Municipality of Bayham – April 22nd, 2025 4 truck traffic for their economic existence”. In addition, they should provide adequate access and not need additional servicing. 11. Comment: The proposed warehouse use will rely on truck traffic that will utilize the existing loading area to the rear of the building. No additional servicing will be required. Based on the analysis provided above, it is our opinion that the proposed Zoning By- law Amendment Application conforms to the Bayham Official Plan. Municipality of Bayham Zoning By-law 12. The subject property is currently zoned Central Business District, with a Site Specific regulation (C1-1)’ in Schedule ‘F’ Straffordville in Zoning By-law No. Z456-2003. As per Section 17.1 of the Zoning By-law, Permitted uses do not include warehousing. 13. Comment: The proposed warehousing use would not be permitted in the C1 Zone so a Zoning By-Law Amendment is required. A more appropriate zone to permit warehousing would be the Urban Industrial (M4) Zone. Under Section 23.1 Permitted Uses include: Industrial uses, general; Industrial uses, light; Offices and retail stores as accessory uses. Warehousing is permitted under the definition of ‘Industrial Use, general’. It should also be noted that should a retail store be planned in the future as part of this business, then that is also a permitted use under the M4 Zone. There is also an existing M4 Zoned property opposite the subject property on 3rd Street. 14. The Site Specific provision, C1-1 as shown on Schedule “F” to this By-law provides that the minimum side yard width to a residential zone is the existing width of the building whereas 4.5 metres is required in the C1 Zone. At the time of a rear addition to the existing building, a Minor Variance application A-02/03 permitted a minimum northerly side yard of 4.0 metres whereas 6.0 metres was required, which was effective January 28, 2004. 15. Comment: The proposed site-specific regulations carry forward relief from existing deficiencies of the existing building under the new site-specific M4 Zone. Provided the proposed M4-7 Zone is approved, the existing C1-1 Zone can be deleted. 16. The M4 Zone provides for increased minimum lot frontage, lot area, front yard, side yard, and rear yard regulations relative to the existing C1 Zone. The existing building is deficient in lot frontage and side yards. 17. Comment: The increased performance regulations in the M4 Zone recognize that urban manufacturing uses may cause greater impacts than commercial uses. Moreover, existing buildings with commercial uses in settlement areas at the time of the passing of the Zoning By-law often provided smaller frontages and lots while being built closer to or at the street line. Notwithstanding the identified deficiencies to the M4 zoning regulations, the proposed use in an existing building is not ARCADIS MEMORANDUM Municipality of Bayham – April 22nd, 2025 5 anticipated to cause land use compatibility concerns given limited truck traffic and the enclosed nature of the operations. Site-specific regulations are proposed to further constrain the permitted uses to further mitigate concerns regarding land use compatibility. The proposed change in use within an existing building also facilitates continued economic activity in the settlement area. 18. The existing building is also deficient in the required 4.5 metre landscape buffer strip adjacent to residential uses under both the current C1-1 Zone and proposed M4 Zone being only 1.9 metres. 19. Comment: There are no changes proposed to the existing building structure, location, and vegetation. The change in use provides no increased visual impact as the loading area is at the opposite end of the building and not visible from the residential use. It is reasonable to conclude that the intent of the site-specific C1-1 Zone accepting the existing deficient side yard also intended to accept the lack of a buffer strip. This site-specific exception is proposed to be formalized through this application. Conclusion and Recommendations 20. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Central Business District (C1-1)’ Zone to a ‘Site-Specific Urban Industrial (M4-7)’ Zone to permit the use of the existing building on the subject property for the warehousing and storage of home interior products; which requires exceptions from certain provisions as follows: • Section 23.1 to prohibit: o Agricultural Industrial Establishments; o Animal Hospitals; o Commercial Fishing Operations; o Industrial Use, General, except for the warehousing and/or storage of any goods, substance, article, or thing; o Industrial Use, Light; and, o Public Utility Facilities and Services. • Section 23.4 to permit a Minimum Lot Frontage of 20.1m, whereas 25.0m is required with no Public Water supply;  • Section 23.8 to permit a Minimum Side Yard Width of 1.9m abutting residential uses; whereas 7.5m is required;  • Section 23.8 to permit a Minimum Side Yard Width of 1.2m abutting Third Street; whereas 4.5m is required; and  • Section 4.28.4 to permit a Minimum Buffer Strip of 1.9m abutting residential uses; whereas 4.5m is required.  ARCADIS MEMORANDUM Municipality of Bayham – April 22nd, 2025 6 Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z804-2025 NORTH URBAN HOMES 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 “F” (Straffordville) by changing the zoning symbol on the lands Central Business District (C1-1)’ Zone to a ‘Site-Specific Uran Industrial (M4-7)’ Zone, which lands are outlined in heavy solid lines and marked “M4-7” on Schedule “F” (Straffordville) 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 23.13.7 Exceptions – Urban Industrial (M4) Zone by adding the following clauses: 23.13.7.1 Defined Area M4-7 as shown on Schedule “F” (Straffordville) to this By-law. 23.13.7.2 Prohibited Uses Agricultural Industrial Establishments; Animal Hospitals; Commercial Fishing Operations; Industrial Use, General, except for the warehousing and/or storage of any goods, substance, article, or thing; Industrial Use, Light; and, Public Utility Facilities and Services 23.13.7.3 Minimum Lot Frontage with no Public Water supply: 20.1m, 23.13.7.4 Minimum Side Yard Width 1.9m abutting residential uses; 1.2m abutting Third Street; and 23.13.7.5 Notwithstanding Section 4.28.4; Minimum Buffer Strip 1.9m abutting residential uses 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 17.11.1 Exceptions – Central Business District (C1) Zone by striking through the following clauses: 17.11.1.1 Defined Area C1-1 as shown on Schedule “F” to this By-law. 17.11.1.2 Minimum Side Yard Width Where a yard abuts a residential zone: Existing side yard width All other side yards: 6.0 metres 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK REPORT DEVELOPMENT SERVICES TO: Mayor & Members of Council FROM: Margaret Underhill, Planning Coordinator/Deputy Clerk DATE: May 1, 2025 REPORT: DS-24/25 FILE NO. C-07 / D13.BEAR Roll # 3401-000-005-13000 SUBJECT: Rezoning Application ZBA-11/25 Beard 55197 Green Line Draft Zoning By-law No. Z806-2025 BACKGROUND Agent Jeremy Beard submitted a zoning amendment application on behalf of owner Sally Beard to rezone her property at 55197 Green Line, south side, south of Pressey Road and west of Somers Road, south-west of Tillsonburg. The lands are designated as ‘Agricultural’, on Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. The lands are zoned ‘Agricultural (A1)’ on Schedule ‘A’ Maps 1 and 2 in Zoning By-law No. Z456-2003. The purpose of this By-law Amendment is to rezone the subject property from ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/T2-10)’ Zone to permit a Garden Suite on the subject property for a period of not more than ten (10) years, which requires the following provision:  Section 26.4.10 to permit a Garden Suite in the form of a one-storey transportable pre-fabricated dwelling unit, for a period not to exceed ten (10) years.  The effect of this By-law is to permit the placement and servicing of a temporary residential dwelling in the form of a mobile home trailer on the subject property. The public meeting was held on April 17, 2025 with no signed in attendees and no written comments. DISCUSSION The applicant is requesting that Council consider the Garden Suite for the maximum allowable temporary time frame of 20 years per the Planning Act, however, previous municipal approvals have been for maximum of 10 years. The planner’s memorandum, dated April 23, 2025, reviews the application and while it does not conform to the Bayham Official Plan, it does conform to the Temporary Use provisions of the Staff Report DS-24/25 Beard 2 Planning Act specific to Garden Suites and meets the general intent and purpose of the Zoning Bylaw. Staff and planner concur the rezoning application meets the policies and recommend approval to change the zoning on the parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-10) Zone to permit a Garden Suite. The planners are supportive of the 20- year time frame or the 10-year time frame, however, staff and previous approvals suggest the 10-year time frame would be better suited. A Development Agreement is required and will be executed following the approval of the zoning by-law specifying the installation and removal of the Garden Suite, the named occupants and the period of occupancy. The owner can apply for an additional temporary time period should the need for the Garden Suite still be there in ten years. The by-law is presented to Council with the 10-year time frame included for consideration. STRATEGIC PLAN Not applicable. ATTACHMENTS: 1. Rezoning Application ZBA-11/25 Beard 2. Arcadis Memorandum, dated April 23, 2025 3. Draft Zoning By-law No. Z806-2025 RECOMMENDATION THAT Report DS-24/25 regarding the Beard rezoning application ZBA-11/25 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 April 17, 2025 associated with this application, there was were no oral presentation and no public written submission 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 lands located in Lots 9 and 10 Concession 10, municipally identified as 55197 Green Line, from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-10) Zone to permit a Garden Suite in the form of a mobile home on the subject property for a period of up to ten years, provided that the applicant enters into an agreement with the Municipality regarding the establishment, placement and removal of the garden suite and the period of occupancy of the garden suite by any of the persons named in the agreement with terms and conditions under which a temporary dwelling is permitted for no longer than ten years to May 1, 2035. AND THAT Zoning By-law No. Z806-2025 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: Margaret Underhill Thomas Thayer, CMO, AOMC Planning Coordinator/Deputy Clerk Chief Administrative Officer 420 Wes Graham Way, Suite 106 Waterloo, ON, N2L 0J6 www.arcadis.com Memorandum To/Attention Municipality of Bayham Date April 23rd 2025 From Jeff Henry, MCIP, RPP Project No 992 Subject Jeremy Beard - Application for Zoning By-law Amendment ZBA-011-25, 55197 Green line Background 1. We have completed a review of the application for a Zoning By-law Amendment submitted by Jeremy Beard on behalf of Sally Beard, owner of the subject property identified as 55197 Green Line, south side, south of Pressey Road and west of Somers Road; south-west of Tillsonburg. The applicant is requesting a Zoning By- law Amendment to rezone the subject property from ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/T2-10)’ Zone to permit a Garden Suite in the form of a mobile home on the subject property for a period of not more than twenty (20) years; which requires relief from the following provision: • Section 26.4.10 to permit a Garden Suite in the form of a one-storey transportable pre-fabricated dwelling unit, for a period not to exceed twenty (20) years.  2. The lands are currently designated as ‘Agricultural’ in Schedule ‘A1’: Land Use in the Municipality of Bayham Official Plan. The lands are currently zoned ‘Agricultural (A1)’ in Maps 1 and 2 in Zoning By-law No. Z456-2003. Subject Property and Surrounding Area 3. The subject property has a Lot with an area of approximately 28 hectares (70 acres) and estimated lot frontage of 304 m (997 ft) along Green Line. The subject lands comprise mainly of farmed agricultural land; with a single detached dwelling and large accessory shed situated close to the boundary with Green Line, and an agricultural barn behind the shed. One existing access is provided to Green line. 4. The subject property is adjacent to similar agricultural lands with associated farm dwellings and accessory structures. The closest structure being almost 250 metres away. 5. The proposed mobile home is to be located to the south (rear) of the existing dwelling and will be accessed via the existing driveway. The existing septic bed is located east of the dwelling. The proposed septic bed for the mobile home will be located to the east of the mobile home. Public Comments 6. A statutory Public Meeting was held on April 17th, 2025, and no written or verbal feedback from the public was received. 7. Comment: Council did not comment at this meeting; however, previously approved applications of a similar nature have been approved with a maximum period of ten (10) years for the ‘Temporary Zone’ and resulting permit for the mobile home on the ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 2 site, which we understand is the preference of Municipal staff. We would have no objection to a ten-year period being set by Council. Planning Act 8. Section 39.1 of the Planning Act permits zoning by-laws to be passed to authorize the temporary use of land for a garden suite for a period that shall not exceed 20 years from the date of the passing of the by-law and permits Council to require the applicant to enter into an agreement with the Municipality. Comment: The proposed period of 20 years conforms to the Planning Act. An agreement with the Municipality should be required that specifies the installation and removal of the garden suite and the period of occupancy of the garden suite by any of the persons named in the agreement, as provided by Section 39.1(1) of the Planning Act. Municipality of Bayham Official Plan 9. The Official Plan of the Municipality of Bayham Section 8.15 Temporary Use By-laws applies to this proposal. Section 8.15.1.1 provides that Council may pass a Temporary Use By-law pursuant to the Planning Act, specifying that the maximum period of time is three (3) years. Comment: While the proposed period of twenty (20) years does not conform to the Official Plan, it does conform to the Temporary Use provisions of the Planning Act specific to Garden Suites where a period of up to twenty (20) years is permitted. 10. Section 8.15.2.1 provides for specific uses where a temporary use by-law may be adopted with Section 8.15.2.1 c) allowing a land use activity on a specific parcel of land which is appropriate in the short term but is otherwise prohibited in the Zoning By-law. Criteria for Council to evaluate for temporary uses are included in Section 8.15.3.1 and criteria for temporary uses otherwise prohibited in the by-law are included in Section 8.15.3.2. An evaluation of the criteria follows: 11. Section 8.15.3.1 a) That the proposed use is temporary in nature and will not preclude the future development of the site. Comment: The proposed use is to temporarily place a 1-storey prefabricated dwelling on the lands to accommodate the owner’s son. The structure will be removed when no longer required, or the temporary permitted period expires. The dwelling is capable of being transported, therefore, future use of the lands is not impacted. b) That the proposed use is not incompatible with adjacent land uses Comment: The proposed temporary residential use is in addition to the existing residential and agricultural use of the subject lands. The proposed temporary dwelling location and setback is considered adequate as it is approximately 500 m from the road and situated behind the existing dwelling. c) That parking is provided on-site; ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 3 Comment: The mobile home is to be located on an area that previously housed a accessory building (now demolished). There is an existing unpaved track leading to this area from the driveway that will be utilized. d) That the temporary use has adequate servicing that will not create or increase servicing problems on or off the site. Comment: The mobile home will be serviced by a proposed septic bed that will be located on the east of the dwelling. For utility connections, the proposed dwelling will be connected to the property’s existing Hydro and a propane tank will also be located to the west side of the mobile home. Water will be provided by a new private well on site. 12. Section 8.15.3.2 a) Temporary Use By-laws shall only be enacted for uses which will not preclude the future development of any lands for their most appropriate use. Comment: Flexibility for future development is maintained as the dwelling unit can be moved, it will only be permitted for up to a maximum of 20 years and an agreement with the Municipality will need to be entered into in order to agree, among other things, that the dwelling is removed when no longer needed. b) Council shall consult with property owners and any other agencies or individuals who might have knowledge of when conditions might suit the development of the property. Comment: Not applicable as the area is intended to remain agricultural and is outside the settlement area boundary. c) Only uses which will not create land use conflicts or disrupt the use and development of neighbouring properties shall be authorized by Temporary Use By-laws. Comment: Land use conflicts are not anticipated, as there is already a residential use on the subject lands, there is adequate land area for the temporary dwelling, and there are adequate setbacks from the road and nearest residential dwelling over 200 metres away. d) Notwithstanding the above policies, temporary uses that are not otherwise permitted by the Official Plan as permanent uses, may be permitted by Temporary Use Bylaws. Comment: The proposed mobile home / garden suite use is a permitted temporary use by by-law. 13. It is our opinion that the proposed mobile home is consistent with the policy criteria of the Official Plan subject to entering into an agreement with the municipality pertaining to the installation and removal of the garden suite and the period of occupancy of the garden suite by any of the persons named in the agreement, as provided by Section 39.1(1) of the Planning Act. ARCADIS MEMORANDUM Municipality of Bayham – April 23rd 2025 4 Municipality of Bayham Zoning By-law 14. The subject property is Zoned A1 Agricultural on Maps 1 and 2 of the Bayham Zoning By-law Z456-2003. 15. The Zoning By-law of the Municipality of Bayham Section 26 Temporary Uses applies to this application. Section 26.1 Permitted Uses permits a land use which is appropriate in the short-term but is otherwise prohibited. 16. The zoning provisions for the A1 zone apply as Section 26.2 Supplementary Regulations indicates that temporary uses are subject to the main use zoning provisions. Comment: The proposed location of the mobile home is in accordance to the setback requirements for the A1 zone. The parcel is 28 hectares in size and the floor area of the existing dwelling, barn, shed and proposed dwelling unit totals 0.11 ha (12,144 ft²) which represents 0.4% lot coverage, which is below the maximum lot coverage of 20% in the A1 Zone. Therefore, the proposed location conforms to the yard setback and lot coverage regulations of the Zoning By-law. Conclusion and Recommendations 17. Based on our review, Arcadis has no objection to the requested Zoning By-law Amendment Application to rezone the subject property from ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/T2-10)’ Zone to permit a Garden Suite in the form of a mobile home on the subject property for a period of up to twenty (20) years, provided that the applicant enters into an agreement with the Municipality regarding the establishment, placement and removal of the garden suite and the period of occupancy of the garden suite by any of the persons named in the agreement with terms and conditions under which a temporary dwelling is permitted for no longer than twenty (20) years to May 1, 2045. 18. Based on comments from Municipal staff and previous applications approved by Council, Arcadis also has no objection to the period of time being reduced to ten (10) years, with the garden suite to be removed by May 1, 2035. The draft By-law provided for approval contains provisions for a period of ten (10) years. Jeff Henry Arcadis Professional Services (Canada) Inc. Jeff Henry, RPP, MCIP Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z806-2025 BEARD 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 “F” (Straffordville) by changing the zoning symbol on the lands ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/T2-10)’ which lands are outlined in heavy solid lines and marked “A1/T2-10” on Maps “1” and “2” 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 26.4 Defined Areas and End Dates – Temporary (T) Zone by adding the following clauses: 26.4.10 A1/T2-10 as shown on Maps “1” and “2”, for garden suite in the form of a one-storey transportable pre-fabricated dwelling unit, for a period not to exceed ten (10) years, ending May 1, 2035 3) 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK Celebrating 50 years! 1975-2025 April 24, 2025 Hon. Doug Ford Premier of Ontario Via email: Premier@ontario.ca At the April 16, 2025 regular meeting of the Council of the Township of Zorra, the following resolution was passed: WHEREAS the Ontario government has proposed expanding the "strong mayor" powers to 169 additional municipalities under the proposed legislation, which would grant mayors in these municipalities more authority, particularly concerning the control of municipal budgets and planning decisions; AND WHEREAS this proposal has raised significant concerns regarding the centralization of power, erosion of local democracy, reduced accountability, and the potential for the abuse of power; AND WHEREAS the proposed expansion of strong mayor powers undermines the collaborative nature of municipal governance, and diminishes the role of elected municipal councillors in representing the diverse interests of the community; AND WHEREAS concerns have been raised about the negative impacts on public trust, democratic participation, and municipal decision-making processes, if mayors are given the ability to bypass council decisions without adequate consultation or oversight; NOW THEREFORE BE IT RESOLVED THAT the Council of the Township of Zorra opposes the expansion of Strong Mayor Powers; AND THAT the Council formally expresses its opposition to the Ontario government's proposal to expand Strong Mayor Powers to preserve local democracy, transparency, and accountability; AND THAT the Council encourages advocacy for democratic principles and for municipal governance systems that prioritize collaboration, inclusivity, and democratic engagement; FURTHER BE IT RESOLVED THAT a copy of this motion be forwarded to the Ontario Premier, the Minister of Municipal Affairs and Housing, all Ontario municipalities, as well as the Association of Municipalities of Ontario (AMO) for further action. Disposition: Carried Yours truly, Karen Martin Clerk Township of Zorra 25-009 CC: Hon. Rob Flack, Minister of Municipal Affairs and Housing minister.mah@ontario.ca All Ontario Municipalities Association of Municipalities of Ontario (AMO) resolutions@amo.on.ca The Corporation of the Town of Aylmer 46 Talbot Street West, Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446 www.aylmer.ca April 16, 2025 The Honorable Doug Ford Premier of Ontario Legislative Building Queen’s Park Toronto, ON M7A 1A1 premier@ontario.ca Re: Motion regarding Opposition to Expansion of Strong Mayor Powers At their Regular Meeting of Council on April 16, 2025, the Council of the Town of Aylmer endorsed the following resolution: WHEREAS the Ontario government has proposed expanding the "strong mayor" powers to 169 additional municipalities under the proposed legislation, which would grant mayors in these municipalities more authority, particularly concerning the control of municipal budgets and planning decisions; AND WHEREAS this proposal has raised significant concerns regarding the centralization of power, erosion of local democracy, reduced accountability, and the potential for the abuse of power; AND WHEREAS the proposed expansion of strong mayor powers undermines the collaborative nature of municipal governance, and diminishes the role of elected municipal councillors in representing the diverse interests of the community; AND WHEREAS concerns have been raised about the negative impacts on public trust, democratic participation, and municipal decision-making processes, if mayors are given the ability to bypass council decisions without adequate consultation or oversight; NOW THEREFORE BE IT RESOLVED THAT the Council of the Town of Aylmer opposes the expansion of Strong Mayor Powers; AND THAT the Council formally expresses its opposition to the Ontario government's proposal to expand Strong Mayor Powers to preserve local democracy, transparency, and accountability; FURTHER BE IT RESOLVED THAT a copy of this motion be forwarded to the Ontario Premier, the Minister of Municipal Affairs and Housing, all Ontario municipalities, as well as the Association of Municipalities of Ontario (AMO) for further action. The Corporation of the Town of Aylmer 46 Talbot Street West, Aylmer, Ontario N5H 1J7 Office: 519-773-3164 Fax: 519-765-1446 www.aylmer.ca Thank you, Owen Jaggard Director of Legislative Services/Clerk | Town of Aylmer 46 Talbot Street West, Aylmer, ON N5H 1J7 519-773-3164 Ext. 4913 | Fax 519-765-1446 ojaggard@town.aylmer.on.ca | www.aylmer.ca CC: Hon. Rob Flack rob.flack@pc.ola.org Association of Municipalities of Ontario resolutions@amo.on.ca All municipalities Town of Amherstburg OFFICE OF THE MAYOR Michael Prue, Mayor 519-736-0012  271 Sandwich Street South, Amherstburg, Ontario N9A 2A5  mprue@amherstburg.ca April 15, 2025 SENT VIA EMAIL Premier of Ontario Legislative Building Queens Park Toronto, ON, M7A 1A4 VIA EMAIL: premier@ontario.ca Attn: The Honourable Doug Ford, Premier of Ontario Re: Resolution# 20250414-011 - Opposition to Strong Mayor Designation for the Town of Amherstburg At its regular meeting on April 14, 2025, Amherstburg Town Council passed Resolution 20250414-011 in response to the Province’s recent proposal to designate Amherstburg as a “Strong Mayor” municipality, effective May 1, 2025. WHEREAS the Province of Ontario has proposed to designate the Town of Amherstburg as a "Strong Mayor" community, granting enhanced powers to the Mayor effective May 1, 2025; and, WHEREAS the Strong Mayor powers significantly alter the balance of governance at the municipal level, undermining the role of Council in decision-making and weakening the fundamental democratic principle of majority rule; and, WHEREAS the Town of Amherstburg has a long history of collaborative, transparent, and accountable local governance built upon a foundation of Council-debate and shared decision-making; and, WHEREAS many municipally elected officials across the province and members of the public have expressed significant concern regarding the imposition of these powers; and, WHEREAS the Town of Amherstburg did not formally request or express a desire to be designated under the Strong Mayor framework; and, WHEREAS a growing number of municipalities and elected officials across Ontario are questioning the appropriateness of the Strong Mayor system and are calling for its reconsideration or repeal; THEREFORE BE IT RESOLVED that Amherstburg Town Council formally request that the Premier of Ontario and the Minister of Municipal Affairs and Housing immediately remove the Town of Amherstburg from the list of municipalities designated under the Strong Mayor legislation; AND BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Premier of Ontario, the Minister of Municipal Affairs and Housing, all regional Members of Provincial Town of Amherstburg OFFICE OF THE MAYOR Michael Prue, Mayor 519-736-0012  271 Sandwich Street South, Amherstburg, Ontario N9A 2A5  mprue@amherstburg.ca Parliament, all Ontario municipalities, and the Association of Municipalities of Ontario (AMO) for their awareness and support. We thank you for your attention to this matter and urge you to respect the democratic wishes of our Council and community. Sincerely, Michael Prue, Mayor Town of Amherstburg Cc: The Honourable Paul Calandra (Minister of Municipal Affairs and Housing) Regional Members of Provincial Parliament All Ontario Municipalities The Association of Municipalities of Ontario (AMO) YES: 5 NO: 2 ABSTAIN: 0 TOWNSHIP OF RIDEAU LAKES Special Council Meeting RESOLUTION 104-2025 Title:MSC (PW) Rec #78-2025 re: Strong Mayor Powers (for Council approval) Date:Wednesday, April 16, 2025 Moved by Councillor Dunfield Seconded by Deputy Mayor P. Banks WHEREAS at the Municipal Services Committee meeting held April 14, 2025, Recommendation #78-2025 was passed related to the recent announcement from the Government of Ontario on Strong Mayor Powers to an additional 169 municipalities effective May 1, 2025; AND WHEREAS said recommendation further requested that the Province remove Rideau Lakes from the Strong Mayor Powers Legislation; NOW THEREFORE be it resolved that the Council of The Corporation of the Township of Rideau Lakes concurs with MSC Recommendation #78-2025. YES: 5 NO: 2 ABSTAIN: 0 CONFLICT: 0 ABSENT: 1 Carried Deputy Mayor P. Banks Councillor J. Banks Councillor Carr Councillor Dunfield Councillor Hutchings Councillor Maxwell Councillor Pollard CONFLICT: 0 ABSENT: 1 Mayor Hoogenboom ______________________________________ Paula Banks, Deputy Mayor TOWNSHIP OF RIDEAU LAKES Municipal Services Committee (PW) RECOMMENDATION: 78-2025 Title: Ontario Proposing to Expand Strong Mayor Powers to 169 Additional Municipalities Date: Monday, April 14, 2025 Moved by Councillor Dunfield Seconded by Deputy Mayor P. Banks WHEREAS the Government of Ontario has announced an expansion of strong mayor powers to an additional 169 municipalities, effective May 1, 2025; AND WHEREAS these powers allow mayors to unilaterally override council decisions, appoint senior municipal staff, and set budgets without majority council approval, undermining the principles of democratic governance; AND WHEREAS municipal governance functions best through a collaborative decision-making process where elected councils, representing the collective voice of their communities, work alongside experienced municipal staff; AND WHEREAS there is no evidence to suggest that strong mayor powers have increased housing starts, contrary to the provincial government’s stated justification for their implementation; AND WHEREAS the Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO) has raised concerns that strong mayor powers blur the lines between political leadership and administrative expertise, threatening the neutrality of municipal public service; AND WHEREAS the City of Orillia recently experienced a situation where its mayor unilaterally overturned a council decision regarding the hiring of a Chief Administrative Officer, demonstrating the potential for these powers to be misused; AND WHEREAS the Township of Rideau Lakes has also experienced governance challenges resulting from mayoral overreach, further highlighting the risks posed by concentrating authority in a single elected official; AND WHEREAS democratic principles require that municipal governance remain a system of "one person, one vote" rather than granting disproportionate power to a single individual; NOW THEREFORE be it resolved that the Council of the Township of Rideau Lakes: 1. Strongly opposes the expansion of strong mayor powers to additional municipalities, including Rideau Lakes; 2. Calls on the Government of Ontario to reverse this decision and uphold the traditional balance of municipal governance; and 3. Directs the Clerk to send a copy of this resolution to: • The Honourable Rob Flack Minister of Municipal Affairs and Housing • MPP Steve Clark • The Honourable Premier of Ontario Doug Ford • The Association of Municipalities of Ontario (AMO) • The Association of Municipal Managers, Clerks, and Treasurers of Ontario (AMCTO) • All Ontario municipalities for their consideration and support. AND FURTHER that the Province be requested to remove Rideau Lakes from the Strong Mayor Powers Legislation. YES: 5 NO: 3 ABSTAIN: 0 ABSENT: 0 Carried YES: 5 Councillor J. Banks Councillor Carr Councillor Dunfield Councillor Hutchings Deputy Mayor P. Banks NO: 3 Mayor Hoogenboom Councillor Maxwell Councillor Pollard Town of Saugeen Shores 600 Tomlinson Drive, P.O. Box 820 Port Elgin, ON N0H 2C0 T 519.832.2008 F 519.832.2140 saugeenshores.ca @SaugeenShoresON April 14, 2025 Honourable Rob Flack Ministry of Municipal Affairs and Housing 17th Floor, 777 Bay St. Toronto, ON M7A 2J3 rob.flack@pc.ola.org Dear Minister, RE: Opposition to Proposed Amendments to O.Reg. 530/22 to Expand Strong Mayor Powers I am writing to express my opposition to the government’s proposed expansion of Strong Mayor powers to include the Town of Saugeen Shores. As the Mayor of Saugeen Shores, I am concerned about the implications of this policy change on our local governance. Please consider this letter as the Town of Saugeen Shores submission on O.Reg. 530/22 which is available for comment until April 16th. In my experience, the ‘Council Manager’ system of governance has always served our municipality well. Specifically, when it comes to advancing our shared priority of building more housing to serve our residents, Saugeen Shores Council has demonstrated flexible and determined leadership. Our Council has enabled housing by reducing red tape resulting in the construction of more than 600 multi-family residential units in the last two years alone. Given the strong and sustained commitment of our Council to these efforts, I do not see how the introduction of Strong Mayor powers will accelerate the construction of housing (or the pursuit of other priority areas) in any way. On the contrary, vesting these new powers in the Mayor threatens to disrupt long-established and effective processes, sidelining elected members of Council with effects that may be contrary to the interests of our residents. Saugeen Shores has thrived for decades on the principle of shared leadership. We have an effective team of elected representatives working in partnership with a professional staff to achieve goals that are transparently set out in our Strategic Plan and annual Business Plans. This approach to governance is foundational to building trust between the municipality and the residents that it serves. I fear that the unilateral decision-making enabled by Strong Mayor powers would erode this trust and disrupt the collaborative environment that has long been at the heart of the democratic tradition of our Council and community. I urge you to reconsider the expansion of Strong Mayor powers. If the government has a strong desire to advance these major changes to the governance of our municipality, I request that you engage in a thorough consultation process with our Council and the residents of our community before moving forward. It is crucial that any changes to local governance structures be made in close partnership with the communities they impact. Thank you for your attention to this matter. I look forward to your response and hope that we can work together in the interest of ensuring strong local governance in Saugeen Shores. Sincerely, Luke Charbonneau, Mayor Town of Saugeen Shores cc. Doug Ford, Premier of Ontario Lisa Thompson, MPP, Minister of Rural Affairs Council, Town of Saugeen Shores All Ontario Municipalities Executive Services 99-A Advance Avenue, Napanee, ON K7R 3Y5 www.greaternapanee.com April 23, 2025 Township of Rideau Lakes 1439 County Road 8 Delta, ON K0E 1G0 Sent via email: mtruelove@rideaulakes.ca Re: Strong Mayor Powers To Whom It May Concern, Please be advised that the Council of the Town of Greater Napanee passed a resolution at its regular session meeting of April 22, 2025 in support of your correspondence regarding Strong Mayor Powers Legislation. A copy of the resolution is enclosed for your reference. Please do not hesitate to contact me at jwalters@greaternapanee.com if you require any further information with respect to this resolution. Sincerely, Jessica Walters Clerk cc: Honourable Premier Doug Ford Honourable Ric Bresee, MPP Hastings-Lennox and Addington Honourable Rob Flack, Minister of Municipal Affairs and Housing AMO AMCTO All Ontario municipalities RESOLUTION #194/25 Pinnell Jr., Norrie That the Town of Greater Napanee sends a letter of support to the Township of Rideau Lakes in regard to their opposition of Ontario Expanding Strong Mayor Powers to 169 Additional Municipalities, and that the Town of Greater Napanee also request to be excluded from the Strong Mayor Powers; And that a copy of the letter of support be sent to the Honorable Premier Doug Ford, the Honorable MPP Ric Bresee; the Honorable Rob Flack, Minister of Municipal Affairs and Housing; the Association of Municipalities of Ontario; the Association of Municipal Managers, Clerks and Treasurers of Ontario, and all other municipalities in Ontario for their consideration and support. For: 5 Opposed: 2 Abstained:0 Absent: 0 CARRIED. For: Councillor Schenk, Councillor Hicks, Councillor Pinnell Jr., Councillor Norrie, Councillor Martin Opposed: Mayor Richardson, Deputy Mayor Calver 44816 HARRISTON ROAD, RR 1, GORRIE, ON N0G 1X0 TEL: 519-335-3208 EXT 2 www.howick.ca April 11, 2025 The Honourable Kinga Surma Minister of Infrastructure Room 5E200, 5th Floor 777 Bay Street Toronto, ON M7A 2J3 Email: kinga.surma@pc.ola.org The Honourable Lisa M. Thompson Minister of Rural Affairs, Huron-Bruce MPP 408 Queen Street P.O. Box 426 Blyth, ON N0M 1H0 Email: lisa.thompson@pc.ola.org The Honourable Rob Flack Minister of Municipal Affairs and Housing 17th Floor 777 Bay Street Toronto, ON M7A 2J3 Email: rob.flack@pc.ola.org The Honourable Doug Ford Premier of Ontario Legislative Building Queen’s Park Toronto, ON M7A 1A1 Email: premier@ontario.ca Sent Via Email Dear Hon. Premier and Ministers: Re. Installation of New Utility Poles in Howick Township through the Accelerated High Speed Internet Project (AHSIP) It is with great concern that we provide a connectivity update from the perspective of the Township of Howick. The Township applauds the provincial government for its $4 billion investment to provide high-speed internet access in every region of Ontario and is appreciative of the Ministry of Infrastructure’s leadership with the Accelerated High Speed Internet Program (AHSIP). Cc: (via email) Association of Municipalities of Ontario All Ontario municipalities Huron County Federation of Agriculture Improved connectivity to Ontario’s unserved and underserved areas creates immense economic development opportunities and begins to address some of the challenges experienced by rural and remote communities. These communities continue to experience profound inequities in the areas of education, business and interpersonal relationships due to the lack of adequate communications infrastructure. The buildout of new broadband infrastructure starts the work towards resolving this inequity. The Township of Howick is a small, rural municipality with a rich and proud history in agriculture. Through AHSIP, Xplore Inc. has obtained $1.6 billion of private investment and government funding for fibre network expansion in several underserved, rural Ontario communities, including Howick Township. While Howick Township is supportive of all rural residents receiving access to reliable high-speed internet, there are ongoing concerns from Council and residents over the installation of dozens of new utility poles within the municipal right-of-way across Howick’s countryside instead of utilizing Hydro One’s existing utility poles or underground direct bury or drilling methods. In response to our inquiries, representatives from Xplore Inc. have explained to township council and staff that these new utility poles have been installed by their subcontractor because of “significant delays in Hydro One’s permitting process to add broadband infrastructure to their existing utility poles and because it is the most cost-effective installation method.” The Ministry of Infrastructure outlines very thorough processes, procedures and timelines for Attaching to LDC-Owned Poles in the Building Broadband Faster in Ontario guidelines released November 30, 2021. Section 2.2 of the guideline outlines the Broadband One Window (BOW) authorization process for LDC owned pole attachments, including the engineering design requirements as well as the applicable standards to which stakeholders are expected to adhere to. This process includes field inspection/survey of the poles, pole loading structural analysis and determination of what telecom and power make-ready work, if any, needs to be completed for safe attachment. Nowhere in the guidelines does the Ministry of Infrastructure outline a process for installing new utility poles instead of attaching to existing LDC owned poles. This leave us in Howick Township with several questions: What guidelines are being followed if this ISP is completely bypassing the LDC in favor of erecting new utility poles? Is the Ministry of Infrastructure responsible for making sure these guidelines and processes are being followed? If Xplore Inc. has admitted to avoiding the permitting process of using the LDC’s (Hydro One) existing utility poles, who owns these new utility poles that have been installed? Who is responsible for their maintenance and eventual replacement? Who is going to maintain the brush and shrubbery that surround many of these new poles in the municipal right-of-way? It is Howick Township’s opinion that the AHSIP program lacks oversight and compliance measures over the work being completed by the Internet Service Providers and their sub-contractors. Along with this, the Building Broadband Faster Act, 2021, S.O. 2021, c.2, Cc: (via email) Association of Municipalities of Ontario All Ontario municipalities Huron County Federation of Agriculture Sched. 1 has stripped Howick Township’s right to question the installation of dozens of new utility poles without incurring financial penalties for causing delays to the project. We have included photos (see Appendix A) of the substandard installation of new utility poles across Howick Township under AHSIP that occurred throughout this past winter. As you can see, many poles were installed incorrectly, quickly and during all weather conditions. This required the sub-contractors to return several times to fix deficiencies. This doesn’t seem like the most cost-effective installation method. Other photos show examples of the number of new poles installed in areas of Howick Township. With our primarily agriculture-based background and economy, many Howick Township landowners are quite upset with the amount of new utility poles that have been installed. Farm equipment continues to get larger in size as farming techniques modernize, and these new 30ft utility poles limit access to fields with overhead infrastructure installed along the municipal right-of-way. Through our research into this matter, we have not found examples of so many new utility poles being installed elsewhere across the province to facilitate the installation of fibre optic high-speed internet infrastructure. New pole installations are only referenced in the program guidelines regarding LDC-owned poles requiring replacement prior to installing the broadband infrastructure. Can you explain why so many new utility poles are being installed in Howick Township directly by the ISP instead of utilizing existing utility poles owned by Hydro One as outlined in your program guidelines? Municipalities were not informed that dozens of new utility poles would be installed through AHSIP. Howick Township is requesting to have these new utility poles removed in favour of utilizing existing LDC owned poles or direct bury or plowing methods of installation. We encourage any other Ontario municipalities who are experiencing similar new utility pole installations through the Accelerated High Speed Internet Program to reach out to Howick Township directly, and to join Howick Township by reaching out to the above listed ministries with your concerns. Thank you for your consideration on this matter. Please do not hesitate to contact us if you have any questions. Yours sincerely, Caitlin Gillis Doug Harding Chief Administrative Officer Reeve Township of Howick Township of Howick clerk@howick.ca dharding@howick.ca Appendix A - New Utility Poles in Howick Township FROM THE C O U N C I L C H A M B E R S APRIL 22, 2025 Protecting Our Roots: 2024 Elgin County Tree & Weed Report Where Rural Charm Meets Digital Ease: County Launches New Tourism Website Protecting Our Roots: 2024 Elgin County Tree & Weed Report Jeff Lawrence, Elgin County’s Tree Commissioner and Weed Inspector, presented his 2024 year-end report to Council, highlighting key achievements in forest conservation and weed control. Jeff is responsible for administering the County’s Woodlands Conservation By-law, which protects local forests by regulating tree removal methods such as cutting, burning, and bulldozing in woodlots larger than half an acre. During his presentation, he notes that in 2024 harvest applications increased from 61 to 81, covering approximately 1,885 acres and yielding 2.24 million board feet of wood. Two clearing applications were approved under the No-Net-Loss Policy, while weed complaints remained steady at six, and no Weed Destruction Orders were issued. Impact on Elgin County Taxpayers: The County’s continued administration of the Woodlands Conservation By-law and weed control measures reflects a strong commitment to environmental stewardship and sustainable land management. These efforts help protect natural assets and support responsible forestry practices — all while being delivered within existing resources and budget. Where Rural Charm Meets Digital Ease: County Launches New Tourism Website Elgin County officially launched its new tourism website, www.elgintourism.ca, on March 27, 2025, completing the County’s website modernization project. Led by the Economic Development and Tourism team, the site was built in collaboration with Sandbox Software Solutions, County IT staff, and adHOME for design. The website now runs on WordPress for better security and usability. It features a refreshed design with soft colors, natural imagery, and improved navigation. Users can easily browse local events, businesses, and attractions, and access digital versions of the Visitor Guide and Taste Guide directly from the homepage. With the launch complete, the focus now shifts to promoting the new site through a local marketing campaign targeting nearby regions. Impact on Elgin County Taxpayers: Funded in part by a $50,000 Rural Economic Development (RED) grant, the project stayed within the approved budget, while promoting local tourism and suppor ting businesses across Elgin County. FROM THE C O U N C I L C H A M B E R S APRIL 22, 2025 Value for Services: Elgin County Proposes 2025 Fee Changes Investing in Community Roots: Grant Consideration for Wallacetown Fairgrounds Wheels in Motion: Elgin County Council to Seek Public Input on Cycling Plan Each year, Elgin County staff review the fees and charges for County services to ensure they reflect the actual cost of delivering those services. Key proposed changes include a small increase in the fee for document commissioning (from $20 to $25), and adjustments to library and museum charges. Notably, new fees are being suggested for the library’s Healthy Brain Kits, a special resource developed in partnership with the Alzheimer Society. Museum programming fees have also increased, reflecting the real cost of delivering in-school and on-site tours. Planning fees were updated in late 2024 and will be being consolidated into the 2025 By-law, while tourism- related fees will be eliminated entirely. Impact on Elgin County Taxpayer: These fee updates are based on a cost recovery model, helping cover the actual expenses of services, while minimizing the burden on taxpayers. The proposed changes ensure financial sustainability and responsible management of County services. A final decision on this matter will be made at the May 13 Council Meeting.th Value for Services: Elgin County Proposes 2025 Fee Changes Investing in Community Roots: Grant Consideration for Wallacetown Fairgrounds Elgin County’s new Grant and Sponsorship Policy, approved in late 2024, offers a fair framework for supporting local organizations and community initiatives. Funding is available in two streams: Sponsorships for community programs and Grants for capital projects that align with the Strategic Plan. The Wallacetown Agricultural Society has applied for a Capital Project Grant to fund their office building project at the Wallacetown Fairgrounds. In principle, Elgin County’s Committee of the Whole has awarded $5,727.79, which will contribute to the costs of a new prefabricated office building, set to be completed before the 2025 fair. This grant represents 10% of the total project cost. Impact on Elgin County Taxpayer: The grant would come from the County’s 2025 Capital Grant Program, as approved in the 2025 Business Plan & Budget process. The Wallacetown Fair supports local tourism and economic growth, aligning with the County’s strategic priorities. A final decision will be made at the May 13th Council Meeting. Wheels in Motion: Elgin County Council to Seek Public Input on Cycling Plan Elgin County’s draft Cycling Master Plan (CMP) aims to establish a regional cycling network through a “Commuter/Spine Cycling Network,” linking communities with safe, long-distance routes. The plan proposes a “Priority Plan” of 180 km of cycling lanes, with 131 km as new paved shoulders along County roads, supporting tourism and active lifestyles. After a lengthy discussion, County Council decided to engage the public before finalizing the CMP. A Public Information Centre will be held in the near future to gather feedback and ensure alignment with local priorities. If approved, the CMP will guide future investments integrated with scheduled road projects. Impact on Elgin County Taxpayer: The Priority Plan is estimated to cost $800,000 annually, covering capital replacement and operating expenses. Future implementations would align with existing roadwork to optimize efficiency and minimize costs. A final decision is pending on public input and Council review. MAY 13, 2025 9:00 AM NEXT COUNCIL MEETING Stay Connected With Us: ElginCounty.ca @ElginCounty @ElginCountyTourism @ElginCounty @ElginCounty DIRECTLY FOLLOWING COUNCIL N E X T C O M M I T T E E O F T H E W H O L E M E E T I N G MAY 13, 2025 REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: April 17, 2025 REPORT: CL-01/25 SUBJECT: 2026 MUNICIPAL ELECTION METHOD OF VOTE BACKGROUND In accordance with the Municipal Elections Act (MEA), municipal elections are to be held every four years and voting day is to be held on the fourth Monday in October. The next municipal election is to be held on Monday, October 26, 2026. Pursuant to the MEA, the municipal Clerk is responsible for conducting the municipal election and establishing all procedures, forms and providing for any matters necessary for conducting the election. However, there are certain matters related to the election that do require Council consideration and direction. Section 42(1) of the MEA states that the Council of a local municipality may pass by-laws: (a) authorizing the use of voting and vote-counting equipment such as voting machines, voting recorders or optical scanning vote tabulators; and (b) authorizing electors to use an alternative voting method, such as voting by mail or by telephone, that does not require electors to attend a voting place in order to vote. At its March 17, 2022 meeting, Council received Report CL-07/22 re Municipal Election Information. Council passed the following motion, in part, in regards to the 2022 method of vote for the 2022 Municipal Election: Moved by: Councillor Donnell Seconded by: Councillor Froese THAT Report CL-07/22 re 2022 Municipal Election Information be received for information; THAT Council approve paper based, traditional ballot, vote anywhere, live voters list as the method of vote for the 2022 Municipal Election; […] Recorded vote: Member of Council YES NO Councillor C. Valerie Donnell x Councillor Dan Froese x Councillor Susan Chilcott x Deputy Mayor Rainey Weisler x Mayor Ed Ketchabaw x Bayham has historically conducted elections utilizing polling stations with paper ballots with no vote-counting equipment thus not requiring an alternative voting method by-law to be passed. A motion to identify the method was sufficient. In response to the COVID-19 pandemic, the above section of the MEA was amended in 2020 to require a decision on alternative voting methods be made by May 1st in the year of an election rather than in the year before. Staff are presenting this report for Council to consider the 2026 municipal election method to ensure adequate planning and execution from the direction provided. DISCUSSION Since amalgamation, Bayham has employed versions of a traditional poll-based, paper ballot voting and count method. A brief summary of previous Municipal Elections is as follows: YEAR VOTER TURN OUT VOTING METHOD 2022 24.79% Traditional Paper Ballot 2018 21.25% Traditional Paper Ballot 2014 30.67% Traditional Paper Ballot 2010 31.67% Traditional Paper Ballot 2006 33.63% Traditional Paper Ballot 2003 35.20% Traditional Paper Ballot 2000 36.73% Traditional Paper Ballot Based on recent Province-wide elections data, Bayham’s voter turnout has been lower than the Provincial average over at least the last three election cycles. Several voting methods are utilized in municipal elections across Ontario and can be summarized into the categories of In-Person, Postal, Online or any combination thereof as a hybrid approach. General information and the advantages and disadvantages of each are outlined below: In-Person Traditional in-person voting is the oldest and most familiar method of casting ballots. This method requires voters to physically visit a polling station either during advanced voting periods or on Election Day. Advantages • Familiarity: As the longest-standing method, in-person voting requires fewer campaigns and advertisements to educate voters about the process. • Voter Assistance: Election officials are present to provide immediate assistance and guidance to voters ensuring that ballots are correctly completed and submitted. • Perceived Trustworthiness: Some voters still prefer in-person voting due to its observable and transparent process, which fosters trust in the outcome. • Identity Verification: Polling station staff can directly verify the identity of voters and uphold the integrity of their ballots, free from concerns about cyber threats or online security issues. • Social Engagement: Voting in person promotes civic engagement and community participation allowing voters to interact with one another. Disadvantages • Accessibility: Despite ongoing efforts to improve accessibility, in-person voting can still present physical barriers for voters with disabilities or those unable to visit polling stations due to illness or location. • Local Bias: This applies in destination municipalities, such as beachfront and cottage communities where a percentage of the land is owned by those who live in other municipalities. Physical ballot casting would not readily permit this demographic from casting a ballot unless they were able to attend a poll or appoint a proxy • Long Wait Times: During peak voting hours, such as before work or after business hours, long lines can deter voters. • Limited Voting Hours: In-person voting is confined to specific hours on advanced poll days and Election Day, which may not accommodate voters with busy schedules or unexpected conflicts. Inclement weather or external events can further disrupt turnout. • Health Concerns: In-person voting involves the highest level of human contact compared to other voting methods, raising safety concerns for some voters. • Polling Station Employees: Finding qualified and willing individuals to staff polling stations has become increasingly difficult, posing logistical challenges during elections. Additional Information With an in-person voting method, considerations for voting locations need to be a consideration. The election may be structured to only vote at a location in your ward or it can be vote at any location within the Municipality. Either option requires multiple voting locations to be secured and staffed. An in-person voting method also allows for proxy voting. Proxy voting permits an elector to delegate their voting power to another person ensuring their vote is cast even if they themselves cannot attend in person. To do this, the elector must pre-select their proxy and submit a completed form to the Municipal Clerk to be certified. This has some benefits and challenges. The vote counting process can differ for in-person voting. As mentioned above, Bayham has historically hand-counted ballots but the use of tabulators is also a consideration. The use of tabulators would require equipment rentals and specific ballots to be used that are compatible with the equipment. Costs for tabulators are discussed later in the Report. Postal Postal voting is submitting your votes by mail. In this method, paper ballots along with a postage-paid envelope are mailed as a kit to voters who then cast their vote and return the ballot to the municipality. Returns can be made either via postal service or by depositing them in a secure drop box location designated by the municipality any time before Election Day. Advantages • Increased Voting Opportunities: Individuals with illnesses or those traveling abroad or those who live elsewhere, can participate in elections without the need to be physically present at a polling station. This expands voting opportunities for those who might otherwise be unable to vote. • Enhanced Voter Experience: Eliminating the need for travel and wait times improves the overall voting experience for electors. • Greater Accessibility and Equality: Postal voting enhances secrecy and autonomy for electors with disabilities, allowing them to vote unassisted and anonymously. • Attraction of Voters: The convenience of postal voting can attract more voters, potentially increasing overall voter turnout by making it easier for people to participate in the electoral process. Disadvantages • Fraud or Coercion: Voting in an uncontrolled environment can lead to coercion or ballot interception. While voters are required to take an oath verifying their identity, completely ensuring the voter's identity remotely is challenging. • Dependence on Postal Service: The effectiveness of postal voting is reliant on the postal service, which may face disruptions or inefficiencies. • Reliability and Security: There is a risk of ballots being damaged or lost in transit. Additionally, voters may not fully understand the instructions, leading to incorrectly submitted ballots without the required signed paperwork. • Social Networking: Voting traditionally serves as a social activity. Postal voting might diminish this, as it encourages individuals to vote independently rather than as part of a communal event. This could lead to a less engaged electorate. Additional Information The vote counting process for postal voting may be done through hand counting ballots or use of tabulators. A secure location to store the incoming votes until Election Day would be required. Online Online voting is through the internet and telephone. Online voting allows electors to cast their ballots from their homes or anywhere in the world during the designated voting period. This digital shift eliminates manual paper ballots, leading to expedited tabulation of results. Online voting presents a modern, efficient, and accessible way for electors to participate in the democratic process. Advantages • Attraction of Younger Voters: The convenience of online voting is likely to appeal to younger generations. • Greater Accessibility and Equality: Online voting enhances secrecy and autonomy for electors with disabilities, allowing them to vote unassisted and anonymously. Online voting also allows for the establishment of a voting period, which can give electors an extended period of multiple days leading up to vote day to cast their ballot. • Increased Voting Opportunities: Individuals with illnesses or those traveling abroad or those who live elsewhere, can participate in elections without the need to be physically present at a polling station. This expands voting opportunities for those who might otherwise be unable to vote. • Instant Vote Tabulation: Provides for immediate vote tabulation, providing faster results (i.e. within 15 minutes of the end of voting). • Enhanced Voter Experience: Eliminating the need for travel and wait times improves the overall voting experience for electors. • Environmental Benefits: The reduction in paper usage makes online voting an environmentally desirable option. Disadvantages • Reliability and Security: Online voting systems may be vulnerable to technical failures and security breaches. • Access: While online voting can increase accessibility for many, it can also create disparities as not all voters have access to high-speed internet. • Education: Introducing online voting requires substantial education and communication efforts. • Social Networking: Voting traditionally serves as a social activity. Online voting might diminish this, as it encourages individuals to vote independently rather than as part of a communal event. This could lead to a less engaged electorate. • Fraud or Coercion: Voter notification cards, which contain unique passwords necessary for casting a vote, can be intercepted. Unlike in-person voting, verifying the voter's identity remotely is challenging. Although multi- factor authentication can mitigate some risks, it cannot fully eliminate the possibility of fraudulent activities. Additional Information With an online voting method, a voting period is established rather than specific voting days and a third-party company would be contracted to facilitate the backend processes. Staff would have a physical location set up as a “help center” during the voting period including some evening and weekend timeslots to ensure those who work during the day can vote in-person should they wish to, or require support. The help center would assist those who have questions of the process or do not have their own devices or internet to complete their votes. Hybrid Hybrid approaches whereby multiple voting methods are used together may also be a consideration. Hybrid methods may help to eliminate some barriers/disadvantages but will result in higher costs as the full scope and efforts of each method would still be required to provide for a full-service election as staff will not know until the election by what method electors choose to vote if given multiple options. Staff are not supportive of a hybrid approach for the 2026 Municipal Election. Financial Considerations Bayham has historically funded its elections through annual Election Reserve transfers to ensure proper funding in the year of the election. Annual Reserve transfers spreads out the cost of the election, reducing the tax levy impact in an election year. Aggregated financial allocations and expenditures by year for the 2018 and 2022 Municipal Elections are below for Council’s information: Year Reserve Transfer Election Expenditure 2015 $10,000 $0 2016 $10,000 $0 2017 $10,000 $5,867 2018 $10,000 $39,642 2019 $10,000 $338 2020 $10,000 $322 2021 $10,000 $0 2022 $15,000 $48,189 In respect of the 2026 Municipal Elections, Council has allocated $45,000 so far through Capital Budget reserve transfers, with an additional $15,000 planned to be levied in 2026. The total allocation for the 2026 election is projected to be $60,000. The above-noted methods for an election all have different price tags. Below outlines the estimates of what could be expected with the choice of method: Type Cost Estimate* Includes In-person – hand count $50,000.00 Voterview, ballots, election officials, misc. In-person – tabulators $60,000.00 Voterview, ballots, election officials, tabulator rental, misc. Postal – hand count $35,000.00 Voterview, ballots/mail kits, postage, misc. Postal – tabulators $45,000.00 Voterview, ballots/mail kits, postage, tabulator rental, misc. Internet/Telephone $25,000.00 Voterview, third-party vendor costs, security audit, misc. *Based on 5500 eligible electors / full-time staff wage not included. Full-time staff costs are greatest with in-person vote methods and least with Internet/Telephone. Based on the above estimates, an internet/telephone election would be the most cost-effective option and would mean that Council would not have to allocate $15,000 from the levy in 2026, reducing the needed levy by ~0.2 percent. Additional savings could also occur with choosing internet/telephone because neighbouring municipalities in Elgin, Oxford, and Middlesex Counties are in discussions of doing joint procurement for an internet/telephone third-party vendor which would provide a better rate per elector. Council has encouraged joint procurement where possible in other functional areas such as Fire and Public Works. There is a cost advantage of employing the same approach for the 2026 Municipal Election. Conclusion Each election method comes with its own benefits, costs, and potential risks to be evaluated to determine which provides the greatest benefit to electors and candidates. Today, many people use the internet to shop, bank, pay bills, or conduct other forms of business online. These services are not only accessed on personal computers, but also on tablets and smart phones. The success of such e-services has reached the point where its availability is expected by most. As municipal election administration evolves in Ontario, Bayham has an opportunity to modernize and improve voter experience by enabling electors to vote without geographic restriction as well as maximize accessibility and convenience to electors without increasing taxes to do so. Added voter accessibility may assist in increasing voter turnout, which has been lagging in Bayham particularly over the last two election cycles. Choosing an online method for 2026 also assists staff as a number of processes can then be shared with the neighbouring municipalities especially if the same third-party vendor is procured. Developing procedures, forms, advertisements etc. can also be established together which in-turn would allow for a better balance of continuing regular operations which ultimately also benefits the electors. In addition, it is worth noting that, over the last two Municipal elections, it has become increasingly difficult to recruit and retain volunteer election officials to assist with in-person poll locations. In 2022, a number of municipal staff had to assist with poll administration and vote counting due to a shortage of volunteers. Staff recommend using internet/telephone voting for the 2026 Municipal Election. Should this method of vote be approved, staff would further state that on Election Day the Straffordville Community Centre be staffed as a centralized internet polling station, for persons to attend should they not have adequate access to internet. This Election Day service would be further supported by advance voting utilizing remote internet voting established by the Clerk where persons could vote remotely including utilizing the Municipal Libraries, both of which have fibre internet technology. Staff would also add the following commentary on the main considerations against internet/telephone voting. In theory, unsupervised voting enhances voter accessibility at the expense of relinquishing some oversight with respect to the verification of voter identity and behaviour. It has been argued that some of the principles of the MEA cannot be fully upheld by a voting method whereby direct supervision of electors does not occur. It is important to note, however, that Section 89 of the MEA clearly bestows certain responsibilities on the voter such as ensuring that one is entitled to vote prior to doing so as well as ensuring that one does not vote more times than allowable. To some, unsupervised voting facilitates the potentiality of these offences, but to others it simply highlights the fact that, pursuant to the MEA, overall accountability of voting rests with each individual voter. Voter impersonation, coercion, and fraud are concerns with any method of vote which are mitigated through the design of any voting system, regardless of whether it is a supervised or unsupervised model. The same arguments against alternative methods of voting can also be made against Section 44 of the MEA which permits voting by proxy, which has historically been utilized by the Municipality of Bayham, albeit to a limited degree. Any of the aforementioned service enhancements deliver a progressive election experience. Based on the practical research conducted to date and the composition of products currently available, the use of remote internet/telephone voting does not objectively elevate risks beyond what is deemed to be acceptable. In fact, the secured use of remote internet/telephone voting serves to enhance and support many of the fundamental principles contained therein, most notably that an election must be made accessible to all voters. Internet/telephone voting offers a new way with which to potentially engage or re-engage underrepresented electors. In the same way, it complements existing municipal modernization efforts which establishes the foundations with which to encourage and embrace innovation, bolster transparency and accountability, and leverage technology to better support civic participation. Although voting is only one aspect of community participation, it is an important one. Often referred to as the cornerstone of democracy, elections serve to reinforce the legitimacy of the political process. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Continue to address and evaluate technology and communication opportunities 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Not Applicable. 3.3: Quality of Governance > To strategically engage in partnerships, joint ventures and other collaborative activities that leverage the Municipality’s resources and capabilities in order to achieve enhanced efficiencies and benefits for the community and its residents. Initiative(s): Not Applicable. RECOMMENDATION THAT Report CL-01/25 re 2026 Municipal Election Method of Vote be received for information; AND THAT Council approve internet/telephone voting as the alternative voting method for the 2026 municipal election; AND THAT the appropriate alternative voting method by-law be presented to Council for enactment; AND THAT staff be directed to participate in any regional joint procurement process, where possible, for the acquisition of internet/telephone voting services for the 2026 Municipal Election; AND THAT staff be authorized to execute any agreements necessary to implement internet/telephone voting for the 2026 Municipal Election. Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: May 1, 2025 REPORT: CL-02/25 SUBJECT: 2025 MUNICIPAL ASSISTANCE REQUESTS – FIRST INTAKE BACKGROUND Bayham community groups apply to Council annually to request use of municipal property, road closures, materials, facility rental relief, and funding to host community events. The process for this is outlined in the Municipal Assistance for Community Events Policy, adopted by By-law No. 2024-018. At the March 27, 2025 Special Operating Budget Meeting, Council allocated $9,000 to the Municipal Assistance line. DISCUSSION The first intake of applications for 2025 Municipal Assistance closed on April 11, 2025. This Report outlines the requests for consideration in order of date of event: Writers’ Festival Who: Kim Epple Date: May 16, 2025 to May 19, 2025 Time: 9:00 am to 5:30 pm Facility Use: No Road Closures: No Materials: No Funding: Yes - $300 Facility Rental Relief: No Pancake Breakfast Who: Port Burwell Firefighters Association Date: May 20, 2025 Time: 8:00 am – 12:00 pm Facility Use: Port Burwell Fire Hall Road Closures: No Materials: Picnic tables Funding: No Facility Rental Relief: No Weekly Playgroup, Straffordville Who: EarlyON Date: Runs weekly on Wednesdays from May 21, 2025 to September 17, 2025 Time: 9:30 – 11:30 am Facility Use: Straffordville Community Centre Pavilion and Ball Field Road Closures: No Materials: No Funding: No Facility Rental Relief: Yes Weekly Playgroup, Port Burwell Who: EarlyON Date: Runs weekly on Thursdays from May 22, 2025 to September 18, 2025 Time: 9:30 – 11:30 am Facility Use: Port Burwell Pavilion beside Library Road Closures: No Materials: No Funding: No Facility Rental Relief: No Edisonfest Who: Bayham Historical Society Date: June 7, 2025 Time: 8:00 am – 5:00 pm Facility Use: Vienna Memorial Park Road Closures: No Materials: Garbage cans and Picnic tables Funding: $2000 Facility Rental Relief: No Canada Day Celebrations Who: Port Burwell Historical Society Date: July 1, 2025 Time: 10:30 am – 4:00 pm Facility Use: Marine Museum and parking lot Road Closures: Yes Materials: Garbage cans, Picnic tables, and Safety cones Funding: $2000 Facility Rental Relief: No Car Show Who: Bayham Historical Society Date: July 19, 2025 Time: 11:00 am – 4:30 pm Facility Use: Vienna Memorial Park Road Closures: No Materials: Garbage cans and Safety cones Funding: No Facility Rental Relief: No Vienna Lions Kidsfest Who: Vienna Lions Club Date: July 19, 2025 Time: 11:00 am – 5:00 pm Facility Use: Vienna Community Park and Pavilion Road Closures: No Materials: No Funding: $1000 Facility Rental Relief: No Pancake Breakfast Who: Port Burwell Firefighters Association Date: August 3, 2025 Time: 7:00 am – 12:00 pm Facility Use: Port Burwell Fire Hall Road Closures: No Materials: Picnic tables Funding: No Facility Rental Relief: No Bayham Beachfest Who: Bayham Beachfest Date: August 3, 2025 Time: 8:00 am – 10:00 pm Facility Use: Memorial Park and Port Burwell Ball Diamond Road Closures: Yes Materials: Picnic tables, Garbage cans and Safety cones Funding: $2000 Facility Rental Relief: No Watermelon Festival Who: Straffordville Community Committee Date: August 23, 2025 (August 22, 2025 – August 25, 2025) Time: 9:00 am – 4:00 pm Facility Use: Straffordville Community Centre Pavilion, Pad, Ball Diamond, Parking lot, and Main Hall Road Closures: Yes Materials: Picnic tables, Garbage cans and Safety cones Funding: $2000 Facility Rental Relief: Yes Santa Claus Parade Who: Bayham Beachfest Date: December 6, 2025 Time: 5:30 pm – 8:00 pm Facility Use: Marine Museum Road Closures: Yes Materials: No Funding: $2000 Facility Rental Relief: No Santa Claus Parade Who: Straffordville Hall Foundation Date: December 13, 2025 Time: 10:30 am – 12:00 pm Facility Use: Straffordville Community Centre Main Hall Road Closures: Yes Materials: Safety cones Funding: $1000 Facility Rental Relief: Yes Light up the Park Who: Bayham Historical Society Date: December 13, 2025 Time: 6:00 pm – 8:00 pm Facility Use: Vienna Memorial Park Road Closures: No Materials: Garbage cans and Picnic tables Funding: No Facility Rental Relief: No Staff Comments Staff have no concerns in principle to the above noted requests for facility use, materials and road closures. Upon approval of the requests, staff will work further with the organizers for the confirmation/delivery of materials and road closures and where applicable, County approval will be sought. Deposits and proof of insurance will be required prior to the delivery of materials. Funding Requests The total funding requests from the first intake of applications outlined in this report is $12,300. As noted above, $9000 has been budgeted for Municipal Assistance in 2025. 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. When Council considered the first intake in 2024, Council pro-rated all requests to ensure all requests for financial contributions received at least some of their ask, while also retaining some funds in the budget for the second intake. There will be a second intake in 2025 in accordance with Policy. Additional costs may also arise for OPP traffic control and road closures, which will have to come out of the Municipal Assistance 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. 2025 Municipal Assistance Event Applications – First Intake RECOMMENDATION THAT Report CL-02/25 re 2025 Municipal Assistance Requests – 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)* Port Burwell Writers' Festival Event Name * Port Burwell Writers' Festival 2025 Event Start Date * 5/16/2025 Start Time:* 09:00:00 AM Event End Date * 5/19/2025 End Time:* 05:30:00 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): 300.00 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. Contact Name:*Contact Phone #:*Contact Email:* 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. Kim Epple Example: 555-555-5555 Attachment List Attachment Upload Attachment 1 Events trifold brochure.docx 10.55KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* port burwell firefighters association Event Name * pancake breakfast Event Start Date * 5/20/2025 Start Time:* 08:00:00 AM Event End Date * 5/20/2025 End Time:* 12:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Bayham Station 1 firehall 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)15 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. Contact Name:*Contact Phone #:*Contact Email:* 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. Glenn Allen Example: 555-555-5555 Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* EarlyON Child and Family Center - East Elgin (Community Living Elgin) Event Name * Weekly Playgroup Event Start Date * 5/21/2025 Start Time:* 09:30:00 AM Event End Date * 9/17/2025 End Time:* 11:30:00 AM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Straffordville Community Center Pavilion and adjoining Ball Field. This program will run weekly - Every Wednesday morning from May 21 to September 17. 9:30-11:30am, with staff coming at 9:00am and leaving by noon. With access to the gate to drive in equipment. 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 contact and/or additional contacts. Contact Name:* Carolyn Zwicker Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* EarlyON Child and Family Center - East Elgin (Community Living Elgin) Event Name * Weekly Playgroup- Thursday Port Burwell Pavilion Event Start Date * 5/22/2025 Start Time:* 09:30:00 AM Event End Date * 9/18/2025 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. Free Weekly Thursday Morning Playgroup for families with children 0-6 years. Starting Thursday May 22 and running until Thursday September 18. 9:30-11:30am with EarlyON Staff there 9:00am-12:00 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 contact and/or additional contacts. Contact Name:* Carolyn Zwicker Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Historical Society Event Name* Edisonfest Event Start Date * 6/7/2025 Start Time:* 08:00:00 AM Event End Date* 6/7/2025 End Time:* 05:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Vienna Memorial Park 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 Garbage Cans (up to 20)20 Picnic Tables (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 #:* Example: 555-555-5555 Contact Email:* Contact Name:* Dianne Soper Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Port Burwell Historical Association Event Name * Canada Day Celebrations 2025 Event Start Date * 7/1/2025 Start Time:* 10:30:00 AM Event End Date * 7/1/2025 End Time:* 04:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Marine Museum Parking Lot to host the Community Information Village. Pitt Street between Robinson and Eurius Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* Begins at Elizabeth Street and proceeds west on Wellington Street to Robinson. Goes south on Robinson to Brock, then east on Brock to dispersal at Eurius. Parade Time Start * 11:00:00 AM Parade Time End * 11:45:00 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)15 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 contact and/or additional contacts. Contact Name:* Roy Sullivan Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Parade Route.png 144.61KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Historical Society Event Name * Car Show Event Start Date * 7/19/2025 Start Time:* 11:00:00 AM Event End Date * 7/19/2025 End Time:* 04:30:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Vienna Memorial Park Vienna 6226 Vienna, ON N0J 1Z0 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 Garbage Cans (up to 20)20 Garbage Cans (up to 20)20 Safety Cones (up to 10)20 0 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 contact and/or additional contacts. Contact Name:* Debbie Marlatt Contact Phone #:* Example: 555-555-5555 Contact Email:* Contact Name:* Pat Mcdonald Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Vienna Lions Club Event Name * Vienna Lions Kidsfest Event Start Date * 7/19/2025 Start Time:* 11:00:00 AM Event End Date * 7/19/2025 End Time:* 05:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Vienna Community Park behind the Vienna Lions Community Centre and use of Pavillion for a free BBQ - proof of insurance will be provided. Our festival will be FREE for all including bbq and ice cream. Draft poster attached. 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 contact and/or additional contacts. Contact Name:* laura cotterill Contact Phone #:*Contact Email:* Contact Name:* Rose Beuk Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Kidsfest July 19 2025 Vienna Lions.jpg 649.47KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Port Burwell firefighter Association Event Name * pancake breakfast Event Start Date * 8/3/2025 Start Time:* 07:00:00 AM Event End Date * 8/3/2025 End Time:* 12:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* bayham station fire hall 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)15 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. Contact Name:*Contact Phone #:*Contact Email:* 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. Glenn Allen Example: 555-555-5555 Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Beachfest Event Name* Bayham Beachfest Event Start Date * 8/3/2025 Start Time:* 08:00:00 AM Event End Date* 8/3/2025 End Time:* 10:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Memorial park in Port Burwell, and ball diamond in Port Burwell Are Road Closures required?* Yes No Is this a Parade?* Yes No What are the closures required for?* Vendors and live music Where are the closures required?* Pitt st between Marine museum parking lot and east of the basketball courts and erieus st from Wellington Street to just north of the basketball court Closures Required From* 09:00:00 AM Closures Required To* 08:00:00 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 #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Screenshot_20241217_194456_Maps.jpg 371.94KB Screenshot_20241217_194411_Maps.jpg 528.16KB Screenshot_20241217_194419_Maps.jpg 313.34KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Straffordville Community Committee Event Name * Straffordville Watermelon Festival Event Start Date * 8/23/2025 Start Time:* 09:00:00 AM Event End Date * 8/23/2025 End Time:* 10:00:00 AM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Use of the community grounds from 9am Friday 22 Aug 2025 to approx 4pm Monday 25 Aug 2025. Use of the Straffordville Community Hall from 1pm on Friday 22 Aug to approx 7pm Sat 23 Aug 2025 - See attachment Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* see attached parade route Parade Time Start * 09:00:00 AM Parade Time End * 10:30:00 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? Please indicate your funding request (maximum $2000): 2,000.00 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 contact and/or additional contacts. Contact Name:* Louise Rischel Contact Phone #:* Example: 555-555-5555 Contact Email:* Contact Name:* Rose Gardner Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 2024 Parade Route.pdf 82.27KB Certificate (002).pdf 301.85KB Watermelon Festival Bayham Request.docx 88.92KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Beachfest Event Name* Santa Claus parade Event Start Date * 12/6/2025 Start Time:* 05:30:00 PM Event End Date* 12/6/2025 End Time:* 08:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Marine museum for Santa's visit at the end of the parade Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* Wellington Street from the Port Burwell legion turning North on Robinson Street then East on Pitt ending at the Marine museum Parade Time Start* 06:00:00 PM Parade Time End* 08:00:00 PM 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): $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 #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Screenshot_20241217_195119_Maps.jpg 511.86KB Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Straffordville Hall Foundation Event Name * Santa Claus Parade Event Start Date * 12/13/2025 Start Time:* 10:30:00 AM Event End Date * 12/13/2025 End Time:* 12:00:00 PM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* SCC Main Hall & Servery/Kitchen?? From 8am-1pm Are Road Closures required?* Yes No Is this a Parade?* Yes No What is the Parade Route?* Starting at SCC - South on Old Chapel to Main Street, South on West Street, West on Third Street, South on Plank Road, West on Heritage Line to SCC Parade Time Start * 10:30:00 AM Parade Time End * 11:15:00 AM The following materials may be available for use of your event. Please indicate what is requested: Item Required Quantity Required 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): 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 contact and/or additional contacts. Contact Name:* Marni Wolfe Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 Application for Municipal Assistance - Community Events Event Information Applicant (Community Group)* Bayham Historical Society Event Name * Light up the Park Event Start Date * 12/13/2025 Start Time:* 06:00:00 PM Event End Date * 12/13/2025 End Time:* 08:00:00 AM Use of Municipal Property and/or Facility?* Yes No What property and/or facility?* Vienna Memorial Park 6226 Vienna ON N0Z !Z0 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 Garbage Cans (up to 20) Picnic Tables (up to 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 contact and/or additional contacts. Contact Name:* Debbie Marlatt Contact Phone #:* Example: 555-555-5555 Contact Email:* Attachment List Attachment Upload Attachment 1 REPORT CLERK TO: Mayor & Members of Council FROM: Meagan Elliott, Clerk DATE: May 1, 2025 REPORT: CL-03/25 SUBJECT: INFORMATION TECHNOLOGY (IT) SERVICES BACKGROUND Reliable Information Technology (IT) support is crucial for the Municipality of Bayham. Support services has typically been outsourced and has evolved from a single staff person at the Township of Malahide prior to 2014, to a contracted service with Careworx from 2014-2019 to the County of Elgin IT department from 2019-2023. In 2023, Elgin County transitioned from an in- house IT department comprised of four staff to a third-party contractor (Stronghold). Stronghold has had carriage of Bayham’s IT support since mid-2023, with administration through Elgin County’s Director of Finance. Stronghold provides IT support to the County of Elgin, Central Elgin and Bayham. DISCUSSION Bayham has had a number of difficulties relating to IT services since the change in 2023. The onboarding of Stronghold overlapped with significant administrative changes at the County, and it was later found that no formal agreement for their services had been executed. An IT working group was formed in late-2023 to attempt to outline Terms of Service and develop an agreement structure for the municipalities to consider. To date, this has not occurred and an executed agreement is still outstanding. Due to the lack of agreement for service, Bayham is mainly receiving reactive support instead of proactive IT management as what used to be received from County staff. As proactive IT support is what is required for Bayham to ensure business continuity and security in an increasingly complex IT environment for municipalities, staff have been looking for further information from the County and Stronghold for how this can be provided, as well as looking at other alternatives as a top priority for 2025. The County of Elgin has recently approved the onboarding of a Manager of IT Services. It is expected that recruitment for this position will be completed in approximately six weeks and this position will be primarily tasked with strategic planning for technology services and overseeing the helpdesk function provided by Stronghold. Even though this position may help streamline the Terms of Service with Stronghold and possibly lead to improvements in the future overall, staff still have concerns as the structure of the support, and the timelines for improvement may not fit within the needs of Bayham. In seeking alternatives, staff consulted with the other Elgin Municipalities which led to the interest in Zouling Technologies. Zouling has a proven track record of providing excellent IT support services as evidenced by their successful engagement with Aylmer, Malahide, Southwold, Dutton Dunwich and West Elgin. Staff specifically inquired with these partners on the areas of proactive IT management, responsiveness, cybersecurity, and overall knowledge of existing systems. Each offered great endorsement in all areas. Additionally, staff have met with the owner/operator of Zouling to confirm their interest and availability and have begun building a positive working relationship. Services from Zouling were procured by Malahide, Southwold, Dutton Dunwich and West Elgin from a joint Request for Proposal (RFP) in 2022. Aylmer sole sourced for their services in 2024 based on the fair pricing and positive working relationship formed with the neighbouring municipalities. Staff are looking for Council’s consideration to sole source Bayham’s IT Services to Zouling Technologies for a 2-year agreement under the same terms as the neighbouring municipalities. A sample agreement is attached for consideration. Sole sourcing is a procurement method where goods or services are purchased from a single vendor without a competitive bidding process. Sections 8.35 to 8.37 of Bayham’s procurement policy outline the criteria for a Sole Source purchase. As an agreement for IT Services would have a contract value in excess of $10,000, Council approval is required. There are three (3) clauses within Section 8.35 that are relevant to this scenario to allow for a sole source if Council desires: a. where the compatibility of a purchase with existing equipment, facilities or service is a paramount consideration and the purchase must be made from a sole source; g. for matters involving security, police matters, or confidential issues, a purchase may be made in a manner that protects the confidentiality of the contractor or the Municipality. Such purchases may be made as a Sole Source Purchase; h. in any situation where the Council of the Corporation of the Municipality of Bayham deems it appropriate. Sole sourcing streamlines the procurement process by eliminating the need for a competitive bidding process, saving time and administrative effort. This procurement method is particularly beneficial when specialized services are uniquely available from a single source, ensuring access to specific expertise and compatibility with existing systems, services, or requirements. Sole sourcing can also have its downsides, primarily due to the lack of competitive pressure on pricing which can result in higher costs. For this scenario, the costs being proposed are what was submitted to the RFP in 2022 to the other municipalities therefore is arguably competitive. Adopting the same IT service provider as neighbouring municipalities within Elgin County presents significant synergies and collaborative opportunities for Bayham, particularly in regards to our ongoing relationship with Malahide through our reciprocal shared service. There is significant benefit to having the same IT provider to ensure proper and timely access to each network, and to set up IT accounts and permissions in a consistent manner when onboarding staff. This shared approach facilitates enhanced regional cooperation, streamlined communication, and the sharing of best practices and resources among the municipalities. Additionally, by learning from the experiences and challenges encountered by the other municipalities, Bayham can anticipate potential issues, adopt proven strategies for IT management, implement pre-emptive measures to optimize IT service delivery and ensure IT security and cyber-insurance compliance, maintain confidentiality and integrity of our IT infrastructure, and adopt new methods and IT solutions in key areas such as records management and cloud storage. These synergies strengthen the individual IT framework of each municipality, and Bayham stands to gain from them. The decision to sole source with Zouling guarantees Bayham will have access to a common service provider and will be the beneficiary of a learning environment where municipalities share IT insights. Additionally, the shared service provider will allow for Bayham to align with the other municipalities on future IT needs, allowing cost savings through shared service agreements and bulk purchasing. IT services are generally captured under the operating budget with special projects or bulk procurement falling under the capital budget. Below outlines the financial considerations: Operating Budget Considerations Stronghold’s cost for time spent on “tickets” is $62.25 per hour and is billed to us monthly through the County. An additional charge of $1133 per month is also invoiced to us as the County currently houses and maintains our servers. In 2024, billed time on tickets ranges from 2 to 8 hours per week. Bayham and Stronghold also utilize Thinkdox for additional support surrounding Laserfiche processes. Thinkdox has a service rate of $205 per hour and in 2024, ~$7400 was billed to Bayham from Thinkdox for service hours. Zouling’s proposal sets ticket costs at $75 per hour with an estimated average of 7 hours per week. This average is set for budgeting purposes and only actual time spent is what would be billed. As data from 2024 indicates above, an average of 7 hours per week is conservative. Zouling would also adopt responsibilities for our servers and this would come at an estimated fixed cost of $75 per server which at current there are 10 so would be $750 per month. This also has potential to be decreased to 4 servers making it $300 per month. This is further discussed below under Capital Budget considerations. It is expected that, with Zouling’s knowledge of Laserfiche processes, costs associated with Thinkdox would significantly decrease as we would not have to use Thinkdox as frequently. As we do not have a formal agreement with Stronghold, there is potential that the current hourly ticket cost will increase when an agreement is proposed. The financial terms offered by Zouling Technologies are aligned with those provided to similar municipalities in 2022, suggesting a competitive and fair pricing structure consistent with a public RFP and aligned with cooperative procurement. The agreement is expected to fit within our current IT budget allocations, with potential for cost savings in the long-term due to efficiencies and improved service quality. Capital Budget Considerations With the proposal to change IT service providers from the County, it would require procuring and housing our own servers. Zouling has assessed our systems and the process to do this and has quoted $8200 plus HST and labour. The Capital item GG-06 for upgrading to Office 365 would continue as planned this year with the new provider. With these two upgrades, there is opportunity to transition certain functions to cloud-based solutions and is why noted above our amount of servers may decrease. Cloud-based solutions for servers and storage affords a higher degree of security and business continuity in the case of local power outages. If changing providers and housing our own servers is desirable, staff propose repurposing the funds allocated for Capital item GG-07 for Chamber Upgrades to be used towards this transition. Staff also wish to provide Council advanced warning of possible out of budget expenses arising related to IT infrastructure regardless of switching providers or not. Through Zouling’s involvement in reviewing our systems, it was flagged that there may be a need to replace approximately 20 desktops as the current licensing for them will not be supported by October of this year. This information was not flagged by our current provider prior to the budget or to date. The devices in question were last procured in 2019 through a bulk purchase and run on Windows 10 and it is possible these devices will not be able to support the upgrade to Windows 11. Solutions on how to navigate this issue are currently being assessed and may come with an approximate price tag of $25,000. Staff intend to report back to Council on this topic. Conclusion As indicated in this report, Bayham requires proactive IT management and has been having many difficulties without this since 2023. Although there is potential for improvements in the future with the current arrangement through the County, there are a number of areas needing to be streamlined and/or upgraded under the IT umbrella right away. Bayham has an opportunity to transition its IT service to a company that is very knowledgeable of our systems, affordable and reliable. STRATEGIC PLAN 3.1: Quality of Governance > To undertake strategies and technology and knowledge capital investments that continuously improve a service-oriented governance approach in Bayham. Initiative(s): Continue to address and evaluate technology and communication opportunities ATTACHMENTS 1. Sample service agreement with Zouling Technologies RECOMMENDATION THAT Report CL-03/25 re Information Technology (IT) Services be received for information; AND THAT Council approve the sole source for Information Technology Service Management with Zouling Technologies; AND THAT the service agreement and executing by-law be presented for enactment; AND THAT Capital Budget Item No. GG-07 be repurposed to the process of procuring and housing servers; AND THAT staff be directed to report back with further information on how to address the expiring devices noted in this report. Respectfully Submitted by: Reviewed by: Meagan Elliott Thomas Thayer, CMO, AOMC Clerk Chief Administrative Officer 1 TECHNOLOGY MAINTENANCE AND SUPPORT SERVICES AGREEMENT THIS TECHNOLOGY MAINTENANCE AND SUPPORT SERVICES AGREEMENT is made the day of , BY & BETWEEN: ZOULING TECHNOLOGIES INC., a corporation incorporated under the laws of the Province of Ontario, and with its principal office located at 276 Furnival Road, Rodney, Ontario N0L 2C0 (hereinafter the “Service Provider”) OF THE FIRST PART AND: CORPORATION OF THE MUNICIPALITY OF BAYHAM, a municipal corporation incorporated under the laws of Province of Ontario, and with its principal office located at 56169 Heritage Line, Straffordville, Ontario, N0J 1Y0 (hereinafter the “Client”) OF THE SECOND PART RECITALS WHEREAS, the Service Provider is in the business of providing computer hardware and software maintenance and support services; AND WHEREAS, the Client wishes to contract for the computer hardware and software maintenance and support services of the Service Provider as part of its ongoing operations; AND WHEREAS, the parties have agreed on the terms and conditions governing the provision of computer hardware and software maintenance and support services by the Service Provider to the Client; NOW THEREFORE, in consideration of the terms and conditions described below and the sum of $1.00 paid by each party to the other party, the receipt and sufficiency of which is hereby acknowledged, the Service Provider and the Client agree as follows: 1.0 INTERPRETATION 1.1 Definitions In this agreement, unless otherwise stated the following terms shall have the meaning prescribed for each: 2 “Agreement” means the terms and conditions described herein, and the Schedules incorporated by reference and also includes all subsequent amendments and Change Orders in writing and executed by authorized officials of the Parties; “Business Day” means any day other than Saturday or Sunday or a statutory holiday so recognized by the province of Ontario; “Change Order” means the document executed by the Parties confirming their agreement to undertake a change to the Support Services or related matters pursuant to a Change Order Request; “Change Order Request” means the procedure described in this Agreement for the Parties to consider changes to the Support Services or related matters under this Agreement; “Client Data” means all information of whatever nature and type and in all formats of the Client and in respect of which the Client has a proprietary interest and is deemed to be Proprietary and Confidential Information of the Client; “Client Hardware” means the computer equipment of the Client, including all peripherals, attachments, lines and cabling and applicable documentation, for which the Service Provider is performing Support Services under this Agreement; “Client Software” means the computer software of the Client, including applicable documentation, for which the Service Provider is providing Support Services under this Agreement; “Parties” means the Client and the Service Provider, and “Party” means one of them as the context provides; “Proprietary and Confidential Information” means any confidential or proprietary information, data, materials, and other information of either Party, whether or not marked or otherwise identified as proprietary or confidential; “Schedules” means the schedules to this Agreement described in Article 2.0; “Service Provider Data” means all information, of whatever nature and type and in all formats of the Service Provider used to provide the Support Services, and in respect of which the Service Provider has a proprietary interest. Service Provider Data is deemed to be Proprietary and Confidential Information of the Service Provider; “Service Provider Software” means those computer programs owned or licensed by the Service Provider, in object code or source code and including microcode not embedded in a circuit element and applicable documentation and media, used by the Service Provider in performing the Support Services; 3 “Support Services” means the provision by the Service Provider of the computer hardware and software maintenance and support services to the Client Hardware and Client Software as described in this Agreement; and “Support Services Standards” means the agreed-to target performance standards of the Service Provider in delivering the Support Services under this Agreement, as they may be changed from time to time by Change Order. 1.2 Assignment This Agreement will be binding on and enure to the benefit of the Parties and their respective successors and permitted assigns. The Service Provider may assign this Agreement to any other party without the prior written consent of the Client. 1.3 Currency Unless otherwise stated in this Agreement, all dollar amounts shall be Canadian dollars. 1.4 Accounting Terms Unless otherwise stated in this Agreement, all accounting terms shall be interpreted in accordance with Canadian GAAP. 1.5 Sections, Headings and Contra Proferentum The division of this Agreement into Articles, Sections and Paragraphs and the insertion of headings are for convenience of reference only and shall not affect the interpretation or construction of this Agreement. Unless otherwise indicated, any reference in this Agreement to an Article, Section, Paragraph or Schedule refers to the specified Article, Section or Paragraph or Schedule to this Agreement. Each Party acknowledges that it has reviewed and participated in determining the terms and conditions of this Agreement and agree that any rule of construction or doctrine of interpretation, including contra proferentum, construing or interpreting any ambiguity against the drafting party shall not apply. 1.6 Gender and Number Unless the context otherwise requires, words importing the singular include the plural and vice versa, and words importing one gender include the other gender. 1.7 Time of the Essence Time shall be of the essence of this Agreement and of every part hereof and no extension or variation to this Agreement shall operate as a waiver of this provision. 4 1.8 Applicable Law This Agreement shall be construed, interpreted and enforced in accordance with the laws of the province of Ontario and the applicable federal laws of Canada, without reference to any principles of conflicts of laws. Each Party irrevocably and unconditionally attorns to the exclusive jurisdiction of the competent courts of Ontario. 1.9 Enurement This Agreement shall enure to the benefit of, binding on, and enforceable by the Parties and where the context so permits, their respective heirs, executors, representatives and successors. 1.10 Amendment This Agreement may only be changed by a document in writing signed by both Parties. 1.11 Waiver No waiver of any provision of this Agreement, including waiver of a breach of this Agreement, shall constitute a waiver of any other provision or breach of this Agreement unless expressly provided otherwise. No waiver shall be binding unless executed in writing. 1.12 Further Assurances The Parties shall with reasonable diligence do all things and provide all reasonable assurances as may be required to implement the provisions of this Agreement, and each Party shall provide such further documents or instruments required by the other Party as may be reasonably necessary or desirable to give effect to this Agreement and to carry out its provisions. 1.13 Invalidity Any provision in this Agreement which is held to be illegal or unenforceable shall be ineffective to the extent of such illegality or unenforceability without invalidating the remaining provisions of this Agreement. 1.14 Entire Agreement This Agreement, including the Schedules incorporated by reference, constitutes the entire agreement between the Parties with respect to its subject matter and supersedes all prior or other agreements, understandings, negotiations and discussions, written or oral, between the Parties. There are no conditions, covenants, agreements, representations, warranties or other provisions, express or implied, collateral, statutory or otherwise, except as herein provided. 5 2.0 SCHEDULES 2.1 The Schedules appended to and forming part of this Agreement are described in subsection 2.2. In the event of any inconsistency or conflict between the provisions of a schedule and the terms and conditions of this Agreement, the provisions of the schedule shall prevail. 2.2 The Schedules to this Agreement are as follows: Schedule A: Client Hardware and Software Schedule B: Support Services Schedule C: Support Services Standards Schedule D: Schedule E: Compensation & Payment Change Order Process 2.3 The Schedules may be changed from time to time by agreement of the Parties by Change Order. 3.0 APPOINTMENT AND ACCEPTANCE 3.1 The Client appoints the Service Provider, and the Service Provider accepts the appointment on a non-exclusive basis, to perform the Support Services described in Schedule B for the Client Hardware and Client Software described in Schedule A. The Parties agree that the Support Services, as well as the Client Hardware and Client Software, may be changed from time to time during the term of this Agreement in accordance with the Change Order Process described in Schedule E. 4.0 TERM 4.1 This Agreement shall be in effect for a period of twenty-four (24) months from the date first mentioned above on page 1 of this Agreement. This Agreement may be extended or renewed by agreement of the Parties in writing at least sixty (60) days prior to the end of the term. 5.0 COMPENSATION AND PAYMENT 5.1 As consideration for the Support Services provided under this Agreement, the Client shall pay the Service Provider in accordance with Schedule D attached, which compensation is subject to change in accordance with the Change Order Process. 5.2 5.3 All payments shall be made in Canadian currency. On past due charges and late payments, the Service Provider may impose a late payment charge equal to the lesser of 1.0 percent (1%) per month or the maximum rate permitted by law. Service Provider, without any further actions or requirements on its part and until all outstanding payments have been made in full by the Client, reserves the right to deny or suspend the Support Services or any other related activity under this Agreement. Termination 6 or denial as a result of failure to pay will: (a) not relieve the Client from the payment of all accrued charges for the Support Services provided, plus interest and all collection fees; (b) be solely attributable to the Client with no liability or responsibility of any loss or damage arising or accruing from such denial or suspension of the Support Services. 5.4 The Client shall be responsible for all sales and consumption taxes (including any HST) imposed or levied in respect of the charges paid or payable to the Service Provider, other than any tax on the income of the Service Provider. 6.0 SUPPORT SERVICES STANDARDS 6.1 6.2 The Service Provider shall perform the Support Services in accordance with the Support Services Standards described in Schedule C, as said standards may be changed from time to time in accordance with the Change Order Process. The Service Provider will have full control over working time, methods, and decision making in relation to provision of the Support Services in accordance with this Agreement. The Service Provider will work autonomously and not at the direction of the Client. However, the Service Provider will be responsive to the reasonable needs and concerns of the Client. 7.0 SERVICE PROVIDER RESPONSIBILITIES 7.1 The Service Provider shall: (a) Perform the Support Services conscientiously and lawfully, in accordance with the provisions of this Agreement, including the provisions of the Support Services Schedule and the Support Services Standards Schedule; (b) Perform the Support Services in a good and professional manner using qualified and competent Support Services personnel, and in compliance with the Support Services Standards Schedule; (c) Complete and submit all reports and other information in accordance with the requirements of the Support Services Standards Schedule; (d) Comply with all access and security procedures of the Client of which it has been informed in writing; provided only that if there is any change to such procedures after the date of this Agreement, and for which compliance by the Service Provider causes delay, an increase in costs or other material change to the Support Services or other Service Provider obligations under this Agreement, the Support Services Schedule and Support Services Standards Schedule, as applicable, will be modified accordingly by Change Order; and (e) Access, receive, use, retain and disclose Client Proprietary and Confidential Information only for the performance of the Support Services, in a secure and 7 confidential manner and in accordance with any reasonable restrictions or other requirements of the Client. 8.0 CLIENT RESPONSIBILITIES 8.1 To enable and support the Service Provider in the provision of the Support Services the Client shall, without limitation: (a) Perform those tasks assigned to the Client conscientiously, lawfully, in a timely manner, and in accordance with the provisions of the Support Services Schedule and this Agreement; (b) Perform those tasks assigned to the Client in a good and professional manner using qualified and competent personnel; (c) Grant the Service Provider access to the Client Hardware, Client Software and operations necessary for the Service Provider to provide the Support Services; (d) Comply with all reasonable Service Provider procedures and requirements in the performance of the Support Services, including the reproduction of suspected errors or malfunctions and the provision of all error corrections and maintenance releases; (e) Access, receive, use, retain and disclose any Service Provider Proprietary and Confidential Information only for Support Services purposes, in a secure and confidential manner and in accordance with any restrictions or other requirements of the Service Provider; (f) Undertake any enhancements to or other changes to Client Hardware and Client Software during the term of this Agreement only in collaboration with the Service Provider. In the event that any such change prevents or otherwise hinders the performance of the Support Services, or any other obligation of the Service Provider under this Agreement, including any performance commitment under the Support Services Standards Schedule, the Service Provider shall not be liable or otherwise responsible for the same and the Client shall be liable for any additional costs incurred by the Service Provider as a consequence thereof; and (g) Pay the Service Provider for the Support Services in accordance with the Compensation and Payment provision of this Agreement. 9.0 INDEPENDENT CONTRACTOR 9.1 The Parties expressly covenant and agree that the legal relationship between the Parties is that of principal and independent contractor. The Service Provider performs the Support Services as an independent contractor and all personnel utilized by the Service Provider shall be employees, contractors or agents of the Service Provider. 10.0 CHANGE CONTROL 10.1 The Change Order procedure set out in Schedule E (Change Order Process) may be initiated by either Party desiring to implement the following changes to the Support Services: 8 (a) Additions to, deletions from, or other modifications to the Support Services in the Support Services Schedule; (b) Additions to, deletions from, or other modifications to the performance commitments of the Service Provider set out in the Support Services Standards Schedule; and (c) Any modification, alteration, adjustment, addition, upgrade, attachment, enhancement, or other change to the Client hardware or Client Software that will, or is likely to have, a material impact on the delivery of Support Services by the Service Provider. 10.2 Any changes to this Agreement, other than those set out in subsection 10.1, shall be undertaken solely by means of a written amendment to this Agreement. 11.0 REPRESENTATIONS AND WARRANTIES 11.1 The Service Provider makes the following representations and warranties to the Client acknowledging that the Client is relying on each such representation and warranty in connection with the provision of Support Services under this Agreement, and with the further acknowledgment that the Client would not have entered into this Agreement without any of the representations and warranties of the Service Provider. (a) The Service Provider represents and warrants to the Client that it is duly incorporated and has the legal authority to enter into this Agreement, provide the Support Services and undertake all other obligations and responsibilities of the Service Provider described hereunder; (b) The Service Provider represents and warrants to the Client that this Agreement has been duly authorized by all necessary corporate action by the Service Provider and is a valid and binding obligation of the Service Provider, enforceable against it in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency and other legislation affecting creditors' rights generally; (c) The Service Provider represents and warrants to the Client that the execution and performance of this Agreement does not and will not cause any default or other contravention of any other agreement or instrument to which the Service Provider is a party; (d) The Service Provider represents and warrants to the Client that there are no actions, suits or other proceedings against the Service Provider, or to the Service Provider’s knowledge threatened or pending against the Service Provider, or any of its assets, that in the reasonable opinion of the Service Provider may have a material adverse effect on its financial condition or business; (e) The Service Provider represents and warrants to the Client that the Service Provider shall comply with all applicable laws, statutes, ordinances, by-laws and regulations (collectively, “legislation”) of all applicable governmental authorities. 9 11.2 The Client makes the following representations and warranties to the Service Provider acknowledging that the Service Provider is relying on each such representation and warranty in connection with the provision of Support Services under this Agreement, and with the further acknowledgment that the Service Provider would not have entered into this Agreement without any of the representations and warranties of the Client. (a) The Client represents and warrants to the Service Provider that the Client is duly incorporated and has the legal authority to enter into this Agreement, and undertake all obligations and responsibilities of the Client described hereunder; (b) The Client represents and warrants to the Service Provider that this Agreement has been duly authorized by all necessary corporate action by the Client and is a valid and binding obligation of the Client, enforceable against it in accordance with its terms, subject, as to enforcement, to bankruptcy, insolvency and other legislation affecting creditors' rights generally; (c) The Client represents and warrants to the Service Provider that the execution and performance of this Agreement does not and will not cause any default or other contravention of any other agreement or instrument to which the Client is a party; (d) The Client represents and warrants to the Service Provider that there are no actions, suits or other proceedings against the Client, or to the Client’s knowledge threatened or pending against the Client, or any of its assets, that in the reasonable opinion of the Client may have a material adverse effect on its financial condition or business; (e) The Client represents and warrants to the Service Provider that the Client shall perform, or cause to be performed, the obligations and responsibilities of the Client under this Agreement honestly, in good faith, exercising reasonable skill, care and diligence, using personnel having a level of competence commensurate with the requirements, in accordance with the terms and conditions of this Agreement; and (f) The Client represents and warrants to the Service Provider that the Client shall comply with all applicable laws, statutes, ordinances, by-laws and regulations (collectively, “legislation”) of all applicable governmental authorities. 11.3 EXCEPT AS EXPRESSLY STATED IN THIS ARTICLE 11.0, ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE ARE HEREBY EXCLUDED. THE PARTIES DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LIABILITY OF ONE PARTY TO THE OTHER PARTY IS SOLELY THAT PROVIDED FOR ELSEWHERE IN THIS AGREEMENT. 12.0 RELATIONSHIP MANAGEMENT 12.1 The Parties acknowledge that cooperation is essential to the successful delivery of the 10 Support Services and compliance with all other requirements of this Agreement. The Parties agree to each appoint a person the primary representative of the Party for the administration and other matters relative to the provision of Support Services, and use mutually agreed processes and forms to report progress and to identify, track and resolve problems. Unless otherwise provided for in the Support Services Schedule, the standard processes and forms of the Service Provider will be utilized. Each Party may rely on the authority of the other Party's representative provided that neither person shall have the authority to amend or modify this Agreement. 13.0 CONFIDENTIALITY OF CLIENT DATA 13.1 The Service Provider acknowledges that Client Data is Proprietary and Confidential Information of the Client and must be protected from unauthorized use or disclosure. The Service Provider shall use all reasonable means to keep Client Data to which it has access confidential. The Service Provider shall not access, use or disclose Client Data, other than to provide the Support Services. 13.2 More specifically, in fulfilment of its obligation to maintain the confidentiality of Client Data, the Service Provider shall: (a) Implement written policies, standards, and procedures reflective of the Service Provider’s obligations in regard to confidentiality; (b) Restrict access to Client Data to Service Provider personnel, including agents and subcontractor personnel who require access to perform the Support Services; and (c) Ensure that Service Provider personnel, including agents and subcontractor personnel, requiring access to Client Data have received any required security clearance and agreed, in writing, to abide by the confidentiality requirements of the Service Provider in the treatment of Client Data. 13.3 Notwithstanding the above, the Service Provider shall not be responsible or otherwise liable for any wrongful access to, use or disclosure of Client Data: (a) Caused, in whole or in part, by any act or omission of the Client; (b) Determined to be in the public domain; or (c) Required by law to be disclosed. The Service Provider shall give the Client prompt notification of such requirement for disclosure and permit the Client to undertake any appeal procedures to maintain the confidentiality of Client Data. 14.0 CONFIDENTIALITY OF SERVICE PROVIDER DATA 14.1 The Client acknowledges that Service Provider Data is Proprietary and Confidential Information of the Service Provider and must be protected from unauthorized use or disclosure. The Client shall use all reasonable means to keep Service Provider Data to which it has access 11 confidential. The Client shall not access, use or disclose Service Provider Data, other than as required for the provision of Support Services by the Service Provider. 14.2 More specifically, in fulfilment of its obligation to maintain the confidentiality of Service Provider Data, the Client shall: (a) Implement written policies, standards, and procedures reflective of the Client’s obligations in regard to confidentiality; (b) Restrict access to Service Provider Data to Client personnel, including agents and subcontractor personnel, who require access in the performance of the Support Services; and (c) Ensure that Client personnel, including agents and subcontractor personnel, requiring access to Service Provider Data have received any required security clearance and agreed, in writing, to abide by the confidentiality requirements of the Client in the treatment of Service Provider Data. 14.3 Notwithstanding the above, the Client shall not be responsible or otherwise liable for any wrongful access to, use or disclosure of Service Provider Data: (a) Caused, in whole or in part, by any act or omission of the Service Provider; (b) Determined to be in the public domain; or (c) Required by law to be disclosed. The Client shall give the Service Provider prompt notification of such requirement for disclosure, and permit the Service Provider to undertake any appeal procedures to maintain the confidentiality of Service Provider Data. 15.0 LIABILITY 15.1 15.2 The liability of the Service Provider to the Client for any breach of this Agreement, regardless of the basis of the claim, including, without limitation, any claim in tort or of fundamental breach of contract, shall be direct damages only in an amount not to exceed the last two months compensation received in aggregate by the Service Provider from the Client. In no event shall the Service Provider be liable for indirect, incidental, special, or consequential damages, or damages for lost profits or revenues of the Client relating to the Support Services or any breach of this Agreement, even if it has been informed of the possibility thereof. MOREOVER, IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO THE CLIENT OR TO ANY THIRD PARTY WHATSOEVER FOR ANY LOSS OF USE, REVENUE, OR PROFIT, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (INCLUDING ANY LOSS OR DAMAGE CAUSED DUE TO HACKING), REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT INFRASTRUCTURE HOST HAS BEEN ADVISED OF THE 12 15.3 POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SERVICE PROVIDER SHALL NOT BE LIABLE FOR ANY LOSS, CORRUPTION TO, OR DELETION OF CLIENT APPLICATIONS OR CLIENT DATA. 16.0 TERMINATION 16.1 Termination for Cause (a) In the event that either Party commits a breach of one or more of its material duties or obligations under this Agreement (“Material Breach”), which Material Breach shall not have been cured within fifteen (15) Business Days from notice in writing advising of said Material Breach (“Cure Period”), the Party not in breach may terminate this Agreement, forthwith, for cause, by giving written notice to the Party in Material Breach. (b) Without limiting the generality of the foregoing, each of the following specific events shall be deemed to be a Material Breach by the Service Provider granting the Client the right to terminate this Agreement pursuant to subsection 16.1(a): (i) The Service Provider is adjudged bankrupt, commits or threatens to commit an act of bankruptcy, makes a general assignment for the benefit of its creditors, becomes insolvent, or otherwise commences action for its winding up, reorganization, liquidation, or dissolution under any applicable law; or (ii) The Service Provider is in breach of the Confidentiality of Client Data provision of this Agreement. (c) Without limiting the generality of the foregoing, each of the following specific events shall be deemed to be a Material Breach by the Client granting the Service Provider the right to terminate this Agreement pursuant to subsection 16.1(a): (i) Client is adjudged bankrupt, commits or threatens to commit an act of bankruptcy, makes a general assignment for the benefit of its creditors, becomes insolvent, or otherwise commences action for its winding up, reorganization, liquidation, or dissolution under any applicable law; (ii) Client is in breach of the Confidentiality of Service Provider Data of this Agreement; or (iii) Client fails, without valid cause, to pay any amount owing to the Service Provider under this Agreement following written notice by the Service Provider to that effect under subsection 16.1(a), and failure to make payment before expiration of the Cure Period. (d) Upon termination of this Agreement for Material Breach all responsibilities and liabilities of the Parties to each other shall cease on the specified date of termination, except only for damages that may be assessed against the Party in Material Breach. 13 16.2 Termination without Cause The Service Provider may terminate this Agreement without any cause or reason but only by providing the Client with thirty (30) Business Days written notice. 17.0 INDEMNITIES 17.1 Service Provider Indemnification (a) The Service Provider shall indemnify, defend, and hold harmless the Client and its servants, agents, successors, and assigns from any and all losses arising from or in connection with any claims of infringement made against the Client for any patent, copyright, trade-mark, service mark, trade name, or other proprietary rights in regard to Service Provider Software, Service Provider Data, or any other products or materials provided by the Service Provider in the performance of Support Services, or otherwise under this Agreement. (b) The Service Provider shall indemnify, defend, and hold harmless the Client, its servants, agents, successors and assigns from and against any and all losses arising from or in connection with claims made by third parties against the Client arising out of any acts or omissions of the Service Provider in the performance of Support Services or the observance of its obligations under this Agreement. 17.2 Client Indemnification (a) The Client shall indemnify, defend, and hold harmless the Service Provider, its servants, agents, successors and assigns from and against any and all losses arising from or in connection claims of infringement made against the Service Provider for any patent, copyright, trade-mark, service mark, trade name, or other proprietary rights in regard to Client Hardware, Client Software, Client Data, or any other products or materials of the Client used in performance of the Support Services, or otherwise under this Agreement. (b) The Client shall indemnify, defend, and hold harmless the Service Provider, its servants, agents, successors and assigns from and against any and all losses arising from or in connection with claims made by third parties against the Service Provider arising out of any acts or omissions of the Client in the performance of the Support Services or the observance of its obligations under this Agreement. 17.3 Exclusive Remedy The indemnities described in this section 17.0 are the exclusive indemnities provided by each Party to the other under this Agreement. The indemnities shall not apply unless the Party against whom the claims are made provides the indemnifying Party with prompt written notice of such 14 claim, grants the indemnifying Party authority to defend or settle the claim and provides all reasonable assistance to the indemnifying Party in defending or settling the claim. 18.0 INSURANCE 18.1 The Service Provider shall obtain and maintain the following insurance coverage during the term of this Agreement with limits not less than those prescribed: (i) Professional liability insurance with limits of not less than Two Million Canadian Dollars ($2,000,000.00); (ii) Automotive or motor vehicle liability insurance with limits of not less than Two Million Canadian Dollars ($2,000,000.00); and (iii) Comprehensive General Liability Insurance with limits of not less than Five Million Canadian Dollars ($5,000,000.00). 19.0 GENERAL 19.1 Notices All notices to be given under this Agreement shall be in writing and either hand delivered or sent by registered mail to the address and contact official of the other Party set out below. If by registered mail, any such notice shall be deemed to have been received on the fifth (5th) Business Day after mailing, and if hand delivered, on the date of delivery. Notice may also be provided by means of electronic mail and if delivered by electronic mail, it should be deemed received on the first (1st) Business Day the electronic mail arrives in the recipient’s electronic mail in-box, provided only that the Party sending the message has not received any automatic reply indicating that the notice has not been delivered to the recipient. Client address and contact official: Meagan Elliott, melliott@bayham.on.ca, 519 866 5521 56169 Heritage Line, Straffordville, Ontario N0J 1Y0 Service Provider address and contact official: Dan Balint, dan@zouling.ca, 226.688.7839 276 Furnival Road, Rodney, Ontario N0L2C0 Either Party may change its address or contact official by written notice to the other Party given in the manner set out above. 19.2 Force Majeure Neither Party will be responsible or liable in any way for failure or delay in performing its obligations under this Agreement during any period in which such performance is prevented or 15 hindered by conditions beyond its reasonable control (“force majeure”). During such period each Party’s obligations, to the extent that they are affected by the event of force majeure, will be suspended and commensurately extended until such time as performance is no longer prevented or hindered; provided that if such period extends for more than forty (40) Business Days, either Party may thereafter terminate this Agreement without any obligation or liability to the other Party for the same. 19.3 Advertising Neither Party shall, without the prior express written consent of the other Party in each instance, which consent will not be unreasonably withheld, carry out or arrange for any press release, advertisement or promotion of any kind or nature whatsoever, whether in writing or orally, which involves the use of, or contains any reference to any trade or service mark, trade or service name, or logo of the other Party. 19.4 Survival Those provisions of this Agreement which, by their terms, are intended to survive, or which must survive in order to give effect to continuing obligations of the Parties, shall survive the termination of this Agreement. [SIGNATURE PAGE TO FOLLOW] 16 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. ZOULING TECHNOLOGIES INC. By: Name (Print or type): Daniel Balint Title: President CORPORATION OF THE MUNICIPALITY OF BAYHAM By: Name (Print or type): Title: 17 SCHEDULE A Client Hardware and Software [Client to insert as appropriate] 18 SCHEDULE B Support Services • IT Help Desk, Phone, Email, Remote and Onsite Support • Desktop Management and Support • Server Management and Support • Data Backup Management and Support • Network Management and Support • Cloud Services Management and Support • Cyber Security Management and Support • IT Asset Management • Procurement and Provisioning Services • An Information Security Policy that covers the following in detail will need to be reviewed or created for the topics that apply or will apply in the future: Information Security Policy, Acceptable Use Policy, Disciplinary Action, Protect Stored Data, Information Classification, Access to the sensitive cardholder data, Physical Security, Protect Data in Transit, Disposal of Stored Data, Security Awareness and Procedures, Network security, System and Password Policy, Anti-virus policy, Patch Management Policy, Remote Access policy, Vulnerability Management Policy, Configuration standards, Change control Process, Audit and Log review, Secure Application development, Penetration testing methodology, Incident Response Plan, Roles and Responsibilities, Third party access to card holder data, User Access Management, Access Control Policy, Wireless Policy. 19 SCHEDULE C Support Services Standards Response Time Service Provider will respond, either remotely or in-person, within sixty (60) minutes of a request from the Client. Requests can be raised by phone or by email. This metric will be reported monthly to indicate any missed response times should they occur. The target is to meet this response time 99% of the time. Service Levels The two levels of service to be provided as identified are described as follows. “first level”: Standard “IMAC” (install, move, add and change) Services These types of planned services will be completed by a mutually determined deadline at the time of each request. All processes will be written and maintained by Service Provider and always accessible to the Client. A change control process shall be formally defined and documented as part of reviewing or creating an Information Security Policy. “second level”: Advanced Network, Product and Service Support These types of unplanned services will be completed by a mutually determined deadline at the time of each request unless the urgency is high. Example of a high urgency request is something that is affecting staff productivity or in the form of an outage. In high urgency requests, a workaround will be provided as soon as possible if an immediate fix is not available to minimize downtime. Asset Auditing Service Provider will perform a physical and virtual audit of hardware and software to gain an understanding of the Client’s I.T. structure and systems. This audit will take place on a regular basis every six (6) months or as agreed upon with the Client. Patch Management A Patch Management Policy will be reviewed or created. This will ensure all workstations, servers, software, system components etc. owned by the Client will have up-to-date system security patches installed to protect the asset from known vulnerabilities. Data Backup and Disaster Recovery Service Provider will review or create a data backup and disaster recovery plan for the Client. This plan is to include what is backed up, how often it’s backed up, and where it’s backed up. A testing schedule will be agreed upon and followed. Technical Advice Service Provider will provide confidential expert advice to senior municipal staff for municipal budget and project-planning purposes. If necessary, research or advice will be acquired by an external subject matter expert with the approval from the Client. All passwords used by Service Provider will be shared by way of a Password Manager to the Client. 20 SCHEDULE D COMPENSATION & PAYMENT Program Costs Invoices submitted by Service Provider to the Client are due within thirty (30) calendar days of receipt. Base Monthly Fees Server Management will fall under the Patch Management Policy that will be reviewed or created. This is monthly maintenance that will be required on each server. Data Management will fall under the data backup and disaster recovery plan that will be reviewed or created. This may be a daily audit performed depending on the configuration of backups. This calculation applies to each server either Physical or Virtual. A Network Attached Storage Device (NAS) will be classified as a server. A virtual server’s host server will not be classified as a server The fixed cost will be $75.00 per server each month. Based on the infrastructure assessment of the Client, the monthly estimate for the Client is $750.00. This estimate is subject to change with the addition or decommission of a server. Server Management includes any updates that are Firmware, Driver, Operating System, or Software related. This also covers any 3rd party updates provided by a software vendor. An example would be Accounting Software if stored on a Server. Data Backup Management is included in the per server price. The Client is responsible for the cost of the Software Solution and storage used for Data Backups. This fixed fee includes any software used by Service Provider for Remote Monitoring and Management, ticketing (if the Client chooses to use a ticketing system) and one Password Manager license for the Chief Administration Officer of the Client. Unforeseen problems that arise from any updates performed are expressly excluded from the scope and above estimate of cost. These will be handled at a normal hours time and material cost at the indicated rates below. 21 Hourly Service Rates The following rates apply to the following services provided by Service Provider: Normal Hours Monday to Friday except holidays. 0800 to 1800. IT Support Services will be provided at the rate of $75.00 per hour. Time will be billed in 15- minute increments. This includes time spent onsite, remote, phone, or email. Support provided for problems that arise while performing planned maintenance after hours, weekends and holidays will be charged as normal hours. After Hours Monday to Friday except Holidays. 1800 to 0800. Except for planned maintenance, IT Support Services will be provided at the rate of $75.00 per hour. Time will be billed in 60-minute increments. This includes time spent onsite, remote, phone, or email. Weekends and Holidays Except for planned maintenance, IT Support Services will be provided at the rate of $75.00 per hour. Time will be billed in 120-minute increments. This includes time spent onsite, remote, phone, or email. Budgetary Planning of Hourly Service Rates For budgetary planning, the Client should budget an allowance for this section of program costs an amount of $27,300.00, and will be billed on per used basis only. This calculation is under the assumption of seven (7) hours of I.T. Consulting per week. Procurement Markup The percentage of markup from the cost of I.T. hardware of software purchased through Service Provider will vary from 0% to 12% depending on the item. Before making any purchases, a quote will be obtained from any previous partner or vendor the Client may have. The best price will always be chosen regardless of the vendor. Service Provider will be considered as a vendor in these instances. If hardware or software is purchased from a previous partner or vendor, the Client will pay such partner or vendor directly. 22 Service Partners Computer & Printer Services Service Provider will bill time spent by IC Computer & Printer Services at the same rates detailed above. Service Provider will dispatch IC Computer & Printer Services when necessary and will be responsible for their compensation. CompuVision CompuVision will be utilized only in planned scenarios. These include advanced project, network, and service support. The Service Provider will obtain and Client will approve the quote from and pay for any services or goods provided by CompuVision. Other Fees Travel expenses will be charged at $0.53 per kilometer driven for onsite support. Hourly service rates will not be billed during travel. 23 SCHEDULE E Change Order Process 1.0 CHANGE ORDER REQUEST 1.1 Either Party may submit a Change Order Request to the other Party at any time in the form appended as Annex 1 to this Schedule E. The Change Order Request shall be signed by the Service Provider or Client contact person, as applicable. The Change Order Request shall contain sufficient information concerning the requested change, including any impact on Support Services, prescribed Support Services standards, and Service Provider compensation, for the recipient Party to undertake an informed assessment and decision in regard to the request. 1.2 The Party in receipt of the Change Order Request shall use all reasonable commercial efforts to respond to the Change Order Request within the requested time period. A response shall be in writing and may include a request for additional information, for modifications to the Change Order Request, or the decision to reject or accept the requested change. 1.3 An accepted Change Order Request shall act as a direction to the Parties to complete and sign a formal Change Order implementing the Change Order Request. 1.4 The Parties shall not implement the proposed change until a Change Order is fully executed. Unless otherwise agreed, neither Party shall be responsible for the costs of the other Party in the preparation or evaluation of a Change Order Request. 2.0 CHANGE ORDER 2.1 A Change Order shall not be effective until signed by both Parties. The Change Order shall be in the form set out in Annex 2 to this Schedule E and contain all required technical and financial information for the change including its impact on Support Services, prescribed Support Services standards and Service Provider compensation. 2.2 A completed and executed Change Order shall constitute a binding change to this Agreement. Unless otherwise agreed, neither Party shall be responsible for the costs of the other Party in the preparation of a Change Order. 2.3 The Service Provider shall maintain a formal record of all Change Orders, numbered sequentially. 24 ANNEX 1 - CHANGE ORDER REQUEST CHANGE ORDER REQUEST NUMBER: To: Service Provider Contact or Client Contact, as applicable From: Service Provider Contact or Client Contact, as applicable Date: Date of Change Order Request Re: Subject Matter of Change Order Request 1.0 DESCRIPTION OF REQUESTED CHANGE [Include description of Support Services change, reason(s) for the Change Order Request, any changes to Support Services performance requirements, or Service Provider compensation] Change Request Submitted by: Service Provider Contact or Client Contact, as applicable Date 25 ANNEX 2 – CHANGE ORDER Date: Change Order Number To Service Provider Contact or Client Contact, as applicable From: Service Provider Contact or Client Contact, as applicable Re: Change Order Request Number This Change Order forms part of and is subject to the terms and conditions of the Agreement. 1. Description of Support Services Change [Describe in detail the new or revised Support Services or other change] 2. Effect on Existing Support Services [Describe the impact on existing Support Services] 3. Implementation [Provide details of the implementation of the new or changed Support Services] 4. Compensation Change, if any [Describe any consequential change in compensation] 5. Additional Information [Provide any additional information relevant to the change] Agreed to: [Insert the complete legal name of the Service Provider] By: 26 Name (Print or type): Title: [Insert the complete legal name of the Client] By: Name (Print or type): Title: REPORT CAO TO: Mayor & Members of Council FROM: Thomas Thayer, Chief Administrative Officer DATE: May 1, 2025 REPORT: CAO-24/25 SUBJECT: ADDITIONAL TRANSFER PAYMENT AGREEMENT – FIRE PROTECTION GRANT – CANCER PREVENTION BACKGROUND On July 15, 2024, Ontario’s Solicitor General, the Honourable Michael Kerzner, announced the opening of applications for the first round of the Fire Protection Grant through the Transfer Payment Ontario System. The Fire Protection Grant program is being administered over three years, with $10 million being allocated each year. The Ontario Fire Marshal later advised that approximately $8,500 to $10,000 per station was being allocated through this program. This grant was available to the 374 municipal fire departments and their 33,000 municipal firefighters, including 12,500 full-time, 400 part-time, and 20,000 volunteer firefighters (including pay for call). The first year of the Fire Protection Grant program was targeted to cancer prevention and minor infrastructure modernization initiatives. In Canada, 50 to 60 firefighters die of cancer every year, and over half are from Ontario. In Ontario, there are currently 19 types of cancers that fall under presumptive legislation. It follows that if a firefighter is diagnosed with a particular cancer and the firefighter has the years of service designated to that cancer, it is presumed that the cancer was caused because of their career. This will entail the employer and the firefighter to deal with the claim as they would any other injury received will being employed as a firefighter At its January 16, 2025 meeting, Council received Report CAO-01/25 re Transfer Payment Agreement – Fire Protection Grant – Cancer Prevention. The Report identified a project that was applied for by the Municipality to provide for minor retrofits to both Bayham Fire Halls. The Municipality was awarded the sum of $16,460.90 through the Fire Protection Grant program, with the requirement to spend the funds by December 31, 2025. Council passed the following motion: Moved by: Deputy Mayor Weisler Seconded by: Councillor Froese THAT Report CAO-01/25 re Transfer Payment Agreement – Fire Protection Grant be received for information; AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute a Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the Solicitor General and the Municipality of Bayham for the Fire Protection Grant program. DISCUSSION On April 9, 2025, the Municipality was advised that some additional funds remained available through the Fire Protection Grant program. The Municipality received a TPA for these additional funds, totaling $361.73, which will go towards the project identified in Report CAO-01/25. The TPA is attached to this Report and requires authorization and remittance to obtain the additional funding. Staff recommend authorization for the Chief Administrative Officer and Mayor to execute the TPA and remit it to obtain the additional funds in support of the retrofits at the Bayham Fire Halls. STRATEGIC PLAN 3.2: Quality of Governance > To continually demonstrate financial responsibility to the community. Initiative(s): Actively seek and apply for grants to support operational and capital projects ATTACHMENTS 1. Transfer Payment Agreement – Fire Protection Grant – Cancer Prevention RECOMMENDATION 1. THAT Report CAO-24/25 re Additional Transfer Payment Agreement – Fire Protection Grant – Cancer Prevention be received for information; 2. AND THAT Council authorizes the Chief Administrative Officer and Mayor to execute a Transfer Payment Agreement between His Majesty the King, in Right of Ontario, as represented by the Solicitor General and the Municipality of Bayham for the Fire Protection Grant program. Respectfully Submitted by: Thomas Thayer, CMO, AOMC Chief Administrative Officer Page 1 of 25 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the BETWEEN: His Majesty the King in right of Ontario as represented by the Minister of the Solicitor General (the “Province”) - and - (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 2 of 25 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a)the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b)where it is not possible to interpret the Additional Provisions in a way thatis consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 The Recipient acknowledges that: (a)by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario),the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b)His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c)the Funds are: Page 3 of 25 (i)to assist the Recipient to carry out the Project and not to providegoods or services to the Province; (ii)funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d)the Province is not responsible for carrying out the Project; (e)the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Provincein connection with the Project or otherwise in connection with theAgreement may be subject to disclosure in accordance with that Act; and (f)the Province is bound by the Financial Administration Act (Ontario) (“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by theProvince of Funds under the Agreement will be subject to, (i)an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Funding Year in which the payment becomes due; or (ii)the payment having been charged to an appropriation for aprevious fiscal year. SIGNATURE PAGE FOLLOWS Page 4 of 25 The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal Date Name: Carrie Clark Title: Deputy Fire Marshal Date Name: Title: I have authority to bind the Recipient Date Name: Title: I have authority to bind the Recipient TP Agreement – Shortened Page 5 of 25 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a)words in the singular include the plural and vice-versa; (b)words in one gender include all genders; (c)the headings do not form part of the Agreement; they are for referenceonly and will not affect the interpretation of the Agreement; (d)any reference to dollars or currency will be in Canadian dollars and currency; and (e)“include”, “includes” and “including” denote that the subsequent list is notexhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: TP Agreement – Shortened Page 6 of 25 (a)in the case of the first Funding Year, the period commencing on theEffective Date and ending on the following March 31; and (b)in the case of Funding Years subsequent to the first Funding Year, theperiod commencing on April 1 following the end of the previous FundingYear and ending on the following March 31 or the Expiry Date,whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. TP Agreement – Shortened Page 7 of 25 A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a)it is, and will continue to be, a validly existing legal entity with full powerto fulfill its obligations under the Agreement; (b)it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c)it is in compliance with, and will continue to comply with, all federal andprovincial laws and regulations, all municipal by-laws, and any otherorders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d)unless otherwise provided for in the Agreement, any information theRecipient provided to the Province in support of its request for funds(including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to betrue and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a)the full power and capacity to enter into the Agreement; and (b)taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)a code of conduct and ethical responsibilities for all persons at all levelsof the Recipient’s organization; (b)procedures to enable the Recipient’s ongoing effective functioning; (c)decision-making mechanisms for the Recipient; (d)procedures to enable the Recipient to manage Funds prudently and effectively; (e)procedures to enable the Recipient to complete the Project successfully; (f)procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; TP Agreement – Shortened Page 8 of 25 (g)procedures to enable the preparation and submission of all Reportsrequired pursuant to Article A7.0; and (h)procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out itsobligations under the Agreement.A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a)provide the Recipient with Funds up to the Maximum Funds for thepurpose of carrying out the Project; (b)provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c)deposit the Funds into an account the Recipient designates providedthat the account: (i)resides at a Canadian financial institution; and (ii)is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a)the Province is not obligated to provide any Funds to the Recipient untilthe Recipient provides the certificates of insurance or other proofrequired pursuant to section A10.2; (b)the Province is not obligated to provide instalments of Funds until it issatisfied with the progress of the Project; and (c)the Province may adjust the amount of Funds it provides to the Recipientfor any Funding Year based upon the Province’s assessment of theinformation the Recipient provides to the Province pursuant to section A7.2. TP Agreement – Shortened Page 9 of 25 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a)carry out the Project in accordance with the Agreement; (b)use the Funds only for the purpose of carrying out the Project; (c)spend the Funds only in accordance with the Budget; (d)not use the Funds to cover any cost that has been or will be funded orreimbursed by one or more of any third party, ministry, agency, ororganization of the Government of Ontario. (e)not use funds to cover any cost that has or will be funded by the recipients regular operating or capital budget. A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a)deduct an amount equal to the interest from any further instalments ofFunds; (b)demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as set out in Schedule “B” at the time of purchase. TP Agreement – Shortened Page 10 of 25 A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a)the Recipient; or (b)any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could,or could be seen by a reasonable person to, interfere with theRecipient’s objective, unbiased, and impartial judgment relating to theProject, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a)the Recipient: (i)provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii)requests the consent of the Province to carry out the Project withan actual, potential, or perceived conflict of interest; (b)the Province provides its consent to the Recipient carrying out theProject with an actual, potential, or perceived conflict of interest; and (c)the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a)submit to the Province at the address set out in Schedule “B” : (i)all Reports in accordance with the timelines and content requirements set out in Schedule “F”; (ii)any other reports in accordance with any timelines and content requirements the Province may specify from time to time; TP Agreement – Shortened Page 11 of 25 (b)ensure that all Reports and other reports are: (i)completed to the satisfaction of the Province; and (ii)signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a)all financial records (including invoices and evidence of payment)relating to the Funds or otherwise to the Project in a manner consistentwith either international financial reporting standards or generallyaccepted accounting principles or any comparable accounting standardsthat apply to the Recipient; and (b)all non-financial records and documents relating to the Funds orotherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a)the truth of any of the Recipient’s representations and warranties; (b)the progress of the Project; (c)the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a)inspect and copy any records and documents referred to in section A7.3; (b)remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a)ensuring that the Province has access to the records and documentswherever they are located; (b)assisting the Province to copy records and documents; TP Agreement – Shortened Page 12 of 25 (c)providing to the Province, in the form the Province specifies, anyinformation the Province identifies; and (d)carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual, including public announcements or communications: (a)acknowledge the support of the Province for the Project; (b)ensure that any acknowledgement is in a form and manner as theProvince directs; and (c)indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. (d)obtain prior written approval from the Province before using anyGovernment of Ontario or ministry logo or symbol in any communications including press releases, published reports, radio andtelevision programs and public or private meetings, or in any other typeof promotional material, relating to the Project or this Agreement. A8.2 Notice of Project-Related Communications. Unless the Province directs the Recipient to do otherwise, the Recipient will provide written notice to the Province a minimum of 14 Business Days’ in advance of all Project-related publications, whether written, oral, or visual, including public announcements or communications. A9.0 INDEMNITY A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties. TP Agreement – Shortened Page 13 of 25 A10.0 INSURANCE A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a)the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b)a cross-liability clause; (c)contractual liability coverage; and (d)at least 30 days’ written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a)provide to the Province, either: (i)certificates of insurance that confirm the insurance coveragerequired by section A10.1; or (ii)other proof that confirms the insurance coverage required bysection A10.1; and (b)in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to theAgreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: TP Agreement – Shortened Page 14 of 25 (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down theProject, and do either or both of the following: (i)permit the Recipient to offset such costs against the amount theRecipient owes pursuant to section A11.2(b); and (ii)subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. Each of the following events will constitute an Event of Default: (a)in the opinion of the Province, the Recipient breaches anyrepresentation, warranty, covenant, or other term of the Agreement, including failing to do any of the following in accordance with the termsand conditions of the Agreement: (i)carry out the Project; (ii)use or spend Funds; or (iii)provide, in accordance with section A7.2, Reports or such otherreports as the Province may have requested pursuant to sectionA7.2(a)(ii); (b)the Recipient’s operations, its financial condition, its organizationalstructure or its control changes such that it no longer meets one ormore of the eligibility requirements of the program under which theProvince provides the Funds; (c)the Recipient makes an assignment, proposal, compromise, orarrangement for the benefit of creditors, or a creditor makes anapplication for an order adjudging the Recipient bankrupt, or applies forthe appointment of a receiver; (d)the Recipient ceases to operate. A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a)initiate any action the Province considers necessary in order to facilitatethe successful continuation or completion of the Project; (b)provide the Recipient with an opportunity to remedy the Event of Default; (c)suspend the payment of Funds for such period as the Provincedetermines appropriate; (d)reduce the amount of the Funds; (e)cancel further instalments of Funds; (f)demand from the Recipient the payment of any Funds remaining in thepossession or under the control of the Recipient; (g)demand from the Recipient the payment of an amount equal to anyFunds the Recipient used, but did not use in accordance with theAgreement; (h)demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i)demand from the Recipient the payment of an amount equal to the coststhe Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j)upon giving Notice to the Recipient, terminate the Agreement at anytime, including immediately, without liability, penalty or costs to the Province. A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)the particulars of the Event of Default; and (b)the Notice Period. A12.4 Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: TP Agreement – Shortened Page 15 of 25 (a)the Recipient does not remedy the Event of Default within the NoticePeriod; (b)it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c)the Recipient is not proceeding to remedy the Event of Default in a waythat is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if, by the end of a Funding Year, the Recipient has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a)demand from the Recipient payment of the unspent Funds; (b)adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a)deduct an amount equal to the excess Funds from any further instalments of Funds; or (b)demand that the Recipient pay to the Province an amount equal to theexcess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a)the Province demands from the Recipient the payment of any Funds, an TP Agreement – Shortened Page 16 of 25 TP Agreement – Shortened Page 17 of 25 amount equal to any Funds or any other amounts owing under the Agreement; or (b)the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or notthe Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a)in writing; (b)delivered by email, postage-prepaid mail, personal delivery, courier orfax; and (c)addressed to the Province or the Recipient as set out in Schedule “B”, oras either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a)in the case of postage-prepaid mail, five Business Days after the Noticeis mailed; or (b)in the case of fax, one Business Day after the Notice is delivered; and (c)in the case of email, personal delivery or courier on the date on whichthe Notice is delivered. TP Agreement – Shortened Page 18 of 25 A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a)Notice by postage-prepaid mail will not be deemed to be given; and (b)the Party giving Notice will give Notice by email, personal delivery,courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a)it will do so by Notice; (b)it may attach any terms and conditions to the consent; and (c)the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect. A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver. TP Agreement – Shortened Page 19 of 25 A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a)the Recipient’s heirs, executors, administrators, successors, andpermitted assigns; and (b)the successors to His Majesty the King in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a)provide such further assurances as the Province may request from timeto time with respect to any matter to which the Agreement pertains; and (b)do or cause to be done all acts or things necessary to implement andcarry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. TP Agreement – Shortened Page 20 of 25 A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a)has failed to comply with any term, condition, or obligation under anyother agreement with His Majesty the King in right of Ontario or one ofHer agencies (a “Failure”); (b)has been provided with notice of such Failure in accordance with therequirements of such other agreement; (c)has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d)such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross- referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. END OF GENERAL TERMS AND CONDITIONS TP Agreement – Shortened Page 21 of 25 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $ Expiry Date March 31, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $ 5,000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Name: Program Development & Analytics Unit, Office of the Fire Marshal, Public Safety Division Ministry of the Solicitor General Attention: Katrina Nedeljkovich, Operations Manager Address: 2284 Nursery Road, Midhurst, ON, L0L 1N0 Phone: 705-305-4595 Email: Katrina.nedeljkovich@Ontario.ca / OFMGrants@Ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: None TP Agreement – Shortened Page 22 of 25 SCHEDULE “C” PROJECT The Ministry of the Solicitor General, Office of the Fire Marshal received Treasury Board (TB) approval for $30.0M grant over 3 years in funding to support the municipal fire service in acquiring critical equipment and other needs (health and safety, minor infrastructure and specialized tools) to improve and enhance the level of fire protection service being provided. These approved funds are provided through what is known as the Fire Protection Grant. Year one of the Fire Protection Grant focuses on firefighter health and safety (specifically cancer prevention measures) and minor infrastructure updates. These themes were chosen based on feedback from fire stakeholders across Ontario about the challenges and risks firefighters face in performing their duties. The Ministry has identified four categories of eligibility: •Cancer Prevention – Equipment (such as exhaust extraction systems in the fire station or washing machines for firefighting gear to remove contaminants, etc.) •Cancer Prevention - Personal Protective Equipment (such as facepieces, balaclavas, etc.) •Cancer Prevention – Minor Infrastructure (such as showers in the fire station, etc.) •Technology – Minor Infrastructure (such as bringing internet to fire stations that do not currently have access to improve connectivity and training opportunities, etc.) The grant application window opened on July 23, 2024 and closed September 5, 2024. TP Agreement – Shortened Page 23 of 25 SCHEDULE “D” BUDGET Funding will be provided to the upon execution of this Agreement. Funding will be provided to the explicitly for the purchase of one, or a combination of, the items prescribed within the listed summary in Schedule "C". Copies of all invoices and receipts for said items will be provided to the Office of The Fire Marshal as part of the Report Back described in Schedule “F” that forms part of this agreement. The funds must be committed to the project as approved by March 31st, 2025. Subsequently, the funds must be spent by the municipality by the end of Provincial Financial Quarter Three (Q3) (December 31, 2025). TP Agreement – Shortened Page 24 of 25 SCHEDULE “E” PAYMENT PLAN E.1 MAXIMUM FUNDS The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule “B”. E.2 PAYMENT SCHEDULE The Funds will be provided to the Recipient for the Funding Year subject to the Agreement having been signed by the Province. TP Agreement – Shortened Page 25 of 25 SCHEDULE “F” REPORTS As a condition of the Fire Protection Grant, a report back to the Office of the Fire Marshal must be received by the end of Provincial Financial Quarter, Q3, to outline how the grant was utilized and the benefit(s) seen at the department level. As part of the report back the municipality will provide copies of all invoices and receipts for the items purchased for the approved project(s) as noted in Schedule C. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-033 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER PAYMENT AGREEMENT BETWEEN HIS MAJESTY THE KING IN RIGHT OF ONTARIO AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE FIRE PROTECTION GRANT PROGRAM 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 was notified on December 19, 2024 that its application to the Fire Protection Grant program was successful in the amount of $16, 460.90; AND WHEREAS a Transfer Payment Agreement (TPA) was entered into by By-law No. 2025- 003 to receive the above noted funds; AND WHEREAS on April 9, 2025 the Municipality of Bayham was notified that additional funds remained available through this program and an additional $361.73 can be provided to Bayham upon entering into another TPA; AND WHEREAS the Council of the Municipality of Bayham is desirous of entering into another Transfer Payment Agreement for receipt of the additional funds; 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 Transfer Payment Agreement attached hereto as Schedule “A” and forming part of this by-law; 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 1st DAY OF MAY, 2025. ___________________________ _____________________________ MAYOR CLERK Page 1 of 25 ONTARIO TRANSFER PAYMENT AGREEMENT THE AGREEMENT is effective as of the BETWEEN: His Majesty the King in right of Ontario as represented by the Minister of the Solicitor General (the “Province”) - and - (the “Recipient”) CONSIDERATION In consideration of the mutual covenants and agreements contained in the Agreement and for other good and valuable consideration, the receipt and sufficiency of which are expressly acknowledged, the Province and the Recipient agree as follows: 1.0 ENTIRE AGREEMENT 1.1 Schedules to the Agreement. The following schedules form part of the Agreement: Schedule “A” - General Terms and Conditions Schedule “B” - Project Specific Information and Additional Provisions Schedule “C” - Project Schedule “D” - Budget Schedule “E” - Payment Plan Schedule “F” - Reports. 1.2 Entire Agreement. The Agreement constitutes the entire agreement between the Parties with respect to the subject matter contained in the Agreement and supersedes all prior oral or written representations and agreements. Page 2 of 25 2.0 CONFLICT OR INCONSISTENCY 2.1 Conflict or Inconsistency. In the event of a conflict or inconsistency between the Additional Provisions and the provisions in Schedule “A”, the following rules will apply: (a)the Parties will interpret any Additional Provisions in so far as possible, in a way that preserves the intention of the Parties as expressed in Schedule “A”; and (b)where it is not possible to interpret the Additional Provisions in a way thatis consistent with the provisions in Schedule “A”, the Additional Provisions will prevail over the provisions in Schedule “A” to the extent of the inconsistency. 3.0 COUNTERPARTS 3.1 The Agreement may be executed in any number of counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 4.0 AMENDING THE AGREEMENT 4.1 The Agreement may only be amended by a written agreement duly executed by the Parties. 5.0 ACKNOWLEDGEMENT 5.1 The Recipient acknowledges that: (a)by receiving Funds it may become subject to legislation applicable to organizations that receive funding from the Government of Ontario, including the Broader Public Sector Accountability Act, 2010 (Ontario),the Public Sector Salary Disclosure Act, 1996 (Ontario), and the Auditor General Act (Ontario); (b)His Majesty the King in right of Ontario has issued expenses, perquisites, and procurement directives and guidelines pursuant to the Broader Public Sector Accountability Act, 2010 (Ontario); (c)the Funds are: Page 3 of 25 (i)to assist the Recipient to carry out the Project and not to providegoods or services to the Province; (ii)funding for the purposes of the Public Sector Salary Disclosure Act, 1996 (Ontario); (d)the Province is not responsible for carrying out the Project; (e)the Province is bound by the Freedom of Information and Protection of Privacy Act (Ontario) and that any information provided to the Provincein connection with the Project or otherwise in connection with theAgreement may be subject to disclosure in accordance with that Act; and (f)the Province is bound by the Financial Administration Act (Ontario) (“FAA”) and, pursuant to subsection 11.3(2) of the FAA, payment by theProvince of Funds under the Agreement will be subject to, (i)an appropriation, as that term is defined in subsection 1(1) of the FAA, to which that payment can be charged being available in the Funding Year in which the payment becomes due; or (ii)the payment having been charged to an appropriation for aprevious fiscal year. SIGNATURE PAGE FOLLOWS Page 4 of 25 The Parties have executed the Agreement on the dates set out below. HIS MAJESTY THE KING IN RIGHT OF ONTARIO as represented by the Office of the Fire Marshal Date Name: Carrie Clark Title: Deputy Fire Marshal Date Name: Title: I have authority to bind the Recipient Date Name: Title: I have authority to bind the Recipient TP Agreement – Shortened Page 5 of 25 SCHEDULE “A” GENERAL TERMS AND CONDITIONS A1.0 INTERPRETATION AND DEFINITIONS A1.1 Interpretation. For the purposes of interpretation: (a)words in the singular include the plural and vice-versa; (b)words in one gender include all genders; (c)the headings do not form part of the Agreement; they are for referenceonly and will not affect the interpretation of the Agreement; (d)any reference to dollars or currency will be in Canadian dollars and currency; and (e)“include”, “includes” and “including” denote that the subsequent list is notexhaustive. A1.2 Definitions. In the Agreement, the following terms will have the following meanings: “Additional Provisions” means the terms and conditions set out in Schedule “B”. “Agreement” means this agreement entered into between the Province and the Recipient, all of the schedules listed in section 1.1, and any amending agreement entered into pursuant to section 4.1. “Budget” means the budget attached to the Agreement as Schedule “D”. “Business Day” means any working day, Monday to Friday inclusive, excluding statutory and other holidays, namely: New Year’s Day; Family Day; Good Friday; Easter Monday; Victoria Day; Canada Day; Civic Holiday; Labour Day; Thanksgiving Day; Remembrance Day; Christmas Day; Boxing Day and any other day on which the Province has elected to be closed for business. “Effective Date” means the date set out at the top of the Agreement. “Event of Default” has the meaning ascribed to it in section A12.1. “Expiry Date” means the expiry date set out in Schedule “B”. “Funding Year” means: TP Agreement – Shortened Page 6 of 25 (a)in the case of the first Funding Year, the period commencing on theEffective Date and ending on the following March 31; and (b)in the case of Funding Years subsequent to the first Funding Year, theperiod commencing on April 1 following the end of the previous FundingYear and ending on the following March 31 or the Expiry Date,whichever is first. “Funds” means the money the Province provides to the Recipient pursuant to the Agreement. “Indemnified Parties” means His Majesty the King in right of Ontario, and includes His ministers, agents, appointees, and employees. “Loss” means any cause of action, liability, loss, cost, damage, or expense (including legal, expert and consultant fees) that anyone incurs or sustains as a result of or in connection with the Project or any other part of the Agreement. “Maximum Funds” means the maximum set out in Schedule “B”. “Notice” means any communication given or required to be given pursuant to the Agreement. “Notice Period” means the period of time within which the Recipient is required to remedy an Event of Default pursuant to section A12.3(b), and includes any such period or periods of time by which the Province extends that time pursuant to section A12.4. “Parties” means the Province and the Recipient. “Party” means either the Province or the Recipient. “Proceeding” means any action, claim, demand, lawsuit, or other proceeding that anyone makes, brings or prosecutes as a result of or in connection with the Project or with any other part of the Agreement. “Project” means the undertaking described in Schedule “C”. “Records Review” means any assessment the Province conducts pursuant to section A7.4. “Reports” means the reports described in Schedule “F”. TP Agreement – Shortened Page 7 of 25 A2.0 REPRESENTATIONS, WARRANTIES, AND COVENANTS A2.1 General. The Recipient represents, warrants, and covenants that: (a)it is, and will continue to be, a validly existing legal entity with full powerto fulfill its obligations under the Agreement; (b)it has, and will continue to have, the experience and expertise necessary to carry out the Project; (c)it is in compliance with, and will continue to comply with, all federal andprovincial laws and regulations, all municipal by-laws, and any otherorders, rules, and by-laws related to any aspect of the Project, the Funds, or both; and (d)unless otherwise provided for in the Agreement, any information theRecipient provided to the Province in support of its request for funds(including information relating to any eligibility requirements) was true and complete at the time the Recipient provided it and will continue to betrue and complete. A2.2 Execution of Agreement. The Recipient represents and warrants that it has: (a)the full power and capacity to enter into the Agreement; and (b)taken all necessary actions to authorize the execution of the Agreement. A2.3 Governance. The Recipient represents, warrants, and covenants that it has, will maintain in writing, and will follow: (a)a code of conduct and ethical responsibilities for all persons at all levelsof the Recipient’s organization; (b)procedures to enable the Recipient’s ongoing effective functioning; (c)decision-making mechanisms for the Recipient; (d)procedures to enable the Recipient to manage Funds prudently and effectively; (e)procedures to enable the Recipient to complete the Project successfully; (f)procedures to enable the Recipient to identify risks to the completion of the Project and strategies to address the identified risks, all in a timely manner; TP Agreement – Shortened Page 8 of 25 (g)procedures to enable the preparation and submission of all Reportsrequired pursuant to Article A7.0; and (h)procedures to enable the Recipient to address such other matters as the Recipient considers necessary to enable the Recipient to carry out itsobligations under the Agreement.A2.4 Supporting Proof. Upon the request of the Province, the Recipient will provide the Province with proof of the matters referred to in Article A2.0. A3.0 TERM OF THE AGREEMENT A3.1 Term. The term of the Agreement will commence on the Effective Date and will expire on the Expiry Date unless terminated earlier pursuant to Article A11.0 or Article A12.0. A4.0 FUNDS AND CARRYING OUT THE PROJECT A4.1 Funds Provided. The Province will: (a)provide the Recipient with Funds up to the Maximum Funds for thepurpose of carrying out the Project; (b)provide the Funds to the Recipient in accordance with the payment plan attached to the Agreement as Schedule “E”; and (c)deposit the Funds into an account the Recipient designates providedthat the account: (i)resides at a Canadian financial institution; and (ii)is in the name of the Recipient. A4.2 Limitation on Payment of Funds. Despite section A4.1: (a)the Province is not obligated to provide any Funds to the Recipient untilthe Recipient provides the certificates of insurance or other proofrequired pursuant to section A10.2; (b)the Province is not obligated to provide instalments of Funds until it issatisfied with the progress of the Project; and (c)the Province may adjust the amount of Funds it provides to the Recipientfor any Funding Year based upon the Province’s assessment of theinformation the Recipient provides to the Province pursuant to section A7.2. TP Agreement – Shortened Page 9 of 25 A4.3 Use of Funds and Carry Out the Project. The Recipient will do all of the following: (a)carry out the Project in accordance with the Agreement; (b)use the Funds only for the purpose of carrying out the Project; (c)spend the Funds only in accordance with the Budget; (d)not use the Funds to cover any cost that has been or will be funded orreimbursed by one or more of any third party, ministry, agency, ororganization of the Government of Ontario. (e)not use funds to cover any cost that has or will be funded by the recipients regular operating or capital budget. A4.4 Interest-Bearing Account. If the Province provides Funds before the Recipient’s immediate need for the Funds, the Recipient will place the Funds in an interest-bearing account in the name of the Recipient at a Canadian financial institution. A4.5 Interest. If the Recipient earns any interest on the Funds, the Province may do either or both of the following: (a)deduct an amount equal to the interest from any further instalments ofFunds; (b)demand from the Recipient the payment of an amount equal to the interest. A4.6 Rebates, Credits, and Refunds. The Province will calculate Funds based on the actual costs to the Recipient to carry out the Project, less any costs (including taxes) for which the Recipient has received, will receive, or is eligible to receive, a rebate, credit, or refund. A5.0 RECIPIENT’S ACQUISITION OF GOODS OR SERVICES, AND DISPOSAL OF ASSETS A5.1 Acquisition. If the Recipient acquires goods, services, or both with the Funds, it will do so through a process that promotes the best value for money. A5.2 Disposal. The Recipient will not, without the Province’s prior consent, sell, lease, or otherwise dispose of any asset purchased or created with the Funds or for which Funds were provided, the cost of which exceeded the amount as set out in Schedule “B” at the time of purchase. TP Agreement – Shortened Page 10 of 25 A6.0 CONFLICT OF INTEREST A6.1 Conflict of Interest Includes. For the purposes of Article A6.0, a conflict of interest includes any circumstances where: (a)the Recipient; or (b)any person who has the capacity to influence the Recipient’s decisions, has outside commitments, relationships, or financial interests that could,or could be seen by a reasonable person to, interfere with theRecipient’s objective, unbiased, and impartial judgment relating to theProject, the use of the Funds, or both. A6.2 No Conflict of Interest. The Recipient will carry out the Project and use the Funds without an actual, potential, or perceived conflict of interest unless: (a)the Recipient: (i)provides Notice to the Province disclosing the details of the actual, potential, or perceived conflict of interest; and (ii)requests the consent of the Province to carry out the Project withan actual, potential, or perceived conflict of interest; (b)the Province provides its consent to the Recipient carrying out theProject with an actual, potential, or perceived conflict of interest; and (c)the Recipient complies with any terms and conditions the Province may prescribe in its consent. A7.0 REPORTS, ACCOUNTING, AND REVIEW A7.1 Province Includes. For the purposes of sections A7.4, A7.5 and A7.6, “Province” includes any auditor or representative the Province may identify. A7.2 Preparation and Submission. The Recipient will: (a)submit to the Province at the address set out in Schedule “B” : (i)all Reports in accordance with the timelines and content requirements set out in Schedule “F”; (ii)any other reports in accordance with any timelines and content requirements the Province may specify from time to time; TP Agreement – Shortened Page 11 of 25 (b)ensure that all Reports and other reports are: (i)completed to the satisfaction of the Province; and (ii)signed by an authorized signing officer of the Recipient. A7.3 Record Maintenance. The Recipient will keep and maintain for a period of seven years from their creation: (a)all financial records (including invoices and evidence of payment)relating to the Funds or otherwise to the Project in a manner consistentwith either international financial reporting standards or generallyaccepted accounting principles or any comparable accounting standardsthat apply to the Recipient; and (b)all non-financial records and documents relating to the Funds orotherwise to the Project. A7.4 Records Review. The Province may, at its own expense, upon twenty-four hours’ Notice to the Recipient and during normal business hours enter upon the Recipient’s premises to conduct an audit or investigation of the Recipient regarding the Recipient’s compliance with the Agreement, including assessing any of the following: (a)the truth of any of the Recipient’s representations and warranties; (b)the progress of the Project; (c)the Recipient’s allocation and expenditure of the Funds. A7.5 Inspection and Removal. For the purposes of any Records Review, the Province may take one or both of the following actions: (a)inspect and copy any records and documents referred to in section A7.3; (b)remove any copies the Province makes pursuant to section A7.5(a). A7.6 Cooperation. To assist the Province in respect of its rights provided for in section A7.5, the Recipient will cooperate with the Province by: (a)ensuring that the Province has access to the records and documentswherever they are located; (b)assisting the Province to copy records and documents; TP Agreement – Shortened Page 12 of 25 (c)providing to the Province, in the form the Province specifies, anyinformation the Province identifies; and (d)carrying out any other activities the Province requests. A7.7 No Control of Records. No provision of the Agreement will be construed to give the Province any control whatsoever over any of the Recipient’s records. A7.8 Auditor General. The Province’s rights under Article A7.0 are in addition to any rights provided to the Auditor General pursuant to section 9.1 of the Auditor General Act (Ontario). A8.0 COMMUNICATIONS REQUIREMENTS A8.1 Acknowledge Support. Unless the Province directs the Recipient to do otherwise, the Recipient will in each of its Project-related publications, whether written, oral, or visual, including public announcements or communications: (a)acknowledge the support of the Province for the Project; (b)ensure that any acknowledgement is in a form and manner as theProvince directs; and (c)indicate that the views expressed in the publication are the views of the Recipient and do not necessarily reflect those of the Province. (d)obtain prior written approval from the Province before using anyGovernment of Ontario or ministry logo or symbol in any communications including press releases, published reports, radio andtelevision programs and public or private meetings, or in any other typeof promotional material, relating to the Project or this Agreement. A8.2 Notice of Project-Related Communications. Unless the Province directs the Recipient to do otherwise, the Recipient will provide written notice to the Province a minimum of 14 Business Days’ in advance of all Project-related publications, whether written, oral, or visual, including public announcements or communications. A9.0 INDEMNITY A9.1 Indemnify. The Recipient will indemnify and hold harmless the Indemnified Parties from and against any Loss and any Proceeding, unless solely caused by the gross negligence or wilful misconduct of the Indemnified Parties. TP Agreement – Shortened Page 13 of 25 A10.0 INSURANCE A10.1 Insurance. The Recipient represents, warrants, and covenants that it has, and will maintain, at its own cost and expense, with insurers having a secure A.M. Best rating of B+ or greater, or the equivalent, all the necessary and appropriate insurance that a prudent person carrying out a project similar to the Project would maintain, including commercial general liability insurance on an occurrence basis for third party bodily injury, personal injury, and property damage, to an inclusive limit of not less than the amount set out in Schedule “B” per occurrence, which commercial general liability insurance policy will include the following: (a)the Indemnified Parties as additional insureds with respect to liability arising in the course of performance of the Recipient’s obligations under, or otherwise in connection with, the Agreement; (b)a cross-liability clause; (c)contractual liability coverage; and (d)at least 30 days’ written notice of cancellation. A10.2 Proof of Insurance. The Recipient will: (a)provide to the Province, either: (i)certificates of insurance that confirm the insurance coveragerequired by section A10.1; or (ii)other proof that confirms the insurance coverage required bysection A10.1; and (b)in the event of a Proceeding, and upon the Province’s request, the Recipient will provide to the Province a copy of any of the Recipient’s insurance policies that relate to the Project or otherwise to theAgreement, or both. A11.0 TERMINATION ON NOTICE A11.1 Termination on Notice. The Province may terminate the Agreement at any time without liability, penalty, or costs upon giving 30 days’ Notice to the Recipient. A11.2 Consequences of Termination on Notice by the Province. If the Province terminates the Agreement pursuant to section A11.1, the Province may take one or more of the following actions: TP Agreement – Shortened Page 14 of 25 (a)cancel further instalments of Funds; (b)demand from the Recipient the payment of any Funds remaining in the possession or under the control of the Recipient; and (c)determine the reasonable costs for the Recipient to wind down theProject, and do either or both of the following: (i)permit the Recipient to offset such costs against the amount theRecipient owes pursuant to section A11.2(b); and (ii)subject to section A4.1(a), provide Funds to the Recipient to cover such costs. A12.0 EVENT OF DEFAULT, CORRECTIVE ACTION, AND TERMINATION FOR DEFAULT A12.1 Events of Default. Each of the following events will constitute an Event of Default: (a)in the opinion of the Province, the Recipient breaches anyrepresentation, warranty, covenant, or other term of the Agreement, including failing to do any of the following in accordance with the termsand conditions of the Agreement: (i)carry out the Project; (ii)use or spend Funds; or (iii)provide, in accordance with section A7.2, Reports or such otherreports as the Province may have requested pursuant to sectionA7.2(a)(ii); (b)the Recipient’s operations, its financial condition, its organizationalstructure or its control changes such that it no longer meets one ormore of the eligibility requirements of the program under which theProvince provides the Funds; (c)the Recipient makes an assignment, proposal, compromise, orarrangement for the benefit of creditors, or a creditor makes anapplication for an order adjudging the Recipient bankrupt, or applies forthe appointment of a receiver; (d)the Recipient ceases to operate. A12.2 Consequences of Events of Default and Corrective Action. If an Event of Default occurs, the Province may, at any time, take one or more of the following actions: (a)initiate any action the Province considers necessary in order to facilitatethe successful continuation or completion of the Project; (b)provide the Recipient with an opportunity to remedy the Event of Default; (c)suspend the payment of Funds for such period as the Provincedetermines appropriate; (d)reduce the amount of the Funds; (e)cancel further instalments of Funds; (f)demand from the Recipient the payment of any Funds remaining in thepossession or under the control of the Recipient; (g)demand from the Recipient the payment of an amount equal to anyFunds the Recipient used, but did not use in accordance with theAgreement; (h)demand from the Recipient the payment of an amount equal to any Funds the Province provided to the Recipient; (i)demand from the Recipient the payment of an amount equal to the coststhe Province incurred or incurs to enforce its rights under the Agreement, including the costs of any Records Review and the costs it incurs to collect any amounts the Recipient owes to the Province; and (j)upon giving Notice to the Recipient, terminate the Agreement at anytime, including immediately, without liability, penalty or costs to the Province. A12.3 Opportunity to Remedy. If, pursuant to section A12.2(b), the Province provides the Recipient with an opportunity to remedy the Event of Default, the Province will give Notice to the Recipient of: (a)the particulars of the Event of Default; and (b)the Notice Period. A12.4 Recipient not Remedying. If the Province provides the Recipient with an opportunity to remedy the Event of Default pursuant to section A12.2(b), and: TP Agreement – Shortened Page 15 of 25 (a)the Recipient does not remedy the Event of Default within the NoticePeriod; (b)it becomes apparent to the Province that the Recipient cannot completely remedy the Event of Default within the Notice Period; or (c)the Recipient is not proceeding to remedy the Event of Default in a waythat is satisfactory to the Province, the Province may extend the Notice Period, or initiate any one or more of the actions provided for in sections A12.2(a), (c), (d), (e), (f), (g), (h), (i) and (j). A12.5 When Termination Effective. Termination under Article A12.0 will take effect as provided for in the Notice. A13.0 FUNDS AT THE END OF A FUNDING YEAR A13.1 Funds at the End of a Funding Year. Without limiting any rights of the Province under Article A12.0, if, by the end of a Funding Year, the Recipient has not spent all of the Funds allocated for that Funding Year as provided for in the Budget, the Province may take one or both of the following actions: (a)demand from the Recipient payment of the unspent Funds; (b)adjust the amount of any further instalments of Funds accordingly. A14.0 FUNDS UPON EXPIRY A14.1 Funds Upon Expiry. Upon expiry of the Agreement, the Recipient will pay to the Province any Funds remaining in its possession, under its control, or both. A15.0 DEBT DUE AND PAYMENT A15.1 Payment of Overpayment. If at any time the Province provides Funds in excess of the amount to which the Recipient is entitled under the Agreement, the Province may: (a)deduct an amount equal to the excess Funds from any further instalments of Funds; or (b)demand that the Recipient pay to the Province an amount equal to theexcess Funds. A15.2 Debt Due. If, pursuant to the Agreement: (a)the Province demands from the Recipient the payment of any Funds, an TP Agreement – Shortened Page 16 of 25 TP Agreement – Shortened Page 17 of 25 amount equal to any Funds or any other amounts owing under the Agreement; or (b)the Recipient owes to the Province any Funds, an amount equal to any Funds or any other amounts owing under the Agreement, whether or notthe Province has demanded their payment, such amounts will be deemed to be debts due and owing to the Province by the Recipient, and the Recipient will pay the amounts to the Province immediately, unless the Province directs otherwise. A15.3 Interest Rate. The Province may charge the Recipient interest on any money owing to the Province by the Recipient under the Agreement at the then current interest rate charged by the Province of Ontario on accounts receivable. A15.4 Payment of Money to Province. The Recipient will pay any money owing to the Province by cheque payable to the “Ontario Minister of Finance” and delivered to the Province at the address set out in Schedule “B". A15.5 Fails to Pay. Without limiting the application of section 43 of the Financial Administration Act (Ontario), if the Recipient fails to pay any amount owing under the Agreement, His Majesty the King in right of Ontario may deduct any unpaid amount from any money payable to the Recipient by His Majesty the King in right of Ontario. A16.0 NOTICE A16.1 Notice in Writing and Addressed. Notice will be: (a)in writing; (b)delivered by email, postage-prepaid mail, personal delivery, courier orfax; and (c)addressed to the Province or the Recipient as set out in Schedule “B”, oras either Party later designates to the other by Notice. A16.2 Notice Given. Notice will be deemed to have been given: (a)in the case of postage-prepaid mail, five Business Days after the Noticeis mailed; or (b)in the case of fax, one Business Day after the Notice is delivered; and (c)in the case of email, personal delivery or courier on the date on whichthe Notice is delivered. TP Agreement – Shortened Page 18 of 25 A16.3 Postal Disruption. Despite section A16.2(a), in the event of a postal disruption: (a)Notice by postage-prepaid mail will not be deemed to be given; and (b)the Party giving Notice will give Notice by email, personal delivery,courier or fax. A17.0 CONSENT BY PROVINCE AND COMPLIANCE BY RECIPIENT A17.1 Consent. When the Province provides its consent pursuant to the Agreement: (a)it will do so by Notice; (b)it may attach any terms and conditions to the consent; and (c)the Recipient may rely on the consent only if the Recipient complies with any terms and conditions the Province may have attached to the consent. A18.0 SEVERABILITY OF PROVISIONS A18.1 Invalidity or Unenforceability of Any Provision. The invalidity or unenforceability of any provision of the Agreement will not affect the validity or enforceability of any other provision of the Agreement. A19.0 WAIVER A19.1 Condonation not a waiver. Failure or delay by the either Party to exercise any of its rights, powers or remedies under the Agreement will not constitute a waiver of those rights, powers or remedies and the obligations of the Parties with respect to such rights, powers or remedies will continue in full force and effect. A19.2 Waiver. Either Party may waive any of its rights, powers or remedies under the Agreement by providing Notice to the other Party. A waiver will apply only to the specific rights, powers or remedies identified in the Notice and the Party providing the waiver may attach terms and conditions to the waiver. TP Agreement – Shortened Page 19 of 25 A20.0 INDEPENDENT PARTIES A20.1 Parties Independent. The Recipient is not an agent, joint venturer, partner, or employee of the Province, and the Recipient will not represent itself in any way that might be taken by a reasonable person to suggest that it is or take any actions that could establish or imply such a relationship. A21.0 ASSIGNMENT OF AGREEMENT OR FUNDS A21.1 No Assignment. The Recipient will not, without the prior written consent of the Province, assign any of its rights or obligations under the Agreement. A21.2 Agreement Binding. All rights and obligations contained in the Agreement will extend to and be binding on: (a)the Recipient’s heirs, executors, administrators, successors, andpermitted assigns; and (b)the successors to His Majesty the King in right of Ontario. A22.0 GOVERNING LAW A22.1 Governing Law. The Agreement and the rights, obligations, and relations of the Parties will be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. Any actions or proceedings arising in connection with the Agreement will be conducted in the courts of Ontario, which will have exclusive jurisdiction over such proceedings. A23.0 FURTHER ASSURANCES A23.1 Agreement into Effect. The Recipient will: (a)provide such further assurances as the Province may request from timeto time with respect to any matter to which the Agreement pertains; and (b)do or cause to be done all acts or things necessary to implement andcarry into effect the terms and conditions of the Agreement to their full extent. A24.0 JOINT AND SEVERAL LIABILITY A24.1 Joint and Several Liability. Where the Recipient comprises more than one entity, each entity will be jointly and severally liable to the Province for the fulfillment of the obligations of the Recipient under the Agreement. TP Agreement – Shortened Page 20 of 25 A25.0 RIGHTS AND REMEDIES CUMULATIVE A25.1 Rights and Remedies Cumulative. The rights and remedies of the Province under the Agreement are cumulative and are in addition to, and not in substitution for, any of its rights and remedies provided by law or in equity. A26.0 FAILURE TO COMPLY WITH OTHER AGREEMENTS A26.1 Other Agreements. If the Recipient: (a)has failed to comply with any term, condition, or obligation under anyother agreement with His Majesty the King in right of Ontario or one ofHer agencies (a “Failure”); (b)has been provided with notice of such Failure in accordance with therequirements of such other agreement; (c)has, if applicable, failed to rectify such Failure in accordance with the requirements of such other agreement; and (d)such Failure is continuing, the Province may suspend the payment of Funds for such period as the Province determines appropriate. A27.0 SURVIVAL A27.1 Survival. The following Articles and sections, and all applicable cross- referenced Articles, sections and schedules, will continue in full force and effect for a period of seven years from the date of expiry or termination of the Agreement: Article 1.0, Article 2.0, Article A1.0 and any other applicable definitions, section A2.1(a), sections A4.4, A4.5, A4.6, section A5.2, section A7.1, section A7.2 (to the extent that the Recipient has not provided the Reports or other reports as the Province may have requested and to the satisfaction of the Province), sections A7.3, A7.4, A7.5, A7.6, A7.7, A7.8, Article A8.0, Article A9.0, section A11.2, section A12.1, sections A12.2(d), (e), (f), (g), (h), (i) and (j), Article A13.0, Article A14.0, Article A15.0, Article A16.0, Article A18.0, section A21.2, Article A22.0, Article A24.0, Article A25.0 and Article A27.0. END OF GENERAL TERMS AND CONDITIONS TP Agreement – Shortened Page 21 of 25 SCHEDULE “B” PROJECT SPECIFIC INFORMATION AND ADDITIONAL PROVISIONS Maximum Funds $ Expiry Date March 31, 2025 Amount for the purposes of section A5.2 (Disposal) of Schedule “A” $ 5,000.00 Insurance $ 2,000,000 Contact information for the purposes of Notice to the Province Name: Program Development & Analytics Unit, Office of the Fire Marshal, Public Safety Division Ministry of the Solicitor General Attention: Katrina Nedeljkovich, Operations Manager Address: 2284 Nursery Road, Midhurst, ON, L0L 1N0 Phone: 705-305-4595 Email: Katrina.nedeljkovich@Ontario.ca / OFMGrants@Ontario.ca Contact information for the purposes of Notice to the Recipient Position: Address: Fax: Email: Contact information for the senior financial person in the Recipient organization (e.g., CFO, CAO) – to respond as required to requests from the Province related to the Agreement Position: Address: Fax: Email: Additional Provisions: None TP Agreement – Shortened Page 22 of 25 SCHEDULE “C” PROJECT The Ministry of the Solicitor General, Office of the Fire Marshal received Treasury Board (TB) approval for $30.0M grant over 3 years in funding to support the municipal fire service in acquiring critical equipment and other needs (health and safety, minor infrastructure and specialized tools) to improve and enhance the level of fire protection service being provided. These approved funds are provided through what is known as the Fire Protection Grant. Year one of the Fire Protection Grant focuses on firefighter health and safety (specifically cancer prevention measures) and minor infrastructure updates. These themes were chosen based on feedback from fire stakeholders across Ontario about the challenges and risks firefighters face in performing their duties. The Ministry has identified four categories of eligibility: •Cancer Prevention – Equipment (such as exhaust extraction systems in the fire station or washing machines for firefighting gear to remove contaminants, etc.) •Cancer Prevention - Personal Protective Equipment (such as facepieces, balaclavas, etc.) •Cancer Prevention – Minor Infrastructure (such as showers in the fire station, etc.) •Technology – Minor Infrastructure (such as bringing internet to fire stations that do not currently have access to improve connectivity and training opportunities, etc.) The grant application window opened on July 23, 2024 and closed September 5, 2024. TP Agreement – Shortened Page 23 of 25 SCHEDULE “D” BUDGET Funding will be provided to the upon execution of this Agreement. Funding will be provided to the explicitly for the purchase of one, or a combination of, the items prescribed within the listed summary in Schedule "C". Copies of all invoices and receipts for said items will be provided to the Office of The Fire Marshal as part of the Report Back described in Schedule “F” that forms part of this agreement. The funds must be committed to the project as approved by March 31st, 2025. Subsequently, the funds must be spent by the municipality by the end of Provincial Financial Quarter Three (Q3) (December 31, 2025). TP Agreement – Shortened Page 24 of 25 SCHEDULE “E” PAYMENT PLAN E.1 MAXIMUM FUNDS The Maximum Funds to be provided by the Province to the Recipient under this Agreement is set out in Schedule “B”. E.2 PAYMENT SCHEDULE The Funds will be provided to the Recipient for the Funding Year subject to the Agreement having been signed by the Province. TP Agreement – Shortened Page 25 of 25 SCHEDULE “F” REPORTS As a condition of the Fire Protection Grant, a report back to the Office of the Fire Marshal must be received by the end of Provincial Financial Quarter, Q3, to outline how the grant was utilized and the benefit(s) seen at the department level. As part of the report back the municipality will provide copies of all invoices and receipts for the items purchased for the approved project(s) as noted in Schedule C. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z804-2025 NORTH URBAN HOMES 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 “F” (Straffordville) by changing the zoning symbol on the lands Central Business District (C1-1)’ Zone to a ‘Site-Specific Uran Industrial (M4-7)’ Zone, which lands are outlined in heavy solid lines and marked “M4-7” on Schedule “F” (Straffordville) 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 23.13.7 Exceptions – Urban Industrial (M4) Zone by adding the following clauses: 23.13.7.1 Defined Area M4-7 as shown on Schedule “F” (Straffordville) to this By-law. 23.13.7.2 Prohibited Uses Agricultural Industrial Establishments; Animal Hospitals; Commercial Fishing Operations; Industrial Use, General, except for the warehousing and/or storage of any goods, substance, article, or thing; Industrial Use, Light; and, Public Utility Facilities and Services 23.13.7.3 Minimum Lot Frontage with no Public Water supply: 20.1m, 23.13.7.4 Minimum Side Yard Width 1.9m abutting residential uses; 1.2m abutting Third Street; and 23.13.7.5 Notwithstanding Section 4.28.4; Minimum Buffer Strip 1.9m abutting residential uses 3) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 17.11.1 Exceptions – Central Business District (C1) Zone by striking through the following clauses: 17.11.1.1 Defined Area C1-1 as shown on Schedule “F” to this By-law. 17.11.1.2 Minimum Side Yard Width Where a yard abuts a residential zone: Existing side yard width All other side yards: 6.0 metres 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z805-2025 BANMAN 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 “F” (Straffordville) by changing the zoning symbol on the lands ‘Village Residential (R1)’ Zone to a ‘Site-Specific Village Residential (R1-23)’ Zone which lands are outlined in heavy solid lines and marked “R1-23” on Schedule “F” (Straffordville) 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 23.13.7 Exceptions – Urban Industrial) Zone by adding the following clauses: 10.12.23.1 Defined Area R1-23 as shown on Schedule “F” (Straffordville) to this By-law. 10.12.23.2 Minimum Lot Frontage of Part 2 of Plan 11R-11288 with no Public Water supply: 18.8m, 10.12.23.3 Minimum Lot Area of Part 1 of Plan 11R-11288 809m² with municipal sanitary servicing; and 10.12.23.4 Minimum Lot Area of Part 2 of Plan 11R-11288 565m² with municipal sanitary servicing 3) 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z806-2025 BEARD 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 “F” (Straffordville) by changing the zoning symbol on the lands ‘Agricultural (A1)’ Zone to a combined ‘Agricultural and Temporary (A1/T2-10)’ which lands are outlined in heavy solid lines and marked “A1/T2-10” on Maps “1” and “2” 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 26.4 Defined Areas and End Dates – Temporary (T) Zone by adding the following clauses: 26.4.10 A1/T2-10 as shown on Maps “1” and “2”, for garden suite in the form of a one-storey transportable pre-fabricated dwelling unit, for a period not to exceed ten (10) years, ending May 1, 2035 3) 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 1st DAY OF MAY 2025. READ A THIRD TIME AND FINALLY PASSED THIS 1st DAY OF MAY 2025. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2025-032 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE COUNCIL MEETING HELD MAY 1, 2025 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 1, 2025 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 1st DAY OF MAY, 2025. ____________________________ _____________________________ MAYOR CLERK