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Home My WebLink AboutSeptember 01, 2011 - CouncilCOUNCIL AGENDA THE CORPORATION OF THE MUNICIPALITY OF BAYHAM 9344 Plank Road, Straffordville Thursday, September 1, 2011 7:30 p.m. 7:30 p.m. & 7:40 p.m. - Public Meeting - Planning (Zoning) Page 1.CALL TO ORDER 2.DISCLOSURE OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3.APPROVAL OF MINUTES AND ADDITION OF AGENDA ITEMS (a)Minutes of the regular meeting of Council held August 18, 2011. (b)Added Item(s) 4.DELEGATIONS 5.INFORMATION ITEMS (a)Correspondence from Correctional Service Canada regarding "Restorative Justice Week 2011". File: A01 (b)Correspondence dated August 23, 2011 from Canadian Union of Public Employees regarding "Awareness Day". File: A01 (c)Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Association Municipal Class Environmental Assessment". File: A16 (d)Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. File: C06 (e)Museums Bayham minutes of meeting held August 10, 2011. File: C06 7-14 15 17-20 21-46 47-50 51-53 Page 1 of 223 Council Agenda September 1, 2011 Page 5.INFORMATION ITEMS (f)Copy of correspondence dated August 12, 2011 from Town of Ingersoll to Honourable Jim Bradley regarding "Transfer of Authority of Vehicle Impoundments". File: C10 (g)Correspondence dated August 10, 2011 from City of Belleville regarding "OPP Service Costs". File: C10 (h)Copy of correspondence dated August 22, 2011 from Municipality of Brockton to Premier Dalton McGuinty regarding "OPP Wage Settlements and Contract Negotiations". File: C10 (i)Correspondence dated August 17, 2011 from County of Lennox and Addington regarding "OPP Service Costs." File: C10 (j)Copy of resolution passed August 17, 2011 by Municipality of Neebing regarding "OPP Service Costs". File: C10 (k)Copy of correspondence dated August 9, 2011 sent to Premier Dalton McGuinty and Commissioner Chris Lewis from County of Peterborough regarding "OPP Service Costs". File: C10 (l)Correspondence dated August 25, 2011 from Township of St. Joseph regarding "OPP Service Costs". File: C10 (m)Correspondence dated August 18, 2011 from Elgin Group Police Services Board regarding "Police Services Contract". File: C10 (n)Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". File: C13 (o)Correspondence dated August 12, 2011 from Statistics Canada regarding "2011 Census and National Household Survey". File: M04 (p)Correspondence dated August 28, 2011 from John Sebok regarding "Noise From Bayham". File: P01 55-56 57 59 61 63 65 67 69-71 73-91 93 95 Page 2 of 223 Council Agenda September 1, 2011 Page 6.PLANNING, DEVELOPMENT, RECREATION & TOURISM 1.Correspondence and Reports (a)Staff Report D2011-36 regarding "Borm (ETBO) Site Plan Agreement Amendment". File: L04.BORM (b)Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART (c)Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". File: D11.HIEM 2.PUBLIC MEETING 1.Public Meeting (a)7:30 p.m. - Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning - to change the zoning on a parcel of land from Agricultural (A1) Zone to a Special Agricultural (A2) Zone and to a site-specific Rural Residential (RR-17) Zone. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". File: D14.BEST 4.Public Comments 5.Council Comments and Questions 97-100 101-112 113-129 131-143 Page 3 of 223 Council Agenda September 1, 2011 Page 6.Adjournment 7.Disposition of Item 3.PUBLIC MEETING 1.Public Meeting (a)7:40 p.m. - Wintermute Rezoning - to change the zoning on a parcel of land by adding additional regulations pertaining to 'Accessory Buildings, maximum floor area' to the site specific Estate Residential (ER-7) and Hazard Land zone. 2.Declaration of Pecuniary Interest and the General Nature Thereof 3.Staff Presentation (a)Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT 4.Public Comments 5.Council Comments and Questions 6.Adjournment 7.Disposition of Item 145-162 Page 4 of 223 Council Agenda September 1, 2011 Page 7.ROADS, AGRICULTURE & DRAINAGE 8.PROPERTY, BUILDING & PROTECTIVE SERVICES (a)Staff Report P2011-016 regarding "Semi Annual Report - By-Law". File: P01 (b)Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 (c)Photos of the Railway Building at the Corinth Park regarding "Vandalism and Safety Concerns". File: R04 (d)Correspondence from By-Law Review Committee regarding "Property Standards and Gardens By-Law Survey". File: P01 9.FINANCE, ADMINISTRATION & PERSONNEL (a)Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the period ending August 21, 2011 totaling $59,827.31. (b)Staff Report PW2011-09 regarding "County Road Maintenance Agreement / Funding". File: L04 (c)Correspondence dated August 18, 2011 from Otter Valley Naturalists regarding "Municipal Beach Improvement Project - Request for Municipal Charitable Receipt". File: C13 10.ENVIRONMENT 11.COMMITTEE OF THE WHOLE (a)In Camera. (b)Out of Camera. 163-166 167-176 177-179 181-184 185-192 193-196 197 Page 5 of 223 Council Agenda September 1, 2011 Page 12.BY-LAWS (a)By-Law Z594-2011 A By-Law to further amend By-Law Z456-2003 (Best Line Farms / VanLeeuwen) (b)By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) (c)By-Law 2011-072 A By-Law to further amend By-Law 2011-001 (appointing members to boards and committees) (d)By-Law 2011-074 A By-Law to authorize the execution of an agreement (Borm / ETBO) (e)By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) (f)By-Law 2011-076 A By-Law to confirm all actions of Council 13.ADJOURNMENT (a)Adjournment 199-200 201-203 205 207-209 211-222 223 Page 6 of 223 COUNCIL MINUTES THE CORPORÁ.TION OF THE MUNICIPALITY OF BAYIIAM 9344 Plank Road, Straffordville August 18,2011 7:00 PM 7:30 PM Public Meeting - Planning (Zoning) The regularmeeting of the Council of the Municipalþ of Bayham was held on Thursda¡ August 18, 2011 in the Council Chambers. Present were Mayor Paul Ens, Councillors Tom Southwick, Wayne Casier and Ed Ketchabaw, Administrator Kyle Knrger and Clerk Ly¡da Millard. Deputy Mayor Mark Taylor was absent. Planning Coordinator / Deputy Clerk Margaret Underhill was in attendance to present her reports. 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURE OF'PECT]NIARY INTEREST & THE GENERAL NATURE THEREOF None. 3. APPROVAL OF MINUTES AND ADDITION OF AGEi\DA ITEMS (a) Minutes of the special meeting of Council held August 2, 20Il . 20tt-387 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw tt1'¡l[f the minutes of the special meeting held August2,201l be approved as circulated.rl CARRIED UNANIMOUSLY (b) Minutes of the regular meeting of Council held August 4,2011. 201 1-388 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick "THAT the minutes of the regular meeting held August 4,2011be approved as circulated.rr CARRIED TINANIMOUSLY Page I of8 Minutes of the regular meeting of Council held August 18, 2011.Page 7 of 223 Council Minutes August 18,2011 4. DELEGATIONS (a) 7:05 p.m. - Paul Collins, President & CEO and Jason White, Volunteer, St Thomas Elgin General Hospital Foundation regarding "Redevelopment Initiatives at the St. Thomas Elgin General Hospital". Mr. Collins made a power point presentation to update Council on the redevelopment initiatives at the St. Thomas Elgin General Hospital. The vision is to provide a state-of- the-art facility to support high quality care; enable recruihent and retention; respond to mental health needs; revítalizevacant, valuable space in the Continuing Care Wing; and renew presence and vitality of the hospital in the community' New separated visitor hallways will enhance infection control. A new adult mental health progfam includes a 15 to 18 bed acute inpatient uni! associated ouþatient services and community support, nursing, psychology and psychiatric support. A new emergency deparhent will double in size to 20,000 sq. ft., provide private triage areas, improve access to Diagnostic Imaging, more effective infection control and safety and an improved work envi¡onment. New surgical suites will include operating rooms, expanded post-anaesthetic care, day surgery and improved flow between emergency and operating rooms. Ambulatory care will be moved to one centralized location in the Complex Continuing Care area accessible from an exterior entrance, improving infection control and enhancing patient privacy. Jason White, an area resident, property and business owner volunteers in support of the hospital's $106 million dollar project. A positive funding announcement by the Ministry of Health is anticipated in the nea¡ future. 5. INFORMATION ITEMS (a) Corespondence dated July 28, 2011 from County of Elgin regarding "Elgin County Gateway Signs". File: 416 (b) Long Point Region Conservation Authority Board of Directors minutes of meeting held July 6, 2011. File: 416 (c) Correspondence dated JuIy 29,2011 from Ministry of the Environment regarding "Clean Water Act". File: 416 (d) Correspondence dated August 10,2011 from Municipality of Central Huronregarding "OPP Contract Costs". File: C10 (e) Correspondence dated August 3,2011 from Township of Enniskillen regarding "OPP Page 2 of 8 Minutes of the regular meeting of Council held August 18, 2011.Page 8 of 223 Council Minutes August 18, 2011 Contract Costs". File: C10 (Ð Corespondence dated August 4,20L1 from Township of Faraday regarding "OPP Contract Costs". File: C10 (g) Correspondence dated July 26,2011 f¡om Town of Fort Frances regarding "OPP Contract Costs". File: ClO (h) Corespondence dated July 28, 2011 from County of Haliburton regarding "OPP Contract Costs". File: ClO (Ð Conespondence dated August 1,2011 from Township of Southgate regarding "OPP Contract Costs". File: C10 C) Correspondence dated J:uIy 21,2011 from Township of Mulnur regarding "OPP Contract Costs". File: C10 (k) Copy of Committss of Adjusbnent Decision regarding "B & S Crevits Farms Ltd". File: D13 (l) Correspondence dated Iru|y27,2011 from Ministry of Municipal Affairs and Housing regarding "Ontario's Land-Use planning System. (Sample Publication Package available) File: D00 (m) Lake Erie Region Source Protection Commitee minutes of meeting held July 7,2011. File: E00 201 1-389 Moved by Councillor T Southwick Seconded by Councillor \M Casier "THAT information items 5(a) through 5(m) be received for information." CARRIED UNANMOUSLY 6. PLANNING. DEVELOPMENT. RECREATION & TOURISM l. (a) StaffRe,port D2011-35 regarding "B & S Crevits Farms Ltd. Development Agreement and By-Law". File: L04 CREV 20rt-390 Moved by Councillor W Casier Seconded by Councillor T Southwick "TIIAT By-law No. 2011-070, being a By-law to authorize the execution of a Development Agreement between B & S Crevits Farms Ltd. and the Municipality pertaining to a second supplementary farm dwelling, be presented to Council for enactment.tt Page3 of8 Minutes of the regular meeting of Council held August 18, 2011.Page 9 of 223 Council Minutes August 18,20ll CARRIED UNANIMOUSLY 2. PUBLIC MEETING 20lr-391 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "THAT the Council meeting be adjourned in order to hold a Public Meeting pursuant to the provisions of the Planning Act." CARRIED UNANIMOUSLY PUBLIC MEETING 7:30 p.m. - Rezoning Application: - to change 1foe zening of 43.7 hectares (108 acres) of land from Agricultural (41-A) Zone to a Special Agricultural (A2) Zone and a Rural Residential (RR) Zone submitted by Peter and Barbara Jurenas. DECLARATION OF PECUMARY INTEREST A}[D THE GENERAL NA,TURE THEREOF None. STAFF PRESENTATION StaffReport D2Oll-34 regarding "Jurenas Surplus Farm Dwelling Rezoning". File: D14 Jt RE The report was presented by the Planning Co-ordinator. She advised that no written comments or objections had been received and that the applicants v/ere present. PUBLIC COMMENTS None. COTJNCIL COMMENTS AND OUESTIONS None. ADJOURNMENT 20tl-392 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Pubtic Meeting be adjourned at 7:35 p.m.." CARRIED T]NANIMOUSLY DISPOSITION OF ITEM 20lt-393 Page 4 of 8 Minutes of the regular meeting of Council held August 18, 2011.Page 10 of 223 Council Minutes August l8,20ll Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the zoning of those lands located on Sandytown Road in Concession I Part Lot 16 & 17 owned by Peter and Barbara Jurenas, subject to Elgin County Land Division Consent Application E2glll, be changed from Agricultural (41-A) to Special Agricultural (42) on the retained parcel and Rural Residential (RR) Zone on the severed parcel to permit the severance of a surplus farm dwelling; AND THAT Zoning By-law ZS93-2011be presented for enactment." CARRIED UNANIMOUSLY 7. ROADS. AGRICULTURE & DRAINAGE 8. PROPERTY. BUILDING & PROTECTIVE SERVICES 9. FINANCE. ADMINISTRATION & PERSONNEL (a) Cheque Register being Cheque #10888 to Cheque #10988 inclusive, except Cheques #10776,#10924 and #10978 totaling $263,802.18 and Payroll Disbursements for the period ending August 7,2011 totaling $60,663.70. 20tt-394 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier "TIIAT Cheque Register being Cheque #10888 to Cheque #10988 inclusive, except Cheques #10776,#10924 and #10978 totaling $263,802.18 and Payroll I)isbursements for the period ending August 7,20lltotaling $60'663.70 be approved." CARRIED UNANIMOUSLY (b) StaffReport PR201l-03 regarding "Library Lease Proposal Renewal"' File: L04 20tt-395 Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT the Municþality provide confirmation to the County of Elgin that lease agreements for the Elgin County Library Branches at Straffordville and Port Burwell have been renewed for a further five year period, to expire December 31, 2016, pursuant to section 2.2J of the agreements." CARRIED UNANIMOUSLY (c) Request from Bayham West Cemetery for reimbursement of invoice from Zap'sTree and Lawn Service for tree removal and clean up. Page 5 of 8 Minutes of the regular meeting of Council held August 18, 2011.Page 11 of 223 Council Minutes August 18' 2011 File: S09 20lr-396 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier 'TTIIAT Council approves reimbursement to the Bayham West Cemetery $1'356.00 for payment of invoice from Zap's Tree and Lawn Service for tree removal and clean up.tt CARRIED TINANIMOUSLY (d) Correspondence dated August 16,20ll from Periscope Playhouse Steering Commiftss requesting use of Municipal sign for the month of September to advefise "Periscope Playhouse Road Rally". File: C13 20lt-397 Moved by Councillor T Southwick Seconded by Councillor W Casier I'THAT Council grants permission to the Periscope Playhouse Steering Commitee to use the sign as requested, subject to Municipal needs." CARRIED UNANIMOUSLY (e) Correspondence dated August 17,2011 from Port Bu¡well Fireman Association regarding "Day for Donovan Fundraiser". File: C13 20tr-398 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw "TIIAT Council authorizes street closure at the corner of Pitt and Erieus as requested by the Port Burwell Fireman Association; AND THAT the Public Works Manager be directed to provide the necessary provisions for traffic control and safety." CARRIED UNANIMOUSLY 10. EI\¡VIRONMENT 11. COMMITTEE OF THE WHOLE (a) In Camera. 20rl-399 Moved by Councillor E Ketchabaw Seconded by Councillor T Southwick Page 6 of 8 Minutes of the regular meeting of Council held August 18, 2011.Page 12 of 223 Council Minutes August 18,2011 "TIIAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at7z45 p.m. to discuss: . a proposed or pending acquisition or disposition of land by the municipality or local board." CARRIED UNANIMOUSLY (b) Closed session minutes of the regular meeting of Council held August 4,2011. (c) Verbal Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board. (Parking Requirements) (d) Out of Camera. 20tt-400 Moved by Councillor T Southwick Seconded by Councillor E Ketchabaw I'THAT the Committee of the Whole do now rise from the "In Camera" session at 8:20 p.m.r' CARRIED UNANIMOUSLY 12. BY.LAWS (a) By-Law 2:593-2011 A By-Law to fi¡rther amend By-Law 7A56-2003 (Jurenas) (b) By-Iaw 20ll-070 A By-Law to authorize the execution of a development agreement (B & S Crevits Farms Ltd.) 20lt40l Moved by Councillor W Casier Seconded by Councillor E Ketchabaw "THAT By-Laws 2593-2011and 2011-070 be read a first, second and third time and finally passed." CARRIED UNANIMOUSLY (c) By-Iaw 20ll-071A By-I^aw to confirm all actions of Council 20tt-402 Moved by Councillor E Ketchabaw Seconded by Councillor W Casier I'That confirming By-Law 20ll-071be read a first, second and third time and finally passed.f' CARRIED UNANIMOUSLY Page 7 of 8 Minutes of the regular meeting of Council held August 18, 2011.Page 13 of 223 Oounpltl At¡glæt 18,2011 13. m11409iliftivedby T *Sæoutted:hy Ç**iø qTEAT Êbg'Gouucit lq-sdng be adJourøltt *l 8$t p.n rr EARIUED Minutes of the regular meeting of Council held August 18, 2011.Page 14 of 223 'ry Re.-v[si,olti,lrg Nouveau regarå sur [a justice ?fr11 MUNICIPALITY G; iliiYHAl¡ It gives me great pleasure to call upon all Mayors, Chiefs, Re_eves, Councillors and community leaders from across Cãnada to froclaim Restorative Justice wéek 20'11. fhe correctional service of Canada (csc) has been an active partner in the restorative justice community for mor > than a decade and has been proud to provide leadership to the annual celebration since 1996. RestorativeJusticeweek 2ollwillbeheldincanada,andthroughouttheworld,fromNovemberl3th'20thforthe purpose of sharing the concrete learning and results that have come from the growing experience of practitioners and stakeholders in the application of a restorative justice approach and processes. The theme this year is ,,Re-visioning Justice". This theme calls upon all of us to envision how a restorative justice approach can be applied and implemtnted within existing systems. lt is a challenge to the health care systems, educational systems, justice systems, correctional systems, and all other systems and/or levels of government, to be creative and innovâtive in looking at 'justice' through a restorative justice lens. Municipal recognition of Restorative Justice week increases from year to yeal ln2010, 378 municipalities across canada proclaimed Restorative Justice week; an increase of 130ı/o from 2009. ln addition, the provinces of Nova scotia, Manitoba, saskatchewan, and British ôolumbia proclaimed the week. Restorative Justice Week was also celebrated in at least 19 other countries. This year, with your support, we hope to build on this success' Here are some ideas of things you could do as leaders in your community: . Declare / proclaim Restorative Justice Week 2011. We have included with this letter a copy of the on our website: ; . Host a town hall meeting to promote an awareness of how restorative justice is expressed in your communities; . Challenge your community partners to create a local planning committee for Restorative Justice Week 20'11 activities; o lnvite a guest speaker from your community, who is involved in restorative justice, to share their perspectives' should you require someone would like more information, please contact CSC's Restorative Justice Division a 'Please fax a copy of the proclamation or the minutes of the meeting dec ustice Week 20'11, as well as your contact information, to (61 31 943'217'1. For more information on Restorative Justice Week 2011 and available resources, or to let us know if your city, town or vi¡age is pranning an event, visit Not onry will your Restorative Justice Week ðvent be posteO online, it will e Week National Report' Don Head Commissioner Service correctionnel CanadaI *r g3il53:"""'service Correspondence from Correctional Service Canada regarding "Restorative Justice Week 2011". Page 15 of 223 Page 16 of 223 h:! 5 2rì August 23,2011 To Mayors and Councils, We are writing to ask that you and your Council endorse a day of recognition for the many people who work providing "ur" to children in your cornmunity. This year will mark the l lth Anniversary of our Awareness Day which reiognizes the education, skills, commitment and dedication of Early Childhood Educators and Child Ca¡e Staff. The Ontario Coalition for Better Child Care (OCBCC), the Canadian Union of Public Employees (CUPE) and our other labour partners representing child care workers across Ontario are asking that Wednesday. October 26. 2011 be proclaim ed as Child Care úI/orker & Early Chitdhood Educøtor Appreciation Day in accordance with the attached resolution. Many groups are recognizedby way of Municipal Resolution. Such a day allows the community to recognizethe work oi vaiious groups and to acknowledge the contributions they make in the lives of community members. Many children, families and communities benefit from the work of child care workers. Child care also contributes to the economic life of communities. Research shows the many economic benefits accrued from affordable, accessible high quality child care. These benefits come from the number of people employed in the child care industry and be"â.rse ihe availability of child care allows parents to work and to contribute to the economic life of society, Even if your Council does not issue official proclamations, there are many ways for your municipality to participate in and Celebrate this special day. V/e ask your Council to sponsor public announcements, display our posters and distribute buttons, Màny municipalities also organize events and contests for the day or have Councillors or the Mayor participate in events hosted by child care centres within the municipality. A list of ideas and examples is attached. We hope that your proclamation of this day of appreciation, or your active support, will encourage and promote a day of community iecognition for child care workers. Please fax the attached order to request posters and buttons to help you raise awareness and celebrate. Please advise us of your participation in this day of recognition so that we can acknowledge your community's role in celebrating child care workel's across Ontario on October 26th. Please direct any correspondence on proclamations and/or celebration activities to the attention of Kathy Johnson, by mail: CtlPE, 305 Milner Avenue, Suite 800, Scarborough, ON MIB 3V4, ot'by fax: 416-292-2839. Thank you for your consideration. Yours sincerely, Ô"d&h President, CUPE Ontario cc: CMSMs/DSSABs (?-. -ì J l,''(-t (\)itçrr, l; t,l;'r{. ,-- - i -\ Tracy Saarikoski President, OCBCC :us/ cope491 Correspondence dated August 23, 2011 from Canadian Union of Public Employees regarding "Awareness Day". Page 17 of 223 Page 18 of 223 llth Annual Child Care Worker & Early Childhood Educator Appreciation Day October 2q 2Ot,O Ideas toT{gcognlze the Dôy * Support the resolution declaring October 26th Ch¡ld Care Worker & Early Ghildhood Educator Appreciation Day, * Distribute buttons and posters - visit www.childcareontario.org for an order form for free materials including posters and buttons. * Host an appreciation breakfast, lunch or dinner. Municipalities * Ensure celebration activities in municipally run child care centres. * Encourage local Councilors to tour a child care centre or early learning program to leam more about the work of ECE's. Event could also generate media coverage in local papers. * Take out an ad in the local newspaper' * Take nominations from local child care centres for outstanding staff to be recognized by the Mayor through a letter, announcement or event. * Distribute information on the day to all centres and agencies with child care staff. * Make a large order of mugs, key chains or post-it notes for distribution in your community. * Organize a community-wide celebration to recognize individual staff or centres and programs. School Boards * Encourage school board trustees to tour an early learning program to tearn more about the work of ECE's. Event coutd also generate media coverage in local papers. * Arrange to have the day announced on the school PA with the morning announcements. * Notify parents in advance. Set up a 'Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate aftenrards for the staff to keep. * Notify other staff in the school and host an event with cake or dessert in the staff room. Local Ch¡ld Gare Gentres, Boards of Directors * Distribute carnations to staff working in child care centres. * Start the day right with a breakfast. Distribute buttons and posters and certificates of appreciation to all staff' (see over"') Correspondence dated August 23, 2011 from Canadian Union of Public Employees regarding "Awareness Day". Page 19 of 223 * Have the board of directors take the staff out for dinner and an evening of fun. * Host an afternoon tea party (with desserts provided by parents) for allthe staff and children. * Host coffee, tea, and treats from 4:00 pm. to 7:30 pm, to accommodate staff finishing shifts. * Give each staff member a certificate of appreciation. * Have the board of directors send out a notice to each family and ask that they contribute a fruit, jam, tea, to fill a basket for all the staff. * Have the Board of Directors provide homemade cards and chocolates. * Make a bulletin board with posters and place the certificates of appreciation on the board. * Host a Ch¡ld Care Worker and Early Childhood Educator Appreciation Day event with a guest motivational speaker and refreshments. * Set up a "Wall of Fame" for parents to help in writing words of thanks to each of the staff. Laminate afterwards for the staff to keep. * Have the board of directors send a letter to all families and board members accompanied by a cut-out of a hand. Ask parents to write a note to staff on the hand as a way of "giving the staff a hand" for a job well done. Then display the hands in the centre. * put up a big poster with the staffs 'bios'and photo and have the parents sign a message on it. * Distribute cards hand made by children and parents. * Send staff a letter from the board thanking them for their commitment to children and families' * Make a donation on behalf of the staff to a shelter for women and children in your community. * Host a pizza lunch for the staff. * Have the Board of Directors host an evening of celebration for all staff in honour of Child Care Worker and Early Childhood Educator Appreciation Day. * Have community businesses sponsor the day and give discounts and gifts to all staff or provide door prizes for appreciation events, or gift bag items. o This is just a short list of activities - there are many thjngg you can do to recognize and celebrate the valuable role child care workers play in the lives of children, families and communities. Please contact the O Care (416-538-0628 x2 ltoll-Íree 1-800-594-7514 x 2, or email at furthei information, posters, buttons and certificates of appreciation. :us/ cope49l Correspondence dated August 23, 2011 from Canadian Union of Public Employees regarding "Awareness Day". Page 20 of 223 From : Dea, Jeffrey (EN E) lmailto : Jeffrey. Dea @onta rio.ca] Sent: Friday, August 26, Z0LL 9:30 AM To: Dea, Jeffrey (ENE) Subject: Notice of Approval of Amendments to the MEA Class EA Further to the attached e-mail of January 18,2011, the Ministry of the Environment (MOE) is pleased to announce that approval of the amendments to the Municipal Engineers Association (MEA) Municipal Class Environmental Assessment (EA) was given by the Minister of the Environment on August '17,2011. The approved amendments include the following two components: 1. An updated section 4.2.9. of the MEA Class EA - this section of the MEA Class EA sets out integration provisions that allow project proponents to integrate approvals under the Planning Actwith requirements under the MEA Class EA. By completing the requirements for EA and land use planning processes at the same time, proponents can streamline their efforts and more effectively meet the requirements of the both the EnvironmenúalAssessment Act (EAA) and the Planning Acf, Section 4.2.9 of the MEA Class EA has been amended to include clarifications and enhancements that are intended to improve the usability of the integration provisions. 2. Minor amendments - a series of minor changes to the MEA Class EA that include: o a rescheduling of minor municipal activities that have localized impacts and which require other follow- up approvals;. the use of an index to allow the cost thresholds which determine the categorization of road activity projects to be adjusted on an annual basis;o the introduction of a screening process used to determine potential heritage value for bridge structures that are 40 years of age or older; ando minor administrative changes, such as grammatical improvements to the MEA Class EA were also approved. Attached for your reference please find electronic copies of: o The MEA's final submission to the Minister of the Environment; and. A signed copy of the Notice of Approval of Amendments. These materials can also be found on the MEA's web site, which can be accessed at: htto://www. m u n icipalclassea.cal To assist EA practitioners and proponents of MEA Class EA projects as they transition to the use of the new provisions, the MEA is developing a traíning and outreach program. Specifically, a webinar will be hosted by the MEA's consultant, Delcan Consulting, which will provide an overview of the approved amendments, various case studies to help explain the mechanics of the integration provisions, and opportunities for Qs & As. Details of the webinar will be provided by Delcan Consulting when they become available. Should you have any additional questions about the approved amendments to the MEA Class EA, please feel free to contact me. Sincerely, D. Jeffrey Dea Special Project Officer EA Project Coordination Section Environmental Assessment & Approvals Branch Ministry of the Environment 124, 2 St. Clair Avenue West Toronto ON M4V 115 T:416-314-7213 F:416-314-8452 e: ieffrev.dea(Oontario.ca Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 21 of 223 Page 22 of 223 Envi ro n m enfal Assess m ent Act NOTICE OF APPROVAL OF AMENDMENTS Municipal Engineers Association Municipal Class Environmental Assessment RE: Municipaf Class EnvironmentalAssessment (Glass EA) Proponent: MunicipalEngineersAssociation(MEA) EA File No.: EA-03-03-02-02 Having considered the purpose and provisions of the EnvironmentalAssessment Act and the Class EA, the MEA's submissions, the MEA's public consultation and its response to those submissions, I hereby amend the Class EA. REASONS My reasons for amendíng the Class EA are as follows: (1) The amendments were prepered Ín accordance with the amendment provisions outlined in section 4.1.5.2 of the Class EA. (2) The MEA consulted with government agencies, EA practitioners, industry representatives, interested persons and Aboriginal communities and organizations about its amendments. The MEA has demonstrated that the amendments are consistent with current regulatory requirements and planning practices and will provide for a more effective planning process to deliver municipal infrastructure and servicing in a more efficient and environmentally sustainable manner. (3) The MEA submitted a record of consultation that outlines the results of the consultation wÍth government agencies, EA practitioners, industry representatives, interested persons and Aboriginal communities and organizations. The record of consultation indicates that there are no outstanding concerns that have not been addressed. (4) The amended Class EA process would allow for a more expeditious review of municipal infrastructure projects while maintaÍning a detailed review of environmental etfec{s and ensuring that a consistent provincialenvironmental assessment process is followed. (5) The amendments to the Class EA will minimize duplication in planning and EA requirements as well as unnecessary costs for private sector proponents while maintainíng environmental protection. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 23 of 223 (6) The MEA's amendments are consistent with its Class EA, the Purpose and provisions of the EnvíronmentalAssessrnent Act and are in the public interest' Dated tn" \l+ dav of 8iB'åîiüT; li,'fÌî.s'$rJ;11i"îiti,"ßd,TBuÎ,1!'iìitî'Ji3Jìl3tl::.?'nil"'ltäi:nt¡¿ourd be The MlnlstrY of the Envlronment Envlronmãñtai ¡tiseósment and Approvals Branch Floor l2A 2 St. Clalr Avenue West Toronto, Ontario (416) 314-8000 (Phone)' (41.6) 314'8452 (Fax) Further information on the Municipal Class.EA can be obtained at the Municipal Engineers Association web site at www. municipalengineers'on'ca' 2011a|TORONTO. Environment 1 1th Toronto, Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 24 of 223 CLARIFICATION DAMS & WEIRS ln Appendix 1(ii) Municipal Water and Wastewater Projects, under Wastewater Projects, projects involving dams and weirs include: Schedule A 13) Reconstruct an existing dam or weir at the same location and for the same purpose, use and caPacitY; Schedule B 19) Works undertaken in a watercourse for the purposes of flood control or erosion control which may include: . bank or slope regrading. deepening the watercourse. relocation, realignment or channelization of watercourse. revetment including soil bio-engineering techniques. reconstruction of a weir or dam. 25) Removal of an existing weir or dam. Schedule C 10) Construct a new dam or weir in a watercourse. The dams and weirs referred to in these sections are flow control structures located within a watercourse. Any outfall structure at a wastewater treatment facility or sewage lagoon would be part of that wastewater treatment facility or sewage lagoon and would not be considered a dam or weir within one of these sections. Stormwater management facilities, whether located within a watercourse or not, would not be considered a dam or weir. CLARIFICATION SEPTAGE CLASSIFICAT¡ON Septic tanks need to be cleaned out regularly. Normally the contents, septage, is removed by a truck. While the septage is being hauled it is considered a waste product and subject to the associated regulations. However, when the septage is off loaded, it is considered wastewater and holding or treatment facilities receiving the septage need to be approved under the MCEA in accordance with the appropriate schedule definitions for public/private sector proponents. CLARIFICATION NOTICES Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 25 of 223 Section A.3.6 discusses consultation with review agencies. As stated in bold text in this section, "Other than the agencies to be contacted in all cases (see below) indicated, only those agencies who are likely to have an interest in the project need to be contacted." ln particular, the Ministry of the Attorney General should only be contacted if the project is relevant to that Ministry. Appendix 6 contains a sample covering memo to the Ministry of the Environment (MOE) Environmental Assessment and Approvals Branch which is to accompany Notices of Completion for Schedule B and C projects. All Notices of Completion should now be emailed to MEA.Notices.EAAB(@ontario.ca rather than the address indicated on the sample notice. A copy must also still be sent to the Regional EA Planner/Coordinator. CLARIFICATION PROJECT IDENTIFICATION AND PIECEMEALING Section A.2.2 describes Phase I of the Class EA process - identification and description of the problem or opportunity. Proponents are reminded that in determining what the project is (i.e., the scope of the project) that will be undertaken, proponents are not allowed to break down the project into its component parts or phases, with each part or phase being addressed through separate studies. This would constitute piecemealing and piecemealing ís prohibited. ln addition, proponents are reminded that the activity with the highest schedule determines the EA requirements (i.e., if one component is listed under Schedule A, another under Schedule B and another under Schedule C, the entire project is subject to Schedule C). NOTICE OF INTENT TO AMEND THE MCEA MCEA CONSISTENCY As part of the next five year review and prior to the next reprinting of the MCEA, wording in the MCEA will be reviewed to identify areas requiring change to reflect new requirements under the Safe Drinking Water Act, 2002 and to include the concept of a drinking water system with multiple supply and/or treatment systems. Also, to ensure consistency with the MOE Code of Practice, Preparing, Reviewíng and Using Class Environmental Assessments in Ontario (2009), proposed amendments to the MCEA will include: i) "Consultation Plan" will be changed to "Consultation Summary;" ii) "Key Principles of Successful EA Planning" will be changed to "EA Principles"; and iii) definitions will be added or amended as required. ln the meantime, proponents are encouraged to note this proposed amendment. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 26 of 223 Appendix I - Project Schedule Changes Phase In Ifa proponent, based on the amendments made to these schedules, intends to change the schedule ofany project for which a Public Notice (i.e., Notice of Public Meeting) has been issued under the 2007 MEA Class EA, notification of the change in schedule shall be made to the public and stakeholdersinvolvedintheprocess. IfaNoticeofCompletionhasbeenissued,theprojectshouldproceedaspreviouslydefined, Rords 30+Reconstruction or alteration ofa strucrure or tbe grading adjacent to it when the structure is over 40 years old, which alter appropriate evølua!ìon is þund to have cufturøl herilage vøluet. rDeterminalìon of cultural heritage value wìll be in acconlance with ø screening checklist developed with the Ministty of Tourism ønd Culture (MTC) and posted on the MEA website, B<2.1m C>2.7m same Amend description as shown. When the MCEA was first created in the 1980s,40 year old structures were stmctures that predated WWII. Construction techniques and material of that time were oflen unique and many of the structures are historically significant. During the 1 950s and I 960s, many new structures were constructed in Ontario and most of these st¡uctures followed standard templates. Even though they are now more than 40 years old, they are not historically significant. Structures that satisfy the screening criteria have been predetermined to not be historically significant and are therefore Schedule A projects. The 40 year old threshold is an indicator ofpotential when conducting a preliminary survey for identification ofcultural heritage resources. While the presence ofa built feature that is 40 or more years old does not automatically signifl cultural heritage value, it does make it more likely that the property could have cultural heritage value or interest. lf the property meets the criteria in Ontario Regulation 9/06, it is a cultural New+Reconstruction or alteration of a structure or the grading adjacent to it when the structure is over 40 years old which olter appropriate evaluatìon is lound not to høve culturøl herìlage value.* iDetermination of cultural heritøge value will be in accordance with a screenìng checklist developed with the Minßty of Tourìsm snd Culture (MTC) and posled on the MEA website. ts<2.7m C>2.7m A Amend description as shown. When the MCEA was tirst created in the 1980s,40 year old structures weÍe structures that predated Vy'WII. Construction techniques and material of that time were ofìen unique and many ofthe structutes are historically significant. During the I 950s and I 960s, many new structures were constructed in Ontario and most ofthese structures followed standard lemplates. Even though they are now more than 40 years old, they are not historically significant. Structures that satisff the screening criteria have been predetermined to not be historically signifìcant and are therefo¡e Schedule A projects. The 40 year old threshold is an indicator ofpotential when conducting a preliminary survey for identification ofcultural heritage resources. While the presence ofa built feature that is 40 or more years old does not automatically signiff cultural beritage value, it does make it more likely that the property could have cultural heritage value or interest. If the property meets the criteria in Ontario Regulation 9/06, it is a cultural heritase rssource. 1l +Streetscaping (e.g. decorative lighting, sidewalk improvements, benches, landscaping not part of A+4.7m B>2.7m A+Streetscape projects are more of local interest rather than provincial interest. Impacted stakeholders should be notified but the final nroiect details should be decided locallv. 12*a) Construction of localized operational improvements at specific locations b) Installation of suide rails A+4.7m B>2.7m A+Intersection improvement projects are of local rather than provincial interest. Impacted stakeholders should be notified but the final nroiect details should be decided locallv. l6 Establishment ofa roadside park or picnic area.B A+Municipalities commonly establish parks for the community. Roadside parks or picnic areas should follow the same local "--¡n-¡l ¡rn¡acq t8 Construction of a new culvert or increase in culvert size due to change in the drainage area. B A+The technical requirements for the new increased sized culvert are confìrmed through the Certificate ofApproval process. The actual construction of the culverts are of local rather than provincial interest. Impacted stakeholders should be notified but the final oroiect details should be decided locally. 37*Expansions, improvements and modifications to existing patrol yard and maintenance facilities where land acquisition is required provÍded projec! conlorms lo Plann¡ng Acl requiremenls and with municìoal and olher reauirements, B<2.7m C>2.7m A Amend description as shown. Municipalities routinely process and approve applications for commercial/industrial projects with sitnilar impacts. 38+tstablrsh new patfol yards or marntenance facilities provided project conforms to planning Act reqairements and ]e¡lh municìpol and other reou¡remenls. - u <¿, tfn C>2.7m A Amend description as shown. Municipalities routinely process and approve applications for commerciaVindustrial projects with similar impacts. 42 Any Project which is subject to this Class EA and has fulfìlled the requirements outlined in Section 4.2.9 of this Class EA and for which the relevant Planning Act documents have been qññrôvêã nr }rawc nnma i¡tn affa¡t ,rn¡ler tha This activity listing has been replaced with tbe following text to be included in the preface to the tables/listings. Proponents are encouraged to review sectíon A.2.9for oqDortunilies lo ínleprate Class EA proiects with the Planninp Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 27 of 223 Planning Act.Act. rWastewater 2 Establish a new stormwater retention/detention pond and appurtenances or infiltration systems including outfall to receiving water body where ødditional oronertv Ís reouired. B B Text added for clarification. 3 Enlarge stormwater retentior/deteDtion pondVtanks or sanitary or combined sewage detention tanks by addition or replacement, where addì!ìonal nronerlu ìs rcouired. B B Text added for clarification. 7 Retire a facility which would have been subject to either Schedule B or C of the MCEA for its establishment. B A+Retiring a facility removes the impact of that facility. The community should be notified of retirement so they can be involved in a local decision regarding plans for any cleanup and the future use of the site. 9 Installation or replacement otstandby power equiprnent where new equipment is located in ¡ na-r hr¡il¡lino nr chr.hrrê B This work is now subject to a regulation - Ontario Regulation ll6/01, ll Establish new or replace or expand existing stormwater detentior/retention ponds or tanks and appurtenances including outfall to receiving water body provided all such facilities are in either an existing utility corridor or an existing road allowance where no addìtional ørooerlv Ís reouired, A Utility Corridors are not always linear and this means that expansion of a stormwater management facility is a Schedule A activity provided no additional property is required. Text added for clarification. 12 Expansion, improvement or modification to existing patrol yard equipment or material storage facilities and maintenance facilities where land acquisition is reqrired provìded ptoject confoms to Plonning Act requirements ønd n)¡rh munic¡pal and other tonttÍtomont< B Amend descr¡ption as shown. Municipalities routinely process and apptove applications for commerciaVindustrial projects with similar impacts. l4 New service faciliries provìded project conlorms to Plønning Act requírements dn.l utìth mttnÍoînnI nn¡l ¡th¿t tonuîøøoate B A Amend description as shown. Municipalities routinely process and approve applications for commerciaUindustrial projects t,irh cimila¡ im¡¡¡ro 18 Any Project which is subject to this Class EA and has fulfilled the tequirements outlined in Section 4.2.9 of this Class EA and for which the relevant Planning Act documents have been approved or have come into effect under thc Þlqnnino Â¡f This activity listing has been replaced witb the following text to be included in the preface to the tables/listings. Proponenls qre encouraged lo review section A.2.gfor oppoilunities lo íntegrale Class EA projects with the Planning Wster 4 Retire a water täcility which would have been subject to either Schedule B or C ofthe MCEA for its establishment. B A+Retiring a facility removes the irnpact of that facility. The community should be notified ofretirement so they can be involved in a local decision regarding plans for any cleanup on¿l the ff¡n,¡e rrsa nfthe citc 6 Installation or replacement ofstandby power equipment where new equipment is located in a new building or structure. B This work is now subject to a regulation - Ontario Regulation I lól01. '7 Expansion, improvement or moditication to existing patrol yard equipment or material storage facilities and maintenance facilities where land acquisition is rquired provided project confoms to Plonn¡ng Act requircments and w¡th mun¡c¡pal and othet reouìrements, B Amend description as shown. Municipalities routinely process and approve applications for commerciaVindustrial projects with similar impacts. 9 New service facil iTies provìded project conforms to Plønning Act requirernenls and B A Amend description as shown. Municipalities routinely process and approve applications for commerciaVindustrial projects ll Any Project which is subject to this Class EA and has fulfilled the requirements outlined in Section ,{.2.9 of this Class EA and for which the relevant Planning Act documents have been approved or have come into effect under the Plannins Act. This activity listing has been replaced with the following text to be included in the preface to the tables/listings. Proponenls are encouraged 1o revìew section A.2.9for opporlunit¡es to integrate Class EA proiects veilh the Planning Aat. Translt 4 Construction of localized operational improvements at specific locations (i.e. stopping lanes, access lanes, turning lanes, queuejump lanes, and roadway access ramps A+A+Lotersection improvement projects are oflocal rather than provincial interest. Impacted stakeholders should be notified but the final project details should be decided locally. Adverse effects are unlikely for localized improvements 5 Constmction of localized operational improvements at specific locations (i.e. stoonins lanes. access lanes. tumine lanes. B A+'lb be deleted an d Intersection improvement projects are of local rather than provincial interest. Impacted stakebolders should be notified but the final oroiect details should be decided locallv. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 28 of 223 queuejump lanes, and foadway access ramps etc) with the potential for some adverse The technical requirements for the new increased sized culvert are confirmed througb the Certifìcate ofApproval process. The actual construction of the culverts are of local rather than interest. Impacted stakeholders should be notifìed ¡l oroiect details should be decided locallv. culvef size due to change in the drainage area. This activity listing has been replaced with the following text to be included in the preface to the tables/listings. Proponenß are e,rcouraged to review sectiotl 4.2,9þr to ìntegrate Class EA projects wilh the Plannìng is subject to this Class EA and has fulfilled the requirements outlined in Section 4.2.9 of this Class EA and for which the relevant Planning Act documents have been approved or have come into effect under the Plannins Act. NOTE * Please take notice that, as of March 12,2010, the MOE has approved a Minor Arnendment to update the MCEA and replace the $2.2 million maximum allowable project cost limit with the increased figure of $2.7 million, aod the $8.7 million limit for project cost limit with the figure $ 10.7 million. This change has been in effect since March I 0, 2010. To accountfor changes in constructiott costs, the identfred cost !¡mits will be adjnsted on an annual basis in accordatrce with lhe Ministry of Transporrailon's lender price index. The ME,4 Monitoring Commiltee will calculale lhe new cos! thresholds on an annual basis and wìll notify interested persons ofthe new cost thresholds, Cost thresholds will be h efectfrom January I lo December 3l ofeach year. The cosl thresltold itt place at the time a project is ittitiated shall be the cost threshold used to delem¡ne the applìcable process to be followed lhroughout the completion ofthe Class EA proeess, Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 29 of 223 A.2.9 INTEGRATION WITH THE PLANNING ACT There may be circumstances where a proponent (including private developers) may have a Planning Act application and Class EA requirements at the same time. For example, an application for a plan of subdivision may trigger the need for a new collector road. When this occurs, it may be desirable to consider the Planning Act and Class EA processes together in an integrated approach in order to avoid duplication and ensure improved environmental protection. This Class EA recognizes the desirability of coordinating or integrating the planning processes and approvals under the EA Act and the Planning Act, as long as the intent and requirements of both acts are met. The types of Planning Act applications/documents that may proceed using the integration approach include: an official plan, official plan amendment including secondary plans adopted as an official plan amendment, community improvement plan, plan of subdivision and a plan of condominium. Applications may be initiated by the municipality or by a private sector developer or both as co-proponents. By completing the requirements for environmental assessment and land use planning processes at the same time, proponents can streamline their efforts and more effectively meet the requirements of both the Planning Act and EA Act. Accordingly, for a project(s) that is subject to this Class EA and which: Ð is one of the types of Planning Act instruments identified in section A.,2.9 of this Class EA and which has taken effect under the Planning Äct; 4¡! ii) the proponent has fulfilted the requirements of this Class EA as outlined in this section; then the proponent may proceed to implement the project. It is the responsibility of the proponent to ensure that they have fulfilled all of the Planning Act and EA Act requirements for their project as well as obtaining any other necessary approvals or permits. The option of using this integrated approach provides the proponent with increased flexibility to streamline the Planning Act approvals and Class EA processes. It is the responsibility of the proponent following the integrated approach to accurately reflect the requirements of the Class EA process, including the consultation, notification and documentation requirements of this Class EA, in the Planning Act application. The following sections outline the requirements for the integration process and provide guidance to proponents on its use and applicability. ^.2.9.1. Integrated Approach Overview The integrated approach provides proponents with the opportunity to reduce duplication by simultaneously complying with the Planning Act and Class EA processes, including public/stakeholder notification and consultation requirements, technical reports and analyses, and Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 30 of 223 land use planning and environmental protection decisions. As noted in condition ii) above, the requirements of this Class EA process still need to be met. Isidebar] If a proponent is considering whether to use the integrated approach to satisfy their requirements under the Planning Act and this Class EA, proponents are encourqged to notify MOE's Regional Office (Air Pesticides and Environmental Planning Supervisor) and the Director, EAAB and the applicable MMAH Municipal Semices Office of their intention. Early notification is encouraged, but is not mandatory. The integrated approach still involves the completion of the procedural requirements of this Class EA based on whether the project is classified as a Schedule B or Schedule C project. If the project is defined as a Schedule B project, the proponent must complete Phases I and 2 of this Class EA. If the project is categorized as a Schedule C project, the proponent is required to complete Phases 1 through 4 of this Class EA. All Class EA planning principles and mandatory consultation requirements still apply. Work completed by the proponent for each of the applicable Phases of this Class EA are to be documented in a publicly available document to accompany the Planning Act application. Documentation must be prepared in accordance with section A.2.9.4 of this Class EA and must demonstrate how the proponent has satisfied the requirements for each of the Phases required to be completed under this Class EA in completing their Planning Act application(s) (referred to in this section ) and their respective requirements. Under the Planning Act, decision(s) may be appealed to the Ontario Municipal Board (OMB). The OMB is the administrative body to which appeals of the land use planning decision, including the supporting infrastructure can be made. If a project has been appealed to the OMB, the requirements of the integrated approach have not been met until the OMB renders a decision allowing the project to proceed. As outlined in section 2.8.1 of this Class EA, a Part II Order (PIIO) request may also be made to the Minister of the Environment or delegate. However, the purpose of the integration provisions is to coordinate requirements under the Planning Act with this Class EA. When reviewing a PIIO request, the Minister of the Environment or delegate will consider the purpose and intent of the integration provisions. A.2.9,2 Who Can Use the Integrated Approach The proponent of a project using the integrated approach is the same as the applicant under the Planning Act, whether the proponent is a municipality, a private sector developer or both. Two or more municipalities and/or private sector developers may act as co-proponents. Private Sector Proponent Ontario Regulation 345193, made under the EA Act, designates private sector developers as subject to the requirements of the EA Act if a private sector developer is proposing an undertaking of a type listed in Schedule C and the undertaking involves the provision of roads, water or wastewater facilities for the residents of a municipality. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 31 of 223 Municipalities should not avoid their EA Act requirements through the use of conditions on a Planning Act approval where the appropriate proponent for the work is the municipality. Co-proponency Two or more parties may have responsibilities under the Class EA process for the same project (either diffe¡ent municipalities or private sector developers or a combination of two or more). Where two or more proponents undertake a project for their mutual benefit, as co-proponents, all terms and conditions of this Class EA shall apply equally to each of the co-proponents. In a co- proponency that involves a private sector developer and a municipality, Class EA requirements shall be those of the municipality, in cases where components of a single project fall within more than one schedule, the more rigorous schedule shall apply. Proponents may also change during the planning and implementation of a project. Initial Class EA Phases may be completed by one proponent and following Phases may be completed by another. For example, a municipality may use a Master Plan to complete Phases I and2 of this Class EA process, while a private sector proponent, building upon the work completed by the municipality, completes Phases 3 and 4 of this Class EA process through the standard Class EA process or through the use of the integrated approach. If a proponent is relying on work completed by another proponent to fulfill their requirements under this Class EA, the proponent needs to ensure that the work that is being relied upon meets the requirements of section A.2.9.2 and that they are able to make use of the work completed by the other proponent. There may be restrictions on the use of previous work by others (e.g., reliance or copy right). L.2,9.3 Steps in the Integrated Approach The following section provides a step-by-step guide of the Class EA requirements for proponents planning a project using the integrated approach. 1) Identi$ the problem or opportunity 2) (a) Identifu alternative solutions to the problem or opportunity (b) Carry out an inventory of the environment, including the natural, social, cultural and economic environment (c) Identiff the potential impacts of the alternative solutions on the environment and any measures needed to mitigate those impacts (d) Carry out a comparative evaluation of the alternative solutions and identiff a preli m in ary preferred solution (e) Mandatory Point of Consultation - notifu and consult with review agencies and the public as described in section 4.3 of this Class EA Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 32 of 223 (Ð (e) Detenrrine the preferred altemative solution (project) based on the results of the comparative evaluation and feedback received from review agencies and the public Key Decision Point - At this point in the process, the proponent must confirm the applicable Class EA Schedule for the preferred solution (project): . If the Project would have been defined as a Schedule B project under this Class EA, then the proponent must: o document the study process and description of the physical location and dimensions of the project in a public document. Documentation must be consistent with the requirements in section A.2.9.4 (Documentation) of this Class EA; o issue mandatory notification (e.g. a Notice of Completion) to review agencies and the public about the availability of the study documentation for public review as well as the appeal rights under the Planning Act; and o proceed to Phase 5 of this Class EA below. o If the Project would have been defined as a Schedule C project under this Class EA, then the proponent must: o Proceed with Phases 3,4 and 5 of this Class EA below. Identifr alternative design concepts for the preferred solution (project). Undertake a detailed inventory of the environment, including the natural, social, cultural and economic environments. Identiff the potential impact of the alternative project designs on the environment and any measures needed to mitigate those impacts. Carry out a comparative evaluation of the altemative project designs and identifu a recommended project design. Mandatory Point of Consultation - notiff and consult review agencies and the public as described in sections 4.3,4.3,5.3,,A..3.6 and A.3.7 of this Class EA. Determine the preferred design for the project. Document the integrated approach, including the problem or opportunity, alternative solutions, alternative project design concepts, preferred project designs, preferred design of the project, consultation and decision-making process (a)3) (c) (d) (e) (Ð 4) (a) Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 33 of 223 using section 4.4 as a guide. Documentation must include a description of the proposed project including the physical location and physical dimensions of the project. (b) Mandatory Point of Consultation (e.9. Issue Notice of Completion) - notiff review agencies and the public about the availability of the study documentation for public review and their rights of appeal. Documentation and supporting technical reports must be provided to review agencies as required. Section A.2.9.4 provides further inforrnation regarding documenting the integration process. 5) Once all necessary Planning Act approval(s) have been obtained and the integrated planning process as described in section A.2.9.3 is complete, the proponent may proceed to implement the project. It is the responsibility of the proponent to ensure that they have fulfrlled all of the Planning Act and EA Act requirements for their project and obtained any other necessary approvals or permits prior to implementing the project. A.2.9.4 Documentatíon The Class EA documentation supporting a Planning Act application must be made available to the public and shall include: . a statement of the pulpose, problem or opportunity o details of the planning process followed o details of the consultation carried out o existingenvironmentalconditionso alternative solutions and evaluation of its potential environmental effects o the preferred solution and its effects on the environment o the mitigation measures to be implemented o cornmitments made during the planning process (see section 4.4 as a guide) Documentation and supporting technical reports must be provided to review agencies for their review and comment as required. Where studies are necessary to support the decisions made, the feasibility of the preferred altemative, and the conclusions drawn about environmental impacts and mitigation measures, these technical studies must be provided to the review agencies at an earþ stage in the integrated planning process. Examples include hydrogeological studies for communal groundwater supply or a noise study for a new or widened roadway. It is further recommended that proponents consult with review agencies early in the process to determine any requirements and/or site specific information that should be provided in the relevant studies. 4.2.9.5. P roj ect Notíficøtíon Under the integrated approach, mandatory points of contact and minimum notification requirements remain the same as outlined in sections A.3.4,4.3.5.3, 4.3.6 and 4.3.7 of this Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 34 of 223 Class EA. Consultation including, notifîcation requirements, is the responsibility of the proponent. Under the Planning Act, municipalities are required to issue Notices of Public Meetings andNotices of Decision. Concurrent tasks such as public meetings may occur and combined notices could be issued under this Class EA and the Planning Act. \Mhile the content of combined notices will vary according to the type of Planning Act application and the applicable Schedule of this Class EA, these combined notices must, at a minimum, include the following: . a clear statement that an integrated approach is being used; o a clear statement that an appeal of the Planning Act application and related infrastructure is to be made to the OMB and that a Part II Order request may be made to the Minister of the Environment or delegate; o infonnation about the municipal infrastructure to which this Class EA applies and the type(s) of Planning Act approval being sought; and, . required information that shows that all applicable legislative and regulatory notice requirements under the Planning Act and this Class EA have been met. In using the integrated approach, information contained in the notices may differ, based on the specific notice requirements for the type of Planning Act process being carried out and the Schedule of the Class EA project. These differences may relate to factors such as: timing; distribution; content; fonnat; and author. There are differences related to factors such as: ti-ing; distribution; content; format; and author. Appendix 8 highlights some of the key considerations that need to be taken into account when preparing combined notices, For example, public review periods differ for Planning Act and Class EA processes. In the case of a Class EA, a Notice of Completion must be given and documentation made available for a 30-day public review period. In the case of an official plan amendment under the Planning Act, a copy of the application and related information and material be available for public inspection at least 20 days before holding a public meeting. When combining notices to meet the requirements under this Class EA and the Planning Act, the proponent must ensure that both requirements are met. For projects being planned using the integrated approach, once the Planning Act application comes into effect under the Planning Act and the planning for the project has met the requirements of section A.2.9 of this Class EA, the proponent is not required to provide any further notice of the project under the Class EA. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 35 of 223 Table for Appendix 8 Note: This chart highlights existing key notice and consultation information - users are responsible for all statutory and regulatory requirements. MUNICIPAL CLASS EA PLANNING ACT Mandatory NoticelCon:;ultation Requirements Mandatory public consultation is required at key decision points during the EA process The method of consultation discretionary (e.9., Open House, Public Meeting) A published notice shall mean a notice published in a local newspaper having general circulation in the area of the project. Two (2) published notices shall mean two (2) notices appearing in separate issue of the same newspaper. Minimum of one statutory public meeting ls required. Refer to the . Planning Act (see sections 17,22,28 or 51 for relevant instrument type), and . 0.Reg. 543/06 (offìcial plan/plan amendments and community improvement plans), or . O.Reg. 544/06 (plan of subdivision/condominium) Officlal plan/plan amendments, community improvement plans Earliest day to hold a public meeting - 20 days after the requirements for giving notice are met Plan of Subdlvision/Condominlum Latest time to hold a public meeting - 14 daya before decision is made Distribution of Notices Mandatory notifìcation to the general public by: . newspaper (2 publications), and . those who have expressed interest by direct mail For First Nations: Contact the Ministry of the Environment, the Ministry of Aboriginal Affairs and the Department of lndian and Northem Affairs Canada for direction on how to identify First Nations that may have an interest in the proposed project, Notice requirements are dependent upon type of planning instrument. Planning Act requirements for official plans/plan amendments, community improvement plans (0.Reg. 543/06)and plans of subdivision/condominium (0,Reg. 544/06) include: . forms of notice - (l) personal service or ordinary mail and by posting notice on a property or (2) by publishing a notice in a newspaper) . recipients ofthe notice to prescribed persons and public bodies, including First Nations and geographic areas for the distribution of notices Notice to the relevant regional Municipal Services Office of the Ministry of MunicipalAffairs and Housing Content of Notlce of Publíc Meeting / Notíce of Completion Schedule B and C Projects . Name and address of the municipal proponent . Brief description of the project which outlines the nature of the problem or opportunity and the need for a solution . Reference to the project following the requirements of the MunicipalClass EA . Details of when and where information, (e.9. ESR) is Notice content for officlal plans/plan amendments and community improvement plans are set out in the Planning Act and O,Reg. 543/06 for: o notices that exclude notices posted on a property (personal service, ordinary mail and newspaper) o notices that are posted on a property Notice content for olans of subdivislon/condominiums Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 36 of 223 available to the public . name or title of a contact person to whom comment should be directed . date by which commenUinput is to be received by the proponent. *if using the integrated approach an appeal of the Planning Act application and related infrastructure can be made to the OMB. A request for a Part ll Order may also be made to the Minister of the Environment or delegate. (Planning Act and 0.Reg. 544/06), including details relating to: . notices that exclude notices posted on a property (personal service, ordinary mail and newspaper) . notices that are posted on a property Availabilíty of Documentation for Public Review (using an integrated approach, public review requirements must be met for both planning and class EA matters) Minimum 30-day pubic revlew of Class EA documentation Officlal plans/plan amendments and communi$ improvement plans a minimum 20-day public review of related information and material prior to a public meeting ln the case of a privately-initiated official plan amendment, supporting informatlon and mateilals must be made avallable to the publlc within 15 dayr of application being dete¡mined to be compfete. PIans of subdivlslon/condomlnlums Within l5 days of advislng an applicant that ita application is determined complete, notice of a complete application is given and the supporting information and materials must be made available to the public. ln giving notice of a public meeting a municipality must advise where and when additional information and material regarding the proposed plan of subdivision will be available to the public. Notice of Completìon / Notlce of Adoptlon / Notice of Approval lndividual Recipients: . Appropriate review agencies Those who provide a written request for notice MUNICIPALITY EXEMPT FROM APPROVAL Official plans/plan amendments and communlty improvement plans - Written notice of adoption must be provided no later than 15 days after the day a plan adopted. Notice requirements are contained in the Planning Act and 0.R. 543/06 for the ¡ content of the notice, including who may appeal to the OMB, who may be added as a party to the hearing of the appeal and the last day for the filing of a notice of appeal . recipients of the notice MUNICIPALITY NOT EXEMPT FROM APPROVAL Off icial plans/plan amendmentg (excluding community improvement plans) - Written notice of adoption must be provided no laterthan '15 days afterthe day a plan adopted. Notice requirements are contained in the Planning Act and O,Reg, 543/06 forthe . content ofthe notice Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 37 of 223 . recipients of the notice Materials are then forwarded to the approval authority who gives wriften notice of its decision. Notice requirements are contained the Planning Act and 0.Reg. 543/06 . content of the notice, including who may appeal to the OMB and wtro may be added as a party to the hearing of the appeal . recipients of the notice Plans of subdivlgion/condominlum: when the approval authority makes a decision, written notice of the decision must be provided with 15 days, Notice requirements are contained in the Planning Act and O.Reg. 544/06 for the o content of the notice, including who may appeal to the OMB and who may be added as a party to the hearing of the appeal recipients of the notice . recipients ofthe notice Appeal to the OMB / Part ll Order Members of the public, interest groups and review agencies may request the Minister of the Environment or delegate to require a proponent to comply with Part ll of the EA Act (which addresses individual EAs), before proceeding with a proposed undertaking. Written requests for a Part ll Order must be submitted to the Minister of the Environment or delegate within the 30 calendar day review period after the Notice of Completion is issued. MUNICIPALITIES EXEMPT FROM APPROVAL Official plans/plan amendmenta and community improvement plana: not later than 20 days after the day that the giving of notice is completed, all or part of the decision of council to adopt all or part of the plan may be appealed to the OMB by filing a notice of appeal with the clerk of the municipality MUNICIPALITIES NOT EXEMPT FROM APPROVAL: Officlal plans/plan amendment¡ (excluding community improvement plans): not later than 20 days after the day that the giving of the notice of decision is completed, all or part of the decision of the approval authority may be appealed to the OMB by filing a notice of appeal with the approval authority ** Plans of Subdivlsion/Gondominium: not later than 20 days after the day that the giving of notice is completed, the decision, the lapsing provision or any of the conditions may be appealed to the OMB, by filing a notice of appeal with the approval authority " **Where a municipality does not make the decision (i.e., not exempt from approval), it must forward its documentation to the approval authority - the upper tier or the province. Upon the giving of a notice of decision by the approval authority, the 20-day appeal period starts. A.2,9.6 Considerations When Using the Integrated Approach A. 2, 9. 6. 1 Proj ect B oundøríes Projects being planned using the integrated approach can include inf¡astructure that is located on lands beyond the boundaries of the lands that are the subject of the specific Planning Act application provided that the need for the infrastructure is triggered by the project being planned. Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 38 of 223 Any infrastructure extending beyond the Planning Act application boundaries must be directly related to and required by the application(s). For example, a Planning Act application for a plan of subdivision may have a requirement to service the subdivision through a connection to an ofÊsite water tower or stonnwater management facility. Another example would be if an extension to a collector road is needed for a short distance beyond the area involved in the Planning Act application to connect the subdivision to the existing road network. In this instance, infrastructure located beyond the boundaries of the planning act application would trigger Class EA requirements for the municipality. To ensure that municipal requirements under this Class EA are met, the municipality has at least three options: 1. participate as a co-proponent in the integrated project and incorporate the off-site infrastructure into that 5ame integrated project; 2. authorize the proponent of the integrated project to carry out the Class EA work for the ofÊsite infrastructure on their behalf (subject to their approval) either as part of the integrated project; and 3. carry out an independent Class EA for the off-site infrastructure. When a project extends beyond the Planning Act application boundaries the associated investigations and EA documentation also needs to extend beyond the Planning Act application boundaries. Existing conditions and envi¡onmental effect boundaries, for example would need to be expanded appropriately beyond the Planning Act application boundary. As noted in section A.2.9.2, municipalities should not avoid their EA requirements through the use of conditions on a Planning Act approval where the appropriate proponent for the work is the municipality. Off-site infrastructure should only be a requirement of a Planning Act application if the infrastructure is directly related to the project. Notice for a project being planned using the integrated approach must clearly identiff all inf¡astructure outside the boundaries of lands that are the subject of the specific Planning Act application and the boundaries of the area of land affected by both the prescribed notice and the proposed infrastructure itself. Recognizing that this may not be possible at the earliest stages of project plaruring when the need for specific infrastructure may not yet have been determined, the level of information included in the notices should increase as project planning decisions are made. The proponent must address all required Phases for the project under this Class EA, including any infrastructure located outside the boundaries of the lands that are the subject of the specific Planning Act application in the documentation required under section A.2.9,4. A.2.9.6.2 Revisíons to a Project Planned Usíng the Integrated Approach It may be necessary to revise a project that has been planned using the integrated approach due to environmental implications of changes to the project or due to a delay in implementation. 10 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 39 of 223 Changes to a project can be made following the addenda procedures outlined in this Class EA (refer to section A.4.l.l and 4.4.3). A.2.9.6.3 Lapse of Títne If a proponent planning a project using the integrated approach has fulfilled its requirements under the Planning Act and EA Act, the project will be subject to the review requirements associated with the Planning Act approval and not the time lapse provision set out in this Class EA. The Planning Act does not contain an automatic review of an approval or an automatic explry if a Planning Act approval is not implemented. A municipality may, however, include a time lapse provision in certain Planning Act approval(s) (e.g., a municipality may provide a deadline for the proponent to fulfill the conditions of a draft plan of subdivision) and/or seek reconsideration of matters through its regular planning reviews. Isidebar] As a matter of good practice and to ensure its currency, municipalities and private sector proponents should undertake a review of the documentqtion prepared in accordance with section A.2.9'4 if the infrastructure has not been constructed within ten years. The municipality may also apply conditions to planning approvals to require review of the documentation prepared in accordance with section A.2.9.4 if the infrastructure has not been constructed within ten years. A.2.9.6.4 Consíderøtions By considering environmental assessment and land use planning processes in a coordinated approach, proponents can streamline their efforts and more effectively meet the requirements of both the Planning Act and EA Act. However, a proponent is not required to follow an integrated approach if both acts apply. Considerations need to be made by the proponent(s) regarding the project schedule, timing of the Planning Act applications, completion of studies, public and stakeholder interest and implementation target dates, amongst other factors. It is also possible to terminate an integrated approach once the process has been initiated, if during the course of the project, considerations suggest that two separate processes may be more effective. Work undertaken prior to this decision does not need to be redone as it was undertaken with the intent of meeting both acts. However, future work must still meet the requirements of this Class EA and the Planning Act approvals process being used. If termination of an integrated approach occurs following the announcement or public notification of a project having been given, subsequent notices, or independent notices, shall be issued advising that an integrated approach is no longer being followed. A.2.9.7 Monitoring the Application of the Approach to Integrate with the Planning.A.ct After proponents have completed a project using the integrated approach, proponents should briefly summarize how a project has met the conditions in section A.2.9 (+/- 2 pages) and copy this to MOE, Director, EAAB including copies of the mandatory public and review agency 11 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 40 of 223 notices. Doing so will assist in monitoring the effectiveness and benefits of the integrated approach. The infonnation provided to MOE, Director, EAAB should include a description of: o the Planning Act application that was integrated with the Class EA process ¡ how the requirements of the Class EA process were fulfilled with respect to the appropriate Phase I through 4 requirements o consultation undertaken, including copies of notices o project documentation Representatives of the MOE, MEA and MMAH will meet on an annual basis to review the submissions received, any comments provided and to discuss the effectiveness of the integrated approach. 4.2.9.8 Phase in Process Changes to the integration provisions in the 2007 Class EA are intended to provide clarification about how the process works. The fundamental steps in planning a project using the integrated approach remain unaltered. If a proponent, based on the clarifications made to the integrated approach, intend to give notice of changing from a standard Class EA process to an integrated approach process, notification of the change in process shall be made to the public and stakeholders involved in the process including MOE and MMAH. Notice of a proponent's intent to change to the use of an integrated approach for a project may not be given if the Notices of Completion for the infrastructure project has been filed or a decision rendered on the Planning Act application. 72 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 41 of 223 Appendix 8 Note: The Planning Acf and regulations provide for notice requirements, depending on the application type. The following sample is intended only as a guide for municipalities providing a Notice of a Public Meeting for an Official Plan Amendment in the context of an integrated approach. lt is the responsibility of the municipality to fulfill the requirements of both the Planning Act and the Environmenfal Assessmenf Act. SAMPLE - NOTICE OF PUBLIC MEETING (other than a Notice given by posting) Notice of Public Meeting for a Proposed Official Plan Amendment Notìce of Completìon of Class Environmentøl Assessment A public meeting to receive input on the following application will be held on: File Name: File No.: Date: Time: Place: Elements of the infrastructure work identified above are proposed beyond the boundaries of this official plan amendment, but is needed to serve the project. The lands affected are shown on the attached map and the elements include: . flist of infrastructure workl A request has been made by [name] to amend the Offlcial Plan of [name of municipality] for lands known as [description]. The subject land has a frontage of flengthl on [street name] and has an area of approximately [size]. The Applicant (and name of the municipality if co-proponent) are also planning for certain infrastructure needed for the proposed development. This process is being conducted using the integrated approach in accordance with Section 4.2.9 of the Municipal Engineers Association's (MEA) Municipal Class Environmental Assessment (EA) for meeting the requirements of lhe Environmental Assessmenf Acf and for approval under the Planning AcL [Where infrastructure work is proposed outside of the Planning Act application boundaries, add:] Key Map Of Subject Land Map of All Infrastructure Work Proposed to Support the Project 13 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 42 of 223 The requested Official Plan Amendment would amend the Offlcial Plan of [name of municipality] in order to [insert official plan amendment details. including information related to the proposed ínfrastructure that is part of this integrated approachl. A copy of the proposed Official Plan Amendment and supporting information and material, along with documentation associated with this MEA Municipal Class EA project are available for inspection between [time] and [time] at the [municipal department] at [address(es)]. ANY PERSON may attend the public meeting to provide comments on the proposed Official Plan Amendment and the infrastructure project(s), including the MEA Class EA documentation, being undertaken in support of the amendment. Comments may also be mailed to the [name of municipality] at the address above, faxed to [fax numberl or e-mailed to [e-mail address] prior to the public meeting [quote file name and number]. lf you are aware of any other individuals or landowners who may be interested in this matter, please advise them of the public meeting. A copy of the staff report and the MEA Class EA documentation supporting the Planning Act application will be available from the [specify contact] on [specify date and time]. lf signifìcant concerns regarding the MEA Class EA aspects of this project cannot be resolved in discussion with the Applicant (and name of the municipality if co-proponent), section 2.8.1. of the MEA Class EA should be consulted. lF A PERSON or public body does not make oral submissions at the public meeting or make written submissions to [name of municipality] before the proposed Official Plan Amendment is adopted, the person or public body is not entitled to appeal the decision of the Council of [name of municipalityl to the Ontario Municipal Board. lF A PERSON or public body does not make oral submissions at the public meeting or make written submissions to [name of municipality] before the proposed Official Plan Amendment is adopted, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to add the person or public body as a party. lF YOU WISH to be notified of the adoption of the proposed Official Plan Amendment, or of the refusal of a request to amend the Official Plan, you must make a written request to [name and address of municipalityl. In cases where there are other applications, add:] The subject land is subject to an application under lhe Planning Ac/for a [type of application] which is being processed under file number xxxxx-xx. Contact lnformation: Name: Telephone: Fax: E-Mail: Municipal Address DATED this day of ,20xx. !4 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 43 of 223 Corporation of the Town of Carleton Place 1?5BridgeStreet,CarletonPlace,oNK?c2VBPhone:(613)257'6200Fax:(613)25?'81'70 July 6'h, 2011 The Honourable John Wilkinson Minister of the Environment 77 Wellesley Street West 11th Floor, Ferguson Block Toronto ON M7A2T5 Dear Sir: The Municipal EngineersAssociation (MEA) is pleased to presentamendments to the 2007 Municipal Class Environment Assessment document for municipal projects. ln 2006/07, MEA, supported by its Volunteer members, partners from the Transitcommunity and the Ministry of the Environment, developed a series of amendments to address comments from the five year review, to expand the scope and to improve the function of the Municípal Class EA. The MCEA is a living document and further amendments are now deemed appropriate, As part of the Provincial Government's Ontario's Business Sector Strategy, sector representatives identifíed a concern wíth MEA MunicipalClass EnvironmentalAssessment (MCEA) Process related to the duplication of work between the MCEA requirements and those under Planning Act processes. The MOE consulted with various municipalities and requested the¡r input on the existing integration provisions. Municipalities indicated that the integration provisions could be enhanced and clarified and suggested that recognítion of priorplanning assessment could be used in the MCEA process to streamline proponent's efforts and effectively meet requirements of both lhe Planning Acf and lhe Environmental Assessmenf Acf. ln addition, several changes to the MCEA and MEA's ongoing monitoríng has highlighted the need for revisions. As a resultof these concerns, the MEA togetherwÌth the Ministry of the Environment (MOE) proposed that changes to the MCEA. These changes were posted on the EBR Web site for ¡nformation purposes and were the subject of a 45 day puþlic comment period (Jan 11, 2011 to Feb 25, 2011). The MEA has reviewed and addressed the comments received during this period. The results of the consultation process and the 20'11 Amendments to the 2007 Municipal Class Environment Assessment are attached. MEA will continue to monitor the application of the Municipal Class EA process. We welcome comments from the users of the document, so that it can continue to maintain its releva nce and effectiveness. Yours truly Paul Knowles, P. Eng. Chair, MGEA Monitoring Committee Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 44 of 223 Page 1 of1 Brenda Gibbons From: Sent: lo: Subject: Attachments: Dea, Jeffrey (EN E) [Jeffrey. Dea@ontario.ca] Wednesday, August 24,2011 3:07 PM Dea, Jeffrey (ENE) FW: POSTED on EBR - Municipal Class Environmental Assessment Amendments Minister's email sent Aug 17-2010 _to ccs _ EAA&PA integration.htm From: MOE CCU (ENE) Sent: January 18, 2011 5:04 PM Cc: jvaccaro@bildgta.ca; pknowles@carletonplace.ca; sdupuis@bildgta.ca; Dea, Jeffrey (ENE); Trudelle, May Lyn (ENE); Cosco, Caroline (ENE) SubJect: POSTED on EBR - Municipal Class Environmental Assessment Amendments Further to the attached Minister of Environment's email sent August 2010, the Municipal Engineers Association (MEA) and the Ministry of the Environment (MOE) are working on changes to the MEA Class Environmental Assessment (EA) that are intended to clarify the use of existing provisions in the MEA Class EA that allow project proponents to integrate MEA Class EA requirements with requirements under Ihe Planning Acf. Other amendments to reclassify project schedule definitions and clarify/strengthen the usability of the MEA Class EA are also being considered. The MEA Class EA sets out a process for municipalities and private sector developers to plan municipal infrastructure projects. The MEA has submitted proposed amendments to its MEA Class EA to the MOE for its final review and approval, The MOE is seeking comments from the public, government agencies, and interested persons on MEA's submission through a posting on the Environmental Bill of Rights Environmental Registry for a 45-day period ending on February 25, 2011. The MOE will ensure that the comments and concerns received are considered before a decision on the proposed amendments is made. Below is the website link to Environmental Registry lnformation Posting #011-1391. Comments about the proposed amendments should be submitted directly to the contact identified in the EBR posting. noticeld=MTExMTE3&statusld=MTY2NzMx&language=en Regards, D. Jeffrey Dea Special Project Officer EA Project Coordination Section Environmental Assessment & Approvals Branch Ministry of the Environment 12A,2 St. Clair Avenue West Toronto ON M4V 115 T:416-314-7213 F:416-314-8452 e : jeffi e¡¿dee rôo rìlarie=ça 812912011 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 45 of 223 Page 1 ofl From: Minister, MOE (ENE) Sent: August 17,2010 4:03 PM Cc: ccu@mah.ontario.ca; jvaccaro@bildgfa.ca; pknowles@carletonplace.ca; sdupuis@bildgta.ca Subject: integration of planning & environmental requirements for infrastructure projects ENVl283MC-2010-2943 Dear Ms. Pat Vanini, Regional Planning Commissioners, and Municipal Clerks/CAOs: RE: Integration of Planning and Environmental Requirements for Infrastructure Projects Through Ontario's Business Sector Strategy, under the Open for Business initiative, the Ontario Government has committed to work with the Building Industry and Land Development Association (BILD), municipalities, practitioners and interested parties to implement a more effective process for infrastructure proj ects. We have set out commitments to integrate planning and environmental requirements for infrastructure projects. By establishing an open and collaborative relationship between goveÍrment and key business stakeholders, we will clarifr, enhance, facilitate and promote the use of the integration provision in the Municipal Engineers Association (MEA) Class Environmental Assessment (EA) and provide education and outreach support. My colleague, the Honourable Jim Bradley, Minister of Municipal Affairs and Housing, and I support the use of the existing integration process for the planning of infrastructure projects as an effective tool for businesses and municipalities while maintaining a high level of environmental protection. Under the MEA Class EA, proponents carrying out a municipal project are able to take advantage of an integration provision that allows the relevant assessment work conducted during planning processes to be considered during an environmental assessment. By combining environmental assessment and land use planning requirements into a single process, proponents can streamline their efforts and more effectively meet the requirements of both the Planning Act and Environmental Assessment Act. Further, the Ontario Government is enhancing this integration provision to update, clariff and provide a more effective tool for proponents to use when planning municipal projects. The enhanced, integrated process would recognize the inter-relationships among economic, environmental and social factors that are currently considered through existing planning processes. The Government of Ontario promotes the use of integrated land use planning and environmental assessment to develop strong communities, a clean healtþ environment and a strong economy. Sincerely, John Gerretsen Minister file:/iC:\Documents and Settings\brenda\Local Settings\Temporary Intemet Files\OLK43\... 8/2912011 Correspondence from Ministry of the Environment regarding "Notice of Approval of Amendments to the Municipal Engineers Page 46 of 223 I ('oGBayham Harbourfront Committee MINUTES Held at Municipal Office, 9344PlankRoad, Straffordville, Ont. July 19, 2011 7:00 pm Present: Brenda Martin-Chair, Ron Bradheld, Ron Flick, Ray Talbot,Barry Wade, Craig Gregson, Tom Southwick, Mark Taylor Regrets: Lynn Acre, Also Present: Kyle Kruger, Ed Bradfield, Glen Underwood, Earl Shea Call to Order: The Chairman called the meeting to order at 7:00 pm. Disclosure of Pecuniary Interest None Approval of the Minutes Dredging Update: G. Underwood reported that the RFP had been issued by the engineer with a close of July 8th, and that 5 or 6 tenders had been received. No award has been announced to date, but the range of tenders was from approximately $600,000 to $1.9 million. [n response to questions, K. Kruger noted that not all agency approvals are in place, but the engineer continues to be in contact with those agencies. Further to the Ojibwa project, it was noted that the agreement of purchase and sale with the Elgin Military Museum had been approved, and that IBI was continuing with works for the EMM for lot grading details and that planning reports for Bayham had just been received. R. Bradfield advised of contact from Dundee Energy seeking information on the Municipalities long term plans for harbour maintenance/dredging. It was suggested they need a plan in place to move forward with any participation. There was discussion of alternate plans for dredging this year pending completion for Ojibwa, and the need for works, likely prop washing, in spring of 2012. It was suggested that Dundee be advised of the current consideration for acquisition of a dredge and requested to indicate their commitment level. There was also discussion regarding the establishment of a Harbour Commission and the steps/legal processes required. It was suggested that members could discuss details of such with other area Commissions. It was agreed that the Chair would an.ange contacts with a couple area Commissions to try to obtain documents that provide their mandate/terms of reference. It was also agreed that G. Underwood would contact Dundee and provide a short l. 2. 3. 4. Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. Page 47 of 223 f,. 6. outline of the report prepared regarding dredging. Lastly, it was also agreed that the Committee would make a determination regarding2}l2 dredging at its September meeting. Grants Workgroup Update: No report. Other Business: Ojibwø Update: Already covered Beach Msíntenance.' Councillor Southwick outlined some issues regarding operations/maintenance at the beach, and sought input from the Committee. It was noted that the east beach is included in this Committee's mandate. He noted in particular issues with sea-doos in the swimming area, breakdowns at the washrooms, and garbage. Committee members made suggestions regarding maintaining a number of portables on site, and discussed ropes or signage/markers to indicate a swimming area. There was also discussion of OPP enforcement regarding sea-doos operating near the beach. Membership Matters It was noted that there are vacancies on the Committee and suggestions for appointments. K. Kruger is to confirm the number of available spots on the Committee under its current Terms of Reference. Adjournment & Next Meeting Date: adiourn. Motion Carried. Next Meeting Date: Tuesday August 16, 7:00 p.m. 7. 8. Chaþerson Secretary Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. Page 48 of 223 Co t> Bayham Harbourfront Committee MINUTES Held atMunicipal Office, 9344Plark Road, Shaffordville, Ont. August 16,20ll 7:00 pm Present: Brenda Martin-Chair, Ron Flick, Barry Wade, Lynn Acre- Secretary, Ron Bradfield, Ray Talbot Regrets: Mark Taylor, Tom Southwick, Ed Bradfield, Kyle Kruger, Craig Gregson Also Present: Glen Underwood, Earl Shea, Ian Raven-Elgin Military Museum 1. Call to Order: The Chairman called the meeting to order at 7:10 pm. 2. Disclosure of Pecuniary Interest None 3. Approval of the Minutes the July 19l l1 meeting be accepted as presented. Motion Carried. 4. Dredging: DREDGE UPDATE: Ian Raven reported that EMM will not be dredging this year since they must coordinate dredging with the sub's a¡rival to Pt.Burwell, which has been posþoned till20l2. Therefore the new plan is to begin dredging in July of 2012.It is lan's understanding that the approvals for dredgrng had all been obtained for this year. G. Underwood spoke to Dundee Energy who expressed their desire to return operations to Pt.Burwell once dredging had been done and steps to maintain harbour were intended. In regards to our regular maintenance dredging, it was moved by R.Talbot and $10.000 ofprop washing in spring 2012 and that K.Krugerproceed with necessary approvals for spring. Motion Carried. 5. Grants \üorkgroup Update: No report. 6. Other Business: Ojibwa Update: Ian Raven reported that the new plan is to transport the Ojibwa to Hamilton before the end of September and proceed with preparing the cradle site. The Ministry of National Defence is being encouraged by many to prepare a 'conditional release' of the sub so that CAF funding can be released. This posþonement of Ojibwa's arrival gives all involved parties more time to complete their respective t¿sks with less risk. A recent surge of media coverage has assisted their efforts since the Minister ofND has received copies of the articles. As well, the Ministry of Tourism has begun to take a keener interest in the project. Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. Page 49 of 223 7. -2- Other Business Continued: B eøch Maíntenønce : T abled pending councillor Southwick' s input. Port Authoríty Option' Earle Shea reported investigating the option for Pt. Burwell to appoint a Port Authorityunder Small Craft Harbours. Using the SCH website he learned the background then had a lengthy telephone conversation with Mark Sandeman, who is our senior a¡ea clients officer, with headquarters in Burlington. Mark suggested that K.Kruger has lots of knowledge based on his involvement in past dealing with SCH. However he did say that it was his opinion that Pt.Burwell would never qualify to establish a Port Authority since there are no public lands attached to our port, only the pier that is municþally owned. V/ithout public ownership of the harbour lands (owned by Dundee Energy and Jack Spence) there is no way to create commercial fishing revenue for the Port AuthoritS which is a major criteria. Busíness Planfor Harbour Mønagement Assocíation: Since it is now obvious that a port authority is not obtainable, a discussion ensued on what other options might be available. It was agreed that a sustainable business plan was needed to prove if and how the harbour could manage itself and finance itself without tax dollars. It was acknowledged that we have the benefit of an up-to-date EA report on the lands east of the creek and an engineers rqlort on the pier. A few members agreed to investigate what other small ports are doing and report back. Pìer Redevelopment: It was agreed that we need a master plan, complete with scheduled deadlines. This is a high priority for this committee and should not be abandoned. We currentlyhave only one design & quote for the Cabana structure. We need another before a decision can be made. Commíttee MembershÞ.'This committee's mandate allows for 2 more me,nrbers. It was moved by R.Bradfield and seconded by R.Talbot that Earle Shea and Glen Underwood be recommended to Bayham Council for appointment to the Harbourfront Committee. Motion Carried. Adjournment & Next Meeting Date: It was moved by Ron Bradfield and September 13. 2011 at 7:00 pm at the Municipal office. Motion Carried. Chairperson Secretary Bayham Harbourfront Committee minutes of meetings held July 19 and August 16, 2011. Page 50 of 223 MUSEUMS BAYHAM Minutes of Augustl0r20ll Meeting Bayham Municipal Office, Straffordville, Ontario Present: Chair-Bev Hickey, Vice Chair- Chuck Buchanan, Secretary- Lynn Acre, Ray Maddox, Brian Masschaele, Ron Bradfield Regrets: Jean Woon, Anna Schafer, Mat Schafer, Councillor Tom Southwick 1. CALL TO ORDER: Vice-Chairman called the meetingto order at 7:00 pm 2. DECLARATION OF PECUNIARY INTEREST: None 3. AGENDA: It was moved by R. Bradfield and seconded by B.Masschaele that the 4. MII\UTES: It was moved by L.Acre and seconded by C.Buchanan that the minutes of the July 13. 2011 meeting be approved as written. Motion Carried. 5. CORRESPONDENCE: Ð An email from former me,lnber C.Peters giving an update on her health status. ü) An email from Periscope Playhouse: requesting donation for car rally fundraiser. It was moved by R.Maddox and seconded by B.Masschaele that we donate a family admission to both our museums. Motion Carried. 6. REPORTS: A) Marine Museum Report: Summer Students have submitted a monthly re,port. Due to visitor trends, we will change our Sunday hours of operation to 10:00 am - 5:30 pm. B.Hickey volunteered to build a portable wheelchair ramp for the museum door. In regards to non-paying visitors using the washroom at the museum, it was decided to allow it for now as it is good for public relations. W'e have confirmed with the Village of Pt.Rowan that theymayhave a free tour of the Marine Museum & Lighthouse for 40-50 adults on Sept.l0, 2011 between l:30 - 4:00 pm during their Road Rally. Also the Aylmer Express has organized a bicycle Road Rally of 3 Lake Erie ports on Aug.20, 20ll and theyhave requested free tours of the museum & lighthouse. B.Hickey and C.Buchanan volunteered to assist with the tour. Ontario Hydro as part of an improvement progr¿rm has changed all of the lights in the museum. However, this has resulted in 8 repairs to the fixture ends ($500 + ) and the destruction of our former UV filtration systøn, which will now have to be restored at further cost to our budget. It was suggested that better communicationbetween the municþal staff and this commiffee could have prevented this damage and expense. Museums Bayham minutes of meeting held August 10, 2011. File: C06 Page 51 of 223 Museums Bayham August l0,20ll 2 Edison Museum Report: Summer students have submitted amonthly report. There continues to be concern over dirty windows in the second story. L.Millard has acquired one quote to replace 2 broken window blinds from Verne's Carpet. It was moved byR.Bradfield and seconded by Glass & Mirror and then choose the lowest price for the replacement blinds. Motion Carried. Barn Quilt Report: Bayham Council has authorizedtheuse of the Pt.Burwell Public Works building to work on our barn quilt block. C.Buchanan passed around a printed design for a nautical rose quilt block. It was moved by R.Maddox and seconded b)¡ C.Buchanan that instead of mountins the nautical rose ouilt on the side of the Marine Museum Motion Carried. The landowner, R.Bradfield approves of this location. New Edison Building Committee:No report. T.MATTERS OUT OF THE MINUTES: a) Health & Safety Issue at Lighthouse: Bayham's CBO has examined the lighthouse and is considering adding a safety gate atthe top of ladder. It was suggested to increase the size of our existing sign "Use at Your Own Risk" It was noted that there have been no reported falls inside the lighthouse since 1986. b) Certificate of Appreciation for C.Peters: Bayham Council has determined that they will recognze her efforts at the annual Volunteer Appreciation event in November. c) Edison Museum Brick \üork Repair: Mr. Dancy did a very good job at repairing bricks however he discovered that more work was needed than originally quoted on resulting in the final invoice being $500 more than anticipated. Mr. Dancy also noted that the north wall of the building is very weak and in jeopardy of caving in. His verbal quote to repair is $40,000. Chairman has requested that Bayham's CBO do inspection to comment on this diagnosis. d) Railway Museum artefacts: The students have photographe.d the metal lanterns and have electronically sent them to a museum near the Ridout Canal to determine if they have any marine significance. e) Oxford Rifles Shoulder patch storage: A clear acrylic case 18" X 15" X 12" high has been purchased and shoulder patches are now safely enclosed. C.Buchanan volunteered to build a base for the case during the winter season. Ð Lifeboat Repairs: No quotes available yet as Nathan Dawley very busy. B) D) E) Museums Bayham minutes of meeting held August 10, 2011. File: C06 Page 52 of 223 Museums Bayham August 10,2011 3 7. NEW BUSINESS: a) \ilind fnterpretive Centre: R.Maddox noted that the grounds and parking lot of the Wind Interpretive Centre are not being maintained and also that the inside of the building has a musty odour. Artefact I)onation from Linda Iloffmanz A 1945 Brantford newspaper article announcing the surrender of Japan plus a rusty Canadian army helmet have been oflered to our museums. Since neither of these items has any direct connection to Bayham, nor is it our mandate to collect military items, and since the donor does not want either artefact retumed, it was decided that the newspaper article be offered to the Brantford Military Museum and the helmet offered to Tillsonburg historian Parker James. Strategic Plan Discussion: It was acknowledged by members that a serious discussion needs to happen in the near future to discuss our relationship with the Elgin Military Museum and their Ojibwa project and how it relates to our future fundraising efforts and possible collections management. Should we repair our existing Edison Museum brickwork, or continue with a scaled-back version for a new building? Brochures : Should we be ordering brochures for 2012 season while budget allows? Website: It was moved by B.Masschaele and seconded b)¡ R.Bradfield that the old "docket version" of our Museums Ba)¡ham website be terminated immediately to avoid confusion with new website. Motion Carried. B.Masschaele volunteered see County IT about this decision. f) EON Meeting: B.Hickey & C.Buchanan will attend the Sept.l EON meeting in St. Mary's. 9. NEXT MEETING: Wednesday September l4,20ll at 7:00 pm Municipal office. 10. ADJOURNMENT: It was moved by R.Bradfield and seconded by L.Acre that the meeting be adjoumed at 9:20 pm. b) c) d) e) Cbairmaû Secretary Museums Bayham minutes of meeting held August 10, 2011. File: C06 Page 53 of 223 Page 54 of 223 5 Clo August l2,20II The Honourable Jim Bradley Minister of Community Safety and Correctional Services 18ü Floor 25 Grosvenor Street Toronto ON M7A 1Y6 Dear Honourable Jim Bradley: After receiving correspondence and a request from Glen Morrow, President of the Ontario Federation of Independent Towers the Council for the Town of Ingersoll passed the following resolution: Moved by Deputy Mayor Freeman; seconded by Councillor Van Kooten-Bossence C11-08-200 THAT the Council for the Town of Ingersoll approve the request from Ontario Federation of Independent Towers for a resolution in support of opposing a request for proposal that would transfer the authority of vehicle impoundments from the Ministry of Transportation to the OPP and the changes it proposes; AND FURTHER THAT the Council for the Town of Ingersoll forward a copy of the resolution to other municipalities seeking their support; AND FURTIIFR THAT the Council for the Town of Ingersoll forward a copy of the resolution to thc Ministry of Community Safety and Correctional Services. CARRIED The Town of Ingersoll supports the opposition of this request for proposal that would transfer the authority of vehicle impoundments fromthe Ministry of Transportationto the OPP inthe Form of RFP OPP-0460 and the changes it proposes. We ask that you consider our position throughout this process. Sincerel¡ AnnWright Deputy Clerlc{Executive Assistant c All Ontario Municipalities Glen Morow, President of Ontario Federation of Independent Towers Enclosure Copy of correspondence dated August 12, 2011 from Town of Ingersoll to Honourable Jim Bradley regarding "Transfer of Page 55 of 223 ONTÅNO FEDERATION AFXNù}EPET:¿DEiW TV TYERS tzFtFtnsrfr. T JOttNsTOWfaNNqEI,TA Ðste JULr2s 2-û11 Ðeat lvlølota¡ Reeve,mú Councì|, once again, provÍncial govÞmhent Policies and diiectives th¡eaten services in your municipality. (RFP) that ryould effeøively. form of RFP Opp"0460. This our.urunicipal represeaatives, aud r+,ithout r¡s, yor¡f locar tow serviceof fhe'opP, nst_fø the detivery of cfective i.rrrire on om¡oads, ltequatíon.by creating monopolrstic contror over the derivery oriropouod TowÞrs æe an esæntial 4û antl police, we are,süictry .EMS, Fire tE8ponse at our ov¿n €xpen emsrgencJ revenue that supports yom I t source o[ Iots s, many local s af reclaim ihcirbe mention the also impgrmnt þ note that ttre impouhd nçedingto rêclaim an impounded vehiere. fudher haùdslip a¡d' eryensè for those We would'urge-you t9 pass a resolution opp-osiF,ihfi nrp and the elr.inges it proposes u¡rtil such iimr tüat therc hæ'been adequateconsultation witl¡,the industy_r and you, ourãlectedmunicþl represent$ii¿s. -ry: -qfiq 9k t¡at you send this cipalities requesting their support, a¡d ihat all resolution be serit to tfieMinìster of Comnrqniy safety.ànd- tútthis ¿anäirous-p¡oposit¡ói ø¡r ue uatø Please do not.hesitate to eÃlitact me if you have any qræstions or conoems regarding my frm position on thìs ruatbr, and I tookfurWæd to youf tifùely Iesponsèì Sincerel¿ Glen lvf onow" p¡esident CarÌæan.ùatomotÍvg Towing &,&eqrypql RN ¡llnonteaN k;ùq|'qQ ¡ 613-25î-0569 ga@,lory\.ca Copy of correspondence dated August 12, 2011 from Town of Ingersoll to Honourable Jim Bradley regarding "Transfer of Page 56 of 223 3 CORPORATE SERVICES DEPARTMENT TELEPHONE 61 3-968-6481 FAX 613-967-3206 Ë:!VEËC AUG C to @ity ot TßeLLebiLLe August 10,2011 Lynda Millard, CMO Clerk Municipality of Bayham PO Box 160, 9344 Plank Road Straffordville, ON NOJ 1Y0 1 ô 2011 ML,Nl0lPALlTY tF $frYHAM Dear Lynda: RE: Escalating Ontario Provincial Police Service Costs Gouncit lnformation Matters 8.c.2.b) Belleville Citv Council Meetins. Ausust 8. 2011 Please be advised that at the Council Meeting of August 8,2011, Council passed a resolution to "receive" your correspondence. To "receive" means Council will take no further action regarding this matter and your correspondence will remain on file with the City Clerk's Department. I trust this is sufficient. C. Oram, CMO 6ctor of Corporate Services/City Clerk JCO/nh 169 FRONT STREET BELLEVILLE, ONTARIO K8N 2Y8 Correspondence dated August 10, 2011 from City of Belleville regarding "OPP Service Costs". Page 57 of 223 Page 58 of 223 5clu The Corporation of the Municipality of Brockton MUNICIPALOFFICE 100 scorT sT., Box 68 WALKERTON, ON NoG 2V0 August 22,2011 The Honourable Dalton McGuinty Premier of Ontario Legislative Buildlng Queen's Park Toronto ON M7A lA1 Dear Honourable McGulnty: Subject: OPP Wage Settlements and Contract Negotiations I am writing on behalf of the Munlclpality of Brockton as a follow-up to the August 15,2011 Council Meeting held at 100 Scott Street, Walkerton, Ontario. Please find enclosed Resolutlon#11.18-213 which requests the Province of Ontario and the Ontario Provincial Police to reconsider their recent contract agreement which resulted in sígnificant wage settlements and lnclude municipalities in contract negotiations. lf you require further or additional information, please do not hesitate to contact me at either the Municipal Office or at droth@brockton.ca for additional assistance. Thank you. Regards, Clerk, CMO, Municipality of Brockton Enclosure cc: OPP Commissioner, Chris Lewis Tlm Hudak, Leader, Progresslve Conservative Party of Ontario Andrea Horwarth, Leader, New Democratic Party of Ontario Pat Vanini, Executive Director, Associatlon of Municipalities Ontario (AMO) Bi ll Vrebosch, Chair, Rural Ontario fVlunicipal Associatlon Councillor Charlie Reidel, Chaírman, Brockton Police Board Lynda Millard, CMO, Clerk, Municipality of Bayham FAX: 519-881-2991TEL: 519-88t-2223 TOLL F'REE #: 1-877-885-8084 EMAIL: ln fo@brocktpn.ca WEBSITE: www.brockton.ca Copy of correspondence dated August 22, 2011 from Municipality of Brockton to Premier Dalton McGuinty regarding Page 59 of 223 Page 60 of 223 5 county of Lennox & Addington August 17,2077 (t o fuT [J ï\i I 0 I i],FiL giY ü Ë $¡lY['lAM Lynda Millard, Clerk Municipality of Bayham P.O. Box 160,9344 Plank Road Straffordville, Ontario NOJ 1YO Dear Mrs. Millard: Please be advised that the Council of the County of Lennox and Addington endorsed the following resolution at its regular monthly meeting held July 27,201I: That the July I 3, 201 I - resolution re; Ontario Provinciul Police Service Costs (Municipality of Bayham) be endorsed. CARRIED þigned) Warden HenrY Hogg I trust that County Council's support may be beneficial to your municipality's pursuit of this matter. Lany Keech Chief Administrative Of ficer/Clerk ADMI NISTRATIVE SERVICES g7 THOMAS ST. E., Napanee, ontario KZR 4Bg tel: 6 t 3.354.4883 fax: 6a3.354.31l2 www.lennox-addington.on.ca Correspondence dated August 17, 2011 from County of Lennox and Addington regarding "OPP Service Costs." Page 61 of 223 Page 62 of 223 5 THE CORPORATION OF THE Date if ¡ ì,i å:!¡ t- AUIJ 2 I ?011c/ ô MU N IOIPALITY ÛF 8Ê,i1HAi/I BE IT RESOLVED THAT the Council of the Corporation of the Municipal-ity ofNeebing hereby supports the Municipallty of Bayham and requests the provj-nce of Ontario and the oPP to reconsider their recent agreement, and includemunicipalities in contract negotiations,. AND FURTHER THAT if such reconsideration is not pursued or suchreconsideration fails to reach a settl-ement satisfactory to all- that theProvince and OPP utifize the next 24 months to make p]-ans to cut servicelevels, incJ-uding any necessary Ìayof f s, in order to of f set the rr,/age increase of over 142. CARRIED 7%Út'obrlr'' MUNICIPALITY OF NEEBING Resolution No. ."3 t- ôa ' âo i\ Moved by: Seconded by: Copy of resolution passed August 17, 2011 by Municipality of Neebing regarding "OPP Service Costs". Page 63 of 223 Page 64 of 223 Gounty of Peterborough Our History. Your Future. Administration Clerk's Unit Sally Saunders County Clerk County Court House 470 Water Street Peterborough, Ontario KgH 3M3 Ph: (705) 743-0380 ext. 301 or 1-800-710-9586 Fax: (705) 876-1730 ssaunders@ county. peterborough.on.ca rvrywcou nty.peterborou gh.on.ca ttÈt _ç August 9,2011 The Honourable Dalton McGuintY Premier of Ontario Room 281, Main Legislative Building Queen's Park Toronto, ON M7A 141 Commissioner Chris Lewis, Ontario Provincial Police (OPP) General Headquarters Lincoln M. Alexander Building 777 MemorialAvenue Orillia, ON L3V 7V3 MU N¡OIPALITY ûF ÊAYH,qI/Î Re: Request for Province and OPP to Reconsider their Recent Agreement Dear Premier McGuinty and Commissioner Lewis: \ At its meeting held the 3rd day of August, 2011, Peterborough County Council passed the following resolut¡on: "Be it resolved that County Council support the Municipality of Bayham's resolution dated July 7, 2011 by requesting the Province of Ontario and the OPP to reconsider their recent agreement, and include municipalities in contract negotiations; and further Be it resolved that if such reconsideration is not pursued or such reconsideration fails to reach a settlement satisfactory to all, that the Province and OPP utilize the nert24 months to make plans to cut service levels, including any necessary layoffs, in order to offset the wage increase of over 14o/o" ' Thank you for your consideration in this matter. ËCf;iVE AUG 1 s ?011 Ltc Gary King, CAO, County of Peterborough Lynda Mitlard, CMO, Municipality of Bayham Copy of correspondence dated August 9, 2011 sent to Premier Dalton McGuinty and Commissioner Chris Lewis from County of Page 65 of 223 Page 66 of 223 5 c,c From : Carol Trainor [ma ilto : stjoeadm in@bell net,ca] Sent: Thursday, August 25,2017 1:04 PM To: Sandra Maertens SubJect OPP Service Costs Good day: At its meeting of July 27,2071, the Council of The Township of St. Joseph endorsed the Resolution from the The Municipality of Bayham requesting the Government of Ontario and the OPP reconsider the recent unrealistic policing services contract. Please do not hesitate to contact the undersigned if you require any additional information. Thank you. Carol O. Trainor, A.M.C.T. Clerk Administrator The Township of St. Joseph 1669 Arthur Street, Box 187 Richards Landing, Ontario POR lJO Ph: 705-246-2625 Fax:'705-246-3142 Correspondence dated August 25, 2011 from Township of St. Joseph regarding "OPP Service Costs". Page 67 of 223 Page 68 of 223 5Aue.'18,201 1 3:04PM County of Elein No, 78i6 c /o P, 1/3 450 Sunset Drive St, Thomas, ON N5R 5V1 Municipality of Bayham Municlpallty of Cenlral Elgin Municípality of Dutlon/Dunwlch Munidpallty of Weet Elgin Township of Southwold Township of Mal¿hide ELGIN GROUÈPOLICE SERVIGES BOARD Chair Douglas G. Gunn Q.C. Tel. 519 631-1460 Ext, 161 Fax 519 633-7661 Res. 519 633-1292 August 18,2011 io; Ontario Municipalities Operating with Contract Police Services from the Ontario Provincial Police At the July 20, 2011 meeting, the Elgin Group Police Services. Board supported the attached resolut¡on, with the exoeption of the following paragraph: ?nd whereas the Provincial government continues to appoint their own specially selected "political" members to our local Police Seruices Boards yet has even faited to communicate with this Provincially legislated body on the aforementioned salary/wage increases or the contrac.t details which contain other cost implications." The Elgin Group Police Seruices respectfully disagrees with this clause of the resolution and supports the role of ProvincialAppointees on Polico Services Boards. Please aocept this modified resolution of supporl as the Elgin Group's offlcial posilion on this matter. Yours Truly. ,/*^Ytr't'/^""1 Susan McConnell Secretary 'Enclosed: Resolution from Noúolk County Police Services Board cc: Norfolk County Police Services Board Association of Municipalities in Ontario Rural Ontario Municipalities Association Ontario Small Urban Municipalities Ms. Andrea Horuath, Leader of the New Democratic PaÉy Association of Ontario Polìce Services Boards Chris Bentley, Attorney General Mr. Tim Hudac, Leader of the Opposition Correspondence dated August 18, 2011 from Elgin Group Police Services Board regarding "Police Services Contract". Page 69 of 223 Aue,1B, 2011 3:04PM County of Elein N0,7876 P, 2/3 tt. A) orfisn ausrlrus MavorTravale reoüested support of lhe following motlon regardlng o.É.p Co¡it¡actðd'Ssli4ces ahd rale hcrea$es' Ros, No' 26.Move4 MayotTlavale WI{ERÉES Nailblk Coudty has elnc€ lÍs lncepllon.ln 2000 .änurït.dlåjii:eJtrom de onta o Prçvlnrital Police (oPF) to servq artd protectthe communlty; AND WHEREAS Nofolk GoqnV Gouncll takes every.oppi;f;tfl"- anld mqkâs ävery effoit to ensuie lhal its tax levy ls at i posstblg level: AND WHERÊA9 lhe budgetary lmpaçt on ths NoÚolk QounU' È dramatíc aê a result of lhe l:i"Î'ii::?- ase legeted lot 2014i Pasa 16 ol 17 Correspondence dated August 18, 2011 from Elgin Group Police Services Board regarding "Police Services Contract". Page 70 of 223 4ue,.l8.2011 3:04PM County of Elein Counci l-ln-CóÉmlttoe Mlnutes Tüesday, June 7,2011 No, 7876 P, 3/3 d nof have ln lrñpllcalionc¡ fnciEas'es¡ BÉ IT FURTHËR RËSOLVED THAT NOTíOIII Ê9UNC¡I TESOIV9TO lnfoirñ the P.rovinölpl governmdnt Hral Éré appoln[m'ants to tho Ñärroit p'o¡lËe $enicc:e Board, byüre Pioüñce, ceape áñd bb sotely of a lþcel ñâl0iÊ by the loeäl munlolpÉl govomment; approvaland enaclfient, where posslbls. carrled. Paga 1ts of 17 Correspondence dated August 18, 2011 from Elgin Group Police Services Board regarding "Police Services Contract". Page 71 of 223 Page 72 of 223 5 CrJ Frcm: cheffer Imailto:cheffer@cogeco.ca] Sent: Monday, August 29,20LL 8:16 AM To: Lynda Millard Subject: Lyme disease petition and awareness Attn: Clerk; My name is Ch¡istine Heffer. I am a resident of Ontario. I am writing this letter to ask the council to endorse the Lyme disease petition set forth by Bob Bailey of Sarnia Lambton and to help raise awareness about Lyme disease in the Province of Ontario. I am unable to come in person to the council to present a formal delegation but I would like to have this issue brought to the council's attention. Lyme disease is the fastest growing infectious disease inNorth America with an estimated 400000 people contracting the disease this year alone. Lyme disease is spreading at arate of 7X that of AIDS. Here in Ontario the Chief Medical Office¡ sent a letter in 2010 to all the physicians stating that Lyme disease cases and the black legged tick that carries the bacteria were increasing in Ontario especially southem Ontario. A recent study reported that migrating birds are transmitting ticks by the millions into Canada resulting in the ability to contract Lyme disease anywhere in this country. The public is generally unaware of Lyme disease and the affect it can have on the body . Late stage Lyme disease is similar to having AIDS. The Lyme bacteria suppress your immune system just like HIV. I take 54 pills a day to try and fight this infection possibly for the rest of my life. This is a public health threat yet the provincial govemment is doing little to warn the public about a deadly bacterial infection that can be contracted in their own bacþard. In fact the government is down playing the risk. Citizens of Ontario are becoming incapacitated by a tick bite due to the lack of public education. I was misdiagnosed for four years and underwent many tests, procedures and even a major surgery do to the faulty Lyme disease testing and general lack of know about this disease in the medical community and the provincial government's belief that Lyme disease is rare in Ontario. I was tested three times for Lyme disease and was told I didn't have the disease. I finally figured out what was wrong myself and went to my family physician who knew nothing about this disease. I have seen many specialists and the lack of knowledge about this disease has been astounding. I am only one of thousands of Canadians who have contracted Lyme disease in this county and we all have experienced the same ignorance by the medical community about this disease. As I stated before the testing is poor. Here in Ontario we use a2 tiercdtesting system. The lst tier is the ELISA test. This test has been shown in numerous scientific studies to be inaccurate over 50%o of the time yet people are being told they do not have Lyme disease based on this test. Lyme disease is supposed to be a clinical diagnosis yet our physicians are not educated in the clinical presentation of this disease or the other tick bome illnesses that one can cont¡act from a tick bite. Very little is taught in medical school about tick borne diseases. Since the medical community lacks education on Lyme disease, treatment options are not available in this province. Presently if a person contracts Lyme disease he will probably be misdiagnosed since the physicians are not familiar with the disease. If you miss the acute form of Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 73 of 223 the disease a person develops late stage Lyme disease which there is no treatment options in Ontario. The only option is to seek treatment in the US and to pay for it yourself. We have people in Ontario many of them children being denied medical care in Ontario for this infectious disease. If left untreated Lyme disease will make a person bedridden and can kill. The petition asks the provincial government to provide better testing which is available, a wide scale public education program, education for our physicians and treatment options for those of us fighting for our lives from the bite of a bug. I hope that after learning about Lyme disease that the council will endorse the Lyme disease petition on behalf of the citizens in your community but even more important than that my hope is that after learning about Lyme disease the council members will educated families, neighbours and friends about this insidious disease. We are all at risk and this disease can happen to anyone. I have attached an information packet including the petition. Sincerely; Christine Heffer 486 Alderbury Cres., Corunna, Ontairo NON lGO (519) 481-0e72 Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 74 of 223 LYME DISEASE INFORMATION o Lyme disease is transmitted by the bite of a tick infected with Borrelia burgdorferi and results in a systemic infection similar to syphilis o Many pathogens can be transmitted by one bite o ANAPLASMOSIS, BABESIOSIS, EHRLICHIOSIS, RICKETTSIA ROCKY MOUNTAIN SPOTTED FEVER (RMSF), STARI, TULAREMIA, BARTONELLA AND MANY MORE o Lyme disease is the fastest growing infectious disease in North America with an estimated 400 000 cases per year in the US o Lyme disease has been shown in studies to be increasing across Ontario especially in Southern Ontario o Everyone is at risk especially children (age 2-14 highest risk group) o Lyme disease is can be found everywhere, at parks, in yards, in gardens as ticks are transmitted by birds o Public awareness, testing and treatment for this disease is poor o lf not caught early Lyme disease becomes chronic and incurable requiring long term treatment much like AIDS does o A person infected with Lyme disease often becomes total disabled o The far reaching effects of this disease on our communities include loss productivity, loss tax revenue, increased medical costs and increased burden on social se¡vices o The Lyme bacteria has been found in semen O RECOVERY OF IYME SP¡ROCHETES BY PCR IN SEMEN SAMPTES OF PREVIOUSLY DIAGNOSED LYME DISEASE PATIENTS Dr. Gregory Bach, Do.O., P.C.24L5 North Broad Street, Colmar, PA 18915 o Lyme disease can be passed congenitally o Tick borne diseases transmitted by blood o Transfusion-transmitted tick-borne infections: a cornucopia of threats. Leiby DA, Gill JE. Department of Transmissible Diseases, American Red Cross Holland Laboratory, Rockville, MD 20855, USA. Transfus Med Rev. 2004 Oct;18(4):293- 306 Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 75 of 223 REFERENCES ON LYME DISEASE Scientific Studies on the faultiness of the ELISA test used for testing for Lyme Disease in Ontario 1. Tilton RC, Sand MN, Manak M. The Western immunoblot for Lyme disease: determination of sensitivity, specificity, and interpretive criteria with use of commercially available performance panels. Clin lnfect Dis 1997;25(Suppl 1):S31-4. 2. Schmitz JL, Powell CS, Folds JD. Comparison of seven commercial kits for detection of antibodies to Bonelia burgdorferi. Eur J Clin Microbiol lnfect Dis 1993;12:419-24 3. Engstrom SM, Shoop E, Johnson RC. lmmunoblot interpretation criteria for serodiagnosis of early Lyme disease. J Clin Microbiol 1995:33:419-27. 4. C. W. Ang & D. W. Notermans & M. Hommes & A. M. Simoons-Sm¡t & T. Henemans Large differences between test strategies for the detection of anti-Borrelia antibodies are revealed by comparing eight ELISAs and five immunoblots Eur J Clin Microbiol lnfect Dis DOI 1 0. 1 007/s1 0096-01 1 -1 157 -6 Studies on the spread of Lyme disease throughout Ganada and Ontario 1. Birds Disperse lxodid (Acari: lxodidae) and Borrelia burgdorferi-lnfected Ticks in Canada Authors: Scott, John D.; Fernando, Keerthi; Banerjee, Satyendra N.; Durden, Lance A.; Byrne, Sean K.; Banerjee, Maya; Mann, Robert B.; Morshed, Muhammad G.Source: Journal of Medical Entomologv, Volume 38, Number 4, July 2001 , pp.493-500(8) 2. Presence of spirochete causing Lyme disease, Borrelia burgdorteri, inthe blacklegged tick, /xodes scapularis, in southern Ontario S N Banerjee, M Banerjee, K Fernando, J D Scott, R Mann, and M G Morshed CMAJ. 2000 May 30; 162(11): 1567-1569. 3. The rising challenge of Lyme borreliosis in Canada, Canada Communical Disease Reportl January 2008 Volume 34 Number 01 NH Ogden, DPhil, (1), LR Lindsay, PhD, (2), M Morshed, PhD, (3), PN Sockett, PhD, (4), H Artsob, PhD, (2) 4. lxodes scapularis ticks collected by passive surveillance in Canada: analysis of geographic distribution and infection with Lyme boneliosis agent Borrelia burgdorferi. Ogden NH, Trudel L, Artsob H, Barker lK, Beauchamp G, Charron DF, Drebot MA, Galloway TD, O'Handley R, Thompson RA, Lindsay LR. J Med Entomol. 2006 May;43(3):600-9 Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 76 of 223 Eur J Clin Microbiol Infect Dis DOI 10. 1007/s10096-01 1-l 157-6 Large differences befiveen test strategies for the detection of anti-B orreliø antibodies are revealed by comparing eight ELISAs and five immunoblots C. W. Ang. D. W. Notermans. M. Hommes. A. M. Simoons-Smit. T. Herremans Received: 2l Jnly 2010 / Accepted: I January 20ll @ The Autho4s) 2011. This article is published with open access at Springerlink.com Abstract We investigated the influence of assay choice on the results in a two-tier testing algorithm for the detection of anti-Borrelia antibodies. Eighty-nine serum samples from clinically well-defined patients were tested in eight different enzyme-linked immunosorbent assay (ELISA) systems based on whole-cell antigens, whole-cell antigens supple- mented with VlsE and assays using exclusively recombinant proteins. A subset of samples was tested in five immuno- blots: one whole-cell blot one whole-cell blot supplemented with VlsE and three recombinant blots. The number of IgM- and/or IgG-positive ELISA results in the group of patients suspected of Borrelia infection ranged from 34 to 59Yo. The percentage of positives in cross-reactivity conhols ranged from 0 to 38o/o. Comparison of immunoblots yielded large differences in inter-test agreement and showed, at best a moderate agreement between tests. Remarkably, some immunoblots gave positive results in samples that had been tested negative by all eight ELISAs. The percentage of positive blots following a positive ELISA result depended heavily on the choice of EllSA-immunoblot combination. We conclude that the assays used to detect arfti-Borrelia antibodies have widely divergent sensitivity and specificity. The choice of EllSA-immunoblot combination severely influences the number of positive results, making the exchange of test results between laboratories with different methodologies hazardous. C. W Ang (X)'M. Hommes',4. M. Simoons-Smit VUMC, Amsterdam, The Netherlands e-mail: wang@wmc.nl D. W. Notermans'T. Herremans Centre for Infectious Disease Conhol Netherlands, National Institute for Public Health and the Environment (RIVM), Bilthoven, The Netherlands Published online:27 January 2011 Introduction Lyme disease is caused by Botelia spp. In Europe, infection is mostly caused by B. afzelíi and B. garinii, while in the United States, B. burgdoderi sensu stricto is the causative agent []. Lyme disease manifests in a myriad of clinical ways, including erythema migrans, arthritis, carditis and neuroborreliosis []. Exhacutaneous Lyme disease requires laboratory confirmation by culture, poly- merase chain reaction (PCR) or antibody determination [2, 3]. Culture is only available in a limited number of laboratories, and the value of PCR in the diagnosis of various forms of Lyme disease is of limited use [2, 3]. Therefore, serological assays are the main method used to diagnose extracutaneous forms of Lyme disease. Current guidelines for the diagnosis of Lyme disease include a two-tier testing algorithm [2, 3]. First, an enzyme- linked immunosorbent assay (ELISA) is performed, fol- lowed by the confirmation of positive ELISA results with an immunoblot. This two-step procedure was initiated because first-generation ELISAs for the detection of anti- Borrelia antibodies lacked specifrcity. The inclusion of a second, more specific, serological method made it possible to exclude false-positive ELISA samples [2, 4]. Many diagnostic assays are currently commercially available, and manufacturers have developed them to increase their sensitivify and specificity. During the last decade, assays using a peptide from the sixth invariant region (C6) of the variable major protein-like sequence- expressed (VlsE) of B. burgdorferi have been shown to be promising [5, 6]. Laboratories can choose between ELISAs and immunoblots using sonicated whole-cell antigens, whole-cell antigens combined with recombinant antigens (VlsE C6 peptide) and exclusively recombinant antigens. Due to this array of serological tests, there are an almost â Springer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 77 of 223 Eur J Clin Microbiol Infect Dis indefinite number of possible combinations between ELISA and immunoblot in a two-tier testing scheme. Comparing atti-Borrelia test results between laboratories and studies may be impossible if tests with widely diverging sensitiv- ities and specificities are used [7]. The aim of the present study was to compare a wide range of ELISA assays and immunoblots, based on either whole-cell or recombinant antigens, for detecting anti- Borrelia antibodies. We also aimed to investigate the influence of assay choice on results in a two-tier testing algorithm (ELISA followed by immunoblot). Therefore, we tested serum samples in eight ELISA systems and five immunoblots, covering the entire spectrum of native and recombinant antigens. Patients and methods Patients Serum samples were selected from 89 clinically well- defined individuals. Fifty-nine samples were from patients suspected of Borrelia infection (skin manifestations, ¿:8; neurological symptoms, n:26; anhritic symptoms, n:11; ocular symptoms, n=4; otheg z:10). Fourteen samples were from healthy controls and 16 came from patients with a high possibility for cross-reacting antibodies (syphilis patients, n=10; Mycoplasma pneumonia-infected patients based on symptoms consistent with M. pneumoniae infection and a positive result for anti-M. pneumoniae IgM and IgG with a Virior/Serion ELISA , n:6). Methods Serum samples were tested in eight different ELISA systems. Three assays were based on sonicated whole-cell antigens (Diacheck/lvlorat anti-Borreliø, VIDAS and Virion/Serion ELISA Classic Borrelia burydoder), three assays with sonicate whole+ell antigens supplemented with VlsE for IgG anti-Borrelia antibodies @ade Behring Enzygnost Lyme link VlsE, Euroimmun Anti-Bonelia plus VlsE ELISA and Genzyme Virotech Borrelia aÈelii+VlsE ELISA) and two assays using recombinant proteins (Immunetics C6 Lyme ELISA Kit and Mikrogen recomWell Borrelia). A subset of samples from 3l patients suspected of Borrelia infection woro olso tostod in fivo difforont immunoblots. This group consisted of the following patients: skin manifestations, ¡r:3; neurological symptoms, n=15; arthritic symptoms, n:6; ocular symptoms, rl :2; other, ¡¿:5. One whole-cell blot (home-made using B. afzelü strain 439 cell sonicate, RIVM), one whole-cell blot supplemented with VlsE (Viramed Borrelia "MiQ"+VlsE ViraBlot) and three recom- binant blots (Euroimmun Euroline-RN-AT, Mikrogen recom â Spring.r Line Boruelia and Genzyme Virotech Borrelia Europe Line). A total of 3l samples were tested in all immunoblots. Manufacturer-suggested cut-off levels and interpretation criteria were used for the ELISAs and immunoblots. Statistical analysis was performed using SPSS version 16.0 (SPSS Inc., Chicago, IL, USA). Results As expected, there was considerable discordance between the eight ELISAs. We tested 89 samples from patients and controls on all eight ELISAs. Of the complete set of serum samples, 35189 (39%) were negative in all assays, while l6l 39 (lS%) were positive in all assays. The remaining 38/89 (43%) samples were positive in one to seven ELISAs. In the 59 patients that were suspected of Borrelia infection, we observed a wide range of positive results, with percentages of positive ELISAs varying between 34 and 6lYo (Table l). We did not observe a relation between the fraction of positive results and the nature of antigen used for the ELISA. The specificity of the ELISAs also varied widely. Although we had only small numbers of positive tests in healtþ controls, some ELISAs produced up to 38% of positive tests in the cross-reactivity group (syphilis and M. pneumonia-infected patients). We aggregated results from the IgM and IgG tests and assessed them using a kappa statistic to determine agree- ment between the ELISAs. The kappa values ranged from 0.41 (moderate agreement) to 0.79 (substantial to good agreement), emphasising the differences between the ELISAs (Table 2). The choice of antigen does not seem to influence the level of agreement. Even the lowest kappa values were observed between two 'whole-cell+VlsE' ELISAS (0.43). We tested a subset of 31 serum samples from patients suspected of Boruelia infection in all five immunoblots. Samples were from patients with positive and negative ELISA results, allowing us to investigate the specificity of the immunoblots. In general, we observed a much lower agreement for the immunoblots than for the ELISAs. Kappa values ranged from 0 þoor agreement) to 0.84 (good agreement), indicating that, for many samples, the outcome of the immunoblot is highly dependent on the choice of manufacturer (Table 3). Inter-blot agreement was disap- pointingly low for IgM and much higher for IgG (Tahle 1) Interestingly, recombinant blots did not have a higher agreement than whole-cell blots, and there was limited agreement even between recombinant blots. The highest agreement was for the home-made whole-cell blot with the Mikrogen recombinant blot. Additional analysis on the individual band level revealed similarly poor agreement, even in immunoblots containing recombinant antigens. Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 78 of 223 Eur J Clin Microbiol Infect Dis Table 1 Performance ofeight enzymelinked immunosorbent assay (ELISAs) in the three patient groups ELISA manufacturer Antigen used for ELISA Number of positive samples (%) Patients suspected for Borrelia infection Cross-reactivity controls Healthy controls Total number of tested samples Diacheck/Moran VIDAS Virior/Serion Enzygnost Euroimmun Virotech Immunetics Mikogen Whole-cell Whole-cell Whole-cell Whole-cell+VlsE whole-cell+VlsE Whole-cell+VlsE Recombinant Recombinant 20ts9 (34%) 3Us9 (s3%) 24/s9 (4r%) 231s9 (39%) 29tse (4e%) 3slse (59%) 22/5e (37%) 24/s9 (4t%) 2n6 (11%) 4n6 (2s%) t/r6 (6%) 0/t6 3tr6 (t9%) 646 (38%) 0/16 3A6 (19%) t/14 (7%) t/t4 (7%) 0lt4 0/r4 0/t4 0n4 0/14 0/t4 89 89 89 89 89 89 89 89 When performing eight different ELISAs and five different blots, there are 40 possible ELISA-blot combina- tions. Thirty-one samples were tested in all 40 combina- tions. A score of 0 indicates a negative result in all ELISAs and all blots, while a score of 40 indicates a positive result in all ELISAs and all blots. A score between 0 and 40 indicates that not all possible combinations yielded a positive result (i.e. disagreement between various ELISA- blot combinations). Of this small sample cohort, 20131 (65%) had. either a score of 0 or 40, indicating perfect agreement, irrespective of the ELISA-blot combination used. Discordant interpretations were generated in the other 35%o of samples. The influence of assay choice is further illustrated by investigation of the relationship between each ELISA and the fraction of positive blots. Surprisingly, we found anti- Borrelía immunoblot reactivity in samples that were negative in all eight ELISAs. These are samples that normally would not have been tested in immunoblots. Again, this was not dependent on the nature of the antigen used for the immunoblot. For the Euroimmun immunoblot, 4/ll (36%) of the EllSA-negative samples were blot- positive. Some immunoblots also seem to lack sensitivify, since samples that were positive in six to all eight of the tested ELISAs remained negative in all immunoblots. Some of these samples were from Lyme disease patients with a short duration of symptoms, confirming that ELISAs may have a higher sensitivity than immunoblots during the early phase ofa Borrelia infection. For some ELISA-blot combinations, only about half of the El-lSA-positive samples could be confirmed by immunoblot (e.g. VIDAS ELISA-Virotech immunoblot, Table 4). The quality of the other ELISAs was so high that the majority of EllSA-positive samples were confirmed with imrnunoblots (e.g. Diacheck/lvloran and Enzygnost ELISAs). When taking into account the lack of specificity of a number of the immunoblots, it is clear that the combination of a non-specifrc ELISA with a non-specific blot will lead to a high fraction of presumably false-positive test results. The ELISA test value is the final factor influencing the fraction of positive confirmatory blots. Figure I depicts an example-values for the VIDAS and Immunetics C6 Lyme ELISA according to the immunoblot results of a whole-cell blot (home-made) and a recombinant blot (Mikrogen). For the VlDAS-home-made blot combination, it is difficult to indicate a cut-off value for the VIDAS ELISA with a good separation between blot-positives and blot-negatives. When using the Immunetics ELISA as a screening tool, it becomes clear tha! irrespective of the blot method used, Table 2 Agreement between ELISAs for detecting IgM and/or lgG anti-Bowelia antibodies (kappa values) ELISA manufacturer Antigen used for ELISA Diacheck/Moran VIDAS Virion/Serion Enzygnost Euroimmun Virotech Immunetics Diacheck/Moran VIDAS Virion/Serion Enzygnost Euroimmun Virotech Immunetics Mikrogen Whole-cell Whole-cell lWhole-cell Whole-cell+VIsE Whole-cell+VlsE Whole-cell+VlsE Recombinant Recombinant 0.53 0.6'7 0.71 0.7 t 0.M 0.74 0.79 0.56 0.43 0.86 0.68 0.47 0.53 0.67 0.69 0.62 0.78 a.45 0.56 0.65 0.57 0.60 0.64 0.53 0.63 0.41 0.44 0.65 â Springer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 79 of 223 Eur J Clin Microbiol Infect Dis Table 3 Agreement between immunoblots for detecting anti-Borrelia antibodies ftappa values) Blot Blot type Home-made Mrablot Euroimmun Mikogen Virotech IgM and IgG combined Home-made Whole-cell Virablot Whole-cell+VlsE Euroimmun Recombinant Mikogen Recombinant Virotech Recombinant IgM 0.55 0.45 0.74 0.66 -1.57 0.04 0.42 0.20 0.43 0.43 0.84 0.71 0.24 0.42 0.60 0.29 0.25 0.26 0.39 0.55 0.56 Home-made Virablot Euroimmun Mikrogen Virotech IgG Home-made Virablot Euroimmun Mikrogen Virotech Whole-cell Wholercell+VlsE Recombinant Recombinant Recombinant Whole-cell Whole-cel¡+VlsE Recombinant Recombinant Recombinant 0.20 0 0.46 034 0.24 0.27 0.63 0.43 0.30 samples with an index >4 are almost always blot-positive. These characteristics make it possible to deftne groups of EllSA-positive serum samples that do not need immuno- blot confirmation. Discussion We studied the influence of the choice of detection method on the results of Borrelia serology. We found that Borrelia ELISAs and immunoblots for detecting anti-Bonelia a¡li- bodies have widely divergent sensitivity and specificity, and that immunoblots generally show limited agreement. Analysis of a large number of EllSA-immunoblot combi- nations revealed large differences between various test Table 4 Fractions of blot-confirmed samples for 40 EllSA-immunoblot combinations strategies in a two-tier testing algorithm. Although we only studied a limited number of serum samples, our extensive approach allowed us to draw several conclusion based on our observations. Theoretically, the use of recombinant antigens should lead to increased specihcity and, possibly, increased sensitivity as well. This does not seem to be true for the currently available ELISAs and immunoblots for the detection of anli-Borueli¿ antibodies. We could not find a clear relationship between the fraction of positive tests, the specificity and the nature of the antigen used for the serological tests. ELISAs using sonicated whole-cell anti- gens can be sensitive and specific, while recombinant ELISAs may lack specificity. Therefore, manufacturer claims for the superior performance of assays using ELISA manufacturer Antigen used for ELISA Number of positive samples in ELISA/total number of samples Blot Whole-cell Whole-cell+VlsE Recombinant Home-made Vi¡ablot Euroimmun Mikogen Virotech DiacheckÂrforan VIDAS Virion/Serion Enzygnost Euroimmun Virotech Immunetics Mikrogen Whole-cell Whole-cell Whole-cell Whole-cell+VlsE Whole-cell+VlsE Whole-cell+VlsE Recombinant Recombinant tr/r2 (92%) rutg (s8%) ruts (73%) rut2 (92%) rur4 (79%\ nn1 (6s%) ll/13 (8s%) tt/13 (8s%) 9/t2 (7s%) t2tr9 (63%) rr/rs (73%) rotr2 (83%) tt/14 (79%) rt/17 (6s%) to/t3 (77%) en3 (6e%) 1Ut2 (92%) r3/te (68w r3/ts (87%) t0/t2 (83%) r2n4 (86%) t3/17 (77%) t0n3 (77%) [n3 (8s%) r2tr2 (100%) t4/r9 (74%) tztrs (80%) t2^2 (tÙo%) r2/t4 (86%) t3/17 (77%) t3n3 (too%) t2n3 (92%) 9n2 (7s%) tong (53%) elts (60%) to/t2 (83%) 9/14 (64%) 9/17 (s3%) to/t3 (77%) e/t3 (6e%) t2ßt t9l3t t5l3t t2t3t t413t 17 /31 t313l t3/31 â Springer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 80 of 223 Eur J Clin Microbiol Infect Dis Fig. I EnzymeJinked immuno- sorbent assay (ELISA) test val- ues in relation to immunoblot results for the detection of anti- Borrelia antibodies a ^10o €.s oJ(E0 E+ an<2o 0 x8oEc^ o E ì4 (DQz xoItE o E @o b ^10o 9e oãt6 E+ Ø<2o =0 d t0 negalive positive home made whole cell blot aa o¡oa-<+- aooof a negative positive Mikrogen recombinant blot negative pos¡t¡ve Mikrogen recomb¡nant blot recombinant antigens for the detection of Borrelia anti- bodies must be interpreted with caution. A two-tier testing algorithm for the detection of anti- Borrelia antibodies is recommended world-wide 12, 3, 61. However, there are several reasons to reappraise the additional value of an immunoblot confirmatory test in a two-tier testing scheme. First, the lack of specificity of some immunoblots is counter-intuitive. The immunoblot is used as a confirmatory tes! although it can be argued that it is merely a supplemental test due to the inter-dependence of ELISAs and immunoblots [8]. Theoretically, the use of recombinant antigens should allow discrimination between a specific antibody reactivity, cross-reactive antibodies and true anti-Borrelia antibodies [a]. The presence of commercially available immunoblots with low specificity diminishes the value of the immunoblot as a confirmatory test [8]. Furthermore, the two-tier testing scheme was originally proposed to overcome the lack of specificity of Borrelia ELISAs. This study has shown that not all of the newer generation ELISAs using recombinant Borrelia antigens have improved specificity compared to older serological assays [9, l0]. Second, the low level of agreement between the different immunoblots is very disappointing, especially for IgM. This low level of agreement, even at the individual band level, makes it hard to compare immunoblot results from different manufacturers. Third, a mismatch between immunoblot and ELISA may occur during the early phase of infection. There are numerous examples-from this and other studies-in which patients with earþ Lyme disease were initially EllSA-positive and blot-negative [l]. In such cases, immunoblot seroconver- sion can only be documented in a follow-up samplg and, sometimes, even this option is blocked because antibiotic treatment may interfere with the development of the anti- Bonelia antibody response [2]. This is an example of better sensitivity in the ELISAs compared to the immunoblots. Without detailed knowledge of the clinical manifestations and illness duration, reporting these cases as 'negative' could lead to erroneous conclusions. Finally, several groups can be discriminated based on the ELISA value !01: a 'high positive' group exhibiting clinical symptoms consistent with a diagnosis of Lyme disease and which can be reported as 'positive' without confirmatory testing, a 'low positive' group in which confirmatory testing may be helpful and, lastly, a negative group that does not require any further investigation. We do not advocate abandoning the use of immunoblots to confirm anti-Boruelia antibodies, but we do think that only a selection of samples needs conftrmatory blotting. Fur- thermore, knowledge about the lower sensitivity of immu- noblots compared to some of the ELISAs is indispensable in interpreting results. In conclusion, ELISAs and immunoblots for detecting anti-Borrelia antibodies have widely divergent sensitivity and specificity, and immunoblots for detecting anti-Botelia antibodies have only limited agreement. Therefore, the choice of EllSA-immunoblot combination severely influ- @ Springer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 81 of 223 Eur J Clin Microbiol Infect Dis ences the number of positive results, making the exchange of test results between laboratories with different method- ologies hazardous. The widespread availability of more specific and sensitive assays for the detection of anti- Borrelia antibodies will open the way for a reappraisal of the two-tier testing system. Acknowledgements This work has been presented at the 20th European Congress of Clinical Microbiology and Infectious Diseases (ECCMID 2010), Vienna, Austria, April 2010. The authors would like to acknowledge Stephen Johnston for editing the final manuscript. Open Access This article is distributed under the terms of the Creative Commons Attribution Noncommercial License which per- mits any noncommercial use, distribution, and reproduction in any medium, provided the original autho(s) and source are credited. References l. Stanek G, Fingerle V, Hunfeld KP, Jaulhac B, Kaiser R, Krause A, Kristoferitsch W, O'Connell S, Omstein K, Shle F, Gray J (2011) Lyme boneliosis: clinical case definitions for diagnosis and management in Europe. CIin Microbiol Infect l7(l):69-79 2. Wilske B, Zöller L, Brade V Eiffert H, Göbel UB, Stanek G, Pfister Hrüy' (2000) MiQ-12 Lyme-Boneliose @nglish Intemet Version). In: Mauch H, Lütticken R, Gatermann S (eds) Qualitätsstandards in der mikobiologisch-infektiologischen Diag- nostik. Urban & Fisher Verlag, München Jena 3. Brouqui P, Bacellar F, Baranton G, Birtles RI, BjoërsdorffA Blanco J& Caruso G, Cinco M, Foumier PE, Francavilla E, Jensenius M, Kazar J, Laferl H, hkos A, Loric Furlan S, Maurin M, Oteo JA, Pamla R Perez-Eid C, Peter O, Postic D, Raoult D, Tellez A, Tselentis Y Wilske B (2004) Guidelines forthe diagnosis of tick-bome bacterial diseases in Europe. Clin Microbiol Infect 10(12):1108-1132 4. Wilske B, Fingerle V, Schulte-Spechtel U (2007) Microbiological and serological diagnosis of Lyme borreliosis. FEMS Immunol Med Microbiol 49 (l):13-21 5. Liang FT, Steere AC, Marques AR, Johnson BJ, Miller JN, Philipp MT (1999) Sensitive and speciñc serodiagnosis ofLyme disease by enzymelinked immunosorbent assay with a peptide based on an immunodominant conserved region of Borrelia burgdorferi vlsE. J Clin Microbiol 37(12):3990-3996 6. Steere AC, McHugh G, Damle N, Sikand VK (2008) Prospective study of serologic tests for Lyme disease. Clin Infect Dis 47 (2): I 88-l 9s 7. Bakken LL, Callister SM, Wand PJ, Schell RF (1997) Interlabor- atory comparison of test results fo¡ detection of Lyme disease by 516 participants in the rffisconsin State Laboratory of Hygiene/ College of American Pathologists Proficiency Testing Program. J Clin Microbiol 35(3):537-5a3 8. Wormser GP, Carbonaro C, Miller S, Nowakowski J, Nadelman RB, Sivak S, Aguero-Rosenfeld ME (2000) A limitation of 2-stage serological testing for Lyme disease: enzyme immunoassay and immunoblot assay ar€ not independent tests. Clin Infect Dis 30 (3):s4s-548 9. Jansson C, Carlsson SA, Granlund H, Vy'ahlberg P, Nyman D (2005) Analysis of Borrelia burgdorferi IgG antibodies with a combination of IgG ELISA and VlsE C6 peptide ELISA. Clin Microbiol Infect I 1(2): 147-150 10. Smismans A, Goossens VJ, Nulens E, Bruggeman CA (2006) Comparison of five different immunoassays for the detection of Bonelia burgdorferi IENI and IgG antibodies' Clin Microbiol Infect l2(7):648455 ll. Wormser GB Nowakowski J, Nadelman RB, Vsintainer B Levin A, Aguero-Rosenfeld ME (2008) Impact of clinical variables on Borrelia burgdorferïspecifi c antibody seropositiv- ity in acute-phase sera from patients in North America with culh¡re-conñrmed early Lyme disease. Clin Vaccine Immunol l5 (10): I s l9-1522 12. Aguero-Rosenfeld ME, Nowakowski J, Bittker S, Cooper D, Nadelman RB, Wormser GP (1996) Evolution of the serologic response Ta Borrelia burydorferi in treated patients with culh.rre- confirmed erythema migrans. J Clin Microbiol 34(l):l-9 â Springer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 82 of 223 EDUCATION FOR PHYSICIANS Very little is taught about Lyme disease and tick- borne diseases in medical school Often a person with Lyme disease is marginalized and ostracised by the medical community due to the lack of knowledge about this disease We need to focus on education especially for the GP's and the ER physicians who will see the Acute Lyme patient when this disease is curable We need doctors to treat right away and not be waiting for test results since the window to treat Acute Lyme disease is very narrow Presently the College of Physicians and Surgeons of Ontario cannot provide a Lyme Literate Physician anywhere in this province who is trained in how to treat late stage Lyme disease Due to the lack of available Lyme Specialists, residents of Ontario are forced to seek medical treatments in the US at their own expense often resulting in bankruptcy and those who can't seek treatment in the US become increasing disabled and often face death. Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 83 of 223 lyme disease is on the increase Messagefrom the Chief Medical0fficerof Health Ontario is seeing an increase in human cases of Lyme disease and an increase in numbers and range of black{egged ticks, especíally in southern 0ntario. Reporting ofall cases is critical. Lyme disease is a preventable disease ousedby a Borrelìo burgdorferibacterial infection and transmitted through the bite ofan infected tick. ln 0ntailo, the blacklegged tick (0r deer tick) lxodes scapularis is the sole vector of B. burgdorferi. People who spend time oufdoors may encounter othertick spedes, but only the black-legged tick can transmit the Lyme disease bacteria. lhese ticks are small (3-5 mm) and people often d0 not realize they have a black- legged tick on them. RiskAreas The greatest risk ofacquiring Lyme disease is found in areas where blacklegged ticks canying the bacteria are endemic (well-established). lhe endemic areas in 0ntario include: . Long Point Provincial Park (northwest shore of lake Erie near Port Rowan) . Point Pelee National Park (near Leamington) . Prince Edward Point National Wildlife Area (located ¿t the southeastern tip of Prince Edward County) . 5t. Lawrence lslands National Park (near Brockville) . Rondeau Provincial Park (southeast0fChatham) . Turkey Point Provincial Park (near Port Rowan) . Wainfleet Bog Conservation Area (in Port Colborne) Ihe blackJegged tick also feeds on birds and on be lransported to almost anywhere in the province; therefore, Lyme disease can be acquired almost ¿nywhere in the pf0vrnce. When a person isshowing signs and symptoms oflyme disease, health care professionals should consider this diagnosis even ifthe person is not from, or has not visited, an endemic area. Persons on come into contact with ticks is from early spring to the end of fall.Ihe tick can also be active in the winter in areas with no snow and mild temperatures (>4t). Let's Highlights: - Since 2005, there has been an increasing trend in the number of Lyme disease cases acquired in 0ntario. REPORT: . Lyme disease is a reportable disease as per 0. Reg. 559. Clinically díagnosed Lyme disease, even in the absence oflaboratory confirmation, should be reported to your local public health unit ÏEST: . While the probability is low, it is posible to acquire Lyme disease almostanywhere in 0ntario. lf you susped Lyme disease, have the patienttested. TREAT: . Early treatment with appropÍate antibiotia is important. (linical Presenhtion The incubation pe riod for B. burgdoíeri is usually one to four week after a bite from an infected tick. Early infection is characterized in 70 to 80 per cent ofcases by erythema migrans, a skin lesion commonly known as a "bull's eye tash' (see picture, right). Other early symptoms include fever, headache, muscle and joint painl fatigue and stiff neck. 0inical diagnosis can sometimes be difficult as the symptoms can mimic many other diseases. lfleft untreated, Lyme disease can progress t0 an early-disseminated disease with migraines, weakness, multiple skin rashes, painful 0r st¡ffj0ints, cardiac abnormalities and extreme fatigue. lfthe disease continues, arthritis, along with neur0logical symptoms suth as headaches, diziness, numbness and paralysis can 0ccur. lnformation for Clinicians ö yme ßee over) Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 84 of 223 lyme Disease is on the increase Treatnent lftreated early with appropriate antibiotics, patients can expect to make a full recoveryl. People should seek medical attention ifsymptoms developwithin 30 daysofsuspectedtickexposure, lfthepatientstillhasthetick,orahealthcare professional removes it, submit the tick to the local public health unit where it will be sent for identifcation and lyme bacteria testing (black-legged ticks only species tested). lfthe initial infection ¡s not treated, then infection can become difficult to treat and patients may experience joint, heart and neurological symptoms. Testing Laboratory testing is used to support the diagnosis of Lyme disease and should be used in conjunction w¡th clinical s¡gns and symptoms2. lt is up t0 the attending physician to make the diagnosis and determine tre¿tment. Pat¡ents tested during early infection may not have developed antibodies (negative serology) to the bacteria, making detection diffcult; therefore, testing patients again in four weeks is recommended. Health Canada-approved blood tests are performed at the 0ntario Public Health Laboratory and follow the recommendations 0f the Canadian Public Health [aboratory Network. Testing patients f0r Lyme disease can be requested by writing "Lyme 5erology"on the requisition form and providing clinical background. The Centers for Disease Control and Prevention in the United States and the Public Health Agency ofCanada caution health care professionals and the public regarding the use of private laboratories offering Lyme disease testing in the U5A. These "for- profit"laboratories may not follow the same testing protocols as most provincial, state and federal laboralories in (anada and the U5A. Removing a Tkk . Using fine-tipped tweezers, carefully grasp the tick as close to the skin as possible. Pull it straight 0ut, gently but firmly. . Do not squeeze the tick. 5queezing can accidentally ¡ntroduce Lyme bacteria into rhe body. . Do not put anything on the tick, or try to burn the tick off. . Aftertickremoval,placeitinas(rew-topbottle(pill vial orfilmcanister) and subm¡t it t0 your l0cal he¿lth unit for identification and testinq. Efablishing the type oftick will help assess the risk ofacquiring Lyme disease. . lt is important to remember where the person most likely acquired the tick. lt will help public health workers to identiff areas ofhigher risk. . Thoroughly cleanse the bite site with rubbing alcohol and/or soap and water. lfthe tick is lemoved s00n after its attachment, Ít will help t0 prevent infedion as not all blacklegged ticks are infected. An infected blacklegged tick has t0 be feeding for at least 24 hours before it can transmit the bacteria to the human host. For Further lnformation: 1. Canadian Family Physician: Lyme Disease, a zoonotic diseàse 0fincreasing importance t0 Canadians. http://www.cfo .calcgi/reprintl 541 10 I 1381,pdf 2. The laboratory diagnosh of Lyme boneliosis: Guidelines fiom the Canadian Public Health Laboratory Network. http://www.pulsus.com/journallabstract.jsplHCty pe=Physician&sCurrPg=aþ51¡u6g;n'Ky=3&atlKy=7231 &isuKy=71 1 &isArt=t&f romfold=& 3. Erythema Migrans Lesions of Lyme Disease Photos. http://www.cdc.gov/ncidod/ dvbid/lyme/ld-LymeDiseaseRashPhot0s.htm 4. 0ntario Lyme Disease FactSheet http://wwwhealth.gov.on.ca/en/public/publications/disease/lyme.aspx 5. Health (anada, lfsYour Health: Lyme Disease http://www.hc-sc.gc.ralhl-vlalt-formas/pacrb-dgapcr/pdfi iyh-vsv/diseases- maladies/lyme-eng.pdf 6. Public Health Agencyof (anada:Ticks and lyme Disease. http:/iwww.phac-aspc.gc.ca/id-mi/tickinfo-eng.php ts www.ontario.callyme ö Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 85 of 223 These maps are from the Public Health of Canada - Canadian Communical Disease Report Jan 2009 The rising challenge of Lyme borreliosis in Canada, Canada Communical Disease Reportl January 2008 .Volume 34.Number 0l NH Ogden, DPhil, (1), LR Lindsay, PhD, (2), M Morshed, PhD, (3), PN Sockett, PhD, (4), H Artsob, PhD, (2) {991åob0= '-' t ' l* Ë 1/'ì :'. _:_.._ This map is the projected spread of the black legged ticks. You can see that southern Ontario was well covered in 2000 and will be completely covered by 2O20. - rD ID >Ocðd<6ltxlÐa 8l:xtO-Él7Axlot I 76 x lO3 b a.3O x IOr 330xtO3Þ746xlo-r 74âxtt5@25Élx10" lal**C This map represents the black legged ticks collected by passive survalance from 1990-2003 Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 86 of 223 EPIDEMIC ACROSS THE WORLD L¡rrne Disease in the U.S. ato,s rs-qx, ¡loloo ¡æ.@ :s&o 2ËæO rfú& rq¡-æ lô¡oô 3 la,rrl 'tt ¡, !a .ló U 17 ¡ a lO'tt tr !¡ !,t tt ta t7 ta at þO !l Û¡ !t ìÛa !l g !t tl YP ¡êêı*4æÞ.ld-#*-rø'Ás#r-..#¡É -.1*B-È¡r#<r-..*¡É.d.!B-¡:* 5È(ÊÐÉ+þ.-¿t<tt* CDC ESTIMATES OVER 4OO,OOO CASES IN THE US ANNUALLY WITH MOST EPIDEMIC STATES BORDERING WITH CANADA YET HERE IN CANADA PHAC REPORTS CASES IN THE LOW ].OO.S - WE ARE MISSING CASES DUE TO THE FAULTY TESTING AND LACK OF KNOWLEDGE IN THE MEDICAL FIELD Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 87 of 223 Some of the Ganadian News Coverage on the spread of Lyme disease and lack of treatment options in Ganada W5 Out of the Wild http://www.ctv.calCTVNewsMFive/20091 1 1 3/wS-lyme 091 1 1 4/ 16:9 http ://www.olobalnews. callyme+Disease+ Lepers/2097 1 03/story. htm I CTV news coverage on Lyme http ://www. ctv. calCTVNews/H ea lth/20090608/lvme-090608/ htto ://www.ctv. calCTVNews/Health/2009091 9/lvme-disease-09091 9/ ADDITIONAL INFORMATION ON LYME DISEASE . Canadian Lyme Foundation (Has information and research on Lyme disease as well as personal stories of Canadians suffering from Lyme) Dr. E. Murakami Centre for Lyme murakamicentreforlvmebc.q ivi nq. off icelive.com/defau lt.asox (Dr. E Murakami is a Lyme literate Physician from BC who treated thousands of people with Lyme disease. His Centre provides information on Lyme disease and its treatments. He also does seminars and phone consultations with patients and doctors across this country trying to educate about Lyme disease.) LYME DISEASE ASSOCITAION OF ONTARIO htto ://wvvw. I vmeontario. orq/ . ILADS (lnternational Lyme and Associated Diseases Society) www.lLADS.com . UNDER OUR SKIN - LYME DISEASE DOCUMENTARY This documentary was done in the US about the epidemic Lyme disease is becoming. What is happening in the US mirrors what is happening here in Canada. Clips can be seen at the website www.underourskin.com or the full movie is available on demand through many cable services. This is a must see movie as it explains what Lyme disease is and its effects on a person and the society better than words can say Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 88 of 223 TO THE LEGISLATIVE ASSEMBLY OF ONTARIO WHEREAS, the tick-borne illness known as Ghronic Lyme Disease, which mimics many catastrophic illnesses, such as Multiple Sclerosis, Crohn's, Alzheimer's, arthritic diabetes, depression, Chronic Fatigue and Fibromyalgia is increasingly endemic in Canada, but the scientifically validated diagnostic tests and treatment choices are currently nol available in Ontario, forcing patients to seek these in the USA and Europe; WHEREAS,Ihe Canadian Medical Association informed the public, governments, and the medical profession in May 30, 2000 edition of their professionaljournalthat Lyme Disease is endemic throughout Canada, particularly in Southern Ontario; WHEREAS, the Ontario Public Health system and the Ontario Health lnsurance Plan currently do not fund those specific tests that accurately serve the process for establishing a clinical diagnosis, but only recognize testing procedures known in the medical literature to provide false negatives 45 to 95% of the time; WE, THE UNDERSIGNED, petition the legislative assembly of Ontario to request the Minister of Health to direct the Ontario Public Health system and OHIP to include all currently available and scientifically verified tests for Acute and Chronic Lyme diagnosis, to do evefihing necessary to create public awareness of Lyme Disease in Ontario, and to have internationally developed diagnostic and successfultreatment protocols available to patients and physicians. PETITION Namø (print clearly):Address: Signature:TowrVCity: E-mall Address:Postal Code: Nañe (printclearly):Address: Signature:Town/Clty: E-mail Address:Postal Code: Name (pr¡ntclearly):Address: Signature:Town/C¡ty: E-mail Address:Postal Code: Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 89 of 223 Name (pr¡nt cleady):Address: S¡gnature:Town/City: E-mall Address:Postal Code: Nañe (pr¡ntclearly):Address: Slgnature:TowrvCity: E-mall Address:Postal Code: Name (pilnt cleady):Address: Signature:Town/City: E-mail Address:Postal Code: Name (print clearly):Address: Slgnalure:TowrVClty: E-mall Address:Postal code: Name (print clearly):Address: Slgnature:Town/Clty: E-mall Address:Postal Code: Name (prinl clearly):Address: S¡gnature:Town/City: E-mall Address:Postal code: Name (print clearly):Address: Slgnature:TowrvCity: E-mall Address:Postal Code: Naûe (pilntcleady):Address: Slgnalu¡e:TowrVClty: E-mall Address:Postal Code: DO NOT FAX Please return original signatures to Bob Bailey, MPP for presentation in the Ontario Legíslature 836 Upper Canada Drive, Sarnia ON N7W 144 Note: Petitions require original signatures - photocopies will not be allowed Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 90 of 223 To date I have about 75 municipalities supporting the petition. I have sent the petition to all the municipalities in the province of Ontario. Many letters have been sent to the Premier and the Minister of Health asking for more action by our provincial government on this issue by our municipal governments along with their support. My hope is that all municipal governments can lend their clout to this petition. lt won't be long before everyone is affected in one way or another by this insidious disease. ln the US this disease is now being called an epidemic by many health officials and its moving North. We need a strong response from our elected officials who are responsible for the public health of all the citizens of Ontario and Canada. Thank you for taking the time to investigate this very urgent Public health issue. Christine Heffer Correspondence dated August 29, 2011 from Christine Heffer regarding "Lyme Disease Petition and Awareness". Page 91 of 223 Page 92 of 223 Statistics StatistiqueCanada Canada Ontario Regional Census Centre 25 St. Clair Ave. East, Suite 1000 Toronto, Ontario M4T 1M8 www.census20l l.gc.ca Paul Ens Municipality of Bayham Municipal Office, 9344PlankRoad, Box 160 Straffordville ON NOJ 1YO /5 Centre régional du recensement de I'Ontario 25, av. St. Clair Est, bureau 1.000 Toronto (Ontario) M4T 1M8 ww\il.recensement2011.gc.ca l*I August 12,2017 rt ! A.UG ? 3 7fr11 /\()/ fHUI,!f ülPi+i.tÏi *i i:iiì¡ii;itfr Dear Mayor Ens: I am writing to thank you for the support of the Municipality of Bayham in our efforts to promote the 20IL Census and the National Household Survey (l[HS). Census information is needed by all communities and is vital for planning services such as schools, daycare, police services and fire protection. The NHS is needed to plan family services, housing, roads, public transportation, and skills training for employment. You have played an important role in ensuring the success of the 2011 Census and the NHS. Again, thank you for your support. ÌjË it'ector, Central Stâtistics Canada Canadä Correspondence dated August 12, 2011 from Statistics Canada regarding "2011 Census and National Household Survey". Page 93 of 223 Page 94 of 223 From: John Sebok fmailto:sebok@amtelecom.net] Sent: Sunday, August 28,20tL 11:17 PM To: Sandra Maeftens Subject: NOISE FROM BAYHAM Good evening Councilors of the Municipality of Bayham. I must report that this weekend Marnie and I have heard loud noises emitting from Bayham into the Township of Malahide. This racket permeates through buildings, field crops and carolinian forests all the way to our farm on Nova Scotia Line. I'm sure the noise traveled well beyond our farm. I'm guessing the distance the noise travels to our farm would be 7 to I km. I'm positive the source is Outback Camping. lt sure would be neighbourly if your Township would stop polluting our Township and my neighbours with this racket. We can hear the rumble in our house with all the windows and doors closed. I truly sympathize with the people who live next to the noise source. John Sebok Correspondence dated August 28, 2011 from John Sebok regarding "Noise From Bayham". Page 95 of 223 Page 96 of 223 ,L l'o; CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Borm (ETBO) Site Plan Agreement Amendment DATE: August 26,2011 FILE: LO4.€REVfSosr^ NUMBERzD20ll-36 Purpose This report is to recommend approval of an amended attachment to an existing Site Plan Agreement. Bacþround In November 2009 Council passed By-law 2009-096 approving a Site Plan Agreement with Etienne and Marie Louise Borm for the property known as ETBO Tool and Die located in Concession4Paft Lot 1, municipally identified as 7288 Richmond Road. The property is designated "Agriculture" in the Official Plan and Rural Industrial (M2) in theZonngByJaw 2456-2003. At this time the owners wish to amend the Site Plan Agreement Attachment "C" - Site Plan and Site Servicing Planto reflect the proposed construction of a 1,338 rr:2 1t+,+OO sq.ft.) industrial addition. Prior to construction the existing site plan agreement Attachment "C" must be amended and Council approved. StaffComments The owners are required to amend thei¡ site plan agreement Attachment "C" to show the proposed addition, increased parking area./spaces and loading space requirements, larger on-site water supply, fire protection requirements etc. The existing site plan agreement with Attachment "4" and "8" remains in effect. Staff have participated in several discussions with the engineer and an ETBO representative resulting in the final site plan drawing presented for consideration. Staff recommend approval of the amended Attachment "C". Attachments 1. ByJaw 20II-074 Authorizing the execution of an amended Attachment "C" Recommendation "THAT By-law No. 2011-074, being a By-law to authorize the execution of an amended Attachment "C" to the Site Plan A.greement with Etienne & Marie-Louise Borm, be presented to Council for enactment." Respectfully submitted, Staff Report D2011-36 regarding "Borm (ETBO) Site Plan Agreement Amendment". Page 97 of 223 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011-074 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDED ATTACHMENT "C' TO THE SITE PLAN AGREEMENT \ilITH ETIENNE & MARIE-LOUISE BORM (ETBO TOOL & DrE) \ilIIEREAS subsectionalQ) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an offrcial plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate may by by-law, designate the whole or any part of such area as a site plan control area. AND \ilHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By- law pursuant to Section 41 of the said Planning Act. AND \ilHEREAS subsection al () of the said Pla¡ning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: l. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WIIEREAS the Owners entered in to a site plan agreement authorized by By-law 2009 -09 6 passed November 5, 2009 ; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend Attachment "C" of the site plan agreement with Etienne and Marie-Louise Borm. NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute an amended Attachment "C)' of the Site Plan Agreement between the Corporation of the Municipality of Bayham and Etienne & Marie-Louise Borm afüxed hereto and formingpart of this By-law as Schedule "A". Staff Report D2011-36 regarding "Borm (ETBO) Site Plan Agreement Amendment". Page 98 of 223 2. THAT Attachmentc'C" to the Site Plan Agreement authorized by By-law 2009- 096 passed November 5,2009 is hereby amended. 3. THAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. READ A FIRST AI\D SECOND TIME this l't day of September 2011. READ A THIRD TIME AND FINALLY PASSED this I't day of September 2011. MAYOR CLERK Staff Report D2011-36 regarding "Borm (ETBO) Site Plan Agreement Amendment". Page 99 of 223 \f\o\r \.) \, ,{\ ^\ \iI JR\ò\l\ ',\rVùF\ ñ ,\ \')..) $ .\\ ,U V? NOTES r,È¡rlil{ftrdr{!ñ ¿ slffi¡M{ailEEÆ¡{N&ÐdÉu¡Es¡rEr4N.ctÀúrE ¡@4EJlrd#Bhf Ë¡üHÈrEÑErdñqñetuÞ, .iå'J q.ÐÈDr dsdû,( rtú¡øq!ÍúrpHù Þþ¡r IfmRrms, rs|u{6EFfl@n6û4'¿uj.U uczu - fltsarffii.Èt I di65 SÌORM WATER MAWEMFNTT 4Eñæ@rEltrM@¡úffimt¡Ú@ùl tR ¡cruh¡ il rúç r ¡ @0Æer4tþfrrû¡ffiffi+ESüDrm s¡lE sÌallsTtcs.,RMETMGEþruHlarmmæñË@úd@6rh-Gd{dñrrw H ÉÞ -. !'ldrËü.rsùrb d 'lt-o*hk.¡/ rqc¡e¡ hsk --+r h/Edkffi 'Í ilo**:- lo r.i,' .¿ r¡io !. (:,' '" b'l " **:- p: o .'" iø*iJ; L,:r " I'il ll++.1{il tII -*/ t n IIt^1t.1.îIIIII EJEä rttt RTCHMoND RoÀDl i S t a f f R e p o r t D 2 0 1 1 - 3 6 r e g a r d i n g " B o r m ( E T B O ) S i t e P l a n A g r e e m e n t A m e n d m e n t " . P a g e 1 0 0 o f 2 2 3 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Planning Coordinator/Deputy Clerk SUBJECT: Bogart Consent E82l1l DATE: August 26,2011 FILE: D10.11 BOGART NUMBERz D2011-37 Purpose To consider a consent application proposing an addition to a lot. Background A consent application was received from the Elgin County Land Division Committee submitted by Jeffrey l¡art Bogart proposing to sever a parcel 3364.94m2 10.83 acre) to be added to the adjacent property to the south owned by Danyl and Lori King. The subject land is located on the north side of Best Line, west of Culloden Road. The subject land is designated "Agriculture" and "Natural Gas Reservoir" in the Official Plan and zoned Agricultural (41-A) in the ZoningBy- law No. 2456-2003. The lot to which the severed land will be conveyed is zoned Agricultural (Al) Zone. Elgin County Land Division Committee will consider the application on September 23,2011. Staff & Planner Comments The applicant proposes to sever and add lands to the adjacent agricultural parcel for the pufpose of including the dwelling unit's water source and accessory buildings. As the planner's memorandum outlines, the Official Plan policies permit consents for minor lot additions provided the severed and retained parcels comply with the Official Plan and Zoning By-law. The retained parcel will meet the A1-A zoning regulation requirements. A zoning by- law amendment will be necessary for the severed parcel and the lands to which it will merge. The existing parcel has a lot frontage of 50 metres where 100 metres is required in the Al Zone. The newly merged land must be rezoned to a rural residential zone to ensure that the lot's use and dimensions conform to the zonrngby-law requirements. The retained lands do not require rezoning. Recommended conditions of the consent would include: rezoning of the entire newly merged lands, copy of the final survey and a Letter of Undertaking confirming the consolidation of the severed lands with the adjacent lands owned by Darryl and Lori King. Attachments 1. Consent Application E82l1I 2. IBI Group memorandum dated August 23,2011 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 101 of 223 S taff Repo rt D20 | 7 -37 B o gart Page2 RECOMMENDATION (TIIAT Council recommend to the Elgin County Land Division Committee the consent application E92lll, submitted by Jeffrey Mark Bogart, be granted subject to the following conditions: 1. copy of the final survey be provided to the municipality 2. Letter of Undertaking providing for the consolidation of the severed parcel with the adjacent property as per the application 3. rezoning of the proposed newly merged lands to conform to the Zoning By- law requirements Resp ectfully submitted, Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 102 of 223 ffi 3" å.¡XI{ 3ltYorrrcATroN FoR coNSENr ruud,.'u"LolubJ'UJ"l Name of owner's solicitor or authorized agent Address Telephone Number Please specify to whom all communications should be sent: Owners ( f )Solicitor ({ )Agent ( ) 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other: charge (c) 4. (a) Number and use of buildings and structures (both existing and severed: X addition to a lot lease easement correction of title other purpose Name of person(s), if known, to whom land or interest in land is to be transferred, leased or charged: D¿t¡yl l{¡"1 a,^¿ L""ì k'".I lf a lot addition, identify the lands to which the parcel will be added: Location of land: Concession No.ID Lot(s) No.7 { Registered plan No. Name of Street 'Brgf A¡;s Street No. (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (X) lf Yes, describe the easement or covenant and its effect: 5.Description of land intended to be severed: (Accurate Mæ91ilV)"nt Frontage Existing Use Proposed Use ,n<,.Jn,"*ìo'l (b) m proposed) on the land to be Telephone Number 6. Description of land intTgþ (rfr å).u'n"d, (i*":i: y:asurements in Metric) Frontage Depth t144"1 Area frt 2 Ä.u4æws Existing U"e @ Proposed Use Number and use of buildings and structures on the land to be retained: 45O Sunset Dr¡ve St Thomas, On N5R 5V1 Phone: 519- 631-1460 M.elgìn-county.on ca Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 103 of 223 -2- 7. 8. Number of new lots proposed (not including retained lots) Type of access for proposed and retained lot (check appropriate space) ryPE Provincial Highway Municipal road, maintained all year Municipal road, seasonally maintained Other public road Right Of Way Water access PROPOSED LOT ,4OOTN¿,J RETAINED LOT () (x) () () () () () (x) () () () () lf proposed access is by water, what boat docking and parking facilities are available on themainland? (specify) 9. What typ,e of water supply is proposed: (check appropriate space) TYPE Publicly owned and operated piped water system Privately owned and operated individualwell Privately owned and operated communal well Lake or other water body Other means (specify) 10. what type of sewage disposal is proposed: (check appropriate space) ryPE PROPOSED LOT system Privy Other means (specify) () () RETAINED LOT () (ú) () () 12. 13. 15. 11. When will water supply and sewage disposal services be available? Ar,rrJr,,lfu"* What is the Zoningl if any, of the subject land? 8..,,,tr* n*,'o f 14. Has the subject land ever been the subject of an application for approval of a Plan of Subdivision or a Consent under the Planning Act? Yes (f,) No ( ) Unknown ( ) lf Yes, and known, provide the application file number and the decision made on the application l2 rr.¿v,¿*s cø^se^-k Çr rzsiJ*.d;l l^,'(J,Àt loi= . If this application is a re-submission of a previous consent application, describe how it has been changed from the original application 16. (a) Has the owner previously severed any land from this holding? /¿ What is the Existing Official'PIan designation(s), if any, of the subject tand? Yes (X )No( ) Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 104 of 223 -3- (b) lf the answer to (a) is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Relationship (if a Use of parcel Qr¡.¿l*.{ì.i lo*s Date parcel created lqq I 17. ls the owner, solicitor, or agent applying for additional consents on this holding simultaneously with this application, or consìdering applying for additional consents in the future? Yes ()No (Y) 18. ls the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ()No (r¿ ) lf Yes, and known, specify the Ministry file number and status of the application 19. ls the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes () No (b lf Yes, and known, specify the appropriate file number and status of the application 20. ls the application consistent with policy statements issued under subsection 3(1) of the Planning Act? Yes (n No -08) 21. ls the subject land within an area designated under any provincial plan or plans? Yes ( ) No (V) lf yes, does the application conform to or conflict with the applicable provincial plan or plans 22. SKETCH: The application shall be accompanied by a sketch showing the following: - the boundaries and dimensions of the subject land, the part that is to be severed and the part that is to be retaÌned; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest township lot line or landmark, such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application, such as buildings, railways, roads, watercourses, drainage ditches, river or stream banks, wetlands, wooded areas, well and septic tanks; - the existing use(s) on adjacent lands; - the location, width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance, a public travelled road, a private road or a right of way; - if access to the subject land is by water only, the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 105 of 223 -4- 23' The Owner/ApplicanUAgenthereby authorizes Lând Division Committee members and thecorporation of the..county of Elgin staff to enter onto the suu;ãct property for inÀ puìôðsu orSite inspections with respect to this application. 24. The ApplicanUOwner/Agent here re of thè d in thisApplication pursuant to Section r 63, S.O ìo providefor Freedom of lnformation and erVacy i LocalBoards. Dated at the AFFIDAVIT OR SWORN DECLARATION of fu" of ottne 'founs Å,,n in the County ot 'ê iF rui . solemnly declare that all the information contained in this application is true, and lAlVe make thissolemn declaration cons^cientiously believing it to be true, anä knowing that it is of the same force andeffect as if made under oath and by virtue oJ the OANAóA EVTDENCE Acr. DECI-ARED before me at the Sþnatlre / Signature i,'äif,i#Ji;:itroradonortüo ., lf this application is signed by an agent or solicitor on behalf of an applicant(s), the owner,s authorization must accompany the application, lf the applicant is a còrporatìon acting without agent or solicitor, the application must be signed by an officer of the corporation and the seãl, if any, riust be affixed. It ìs required that one copy of this application be filed, together with one copy of the sketch described, with the responsible person, accompanied by a fee of - $750.00 in cash or by cheque made payable to TREASURER, couNry oF ELGIN An additional fee of $250.00 will be charged for affixing the consent stamp. , SOLICITOR ORAUTHORIZED AGENT ilARGARtf UNDERIIIIL, ¡ Comnü¡lot¡r\ tt$ Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 106 of 223 APPENDIX ''A" The County of Elgin Land Division.Committee requires that, in addition to the "Application for Consent", thefollowing information be completed for all applicaiions: 1, Are there any barns located within 300 metres of the subject of this application?Yes1)Q No() lf the answer is "YES" are these barns:i) Now used for livestock? yesiD Capable of being used for livestock? yes 0¿t (rc ) No() No() NorE: lfyou answered "YES" to #1. pLEAsE coMpLETE THE DATA SHEET BELow CALCU!-ATFI.H E MI NtM UM DISTANCE S EÞARATION REQU I REM ENTS FoR NO¡¡-FAßM.USES ESTABL¡SH|NG OR EXPANDING tr,,tGLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS- ln order to calcl'llate the minimum distance separation, the following information is required for each livestockfacility within 300 metres of the proposed severance and tocated oñ a séfaiate tot runrvle Ro¿lvnb*¡*-P.t,>y -ra.rpt, TELEeHoNE 6n)gøa"¡sys ]owNSH P F-ät",* t Lor 4 coNc. at TO BE COMPLETED BYAPPLICANT TILLABLE HECTARES (where tivestock facitity located) Z6 Type of Livestock Maximum Housing Capacity Number per Year Manure System Housing System check type UlìIKY0 Cows0 Heifers0 Calves '70 3Õ êo t/ Tie Sta Free,y Loose tststst-0 Cows0 Calves0 Feeders0 400-750 tb.0 400-1100 Ib. Open Lc & Barn Total Confine- ment sWINE0 Sows0 Boars0 Weanlings 0 Feeders I'UUL I I{Y0 Laying Hens0 Breeder Flock0 Pullets0 Chicken Broilers0 Turkey Broilers0 Turkey Hens0 Turkey Toms0 Roasters Caged On Floor SHEFP-RamcRFu¡oc RABBITS VEAL CAI VFS /Q OTHER MANURF STCIRÂêtr. DRY SEMI.SOLID uQutok*, orn' a&, Open Pile /openPile 7 Covered Tank Above Ground Uncovered Tank Below Ground Uncovered Tank Covered Pile Storage with Buck Walls Open Earth Sided Pit t7- Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 107 of 223 'rt È 1 M, 7" B. f.r¿r."| l$$ I-r \/ Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 108 of 223 CAUÏON THIS IS NOT A PLAN OF SURVEY AND SHALL NOT BE USED FOR MANSACTION OR MORTGAGE PURPOSES. SKETCH PREPARED FOR SEIERANCE APPIJCAÎON PART OF LOT 4 CONCESSON 10 GEOGRAPHIC TOITI{SHIP OF BAYTIA}¡ MUNIqPAUTY OF THE TOIVI.¡STIIP OF BAYI{AM CdJNTY OF ELON )Tô 10 BAYHAIV @ coenrolT zoo2 KrM HUSTED suR\EytNG LTD. IHE REPRODUCTON,AL'IERATION,OR USE OF THIS REPORT IN WHOLE OR IN PART WTHOUT THE WRITTEN PERMISSION OF KIM HUS'IED SURVEYNG LTD. IS STRICTLY PROHIBIÏEDNOTE LOT DIMENSIONS ARE AS SHOWN ON REGISTERED PLAN AND HAVE NOT BEEN VERIFIED BY FIELD SURVEY. KIM HUSTED SURVEYING LTD. NOT TO SCALE TOWNSJ-]IP OF BEST IINE DETAIL KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARIEY STREET, TLLSONBURG, ONTARIO, N/TG 3J8 PHONE: 519-E42-363E FAX: 519-642-3659 PROJECI 11-94015 REFERENCE: FILE Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 109 of 223 S t a f f R e p o r t D 2 0 1 1 - 3 7 r e g a r d i n g " B o g a r t C o n s e n t E 8 2 / 1 1 " . F i l e : D 1 0 . 1 1 B O G A R T P a g e 1 1 0 o f 2 2 3 lBl Group 203-350 O)dord Street West London ON N6H 1T3 Canada tel 5194727328 tax 519 47293il Memorandum To/Attention From Subject Municipality of Bayham Date August 23,2011 Tamara Tannis, MCP, MCIP/RPP Project No 3404-518 Consent Ê821'l 1 : Bogart Minor Lot Addition / Conveyance Part Lot 4 and Part Lot 5, Concession 10; Best Line Purpose To convey a 3365 m2 parcel of land from an 87.6 ha (216.5 acre) agricultural lot to a lot with an existing dwelling unit. Site Context Part Lot 4 of the subject property is located along the northwest boundary of Corinth, north of Best Line, while Part Lot 5 abuts the northem boundary line of Corinth to the west of Culloden Road. Lands to the north, west and south of the subject property are agricultural use and zoned Agricultural (A1/41-A). A dairyfarm, Rodenburg Dairy, is located directly south of the subject lands at Part Lot 4, Concession 9, and is 36 hectares in area, contains a dwelling unit and livestock barn that includes the following dairy livestock count: approximately 70 cows, 30 heifers and 20 calves (120 total). Subject Lands: Proposed Severance & Conveyance The subject lands consist of Part Lot 4 and Part Lot 5, Concession 10 and are 87.6 (216.5 acres) in area, designated Agricultural, with special policy area Natural Gas Reservoir to its northern portions, and zoned Agricultural (41-A). The subject lands have a lot frontage of 179 metres (587.4 ft) along Best Line, a lot depth/frontage of 1,444 metres (4,738 ft) along Culloden Road, a lot frontage of 549 metres (1800.9 ft) along Pressy Line to the north and a lot depth of 1375.3 metres (4512ft) along the western lot boundary. The lands are in agricultural use and used for crop production. A residential dwelling unit is located on Part Lot 5, Concession 10 north of Corinth with access from Culloden Road and contains a well and septic s¡atem. The two dwelling units were in existence prior to the passing of Zoning By-law 2456'2003. The land to be severed and conveyed is 3,365 m2 in area and is located on Part Lot 4, Concession 10- These lands are zoned Agricultural (41-A). The property contains a silo, two accessory buildings and water well used by the lands to which the severed lands will be conveyed. The lands to which the severed portion is to be conveyed, is 1931 .5 m2 (20,790 ft'¿) in area and contains a dwelling unit and accessory building. This property is zoned Agricultural (41). Official Plan Minor Lot Adjustments, Section 4.2.1.15, such as minor lot additions are permitted in lands designated Agriculture provided that no new conveyable lots are created. The proposed severance and conveyance will not create a new conveyable lot as the severed lands are lBl Group is a group of ñms providing profess¡onal servlces and is affiliated with lBl Group Arch¡tects Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 111 of 223 lBl Group liemorandum Municipality of Bayham - August 23, 2011 landlocked and do not have lot frontage along a public or private road. Section 4.2.1.10 states that Council must give consíderation to the need for the severance; the agricultural capabilities of the severed land; the types of agricultural activities on the severed lands; and the flexibility of parcels to accommodate future changes in farming; and the requirements of the Zoning By-law. The lands to be severed represent property that is used as one contiguous parcel. The current rear property line of the lands to which the severed lands will be conveyed, crosses through an existing accessory building on the property. Further, the dwelling unit's water source is on the lands to be severed. Through aerial photography, it is demonstrated that these lands operate as one parcel and have done so for several decades. Section 8.7.7 states that lot adjustments and lot additions are permitted in any land use designation provided the severed and retained parcels comply with the requirements of the Zoning By-law. Section 4.2.6 Oil, Gas and Salt Resources provides policy that states that exploration and production of gas resources are permitted in all land use designations except Urban Areas. No "special policy area" section exists regarding the subject lands. Zoning ByJaw 2456-2003 Both subject properties are zoned Agricultural- The subject lands that are to be severed are zoned Agricultural (A1-A) while the lands to which the severed portion will be conveyed is zoned Agricultural (41). The Agricultural (41/41-A) zone requires a minimum lot area of 20 ha in the A1 zone and 40 ha in the A1-A zone: Both lot sizes require a lot frontage of 1 50 metres. The lands to be retained have three lot frontages of fl9 m, 1,4M m, and 549 m that exceed the minimum 150 metre lotfrontage requirement. The lot dimensions of the retained parcel meet and exceed the zoning requirements of the A1-A zone. The lands to be severed are landlocked and will increase: the lot depth of the property to which it is conveyed from 38.4 metres (126 ft) to 1 11.34 metres (365.3 ft); and the lot area of the property from 1931.5 m2 (20,790 ft') to 0.53 ha (1.3 acres). The lands to which the severed land will be conveyed has a 50 m lot frontage that is 100 metres less than required in the Al zone. Conclusion Based on the Official Plan and Zoning ByJaw analysis above, the severance of the 3,365 m2 parcel of land and conveyed to the adjacent landowners' parcel is supported with the following conditions: . That the severed lands are merged on title with the parcel to the south; and o That the newly merged lands be rezoned to a residential zone such as Estate Residential (ER) or Rural Residential (RR) zone to ensure that the lot's use and dimensions conform to the Zoning By-law requirements. No rezoning of the retained lands is required. iUs IBIGROUP Tamara Tannis, MCP, MC|P/RPP Consulting Planner to Municipality of Bayham Staff Report D2011-37 regarding "Bogart Consent E82/11". File: D10.11BOGART Page 112 of 223 CORPORÄTION OF THE MT'NICIPALITY OF BAYHAM STAFF REPORT TO: Mayor and Council Members DATE: August 26,2011 FROM: Planning Coordinator/Deputy Clerk FILE: DII.HIEM SUBJECT: Ifiemstra Site Plan Agreement/By-law 20ll-075 NUMBERz D20II-40 Purpose To recommend approval of a Site Plan Agreement with Brian and Jeanette Hiemstra (Wieler's Fumiture Gallery). Background Brian and Jeanette Hiemstra have applied to the municipality for a Site Plan Agreement for the industrial portion of their property located at 53930 Eden Line. The owners are proposing to develop the propertyby adding an additional manufacturing/industrial building with accessory commercial and residential uses. The entire property is designated "Agricultural" and "Industrial" in the Official Plan and zoned Agricultural (Al) and Rural Industrial (M2) in the Bayham ZoningByJaw 2456-2003. The lands are subject to site plan control. Staff Comments The owners have previously been granted minor variances for the reduced side, rear yard setbacks and the reduced lot area to permit the residential use under Minor Variance Application A-04lIl granted May 5, 2011. The owner's have also applied to the County for consent to sever the industrial portion of the lands from the agricultural portion. The consent application will be presented to Council at the next regular meeting for consideration. The site plan drawing shown as Attachment"C" to the Site Plan Agreement shows the layout proposed for the new building with the required parking/loading spaces, field bed and fire flow storage pond. Being that the owners plan to sever the industrial portion from the remaining agricultural lands, a letter of undertaking is required to confirm the permanent access to the proposed future ofÊsite pond. The text of the site plan agreement is in accordance with the standard form of agreement previously approved by Council. The Agreement and authorizingBy-law are presented to Council for enactment. Attachments 1. Site Plan Application 2. Draft By-law 20ll-075, Site Plan Agreement attached as Schedule 'A' Strategic Plan Goal(s) Goal # 3 - Create a positivebusiness atmosphere Goal # 6 - Provide and encourage attractive lifestyle choices Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 113 of 223 Staff Repoft D20l I -040 Hiemstra RECOMMENDATION Page2 TIIAT By-law No. 2011-075, being a By-law to authorize the execution of a Site Plan Agreement with Brian and Jeanette Hiemstra and the Municipality of Bayham be presented for enactment.tt Respectfully submitted, Planning Coordinator/Deputy Clerk Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 114 of 223 COMPLETE: FEERECEI\¡EDI$._W"Ø- MrrMcrpALrryo.BAynAM Rc/#tts/ó2 SITE PLAN APPROVAL APPLICATION FORM The rmdersigned herebyrequæt the Mrmicipality of Bayham to consider a Site Plan Contol applicatioa prrrsuant to Section 41 effte plenni¡g Act ou the lands hereinafter described. This applicatioa is accompaaied by a fee of$2000 ($1000 fee & $1000 deposit) by cash or cheque made papble to the Muntcþatity of Bayham- 1. BACKGROI'D{D INtrÛRI!Í/\TION a) Applicant'sNane Brian and Jeanette Hiemstra Applicant's Mailing Addrcs s 10 Talbot Street W. Aylmer, Ontario, NsH lJ7 TelephoneNumbç¡ (519)765*4386 FærNumbcf (519) 765-4608 b)Registered Ouaer (if other tlra¡ applicant) Fax Nr¡mber PlanNo. o¡ Concession RefermcePlan d) e) Ð Ð ownedsaddræ r r%¡k SS%" an^t /,.t rd"pnoo"tf,ffo <-/? fsd z/3 8b c)Location of Subj€ct Land - I-otNumbü(s) PartNumbø(s) 911 Address (ifany)53930 Eden Line The subjcct lanrl is located on the North side of Eden Line between Culloden Road and Sorinoer Hill Road Existing use of Subject properfy ' Fumiture Manufacturing Facility Specific indication ofproposed uses oflantl a¡rd buildi¡gs Construct a new facility for storage, office, sales, and a dwelling unit. Offi cial Plan Designation Zoning ByJaw - EristiagzoDitrg M2 - lndustrial - RequesteilZoning M2 - lndustrial Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 115 of 223 2. SITEINFORI,IATION a) Zoningftovisions REQT IRED PROPOSED Drívewayïtridth Handicap Spacæs Other(Specit) Total GrouadFloorA¡ea (iacluding sdsting & proposed) Numba of Storeys proposed g¡ilái¡e Height Proposed Total Gross Floor Área Proposed (including erdsting and proposed) 3. COMPLETEASAPPLICABLE:A) MULTIÏPI,EFAMILYRESIDEI{THL [NOIAPPI|CAbIE] 30.0m 70.59m 68.73m 4950m2 4656.49m'?(Approved - Minor Variance) 35o/o 23.460/o 12.0m 22.30m 10.0m 20.84m 7.5m 7.50m 1092.6m'z 7.0m 1739.8m2 Lot Frontage LotDçpth I¡tA¡ea Int Coverage FrontYa¡d Rea¡Ya¡<l Interior Side Ya¡d Exterior Side Yard (comer lot) Landscapeil Ope,n Space (70) No. ofParking Spaces 33 35 No. oflnading Spacæs Width ofPlanting Sfüp 4.5m 9.0m (MA$ 8.0m 2 Off-Sheet Pa¡king an<l I¡adine Facilities Total n¡mber of off-ste€t parking spaces existing Number of off-sheet parking qpaces proposed (include existing & proposed) Number of ofr-sheet loading facilities ocisti¡g Nr¡mber of off-sbeet loading åcílities goposed (include existin! & proposed) b) ProoosedBuíldineSize: Cround Floor Area of Existing Buildings$) 646.7m2 .GrouadFloor A¡e¿ ofProposed Development 445.95m2 Iandscaped Area sflü Conversion or Addition to B:risting Resiileotiul g¡¡ilrlingr Yes_ No_ Amenity aod/or Chiltlren's Play Area Yæ_ No_ T]NITBRE.{XÐOWN TyPe Baeåelo¡ OneBed¡oom . TVvo.Bedroom Th¡eBed¡oom Nantber of Aníß .Floor areø of Unlt Type Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 116 of 223 3. a) COMPLETE AS APPLICABLE: - (cont'd) MU&-TIPLEFAIVILYRESIDENTIAL-(cont$ Other Facilities provided (eg. play facilities, undergounrl prking garnes roo¡Ds, swimmingpool; etc.) COMMERCIAUINDI'STRIAI,/INSTTTUTTONAI/OPEN SPACE OR OTEER USES (as applicable) No. ofNew Buildings Proposed One (1) b) Conversion or Addition to Existing l¡flrring Describc New Building Yes_No__¡_ tl,7t? Gross Floor A¡ea (breokilown by t¡pe ofusq - office uea, retail, stoiÉage, manufacturingarea,etc) Commerial/Retail:Residential: 288.40m2 etc.) Fumiture Manufacfurino No. of StaffProposed - Initially Open Storage Required Infutue (5 'rs) 2 Nox // Deputy Clerk oftüe Corporation oftùc Änacbment¡: rn" n#'å'iil#?fifit*11¡*ut *th s.hrdor.-,ä' oory Seating C.apacity (for rest. or Desøibe Tlpe of Business Proposed Dæcdbe T)'pe of Use Proposed Office Space, Showroom, Fumiture Assembly, Storage No. ofBed Gr,oss Floo 7 ml (eg. ofreæ, il 1- Desøibe t¡pe, location, anil buffering (if aoy) Phasingif any Lanilscaped ^Area 1789.32 sqln Ifresideotial useproposed as part of, or accessoryto coomøciaVin<lustrial/open spacdother usg please specify TWe Namber of Unìts Floor arca of Unít T¡tpe Bachelor OneBed¡pom Tþo-Bedroom Th¡ee.Bed¡oom -, 288.40m2 Datedthis ofthe -4ftøctêz4or64" inue Gur,rr,¿ "f éhÀ DO SOLEMNLY DECLARE TEAT: All of.the stateüenb contained in this applicatìon a¡e tnre and I make this sole,mn decla¡ation conscientiouslybelieving it to be bue and knowing that it is of the same forco a¡d effect as ifmade under Oath and by virtue of the Canada Evidence Act. UNDERHILiT ¡ Conntslo¡crr rlg Sísnafi.re of Owner / Slfnattre of Owner / Å.gent Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 117 of 223 THE CORPORATION OF THE MUNICTPALITY OF BAYHAM BY-LAW NO.2011-075 BEING A BY.LAW TO AUTHORIZE TIIE EXECUTION OF'A SITE PLAN AGREEMENT \ilITH BRIAN AND JEANETTE TIIEMSTRA (WIELER'S FURNITURE GALLERÐ WHEREAS subsection alQ) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an official plan an area is shown or described as a proposed site plan control area" the council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 4l of the said Planning Act. AND WHEREAS subsection 41 @) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municþal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter in to a site plan agreement with Brian and Jeanette Hiemstra. NOW THEREFORE TIIE COI]NCIL OF TIIE CORPORATION OF THE MT]NICIPALITY OF'BAYHAM ENACTS AS F'OLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Brian and Jeanette Hiernstra affrxed hereto and formingpartofthis By-law as Schedule".L". 2. THAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. READ A FIRST AND SECOND TIME this l't day of September 2011. READ A THIRD TIME AND FINALLY PASSED this l't day of September 2011. MAYOR CLERK Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 118 of 223 SITE PLAN AGREEMENT BETWEEN Brian and Jeanette Hiemstra 53930 Eden Line Concession 9 S Part Lot 4 Roll # 34-01-000-005-04708 AND THE CORPORATION OF THE MT]T\ICIPALITY OF BAYHAM Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 119 of 223 THIS AGREEMENT made in duplicate this _ day of BETWEEN: 2011. BRIAN AND JEANETTE HIEMSTRA Hereinafter called the (O'WNER" OF THE FIRST PART .AND- THE CORPORATION OF THE MT]NICIPALITY OF BAYIIAM Hereinafter called the .(MUNICIPALITY" OF'THE SECOND PART WIIEREAS the Owner is the o\ryner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Concession 9 S Part I-at 4, more particularly described in Attachment "4" attached hereto (and hereafter referred to as the '(Lands"); AND \üHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municþality as a site plan control area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan attached hereto, as Attachment "C" (and hereafter referred to as the íPIan'); AND \ilHEREAS the Council of the Corporation of the Municipality of Bayham now deems ít necessary to enter into a site plan agreement with Brian and Jeanette Hiemstra. NO\il THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: l. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality, and further agrees that work will not commence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made apart of this Agreement, as fully and to all intents and purposes as though recited in fullherein: Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 120 of 223 ATTACHMENT *A'' - LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT "B" - CERTIFICATE OF COMPLIANCE ATTACHMENTS "C'' - SITE PLAN AND SITE SERVICING PLAN 3. Attachment "4" hereto describes the lands affected by this Agreement. 4. Attachment "C" - Site Plan and Site Servicing Plan, shows: a) the location, height, dimensions of all buildings and structures existing and/or proposed to be erected; b) the location of vehicular entrances and exits; c) the location and provision of ofÊstreet vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations (if deemed necessarybythe Municipality); e) fire flow storage pond Ð private septic tile bed g) existing well water supply for residential and industrial buildings 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner further agrees that (as applicable): a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit, if applicable. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike mafiner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Cons tructíon Safety Act. Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 121 of 223 8. 9. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. Ð unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gtavel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stocþiled on any other portion of the Owner's lands except those lands identified in Attachment "A" to this agreement; and all topsoil shall be stocþiled and maintained in a manner which allows for the maintenance of weeds; and the Municþality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal tætes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazar d to public right-of-ways. Ð the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipalit¡ in addition to any other remed¡ may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municþality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. l) nothing in this Agreement constitutes waiver of the owner's duty to comply with any byJaw of the Municipality or any other law. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatorybodies such as, but not limited to, the Long Point Region Conservation Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 122 of 223 Authority, the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. ll.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner, within thirty (30) days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipalit¡ interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipalit¡ and signed by the said Architect or Professional Engineer, certifying that all construction andlor services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15. In the event of any servant, of;ficer or agent of the Municipalit¡ determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16. In the event of any servant, officer or agent of the Municipalit¡ upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 123 of 223 last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafterprovided. l7.ln the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactor¡ by resolution, which shall constitute a final determination of the matter. 18. In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. 19.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section 17 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, lhe Council of the Municipality of Bayham, may by byJaw, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipality, at the expense of the Owner, which expense may be recoverable by action as municþal taxes, or from the Letter of Credit deposited as performance security. 20. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described in Attachment "C", it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The Planning Act,1990, herein before referred to. 2l.T\e Owner agrees to pay to the Municipality all adminishation costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22. LI ABTLITY INS URANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occurrence, and in a form satisfactory to the Municipality, indemniting the Municipality ûom any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 124 of 223 development is complete and all required documentation as per Article 15 has been filed with the Municþality. 23. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before September l. 2012. It will be the Owner's responsibility to require, in writing, an extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $ niL The Letter of Credit will be based on the estimated cost of alterations to public propert¡ roadway, curbs and gutters and drains, and any repairs for damages to public property, roadwa¡ sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, Attachment "C", which are approved under this Agreernent. The Municipality shall establish the amount of the Letter of Credit. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at any time or in part, from time to time, upon written notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 24. This Agreement and the provisions thereof do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 25.IrL the event that no construction on the said lands has commenced within one (1) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 26.T-he Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemniff the Municipalit¡ from all losses, damages, costs, Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 125 of 223 charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 28. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Acl, R.S.O. 1990, shall apply. 29. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30. A Certification of Compliance attached hereto as Attachment "8", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. I have the authority to bind the Corporation. Witness Brian Hiemstra Jeanette Hiemstra THE CORPORATION OF BAYHAM OF THE MI.INICIPALITY Paul Ens, Mayor Lynda Millard, Clerk Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 126 of 223 ATTACHMENT 'A' PropertyAssessmentRollNo.: 34-01-000-005-04708 Municþal Address: 53930 Eden Line LegalProperty Description: Concession 9 South Part Lot 4, Registered Plan 11R3741 Part 3, Municipality of Bayham, County of Elgin PIN # 11 Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 127 of 223 ATTACHMENT'B' THE CORPORATION OF THE MUNICIPALITY OF BA]'HAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION : Municipal Address: 53930 Eden Line Property Roll#: 34-01-000-005-04708 Owner(s): Brian and Jeanette Hiemstra This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement By-law No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. Witness Brian Hiemstra Jeanette Hiemstra Address: T2 Phone Number Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 128 of 223 Ar-rncHm€N7 tta it Staff Report D2011-40 regarding "Hiemstra Site Plan Agreement / By-Law 2011-075". Page 129 of 223 Page 130 of 223 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: August 26,2011 FROM: Planning Coordinator/Deputy Clerk FILE: D14.BEST SUBJECT: Best Line FarmsA/anleeuwen Surplus Farm NUMBER: D2011-38 Dwelling Rezoning Public Meeting September 1,2011at 7:30 p.m. Purpose To consider arezoringapplication to satisfy condition of Consent El3lll for a surplus farm dwelling. Background A rezoning application submitted by Best Line Farms Ltd. & Antonia Vanleeuwen proposes to rezone their property being 39 hectares (96 acres) located in Concession 9 Lot 9, north side Best Line, west of Somers Road. The subject lands are zoned Agriculture (Al) in the Zoning By-law No.2456-2003 and designated "Agriculture" and "Hazard Lands" in the Offrcial Plan. Purpose & Effect The purpose of the amendment is to change the zoning on the subject lands from the Agricultural (41) Zone to a Special Agricultural (A2) Zone and to a site-specific Rural Residential (RR-l7) Zoneto permit a reduced lot frontage and lot area in theZoning By-law 2456-2003. The effect of this amendment will be to rezone the severed surplus dwelling unit for residential use, while restricting further dwelling unit development on the retained agricultural lands in accordance with the Agriculture section regarding Surplus Farm Dwellings in the Official Plan. Staff & Planner Comments Previously, Council supported a consent application El3lIl to sever a surplus farm dwelling from the subject lands. Rezoning of both the severed and retained lands is a condition of consent as granted by the Elgin County Land Division Committee April 28,2077. Rezoning is required for both parcels in accordance with the Agriculture policies of the Official Plan. The Official Plan policies Section 4.2.1,12.3 regarding surplus farm dwellings states the severed lot with the surplus farm dwelling may include accessory buildings and structures if in the opinion of Council a land use conflict will not be created and where the property has been rezoned to prohibit the keeping of livestock. The severed parcel (surplus farm dwelling) does not contain any accessorybuildings and will be rezoned from Agricultural (41-A) to Rural Residential (RR-17) with site-specific regulations recognizing the reduced frontage of 42 metres where 50 metres is required and the reduced lot area of 0.3 hectares where 0.4 is required in the RR Zone. The retained parcel will be rezoned Special Agricultural (42) to prohibit additional residential development. The retained parcel complies with the applicable zone regulations. Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 131 of 223 Staff Report D2011-38 Best Line Farms/Vanleeuwen page2 Staff and the planner support the rezoning as a condition of consent and recommend approval of the zoning byJaw to satisff the condition of consent. At the time of writing the report, no written comments or objections have been received. Attachments 1. RezoningApplication 2. Draft Zoning ByJaw 2594-2011 Strategic Plan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION THAT the zoning of those lands located on Best Line in Concession 10 Lot 9 owned by Best Line Farms and Antonia Vanleeuwen, subject to Elgin County Land Division Consent Application 813/11, be changed from Agricultural (41-A) to Special Agricultural (42) on the retained parcel and Site-Specific Rural Residential (RR-17) Zone on the severed parcel to permit the severance of a surplus farm dwelling; AND THAT ZoningBy-law 2594-2011be presented for enactment." Respectfully submitted, ng Coordinator/Deputy Clerk Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 132 of 223 MUNICIPALITY OF BAYHAM P.O. Box 160 Straffordville, Ontario NOJ lYO Phone (519) 866-5521Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY.LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $/¡!00 (ZoningBy-law Amendment or Temporary Use Zoning ByJaw) o, [!ru (Temporary Use Zoning ByJaw Renewal) o, [þU(ZoningAmendment to Remove Hotding Provision). If the application is not completed in full, the application will be returned. I/WE, Best Line Farms Ltd. & Antonia Van Leeuwen shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Property owner D^loQog , Acsenrr FOR OFFICE USE ONLY DArE REcETvED , ,jr/r rr/,AMouNr REcErvED,{ 2 ooo æ þ /235fo FTLENo: D/ fur DATE ADOPTED BY COUNCIL: 6 óe G¡tstoez¿n -fu 1¡r, za 7.',Grsto¿n, Prepnred April 2007 Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 133 of 223 Municipality of Bayham Zoning By-law Amendment Application 1. Registered owner's Name: Best Line Farms Ltd. & Äntonia van Leeuwen Address: !4681 Best Line, RR #4, Aylmer, ON N5H 2R3 Page 2 Phone No. (Home): 519-866-5444 Business: Fax:Email: Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses ofsuch persons. 2. Applicant / Authorized Agent: David Roe Address: 599 Larch Street, Delhi, ON N4B 347 TelephoneNo.: 519-582-1174 When were the subject lands acquired by the current owner? 4. Existing Official Plan Designation: Agricultural How does the application conform to the Offrcial Plan? Surplus dwellings permitted bv OP Fax: 519-582-4616 Please specify to whom all communications should be sent: RegisteredOwner ( ) Applicant/AuthorizedAgent (x ) 3. Legal Description of the land for which the amendment is requested: Concession: 10 Lot: 9 Reference Plan No:Part Lot: Street and Municipal Address No.: 54728 Best Line What is the size of property which is subject to this Application? Area:3066m2 Frontage:42m Depth:73m Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 134 of 223 Mun icip al ity of B ayh am Zoning By-law Amendment App lication 5. Existing ZoningBy-law Classification: A1 What are the current uses of the subject lands? Agricultural Page 3 If known, provide the length of time these uses have continued on this property. Many years If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback Dwelling 7.5m 7m and 10m 20+m 1 storey If known, provide the dates in which each of these buildings were constructed. t974 6. What is the Nature and Extent of the Rezoning? Rezone surplus dwelling to Residential zone 7. Why is the rezoning being requested? To complete conditions of severance Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 135 of 223 tvtunicip al ity of B ayham ZoningBy-l aw Amendment App I ication Page 4 8. Does the proposed Zoning ByJaw amendment implement a growth boundary no adjustment of a settlement area? If so, attach separately justifrcation or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? If so, attach separately justification or information for the request based on the curent Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. (Be Specific) Rezone existing dwelling being severed to Residential zone For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks Setback 11. Services existing or proposed for the subject lands: Please indicate with a { 'Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) PrivateDrilledWell ( x ) ( ) PrivateDugWell ( ) ( ) CommunalWell ( ) ( ) Lake or other Surface Water Body ( ) ( ) Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 136 of 223 Mun ic ipal ity of Bayham Zoning By-law Amendment App li cation Page 5 Other ()() Sewage Disposal Existing Proposed MunicipalSanitarySewers ( ) ( ) IndividualSepticSystem (x ) ( ) CommunalSystem ( ) ( ) Privy()() other()() Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Existing drainage Proposed Outlet: 12, How will the properfy be accessed? ProvincialHighway( ) CountyRoad( ) MunicipalRoad-maintainedallyear(x ) MunicipalRoad-seasonallymaintained( ) Right-of-way( ) Water( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 137 of 223 Municipality of Bayham ZoningBy-law Amendment Application 13. Has the subject land ever been the subject of an application under the Planning Act for: PlanofSubdivision( ) Consent(x ) Zoning By-law Amendment ( ) Ministers ZoningOrder ( ) If yes to any of the above, indicate the fïle number and status of the application. E - 13/11 approved April 28, 2011 Page 6 14. How is the proposed amendment consistent with the Provincial Policy Statement 2005? Severance of surplus dwelline permitted bv ppS 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it wilt form part of the application. Applications will not be accepted without the following. (a) ^'-:'i:i::::":::_ï:_:::",ïfi::ïï"'esubjec"ands sh'wing the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; ' the approximate location of all natural and artificial features (buildings, railways, roads, Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 138 of 223 Mun i cip al ity of B ayh am Zoning By-law Amen dment Application PageT watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses ofthe land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of- way; the location of the parking and docking facilities to be used (if access will be by water only); the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 20. If this application is to accommodate the consent of a surplus fârm dwelling, please provide the following information: Date surplus farm dwelling was erected: 1974 Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands is being consolidated. Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 139 of 223 of (iÐ Municipality of Bayham Zoning By-law Amendment Application Page 8 I / We, David Roe , of the Nanrc I os'rr/ I o rvnship/C ìty/V íllagc ctc, , in the county of Norfolk , do solemnly declare: Nltuicipalit'r Narlc:C ounlr, N¡rnc (Ð that I / We am / are the owner(s) of the lands described above that to the best of my / our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iir) that I /we hereby appoint to act as an Agent on my/our behalf in all aspects of this application. And I /'We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Actt'. DECLÄRED BEFORE ME at the: Owner / Agent Owner / Agent We hereby appoint David Roe to be or agent for this matter.' Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 140 of 223 t.sT r € ¡.t}f e H- Iloûse S-Shed*rrr-trd! Sp- Sepic IS - fmplememtshed B - Bartr Ser¡eredParúd \\\ RetaiÐedParcel il Other lands ormed by applicant or coBPany æÉs-oto EÈe¡ l.- ^dgrbtrhdUs 0È+qr¡fuh= /?A,c¡t &¿ aEi{rrcr Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 141 of 223 TIIE CORPORATION OF THE MIINICIPALITY OF BAYIIAM BY-LAW NO.7,594-2011 BEST LINE FARMSA/A¡{LEETIWEN BEING A BY-LAW TO AMEND BY-LAW No.7A56-2003, AS AMENDED WIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. 245 6 -2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) TIIAT By-law No. V156-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 5, by deleting from the Agricultural (41) Znne and adding to the Special Agricultural (A2) Zone, those lands which are outlined in heavy solid lines and marked A2 on Schedule "A" to this By- law, which schedule is attached to and forms part of this ByJaw. 2) THAT By-law No.2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 5, by deleting f¡om the Agricultural (Al) Zone and adding to the Site Specific Rural Residential (RR-17) Zone, those lands which are outlined in heavy solid lines and marked RR-17 on Schedule "A" to this By-law, which schedule is attached to and forms part of this ByJaw. 3) THAT By-law No.7A56-2003, as amended, is hereby further amended by amending Section 7 Rural Residential (RR) Zone Regulations, by adding the following new subsection: *7.13.17 7.13.17.1 Defined Area RR-17 as shown on Schedule "A", Map 5 to this by-law. 7.I3.I7.2 Minimum Lot Area 0.3 ha 7.13.17.3 Minimum Lot Frontap 42 metres 4) TIIIS ByJaw comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS l't DAY OF SEPTEMBER 2011. READ A SECOND TIME THIS l.t DAY OF SEPTEMBER 2011. READ A THIRD TIME A}{D FINALLY PASSED THIS l.t DAY OF SEPTEMBER 2011. MAYOR CLERI( Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 142 of 223 This is Schedule "A" to By-low No.2594-2011, possed the lst doy of September 2011. MAYOR CLERK 0 25Om 500mI-¡--.-----_----] Scole 1 : 12,5OO MAP No. 5MUNICIPALITY OF BAYHAM SCHEDULI 'A' Staff Report D2011-38 regarding "Best Line Farms / Vanleeuwen Surplus Farm Dwelling Rezoning". Page 143 of 223 Page 144 of 223 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: August 26,2011 FROM: Planning Coordinator/Deputy Clerk FILE: D14.WINT SUBJECT: Wintermute Rezoning NUMBERz D20ll-39 Public Meeting September l,20ll at 7:40 p.m. Purpose To consider arezoning application to permit an oversized accessory building on Estate Residential parcel. Background A rezoning application submitted by Brent Wintermute proposes to rezone his property being 3500 m2 (0.86 acre) located at7376 Toll Gate Road in Concession 4 Part Lot2l, east side Toll Gate Road, south of Calton Line. The subject lands are zoned Site-specific Estate Residential (ER-7) andHazard Land (HL) in the ZoningBy-law No.2456-2003 and designated "Estate Residential" in the Official Plan. Purpose & Effect The purpose of the amendment is to change the zoning by adding additional regulations pertaining to 'Accessory Buildings, maximum floor area' to the site specif,rc Estate Residential (ER-7) and Hazard Land zone on the subject lands in the Zoning By-law of the Municipality of Bayham No. 2456-2003. The effect of this amendment will be to permit the development of an accessory building that may have a maximum floor area of 93 m2 rather than the 55m2 currently permitted. Also amendments are included for site-specific regulations regarding minimum side yard and rear yard setbacks from top-of-bank of 4.0 metres and 8.0 metres respectively, as required by LPRCA. Staff & Planner Comments The Estate Residential zone permits an accessory building to be maximum 55 m2 in floor area. The owner is proposin g a 93 m' accessory buildir g to accommodate boat and trailer storage. Staff and the planner have reviewed the application and support the rezoning for an increased floor area. Further to this, the total building coverage in the ER zone permits 20Yo,where only 8% is proposed. Approval is recommended for the zoning by-law to permit the oversized accessory building. At the time of writing the report, no written comments or objections have been received. Attachments 1. RezoningApplication 2. DraftZoning By-law 2595-2011 3. IBI Memo dated August I0,20ll Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 145 of 223 Staff Report D2011-39 Wintermute Strategic PIan Goal(s) Goal # 6 Provide and encourage attractive lifestyle choices. RECOMMENDATION page2 TIIAT the zoning of those lands located on Best Line in Concession 10 Lot 9 owned by Brent Wintermute be changed from Estate Residential (ER-7) to Estate Residential (ER-8); AND THAT ZoningBy-law 2595-2011be presented for enactment." irg Coordinator/D eputy Clerk Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 146 of 223 MUNICIPALITY OF BAYHAM P.O. Box 160 Straffordville, Ontario NOJ lYO Phone (519) 866-5s21Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY.LAW OF THE MI]NICIPALITY OF BAYHAM This application must be filed with the Planning Coordinator/ Deputy Clerk or designate of the Municipality of Bayham along with a cheque for the required amount The applicant should retain one copy for their records. The information in this form mr¡st be completed in full. This mandatory information must be provided with afee of 82,!g!,ØotueBy-law Amendment or Temporary Use T.ontngByJaw) o, tf!!!. (Temporary Use Zoning By-taw Renewal) o, û!51!! (Zoning Amendment to Remove Holding Provísion). If the application is not completed in full, the application will be retuned. l\Ègul r."¡1¡\Ë t{rrir,.-I r-shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree firat for payment of said additional costs shall be a condition of this signed application. I also agree to accept aII costs as rendered. Property Owner FIOROFFICEUSE ONLY AMOI]NTRECEIVED, fuæO æ '4*t';nfo' FTLENO: 1s t/ Mrur DATE ADOPTED BY COT]NCIL: '/in 61, z'r'oVnt -ro rfo Gn s,t døJÍl? i ner'r+'7 Prepareil April 2frÌ7 Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 147 of 223 Municipality of BaÈam Zoning ByJaw Amendnrent Application Registered Ownerns Name:ßne¡.rf Enr,r.¡iñ uJINneRrnLtrF . Page 2 Address: Phone No. (Home): Fax: S06- 87 t -7Ezct Business: sftÃÉ , LotandConcession(if applicable): ?Açf Utr Ql Cc;"tcessiuA ¿/ ß*V r+nn Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses ofsuch persons. z. @AuthorizedAgent: SÊflÉ ês AßooF . Address: TeþhoneNo.:Fax: Please specify to whom all communications should be sent: RegisteredO*o", ff Applicant/AuthorizedAgent ( ) Legal Dmcription of the land for which the amendment is requested: Concession: 4 Lot Pft<f Zl Reference Plan No: I I ?- - 1 bYO Part Lot:zl St¡eet and Municipal Address No.:717 6 'Toc. G+T€ Rù . Tl¡hat is the síze of property which is zubject to this Application?( !e e ec'uu n n) Area: 3loc¡ .rl" Fronrage: 42. (V ^Q'-{ * When were the zubject lands acquired by the current owner? Horv does the application conform to the Official Plan? Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 148 of 223 Municipality of Bayham Zoning ByJaw Amendment Application Page 3 5. Existing ZnningBylaw Classification: lãSf*tÉ Re<tr.,€ñTtA L -7 ( ER-7\ What are the current r¡ses of the subject lands? Resr beNTgAu If hown, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following Front Lot Line Setback I 5-.rn Rearl-otl-ine Height Setback Dimensions If lmown, provide the dates in which each of these buÍldings were constructed. (-;¿wr, Dt t:-.ê FCr¡. >ú t L) What is the Nature and Extent of the Rezoning? Rç - zoñÊ fÞ BÉr A(3LÉ Tc¡ ßuJ:Lr\ Sf¿ên'ê+i, éñl¿lß*Þf Foa ßn*t é -r ßAær-eß . lThy is the remning being requestcd? Çli rnz -r*1L,.; rigP-É 2_9rJ F_ Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 149 of 223 Municipality of Bayhan Znning ByJaw Amendment Application Pa-ee 4 & Does the proposed 7,oníngBy-law amendment implement a growth boundary adjustment of a settlement area?No If so, attach separately justihcation o¡ information for the request based on the current Offrcial Plan policies or associated OfFrcial Plan amendment. 9. Iloes the proposed amendment remove land from an area of employment?tÙo If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. f0. DescrÍption of proposed development for which this amendment is requested (i.e. permitted usesn buildings or structures to be erected. (Be SpecifÎc) Èu-r¿-ù A 5r¿,RÈþE Ä*zøæ F3R ßoÈr e -lRfiX.ÀE<.-' For any proposed builrlings or structures on the zubject lands provide the followÍng information: Type ¿¡¡zp,r-e. Front Lot Side Lot Line Rear Lot Line Height Dimensions Line Setback Setbacks , Setback 17^' ExÍsting () () ( t/) () Proposed () () () () lÇn l{.t n é trn l{m lo97m v7,1m 11. Services existing or proposed for the subject lands: Please indicaþ with a / Water Supply Municipal Piped Water Supply Private Drilled'V[ell hivate Dug rJ/ell CornmunalWell Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 150 of 223 Municipality of Bayham Zoning ByJaw Amendment Application Pase 5 Lake or other Surface Water Body Other Sewage Disposat Municipal Sanitary Sewers Individual Septic System C-ommunal System Privy Other ( ( ) ) Existing () (y') () () () ( ( ) ) Proposed () () () () () Note: If the proposed development is on a private or cornmunal system and generate more than 45{X) Htres of eflluent per day, the applicant mwt include a servicing optlons report and a hydrogeotogical report A¡e these reports attached? Ñ /n Ifnot, where can they be found? Storrn Drainage Provisions: Proposed Outlet: ro/ pr 12. How will the property be accessed? Provincial Highway ( ) County Road ( )Municipal Road -maintained all year () Municipal Road- seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 151 of 223 I\{unicipality of Bayham Zoning Bylaw Amendment Application Page 6 13. Has the zubject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Conse nt ("t/¡ ZonngByJaw Amendment ( ) Ministers Znnng Order ( ) If yes to any of the above, indic¿te the fiIe number and status of the application. ( \\Q \-\C o t- lr,l 14. How is the proposed emendment consistent with the ProvincÍal Policy Statement 2ü)5? ft ¿eÊ: s c , R Y l\.¡-r¡ i\t^J 65 /tRC. PÉ e,nr. Tr É fl fru T*g A¿.-nr. -tr i -rr.,r RÊL- ù[ ¿-'r,-ñ ,1'T-i-ù A! 15. Are the zubject lanrls within area designated under any Provincial Plan(s)? If the answer is yes' does the proposed amendment conform to the Provincial Plan(s)? Ñc Iil. The Owner is required to attach the followíng information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing ¡ the boundaries and dimension of the subject lands; o the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of drivervays, pa¡king or loading spaces, landscaping areas, planting strips, and other uses; Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 152 of 223 Municipality of Bayham Zoning ByJaw Amendment Application Pase 7 the approximate location of all natural and artificial features þuildings, railways, roads. watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; the current uses of the land that is adjacent to the subject land; the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of- way; the location of the parking and docking facilities to be used (if access will be by water odY); ¡ the location and nature of any easement affecting the subject land. V/ritten comments from the Elgin St. Thomas Health Unit, Long PointRegion Conservation Authority and Ministry of Transportation (if applicable). If a private sewage system is necessary, pre-consultation with ttre Chief Building Offrcial is required about the approval process 18. ¡f this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the applicatíon. If the applicant is a corporatíon acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Infomation as required by Council (b) (c) m.If this application is following information: Date surplus farm dwelling \ryas erec Please provide the assessmentroll number, Iands is being consolidated. the consent of a surplus farm dwelling, please províde the and zoning of the fann parcel with which the subject Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 153 of 223 il{unicipality of Bayham Zoning ByJaw Amendment Application @*o P-'R ÉH:=l vJfu.:;--, eer^n,\Te , of the ot ßÊY H-Êr4 , in the county of PaSE I 01u rrJ-¡¿r'Prq¿.JT'7 ì !,,i ì.',.1,, , i l,ir'- : , do solemnly declare: G) (ü) Cul)that I /we hereby appoint tna@lWe @ / are the owner(s) of the lands described above that to the best o(Ñ]/ our knowledge and belíef, all of the information and statements given in this apptication anlffn aI exhibits transmitted are true. to act as an Agent on my/our behalf in all aspects of this application. A"dG) We make this solemn declaration conscientiously betieving it to be true, and knowing that it is of tlle same force and effect as if made under oath, and by virtue of the "Canødt Evídence Act". Owner /Agentof 20L Owner /Agent DECLARED BEFORE ME at the: in the County/Regio-n of , etc. MARGARTT WDERHILIT ¡ Connhlo¡orr rls Dcputy Clerl ofthc Coryonúo¡ of t!¡ Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 154 of 223 APPLICANT NAME ADDRESS Brent Wintermute 7376 lol-l Gate Rd vienna, On NOJ l-20 Lot Part 2I Concession 4 MunlciPalitY BaYham Registration Plan No.:1-LR-?680 911 Address: 7376 ToIl GaCe Rd s.E. tr Quarter of MunlciPalltY Lot N.E' E See Sketch lnstructions on the following page' IO LL PqeL:c Regi¡etrr¡çr- \.ts€, N.W. Ë s.w. tr â4(Ít-vtt-TußÈu GÊ\-TE Rn. RocrD. ALL DITñENSIONS iIfUST'BE IIU iIÍETRIC qïl', RE S-ZòEn¡r¡flt- t-\ Sf @.97nn( ?.9 rr,r Ñ -+ rf No-tr ,1.3 ^TD? Oç FROnn R*WtrtE, ú\e Nau s Sanke oM -S Irs,r fI!___.-*'._-* RETURN TH¡S SKETCH WITH APPLICATION FORM' NOTE: VVITHOUT N SKCTóú Àr'IAPPLIGATION CANNOT BE PROCESSED Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 155 of 223 \ ig, íeuè),o g,,A fNCE BEf WEEN LOTS 2A .¿\IJD 21 :tlvñtn-+-G TOLL CONCESSJON TOWNSHIP ').|'b FTtm tl BAYHAM ø*è'il¡ i\ d"1\l.l ujo.l \r.l 2 E N.. ò .'l a d 6 9o = 4 EäH ã123e.2 rÉ9ìtr 9H %r I /r !o* h t À.\ À_(c .9.tÈ \Lha %s ùee, {{\ t ù.aa{ q{Ð t ilÈa ///a,9-¡'s II I 21 GÉOgR,¿\P.l-llC 4954 OARAGE Et'" crF LOT Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 156 of 223 lBl Group 203-350 Oxford Street West London ON N6H 1T3 Canada tel 5'19 4727328 tax 5'19 4729334 Memorandum To/Attention From Subject Municipality of Bayham Date Tamara Tannis, MCP, MCIP/RPP Project No Zoning By-law Amendment: Accessory Building, lncreased Maximum Floor area Site Specific Zone Change 7376 Toll Gate Road, Vienna Applicant Wintermute August '1O,2011 uo4-511 Purpose The applicant is requesting a zoning by-law amendment for an increased maximum floor area dimension for an accessory building on an Estate Residential Exception (ER-7) and Hazard Land zoned parcel of land. Section 8.10.2 Regulations for Accessory Buildings, Maximum Floor Area, Zoning ByJaw No. Z4æ-2003 states that the maximum floor area may be 55 m2, while the applicant is applying for a 93 m2 floor area. The applicant proposes to use the proposed accessory building for the storage of a boat and/or trailer. Subject Site The subject lands are located on the east side of Toll Gate Road, south of Calton Line, known as as Part Lol 21, Concession 4, Municipality of Bayham. The subject lot cunently has a lot frontage oI 42.7 m, a lot depth of approximately 91.5 m and a lot area of 3,500 m". A septic field is located between the rear facade of the dwelling unit and the hazard lands to the rear of the property (eastward). The subject lands are designated 'Estate Residential" in the Official Plan and zoned Estate Residentjal Exception (ER-7) and Hazard Land (HL), Zoning By-law No. 2456-2003. Official Plan Policies pertaining to 'Estate Residential' in the Official Plan state that uses shall be restricted to low density, single unit dwellings such as exist on the subject lands. The Official Plan section identifies the location of where'estate residential' uses are permitted in the Municipality and the subject lands are identÍfied. The Schedule'Land Use'A-1 map in the recently amended Official Plan shows that'significant wetlands' abut the subject lands' eastern property line (rear lot line). Section 4.2.2 'Rural' policy of the current Official Plan, subseclion 4.2.2-1.4.d states that buildings and structures must be appropriately setback from municipal drains, watercourses and any associated 'Hazard Lands'. The existing dwelling unit is setback appropriately from the Hazard Lands, and the proposed accessory building appears to be setback appropriately when analyzing applicant's sketch plan against aerial photography and GIS mapping. lBl Group ¡s a group of Íms providing professional seNices and is affiliated with lBl Group Architects Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 157 of 223 lBl Group Memorandum Municipality of Bayham - August '10, 201 I Zoning ByJaw Z456-2003 The subject land is zoned Estate Residential Exception zone (ER-7)and Hazard Land (HL) in Zoning By-law Z456-2003. Permifted uses in the ER zone include: one single detached residential dwelling on one lot; a bed and breakfast establishmenUtourist home; home occupation; home occupation, agricultural; private garage or carport as accessory use; and accessory uses. Permitted uses in the HL zone include: agricultural uses; conservation area; forestry use; public/private parks; recreational uses; plant nurseries; public utility facilities; docks/bridges/culverts; and flood and erosion control facilities. The ER zone requires a minimum lot area of 0.4 ha, a minimum lot frontage of 50 m, a front yard setback of 15 m, a minimum rear yard depth of 15 m, a maximum building ooverage of 2oo/o, and a minimum side yard width of 3.0 m. The exception regulation (the ER-7) for the subject lands is to the rear yard depth wherein any building or stucture must be sited 5.0 mebes from the 212-5 metre contour elevation (of the hazard lands). And further, that no buildings/structures shall be constructed, and no grading of land shall occur below the 212.5 mel¡e contour elevation shown on Schedule 'A', Map No. 62 of the Zoning By-law. The ER zone also provides regulations for accessory buildings in Section 8.10 "Regulations for Accessory Buildings." The regulation stipulates that no accessory building/structure will be located within 3 metres of a side or rear lot line and that the maximum floor area will be 55 m2. The applicant's lot area is 0.05 ha less than required in the Zoning By-law and the lot frontage is 7 m less than required. The existing dwelling unit is setback approximately 28 m from the front yard property line (although 15 m is shown on the submitted sketch). The applicant's sketch plan of the property identifies that the existing dwelling unit's front yard setback is 15 m from Toll Gate Road. Using the Municipality's Zoning By-law 2456-2003, Schedule A, map 62 (AutoCAD map)to analyzethe proposed sketch plan's dimensions, the dwelling unit's front yard setback appears to be approximately 28 m rather than 15 m- The applicant should provide more accurate measurem ents. The cunent building coverage is 5% (e.9. existing dwelling unit). The building coverage of the dwelling unit plus the proposed accessory building would be 8%. On the submitted sketch plan of the site, the applicant has proposed an accessory building that is 11 m x I m for a floor area of 88 m'?(947 sq. ft.), although the applicant has requested a maximum floor area of 93 m2 (1,000 sq. ft.) on the application. The proposed accessory building will have a 15 m setback from Toll Gate Road, a 4.il m side yard setback from the northem property line and a7.7 m separation setback distance from the existing dwelling unit's north side facade. These meet the setback regulations of the ER zone. ln reviewing the dimensions of the proposed accessory building using aerial photography, it appears that the proposed accessory building will also be setback sufficiently from the 2'12.5 m contour elevation along the rear yard of the property. Long Point Conservation Authority The Municipality circulated the zoning by-law amendment application to the Long Point Region Conservation Authority (LPRCA). The LPRCA requires a minimum 4 metre setback from the top-of-bank (ravine). The proposed accessory building will be 4.3 metes from the topof-bank and will meet this requirement. Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 158 of 223 lBl Group Memorandum Municipalig of Bayham - August 10, 201 I Conclusion The requested zoning by-law amendment for an increased accessory building floor area of 93 m2, from the permitted accessory building floor area of 55 m2, in the ER zone is supported. Further, the permissible total building coverage in the ER zone may be 20%, where 8olo is proposed. As well the LPRCA has provided the Municipality with comments regarding the application, and the applicant will meet the LPRGA's requirement to respect the 4.0 metre setback from top-of-bank perimetet. , The zoning by-law amendment for the ERSHazarO Land zoned property may be approved. IBIGROUP Tamara Tannis, MCP, MC|P/RPP Consulting Planner to Municipality of Bayham Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 159 of 223 TIIE CORPORATION OF THE MUIVCIPALITY OF BAYHAM BY-LAW NO.2595-2011 WINTERMUTE BEING A BY-LAW TO AMEI\D BY-LAW No.Z456-2003' AS AMENDEI) WI6REAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZoningBy-law No. 2456-2003, as amended; TIIEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. 245 , is hereby further e "A", Map No. 62, by de Specific Estate Re g to the Site Specific Estat Zone, those lands d lines and marked ER-8 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 2) THAT By-law No.2456-2003, as amended, is hereby further amended by amending Section 8 Estate Reiidential (ER) Zone Regulations, by adding the following new subsection: "8.13.8 8.13.8.1 Defined Area ER-8 as shown on Schedule "A", Map 62 to this By-law' 8.13.8.2 Minimum Rear Yard Setback from the 212.5 Metre Contour Elevation 5.0 metres 8.13.8.3 Building, Structure and Grading Regulations No builãings or structures shall be constructed, and no regrading of land shall occui below the 212.5 metre contour elevation as shown on Schedule'A', MaP 62 to this BY-law' 8.13.8.4 Resulation for Accessorv Building u. Mini-u- Side Yard Setback from Top-of-Bank 4 m b. Minimum Rear Yard Setback from Top-of-Bank 8 m c. Maximum floor area 93 m2" 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planñing Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario MuniciPal Board. Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 160 of 223 READ A FIRST TIME THIS l,t DAY OF SEPTEMBER 2011. READ A SECOI\D TIME THIS l't DAY OF SEPTEMBER 2011. READ A THIRD TIME AND FINALLY PASSED THIS l't DAY OF SEPTEMBER 201I. MAYOR CLERK Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 161 of 223 coNcEsstct'l tv LtÍ 22 Thir i: $hcfilc 'A' to B¡lor No. L395-.ÐOll. Fo!!d th. Itt {oy of Scplcmbcr. 2811, CLEK O SSOm E{I0m Scolc I ; 12.500 MUNICIFALITY OF BAI'}JAM SCHEDULE'IIi Staff Report D2011-39 regarding "Wintermute Rezoning". File: D14.WINT Page 162 of 223 8(b) CORPORATION OF THE MUNICIPALIW OF BAYHAM STAFF REPORT TO: Mayor & Members of Council FROM: Gord Roesch By-law Enforcement Officer SUBJECT: Semi Annual Report - Bylaw DATE: August Ltt,2OI1- r-\FILE: VO t NUMBER: P2Ott-OL6 Purpose Provide Council an overview of the By-law Enforcement Program activities for the First Half of 2OIL. Bv-law Activities Dos Reeistration/Licensins Municipal staff processed 875 dog registration renewals for the first half of 20L1, Dog Tag Sa les - H istorica I 1200 1000 800 600 400 200 0 Year For the first half of 2OtL,5L9,344 was collected in annual fees. The total collected in 2010 was 524,564. As of June 30,2OLL based on 2010 records there are approximately 210 outstanding dog tags. ln August, staff will be sending final notice letters to people suspected of being dog owners in Bayham. NOTE: 20L0 was the first year that a price increase for dog tags took effect. T'ı(â v, ù0r!F a Staff Report P2011-016 regarding "Semi Annual Report - By- Law". Page 163 of 223 Canine Control The Municipality requested the Canine Control Agent pick up 20 dogs from January to June 2OLL. NOTE:2OtLare until the end ofJune. Dogs lmpouned Annnualy 40 35 30 25 20 15 10 5 0 -- I 2008 2009 'rI 2010 Year 2011 The costs incurred by the Municipality for canine control from January until the end of June this year were 57220. NOTE: Costs are for the annual service contract and fees for animals that are not claimed back by owners. Canine Control Costs s1s,000 g Sro,ooosıôØ Ss,ooo SO -T-- ---- --- -- T 2010 Year 2 20tt Staff Report P2011-016 regarding "Semi Annual Report - By- Law". Page 164 of 223 Bv-Law Enforcement The Municipality received eighty (80) complaints pertaining to various Municipal By-laws. NOTE: NOISE COMPLAINTS - Several are received on a weekly basis, all deal with one property. Enforcement is ongoing. Litter¡ng / Dumpine (2) 3Yo cats (1) LYo Environmental lssues (1) LYo Open Aír Burníng (1) 1%ó ¡r¡6¡s611¡ Lo/o Total Bylaw Complaints (8O) Complaints closed vs. ongoing or unresolved. By-Law Closed Ongoing Dog Control 46 2 Yard Maintenance 16 10 Cats 0 I Littering / Dumping 2 0 Environmental I 0 Open Air Burning L 0 Noise 0 I rorAls (801 (661 (141 Staff Report P2011-016 regarding "Semi Annual Report - By- Law". Page 165 of 223 Bv-Law Review Committee The By-Law review committee has met two times. Staff have provided them with information they requested and guidance to keep them within the scope of the mandate as set by council. The committee has reviewed the Property Standards and Yard Maintenance By-Law's in Bayham as well as several other area municipalities. Several committee members have talked to residents and received valuable feedback, Early in the third quarter of 2011 there will be a survey available for residents to fill out in order for the committee to gather more information from the general public. It is the goal of the committee to bring recommendations back to Council in the fourth quarter of 2011. Strategic Goals Goøl #4 - Be Dedicated to service excellence. Recommendation 'THAT Staff Report 2011-016 regarding the 2011Semi-Annual Report - By-Law be received for information". Respectfu lly submitted, 4 Staff Report P2011-016 regarding "Semi Annual Report - By- Law". Page 166 of 223 A.^qr,.>1 Çlrr '¡íC- áo rr -3bt CORPORATION OF THE MUNICIPALITY OF BAYHAM TO: FROM: SUBJECT: STAFF REPORT Mayor and Members of Council G. Roesch Fire Chief/CEM C/By-law Enforcement Officer Fire and Emergency Services DATE: July 26,2OLI F|LE: P lø NUMBER: P2OII-OL7 20ll SemiAnnual Report Purpose Provide Council an overview of Fire Department activities during the first six months of ZOIL. Emergency Responses: OVERVIEW: The Bayham Fire and Emergency Service responded to 72 emergency calls for service in the first half of 2OLL. During the same períod in 2010 the department responded to 55 calls for service. 2011 statistics represent a 3L% increase over 2010 statistics. Calls for Service:72 Calls for Service Other (s)Bayham Jan-June 20tl, 8% Rescr.re (1) 2%" Public Hazard ( 14) I3%o Fire (7) LOY" Page 1 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 167 of 223 Calls for Service - Station L other,(2tstation 1 Jan-June 2oLL Calls for Service - Station 2 40 Calls for Service Fire (3) 7%o 32 Calls for Service Other (3) 9016 Station2 Jan-June 2OLL Rescue (O) Oo/o MVC (2) 60Á Fire (4) Page 2 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 168 of 223 MEDICAL INCIDENTS: The Bayham Fire and Emergency Services responded to 34 Emergency Medical lncidents. Medical incidents represented nearly 47% of all the calls for service that we responded to. lt is important to note that Emergency Medical Services is an upper tier responsibility. At this time, the County does not have any EMS services based in Bayham. The nearest EMS services respond to Bayham from Tillsonburg or Aylmer. The breakdown is as follows: Short of Breath - VSA / CPR Required - Chest Pain / Heart Attack - Trauma - Seizure - Other - Totals - Fire (Structure / Vehicle) - No Loss Outdoor - Open Air Burn (Unauthorized)- Pre-Fire Conditions - Open Air Burn (Authorized)- Totals - L7 (23.6Lo/o) 2 (2.77%l 8 (Lt.tLo/o) (o.o%) (2.77o/ol (6s4%l (47.22%l 5 (6.e4%) L (r.38%l o (o.o%l 0 lto.o%) L lL.38o/ol 7 (9.720/61 34 FIRES: The Bayham Fire and Emergency Services responded to 7 fire related calls. Fire calls represented nearly 10% off the calls for service thus far in 2011. lt should be noted here that fire calls include grass fires, structure fires, appliance fires and vehicle fires where there is a dollar loss associated with the fire. I have also included calls where there are pre-fire conditions present when we arrived on scene. The breakdown is as follows: Page 3 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 169 of 223 OTHER CAILS: The Bayham Fire and Emergency Services responded to a total of 31 other types of emergencies or situations where the caller perceived an emergency. This represents 43o/o of the department callvolume. The breakdown is as follows: Motor Vehicle Collisions - 4 (5.55%) Fire Alarm Activation - 7 (9.72o/ol NaturalGas Leak /HVdro- 8 (lL.n%) Carbon Monoxide 6 |t8.33%') Water/lceRescue- 0 (O.Oo/ù Other/CancelledEn-route- 6 (8.33%) Total- 31 l43.Os%l Tra in ing: OVERVIEW: DEPARTMENTAL TRAINING We continue to try and find improved ways to deliver training to our firefighters. Currently we are stilltraining on separate evenings; however we will continue to work to find ways for Station 1 and Station 2 to train together. Prior to 2011 Bayham has only two members who are certified firefighters in the Province of Ontario, including the Fire Chief. With the success of the Joint Recruit Training Program, in October all nine firefighters that completed the course will be writing for the first component ¡n the Provincial Firefighter Curriculum. ln addition, four experienced firefighters have expressed an interest in writing the exam and working toward Provincial Certification. We only have three members of the department certified to the first levelof the Company Officer Program, including the Fire Chief. However, due to the fact that training can now be delivered locally for these courses (six Company Officer courses are scheduled for this fall in Page 4 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 170 of 223 Bayham) sixteen firefighters and officers have signed up to begin the process of certification in the Ontario Company Officer Certification Program. ln addition to the general firefighter and company officer training, Bayham offers three specialty rescue services. These services require additional training to maintain skills and to meet a certified standard. ln 2010 we trained several firefighters to be instructors in water and ice rescue. Some still need to complete the mentoring process; however it is ongoing in 201-L. Our team leader for technical rope rescue was certified as an instructor in 2010 and will be trainingthe remainder of the team in 2011. Auto extrication team members were certified in the first half of 2011 as instructors however the remainder if the team need to be certified. This is the basis for the training moving forward in 2011 and a course is scheduled to run in October. JTAG Many of the courses and programs mentioned above are also being offered to our JTAG partners. This helps to reduce the costs by filling class vacancies with students from other departments strictly on a cost per student cost recover basis. The first Joint Recruit Training Program recently completed with 41 students from seven municipalities graduating, nine graduating from Bayham. Although final costs are not in at this time, it is estimated that it cost approximately S1000 / firefighter, that includes costs for instructors and their per/diem for completing the course. Elgin County Communications System and Dispatching Services There is likely to be a significant cost associated with replacing the communication system in ElginCounty. Bayhamispartownersandassuchwill berequiredtofundpartoftheprogram. No details are available at this time, however this will not be optional as lndustry Canada has changed the rules and the standards. New equipment will be the only way we can meet the lndustry Canada requirements. The contract with Tillsonburg for dispatching services will come due in 20t2. There is the possibility of a cost increase for the current level of service. The ad hoc Elgin County Communications Committee will meet August 16 to begin discussion on dispatching services. Page 5 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 171 of 223 Fire Prevention / Legislative Requirements: OVERVIEW: The department purchased fire service management software and has had it installed. We are currently completing training and we anticipate some officers of the department being able to complete basic inspections in 2011. ln July our annual compliance package for 2010 was sent in to the Office of the Fire Marshal. The Municipality of Bayham maintained its compliance status for 2010. FIRE SAFETY INSPECTIONS: The Municipality received six requests for fire inspections during the first six months of 20L1. That is an increase from just two for the whole of 2OL0. To date, inspections have been carried out, however the follow up inspections have not been completed due to other staff commitments. Currently the Bayham Fire and Emergency Services only inspect on a complaint or request basis, as is the minimum requirement in the Fire Prevention and Protection Act. As Fire Chief, I do not feel that this meets the needs and circumstances in Bayham. Bayham needs to inspect on a proactive, not reactive basis. PUBTIC EDUCATION AND AWARENESS: We continue to use local media and place fire safety ads in school newsletters / yearbooks as well as in the Around About Bayham newspaper and on our website. Both Firefighter Associations provide education and awareness at their various fundraisers and community activities. TEGISLATIVE REQUIRMENTS: There are several requirements and standards that must be met in the Fire Service and in Emergency Preparedness. Recent events involving legalchallenges, firefighter injuries and fatalities make it important for council to understand the legalities surrounding the Fire Service and the Emergency Preparedness responsibilities. New regulation complexity and work load associated with the Public Fire Safety Guideline present challenges for staffto address in an effective and timely manner, not just in Bayham but in several municipalities across Ontario. ln order to assist Council with understanding the ever changing legislative requirements I have scheduled an Essentials of Fire Protectlon seminar through our Office of the Fire Marshal Advisor. lt is scheduled for Saturday December l-Oth, 2011 in Bayham. I would request that as many members of Council that can attend do attend. Page 6 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 172 of 223 Master Fire Plan lmplementation Update ln 2010 the Master Fire Plan was presented and adopted by Municipal Council. Numerous recommendations were presented as part of the plan. Several of the recommendations have been adopted and have been completed or are currently being implemented. lt willtake several years to completely implement all of the recommendations. Below is a brief summary and update of the recommendations: L. Replacement of Stat¡on #1 Port Burwell - The tender documents are almost complete. It is expected that the tender document will be advertised by the end of the first week in August. When tenders close the final recommendation and project costs will come before council for final approval. At the same time that staff meets with Mr. Dawley regarding the tender, we will discuss options and the estimated costs for the repairs of Station 1 as directed by Council. A report with details will come before Council at a later date. 2. Fire Apparatus and Major Equipment Funding - The recommendation to fund apparatus and major equipment using the reserve process was already a policy in Bayham. Funds have been put away in past budgets. I have reviewed the schedule and funds in the accounts and an updated schedule has been implemented in the 2011 budget. 2Ot2capitalequipment projects include PPE replacement in Station l and Auto Extrication equipment replacement. All funds are allocated in current capital reserves. 3. Firefighter Recruitment - Recruitment in a volunteer fire department is becoming more and more difficult. The problem isn't with initial interest of potential members for recruitment; it is with retention partly due to the requirements to meet standards. Although members truly want to volunteer it is becoming much more difficult for them to meet all of the required training and practice required to meet management's obligations. This isn't only an issue in Bayham; it is a problem with rural service across Ontario. Bayham just completed a recruitment drive and to date we have five quality prospects still remaining in the testing process. All five will be assigned to Station 1. 4. Officer Qualifications - The recommendation was to train officers for their roles. This process is underway. Senior firefighters and officers are scheduled for training in the fall of 2OLL 5. Specality Teams - The speciality teams continue to train monthly and we are working toward having allteam members certified to a recognized industry standard. Page 7 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 173 of 223 6.Water Rescue -Technical Water / lce Rescue service are now offered in Bayham. Firefighters are trained and equipped to provide this service. Several members of our team are now or will soon be certified instructors to the Ontario Fire Marshal's program. Bayham does not have a vessel; however we have successfully trained with the Auxiliary Coast Guard in Port Burwell. Firefighters have responded with the Auxiliary Coast Guard for emergencies in Lake Erie in 2011. Standard Operating Guidelines - A committee has been established to review training and standard operating guidelines. At this time, the committee method is stalled. lt will take dedicated paid stafftime to complete this process in a timely manner. This request will come forward in the 2012budget process. Tanker Shuttle Certification - This recommendation has not been followed up with at this time. 9. Council Oversight -This recommendation is complete, it is confirmed in the Establishing and Regulating By-Law. The Fire Chief reports to Council through the CAO. 10. Fire Prevention and Self Inspection -This recommendation is not being considered. The Office of the Fire Marshal will not accept it as an acceptable model. We currently only inspect on a complaint or request basis. Staffdoes not have time to inspect our high hazard occupancies on a scheduled basis. 7. 8. Page 8 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 174 of 223 2OtL Goals ln the 2010 annual report to Council, the following goals were established. ln bold an update as to the status of the goal is provided. 1. Move forward with the replacement of Stat¡on #1 in Port Burwell. Council will be asked to approve the final project sometime early in the third quarter of 2OLL. a. Tender should be before Council before the end of the third quarter of 2011. 2. We have begun the replacement of firefighter personal protective equipment. All firefighters have been measured and the order has been submitted. I look forward to having all the new equipment in service by the end of April. a, Station 2 and new recruit PPE has been purchased and is in service. Station #2 will be completed in2OL2 as per plan. 3. We will continue to work with our partners in JTAG and provide excellent training opportunities for all our firefighters. a. Ongoing and successful. 4. Bayham Fire and Emergency Services personnel will continue to train all municipal staff in Red Cross First Aid and CPR. a. Firefighters and Municipal Staff have been trained and we will continue to offer training in house at a significant cost savings. 5. Bayham will continue to work with our neighbours and enter into auto.matic aid and mutual aid agreements. This will ensure we provide the highest response capabilities to the citizens in Bayham and we will continue to be a good neighbour and provide assistance when requested to do so. a. Tillsonburg and South West Oxford agreements in place, Norfolk may come in late 2011 or first quarter 2012. 6. Hire a Chief Training Officer from the ranks of our volunteer force. a, Cut from 2011budget, will be presented again during 20L2budget process. Page 9 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 175 of 223 Complete the Operational Matrix for emergency response and operational planning as requested bythe Office of the Fire Marshal and report to council with recommendations. a. Not going to be completed in 2011due to staff demands. Complete routine Fire and Life Safety lnspections for targeted occupancies within the Municipality of Bayham. a, Still not completing routine inspections, only request and complaint inspections due to staff demands. Stratesic Goals Gool #4 - Be dedicated to service excellence. Recommendation 'THAT Staff ReportzÛtl*Ot7 regarding the 2011 SemiAnnual Report for the Bayham Fire and Emergency Services be received for information." Gord Roesch 7. 8. Respectfully subm itted Page 10 of 10 Staff Report P2011-017 regarding "2011 Semi Annual Report". File: P16 Page 176 of 223 P h o t o s o f t h e R a i l w a y B u i l d i n g a t t h e C o r i n t h P a r k r e g a r d i n g " V a n d a l i s m a n d S a f e t y C o n c e r n s " . P a g e 1 7 7 o f 2 2 3 Photos of the Railway Building at the Corinth Park regarding "Vandalism and Safety Concerns". Page 178 of 223 l \1 g * ìt t lt ¡ I Photos of the Railway Building at the Corinth Park regarding "Vandalism and Safety Concerns". Page 179 of 223 Page 180 of 223 To Bayham Municipal Council The committee examining property standards and gardens by-law has met on several occasions. We have discussed issues regarding what should be enforced, changes to by-laws in some instances, as well as complaint and enforcement procedures. As part of our discussions we addressed public input and the means in which we, as a committee, may be able to gauge public attitudes towards existing by-laws and enforcement. \Mth timeliness and expense as considerations, we determined the quickest and most effective way of seeking public input would be a survey. We developed a series of simple questions that will be available online as well as for pickup at the municipal offices should council agree with our direction. The questions are attached for your convenience. Would council please approve our releasing of the survey for the purpose of collecting public opinion so that we may complete our work as quickly as possible? Regards, Sean Hurley, Yards and Gardens By-Law Committee Vienna, On Correspondence from By-Law Review Committee regarding "Property Standards and Gardens By-Law Survey". Page 181 of 223 2011 - Bayham Yard and Property Maintenance Survey Asurvey to gather attitudes and opinions regarding property and yard maintenance by-laws and enforcement in Bayham. Personal information is not required to complete this survey. * Required Name (Optional) Address (Optional) Where do you live? Email Address (Optional) Your email address Phone Number (Optional) What is your horrre phone number? Do you lÍve in Bayham * e Yes oNo l'm familiar with current Yard Maintenance and Property Standards by-lauæ for Bayham * Please choose from the following options o I agree e¡ I neither agree nor disagree o I disagree I knowwhere to get information on Yard Maintenance and Property Standards by-lavs for Bayham * Please choose from the following options o I agree o I neither agree nor disagree Correspondence from By-Law Review Committee regarding "Property Standards and Gardens By-Law Survey". Page 182 of 223 I disagree By-lawOfficers should inform a property ou/ner of a by-lawand its intent and provide an opportunity for compliance prior to issuing a notice of violation * Please choose from the following options I agree I neither agree nor disagree I disagree By-law enforcement should be proactive (i.e. the by-law officer actively looks for violations) * Please choose from the following options I agree I neither agree nor disagree I disagree By-lawenforcement should be complaint based * Please choose from the following options I agree I neither agree nor disagree I disagree I don't have any concerns about propeÉies in my area not following yard and property maintenance * Please choose from the following options I agree I neither agree nor disagree I disagree Complaints should need to be made in vrriting to the Municipality Office * Please choose from the following options I agree I neither agree nor disagree I disagree Complaints could be made verbally by phone to the Municipality Office * Please choose from the following options I agree I neither agree nor disagree I disagree Complaints should be kept confidential* Please choose from the following options Correspondence from By-Law Review Committee regarding "Property Standards and Gardens By-Law Survey". Page 183 of 223 I agree I neither agree nor disagree I disagree Yards should have a defined set-back for naturalgardens within vuhich plants and grasses may not exceed a defined height * Please choose from the following options I agree I neither agree nor disagree I disagree Municipal by-lavvs aren't needed when Provincialstandards are in place already (i.e. building codes) * Please choose from the following options I agree I neither agree nor disagree I disagree Allor¡ances should be made for a single unlicensed vehicle on a property kept for the purpose of restoration * Please choose from the following options I agree I neither agree nor disagree I disagree Additional comments (Optional) Subnit Powered by Gooqle Docs Report Abuse - Terms of Servrce - Additional Terms Correspondence from By-Law Review Committee regarding "Property Standards and Gardens By-Law Survey". Page 184 of 223 Gheque Cheque Amount Number 2011.05.27 7.27653 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0811812011 0814812011 0811112011 OOOI75 CEDARSIGNS 21897 21947 001432 CULLIGAN H1 133350515 000260 DON HORTON 296485 OO17I,I JULIANNE CERNA reimburse supplies SIGNS SIGNS RAINBOW PALETTE 188.70 010989 162.31 010989 Cheque Amount - 08101120'11 I 351.01 29.32 010990UNIT RENTAL - S.C.C. OOO334 FASTENALCANADA ONTIS46626 GI.ASS LENS OOO357 G& K SERMCES CANADA INC Cheque Amount - PLUMBING SERVICE. EDISON 0811612011 I Cheque Amount - 0810312011 I 29.32 150.75 010991 150.75 35.43 010992 Cheque Amount - '1518728579 SHOP TOWELS, FLOOR MATS 0811612011 I 001245 GEORGIAN FIREGEAR SERVICE sr-10338 BUNKER GEAR CLEANING OOO427 HYDRO ONE NETWORKS INC 00240 - 147934u9 UTILITIES - GARAGE 35795 - 43000Au9 UTILITIES - PUMP#6 50370 - 200774u9 UTILITIES - VIENNA LIBRARY 62770 -2O225Aug UTILITIES - VIENNA MEM PARK 68850 -122754u9 UTILITIES - PB WORKS GARAGE 4u906460 - 08880 UTILITIES - STRAF LIBRARY Au912660 - 62007 UTILITIES - MED BLDG Augl5773 - 68016 UTILITIES - PUMP#5 4u925260 - 09578 UTILITIES - OFFICE 4u932759 - 34009 UTILITIES - MILTON STL 4u968860 - 08015 UTILITIES - STRAF FIRE 4u986590 - 87008 UTILITIES - PUMP#2 4u987640 - 15034 UTILITIES - S.C.C. o8,t1112011 0811012011 08t10t2011 0811012011 08t0912011 0811512011 08t15t20'11 08115120'11 08t1512011 08t1012011 0811512011 0811512011 08t1512011 Cheque Amount - 0613012011 I 35.43 2',t1.93 Cheque Amount - 0811112011 I 211.93 152j0 010994 Cheque Amount -152.10 456.74 010995 545.96 010995 40.98 010995 1't9.61 010995 88.43 010995 378.02 010995 108.58 010995 392.82 010995 445.60 010995 . 't1.70 010995 324.94 010995 286.54 010995 1,283.00 010995 4,482.92 39.53 0'10996 000506 KIM HUSTED SURVEYING LTD Cheque Amount - Page Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 185 of 223 Cheque Cheque Amount Number 2011.05.27 7.27653 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0811812011 Job 1l-9618 SUR\ÆY 08t1112011 I 3,427.80 010997 Gheque Amount - 3,427.80 OOO588 MCBAIN SIGNS & GRAPHIC DESIGN 12162 REPAIRS TO EDEN SIGN 0811612011 I 367.25 010998 Chegue Amount - 367'25 001592 MIKE ABELL ELECTRIC INC. 8292624 LIGHTS & SOCKETS 0810812011 I 515.85 010999 Cheque Amount- 515.85 000614 MOBIL STRIPING & SWEEPING LTD 34016 PAVEMENT MARKING 07121t2011 I 2176$6 011000 Cheque Arnount - 2,176.66 001483 PARTSMASTER CANADA 500378't2 PARTS 08t1012011 I 122.20 0',1l00l Cheque Amount - 122.20 OOO716 PRAXAIR DISTRIBUTION 11841674 CYLINDER RENTAL 07t2912011 I 30.06 011002 Cheque Amount - 30.06 OOO733 R&RREFRIGERATION 3340 REPAIR COOLER - S.C.C. 0811112011 I 113.00 011003 ChequeAmount- 113.00 OOO742 RBC LIFE INSURANCE COMPANY 2142July'11 JULYII REM|T 0811712011 I 61.50 0'11004 ChequeAmount- 61.50 OOO743 RBCROYALBANK Aug45,l6 O5OOOO9541OI INTEREST 0810812011 I 3.01 011005 Cheque Amount - 3.01 000660 RELIANCE HOME COMFORT 4u90066310304721018 UNIT RENTAL - E.C.C.o8t1012011 I 31.08 011006 Cheque Amount - 3l '08 001418 TELUS 016242498095 PAPER FEE 08106t2011 I 2.28 011007 01624249809512949014 MOBILE HIGH SPEED 0810612011 I 274.32 011007 016242498095/6366069 CELL PHONE - B KNTFTON 08106t2011 t 113.04 01 1007 016242498035/6780758 MOBILE HIGH SPEED 0810612011 I 41'75 011007 01624249809516781743 MOBILE HIGH SPEED 08106t20',11 I 41.75 011007 021916315005 CELL PHONE - E ROLOSON 0810612011 I 22.60 0l1007 0811812011 10:514M Cheque Amount - 495'74 Page 2 Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 186 of 223 2011.05.27 7.27653 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - O8l18l2O'11 Cheque Run Total - 0811812011 10:514M 't2,797.14 Page Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 187 of 223 2011-05.27 7.27653 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0812512011 0311112011 o8l1'v20'11 0812512011 12:50PM 0000099336 0000101255 CREDIT - HELMETS GLOVES UNION DUES c I \-k =- c,L--1.,-,s V^nc¿ (<-. F..l- *"a ã-\rt -72.32 011008 124.90 011008 52.58 1 ,356.00 01 1009 1,356.00 132.26 011010 Cheque Amount - 001781 BAYHAMWESTCEMETERYBOARD reimburse REIMBURSE FOR TREE REMOVAL OBl18l2O11 Cheque Amount - OO1816 BRYANS FARM & INDUSTRIAL SUPPLY INOO3834 TINES RAKE OOO154 CANADIAN KOOL WATER 3539 WATERBOTTLES 3567 WATER BOTTLES OOOIOO CORPORATE EXPRESS 0811712011 Cheque Amount - Cheque Amount - 28254505 FILE FOLDERS, CD CASES 0811912011 Cheque Amount - 000218 CUPELOCAL35 July'11 remit Cheque Amount - OOO229 DANCE SEWER CLEANING INC 12374 HYDRO EXCAVATOR 07to5l201'l Cheque Amount - OOO255 DEREHAM FORGE 31616 MAGNETIC STRIP 07t18t20't1 Cheque Amount - OO17O8 EASTLINK Aug 8127 522450005842 INTERNET - Fl REHALL Au1 812752245001 1 345 INTERNET - OFFICE Aug 8127522450017417 INTERNET - FIREHALL Au18127522450031459 INTERNET - EDISON MUSEUM Au18127522450039965 INTERNET - MARINE MUSEUM Aug 8127 5224500501 03 I NTERNET - GARAGE 0811912011 0812312011 132.26 32.00 011011 88.00 011011 120.00 76.04 011012 081251201'l 76.04 sil.50 0l 1013 564.50 1,898.40 011014 1,898.40 r0.85 01I015 0811112011 0811112011 08t1112011 ogt1'U2011 08t11t2011 0811112011 10.85 55.31 01 1016 94.86 011016 55.31 01 101 6 55.31 01 101 6 55.31 011016 55.31 011016 Cheque Amount - OOO283 ED MATTHEWS CARPENTRY 292493 CHANGE ROOM REPAIRS - BEACI- 0811812011 292494 BENCHES 0811812011 292495 HANDRAILS. WORKS YARD O8I18I2O1'I 371.4',1 1,000.04 011017 101.70 01'1017 84.75 011017 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number OOOO19 A.J. STONE COMPANY LTD Page Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 188 of 223 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 201',t.05.27 7.27653 OOO287 EDISONMUSEUM-PETTYCASH Aug petty cash PETTY CASH 001288 FARMINGTON MECHANICAL INC. OO8OO3 E.C.C - LEAKING AIR VENT OOO334 FASTENALCANADA ONTIS46846 SAFETY GI.ASSES OO17O5 FROESE EXCAVATING 001258 HENNESSY GIBSON HOGAN 54505 LEGALSERVICES OOO427 HYDRO ONE NETWORKS INC MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 08125120'11 Cheque Amount - 08t2512011 Cheque Amount - 0811212011 0810912011 Cheque Amount - ogt22120't1 08t22120',11 0812212011 0811612011 0812212011 08t22t2011 o$t161201'l 0812212011 0812212011 0812512011 12:50PM 1 ,186.49 11.25 011018 11.25 272.57 011019 Cheque Amount - 0810912011 Cheque Amount - 432774 CLEAN DITCH 0812112011 432775 CLEAN DITCH, CUT CULVERT 0812112011 Cheque Amount - 272.57 45.80 01 1020 45.80 423.75 011021 1.158.25 011021 1,582.00 544.20 011022 4u925390 -07266 4u925390 - 55002 Aug430'18 - 26008 4u953993 - 93004 Aug6239ù22001 4u962790 -07266 4u973394 - 81003 4u981590 -07297 000466 J|MMI JONS 37',!92 001886 KAYLAFERRIS supplies OOO513 KOOLEN ELECTRIC 17139 OOO5.18 KWIK KOPY PRINTING UTILITIES - VIENNA STL UTILITIES - PB STL HVVY 19 UTILITIES - EAST ST STL UTILITIES. PUMPFI UTILITIES. STRAF STL UTILITIES - RICHMOND STL UTILITIES - PUMP#3 UTILITIES - EDEN STL UNIT RENTALS - TUB DAZE SUPPLIES 544.20 634.36 011023 1,833.35 011023 20.93 011023 52.47 011023 1,156.28 01',1023 205.90 011023 76.98 011023 627.76 0'11023 269.53 0110234u987790 -07295 UTILITIES - CORINTH STL Cheque Amount - 0810812011 4,877.56 1.327.75 011024 Cheque Amount - 0812512011 1,327.75 8.55 011025 Cheque Amount - 08t0812011 8.55 165.26 011026GENERATOR SWITCH Cheque Amount -165.26 Page Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 189 of 223 lnvoice Payee Number lnvoice Date Type Cheque Amount Cheque Number 2011.05.27 7.27653 MUNICIPALIry OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0812512011 25824 COPY PAPER 08123t2011 I 542.29 011027 Cheque Amount - 542'29 000526 I.AEMERS TRUCKING LTD 21980BACKHoE06121120111649.75011028 21981 oULVERT, DRAIN, COUPLERS 0612'112011 I 250.86 011028 OOO572 MANULIFE FINANCIAL '100758274 SEPT'1l REMlr 100758398 SEPT'11 REMIT 001249 MARINE MUSEUM - PETTYCASH petty cash PETTY CASH ChequeAmount- 900.61 o8rt22011 I 5,536.89 011029 08112?:011 I 4,068.20 011029 0812512011 12:50PM Cheque Amount - 9,605.09 0812512011 t 32.78 011030 Cheque Amount - 32.78 OOO588 MCBAIN SIGNS & GRAPHIC DESIGN 12191 911S|GNS 0810812011 I 50.85 011031 Gheque Amount - 50.85 000635 NEOPOST CANADA LIMITED 1869043 SERVICE CONTRACT 08t1512011 I 435.05 01',1032 Cheque Amount - 435.05 000658 oMERS 04100 July'11 JULY'11 REMIT 07131t2011 I '17,574.07 011033 EMC 123 GROUP O41oOO 08t15t2011 I '12.16 011033 Cheque Amount - 17,586.23 OOO722 PROUSE MECHANICAL LTD 29-0¿ltì86 A/C UNIT REPAIR- FIREHALL 07131t20'11 I 173'82 011034 Cheque Amount - 173.82 OOO727 PUROLATOR COURIER LTD 41346383s COURIER SERVICES 0811212011 I 146.49 011035 Cheque Amount - 146.49 001574 R-SAFETY RSl-51208 HYDRAUL|C WATER STOP CEMEN 08122t20í1 I 76.81 011036 Cheque Amount - 76.81 OOO829 SPECTRUMCOMMUNICATIONSLTD 0000627782 ANSWERING SERVICE 081151201',1 I 95.99 011037 0000628130 ovERcALLS, HOLIDAY FEE 08115t2011 t 34.92 011037 001832 SUNSHINE RESTAURANT Cheque Amount -130.91 Page 3 Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 190 of 223 lnvoice Payee Number lnvoice Date Type Cheque Cheque Amount Number 2011.05.27 7.27653 MUNICIPALITY OF BAYHAM Accounts Payable Royal Bank Cheque Register - 0812512011 CATERTNG - FIREHALL 08t20120',t1 t 203.40 011038 Cheque Amount - 203.40 001257 TERANET ENTERPRISES INC. |NVOO13542 oNTAR|O PARCEL ASSESSMENT I 08110t2011 I 1,864.50 011039 Cheque Amount - 1,864.50 OOO913 TOWNSHIP OF MAI.AHIDE 3 WATER CONSUMPTIoN JAN-JUNE 08115t2011 I 146,857.97 01',1040 OOO935 UNION GAS LIMITED Aug273-2106 19697 54 UTILITIES - E.C.C. Aug273-21 06 243-0725 UTI LlTl ES - PUMP#4 000969 WESTBURNE RUDDY ONTARIO 4356889 FUSES 4371659 FUSES 4371660 FUSES Cheque Amount - 146,857.97 o8l17l2o1'l I 25.66 011041 0811712011 I 185.46 011041 Gheque Amount -211.'t2 0712812011 I 220.07 0'11042 08105t2011 I 201.09 011042 o8t05t2011 I 11.13 011042 0812512011 12:50PM Cheque Amount - 432.29 000986 WORKPLACE SAFETY & INSURANCE 1625314Ju1y'11 JULYII REM|T 0711612011 I 3,880.15 011043 ChequeAmount- 3,880.15 Cheque Run Total - '197,733.83 Page 4 Cheque Register being Cheque #10989 to Cheque #11043 inclusive totaling $210,530.97 and Payroll Disbursements for the Page 191 of 223 80Rt¡J l{UNIcIPALITY 0F BAYHAM TOT PACKETS - 2 CURRENT 9 ,37L.2L ADP CANADA PAYROLL TECHNOLOGIES D A I L Y U P D A T E R.E P O R T COI{PANY TOTALS ADJUST-CR CURRENT TOTAL 9 ,37r .21 I ,684 .86 5,690 , I8 I,152.09 15,898.34 43,773.96 43 ,773.96 ANALYSIS OF I TEI'I HOURLY WORKPAYS COURIER FEE 137.18 59 ,672 .30 157.I8 17.83 59,827 .3t SERVICE CHARGES UNITS CHARGE 19 52.50 L L2.40 RUN: AUG 23 20ll N0: A PAGE:1050 HST REG: I00057413 RT0004 COI,IPANY PAGE: 5 DEBIT DATE: AUG 24, 20ll DATE 0F PAY: AUc 26, ?OLL YTD ADJUST YTD TOTAL 163,857.17 FEDL TAX NR TAX PROV TAX 35,040.07 EI CoNT QPIP 79,636.96 CAN PEN QC PEN QC HSF LA,702.23 0N EHT I{B HET NL HAPSET 297 ,236.43 T0T STATS 40,372.T0 CHEQUES 7L2,972.6L DEPOSITS US DEPS DED DEPS 753,344.7L TOT NPAY RRSP RTI I , 05O,58I . I4 TOT PAYROL 2,952.86 SERV CHRG GST 385.84 HST L,053,9L7 .84 GRAND TOT UNITS CHARGEr 49.5r ADJ UST. DR FEDL TAX NR TAX PROV TAX EI CONT QPIP CAN PEN QC PEN QC HSF ON EHT I,IB HET NL HAPSET TOT STATS CHEQ UES DEPOSITS I,JS DEPS DED DEPS TOT NPAY RRSP RTI TOT PAYROL SERV CHRG GST HST GRAND TOT | ,6A4 .86 5r590.II L , L52 .09 I5,898.34 43,773.96 43,773,96 59 ,672.30 157.I8 17.85 59,A27 .3L ITEI.i UNIIS CHARGE SALARIED WORKPAYS 20 34. OO PAY ADVICE FOLD 59 8.97 TOTAL S/C SUBJECT TO HST IS TOTAL PAYROLL DEBIT IS ITEII PAYROLL RUNS 59'A27.31 DEBIT INFORiîATI0N: 003 05102 I0II925 C h e q u e R e g i s t e r b e i n g C h e q u e # 1 0 9 8 9 t o C h e q u e # 1 1 0 4 3 i n c l u s i v e t o t a l i n g $ 2 1 0 , 5 3 0 . 9 7 a n d P a y r o l l D i s b u r s e m e n t s f o r t h e P a g e 1 9 2 o f 2 2 3 CORPORATION OF THE MUNICIPALITY OF BAYHAM STAFF REPORT TO: Mayor & Members of Council DATE: August 29,2011 FROM: Kyle Kruger, Administrator FILE: L04 SUBJECT: County Road Maintenance AgreemenVFunding NUMBER: PW2011-09 Purpose This report is to provide further comment on County of Elgin reports regarding a new Road Maintenance Agreement and regarding a request from certain area municipalities for inclusion of a fuel surcharge. Background As Council will recall, in July of this year, the municipality provided comment to the County of Elgin regarding a County staff report on present and proposed arrangements for the maintenance of County roads. The following are the comments provided by Bayham: 1. That Council advise the County of Etgin that the Municipality of Bayham can accept either funding model outlined in their report regarding a new road maintenance agreement. 2. Thatthe County be requested to examine the current allocation for all classes of roads. 3. That Council recommend to the County of Elgin that annual adjustments to compensation rates for road maintenance be adjusted by the annual Construction Price Index. 4. That Council advise that it is supportive of a pilot project, as offered by the Municipality of Central Elgin, to examine compensation on a unit price basis. After consideration of all the municipal comments received, County Council adopted resolutions that they state were intended to reflect a majority of local Council opinions. These resolutions (see attached) have now been circulated with a request for any additional comment by September 15, 20ll inorder to allow the County solicitor to draft a new agreement' Staff Comments ' Bayham staff continue to have some concerns with the funding model/agreement basis being proposed. At this time, Bayham continues to see a signihcant deficit relative to County road maintenance. It is also recognized that there are some differing opinions from the local municipalities that must be accommodated. In order to address that item, several of the local municipal CAO's and Senior Staff met to discuss the issue and explore a potential single response that could be supported by all of the local municipalities for a new maintenance agreement for County roads. As a result of discussions at the mentioned meeting, the Municipal Staff involved have prepared a recommended response to the County, as in the following recommendation in this report. Attachments 1 . County of Elgin Report - Letter July 27 ,201I regarding Funding for County road maintenance. Staff Report PW2011-09 regarding "County Road Maintenance Agreement / Funding". Page 193 of 223 Strategic Plan Goal(s) Goal #l - Practice responsible financial management Goal #2 - Ensure reliable, well maintained and secure infrastructure Recommendations 1. That the current escalation of the lump sum payments under County of Elgin Road Maintenance Agreement being based on the Consumer Price Index (CPI) for Ontario (All goods) be supported; 2. That the implementation of an additional invoicing system, upon acceptance of the new agreement, for major maintenance activities be supported subject to the establishment of agreed upon service levels that clearly delineate the responsibilities of both the local municipality and the County insofar as they relate to maintenance of the road network vs. capital improvements, and further, that such service levels be appended as a schedule to the new Agreement; 3. That the Municipality of Central Elgin being considered as a piloltest site for the use of unit price/invoice system of compensation for the maintenance of County of Elgin roads continue to be supported; and 4. That the term of the new agreement be no more than 5 years in order to permit a comprehensive review and consider the feasibility of implementing an invoice system of payment once the pilot/test has been completed by the Municipality of Central Elgin. Staff Report PW2011-09 regarding "County Road Maintenance Agreement / Funding". Page 194 of 223 Re: Fundinq for Countv Road Maintenance This will acknowledge and thank you for your comments regarding the new maintenance agreement for Counly roads. Council at its July 26th, 2011 meeting reviewed all of the submissions and passed the following resolutions for your consideration. lt should be emphasized that these resolutions by and large reflect the majoritv of your Council's opinions. "THAT the new maintenance agreement utilize the same lump sum payment model, as adjusted from time to time using CPI and market corrections as deemed advisable; and, THAT an additional invoicing system be implemented upon acceptance of the agreement for major maintenance activities (eg. ditching, berm removal, culvert repairs etc.); and, THAT commencing in 201 2,lhe newly proposed funding allocation for class of road be budgeted for and paid to municipalities as attached; and, THAT the agreement be for the term as suggested by the county solicitor (10 years); and, THAT staff be instructed to provide Council with a comprehensive review and analysis of these arrangements a.fthe five year mark of the agreement; and, THAT the offer from the Municipality of Central Elgin to conduct a piloUtest using an invoice system of payment be endorsed. - Carried (signed) Warden Dave Mennill." ElgrnCounty Office of the Warden July 27,2011 ln an effort to move this agreement, County Council than September 15, 2011. lf you have any questions regarding this matter, please 1460 ext. 161 or mmcdonald@elqin-county.on.ca. Dave Mennill, Warden cc: Clayton Watters, Director of Engineering Services Enclosure process along, and to instruct the solicitor to prepare a draft would appreciate your response to these resolutions by no later contact Mark McDonald at 519-631- County of Elgln Administrative Services 450 Sunset Dr¡ve St. Thomas, On NSR 5V1 Phone: 519-631-1460 www.elg¡n-county.on.ca Pro(ressive by Nature Staff Report PW2011-09 regarding "County Road Maintenance Agreement / Funding". Page 195 of 223 Glass 2011 Rates km 2012 Rates km of TO ** lnc. What this means... 2011 Allocation 2012 Allocation lncrease for 2012 1 $4,440 $5,800 24 Aylmer $16,954 $18,345 $1,391 2 $4,235 $4,677 12 Bayham $385,315 $398,365 $13,050 3 $4,030 $4,176 6 Central Elgin $554,469 $587,662 $33,191 4 $3,825 $3,940 3 Dutton/ Dunwich $380,404 $393,070 $12,666 Malahide $587,626 $613,027 $25,401 Southwold $425,472 $442,692 fi17,220 West Elgin $393,522 $406,944 $13,421 Total $116,340 %o lncrease 4.24o/o "The above rates do not include the annual CPI adjustments ""This is the percentage increase to the 2012 base rate (class 4). The actual percentage increase may be different (higher). L_ Elgrni S t a f f R e p o r t P W 2 0 1 1 - 0 9 r e g a r d i n g " C o u n t y R o a d M a i n t e n a n c e A g r e e m e n t / F u n d i n g " . P a g e 1 9 6 o f 2 2 3 q August 18,2011 The Municipality of Bayham Municipal Offrce 9344PlarkRoad, Box 160 Straffordville ON NOJ lYO Attn: Mr. Kyle Kruger Administrator (. /3 MUN!üIP,4LITY ÛF [jÅYi{AÍ'¡ Otter Valley Naturalists c/o PO Box 313 Port Burwell, ON NOJ ITO Subject: Dear Mr. Kruger I am following up on our telephone conversation of this morning regarding charitable status for the Otter Valley Naturalists (OVN). As explained to you, we were unsuccessful obtaining charitable status on our first submission to the CanadaRevenue Agency. We plan to resubmit our application and provide CRA with more detail, but this will take some time to achieve. In the meantime, O'\rN would like to inquire if the Municipality could endeavour to be a go-between for us in applying for grants for the Municipal Beach Improvement Project that was endorsed previously by Council. Some funding agencies require a charitable contribution receipt before they will provide grants. If the municipality could assist us by endorsing the initiative by issuing a charitable receipt and potentially be a "middle-agency" in the transfer of funds to the project, we may be able to proceed with it this fall. O\fN will be responsible for all grant applications. We have received the necessary permits for the project, and we have so far raised $8,000 for it from the LPRCA, the Elgin Stewardship Foundation, and the Aylmer Area Community Foundation, but these funds will not be released until we have the full amount raised. We are looking for about $5,000 more from other funders to proceed. If there were some County funds for tree planting initiatives, we can immediately open up the LPCRA frìnd ($1,000) to purchase a few calliper size trees as well. We need to match the LPRCA funds. This was one ¿rea that you thought that you may be able to offer assistance. Trusting this letter will assist with the initiative, Mobile 519-403-8981 Correspondence dated August 18, 2011 from Otter Valley Naturalists regarding "Municipal Beach Improvement Project - Page 197 of 223 Page 198 of 223 TITE CORPORATION OF' THE MI]NICIPALITY OF BAYHAM BY-LAW NO.2,594-2011 BEST LINE T'ARMSA/ANLEETIWEN BEING Ä BY-LAW TO AMEND BY-LAW No.7456'2003' AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZonrngByJaw No. 2456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT ByJaw No.2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 5, by deleting f¡om the Agricultural (41) Zone and adding to the Special Agricultural (42) Zone, those lands which are outlined in heavy solid lines and marked A2 on Schedule "4" to this By- law, which schedule is attached to and forms part of this By-law. 2) TIIAT By-law No.2456-2003, as amended, is hereby further amended by amending Schedule "rr', Map No. 5, by deleting from the Agricultural (41) Zone ard adding to the Site Specific Rural Residential (RR-17) Zone, those lands which are outlined in heavy solid lines and marked RR-17 on Schedule "4" to this ByJaw, which schedule is attached to and forms part of this ByJaw. 3) THAT By-law No.7A56-2003, as amended, is hereby further amended by amending Section 7 Rural Residential (RR) Zone Regulations, by adding the following new subsection: "7.13.17 7.13.17.I Defined Area Ñilur rno*n on Schedule "A", Map 5 to this byJaw. 7.13.17.2 Minimum Lot Area 03l* 7.13.17.3 Minimum Lot Frontase 42 t""tt* 4) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME THIS 1 't DAY OF SEPTEMBER 201 1 . READ A SECOND TIME THIS l't DAY OF SEPTEMBER 2011. READ A THIRD TIME AND FINALLY PASSED THIS l't DAY OF SEPTEMBER 201 1. MAYOR CLERK By-Law Z594-2011 A By-Law to further amend By-Law Z456-2003 (Best Line Farms / VanLeeuwen) Page 199 of 223 This is Sôhedule "4" to By-low No.2594-2011, possed the lst doy of September 2011. À/AYOR CLERK lvlUNlClPALlTY OF BAYHAM SCHEDULT'A' O 25Om 500nr Scole 1 : 12,5OO MAP No. 5 By-Law Z594-2011 A By-Law to further amend By-Law Z456-2003 (Best Line Farms / VanLeeuwen) Page 200 of 223 TIIE CORPORATION OF THE MT]MCIPALITY OF' BAYIIAM BY-LAW NO.2595-2011 WINTERMUTE BEING A BY-LÄW TO AMEND BY-LAW No.Z456-2003' AS AMEI\DEI) \VIIEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend ZoningBy-law No. 245 6-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: l) THAT By-law No.2456-2003, as amended, is hereby further amended by amending Schedule "4", Map No. 62, by deleting from the Site Specific Estate Residential (ER-7) Zone and adding to the Site Specific Estate Residential (ER-8) Zone, those lands which are outlined in heavy solid lines and marked ER-8 on Schedule "4" to this By-law, which schedule is att¿ched to and forms part of this By-law. 2) THAT By-law No.2456-2003, as amended, is hereby further amended by amending Section 8 Estate Residential (ER) Zone Regulations, by adding the following new subsection: "8.13.8 8.13.8.1 Defined Area ER-8 as shown on Schedule "A", Map 62 to this By-law. 8.13.8.2 Minimum Rear Yard Setback from the 212.5Metre Contour Elevation 5.0 metres 8.13.8.3 Building, Structure and Grading Regulations No buildings or structures shall be constructed, and no regrading of land shall occur below the 212.5 metre contour elevation as shown on Schedule 'A', Map 62 to this By-law. Resulation for Accessory Buildins a. Minimum Side Yard Setback from Top-of-Bank 4 m b. Minimum Rear Yard Setback from Top-of-Bank 8 m c. Maximum floor area 93 m2" 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval ofthe Ontario Municipal Board. 8.13.8.4 By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) Page 201 of 223 READ A F'IRST TIME THIS l't DAY OF SEPTEMBER 2011. REÄD A SECOND TIME THIS l*t DAY OF SEPTEMBER 2011. READ A THIRD TIME AND F'INALLY PASSED THIS l,t DAY OF SEPTEMBER 2011. MAYOR CLERK By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) Page 202 of 223 MUNICIPALITY OF BAYI{AM SCHEDULE'Æ O ?Sm 300mË Scole I ; 12.500 By-Law Z595-2011 A By-Law to further amend By-Law Z456-2003 (Wintermute) Page 203 of 223 Page 204 of 223 THE CORPORATION OF TIIE MTJNICIPALITY OF BAYIIAM BY-LAW NO. 2011-072 BEING A BY.LA\M TO FTJRTIIER AMEND BY.LAW 2011-OO1 A BY.LA\il APPOINTING MEMBERS TO BOARDS AND COMMITTEES OF THE MTJMCIPALITY \YHEREAS the Council of the Municþalþ of Bayham did by ByJaw 2011-001 appoint persons to Boards and Committees for the purposes of the Corporation; WIIEREAS the Council of the Corporation oftheMunicipalityofBayham didbyBy-law 20lI-012 and 201 I -057 amend such byJaw; AND WIIEREAS the Council ofthe Corporationofthe MunicipalityofBayham deems it necessaryto further amend such by-law; NOW THT'REFORE THE COI]NCIL OF THE CORPORATION OF THE MI]NICIPALITY OF BAYHAM ENACTS .4.S FOLLOWS: 1. THAT Earl Shea and Glen Unde,rrvood be added as me,mbers of the Harbourfront Committee; 2. THAT in all other respects, ByJaw 2011-001 is hereby confirmed and remains unchanged; 3. AND TIIAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND TIIIRD TIME AND FINALLY PASSED TIIIS 1ST DAY OF SEPTEMBER 2OII. MAYOR CLERK By-Law 2011-072 A By-Law to further amend By-Law 2011- 001 (appointing members to boards and committees) Page 205 of 223 Page 206 of 223 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011-074 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AMENDED ATTACHMENT "C' TO THE SITE PLAN AGREEMENT WITH ETIENNE & MARIE-LOUISE BORM (ETBO TOOL & DIE) WHEREAS subsection 4l(2) of the Planning Act, R.S.O. 1990 Chapter P.13 provides in part that where in an offrcial plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate ma¡ by by-law, designate the whole or any part of such area as a site plan control area. AND WHEREAS the Municþality of Bayham has enacted a Site Plan Control Area By- law pursuant to Section 41 of the said Planning Act. AI\D \ilHEREAS subsection al (a) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municipality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND \ryHEREAS the Owners entered in to a site plan agreement authorized by By-law 2009 -09 6 passed November 5, 2009 ; AND WIIEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend Attachment "C" of the site plan agreement with Etienne and Marie-Louise Borm. NOW THEREFORE THE COT]NCIL OF THE CORPORATION OF THE MT]NICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute an amended Attachment "C" of the Site Plan Agreement between the Corporation of the Municipality of Bayham and Etienne & Marie-Louise Borm afñxed hereto and formingpartof this ByJaw as Schedule "A". By-Law 2011-074 A By-Law to authorize the execution of an agreement (Borm / ETBO) Page 207 of 223 2. THAT Attachment "C" to the Site Plan Agreement authorizedby ByJaw 2009' 096 passed November 5, 2009 is hereby amended. 3. TIIAT the executed agreement shall be registered at the owner's expense under the proper Land Titles Registry. READ A FIRST AI\D SECOND TIME this I't day of September 2011. READ A THIRD TIME AIYD FINALLY PASSED this l't day of September 2011. MAYOR CLERI( By-Law 2011-074 A By-Law to authorize the execution of an agreement (Borm / ETBO) Page 208 of 223 \ f..o\,U \, ,ì\\siè\è\\\lIYùF-\ ñ ,\ \Ð\){Þ\\ ,U Vî NOTES r,'ò{rmxftffi¡r[{È 1 þû ahÉ M D tü@ i[ dìru r¿ rtÎffi Mrc ¡d ù¿ ûAEã#ifli"ft],trä.r.Í#:w'ËiH:AlÚÆËtdNù¿!^ü.Ñl rI@*rE.Ew4!É.þf.qqil*Df tñtrËdûm@, { ru^æ GrDrcÞ@ruEl¡.øÆútr8ÊæúMæÈrñ- 6ñ4d nt.E r u 6trru(urñ8, sû 4@.r) È ótturdatffi, ¿qÈüEnwiÁim ¡'¡o¡i¿¿' LEGEND - E&rf66.Èd a dhdb -. tub¡$ù.&ùirh - hdc*¡dr .y' ¿¡qo*ru SIORM 9i AIER MMßEMENT: dr ÈEKEE¡ Ertrst@rffiffildc@rm&ÞÚffierRYþrn¡da'ËE r'r r I t"l-t+{l I I r liJlfll¡t rÉ B y - L a w 2 0 1 1 - 0 7 4 A B y - L a w t o a u t h o r i z e t h e e x e c u t i o n o f a n a g r e e m e n t ( B o r m / E T B O ) P a g e 2 0 9 o f 2 2 3 Page 210 of 223 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2011-07s BEING A BY.LA\il TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT \ilITH BRIAN AND JEANETTE HIEMSTRA (WIELER'S FTIRNITURE GALLERÐ WHEREAS subsection alQ) of the Planning Act, R.S.O. 1990 Chapter P.l3 provides in part that where in an official plan an area is shown or described as a proposed site plan control area, the council of the local municipality in which the proposed area is situate ma¡ by by-law, designate the whole or any part of such area as a site plan control area. AND \ilIIEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law pursuant to Section 41 of the said Planning Act. AND WIIEREAS subsection4l (4) of the said Planning Act provides in part that no person shall undertake any development in an area designated under subsection (2) unless the council of the municþality or, where a referral has been made under subsection (12), the Municipal Board has approved one or both, as the council may determine, of the following: l. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WIIEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter in to a site plan agreement with Brian and Jeanette Hiemstra. NOW TIIEREFORE THE COI]NCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. TIIAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between the Corporation of the Municipality of Bayham and Brian and Jeanette Hiernstra affixed hereto and formingpart of this ByJaw as Schedule "A". 2. THAT the executed agreement shall be registered at the orryner's expense under the proper Land Titles Registry. READ A FIRST AND SECOND TIME this l't day of September 2011. READ A THIRD TIME AND FINALLY PASSED this l't day of September 2011. MAYOR CLERK By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 211 of 223 SITE PLAN AGREEMENT BETV/EEN Brian and Jeanette Hiemstra 53930 Eden Line Concession 9 S Part Lot 4 RoIl # 34-01-000-005-04708 A}ID THE CORPORATION OF THE MUNICIPALITY OF BAYIIAM By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 212 of 223 THIS AGREEMENT made in duplicate this _ day of BET\ilEEN: 2011. BRIAI\ AND JEANETTE HIEMSTRA Hereinafter called the "OWNER" OF TIIE FIRST PART . AND. TIIE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF TIIE SECOND PART WHEREAS the Owner is the o\ryner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Concession 9 S Part I.at 4, more particularly described in Attachment "4" attached hereto (and hereafter referred to as the "Lands"); AND \MHEREAS the Official Plan of the Municipality of Bayham in effect, designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop lands in accordance with the Site Plan attached hereto, as Attachment "C" (and hereafter referred to as the "Plantt); At\D WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a site plan agreement with Brian and Jeanette Hiemstra. NOW TIIEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: l. The Owner agrees that no building permit will be available until the Plan has been approved by the Municipality and further agrees that work will not coÍrmence prior to the issuance of the building permit. 2. The following Attachments, which are identified by the signatures of the parties to this Agreement, and which are attached hereto, are hereby made a paft of this Agreement, as fully and to all intents and purposes as though recited in fuIl herein: By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 213 of 223 ATTACHMENT "A" _ LEGAL DESCRIPTION OF SUBJECT LANDS ATTACHMENT "B" - CERTIFICATE OF COMPLIANCE ATTACHMENTS "C'' - SITE PLAN AND SITE SERVICING PLAN 3. Attachment "4" hereto describes the lands affected by this Agreement. 4. Attachment "C" - Site Plan and Site Servicing Plan, shows: a) the location, height, dimensions of all buildings and structures existing and/or proposed to be erected; b) the location of vehicular entrances and exits; c) the location and provision of ofÊstreet vehicular loading and parking spaces, including driveways for emergency vehicles; d) building finished floor elevations (if deemed necessary by the Municipality); e) fire flow storage pond Ð private septic tile bed g) existing well water supply for residential and industrial buildings 5. The Owner agrees that the building or buildings will be erected or developed in accordance with the plan(s) approved, subject only to such changes as have received advance approval. 6. The Owner agrees that the site development and servicing will be in accordance with the plan(s) as approved, subject only to such changes as have received advance approval. 7. The Owner fuither agrees that (as applicable): a) final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer, prior to the final release of the Letter of Credit, if applicable. b) all necessary provisions for service connections on site will be made to the satisfaction of the Municipality. c) construction work will be carried forward expeditiously in good and workmanlike manner, in accordance with good trade practice and so to cause a minimum of nuisance. d) all necessary precautions to avoid dust, noise and other nuisance and to provide for the public safety will, so far as possible, be taken and which comply with The Cons truction Safety Act. By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 214 of 223 8. 9. e) all necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street, and where such tracking occurs, the street shall be cleaned at the end of each working day. Ð unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete, gravel or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the property limits. g) no topsoil shall be stocþiled on any other portion of the Owner's lands except those lands identified in Attachment "A" to this agreement; and all topsoil shall be stocþiled and maintained in a manner which allows for the maintenance of weeds; and the Municipality may go in and do the same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. h) stock-piling of snow will not be allowed on the site where it will constitute a hazar d to publi c right-o f-ways. Ð the electrical servicing of the property shall be subject to the approval of Hydro One. j) upon failure by the Owner to do any act during the development period herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security. k) the Municipality may treat any breach of this Agreement as a breach of the Building By-Law, and upon twenty-four (24) hours written notice to the Owner, stop work until the breach is rectified. 1) nothing in this Agreement constitutes waiver of the owner's duty to comply with anyby-law of the Municipality or any other law. The Owner shall: a) be responsible for consulting with Hydro One regarding any matters that relate to services provided by Hydro One. The Owner shall be responsible for consulting with and obtaining any necessary approval from all regulatory bodies such as, but not limited to, the Long Point Region Conservation By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 215 of 223 Authorit¡ the Ministry of the Environment and the County of Elgin, as deemed necessary. 10. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 11.The Owner agrees to pay for damages to public property including but not limited to municipal drain, ditches, street surfaces, sidewalks, storm and sanitary sewer systems, which may occur during the period of construction. Any such repair may be undertaken by the Municipality at the expense of the Owner, within thirty (30) days notice. 12. Any and all lighting shall be installed and maintained so as to not, in the opinion of the Municipality, interfere with the use or enjoyment of adjacent properties, or with the safe flow of traffic on abutting or adjacent streets. 13. If the Ontario Building Code requires that an Architect or Professional Engineer or both, shall be responsible for the field review of any new building or extension, provided for in this Agreement, the Owner shall not occupy or use or permit to be occupied or used, any said new building or extension, until after an Architect or Professional Engineer has given to the Municipality, a letter addressed to the Municipality, and signed by the said Architect or Professional Engineer, certifying that all construction and/or services on or in the said lands, required for this development or redevelopment, newly installed by the Owner in connection with this development or redevelopment, have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 14. The Municipality, through its servants, officers and agents, including it's Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time, and at any time, enter on the premises of the Owner to inspect: a) the progress of development; b) the state of maintenance as provided for in this Agreement. 15. In the event of any servant, officer or agent of the Municipality, determining, upon inspection, that the development is not proceeding in the strict accord with the plans and specifications filed, such servant, officer or agent shall forthwith, place a notice requiring all work to be stopped upon the premises and forward a copy, by registered mail, to the Owner at the last known address, on the last revised assessment roll, and the Owner shall forthwith correct the deficiency or deviation. 16. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 216 of 223 last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. l7.ln the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution, which shall constitute a final determination of the matter. 18.In the event that the Owner shall fail to obey a stop work order issued under Section 17 hereof, the Owner recognizes the right of the Municipality to apply to the Courts for a restraining order. l9.In the event that an Owner shall fail to correct a deviation or deficiency after notice pursuant to Section l7 or after notice of an opinion, which the Council of the Municipality of Bayham determines is correct, under Section 17, the Council of the Municipality of Bayham, may by by-law, direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll of passage of such By- Law, that such matter or thing be done by the Municipalit¡ at the expense of the Owner, which expense may be recoverable by action as municipal taxes, or from the Letter of Credit deposited as performance security. 20. Unless otherwise authorized, in the event of the Owner wishing to change at any time, the buildings, structures or facilities described in Attachment "C", it shall make application to the Council of the Municipality of Bayham, for approval, and shall not proceed with such change until approval is given by such Council, or in default by The Ontario Municipal Board, under the procedure set out in Section 4l of The Planning Act,1990, herein before referred to. 21. The Owner agrees to pay to the Municipality all administration costs incurred in connection with this Agreement, and the fulfillment of this Agreement, including legal, engineering and inspection costs. 22. LIABILITY INSURANCE Before commencing any of the work provided for herein, the Owner shall supply the Municipality with a Liability Insurance policy in the amount of $2,000,000 per occuffence, and in a form satisfactory to the Municipality, indemniting the Municipality from any loss arising from claims for damages injury or otherwise, in connection with the work done by or on behalf of the owner of the development. The said policy shall be provided at the time of the signing of the Agreement and remain in force, until the By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 217 of 223 development is complete and all required documentation as per Article 15 has been filed with the Municipality. 23. PERFORMANCE GUARANTEE The Owner hereby defines the completion date of this Agreement and project to be on or before Septernber 1. 2012. It will be the Owner's responsibility to require, in writing, ân extension to this agreement/project, within sixty (60) days of the above stated completion date, should an extension be required. As security for the performance and completion of all works required by this agreement, the Owner shall supply the Municipality with a Letter of Credit, equal to $ nit The Letter of Credit will be based on the estimated cost of alterations to public property, roadwa¡ curbs and gutters and drains, and any repairs for damages to public propert¡ roadway, sidewalks, curbs and gutters and drains, plus all site specific components as defined by the Site Plan and Site Servicing Plan, Attachment "C", which are approved under this Agreement. The Municipality shall establish the amount of the Letter of Credit. The irrevocable Letter of Credit from a Chartered Bank expressed to be pursuant to this Agreement and payable to the Municipality at arry time or in part, from time to time, upon wriffen notice from the Municipality, shall be provided at the time of signing of this Agreement, and shall remain in force, until Twelve (12) months following the completion of this project. 24.T\is Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its perforrnance of the said obligations. 25.In the event that no construction on the said lands has commenced within one (l) year from the date of registration of this Agreement the Municipality may, at its option, on one month's notice to the owner, declare this Agreement to be subject to re-negotiation, whereupon the Owner agrees that it will not undertake any construction on the said lands until this Agreement has been re- negotiated. 26.The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term, covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 27.T\e Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipalit¡ from all losses, damages, costs, By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 218 of 223 charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 28. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Acr, R.S.O. 1990, shall apply. 29. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Regßtry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 30. A Certification of Compliance attached hereto as Attachment "8", shall be filed by the Owner, following completion of the development to ensure all details of the Site Plan Agreement have been complied with. IN V/ITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, and duly attested to by their authorized signing officers in that behalf. I have the authority to bind the Corporation. 'Witness Brian Hiemstra Jeanette Hiemstra THE CORPORATION OF BAYHAM OF THE MUNICIPALITY Paul Ens, Mayor Lynda Millard, Clerk By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 219 of 223 ATTACHMENT 'A' PropertyAssessmentRollNo.: 34-01-000-005-04708 Municþal Address: 53930 Eden Line Legal Property Description: Concession 9 South Part Lot 4, Registered Plan 11R3741 Part3, Municipalþ of Bayham, County of Elgin PIN # 11 By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 220 of 223 ATTACHMENT'B' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION : Municipal Address: 53930 Eden Line Property Roll#: 34-01-000-005-04708 Owner(s): Brian and Jeanette Hiemstra This document serves to certify that the development project on the above noted lands has been completed in accordance with the terms and conditions of The Site Plan Agreement ByJaw No. DATED: I HEREBY CERTIFY THAT THE ABOVE DECLARATION IS TRUE AND CORRECT. I have the authority to bind the Corporation. 'Witness Brian Hiemstra Jeanette Hiemstra Address: Phone Number 72 By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 221 of 223 /'lr-rn"Hm€Nr " c " By-Law 2011-075 A By-Law to authorize the execution of a site plan agreement (Hiemstra / Wieler's Furniture Gallery) Page 222 of 223 TIIE CORPORATION OF THE MUNICIPALITY OF BAYIIAM BY-LAW NO. 2011-076 A BY-LA}Y TO CONFIRM ALL ACTIONS OF THE COTJNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD SEPTEMBER 1, 2011 \MIIEREAS under Section 5 (1) of the Municipal Act,200l S.O. 2001, Chapter 21,thepowers of a municipal corporation are to be exercised by the Council of the municipality; AND \ilHEREAS under Section 5 (3) of the Municipal Act,200l, the powers of Council are to be exercised by by-law; AI\D \ilIIEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. TIIEREFORE THE COI]NCIL OF TIIE CORPORATION OF THE MTJNICIPALITY OF BAYIIAM ENACTS Ä.S FOLLO\MS: 1. TIIAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held Septemb er l, 20ll is hereby adopted and confirmed as if all proceedings were expressly embodied in this byJaw. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affrxing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this l'tday of Septemberr20ll. MAYOR CLERK By-Law 2011-076 A By-Law to confirm all actions of Council Page 223 of 223