35 Alice Street, Brighton ON KOK 1H0 Meeting Date: August 12, 2019 Location: Council Chambers Time: 6:30 PM Council Agenda Page 1. Call to Order 2. Approval of Agenda 2.1. Approval of the August 12, 2019 Council Agenda 3. Declarations of Pecuniary Interests and the General Nature Thereof 4. Announcements 4.1. Highway of Heros Bike Ride 2019 Highway of Heros Ride - Road Request Letter 2019 Highway of Heros Ride - Road Map Highway of Heroes Bike Ride -Application for road use or special event 6 - 12 5. Adoption of Minutes 5.1. Special Meeting of Council Minutes July 3, 2019 Special Council Meeting - 03 Jul 2019 - Minutes - Pdf 13 - 15 5.2. Special Meeting of Council Minutes July 9, 2019 Special Council Meeting - 09 Jul 2019 - Minutes - Pdf 16 - 17 5.3. Special Meeting of Council Minutes July 10, 2019 Special Council Meeting - 10 Jul 2019 - Minutes - Pdf 18 - 19 5.4. Council meeting Minutes July 15, 2019 Council Meeting - 15 Jul 2019 - Minutes - Pdf 20 - 28 5.5. Council Planning meeting Minutes July 17, 2019 meeting Minutes Council PLANNING Meeting - 17 Jul 2019 - Minutes - Pdf 29 - 33
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35 Alice Street, Brighton ON KOK 1H0 Council Agenda
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35 Alice Street, Brighton ON KOK 1H0
Meeting Date: August 12, 2019
Location: Council Chambers
Time: 6:30 PM
Council Agenda
Page
1. Call to Order
2. Approval of Agenda 2.1. Approval of the August 12, 2019 Council Agenda
3. Declarations of Pecuniary Interests and the General Nature Thereof
4. Announcements 4.1. Highway of Heros Bike Ride
2019 Highway of Heros Ride - Road Request Letter
2019 Highway of Heros Ride - Road Map
Highway of Heroes Bike Ride -Application for road use or special event
6 - 12
5. Adoption of Minutes 5.1. Special Meeting of Council Minutes July 3, 2019
Special Council Meeting - 03 Jul 2019 - Minutes - Pdf
13 - 15
5.2. Special Meeting of Council Minutes July 9, 2019
Special Council Meeting - 09 Jul 2019 - Minutes - Pdf
16 - 17
5.3. Special Meeting of Council Minutes July 10, 2019
Special Council Meeting - 10 Jul 2019 - Minutes - Pdf
18 - 19
5.4. Council meeting Minutes July 15, 2019
Council Meeting - 15 Jul 2019 - Minutes - Pdf
20 - 28
5.5. Council Planning meeting Minutes July 17, 2019 meeting
Minutes
Council PLANNING Meeting - 17 Jul 2019 - Minutes - Pdf
29 - 33
Page
Agenda: Municipality of Brighton Council Meeting Monday, August 12, 2019
6. Statutory Public Meeting 6.1. Public consultation on the 2019 Development Charges Study
2019 Brighton Development Charges Background Study
Development Charges Background Study Presentation
34 - 197
7. Delegations/Presentations 7.1. Catherine Barr - Representing the Municipal Property
Assessment Corporation (MPAC)
7.2. Nancy Penrose to address Council regarding the Brighton off
leash recreation area for dogs.
Delegation Form - Nancy Penrose
198
8. Citizens Comments
9. Staff Reports 9.1. Curling Club Roof Replacement Tender Report
Curling Club Roof Replacement Tender Report - Pdf
199 - 200
9.2. Physician Recruitment Partnership Program Agreement
Physician Recruitment Partnership Program Report and Agreement
201 - 204
9.3. Sign Control By-Law #143-2003
Output Document - Pdf
205 - 229
9.4. Rate Of Speed By-Law
Output Document - Pdf
230 - 281
9.5. Procurement Policy Review Report
Procurement Policy Review Report - Pdf
282 - 322
10. Notice of Motions & Motions 10.1. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Brushing and tree removal:
1. Brushing and tree removal at roadway intersections for improved field of view and safety.
2. Approval of spending of up to $120,000.
3. Recommended brushing locations by Staff.
Page 1 of 371
Page
Agenda: Municipality of Brighton Council Meeting Monday, August 12, 2019
4. Work to be completed by December 1, 2019. 10.2. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Designated Staff/Bylaw Enforcement Officer, reviews with Codrington Pit Operation management that all trucking vehicles are adhering to the transportation routes as stipulated in “The Agreements of Operation”
10.3. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Designated Staff, Revises Municipal Purchasing terms to include:
1. Time & Materials Standing Offers Agreements by municipal vendors to be considered
“same-as” a tender. Values not to exceed amounts approved by council.
2. Staff report, on the in-place Municipal Managements’ spending approval levels and if
adjustments are required to improve town efficiencies.
10.4. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Staff to prepare report that is a cost benefit review of new fire hall rental vs ownership.
10.5. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Downtown Painting and Roadway Marking:
1. Painting of curbs, parking lines and designated handicap spaces.
2. Repainting roadway center lines, stop lines, crosswalks.
Page 2 of 371
Page
Agenda: Municipality of Brighton Council Meeting Monday, August 12, 2019
3. Approval of spending of up to $120,000.
4. Work to be completed by Sept 15, 2019. 10.6. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Staff to report on the Pet Waste Stations feasibility:
1. Benefits of Pet Waste Stations
2. Recommended waste bags material
3. Recommended locations within the Municipality
4. Acquisition and Installation cost per Pet Waste Station
5. Installation timing.
11. Unfinished Business
12. By-Laws 12.1. By-law to establish a Rural Broadband - Internet Committee
By-law 000-2019- Rural Broadband Committee
RURAL BROADBAND COMMITTEE - TERMS OF REFERENCE
323 - 325
12.2. Authorizing By-law
Bylaw for Drain Bros. Excavating Ltd. - August 12 meeting
326
12.3. Procurement Policy By-law
Procurement Bylaw
327 - 366
13. Reports of Advisory Committees of Council Reports/Minutes & Council Reports
14. Reports/Minutes of Statutory Committees, Boards & External Agencies
15. Correspondence, Direction Items, Endorsements, Communications/Petitions
15.1. Support for Rail Safety Week.
Resolution in Support of Rail Safety Week.
367 - 368
15.2. Support for a resolution recommending that the International
Joint Commission Plan be rescinded.
Resolution from the Village of Sodus
369 - 370
Page 3 of 371
Page
Agenda: Municipality of Brighton Council Meeting Monday, August 12, 2019
15.3. Support for an investigation into the flooding events that affected communities along the shoreline of Lake Ontario.
Resolution - Corporation of the Town of Cobourg
371 - 372
16. FYI Correspondence
17. Question Period
18. In Camera Session 18.1. Pursuant to the Ontario Municipal Act, 2001 as amended,
Subsection 239 (2(b)) personal matters about an identifiable individual, including municipal or local board employees.
19. Confirmatory By-Law 19.1. Confirm the proceedings of the August 12, 2019 Council
meeting.
20. Adjournment 20.1. Adjournment of the August 12, 2019 Council meeting.
Page 4 of 371
28 Currie St., Unit 24, Barrie, ON L4M 5N4
Municipality of Brighton 35 Alice Street, Brighton, ON K0K 1H0
This letter is to serve as the formal request for permission to use the roads within the
Township of Brighton for the Wounded Warriors Highway of Heroes Bike Ride on
Saturday August 24th and Sunday August 25th, 2019. This charity ride is a fundraiser
for the Wounded Warriors project to bring awareness to stress injuries like Post-
Traumatic Stress Disorder.
Day One – Saturday, August 24th , 2019 – from 9:00AM to 12:00PM Ride start location: CFB Trenton, ON – Afghanistan Memorial Ride finish location: Bowmanville, ON Road Usage within the County of Northumberland:
- Telephone Rd beginning in Trenton, ON
- Alexander Rd south from Hwy 3 to Little Lake Road
- Little Lake Road west to Purdy Rd
- Purdy Rd west to Orchard Rd west
- Orchard Rd west to Telephone Rd west to Shelter Valley Rd
- Shelter Valley Rd south to County Rd 2
- Workman Rd north to Elgin St E west (Cobourg)
OPP Services will be contracted to assist at locations where traffic is of concern. All
cyclists will obey the rules of the road and we are NOT requesting any road or lane
closures. An insurance certificate with will be forth coming.
When your staff is satisfied with the details of the event, we request a letter, or email, of
support for the event.
Page 6 of 371
28 Currie St., Unit 24, Barrie, ON L4M 5N4
Thanks in advance for all of your support, and we look forward to a safe and successful event. Regards, Greg Rawson Ride Director Cell: (289)980-2843
iiui’iii’oIN I APPUCAUON FOR ROAD USE FOR SPECIAL EVENT$
Name of Event: Highway of Heroes Organization: Wounded WarriorsApplicant’s Name: Greg Rawson Position: Event ManaoerMailing Address: 28 Currie SI, Unit 24, Barrie, ON, L4M5N4Telephone No.: (289)980-2843 I Fax: I Email: gregcEimultispoflcanada,i
TYPE OF SPECJAL EVENTn Parade ‘i/Bicycle Race a Walk-A-mon a Procession a Street Festivities
a Running Event D Sidewalk Sale a Other (specify)Route (roads) hltps:!/hdewithgps.comlroutes!3049691 1 (Map for route including cuesheet onCounty Road Numbers(A map showing the locations of the road closure must be attached.)Signage required: a Yes I o No Date signs will be picked up by:________________(A map showing the locations of the signs must be attached.)Date of Event: Aug 24&25, 2O1vent Start Time 9:00 am/pm Event Finish 3:00 am/pmLLBO Event’4o aYes (permit to be attached) Number of Participants: 150Number of washrooms provided: I Security after 8:00 pm provided by:This event requires a Road Closure aYes 1!Ao
Time to close road: am/pm Time to re-open road: am/pm
‘,map showing the locations oftvApproval from O.P.P.
Approval from the Health Unit(if selling/serving food)
u.Approval from the Fire Chief
This form is to be delivered to the MUNICI A OF BRIGHTON, Clerk’s Department, 35 Alice Street,Brighton, ON, 1<0K 1HO — Fax 613-475-3453 — NO LATER THAN iWO (2) WEEKS PRIOR TO THEEVENT. Please note — more time may be required for summer events. Please check with the PublicWorks department for exact requirements.
Check List: Please attach the following mandatory documentation:‘%kertificate of Public Liability Insurance attached — Minimum $2,000,000.00 (with loss
payable to the Municipality of Brighton)the road closur
om
iht)
‘4/9
2
SignatuSignatui
Sign
Date 09 A’Ji9Date
This section to be completed by the Municipality of Brighton:
Road Closing By-Law Required Yes______ No________
Approved by Public Works Department: Signatur
_______________
Date
____________
Municipal Approval: Signature_________________________________ Date ?d
Page 9 of 371
Municipality of Brighton35 Alice Street, Brighton, ONKOK 1HO
This letter is to serve as the formal request for permission to use the roads within the
Township of Brighton for the Wounded Warriors Highway of Heroes Bike Ride on
Saturday August 24th and Sunday August 25th, 2019. This charity ride is a fundraiser
for the Wounded Warriors project to bring awareness to stress injuries like Post-
Traumatic Stress Disorder.
Day One — Saturday. August 24th , 2019—from 9:00AM to 12:00PM
Ride start location: CFB Trenton, ON — Afghanistan Memorial Ride finish location:Bowmanville, ON
Road Usage within the County of Northumberland:- Telephone Rd beginning in Trenton, ON- Alexander Rd south from Hwy 3Gto Little Lake Road- Little Lake Road west to Purdy Rd- Purdy Rd west to Orchard Rd west- Orchard Rd west to Telephone Rd west to Shelter Valley Rd- Shelter Valley Rd south to County Rd 2- Workman Rd north to Elgin St S west (Cobourg)
app Services will be contracted to assist at locations where traffic is of concern. All
cyclists will obey the rules of the road and we are NOT requesting any road or lane
closures. An insurance certificate with will be forth coming.
When your staff is satisfied with the details of the event, we request a letter, or email, of
support for the event.
28 Currie St., Unit 24, Barrie, ON L4M 5N4 Page 10 of 371
2019 HHR - Day One - 80km · Ride with GPS Page 1 of I
2OIWHHR -°bYâ’ One - 80km
2019 HHR - Day One -
80kmBy JayVee
Cuesheet
Continue onto RCAF Rd
Turn left onto Curtis Rd
Continue onto Dixon Dr
Turn right onto FrDnt SUCounty Rd33 (signs (or ON-401)
3.8 km
Turn left onto Store St 5.1 km
— Turn right onto Wooler Rd 5.2 km
Turn left onto Telephone4- Rd/Regional Rd 42
Turn left onto Christiani Rd 1 2.4 km
.. Turn right onto Telephone Rd 12.5km
.. Turn left onto County Rd 26 17.8 km
Turn left onto County Rd 30 20.1 km
Turn right onto Dorman St 21.9 km
— Turn left onto Kingsley Ave 22.1 km
Continue onto King St W 35.2 km
t Turn left onto Ontario St 35.6 km
Continue onto Lakeport Rd 39.3 km
Continue onto Beach Rd/Wicklowt 43.1 km
Beach Rd
-. Turn left onto County 2 Rd W
—, Turn right onto Workman Rd
Turn left onto Elgin St E
.. Turn right onto Ontario St
— Turn left onto Dan(orth Rd W
Turn left onto DaleRd/Northumberland County Rd74/Regional Rd 74
C -—-—-if CANCELlATiON WShould any of en. above d.,cdb.d policies B. cancelled before the expiration date th,r.oI, the isiuln company wiii endeavor to mail _j_ day, written nouce to to.
certificate hoider named above, but fadure to mail such notice shall impose no Dbiigation or liability 01 any bind upon liii company, its agents of r.preaentattves.
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Brian Ostrander, Deputy Mayor Laura Vink, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley and Councillor Mary Tadman
Staff present: Bob Casselman, CAO/Deputy Clerk
1. Call to Order 1.1. The meeting was called to order at 6:00 p.m.
2. Approval of Agenda 2.1. Approval of the Special Meeting July 3, 2019 Resolution No. 2019-467
Moved by Councillor Mark Bateman
Seconded by Deputy Mayor Laura Vink
That Council approve the July 3, 2019 Special meeting agenda as presented.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof
4. Topic of Special Council meeting 4.1. Closed Session for Council training regarding Mature
Neighbourhood Study, Official Plan and Zoning By-law Updates.
5. Closed Session 5.1. Pursuant to the Ontario Municipal Act, 2001 Subsection
239(3.1) a meeting to be held for the purpose of educating and training the members of Council; and Subsection 239(2(b)) personal matters about an identifiable individual, including municipal or local board employees; policy review.
Resolution No. 2019-468
Moved by Councillor Doug LeBlanc
Seconded by Councillor Emily Rowley
That Council resolve itself into Closed Session July 3, 2019 at 6:02 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1) and Subsection 239(2(b).
Carried Resolution No. 2019-469
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
That Council rise and report from Closed Session July 3, 2019 at 8:00 p.m.
Carried
6. Resolutions Brought Forward From Closed Session 6.1. Payment of invoices submitted for brushing and to
Page 13 of 371
July 03, 2019 Municipality of Brighton
Special Council Meeting
complete a brushing contract. Resolution No. 2019-470
Moved by Councillor Doug LeBlanc
Seconded by Councillor Emily Rowley
That Council authorize the Mayor and the Treasurer to approve payment of invoices submitted to date for Brushing and to complete the Brushing Contract utilizing an Equipment Roster for the hourly rental of equipment.
That Council authorize a variance to Purchasing Policy By-law #371-2006 to allow the Director of Public Works to complete Works for Ditching, Road Grading/Graveling, and Surface Treatment utilizing an Equipment Roster for the hourly rental of equipment and the purchase of aggregate.
For Against Abstained COI Absent
Mayor Brian Ostrander x Deputy Mayor Laura Vink x Councillor Ron Anderson x Councillor Mark Bateman x Councillor Doug LeBlanc (Moved By)
x
Councillor Emily Rowley (Seconded By)
x
Councillor Mary Tadman x
7 0 0 0 0
CARRIED.
7. Question Period
8. Confirmatory By-Law 8.1. Confirm the proceedings of the July 3, 2019 Special
Council meeting. Resolution No. 2019-471
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 3, 2019.
Carried
9. Adjournment 9.1. Adjournment of the July 3, 2019 Special Council meeting Resolution No. 2019-472
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That the July 3, 2019 Special Council meeting adjourn at 8:02 p.m.
Carried
Brian Ostrander, Mayor Bob Casselman CAO/Deputy
Clerk
Page 1 of 2Page 14 of 371
July 03, 2019 Municipality of Brighton
Special Council Meeting
Page 2 of 2Page 15 of 371
Corporation of the Municipality of Brighton
Special Council Meeting Minutes
July 9, 2019
12:30 PM
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, Councillor Mary Tadman, and Deputy Mayor Laura Vink
Staff present: Bob Casselman, CAO/Deputy Clerk; Preston Parkinson, Director of Public Works and Infrastructure; Scott Poole, Manager of Capital Infrastructure
Members Absent:
1. Call to Order 1.1. The meeting was called to order at 12:30 p.m.
2. Approval of Agenda 2.1. Approval of Special Council Meeting July 9, 2019 Resolution No. 2019-473
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Ron Anderson
That Council approve the July 9, 2019 Special Council meeting agenda as presented or amended.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof
4. Topic of Special Council meeting 4.1. Closed Session for Council and Senior Staff Facility Tour
5. Closed Session 5.1. Pursuant to the Ontario Municipal Act, 2001 Subsection
239(3.1) a meeting to be held for the purpose of educating and training the members of Council, and, at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council.
Resolution No. 2019-474
Moved by Councillor Ron Anderson
Seconded by Deputy Mayor Laura Vink
That Council resolve itself into Closed Session July 9, 2019 at 12:41 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1).
Carried Resolution No. 2019-475
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council rise and report from Closed Session July 9, 2019 at 2:36 p.m.
Carried
6. Resolutions Brought Forward From Closed Session Page 16 of 371
July 09, 2019 Municipality of Brighton
Special Council Meeting
6.1. The release of information about the "Facility Tour" Resolution No. 2019-476
Moved by Councillor Ron Anderson
Seconded by Deputy Mayor Laura Vink
That Council authorize the Mayor to release information about the "Facility Tour" and land use planning training meetings.
Carried
7. Confirmatory By-Law 7.1. Confirm the proceedings of the July 9, 2019 Special
Council meeting Resolution No. 2019-477
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Ron Anderson
That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 9, 2019.
Carried
8. Adjournment 8.1. Adjournment of the July 9, 2019 Special Council meeting Resolution No. 2019-478
Moved by Councillor Doug LeBlanc
Seconded by Deputy Mayor Laura Vink
That the July 9, 2019 Special Council meeting adjourn at 8:37 p.m.
Carried
Brian Ostrander, Mayor Bob Casselman, CAO/Deputy
Clerk
Page 1 of 1Page 17 of 371
Corporation of the Municipality of Brighton
Special Council Meeting Minutes
July 10, 2019
6:00 PM
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, and Deputy Mayor Laura Vink
Staff present: Bob Casselman, CAO/Deputy Clerk
Members Absent: Councillor Mary Tadman
1. Call to Order 1.1. The Special Meeting of Council was called to order at 6:00
p.m.
2. Approval of Agenda 2.1. Approval of the Special Meeting Agenda for July 10, 2019 Resolution No. 2019-479
Moved by Councillor Doug LeBlanc
Seconded by Councillor Emily Rowley
That Council approve the July 10, 2019 Special Meeting Agenda as presented or amended.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. None declared.
4. Topic of Special Council meeting 4.1. Closed session for Council training regarding Development
Process
5. Closed Session 5.1. Pursuant to the Ontario Municipal Act, 2001 Subsection
239(3.1) a meeting to be held for the purpose of educating and training the members of Council, and, at the meeting, no member discusses or otherwise deals with any matter in a way that materially advances the business or decision-making of the Council.
Resolution No. 2019-480
Moved by Councillor Doug LeBlanc
Seconded by Councillor Emily Rowley
That Council resolve itself into Closed Session July 10, 2019 at 6:01 p.m., pursuant to the Ontario Municipal Act, 2001 Subsection 239 (3.1).
Carried Resolution No. 2019-481
Moved by Councillor Emily Rowley
Seconded by Councillor Doug LeBlanc
That Council rise and report from Closed Session July 10, 2019 at 7:46 p.m.
Carried
6. Resolutions Brought Forward From Closed Session 6.1. Release of the amended presentations from the closed
Page 18 of 371
July 10, 2019 Municipality of Brighton
Special Council Meeting
session. Resolution No. 2019-482
Moved by Councillor Emily Rowley
Seconded by Councillor Ron Anderson
That Council authorizes the release of the presentations from the closed session meetings held on July 3rd and July 10th, 2019 including information about land use planning processes, and policies to the public.
Carried
7. Confirmatory By-Law 7.1. Confirm the proceedings of the July 10, 2019 Special
Council Meeting. Resolution No. 2019-483
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council gives a by-law its first, second and third reading and finally passes on this date; being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council Meeting held on July 10, 2019.
Carried
8. Adjournment 8.1. Adjournment of the July 10, 2019 Special Council Meeting Resolution No. 2019-484
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That the July 10, 2019 Special Council meeting adjourn at 7:48 p.m.
Carried
Brian Ostrander, Mayor Bob Casselman, CAO/Deputy
Clerk
Page 1 of 1Page 19 of 371
Corporation of the Municipality of Brighton
Council Meeting Minutes
July 15, 2019
6:30 PM
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, Councillor Mary Tadman, and Deputy Mayor Laura Vink
Staff present: Bob Casselman CAO; Rick Caddick, Fire Chief; Jim Millar, Director of Parks & Recreation; Linda Widdifield, Director of Finance & Administrative Services; Preston Parkinson, Director of Public Works; Scott Poole, Manager of Capital Infrastructure, and, Patrick Silvestro, Deputy Clerk
1. Call to Order 1.1. The meeting was called to order at 6:30 p.m.
2. Approval of Agenda 2.1. Approval of the July 15, 2019 Council Agenda Resolution No. 2019-485
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That Council approve the July 15, 2019 Council Meeting Agenda as presented or amended.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. None declared.
4. Announcements 4.1. Quinte Access has announced a new public transit
route in Brighton.
Councillor Mary Tadman announced the new public transit route provided by Quinte Access that would include the
Municipality of Brighton. The buses will run from 9:00
a.m. to 3:00 p.m. on Sundays from July until
November with stops in a variety of places throughout
the Municipality; there is no fee to users of this
service.
5. Adoption of Minutes 5.1. Council meeting June 3, 2019 minutes Resolution No. 2019-486
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That Council approve the June 3, 2019 Council meeting minutes as presented or amended.
Carried 5.2. Planning meeting June 10, 2019 minutes
Page 20 of 371
July 15, 2019 Municipality of Brighton
Council Meeting
Resolution No. 2019-487
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That Council approve the June 10, 2019 Planning meeting minutes as presented or amended.
Carried 5.3. Special Council meeting June 17, 2019 Resolution No. 2019-488
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council approve the June 17, 2019 Special Council meeting minutes as presented or approved.
Carried 5.4. Council meeting June 17, 2019 minutes Resolution No. 2019-489
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council approve the June 17, 2019 Council meeting minutes as presented or amended.
Carried
6. Statutory Public Meeting 6.1. No Statutory Public Meeting.
7. Delegations/Presentations 7.1. Monty Bourke, in support of maintaining the prohibition of
Firearm Discharge on Sundays.
Monty Bourke delegated to Council in support of maintaining the prohibition of Firearm Discharge on Sundays.Many members of the public signed documents to support the prohibition.
Resolution No. 2019-490
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive the delegation from Monty Bourke regarding support of maintaining the prohibition of Firearm Discharge on Sundays.
Carried 7.2. Larry Kinar and Craig Hayward to discuss the current state
and possible re-build of Walas Street and Marina Drive.
Larry Kinar and Craig Hayward presented a Power Point presentation to make a case for the re-build of Walas Street and Marina Drive
Resolution No. 2019-491
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
That Council receive the delegation from Larry Kinar and Craig Hayward regarding the current state and potential rebuild of Walas Street and Marina Drive.
Carried 7.3. Hannah MacAusland (and on behalf of Hana Haytaoglu) to
seek Council approval for funding and/or sponsorship so that they can represent the Municipality of Brighton as a part of Team Canada in various international science fairs.
Page 1 of 8Page 21 of 371
July 15, 2019 Municipality of Brighton
Council Meeting
Hannah MacAusland spoke on behalf of herself and Hana Haytaoglu; she informed Council of the activities they would be participating in at national and international science fairs as they represent the Municipality of Brighton.
Resolution No. 2019-492
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
That Council receive the delegation from Hannah MacAusland (and on behalf of Hana Hataoglu) regarding funding for international science fairs.
That Council approve the additional funds to Contract PW- 2018-14 Russel Napier and Monck Reconstruction in the amount of $143,065; and
That Council authorize staff to fund the Monck Street Storm Sewer extras from the Federal Gas Tax Reserve Fund; and
That Council authorize staff to transfer $8,880.00 from the Public Works Reserve for the additional pavement work on Russell Street.
Carried 9.2. Entrance Permit Application and Process Resolution No. 2019-494
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council approve the new Entrance Permit process and fee structure.
Carried 9.3. Movies in the Park Program Resolution No. 2019-495
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council direct staff to spend up to $2,000 from the Community Events Reserve Fund Account to cover any budgetary shortfall in funding the new Movies in the Park initiative this summer.
Carried
9.4. Results of Tender#2019-07 Asphalt Work at Parks Properties
Resolution No. 2019-496
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council award the asphalt paving tender # 2019-07 to Drain Brothers Excavating of Lakefield, Ontario for a bid price before HST of $ 74,450.00 and direct staff to create a By-law allowing
Page 2 of 8Page 22 of 371
July 15, 2019 Municipality of Brighton
Council Meeting
for the Mayor and CAO to enter into an agreement with Drain Brothers Excavating Ltd. for this work, and, further direct staff to resurface the Mount Hope Cemetery portion in 2019 and the Ontario Street boat launch portion in 2020.
Carried 9.5. Finance and Administration Department
That Council supports promotional advertising in the Anavets Magazine in the amount of $599.00, plus tax, and
That Council supports promotional advertising in the National Wall of Remembrance publication in the amount of $399.00, plus tax
Carried 9.6. 2019 Second Quarter Report Resolution No. 2019-498
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Emily Rowley
That Council receives the 2019 second quarter financial report as information.
Carried 9.7. Clerks Department
Summer Council Meeting Schedule Resolution No. 2019-499
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council suspend the Procedural By-law 126-2018 Section 4.2(d) and 4.3(d), to move the August Council and Planning meetings from the third of week to the second week of August (August 12th Regular Council meeting and August 14th Council Planning meeting).
Carried 9.8. 2019 Department Work Plans - Second Quarter Report Resolution No. 2019-500
Moved by Councillor Mary Tadman
Seconded by Councillor Doug LeBlanc
That Council approve the 2019 Department Work Plan Second Quarter Report as outlined in Schedule 1.
Carried
10. Notice of Motions & Motions 10.1. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Brushing and tree removal:
1. Brushing and tree removal at roadway intersections for improved field of view and safety.
2. Approval of spending of up to $120,000.
3. Recommended brushing locations by Staff.
4. Work to be completed by December 1, 2019. 10.2. Notice of Motion
Moved by - Councillor Douglas LeBlanc
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July 15, 2019 Municipality of Brighton
Council Meeting
Seconded by - Councillor Mark Bateman
Motion:
Designated Staff/Bylaw Enforcement Officer, reviews with Codrington Pit Operation management that all trucking vehicles are adhering to the transportation routes as stipulated in “The Agreements of Operation”.
10.3. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Designated Staff, Revises Municipal Purchasing terms to include:
1. Time & Materials Standing Offers Agreements by municipal vendors to be considered
“same-as” a tender. Values not to exceed amounts approved by council.
2. Staff report, on the in-place Municipal Managements’ spending approval levels and if
adjustments are required to improve town efficiencies.
10.4. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Staff to prepare report that is a cost benefit review of new fire hall rental vs ownership.
10.5. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Downtown Painting and Roadway Marking:
1. Painting of curbs, parking lines and designated handicap spaces.
2. Repainting roadway center lines, stop lines, crosswalks.
3. Approval of spending of up to $120,000.
4. Work to be completed by Sept 15, 2019. 10.6. Notice of Motion
Moved by - Councillor Douglas LeBlanc
Seconded by - Councillor Mark Bateman
Motion:
Staff to report on the Pet Waste Stations feasibility:
1. Benefits of Pet Waste Stations
2. Recommended waste bags material
3. Recommended locations within the Municipality
4. Acquisition and Installation cost per Pet Waste Station
5. Installation timing.
11. Unfinished Business 11.1. No unfinished business.
12. By-Laws 12.1. By-law - establish a Property Standards Committee
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July 15, 2019 Municipality of Brighton
Council Meeting
Resolution No. 2019-501
Moved by Councillor Mary Tadman
Seconded by Councillor Doug LeBlanc
That Council gives a by-law its first, second and third reading and passes on this date:
Being a By-Law to Establish a Property Standards Committee
Carried 12.2. By-law - execute Memorandum of Agreement with Bay of
That Council gives a by-law its first, second and third reading and finally passes on this date:
Being a By-law to authorize the Mayor and Clerk to execute a Memorandum of Agreement respecting the partnership between between The Corporation of the Municipality of Brighton and the Bay of Quinte Regional Marketing Board
Carried 12.3. By-law - for preliminary and final design services Re:
upgrade to the Harbour Street Sewage Pumping Station and installation of a new sewage forcemain from the pumping station to the sewage lagoon system.
Resolution No. 2019-503
Moved by Councillor Mary Tadman
Seconded by Councillor Emily Rowley
Being a By-law to authorize the Mayor and the Deputy Clerk to execute an Agreement between the Corporation of the Municipality of Brighton and J.L. Richards & Associates Limited for preliminary and final design services Re: upgrade to the Harbour Street Sewage Pumping Station and installation of a new sewage forcemain from the pumping station to the sewage lagoon system including contract administration and construction supervision.
Carried 12.4. BY-LAW- A BY-LAW OF THE CORPORATION OF THE
MUNICIPALITY OF BRIGHTON TO AUTHORIZE THE BORROWING UPON AMORTIZING DEBENTURES IN THE PRINCIPAL AMOUNT OF $1,234,243.85 TOWARDS THE COST OF THE ALICE STREET AND DUNDAS STREET PROJECTS
Resolution No. 2019-504
Moved by Councillor Mary Tadman
Seconded by Councillor Emily Rowley
BEING A BY-LAW TO AUTHORIZE THE BORROWING UPON AMORTIZING DEBENTURES IN THE PRINCIPAL AMOUNT OF $1,234,243.85 TOWARDS THE COST OF THE ALICE STREET AND DUNDAS STREET PROJECTS
Carried
13. Reports of Advisory Committees of Council Reports/Minutes & Council Reports 13.1. Community Events and Civic Awards Advisory Committee
Meeting Minutes from May 14, 2019 Resolution No. 2019-505
Moved by Councillor Emily Rowley
Seconded by Councillor Mary Tadman
Page 5 of 8Page 25 of 371
July 15, 2019 Municipality of Brighton
Council Meeting
That Council receive the Community Events and Civic Awards Advisory Committee Meeting Minutes from May 14, 2019 as presented.
Carried 13.2. Accessibility Advisory Committee Meeting Minutes from
May 10, 2019 Resolution No. 2019-506
Moved by Councillor Mary Tadman
Seconded by Councillor Doug LeBlanc
That Council receive the Accessibility Advisory Committee Meeting Minutes from May 10, 2019 as presented.
Carried 13.3. Heritage Advisory Committee Meeting Minutes from May
21, 2019 Resolution No. 2019-507
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That Council receive the Heritage Advisory Committee Meeting Minutes from May 21, 2019 as presented.
Carried 13.4. Applefest Advisory Committee Meeting Minutes from May
22, 2019 Resolution No. 2019-508
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
That Council receive the Applefest Advisory Committee Meeting Minutes from May 22, 2019 as presented.
Carried 13.5. Rural Advisory Committee Meeting Minutes from April 25,
2019. Resolution No. 2019-509
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
That Council receive the Rural Advisory Committee Meeting Minutes from April 25, 2019 as presented.
Carried
14. Reports/Minutes of Statutory Committees, Boards & External Agencies 14.1. Brighton Public Library meeting minutes - May 22, 2019 Resolution No. 2019-510
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive the Brighton Public Library meeting minute for May 22, 2019 as presented.
Carried
15. Correspondence, Direction Items, Endorsements, Communications/Petitions 15.1. Application for Road Use for Special Events, Rotary Street
Dance, July 27, 2019. Resolution No. 2019-511
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive and approve the Road Use for Special Events application for the Rotary Street Dance July 27, 2019.
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July 15, 2019 Municipality of Brighton
Council Meeting
Carried 15.2. Application for Road Use Application - Friends for Life Bike
Rally Resolution No. 2019-512
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive and approve the Road Use Application related to the Friends for Life Bike Rally.
Carried 15.3. Presqu'ile Point Property Owners' Association, Sunday
Discharge of Firearms. Resolution No. 2019-513
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive correspondence from Presqu'ile Point Property Owners' Association regarding Sunday Discharge of Firearms.
Carried 15.4. Hannah MacAusland and Hana Haytaoglu seeking
funding/sponsorship to participate in international science fairs.
Resolution No. 2019-514
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That Council receive and approve the request for funding/sponsorship for Hannah MacAusland and Hana Haytaoglu and direct staff to provide $1,000 to each of Ms. MacAusland and Ms. Haytaoglu (total is $2,000.00) from the Youth Initiative Fund.
Carried 15.5. A recommendation to Council from the Heritage Advisory
Committee.
HAC-Resolution No. 2019-22
Moved by Parise Herbert
Seconded by Deputy Mayor Laura Vink
That the Heritage Advisory Committee recommends to Council to place 85 Main Street and 136 Main Street on the Municipal Register List as per section 1.2 of the Ontario Heritage Act.
Carried Resolution No. 2019-515
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
That Council receive and approve the recommendation for listing 85 Main Street and 136 Main Street on the Municipal
Register List
Carried 15.6. A recommendation to Council from the Community Events
and Civic Awards Committee.
Resolution CECA-19-22
Moved by Thomas Rittwage
Seconded by Barb Gunter
That the Community Events and Civic Awards Advisory Committee supports accessible parking for all Committee events by providing eight accessible parking spaces in the municipal lot behind CIBC and on Veterans Way.
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July 15, 2019 Municipality of Brighton
Council Meeting
Carried Resolution No. 2019-516
Moved by Councillor Emily Rowley
Seconded by Councillor Mary Tadman
That Council approve the recommendation for additional accessible parking spaces at all Community Events and Civic Awards Advisory Committee events.
Carried
16. FYI Correspondence 16.1. No FYI Correspondence.
17. Question Period 17.1. No questions were received.
18. In Camera Session 18.1. No in camera session.
19. Confirmatory By-Law 19.1. Confirm the proceedings of the July 15, 2019 Council
meeting Resolution No. 2019-517
Moved by Councillor Mary Tadman
Seconded by Councillor Doug LeBlanc
That Council gives a by-law its first, second and third reading and finally passes on this date, being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 15, 2019.
Carried
20. Adjournment 20.1. Adjournment of the July 15, 2019 Council meeting Resolution No. 2019-518
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
That the July 15, 2019 Council meeting adjourn at 8:13 p.m.
Carried
Brian Ostrander, Mayor Patrick Silvestro, Deputy Clerk
Page 8 of 8Page 28 of 371
Corporation of the Municipality of Brighton
Council PLANNING Meeting Minutes
July 17, 2019
6:30 PM
The Council of the Corporation of the Municipality of Brighton met in Council Chambers on the above date at 6:30 p.m.
Members present: Mayor Brian Ostrander, Councillor Ron Anderson, Councillor Mark Bateman, Councillor Doug LeBlanc, Councillor Emily Rowley, Councillor Mary Tadman, and Deputy Mayor Laura Vink
Staff present: Bob Casselman CAO; Darryl Tighe, Planning Consultant Landmark Associates, and Patrick Silvestro, Deputy Clerk
1. Call to Order 1.1. Mayor Brian Ostrander called the meeting to order at 6:30
p.m.
Mayor Brian Ostrander included an announcement prior to the approval of the Agenda.
Mayor Brian Ostrander showed a trophy that the Municipality of Brighton was awarded for contributions in the “Keep the County Clean Challenge” that was conducted during the month of April. Mayor Brian Ostrander announced that The Municipality of Brighton received the trophy for the “Hardest Working Volunteers”, volunteers picked up an average of 30 kilograms of garbage per person.
2. Approval of Agenda 2.1. Approval of the July 17, 2019 Planning Agenda Resolution No. 2019-519
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
That Council approve the July 17, 2019 Planning Meeting Agenda as presented or amended.
Carried
3. Declarations of Pecuniary Interests and the General Nature Thereof 3.1. There were no disclosures.
4. Delegations 4.1. There were no delegations.
5. Statutory Public Meeting 5.1. Consent Application B12-2019 (AMENDED
APPLICATION) – Donna and John Loughlin, Part Lot 23, Concession 4, 1319 County Road 41
Resolution No. 2019-520
Moved by Councillor Ron Anderson
Seconded by Councillor Mark Bateman
1. That this report regarding Consent Application B12-2019 as prepared by the Municipal Planning Consultants be received; and
Page 29 of 371
July 17, 2019 Municipality of Brighton
Council PLANNING Meeting
2. That Council of the Municipality of Brighton grant provisional consent to application B12-2019, subject to the following conditions:
i. That each of the severed and retained parcels be rezoned to the satisfaction of the Municipality;
ii. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality;
iii. That confirmation be provided that the severed parcel is registered to a farm operation, to the satisfaction of the Municipality and prior to the issuance of the Certificate of Official;
iv. That the applicant shall layout and dedicate by deed to the County of Northumberland a strip of land ensuring 15.0 metres (50 feet) from the centreline of County Road 41, along the frontage of both the severed and retained parcels for road widening purposes;
v. That all taxes on each of the severed and retained lots be in compliance with the Municipal requirements prior to the issuance of the Certificate of Official; and
vi. That three paper copies and a digital copy of a registerable survey and the appropriate transfer/deed be prepared and deposited with the Municipal Clerk within one year of the granting of consent.
Carried 5.2. Consent Application B13-2019 – Michelle and Mark
Seaton
Application to Amend Zoning By-law No. 140-2002, as amended (File No. Z11-2019) – Michelle and Mark Seaton; Stuart and Roberta Seaton – Part Lot 33, Concession 2, Part 1 and 2 of Plan 39R-6329, Part 1 and 2 of Plan 39R-9769, 670 and 692 County Road 26
Resolution No. 2019-521
Moved by Councillor Mark Bateman
Seconded by Councillor Ron Anderson
1. That this report regarding Consent Application B13-2019 and Application Z11-2019 (Seaton) as prepared by the Municipal Planning Consultants be received; and
2. That Council of the Municipality of Brighton grant provisional consent to application B13-2019; subject to the following conditions:
i. That each the severed, retained and benefitting parcels be rezoned to the satisfaction of the Municipality of Brighton;
ii. That the severed parcel be merged on title with the adjoining property to the east and having Roll No. 1408 206 050 17405;
iii. That all taxes on each of the severed and retained lots be in compliance with Municipal requirements prior to the issuance of a Certificate of Official; and
iv. That three paper copies and a digital copy of a registerable survey and the appropriate deed/transfer be prepared and deposited with the Municipal Clerk within one year of the granting of consent.
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July 17, 2019 Municipality of Brighton
Council PLANNING Meeting
3. That Council enacts a By-law to rezone certain lands located in Part of Lot 33, Concession 2 from the ‘Rural (RU) Zone’ and Rural Residential (RR) Zone’ to ‘Rural Exception No. 55 (RU-55) Zone’; and from the ‘Rural (RU) Zone’ to ‘Rural Residential (RR) Zone’.
Carried 5.3. Application to Amend Zoning By-law No. 140-2002, as
amended (File No. Z12-2019) and Consent Application B14-2019 – Habitat for Humanity – Lot 10 N/S Price Street, Registered Plan 28, 22 Price Street West
Several comments were brought forward from the public regarding this application.
Lillian Sworbrick - Agrees with the build.
Mike Martello - Does not agree with allowing the owner of the property circumvent the Habitat for Humanity waiting list in order to proceed with the build.
Gerald Bedore - Is opposed to the idea of building a duplex, feels the owner should be able to build a new house with insurance money. Feels that more multi-residential properties will follow if this one is allowed.
LeeAnn Lowridge - Does not agree with having a duplex on the property.
This application was deferred; Some members of Council would like to here the result of Councillor Leblanc's inquiry regarding the need for a Record of Site Condition due to the fire that destroyed the original dwelling.
Resolution No. 2019-522
Moved by Councillor Mary Tadman
Seconded by Councillor Emily Rowley
That Council defer Consent Application B14-2019 and Zoning By-law Application Z12-2019 to August 14, 2019 for staff to investigate the requirements for a record of site condition.
Part Lot 31, Concession A, Part 1 of Registered Plan 38R-5824, including Parts 1 & 2 of Registered Plan 39R-6381, 255 Smith Street
Resolution No. 2019-523
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
1. That this report regarding Consent Application B15-2019 as prepared by the Municipal Planning Consultants be received; and
2. That Council of the Municipality of Brighton grant provisional consent to application B15-2019, subject to the following conditions:
i. That cash-in-lieu of parkland in the amount of $500 be paid to the Municipality;
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July 17, 2019 Municipality of Brighton
Council PLANNING Meeting
ii. That the retained lands be rezoned to the satisfaction of the Municipality;
iii. That confirmation be received from the County of Northumberland that septic permits can be obtained for the installation of a private individual sewage system on the severed lot;
iv. That all taxes on each of the severed and retained lots be in compliance with Municipal requirements prior to the issuance of a Certificate of Official; and
v. That three paper copies and a digital copy of a registerable survey and the appropriate deed/transfer be prepared and deposited with the Municipal Clerk within one year of the granting of consent.
Carried
6. Planning & Development Reports 6.1. Amendments to the Local Planning Appeal Tribunal Act
and the Planning Act (Bill 108 – More Homes, More Choice, 2019)
There was a five minute recess following this part of the meeting.
Resolution No. 2019-524
Moved by Deputy Mayor Laura Vink
Seconded by Councillor Mark Bateman
1. That Council receives the report regarding Amendments to the Local Planning Appeal Tribunal Act and Planning Act (Bill 108 – More Homes, More Choice, 2019) for information; and
2. That Council advise Staff of any further action required on behalf of the Municipality.
Carried 6.2. Applications for Site Plan Approval (Application No. SPA
003-2019), Part Lot 21, south side of Main Street, Registered Plan 28, being 153 Main Street - 1133253 Ontario Limited
Resolution No. 2019-525
Moved by Councillor Doug LeBlanc
Seconded by Councillor Mary Tadman
1. That Council receives the report regarding Site Plan Approval Application No. SPA 003-2019 (1133253 Ontario Limited), prepared by the Municipal Planning Consultant; and
2. That Council resolves to hereby grant Site Plan Approval under Section 41 of the Planning Act; and directs Staff to forward the site plan agreement to the Owner for execution;
3. That Council enacts a By-law to authorize the Mayor and Clerk to execute the site plan agreement.
Carried
7. Unfinished Business 7.1. No unfinished business.
That Council gives this by-law its first, second and third reading and finally passes on this date:
Being a By-law under the provisions of Section 34 of the Planning Act, R. S. 0., 1990, to amend By-law No. 140-2002, as otherwise amended, of the Corporation of the Municipality of Brighton as it applies to certain lands located in Part Lot 33, Concession 2, Part 1 and 2 of Plan 39R-6329, Part 1 and 2 of Plan 39R-9769, 670 and 692 County Road 26, in the Municipality of Brighton.
This by-law was deferred as the application was deferred.
9. Question Period 9.1. No questions.
10. In Camera Session 10.1. There were no items for consideration.
11. Confirmatory By-Law 11.1. Confirm the proceedings of the July 17, 2019 Planning
meeting Resolution No. 2019-527
Moved by Councillor Mary Tadman
Seconded by Councillor Emily Rowley
That Council gives a by-law its first, second and third reading and finally passes on this date, being a by-law to confirm the proceedings of the Corporation of the Municipality of Brighton Council meeting held on July 17, 2019.
Carried
12. Adjournment 12.1. Adjournment of the July 17, 2019 Planning Meeting Resolution No. 2019-528
Moved by Councillor Emily Rowley
Seconded by Councillor Mary Tadman
That the July 17, 2019 Planning Meeting adjourn at 7:15 p.m.
Carried
Brian Ostrander, Mayor Patrick Silvestro, Deputy Clerk
1.1 Purpose of this Document ....................................................................... 1-1
1.2 Summary of the Process ......................................................................... 1-2
1.3 Proposed Changes to the D.C.A.: Bill 108 – An Act to amend Various Statutes with Respect to Housing, Other Development, and Various Matters ....................................................................................... 1-3
1.4 Impact of Bill 108 on the Municipality’s D.C. Study Process ................... 1-6
Municipality of Brighton Current D.C. Policy ................................................ 2-1
Anticipated Development in the Municipality of Brighton ........................... 3-1
3.1 Requirement of the Act ........................................................................... 3-1
3.2 Basis of Population, Household and Non-Residential Gross Floor Area Forecast ......................................................................................... 3-1
3.3 Summary of Growth Forecast ................................................................. 3-2
Approach to the Calculation of the Charge ................................................... 4-1
4.10 Municipal-Wide vs. Area Rating ............................................................ 4-13
4.11 Allocation of Development .................................................................... 4-13
D.C. Eligible Cost Analysis by Service .......................................................... 5-1
5.1 Service Levels and 10-Year Capital Costs for Municipal-wide D.C. Calculation .............................................................................................. 5-1
5.2 Service Levels and 22-Year Capital Costs for Municipal-wide D.C. Calculation .............................................................................................. 5-8
5.3 Service Levels and Urban Buildout Capital Costs for Area-Specific D.C. Calculation .................................................................................... 5-12
Appendix A Background Information on Residential and Non-Residential Growth Forecast ............................................................................................. A-1
Appendix B Historical Level of Service Calculations ............................................ B-1
Appendix C Long-Term Capital and Operating Cost Examination ...................... C-1
Appendix D Local Service Policy ............................................................................ D-1
Appendix E Proposed D.C. By-law ..........................................................................E-1
¹ Census undercount estimated at approximately 3.5%. Note: Population including the undercount has been rounded.
² Includes townhouses and apartments in duplexes.
³ Includes bachelor, 1-bedroom and 2-bedroom+ apartments.
Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential
identified by the Municipalitiy of Brighton and Northumerland County.
His
tori
ca
lF
ore
cast
Inc
rem
en
tal
Population
(Including
Census
Undercount)¹
Year
Excluding Census Undercount Housing UnitsPerson Per Unit
(P.P.U.): Total
Population/
Total
Households
Page 54 of 371
Watson & Associates Economists Ltd. PAGE 3-5 Development Charges Background Study
Figure 3-2 Municipality of Brighton
Annual Housing Forecast
Source: Historical housing activity derived from Municipality of Brighton building permit data, 2009-2018.
1 Growth forecast represents calendar year.
77
95
7673
6259
63
99
115
86
80 80
50 50 50 50 50
10 10 10 10 10 10 10 10 10 10 9 9 9 9 9
0
20
40
60
80
100
120
140
Ho
usin
g U
nit
s
Years
Historical Low Density Medium Density High Density Historical Average
Page 55 of 371
Watson & Associates Economists Ltd. PAGE 3-6 Development Charges Background Study
2. Geographic Location of Residential Development (Appendix A – Schedule 2)
• Schedule 2 summarizes the anticipated amount, type, and location of
development for the Municipality of Brighton in the urban serviced area and
remaining rural areas.
• In accordance with forecast demand and available land supply, the percentage of
forecast housing growth between 2019 and 2041 by development location is
summarized below.
Development Location
Percentage of
Housing Growth,
2019 to 2041
Urban Area 85%
Rural Area 15%
Municipal Total 100%
3. Planning Period
• Short and longer-term time horizons are required for the D.C. process. The
D.C.A. limits the planning horizon for certain services, such as parks, recreation
and libraries, to a 10-year planning horizon. Services related to a highway,
public works, fire, police, stormwater, water and wastewater services can utilize a
longer planning period.
4. Population in New Housing Units (Appendix A - Schedules 3, 4 and 5)
• The number of housing units to be constructed in the Municipality of Brighton
during the short- and long-term periods is presented on Figure 3-2. Over the
2019 to 2041 forecast period, the Municipality is anticipated to average
approximately 25 new housing units per year.
Page 56 of 371
Watson & Associates Economists Ltd. PAGE 3-7 Development Charges Background Study
• Institutional population1 is anticipated to grow modestly by 48 persons between
2019 to 2041.
• Population in new units is derived from Schedules 3, 4, and 5, which incorporate
historical development activity, anticipated units (see unit mix discussion), and
average persons per unit (P.P.U.) by dwelling type for new units.
• Schedules 8a and 8b summarize the P.P.U. for the new housing units by age
and type of dwelling based on a 2016 custom Census data. The total adjusted
25-year average P.P.U.s by dwelling type are as follows:
o Low density: 2.448
o Medium density: 2.031
o High density2: 1.572
5. Existing Units and Population Change (Appendix A - Schedules 3, 4 and 5)
• Existing households for mid-2019 are based on the 2016 Census households,
plus estimated residential units constructed between mid-2016 and 2019
assuming a 6-month lag between construction and occupancy (see Schedule 3).
• The decline in average occupancy levels for existing housing units is calculated
in Schedules 3 through 5, by aging the existing population over the forecast
period. The forecast population decline in existing households over the 2019 to
2041 forecast period is approximately 525.
6. Employment (Appendix A, Schedules 10a, 10b, 10c, 11 and 12)
• Employment projections are largely based on the activity rate method, which is
defined as the number of jobs in a municipality divided by the number of
residents. Key employment sectors include primary, industrial, commercial/
population-related, institutional, and work at home, which are considered
individually below.
1 Institutional includes special care facilities such as nursing home or residences for senior citizens. A P.P.U. of 1.100 depicts 1-bedroom and 2 or more bedroom units in these special care facilities. 2 Includes bachelor, 1-bedroom and 2 or more bedroom apartments
Page 57 of 371
Watson & Associates Economists Ltd. PAGE 3-8 Development Charges Background Study
• 2016 employment data1 (place of work) for the Municipality of Brighton is outlined
in Schedule 10a. The 2016 employment base is comprised of the following
sectors:
o 90 primary (3%);
o 475 work at home employment (20%);
o 378 industrial (17%);
o 943 commercial/population related (38%); and
o 540 institutional (22%).
• The 2016 employment by usual place of work, including work at home, is
approximately 2,430.
• Total employment, including work at home for the Municipality of Brighton is
anticipated to reach approximately 2,670 by mid-2029 and 2,770 by mid-2041.
This represents an employment increase of 230 for the 10-year forecast period
and 320 for the longer-term forecast period.
• Schedule 10b, Appendix A, summarizes the employment forecast, excluding
work at home employment, which is the basis for the D.C. employment forecast.
The impact on municipal services from work at home employees has already
been included in the population forecast. Accordingly, work at home employees
have been removed from the DC employment forecast and calculation.
• Total employment for the Municipality of Brighton (excluding work at home
employment) is anticipated to reach approximately 2,140 by mid-2029 and 2,220
by mid-2041. This represents an employment increase of 180 and 260 over the
10-year and 22-year forecast periods, respectively.
7. Non-Residential Sq.ft. Estimates (Gross Floor Area (G.F.A.), Appendix A,
Schedule 10b)
• Square footage estimates were calculated in Schedule 10b based on the
following employee density assumptions:
o 1,300 sq.ft. per employee for industrial;
o 550 sq.ft. per employee for commercial/population-related; and
o 700 sq.ft. per employee for institutional employment.
1 2016 employment is based on Statistics Canada 2016 Place of Work Employment dataset by Watson & Associates Economists Ltd.
Page 58 of 371
Watson & Associates Economists Ltd. PAGE 3-9 Development Charges Background Study
• The Municipality-wide incremental Gross Floor Area (G.F.A.) is anticipated to
increase by approximately 139,100 sq.ft. over the 10-year forecast period and
216,300 sq.ft. over the 22-year forecast period.
• In terms of percentage growth, the 2019 to 2041 incremental G.F.A. forecast by
sector is broken down as follows:
o industrial – 54%;
o commercial/population-related – 29%; and
o institutional – 17%.
8. Geographic Location of Non-Residential Development (Appendix A, Schedule
10c)
• Schedule 10c summarizes the anticipated amount, type and location of non-
residential development for Municipality of Brighton by area.
• In accordance with forecast demand and available land supply, the percentage of
forecast total non-residential growth between 2019 and 2041 by development
1.1 Arterial roads 1.2 Collector roads 1.3 Bridges, Culverts and Roundabouts 1.4 Local municipal roads 1.5 Traffic signals 1.6 Sidewalks and streetlights 1.7 Active Transportation
100 100 100
0
100 100 100
2. Other Transportation Services
n/a n/a Yes
Yes
Yes Yes n/a n/a
2.1 Transit vehicles1 & facilities 2.2 Other transit infrastructure 2.3 Municipal parking spaces -
indoor 2.4 Municipal parking spaces -
outdoor 2.5 Works Yards 2.6 Rolling stock1 2.7 Ferries 2.8 Airport
100 100 90
90
100 100 90 90
3. Stormwater Drainage and Control Services
Yes
No No
3.1 Main channels and drainage trunks 3.2 Channel connections 3.3 Retention/detention ponds
100
100 100
4. Fire Protection Services
Yes Yes
Yes
4.1 Fire stations 4.2 Fire pumpers, aerials and
rescue vehicles1 4.3 Small equipment and gear
100 100
100
5. Outdoor Recreation Services (i.e. Parks and Open Space)
Ineligible
Yes
Yes
5.1 Acquisition of land for parks, woodlots and E.S.A.s
5.2 Development of area municipal parks
5.3 Development of district parks
0
90
90
1with 7+ year life time *same percentage as service component to which it pertains computer equipment excluded throughout
23.1 Studies in connection with acquiring buildings, rolling stock, materials and equipment, and improving land2 and facilities, including the D.C. background study cost
23.2 Interest on money borrowed to pay for growth-related capital
0-100
0-100
1with a 7+ year life time 2same percentage as service component to which it pertains
Eligibility for Inclusion in the D.C. Calculation
Description
Yes Municipality provides the service – service has been included in the D.C. calculation.
No Municipality provides the service – service has not been included in the D.C. calculation.
n/a Municipality does not provide the service.
Ineligible Service is ineligible for inclusion in the D.C. calculation.
¹ Census undercount estimated at approximately 3.5%. Note: Population including the undercount has been rounded.
² Includes townhouses and apartments in duplexes.
³ Includes bachelor, 1-bedroom and 2-bedroom+ apartments.
Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential
identified by the Municipalitiy of Brighton and Northumerland County.
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Schedule 1
Municipality of Brighton
Residential Growth Forecast Summary
Population
(Including
Census
Undercount)¹
Year
Excluding Census Undercount Housing UnitsPerson Per Unit
1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.
Note: Numbers may not add up precisely due to rounding.
Municipality of Brighton
Estimate of the Anticipated Amount, Type and Location of
Residential Development for Which Development Charges Can Be Imposed
Timing Single & Semi-
DetachedMultiples
1Apartments
2 Total Gross Population Existing Unit
Net Population
Increase,
Excluding
Institutional
Institutional
Population
Net Population
Including
Institutional
Residential Units In New Units Population
Change
Urban Area
Development
Location
Schedule 2
Rural Area
Municipality of Brighton
Source: 2041 forecast derived from Northumberland County Housing Forecast by Area Municipality, 2011-2041 forecast for the Municipality of Brighton. Buildout based on urban housing supply potential identified by the Municipalitiy of Brighton and Northumerland
Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total Historical 25 Year Average Forecast 25 Year Average3
1-5 - - 1.880 2.895 - 2.515
6-10 - - 1.739 2.588 - 2.449 2.482 (0.086)
11-15 - - 1.741 2.609 - 2.551 2.505 2.448
16-20 - - 1.684 2.244 - 2.242 2.439 2.448
20-25 - - - 2.341 - 2.352 2.422 2.448
25-35 - - 1.667 2.461 2.938 2.483
35+ - - 1.662 2.413 3.640 2.398 2.427 2.448
Total - 1.917 1.708 2.476 3.395 2.428
Age of All Density Types
Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total
1-5 - - 2.040 2.707 - 2.493
6-10 - - 1.846 2.551 - 2.377
11-15 - - 1.700 2.600 - 2.500
16-20 - - 1.750 2.190 - 2.214
20-25 - - 1.500 2.405 - 2.317
25-35 - - 1.696 2.444 3.067 2.385
35+ - 1.353 1.794 2.450 3.792 2.273
Total - 1.415 1.785 2.473 3.440 2.339
1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.3 Adjusted based on 2001-2016 historical trends.
Note: Does not include Statistics Canada data classified as 'Other'
P.P.U. Not calculated for samples less than or equal to 50 dwelling units, and does not include institutional population.
Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total Historical 25 Year Average Forecast 25 Year Average3
1-5 - - 1.826 2.400 - 2.000
6-10 - - 1.432 2.208 - 1.742
11-15 - - 1.333 - - 1.536 1.759 2.031
16-20 - - - - - 1.875 1.788 2.031
20-25 - - 1.909 - - 2.500 1.931 2.031
25-35 - - 2.000 2.933 - 2.289
35+ - 1.179 2.064 2.640 - 2.244
Total - 1.200 1.790 2.586 2.700 2.084
Age of Apartments2
Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total Historical 25 Year Average Forecast 25 Year Average3
1-5 - - - - - 1.650
6-10 - 1.190 1.559 - - 1.418
11-15 - - 1.650 - - 1.484 1.517 1.572
16-20 - 1.182 1.765 - - 1.433 1.496 1.572
20-25 - 1.364 1.519 - - 1.585 1.514 1.572
25-35 - 1.321 1.571 - - 1.537
35+ 1.333 1.132 1.787 2.372 - 1.529
Total 1.267 1.169 1.709 2.286 - 1.523
Age of All Density Types
Dwelling < 1 BR 1 BR 2 BR 3/4 BR 5+ BR Total
1-5 - 1.389 1.976 2.648 3.857 2.362
6-10 - 1.226 1.771 2.589 3.361 2.300
11-15 - 1.391 1.711 2.840 3.786 2.558
16-20 - 1.217 1.802 2.512 3.658 2.399
20-25 - 1.320 1.736 2.694 3.692 2.517
25-35 - 1.447 1.770 2.620 3.716 2.524
35+ 1.467 1.242 1.839 2.479 3.264 2.245
Total 1.611 1.270 1.824 2.553 3.483 2.337
1 Includes townhouses and apartments in duplexes.2 Includes accessory apartments, bachelor, 1-bedroom and 2-bedroom+ apartments.3 Adjusted based on 2001-2016 historical trends.
Note: Does not include Statistics Canada data classified as 'Other'
P.P.U. Not calculated for samples less than or equal to 50 dwelling units, and does not include institutional population.
Source: 2041 employment figures derived from Northumberland County Official Plan as approved by the Ontario Municipal Board on November 23, 2016.
¹ Statistics Canada defines no fixed place of work (N.F.P.O.W.) employees as "persons who do not go from home to the same work place location at the beginning of each shift". Such persons include building and landscape contractors, travelling salespersons, independent truck drivers, etc.
Source: 2041 employment figures derived from Northumberland County Official Plan as approved by the Ontario Municipal Board on November 23, 2016.1 Square foot per employee assumptions
Industrial 1,300
Commercial/ Population Related 550
Institutional 700
Schedule 10b
Municipality of Brighton
Employment & Gross Floor Area (G.F.A.) Forecast, 2019 To Buildout
Period Population
Employment Gross Floor Area in Square Feet (Estimated)¹
Subject/Title: Curling Club Roof Replacement Tender Report
Recommendation:
That council award the contract for Tender # REC 2019-09, “The replacement of the Roof at the Brighton Curling Club Building” to Perfect Choice Roofing of Brighton, Ontario for the before-tax bid price of $29,800.00 and authorize the remaining $7,350.00 Municipal portion to be taken from the Contingency Reserve Account.
Background/Purpose:
Through recent years the Curling Club roof has had the misfortune of shingle losses whenever high winds occur. The existing shingles have not been very good at withstanding the strong east - winds which blow from time-to-time over the A-frame roof. Executive members from the Curling Club have met with staff and have proposed funding plan to finance the roof replacement.
Staff report was presented to Council offering recommendations to repair the roof, however after hearing from Curling Club President Kerr who offered to fund the project using Club funds as well as the $15,000 of Municipal funding which was earmarked to Curling Club Reserves as per this year’s agreement between the Municipality and the Curling Club.
At the June 15th, 2019 Council meeting, Council passed a resolution directing staff to create and advertise a tender document for the replacement of the Curling Club roof.
Resolution No. 2019-455, “That Council directs staff to issue an RFP for roof replacement for the Brighton and District Curling Club and monies to be allocated as per the agreement and utilizing the $15,000 Curling Club budgeted amount.” Carried
Page 199 of 371
Analysis/Comments:
A Tender was issued for this work and upon its closing on July 25th at 2:00pm a total of five bid packages were submitted from perspective companies.
Perfect Choice Roofing $29,800
AGC And Associates Inc. $53,700
Cedargrove Roofing $38,340
Dafoe Roofing $53,625
T. Hamilton and Son Roofing Inc. $36,400
Upon looking at the submissions staff have selected the Tender submission from Perfect Choice Roofing as the preferred bidder and recommend them to Council for this project.
Legal/Legislative:
Financial Implications:
Although this project was not a budgeted item, the established budget for this project was $30,000.00.
Total cost of the project is $29,800.00 as Parks receives a 100% rebate on the HST amount charged to the department.
The $29,800.00 is recommended by staff to be paid by the following funding formula:
Municipal payment to the Curling Club for 2019 as per Agreement $15,000.00
Curling Club’s payment as per existing agreement - (25%) $ 7,450.00
Remaining expense amount to be taken from Contingency Reserve Account $ 7,350.00
Strategic Plan Alignment:
Attachments:
Page 200 of 371
Municipality of Brighton
Council Meeting
Council Date: 12 Aug 2019
To: Council
Prepared By: Bob Casselman
Reviewed By:
Department: CAO
Subject/Title: Physician Recruitment Partnership Program Agreement
Recommendation:
That Council authorize the Mayor and Clerk to execute a Partnership Agreement between the Municipality of Brighton and the Quinte West Physician Recruitment Program as depicted in the Attachment appended hereto.
Background/Purpose:
The purpose of this report is to have Council consider the approval and execution of a Partnership Agreement with the Quinte West Physician Recruitment Program.
Analysis/Comments:
At the January 21, 2019 Council meeting, John Smylie - Chair and Paula Mason - Recruitment and Retention Co-ordinator provided an overview of the merits of the Quinte West Physician Recruitment and Retention Program and requested that the Municipality of Brighton consider a Partnership with this Program.
During the 2019 Budget deliberations, Council allocated $ 25,000. in support of the Quinte West Physician Recruitment and Retention Program.
Legal/Legislative:
Nil
Financial Implications:
Page 201 of 371
Council has allocated $ 25,000. in the 2019 budget.
Strategic Plan Alignment:
Strategic Initiative:
Develop a robust economic development and tourism framework.
Goals:
Continue our commitment to regional (Quinte & Northumberland) economic development and tourism.
Attachments:
Quinte West Physician Recruitment Program Agreement
Page 202 of 371
Quinte West & CommunityPhysician Recruitment and Retention
—S- =czz_4C
PARTNERSHIP AGREEEMNT BETWEEN
THE QUINTE WEST PHYSICIAN RECRUITMENT PROGRAM
AND
THE MUNICIPALITY OF BRIGHTON
April 2019 to March 2020
GOAL:
-To expand our current marketing and physician recruitment campaign to assist Brighton residents in havingmore access to family doctors.
OBJECTIVES:
- To enable better access to care and improved medical healthcare outcomes, by shortening the time frame toreceiving primary care.
-To improve patient care within the community, but also at the Emergency Department at Trenton MemorialHospital, by reducing the number of non-urgent visits and decreasing wait times.
STRATEG I ES:
• Advertise and promote family practice opportunities in Quinte West and Brighton through
attendance at Medical School Career Fairs and Trade Shows (minimum S per year) across Ontario, as
well as on-line, through print and social media (Facebook, Twitter, Linkedln, lnstagram) and through
our website and monthly newsletter, “The Pulse”.
• Coordinate Physician/Resident Site-Community Tours, to give prospective physicians an
understanding and overview of the communities, real estate options, and opportunities for practice
locations.
• Prepare and distribute a welcome/information for all visiting medical students, residents and
physicians.
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• Promote and coordinate the educational opportunities available in the communities for medical
students and residents who come to Brighton and Trenton for their required learning. Arrange for
accommodations at fully furnished Medical Learners Apartment.
• Liaise with community partners (i.e.: Health Care Connect, Health Force Ontario, LHIN, QHC, etc.) to
respond to and address physician inquiries.
• Host retention events (minimum 2 per year) to ensure current family physicians want to stay.
• Work with current physicians, as required, to assist with succession-planning and locum coverage
for vacations, parental leaves, illness etc.
• Monitor inquiries, track recruitment results, press mentions, and informal feedback on all physician
recruitment efforts.
• Welcome participation from Brighton Council and a community representative on the Physician
Recruitment and Retention Committee, attendance at Recruitment and Retention events, tours etc.
• Maintain data base of current prospects ranging from local high school students to career physicians.
FUNDING:
In exchange for the above services, the Municipality of Brighton agrees to contribute the sum of
$25,000 for the period of April V 2019 to March 3V, 2020 to the Quinte West Physician
Recruitment and Retention Program.
Signed at
___________________________________on
this
________
day of 2019.
For the Municipality of Brighton
For the Quinte West Physician Recruitment and Retention Program
Page 204 of 371
Municipality of Brighton
Council Meeting
Council Date: 12 Aug 2019
To: Mayor and Members of Council
Prepared By: Allen Magee
Reviewed By: Preston Parkinson/Bob Casselman
Department: Planning Services
Subject/Title: Sign Control By-Law #143-2003
Recommendation:
That Council receives the report dated August 12th, 2019, to amend and update Sign Control By-Law 143-2003 being a By-Law to regulate signs and other advertising devices in the Municipality of Brighton. That Council authorizes the approval and execution of the amending Sign Control By-Law as outlined in Schedule #2 attached hereto.
Background/Purpose:
The Sign Control By-law #143-2003 was created to regulate and control signs within the Municipality of Brighton as outlined in Schedule #1. Portable signs are classified as temporary signs and are typically used to advertise a business, person, activity, good, product or service available at the lot where the sign is located. (See Schedule #3) The Municipality of Brighton receives several sign permits a year for Portable signs; most of them are from non-profit organizations.
Analysis/Comments:
Proposed Amendments:
• Updating and clarifying the definition of Portable Signs. (See Schedule #2).
Page 205 of 371
• Extending the time period for Portable signs from Thirty (30) days up to ninety (90) days per sign. Three (3) sign permits per one (1) calendar year.
• Recognizing registered charitable and non-profit organizations within the Municipality. These organizations require a portable sign permit however there is no fee. They can have a sign up for thirty (30) days with a maximum of six (6) permits per calendar year.
• Updating and clarifying the sign permit fees in section 3.5. Each independent By-Law no longer indicates their own fees as the Municipal Fees and Charges By-Laws was created to cover the fees for each By-Law.
• The current fee for Portable signs is $50 a month and remains unchanged • The creation of a penalty clause, whereby there is a doubling of the permit fee for
those that erect a sandwich board, portable sign or permanent sign without the necessary permit.
Legal/Legislative:
Municipal Act, 2001, S.O., 2001, c.25,Section 99, as amended.
Financial Implications:
None
Strategic Plan Alignment:
N/A
Attachments:
Schedule #1 Sign Control By-Law 143-2003
Schedule #2 Amending Sign By-Law XXX-2019
Schedule #3 Portable Sign
Page 206 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 143-2003
Being a by-law to regulate signs and other advertising devices in theCorporation of the Municipality of Brighton
‘WHEREAS the Municipal Act, 2001, 5.0. 2001, c. 25, provides in Section 99, thatCouncils of local municipalities may pass by-laws respecting advertising devices and signswithin the Municipality.
NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:
PART 1- TITLE, DEFIMTIONS, SCOPE AND APPLICATION
1.1 TITLE OF BY-LAW
This By-law may be cited as the “Sign By-law for the Corporation of the Municipality ofBrighton.”
1.2 DEFINITIONS
ALTER — shall mean any change to a sign structure or sign face, with the exception of achange in the message being displayed or repair and maintenance.
A WIVING — shall mean a space frame system, moveable or fixed, covered with fabric orlike material attached and projected from a building or structure but not forming anintegral part thereof.
BOULEVARD — shall mean the public property lying between the traveled portion of thestreet and the treet line.
BUILDING CODE — shall mean the Ontario Building Code Act, as amended from timeto time, and includes any regulations thereunder.
BUILDING FACADE — shall mean that portion of any exterior elevation of a buildingextending from grade to the top of the parapet, wall or eaves and the entire width of thebuilding elevation.
BY-LAW ENFORCEMENT OFFICER - shall mean the By-law Enforcement Officerappointed by Council of the Corporation of the Municipality of Brighton.
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CHIEF BUILDING OFFICIAL — shall mean the Chief Building Official appointed byCouncil of the Corporation of the Municipality of Brighton as prescribed in the OntarioBuilding Code Act.
COUNCIL — shall mean the Council of the Corporation of the Municipality of Brighton.
ERECT — includes the placing of, arranging for the placing of, the renting of, or theleasing of a portion of a lot or highway for a sign.
HIGHWAY— shall have the same meaning as that word as defined in the Municipal Act.
LOT — shall mean a parcel of land which is capable of being legally conveyed inaccordance with the provisions of the Planning Act, R.S.O. 1990.
MUvTCIPALITY— shall mean the Corporation of the Municipality of Brighton
PERSON — shall mean any human being, association, firm, partnership, incorporatedcompany, corporation, agent or trustee and any heirs, executors, successors, assigns orother legal representatives of a person to whim a contract can apply according to law.
SHOPPING CENTRE — shall mean a unified group of commercial establishments on asite designed, developed and managed as a single operating unit for which parking isprovided in common off-street areas, as opposed to a business area comprising ofunrelated individual commercial establishments.
SIGHT TRL4NGLE — shall mean the triangular space formed by the street lines of acorner lot and a line drawn from a point in one street line to a point in the other streetline, as required in the applicable Comprehensive Zoning By-law. V/here the two streetlines do not intersect at a point, the point of intersection of the two street lines shall bedeemed to be the intersection of the projection of the street lines or the intersection of thetangents of the street lines.
SIGN — shall mean and include any structure, device, or thing (and all parts thereof)which identifies, describes, promotes or advertises any building, person, place, product,business, service, enterprise, organization, event or thing in such a way as to be visiblefrom a highway or lot.
SIGN AREA — means the area of the display surface upon, against, or through which themessage or messages on the sign are displayed or illuminated and the area of a sign madeup of individual letters, symbols or numbers and not the combined area of the individualletters, symbols or numbers. For the purpose of this By-law, any double-sized sign shallbe deemed to have only one face, provided both faces are identical, contiguous, andparallel or diverging at an angle of not more than 15 degrees.
7
Page 208 of 371
SIGN, ANIMA TED - means a sign or advertising device which includes action ormotion, moves in a revolving manner or contains an intermittent or flashing light sourceor which includes the illusion of intermittent or flashing light by means of an animationor an externally mounted light source.
SIGN, A WNING — shall mean a wall sign supported entirely from the exterior wall of abuilding and composed of non-ridged materials except for the supporting framework.
SIGN, BANNER — shall mean a sign composed of lightweight material so as to allowmovement which is caused by atmospheric conditions.
SIGN, BILLBOARD — shall mean a sign structure to which advertising copy is fastenedin such a manner so as to permit its periodic replacement and which displays goods,products, services or facilities that are not available at the location of the sign andlorwhich directs or invites a person to a location different from that on which the sign islocated.
SIGN, CANOPY— shall mean a sign erected as an integral part of an attached canopy ora freestanding canopy.
SIGN, CONSTRUCTION — shall mean a sign incidental to a construction project or adevelopment located within the boundaries of the development or construction site.
SIGA DEVELOPMENT IDENT1FIGATION - shall mean a ground sign whichidentifies or draws attention to a group of businesses or persons located on the same lotas the sign. Such sign may or may not contain the names of individual businesses orpersons on the lot.
SIGN, DIRECTIOPt4L — shall mean a sign erected for the public safety or one whichprovides directional information for the control of vehicular traffic such as an entrance orexit sign or a loading area, and bearing no commercial advertising. A directional signmay take the form of a Ground sign or Wall Sign.
SIGN, ELECTION — shall mean any sign which is used to promote a candidate and/orpolitical identity during an election period using a ground sign within the Municipality.
SIGN, ELECTRIC SPECTA CULAR — shall mean a sign that employs flashing,animated or intermittent illumination.
SIGN, GROUND — shall mean a free standing sign in a fixed location, which sign iswholly supported by uprights or braces attached to the ground, and shall include a pole orpylon sign.
SIGN, HOME IDENTIFICATION — means a sign which identifies by letters and/ornumbers, the name of the occupants and/or highway address of the building on which lotthe sign is located.
3
Page 209 of 371
SIGN, HOME OCCUPATION— shall mean a sign for the identification of a home-basedbusiness.
SIGN, ILLU1VHN4TED — shall mean any Sign illuminated or lighted by any artificialmeans whatsoever, including direct, indirect, internal or external sources of illumination.
SIGN, INDUSTRIAL— shall mean a sign accessory to a permitted industrial use.
SIGN, INSTITUTIONAL— shall mean a sign accessory to a permitted institutional use.
SIGN, OFF-LOT — shall mean any sign which identifies or advertises a business, person,activity, good, product or service, which is not normally related to, or available at the lotwhere the sign is located.
SIGN, ON-LOT — shall mean any sign identifying or advertising a business, person,activity, good, product or service available at the lot where the sign is located.
SIGN, PORTABLE/MOBILE — shall mean and include any sign which is specificallydesigned or intended to be readily moved from one location to another and which doesnot rely on a building or a fixed foundation for its structural support.
SIGN, POSTER — shall mean an ott-lot or offilot sign which must be secured to anotherstructure such as a utility pole or light standard for support and wluch is made out ofpaper or other biodegradable material and does not exceed 279 mm (11 inches) in lengthby 432mm (17 inches) in width, (11” x 17”).
SIGN, POSTURN — shall mean a sign made with a series of triangular vertical sectionsthat turn and stop, or index to show two or more pictures or messages in the same area.
SIGN, PROJECTING — shall mean any sign attached to an exterior wall of a buildingand which projects horizontally to that wall.
SIGAç PUBLIC AUTHORITY — shall mean any sign erected for or at the direction ofany Municipality or government authority, agency, board or committee for the purpose ofproviding information to the public concerning any proceedings by such agency,authority, board or committee.
SIGN, REAL ESTATE — shall mean a sign on a lot advertising the sale, rent or lease ofthe lot but shall not include signs which advertise new subdivisions or developments.
SIGN, READOGRAPH — shall mean a sign, other than a portable sign, composed ofinterchangeable letters.
SIGN, ROOF — shall mean any sign the face of which is above the level of the eaves orparapet of a building, and includes painted signs on roofing material.
4
Page 210 of 371
SIGN, SAND WWH BOARD — shall mean a sign, which is erected or placed on, but notpermanently anchored in the ground, with copy on either or both sides, and can bedesigned as a self-supporting ‘A’ frame type, or designed in a frame with legs that areinserted into the ground.
SIGN, SIGNATURE ENTRANCE — shall mean a permanent ground sign that is topromote and advertise the name of the subdivision, neighbourhood or community.
SIGN STRUCTURE — shall mean the supports and framework for a sign.
SIGN, WALL/FACADE — shall mean a sign attached in close proximity and parallel toany exterior wall.
SIGN, WINDOW — shall mean any sign located on the interior of a building, which isintended to be seen from off the lot on which the sign is located.
ZONING BY-LA 11’ — means any by-law regulating the use of lands and the character,location and use of buildings and structures in the Municipality, and passed pursuant tothe Planning Act.
1.3 SCOPE OF BY-LAW
The provisions of this By-law shall apply to all lands which are within the geographicboundaries of the Corporation of the Municipality of Brighton. No signs within theMunicipality shall be erected, maintained or structurally altered except in conformitywith the provisions of this By-law or applicable regulation, act or legislation.
1.4 PERMIT REQUIRED
No person shall erect, display, after, repair or cause to be erected, displayed, altered orrepaired, a sign in the Municipality unless a sign permit has been issued by the ChiefBuilding Official or designate, unless the sign permit requirement has been specificallyexempted by this by-law.
1.5 PERMIT EXEMPTION
a) Street signs bearing only property numbers, street addresses, mailbox numbers, estatenames or names of occupants of the premises and having a maximum size of 0.2square metres (2.2 square feet).
b) Real Estate Sign (point ofsale,): The area of any one sign shall not exceed 0.6 squaremetres (6.5 square feet). Such signs shall be limited to a maximum of two signs perlot; shall be located on the subject property; shall not obstruct or interfere with thevision of vehicular or pedestrian traffic; and shall be removed within seven (7) daysof a sale or lease completion.
S
Page 211 of 371
c) Signs advertising yard sales, garage sales, auctions and/or open houses: Such signsshall measure not more than 0.4 square metres (4.3 square feet) in area (each side); nomore than two signs per lot shall be permitted for a period to not exceed five (5)consecutive days; shall be located on the private property of said event; and do notobstruct or interfere with the vision of vehicular or pedestrian traffic.
d) Db-ectional Signs: up to two directional signs per driveway access provided no signis greater than 0.4 square metres (4.3 square feet) in sign area, and provided that thetop of any directional sign is no higher than 1.5 metres (5.0 feet) above the finishedgrade at the sign location.
e) Public Authority Signs: an official sign required or authorized by a recognized publicauthority.
0 Memorial or commemorative signs or tablets, ground mounted or permanentlyattached or architecturally integrated to a building.
g) Signs erected by a government or municipal agency to assist Commerce and theTourist Trade, which have been approved by Council
h) Flags, emblems or insignia used only for the identification of a nation, province,country, municipality, school, political or religious group.
i) Displays consisting entirely of vegetative material.
j) Construction Site Sign with an area not greater than 1 square metre (10.75 squarefeet) and is removed from the site within 30 days of the completion of theconstruction.
k) Elecdon Signs for Federal, Provincial, Municipal or School Board elections shall bein accordance with the Election Acts.
1) Special Event Signs advertising special events of charitable or non-profitorganizations provided that it is not greater than 3 square metres (32.3 square feet);no signs shall be erected more than thirty (30) days prior to the day of the eventunless approved by Council; and the sign or signs shall be removed within forty-eight(48) hours after completion of the event.
m) Crop signs. Signs that identiI’ crops or signs that advertise the site of fresh farmproducts, provided that the maximum size of the sign is not more than 0.5 squaremetres.
1.6 PROHIBITED SIGNS
a) Vehicles, trailers or other equipment permanently parked solely for the purpose ofadvertising the direction to or a place of business or an event;
6
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b) Signs that encroach on public property unless expressly authorized by the responsiblepublic authority;
c) Signs that endanger public safety by reason of their location or inadequate orimproper construction or maintenance;
d) Signs which obstruct or impede any flue, air, intake, fire escape, fire exit, door,skylight, exhaust or impede free access by firefighters to any part Of a premises;
e) Signs on public trees, public fence posts and on public utility poles.
f) Signs which by their pictures, words or drawings are indecent or may tend to corruptor demoralize.
g) Signs which incorporate in any manner any flashing or moving illumination whichvaries in intensity or which varies in colour, and signs which have any moving parts,visible mechanical movement of any description or other apparent movementachieved by electrical pulsations or by actions of normal wind current other than timeor temperature.
h) Signs which by reason of size, location, content, colouring, or manner of illuminationobstruct the vision of drivers or pedestrians, or obstruct or detract from the visibilityor effectiveness of any traffic sign or control device on public streets and roads whichare located in a sight triangle.
i) Signs which malce use of words such as “Stop”, “Look”, “One Way”, “Danger”,“Yield”, or any other similar words, phrases, symbols, lights, or characters in such amaimer as to tend to interfere with, mislead, or confuse traffic and which are noterected by a Public Authority.
j) Signs located so as to obstruct or impede any required fire escape, fire exit, walkway,passageway, door, window, skylight, flue or air intake or exhaust or so as to preventor impede free access of firefighters to any part of the building.
k) Signs on or over public property or public right of way, unless erected and approvedin writing by a government agency having jurisdiction.
I) Signs painted on, attached to, or supported by a tree, stone, or other natural object orwooden utility pole.
in) Signs painted on the exterior walls of any building, except as approved by Council.
n) RoofSigns and signs erected in part or entirely above the surface of the roof of abuilding or structure.
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o) Ground Sign in excess of 2.40 metres in height within 15 metres of a traffic light.
p) Signs attached to a projecting or freestanding canopy except canopy signs and soffitsigns.
q) Any obsolete sign which no longer advertises a business conducted, or a product soldat the sign location. Such obsolete signs shall be removed within 30 days of theclosing of the business.
r) Signs which obstruct a required parking space or utilize such parking space forpurposes of locating a sign.
PART 2- REGULATIONS
2.1 GENERAL
a) No signs located within the municipal limits of the Corporation shall be located insuch manner as to impede the view of any highway intersection or railway gradecrossing or any ingress and/or egress from private or public property or where it maybe conffised with or impair the view of any authorized traffic sign, signal or device.
b) No Banner signs shall be displayed across any street without the approval of Council,and upon approval, shall be installed by employees of the Corporation at a feeestablished by Council.
c) Where the provisions of one portion of the By-law conflicts with any other provisionof this By-law, the most restrictive requirement shall be used to establish theminimum requirement.
2.2 EXISTING NON-CONFORMING SIGNS
a) This by-law does not apply to an advertising device that was lawfully erected ordisplayed on the day the by-law comes into force if the advertising device is notsubstantially altered, and the maintenance and repair of the advertising device or achange in the message or contents displayed shall be deemed not in itself to constitutea substantial alteration.
2.3 SIGN MAINTENANCE
All signs are to be maintained in a proper state of repair so that such sign does notbecome unsafe, structurally unsound, unsightly or dangerous.
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2.4 HEIGHT SPECIFICATIONS
a) No sign erected above a pedestrian walkway shall be less than 2.4 metres (8 feet)above such walkway;
b) The maximum height of a wall sign shall not exceed the height of the adjoining wall;and
c) No part of any ground sign shall exceed in height a distance of 7.5 mees (25 feet)above the level of the ground at the base of the sign structure.
2.5 COMPLIANCE WITH SITE DEVELOPMENT AGREEMENTS
Where a Site Plan or Subdivision Agreement approved by the Corporation providesstandards for signs and the signs for the development comply therewith, such signs shallbe deemed to comply with this By-law.
2.6 SIGN ILLUMINATION
a) No sign erected or displayed may be illuminated by remote fixtures not permanentlyfixed to the sign or sign structure.
b) No illumination of a sign shall spill directly beyond the face of the sign or be anuisance to neighbours or a hazard to public safety.
2.7 LUflT ON NUMBER OF SIGNS
Except as otherwise provided herein, the maximum number of signs that may be erectedshall be:
a) One (1) wall/facade sign and one (I) window sign per business frontage; and
b) One (1) only per business premises of another type of exterior sign, i.e., awning,canopy, projecting or ground.
2.8 GROUND SIGNS
The following regulations shall apply to all ground signs:
a) Ground signs shall be set back a minimum of 1.0 m from all street lot lines.
b) No ground sign shall exceed 5.0 m in any dimensions of the sign face.
c) No more than one (1) sign shall be mounted to the supporting structure of any groundsign. Notwithstanding the foregoing, additions may be allowed to existing ground
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signs provided that additions are of the same design, material and shape as theexisting sign.
d) No ground sign shall exceed a maximum height of 7.5 meaes (25 feet) from thefinished grade level at the base of the supporting structure of the said sign.
e) Ground signs shall be setback a minimum of 1.5 m from any common lot boundary’with an adjacent lot.
f) A ground sign including any part of its structure shall not be located closer than 1.0 mto any driveway.
g) No ground signs shall be erected where the distance between a structure and the streetline is less than 4 m. One (1) projecting sign shall be permitted in lieu of a groundsign where such distance is less than 4 m.
2.9 WALL/FACADE SIGNS
a) The maximum area of wall/facade signs shall be the lesser of fifteen (15) percent ofthe building façade to which it is attached or 9 square metres (96 square feet) or asapproved by Council.
b) No wall sign shall extend above the top of the roof surface.
c) No wall sign or any part thereof, shall project more than 0.5 m from the wall uponwhich it is mounted.
-
d) No wall sign shall extend beyond the extremities of the wall to which it is attached.
2.10 PROJECflNG SIGNS
a) A maximum of one (1) projecting sign may be erected or displayed on the side of thepremises fronting on a highway or public thoroughfare and, in the case of premiseswith sides fronting on more than one highway or public thoroughfare, a maximum ofone (I) projecting sign may be erected on each side.
b) No projecting sign shall be more than 0.6 square metres (6.5 square feet) in size.
c) Minimum height to bottom of projecting sign shall be 2.4 metres (8 feet) fromfinished grade.
d) Projecting signs shall not project more than 1.2 metres (4 feet) from the face ofbuilding to which it is attached.
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e) No projecting sign shall be located closer than 5 metres (16.4 feet) to any otherprojecting sign.
0 No projecting sign shall be illuminated internally.
g) A projected sign shall not be constructed as a free-swinging sign.
2.11 PORTABLE/MOBILE SIGNS
a) Portable/Mobile signs may only be erected for a specific period not to exceed thirty(30) days, at which time it shall be removed and not be replaced on the lot for ninety(90) days, from the date of its removal.
b) Portable/Mobile signs may only be erected as On-Lot signs, and shall idenfl’ oradvertise a business, person, activity, good, product or service available at the lotwhere the sign is located. Except as otherwise provided herein, Portable/Mobile signsmay not be erected as Off-Lot signs
c) No portable/mobile sign or any part of the sign structure shall be located less than Imetre (3.2 feet) from any property line.
d) No side of any portable/mobile sign shall have a gross area greater than 3 squaremetres (32.3 square feet);
e) All portable/mobile signs shall be staked firmly to the ground by means of iron stakesand all wheels shall be off the ground;
I)’ No more than one (I) portable/mobile sign shall be erected or displayed on a lot atany time;
g) Each portable/mobile sign shall be on privately owned property and not on municipalproperty and must be maintained to the satisfaction of the Municipality.
h) Portable/Mobile signs shall not be converted to permanent Ground signs.
2.12 SANDWICH BOARD SIGNS
Sandwich board signs are permitted on Corporation property provided that all of thefollowing conditions are met:
a) the sandwich board sign shall only be displayed during the time period when thecommercial operation is open for business;
b) a maximum of one (1) sandwich boaz-d sign per business shall be permitted in CoreArea zones and three (3) per business in all other zones in the Municipality;
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c) sandwich board signs shall not be more than 0.6 metres wide and 1.2 metres in high(2’ x 4’) on each side;
d) if placed on a sidewalk, the sandwich board sign shall occupy no more than one-thirdof the width of the sidewalk and not be located in the middle of the sidewalk so as toobstruct pedestrian movements;
e) No sandwich board sign is to be located within any sight triangle as prescribed by theZoning By-law; and
1) the sandwich board sign owner shall provide to the C’hief Building Official acertificate from an insurance company duly authorized to underwrite insurance in theProvince of Ontario certifying to the Municipality that the owner of the sign haspublic liability and property damage insurance in a minimum amount of one million($1,000,000.00) dollars and that the Municipality is shown as an additional insured onsuch policy. The certificate shall also certify’ that the policy provides that a minimumof 30 days notice must be given to the Corporation prior to any alteration, revocationor termination of the said policy.
2.13 OFF-LOT SIGNS
No off-lot sign shall be erected in the Municipality except in lots zoned for industrial,commercial, rural or agricultural use. An off-lot sign shall only identify or advertisebusiness operations located within the boundaries of the Municipality of Brighton. Thefollowing provisions shall apply:
a) A maximum of three (3) off-lot signs may be erected or displayed on any one lot.
b) A maximum of three (3) off-lot signs for any one business may be erected ordisplayed within the Municipality.
c) .411 off-lot signs shall be located in line with the established building lines, or whereno such line exists, shall have a minimum setback of three 3 metres (9.8 feet) from allproperty lines.
d) No off-lot sign shall be located within a radius of 30 metres (98.4 feet) from anotheroff-lot sign.
e) No off-lot sign shall have an area greater than 9 square metres (96 square feet).
f) Off-lot sigit shall not be located closer than 15 metres (50 feet) from residentially-zoned lot.
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2.14 BILLBOARD SIGNS
a) The billboard sign shall not be located closer than 10 metres (32.8 feet) from any sideyard lot line; 30 metres (98 feet) to a park, hospital, school or 100 metres (328 feet)from any residentially-zoned lot.
b) Billboard signs shall be a minimum of 500 metres from another billboard sign andshall be a maximum in area of 28 square metres (300 square feet).
c) Any billboard sign shall be a minimum of 100 metres (328 feet) from any municipalroad.
2.15 SOFFIT SIGNS
a) No portion of any soffit sign shall be less than 2.4 metres (8.0 feet) above the finishedgrade or be located above the first story of any building;
b) No soffit sign shall have vertical dimension greater than 0.4 metres (1.31 feet) or havea horizontal dimension greater than 2.4 metres (8.0 feet).
c) No soffit sign shall exceed 1 square metre (10.7 square feet) in sign area.
2.16 CANOPY SIGNS
a) A canopy sign shall be designed as an integral pan of the canopy fascia;
b) No portion of any sign shall be less than 2.4 metres (8.0 feet) above the finished floorlevel immediately below such sign;
c) Canopy signs shall only be located on the story having direct access to a street.
2.17 WINDOW SIGNS
a) The maximum sign area of any window sign shall not exceed 25% of the area of thewindow in which the sian is located.
2.18 RESIDENTIAL SIGNS
a) A maximum of one sign not exceeding 1 square metres (10.75 square feet) in area,advertising boarding, lodging on the lot on which the sign is located, provided suchaccommodation is not prohibited by the Municipality of Brighton Zoning By-laws, asamended; and
b) A maximum of one sign, not exceeding one (I) square metre (10.75 square feet) inarea, indicating the name of the apartment use on the property on which the sign is
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located, provided such use is permitted by the current Zoning By-law(s), as amended,for the Municipality of Brighton.
2.19 HOME OCCUPATION/HOME DUSTRY SIGNS
a) A home occupation/home inthtstzy shall not exceed 1 square metre (10.75 square feet)in sign area; and
b) A maximum of one (1) home occupation/home indust;y sign shall be permitted andshall be located in or on the property in which the home occupation is permitted.
PART 3- ADMIMSTRATION
3.1 CHIEF BUILDING OFFICIAL
The Chief Building Official or designate is responsible for the administration andenforcement of this By-law.
3.2 PERMITS
The ChiefBuilding Official or designate shall issue a sign permit except where:
a) The proposed sign or sign structure will not comply with this By-law, the OntarioBuilding Code, or any other applicable law; or
b) The application is incomplete or any fees due are unpaid.
3.3 PERISIIT APPLICATIONS
Applications for a sign permit shall be made to the ChiefBuilding Official upon a form tobe provided by the Chief Building Official which shall require the following informationto be set out on or accompany such application:
a) The name and address of the owner of the sign;
b) The name and address of installing contractor, if different than owner;
c) The name and address of the owner of the premises upon which the sign is locatedor to be located;
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d) Drawings, plans, and specifications showing:
i) The location or proposed location of the sign on the premises including itsrelation to any highway and lot line;
ii) The location or proposed location of all other signs on the premises forwhich a permit is required;
iii) The dimensions, construction supports, sizes, electrical attachments andcharacter of structural members to which the attachment is made, togetherwith such other engineering data certified by a duly licensed engineer orqualified professional, as the ChiefBuilding Official may require;
e) All permits as may be required by any other applicable government authorities suchas Hytho One, Electrical Services Authority, the Ministry of Transportation andLower Trent Conservation;
Q The required fee;
g) Such further and other information as the ChiefBuilding Official may require in orderto ensure that such sign will comply with the requirements of this By-law, theOntario Building Code and any other applicable laws.
h) The consent oftheperson in possession of the lot upon which the sign is located or tobe located to permit entry upon the said lot by the ChiefBuilding Official or designatefor the purpose of inspecting the sign in accordance with Section 15 (6) of theOntario Building Code Act, but nothing herein shall be construed to in any way limitor restrict the right of the Chief Building Official to enter upon the premises inaccordance with the provisions of the Building Code Act, the Provincial OffencesAct, or any other statutory authority.
3.4 VARIANCE
a) Where a person can not comply with the provisions of this by-law, applicationmay be made to Council for a variance to the provisions of the by-law.
b) Application to Council for a variance shall clearly set out why the provisions ofthe by-law can not be met and shall be accompanied by the appropriate fee for avariance, as set out in Section 3.5. The fee is non-refundable.
c) Council may, upon receiving the application for a variance from the provisions ofthe by-law, authorize such minor variances, provided, in the opinion of theCouncil, the general intent and purpose of the by-law are maintained.
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3.5 PERMIT FEE
Each application for a sign permit shall be accompanied by a non-refundable fee payableto the Municipality in the amount of:
a) Permanent Sign: $30.00 basic administration
b) Portable Sign: S15.00, per 30 day period
c) Sandwich Boards: Sandwich Board signs erected on private property areexempt from paying permit fees. Sandwich Board signs onpublic property will be charged a one-time administrationfee of Sl0.00.
d) Variance S100.00
3.6 CONSTRUCTION
All signs shall be constructed and inspected in accordance with the Building Code Act,5.0. 1992, c.23. as amended, by 5.0. 1997, c. 30, Schedule B2.
3.7 SIGN REMOVAL OR ORDER TO REMOVE SIGN
a) When a sign is erected or displayed in contravention of the provisions of this by-law,such sign may be removed immediately without notice, if located on, over, partly on,or partly over, property owned by the Municipality.
b) When a sign is erected or displayed in contravention of the provisions of this by-law,and such sign is located on private property, the Chief Building Official or designateshall give a written Order to the owner or person in possession of the lot upon whicha sign is located, to remove or repair such sign where it is not in compliance with thisby-law.
c) Upon receipt of the written Order, the owner of the sign or the person in possessionof the lot upon which a sign is located, shall comply with the Order forthwith, orwithin such time as specified in the Order.
d) Where the ChiefBuilding Official determines that there is a potential risk of injury topersons or damage to property from a sign, an Order shall be given to the owner toremove or repair the sign within 48 hours.
3.8 ENFORCEMENT AND PENALTY
Subject to Part 3.6 of this By-law, if there has been no compliance with an Order, theChiefBuilding Official or designate may pull down or remove said sign at the expense of
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the owner of the sign. The costs associated with pulling down andlor removal of the signwill be collected from the owner of the property on which the sign was located in a likemaimer as property taxes, or may be recovered by legal action.
3.9 VALIDITY
If any section, clause or provision of this By-law is for any reason declared by Court ofcompetent jurisdiction to be invalid, the same shall not affect the validity of the By-lawas a whole or any part thereof other than the section, clause or provision so declared to beinvalid and it is hereby declared to be the intention that all the remaining sections, clausesor provisions of this By-law shall remain in ffill force and effect until repealed,notwithstanding that one or more provisions thereof shall be declared to be invalid.
3.10 LIABILITY
The provisions of this By-law shall not be construed as relieving or limiting theresponsibility or liability of any person who erects, displays, causes, permits or allows tobe erected or displayed, any sign, for personal injury including injury resulting in death,or property damage resulting from such sign or from the employees, contractors or subcontractors, in the construction, erection, maintenance, display alteration, repair orremoval of any sign erected in accordance with a permit which is issued hereunder.Likewise, the provisions of this By-law shall not be construed as imposing on theMunicipality, its officers, employees, servants and agents, any responsibility or liabilitywhatsoever by reason of the approval of or issuance of a permit for any sign or removalof any sign.
3.11 INDEMNIFICATION
The applicant for a permit for a sign, the owner and occupant of the lands and premiseson which any sign is erected, shall be jointly and severally responsible to indemnif’ theMunicipality, its officers, employees, servants and agents, from all loss, damages, costs,expenses, claims, demands, actions, suits or other proceedings, of every nature and ldndarising from and in consequence of the construction, erection, maintenance, display,alteration, repair or removal of such sign.
3.12 OFFENCES/PENALTIES
Every person who:
a) Knowingly finishes false information in any application for a permit or anydocuments or plans accompanying such application for a permit under this By-law;
b) Fails to comply with any notice, order, director or other requirement given inaccordance with this By-law;
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c) Contravenes any provision of this By-law; and
d) Any person, firm or corporation who causes or permits or allow’s any contravention ofany of the provisions of this By-law is guilty of an offence and is liable uponconviction of such penalty as is authorized by the provisions of the ProvincialOffences Act R.S.O. 1990, c.P.33, as amended from time to time.
3.13 REPEAL
The following By-laws within the Corporation of the Municipality of Brighton are hereby repealed:
a) The Corporation of the Town of Brighton By-law Number 1995-884
b) The Corporation of the Township of Brighton By-law Number 95-1 128
3.14 EFFECTIVE DATE
This By-law’ shall come into force and take effect on the date of its passing.
READ A FIRST AND SECOND TiME, read a third time and finally passed this
22 day of April 2003.
\
Mayor ClerkJC.A.O.
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The Corporation of the Municipality of Brighton
By-Law No. XXX-2019
Being a By-Law to amend and update By-Law 143-2003, A By-Law to regulate signs and other advertising devices in the Corporation of the Municipality of Brighton
WHEREAS the Municipal Act, 2001, S.O. 2001, c. 25 provides in Section 99, that Council of local Municipalities may pass by-laws respecting advertising devices and signs within the Municipality;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton considers it reasonable and necessary to regulate by By-law the number, location, size and type of signs within the municipal boundaries;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton enacts as follows:
1) THAT definition of “Portable Sign” of the By-Law number 143-2003 is hereby deleted and replaced with the following:
"Portable Sign" shall mean any sign that is specifically designed or intended to be readily moved from one location to another or is capable of being moved or towed to different locations with or without wheels, and not permanently anchored to the ground, a structure, foundation or other stationary object and has a face area or areas that can be used for permanent or temporary sign copy. A Portable sign shall also include any sign mounted on a trailer, a banner sign or an inflatable sign, but shall not include, ground signs, sidewalk signs, sandwich board signs, real estate signs, incidental or such other signs that are defined in this by-law. Portable signs may also have the capability of being illuminated by artificial light and shall not be considered as Electronic signs.
2) THAT Section 2.11 of By-Law number 143-2003 is hereby deleted and replaced with the following:
a) No person shall place or display or permit to be placed or displayed a portable sign on any land
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within the municipal limits of the Municipality unless and until a permit has been obtained for the portable sign in accordance with the provisions of the By-Law.
b) Every permit issued for a portable sign pursuant to the By-Law shall be issued for a single period of not more than ninety (90) days and no individual business shall be issued more than three (3) portable sign permits per lot in any calendar year.
c) Despite the provisions of sub-section (b) above, a registered charitable or non-profit organization may, to a maximum of six (6) times in each calendar year, obtain a permit, at no fee, to display a portable sign for its own charitable purpose for a maximum of thirty (30) consecutive days.
d) Portable sign permits are not transferable, and the message on the sign must relate to products sold and services provided by the business to which the permit is issued, and displayed on the lot to which the information on the sign relates.
e) Businesses sharing a common store front shall be considered as a single business for purposes of the by-law.
f) The maximum size of the display area of any portable sign shall be 5.0 square meters on each side (2 sides maximum).
g) Notwithstanding Section 3.7 (removal of signs section), the owner of a lot upon which a portable sign is located in accordance with a permit issued pursuant to this By-law, shall forthwith upon the expiration of the period for which the permit is issued (referred to herein as the Permit Period) remove the portable sign from the lot, and in the event that the portable sign is not removed from the lot upon the expiration of the Permit Period the Municipality may, in addition to any other rights or remedies it may have in law, provide the Owner of the lot at least forty-eight hours (48) notice to remove the portable sign and if, at the expiry of this 48 hour notice period the portable sign has not been removed, the Municipality or its agents or employees may enter upon the lot and remove the portable sign at the expense of the Owner of the lot.
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h) Portable signs are permitted in Residential Zones, without need of a permit, for the purpose of conveying greetings or other similar message regarding special events such as the Birthday or Anniversary of those residing on the subject property, for a period not exceeding 72 hours.
i) All Portable Signs shall be staked firmly to the ground by means of iron stakes or weighted down and all wheels shall be off the ground.
j) Each Portable Sign shall be on privately owned property and not on municipal property and must be maintained to the satisfaction of the Municipality.
k) Portable signs shall not be converted to permanent Ground signs.
l) Maximum Sign Structure Height: 2.5 metres Minimum Setback from all lot lines and property
lines: 1.5 metres
3) THAT Section 3.5 of By-Law number 143-2003 is hereby deleted and replaced
with the following:
3.5 PERMIT FEE
a) Each application for a sign permit shall be accompanied by a non-refundable fee payable to the Municipality in the amount outlined in the Municipal Fees and Charges By-Law.
b) The fee for Portable Signs in the Municipal Fees and Charges By-Law is per month. The fee for sandwich board signs and permanent signs are a one (1) time fee.
c) The sign permit fee shall be doubled in instances where the installation of the sign commences prior to the issuance of a Sign Permit. The property owner will be invoiced the amount and after sixty (60) days, the unpaid amount will be added to the property taxes.
This By-Law shall come into force and effect upon the date of final passing thereof.
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Read a first, second and third time and finally passed this 12th day of August 2019.
____________________________ ______________________________ Brian Ostrander - Mayor Candice Doiron - Clerk
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Municipality of Brighton
Council Meeting
Council Date: 12 Aug 2019
To: Mayor and Members of Council
Prepared By: Allen Magee
Reviewed By: Bob Casselman/Preston Parkinson
Department: Planning Services
Subject/Title: Rate Of Speed By-Law
Recommendation:
That Council receives the report dated August 12 th, 2019, being a By-Law to regulate the rate of speed on specific Municipal Roads. That Council authorizes the approval and execution of the amended Rate of Speed By-Law as outlined in Schedule 2 attached hereto.
Background/Purpose:
The purpose of this report is to have Council consider the approval of an updated/consolidated version of the Rate of Speed By-Law. The Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and (3) provides that the Council of a Municipality may, for motor vehicles driven on a highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of speed. All enacted Rate of Speed By-Laws will have to be repealed before the passing of the proposed consolidated Rate of Speed By-Law. The approved rate of speed on local roads is 50km/h. The approved rate of speed on arterial roads is 80 km/h as per By-Law 052-2018. Several speed reduction By-Laws have been enacted to regulate speeds on specific roads within the Municipality. Generally, speed limits can been reduced on roadways
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near schools, day care centres, playgrounds, parks, built up residential areas, senior citizen residences, and may also be used for collision prone areas within a Municipality.
Analysis/Comments:
The proposed By-Law is to regulate speeds on specific Municipal Roads.
• Consolidation of existing By-Laws. • There are 43 Municipal Roads where speed limits have been reduced. • This amending By-Law should be revised and updated on an annual basis.
Legal/Legislative:
Highway Traffic Act, RSO 1990, Chapter H.8 as amended
Financial Implications:
None
Strategic Plan Alignment:
Strategic Initiative, build a workable and livable community. Enhance public transportation.
Attachments:
Attachment # 1 Rate of Speed Existing By-Laws
Attachment # 2 By-Law 000-2019 Rate of Speed By-Law
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The Corporation of the Municipality of Brighton
By-Law Number 053-2018
Being a by-law to prescribe the rate of speed on a highway.
Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;
And Whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
1. Maximum Rate of Spoed—40 kmlh
Highway From To
Raglan Street Cedar Street Ontario Street
The penalties provided in Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this 1 8th day of June2018.
Ma A. Walas - Mayor CandiiDoiron - Clerk
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The Corporation of the Municipality Of Brighton
By-Law No. 086-2017
Being a by-law to prescribe the rate of speed on a highway.
Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;
And Whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brightonenac as follows:
Maximum Rate of Speed —60 km/h
Highway From To
Telephone Road Approximately 1.10 kmWest of County Road #30
Approximately 650mWesterly
The penalties provided In Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this 6th day of September2017.
dceDoironrMark A. Walas, Mayor
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The Corporation of the Municipality of Brighton
By-law No. 077-2017
Being a by-law to prescribe the rate of speed on a highway
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton
ENACTS AS FOLLOWS:
Maximum Rate of Speed—GO km/h
Highway From To
Guertin Road County Road #30 800 metres Westerly
The penalties provided in Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this S day of September2017.
Mark A. Walas, Mayor Candi Doiron, Clerk
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The Corporation of the Municipality of Brighton
By-Law No. 072-2015
Being a By-law to Prescribe the Rate of Speed on Old Wooler Road
Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allowsa municipality to pass a by-law in respect of a highway if it has jurisdiction over thehighway;
And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;
And Whereas the Municipal Act 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipal may pass by-laws, subject to the rules set out insubsection (4), respectIng matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Act, RSO iggo, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under Its jurisdiction, by by-law prescribe a rateof speed;
And Whereas the Council of the Corporation of the Municipality of Brighton deemsIt expedient to prescribe the rate of speed on said portion of highway;
Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts a maximum rate of speed of 60 km/hour (portions formerly 80 km/hour) forthe entire length of Old Wooler Road in the Municipality of Brighton.
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to offences against this by-law.
This by-law to become effective on the date of passing. Read a first, second andthird time and finally passed this 9th day of September, 2015.
Vicki Kimmett, Deputy ClerkMark A. Walas, Mayor
Page 235 of 371
The Corporation of the Municipality of Brighton
By-Law No. 059-2014
Being a By-Law to Prescribe the Rate of Speed on a Highway(Baldwin Street)
Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;
And whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, asamended, states that a highway is owned by the municipality that hasjurisdiction over it subject to any rights reserved by a person who dedicated thehighway or any interest in the land held by any other person;
And whereas the Municipal Act, 2001, as amended, provides in Section 11(3),in part, that a lower tier municipality may pass by-laws, subject to the rules setout in subsection (4), respecting matters within the following sphere ofjurisdiction: 1. Highways, including parking and traffic on highways;
And whereas the Highway Traffic Act, RS0 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;
And whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
Maximum Rate of Speed —40 km/hr(formerly 50 km/hi)
Highway From To
Baldwin St. Harbour Street Bay Street
The penalties provided in Subsection 14 ofSection 128 of the Hiqhway TrafficAct shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 11°day of August, 2014.
Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk
Page 236 of 371
The Corporation of the Municipality of Brighton
By-Law No. 036-2013
Being a By-Law to Prescribe the Rate of Speed on Scriver Road(Between Whites Road and Smith Street)
Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;
And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;
And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;
And Whereas the Council of the Corporation of the Municipality of Brighton deemsit expedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
Maximum Rate of Speed — 60 km/hr
Highway Between And
Scriver Road Whites Road Smith Street
The penalties provided in Subsection 14 ofSection 128 of the H,ghway Traffic Actshall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 6th day ofMay, 2013.
Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk
Page 237 of 371
The Corporation of the Municipality of Brighton
BY-LAW NO. 050 -2012
Being a By4aw to Prescribe the Rate of Speed on a Highway(Middle Ridge Road and a Section of Old Wooler Road)
Whereas Section 27 of the Municipal Ad 2001,5.0. 2001, c.25, as amended, allow5 amunicipality to pass a by-law in respect of a highway lilt has jurisdiction over thehighway;
And Whereas Section 30 of the Municipal Act 2001, 5.0.2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land heldby any other per5on;
And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), In part,that a lower tier municipality may pass by-laws, subject to the rules set out in5ubsection (4), respecting matters within the following sphere of jurIsdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Act, RSO 1990, Chapter H.B, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
And Whereas the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brighton enactsas follows:
Maximum Rate of Speed — 60km/hr(formerly 80 km/hr)
HiRhway From To
Middle Ridge Road Telephone Road Full lengthOld Wooler Road (For 1.2 km section starting 1.4km east of County Road 30)
The penalties provided in Subsection .14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 161h day ofJuly, 2012.
Page 238 of 371
THE CORPORATION OF THE MUNiCIPALITY OF BRIGHTON
BY-LAW NO.030-2012
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY
(Timber Ridge Drive, Ironwood Crescent and Fairway Crescent)
WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect ofa highway jilt has jurisdiction over the highway:
AND WHEREAS Section 30 of the Municipal Act 2001,5.0.2001, c25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act 2001, as amended, provides in Section 11(3), in port,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: LHighways, includingparking and traffic on highways:
AND WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may. for motor vehicles driven on a highwayor portion ofa highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed —40 km/hriformerlySo km/br)
Hiehwav From To
Timber Ridge Drive Bullis Road Full length
ironwood Crescent Timber Ridge Drive Full length
Ironwood Crescent Timber Ridge Drive Full length
The penalties provided in Subsection 14 ofSecUon 128 of the Highway Traffic Act shall apply to affences againstthis by-law
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 07th day of May.2012.
4 . i
Page 239 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 074-2011
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (BULLIS ROAD)
WHEREAS Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;
AND WHEREAS Section 30 of the Municipal Act 2001, S.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;
AND WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed - 60 km/hr(formerly 80 km/br)
Highway From To
Bullis Road Telephone Road southerly for 1.0 km to the existing 50km/hr zone on Bullis Road
The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shall apply to ojfences againstthis by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 19” day ofDecember, 2011.
Mark A. Walas, Mayor Gayle 1. Frost CAO/Clerk
Page 240 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 041-2 011
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (LAKESHORE ROAD)
WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;
AND WHEREAS Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;
AND WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed - 50km/hr(formerly 60 km/br)
Highway From To
Lakeshore Road HuffRoad 1.75 westerly to the Municipality ofBrighton boundary with the Township ofCramahe
The penalties provided in Subsection 14 ofSection 12 of the Highway Traffic Act shall apply to offences againstthis by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 18th day ofJuly,2011.
Mark A. Walas, Mayor Gayle J. Frost, CAO/Clerk
Page 241 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 076-20 10
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED
ON A HIGHWAY (BULLIS ROAD)
WHEREAS the Highway Traffic Act RSO 1990, Chapter H.B, Section 128 (1). (2) and (3)
provides that the Council of a municipality may, for motor vehicles driven on a highway or
portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it
expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTS
AS FOLLOWS:
Maximum Rate of Speed—SO km/li
Highway From To
Bullis Road White’s Road 1.0km northerly
The penalties provided in subsection 14 nI Section 128 oIthe Highway Traffic Act shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 18th day of
October 2010.
IChristine H rn gton, Mayor Gay e F/Frost, CAO/Clerk
CERTIFIED TO BE A TRUE COPY AND CORRECT COPY
OF THE ORIGINAL DOCUMENT V.-IICH HAS NOT BEEN
ALTERED [N ANY
MUNICIPALITY OF BRIGHTON
Page 242 of 371
WHEREAS the Highway Traffic Act, P50 1990, Chapter BR, Section 128 (1), (2) and (3)provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway.
NOW, THEREFORE, the Council of the Corporation of the Municipality of lirightonENACTS AS FOLLOWS:
Maximum Rate aiSpeed -50km/h
Richmond StreetCemetery RoadTwin LaneMoran Drive
County Road 21County Road 30County Road 30Richmond Street
Southerly to dead endRichmond StreetRichmond StreetRichmond Street
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to ollences against this by-law.
This by-law to become effective on the date of passing.
Read a first second and third time, and finally passed this I” day of March, 2010.
Christine Herrin, Mayor
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 016-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (HAMLET OF HILTON)
Highway From Th
Page 243 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 005-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (ELIZABETH STREET)
WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality oF Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:
Maximum Rate of Speed -50 km/h
Hi2hway From
Elizabeth Street Pinnacle Street South 0.85 km easterly (John Street)and Terry Fox Drive
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic ActshaLL apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first, second and third time and finally passed this 18 day of January, 2010.
Christine Herrington, Mayor Gayle J. Frost, CAO/Clerk
Page 244 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 004-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (CHATTEN ROAD)
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and
(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate of
speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton
ENACTS AS FOLLOWS:
Maximum Rate of Speed -60 km/h
Highway From To
Chatten Road County Road 30 Florence Road
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first second and third time and finally passed this 18 day ofjanuaiy, 2010.
Christine Kerrington, Mayor Gayle J. Frost CAO/Clerk
Page 245 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAV NUMBER 467-2007
Being a by-law In prescribe the rate of speed on a highway.
WHEREAS the L-Iighway Traffic Act, RSO 1990. Chapter 1-1.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-Ithv prescribe a rale ofspeed;
fl AND VHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion olhighway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —60 km/h
Hiehway From To
Bit/Ifs Road JVhite ‘s Road 1.0 kin nor/beth’
Hansen Road County Road 26 Brook c C’reseent
Lakeshore Road HuJJRoad Cramahe Th’sp boundary
Lawson Road County Road 64 Lawson Settlenient Road
Lit/lu Lake Road County RoadJO 1.5 km westerly
Telephone Root! County Road 26 Quinte I Vest boundary
The penalties provided in Subsection 14 of Section 128 of the l-Iighway Traffic Act shallapply to offenccs against this by-law.
This by-law to become effective on the date of passing.
IthAD A FIRST AND SECOND TIME, read a third time and ftnally passed this 2v dayof July 2007.
Page 246 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 439-2007
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Ad, RSO 1990, Chapter [1,8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;
AND VHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said porlion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —60 kmih
Highway From To
Stoney Pob,; Rout! North County Road #2 0.8 km south ofPowerline Road
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to olfences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 19ih
day of March, 2007.
Mayor
Page 247 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 326-2005
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Seclion 128(I), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rule of speed;
AND VHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate ofspeed on said portion of highway;
NOW, ThEREFORE, the Council of the Corporation of the Municipality ofBrighlon ENACTS AS FOLLOWS:
Maximum Rate of Speed—60 km/h
Highway From To
White’s Road 1,0 An, east ofCounty Road #26 1 Va It Street
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act
shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIMg, read a third time and finally passed this 15th
day of August, 2005
Clerk
Page 248 of 371
TIlE CORPORATION OF THE MIJNTCIPALITY OF BRIGHTON
BY-LAW NUMBER 226-2004
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8,Section 128 (1), (2) and (3) provides that the Council of a municipality may,for motor vehicles driven on a highway or portion of a highway under itsjurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipalityof Brighton deems it expedient to prescribe the rate of speed on said portionof highway;
• NOW, THEREFORE, the Council of the Corporation of theI Municipality of Brighton ENACTS AS FOLLOWS:
Maximum Rate of Speed-SO km/b
Highway From To
Lakeshore Road Presqu ‘lie Parkway HuffRoad
While’s Road County Road #26 1.0 km. easterly
Maximum Rate orSneed-60 km/h
Highway From To
Bonn Road Smith Street 0.5 km. northerly
Telephone Road County Road #30 0.8 km. easterly
The penalties provided in Subsection 14 of Section 128 of the Highway• Traffic Act shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passedthis 21st day ofJune 2004.
LLMayor Clerk/C.A,O.
Page 249 of 371
THE CORPORATION OF THE MUNICwarry OF BRIGHTON
BY-LAW NUMBER 111-2002
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND VHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFOflE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —40 km/h
Highway From To
Harbour Street County Rd. #63 Ontario Street(Prince Edivard Street)
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 4th dayof November 2002.
9 Mayor CIerWCAO.
Page 250 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 042-2001
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate orSpeed—50 km/b
Highway From To
Shoal Pain! Road Sioncy Point Rood South End
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 22ndday of August 2001.
MayoiCS’ CIerWCAO.
C-)
Page 251 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 031-2001
Beine a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highay Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. fur motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-Jaw prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —40 km/h
Highway From To
Little Lake Road County Road #30 200 metres west ofAlexanderRood
Maximum Rate otSpced —70 km/h
Highway From To
Telephone Road C’ouniy Road # 26 East Municipal Limits
The penalties provided in Subsection 14 of Section J28 of the Highway Traffic Act shaJiapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TtME, read a third time and finally passed this 8th dayof August 2001.
&tayor Cler .&O.
Page 252 of 371
CORPORATION OF THE TOWN OF BRIGHTON
BY-LAW NUMBER 1999-1015
Being a fly-Law to Prescribe the Rate of Speed on a Highway
WHEREAS the Highway Traffic Act, RSO 1990, ChapterN.8, Section 128 (1), (2) and
(3) provides that the Council of a municipality may, for motor vehicles driven on a
highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of
speed;
AND WHEREAS the Council of the Corporation of the Town ofBrighton deems it
expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Town of Brighton ENACTS
AS FOLLOWS:
Maxin tam Rate of Speed —40 km/h
Highway From ToMills Road Harbour Si’eet End of Mills Road
Nesbitt Drive Mills Road End ofNesbitt Drive
Lockwood Drive Mills Road End of Lockwood Drive
The penalties provided in Subsec ion 14 of Section 128 of the I-lighway Traffic Act shall
apply to offences against this by- aw.
This by-law to become effective un (lie date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 6” day
of October, 1999.
MayorP A A A
Page 253 of 371
CORPORATION OP THE TOWN OP BRIGHTON
BY—LAW NUMBER 1993—809
Being a By—Law to Prescribe
the Rate of Speed on a Highway
WHEREAS the Highway Traffic Act, RSO 1990, Chapter
14.8, Section 128 (1), (2) and (3) provides that the Council
of a municipality may, for motor vehicles driven on a highway
or portion of a highway under its jurisdiction, by by—law
prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the
Town of Brighton deems it expedient to prescribe the rate
of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of
the Town of Brighton EtACTS AS FOLLOWS:
Maximum Rate Of Speed — 40 km/h
Highway Proa To
Maplewood Avenue Monck Street Main Street
Richardson Street Prince Edward Street Maplewood Avenue
Maximum Rate Of Speed — 60 km/h
Highway Prom To
Highway No. 2 Ontario Street West Town Limits
(Main Street)
Unless otherwise indicated, all other highways within the
Corporation of the Town of Brighton shall have a prescribed
maximum rate of speed of 50 kilometres per hour.
The penalties provided in Subsection 14 of Section 128 of
the Highway Traffic Act shall apply to offences against this
by—law.
This by—law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally
passed this 21st day of June, 1993.
iTiVorClerk
U
Page 254 of 371
CORPORATION OF THE TOWN OF BRIGHTON
BY—LAW NUMBER 1986—403
Being a by—law to prescribe rate of speed on Highway
WHEREAS pursuant to Section 29(4) of the Public Transport
ation and Highway Improvement Act and by virtue of an Order in Council
numbered OC—2451/85, approved on the 10th day of October, 1985, the
portion of highway under the jurisdiction and control of the Ministry
of Transportation and Communications, known as King’s Highway No. 2
commencing at a point situate at its intersection with a westerly limit
of the roadway known as Oliphant Street and extending easterly therealong
for a distance of 1200 metres was transferred to the Town of Brighton and
WHEREAS the said portion of highway becomes part of the
Municipal street system and,
WHEREAS the Council of the Corporation of the Town of Brighton
deems it expedient to prescribe the rate of speed on said portion of
highway,
NOW, THEREFORE, the Council of the Corporation of the Town
of Brighton ENACTS AS FOLLOWS:
Maximum Rate of Speed — 50 km/h
From To
Centre line of Pinnacle Street easterlyfor a distance of 400 metres.
Highway No. 2
READ A FIRST AND SECOND TIME, READ A THIRD TIME AND FINALLY PASSED THIS
3rd day of February, 1986.
7/Mayor Clerk
F
Highway
____
Highway No. 2
Maximum Rate of Speed — 60 km/h
From 400 metres east of centre line ofPinnacle Street easterly to the Town of
Brighton east limits,
The penalties provided in subsection 13 of section 109 of the HighwayTraffic Act shall apply to offences against this by—law.
This by—law to become effective on date of passing.
/
Page 255 of 371
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Page 256 of 371
The Corporation of the Municipality of Brighton
By-Law Number 053-2018
Being a by-law to prescribe the rate of speed on a highway.
Whereas the Highway Traffic Act, RSO 1990, Chapter H.8, Section 12B (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;
And Whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
1. Maximum Rate of Speed —40 kmih
Highway From To
Raglan Street Cedar Street Ontario Street
The penalties provided in Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this I 8th day of June2018.
CandiFtoiron - ClerkA. Walas - Mayor
Page 257 of 371
The Corporation of the Municipality Of Brighton
By-Law No. 086-2017
Being a by-law to prescribe the rate of speed on a highway.
Whereas the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its Jurisdiction, by by-law prescribe arate of speed;
And Whereas the Council of the Corporation of the Municipality of Brighton• deems it expedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
Maximum Rate of Speed —60 km/h
Highway From To
Telephone Road Approximately 1.10 km Approximately 650mWest of County Road #30 Westerly
The penalties provided In Subsection 14 of Section 128 of the Highway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this 6th day of September2017.
ceDoiron,lr*Mark A. Walas, Mayor
Page 258 of 371
The Corporation of the Municipality of Brighton
WHEREAS the Highway Traffic Act, RSQ 1990, Chapter H.8, Section 128 (1), (2)and (3) provIdes that the Council of a municipality may, for motor vehicles drivenon a highway or portion of a highway under its jurisdiction, by by-law prescribe arate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton
ENACTS AS FOLLOWS:
Maximum Rate of Speed —60 km/h
Highway From
GueWn Road County Road #30 800 metres Westerly
The penalties provided in Subsection 14 of Section 128 of the HIghway TrafficAct shall apply to offences against this by-law.
This By-Law shall come into force and effect upon the date of final passingthereof.
Read a first, second and third time and finally passed this 5 day of September2017.
Q, I
Candi Doiron, Clerk
By-Law No. 077-2017
Being a by-law to prescribe the rate of speed on a highway
To
Mark A. Walas, Mayor
Page 259 of 371
The Corporation of the Municipality of Brighton
By-Law No. 072-2015
Being a By-law to Prescribe the Rate of Speed on Old Wooler Road
Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, allowsa municipality to pass a by-law in respect of a highway If It has jurisdiction over thehighway;
And Whereas Section 30 of the Municipal Ad 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;
And Whereas the Municipal Act 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipal may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Ad, R5O 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;
And Whereas the Council of the Corporation of the Municipality of Brighton deemsIt expedient to prescribe the rate of speed on said portion of highway;
Now1 therefore, the Council of the Corporation of the Municipality of Brightonenacts a maximum rate of speed of 60 km/hour (portions formerly 80 km/hour) forthe entire length of Old Wooler Road in the Municipality of Brighton.
The penalties provided In Subsection 14 of Section 128 of the Highway Traffic Adshall apply to offences against this by-law.
This by-law to become effective on the date of passing. Read a first, second andthird time and finally passed this 9th day of September, 2015.
- Vidi IGmmett Deputy ClerkMark A. Walas, Mayor
Page 260 of 371
The Corporation of the Municipality of Brighton
By-Law No. 059-2014
Being a By-Law to Prescribe the Rate of Speed on a Highway(Baldwin Street)
Whereas Section 27 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;
And whereas Section 30 of the Municipal Act 2001, S.0. 2001, c.25, asamended, states that a highway is owned by the municipality that hasjurisdiction over it subject to any rights reserved by a person who dedicated thehighway or any interest in the land held by any other person;
And whereas the Municipal Ad, 2001, as amended, provides in Section 11(3),in part, that a lower tier municipality may pass by-laws, subject to the rules setout in subsection (4), respecting matters within the following sphere ofjurisdiction: 1. Highways, including parking and traffic on highways;
And whereas the Highway Traffic Ad, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highway under its jurisdiction, by by-lawprescribe a rate of speed;
And whereas the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
Now, therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
Maximum Rate of Speed —40 km/hr(formerly 50 km/hr)
Highway From To
Baldwin St. Harbour Street Bay Street
The penalties provided in Subsection 14 ofSection 128 ofthe Highway TrafficAct shall apply to offences against this by-law
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 11th
day of August, 2014.
Mark A. Walas, Mayor Gayle J. Frost, CAOlCIerk
Page 261 of 371
The Corporation of the Municipality of Brighton
By-Law No. 036-2013
Being a By-Law to Prescribe the Rate of Speed on Scriver Road(Between Whites Road and Smith Street)
Whereas Section 27 of the Municipal Act 2001, S.O. 2001, c.25, as amended,allows a municipality to pass a by-law in respect of a highway if it has jurisdictionover the highway;
And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended,states that a highway is owned by the municipality that has jurisdiction over itsubject to any rights reserved by a person who dedicated the highway or anyinterest in the land held by any other person;
And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), inpart, that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Act, RSD 1990, Chapter H.8, Section 128 (1), (2)and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rateof speed;
And Whereas the Council of the Corporation of the Municipality of Brighton deemsit expedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brightonenacts as follows:
Maximum Rate of Speed — 60 km/hr
Highway Between And
Scriver Road Whites Road Smith Street
The penalties provided in Subsection 14 ofSection 128 of the H,ghway Traffic Actshall apply to offences against thiS by-law
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 6th day ofMay, 2013.
Mark A. Walas, Mayor Gayle J. Frost, CAD/Clerk
Page 262 of 371
The Corporation of the Municipality of Brighton
BY-LAW NO. 050 -2012
Being a By-Law to Prescribe the Rate of Speed on a Highway(Middle Ridge Road and a Section of Old Wooler Road)
Whereas Section 27 of the Municipal Ad 2001,5.0. 2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over thehighway;
And Whereas Section 30 of the Municipal Act 2001, 5.0. 2001, c.25, as amended, statesthat a highway Is owned by the municipality that has jurisdiction over it subject to anyright5 reserved by a person who dedicated the highway or any interest in the land heldby any other person;
And Whereas the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out insubsection (4), respecting matters within the following sphere of jurisdiction: 1.Highways, including parking and traffic on highways;
And Whereas the Highway Traffic Act, R50 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
And Whereas the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
Now, Therefore, the Council of the Corporation of the Municipality of Brighton enactsas follows:
Maximum Rate of Speed — 60km/hr(formerly 80 km/hr)
Highway From To
Middle Ridge Road Telephone Road Full lengthOld Wooler Road (For 1.2 km section starting 1.4km east of County Road 30)
The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 161h day ofJuly, 2012.
‘I
.1 1
Page 263 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO.030-2012
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY
(Timber Ridge Drive, Ironwood Crescent and Fairway Crescent)
WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c25, as amended, allows amunicipality to pass a by-law in respect of a highway if Ithas jurisdiction over the highway;
AND WHEREAS Section 30 of the Municipal Act 2001, 5.0.2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;
AND WHEREAS the Highway Traffic Act, RS0 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may. for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion olhighway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed -40 km/hr(formerly SO km/hr)
Highway From To
Timber Ridge Drive Bullis Road Full length
Ironwood Crescent Timber Ridge Drive Full length
ironwood Crescent Timber Ridge Drive Full length
The penalties provided in Subsection 14 ofSection 128 oldie Highway Traffic Act shall apply to offences againstthis by-law
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 07th day of May.2012.
A
Page 264 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 074-2011
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (BULLIS ROAD)
WHEREAS Section 27o1 the Municipal Act 2001, S.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;
AND WHEREAS Section 30 of the Municipal Act 2001, S.0. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act, 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;
AND WHEREAS the Highway Traffic Act, R50 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed -60 km/hr(formerly 80 km/hrj
Highway From To
Bullis Road Telephone Road southerly for 1.0 km to the existing 50km/hr zone on Bullis Road
The penalties provided in Subsection 14 ofSection 128 ofthe Highway Traffic Act shall apply to offences againstthis by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 19th day ofDecember, 2011.
Mark A. Walas, Mayor Gayle j. Frost, CAO/Clerk
Page 265 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 041-2011
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEEDON A HIGHWAY (LAKESHORE ROAD)
WHEREAS Section 27 of the Municipal Act 2001, 5.0.2001, c.25, as amended, allows amunicipality to pass a by-law in respect of a highway if it has jurisdiction over the highway;
AND WHEREAS Section 30 of the Municipal Act 2001, S.O. 2001, c.25, as amended, statesthat a highway is owned by the municipality that has jurisdiction over it subject to anyrights reserved by a person who dedicated the highway or any interest in the land held byany other person;
AND WHEREAS the Municipal Act 2001, as amended, provides in Section 11(3), in part,that a lower tier municipality may pass by-laws, subject to the rules set out in subsection(4), respecting matters within the following sphere of jurisdiction: 1. Highways, includingparking and traffic on highways;
AND WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2J and(3) provides that the Council of a municipality may, for motor vehicles driven on a highwayor portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTSAS FOLLOWS:
Maximum Rate of Speed-SO km/hr(formerly 60 km/lw)
Highway From To
Lakeshore Road Huff Road 1.75 westerly to the Municipality ofBrighton boundary with the Township ofCramahe
The penalties provided in Subsection 14 ofSection 128 of the Highway Traffic Act shall apply to offences againstthis by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 18U day of July,2011.
Mark A. Walas, Mayor Gayle J. Frost CAO/Clerk
Page 266 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 076-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED
ON A HIGHWAY (BULLIS ROAD)
WHEREAS the HIghway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and (3)
provides that the Council of a municipality may, for motor vehicles driven on a highway or
portion of a highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems it
expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of Brighton ENACTS
AS FOLLOWS:
Maximum Rate of Speed - SO km/h
Highway From To
Bullis Road White’s Road 1.0 km northerly
The penalties provided in Subsection 14 olSeuion 128 of the Highway Traffic Act shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first and second time and read a third time and finally passed this 18th day of
October 2010.
Christine H rn gton, Mayor Gayle Frost CAU/Clerk
CERTIFIED TO BE A ThUR COPY AND CORRECT COPYOF THE ORIGINAL DOCUMENT WI-ITCH HAS NOT BEEN
ALTERED [N MY S
MUNICWALYYV OF BRIGHTON----‘—5’
Page 267 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 016-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (HAMLET OF HILTON)
WHEREAS the Highway Traffic Act. RSO 1990. Chapter H8, Section 128 (1), (2) and (3)provides that the Council of a municipality may, for motor vehides driven on a highwayor portion ofa highway under its jurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality of Brighton deems itexpedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:
Maximum Rate of Speed —50km/h
Hiehwav From 12
Richmond Street County Road 21 Southerly to dead endCemetery Road County Road 30 Richmond StreetTwin Lane County Road 30 Richmond StreetMoran Drive Richmond Street Richmond Street
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to olfences against this by-law.
This by-law to become effective on the date of passing.
Read a first, second and third time, and finally passed this jsi day of March, 2010.
- Christine Herrin, Mayor Gayle I. rost, CAD/Clerk
Page 268 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 005-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (ELIZABETH STREET)
WHEREAS the Highway Traffic Act RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:
Maximum Rate of Speed - 50 km/h
Highway From
Elizabeth Street Pinnacle Street South 0.85 km easterly (John Street)and Terry Fox Drive
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first second and third time and finally passed this 18U1 day of January, 2010.
Christine Herrington, Mayor Gayle J. Frost CAO/Clerk
Page 269 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NO. 004-2010
BEING A BY-LAW TO PRESCRIBE THE RATE OF SPEED ON AHIGHWAY (CHATTEN ROAD)
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1), (2) and(3) provides that the Council of a municipality may, for motor vehicles driven on ahighway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality of BrightonENACTS AS FOLLOWS:
Maximum Rate of Speed -60 km/h
Highway From To
Chatten Road County Road 30 Florence Road
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to offences against this by-law.
This by-law to become effective on the date of passing.
Read a first, second and third time and finally passed this 18th1 day of January, 2010.
Christine Herrington, Mayor Gayle J. Frost, CAO/Clerk
Page 270 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 467-2007
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128 (I),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under ils jurisdiction, by by-Idw prescribe a rate ofspeed;
C) AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, ThEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Telephone Road Cowztj’ Road 26 Quinte West boundary
The penalties provided in Subsection 14 of Section 128 or the Highway Traffic Act shallapply to olTences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 23 dayofiuly 2007.
N
Page 271 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 439-2007
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter 11.8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehiclesdriven on a highway or portion of a highvVay under its jurisdiction, by by-lawprescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said portion of highway;
NOV, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —60 km/h
Highway From
Sioney Point Road Not/li Cowuv Road #2 0.8 km south ofPower/inc Road
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Actshall apply to olTences against this by-law.
Tins by-law to become effeclive on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this jqth
day of March, 2007.
- —— --___
N
To
Mayor
Page 272 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 326-2005
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128(1), (2) and (3) provides that the Council of a municipality may, for motor vehicles
driven on a highway or portion of a highway under its jurisdiction, by by-law
II prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipality ofBrighton deems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rnte of Speed — 60 km/h
Highway From To
While’s Road 1.0 km east ofCounty Road #26 Walt Street
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act
shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST M’4D SECOND TIME, read a third time and finally passed this 15th
day of August, 2005.
_
I
Mayor Clerk
Page 273 of 371
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8,Section 128 (1), (2) and (3) provides that the Council of a municipality may,for motor vehicles driven on a highway or portion of a highway under itsjurisdiction, by by-law prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the Municipalityof Brighton deems it expedient to prescribe the rate of speed on said portionof highway;
NOW, THEREFORE, the Council of the Corporation of theMunicipality of Brighton ENACTS AS FOLLOWS:
Lakeshore Road Presqu lie Parkway HuffRoad
White’s Road County Road #26 1.0 km. easterly
Maximum Rate of Speed-60 km/h
Highway From
Bonn Road Smith Skeet 0.5 km. northerly
Telephone Road County Road #30 0.8 km. easterly
C
The penalties provided in Subsection 14 of Section 128 of the HighwayTraffic Act shall apply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passedthis 21st day ofJune 2004.
THE CORPORATION OF THE IUJMCWALITY OF BRIGHTON
BY-LAW NUMBER 226-2004
Being a by-law to prescribe the rate of speed on a highway.
Maximum Rate of Speed-50 km/h
Highway From To
To
‘.4
Clerk/C.A.O.
Page 274 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 111-2002
Being a by-law to prescribe the rate of speed on a highway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —40 km/h
Highway Frum To
Harbour Street County Rd. #64 Ontario &reet(Prince Edward Street)
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 4th dayof November 2002.
Mayor Clerk/CA.O.
Page 275 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 042-2001
Being a by-l.w to prescribe the rate orspeed a a hiflway.
WHEREAS the Highway Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may, for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate of
m sped;
AND WHEREAS the Council of the Corporation of the Municipality of Brightondeems it expedient to prescribe the rate ofspeed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Municipality ofBrighton ENACTS AS FOLLOWS:
Maximum Rate ofSpeed -5O km/h
Highway From To
Shoal Point Road Stoncy Point Road South End
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finalLy passed this 22ndday of August 2001.
Mayo4.L’ CkrWC.kO.
)
Page 276 of 371
THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON
BY-LAW NUMBER 031-2001
Beine a by-bw to prescribe the nie of speed on a hiflway.
WHEREAS the Highsay Traffic Act, RSO 1990, Chapter H.8, Section 128 (1),(2) and (3) provides that the Council of a municipality may. for motor vehicles driven ona highway or portion of a highway under its jurisdiction, by by-law prescribe a rate ofspeed;
AND WHEREAS the Council of the Corporation of the MunicipaLity of Brightondeems it expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the MunicipaLity ofBrighton ENACTS AS FOLLOWS:
Maximum Rate of Speed —40 km/h
Highway From To
Little Lake Road County Road 4 30 200 metres west ofAlexanderRoad
Maximum Rate of Speed—70 km/h
Highway From To
Telephone Road County Road 4 26 East Municipal Limits
The penalties provided in Subsection 14 of Section 128 of the Highway Traffic Act shallapply to offences against this by-law.
This by-law to become effective on the date of passing.
READ A FIRST AND SECOND TLME, read a third time and finally passed this 8th dayof August 2001.
CIOZ
Page 277 of 371
CORPORATION OF THE TOWN OF BRIGHTON
BY-LAW NUMBER 1999-1015
Being a By-Law to Prescribe the Rate of Speed on a Highway
WI IEREAS the Highway Traffic Act, RSO 1990, Chapter F1.8, Section 128 (1), (2) and
(3) provides that the Council of a municipality may, for motor vehicles driven on a
highway or portion of a highway tinder its jurisdiction, by by-law prescribe a rate of
speed;
AND WHEREAS the Council of the Corporation of the Town ofBrighton deems it
expedient to prescribe the rate of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of the Town of Brighton ENACTS
AS FOLLOWS:
Maxin ium Rate of Speed —40 km/h
Highway From ToMills Road Harbour Sitet End of Mills Road
Nesbitt Drive Mills Road End ofNesbitt Drive
Lockwood Drive Mills Road End of Lockwood Drive
The penalties provided in Subsection 14 of Section 128 of the 1-lighway Traffic Act shall
apply to offences against this by- aw.
This by-law to become effective .n the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally passed this 6h day
of October, 1999.
___________
A A_
Mayor f Clerk
Page 278 of 371
CORPORATION OP THE TOWN OF BRIGHTON
BY—LAW NUMBER 1993—809
Being a By—Law to Prescribe
the Rate of Speed on a Highway
WHEREAS the Highway Traffic Act, RSO 1990, Chapter
H.8. section 128 (1) (2) and (3) provides that the Council
of a municipality may, for motor vehicles driven on a highway
or portion of a highway under its jurisdiction, by by—law
prescribe a rate of speed;
AND WHEREAS the Council of the Corporation of the
Town of Brighton deems it expedient to prescribe the tate
of speed on said portion of highway;
NOW, THEREFORE, the Council of the Corporation of
the Town of Brighton EWACTS AS FOLLOWS:
Maximum Rate Of Speed — 40 km/h
Highway Eros To
Maplewood Avenue Monck Street Main Street
Richardson Street Prince Edward Street Maplewood Avenue
Maximum Rate Of Speed — 60 km/h
Highway Pros To
Highway No. 2 Ontario Street West Town Limits
(Main Street)
Unless otherwise indicated, all other highways within the
Corporation of the Town of Brighton shall have a prescribed
maximum rate of speed of 50 kilometres per hour.
The penalties provided in subsection 14 of Section 128 of
the Highway Traffic Act shall apply to offences against this
by — law.
I This by—law to become effective on the date of passing.
READ A FIRST AND SECOND TIME, read a third time and finally
passed this 21st day of June, 1993.
Clerk
U
Page 279 of 371
CORPORATION OF THE TOWN OF BRIGHTON
BY—LAW NUMBER 1986—403
Being a by—law to prescribe rate of speed on Highway
WHEREAS pursuant to Section 29(4) of the Public Transport
ation and Highway Improvement Act and by virtue of an Order in Council
numbered OC—265l/85, approved on the 10th day of October, 1985, the
portion of highway under the jurisdiction and control of the Ministry
of Transportation and Communications, known as King’s Highway No. 2
commencing at a point situate at its intersection with a westerly limit
of the roadway known as Oliphant Street and extending easterly therealong
for a distance of 1200 metres was transferred to the Town of Brighton and
WHEREAS the said portion of highway becomes part of the
Municipal street system and,
WHEREAS the Council of the Corporation of the Town of Brighton
deems it expedient to prescribe the rate of speed on said portion of
highway,
NOW, THEREFORE, the Council of the Corporation of the Town
of Brighton ENACTS AS FOLLOWS:
Maximum Rate of Speed — 50 km/h
Highway From To
Highway No. 2 Centre line of Pinnacle Street easterlyfor a distance of 400 metres.
Maximum Rate of Speed — 60 km/h
Highway No. 2 From 400 metres east of centre line ofPinnacle Street easterly to the Town of
Brighton east limits.
The penalties provided in subsection 13 of section 109 of the HighwayTraffic Act shall apply to offences against this by—law.
This by—law to become effective on date of passing.
READ A FIRST AND SECOND TIME, READ A THIRD TIME AND FINALLY PASSED THIS
3rd day of February, 1986.
7/ /7
Mayor Clerk
Page 280 of 371
r-c -i1_jn- r-’’- -- ‘-‘--
ZD
GORDON CARTONMINISTER OF TRHSPORTATION
AND COMr1Ljt-JICATIONS
Certified to beNo. 1973—33 asof the Villageon August 7th,
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- iv, nrtin nt’ Nio’nv set-- nut beinv is aI:ed in cen- 1 ia-uce ‘it h1 :‘—rot t O15 *Ir.Vp -1::e ] ‘1t 2 ‘iC .oi;
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- “‘- r :1 ti r(1r fl’’ bPO ZL’ 1 0 ruf cecton1. lh F_ -‘ j1.’f r’ :1’t nLr’ I -nij to
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1 — 7’L‘-‘-: c :atst 1 07.4-I.
Approved this 27 day of AUG 1973pursuant to the provisions ofThe Highway Traffic Act.
,/1
Pen
Re’gistrar
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u4rc[’
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Clerk
a true mad correct copy of By—Lawsed by the Council of the Corporationof Brighton at their meeting held1973.
Page 281 of 371
Municipality of Brighton
Council Meeting
Council Date: 12 Aug 2019
To: Mayor and Members of Council
Prepared By: Linda Widdifield, Director of Finance & Administrative Services
Reviewed By: Bob Casselman
Department: Finance
Subject/Title: Procurement Policy Review Report
Recommendation:
That Council approve the Procurement Policy and adopt the Procurement Policy by By-law.
Background/Purpose:
The Municipality of Brighton is guided by the Purchasing By-law 2006-371 and the Purchasing Policy, identified as Schedules ‘A’ and ‘B’ to the Purchasing By-law 2006-371.
Section 270 of the Municipal Act, 2001 requires a municipality to “adopt and maintain policies including for the procurement of goods and services.”
On June 5, 2017, staff presented a procurement policy to update the 2006 purchasing by-law. Council did not adopt a new policy at that time.
Analysis/Comments:
The purpose of a purchasing (procurement) by-law and policy is to ensure integrity and transparency of a municipality’s procurement system, to provide the roles, responsibilities and authorities of staff and elected officials in carrying out procurement and to comply with the requirements of Section 270 of the Municipal Act.
Page 282 of 371
Once adopted, a procurement by-law and policy will comply with all applicable laws, regulations, by-laws, policies and trade agreements. It will ensure an open, fair and transparent process that will allow equal access to all qualified suppliers, achieve the best value to municipal expenditures with an effective balance between accountability and efficiency and will adhere to the highest standards of ethical conduct.
The procurement by-law should be consistent with those of similar sized municipalities. Reviewing policies and updating them to reflect changing situations is good practice.
The Northumberland Treasurers group meet regularly to discuss municipal finance initiatives. One of the initiatives that the Treasurers have been reviewing is the procurement policies for each municipality in Northumberland County. The Treasurers have looked closely at Northumberland County’s Procurement Policy and, as a group have decided to use this policy as a base for creating our individual policies. Northumberland County has a professional purchasing manager and the policy has been vetted through their legal.
Municipal staff have written, reviewed and revised the attached policy. Once the policy was satisfactory to staff, it was sent to the municipal auditor and legal for their reviews. Comments from BDO Canada LLP and from Cunningham Swan Carty Little and Bonham LLP have been taken into consideration in the attached policy.
Legal/Legislative:
Financial Implications:
Strategic Plan Alignment:
STRATEGIC INITIATIVES:
1. Be a responsible municipal team.
Attachments:
Procurement Policy
Page 283 of 371
2
The Corporation of the Municipality of Brighton
Procurement Policy
August 12, 2019
Page 284 of 371
3
Contents
Section 1: Purpose and Principles .................................................................................... 5
Appendix 6 – Delegation of Authority Form ....................................................................... 37
Appendix 7 – Procurement Notification Form .................................................................... 39
Appendix 8 – Record of Bid Opening ................................................................................ 40
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5
Section 1: Purpose and Principles 1.1 Purpose This Policy is intended to:
(a) Express the Municipality’s principles and objectives in relation to its procurement program;
(b) Describe the roles, responsibilities and authorities of the Municipality’s employees, officers and elected officials in carrying out the Municipality’s procurement operations;
(c) Authorize the CAO or Director of Finance and Administrative Services (Treasurer) to implement detailed procurement procedures and protocols that are consistent with the intent of this Procurement Policy and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the Municipality; and
(d) Comply with the requirements of Section 270 of the Municipal Act, S.O., 2001, as amended from time to time.
1.2 Principles Procurement is the process by which the Municipality acquires Goods and Services. Effective procurement is a critical support function for local governments as they responsibly manage public funds. The objective of this Procurement Policy is to ensure that the Municipality conducts Procurement Processes that conform to the following principles:
(a) Compliance with all applicable laws, regulations, by-laws, policies and trade agreements as further set out in this Procurement Policy;
(b) Consistency with other Municipal by-laws, policies and procedures; (c) Open, fair and transparent procurement that affords equal access to all qualified
suppliers; (d) Reciprocal non-discrimination and geographic neutrality with respect to Ontario’s
trading partners; (e) Achieving best value for the Municipality for the expenditure of public funds
through consideration of each Solicitation Document type, Procurement Process method and the adoption of Commercially Reasonable Business Practices;
(f) Effective balance between accountability and efficiency; and (g) Ensuring adherence to the highest standards of ethical conduct, including
compliance with the Municipality’s Conflict of Interest Policy. Section 2: Interpretation and Application 2.1 Defined Terms The following definitions apply in this Procurement Policy:
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6
(a) Award – the acceptance of a Bid by the Municipality;
(b) Bid - a submission in response to a Solicitation Document;
(c) Bidder - a supplier that submits a Bid;
(d) Chief Administrative Officer (CAO) - the Municipality’s administrator;
(e) Commercially Reasonable Business Practices - refers to efforts or practices that Municipal Government would generally regard as sufficient to constitute reasonable efforts under the circumstances and what can be done should be done, in the context and purpose of the contract;
(f) Competitive Process -either an Open Competition or an Invitational Competition;
(g) Competitive Procurement Project - a Procurement Project conducted through a
Competitive Process;
(h) Competitive Procurement Procedures - the Municipality’s procedures for conducting Competitive Procurement Projects, as developed, maintained and updated by the Director of Finance and Administrative Services (Treasurer);
(i) Conflict of Interest - any action, decision or recommendation by a Municipal Representative where the effect of which could be to the private pecuniary benefit or detriment of the Municipal Representative or the Municipal Representative’s Family;
(j) Council - the Council of the Corporation of the Municipality of Brighton;
(k) Department - one of the Municipality’s business units, departments or divisions;
(l) Department Head - the head of any Municipal Department and includes a manager,
director or administrator; (m) Direct Award (a.k.a. ‘single source’ or ‘sole source’ awards) - Goods and Services
acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required ;
(n) Director of Finance and Administrative Services (Treasurer) - the head of the Municipality’s Finance Department;
(o) Emergency Purchase - a situation where the purchase of Goods and Services was
necessary because of an immediate risk to the safety or health of Municipal employees or the general public or because of the possibility of serious damage to Municipal or private property, as approved at the appropriate approval level set out in section 6.4.2;
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7
(p) Formal Quote – written and documented submission by the Bidder for purchases with
a value of between $5,000 and $25,000 issued as a Request for Quotes (RFQ);
(q) Goods and Services – products and labour that are bought and sold in an economy, including construction contracts;
(r) Highest Scoring Bidder – the respondent to a Solicitation Document who scored with the most points out of 100 by the Review Team using a pre-established matrix;
(s) Informal Quote – telephone, fax or email quotes for Low Cost Purchases;
(t) In-House Bid – means a bid made by a Department, submitted in response to a
Solicitation Document where the provision of the Goods and Services will be provided by a Municipal Representative;
(u) Invitational Competition - a process initiated by way of an invitation to at least
three suppliers to submit Bids;
(v) Low Cost Purchase - the purchase of Goods and Services with a procurement value of less than $25,000;
(w) Low Cost Purchase Procedures - the Municipality’s procedures for making Low
Cost Purchases, as set out in section 5.1.1 of this Policy;
(x) Municipal Representative – an employee or elected official of the Municipality;
(y) Municipal Representative’s Family – the spouse or domestic partner, parents, grandparents, children, grandchildren and siblings of a Municipal Representative;
(z) Municipality - The Corporation of the Municipality of Brighton;
(aa) Open Competition - a process initiated by way of a publicly posted Solicitation Document;
(bb) Procurement Process – a streamlined purchasing practice that ensures competitive value and quality for Goods and Services;
(cc) Procurement Project - any purchase of Goods and Services by one of the
Municipality’s Departments, including Competitive Procurement Projects and Direct Awards;
(dd) Prohibited Communications – contacting any member of Municipal staff or Council other than the individual named on the Solicitation Document;
(ee) Qualified Supplier Roster - a list of suppliers that have participated in and
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8
successfully met the requirements of a Request for Supplier Qualifications (RFSQ), and have been pre-qualified to compete for discrete work assignments involving the delivery of a particular type of Goods and Services that may be required during the term of the Roster. May also be suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland;
(ff) Request for Proposal (RFP) - a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals;
(gg) Request for Quotes (RFQ) – a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit quotations;
(hh) Request for Tender (RFQ) – a formal document that solicits responses for a specified scope and quantity of Goods and/or Services to potential suppliers to submit bids;
(ii) Review Team – Municipal staff and/or consultants that are selected by the Department Head to review and score technical requirements for all Bids received in response to a Solicitation Document;
(jj) Roster Competition - an expedited form of competition between suppliers that have
been included on a Qualified Supplier Roster by The Municipality of Brighton or The County of Northumberland;
(kk) Solicitation Document - the document used to solicit Bids from Bidders, including
a Request for Tender (RFT)/Invitation to Tender (ITT); a Request for Proposal (RFP); a Request of Quotations (RFQ); or a Request for Supplier Qualification (RFSQ);
(ll) Standing Offer - a contractual commitment for a defined term, usually in the form of
an annual purchase award, between the Municipality and a selected supplier for the supply of particular Goods and Services, as requested through an ordering process, at a predetermined price or discount;
(mm) Successful Bid(der) – the highest scoring response to a Solicitation Document that would provide the Municipality with the desired Goods and Services at the optimal value, considering all parameters relevant to the Bid;
(nn) Supply Arrangement - an established arrangement with suppliers that have been pre-qualified to provide particular Goods and Services to the Municipality during a specified period of time. Such arrangements include Standing Offers and Qualified Supplier Rosters;
(oo) Tender – a formal document that solicits responses for the provision of specific Goods and Services at a stated price;
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9
(pp) Unsuccessful Bid(der) – a response to a Solicitation Document that was not
selected to provide the Municipality with the Goods and Services. 2.2 Application This Procurement Policy applies to the purchase of all Goods and Services except those items set out in Appendix 2.
2.3 Procurement Value In order to ensure that Procurement Projects are conducted in accordance with this Policy, it is important to accurately estimate the value of the Procurement Project. The value of a Procurement Project will include all costs to the Municipality such as acquisition, maintenance, replacement, disposal, training, delivery, installation and extension options, but will exclude applicable sales taxes.
2.4 Contract Splitting Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Procurement Policy is not permissible.
2.5 Cooperative Purchasing The Municipality may participate with other governments or public sector entities in cooperative purchasing ventures or joint contracts when it is in the best interests of the Municipality to do so. The cooperative Procurement Process may be conducted in accordance with the procurement policies and procedures of the entity that is responsible for coordinating and leading the process, provided that those policies and procedures are consistent with the Municipality’s obligations under applicable trade agreements and the principles set out in this Procurement Policy.
2.6 Purchasing Procedures and Protocols
In addition to the Procurement Policy, the Municipality has a number of procedures, protocols, forms and templates for use during the procurement cycle to assist Department Heads in achieving compliance with the Policy. Department Heads should confer with the Director of Finance and Administrative Services (Treasurer) to ensure that they have all the necessary, up-to-date tools for each stage of a Procurement Project. Section 3: Ethical Conduct and Conflicts of Interest 3.1 Municipality’s Conduct and Internal Conflicts of Interest
3.1.1 The Municipality must ensure that the management of all Procurement Projects is
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10
free from Conflicts of Interest. All participants in the Procurement Project (including procurement staff, involved members of the Department, and members of the Review Team) must ensure that they do not have a Conflict of Interest.
3.1.2 Elected officials within the Municipality must not have any direct or indirect involvement in any Procurement Project or decision outside of the required approvals set out in this Procurement Policy.
3.1.3 Personal purchases (which are purchases by an employee or elected official of the
Municipality, which are not for the benefit of the Municipality, but for the benefit and use of the requesting party) are prohibited. No Municipal Representative, committee member or member of a local board, volunteer firefighter, or their immediate family member may submit a Bid in response to a Solicitation Document.
3.1.4 Municipal employees shall review the Municipality’s Conflict of Interest Policy
(Policy HR 100) and shall ensure that all purchasing decisions and Procurement Projects are managed in accordance with this Policy and the Conflict of Interest Policy.
3.2 Suppliers’ Conduct and External Conflicts of Interest
3.2.1 All suppliers are required to declare, as part of their Bid in a Procurement Process, that there are no Conflicts of Interest or provide details of any actual or apparent Conflicts of Interest. Before issuing a Solicitation Document, Department Heads shall ensure that all procurement templates include appropriate Conflict of Interest language and written declaration requirements.
3.2.2 Where a supplier is retained to participate in the development of a Solicitation
Document, that supplier will not submit a Bid or directly or indirectly participate in the submission of any Bid in response to that Solicitation Document. While this restriction shall be deemed to apply to all Municipal Procurement Projects, it will be disclosed in the initial Procurement Process by which the supplier is retained.
3.2.3 The Municipality expects its suppliers to act with integrity and the Municipality may
refuse to do business with any supplier that:
(a) has a Conflict of Interest; (b) is known to have engaged in illegal or unethical bidding practices.
3.2.4 Illegal or unethical bidding practices include:
(a) bid-rigging, price-fixing, bribery or collusion or other behaviours or practices
prohibited by federal or provincial statutes; (b) attempting to gain favour or advantage by offering gifts or incentives to
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11
Municipal officers and employees, members of Council or any other representative of the Municipality;
(c) lobbying members of Council or Municipal officers and employees or engaging in any prohibited communications during a Procurement Process;
(d) submitting inaccurate or misleading information in response to a procurement opportunity; and
(e) engaging in any other activity that compromises the Municipality’s ability to run a fair Procurement Process.
Section 4: Roles and Responsibilities In accordance with best practices in municipal procurement, Council recognizes the need for a clear separation of political and administrative functions in relation to the Municipality’s procurement operations. 4.1 The Role of Council
4.1.1 It is the role of Council to establish policy and to approve expenditures through the Municipality’s budget approval process. Through this Policy, Council delegates to the Municipality’s employees the authority to incur expenditures in accordance with approved budgets through the procurement of Goods and Services in accordance with the rules and processes set out in this Policy.
4.1.2 To facilitate Council’s oversight role in respect of significant projects, Council may
require Department Heads to obtain Council’s authority to initiate specific procurements by identifying procurement projects of interest such as procurements that are of a high value or involve significant risk, security concerns or community interest.
4.1.3 To avoid the potential appearance of bias or political influence in procurement
contract award decisions, members of Council will have no involvement in Procurement Processes, except where Council is required to approve the contract award in accordance with Section 6.3 of this Policy.
4.2 Roles and Responsibilities of Municipal Officers and Employees The roles and responsibilities of Municipal officers and employees are as follows:
4.2.1 Department Head:
(a) Identifies the need or requirement to be satisfied through a Procurement
Project; (b) Builds a Procurement Project through the appropriate Solicitation Document
and obtains appropriate approval prior to proceeding to market; (c) Develops or identifies an approved funding source; (d) Determines first if there are internal sources of supply or existing supply
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12
arrangements through consultation with the Director of Finance and Administrative Services (Treasurer);
(e) Researches and understands external market conditions and potential sources of supply;
(f) Authorizes purchases that are within their delegated authority as set out in this Policy;
(g) Ensures employees involved in Procurement Projects have appropriate training;
(h) Attends Bid Openings, as required; (i) Ensures Department compliance with all procurement policy guidelines,
applicable laws, trade agreements and regulations; (j) Keeps the Procurement Project record for their Department, and; (k) Supports the promotion of compliance with this Policy and of sound
procurement practices and the education and training to employees involved in Procurement Projects.
4.2.2 Director of Finance and Administrative Services (Treasurer):
(a) Researches, develops, updates and communicates corporate purchasing policies, procedures, guidelines and standards;
(b) Provides oversight of the Procurement Process; (c) Advises staff on policies, regulations and legislation affecting procurement; (d) Provides appropriate orientation, training and tools to employees involved in
procurement; (e) Advises on Competitive Procurement Projects; (f) Monitors compliance across the organization and reporting on performance to
the CAO and Department Heads; (g) Ensures proper internal controls including segregation of duties; and (h) Attends Bid Openings, as required.
4.2.3 Chief Administrative Officer:
(a) Approves purchases per the Delegation of Authority; (b) Attends Bid Openings, as required; and (c) Provides oversight of the Procurement Process.
4.2.4 Finance Department:
(a) Processes of all payments to vendors; and (b) Monitors established internal controls for the Procurement Process.
4.2.5 Municipal Clerk or Deputy Clerk:
(a) Receives all Bid Responses; (b) Attends Bid Openings (c) Organizes Bid Opening venue, time, date and invitations to appropriate Staff; and
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13
(d) Records all Bids including company name and price before HST.
4.2.6 Council:
a) Approves Procurement Policy; b) Approves Budget for Capital/Operating expenditures; c) Approves Qualified Supplier Roster; and d) Approves purchases valued at $100,000.00 or greater in accordance with
Appendix 4. 4.3 Roles and Responsibilities of Committees of Council:
(a) Work within their approved Budget when recommending purchasing by
resolution, as a Committee; (b) Assist staff by providing requirements of the procurement so that supporting
staff can purchase through the appropriate Procurement Process and Delegation of Authority;
Section 5: Procurement Methods
5.1 Standard Procurement A Standard Procurement is the acquisition of Goods and Services through the applicable process described in this Section. All Standard Procurement Processes must be approved, conducted and reported in accordance with this Policy and all applicable procedures and protocols. 5.1.1 Low Cost Purchase
(a) Purchases up to $1,000
Departments may acquire Goods and Services with a procurement value of less than $1,000, in accordance with this Section and the Municipality’s Low-Cost Purchase Procedure. The Department Head may authorize specific employees within the Department to make Low Cost Purchases. Low Cost Purchases includes the use of Departmental Petty Cash, as assigned by the Director of Finance and Administrative Services (Treasurer). Petty Cash shall be managed in accordance with the Cash Handling Policy. The Department Head is responsible and accountable for Low Cost Purchases and must sign each payment voucher or invoice for employees who do not have delegated authority under Appendix 4.
(b) Purchases $1,000 and over But Under $5,000
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A Competitive Process is required for purchases over $1,000 but under $5,000. Informal quotes must be received and documented.
(c) Purchases $5,000 and over But Under $25,000
For the purchase of Goods and Services with a procurement value of $5,000 or over but under $25,000, the Department Head must obtain at least three (3) documented Formal Quotes from qualified suppliers. Quotations may be solicited by fax or email. Verbal quotes are not accepted. (d) Purchases over $25,000: Refer to section 5.1.3 - Competitive Process
5.1.2 Supply Arrangement
The Municipality may enter into Supply Arrangements with one or more supplier(s) for the supply of particular Goods and Services.
(a) Purchasing Under Existing Supply Arrangements
It is the responsibility of the Department Head to determine if there is an existing Supply Arrangement for the required Goods and Services before making a purchase. When the required Goods and Services are available under an existing Standing Offer through a signed Agreement with the Municipality, the Department Head shall purchase the Goods and Services the through the established ordering process.
When a Qualified Supplier Roster has been established for the required Goods and Services, the Goods and Services shall be purchased through a Roster Competition. The Department Head may refer to a Qualified Supplier Roster that has been approved by the Municipality or The County of Northumberland.
(b) Establishment of Supply Arrangements
A Department Head may consider establishing a Supply Arrangement for Goods and Services that are required on a regular or repetitive basis by one or more Departments. If a Department Head anticipates making multiple purchases of the same Goods and Services and the total value of those purchases may exceed $25,000, the Department Head must consider the possibility of establishing a Standing Offer. Supply Arrangements are established through a Competitive Process managed
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by the Department Head and conducted in accordance with the Municipality’s Competitive Procurement Process.
5.1.3 Competitive Procurement Process
Goods and Services with a procurement value of $25,000 or over must be conducted in accordance with the Municipality’s Competitive Procurement Procedures. Competitive Procurement Projects involve a multi-stage procurement cycle and the roles and responsibilities of those involved in the various stages of a Procurement Project are described in detail in the Municipality’s Competitive Procurement Procedures.
(a) Invitational Competition
For the purchase of Goods and Services at valued at$1,000 or over but under $5,000, the Department Head may conduct an Invitational Competition by issuing a Solicitation Document to at least three (3) qualified suppliers. (b) Open Competition
Where the Procurement Project is particularly complex or the market conditions warrant it, the Department Head, at his or her sole discretion, may determine that an Open Competition should be conducted. For the purchase of Goods and Services valued at $25,000 or over, Department Heads must conduct an Open Competition that involves the public posting of a Solicitation Document on the Municipality’s website. Each Bid posting shall include the title of the item to be purchased and the departmental control number (e.g. RFP PW 2019-01).
5.2 Non-Standard Procurement A Non-Standard Procurement is the acquisition of Goods and Services through a process or method other than the process and method normally required for the type and value of the required Goods and Services. The use of a non-standard Procurement Process is only permitted under the specific circumstances set out in Appendix 3 of this Policy. All non-standard Procurement Processes must be undertaken in accordance with this Policy and any applicable procedures and protocols. In seeking approval from the Chief Administrative Officer for a non-standard procurement, the Department Head shall provide full details to explain why the Procurement Project fits into one or more of the circumstances under Appendix 3. Non-Standard Procurement Processes include:
(a) Direct Awards Goods and Services are acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open
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Competition would normally be required.
(b) Limited Competition Bids are solicited from a limited number of suppliers when an Open Competition would normally be required.
5.3 In-House Bids
The acceptance and award of In-House Bids is not permitted. All Bids must follow the appropriate Procurement Process.
5.4 Unsolicited Proposals
All unsolicited proposals, including any offers for presentations or product/service trials submitted to the Municipality with the expectation on the part of the submitter of obtaining consideration for an ensuing contract or purchase by the Municipality will not be considered. In the event that an actual Goods and Services product presentation or demonstration would be required in advance of a purchase decision, such presentation or demonstration shall be included as part of the formal competitive Bid process.
Section 6: Procurement Approvals and Delegated Authorities 6.1 Delegated Authorities for Procurement
Delegated Authorities initiate procurement and approve a contract award based on the approval limits set out in Appendix 4 of this Policy. The CAO, Mayor, Deputy Mayor, Municipal Clerk and Director of Finance and Administrative Services (Treasurer) have the authority to bind the Corporation and are authorized to commit the Municipality to a contract through the execution of a legal Agreement.
All legal Agreements with a value over $100,000 must be authorized by by-law prior to being signed, except employment contracts. Employment Contracts are authorized by the Chief Administrative Officer.
6.2 Conditions of Delegated Authorities
The Delegated Authorities for procurement are subject to the following conditions:
(a) No contract award may be approved unless funded within the Council approved budget and the Procurement Process was conducted in accordance with this Policy.
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6.3 Council Approval
Council approval for the award of a contract is required if:
(a) the procurement value exceeds the approval limits of Delegated Authorities set out in Appendix 4 of this Policy;
(b) any of the conditions of delegated procurement authorities as set out in section
6.2 of this By- law have not been met; or
(c) there is an irregularity or unresolved challenge in connection with the Procurement Project and, in the opinion of the CAO, the award of the contract is likely to expose the Municipality to significant legal or financial risk.
6.4 Emergency Purchases
6.4.1 Circumstances
Notwithstanding any other provisions of this Policy, Goods and Services may be purchased on an emergency basis if time does not permit the use of a standard Procurement Process due to an unforeseeable situation or event that is a threat to any of the following:
(a) Public health and/or safety;
(b) The maintenance of essential Municipal services or to prevent the disruption
of essential Municipal services;
(c) The welfare of persons or of public property; or
(d) The security of the Municipality’s property.
6.4.2 Approval
Emergency Purchases must be approved as follows:
(a) The Department Head shall define the nature of the emergency and the process to address the situation or event;
(b) Approval limits for Emergency Purchases shall be within the Delegated Authority as defined in Appendix 4;
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6.4.3 Reporting
Within 30 days after the emergency situation has been addressed, the Department Head must prepare a report setting out the circumstances giving rise to the Emergency Purchase, the total value of the Emergency Purchase and the supplier selected to provide the necessary Goods and Services and must submit a report setting out the business case as follows:
Emergency Purchase Report Procurement value of $5,000 up to $50,000
Submit report to Chief Administrative Officer and copy the Director of Finance and Administrative Services (Treasurer)
Procurement value valued at $50,000 or greater
Submit report to Council
Section 7: Supplier Relations and Contract Management 7.1 Procurement Notification
The Department Head is responsible for sending out notification letters to Unsuccessful Bidders informing them that they were not selected.
Within 72 hours of the contract award, the responsible Department Head shall post the notice of award on the Municipal website’s Bids and Tenders page, using the Procurement Notification Form found in Appendix 7. This notice must remain readily accessible on the Municipal website for 60 days.
7.2 Debriefings
Unsuccessful Bidders may request a debriefing. If a debriefing is requested, it shall be limited to the requesting Bidder’s submission and not disclose any information related to other Bidder’s pricing or scores.
7.3 Bid Protest Procedure
Unsuccessful Bidders may formally protest the outcome of a Procurement Project. In order to avail itself of the Municipality’s Bid protest procedure, the Bidder must first request and receive a debriefing. If the Bidder still wishes to challenge the outcome of the Procurement Project, they must formally protest the outcome in writing to the Department Head. The Department Head must respond in a timely fashion with a schedule to address the Bidder’s concerns. The appropriate Department Head and the CAO and/or the Director of Finance and Administrative Services (Treasurer) shall
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attend any Bid protest meeting. 7.4 Contract Management
Once the contract has been signed, it is essential that it be properly managed. Department Heads are responsible for all aspects of contract management using the following principles:
7.4.1 Scope Management
The scope of each contract must be appropriately managed to ensure that all deliverables are properly received, payments are appropriately made, all timelines are met, and any extension options are appropriately exercised.
7.4.2 Payments to Suppliers
Department Heads are responsible for ensuring that all payments are made in accordance with the contract, and reviewing and approving supplier invoices.
7.4.3 Scope Changes and Contract Amendments
Scope changes and contract amendments may become necessary due to unforeseen events. These scope changes are to be managed prudently to ensure that overages are tracked, and proper approvals occur for the project duration:
(a) The supplier shall submit a change order request including rationale, cost
and timing implications; (b) The change order shall be approved by the Department Head prior to
commencement of the work; (c) The change shall be funded within an approved budget or approved by
Council; (d) The amendment of the contract shall be approved in accordance with the
approval limits set out in Appendix 4 of this Policy; and (e) If the amendment results in an increase of greater than 10% of the original
contract value and is still within an approved budget, the amendment must have the additional approval of the Director of Finance and Administrative Services (Treasurer) and the CAO.
7.4.4 Contract Disputes
All potential contract disputes with suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a contract is silent on dispute resolution, Department Heads shall ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with suppliers concerning a contract
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dispute must be maintained by the Department.
7.4.5 Performance Tracking
Department Heads must also ensure that the performance of all suppliers is appropriately monitored including maintaining records of any performance issues, corresponding with or providing notifications to suppliers, and ensuring that performance problems are addressed quickly and effectively. A written record shall be kept by the Department Head of all matters connected with performance tracking – which is essential to proper contract management.
7.4.6 Termination
A contract can only be terminated prior to its expiry date in accordance with the termination provisions of the contract, and with the approval of the CAO.
7.4.7 Supplier Barring
Suppliers may be barred from future contracts with the Municipality through legal consultation. The list of barred suppliers will be maintained by The Director of Finance and Administrative Services (Treasurer).
Section 8: Records, Confidentiality and Access to Information 8.1 Records Retention
The Department Head shall maintain proper documentation for all stages of the Procurement Project in accordance with the Municipality’s Records Management Program Policy.
Department Heads are responsible for ensuring that all documentation relating to the Procurement Project is properly filed in the Procurement Project file, regardless of the Procurement Project value. The following shall be kept in each Procurement Project file:
(a) Original copies of final Solicitation Documents;
(b) Copies of the Procurement Project plan, together with evidence of all necessary conditional approvals;
(c) If using an Invitational Process, evidence of quotations obtained from suppliers (e.g., copies of emails, written submissions);
(d) Records of communications with Bidders or potential Bidders
(e) Copies of addenda;
(f) Original copies of Bids received from Bidders (including amendments to Bids);
(g) Records of evaluation processes, including evaluator notes and final scores;
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(h) Copy of the Delegation of Authority Form (Appendix 6) with required approvals, if required;
(i) Copies of debriefing or Bid protest procedure requests and outcomes; and
(j) Council Resolutions if required
8.2 Confidentiality
Bidder and supplier information submitted to the Municipality shall be kept confidential by all Municipal staff. Department Heads shall ensure that all Bids and contracts are kept in a secure location and only accessible by those employees directly involved with the Procurement Project.
8.3 Access to Information
Procurement records shall be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any requests from the public for information shall be directed to the Municipal Clerk.
Section 9: General 9.1 Commitment to Accessibility
When procuring Goods and Services, the Municipality will incorporate accessibility criteria and features.
The Accessibility Advisory Committee shall review building construction plans in accordance with the Committee’s Terms of Reference.
Where applicable, procurement documents will specify the desired accessibility criteria to be met and provide guidelines for the evaluation of proposals in respect to those criteria. Where impractical for the Municipality to incorporate accessibility criteria and features when procuring or acquiring Goods and Services, the Procurement Project Department Head will provide a written explanation, upon request.
9.2 Procurement Training
The Director of Finance and Administrative Services (Treasurer), in consultation with Department Heads, will provide orientation and training as required to Municipal employees involved in procurement activities. Department Heads are to ensure that employees involved in procurement activities have the appropriate training and notify the Director of Finance and Administrative Services (Treasurer) when new employees are hired or there are changes in duties affecting current staff.
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9.3 Monitoring, Reporting and Non-Compliance
Municipal employees must adhere to the Municipality’s Procurement Policy and procurement processes. Department Heads are responsible for ensuring compliance. The Director of Finance and Administrative Services (Treasurer) is responsible for monitoring compliance across the organization, including conducting spot audits of Procurement Projects managed directly by Departments, and reporting any irregularities to the CAO.
9.4 Review of Procurement Policy and Procedures
The Director of Finance and Administrative Services (Treasurer) undertake a comprehensive review of this Policy every (5) years and report to Council through the CAO accordingly. The review of purchasing processes shall be conducted on an ongoing basis. The Auditor shall review Appendix 4, Delegated Authorities annually as part of the audit process.
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Appendix 1 – Applicable Laws, Trade Agreements and Regulations
1. Procurement activities at the Municipality must be conducted in accordance with all laws, regulations and standards, including, but not limited to:
• Income Tax Act and Regulations
• Excise Tax Act and Regulations
• Occupational Health and Safety Act and Regulations
• Worker’s Compensation Act and Regulations
• Municipal Freedom of Information and Protection of Privacy Act and Regulations
• Municipal Act and Regulations
• Competition Act and Regulations
• Accessibility for Ontarians with Disabilities Act and Regulations
• Municipal By-laws, Council policies and administrative procedures and protocols
2. Procurement activities at the Municipality must comply with all applicable trade agreements, including:
• Canadian Free Trade Agreement (CFTA) – all Provinces and Territories; • Canadian-European Union Comprehensive Economic Trade Agreement (CETA);
• Ontario and Quebec Trade Cooperation Agreement – Ontario and Quebec; and
• any future Trade Agreements that are applicable to the Municipality.
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Appendix 2 – Exceptions 1.0 This Policy does not apply to the acquisition of the following Goods and
Services: (a) Goods and Services, the supply of which is controlled by a statutory monopoly;
(b) Work to be performed on property under the provisions of a lease, warranty or
guarantee held in respect of the property or the original work; (c) Goods and Services purchased from:
• government entities or public bodies; • persons with disabilities; or • philanthropic institutions;
(d) Goods and Services related to training and education, including:
• conferences, conventions, courses and seminars; • newspapers, magazines, books and periodicals; • memberships; or • computer software for educational purposes;
(e) Services that may only be provided by the following licensed professionals:
• medical doctors; • lawyers; or • notaries;
(f) The following specialized Goods and Services:
• financial, banking and underwriting services; • expert witnesses; • arbitrators; • external auditors; • utility relocates by a public utility; • railway crossings; • postage; • original artwork; or • goods intended for resale to the public;
2.0 This Policy does not apply to payment of the Municipality’s general expenses,
• Health benefits; • Tax remittances; • Debenture payments; • Insurance premiums; • Damage claims; • Legal settlements; • Arbitration awards; • Petty cash replenishment; • Charges to and from Area Municipalities and other government bodies; • Council approved grants; • Refunds (such as property tax refunds, water billing refunds, building deposit
refunds, water deposit refunds and refunds for cancelled services, programs or events);
• Licensing fees, including vehicles, etc.; • Utility’s (such as water and sewer, hydro, natural gas, telecommunications and
cable television);
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Appendix 3 – Circumstances for Non-Standard Procurement Goods and Services may only be acquired through a non-standard Procurement Process under the circumstances describe below. The Delegated Authorities, as outlined in Appendix 4 applies to Non-Standard Procurement.
1.0 For all Procurement Projects with a procurement value of $25,000 or greater: (a) Where Goods and Services regarding matters of a confidential or privileged nature
are to be purchased and the disclosure of those matters through a Competitive Process could reasonably be expected to compromise confidentiality, cause economic disruption or otherwise be contrary to the public interest.
(b) Where no Bids are received in response to a Competitive Process conducted in
accordance with this Policy. (c) To ensure compatibility with existing goods and products, to recognize exclusive
rights, such as exclusive licenses, copyright and patent rights or to maintain specialized products that must be maintained by the manufacturer or its representative.
(d) Where there is an absence of competition for technical reasons and the Goods
and Services can only be supplied by one particular supplier and no alternative or substitute exists.
(e) For the purchase of goods under exceptionally advantageous circumstances such
as bankruptcy or receivership, but not for routine purchases. (f) For the procurement of a prototype of a first Good or Service to be developed in
the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases.
(g) For a contract to be awarded to the winner of a design contest.
2.0 For Procurement Projects with a procurement value of less than $25,000: (a) Under any of the circumstances described in paragraph 1.0 above.
(b) For procurement of Goods and Services related to cultural or artistic fields, such
as entertainment for special events. (c) For additional deliveries by the original supplier of Goods and Services that were
not included in the initial procurement where a change of supplier for such additional Goods and Services:
• cannot be made for economic or technical reasons such as requirements of
interchangeability or interoperability with existing equipment, software, services
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or installations procured under the initial procurement; or • would cause significant inconvenience or substantial duplication of costs for the
procuring entity.
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Appendix 4 – Delegated Authorities
Department Position Up to 100k
Up to 25K
Up to 10K
Up to 5K
Corporate Chief Administrative Officer
X
Finance Director/Treasurer X
Public Works Director X
Clerk Municipal Clerk X
Fire Fire Chief X
Parks and Recreation
Director X
Planning Director X
Public Works Manager of Capital Infrastructure
X
Public Works Supervisors X
The value of procurement approved above is the value up to but not including the stated value limit. For example: the Chief Administrative Officer may approve a project that has a value of up to, but not including $100,000.00. Guidelines to Delegation of Authority Matrix
1. The authority is granted based on the need of each position.
2. Approvals limits are on a per transaction basis.
3. Limits are the maximum value of a transaction.
4. The authority to initiate a Procurement Process is based on the estimated procurement value. The authority to approve a contract award is based on the actual procurement value before taxes.
5. Transactions can only be approved within the Council approved budget.
6. Procurements with a value of $100,000 or greater require Council approval.
7. Contracts may only be executed by the Mayor or Deputy Mayor and the Clerk,
Deputy Clerk, Chief Administrative Officer or the Director of Finance and Administrative Services (Treasurer).
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Appendix 5 – Competitive Procurement Procedures 1.0 Solicitation Document 1.1 The Solicitation Document and specifications shall be prepared by the Department
Head or his/her designate using standard documentation. All Solicitation Document packages must be approved by the Department Head prior to release to the public.
1.2 All Solicitation Documents will clearly define any pre-qualification system and any
evaluation or scoring system to be used. 1.3 Solicitation Documents prepared by outside sources, i.e. Consultants must be
reviewed by the Department Head for compliance with the Municipality’s Policies and Procedures before release to the public.
2.0 Health and Safety
2.1 Prior to calling a Bid, all health and safety considerations shall be addressed.
2.2 Contractors providing Goods and Services to the Municipality must comply with
and be held accountable for meeting the requirements of the Occupational Health and Safety Act.
2.3 The Municipality’s Health & Safety Policy requirements, as provided by the
Municipality’s Health & Safety Committees, may be included as part of each Solicitation Document package.
3.0 Provincial Requirements: 3.1 The successful proponent will be required to show proof of registration with the
WSIB and compliance with the Provincial Retail Sales Tax requirements before the final awarding of the contract takes place.
4.0 Proof of Certification and Insurance: 4.1 The successful proponent must provide the Municipality with a certificate of
insurance showing a liability coverage equivalent to the amount of insurance requested in any Tender, RFP or RFQ of at least two million dollars or an amount as stipulated by the Municipality. The Municipality reserves the right to collect any other proof of licensing or certification as deemed necessary.
5.0 Calling of Bids 5.1 The calling of Bids shall be the responsibility of the Department Head.
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5.2 Bids shall be advertised on the Municipal website’s Bids and Tenders page and may be advertised in local papers and/or major trade publications. This may be varied at the discretion of the responsible Department Head.
5.3 Advertisements for Bids that appear in the local paper will refer the reader to the
Municipal website’s Bids and Tenders page, and will appear with sufficient time between advertising and closing to permit the respondents to obtain the Solicitation Documents, examine the site if applicable, complete and submit the response. It is recommended that at least two weeks be permitted for a Tender or Proposal submission after the advertisement has been published. All Solicitation Documents will be added to the website under the Bids and Tenders page.
5.4 A numbering and tracking system shall be maintained by the Municipality for
Solicitation Documents issued. Each Department Head shall assign the Project number in accordance with the determined protocol (e.g. RFP PW 2019-01 or Tender REC 2019-01).
5.5 When it becomes necessary to revise, delete, substitute or add to the Solicitation
Document for an open Bid, the Department Head shall approve the issuance of an addendum.
5.6 A copy of each addendum shall be forwarded by email, by the Department Head
or his/her designate, to all persons who registered for Solicitation Documents under the Bid, and a copy shall be attached to all undistributed Solicitation Documents. Additionally, addendum will be added to the Municipal website’s Bids and Tenders page.
5.7 When a Bid is received, the envelope shall be date and time stamped and initialed
by the Municipal Clerk or Deputy Clerk. 5.8 All responses received by the Municipal Clerk shall be kept in a safe and secure
location. 5.9 Responses will not be unsealed until the official Bid Opening date and time. 5.10 The number of Bids received, and the names of Bidders are confidential, and shall
not be divulged prior to the Bid Opening. 5.11 Late Bids (those received after the Bid has closed) shall be date and time stamped
and initialed by the receiver. The Bid shall then be returned to the Bidder unopened. Those Bids returned by mail must be accompanied by a covering letter stating that the bid could not be accepted due to late arrival. The return of late Bids will be the responsibility of the Municipal Clerk.
5.12 If any of the above noted requirements are not fulfilled, the Bid submission must
be rejected.
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6.0 Withdrawal of Response to Solicitation Document: 6.1 A Bidder who has submitted a response to a Solicitation Document may request
that the Bid be withdrawn. Adjustments or corrections to a Bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by e-mail directly to the Department Head or his/her designate before the closing time. Telephone requests shall not be considered. The withdrawal shall be confirmed by the Department Head through e-mail.
6.2 When a withdrawal request is made in person, the requester shall sign a
withdrawal form confirming the request. When requests are made by mail, fax or e-mail, they shall be confirmed by the same method prior to acceptance.
6.3 Bids confirmed as withdrawn prior to closing time shall be returned unopened. 6.4 The withdrawal of a Bid does not disqualify a Bidder from submitting another
response on the same contract. 6.5 Withdrawal requests received after the Bid closing time will not be allowed. 7.0 Bid Opening: 7.1 Bid Openings shall take place as soon as practical after the closing time. 7.2 Bid Openings shall be conducted in public by the Municipal Clerk and the
Department Head who issued the Solicitation Document. 7.3 If required information is NOT found enclosed with a response, or if items are
missing from the Bid document (e.g. the Bid deposit cheque), the response shall be considered to be an “Incomplete Bid”. Acceptance or Rejection of the Bid shall be determined through the table in 8.2 of this Appendix.
7.4 When Bids have been opened and sorted, the Municipal Clerk or his/her designate
shall check the number of responses opened to ensure that all Bids received are accounted for. If a discrepancy occurs, the Bid Opening proceedings shall be delayed until all responses have been accounted for.
7.5 When all Bids have been accounted for, the Municipal Clerk or his/her designate
shall announce for each contract the contract name, number, the number of Bids received, the name of the Bidders and their total Bid amounts.
7.6 After the Bid amounts have been read, the Municipal Clerk or his/her designate
shall prepare, in order of Bid amount from low to high, a list of respondents, Bid amount, deposit cheque amount, and a notation if it is an Incomplete Bid.
7.7 When all responses for a Solicitation Document have been read out and the
Municipal Clerk or his/her designate has recorded the information, he/she shall
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close off the Record of Bid Opening (see Appendix 8) by drawing a diagonal line in the unused spaces under the information listed and sign the form.
7.8 During the reading out of responses, the Municipal Clerk or his/her designate,
shall check for more than one Bid under the same name. If two Bids for the same contract are received in the same Bidder’s name and are both properly submitted the lower Bid amount shall be considered the intended Bid and shall be processed in the normal manner.
7.9 Bid deposits, where required, shall be in the form of cash, money order, certified
cheque or approved letter of credit. The Director of Finance and Administrative Services (Treasurer) shall hold securities for safekeeping. Deposits shall be refunded, without interest, and securities shall be returned upon successful completion of the contract.
7.10 Following the Bid Opening, the Municipal Clerk shall return any responses and
deposit cheques that were withdrawn during the opening to the Bidder by regular mail or by hand, unless otherwise stated. If a response and deposit cheque are returned by hand, a letter acknowledging receipt must be signed by the Bidder.
8.0 Checking Responses: 8.1 All responses shall first be checked by the Department Head or his/her designate to
ensure that;
(a) The Bidder’s name and Bid amount shown on the Record of Bid Opening (Appendix 8) are correct;
(b) The Bid form is signed as necessary, sealed or witnessed; (c) The correct Bid form has been used; (d) Each Bid envelope is time and date stamped prior to the Solicitation Document
closing time; (e) The Bid deposit is sufficient and in an acceptable form; (f) Each item on the Bid has been costed; (g) All extensions and totals for each Bid are correct. If an extension or total is
incorrect, the checker shall cross out the incorrect figure, enter the correct figure in red and initial the entry. The checker shall initial each Bid adjacent to the total certifying that it has been checked and is correct;
(h) The Bid is free of restrictions or alterations; and (i) All other response requirements have been met.
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8.2 During the completion of preliminary checking procedures, Bidding Irregularities shall be noted on the Record of Bid Opening. This notation must clearly state the reason.
Irregularity Response 1. Late Bid Automatic Rejection. Not opened or read
publicly. Submission to be returned to submitter.
2. Unsealed Envelopes Automatic Rejection. Not opened or read publicly. Submission to be returned to submitter.
3. Insufficient Financial Security Automatic Rejection. 4. Bids not completed in non-
erasable ink. Bids not signed in non-erasable ink.
Automatic Rejection.
5. Incomplete Bids (Part bids – all items not Bid)
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the incomplete item is trivial and insignificant
6. Qualified Bids (Bids that have been qualified or restricted by an attached statement)
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the qualification or restriction is trivial and insignificant
7. Bids received on documents other than those provided by the Municipality.
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial and insignificant
8. Bids contain Minor Obvious Clerical Errors.
Optional Rejection by the Municipality if, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial or insignificant. If not rejected, the Municipality may provide 48 hours to the bidder to correct and initial errors
9. Failure to execute Agreement to Bond (Performance Security) or Bonding Company signature is missing from the Agreement to Bond.
Automatic Rejection.
10. Failure to execute Bid Security (Financial Security)
Automatic Rejection.
11. Other Bid Security (Uncertified Cheques)
Automatic Rejection.
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12. Document Execution (Signature missing)
Automatic Rejection.
13. Erasures, Overwriting or Strikeouts which are not initialed:
a.) Uninitialed changes to the Bid Documents which are minor such as the Respondent’s address is amended by overwriting but not initialed.
Optional Rejection by the Municipality. The Municipality may provide 48 hours to initial.
b.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE consistent with the price, as amended.
Optional Rejection by the Municipality. The Municipality may provide 48 hours to initial.
c.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE NOT consistent with the price, as amended.
Automatic Rejection.
14. Documents, in which all necessary Addenda containing financial implications have not been acknowledged.
Automatic Rejection.
15. Failure to attend Mandatory Site Meeting
Automatic Rejection.
16. Other Minor Irregularities Department Heads and the Director of Finance and Administrative Services (Treasurer) shall have authority to waive minor irregularities, which they jointly consider, in their sole discretion to be minor.
17. Any Irregularity Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality.
8.4 The Department Head or his/her designate shall prepare a recommendation to
Council to award to the Successful Bidder, if required under Appendix 4. 9.0 Bid Award: 9.1 For Bids valued at $100,000.00 or greater, Council shall review the recommendation
of the Department Head or his/her designate and make an award.
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9.2 Awards may be made to the lowest cost Bidder who has complied with the terms and conditions of the Solicitation Document, all other factors being equal. However, in addition to price, consideration of factors as set out below may result in the acceptance of a Bid other that the lowest cost Bid. Each Bid shall be scored by the Review Team on pre-established criteria to determine the Highest Scoring Bidder. These criteria shall be expressly contained in the Solicitation Document
(a) Ability and experience to perform in accordance with the Scope of Work defined
in the Solicitation Document (b) Financial and technical resources (c) Knowledge of the Municipality’s operations, systems and services (d) Compatibility with other Goods and Services of the Municipality (e) Any other factors, which may be set out in the Solicitation Document.
9.3 In the event that more than one Bidder has submitted a response in the same
amount, then the Bid to be accepted shall be decided by means of a draw. The names of the tied Bidders shall be placed in a container and the Bid to be awarded shall be drawn by the Municipal Clerk. The time and location of the draw shall be set by the Municipal Clerk and the Bidders shall be notified in order that they may be present.
9.4 Upon the award of the contract, the Department Head or his/her designate shall
immediately send a Notification of Acceptance to the Successful Bidder advising him/her that his/her Bid has been accepted and advising that documents will follow for execution from the appropriate Department Head or his/her designate.
9.5 When the contract has been prepared by the Department Head or his/her designate
and submitted to the contractor for execution, a copy must be sent to the Municipal Clerk. The Municipal Clerk will prepare a by-law for Council’s authorization of execution, when the contract value is $100,000.00 or greater. The contractor will be allowed ten (10) working days between the date of mailing the Agreement and the date the executed contract must be returned to the Department Head or his/her designate. The original signed Agreement will be forwarded to the Municipal Clerk for execution.
9.6 If the contract has been awarded and the Successful Bidder fails to provide a
contract bond, cash or other acceptable collateral within the specified time, the Department Head, or his/her designate, in consultation with the Director of Finance and Administrative Services (Treasurer) may grant additional time to fulfill the necessary requirements or may recommend one of the following:
a) That the contract shall be awarded to the Second Highest Scoring Bidder; b) That the contract shall be cancelled.
9.7 In either of the above cases, the deposit cheque of the Successful Bidder shall be
forfeited. If the contract is to be awarded to the Second Highest Scoring Bidder, his/her deposit cheque shall be retained until he/she has completed the contract to the satisfaction of the Department Head or his/her designate.
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9.8 If the Second Highest Scoring Bidder fails or declines to execute the contract if
awarded to him/her, his/her deposit shall also be forfeited. 10.0 Request for Supplier Qualifications (RFSQ) 10.1 The RFSQ is a process to pre-qualify suppliers to compete for discrete work
assignments involving the delivery of a particular type of Goods and Services that may be required during the term of a Qualified Supplier Roster. Suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland may also be eligible to compete for these discrete work assignments.
10.2 Qualified Supplier Rosters are approved in the same manner as single item
purchases, within the Delegated Authority as determined in Appendix 4. If the annual budgeted amount for particular Goods and Services exceeds the Delegated Authority for staff, the Qualified Supplier Roster shall be approved by Council.
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Appendix 6 – Delegation of Authority Form Date ____________________________________________ From____________________________________________ Report Recommendation I, _________________________________ approve under Delegation of Authority: To enter into an Agreement with_______________________________________
Name of Company for the quoted price of $_______________________, plus HST. Background The acquisition of the_____________________________________is part of the approved_________ budget submission. Quotations were requested and were received from the following vendors and are attached to this report.
Company Name:
Sub-total
HST
Total:
N/B – no Bid * Does not meet required specifications
Page 1 of 2
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Financial Statement: The purchase of the________________________________was part of the approved ________budget submission. Funds have been provided in the following accounts: G/L Budget $
Paid & Committed
$
Balance Available $ This Request $
Balance $ Certification of funds availability: ______________________________________________________________________ Director of Finance and Administration APPROVAL: Approved through Delegation of Authority: Procurement Policy, Appendix 4 ________________________________________________________________________Chief Administrative Officer **Supporting Documentation Attached
Page 2 of 2
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Appendix 7 – Procurement Notification Form
The Corporation of the Municipality of Brighton
Bid Number _____________________ for the procurement of ___________________________________________________ closed on (date and time) _________________________________________________ The Bid was awarded on (date) _____________________________________________ The value of the Successful Bid is $______________________ Department Head Name Title
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Appendix 8 – Record of Bid Opening
Name of Solicitation Document (eg RFP PW 2019-01)
Description of Goods and Services
BIDDER NAME BID AMOUNT (before HST)
Opened by: Name of Clerk or Deputy Clerk ________________________________ Signature Name of Department Head ________________________________ Signature Date and Time of Bid Opening
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The Corporation of the Municipality of Brighton
By-law No. 000-2019
Being a By-Law to Establish a Rural Broadband – Internet Committee
Whereas Section 5(3) of the Municipal Act, 2001, states that municipal
power, including a municipality's capacity, rights, powers and privileges, shall
be exercised by by-law, unless the municipality is specifically authorized to
do otherwise;
Now Therefore the Council of the Corporation of the Municipality of Brighton
hereby enacts as follows:
1) A Rural Broadband-Internet Committee is hereby established as per
the Terms of Reference as attached and which forms part of this by-law
as Schedule "A".
2) Any by-laws that do not conform to this by-law are hereby repealed.
3) This by-law shall come into force and take effect immediately upon the
final passing thereof.
Read a first, second and third time, and finally passed this 12th day of August
2019.
_______________________ _______________________
Brian Ostrander, Mayor Patrick Silvestro, Deputy Clerk
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RURAL BROADBAND – INTERNET COMMITTEE
TERMS OF REFERENCE
Schedule “A”
Purpose:
To advocate for broadband high-speed Internet coverage and functionality accessible
and
Improved in all rural areas of the Municipality of Brighton.
Mandate:
a) The Committee will be comprised of five (5) members. Three (3) members of
the
Community will be appointed to the Committee by Council. Two members of
Council
shall be appointed to the Committee.
b) A Chairperson and a Vice-Chairperson will be voted on during the first
Committee meeting.
c) A meeting schedule will be determined in the first quarter. There will be a
maximum of
four (4) meetings per annum.
d) All Committee meetings shall be open to the public. Agenda’s shall be
available to the public a minimum of twenty-four (24) hours in advance of the
meeting.
e) Quorum for meetings shall consist of a simple majority of the members of the
Committee. If there are less than half of the members present fifteen (15)
minutes after the time appointed for the commencement of the meeting, the
meeting will be rescheduled.
f) Minutes of each Committee meeting must be taken and recorded by an
appointed Secretary. Once approved, minutes must be made public.
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g) No formal decisions or debates are allowed through electronic means. All
correspondence and/or emails are to be circulated to all members of the
Committee.
h) Any requests for staff support must be approved by the Committee and
Communicated by the Chairperson to the CAO for approval.
i) To make recommendations to Council on Partnerships and Opportunities to
increase access to and increase the speeds for Internet Connectivity in
Brighton.
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The Corporation of the Municipality of Brighton
By-Law No. 000-2019
Being a By-law to authorize the Corporation of the Municipality of
Brighton to enter into an agreement with Drain Bros Excavating Ltd.
Brian Ostrander, Mayor Bob Casselman, CAO/Deputy Clerk
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The Corporation of the Municipality of Brighton
By-Law No.
WHEREAS it is deemed desirable to establish a policy to direct the purchase of goods and services by the various departments within the Municipality; AND WHEREAS, it is necessary to set out minimum requirements to ensure the Municipality obtains the best value in goods and services at the most economical cost; AND WHEREAS, Section 270 of the Municipal Act, S.O., 2001, as amended provides that a municipality shall adopt and maintain policies with respect to its procurement of goods and services; NOW, THEREFORE, THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BRIGHTON HEREBY ENACTS AS FOLLOWS: 1. This By-law shall be entitled the “Procurement Policy By-law” 2. A policy shall be and is hereby established to regulate the purchase of goods and
services by the various departments of the Municipality, in accordance with the Procurement Policy attached hereto.
3. In the event that any court should judge that any Section or Sections of the By-law or of
the Procurement Policy is not valid for any cause, such Section or Sections shall be severable from the remainder of the By-law or Procurement Policy to the same extent as if the offending Section or Sections had not been included therein.
4. By-law 2006-371, also known as Purchasing Policy By-law is hereby repealed. 5. That this By-law shall take effect upon final passing hereof. Read a first, second and third time and finally passed this 12th day of August 2019. ___________________________ _________________________ Brian Ostrander, Mayor Candice Doiron, Clerk
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The Corporation of the Municipality of Brighton
Procurement Policy
August 12, 2019
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Contents
Section 1: Purpose and Principles .................................................................................... 5
Appendix 6 – Delegation of Authority Form ....................................................................... 37
Appendix 7 – Procurement Notification Form .................................................................... 39
Appendix 8 – Record of Bid Opening ................................................................................ 40
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Section 1: Purpose and Principles 1.1 Purpose This Policy is intended to:
(a) Express the Municipality’s principles and objectives in relation to its procurement program;
(b) Describe the roles, responsibilities and authorities of the Municipality’s employees, officers and elected officials in carrying out the Municipality’s procurement operations;
(c) Authorize the CAO or Director of Finance and Administrative Services (Treasurer) to implement detailed procurement procedures and protocols that are consistent with the intent of this Procurement Policy and, to supplement and amend those procedures and protocols as and when deemed necessary, to meet the present and future needs of the Municipality; and
(d) Comply with the requirements of Section 270 of the Municipal Act, S.O., 2001, as amended from time to time.
1.2 Principles Procurement is the process by which the Municipality acquires Goods and Services. Effective procurement is a critical support function for local governments as they responsibly manage public funds. The objective of this Procurement Policy is to ensure that the Municipality conducts Procurement Processes that conform to the following principles:
(a) Compliance with all applicable laws, regulations, by-laws, policies and trade agreements as further set out in this Procurement Policy;
(b) Consistency with other Municipal by-laws, policies and procedures; (c) Open, fair and transparent procurement that affords equal access to all qualified
suppliers; (d) Reciprocal non-discrimination and geographic neutrality with respect to Ontario’s
trading partners; (e) Achieving best value for the Municipality for the expenditure of public funds
through consideration of each Solicitation Document type, Procurement Process method and the adoption of Commercially Reasonable Business Practices;
(f) Effective balance between accountability and efficiency; and (g) Ensuring adherence to the highest standards of ethical conduct, including
compliance with the Municipality’s Conflict of Interest Policy. Section 2: Interpretation and Application 2.1 Defined Terms The following definitions apply in this Procurement Policy:
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(a) Award – the acceptance of a Bid by the Municipality;
(b) Bid - a submission in response to a Solicitation Document;
(c) Bidder - a supplier that submits a Bid;
(d) Chief Administrative Officer (CAO) - the Municipality’s administrator;
(e) Commercially Reasonable Business Practices - refers to efforts or practices that Municipal Government would generally regard as sufficient to constitute reasonable efforts under the circumstances and what can be done should be done, in the context and purpose of the contract;
(f) Competitive Process -either an Open Competition or an Invitational Competition;
(g) Competitive Procurement Project - a Procurement Project conducted through a
Competitive Process;
(h) Competitive Procurement Procedures - the Municipality’s procedures for conducting Competitive Procurement Projects, as developed, maintained and updated by the Director of Finance and Administrative Services (Treasurer);
(i) Conflict of Interest - any action, decision or recommendation by a Municipal Representative where the effect of which could be to the private pecuniary benefit or detriment of the Municipal Representative or the Municipal Representative’s Family;
(j) Council - the Council of the Corporation of the Municipality of Brighton;
(k) Department - one of the Municipality’s business units, departments or divisions;
(l) Department Head - the head of any Municipal Department and includes a manager,
director or administrator; (m) Direct Award (a.k.a. ‘single source’ or ‘sole source’ awards) - Goods and Services
acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open Competition would normally be required ;
(n) Director of Finance and Administrative Services (Treasurer) - the head of the Municipality’s Finance Department;
(o) Emergency Purchase - a situation where the purchase of Goods and Services was
necessary because of an immediate risk to the safety or health of Municipal employees or the general public or because of the possibility of serious damage to Municipal or private property, as approved at the appropriate approval level set out in section 6.4.2;
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(p) Formal Quote – written and documented submission by the Bidder for purchases with
a value of between $5,000 and $25,000 issued as a Request for Quotes (RFQ);
(q) Goods and Services – products and labour that are bought and sold in an economy, including construction contracts;
(r) Highest Scoring Bidder – the respondent to a Solicitation Document who scored with the most points out of 100 by the Review Team using a pre-established matrix;
(s) Informal Quote – telephone, fax or email quotes for Low Cost Purchases;
(t) In-House Bid – means a bid made by a Department, submitted in response to a
Solicitation Document where the provision of the Goods and Services will be provided by a Municipal Representative;
(u) Invitational Competition - a process initiated by way of an invitation to at least
three suppliers to submit Bids;
(v) Low Cost Purchase - the purchase of Goods and Services with a procurement value of less than $25,000;
(w) Low Cost Purchase Procedures - the Municipality’s procedures for making Low
Cost Purchases, as set out in section 5.1.1 of this Policy;
(x) Municipal Representative – an employee or elected official of the Municipality;
(y) Municipal Representative’s Family – the spouse or domestic partner, parents, grandparents, children, grandchildren and siblings of a Municipal Representative;
(z) Municipality - The Corporation of the Municipality of Brighton;
(aa) Open Competition - a process initiated by way of a publicly posted Solicitation Document;
(bb) Procurement Process – a streamlined purchasing practice that ensures competitive value and quality for Goods and Services;
(cc) Procurement Project - any purchase of Goods and Services by one of the
Municipality’s Departments, including Competitive Procurement Projects and Direct Awards;
(dd) Prohibited Communications – contacting any member of Municipal staff or Council other than the individual named on the Solicitation Document;
(ee) Qualified Supplier Roster - a list of suppliers that have participated in and
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successfully met the requirements of a Request for Supplier Qualifications (RFSQ), and have been pre-qualified to compete for discrete work assignments involving the delivery of a particular type of Goods and Services that may be required during the term of the Roster. May also be suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland;
(ff) Request for Proposal (RFP) - a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit business proposals;
(gg) Request for Quotes (RFQ) – a formal document that solicits responses for procurement of a commodity, service, or valuable asset, to potential suppliers to submit quotations;
(hh) Request for Tender (RFQ) – a formal document that solicits responses for a specified scope and quantity of Goods and/or Services to potential suppliers to submit bids;
(ii) Review Team – Municipal staff and/or consultants that are selected by the Department Head to review and score technical requirements for all Bids received in response to a Solicitation Document;
(jj) Roster Competition - an expedited form of competition between suppliers that have
been included on a Qualified Supplier Roster by The Municipality of Brighton or The County of Northumberland;
(kk) Solicitation Document - the document used to solicit Bids from Bidders, including
a Request for Tender (RFT)/Invitation to Tender (ITT); a Request for Proposal (RFP); a Request of Quotations (RFQ); or a Request for Supplier Qualification (RFSQ);
(ll) Standing Offer - a contractual commitment for a defined term, usually in the form of
an annual purchase award, between the Municipality and a selected supplier for the supply of particular Goods and Services, as requested through an ordering process, at a predetermined price or discount;
(mm) Successful Bid(der) – the highest scoring response to a Solicitation Document that would provide the Municipality with the desired Goods and Services at the optimal value, considering all parameters relevant to the Bid;
(nn) Supply Arrangement - an established arrangement with suppliers that have been pre-qualified to provide particular Goods and Services to the Municipality during a specified period of time. Such arrangements include Standing Offers and Qualified Supplier Rosters;
(oo) Tender – a formal document that solicits responses for the provision of specific Goods and Services at a stated price;
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(pp) Unsuccessful Bid(der) – a response to a Solicitation Document that was not
selected to provide the Municipality with the Goods and Services. 2.2 Application This Procurement Policy applies to the purchase of all Goods and Services except those items set out in Appendix 2.
2.3 Procurement Value In order to ensure that Procurement Projects are conducted in accordance with this Policy, it is important to accurately estimate the value of the Procurement Project. The value of a Procurement Project will include all costs to the Municipality such as acquisition, maintenance, replacement, disposal, training, delivery, installation and extension options, but will exclude applicable sales taxes.
2.4 Contract Splitting Subdividing, splitting or otherwise structuring procurement requirements or contracts in order to reduce the procurement value or in any way circumvent the requirements or intent of this Procurement Policy is not permissible.
2.5 Cooperative Purchasing The Municipality may participate with other governments or public sector entities in cooperative purchasing ventures or joint contracts when it is in the best interests of the Municipality to do so. The cooperative Procurement Process may be conducted in accordance with the procurement policies and procedures of the entity that is responsible for coordinating and leading the process, provided that those policies and procedures are consistent with the Municipality’s obligations under applicable trade agreements and the principles set out in this Procurement Policy.
2.6 Purchasing Procedures and Protocols
In addition to the Procurement Policy, the Municipality has a number of procedures, protocols, forms and templates for use during the procurement cycle to assist Department Heads in achieving compliance with the Policy. Department Heads should confer with the Director of Finance and Administrative Services (Treasurer) to ensure that they have all the necessary, up-to-date tools for each stage of a Procurement Project. Section 3: Ethical Conduct and Conflicts of Interest 3.1 Municipality’s Conduct and Internal Conflicts of Interest
3.1.1 The Municipality must ensure that the management of all Procurement Projects is
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free from Conflicts of Interest. All participants in the Procurement Project (including procurement staff, involved members of the Department, and members of the Review Team) must ensure that they do not have a Conflict of Interest.
3.1.2 Elected officials within the Municipality must not have any direct or indirect involvement in any Procurement Project or decision outside of the required approvals set out in this Procurement Policy.
3.1.3 Personal purchases (which are purchases by an employee or elected official of the
Municipality, which are not for the benefit of the Municipality, but for the benefit and use of the requesting party) are prohibited. No Municipal Representative, committee member or member of a local board, volunteer firefighter, or their immediate family member may submit a Bid in response to a Solicitation Document.
3.1.4 Municipal employees shall review the Municipality’s Conflict of Interest Policy
(Policy HR 100) and shall ensure that all purchasing decisions and Procurement Projects are managed in accordance with this Policy and the Conflict of Interest Policy.
3.2 Suppliers’ Conduct and External Conflicts of Interest
3.2.1 All suppliers are required to declare, as part of their Bid in a Procurement Process, that there are no Conflicts of Interest or provide details of any actual or apparent Conflicts of Interest. Before issuing a Solicitation Document, Department Heads shall ensure that all procurement templates include appropriate Conflict of Interest language and written declaration requirements.
3.2.2 Where a supplier is retained to participate in the development of a Solicitation
Document, that supplier will not submit a Bid or directly or indirectly participate in the submission of any Bid in response to that Solicitation Document. While this restriction shall be deemed to apply to all Municipal Procurement Projects, it will be disclosed in the initial Procurement Process by which the supplier is retained.
3.2.3 The Municipality expects its suppliers to act with integrity and the Municipality may
refuse to do business with any supplier that:
(a) has a Conflict of Interest; (b) is known to have engaged in illegal or unethical bidding practices.
3.2.4 Illegal or unethical bidding practices include:
(a) bid-rigging, price-fixing, bribery or collusion or other behaviours or practices
prohibited by federal or provincial statutes; (b) attempting to gain favour or advantage by offering gifts or incentives to
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Municipal officers and employees, members of Council or any other representative of the Municipality;
(c) lobbying members of Council or Municipal officers and employees or engaging in any prohibited communications during a Procurement Process;
(d) submitting inaccurate or misleading information in response to a procurement opportunity; and
(e) engaging in any other activity that compromises the Municipality’s ability to run a fair Procurement Process.
Section 4: Roles and Responsibilities In accordance with best practices in municipal procurement, Council recognizes the need for a clear separation of political and administrative functions in relation to the Municipality’s procurement operations. 4.1 The Role of Council
4.1.1 It is the role of Council to establish policy and to approve expenditures through the Municipality’s budget approval process. Through this Policy, Council delegates to the Municipality’s employees the authority to incur expenditures in accordance with approved budgets through the procurement of Goods and Services in accordance with the rules and processes set out in this Policy.
4.1.2 To facilitate Council’s oversight role in respect of significant projects, Council may
require Department Heads to obtain Council’s authority to initiate specific procurements by identifying procurement projects of interest such as procurements that are of a high value or involve significant risk, security concerns or community interest.
4.1.3 To avoid the potential appearance of bias or political influence in procurement
contract award decisions, members of Council will have no involvement in Procurement Processes, except where Council is required to approve the contract award in accordance with Section 6.3 of this Policy.
4.2 Roles and Responsibilities of Municipal Officers and Employees The roles and responsibilities of Municipal officers and employees are as follows:
4.2.1 Department Head:
(a) Identifies the need or requirement to be satisfied through a Procurement
Project; (b) Builds a Procurement Project through the appropriate Solicitation Document
and obtains appropriate approval prior to proceeding to market; (c) Develops or identifies an approved funding source; (d) Determines first if there are internal sources of supply or existing supply
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arrangements through consultation with the Director of Finance and Administrative Services (Treasurer);
(e) Researches and understands external market conditions and potential sources of supply;
(f) Authorizes purchases that are within their delegated authority as set out in this Policy;
(g) Ensures employees involved in Procurement Projects have appropriate training;
(h) Attends Bid Openings, as required; (i) Ensures Department compliance with all procurement policy guidelines,
applicable laws, trade agreements and regulations; (j) Keeps the Procurement Project record for their Department, and; (k) Supports the promotion of compliance with this Policy and of sound
procurement practices and the education and training to employees involved in Procurement Projects.
4.2.2 Director of Finance and Administrative Services (Treasurer):
(a) Researches, develops, updates and communicates corporate purchasing policies, procedures, guidelines and standards;
(b) Provides oversight of the Procurement Process; (c) Advises staff on policies, regulations and legislation affecting procurement; (d) Provides appropriate orientation, training and tools to employees involved in
procurement; (e) Advises on Competitive Procurement Projects; (f) Monitors compliance across the organization and reporting on performance to
the CAO and Department Heads; (g) Ensures proper internal controls including segregation of duties; and (h) Attends Bid Openings, as required.
4.2.3 Chief Administrative Officer:
(a) Approves purchases per the Delegation of Authority; (b) Attends Bid Openings, as required; and (c) Provides oversight of the Procurement Process.
4.2.4 Finance Department:
(a) Processes of all payments to vendors; and (b) Monitors established internal controls for the Procurement Process.
4.2.5 Municipal Clerk or Deputy Clerk:
(a) Receives all Bid Responses; (b) Attends Bid Openings (c) Organizes Bid Opening venue, time, date and invitations to appropriate Staff; and
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(d) Records all Bids including company name and price before HST.
4.2.6 Council:
a) Approves Procurement Policy; b) Approves Budget for Capital/Operating expenditures; c) Approves Qualified Supplier Roster; and d) Approves purchases valued at $100,000.00 or greater in accordance with
Appendix 4. 4.3 Roles and Responsibilities of Committees of Council:
(a) Work within their approved Budget when recommending purchasing by
resolution, as a Committee; (b) Assist staff by providing requirements of the procurement so that supporting
staff can purchase through the appropriate Procurement Process and Delegation of Authority;
Section 5: Procurement Methods
5.1 Standard Procurement A Standard Procurement is the acquisition of Goods and Services through the applicable process described in this Section. All Standard Procurement Processes must be approved, conducted and reported in accordance with this Policy and all applicable procedures and protocols. 5.1.1 Low Cost Purchase
(a) Purchases up to $1,000
Departments may acquire Goods and Services with a procurement value of less than $1,000, in accordance with this Section and the Municipality’s Low-Cost Purchase Procedure. The Department Head may authorize specific employees within the Department to make Low Cost Purchases. Low Cost Purchases includes the use of Departmental Petty Cash, as assigned by the Director of Finance and Administrative Services (Treasurer). Petty Cash shall be managed in accordance with the Cash Handling Policy. The Department Head is responsible and accountable for Low Cost Purchases and must sign each payment voucher or invoice for employees who do not have delegated authority under Appendix 4.
(b) Purchases $1,000 and over But Under $5,000
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A Competitive Process is required for purchases over $1,000 but under $5,000. Informal quotes must be received and documented.
(c) Purchases $5,000 and over But Under $25,000
For the purchase of Goods and Services with a procurement value of $5,000 or over but under $25,000, the Department Head must obtain at least three (3) documented Formal Quotes from qualified suppliers. Quotations may be solicited by fax or email. Verbal quotes are not accepted. (d) Purchases over $25,000: Refer to section 5.1.3 - Competitive Process
5.1.2 Supply Arrangement
The Municipality may enter into Supply Arrangements with one or more supplier(s) for the supply of particular Goods and Services.
(a) Purchasing Under Existing Supply Arrangements
It is the responsibility of the Department Head to determine if there is an existing Supply Arrangement for the required Goods and Services before making a purchase. When the required Goods and Services are available under an existing Standing Offer through a signed Agreement with the Municipality, the Department Head shall purchase the Goods and Services the through the established ordering process.
When a Qualified Supplier Roster has been established for the required Goods and Services, the Goods and Services shall be purchased through a Roster Competition. The Department Head may refer to a Qualified Supplier Roster that has been approved by the Municipality or The County of Northumberland.
(b) Establishment of Supply Arrangements
A Department Head may consider establishing a Supply Arrangement for Goods and Services that are required on a regular or repetitive basis by one or more Departments. If a Department Head anticipates making multiple purchases of the same Goods and Services and the total value of those purchases may exceed $25,000, the Department Head must consider the possibility of establishing a Standing Offer. Supply Arrangements are established through a Competitive Process managed
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by the Department Head and conducted in accordance with the Municipality’s Competitive Procurement Process.
5.1.3 Competitive Procurement Process
Goods and Services with a procurement value of $25,000 or over must be conducted in accordance with the Municipality’s Competitive Procurement Procedures. Competitive Procurement Projects involve a multi-stage procurement cycle and the roles and responsibilities of those involved in the various stages of a Procurement Project are described in detail in the Municipality’s Competitive Procurement Procedures.
(a) Invitational Competition
For the purchase of Goods and Services at valued at$1,000 or over but under $5,000, the Department Head may conduct an Invitational Competition by issuing a Solicitation Document to at least three (3) qualified suppliers. (b) Open Competition
Where the Procurement Project is particularly complex or the market conditions warrant it, the Department Head, at his or her sole discretion, may determine that an Open Competition should be conducted. For the purchase of Goods and Services valued at $25,000 or over, Department Heads must conduct an Open Competition that involves the public posting of a Solicitation Document on the Municipality’s website. Each Bid posting shall include the title of the item to be purchased and the departmental control number (e.g. RFP PW 2019-01).
5.2 Non-Standard Procurement A Non-Standard Procurement is the acquisition of Goods and Services through a process or method other than the process and method normally required for the type and value of the required Goods and Services. The use of a non-standard Procurement Process is only permitted under the specific circumstances set out in Appendix 3 of this Policy. All non-standard Procurement Processes must be undertaken in accordance with this Policy and any applicable procedures and protocols. In seeking approval from the Chief Administrative Officer for a non-standard procurement, the Department Head shall provide full details to explain why the Procurement Project fits into one or more of the circumstances under Appendix 3. Non-Standard Procurement Processes include:
(a) Direct Awards Goods and Services are acquired directly from a particular supplier without conducting a Competitive Process when an Invitational Competition or an Open
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Competition would normally be required.
(b) Limited Competition Bids are solicited from a limited number of suppliers when an Open Competition would normally be required.
5.3 In-House Bids
The acceptance and award of In-House Bids is not permitted. All Bids must follow the appropriate Procurement Process.
5.4 Unsolicited Proposals
All unsolicited proposals, including any offers for presentations or product/service trials submitted to the Municipality with the expectation on the part of the submitter of obtaining consideration for an ensuing contract or purchase by the Municipality will not be considered. In the event that an actual Goods and Services product presentation or demonstration would be required in advance of a purchase decision, such presentation or demonstration shall be included as part of the formal competitive Bid process.
Section 6: Procurement Approvals and Delegated Authorities 6.1 Delegated Authorities for Procurement
Delegated Authorities initiate procurement and approve a contract award based on the approval limits set out in Appendix 4 of this Policy. The CAO, Mayor, Deputy Mayor, Municipal Clerk and Director of Finance and Administrative Services (Treasurer) have the authority to bind the Corporation and are authorized to commit the Municipality to a contract through the execution of a legal Agreement.
All legal Agreements with a value over $100,000 must be authorized by by-law prior to being signed, except employment contracts. Employment Contracts are authorized by the Chief Administrative Officer.
6.2 Conditions of Delegated Authorities
The Delegated Authorities for procurement are subject to the following conditions:
(a) No contract award may be approved unless funded within the Council approved budget and the Procurement Process was conducted in accordance with this Policy.
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6.3 Council Approval
Council approval for the award of a contract is required if:
(a) the procurement value exceeds the approval limits of Delegated Authorities set out in Appendix 4 of this Policy;
(b) any of the conditions of delegated procurement authorities as set out in section
6.2 of this By- law have not been met; or
(c) there is an irregularity or unresolved challenge in connection with the Procurement Project and, in the opinion of the CAO, the award of the contract is likely to expose the Municipality to significant legal or financial risk.
6.4 Emergency Purchases
6.4.1 Circumstances
Notwithstanding any other provisions of this Policy, Goods and Services may be purchased on an emergency basis if time does not permit the use of a standard Procurement Process due to an unforeseeable situation or event that is a threat to any of the following:
(a) Public health and/or safety;
(b) The maintenance of essential Municipal services or to prevent the disruption
of essential Municipal services;
(c) The welfare of persons or of public property; or
(d) The security of the Municipality’s property.
6.4.2 Approval
Emergency Purchases must be approved as follows:
(a) The Department Head shall define the nature of the emergency and the process to address the situation or event;
(b) Approval limits for Emergency Purchases shall be within the Delegated Authority as defined in Appendix 4;
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6.4.3 Reporting
Within 30 days after the emergency situation has been addressed, the Department Head must prepare a report setting out the circumstances giving rise to the Emergency Purchase, the total value of the Emergency Purchase and the supplier selected to provide the necessary Goods and Services and must submit a report setting out the business case as follows:
Emergency Purchase Report Procurement value of $5,000 up to $50,000
Submit report to Chief Administrative Officer and copy the Director of Finance and Administrative Services (Treasurer)
Procurement value valued at $50,000 or greater
Submit report to Council
Section 7: Supplier Relations and Contract Management 7.1 Procurement Notification
The Department Head is responsible for sending out notification letters to Unsuccessful Bidders informing them that they were not selected.
Within 72 hours of the contract award, the responsible Department Head shall post the notice of award on the Municipal website’s Bids and Tenders page, using the Procurement Notification Form found in Appendix 7. This notice must remain readily accessible on the Municipal website for 60 days.
7.2 Debriefings
Unsuccessful Bidders may request a debriefing. If a debriefing is requested, it shall be limited to the requesting Bidder’s submission and not disclose any information related to other Bidder’s pricing or scores.
7.3 Bid Protest Procedure
Unsuccessful Bidders may formally protest the outcome of a Procurement Project. In order to avail itself of the Municipality’s Bid protest procedure, the Bidder must first request and receive a debriefing. If the Bidder still wishes to challenge the outcome of the Procurement Project, they must formally protest the outcome in writing to the Department Head. The Department Head must respond in a timely fashion with a schedule to address the Bidder’s concerns. The appropriate Department Head and the CAO and/or the Director of Finance and Administrative Services (Treasurer) shall
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attend any Bid protest meeting. 7.4 Contract Management
Once the contract has been signed, it is essential that it be properly managed. Department Heads are responsible for all aspects of contract management using the following principles:
7.4.1 Scope Management
The scope of each contract must be appropriately managed to ensure that all deliverables are properly received, payments are appropriately made, all timelines are met, and any extension options are appropriately exercised.
7.4.2 Payments to Suppliers
Department Heads are responsible for ensuring that all payments are made in accordance with the contract, and reviewing and approving supplier invoices.
7.4.3 Scope Changes and Contract Amendments
Scope changes and contract amendments may become necessary due to unforeseen events. These scope changes are to be managed prudently to ensure that overages are tracked, and proper approvals occur for the project duration:
(a) The supplier shall submit a change order request including rationale, cost
and timing implications; (b) The change order shall be approved by the Department Head prior to
commencement of the work; (c) The change shall be funded within an approved budget or approved by
Council; (d) The amendment of the contract shall be approved in accordance with the
approval limits set out in Appendix 4 of this Policy; and (e) If the amendment results in an increase of greater than 10% of the original
contract value and is still within an approved budget, the amendment must have the additional approval of the Director of Finance and Administrative Services (Treasurer) and the CAO.
7.4.4 Contract Disputes
All potential contract disputes with suppliers must be managed in accordance with the dispute resolution mechanisms outlined in the contract. Where a contract is silent on dispute resolution, Department Heads shall ensure that potential disputes are proactively managed and appropriately escalated. Written copies of all communications and correspondence with suppliers concerning a contract
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dispute must be maintained by the Department.
7.4.5 Performance Tracking
Department Heads must also ensure that the performance of all suppliers is appropriately monitored including maintaining records of any performance issues, corresponding with or providing notifications to suppliers, and ensuring that performance problems are addressed quickly and effectively. A written record shall be kept by the Department Head of all matters connected with performance tracking – which is essential to proper contract management.
7.4.6 Termination
A contract can only be terminated prior to its expiry date in accordance with the termination provisions of the contract, and with the approval of the CAO.
7.4.7 Supplier Barring
Suppliers may be barred from future contracts with the Municipality through legal consultation. The list of barred suppliers will be maintained by The Director of Finance and Administrative Services (Treasurer).
Section 8: Records, Confidentiality and Access to Information 8.1 Records Retention
The Department Head shall maintain proper documentation for all stages of the Procurement Project in accordance with the Municipality’s Records Management Program Policy.
Department Heads are responsible for ensuring that all documentation relating to the Procurement Project is properly filed in the Procurement Project file, regardless of the Procurement Project value. The following shall be kept in each Procurement Project file:
(a) Original copies of final Solicitation Documents;
(b) Copies of the Procurement Project plan, together with evidence of all necessary conditional approvals;
(c) If using an Invitational Process, evidence of quotations obtained from suppliers (e.g., copies of emails, written submissions);
(d) Records of communications with Bidders or potential Bidders
(e) Copies of addenda;
(f) Original copies of Bids received from Bidders (including amendments to Bids);
(g) Records of evaluation processes, including evaluator notes and final scores;
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(h) Copy of the Delegation of Authority Form (Appendix 6) with required approvals, if required;
(i) Copies of debriefing or Bid protest procedure requests and outcomes; and
(j) Council Resolutions if required
8.2 Confidentiality
Bidder and supplier information submitted to the Municipality shall be kept confidential by all Municipal staff. Department Heads shall ensure that all Bids and contracts are kept in a secure location and only accessible by those employees directly involved with the Procurement Project.
8.3 Access to Information
Procurement records shall be retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. Any requests from the public for information shall be directed to the Municipal Clerk.
Section 9: General 9.1 Commitment to Accessibility
When procuring Goods and Services, the Municipality will incorporate accessibility criteria and features.
The Accessibility Advisory Committee shall review building construction plans in accordance with the Committee’s Terms of Reference.
Where applicable, procurement documents will specify the desired accessibility criteria to be met and provide guidelines for the evaluation of proposals in respect to those criteria. Where impractical for the Municipality to incorporate accessibility criteria and features when procuring or acquiring Goods and Services, the Procurement Project Department Head will provide a written explanation, upon request.
9.2 Procurement Training
The Director of Finance and Administrative Services (Treasurer), in consultation with Department Heads, will provide orientation and training as required to Municipal employees involved in procurement activities. Department Heads are to ensure that employees involved in procurement activities have the appropriate training and notify the Director of Finance and Administrative Services (Treasurer) when new employees are hired or there are changes in duties affecting current staff.
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9.3 Monitoring, Reporting and Non-Compliance
Municipal employees must adhere to the Municipality’s Procurement Policy and procurement processes. Department Heads are responsible for ensuring compliance. The Director of Finance and Administrative Services (Treasurer) is responsible for monitoring compliance across the organization, including conducting spot audits of Procurement Projects managed directly by Departments, and reporting any irregularities to the CAO.
9.4 Review of Procurement Policy and Procedures
The Director of Finance and Administrative Services (Treasurer) undertake a comprehensive review of this Policy every (5) years and report to Council through the CAO accordingly. The review of purchasing processes shall be conducted on an ongoing basis. The Auditor shall review Appendix 4, Delegated Authorities annually as part of the audit process.
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Appendix 1 – Applicable Laws, Trade Agreements and Regulations
1. Procurement activities at the Municipality must be conducted in accordance with all laws, regulations and standards, including, but not limited to:
• Income Tax Act and Regulations
• Excise Tax Act and Regulations
• Occupational Health and Safety Act and Regulations
• Worker’s Compensation Act and Regulations
• Municipal Freedom of Information and Protection of Privacy Act and Regulations
• Municipal Act and Regulations
• Competition Act and Regulations
• Accessibility for Ontarians with Disabilities Act and Regulations
• Municipal By-laws, Council policies and administrative procedures and protocols
2. Procurement activities at the Municipality must comply with all applicable trade agreements, including:
• Canadian Free Trade Agreement (CFTA) – all Provinces and Territories; • Canadian-European Union Comprehensive Economic Trade Agreement (CETA);
• Ontario and Quebec Trade Cooperation Agreement – Ontario and Quebec; and
• any future Trade Agreements that are applicable to the Municipality.
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Appendix 2 – Exceptions 1.0 This Policy does not apply to the acquisition of the following Goods and
Services: (a) Goods and Services, the supply of which is controlled by a statutory monopoly;
(b) Work to be performed on property under the provisions of a lease, warranty or
guarantee held in respect of the property or the original work; (c) Goods and Services purchased from:
• government entities or public bodies; • persons with disabilities; or • philanthropic institutions;
(d) Goods and Services related to training and education, including:
• conferences, conventions, courses and seminars; • newspapers, magazines, books and periodicals; • memberships; or • computer software for educational purposes;
(e) Services that may only be provided by the following licensed professionals:
• medical doctors; • lawyers; or • notaries;
(f) The following specialized Goods and Services:
• financial, banking and underwriting services; • expert witnesses; • arbitrators; • external auditors; • utility relocates by a public utility; • railway crossings; • postage; • original artwork; or • goods intended for resale to the public;
2.0 This Policy does not apply to payment of the Municipality’s general expenses,
• Health benefits; • Tax remittances; • Debenture payments; • Insurance premiums; • Damage claims; • Legal settlements; • Arbitration awards; • Petty cash replenishment; • Charges to and from Area Municipalities and other government bodies; • Council approved grants; • Refunds (such as property tax refunds, water billing refunds, building deposit
refunds, water deposit refunds and refunds for cancelled services, programs or events);
• Licensing fees, including vehicles, etc.; • Utility’s (such as water and sewer, hydro, natural gas, telecommunications and
cable television);
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Appendix 3 – Circumstances for Non-Standard Procurement Goods and Services may only be acquired through a non-standard Procurement Process under the circumstances describe below. The Delegated Authorities, as outlined in Appendix 4 applies to Non-Standard Procurement.
1.0 For all Procurement Projects with a procurement value of $25,000 or greater: (a) Where Goods and Services regarding matters of a confidential or privileged nature
are to be purchased and the disclosure of those matters through a Competitive Process could reasonably be expected to compromise confidentiality, cause economic disruption or otherwise be contrary to the public interest.
(b) Where no Bids are received in response to a Competitive Process conducted in
accordance with this Policy. (c) To ensure compatibility with existing goods and products, to recognize exclusive
rights, such as exclusive licenses, copyright and patent rights or to maintain specialized products that must be maintained by the manufacturer or its representative.
(d) Where there is an absence of competition for technical reasons and the Goods
and Services can only be supplied by one particular supplier and no alternative or substitute exists.
(e) For the purchase of goods under exceptionally advantageous circumstances such
as bankruptcy or receivership, but not for routine purchases. (f) For the procurement of a prototype of a first Good or Service to be developed in
the course of and for a particular contract for research, experiment, study or original development, but not for any subsequent purchases.
(g) For a contract to be awarded to the winner of a design contest.
2.0 For Procurement Projects with a procurement value of less than $25,000: (a) Under any of the circumstances described in paragraph 1.0 above.
(b) For procurement of Goods and Services related to cultural or artistic fields, such
as entertainment for special events. (c) For additional deliveries by the original supplier of Goods and Services that were
not included in the initial procurement where a change of supplier for such additional Goods and Services:
• cannot be made for economic or technical reasons such as requirements of
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or installations procured under the initial procurement; or • would cause significant inconvenience or substantial duplication of costs for the
procuring entity.
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Appendix 4 – Delegated Authorities
Department Position Up to 100k
Up to 25K
Up to 10K
Up to 5K
Corporate Chief Administrative Officer
X
Finance Director/Treasurer X
Public Works Director X
Clerk Municipal Clerk X
Fire Fire Chief X
Parks and Recreation
Director X
Planning Director X
Public Works Manager of Capital Infrastructure
X
Public Works Supervisors X
The value of procurement approved above is the value up to but not including the stated value limit. For example: the Chief Administrative Officer may approve a project that has a value of up to, but not including $100,000.00. Guidelines to Delegation of Authority Matrix
1. The authority is granted based on the need of each position.
2. Approvals limits are on a per transaction basis.
3. Limits are the maximum value of a transaction.
4. The authority to initiate a Procurement Process is based on the estimated procurement value. The authority to approve a contract award is based on the actual procurement value before taxes.
5. Transactions can only be approved within the Council approved budget.
6. Procurements with a value of $100,000 or greater require Council approval.
7. Contracts may only be executed by the Mayor or Deputy Mayor and the Clerk,
Deputy Clerk, Chief Administrative Officer or the Director of Finance and Administrative Services (Treasurer).
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Appendix 5 – Competitive Procurement Procedures 1.0 Solicitation Document 1.1 The Solicitation Document and specifications shall be prepared by the Department
Head or his/her designate using standard documentation. All Solicitation Document packages must be approved by the Department Head prior to release to the public.
1.2 All Solicitation Documents will clearly define any pre-qualification system and any
evaluation or scoring system to be used. 1.3 Solicitation Documents prepared by outside sources, i.e. Consultants must be
reviewed by the Department Head for compliance with the Municipality’s Policies and Procedures before release to the public.
2.0 Health and Safety
2.1 Prior to calling a Bid, all health and safety considerations shall be addressed.
2.2 Contractors providing Goods and Services to the Municipality must comply with
and be held accountable for meeting the requirements of the Occupational Health and Safety Act.
2.3 The Municipality’s Health & Safety Policy requirements, as provided by the
Municipality’s Health & Safety Committees, may be included as part of each Solicitation Document package.
3.0 Provincial Requirements: 3.1 The successful proponent will be required to show proof of registration with the
WSIB and compliance with the Provincial Retail Sales Tax requirements before the final awarding of the contract takes place.
4.0 Proof of Certification and Insurance: 4.1 The successful proponent must provide the Municipality with a certificate of
insurance showing a liability coverage equivalent to the amount of insurance requested in any Tender, RFP or RFQ of at least two million dollars or an amount as stipulated by the Municipality. The Municipality reserves the right to collect any other proof of licensing or certification as deemed necessary.
5.0 Calling of Bids 5.1 The calling of Bids shall be the responsibility of the Department Head.
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5.2 Bids shall be advertised on the Municipal website’s Bids and Tenders page and may be advertised in local papers and/or major trade publications. This may be varied at the discretion of the responsible Department Head.
5.3 Advertisements for Bids that appear in the local paper will refer the reader to the
Municipal website’s Bids and Tenders page, and will appear with sufficient time between advertising and closing to permit the respondents to obtain the Solicitation Documents, examine the site if applicable, complete and submit the response. It is recommended that at least two weeks be permitted for a Tender or Proposal submission after the advertisement has been published. All Solicitation Documents will be added to the website under the Bids and Tenders page.
5.4 A numbering and tracking system shall be maintained by the Municipality for
Solicitation Documents issued. Each Department Head shall assign the Project number in accordance with the determined protocol (e.g. RFP PW 2019-01 or Tender REC 2019-01).
5.5 When it becomes necessary to revise, delete, substitute or add to the Solicitation
Document for an open Bid, the Department Head shall approve the issuance of an addendum.
5.6 A copy of each addendum shall be forwarded by email, by the Department Head
or his/her designate, to all persons who registered for Solicitation Documents under the Bid, and a copy shall be attached to all undistributed Solicitation Documents. Additionally, addendum will be added to the Municipal website’s Bids and Tenders page.
5.7 When a Bid is received, the envelope shall be date and time stamped and initialed
by the Municipal Clerk or Deputy Clerk. 5.8 All responses received by the Municipal Clerk shall be kept in a safe and secure
location. 5.9 Responses will not be unsealed until the official Bid Opening date and time. 5.10 The number of Bids received, and the names of Bidders are confidential, and shall
not be divulged prior to the Bid Opening. 5.11 Late Bids (those received after the Bid has closed) shall be date and time stamped
and initialed by the receiver. The Bid shall then be returned to the Bidder unopened. Those Bids returned by mail must be accompanied by a covering letter stating that the bid could not be accepted due to late arrival. The return of late Bids will be the responsibility of the Municipal Clerk.
5.12 If any of the above noted requirements are not fulfilled, the Bid submission must
be rejected.
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6.0 Withdrawal of Response to Solicitation Document: 6.1 A Bidder who has submitted a response to a Solicitation Document may request
that the Bid be withdrawn. Adjustments or corrections to a Bid already submitted will not be allowed. The withdrawal will be allowed if the request is made by e-mail directly to the Department Head or his/her designate before the closing time. Telephone requests shall not be considered. The withdrawal shall be confirmed by the Department Head through e-mail.
6.2 When a withdrawal request is made in person, the requester shall sign a
withdrawal form confirming the request. When requests are made by mail, fax or e-mail, they shall be confirmed by the same method prior to acceptance.
6.3 Bids confirmed as withdrawn prior to closing time shall be returned unopened. 6.4 The withdrawal of a Bid does not disqualify a Bidder from submitting another
response on the same contract. 6.5 Withdrawal requests received after the Bid closing time will not be allowed. 7.0 Bid Opening: 7.1 Bid Openings shall take place as soon as practical after the closing time. 7.2 Bid Openings shall be conducted in public by the Municipal Clerk and the
Department Head who issued the Solicitation Document. 7.3 If required information is NOT found enclosed with a response, or if items are
missing from the Bid document (e.g. the Bid deposit cheque), the response shall be considered to be an “Incomplete Bid”. Acceptance or Rejection of the Bid shall be determined through the table in 8.2 of this Appendix.
7.4 When Bids have been opened and sorted, the Municipal Clerk or his/her designate
shall check the number of responses opened to ensure that all Bids received are accounted for. If a discrepancy occurs, the Bid Opening proceedings shall be delayed until all responses have been accounted for.
7.5 When all Bids have been accounted for, the Municipal Clerk or his/her designate
shall announce for each contract the contract name, number, the number of Bids received, the name of the Bidders and their total Bid amounts.
7.6 After the Bid amounts have been read, the Municipal Clerk or his/her designate
shall prepare, in order of Bid amount from low to high, a list of respondents, Bid amount, deposit cheque amount, and a notation if it is an Incomplete Bid.
7.7 When all responses for a Solicitation Document have been read out and the
Municipal Clerk or his/her designate has recorded the information, he/she shall
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close off the Record of Bid Opening (see Appendix 8) by drawing a diagonal line in the unused spaces under the information listed and sign the form.
7.8 During the reading out of responses, the Municipal Clerk or his/her designate,
shall check for more than one Bid under the same name. If two Bids for the same contract are received in the same Bidder’s name and are both properly submitted the lower Bid amount shall be considered the intended Bid and shall be processed in the normal manner.
7.9 Bid deposits, where required, shall be in the form of cash, money order, certified
cheque or approved letter of credit. The Director of Finance and Administrative Services (Treasurer) shall hold securities for safekeeping. Deposits shall be refunded, without interest, and securities shall be returned upon successful completion of the contract.
7.10 Following the Bid Opening, the Municipal Clerk shall return any responses and
deposit cheques that were withdrawn during the opening to the Bidder by regular mail or by hand, unless otherwise stated. If a response and deposit cheque are returned by hand, a letter acknowledging receipt must be signed by the Bidder.
8.0 Checking Responses: 8.1 All responses shall first be checked by the Department Head or his/her designate to
ensure that;
(a) The Bidder’s name and Bid amount shown on the Record of Bid Opening (Appendix 8) are correct;
(b) The Bid form is signed as necessary, sealed or witnessed; (c) The correct Bid form has been used; (d) Each Bid envelope is time and date stamped prior to the Solicitation Document
closing time; (e) The Bid deposit is sufficient and in an acceptable form; (f) Each item on the Bid has been costed; (g) All extensions and totals for each Bid are correct. If an extension or total is
incorrect, the checker shall cross out the incorrect figure, enter the correct figure in red and initial the entry. The checker shall initial each Bid adjacent to the total certifying that it has been checked and is correct;
(h) The Bid is free of restrictions or alterations; and (i) All other response requirements have been met.
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8.2 During the completion of preliminary checking procedures, Bidding Irregularities shall be noted on the Record of Bid Opening. This notation must clearly state the reason.
Irregularity Response 1. Late Bid Automatic Rejection. Not opened or read
publicly. Submission to be returned to submitter.
2. Unsealed Envelopes Automatic Rejection. Not opened or read publicly. Submission to be returned to submitter.
3. Insufficient Financial Security Automatic Rejection. 4. Bids not completed in non-
erasable ink. Bids not signed in non-erasable ink.
Automatic Rejection.
5. Incomplete Bids (Part bids – all items not Bid)
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the incomplete item is trivial and insignificant
6. Qualified Bids (Bids that have been qualified or restricted by an attached statement)
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the qualification or restriction is trivial and insignificant
7. Bids received on documents other than those provided by the Municipality.
Automatic Rejection unless, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial and insignificant
8. Bids contain Minor Obvious Clerical Errors.
Optional Rejection by the Municipality if, in the opinion of the Department Head and the Director of Finance and Administrative Services (Treasurer), the matter is trivial or insignificant. If not rejected, the Municipality may provide 48 hours to the bidder to correct and initial errors
9. Failure to execute Agreement to Bond (Performance Security) or Bonding Company signature is missing from the Agreement to Bond.
Automatic Rejection.
10. Failure to execute Bid Security (Financial Security)
Automatic Rejection.
11. Other Bid Security (Uncertified Cheques)
Automatic Rejection.
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12. Document Execution (Signature missing)
Automatic Rejection.
13. Erasures, Overwriting or Strikeouts which are not initialed:
a.) Uninitialed changes to the Bid Documents which are minor such as the Respondent’s address is amended by overwriting but not initialed.
Optional Rejection by the Municipality. The Municipality may provide 48 hours to initial.
b.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE consistent with the price, as amended.
Optional Rejection by the Municipality. The Municipality may provide 48 hours to initial.
c.) Unit prices in the Schedule of Prices have been changed but not initialed and the Contract totals ARE NOT consistent with the price, as amended.
Automatic Rejection.
14. Documents, in which all necessary Addenda containing financial implications have not been acknowledged.
Automatic Rejection.
15. Failure to attend Mandatory Site Meeting
Automatic Rejection.
16. Other Minor Irregularities Department Heads and the Director of Finance and Administrative Services (Treasurer) shall have authority to waive minor irregularities, which they jointly consider, in their sole discretion to be minor.
17. Any Irregularity Despite the provisions herein contained, Council may waive any irregularity where it considers it to be in the best interest of the Municipality.
8.4 The Department Head or his/her designate shall prepare a recommendation to
Council to award to the Successful Bidder, if required under Appendix 4. 9.0 Bid Award: 9.1 For Bids valued at $100,000.00 or greater, Council shall review the recommendation
of the Department Head or his/her designate and make an award.
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9.2 Awards may be made to the lowest cost Bidder who has complied with the terms and conditions of the Solicitation Document, all other factors being equal. However, in addition to price, consideration of factors as set out below may result in the acceptance of a Bid other that the lowest cost Bid. Each Bid shall be scored by the Review Team on pre-established criteria to determine the Highest Scoring Bidder. These criteria shall be expressly contained in the Solicitation Document
(a) Ability and experience to perform in accordance with the Scope of Work defined
in the Solicitation Document (b) Financial and technical resources (c) Knowledge of the Municipality’s operations, systems and services (d) Compatibility with other Goods and Services of the Municipality (e) Any other factors, which may be set out in the Solicitation Document.
9.3 In the event that more than one Bidder has submitted a response in the same
amount, then the Bid to be accepted shall be decided by means of a draw. The names of the tied Bidders shall be placed in a container and the Bid to be awarded shall be drawn by the Municipal Clerk. The time and location of the draw shall be set by the Municipal Clerk and the Bidders shall be notified in order that they may be present.
9.4 Upon the award of the contract, the Department Head or his/her designate shall
immediately send a Notification of Acceptance to the Successful Bidder advising him/her that his/her Bid has been accepted and advising that documents will follow for execution from the appropriate Department Head or his/her designate.
9.5 When the contract has been prepared by the Department Head or his/her designate
and submitted to the contractor for execution, a copy must be sent to the Municipal Clerk. The Municipal Clerk will prepare a by-law for Council’s authorization of execution, when the contract value is $100,000.00 or greater. The contractor will be allowed ten (10) working days between the date of mailing the Agreement and the date the executed contract must be returned to the Department Head or his/her designate. The original signed Agreement will be forwarded to the Municipal Clerk for execution.
9.6 If the contract has been awarded and the Successful Bidder fails to provide a
contract bond, cash or other acceptable collateral within the specified time, the Department Head, or his/her designate, in consultation with the Director of Finance and Administrative Services (Treasurer) may grant additional time to fulfill the necessary requirements or may recommend one of the following:
a) That the contract shall be awarded to the Second Highest Scoring Bidder; b) That the contract shall be cancelled.
9.7 In either of the above cases, the deposit cheque of the Successful Bidder shall be
forfeited. If the contract is to be awarded to the Second Highest Scoring Bidder, his/her deposit cheque shall be retained until he/she has completed the contract to the satisfaction of the Department Head or his/her designate.
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9.8 If the Second Highest Scoring Bidder fails or declines to execute the contract if
awarded to him/her, his/her deposit shall also be forfeited. 10.0 Request for Supplier Qualifications (RFSQ) 10.1 The RFSQ is a process to pre-qualify suppliers to compete for discrete work
assignments involving the delivery of a particular type of Goods and Services that may be required during the term of a Qualified Supplier Roster. Suppliers that have been approved on a Qualified Supplier Roster by The County of Northumberland may also be eligible to compete for these discrete work assignments.
10.2 Qualified Supplier Rosters are approved in the same manner as single item
purchases, within the Delegated Authority as determined in Appendix 4. If the annual budgeted amount for particular Goods and Services exceeds the Delegated Authority for staff, the Qualified Supplier Roster shall be approved by Council.
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Appendix 6 – Delegation of Authority Form Date ____________________________________________ From____________________________________________ Report Recommendation I, _________________________________ approve under Delegation of Authority: To enter into an Agreement with_______________________________________
Name of Company for the quoted price of $_______________________, plus HST. Background The acquisition of the_____________________________________is part of the approved_________ budget submission. Quotations were requested and were received from the following vendors and are attached to this report.
Company Name:
Sub-total
HST
Total:
N/B – no Bid * Does not meet required specifications
Page 1 of 2
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38
Financial Statement: The purchase of the________________________________was part of the approved ________budget submission. Funds have been provided in the following accounts: G/L Budget $
Paid & Committed
$
Balance Available $ This Request $
Balance $ Certification of funds availability: ______________________________________________________________________ Director of Finance and Administration APPROVAL: Approved through Delegation of Authority: Procurement Policy, Appendix 4 ________________________________________________________________________Chief Administrative Officer **Supporting Documentation Attached
Page 2 of 2
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39
Appendix 7 – Procurement Notification Form
The Corporation of the Municipality of Brighton
Bid Number _____________________ for the procurement of ___________________________________________________ closed on (date and time) _________________________________________________ The Bid was awarded on (date) _____________________________________________ The value of the Successful Bid is $______________________ Department Head Name Title
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40
Appendix 8 – Record of Bid Opening
Name of Solicitation Document (eg RFP PW 2019-01)
Description of Goods and Services
BIDDER NAME BID AMOUNT (before HST)
Opened by: Name of Clerk or Deputy Clerk ________________________________ Signature Name of Department Head ________________________________ Signature Date and Time of Bid Opening
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Corporate Services Services corporatifsCT’sJStephen CoveyChief of Police Chef de Ia Policeand Chief Security Officer et de a sécurité
www.cn.ca 935 de La Gauchetiêre Street West 935 rue de La Cauchetière Quest1 Floor 1 5’ etageMontreal, Quebec H3B 2M9 Montréal (Québec) H3B 2M9Canada Canada
June 28, 2019
Office of the ClerkMunicipality of Brighton35 Alice StreetP.O. Box 189Brighton ON KOK 1 HO
Dear Sir! Madam:
2019 is a very special year for CN as it marks our 100th anniversary. From the start, onJune 6, 1919, safety has always been a core value at CN.
We are on a journey to become the safest railroad in North America. In addition toreinforcing a strong safety culture among our 25,000 employees, we collaborate withcommunities and local authorities to help prevent accidents and injuries at rail crossings,and ensure everyone’s safety on and around railroad infrastructure.
This year, Rail Safety Week will be held in Canada from September 23-29. Hand in handwith Operation Lifesaver, CN Police Service officers and other CN employees will be incommunities conducting hundreds of safety initiatives throughout the week. As proudpartners, our commitment is to keep communities safe by raising rail safety awareness year-round
Safety is a shared responsibility
Last year, your Council joined the safety efforts of many other Canadian municipalities byadopting a resolution in support of Rail Safety Week. For this initiative, I thank you.
Rail safety is everyone’s responsibility and, by looking out for each other and workingtogether, we can help keep our communities safe and prevent fatalities and injuries on ornear railway property.
Your council can continue to be a powerful ally in this effort to save lives by once againadopting the enclosed draft resolution. Please send a copy of your resolution by mail ore-mail to [email protected] and let us know how you will be promoting rail safety in yourcommunity this year.
For additional information about Rail Safety Week 2019, please consultwww. cn. ca/railsafety or www. operationlifesaver. ca.
SOPERATIONLIFESAVER
RECEOVEDJUL 1 2019
6no;i
Yours sincerely,
Stephen Covey
End.
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(Draft Resolution)
RESOLUTION IN SUPPORT OF RAIL SAFETY WEEK
Whereas Rail Safety Week is to be held across Canada from September 23 to 29,2019;
Whereas it is in the public’s interest to raise citizens’ awareness of the dangers ofignoring safety warnings at level crossings and trespassing on rail property to reduceavoidable deaths, injuries and damage caused by incidents involving trains andcitizens;
Whereas Operation Lifesaver is a public/private partnership whose aim is to work withthe public, rail industry, governments, police services, media and others to raise railsafety awareness;
Whereas CN has requested City Council adopt this resolution in support of itsongoing efforts to raise awareness, save lives and prevent injuries in communities,including our municipality;
It is proposed by Councillor
_______________________________________
seconded by Councillor
_______________________________________
It is hereby RESOLVED to support national Rail Safety Week to be held fromSeptember 23 to 29, 2019.
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July 19, 2019
Village of Sodus Point8356 Bay StreetSodus Point, NY 14555
Attention: Tracy Durham, Village Clerk rfreasurer
Dear Tracy Durham:
Re: Resolution from the Village of Sodus Point, dated July 1, 2019, Regarding aResolution to Recommend that the International Joint Commission Plan beRescinded
Council considered your correspondence at their meeting on July 4, 2019 and adoptedthe following resolution:
“Be it resolved that the correspondence from Tracy Durham, Clerk, Village of SodusPoint, Wayne County, New York, dated July I, 2019 be received and that Councilsupports the recommendation that the International Joint Commission Plan 2014 berescinded, and that a copy of the resolution be sent to Kim Rudd, MP, David Piccini,MPP, AMO, Northumberland County and the local municipalities on Lake Ontario.
For the information of those copied on this resolution, a copy of the resolution from theVillage of Sodus Point is attached.
c: Kim Rudd, MP, Northumberland — Peterborough SouthDavid Piccini, MPP, Northumberland -Peterborough SouthWarden and Council, Northumberland CountyMayor and Council, Town of Port HopeMayor and Council, Town of CobourgMayor and Council, Township of CramaheMayor and Council, Township of Brighton
Attached
Township atAInwick/Flaldimand, 10836 County Road 2, P.O. Box 70, Graftt ii, Ontario KOK 2G0ThI: L3fl334q.,3n Fax: 905-349-3259 E-maiL [email protected] Page 369 of 371
Resolution 2019-6a to recommend that International Joint Commission Plan 2014be rescinded.Whereas, Lake Ontario is a regional, national and international resource; and
Whereas, Great Sodus Bay is a vital economic and recreational resource to the Village of Sodus Point, Town of Sodus,Town of Huron and the County of Wayne; and
Whereas, the lake levels are managed by the St. Lawrence River Board of Control under the jurisdiction of theInternational Joint Commission comprised of commissioners from both the United States and Canada; and
Whereas, the adoption of Plan 2014 by the International Joint Commission (UC) has substantially contributed to thedamage being caused a1ong the lakeshore including Sodus Bay; and
Whereas, the Village of Sodus Point, it’s residents and loca businesses are once again incurring substantial damage tothe properties along and around Sodus Bay whch has threatened not only the economic vitality of the area but also thelife and safety of residents and visitors to Sodus Bay while at the same time causing severe property damage in andaround Sodus Bay: and
Whereas, the Village of Sodus Point in conjunction with the County of Wayne has experienced significant added expenseas a result of efforts to keep the high water from further impacting the Village; and
Whereas, the flooding experienced again this year threatens municipal infrastructure; and
Whereas, it is conceivable and reasonable to expect future fiooding as was experienced in 2017 and is beingexperienced now in 2019 which in great part is caused by the implementation of Plan 2014,
Now therefore be it reso;ved by the Village Board of the Village of Sodus Point as folows:
1, The International Joint Commission immediately rescind and suspend Plan 2014 and fall back to Plan SSDD. TheVillage fLrther requests that any plan developed to succeed these plans protects the interests of themunicipality, the first responders, visitors and residents
2. As provided in the treaty forming the international Joint Commission, funding to municipalities and riparianproperty owners must be provided to plan and implement flood prevention, mitigation, response and recoverycommensurate with anticipated increases in flooding, erosion and damages.
3. Any committee or task force created to review mitigation and safety plans fronting the Great Lakes must conta1na representative of the Village of Sodus Point.
CERT[FICATE OF CLERK
STATE OF NEW YORK:COUNTY OF WAYNE: SS:VILLAGE OFSODUS POINT
I, Tracy B Durham_____ , Village Clerk of the Village of Sodus Point, Wayne County, New York,DO HEREBY CERTIFY that I have compared the foregoing resolution duly adopted by the Village Board ofthe Village of Sodus Point on the 20’ ofiune, 2019 with the original of such resolution now on File in myoffice, and the same is a correct and true copy of said original resolution and of the whole thereof.
ifl
__________________
Village ClerldTreasurer Date: 7/1/19
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The Corporation of theTown of Cobourg Resolution
Moved By
______________________
Resolution No.:
Last Name Printed
_______________________
Seconded By
_______________________
Council Date:
Last Name Printed July 2, 2019
WHEREAS at the Committee of the Whole on June 24, 2019, Council considered apresentation from Sarah Delicate, Spokesperson, United Shoreline Ontario (USO); and
WHEREAS the International Joint Commission (IJC) approved Plan 2014, a Plan toregulate water levels and flows in Lake Ontario and the St. Lawrence River to protectagainst extreme water levels, to restore wetlands and to prepare for climate change, hashad deleterious effects on the shorelines of the Town of Cobourg and other municipalitiessurrounding Lake Ontario; and
WHEREAS Plan 2014 proposed that average annual coastal damages on the LakeOntario shoreline would be approximately $46 million under natural conditions, andapproximately $20 million under Plan 2014; and
WHEREAS in 2019 Lake Ontario has exceeded the record daily peak of 75.88 m whichwas experienced from May 25 to May 28, 2017 and that peak was 82 cm above averagefor this time of year; and
WHEREAS the water level is expected to continue to rise due to record high water levelsin the other Great Lakes that drain into Lake Ontario, reaching its peak within 1-3 weeks;and
NOW THEREFORE BE IT RESOLVED THAT the Corporation of the Town of Cobourgrequests that the Federal and Provincial Governments conduct a formal investigation intothe flooding events of 2017 and 2019 in affected communities along the Lake Ontario andthe St. Lawrence River, specifically the economic impacts and damage to infrastructure;and
FURTHER THAT the International Joint Commission (IJC) approved Plan 2014 beevaluated and measured for effectiveness and verifiable impacts by the Federal andProvincial Governments; and
FURTHER THAT the provincial and federal governments strike a Committee to reviewmitigation and safety plans for the communities fronting the Great Lake and the St.Lawrence Seaway; and
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FURTHER THAT the Municipality advocate that our Federal Partners work with the IJCto develop a new flood plans that better protects the interests of Municipalities,Emergency procedures and Riparian’s; and
FURTHER THAT Council authorize the Mayor to engage with government and non-government organizations and agencies involved with Lake Ontario flood mitigation; and
FURTHER THAT the IJC, as required by the Boundary Water Treaty, protect andindemnify the Town of Cobourg and the Town’s shoreline residents and business ownersfrom all damages resulting from Plan 2014; and
FURTHER THAT this Resolution be forwarded to The Right Honourable Justin Trudeau,Prime Minister of Canada, The Honourable Kim Rudd, MP, NorthumberlandPeterborough South, The Honourable Doug Ford, Premier of Ontario, The HonourableDavid Piccini, MPP, Northumberland-Peterborough South, The Honourable Steve Clark,Minister of Municipal Affairs, Andrew M. Cuomo, Governor of New York State, the GreatLakes International Joint Commission (IJC), and to all other Ontario municipalitiessurrounding Lake Ontario and the St. Lawrence River through the Association ofMunicipalities of Ontario (AMO).