Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
October 20, 2016 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, October 20, 2016 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Hardy 7:40 p.m. — Public Meeting — Planning/Zoning — Living Gospel Mennonite Church 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. — Stephen Molnar, Chair of SCOR EDC and Jim Oliver, Norfolk County Councillor re South Central Ontario Region Economic Development Corporation Partner Request Letter B. 7:15 p.m. —William Pol re Municipality of Bayham Official Plan Review Update 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Budget Meeting of Council held October 3, 2016 B. Regular Meeting held October 6, 2016 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 2016 Council Agenda October 20, 2016 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Minor Variance Hardy B. Notice of Public Meeting re Zoning By-Law Amendment Living Gospel Mennonite Church 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-42/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Site Plan Agreement— Stadey's Auto Sales Ltd. 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipal Delegation Request Form re Rural Ontario Municipal Association (ROMA) Conference B. Ontario Good Roads Association re Nominations C. Government of Canada re Accessible Canada D. Ministry of Tourism, Culture and Sport re Ontario Support for the Framework for Recreation in Canada 2015 E. Canadian Union of Postal Workers re Canada Post Review F. Ministry of Natural Resources and Forestry re Aggregate Resources Act G. Ministry of Municipal Affairs re Municipal Election Update H. Ministry of the Environment and Climate Change re Applications for Great Lakes Project Funding I. County of Elgin re Elementary Pupil Accommodation Review (Proposed) J. South Central Ontario Region Economic Development Corporation Newsletter K. City of Belleville Resolution re Supporting Agricultural Experts in Their Fields L. Township of Madawaska Valley Resolution re Violence M. Municipality of Grey Highlands Resolution re Accommodation Review Process N. Long Point Region Conservation Authority Board of Directors Minutes of Meetings held August 3, 2016 and August 24, 2016 2016 Council Agenda October 20, 2016 O. Alternative Land Use Services Elgin County Partnership Advisory Committee Minutes of Meetings held April 5, 2016 and May 3, 2016 P. Janet Booker re Condition of Culloden Road Q. Notice of Project Initiation and Public Consultation re Proposed Bayham Drive Bridge Closure 11.1.2 Requiring Action A. Laurel Ratcliffe re Discharge of Firearms By-Law B. John Corboy, Co-Chair Port Burwell School Council re Port Burwell Public School Parking C. Association of Municipalities Ontario re AMO Seeks Council Resolution 11.2 Reports to Council A. Report TR-21/16 by Lorne James, Treasurer re 2016 Q3 Variance Report B. Report CAO-60/16 by Paul Shipway, CAO re Off-Road Vehicle Regulations C. Report CAO-61/16 by Paul Shipway, CAO re 9344 Plank Rd., Straffordville — Municipal Office D. Report CAO-62/16 by Paul Shipway, CAO re Municipal Alcohol Policy E. Report CAO-63/16 by Paul Shipway, CAO re Road Damage — Entrance By-Law F. Report CAO-64/16 by Paul Shipway, CAO re Edison Museum Information 12. BY-LAWS A. By-Law 2016-087 Being a By-law to Stop Up, Close and Convey Part of The Unopened Road Allowance East of Snow St West of Oak St between Lot 7 and 8 Plan 54 (This by- law follows the resolution of Council July 21, 2016 to dispose of said lands in accordance with the Municipality of Bayham Sale and Disposition of Land Policy) B. By-Law 2016-088 Being a By-law to authorize the execution of a Site Plan Agreement (This by-law follows Report DS-42116 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of Council of October 20, 2016) C. By-Law 2016-089 Being a By-law to authorize the sale of lands owned by the Municipality of Bayham D. By-Law 2016-090 Being a By-law to authorize the execution of an agreement with Bell Mobility Inc. (This by-law follows Report CAO-57116 by Paul Shipway, CAO during the regular meeting of Council of October 6, 2016) 2016 Council Agenda October 20, 2016 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Edison Museum) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-091 Being a By-law to confirm all actions of Council 16 ADJOURNMENT J opme corp!� nt South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 October 14, 2016 Dear Mayor Ens; On behalf of the entire Board of South Central Ontario Region Economic Development Corporation (SCOR EDC) please consider this our request for partner contribution for 2017 & 2018. We are requesting a two-year commitment from each municipality, which will correspond with the end of the current Council term. Since SCOR EDC's incorporation we have accomplished a lot together. The vision of the five counties to partner and commit to a shared vision to the year 2020 has made SCOR a strong region and one that is held up as a model for other communities and regions to work together. SCOR EDC continues to focus on issues that will help the region to maintain our competitive edge and attract a diverse mix of investment to the re- gion. We are also partnering with other organizations that have common goals and aspirations in sectors the Board has identified as priority. An important priority for SCOR EDC has been and continues to be relationship building and the pay-offs of that are now evident. We have received comments from several Ministers on the value of SCOR EDC in un- derstanding the often unique and collective needs of our region which is comprised of mostly small urban and rural communities. To this end we have been focusing on 1. Infrastructure supporting economic development 2. Human Capital supporting economic development 3. Sector Development : focusing on agriculture and food Some of our current priority activities, which could require consistent attention over the next two years include: completion of the Food Hub Project by December 2017, utilizing Ontario Trillium Foundation funding obtaining approval and funding from the Province for and undertaking implementation of the "Climate Smart Region" pilot project around water and food security fostering a relationship with 168 Canada.com Corp. to attract investment to the region from China Our partner request for 2017 and 2018 has been decreased to $25,000/year from $35,000. A stable base of municipal partner funding and support will allow the corporation stability in operations and allow us to further leverage funding to continue to give you the best return on investment. There is still more to be done and we are happy to be working with strong municipal partners with a strong vision for the region. Thank you once again for your time and continued support. We are asking that support in principle by Coun- cil for our continued operation over the next two years be provided prior to December 31 of this year. Sincerely, Stephen Molnar Chair SCOR EDC �o°�°F rr�iddlesex � r,' s Brantti" I 7 � Elgin �° ° tordCounty (CSliNTS"'�' (] p p Progr NebyNature ,Y(7Y.Yi1f1vSt1'01'�g6Y:,.IQg2f�1eP Awftmm000m South Central Ontario Region Economic Development Corporation (SCOR EDC) 4 Elm Street, Tillsonburg, ON N4G OC4, P: 519-842-6333 Our partner request for 2017 and 2018 has been decreased to $25,000/year from $35,000. A stable base of municipal partner funding and support will allow the corporation stability in operations and allow us to further leverage funding to continue to give you the best return on investment. Below is the operational budget for 2017 and 2018 BUDGET 2017 :1 • •. Bank $30,000.00 REVENUE BUDGET 2017 Brant $25,000.00 Middlesex $25,000.00 Norfolk $25,000.00 Oxford $25,000.00 Elgin $3,000.00 GST rebate $12,000.00 PERSONNEL Staff wages and benefits $101,500.00 ADMINSTRATION EXPENSES Project Support $8,000.00 Corporate Costs (insurance, legal, audit, banking, agm $16,000.00 Rent and facilities (phone, printing, IT support) $10,500.00 computer and webs ites $4,000.00 Auto Mileage $5,000.00 COON,,,OF 1-4411010- m i d d l e s ex ,.-I�GrauJ �� ��� Elgin a `Y@OxfiordCoutay.t�y Progre iwbyNature growmgstronger...together BUDGET 2018 RP Bank $0.00 REVENUE BUDGET 2017 Brant $25,000.00 Middlesex $25,000.00 Norfolk $25,000.00 Oxford $25,000.00 Elgin $3,000.00 GST rebate $12,000.00 PERSONNEL Staff wages and benefits $71,500.00 ADMINSTRATION EXPENSES Project Support $8,000.00 Corporate Costs (insurance, legal, audit, banking, agm $16,000.00 Rent and facilities (phone, printing, IT support) $10,500.00 computer and webs ites $4,000.00 Auto Mileage $5,000.00 4 Elm Street, Tillsonburg, ON N4G OC4, Telephone: 519-842-6333, IBI GROUP 203-350 Oxford Street West I I London ON N61H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Paul Shipway CAO Date October 13, 2016 Marg Underhill, Deputy Clerk From William Pol, MCIP, RPP Project No 3404—Official Plan Review cc Joe Heyninck, P. Eng. Subject Municipality of Bayham Official Plan Review—Update to Council Introduction The purpose of this memo is to provide Council with background information to initiate the statutory five (5)year review of the Municipality of Bayham Official Plan. Municipalities are required to update their Official Plan every five years to ensure that the plan implements any changes to the Provincial Policy Statement(PPS) or provincial plans. The review is also an opportunity to ensure the Official Plan conforms to the County of Elgin Official Plan. Most importantly, this review will ensure the policies and map schedules continue to address local land use planning priorities and changing community needs. This Official Plan for the Municipality of Bayham was adopted by Council July 5, 2001 and approved by the Ministry of Municipal Affairs and Housing August 15, 2002. Since then the most recent Official Plan review was approved by the Ministry January 10, 2012. Based on the need for a review every 5 years Council is now required to undertake this review process. Two significant legislative changes that have occurred since the last review are the Provincial Policy Statement 2014 (PPS)and the County of Elgin Official Plan. The Municipal Official Plan is required under the Planning Act to be consistent with and conform to these policies. Several new land use matters have been incorporated into these document mandating amendments to Bayham's Official Plan. The following report is divided into three parts. Part 1 identifies land use topics that have arisen since the last Official Plan review. Part 2 sets out the tasks required to complete the review identifying the public engagement and meetings. Part 3 sets out the timeline and estimated costs to undertake the review. 1131 Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Part 1: Land use planning changes since January 2012 • The Provincial Policy Statement was updated in 2014 and includes several changes which need to be considered for this amendment. The provincial ministry provides policy direction on land use planning and key issues that affect our communities. Specifically it identifies the need to create resilient communities, encourage active forms of transportation, addressing greenhouse gas emissions, climate change, protection of threatened and endangered species habitat and consider the interests of aboriginal communities in conserving cultural heritage and archeological resources. • The County of Elgin Official Plan applies to all the lands in the Municipality. Most importantly, the County plan establishes growth boundaries and sets population targets for the lower tier municipalities. At this time the Municipality is not considering boundary changes to settlement or hamlet areas and there are no anticipated changes. The County Plan speaks to economic development opportunities related to tourism that may be considered. • Bill 73 makes changes to both the Development Charges Act and the Planning Act providing opportunities for public notice and public participation processes that are tailored to the specific interests of the Municipality. Other planning process changes are available to include in the Official Plan for consideration. • Residential secondary suites have been identified as a topic that the Province would like to see addressed in planning regulations. The Municipality of Bayham Official Plan does not currently include secondary suites and the Plan needs to be amended to incorporate this land use. • The Conservation Authority has completed an extensive shoreline erosion study impacting the Lake Erie Shoreline in Bayham. Official Plan policies and maps should be revised to incorporate methods to protect the safety of residents and the public and address changes in public access to this area. • Redevelopment of environmentally contaminated brownfield sites is an opportunity to reuse lands that have existing municipal services but remain vacant. Policies to encourage adaptive reuse should be added to the Plan. • Demographic shifts in population distribution, age and background may be considered to include Official Plan policies in response to these changing patterns of development. IBI GROUP MEMORANDUM 3 Part 2-The Review and Update Process Phase 1 —Technical Data Updates and Community Engagement • Task 1-1: Provide agency notice and confirm land use planning changes and collect data from Provincial ministries, County of Elgin agencies, the Conservation Authority and local agencies. Data updates may include but are not limited to Provincially significant wetlands; habitat of threatened or endangered species; shoreline erosion; population changes; municipal servicing updates; lotting pattern and building permits. • Task 1-2: Provide public notice and conduct a public open house to provide information and invite comments on the Official Plan review process and content. • Task 1-3: Review the legislative changes to the Planning Act, Provincial Policy Statement 2014, the County of Elgin Official Plan and related legislation that require Official Plan revisions to obtain consistency with upper level plans. • Task 1-4: Review the number and type of Official Plan amendment applications since the previous Official Plan review. • Task 1-5: Review trends in land use planning in Southwestern Ontario and specifically in Elgin County to confirm the policy directions. • Task 1-5: Prepare and present a report summarizing revised data, public and agency comments and identifying specific Official Plan revisions for the next phase Phase 2— Draft Official Plan text and map revisions • Task 2-1: Prepare Draft Official Plan Schedule amendments • Task 2-2: Prepare Draft Official Plan text amendments • Task 2-3: Review the draft revisions with staff and council prior to circulation. • Task 2-4: Circulate the draft Official Plan revisions to Provincial ministries, County of Elgin agencies, the Conservation Authority and local agencies. • Task 2-5: Provide public notice and publish the draft Official Plan text and map schedules on-line and in paper copy at various public locations. • Task 2-6: Prepare and present a summary report of all comments received on the draft Official Plan text and map revisions for direction on changes to the draft IBI GROUP MEMORANDUM 4 Phase 3— Finalization and adoption of the Official Plan and public open house • Task 2-1: Finalize revisions to the Official Plan text and map schedules; draft the Official Plan amendment • Task 2-2: Liaise with staff and council regarding the final draft Plan revisions • Task 2-4: Provide public notice and publish the Official Plan for adoption • Task 2-5: Circulate relevant revisions to the Provincial, County and local agencies • Task 2-6: Conduct a public open house and public meeting for the Official Plan amendments. • Task 2-7: Attend and present at the Council meeting to adopt the Official Plan amendments Phase 4—Official Plan amendment approvals • Task 4-1: Prepare the Official Plan text and schedule amendments for submission to the County of Elgin for approval • Task 4.2: Liaise with the County of Elgin with regards to the proposed amendments • Task 4-3: Prepare a report to Council of any revisions proposed by the County of Elgin • Task 4-4: Attend and present at the County of Elgin meeting with respect to the approval of the Official Plan amendments as required • Task 4-5: Review and respond to any appeals to Official Plan amendments and attend Ontario Municipal Board hearings related to the amendments as required. IBI GROUP MEMORANDUM 5 Part 3— 1 Proposed Timeline Phase Start and completion month Phase 1 — Technical Data Updates and January—April 2017 Community Engagement Phase 2 — Draft Official Plan text and map May—July 2017 revisions Phase 3 — Finalization and adoption of the August—October 2017 Official Plan and public open house Phase 4—Official Plan amendment approvals November -January 2018 Part 3-2 Estimated Cost for the Official Plan revisions Phase 1 —Technical Data Updates and Community Engagement- $9,000 Phase 2— Draft Official Plan text and map revisions - $11,000 Phase 3— Finalization and adoption of the Official Plan and public open house - $7,500 Phase 4—Official Plan amendment approvals - $3,500 (possible Ontario Municipal Board hearings will be estimated separately) Disbursements will not exceed - $2,500 Total estimate before taxes - $33,500 Respectfully submitted, W r r ✓ of (original signed) IBI GROUP William Pol, MCIP, RPP Affiliate IBI Group THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BUDGET MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Monday, October 3, 2016 6:30 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER RANDY BREYER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY DEPUTY CLERK/PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES WATER/WASTEWATER OPERATIONS MANAGER ED ROLOSON FIRE CHIEF/BY-LAW ENFORCEMENT OFFICER RANDY WHITE CLERK'S ASSISTANT BRENDA GIBBONS 1. CALLTO ORDER Mayor Ens called the meeting to order at 6:30 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Report CAO-59/16 by Paul Shipway, CAO re Clean Water Wastewater Fund (CWWF) added as Item 4-A 4. 2017 - 2026 DRAFT CAPITAL BUDGET A. Report CAO-59/16 by Paul Shipway, CAO re Clean Water Wastewater Fund (CWWF) Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-59/16 re Clean Water Wastewater Fund (CWWF) be received for information; THAT staff be directed to make application to the Ontario Community Infrastructure Fund for the Richmond Distribution System-Bayham Water Meter Upgrades; THAT staff be directed to submit Port Burwell Storm Sewer Projects, in accordance with Appendix `A', to the Clean Water Wastewater Fund. THAT staff be directed to make the modifications to the Capital Budget to reflect the above grant program changes. CARRIED 2016 Council Minutes October 3, 2016 B. Report TR-20/16 by Lorne James, Treasurer re 2017 — 2026 Capital Budget — Draft i. 2017 — 2026 Capital Budget— Draft (included as a separate Item) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT staff be directed to remove Capital Item FA-2- Vienna Community Centre Parking Lot from the 2017 Capital Budget and Council have further discussion during 2017 on the Capital Item. CARRIED Moved by: Deputy Mayor Southwick Seconded by: Councilor Ketchabaw THAT Report TR-20/16 re 2017-2026 Capital Budget— Draft be received for information; AND THAT Council approve in principal the 2017— 2026 Capital Budget, as amended. CARRIED 5. BY-LAW A. By-Law 2016-078 Being a By-law to confirm all actions of Council Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT confirming By-law 2016-078 be read a first, second and third time and finally passed. CARRIED 6. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Council meeting be adjourned at 8:18 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 9344 Plank Road, Straffordville, ON Council Chambers Thursday, October 6, 2016 7:00 p.m. Council recessed for a short break at 8:03 p.m. and reconvened at 8:10 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER RANDY BREYER ED KETCHABAW STAFF PRESENT: CAO PAUL SHIPWAY DEPUTY CLERK/PLANNING COORDINATOR MARGARET UNDERHILL CLERK'S ASSISTANT BRENDA GIBBONS 1. CALL TO ORDER Mayor Ens called the meeting or order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. South Central Economic Development Corporation is presenting Local Food Recognition Day October 14, 216 to recognize local food champions in the South Central Ontario Region who promote local food through technical advancements, food literacy, business advancements, food access, research, and more. B. SCOR will be visiting municipalities to work on the development of a plan going forward for the next two years and a delegation is scheduled for October 20, 2016. C. The province is celebrating Ontario Agriculture Week in recognition of hard-working farmers and their families who provide Ontarians with fresh, locally-grown, high-quality food and beverages. D. Fire Prevention Week is October 9 — 15 with the theme Don't Wait— Check the Date — replace smoke alarms every ten years. 2016 Council Minutes October 6, 2016 5. DELEGATIONS A. 7:05 p.m. — Susan Chilcott on behalf of the Friends of Edison re Edison Museum of Vienna Susan Chilcott read a prepared statement with information in regard to the Friends of Edison group noting volunteer commitment, progress on obtaining charitable status and accomplishments of the group since the end of August as well as questions from the group for Council. Following the presentation, questions were presented from Council to the group to which group member Mat Schafer provided response. Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT presentation by Susan Chilcott on behalf of the Friends of Edison re Edison Museum of Vienna be received for information; AND THAT staff be directed to bring back a report to the October 20, 2016 meeting outlining Edison Museum financials including reserve / source, financials / budget, capital costs, do not occupy order and zoning. CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting of Council held September 15, 2016 B. Public Meeting held September 15, 2016 Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the minutes of the regular meeting held September 15, 2016 and the public meeting held September 15, 2016 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 2016 Council Minutes October 6, 2016 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Zoning By-law Amendment Living Gospel Mennonite Church Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-40/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Drainage Agreement— Max Underhill's Farm Supply, Town of Tillsonburg Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report DS-40/16 regarding the drainage agreement with Max Underhill's Farm Supply and the Town of Tillsonburg be received; AND THAT By-law No. 2016-084 being a By-law to authorize the execution of a drainage agreement between the Corporation of the Municipality of Bayham and Max Underhill's Farm Supply Limited and the Corporation of the Town of Tillsonburg be presented for enactment. CARRIED B. Report DS-41/16 by Margaret Underhill, Deputy Clerk/Planning Coordinator re Official Plan Amendment No. 17 and Zoning By-Law Z653-2016 Moved by: Deputy Mayor Southwick Seconded by: Councilor Ketchabaw THAT Report DS-41/16 regarding the Official Plan and Zoning By-law Amendments for 31 Elizabeth Street, Port Burwell, be received for information; AND THAT Council received three written and zero oral submissions on these planning applications. These public comments: • did not alter the decision of Council AND THAT By-law 2016-085, being an adopting By-law for Official Plan Amendment No. 17 regarding lands designated as "Institutional" being changed to "Industrial" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 17 be forwarded to the County of Elgin for approval; 2016 Council Minutes October 6, 2016 AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 17 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands from the Institutional (1) Zone to the Site-Specific Urban Industrial (M4- 5) Zone; AND THAT Zoning By-law Z653-2016 as amended be presented to Council for First and Second reading. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Aurora re Ontario Municipal Board Reform Update letter to Premier Wynne B. Municipality of Dutton/Dunwich re Hydro Cost Resolution C. Transport Canada re Grade Crossings Regulations pursuant to the Railway Safety Act D. Thames Valley District School Board re Proposed Elementary Pupil Accommodation Review 01 E. Ministry of Natural Resources and Forestry re Stage II Engagement Sessions Summary Report F. Notice re Straffordville Community Centre Rental Booking Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence items 11.1.1-A— 11.1.1-F be received for information. CARRIED 11.1.2 Requiring Action A. Serge Pieters re Parking in Port Burwell and Wheelhouse Committee Contribution Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT correspondence from Serge Pieters re Parking in Port Burwell and Wheelhouse Committee Contribution be received for information; AND THAT parking line painting be referred to 2017 Operating Budget deliberations for Council considerations. CARRIED 2016 Council Minutes October 6, 2016 B. Port Burwell Historical Society Members re Wheelhouse Project Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence from Port Burwell Society Members re Wheelhouse Project be received for information. CARRIED C. Museums Bayham Advisory Board & Committee Resolution Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council of the Municipality of Bayham approves request from Museums Bayham to re-advertise the posting of vacancy for a new board member on the Municipality of Bayham website and follow consistent and proper procedure regarding the new application process. CARRIED 11.2 Reports to Council A. Report CAO-57/16 by Paul Shipway, CAO re Bell Small Cell Agreement Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-57/16 re Bell Small Cell Agreement be received for information; AND THAT Council direct staff to bring forward a by-law to authorize the execution of a Master License Agreement with Bell for Small Cell Technology. CARRIED B. Report CAO-58/16 by Paul Shipway, CAO re St. Thomas Community Recycling Centre Moved by: Deputy Mayor Southwick Seconded by: Councilor Ketchabaw THAT Report CAO-58/16 re St. Thomas Community Recycling Centre (CRC) be received for information. CARRIED 2016 Council Minutes October 6, 2016 12. BY-LAWS A. By-Law 2016-083 Being a By-law to authorize the execution of a contribution agreement between The Municipality of Bayham and Her Majesty the Queen in Right of Ontario as represented by The Minister of Agriculture, Food and Rural Affairs regarding The Ontario Community Infrastructure Fund — Formula-Based Component (This by-law authorizes provision of funding under the Formula-Based Component of the Ontario Community Infrastructure Fund) B. By-Law 2016-084 Being a By-law to authorize the execution of a drainage agreement between The Corporation of the Municipality of Bayham and Max Underhill Farm Supply Limited and The Corporation of the Town of Tillsonburg (This by-law follows the recommendation made in Report DS-40116 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of Council of October 6, 2016) C. By-Law 2016-085 Being a By-law to adopt Official Plan Amendment No. 17 regarding lands designated as "Institutional" being changed to "Industrial" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-41116 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of Council of October 6, 2016) D. By-Law Z653-2016 Being a By-law to further amend By-Law Z456-2003 (First and Second Reading only. This by-law follows the recommendation made in Report DS-41116 by Margaret Underhill, Deputy Clerk/Planning Coordinator during the regular meeting of Council of October 6, 2016) Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-laws 2016-083, 2016-084, 2016-085 be read a first, second and third time and finally passed; AND THAT By-law Z653-2016 be read a first and second time only. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:10 p.m. to discuss: • Proposed or pending acquisition or disposition of land by the municipality or local board • Personal matters about an identifiable individual, including municipal or local board employees CARRIED 2016 Council Minutes October 6, 2016 A. Confidential item regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Eden Community Centre) B. Confidential Item regarding personal matters about an identifiable individual, including municipal or local board employees (Staffing) 14.1 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session 8:41 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2016-086 Being a By-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT confirming By-law 2016-086 be read a first, second and third time and finally passed. CARRIED 16 ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the Council meeting be adjourned at 8:42 p.m. CARRIED MAYOR CLERK 11NAYH41t, NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED - MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM Op''ortuniity Ise°a{y APPLICANT: HARDY TAKE NOTICE that the Municipality of Bayham has received a completed application for a proposed Minor Variance. AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday October 20, 2016 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Village Residential (R1) Zone, Section 10.8 to permit a front yard setback of 3.8 m (12.5 feet) whereas the minimum front yard setback is 7.0 m (23.0 feet), for a property with 0.05 ha (0.13 acres) of lot area located on the south side of Southey Street, east of Chatham Street, in the Village of Port Burwell known as 2 Southey Street. THE EFFECT of the variance will be to allow the construction of a new residential building and detached garage. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed minor variance. IF YOU WISH to be notified of the decision of the Committee of Adjustment, you must make a written request to the undersigned. ADDITIONAL INFORMATION relating to the proposed minor variance may be obtained at the Municipal Office. DATED at the Municipality of Bayham this 7tn day of October 2016. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill XOMERsT Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 9344 Plank Rd. Straffordville, ON, NOJ 1 YO cowrxsT T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill(a)bayham.on.ca z a] 1�1 � W: www.bayham.on.ca 3,(3;i:10 q.:SoUTHEY. r l.a?1 tt SUBJECT LANDS e e MMYSONST y BURWELG T h 5 0 A Q Village of Port Burwell I 1 GREEN LINE ° ?I 1. (ia � l • ORINTH Esr LIN= - Ri Q €€:? ��C�SDNLINE Ii; O i 19 w it ORTH EDEN LINE Q HALL �ou<- y 0 i;!I`' SHADY EDEN 637 N 52 ii.: GE I^ S;'O�S\ w a °DER RID Z�?i3=i rE�INE BgLDWIN :o �.1NE `�EI� �1<3' LINE rn APLE GFROV pr & a6 f Z LINE o Sii iii INCEI� i; 00 P07 EGO eq<<LINE �° HOWEY LINE 4 is \NE iCHMON Ae\ sj Z� E s is � RID 0y ii1;i'sa O �_ F ti:a Ia' Nil ° 38 1 x• .� C 561 m 'C 38 ❑ m cai ir O ! li'llii 43 - u 2SSTRAFF DVI LE 0 5 W ❑ uj U Q JAC Z ¢ HERS LINE 0 '0' 54�0�s°NLINF < x �P I 1ANit5 _ . 526�i - U) O E i UNE �i! ° ALTON 6�`J cALT°N CC¢ ❑ ii ¢ Z: 45 Q oo Db2651 0❑i N ;i Y W 1 � 0€ i '0 ¢ Z 0 4.1... :� N O ¢ a J Sr54,p;- € J Afe c IY ° m tt Q O 45 ' 5 1 5 :i4Si€ � \ L/NEGgti. W� 0 - d SB396 0 0 SSSB n �a3 ti"Ve/V/V. IF MN CHUTE GIGNTLI 41' 41 uNE NF i:; O ❑El 116- 3 0 LAKEVIEW tt c ❑ ° 5�828 0 tr 0¢ V/ENNA I! -2661 0 34y O S 3 43 Z °COTjq 6 0 J �TUNN ¢ LIN 42 J 0 FL LI 7( 0 oj? y,68� w ❑ I NF .I N (Y CipF N Z Q W I [ e 19 J ¢ O SJ82g J 5 m 0 ? ° s0 GLFiy 55,I PROVINCIALu. 9 420 9j0 eR1 FCINF O PARK F L9k S�b28iii LI Fs R P RT BURWELL 5� -'ci- Ecks NOTICE OF A PUBLIC MEETING y� CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM s y At'�x�unity xs�°� APPLICANT: REMPEL/ KNELSEN LIVING GOSPEL MENNONITE CHURCH TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, October 20, 2016 at 7:40 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is is to change the zoning regulations on a 0.43 ha (1.06 ac) parcel of land, in the Highway Commercial (HWC-1) Zone to a Highway Commercial Exception (HWC- #) Zone in Zoning By-law Z456-2003. The subject lands are located in the north half part of Lot 15, Concession 5, on the west side of Plank Road and known as 8277 Plank Road. THE EFFECT of this By-law will be to permit a private school on a 0.43 ha (1.06 ac) parcel of land and retain the existing church use. ANY PERSON may attend the public meeting and/or make a written or verbal representation in support of or in opposition to the proposed amendment. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body is not entitled to appeal the decision of the Council of the Corporation of the Municipality of Bayham to the Ontario Municipal Board. IF A PERSON OR PUBLIC BODY does not make oral submissions at a public meeting, or make written submissions to the Municipality of Bayham before the by-law is passed, the person or public body may not be added as a party to the hearing of an appeal before the Ontario Municipal Board unless, in the opinion of the Board, there are reasonable grounds to do so. IF YOU WISH to be notified of the adoption of the proposed amendment, you must make a written request to the undersigned. ADDITIONAL INFORMATION about this application is now available in the Municipal Office. For more information about this matter, contact the Municipality at the address, email or website shown below. O. Reg. 175/16, s.1 (13). Dated at the Municipality of Bayham this 28th day of September 2016. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator �,O '124 Municipality of Bayham P.O. Box 160, 9344 Plank Rd. Straffordville, ON, NOJ 1YO T: 519-866-5521 Ext 222 F: 519-866-3884 E: muneerhill cni bavham.on.ca Jac °Nl'^ W:www.bayham.on.ca SUBJECT LANDS �a 2 v Z—�✓inJG �SoS�LZ /�[_`WNc;✓r?� Cifur2C l� d l ` REENLINE:w. 0 ,0 z J o 3 4 1 "yia6q 46 ORINTH "C w r.� �*q m EST LINt v° v DG g; I. l x 7 RS N LINE qi::` .mt, a :O ryp Q 3 i 1 9 W � o ORTH EDEN LINE ° HALL 44 5>024 N rr :: :. SHADY EDEN 5263; :>*� NE r o I IvylD6E `'' R RG Its`,. OTTE Z,iEslh _ ATE LINE BALDWIN u L1NE iY Fi3i's m '4PLC GROVE d li i;- U NE �I fA€> 'is Z i93 46 Z LINE � INCENt:3i }a HO LINE Fii sl 4 LINE EO WEY E„ 3 JN� S3pyT 7CN,MON �Pe��� S�F Z� p E r 04 Rp f 333a 5 ar :;_o d� C 38 561z �FL��P� 38 ¢ 0 i i SLC�Jrd t V liii >3 /�,�Y_,/ J � W �`E Nilii 43 23 TRAFF DVI' LE o 5 ' w LINE z Q ✓aCkSit o z 0 pMCRS I� 52398 :�s,t• - O S4>p> NL/Nf �ANcS= 52647 O ;n sS250 0 W m Qii ::m `a C O It O:i €: yes aLTpN I p , " ALTON Q Q 52651 �`li. ;: 45 N Q 5 4q L/NE o J - i 53481 p O Y W 3i: Z [ si3 Z Q Z 0 O Z 0 A Q W;I.X D D _j C� S> Ur iii o::+i II II O O JO is M II y ¢1 Ljj x T F 45 E; 5334s I CQ NFGgN/ a0 a`m° s8395 52521 U SSSBy m e3 \�• � VIFNN MN GµUTE m NT :. - `421> A V LlG LI o NE 41 UNE NF ,LAKEVIEW ao o o ° VIENNA 829it ii u 0 52661 0 `I:a ii 349 3 Z '8g38'i m [ii O 9 SC s436p 3 p TUNi i€ O O OTIq U a w N 42 ~C �RCy� p68�0 O W � tl N tr c�Ne J O S>829 (� 19 w � O E U 5 F 0 O 0 ep9j GLENeRI o 55 Fn 39 O O eQA1 PROVINCIAL 42 LL PARK Q s>828 iii it i '. F- L NFeSyO P RT BUR WELL RF w.wreawpc+s �AYHA_ Will ' REPORT o� o��� DEVELOPMENT SERVICES portunity I9�C TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: October 20, 2016 REPORT: DS-42/16 FILE NO. C-07 / D10.STAD / BL 2016-088 Roll # 3401-000-004-18605 SUBJECT: Site Plan Agreement—Stadey's Auto Sales Ltd. BACKGROUND: A site plan control application was received on October 11, 2016 and deemed complete October 13, 2016 from Stadey's Auto Sales Ltd. for their property located at 9548 Plank Road, Straffordville. The application proposes the construction of a 292.46 m2 (3148 sq.ft.) Showroom and Storage Building with lot upgrades for gravel parking area and connection to the municipal sanitary sewer system. The subject land is designated "Commercial" in the Official Plan and zoned Central Business District (Cl) in the Municipality of Bayham Zoning By-law Z456-2003. No OP or ZB changes proposed. DISCUSSION: Based on staff review of the site plan approval application and accompanying final drawing received on September 30, 2016, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law. Policies require a 3.0 metre buffer area between Commercial use and Residential use. As proposed, the property owner is maintaining the existing required buffer area at 3.0 + metres as plantings and board fence along the entire length of the south side lot line abutting the residential use, gravel parking area remains for drainage and the existing sanitary servicing to the small sales office (to be removed within the year) will be extended to the new building. Staff recommends approval of the site plan agreement as presented for the expansion of the Stadey's Auto Sales Ltd. business. ATTACHMENTS 1. Site Plan Application 2. Draft By-law 2016-088 - Site Plan Agreement attached. Staff Report DS-42/16 Stadey's 2 RECOMMENDATION 1. THAT Report DS-42/16 regarding the Stadey's Auto Sales Ltd. site plan agreement be received; 2. AND THAT By-law No. 2016-088 being a By-law to authorize the execution of a Site Plan Agreement between Stadey's Auto Sales Ltd. and the Municipality of Bayham for development at the property known as 9548 Plank Road be presented for enactment. Respectfully Submitted by: Reviewed by: Mar aret Underhill 17 u ipwa Deputy Clerk/Planning Coordinator CAO SAY FILE No. REC'D: ®pponi�$BYopt9 DATE APPLICATION CONSIDERED COMPLETE: oc� 13�f(e . FEE RECEIVED:$,?oc c' MUNICIPALITY OF BAYIIAM �'� °� ,3 � o SITE PLAN APPROVAL APPLICATION FORM The undersigned hereby request the Municipality of Bayham to consider a Site Plan Control application pursuant to Section 41 of the Planning Act on the lands hereinafter described. This application is accompanied by a fee of$500($250 fee+$250 deposit for properties with accumulative building area of 150 m2 or less)OR$2000($1000 fee&$1000 deposit for accumulative building area 151 m2 or greater)by cash or cheque made payable to the Municipality of Bayham. 1.BACKGROUND INFORMATION a) Applicant's Name f'•�. .`,: -�t�_ i i 1 1 L_.S. {�1 Applicant's Mailing Address ( `! r��_ t < !2- Telephone C~<.' C Fax Number b) Registered Owner(if other than applicant) 1-1 Owner's Address < tic Telephone Number `' j c- L<' Fax Number c) Location of Subject Land Lot Number(s) Plan No.or Concession Part Number(s) J 1 Reference Plan -'� 911 Address(if any) %� The subject land is located on the L VS 7 side of between and d) Existing use of Subject property 1 e) Specific indication of proposed uses of land and buildings 0 Official Plan Designation g) Zoning By-law-Existing Zoning -Requested Zoning 1 2.SITE INFORMATION EX!S-ii/v�._. a)Zoning Provisions REQUIRED PROPOSED Lot Frontage ;' Lot Depth (L•i 2 s L Lot Area S &,q A9 Lot Coverage Front Yard Rear Yard Interior Side Yard Exterior Side Yard(corner lot) Landscaped Open Space(%) s5 C-7 No.of Parking Spaces No.of Loading Spaces Widthof Planting Strip E % Driveway Width Handicap Spaces ----- Other(Specify) --- Off-Street Parking and Loading Facilities Total number of off-street parking spaces existing Number of off-street parking spaces proposed(include existing&proposed) Number of off-street loading facilities existing L Number of off-street loading facilities proposed(include existing&proposed) b) Proposed Building Size: Ground Floor Area of Existing Buildings(s) , Ground Floor Area of Proposed Development I Li Total Ground Floor Area 1 (including existing&proposed) Number of Storeys proposed Building Height Proposed Total Gross Floor Area Proposed ,1�� c f j (including existing and proposed) - k 3. COMPLETE AS APPLICABLE: a) MULTIPLE FAMILY RESIDENTIAL Landscaped Area j sq m Conversion or Addition to Existing Residential Buildings Yes No Amenity and/or Children's Play Area Yes No UNIT BREAKDOWN Type Number of Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom Three-Bedroom 2 3. COMPLETE AS APPLICABLE:-(cont'/ a) MULTIPLE FAMILY RESIDENT (cont'd) Other Facilities provided�pg.play facilities,underground parking,games rooms, swimming pool,etc.) i b) COMMERCL4,L/INDUSTRIAL/INSTITUTIONAL/OPEN SPACE OR OTHER USES (as applicable) No.of New Buildings Proposed Conversion or Addition to Existing Building Yes No Describe Gross Floor Area(breakdown by type of use,eg.-office area,retail,storage, manufacturing area,etc.) �• `i �i 7 _ f ;C,:r„l Seating Capacity(for rest.or assembly hall,etc.) Describe Type of Business Proposed 14:;;c 4:L'7,�ii No.of Staff Proposed-Initially In future(5 yrs) Open Storage Required Yes No v" Describe e,location,and bufferingif an Phasing if any Describe Type of Use Proposed _ F No.of Beds(if applicable) Gross Floor Area by Type of Use (eg.office,common rooms,storage,etc.) Landscaped Area sq m If residential use proposed as part of,or accessory to commercial/industrial/open space/other use,please specify Type Number of Units Floor area of Unit Type Bachelor One-Bedroom Two-Bedroom - Three-Bedroom ' cc J Dated this day of 20 / L tC; - Signa b ( /A t Signature of Owner/ gent S I, .� ,Ll,, t f'�- �,' of the V' ,';'�� if of in the / ?�U,rl�t-✓°c2/. � of r �L, 1 ? DO SOLEMNLY DECLARE THAT: All of the statements contained in this application are true and I 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 Act. DECLARED before me at the ///607/L ?ct/>1 / of ��, ; tt'i�� in the this (day of 20 f, _� Signal gent A C6tnmissioner,Etc. �T U1vD71LL,a Commissl?Ajtitre of Owner/Agent Deputy A NmrmsQnClerk of the Corporation of the Maaldp„lityof9:yltant. Attachments: Site Plan Control By-law 2005-061 with Schedule"A"only 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 - 088 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN STADEY'S AUTO SALES LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, 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 2005-061 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, 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 WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Stadey's Auto Sales Ltd. NOW THEREFORE THE COUNCIL 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 the Site Plan Agreement between The Corporation of the Municipality of Bayham and Stadey's Auto Sales Ltd. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 20th day of October 2016. READ A THIRD TIME AND FINALLY PASSED this 20t" day of October 2016. MAYOR CLERK SCHEDULE 'A' TO BY-LAW NO. 2016-088 SITE PLAN CONTROL AGREEMENT STADEY'S AUTO SALES LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Part Lot 126, Concession NTR, Part Lot 21 Plan 205, Bayham This Agreement made in duplicate this 20t" day of October 2016. BETWEEN: STADEY'S AUTO SALES LTD. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot 126, Concession NTR Part Lot 21 Plan 205 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Site Servicing Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (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 consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (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. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (1) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. 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 structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of ZERO Dollars and Cents ($ ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before October 20, 2017, 2016. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of NIL Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site- specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this 201h day of October 2016. Signed, Sealed, and Delivered ) In the presence of ) Dwayne Stadey, Owner I have authority to bind the Company CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk We have authority to bind the Corporation S1 TE PLAN PREPARED FOR BUILDING PERMI T AND LOT GRADING PART 5 11R - 3898 FOR. DWAYNE STADY PART OF LOT 126 CONCESSION NORTH OF TALBOT ROAD AND PART OF LOT 21 EAST OF PLANK ROAD s REGISTERED PLAN 205 (VILLAGE OF SMAMORMf) GEOGRAPHIC TOWNSHIP OF BAYHAM cLo MUNICIPALITY OF BAYHAM 4 ;� °� y COUNTY OF ELGIN uP.1 "' � �o�, c c� (PART 2, PLAN 11R-7227) o u� p�� s c% `r % o 5 to is uETrns m C. SCALE 1:300 �) METRIC DISTANCES SHOWN ON BE CONVERTED 7O FEET THBY DIVIDING Y 03048IS PLAN ARE IN E5 AND CAN M N L �° \ 9 V a CAUTION s ry p y a $ 1' rt 9° - THIS IS NOT A PLAN OF SURVEY OR SURVEYOR'S REPORT AND SHALL NOT BE USED FOR TRANSACTION OR FINANCING PURPOSES DO NOT CONVEY FROM THIS PLAN $:a * m / y,o `y+ \ - THE PROPOSED BUILDING AND ITS LOCATION SHOWN HEREON MAY BE \ 1 SUBJECT TO CHANGES PRIOR TO CONSTRUCTION. THIS SKETCH SHOULD NOT 8E RELIED UPON AS CERTIFICATION THAT THE DWELLING WAS ACTUALLY.Q Ltl CONSTRUCTED AS SHOWN. + rvr 8 EL +^-° 1 -ELEVATION OF EXISTING GROUND WATER TABLE AND SOIL CONDITIONS NOT DETERMINED S« rvry 1111 \ry - �l N 59'15'TO-W I NOTES CADwAMAOE SWAIE O 1.SZ SLOPE E-CH.WMK -E-1.SZ 7.e _�227_6 58. 7 1 ry I 227.38 _____�...___ _ FENCE (fl \`11` 11T 22T .7,3 2Z, z2�.681CA —Z.^swu£ a r.ss y ry 2n w ry (t)-PROPERTY DIMENSIONS ARE AS SHOWN ON DEPOSITED PLAN 71R-7227 ry 1 S.a9 1 ry* s.a9 —Y--- ry _�_ I n ry "' (2)-PROPOSED BUILDING POSITICNED BY CALCULATIONS,NOT BY ACTUAL SURVEY 227e5 j ,azea e.rD\�*� (3)-PROPOSED FINAL GRADES ARE SHOWN 227.75 AND ARE IN METERS m I El a N� -� ---- r _ a n 1 ry ? +�+ z 4 -T.F.W. DENOTES TOP OF FOUNDATION WALL w� S v 1 n ^ ' EIEV.T.F.W. 22675m () W^I ry 5✓1 ^ n C) z 2276 I ry ^� I r FiEv F.F.-226osm Q (5)-U.S.F. DENOTES UNDERSIDE OF FOOTING uz�I I N I iN ^ —� h'(" ry m I D1 ,U.S.F.-2ze.9bn Cd (6)-SITE BENCHMARK SPIKE SET INUTILITY POLE WEST OF THE SUBJECT PROPERTY HAVING A GEODETIC ELEVATION OF 228.35 meters 88 rD x u rv4. nl �. �1 zllrv,T6 —/ n s +^mx (7)-IT IS THE RESPON981UTY OF THE CONTRACTOR TO VERIFY THE ELEVATION �21_Tg y, — ti $ OF THE UPPER LIMIT OF THE GROUND WATER TABLE.SOIL BEARING ly 26'2 'r'�+ a CAPACITY AND THE ELEVATDN OF THE UNDER SIDE OF FOOTING 7. _ * _ mI+N 7.6T y.227.71 8 Iswowwocw I ^ rv^ ry PRIOR TO EXCAVATION. $ + $*h N ry ry' �ry,_`- N �17.71 - u7.T1-ry I I n +"'^ ^ 2 (8)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO ry F * * rv � z> t-- e - tl'�^ VERIFY THE SITE BENCH MARK PRIOR TO EXCAVATION N 227.69 (9)-EXISTING GROUND ELEVATIONS MEASURED SEPTEMBFR 14,2016 ARE SHOWN n ti a.6��227.75+ 3.e1 +ry ¢ . + ry* AND ARE IN METERS r.s ^ C/L Dw IK'AGE SWAIF * *h. ry rv+ * * DNN N 69.286 eo 70 © COPYRIGHT 2016 KIM RUSTED SURVEYING LTD. a ry i ry N 65'52' 41"W 1 i r'r THE REPRODUCTION,ALTERATION,OR USE OF THIS REPORT IN WHOLE DR IN ^ 7 Or r r 1 SIREf T PART THOUT THE WRITTEN PERMISSION OF KIM HUSTED SURVEYING a^ m Ltl NO�7N r1r7Fl _ LTD.IWIS STRICTLY PROHIBITED n n L� ti I L u� •THIS ORIGINAL IS KIM HUSTED SURVEYING LTD. AN ORI COPY C LOT L ]J UNLESS ONTARIO LAND SURVEYOR EMBOSSED WITH 30 HARVEY STREET, TILLSONBURG, ONTARIO. N4G US l7 1 SEAL" PHONE 519-842-3638 FAX 519-842-3639 Ll) DISK No. L% SEPTEMBER 26, 2016 PROJECT: 16-12504 REFERENCE: FILE rl �t, �'V'BEN H AR �� w �� ` ,.z l� ii; NE RNEi,T CON PORCH I P N K R ._-- �— _ _ ELE�I=227.954 ; > 2 ' s --300mmo STM — ——— —® 100.Om — 30 m STM �1-0A LCB 3.75m ASPH. / = E 8.50m 'BACK TO BACK CURB AND G 27, Z 27. u_ / - 27 _21 27, 27 _ 2Z 3i; 272 9;;. 3.75m ASPH. 120.Orrt — 250mm0 BAN ® 0.27% DESIGN RESTORA N 7.50m ASPHALT MH 19 2' T I(-T— ———— ——T—— — =CB'T40 T --� u) T —IT T \' . T T T CB BENCHMARK �T/WEST BOLT v �I�Nt` '� o !i / I 2. _ `, GAS AND VARIETY SI N i i II E?EV.=227.438 O 92 i> i vi j t I � 1 it O PDrI 227.73; I N f- 04 I j ACK CURB AND GUTTE . I II o S II 1' No 42 11 �+ z p 0 j' ,3 + LD di 9540 I' r i --'l I `FQH 227.88` MARK'S GAS AND � LITTLE'LOG° i 1 CABIN I / 1 CAFE 37-02 �y' "i 004-186 Q , 49 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at Ontario this day of 20_ Witness Signature Dwayne Stadey, Owner Address of Owner (Mailing) Telephone Number Hello/ Bonjour, Please be advised that the Municipal Delegation Request Form for the Rural Ontario Municipal Association (ROMA) Conference is now available online. Information about delegations and a link to the form are available here: http://www.mah.gov.on.ca/Pagel5019.aspx. The deadline to submit requests is Monday November 14, 2016. Veuillez noter que le formulaire de demande de delegation municipale pour le congres de la Rural Ontario Municipal Association (ROMA) est maintenant disponible en ligne. Des renseignements sur les delegations et un lien vers le formulaire sont disponibles ici : http://www.mah.gov.on.ca/Pagel5l23.aspx. La date de soumission des demandes est le lundi 14 novembre 2016. Thank you/ Merci, Roj i Roji Seevachandran Research Analyst Municipal Programs and Education I Municipal Services Division Ministry of Municipal Affairs Ministry of Housing P: 416-585-6850 1 E: roji.seevachandran@ontario.ca October 5, 2016 To the Head & Members of Council: Pursuant to Policy B-008 of the Ontario Good Roads Association, the Nominating Committee shall report to the Annual Conference its nominations for 12 directors. The following members of the Board will automatically serve on the 2017-2018 Board of Directors in the following capacity: President Ken Lauppe, Manager, Road Operations - East, Planning & Infrastructure Services, City of Brampton 1 st Vice-President Luc Duval, Director of Public Works & Engineering, City of Timmins Immediate Past President Robert Burlie, Manager of Road Operations, EtobicokeNork District, City of Toronto Those nominated by the Nominating Committee shall be selected from OGRA's municipal or First Nations membership pursuant to the requirements for geographic representation contained in Section 12 of the Constitution, and so far as possible meeting the criteria established in Policy B-008. A full copy of the Constitution can be viewed on the OGRA web-site: OGRA Constitution The following incumbent Directors have put their name forward wishing to continue to represent their respective Zones: North (3 to be elected) Rick Harms Project Engineer City of Thunder Bay Southwest (3 to be elected) Andy Bruziewicz, Virginia Ridley, Councillor Councillor City of Sarnia City of London Chris Traini, County Engineer County of Middlesex South Central (2 to be elected) Bryan Lewis, John McKean, Councillor Mayor Town of Halton Hills Town of the Blue Mountains Southeast (3 to be elected) Dave Burton, Rick Kester, Reeve CAO Municipality of Highlands East City of Belleville Michael Touw Director of Public Works Township of Leeds and the Thousand Islands Toronto (1 to be elected) Paul Ainslie Councillor City of Toronto Two vacancies exist in the Northern Zone. The Northern Zone consists of the municipalities in the Districts of Algoma, Cochrane, Kenora, Manitoulin Island, Nipissing, Parry Sound, Rainy River, Sudbury, Thunder Bay and Timiskaming; municipalities in and including the District of Muskoka and the City of Greater Sudbury. The Southwest Zone consists of the municipalities in and including the Counties of Brant, Bruce, Elgin, Essex, Haldimand, Huron, Lambton, Middlesex, Norfolk, Oxford, and Perth, the municipality of Chatham-Kent, and municipalities in and including the Regional Municipality of Waterloo. The South Central Zone consists of the municipalities in and including the Counties of Dufferin, Grey, Simcoe, and Wellington, and municipalities in and including the Regional Municipalities of Durham, Halton, Niagara, Peel and York, and the City of Hamilton. The South East Zone consists of municipalities in and including the Counties of Frontenac, Haliburton, Hastings, Lanark, Leeds and Grenville, Lennox and Addington, Northumberland, Peterborough, Prescott and Russell, Prince Edward, Renfrew, and Stormont, Dundas and Glengarry, and the Cities of Kawartha Lakes and Ottawa. Any member of Council or a permanent full time staff from an OGRA member municipality or First Nations interested in being considered as a candidate for a position on the Board of Directors must complete the attached Nomination Consent form and submit it along with their resume to the attention of the Chair of the Nominating Committee by no later than November 11, 2016. Fax your information to 289-291-6477, e-mail to info@ogra.org or mail to OGRA, 1525 Cornwall Road, Unit 22, Oakville, Ontario L6J O132 The Nominating Committee will meet in November to recommend a slate of Directors to the membership. The members of the Committee are: Chair: Rick Champagne, Immediate Past President Vice Chair: Tom Bateman, Past President Members: Bryan Lewis, OGRA Director John McKean, OGRA Director Virginia Ridley, OGRA Director Any questions regarding the Nomination process or serving on the Board of Directors can be directed to the undersigned at Loe@o_qra.org. Yours truly, J. W. Tiernay, Executive Director c: Rick Champagne, Chair, Nominating Committee Ontario Good Roads Association ��a� Board of Directors ' ' Nomination and Consent Form W��ia��o�/�wricpa�ties We hereby nominate the following to the Board of Directors of the Ontario Good Roads Association for the 2017/18 term of office: Name of Candidate Name: Position: Municipality: Moved by: Seconded by: (Candidates must be nominated by two eligible members of OGRA. A resolution of Council is acceptable but not mandatory) Candidate Consent The candidate nominated above must sign below indicating they consent to the Nomination and agree to let their name stand for office. I, hereby consent to the Nomination (Name of Candidate) to the Board of Directors of the Ontario Good Roads Association. Signature Date Submit completed form and candidate's resume by fax or e-mail to the attention of Rick Champagne, Chair, OGRA Nominating Committee Fax: 289-291-6477 E-mail: info ogra,org What does an Accessible Canada mean to you? In-person consultation sessions are taking place across Canada to inform the development of planned accessibility legislation. Did you know that approximately 14 percent of Canadians aged 15 years or older reported having a disability that limited them in their daily activities? And that there are approximately 411,000 working-aged Canadians with disabilities who are not working but whose disability does not prevent them from doing so? Almost half of these potential workers are post-secondary graduates. We all benefit when everyone can participate equally in everyday life. But many Canadians with disabilities and functional limitations face accessibility barriers in their communities and workplaces. That is why the Government of Canada has launched a consultation process that will inform planned accessibility legislation. All Canadians are encouraged to take part in the consultation process, either by attending an in- person session or by participating in the online consultation. A full list of in-person sessions can be found at Canada.ca/Accessible-Canada. If you would like to pre-register for an in-person session, or to notify us of accommodation needs, please notify the Office for Disability Issues: Phone: 1-844-836-8126 TTY: 819-934-6649 Fax: 819-953-4797 Email address: accessible-canada@hrsdc.gc.ca Mailing address: Consultation — Federal Accessibility Legislation c/o Office for Disability Issues Employment and Social Development Canada 105 Hotel-de-ville St., 1 st floor, Bag 62 Gatineau QC K1A OJ Canadians are also encouraged to follow @AccessibleGC on Twitter, Accessible Canada on Facebook and to follow the #AccessibleCanada hashtag. The consultation process will run until February 2017. For the most up-to-date information on in-person venues and dates, and to participate online, please visit Canada.ca/Accessible-Canada. Ministry of Tourism, Ministere du Tourisme, Culture and Sport de la Culture et du Sport Minister MinistreEzMW t 9th Floor, Hearst Block 9e etage, Edifice Hearst 1�r 900 Bay Street 900,rue Bay Ontario Toronto,ON M7A 2E1 Toronto,ON M7A 2E1 Tel: (416)326-9326 Te1.: (416)326-9326 Fax: (416)326-9338 Telec.: (416)326-9338 October 3, 2016 Dear valued partner in recreation, It is a pleasure to share with you the enclosed report: Ontario Support for the Framework for Recreation in Canada 2015. Providing opportunities for all Ontarians to engage in community sport, recreation and physical activity is critical to improving on our quality of life. Recreation influences the well-being of people from all walks of life, of any age and any level of ability. Our government is committed to ensuring that every Ontarian has access to physical activity and recreation programming. In February 2015 Provincial and Territorial Ministers responsible for Sport, Physical Activity, and Recreation (SPAR) formally endorsed the Framework for Recreation in Canada 2015 (the Framework) as a guiding document for the recreation sector in Canada. The Framework was developed by Provincial and Territorial Governments — including Ontario — and key representatives from the Canadian recreation sector led by the Canadian Parks and Recreation Association. The goal of the Framework is to guide and stimulate coordinated practices in recreation and to improve the well-being of individuals, communities and the built and natural environment. The Ministry of Tourism, Culture and Sport, as the lead ministry responsible for recreation within the province, has worked to identify Ontario government initiatives that align with the goals and priorities in the Framework. The Ontario Support for the Framework for Recreation in Canada 2015 highlights those supporting initiatives. Recreation has an impact on a variety of initiatives taking place across many Ontario ministries. Whether it's planning related to health promotion, promoting active transportation as an alternative commuting option, introducing mandatory physical activity within our education system, or efforts to preserve parks and natural areas, recreation plays a key role in delivering on the government's mandate. For ministries continuing to renew and develop policies, strategies and initiatives to reflect the current trends and issues affecting recreation in Ontario, the Framework will be a valuable resource. .../2 -2- Our commitment to increase opportunities for participation in recreation also means working closely and effectively with key recreation partners like you. The work you do is vital to helping Ontario citizens become more physically active and involved in recreation. Thank you for doing your part to make our province's recreation landscape the very best it can be. All my best, 14 Eleanor McMahon Minister Attachment opeluo _4 j eo-oliquo I-I � 1 J _, �� .—� ■ � ��i� sir . , ,� , IIIII► � __ .. GOAL 1 Active Living page 3 GOAL Inclusion and Access page 6 GOAL Connecting People and Nature page 8 GOAL Supportive Environments page 70 GOALS Recreation Capacity page 13 Introduct'ion Ontario Support for the Framework for Recreation in Canada 2015 The Government of Ontario recognizes the importance of recreation,and is committed to supporting universal access to physical activity and recreation programming. In February 2015,the Minister of Tourism, Culture and Sport along with other Provincial and Territorial Ministers responsible for Sport, Physical Activity, and Recreation (SPAR),formally endorsed the Framework for Recreation in Canada 2015 (the Framework) as a guiding document for the recreation sector in Canada.The Framework,jointly developed by Provincial and Territorial Governments and key representatives from the Canadian recreation sector (led by the Canadian Parks and Recreation Association), intends to guide and stimulate coordinated practices in recreation that aim to improve the wellbeing of individuals, communities and the built and natural environment. Within the Government of Ontario, recreation impacts a variety of initiatives taking place across many Ontario Ministries.Whether it's planning related to health promotion, promoting active transportation as an alternative commuting option, introducing mandatory physical activity within our education system, or efforts to preserve parks and natural areas, recreation plays a key role in delivering on the governments' mandate. The Framework will be a useful resource as Ministries continue to renew and develop policies, strategies and initiatives to reflect the current trends and issues affecting recreation in Ontario. The Ministry of Tourism, Culture and Sport,as the lead Ministry responsible for recreation within the province of Ontario, undertook a process to identify government initiatives that support the Framework and promote the benefits of recreation.Within this report a select number that align with the goals and priorities outlined within the Framework have been highlighted. MINISTRY OF TOURISM,CULTURE AND SPORT 1 IL Participation in physical recreation is essential to building healthy, active individuals from infancy to older adulthood. The Framework outlines a solid evidence base to support the positive relationships between regular physical activity and healthy aging. Engaging in physical activity with others has been proven to help build social networks and promote overall health." Articulated below are Government of Ontario commitments that align with and support Goal 1:Active Living. Ontario's Healthy Kids Strategy The Ministry of Health and Long-Term Care has launched the Healthy Kids Strategy,which takes a whole-child approach to healthy child/youth growth and development.The Strategy is aimed at meeting the government's objective to reduce childhood obesity. The Strategy supports the child's right to play, and encourages full participation in age appropriate recreation experiences, cultural life and artistic and leisure activities. The Healthy Kids Strategy focuses on: • PILLAR 1: HEALTHY START I Helping parents learn what to do before pregnancy and during the early years for their children, • PILLAR 2: HEALTHY FOOD I Helping parents and their children make healthy food choices;and, • PILLAR 3: HEALTHY ACTIVE COMMUNITIES I Building healthy communities for kids to grow up in and get active. http://www.health.gov.on.ca/en/public/programs/healthykids/ MINISTRY OFTOURISM,CULTURE AND SPORT 3 Healthy Schools Strategy: Promoting Well-Being Through Physical Activity r^� Achieving Excellence,the government's renewed vision for O education, has elevated promoting well-being to one of four interconnected goals for the education system.This goal emphasizes a focus on the whole child -their cognitive,emotional, social,and physical development.Through our healthy schools strategy,the Ministry of Education has collaborated with partners across a variety of sectors to address multiple health-related topics, including physical activity. To date,the Ministry of Education has: • Updated the Foundations for a Healthy School resource that provides schools with sample strategies and activities that can be used at the school level, in the classroom, or with a group of students to address specific,curriculum-linked health-related topics, including physical activity. • Implemented a Daily Physical Activity in Elementary Schools (P/PM 138) policy that requires all students in grades 1-8 to take part in 20 minutes of moderate to vigorous Daily Physical Activity during instructional time each day. • Awarded 70 one-time Physical Activity in Secondary Schools Grants of up to $20,000 for innovative projects that are intended to change the physical activity culture in schools and increase physical activity. • Supported the development of a Healthy Schools Certification Program (led by Ophea) aimed at supporting and increasing the capacity of schools to address health-related topics including physical activity;and, Supported the development of the "Heroes of Play" program to recognize teachers, principals, parents,and students who encourage physical activity at school. The Ministry of Education also provides support for safe participation in physical activity, through: • Free-of-charge and barrier-free online physical activity safety guidelines for all Ontarians (funded by Ministry of Education and administered by Ophea). • School Board Policy on Concussion (P/PM158)-The policy outlines the ministry's expectations for school boards to develop and maintain a policy on concussion awareness, prevention, identification, management and training,as well as, requiring school boards to develop a return to learn and return to physical activity plan for students with a diagnosed concussion. 4 ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 Seniors Information and Active Living Fairs The Ontario Seniors' Secretariat provides funding to the Older Adult Centres'Association of Ontario to coordinate the delivery of over 60 Seniors Information and Active Living Fairs across the province.The majority of these fairs are held in Elderly Persons Centres and help promote healthy aging and active living among seniors in Ontario.Annual attendance at these fairs has grown to approximately 15,000 seniors from across the province. http://www.oacao.org/information_fairs.html MIN ISTRYOFTOURISM,CULTURE AND SPORT 5 ... Recreation has the ability to reach all citizens, and bring people together in a non-threating,pleasurable atmosphere.Acknowledging and valuing cultural, ethnic and racial diversity is vital to the prevention of prejudice and discrimination. Recreation needs to take into account differences such as variations in sex and gender, age and ability, sexual orientation, education,persons with a disability, religious beliefs, socioeconomic status and mental health concerns that affect wellbeing." Articulated below are Government of Ontario commitments that align with and support Goal 2: Inclusion and Access. The Special Needs Strategy The Ministries of Children and Youth Services,Community and Social Services, Health and Long-Term Care and Education are collaborating on the implementation of the Special Needs Strategy, and are working towards a vision of an Ontario where children and youth with special needs get the timely and effective services they need to participate fully at home,at school and in the community. As a first step,Coordinated Service Planning implemented under the Special Needs Strategy is intended to help connect families of children and youth with multiple and/or complex special needs with a range of services that meet their needs. Service Planning Coordinators will work with families, educators and community service providers from multiple sectors to coordinate service planning and monitor progress.Where applicable,this may include service planning to enable participation in recreational activities and, as such facilitate the participation in recreation activities of children and youth with multiple and/or complex special needs. http://www.children.gov.on.ca/htdocs/English/topics/specialneeds/strategy/ index.aspx 6 ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 The Accessibility for Ontarians with Disabilities Act, 2005 The Ministry of Economic Development, Employment and Infrastructure is responsible for legislation called the Accessibility for Ontarians with Disabilities Act(AODA),2005. Under this act, mandatory accessibility standards, Ontario Regulation 191/11, have been developed to identify, remove and prevent barriers in key areas of daily living.The Integrated Accessibility Standards Part IV.1 Design of Public Spaces includes accessibility requirements for the design of new or redeveloped recreational elements such as trails, beach access routes, outdoor eating areas and play spaces so people of all abilities can participate and enjoy recreational activities in their communities. https://www.ontario.ca/page/accessibility-laws Community Aboriginal Recreation Activator Program The Ministry of Tourism, Culture and Sport has implemented the Community Aboriginal Recreation Activator(CARA) Program which is targeted to remote and isolated First Nation communities.The purpose is to enhance the capacity of First Nations to meet their sport and recreation needs, utilizing local resources and partnerships with other community- based organizations. Currently,CARA is running in 27 First Nation reserve communities. CARA recognizes and enables the experience of Aboriginal peoples in recreation with a holistic approach drawn from traditional values and culture. Seniors Community Grant Program The Ontario Seniors' Secretariat's Seniors Community Grant Program is helping more seniors have a better quality of life by providing opportunities to be more physically and socially active,volunteer, contribute to their communities and continue learning.This grant makes $2 million available annually for projects across Ontario that will help more seniors stay active,engaged, learning and contributing.Since 2014,when the program launched, almost $730,000 has been granted to benefit approximately 30,000 seniors across 123 programs and activities related to fitness/physical activity and recreation. Lists of successful applicants for 2014 and 2015 are available at the following links: http://www.seniors.gov.on.ca/en/srsorgs/scgp_projects_2014.php http://www.seniors.gov.on.ca/en/srsorgs/scgp_projects_2015.php Elderly Persons Centres (EPCs) Through the Ontario Seniors' Secretariat,the government provides $11.5 million to support 263 EPCs that offer seniors social, cultural and recreational programs and also provide some health education and support services.The Ontario Seniors' Secretariat is currently undertaking a program review of EPCs to better understand these centres and to consider ways to optimize their roles, including their connection to other government and community programs. MIN ISTRYOFTOURISM,CULTURE AND SPORT 7 Za The recreation field plays a vital role in connecting people with nature through parks, trails, open space, gardens, land/streetscapes and water based resources under its management or influence in community planning and design. By enabling public access to nature it helps to foster improved cognitive, mental and physical health, enhance creativity and positive social behaviour, and support healthy active living and biodiversity." Articulated below are Government of Ontario commitments that align with and support Goal 3:Connecting People and Nature. _- The Ministry of Natural Resources and Forestry's Learn to Camp Program at Ontario Parks was established in 2011 to help people discover the joy of camping in a safe and fun environment.Ontario Parks aims to help people acquire the skills and confidence they need to connect with Ontario's beautiful natural environments. This program allows individuals to connect with nature and the outdoors,as well as develop public awareness and education initiatives to increase understanding of the importance of nature to one's well-being. http://www.ontarioparks.com/learntocamp g ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 Grants in Support of Tourism RegioW_ The Ministry of Tourism, Culture and Sport provides annual funding in support of Ontario's Tourism Regions. In 2010,the Ministry supported the establishment of 13 Tourism Regions to further advance the competitiveness of Ontario's tourism sector. Each region is led by a Regional Tourism Organization (RTO). Several RTOs are working with local partners on outdoor recreation related projects including undertaking research and planning,assisting in trail,waterway and cycling signage projects and developing and marketing outdoor recreation experiences, routes, itineraries and packages. http://www.mtc.gov.on.ca/en/regions/regions.shtmi I akp Simcoe Protection Plan The Ministry of Environment and Climate Change funds various projects that are involved in protecting the Lake Simcoe watershed.The Lake Simcoe Protection Plan recognizes that protecting and restoring the ecological health of the Lake Simcoe watershed is a shared responsibility and a long-term undertaking.A key objective of the Plan is to improve conditions for environmentally sustainable recreation activities and promote those activities.The Lake Simcoe Protection Plan supports local projects which promote environmentally sustainable recreation practices within the Lake Simcoe watershed. Owners and operators of recreation facilities are encouraged to develop and implement projects that promote best management practices to help recreationalists protect the ecology and cultural heritage of the watershed. In this way the Plan helps people connect to nature through recreation. http://www.ontario.ca/environment-and-energy/lake-simcoe-protection-plan The Ontario Trails Strategy is a long-term plan to guide the development, management, promotion and use of trails in Ontario.The vision of the Ontario Trails Strategy is a world- class system of diversified trails, planned and used in an environmentally responsible manner that enhances the health and prosperity of all Ontarians.On June 1, 2016,the government passed the Supporting Ontario's Trails Act,2016 following with Royal Assent on June 9, 2016. Upon proclamation,the act will help the trails community more effectively develop,operate and promote trails by addressing longstanding land access, liability, trespassing and protection of property challenges. http://www.mtc.gov.on.ca/en/sport/recreation/trail_strategy.shtml MIN ISTRYOFTOURISM,CULTURE AND SPORT 9 C , 1 torJIL Supportive physical and social environments help facilitate community and family connectedness, which involves taking care of each other, our communities and our natural environment. Creating supportive environments for recreation can ensure access to safe and effective spaces and places that are required to deliver a comprehensive mix of high quality recreational experiences. Creating supportive physical environments include the provision of essential facilities, the effective use of existing spaces and addressing the decline of Canada's recreation and sport infrastructure." Articulated below are Government of Ontario commitments that align with and support Goal 4:Supportive Environments. Promoting Life Skills in Aboriginal Youth Program Since 2010,Ontario has partnered with the international not-for-profit organization, Right To Play in support of the Promoting Life Skills in Aboriginal Youth (PLAY) program.The PLAY program provides Indigenous children and youth with the opportunity to participate in consistent,weekly,year-round programming to improve their self-confidence and enhance their capacity for leadership.Through youth-led events, inter-generational tournaments and sport clinics,the PLAY program: 10 ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 • Promotes the health of children and youth so they can learn how to be and stay healthy; • Helps Indigenous children and youth explore their identity and culture; • Builds children and youth's leadership capacity so they can succeed as leaders within their communities;and • Supports the reclamation of Indigenous culture by helping First Nations children and youth (re)connect with their culture and traditions. http://www.ontario.ca/page/promoting-life-skills-aboriginal-youth-play Provincial Policy Statement The Ministry of Municipal Affairs and Housing is the ministry-lead for the Provincial Policy Statement (PPS, 2014).The PPS 2014 provides policy direction on matters of provincial interest related to land use planning and development, including policies promoting supportive physical and social environments that encourage participation in recreation, community hub development, and active, healthy communities.The policies are founded on core principles supporting more sustainable patterns of development and resource use and apply to all communities in the province. http://www.mah.gov.on.ca/Page2l5.aspx The Greenbelt Plan and Oak Ridges Moraine Conservation Plan In addition,the Ministry of Municipal Affairs and Housing's Greenbelt Plan and Oak Ridges Moraine Conservation Plan provide policy direction on matters of provincial interest related to land use planning,that promote supportive physical and social environments including parkland, open space and trails in the Greenbelt.Throughout the Greenbelt and the Oak Ridges Moraine,there is existing public parkland and open space,as well as major trails such as the Bruce Trail,Trans Canada Trail,the Niagara Greenway and the Lake Ontario Waterfront Trail.This system of parks and trails provides significant economic benefits and opportunities to a multitude of uses and activities. http://www.mah.gov.on.ca/Pagel89.aspx http://www.mah.gov.on.ca/Pagel707.aspx MIN ISTRYOFTOURISM,CULTURE AND SPORT 11 Ontario Cycling Strategy The Ministry of Transportation's Ontario Cycling Strategy (#CycleON) enables participation in physically active recreational experiences throughout the life course by focusing specifically on active transportation.As part of#CycleON Action Plan 1.0,the Ministry of Transportation has established a $10 million Ontario Municipal Cycling Infrastructure Program,to help municipalities build new and improve existing cycling infrastructure and is also working toward identifying a province-wide network of cycling routes to promote recreational cycling and cycling tourism. As well,the Cycling Strategy works towards the development and implementation of targeted education campaigns that increase knowledge about how active transportation contributes to enjoyment and quality of life and helps people acquire the skills and attitudes they need to plan for making recreation a part of their lives.Through the Cycling Training Fund,another initiative of the first#CycleON Action Plan,the ministry is allocating $380,000 in financial assistance in 2015 and 2016 to help partners develop,enhance and deliver cycling skills training programs.The programs funded are building skills to promote safe and enjoyable cycling and encouraging healthier, more physically active lifestyles through cycling. http://www.mto.gov.on.ca/english/publications/ontario-cycling-strategy.shtmi Community Use of Schools Program *� The Ministry of Educations Community Use of Schools program provides funding to all school boards so they can ❑ EJ E I make school space more affordable for use after school hours. 0 Both indoor and outdoor school space is available to not-for- profit community groups at reduced rates, outside of regular school hours. It supports a positive climate, by supporting and promoting healthy, active lifestyles for community youth. In addition,through its Priority Schools Initiative,Community Use of Schools helps a set of schools provide not-for-profit groups free after-hours access to school space in communities that need it most.Community Use of Schools supports healthy, active lifestyles,and student achievement and well-being by enabling not-for-profit groups to offer affordable activities to their communities. http://www.edu.gov.on.ca/eng/general/elemsec/community/ 12 ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 i « The recreation field needs to recruit and inspire new leaders who can address emerging trends and have knowledge in a variety of areas, such as cultural diversity, emerging technologies, urban planning, active transportation and nature conservation. Recreation provides many young people with opportunities for employment and for leadership and career development. To be relevant and outcome-driven, leaders in recreation need timely access to emerging technologies as well as current evidence and information." Articulated below are Government of Ontario commitments that align with and support Goal 5: Recreation Capacity. The Ministry of Children and Youth Services' (MCYS) Youth Justice Services Division provides and supports recreational activities dedicated towards preventing youth from coming into conflict with the law. For example, in May 2015, Probation Officers from MCYS, Remote Community Intervention Workers, Community Mentors and staff from Right to Play took part in joint training sessions to build capacity for two streams of recreational activities.The first stream of training, provided in partnership with the Jay's Care Foundation,taught staff how to organize and manage a baseball league for youth in 11 First Nation communities in Grand Council Treaty#3.The second stream of training, provided in partnership with Painted Turtle Arts Camp,focused on how to organize summer camp programs that include various sport activities and arts and crafts for youth.These training sessions facilitated the enhancement of community-based leadership in recreation. http://www.children.gov.on.ca/htdocs/English/topics/youthandtheiaw/index.aspx MINISTRY OF TOURISM,CULTURE AND SPORT 13 Physical Activity Resource Centre The Ministry of Health and Long Term Care funds the Physical Activity Resource Centre (PARC) to provide training, resources and supports to community agencies and public health units to implement best practice programs and policies for physical activity. Some of the key deliverables include knowledge exchange and professional learning, consultation and referrals, networking and partnership development, planning, evaluation and project management. PARC works to develop and implement high-quality training and competency-based capacity development programs for organizations and individuals working in recreation, particularly in under-resourced rural and remote areas. They also contribute to creating supportive social environments in the settings where people live, learn,work and play. In addition,the Physical Activity Resource Centre is coordinating a group of health promotion resource centres to support the Healthy Kids Community Challenge. http://parc.ophea.net/ Ontario The Ontario Sport and Recreation Communities Fund (OSRCF) was established to achieve a vision of getting and keeping Ontarians active in community sport, �o recreation and physical activity through the support of short-term projects that deliver high-quality and meaningful experiences to individuals at every phase of life.The OSRCF is targeted at populations whom lack equitable access to participate and/or have been historically less physically active.The OSRCF program includes a focus on strengthening the sport and recreation sector by building capacity.The fund has provided support to organizations in areas such as coaching,youth development and volunteer development, in order to ensure enhanced service and quality programming is available throughout the province. http://www.grants.gov.on.ca/GrantsPortal/en/OntarioGrants/ GrantOpportunities/PRDR006918 ,;km- r)Nl- Tlip Ont,7rin, Sport Plar Game ON:The Ontario Government's Sport Plan was launched in November 2015 and is rooted in three priorities for amateur sport- participation, development and excellence. Under the development priority,the plan supports provincial sport organizations (PSOs) and multi-sport organizations (MSOs) in their efforts to recruit and train coaches and volunteers. These efforts will help inspire new leaders and will provide many young people with opportunities for employment and for leadership and career development. http://mtc.gov.on.ca/en/publications/Game-ON-The-Ontario-Governments- Sport-Plan.pdf 14 ONTARIO SUPPORT FOR THE FRAMEWORK FOR RECREATION IN CANADA 2015 ■ Conclusion Ontario Support for the Framework for Recreation in Canada 2015 The Government of Ontario is committed to providing valued recreational programs and services to all Ontarians.The ability of recreation to provide solutions to many modern day challenges has provided the evidence behind many government investments, many of which can be seen within this report.These challenges include the: • rising rates of obesity and sedentary living; • decreased opportunities to connect with nature; • inequities within society that have limited access to recreational programming and opportunities. Moving forward,the Government of Ontario will continue efforts to implement the Framework, utilizing the document as a resource to guide decision making and planning. Working collaboratively with recreation stakeholders is an important focus for the Ministry of Tourism, Culture and Sport, ensuring valued and relevant recreation opportunities that are accessible across the province.While this report provides a snapshot of current investments in recreation and alignment efforts with the newly endorsed Framework for Recreation in Canada 2015,the benefits of recreation will continue to inform and impact emerging initiatives across many areas of government in the future. The finalized Framework for Recreation in Canada 2015 document can be found here: http://Iin.ca/national-recreation-framework MINISTRY OFTOURISM,CULTURE AND SPORT 15 El El E0 o � o FE:IQElo Ministry of Tourism, Culture and Sport www.mtc.gov.on.ca Framework for Recreation in Canada 2015 lin.ca/national-recreation-framework CU W SUP Otta rue Bank Street, Ottawa, Ontario K2P 1 Y3 tel./tel. 613 236 7238 fax/tel6c. 613 563 7861 September 7,2016 Paul Shipway, CAO Municipality of Bayham PO Box 160 9344 Plank Rd Straffordville, ON NOJ lY0 Dear Paul Shipway, Re: Another Opportunity to Have Your Say in Canada Post Review I am following up on our June 6`h correspondence about the Canada Post Review to provide you with additional information on phase 2 of the review. This fall,a parliamentary committee will be consulting with Canadians on postal service and the options identified by a task force in phase 1. The committee will make recommendations to the government by year's end. The government expects to announce its decisions about Canada Post in the spring of 2017. You may be interested to know that the options identified by the task force include major changes to the moratorium on post office closures in rural and small towns. The task force suggests"updating"or "refreshing"the moratorium. It outlines the cost savings that could be achieved by converting to franchises or closing all corporate outlets, or only the 800 highest yielding offices. You can see the full task force discussion paper at http://www.tpsgc-pwgsc.gc.ca/examendepostescanada-canadapostreview/rapport- report/consult-eng html CUPW would like to ensure that the views of municipalities are considered during each stage of the Canada Post Review. Therefore,we are urging you to fill out the parliamentary committee's online survey from September 26 to October 21 at parl.gc.ca/OGGO-e and encourage residents to do likewise. During this time, paper surveys will be available upon request. The committee will also hold public consultations across the country. The union has attached information on how to provide input in phase 2, as well as a new resolution for your consideration. You can learn more about the review by going to CUPW.ca/canadapostreview and Canada.ca/canadapostreview Thank you for taking the time to read this letter and anything you can do to help us convince the parliamentary committee to recommend against further cuts at Canada Post in favour of building a 21 S` century post office that expands services, generates revenues and meets the needs of Canadians. In solidarity, ike Palecek National President C.C. National Executive Committee, Regional Executive Committees,National Union Representatives, Regional Union Representatives, Specialists, Campaign Coordinators,Negotiators /bk cope 225 Canadian Union of Postal Workers The struggle continues CLC/CTC•FTQ•UNI Syndicat des travailleurs et travailleuses des postes La lutte continue Have your say! 1) Fill out the parliamentary committee's on line survey from September 26 to October 21 at: parl.gc.ca/OGGO-e. During this time, you can also request a paper version of the survey by phoning 613-995-9469 or writing to Standing Committee on Government Operations and Estimates, Sixth Floor, 131 Queen Street, House of Commons, Ottawa, Ontario, K 1 A OA6 Canada. 2)Attend one of the public consultations being held across the country. For more information, go to: http://www.parl.Rc.ca/HousePublications/Publication aspx?Language=e&Mode=1&Parl=O&Ses =0&Dodd=8391013 (Note: Information on western and northern locations to come) You can get information on the process and key issues in the weeks to come at CUP W.ca/canadapostreview. What to say Let the committee know what your key issues are: • Getting your home mail delivery back? • Keeping your public post office? • Greening the post office? • Creating services that support seniors and people with disabilities? • Bringing back our postal bank for more inclusive, accessible financial services for everyone? List of locations to be visited by the parliamentary committee: Corner Brook and St. John's,Newfoundland Sydney and Halifax, Nova Scotia Charlottetown, Prince Edward Island Bathurst, New Brunswick Levis, Quebec City, Blainville and Montreal, Quebec Toronto, Kitchener, Windsor, Dryden, and Sandy Lake First Nation, Ontario (Following locations to be confirmed) Surrey, British Columbia Edmonton and Calgary, Alberta Yellowknife,Northwest Territories Regina and Moose Jaw, Saskatchewan Winnipeg, Manitoba Please share your input with us at Feedbackkcupw-sttp.org or mail to Mike Palecek, President, Canadian Union of Postal Workers, 377 Bank Street, Ottawa, Ontario, K2P 1 Y3 /bk cope 225 Public review on future of Canada Post Whereas Canada Post announced drastic cutbacks to our public postal service in December 2013, including plans to end home mail delivery in our country. Whereas there was a huge public outcry in response to the cutbacks and stiff opposition from most federal parties, including the Liberal Party, which promised to halt the delivery cuts and conduct a review of Canada Post, if elected. Whereas the delivery cuts were halted and our Liberal government is currently conducting a Canada Post Review, which started earlier this year with an independent task force to identify options for the future of postal service in this country. Whereas a parliamentary committee will hold e-consultations and meetings in various locations across the country on postal service and the options that have been identified by the task force and then make recommendations to the government on the future of Canada Post. Whereas it will be crucial for the parliamentary committee to hear our views on key issues, including the importance of maintaining the moratorium on post office closures, improving the Canadian Postal Service Charter, adding postal banking, greening Canada Post, keeping decent post office jobs in our communities,preserving daily delivery, restoring home mail delivery, developing services that help older Canadians remain in their homes and providing services that assist people with disabilities, Therefore be it resolved that (name of municipality) 1) Fill out the parliamentary committee's on line survey about Canada Post from September 26 to October 21 at parl.gc.ca/OGGO-e and encourage residents to do likewise 2)Attend the public consultations being held across the country /bk cope 225 Ministry of Natural Ministere des Richesses Resources and Forestry naturelles et des Forets Office of the Minister Bureau de la ministre Room 6630,Whitney Block tdifice Whitney,bureau 6630 99 Wellesley Street West 99,rue Wellesley Ouest Ontario Toronto ON M7A 1W3 Toronto{Ontario} M7A 1 W 3 TeL 416-314-2301 Te1.:416-314-2301 Fax:416-314-2216 T0ex:416-314-2216 October 6, 2016 Dear Friends, Re: Introduction of Legislation to Amend the Aggregate Resources Act I am writing to inform you of the introduction of a bill to amend the Aggregate Resources Act in the Ontario legislature on October 6, 2016. The proposed bill is the foundation of our plan to modernize and strengthen Ontario's framework for managing aggregate resources. In fall 2015, the Ministry of Natural Resources and Forestry, through an Environmental Registry posting, consulted on proposed changes through a document called 'A Blueprint for Change: a proposal to modernize and strengthen the Aggregate Resources Act policy framework'. The proposals described in the Blueprint were developed in consideration of the recommendations from the Standing Committee and input from fall 2014 discussions with stakeholders, Indigenous communities and organizations. The comments and the recommendations received were considered in the development of this proposed Bill. This information will also be considered in the development of future changes to regulations and policy. The proposed bill is the first step in a phased process that will modernize and strengthen the way aggregate operations are managed in Ontario. Should the bill pass, {Ontario would move forward with public consultations on any future proposed regulatory and policy changes under the revised act, including future proposals related to changes to fees and royalties. The changes proposed to the legislation provide the framework for stronger oversight in the management of aggregate operations, increased and equalized fees and royalties, enhanced environmental accountability, and improved information on operations and enhanced public participation. The bill to amend the Aggregate Resources Act is available on the Legislative Assembly of Ontario website (www.ontla.on.ca) and has also been posted on the Environmental Registry (www.Ontario.calenvironmentalregistrv, posting number 012-8448)for public consultation for a period of 60 days ending on December 5, 2016. We welcome feedback on the legislative changes proposed. Alternatively, written comments can be sent to ARAreviewRontario.ca. - 2 - If you have any questions about the introduction of the bill, please contact Pauline Desroches, Manager, Resource Development Section, at 705-755-2140 or Pauline.Desrochesgontario.ca. Thank you for your ongoing support in this initiative. I look forward to hearing your thoughts. Brest, Kathryn McGa Minister of Natural Resources and F stry Subject: Municipal Election Update - Ministry of Municipal Affairs Good afternoon This is to advise you that the Government of Ontario has now filed Ontario Regulation 310/16 under the Municipal Elections Act, 1996,to authorize ranked ballot elections in Ontario for those municipalities that choose this option. Effective September 16, 2016,this new regulation sets out provisions for: • how to count votes; • how to break a tie; • rules for interpreting rankings and ballot"errors"; • reporting requirements for official results; and • how to conduct recounts. To view the regulation on ranked ballot elections, please visit: https://www.ontario.ca/laws/regulation/160310 Changes to the Municipal Elections Act, 1996 provide authority for the Minister of Municipal Affairs to set a limit on post-election spending on parties and expressions of appreciation,which have been reflected in the recent update to the general regulation (Ontario Regulation 101/97), calculated to be 10%of the candidate's general spending limit.To view the general regulation, please visit: https://www.ontario.ca/laws/regulation/970101. Updated voters' and candidates' guides have been also prepared for by-elections being held 2016-2018, and include updated accompanying forms. To view the updated by-election guides, please visit http://www.mah.gov.on.ca/Page219.aspx. You can access copies of updated forms from the Government of Ontario's Central Form Repository at www.forms.ssb.gov.on.ca. Maureen Beatty Maureen Beatty, (A) Manager, Local Government/Municipal Advisor Ontario Ministry of Municipal Affairs I Ministry of Housing 659 Exeter Road, 2nd Floor, London, ON N6E 1L3 519-873-4029 or 1-800-265-4736 Subject: Ontario Protecting Water Quality,Wetlands and Beaches News Release Ontario Protecting Water Quality,Wetlands and Beaches October 4, 2016 Applications Now Open for Great Lakes Project Funding Ontario is supporting the work of community groups across the province to protect the Great Lakes and the rivers and streams that flow into them. Applications for the Great Lakes Guardian Community Fund are now open to organizations working to protect, restore and enhance the Great Lakes and surrounding water systems. Not-for-profit organizations, schools, First Nations and Metis communities and other local groups are encouraged to apply by December 1, 2016. Successful projects must have a direct environmental benefit to the Great Lakes. Past projects and activities supported include: • Planting native grasses and trees to protect the shores of the St. Clair River • Creating rain gardens to reduce the effect of storm water along Toronto's beach • Restoring wetland habitat along Lake Erie • Controlling invasive species along the Ottawa River • Cleaning up beaches or shorelines throughout Ontario • Naturalizing stream banks and shorelines along the Speed and Eramosa Rivers. Investing in Great Lakes protection, reducing nutrient run-off and fighting climate change is part of the government's economic plan to build Ontario up and deliver on its number-one priority to grow the economy and create jobs.The four-part plan includes helping more people get and create the jobs of the future by expanding access to high-quality college and university education.The plan is making the largest infrastructure investment in hospitals, schools, roads, bridges and transit in Ontario's history and is investing in a low-carbon economy driven by innovative, high-growth, export-oriented businesses. The plan is also helping working Ontarians achieve a more secure retirement. QUICK FACTS • More than 60 high school students from across Ontario will present solutions to Great Lakes problems on Oct. 6 at the Great Lakes Public Forum, Enercare Centre in Toronto. • Ontario is showcasing water innovations at the Great Lakes Public Forum Oct.4—6. • Ontario is awarding$1.5 million in total through the fund this year for eligible projects. Successful applicants will receive up to $25,000 per project. • This year's Great Lakes Guardian Community Fund projects must be completed by February 2018. • Since 2012, $6 million has been awarded to 305 community-based projects in Great Lakes watershed areas, including the St. Lawrence River and the Ottawa River basins. • Since 2012, more than 25,000 volunteers have helped plant over 100,000 trees, release more than 350,000 fish, create or enhance 670 kilometres of trail and collect more than 1,600 bags of garbage from shorelines. • Ontario's Great Lakes Basin is home to 40 per cent of Canada's economic activity and 95 per cent of Ontario's agricultural land. ADDITIONAL RESOURCES • Ontario's Great Lakes Strategy Progress Report and Great Lakes Protection Act • Water Quality in Ontario Report • Guide to Eating Ontario Fish • Invasive Species in Ontario QUOTES "People know what should be fixed or can be improved on the shorelines where they live.That's why they make for perfect Great Lakes Guardians and why we are proud to be partners in their efforts to protect and preserve this amazing natural resource." — Glen Murray, Minister of the Environment and Climate Change CONTACTS David Mullock Minister's Office 416-212-7307 Gary Wheeler Communications Branch 416-314-6666 Ministry of the Environment and Climate Change http://www.ontario.ca/environment E Igin- Office of the Warden September 29, 2016 Chair and Members of the Thames Valley District School Board Subject: Elementary Pupil Accommodation Review (Proposed) Elgin County Council considered the letter dated September 19t", 2016 on the above- noted matter at its meeting held on September 27t", 2016. While it is recognized and acknowledged that the main purpose of the letter is to seek technical information on future development and community planning opportunities, Council remains very concerned about the criteria used to determine pupil accommodation. As mentioned on previous occasions, Council wants to emphasize the importance of schools as hubs in communities, the economic benefits of schools and the connection to residential development, the social impacts of dislocating students and transferring them to other schools and in particular the unique programs offered in rural schools, such as environmental programs. Any accommodation review should be cognizant of the broader impacts and not just focus on the bottom line. In addition, Elgin County Council would appreciate receiving a copy of your staff's rationale for the various suggested closings, boundary adjustments and other proposed changes to enable Council to better understand the reasoning behind these recommendations. Council understands that if the TVDSB accepts your staff's recommendations, then a public process will be initiated and input will be solicited from all stakeholders including Elgin County Council. Nevertheless, given what's at stake and the importance of this review, Council would appreciate a meeting with the board and staff to discuss these issues. We look forward to your response. Yours truly, Bernie Wiehle, Warden cc County Council Laura Elliot, Director of Education, Thames Valley District School Board James Todd, Elgin County Trustee, Thames Valley District School Board County of Elgin Administrative Services Chris Goodall, Elgin County Trustee, Thames Valley District School Board 450SunsetDrive Local Municipalities St.Thomas,ON N5R 5V1 p Phone:519-631-1460 City of St. Thomas www.elgincounty.ca Paul Shipway From: SCOR EDC <scor@scorregion.com> Sent: October-06-16 7:33 AM To: Paul Shipway Subject: Your SCOR EDC newsletter is here! Pg 4 £ I I j# September/ October 2016 In this Issue: The Economic Development Ingredients for Success Downtown Revitalization Workshop Business Feature: Stubbe's Precast SWIFT Project Transportation in Ontario SCOR &Climate Change The Economic Development Ingredients for Success The economies of small town and rural Ontario are different than the economies of large urban centres. Rural communities by their nature have more infrastructure per person than big urban centres; particularly rural townships have very low population density. The net effect is that municipal budgets reflect that reality; rural municipalities like all others struggle with a growing list of needs and issues. Economic development is often a lower budget priority - not because it isn't needed but because it's hard to finance in light of all the other priorities. I have spent much of my life working in economic development and the budget situation is not new. Tight budgets have forced creativity and successful programs typically have a few features in common. The ingredients for success include; 1. Political Commitment; that includes adequate resources and freedom for staff to act. Staff need to be responsible for outcomes and budget but can't respond to conflicting direction from the political leadership. The best leaders let managers manage. 1 2. Investment in Community Economic Development; which includes having a dedicated economic development officer or equivalent with access to multiple funding sources and analytic support. Some municipalities are too small to undertake this investment alone; in these cases an alliance is needed to create the critical mass and assemble the needed resources. 3. A Strategic Plan or Work Plan; to guide the economic development work. It's not a random effort but requires a focus. Not every idea or tactic can be pursued. The time and effort required has to match the resources available or the results will be disappointing. 4. Participation and Community Support; will extend the reach of staff. There should be engagement with the business community and any local business organizations. Alignment of effort- not duplication will help to make progress and keep people engaged. 5. Collaboration; or partnering with community and regional groups can add resources and help to address priorities or issues that are better addressed at that level. Let local staff focus on local issues and use regional or provincial organizations to focus on the broad issues and advocacy that are hard to influence as a single small community. There are people who think that economic development is easy --anyone can do it. In my experience, anyone can get involved but the practice of economic development is both an art and science. The staff and leadership of the effort should be appropriately trained in the discipline of economic development. If it were really easy, it wouldn't need to be done. While having an effective economic development program is a challenge for many small urban and rural communities, it's still quite possible. Start by pulling together the right ingredients, set your path, and stay the course! Downtown Revitalization filly Workshop `'? SCOR EDC, in partnership with OMAFRA, ' Tillsonburg BIA, Town of Tillsonburg and Tillsonburg a Chambers of Commerce will be hosting atwo-day Downtown Revitalization Workshop on November 7- 8th in Tillsonburg. The two-day workshop will include hands on learning activities, a tour of the downtown, ...- - and a panel discussion. Stay tuned for more information! Watch for more information on the OMAFRA website or contact staff at SCOR EDC, scor(c4scorreq ion.com Business Feature Stubbe's Precast Inc. Stubbe's Precast in Brant County hosted a tour of elected officials and others. 2 The facility has seen substantial growth at its Brant County location. Fifteen years ago the business employed 38 and today it is 320. The operation recently expanded erecting a new facility on the site where two other buildings are already in full swing. Stubbe's have invested heavily in innovation and its operations. The business was recognized by County officials and staff. On hand to help celebrate the success was Mayor Ron Eddy, Councillor Joan Gatwad, Councillor Shirley Simmons, Councillor David Miller, Councillor John Pierce, CAO Paul Emerson, and General Manager of Economic Development and Strategic Investments, David Johnston. The county gifted President of Stubbe's Precast Inc., Andy Stubbe, with an aerial photo of the current operations. Thank you to the County of Brant Economic Development team, Heather, Mandy and Michael for preparing such a great event. SWIFT Project The Federal Government and Province of Ontario recently announced they are investing in the Southwestern Integrated Fibre Technology (SWIFT) project with contributions of$90 million each towards the total project cost of approximately $281 million. The SWIFT Project initially developed by the Western Ontario Wardens Caucus (WOWC) and supported by other stakeholders has been in the works for some time. The WOWC, Rural Ontario Institute (ROI), The Ontario Chamber of Commerce (OCC) and SCOR EDC have all been advocating for, and furthering the discussion with the Federal and Provincial government in the need for investment in the Southwestern Integrated Fibre Technology (SWIFT) project. The estimated total cost to provide fibre optic connection to Southwestern Ontario is $281 million dollars. This investment will go far in supporting economic development initiatives and provide opportunities for businesses to expand globally. It will also provide means for residents to take advantage of educational opportunities and access online resources that have previously been out of reach for them. "Investment in regional and rural broadband is critical to maximizing the potential economic and social benefits in the region. It will be important for local internet service providers to understand how they fit into the new infrastructure and position themselves to take advantage of the SWIFT investment", comments Stephen Molnar SCOR EDC Board Chair. It will also be important to understand how the funding will roll out and how the infrastructure will be built within the region. To this end SCOR EDC in collaboration with SWIFT project will be hosting meetings in October for community leaders and others to understand the part they can play in this significant project. 3 Transportation in Ontario The Ontario Ministry of Transportation recently held a series of public consultations on intercommunity bus services. The meetings were well attended and representatives included those from regional partnerships such as SCOR, municipal staff, social services, healthcare, and the bus industry. Top discussion items: • The need for a central, coordinated information system that would be user-friendly for passengers to plan travel and trips - this would include all route options and schedules. The partnership between VIA Rail and Robert Q was cited as a good model that seemed to be working well for all involved. • Proposed deregulation of inter-city bus services. Many attendees expressed concerns with this model. • The need for an integrated system with better coordination of services- including rail, bus, and private vehicle parking spaces. Also highlighted were the projects funded under the Community Transportation Pilot Grant Program - in particular Tillsonburg Go. We heard that many rural communities are already investing in transportation such as Norfolk County with their Ride Norfolk program and that they are reaching out to neighboring municipalities. The group discussed that these regional networks and established partnerships could also build into a larger plan. This would be a good test bed operating west of"GO" transit. Comprised of communities with already established relationships (such as SCOR) would be a good way to start the Province wide integration. SCOR Staff and Partner representatives also commented that often the economic impact of not have an adequate integrated transportation system is somewhat overlooked. The implications of not investing in an integrated program could be devastating on workforce mobility, health care and educational opportunities for the province and especially those in rural Ontario We believe the attendees gave a clear message to MTO that Ontarians need an integrated transportation system that works for all. The need to consult with rural and small communities will be imperative in the design so that the system will work for all of Ontario. We are willing partners in creating a system that integrates and restore services, considers options for all communities and shares information 4 SCOR & Climate Change Becoming Climate Smart The weather we enjoy on any given day is a reflection of the climate. In our lifetimes we are experiencing a warming climate that has been accelerated by human activity. The significance for ii this region and our economy is the change in food production patterns influenced by things like water supply and more extreme weather. The challenges faced by others pose opportunities for the South Central Ontario Region. If we can sustainably manage our soil and water, we can increase food production here. SCOR has a project proposal in process to help pull together the groups that each offer programs, practices and technologies that will help spread the practices needed for long-term sustainable soil and water management. The groups currently involved in developing this proposal are: ALUS, OFA, OSCIA, OFVGA, LPRCA and SCOR EDC. We have committed to working together to bring each of our strengths, experience, and individual expertise to the table. We envision that each organization represented within this group will continue their regular programming and actively collaborate to establish best practices to address regional food and water security. The collaboration will further cement the region as a resilient, "Climate Smart Region". If you're interested in learning more, please contact SCOR EDC. Sign up for our newsletter STAY CONNECTED: Like us on Facebook iFollow us on hwftor SCOR EDC, 4 Elm Street, Tillsonburg, Ontario Canada SafeUnsubscribel" pshilway@bayham.on.ca Forward this email I Update Profile I About our service provider Sent by scor@scorregion.com in collaboration with Constant Contacts ° W Try it free today 5 CORPORATE SERVICES DEPARTMENT city ofeCfebi[fe 169 FRONT STREET TELEPHONE 613-968-6481 K8N 2ygILLE,ONTARIO FAX 613-967-3206 September 28, 2016 Lisa Thompson, MPP Huron-Bruce Room 425, Main Leg Bldg, Queen's Park Toronto, ON, M7A 1A8 i I Dear Ms. Thompson: RE: Municipal Resolution on Supporting Agricultural Experts in Their Fields Motions 11.1. Belleville City Council Meeting, September 26, 2016 This is to advise you that at the Council Meeting of September 26, 2016, the following resolution was approved. "WHEREAS, Ontario-grown corn, soybean and wheat crops generate $9 billion in economic output and are responsible for over 40,000 jobs; and WHEREAS, Ontario farmers are stewards of the land and understand the importance of pollinators to our environment and ecosystems; and WHEREAS, the Ontario government is implementing changes to ON Reg. 63/09 that would prevent any Certified Crop Advisor (CCA) from carrying out a pest assessment if they receive financial compensation from a manufacturer or retailer of a Class 12 pesticide; and WHEREAS, Ontario's 538 Certified Crop Advisors who are capable of and willing to conduct pest assessments will be reduced to 80 should the proposed changes to the j definition of professional pest advisor be implemented in August 2017 and .J2 11.1 Motions Page 2 Belleville City Council Meeting September 26, 2016 WHEREAS, the reduction in CCAs would force corn and soybean farmers to terminate the relationships that they have built with experts that understand their unique crop requirements, soil types, and field conditions, placing undue delays on planting crops; THEREFORE, be it resolved that the Council of The Corporation of the City of Belleville supports the efforts of the Member of Provincial Parliament for Huron-Bruce to eliminate barriers to employment opportunities for CCAs, and allow Ontario farmers the freedom to engage in business with the expert of their choice; and THAT a copy of this resolution be forwarded to all Members of Provincial Parliament, municipalities, and AMO." I trust this is sufficient. Y r r I i Matt MacDonald Acting Director of Corporate Services/City Clerk MMacD/nh I� Pc: Todd Smith, MPP, Prince Edward-Hastings i M., THE CORPORATION OF THE TOWNSHIP OF MADAWASKA VALLEY P.O. Box f 85 Bay Street Barry's Bay ON KOJ 1 BO Ph 613-756-2747 Fax 613-756-0553 + info(cD-madawaskavalley.ca Moved by: Mayor Love 15-0310-16 Seconded by: Councillor Archer 03 October 2016 BE IT RESOLVED WHEREAS: The safety of victims of sexual violence and/or domestic violence should be a priority for all levels of government in Canada, and WHEREAS: The intent of a certificate of parole is to set out the conditions under which an inmate may be granted parole, and WHEREAS: By signing a certificate of parole the inmate indicated that they agree to abide by the conditions contained therein; and WHEREAS: The electronic monitoring of parolees convicted of an offence of sexual violence and/or an offence of domestic violence would facilitate compliance with the conditions of parole and provide some peace of mind for the victims of these crimes, THEREFORE BE IT RESOLVED THAT the Council of the Township of Madawaska Valley supports the changes to the parole system proposed in the Private Member's Bill put forward by the Honourable John Yakabuski, MPP for Renfrew Nipissing Pembroke, and submitted as Bill 21, An Act to amend the Ministry of Correctional Services Act in respect of parole, AND THAT a copy of this resolution of support be sent to the Hounourable Kathleen Wynne, Premier of Ontario, the Honourable David Oraziette, Minister of Community Safety & Correctional Services, Mr. Patrick Brown, Leader of the Progressive Conservative Party, Ms. Andrew Horwath, Leader of the New Democratic Party,and al! Members of Provincial Parliament in the Province of Ontario; and THAT a copy of this resolution of support be sent to the Association of Municipalities of Ontario (AMO), and to all Ontario municipalities for consideration. X-1CARRIED. —7�= CraiglWey, CAOIClerk Grqy(swl Highlands ` he pface for aff seasons October 4, 2016 Council of the Municipality of Grey Highlands passed the following resolution at their meeting of October 3, 2016: 16-692 Mokriy - Halliday Whereas the current Accommodation Review process is not reflective of the reality of rural school and community life; and Whereas school closures impact single-school small rural communities in all educational, social and economic aspects to a far greater degree than those impacts in multi-school urban communities; Be it resolved, That the Municipality of Grey Highlands requests the Minister of Education initiate an immediate moratorium on the Accommodation Review Process until such time as a review of the above mentioned impacts on small rural communities be studied, completed and the results and recommendations be considered; and That this resolution be circulated to Premier Kathleen Wynne, MPP Bill Walker, Minister of Infrastructure, Bluewater District School Board, Bruce-Grey Catholic District School Board, Community School Alliance, County of Grey, County of Bruce, People for-Education, and all municipalities in Ontario. CARRIED. CERTIFIED TO BE A TRUE COPY W4�x*� Debbie Robertson Chief Administrative Officer(Acting)/Municipal Clerk Director Council and Legislative Services The Municipality of Grey Highlands El 206 Toronto Street South, Unit One P.O.Box 409 Markdale, Ontario NOC 1H0 9519-986-2811 Toll-Free 91-888-342-4059 Fax 519-986-3643 -t www.greyhighlands.ca ®info@greyhigh lands.ca LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - August 3, 2016 (as approved at the Board of Directors meeting held August 24, 2016) Members in attendance: Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes, Tom Southwick and John Scholten Staff in attendance: C. Evanitski, J. Robertson, J. Maxwell, D. Holmes and L. Minshall Regrets: Leroy Bartlett and Craig Grice The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, August 3, 2016 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-99/16 moved: D. Beres seconded: N. Haydt THAT the LPRCA Board of Directors add "Mary Weber re. Norfolk County By-Law Decision"under "Delegation"as item 4 to the August 3'd, 2016 agenda, as well as, a "Legal Matter"under In-Camera as item 11 (b). CARRIED The GM reviewed the rules and timelines regarding deputation requests. To be reviewed further. DISCLOSURES OF INTEREST N. Haydt declared a conflict relating to the deputation and the Delegated Responsibility of Municipal Plan Review, item 10 (h) and removed himself from the table during discussions. DELEGATIONS a) Mary Weber: Re: Norfolk County Zoning By-Law Ms. Weber is a property owner on Hastings Drive in Long Point and has been lobbying Norfolk County to re-zone Hastings Drive from hazard land to hazard land-LP to allow development. She feels that LPRCA is the stumbling block and that there is no threat to life and property that can't be mitigated by technology. She also stated that Hastings Drive residents are being unfairly treated compared to the rest of Long Point. Ms. Weber appealed to the Board to not appeal the proposed zoning by-law amendment for Hastings Drive. Ms. Weber fielded questions including one regarding her statement re: "LPRCA wants that tract of land" and she responded that it was not a verified statement, but the feeling of the FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - cottage owners. MOTION A-100/16 moved: D. Beres seconded: R. Geysens THAT the LPRCA Board of Directors receives that delegation by Mary Weber re.- Norfolk county Zoning By-Law as information. CARRIED MINUTES OF PREVIOUS MEETINGS MOTION A-101/16 moved: D. Beres seconded: T. Southwick THAT the minutes of the LPRCA Board of Directors Regular Meeting held June Pt 2016 and the Mid-Month Development Application Approval of July 18th, 2016 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES No questions or comments. MOTION A-102/16 moved: T. Southwick seconded: D. Beres THAT the minutes from the Backus Museum Committee meeting of April 12r", 2016 and the Audit and Finance Committee meeting of May 9r", 2016 be received as information. CARRIED CORRESPONDENCE MOTION A-103/16 moved: T. Southwick seconded: D. Beres THAT the correspondence outlined in the Board of Directors'Agenda of August 3ra 2016 be received as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - DEVELOPMENT APPLICATIONS a) Staff Approved applications Planning staff approved 29 applications over the past month. Staff responded to questions. MOTION A-104/16 moved: T. Southwick seconded: D. Beres That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated August 3rd, 2016 as information. CARRIED b) New Applications The Planning Department recommended the approval of four applications. MOTION A-105/16 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178106), LPRCA-112116 LPRCA-127116 LPRCA-128116 LPRCA-131116 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED NEW BUSINESS a) CALENDAR REVIEW The Watershed Tour is scheduled for August 26th by invitation only. This year's tour will highlight the five revenue producing parks. The Leighton and Betty Brown Scholarship Presentation has been changed for this year. The Scholarship will be presented next Wednesday evening at the Lee Brown Marsh Manager's residence and only the winner FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3 - and the winner's family along with the Lee Brown Marsh Management Committee will be in attendance. There is no Board meeting scheduled for September. MOTION A-106/16 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors receives the Calendar of Events Report for August and September as information. CARRIED b) GENERAL MANAGER'S REPORT The GM highlighted his meeting with the Environmental Commissioner prior to the Carolinian Canada Coalitions Annual General Meeting and his meeting with a consultant who is developing erosion protection techniques. The techniques are interesting but not yet available. The GM explained that the role of the Joint Advisory Committee for Source Protection is to lobby the government to help secure funding for municipal partners to advance Source Protection protocols. MOTION A-107/16 moved: D. Hayes seconded: N. Haydt THAT the LPRCA Board of Directors receives the General Manager's Report for June and July 2016 as information. CARRIED c) CONSERVATION AUTHORITIES ACT REVIEW UPDATE The GM spoke to the document that is to be submitted to the Province by Conservation Ontario. The document includes comments from the various conservation authorities, municipalities and other stakeholder groups. MOTION A-108/16 moved: R. Geysens seconded: D. Hayes That the Board of Directors receives the Conservation Authorities Act Review Update as information,- AND THAT LPRCA send its own letter of support of Conservation Ontario's submission to the Province. CARRIED d) CANADA 150 APPLICATIONS LPRCA submitted six applications to the Canada 150 Community Infrastructure FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4 - Program to help improve infrastructure at Backus Heritage Conservation Area and Waterford North Conservation Area. The applications were ranked internally based on eligibility and need. Funding has not yet been announced for this round of funding. MOTION A-109/16 moved: D. Hayes seconded: R. Geysens THAT the Long Point Region Conservation Board receives the Canada 150 Community Infrastructure Application Report as information. CARRIED e) 2nd Quarter Financial Update There is currently a shortfall in the budget due to two tenants departing unexpectedly part way through the year. The tenant at Backus has left and the Ministry of Finance has left the administration office. A small space in the basement of the administration building is still being rented and the office space upstairs is currently listed for rent. The campground expenses are tracking well. Planning has reviewed 50% more applications to date over last year and have taken more time to review due to the complexity of the projects. Turnaround time for applications has been averaging 10 days to two weeks with approximately 30% of the applications being completed in less than a week. MOTION A-110/16 moved: D. Hayes seconded: Roger Geysens THAT the LPRCA Board of Directors receives the 2nd Quarter Financial Report as at June 30rh5 2016 as information. CARRIED f) 2016 PARKS CAPITAL UPDATE Staff reviewed the various capital projects budgeted for 2016. The Haldimand CA hydro upgrade, the Backus Heritage CA water system upgrade in campground E and the updated park entrance signage projects are complete. The Backus Heritage CA water system upgrade in campground C is complete except for two isolation chambers to be installed at the end of the camping season. The Norfolk water intake upgrade is 75% complete to be finished in August and the last two projects, hydro upgrades at Backus and Waterford North, will be completed at the end of the camping season. The Waterford North gatehouse project is not proceeding at this time and may be discussed during the 2017 budget. MOTION A-111/16 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Board of Directors receives the staff report on the 2016 update re.- Projects in Conservation Areas as information. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5 - CARRIED g) A.D. LATORNELL CONFERENCE R. Chambers and D. Beres would like to attend if there is availability but both suggested that those who have not yet attended be considered first. MOTION A-112/16 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors approves the attendance of the General Manager, Mike Columbus and two others for the 23'd Annual A.D. Latornell Conference. CARRIED h) INVESTMENT POLICY UPDATE The updated draft investment policy was reviewed by the Audit and Finance Committee in June 2016. The Committee recommended including Principal Protected Notes (PPN) in the Investment Policy and investing $2 million into CIBC PPNs. Staff reviewed the investment projection over the life of the PPN (7 years). MOTION A-113/16 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Board of Directors approves the revised Investment Policy; AND confirms investment of$1,000,000 from each of the two Backus Woods endowment funds into Principal Protected Notes as per the recommendation from the LPRCA Audit and Finance Committee meeting of June 13rh, 2016. CARRIED i) DELEGATED RESPONSIBILITY FOR MUNICIPAL PLAN REVIEW Staff reviewed the history of the Ontario Planning and Development Process. In 1995, the province delegated the responsibility for comments on development proposals related to natural hazards to the conservation authorities across the province. The conservation authorities are mandated to comment on municipal planning documents and applications from the province's perspective with regard to Section 3.1 of the Provincial Policy Statement (PPS). Comments are first to be provided to the municipality regarding planning matters. If the municipality decision is not consistent with the PPS, LPRCA is obliged to notify the Ministry of Municipal Affairs and Housing (MMAH) of the inconsistency. In regards to the decision made by Norfolk County Council regarding allowing trailers on Hastings Drive in Long Point, LPRCA fulfilled its obligation to the province by sending a letter to MMAH of the inconsistency with the PPS along with the comments provided to Norfolk County in June 2016. LPRCA did not file an appeal to the Ontario Municipal Board. If MMAH appeals Norfolk County Council's decision, LPRCA staff will be FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 6 - required to provide information or attend the hearing. MOTION A-114/16 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors receives the report regarding Delegated Responsibility of Municipal Plan Review as Information. CARRIED j) EXPRESSION OF INTEREST— TILLSONBURG TOWN HALL The Town of Tillsonburg recently advertised that they are researching new administrative facilities. Staff submitted an Expression of Interest and will continue to explore potential partnership opportunities. MOTION A-115/16 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors receives the General Manager's report regarding the Town of Tillsonburg's Request for Expressions of Interest in a new town hall,- AND THAT the GM be authorized to explore any potential partnership opportunities for the Board's consideration. CARRIED D. Beres read an anonymous letter regarding the landscaping at the administration office, specifically the prairie grass which the public assumes is weeds. The prairie grass was planted in partnership with funding received from the RBC Blue Water Program. Staff was directed to prepare communication materials explaining the project. MOTION A-116/16 moved: J. Scholten seconded: N. Haydt That the LPRCA Board of Directors does now enter into an 'In Camera"session to discuss. O personal matters about an identifiable individual, including Conservation Authority employees, F/ a proposed or pending acquisition or disposition of land by the Conservation Authority; i advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 7 - MOTION A-117/16 moved: R. Geysens seconded: R. Chambers That the LPRCA Board of Directors does now adjourn from the "In Camera"session. CARRIED The Chair adjourned the meeting at 10:00pm. Michael Columbus Judy Maxwell Chair Manager, Corporate Services FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 8 - LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES - AUGUST 24th1 2016 (as approved at the Board of Directors meeting held October 5, 2016) Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt and Tom Southwick Staff in attendance: C. Evanitski, L. Minshall, and D. McLachlan Hearing attendees— Mr. G. Inglis, Mr. Z. Vajda, Ms. N. Wilson, Mr. H. Weiler, Mr. T. Weiler and Mr. R. Mawhiney Regrets: Craig Grice, David Hayes and John Scholten The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, August 241h, 2016 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS MOTION A-118/16 moved: D. Beres seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors regular meeting held August 3rd 2016 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Hearing re: Zoltan Valda MOTION A-119/16 moved: T. Southwick seconded: L. Bartlett THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced the applicant and presented the staff report. The area requested for redevelopment is subject to frequent flooding and has been identified as not having safe access/egress to support evacuation and emergency assistance in the event of a flood. Staff responded to questions from the Board. The applicant presented his position on the basis that the redevelopment will be flood- proofed to the extent that it is able and that there are other larger redevelopments in the area that were granted permission in the past. The Board asked questions of both the applicant and staff. MOTION A-120/16 moved by: T. Southwick seconded: D. Beres That the LPRCA Board of Directors does now enter into an "In Camera"session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-121/16 moved by: T. Southwick seconded: L. Bartlett That the LPRCA Board of Directors does now adjourn from the "In Camera"session. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick MOTION A-122/16 moved by: D. Brunton seconded: R. Geysens That the LPRCA Board of Directors approves Application 72/16 (Zoltan Vajda) to redevelop a vacation home and associated services provided that the applicant provides to the Long Point Region Conservation Authority a restrictive covenant or release in a form satisfactory to the Authority in accordance with the plans filed by the applicant. CARRIED MOTION A-123/16 moved by: N. Haydt seconded: D. Brunton That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED b) Hearing re: Tim Weiler MOTION A-124/16 moved: L. Bartlett seconded: T. Southwick THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was noted. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced the applicant and presented the staff report. The area requested for redevelopment is subject to frequent flooding and has been identified as not having safe access/egress to support evacuation and emergency assistance in the event of a flood. Staff responded to questions from the Board noting that permits were granted in this area in the past on the assumption that safe access/egress was available. The applicant presented his position on the basis that the redevelopment will be flood- proofed. There were no further questions. MOTION A-125/16 moved by: L. Bartlett seconded: R. Geysens That the LPRCA Board of Directors does now enter into an "In Camera"session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick CARRIED MOTION A-126/16 moved by: N. Haydt seconded: D. Beres That the LPRCA Board of Directors does now adjourn from the "In Camera"session. CARRIED MOTION A-127/16 moved by: T. Southwick seconded: L. Bartlett That the LPRCA Board of Directors approves Permit Application No. 135/16 (Tim & Marie Weiler) to construct a new vacation home and associated services provided that the applicant provides to the Long Point Region Conservation Authority a restrictive covenant or release in a form satisfactory to the Authority in accordance with the plans filed by the applicant. CARRIED MOTION A-128/16 moved by: R. Geysens seconded: L. Bartlett That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED c) Hearing re: Randy Mawhiney MOTION A-129/16 moved: D. Beres seconded: L. Bartlett THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was noted. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced the applicant and presented the staff report. The area requested for a new structure is zoned hazard land, is subject to frequent flooding and has been identified as not having safe access/egress to support evacuation and emergency assistance in the event of a flood. Staff responded to questions from the Board noting that no permits have been granted for new sheds in this area since the 2006 regulation came into effect The applicant presented his position on the basis that it is a small building to be used as a change house only. The applicant responded to questions. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick MOTION A-130/16 moved by: T. Southwick seconded: D. Brunton That the LPRCA Board of Directors does now enter into an "In Camera"session to discuss. • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-131/16 moved by: R. Geysens seconded: D. Beres That the LPRCA Board of Directors does now adjourn from the "In Camera"session. CARRIED MOTION A-132/16 moved by: T. Southwick seconded: D. Brunton That the LPRCA Board of Directors approves Permit Application LPRCA-105/16 (Randy Mawhiney) to construct a change house not to exceed 108 square feet. CARRIED MOTION A-133/16 moved by: R. Geysens seconded: D. Beres That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED d) Staff Approved applications Staff approved 13 applications since the last meeting August 3rd: LPRCA-85/16, LPRCA-126/16, LPRCA-130/16, LPRCA-132/16, LPRCA-133/16, LPRCA-134/16, LPRCA-136/16, LPRCA-137/16, LPRCA-138/16, LPRCA-141/16, LPRCA-143/16, LPRCA-144/16 and LPRCA-145/16. No comments or questions. MOTION A-134/16 moved: R. Geysens seconded: D. Brunton That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED e) New Applications The Planning Department sought approval for two applications. No further questions or comments. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick MOTION A-135/16 moved: D. Beres seconded: L. Bartlett THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-140/16 LPRCA-142/16 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED The Chair adjourned the meeting at 10:00pm. Michael Columbus Dana McLachlan Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick Alternative Land Use Services (ALUS) Elgin County Partnership Advisory Committee (PAC) - Minutes April 5th, 2016 7:00 pm @ the Long Point Region Conservation Authority Administration Office at 4 Elm Street, Tillsonburg ON N4G OC4 Present: J. Stewart, W. Casier, S. Timmerman, S. Walsh, D. Larsen, B. Ungar and M. Donck. Staff: T. DiFazio, P. Gagnon and A. Cousineau. Guests: D. Reid (Ontario ALUS Transfer Facilitator), B. Vanzanten Regrets: R. Howe, R. Pilz, D. Ayotte and D. Dennis The Chair called the meeting to order at 7:10 pm. Moved by D. Ungar, seconded by W. Casier and carried that the ALUS Elgin PAC approves the agenda as presented at the meeting of April 5th, 2016. No declarations of conflict of interest were received. Moved by P. Gagnon, seconded by W. Casier and carried that the ALUS Elgin PAC approves the minutes of the meeting held March 8th, 2016 as written. Provincial ALUS Update Reid announced to the PAC that ALUS Canada was approved for a $15,000/year grant for three years to go toward each county's coordinators' salaries in Ontario. GLASI Update The Great Lakes Agricultural Stewardship Initiative provides funding for land retirement as well as other land use features that improve the environment on and off of farm land. They released their funding in early April and shortly after maxed out their funding allotment of$675,000. Business Arising: a) Press Release Cousineau provided an update on the great response we are receiving from landowners after completing the presentation with the National Farmers' Union and having an article explaining the recent expansion of the program to Elgin County in both the West Elgin Chronicle and Today's Farmer. Cousineau will continue with the press release gradually over the next year. b) Courses update Cousineau has completed the Pesticide Exam for Landscape Pesticide Exterminator License. The results of the exam will be delivered within 7 -10 business days. c) Updated Terms of Reference for ALUS Elgin Cousineau provided updated Terms of Reference for the PAC's consideration. A consensus was reached to hold an election for a new Chair every 3 years. The chair can serve two consecutive terms before another member will be required to take their place. d) New Expressions of Interest/ demonstration farms New Business a. Roger Ferguson Moved by Walsh and seconded by Ungar that the ALUS Elgin Partnership Advisory Committee will postpone payments on the pond enhancement until 2017 after Phragmites australis has been controlled and the habitat enhancement has been started. b. Fred Neukamm Moved by Ungar and seconded by Larsen that the ALUS Elgin Partnership Committee approves the Neukamm Farms and Fred and Nancy Neukamm farms proposed projects including the Tallgrass Prairie, a wet meadow, swamp restoration and irrigation pond enhancement. c. Keith Helmer Moved by Walsh and seconded by Timmermans that the ALUS Elgin Partnership Committee approves the funding of annual payments for the swamp restoration on Keith Helmer's property. d. Bernie Wiehle Moved by Ungar and seconded by Walsh that the ALUS Elgin Coordinator, Cousineau, will approach the fire department to complete a prescribed burn on the Phragmites australis patch on Wiehle's property The next meeting is scheduled for 7pm on Tuesday, May 3rd, 2016 at the Kettle Creek Conservation Authority office Kettle Creek Conservation Authority, 44015 Ferguson Line, St. Thomas, ON N5P 3T3. The Chair then adjourned the meeting at 9:10 pm. Approved by: Recorded by: ICI John Stewart Alyssa Cousineau Chair ALUS Elgin Program Coordinator I i Alternative Land Use Services (ALUS) Elgin County Partnership Advisory Committee (PAC) - Minutes May 3`d, 2016 7:00 pm @ Kettle Creek Conservation Authority, 44015 Ferguson Line, St. Thomas, ON N5P 3T3 Present: J. Stewart, R. Pilz, D. Ayotte, M. Donck, B.Ungar, S. Walsh, B. Vanzanten, D. Larsen, R. Howe. Staff: B. McClure, M. May and A. Cousineau. Guests: D. Reid (Ontario ALUS Transfer Facilitator) Regrets: D. Dennis, W. Casier, C. Paller, S. Timmermans, T. Difazio, C. Little and R. Van Wagner. The Chair called the meeting to order at 7:05 pm. Moved by B. Ungar, seconded by M. Donck and carried that the ALUS Elgin PAC approves the agenda as presented at the meeting of May 3rd, 2016. No declarations of conflict of interest were received. Moved by M. Donck, seconded by B. Ungar and carried that the ALUS Elgin PAC approves the minutes of the meeting held April 5th, 2016 as written. Business Arisino: a) Funding Opportunity Cousineau provided information on the potential for a local funding. This funding will be pursued this year. b) Courses update Cousineau has successfully completed the Pesticide Exam for Landscape Pesticide Exterminator License. The results of the exam and application form have been sent into the Ministry of Environment and Climate Change to receive the landscape license. c) Updated Terms of Reference for ALUS Elgin Cousineau provided updated Terms of Reference for the PAC's consideration. A consensus was reached to have J. Stewart hold the role of chair for the next three consecutive years while D. Larsen would take on the duties of a secretary including writing motions and minutes for the duration three years. I Moved b Ungar and seconded b May that the ALUS Elgin PAC accepts Y 9 Y Y 9 P the Terms of Reference as amended at the May 3`d, 2016 PAC meeting and that Cousineau will circulate the Terms of Reference to all members. Cousineau to circulate cookbook description of PAC members. d) Updates to 2016 Approved Cousineau provided a brief update to each project if available including what restoration activities have been completed and when the project is predicted to be completed. New Business a. Mike Vansevenant Moved by Walsh and seconded by Donck that the ALUS Din PAC accepts the Mike Vansevenant Project plan as proposed on May 3 , 2016 for the cost of$1000 establishment for a pollinator buffer plus annual payments. b. Ed Roodzant Moved by Ungar and seconded by Walsh that the ALUS Elgin PAC accepts the Ed Roodzant project as presented on May 3`d, 2016 for the cost of$5000 for establishment of a 1.5 acre wetland plus annual payments. c. John Webb More information is required to be able to determine the eligibility of the Webb project under the ALUS Elgin program. The information that will be obtained by Cousineau includes the farm registration number of Webb or the renter. The Expression of Interest will be adjusted to reflect the matching funds allotted by other parties. d. Mike Hentz Cousineau will reevaluate the Mike Hentz project based on the Elgin County Shoreline Management Plan. The project will be reproposed in 2017 based on the planned 15 acres of restoration. New Expressions of Interest Nineteen new farmers or ranchers have expressed interest in the ALUS program for either 2016 or 2017. Cousineau will provide proposals via email for the projects that could move forward in 2016. Provincial ALUS Update A formal announcement of ALUS Canada Inc and the latest funding from The W. Garfield Weston Foundation is scheduled ALUS Canada announcements are happening in 4 provinces this summer (Sask ALUS-WUQWATR June 29, Alberta ALUS-Parkland July 28, Quebec ALUS-UPA Monteregie Aug 10, and Ontario ALUS- Norfolk Aug 24) and concludes with a formal announcement at the Royal Winter Fair on Nov. 4. 2016, with the Weston family and their friends in attendance. The next meeting has not yet been scheduled. Future project proposals for 2016 will be proposed via an email distribution to all PAC members. The Chair then adjourned the meeting at 8:58 pm. Approved by: Recorded by: John Stewart Alyssa Cousineau Chair ALUS Elgin Program Coordinator I III Sept 27, 2016 Township of Bayham Council County of Elgin Council Several times over the past two years, my husband, Bob Clifford, as well as our neighbor,Sharon Russell, have attempted to get the condition of Culloden Road addressed and repaired. Our intent was to prevent further accidents from occurring on our property, and this stretch of Culloden. Both Bayham Township and Elgin County refused to do anything, other than grade the east road shoulder. On the Friday, May 20, 2016, township employees and equipment arrived and repaired and paved the east shoulder of Culloden Road, from the curve through several hundred yards along our property, ar4 additional three feet wide. This is what we had hoped for and suggested as a solution previously, and been refused. We can only surmise that the police report from the February 8, 2016 accident,that occurred on our property, held the county and the township at least partially responsible for that accident and the resulting injuries the young man suffered. Your hand was forced through that,to do what we had suggested two years earlier, and would have prevented this accident for sure. Our neighbours tell us that throughout the twelve to fourteen years they have lived here, many accidents of similar nature have occurred. We assume that most have occurred for the same reason; the wearing away of the east shoulder by all the transports headed north, dropping their rear dual wheels off the edge of the pavement. In the past four weeks,the number of vehicles, transports included,that come beyond the pavement and send dust/stones flying, can be counted on one hand. Prior to the shoulder being paved,the number of vehicles NOT hitting the shoulder daily was negligible. A total reversal of the previous situation! Regardless of how or why this repair was done, we are very grateful and believe a huge safety issue- once ignored-has been eradicated. Culloden Road in this area is now much safer,for drivers,and for us and our families in our yards. Thank you. Sincerely •TT Janet Booker ;r . .Q aj ! 04Aj zJ -- � ui`� X �° ` 2J ? //ff 1. `� ,�. ,.: ,_ `Y" vt-^ .L/•�[//•N�Q/jl 47 ' � Municipality of Bayham PROPOSED BAYHAM DRIVE BRIDGE CLOSURE Class Environmental Assessment NOTICE OF PROJECT INITIATION AND PUBLIC CONSULTATION The existing Bayham Drive Bridge, which is located between Highway 3 and Carson Line in the Municipality of Bayham and extends across Big Otter Creek, has been closed to traffic following an engineering inspection. This narrow, single-lane steel truss bridge serves residential and agricultural properties along Bayham Drive. It was constructed around 1940 and rehabilitated in 1992, with the installation of a new steel grating deck. Prior to closure,the bridge had a 5 tonne per axle load restriction. This reduced load limit, combined with the narrow bridge structure, restricted use of the bridge by larger trucks and farm equipment.Given the narrow width and load rating limitations of the bridge,and the extent of structural deterioration, further rehabilitation of the existing bridge is not considered viable. As part of the bridge evaluation, a Cultural Heritage Evaluation Report has been prepared on the bridge and will be provided for public review. Given the minimal traffic utilizing the bridge, and the availability of alternative routes, replacement of the bridge is not considered to be cost-effective.The proposed plan is to remove the existing bridge and place permanent barriers across the bridge approaches, with warning signs. The steel bridge deck will be salvaged for use on another municipal bridge.The existing timber abutments will remain in place and not be disturbed by bridge removal. The proposed project is being planned under Schedule B of the Municipal Class Environmental Assessment (Class EA). The Municipality of Bayham is the project proponent. PUBLIC INPUT AND COMMENT ARE INVITED, for incorporation into the planning and design of this project, and will be received until MONDAY, NOVEMBER 7, 2016. A PUBLIC MEETING to discuss the proposed project will be held on THURSDAY, OCTOBER 27, 2016, at 7:00 p.m., at the BAYHAM MUNICIPAL OFFICE, located at 9344 Plank Road, Straffordville. All local residents and any other persons with an interest in this project are invited to attend. Project notices and reports will be posted on the Bayham web site at: www.bayham.on.ca For more information on this project and the Class EA planning process, contact the Project Manager. John M. Spriet, P. Eng., Project Manager Phone: 519-672-4100 Spriet Associates London Limited Fax: 519-433-9351 155 York Street, London, Ontario N6A 1A8 E-mail: john@spriet.ca Subject to comments received, and the receipt of project approvals, the Municipality of Bayham intends to proceed with the planning, design and construction of this project. This NOTICE issued OCTOBER 5, 2016, by the Municipality of Bayham, project proponent. Paul Shipway, CAO MUNICIPALITY OF BAYHAM Phone: 519-866-5521 9344 Plank Road, Box 160 Fax: 519-866-3884 Straffordville, ON NOJ 1YO E-mail: consultations@bayham.on.ca SOUTH-WEST LOCATION MAP OXFORD TOWNSHIP PROPOSED pRESSEY ROAD CDLFARVIE TOWN / F BAYHAM DRIVE ILLSONBURG BRIDGE CLOSURE GREEN LIN • MUNICIPALITY OF BAYHAM �NP� c I maw _3 ;•..goo ; '_ MUNICIPAL CLASS o I ;a D ENVIRONMENTALASSESSMENT BAYHAM W DRIVE •.?�`� ��� e-:- r�;CORINT �� BRIDGE •'•• / EST LINE ��_� ` :� J� BE 'o 77 I p I CARSON LINE9y NORTH Q o i�_ NORFOLK HALL \.%\ COUNTY, PETERS C URT 44 I Lu ;•O`er EVEN LINE 19 = I •, ) -_ 44 EDEN cn I Goo SHADY LANE ■ ���,■�■� MU, N I Q.-I PA L It ORANGE HALL RD. OTTERGATE LINE ; BALDWIN �....••''`1NE �► LINE OIL N ROVE RIDGE ��I Q ,••,����_ E I \ 46p MAY HA z �� w 0 I�■,�;HOWE'Y� :`q<; •........��I V I_N C_E N T O z LINELINERICHMOND I �� •� :0 o •�.Q Q Q BLACK; (� ,(� •.� ■}O Q- BRIDGE. 38 Z� �O LINE `` ■ '�'' ■Q y :< F Q- 43 C ; Q I C/NF ••••� Qv STRAFFORDVILLE w '" x I : G� LINE : F~ I 38 Q w o' w m = I QI : w' X I 55 z' : MUN. ROAD-ASPHALT � w • —————- MUN. ROAD-TAR&CHIP U¢' : Q I cJ LINE ■■■■■■■■■■■■■■■ MUN. ROAD-GRAVEL 19 (D I LPosa?l ROAD NOT MAINTAINED ��� Q ■ ------------------ LANEWAY JgCkS 0 PROVINCIAL HIGHWAY ��� 4 Lu ELGIN COUNTY ROAD ��� -I d SPRIET ASSOCIATES �� O ■ 216138EA02FOl-2016.10.05 I �` U i COUNTY OF ELGIN AND MUN.OF BAYHAM MAPPING • MAP FEATURES AND SCALE ARE APPROXIMATE I (D ; 0 KILOMETRES 4 ROAD WIDTHS SHOWNARE NOT TO SCALE 30 of :o '� Laurel Ratcliffe l i 55860 Glen Erie Line Vienna ON NOJ 1Z0 October 6, 2016 Dear Mr. Shipway: I am providing information that I would like to see included in the Firearms Discharge Bylaw, for the Municipality of Bayham. The following is what should be put into the bylaw: o No firearms discharge within 450 Meters of any place of worship, buildings or trailers,public halls or school property, recreational areas including private campgrounds and parks, as well as bordering property lines. o No person shall discharge a longbow or crossbow, within 450 meters of any place of worship, buildings or trailers, public halls or school property, recreational areas including private campgrounds and parks, as well as bordering property lines. o No firearms discharge on Sundays. You may also wish to include: o No firearms discharge within 450 meters across any highway or walking trail, or land that has been subdivided for homes/once a building permit has been received by the Municipality of Bayham. Sincerely, 7 Laurel atcIiffe BY-LAW NO. 2002-344 e) a member of the Royal Canadian Mounted Police; or f) any person appointed pursuant to paragraph 7(1)(d) of the Royal Canadian Mounted Police Act, R.S. 1985, c. R-10, as amended, to enforce or carry out the enforcement of the National Capital Commission Traffic and Property Regulations, C.R.C., Chap. 1044, as amended. 2. INTERPRETATION 1) This by-law includes the Schedules annexed hereto, and the Schedules are hereby declared to form part of this by-law. 2) It is declared that if any section, subsection or part or parts thereof be declared by any Court of Law to be bad, illegal or ultra vires, such section, subsection or part or parts shall be deemed to be severable, and all parts hereof are declared to be separate and independent and enacted as such. REGULATIONS 3. DISCHARGE OF FIREARMS 1) No person shall discharge a firearm in any area that is shown as a shaded area on any of the maps attached as Schedules"A"to"P"inclusive or on any navigable water located within or adjacent to the shaded areas. 2) Despite subsection (1), a person may discharge a longbow or crossbow in the hatched area within the shaded area on Schedule "E". 4. 1) In the areas that are not shaded on any of the maps attached as Schedules"A"to"P" inclusive or that are not navigable water as described in subsection 3(1), no person shall discharge a firearm, a) on, over or across any highway or portion thereof; b) on, over or across any public land within the City of Ottawa including parks, conservation areas, forestry lands formerly managed by the Ontario Ministry of Natural Resources and described in By-law No. 2001-439 of the City of Ottawa, school property, recreational areas, but not including, i. an unopened road allowance; and ii. the forestry lands formerly managed by the Ministry of Natural Resources described in By-law No. 2001-439 and known as: 3 BY-LAW NO. 2002-344 a. Carp Hills Forest; b. Corkery Woodlands; c. Marlborough Forest; and d. Pinery-Long Swamp Forest; 't� ' i b c} ithin 450 meters of any place of worship, public hall or school property) Ipr �x1 c� d) on land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa; arcs e) within 450 meters of land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa; or f) within 450 meters of either side of the Trans Canada Trail which is identified on Schedule"F". r21 Despite paragraphs(c)aand (d) of subsection (1), no person shall discha�ongbow or crossbow wit hin90metres of: a) any place of worship, public hall or school property; or b) land on a registered plan of subdivision once an application for a building permit has been received by the City of Ottawa. 5. EXEMPTIONS C-3) �Ao ��`/d`�'"`�a_4(or �LUKA ay.— Despite Sections 3 and 4, this by-law shall not restrict or regulate the discharge of firearms by the following: a) a peace officer in the performance of his or her duty; b) a person appointed as a municipal law enforcement officer or as an agent for the City of Ottawa or for a provincial or federal government agency for the purpose of destroying sick, injured or vicious animals in the performance of this stated duty; c) a farmer or his or her agent, in order to scare or destroy animals that are found in the act of killing or injuring livestock or poultry and wildlife destroying his or her property in accordance with the Migratory Birds Convention Act, 1994, Chap.22 and the Fish and Wildlife Conservation Act, 1997, S.O. 1997, Chap. 41, as amended, d) members of a bona fide gun club, archery club, rifle range, or skeet club in a specific area, zoned for the purpose and, where applicable, only with the prior approval of the Firearms Office, Ontario Ministry of Public Safety and Security; e) a facility operated by or for a municipal, provincial or federal police force; 4 BY-LAW NO. 2002-344 f) a person firing blank ammunition for or in connection with lawful use in a motion picture, television, stage productions and historical displays or educational programs of a public museum; g) a person firing blank ammunition for animal training purposes or for the purpose of starting or controlling a sporting event of a similar nature to foot racing, sailing or golf; h) a person discharging a longbow for target practice provided that the practice is in conjunction with and under the direct sponsorship of a school board; i) a person or persons engaged in an archery sporting event provided that: i, the event lasts no more than 4 consecutive days; ii, the sponsor of the event provides the Director of By-law Services with written confirmation that all applicable provincial and federal approvals have been obtained, proof of insurance satisfactory to the City's Insurance Administrator and an agreement to indemnify the City 14 days in advance of the event; and iii, the Chief of Police has no objections. OFFENCES 6. OFFENCES Any person who contravenes any of the provisions of this by-law is guilty of an offence. 7. FINES Every person who is convicted of an offence under this by-law is liable to a fine as provided for in the Provincial Offences Act, R.S.O. 1990, Chap. p. 33, as amended. 8. PROHIBITION ORDER When a person has been convicted of an offence under this by-law: a) the Ontario Court of Justice; or b) any court of competent jurisdiction thereafter may, in addition to any other penalty imposed on the person convicted, make an order prohibiting the continuation or repetition of the offence by the person convicted. 5 John Corboy Co-Chair Port Burwell School Council Port Burwell, ON (705) 542-9184 outspokencorbov@gmail.com Mr. Paul Ens Mayor of Bayham Municipality of Bayham 9344 Plank Road, Box 160 Straffordville, ON NOJ 1Y0 Dear Mayor Paul Ens, I am writing today with a request to have a portion of the town's property paved to create space for a parking lot at Port Burwell Public School. Presently,the staff who work at the school and parents who visit, have no designated area to park. Many staff and parents have parked along the roadside and received parking tickets and complaints from residents. There seem to be no alternate solutions, such as parking in a lot nearby, or parking safely along the road without obstructing traffic, snow plows or upsetting citizens within the community. We considered paving the north side of the school yard, however, recently a new fence was erected and trees were planted throughout that area, so it is no longer practical. On behalf of the Port Burwell School Council, I am requesting that the Municipality of Bayham consider the following requests: The Municipality of Bayham approve and cover the costs of paving the east side of the building which is town property, between Shakespeare St. and the fence,from Waterloo St.to Wellington St. If paving this area is approved,the Municipality of Bayham shall allow this paved area to be used as a parking lot for Port Burwell Public School It is our belief,that by doing so,we will not only alleviate the concerns of community members, but also ensure the safety of the staff, students and parents who visit Port Burwell Public School. If this request is not approved, would you please provide us with the reasons why, and perhaps offer us alternate suggestions to resolve the issue of lack of parking space that currently exists at the school. Thank you for your time in reviewing our request. Sincerely, Via email John William Corboy AmeAmdAnol Municipalities Ontario Office of the President October 6, 2016 Dear Clerks: AMO Seeks Council Resolution On behalf of the AMO Board, I would ask you to place the attached resolution on council's next agenda along with this letter. AMO wants every council to be involved in the What's Next Ontario?project. There is a looming fiscal gap facing Ontario's municipalities. What's Next Ontario?is about recognizing the gap and seeking sector support for closing it. The response has been impressive, but there's more to be done! We've boiled down the essence of the challenge we face in the next ten years to a one-page resolution. We urge every council in Ontario to adopt the resolution, and reply to AMO by December 1, 2016. What does it say? We know Ontarians see infrastructure as the number one challenge facing their community. We know that even if we raise property taxes and user fees by inflation (1.8%), we will still be $3.6 billion short to fix the infrastructure gap, every year for ten years. This is what we need to address. As elected officials, how do we deal with this challenge? What is the best approach? Ontarians already pay the highest property taxes in the country. How high is too high? We could finance this gap by increasing property taxes. It would require property tax revenue increases of 4.6% annually for 10 years, sector-wide. And, what happens if the federal or provincial governments pull back on future commitments? We know that could mean property tax revenue increases of up to 8.35% annually for 10 years, sector- wide. How might these numbers translate locally as an annual rate increase? The attached resolution is a starting point. Thank you for bringing this to your council's attention. My e-mail address is on the resolution and I look forward to receiving council's support. If you have questions, please contact Matthew Wilson, Senior Advisor, mwilson@amo.on.ca, 416-971-9856 Ext. 323. Yours sincerely, Ak�D Lynn Dollin AMO President 200 University Ave.Suite 801 www.amo.on.ca Te1416. 971.9856 Toll Free in Ontario Toronto, ON, M5H 3C6 amo@a amo.on.ca Fax 416. 971.6191 877.426.6527 2 WHAT'S NEXT ONTARIO? RESOLUTION WHEREAS recent polling, conducted on behalf of the Association of Municipalities of Ontario indicates 76% of Ontarians are concerned or somewhat concerned property taxes will not cover the cost of infrastructure while maintaining municipal services, and 90% agree maintaining safe infrastructure is an important priority for their communities; AND WHEREAS infrastructure and transit are identified by Ontarians as the biggest problems facing their municipal government; AND WHEREAS a ten-year projection (2016-2025) of municipal expenditures against inflationary property tax and user fee increases, shows there to be an unfunded average annual need of $3.6 billion to fix local infrastructure and provide for municipal operating needs; AND WHEREAS the $3.6 billion average annual need would equate to annual increases of 4.6% (including inflation) to province-wide property tax revenue for the next ten years; AND WHEREAS this gap calculation also presumes all existing and multi-year planned federal and provincial transfers to municipal governments are fulfilled; AND WHEREAS if future federal and provincial transfers are unfulfilled beyond 2015 levels, it would require annual province-wide property tax revenue increases of up to 8.35% for ten years; AND WHEREAS Ontarians already pay the highest property taxes in the country; AND WHEREAS each municipal government in Ontario faces unique issues, the fiscal health and needs are a challenge which unites all municipal governments, regardless of size; NOW THEREFORE BE IT RESOLVED that this Council supports the Association of Municipalities of Ontario in its work to close the fiscal gap; so that all municipalities can benefit from predictable and sustainable revenue, to finance the pressing infrastructure and municipal service needs faced by all municipal governments. Please forward your resolution by December 1, 2016 to: AMO President Lynn Dollin amopresident@amo.on.ca. Vp REPORT --� TREASURY DEPARTMENT Co AIrtunity Is�o TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: October 20, 2016 REPORT: TR-21/16 FILE NO. SUBJECT: 2016 Q3 Variance Report BACKGROUND The Q3 (third quarter) financial reports are provided for Council's fiduciary review. This report provides a summary of current revenue and expenditure to September 30, 2016 and variances to the Operating Budget. DISCUSSION Operating Budget expenses are at expected levels given the cyclical nature of some operations. Capital expenses for the year are wrapping up in most departments. ATTACHMENTS: 1. Appendix A: 2016 Q3 Operating Revenue and Expense Variance Report. 2. Appendix B: 2016 Q3 Capital Expense Variance Report RECOMMENDATION 1. THAT Staff Report TR-21/16 be received for information; Respectfully bmitt d, Reviewed b Lorne James A, CA w 0 Municipality of Bayham Appendix A: 2016 Q3 Operating Revenue and Expense Variance Report 2016 2016 Actuals Budget Consumed Revenues 05.10 General Taxation $ 3,884,176 $ 3,878,151 100% 05.20 Other Revenues $ 811,432 $ 1,138,400 71%-investment income post at Y/E 10.10 General Government $ 61,906 $ 55,750 111% 10.20 Council $ - 20.10 Fire Services $ 36,543 $ 13,000 281%-Donation 20.20 Police Services $ 48,142 $ 70,000 69%-lower POA revenues 20.30 Conservation Authority $ - 20.40 Other Protective Services $ 124,361 $ 52,000 239%-higher building permits 20.50 Bylaw Enforcement Services $ 21,802 $ 28,000 78% 25.10 Roads $ 313,616 $ 448,321 70%-timing of invoicing 25.20 Winter Control $ 871 $ 12,000 7%-change in winter invoice agreement 25.40 Street Lights $ - 30.10 Water $ 427,130 $ 590,746 72% 30.15 Richmond Water $ 35,527 $ 53,779 66% 30.30 Waste Disposal $ 79,359 $ 127,190 62%-timing of grants 30.20 Waste Water $ 584,276 $ 871,119 67% 35.10 Health Services $ - 35.20 Cemeteries $ 4,062 $ 40.10 General Assistance $ - 45.10 Parks&Recreation $ 1,530 $ 2,600 59% 45.20 Straffordville Community Centre $ 20,918 $ - Donations 45.30 Vienna Community Centre $ 15,325 $ 9,000 170% Eden Community Centre $ - 45.40 Libraries $ 50,662 $ 66,500 76% 45.50 Museums $ 28,809 $ 20,100 143% 50.10 Planning,Development&Tourism $ 37,678 $ 27,000 140% 25.30 Business&Commerce Tourism&Marketing $ 4,157 $ 5,500 76% 50.20 Environmental Services $ 11,969 0% Capital $ 94,526 $ 2,501,300 4% Expenditures 05.10 General Taxation $ 4,449 $ - to be adjusted 05.20 Other Revenues $ - 10.10 General Government $ 954,385 $ 1,157,912 82% 10.20 Council $ 55,240 $ 76,254 72% 20.10 Fire Services $ 355,108 $ 490,964 72% 20.20 Police Services $ 607,626 $ 937,181 65%timing of billing 20.30 Conservation Authority $ 75,513 $ 75,513 100%-2016 Paid in Full 20.40 Other Protective Services $ 84,945 $ 90,606 94%-more applications 20.50 Bylaw Enforcement Services $ 29,037 $ 36,818 79% 25.10 Roads $ 992,117 $ 1,672,413 59%-inventory adjustment to be booked 25.20 Winter Control $ 44,281 $ 138,100 32% 25.40 Street Lights $ 30,327 $ 45,000 67% 30.10 Water $ 270,468 $ 590,746 46%reserve transfer booked at y/e 30.15 Richmond Water $ 28,098 $ 53,779 52% 30.20 Waste Water $ 323,232 $ 871,119 37%reserve transfer booked at y/e 30.30 Waste Disposal $ 312,720 $ 479,224 65% 35.10 Health Services $ - 35.20 Cemeteries $ 14,576 $ 18,000 81% 40.10 General Assistance $ 6,377 $ 10,000 64% 45.10 Parks&Recreation $ 54,297 $ 61,601 88% 45.20 Straffordville Community Centre $ 27,094 $ 37,036 73% 45.30 Vienna Community Centre $ 50,403 $ 58,286 86% 45.35 Eden Community Centre $ 10,599 $ 4,690 226%-utilities paid by MoB 45.40 Libraries $ 16,319 $ 66,500 25% 45.50 Museums $ 44,392 $ 53,023 84% 50.10 Planning,Development&Tourism $ 67,997 $ 91,585 74% 25.30 Business&Commerce $ - Tourism&Marketing $ 43,581 $ 48,500 90% 50.20 Environmental Services $ 13,684 $ 24,438 56% Capital $ 2,790,441 0%-refer to capital sheet Municipality of Bayham Appendix B: 2016 Q3 Capital Expense Variance Report 2016 2016 % Actuals Budget Consumed General Government -Liability Transfer $ 30,000 $ 30,000 100% -Election Reserve Transfer $ 10,000 $ 10,000 100% Fire -Standby Generator $ 14,241 $ 20,000 71% -Extrication Hydraulics $ 33,129 $ 50,000 66% Roads Municipal Drainage and Staff Operating Time included-to be -Maple Groove Line $ 157,799 $ 100,000 158% billed/transferred -Stafford Road $ 51,292 $ 155,000 33% Norfolk invoice outstanding -Libbey Street $ 20,000 0% -Turnarounds $ 23,801 $ 80,000 30% -Schafer Road $ 19,709 $ 25,507 77% -Sidewalks $ 56,959 $ 50,000 114% -Storm Sewer EA $ 46,551 $ 50,000 93% -Guard Rails $ 1,935 $ 10,000 19% -B&C Inspection $ 10,000 0% -Road Signs $ 3,000 0% Water -Richmond Distribution $ 1,800,000 0% -on hold till grants Waster Water - Upper Discharge Piping $ 25,000 0% - Equipment Replacement $ 16,150 $ 8,300 195% -Storage Building $ 31,941 $ 32,000 100% - UV Upgrades $ 8,411 $ 25,000 34% -Process Automation $ 8,014 $ 25,000 32% -Manhole Rehabiliation $ 10,000 0% -Pump Equipment $ 50,548 $ 41,667 121% Parks -Public Space Recycling $ 29,917 $ 30,000 100% -Cornith Pavilion $ 23,829 $ 20,000 119% -Transfer to Trail Reserve $ 10,000 $ 10,000 100% Library -PB Concrete Repairs $ 2,000 0% Museum -MM Envelope Repairs $ 4,050 $ 5,000 81% Planning -Official Plan Review $ 16,000 0% Facility - Facility Transfer $ 150,000.00 $ 150,000.00 100% REPORT CAO 0l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 20, 2016 REPORT: CAO-60/16 SUBJECT: OFF-ROAD VEHICLE REGULATIONS BACKGROUND On October 3, 2016 Deputy Mayor Southwick requested an information report concerning Off- Road Vehicle Use on municipal highways. Prior to 2015 a Municipality was permitted to pass a by-law to regulate Off-Road Vehicle use of Municipal highways. On August 1, 2002 the Council of the Municipality of Bayham passed By-law No. 2002-052, being a By-law to prohibit/regulate the use of Off-Road Vehicles. By-law 2002-052, which prohibits the use of Off-Road Vehicles on Municipal Highways is attached hereto as Appendix `A'. On February 17, 2004 the Elgin County Council passed the following resolution: THAT the County of Elgin Should not permit the use of County Roads by Off-Road Vehicles as defined under the Highway Traffic Act Section 191.8, and also THAT the municipalities of Elgin and the Police Services Board be so informed. On February 26, 2004 the Elgin Group Police Services Board issued the correspondence attached hereto as Appendix `B'. Effective July 1, 2015, the Province amended the following regulations to permit more types of off-road vehicles on highways, with the appropriate municipal by-law or jurisdictional approval: • Off-Road Vehicle Act, 1990 • Highway Traffic Act, 1990 (Part X.3 - Off-road Vehicles) • Highway Traffic Act Regulation 316/03 (Operation of Off-road Vehicles on Highways) On June 18, 2015 the Council of the Corporation of the Municipality of Bayham received the correspondence attached hereto as Appendix `C' from the Ministry of Transportation re Off- Road Vehicle Use in Ontario, for information. On September 8, 2015 Elgin County Council passed a resolution reaffirming the February 17, 2004 decision of Elgin County Council with the following justification: Staff concluded that County roads have not been designed nor being maintained for ORVs and ATVs to operate on the same road platform. The County's insurer confirmed an increased liability and operational costs if such use was permitted by by-law. Therefore, staff does not recommend permitting ORVs and ATVs to use County roads. Presently Off-Road Vehicles are prohibited on Bayham Municipal and Elgin County Highways in the Municipality of Bayham. DISCUSSION Bayham Staff would not disagree with the comments of Elgin County Staff from September 8, 2015. The Municipality presently has reoccurring issues with Off-Road Vehicle use and trespass which create operational and enforcement concerns. Trespassing in Ontario is dealt with under the Trespass to Property Act. Under that Act, anyone who enters property without permission or a right to enter, or refuses to leave property after being asked, is guilty of an offence and may be subject to a fine of up to $2,000. If the trespass causes damage to property, the trespasser can also be ordered to pay compensation up to $1,000. The Province has also passed set fines in relation to the Trespass to Property Act and as a result an officer can issue a ticket to anyone caught trespassing. The enforcement concern is capturing trespassers. That being said Chatham-Kent and Norfolk County have passed by-laws permitting Off-Road Vehicle Use. FREQUENTLY ASKED QUESTIONS Q1: What types of ORVs and ATVs can operate on-road? Effective July 1, 2015, more types of ORVs and ATVs are allowed on some provincial highways and municipal roads, where permitted. These vehicles include: • Single-rider ATVs • Two-up ATVs • Side-by-Side ORVs • Utility Terrain Vehicles (UTVs) The HTA regulates ORVs to the following speed limits on highways: • 20 km/h where the posted speed limit is 50 km/h or less, • 50 km/h where the posted speed limit is greater than 50 km/h The HTA also permits municipalities to pass by-laws that prescribe a lower rate of speed than those described above. Q2: What are the requirements for riding ORVs on-road? ORVs that meet the requirements under Section 1 of the Highway Traffic Act(HTA) Regulation 316/03 and Section 10 of the regulation may operate on permitted provincial highways and municipal roads where a by-law permits their use. • Check Section 1 of the regulation to find out if your ORV or ATV is eligible for on-road use. • Check Section 10 of the regulation for specific industry standards and equipment requirements. Please check your ORV's compliance label to ensure that the manufacturer certifies it meets one of the following standards outlined below. An ORV that does not meet any of these standards is restricted to off-road use only. • If manufactured after December 31, 2001, the ORV must meet the equipment configuration and performance requirements outlined in at least one of the following applicable standards: o ANSI/SVIA-1-2001, entitled American National Standard for Four Wheel All- Terrain Vehicles — Equipment, Configuration, and Performance Requirements o ANSI/SVIA 1-2007, entitled American National Standard for Four Wheel All- Terrain Vehicles o ANSI/SVIA 1-2010, entitled American National Standard for Four Wheel All- Terrain Vehicles o ANSI/ROHVA 1-2011, entitled American National Standard for Recreational Off- Highway Vehicles o COHV 1-2012, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Four Wheel All-Terrain Vehicles o COHV 2-2012, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Recreational Off-Highway Vehicles o ANSI/OPEI B71.9-2012, entitled American National Standard for Multipurpose Off-Highway Utility Vehicles o COHV 3-2013, entitled Canadian Off-Highway Vehicle Distributors Council Standard for Multipurpose Off-Highway Utility Vehicles o ANSI/ROHVA 1-2014, entitled American National Standard for Recreational Off- Highway Vehicles Q3: What is a two-up ATV? A two-up ATV is designed for a driver and one passenger only; must have a seat designed to be straddled by the passenger while sitting facing forward behind the driver; and, foot rests for the passenger that are separate from the foot rests for the driver. All ATVs must display an overloading warning label and a manufacture compliance label in plain view. Please check your ATV compliance label to ensure the manufacturer certifies it meets one of the standards for this type of ATV. Q4: What is a side-by-side ORV? A side-by-side ORV is a type of ORV that must have: • four or more wheels that contact the ground • a steering wheel • seats that are not designed to be straddled • has an engine displacement equal to or less than 1,000 cubic centimetres • a weight of 1,700 kilograms or less • an overall width of 2.03 metres or less (excluding mirrors) • a roll-over protective structure • a handle or device that an occupant can grasp • a seat belt for each seating position • a rear view mirror All ORVs must display a manufacture compliance label in plain view. Please check your ORV's compliance label to ensure the manufacturer certifies it meets one of the standards for this type of ORV. Q5: What is a utility terrain vehicle (UTV)? A UTV is a type of ORV that must have: • four or more wheels that contact the ground • a steering wheel • seats that are not designed to be straddled • a minimum cargo capacity of 159 kilograms • a weight of 1,814 kilograms or less • an overall width of 2.03 metres or less (excluding mirrors) • an occupant protective structure • a handle or device that an occupant can grasp • a seat belt for each seating position • a rear view mirror All UTVs must display a manufacture compliance label in plain view. Please check your UTV's compliance label to ensure the manufacturer certifies it meets one of the standards for this type of UTV. Q6: What types of roads can ORVs and ATVs use? On selected provincial highways identified in Schedule B of HTA Reg. 316/03. On municipal roads where a by-law permits their use. Municipalities may also create rules to specify the months and/or hours that ATVs and ORVs can operate on their roads. ORVs may not operate on provincial highways and roads identified in Schedule A of HTA Reg. 316/03. If there is no municipal by-law then operation of an ORV, ATV and UTV is prohibited. Q7: Where should ORVs be driven on-road? Along the shoulder of the roadway in the same direction of traffic. If the shoulder is obstructed or if there is no shoulder, ride as close to the right of the road as possible. If the ORV is too large to fully operate on the shoulder of a roadway with all tires on the shoulder, the ORV may ride on the roadway as close to the right of the road as possible. Q8: Do municipalities have to pass by-laws to allow ORVs on their roads? Yes. Unlike the snowmobile framework, municipalities must opt-in to the ORV framework. This means they may pass a by-law to allow these additional types of ORVs on their roads, but municipalities are not required to pass a by-law. Existing by-laws may need to be amended to allow these additional types of ORVs on municipal roads. If a by-law does not exist then ORV operation is not allowed. If in doubt, check with the municipality first before riding on their roads. Q9: What are the rules to drive an ORV on-road? Only those with a minimum G2 or M2 licence may operate an ORV on highways and municipal roads where permitted. Operators must wear an approved motorcycle helmet that is securely fastened under the chin with a chin strap. Graduated Licensing System requirements apply to young and novice drivers when driving on- road. The driver must carry the registration permit or a true copy (i.e. photocopy of both front and back of the permit). Q10: Are there age restrictions for passengers riding on-road? Yes. Children under the age of eight are not permitted to be a passenger on an ORV that is operating on-road. This requirement aligns with existing Highway Traffic Act seat belt rules. Q11: What are the new operator and rider requirements? Where applicable, the existing operating requirements for single-rider ATVs have been transferred to these additional types of ORVs. There are new rules that include: • If the vehicle was manufactured with seat belts, everyone must buckle up. • If the vehicle has passenger foot rests, the passenger must be able to reach these foot rests. • The number of occupants is limited to the number of available seating positions. • No passengers under the age of 8 are allowed and additional passenger restrictions apply if the driver is a young and novice driver with a minimum G2 or M2 licence. • All riders — drivers and passengers — must wear an approved motorcycle helmet. Q12: How will on-road operation be enforced? There will be an education period in place from July to September 2015 to allow the public and riding community to adjust to these changes. This allows stakeholders, the broader public and riding community to familiarize themselves with the changes prior to Part I tickets being issued for new offences specific to these additional types of ORVs. During this public education period, police officers may still issue tickets for traditional HTA offences (e.g., speeding, disobeying traffic signals, etc.) and lay charges for new offences through a summons. RECOMMENDATION 1. THAT Report CAO-60/16 re Off-Road Vehicle Regulations be received for information. Respectfully Submittedby: Paul Shipway CAO CORPORATION OF THE MUNICIPALITY OF BAYRAM BY-LAW NO. 2002-052 A BY-LAW TO PROHIBIT AND/OR REGULATE THE USE OF OFF ROAD MOTORIZED VEHICLES IN THE MUNICIPALITY OF BAYHAM WHEREAS authority is granted to the Council of the Municipality of Bayham by Section 191 (6) of the Municipal Act, R S.O. 1990 Chapter M.45 provides that Councils of all Municipalities may pass by-laws providing for the use by the public of lands which the Corporation is the owner and for the regulation of such use and the protection of such lands. AND WHEREAS it is deemed expedient for the safety and welfare of residents of the Municipality to prohibit and/or regulate the use of certain types of motorized vehicles within property owned by the Municipality of Bayham. BE IT TBEREFORE ENACTED by the Council of the Municipality of Bayham as follows: 1. (a) No person shall use, ride on or operate a motorized vehicle within the limits of any property owned by the Municipality of Bayham except on a road, street or highway designed and dedicated for the use by motorized vehicles. (b) Motorized vehicle means a vehicle propelled or driven otherwise than by muscular power or wind and designed to travel on two or more whecls whether designed to be operated on a road or off road. (c) The prohibition contained in paragraph(a)hereof does not apply to police or emergency service vehicles, or vehicles operated by authorized maintenance workers or to a conveyance designed for the handicapped. 2. No person shall use,ride or operate any off road motorized vehicle or similar conveyance other than a conveyance designed for the handicapped, on any side walk or walkway, square, or boulevard within the Municipality of Bayham. 3. Any person who contravenes any provision under this By-law is,upon conviction, guilty of an offence and is liable to any penalty as provided in the Provincial Offenses Act. 4. The court in which the conviction has been entered and any court of competent jurisdiction thereafter, may make an order prohibiting the continuation or repetition of the offence by the person convicted and such order shall be in addition to any other penalty imposed on the person. 5. This by-law shall come into force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1'sx DAY OF AUGUST,2002. MAYOR CLERK i ELGIN GROUP.POLICE SERVICES BOARD j Chair David M.Rock Tot.(519)631-1460 Ext.161 450 Sunset Drive Fax (519)633-7661 St.Thomas,Ontario N5R 5V1 Res.(519)633-16.03 i February 26,2004 Munlaipalityof Honourable HarinderTakhar Bayham Minister of Transportation 77 Wellesley St.W.,a Floor Ferguson Block Municipality of TORONTO,Ontario M7A IZ8 Central Elgin Dear Minister: The Elgin Group Police Services Board,at Its meeting held on February 6, Municipality of 2004,considered the changes to Ontario's Off-Road Vehicles Legislation/ DuttonfDunwich Regulation and adopted the following resolution: "THAT the Elgin Group Police Services Board does not support the Municipality of new legislation allowing municipalities to pass by-laws permitting West Elgin Off Road Vehicles (ORV) to travel on roadways due to potential safety concerns and liability issues of ORV travelling on roadways at a much lesser speed than vehicles presently rasing the roadways,.as well,ORV would require head and tail lights,and ORV drivers would Tawnshipor require licensing and insurance;and, iutalahlde THAT the Elgin Group Municipalities be encouraged not to pass such an authorizing by-law. Township or southwotd -Carried. (signed)Chair David Rock" We look forward to your response to the recommendation. Yours truly, David Frock, Chair. cc: Elgin Group Municipalities I 66 Ministry of Ministere des Transportation Transports Office of the Minister Bureau du ministre Ferguson Block,V Floor edifice Ferguson,3`dtage 77 Wellesley St.West 77,rue Wellesley ouest Toronto,Ontario Toronto(Ontario) M7A 1 z8 M7A 1 Z8 416-327-9200 416-327-9200 www.ontario.caftransportaUon www.ontario.ca/transports M2015-2414 June 10, 2015 His Worship Paul Ens E C E f V ED Mayor Municipality of Bayham JUN 1 �p 9344 Plank Road PO Box 160 MUNICIPALITY OFSAYNAAf Straffordville ON NQJ 1Y0 Dear Mayor Ens: It is my pleasure to take this opportunity to share news affecting off-road vehicle (ORV) use in Ontario. I recognize that a number of Ontarians enjoy the use of their ORVs as well as the economic and tourism benefits and increased mobility associated with on-road use of ORVs.As such, I am committed to a collaborative approach in our development of policy. This collaborative approach included successful in-person consultations in January 2015, with the participation of 30 different stakeholder groups representing enforcement, municipalities, public health, ORV industry members, agricultural groups and trail organizations. Following that consultation, my ministry continued their engagement efforts by posting proposals to both the government's Regulatory and Environmental Registries for 45 days in order to seek additional feedback from the public. The period for public feedback ended on April 13, 2015, and we received almost 1,800 submissions. I am pleased to announce, as a result of these efforts, that existing on-road access rules for"single-rider"ATVs will be extended to additional ORV types which meet specified voluntary off-highway industry standards. These changes will take effect on July 1, 2015, and will allow two-up all-terrain vehicles (ATVs), side-by-side ATVs and utility terrain vehicles (UTVs) on permitted provincial highways and municipal roads where bylaws permit their use. Notably, there are no changes to the ORV municipal bylaw authority provided in the Highway Traffic Act(HTA). However, municipalities are encouraged to review existing bylaws to ensure they apply to these new ORV types.Additionally, these new ORV types require some safety rules unique to their configurations that do not currently apply to"single-rider"ATVs (e.g.; seat belt requirements, helmets and minimum age for passengers, etc.). While existing Highway Traffic Act offences will immediately apply, the focus of the next three months will be to educate the public about Ontario's road rules for these new ORV types and their additional safety requirements. ../2 Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 121 Of 357 -2- 1 assure you that my ministry recognizes the importance of a vibrant, sustainable and safe power sports sector in Ontario, and we support providing Ontarians with options to safely explore our vast province. To this end, I have asked ministry staff to continue to engage stakeholders and community partners in discussions, including the topic of extending on-road access to additional types of ORVs such as UTVs, to ensure Ontario remains amongst the top jurisdictions in road safety. thank you for your support and input on this initiative. My ministry looks forward to continue working with our municipal partners, as well as with enforcement, ORV and trail organizations, and interested road safety partners in communicating these changes during the public education period. Sincerely, 4VA.(-, Steven Del Duca Minister Ministry of Transportation re Off-Road Vehicle use in Ontari... Page 122 Of 357 REPORT o� y CAO �rtunity I5 �0 TO: Mayor & Members of FROM: Council Paul Shipway, CAO DATE: October 20, 2016 REPORT: CAO-61/16 SUBJECT: 9344 PLANK RD. STRAFFORDVILLE — MUNICIPAL OFFICE BACKGROUND On July 26, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-52/16 re Straffordville Community Centre— Upstairs-Basement be received for information; AND THAT Council direct staff to proceed with issuing a change order to Reid & Deleye pursuant to Report CAO 52/16 to finish the upstairs and downstairs of the Straffordville Community Centre to incorporate a municipal office and council chambers; AND THAT Council direct staff to utilize Working Capital Reserve, Library Reserve and proceeds from sale within 2016 to fund the expenditure. AND THAT staff be directed to conduct surplus activities for the Municipal Office located at 9344 Plank Rd. pursuant to the Municipal Sale & Disposition of Land Policy. DISCUSSION The current Municipal Office is located at 9344 Plank Rd. Straffordville, Ontario. The subject property is classified and zoned `Institutional' in the Official Plan and Zoning By-law respectively. The property is legally described as Part 1 Plan 11 R-10085. RECOMMENDATION 1. THAT Report CAO-61/16 re 9344 Plank Rd. Straffordville — Municipal Office be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham declare 9344 Plank Rd., being Part 1, Plan 11R-10085 surplus to the needs of the Municipality for the purpose of sale; 3. AND THAT Council direct staff to list the property with the Municipal Realtor at the conclusion of the comment period. Respectfully Submitted by: Paul Shipway CAO I REQUIRE THIS PLAN TO BE PLAN 11 R— DEPOSITED UNDER THE LAND TITLES ACT RECEIVED AND DEPOSITED r r� r r DATE _SEPTEMBER 19, 2016 DATE —————————————————— j-JJRD ISJI ------------------------- �'��`L1, REPRESENTATIVE FOR THE ------------------------- LAND REGISTRAR FOR THE KIM S. HUSTED O.L.S. LAND TITLES DIVISION OF ELGIN (No.11) PART SCHEDULE \%�A PART LOTS PLAN P.I.N. AREA \ ALL OF 2 AND 3 PART OF 1699.3 _ i 1 AND PART OF 205 I 4 35336-0209 SQUARE METRES LOT EAST OF PLANK a 0 ✓ ROAD c' Lti z I N ii PLAN OF SURVEY OF 1 LOTL �, ALL OF LOTS 2 AND 3 AND PART OF 4 Q a - ,� I--- EAST OF PLANK ROAD -r `0 ti� �, �0 REGISTERED PLAN 205 _ (W LA GE OF STRAFFORD WLLE) z I s`1�$�� �� MUNICIPALITY OF 1 ,� BAYHAM 1 l� �' COUNTY OF ELGI N X m I 0 AL 1' 0 5 10 15 METRES 20 I � `'`' METRIC DISTANCES AND COORDINATES SHOWN ON THIS PLAN ARE IN METRES J o I - - I J / 1� AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 3 I BE LO 7 f— - - KIM HUSTED SURVEYING LTD. ti,, LLJ N w z Cj I \ a Zl ri z o . — �— — ,✓ rn Li a ui SURVEYOR'S CERTIFICATE N a I CERTIFY THAT L a I (0 \ (1) - THIS SURVEY AND PLAN ARE CORRECT AND IN ACCORDANCE WITH rn - - - LOT-7 / THE SURVEYS ACT, THE SURVEYORS ACT AND THE LAND TITLES ACT AND THE I - J - - \ REGULATIONS MADE UNDER THEM T (ODD LOT L z UI i (2) THIS SURVEY WAS COMPLETED ON THE 18th OF AUGUST, 2016 L� z I o z ��L� �� Quo IL0 tL� 0- z 04 o J a �—, I Z lz�� �� \�� C-� ���� —SEPTEMBER 19 ——— } o I �� Z/� C \ �(-\ DATE KIM S. RUSTED U m z I /� ) ONTARIO LAND SURVEYOR 0 J� tt� L " z L ~ 0 w w N v rill, s�996� I _n I 1 IL CL tj 0 I El 0 D � - rr - o a (CLOSED BY BY-LAW BM 30287) NOTES M o I "a (1) - BEARINGS ARE ASTRONOMIC AND ARE REFERRED TO THE EASTERN LIMIT OF z I �� f?�� ) PLANK ROAD HAVING A BEARING OF N 30' 56' 30" E a I zo AS SHOWN ON DEPOSITED PLAN 11R-2358 N oz I (2) - TO CONVERT BEARINGS SHOWN ON THIS PLAN TO GRID BEARINGS Q J - SUBTRACT 00' 10' 10" FROM THE NORTHEAST BEARINGS ADD 00' 10' 10" TO THE NORTHWEST BEARINGS 0 0 x (3) - DISTANCES SHOWN ON THIS PLAN ARE METRIC GROUND DISTANCES AND CAN BE CONVERTED TO METRIC GRID DISTANCES BY MULTIPLYING BY 0.999682363 Lu " N o g \ I M v C6 CL I v \ o ` 04 w `l o n10 N 59' 03' 30" W 1.829 (P2 & S) o z - - ,l fJF? J `J3Jr P I A! 35336 COORDINATE SCHEDULE _ tt� \ - 0209 o" o h 1 ALL COORDINATES ARE IN METRES AND WERE DERIVED FROM co co J �� / GPS OBSERVATIONS USING THE CAN-NET WORK, L 1 UTM, ZONE 17 (81° WEST LONGITUDE) NAD83 (CSRS) (1997.0) \ lit COORDINATE VALUES ARE TO URBAN ACCURACY AS PER SEC. 14 (2) ` w OF 0. REG. 216/10 SOUTH FACE OR CURB 0.15 NORTH OF LINE �J N 59' 21' 40" W 40.240 w �J POINT NORTHING EASTING A 4733143.079 518319.887 z B 4732943.909 518199.171 N N �r�rJ COORDINATES CANNOT, IN THEMSELVES, BE USED TO o) I J r =3 o z \ f J RE-ESTABLISH CORNERS OR BOUNDARIES SHOWN ON THIS PLAN z a � m CD PART 1 l M nj P N. 35 0209 336 _ c�i ao 0) a a r r \ w w L04 q _ _ 0; z w — — _ to z 1 J a T z o Of i N z NCR RO Pp \°p NI o Q o R \� N (N EPS� �F PL 05 Ml 1 ¢ w O LOT SOU EPS P�PN lP2 & � aN ' �� o 0 REGS�EREp Gp,2� 5`Sv1 �, :5- �0 2 FF M� P21 M � oto �N LL ) Z/� o � ? s Z �Ml (7 z Goy Pam; �� �5 W a J o LLI o G��5 � GQ �P 0 z i ~ Q o= I N 59' 03' 30" W (P2 & S) 33.527 �16�P21W �sl`�SJ� z v (M) (33.424 P2) a �� � wo 1 `� C l 0 f'' r c� U m I r RS)T c-rRr r r —� o I N P. N 35336 _ z a °�° 0198 Lox IC5 tt� u- 1 N L ~ w q v � Q r� N tQ 1 C) v 7 o -J ,� r�L.. PAR-r � 0 04 I -1 -1 Ll- a, 0 — — LEGEN D Cj ■ DENOTES SURVEY MONUMENT FOUND L 7 ❑ DENOTES SURVEY MONUMENT SET Q AL� / tQ C) SIB DENOTES STANDARD IRON BAR ttl C) \� 1 1 / IB DENOTES IRON BAR RIB DENOTES ROUND IRON BAR (WIT.) DENOTES WITNESS 7 \>> > Q (P1) DENOTES DEPOSITED PLAN 11R-1733 < (P2) DENOTES DEPOSITED PLAN 11 R-2358 �I Lj `� t>, (P3) DENOTES DEPOSITED PLAN 11R-7453 C� 0 0 i (P4) DENOTES DEPOSITED PLAN 11R-9546 `\ Lt, (7 27 DENOTES R) DENOTES F. WESTON TERED PLAN 205 O.L.S. 1582) DENOTES KIM HUSTED SURVEYING LTD. LQ L� f 996) DENOTES J.B. DODD O.L.S. (SU) DENOTES SOURCE UNKNOWN (CP DENOTES CONCRETE PIN CC� DENOTES CUT CROSS (M) DENOTES j� (S) DENOTES SET MEASURED \ P.I.N. DENOTES PROPERTY IDENTIFIER NUMBER t� , I\3 1 _� � \ tLl i to CL W ° � � <� �1 m (14 c� A, 0 04 " Al r� w r I 1Zo po ,, z 11 o rn o M LO 1 z^ 00 Q \��\p 1 �15$ \9 Ll KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 30 HARVEY STREET, 11LLSONBURG ONTARIO, N4G 3J8 PHONE:519-842-3638 FAX: 519-842-3639 PROJECT: 16-12436 REFERENCE: HF1 DI644 CKD. GIES BV F,_ i I .i _�,i - _ _ F 'Vo H � REPORT qoAortunity CAO Is�o TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 20, 2016 REPORT: CAO-62/16 SUBJECT: MUNICIPAL ALCOHOL POLICY BACKGROUND In October 1998 Council passed a resolution that a Committee be struck to prepare a Municipal Alcohol Policy for the Municipality of Bayham. The Municipality has generally annually reviewed the Municipal Alcohol Policy through the Community Centre Committee or via staff. In 2016 to prepare for the reopening of the Straffordville Community Centre the Municipal Alcohol Policy was thoroughly reviewed by the Elgin St. Thomas Public Health Unit and Municipal Staff. On September 15, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-55/16 re Municipal Alcohol Policy be received for information; AND THAT staff be directed to post the revised Municipality of Bayham Municipal Alcohol Policy for review on the Municipal Website; AND THAT at the conclusion of the fourteen (14) day review period staff be directed to bring forward a by-law for Council consideration to adopt the same. DISCUSSION Notice was posted from September 16, 2016 - September 30, 2016. Comments were incorporated as per the Municipal Alcohol Policy with changes indicated via highlights, attached hereto as Appendix `A'. The Straffordville Hall Foundation submitted the comments attached hereto as Appendix `B' On the advice of legal this change was not incorporated into the Municipal Alcohol Policy: The sponsor of a special occasion permit event being held in the Straffordville Community Centre under the management of The Straffordville Hall Foundation is required to provide in addition a certificate of insurance naming The Straffordville Hall Foundation as an additional insured in the minimum amount of two million dollars $2,000,000) This was omitted, as firstly, the to-be executed Operating Agreement contains Municipal Indemnity provisions for the Straffordville Hall Foundation. Secondly, incorporation of third party requirements in corporate documents creates issues of entity separation under common law and the various financial differences between a volunteer and an employee. RECOMMENDATION 1. THAT Report CAO-62/16 re Municipal Alcohol Policy-Comment be received for information; 2. AND THAT staff be directed to bring forward a by-law for Council consideration to adopt the updated Municipal Alcohol policy. Respectfully Submitted by: Paul Shipway CAO MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY TABLE OF CONTENTS 1. MISSION STATEMENT, GOALS AND OBJECTIVES OF THE ALCOHOL MANAGEMENT POLICY...........................................................3 2. POLICY REGULATIONS REGULATION #1: MUNICIPAL FACILITIES ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS..................4 REGULATION #2: MUNICIPAL PROPERTIES, FACILITIES AND EVENTS NOT ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS.......................................................4 REGULATION #3: SIGNS......................................................................5 REGULATION #4: SAFE TRANSPORTATION.......................................... 7 REGULATION #5: YOUTH ADMISSION TO ADULT EVENTS...................... 8 REGULATION #6: ALCOHOL SERVICE...................................................9 REGULATION #7: CONTROLS PRIOR TO EVENT...................................10 REGULATION #8: EVENT WORKERS/SERVER TRAINING PROGRAM RECOGNIZED BY THE LIQUOR LICENCE BOARD OF ONTARIO....................12 REGULATION #9: CONTROLS DURING EVENT.......................................13 REGULATION #10:INSURANCE............................................................14 REGULATION #11:POLICY MONITORING AND REVISIONS......................15 REGULATION #12:POLICY SUPPORT AND IMPLENTATION.....................15 3. CONSEQUENCES FOR FAILURE TO APPLY.............................................16 APPENDIX "A" CHECKLIST FOR RENTERS..............................18 APPENDIX "B" APPLICATIONS TO COUNCIL OUTDOOR SPECIAL OCCASION PERMITS.........20 MISSION STATEMENT To provide the Municipality of Bayham with a range of measures designed to prevent alcohol related problems and manage the consumption of alcohol within their facilities and parks in accordance with appropriate liquor laws, thereby decreasing municipal liability as well as increasing the enjoyment of those using municipal facilities. GOALS The Municipality of Bayham wants residents and visitors to enjoy the various facilities and parks available. Through the efforts of the people, the Municipality offers a variety of recreational experiences for people of all ages. In order for the Municipality to ensure the health and safety of its participants and the protection of municipal facilities, a policy for the orderly use of alcohol during events and functions has been developed. The following document outlines these regulations. OBJECTIVES 1. To ensure proper operation and supervision of Special Occasion Permit events by providing education in prevention and intervention techniques and in effective management procedures. This will lower the risk of liability to event organizers, participants, volunteers, the Municipality and its staff. 2. To reinforce responsible drinking practices for consumers through appropriate operational procedures, controls, training and education. 3. To honour the decision of abstainers not to drink alcohol and to encourage their participation by providing alternative, non-alcoholic beverages. 4. To provide a balanced use of alcohol through Special Occasion Permits so that alcohol becomes a responsible part of a social function, rather than the reason for it. 5. To provide a balance of licensed and non-licensed programs to ensure that consumers, abstainers, adults, youth and families will be adequately serviced and protected. Please note: Throughout this document "Smart Serve" trained program will be used to identify the Server Training programs recognized by the Liquor Control Board of Ontario and may include Server Training Program (S.T.P.) or Server Intervention Program (S.I.P.) 3 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 1 : MUNICIPAL FACILITIES ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS A. Straffordville Community Centre D. Vienna Community Centre REGULATION # 2: MUNICIPAL PROPERTIES, FACILITIES AND EVENTS NOT ELIGIBLE FOR SPECIAL OCCASION PERMIT EVENTS A. All Municipal properties not listed in Regulation # 1 B. Exceptions Any person wishing to hold a Special Occasion Permit event in a location not listed in this policy, must apply to the Council of the Municipality of Bayham for approval, subject to meeting requirements as deemed appropriate. C. Requirements The applicant is responsible for obtaining/meeting any applicable Municipal, Provincial, and/or Federal requirements, including police, fire, health and building regulations. See Checklist for Applicants to Council for use of Facilities Appendix «B„ A. All Youth Focused Events (i.e. minor sports events and banquets, family day and family focused events etc.) Rationale: Minor sports events and family events are intended for young people and families. If adults don't drink at these events, it sets an example for youth. As adults are responsible for the transportation of young people, it also decreases the risk of parents drinking and driving and sets another positive example. 4 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 3: SIGNS A. Statement of Intoxication This sign will be provided by the Municipality and will be a minimum of 8'/2 " X 11", to be placed in the bar area. "It is against the Liquor Licence Act of Ontario for licensed establishments to serve customers to intoxication. For this reason, servers in our facilities are required to obey the law and not serve anyone to intoxication. We are also pleased to offer non- alcohol beverages." B. Accountability Signage will be supplied by the Municipality and shall be a minimum of 8'/2 " x 11". These signs will be posted at the bar and/or main entrance of all S.O.P. functions. (a) Telephone Area (Main entrance) One sign will inform patrons where to direct concerns regarding the manner in which the function has been operated and should include the name, address and telephone number of the facility, the name, address and phone numbers of the Municipal Representative for the facility, Police Department and The Alcohol and Gaming Commission of Ontario (AGCO) at 1-800-522-2876. (b) Bar Area In addition, a changeable sign providing the name, address and telephone number of the sponsor of the event is to be supplied and posted. Rationale: Having these signs visible to participants eliminates any confusion on who to contact for information or to lodge complaints regarding an event. C. No Smoking This sign will be supplied by the Municipality and shall be a minimum of 8'/2" x 11" to be placed in the bar, main entrance and main hall area. "No smoking at any time is permitted on municipal properties, playgrounds, in alcohol licensed areas or near food cooking/serving areas." 5 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY C. No Last Call There will be no "Last Call Will Not Be Announced" signage. Sponsor and Disc Jockey are to be advised that this is not to be announced. D. Ticket Sales and Unused Tickets Signs stating "All Ticket Sales End at 12:30 a.m." and "Unused Tickets Can Be Redeemed" will be provided by the Municipality and will be placed in the bar area at a minimum size of 8 1/2" x 11". Ticket sales for alcohol shall be limited to four tickets at one time per person. E. Bar Closing A sign stating "Bar closes at 1:00 a.m., Tables cleared by 1:30 a.m." will be provided by the Municipality and will be placed in the bar area at a minimum size of 8 1/2" x 1111. F. Acceptable ID A sign stating "Acceptable ID is required as perAGCO" and a sign stating "No Minors Served" will be provided by the Municipality and will be placed in the bar area at a minimum size of 8 1/2" x 11". G. No Drinks Beyond This Point A sign stating "No drinks beyond this point" will be placed appropriately at the discretion of the Municipal Representative. H. Sandy's Law A "Sandy's Law" poster will be displayed in the bar area. J. Safe Transportation Signage promoting safe transportation and providing a telephone number(s) for taxi service, encouraging designated drivers is to be placed near the main entrance by the telephone. Advise the public that RIDE programs are in the community. 6 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 4: SAFE TRANSPORTATION Only individuals, groups or organizations implementing a safe transportation strategy will be permitted rental/use privileges of facilities for Special Occasion Permit functions. The sponsor is to decide which option(s) of Safe Transportation will be provided during their event. Possible Strategies: a) Designated Drivers Program -to be advertised at the event so that all patrons are aware this program is available. The designated driver should be provided with non-alcoholic beverages during the function. b) Impaired individuals will be driven home by a sober friend, and/or call a relative, or taxi. c) Inform patrons through advertising of the Taxi service available. d) Promote O.P.P. RIDE Program Rationale: The risk of liability is high when an impaired driver leaves an event where alcohol is served. Event organizers must assume responsibility for promoting safe transportation for all patrons consuming alcohol. 7 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 5: YOUTH ADMISSION TO ADULT EVENTS Each rental group will be responsible to select a strategy on allowing youth to their event. In all cases the following guidelines must be adhered to: 1. I.D. with picture and date of birth must be checked before anyone is allowed into the event/facility: Acceptable forms of photo identification as per AGCO include: • Ontario Driver's Licence with a photo of the person to whom the licence is issued • A Canadian Passport • Canadian Citizenship Card with a photo of the person to whom the card is issued • Canadian Armed Forces Identification Card • A photo card issued by the Liquor Control Board of Ontario (LCBO), entitled Bring Your ID (BYID) • A Secure Indian Status Card issued by the Government of Canada • A Permanent Resident Card issued by the Government of Canada • A photo card issued under the Photo Card Act, 2008 2. Two (2) extra floor monitors will be required if persons under the age of majority are allowed to enter the event. 3. Individuals under the age of majority will not be allowed to consume alcohol beverages. Any one serving individuals under the age of majority will be required to leave the event. 4. All participants over the age of majority will be identified by a stamp on the back of the right hand, or by the placing of a wrist or arm band on the right hand or arm, before entering the event. 5. All participants under the age of majority will be identified by a large black "X" on the back of each hand with a black Magic Marker. Rationale: To ensure that persons under the age of majority do not consume alcohol. 8 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 6: ALCOHOL SERVICE A. Low Alcohol Drinks In order to be eligible for a facility rental involving a Special Occasion Permit, the renter must provide low and non-alcohol beverages. The minimum amount of low alcohol content beverages available is to be 30% of the designated total. There can be no extra strength beer (over 5%) served. Free non-alcohol beverages will be at the discretion of the permit holder. Rationale: Low alcohol content significantly contributes to less intoxication. Not having higher alcohol content beer is a great prevention strategy. B. Control of Alcohol Service 1) All drinks must be served in disposable cups only, not in bottles, cans or glass and all bottles and/or cans retained in the bar area. 2) Sponsor(s) and disc jockey will be advised by that "Last Call" is not to be announced." 3) Renters will not use marketing practises such as: availability of oversized drinks, double shots, pitchers of beer, drinking contests, volume discounts or tickets including a free bar, as these practises encourage increased alcohol consumption. 4) Tickets for alcohol must be purchased from designated ticket sellers, with a maximum of 4 tickets per purchase. Unused tickets can be redeemed. 5) Ticket sales must end at 12:30 a.m. and the bar close at 1:00 a.m. Tables are to be cleared by 1:30 a.m. and the facility vacated by 2:00 a.m. 6) Adequate food must be provided throughout the event. Food refers to sandwiches, cheeses, vegetable and dip, etc. Chips and snack foods are not sufficient. 9 7) There will be no self-serve events, even "Wine and Cheese"functions require a bartender. Rationale: By following the above practices we will reduce the risk that sponsors automatically assume when running an event. These practices are designed to encourage alcohol use in accordance with Canada's Low Risk Alcohol Drinking Guidelines. C. Advertising Events: Renters must follow the Liquor Licence application regulations regarding alcohol advertising which states that groups cannot advertise the brands or the cost of the alcohol to be served unless application is made to the Liquor Control Board of Ontario. Rationale: Alcohol advertising is designed to encourage and promote the consumption of alcohol. Since it is illegal for people under the age of 19 to consume these products, alcohol advertising is not permitted. It is also the desire of the Municipality to provide a positive example to under-age patrons. 10 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 7: CONTROLS PRIOR TO EVENTS RENTERS OF MUNICIPAL FACILITIES WILL BE REQUIRED TO UNDERSTAND THE MUNICIPAL ALCOHOL POLICY PRIOR TO RENTING. 1. A copy of the Municipal Alcohol Policy will be available from the Municipal Representative at the time of booking. If any questions or concerns arise from this policy contact the Municipal Representative for clarification. 2. A "Checklist For Renters" form will be provided by the Municipality at the time of booking. This form is to be completed by the Renter and returned to the Municipal Representative at least two (2) weeks prior to the event. Signatures from both the Renter and the Municipal Representative are required on this form. Please see "Appendix A". 3. The signatory of the S.O.P. must attend the event, and be responsible for decisions regarding the actual operation of the event. This person and all event workers must not drink alcohol before or during the event. Rationale: The above is to ensure that there are no misunderstandings of the regulations contained in the Policy. 11 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 8: EVENTWORKERS/SERVER TRAINING THE FOLLOWING GUIDELINES ARE TO BE FOLLOWED REGARDING THE RATIO OF SERVER TRAINED PERSONS TO UNTRAINED SERVER PERSONS. Public Event # of Bartenders Floor Door Ticket Sellers Participants Supervisors / Supervisors Monitors Under 50 1 Trained No monitor 1 Trained N/A people required 50 — 100 1 or 100% No Monitor 2Trained 1 Trained people Trained required 100— 250 2 or 100% 1 Trained 2 Trained 2 or 100% people Trained 2* Trained Trained 250 —400 2 Trained 2 Trained 2 Trained 2 Trained people 2* Trained *2 extra floor monitors are required for events allowing participants under the age of majority (19). Note: Worker numbers for events may increase or decrease and adequate volunteer or paid security personnel may be requested at the discretion of the Municipal Representative. Private Event # of Bartenders Floor Door Ticket Sellers Participants Supervisors / Supervisors Monitors Under 50 1 Trained No Monitor N/A N/A people required 50 — 100 2 Trained 1 trained N/A N/A people Over 100 2 or 100% 2 Trained N/A N/A people Trained 12 REGULATION # 9 CONTROLS DURING EVENT ALL CONTROLS AND SERVICE MUST BE CONSISTENT WITH THE PROVISIONS OF THE LIQUOR LICENCE ACT OF ONTARIO AND ITS REGULATIONS. 1. The entrances and exits to the event must be monitored by at least one responsible person meeting the age of majority requirements for public functions with under 100 persons in attendance, two responsible persons meeting the age of majority requirements for public functions with 100 or more persons in attendance. These persons shall further observe for individuals that may be attempting to enter the premises and that appear to be impaired. 2. Only identification bearing a photograph, and issued by the Province of Ontario, the Government of Canada or photographic identification issued by another Province, State or Country shall be accepted as bona-fide proof of age. Acceptable forms of photo identification as per AGCO include: • Ontario Driver's Licence with a photo of the person to whom the licence is issued • A Canadian Passport • Canadian Citizenship Card with a photo of the person to whom the card is issued • Canadian Armed Forces Identification Card • A photo card issued by the Liquor Control Board of Ontario (LCBO), entitled Bring Your ID (BYID) • A Secure Indian Status Card issued by the Government of Canada • A Permanent Resident Card issued by the Government of Canada • A photo card issued under the Photo Card Act, 2008 Refer to "AGO Responsible Service — checking ID" 3. The holder of the Special Occasion Permit shall be the person renting the facility and is responsible to ensure that the event is properly supervised and will provide enough staff to fulfil this obligation, at his/her cost. 4. In the event of a masquerade party taking place in any premise owned by the Municipality of Bayham, the permit holder is responsible to check all patrons I.D. to ensure they are of legal drinking age. Any person under the age of majority will not be allowed into a masquerade event. 13 5. Event staff must be clearly identifiable and identification must be clearly stated on the "Checklist For Renters" form. (Example Stick-on I.D. labels or other distinguishing I.D.). 6. The bar area within the premises shall be closed promptly at 1:00 a.m. and No Service of alcoholic beverages will be allowed after this time. 7. All entertainment with the facility shall cease no later than 1:00 a.m. 8. All signs of the consumption and service of alcohol including empty glasses shall be removed from sight within 30 minutes of the expiry of the Special Occasion Permit or by 1:30 a.m., whichever time is earliest. 9. To assist staff and ensure that no incidents occur within the premises, and the facility must be vacated by 2:00 a.m. The only exception to the 1:00 a.m. closing time would be during a New Years Eve event when the Special Occasion Permit indicates the expiry time of 2:00 a.m. Relative deadlines would be extended by one (1) hour as appropriate. Rationale: To ensure the safety of all persons and to promote orderly conduct during events. REGULATION # 10: INSURANCE The sponsor(s) of a special occasion permit event being held in a municipally owned facility is required to provide a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of two million dollars ($2,000,000), at least fourteen (14) days prior to the event. Rationale: i) Special Occasion Permit holders, hall owners, club executives and volunteers could all be named in a law suit, with Municipalities also being held jointly liable, and end up paying the predominant share of an award to a plaintiff should the sponsor be uninsured. MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY REGULATION # 11: POLICY MONITORING AND REVISIONS 14 The alcohol management policy for the Municipality of Bayham, as approved by Council, will be reviewed annually by the Municipality of Bayham, which will discuss any potential changes and recommend to Council for consideration and approval. Rationale: i) Monitoring and review of the Policy on a yearly basis will ensure that the policy remains up to date and effective. ii) Solicitation of public comments will allow the public to remain involved in the process of review and update of the existing policy. REGULATION # 12: POLICY SUPPORT AND IMPLEMENTATION The Municipality shall provide a copy of the Municipal Alcohol Policy to all facility users for events with alcohol to promote the policy and its requirements. The same will be posted on the Municipal Website. MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY CONSEQUENCES FOR FAILURE TO COMPLY Although the Police will be called if a situation deems it necessary to do so, it is the responsibility of the Special Occasion Permit Holder to ensure the proper management of an event. Individuals and/or groups who fail to comply with the Municipal Alcohol Policy shall be subject to the following consequences: 1. Special Occasion Permit holder/ event workers /volunteers will report any infraction of this policy to legal authorities whenever they believe such action is required. Where a minor infraction occurs they will notify the sponsor of the event. 2. Should a situation arise where the Municipal Representative deems it necessary to notify the sponsor of an infraction, and upon so doing the sponsor fails to comply, an event may be immediately shut down. 3. Failure to comply with the above could prevent the Licence Holder or Organization from further renting any Municipal facility and where appropriate, the Police will be advised and charges could be laid. 4. Any infraction of the Municipal Alcohol Policy will be reported by the Municipal Representative. Should the Municipal Representative choose to do so, an appropriate letter may be sent describing the problem to the sponsor. The Municipal Representative may refuse future rental privileges to the sponsor, giving notice of same by sending an appropriate letter. 5. Where persons under the age of majority are found to have consumed or to be consuming alcohol at Special Occasion Permit or non-Special Occasion Permit events, the authorities may be called and/or the following procedure will be followed by the Municipal Representative: First Infraction: The individual(s) will be turned over to a parent or guardian. If a parent or guardian is not available, the police will be called. A registered letter will be sent by the Municipal Representative to the parents/guardians. Second Infraction: The individual(s) will be banned from attending any function held in any municipal facility for a period of 3 months. A registered letter will be sent by the Municipal Representative to the parents/guardians. 16 MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY Third Infraction: A registered letter will be sent by the Municipal Representative notifying the individual(s) that they are banned indefinitely from the facility. The individual(s) may appeal to the Municipal Representative for written reinstatement. 6. Where adults and/or youth engage in disruptive behaviour at social events, authorities may be called and/or the following procedure will be followed by the Municipal Representative: First Infraction: A verbal warning will be given to the individual(s) by staff in charge or head of the function. If individual(s) do not adhere to this warning the Authorities will be called. A registered letter will be sent to the individual(s). Second Infraction: Individual(s) will be banned from attending all functions held in any municipal facility for a minimum period of 3 months. A registered letter will be sent to the individual(s) advising of same. Third Infraction: A registered letter will be sent notifying the individual(s) that they are banned indefinitely from the facility. The individual(s) must appeal to the Municipal Representative for written reinstatement. NOTE: Enforcement procedures and penalties apply to groups or organizations as well as individuals. Once a sponsor has received verbal notice of any infraction of this policy, the sponsor may be required to pay for the supply of police servicing. 17 Appendix "A" MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY "CHECKLIST FOR RENTERS" Date of Event(s): 1. Location of Event: 2. Number in Attendance: 3. Will persons under 19 years of age be attending this event? Yes No Note: *2 extra floor monitors are required for events with attendance over 100 people and allowing participants under the age of majority, and adequate volunteer or paid security personnel may be required. 4. Name of person and/or group sponsoring this event: 5. Type of Identification for event workers 6. Has proof of a Special Occasion Permit been provided? YES NO 7. Has proof of Insurance been provided? YES NO 8. The safe transportation strategy(s) that will be used at this function are: a) b) c) (2) 18 "CHECKLIST FOR RENTERS" 9. The names and certification numbers of Smart Serve trained program event workers are: 1) Name Certification # 2) Name Certification # 3) Name Certification # 4) Name Certification # 5) Name Certification # 6) Name Certification # 10. 1 have reviewed the Municipal Alcohol Policy with a municipal representative. Yes No _11. 1 understand all the policy regulations. Yes No 12. 1 and/or my group will observe and obey all policy regulations during the event. Yes No If No, explain: Signature of Special Occasion Permit holder Address Telephone Number Signature of Municipal Representative Date: 19 Appendix "B" MUNICIPALITY OF BAYHAM MUNICIPAL ALCOHOL POLICY OUTDOOR SPECIAL OCCASION PERMITS APPLICATION TO MUNICIPALITY OF BAYHAM COUNCIL Date of Event(s): Type of Event: 1. Location of Event: 2. Number in Attendance: 3. Will persons under 19 years of age be attending this event? Yes No 4. Name of person and/or group sponsoring this event: 5. Will there be extra staffing above the guidelines set out by the Municipal Alcohol Policy? Describe i.e. #, Adequate volunteer or paid security personnel, security company, volunteers (trained or untrained): 6. Government Approvals that are necessary: OPP Health Unit Fire Building Other 7. Transportation Strategies that will be used at this function are: a) b) 20 OUTDOOR SPECIAL OCCASION PERMITS APPLICATION TO MUNICIPALITY OF BAYHAM COUNCIL 8. Drawing of service area showing entrances, service area, seating area, fencing etc. Please attach. 9. Type of Fencing (i.e. Single or double fencing, snow fence etc.) 10. Disposable Glasses to be used? 11. Parking arrangements: 12. Type of identification for event workers: 13. 100 Percent of event workers must be Smart Serve trained: 14. The Municipal Alcohol Policy has been reviewed with a municipal representative. Yes No Signature of Applicant Address Telephone Number Date: Brenda Gibbons From: Marni Wolfe <mwolfe22@alumni.uwo.ca> Sent: Wednesday, September 21, 2016 1:12 PM To: Paul Shipway Cc: Paul Ens;Tom Southwick; Randy Breyer; Ed Ketchabaw;Wayne Casier; Brenda Gibbons Subject: Re: municipal alcohol policy Staff and Members of Council, Regarding regulation#10 of the proposed municipal alcohol policy, we ask that staff and members of Council please consider that sponsors of special occasion permits also be required to name The Straffordville Hall Foundation as an additional insured on insurance certificates for events being held in the Straffordville Community Centre under our management. Risk of liability unfortunately needs to be of great concern in this current world we live in. Historically, the municipality held sole responsibility for management of the Straffordville Community Centre. Our group will be providing the municipality with a volunteer service of managing the facility. We will be assuming the same risk as the municipality because the sponsors of the event will hold the responsibility for ensuring that the required number of"trained staff' are present at the event as per the proposed policy. Additionally, it shouldn't impose any inconveniences to the sponsor as they wouldn't incur any added costs to name our group as an additional insured party. Thank you for the opportunity to offer public input regarding this policy and for your consideration of our request. Best Regards Marni Wolfe C/O The Straffordville Hall Foundation Sent from my iPhone Spam Phish/Fraud Not spam Forget previous vote i REPORT q'oortunity CAo IS�o TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 20, 2016 REPORT: CAO-63/16 SUBJECT: ROAD DAMAGE — ENTRANCE BY-LAW BACKGROUND On April 2, 2009 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2009-046, being a By-law to regulate repairs and payments for repairs on Municipal property, a copy of which is attached hereto as Appendix `A' On July 16, 2009 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2009-088, being a By-law to adopt a road access and/or water/sewer services permit policy and procedure, a copy of which is attached hereto as Appendix `B'. DISCUSSION Recent sidewalk and road damage concerns, along with the continuing administrative regulatory review determined the existing by-laws were insufficient for enforcement purposes. Water/sewer service permit processes are incorporated within By-law No. 2014-099 —Water Service By-law and By-law No. 2014-100 — Sewer Service By-law. The Comprehensive Road Care, Use and Entrance By-law attached hereto as Appendix `C' provides both cost recovery and fine mechanisms for the Municipality to rectify and prevent road damage occurrences. RECOMMENDATION 1. THAT Report CAO-63/16 re Road Damage — Entrance By-law be received for information. 2. AND THAT staff be directed to bring forward the Comprehensive Road Care, Use and Entrance By-law for Council consideration; 3. AND THAT By-law No. 2009-046 and By-law No. 2009-088 be repealed in their entirety; Respectfully Submitted by: Paul Shipway CAO THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2009-046 A BY-LAW TO REGULATE THE REPAIRS AND PAYMENTS FOR REPAIRS TO MUNICIPAL PROPERTY WITHIN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ALONG THE MUNICIPAL ROADWAYS WHEN DAMAGED BY AN INDIVIDUAL. WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems is necessary and expedient to provide for the recovery of costs for repairs to municipal property along roadways when damaged by individuals. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS; Section 1- Title and Scope 1. Short Title This By-Law may be cited as The Municipality of Bayham Cost Recovery By- Law Section II—Definitions 2. The following terms for the purposes of this By-Law have the meaning as stated below: (i) "Municipality of Bayham"means the Council for the Municipality of Bayham (ii) "Erect"means to construct,place, locate, fabricate or alter the characteristics of an sign or municipal property along the roadway (iii) "Maintain"means to permit a sign or structure to continue or to be refurbished within the Municipality of Bayham (iv) "Road Authority"means the Municipality of Bayham (v) "Accident" includes any damage done to municipal property either intentional or not (vi) "Owner" includes the holder of a leasehold interest or a tenant in possession of the adjoining property Section III- Administration 3. 1. A person who has damaged municipal property shall report this to the Municipality of Bayham and shall be responsible for repairs or cost of repairs 3. 2. The Public Works Manager or his designate will approve the erection, replacement or remodeling of the damage done to municipal properties and may contact outside sources in order to expedite the repairs. 3. 3. The Road Authority is hereby permitted to: (i) Dismantle and remove the damage done to municipal property as to eliminate any further damage done to either innocent pedestrians or motorists. (ii) Advise the Police of the damage or if the municipal forces come upon the accident they are to call the Police to advise of the accident (iii) Municipal forces will attend the Police dispatch at a later date to obtain the Motor Vehicle Accident Report and upon receipt of the report a letter will be written to the owner of the vehicle or item which has caused the damage. (iv) Give notice in writing to the person who is either found guilty of the damage or has the means by which the damage was caused and the person or persons are thereby held responsible for the cost to bring the municipal property to standards as required by the Municipal Act (v) The notice shall include an estimated cost of repairs and a date which the owner or owners shall advise the Municipality of Bayham which option they wish to use , either pay for the damage themselves or have the municipality file through the insurance companies Section IV—Permitted Location/Construction 4. (i) Only qualified individuals or contractors shall be permitted to repair or replace the damaged items in order to allow the Municipality of Bayham to ensure that the Municipal Act is being followed and to the Municipalities knowledge all items are in good working order and no danger exists. (ii) At times it may take a longer than normal timeframe in order to repair damages to municipal property and this shall be permitted as a specialized contractor may be required to fix certain infrastructure of the municipality. Section V—Restoration of Damaged Units 5. (1) Only qualified individuals or individuals hired by the Municipality may repair municipal property to conform with the wishes of the Municipal Act (2) Council has the right to waive the fee for damage to municipal property as well as Council has the right to collect fees for damage done to municipal property as outlined under Section 258 of the Insurance Act. Section VI—Effective Date 6. (1) The regulations and conditions contained in this By-Law shall become effective upon the day of the passing thereof. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2ND DAY OF APRIL,2009. Y R CLERK RK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2009 -088 A BY-LAW TO ADOPT A ROAD ACCESS AND/OR WATER/SEWER SERVICES PERMIT POLICY& PROCEDURE WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary and expedient to establish a permit system to regulate municipal road access requests and municipal services installations; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT the "Road Access and/or Water/Sewer Services Permit Policy& Procedure"be established as detailed in Schedule "A" attached hereto. 2. THAT the license fees shall be as per Schedule"B" attached to and forming part of this by-law. 3. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF JULY 2009. YCCERK BY-LAW 2009-088 SCHEDULE "A" BAYS MUNICIPALITY OF BAYHAM PROCEDURE SAP°r+uaitp[6Y�� SUBJECT: ROAD ACCESS AND/OR WATER/SEWER SERVICES PERMIT EFFECTIVE DATE: April 16, 2009 Revised June 4, 2009 PURPOSE: To establish a policy and guideline for property owner(s)requests for municipal road access, water and/or sewer services installations from the mains to the property line. SCOPE: All Municipal staff shall follow this policy and guideline. Policy Effective immediately, all requests for road access,water main connections and sewer main connections shall be subject to the approval of a "Road Access and/or WaterlSewer Services Permit". Exception: for requests to install water/sewer services to three or more adjacent lots, a Development Agreement shall be required. Procedure 1. Each request for:a municipal road access shall require a "Road Access and/or Water/Sewer Services Permit". 2. A request for a connection to the water main and/or sewer main to a property line for up to a maximum of two adjacent lots shall require one "Road Access and/or Water/Sewer Services Permit' 3. Copies of the permit application are available from the Chief Building Official,Manager of Public Works,Water/Wastewater Superintendent and filing cabinet at front reception. 4. A property owner must complete, sign and submit the permit application to the municipal office for processing with the applicable fee as per the most current Rates and Fees By-law. 5. The appropriate staff member(Manager of Public Works and/or Water/Wastewater Superintendent) shall review the permit application for SCHEDULE `A' Cont'd completeness, specify the requirements for the proposed works and determine the amount of security deposit. It will be at the discretion of municipal staff to determine the need for a formal written estimate for works upon which to base the security deposit amount. The applicant shall obtain and provide such written estimate to municipal staff. 6. The appropriate staff member shall provide signed approval on the permit. 7. A photocopy of the permit shall be provided to the property owner. S. It is the property owner's responsibility to notify the office for an inspection of completed works. 9. The appropriate staff member shall inspect the works and if complete, sign and date the original permit. 10. If the works are not completed to the municipality's satisfaction, the appropriate staff member shall contact the property owner to discuss the outstanding concerns and determine a completion date. 11. Once all works are approved as complete, the permit shall be filed as applicable: • in the designated roll file or • in the case of a severance and a roll number is not determined, it shall be placed in File P11.RAWSS in the RMS Filing System for reference in future development or • provided to the Chief Building Official to attach to an active building permit 12. In the case of the permit being a condition of an application for consent: a) the Road Access portion of the permit must be approved to satisfy the condition of severance. Installation of the access would remain the responsibility of the builder as per the approved permit. Should the builder require a change to the permit, a new permit with the applicable fee is required. b) the Water/Sewer Services portion of the permit must be approved, services installed and full restoration completed to the satisfaction of the municipality to satisfy the condition of consent. BY-LAW 2009-088 SCHEDULE `B' PERMIT FEES Road Access $160.00 Water Service Connection $170.00 Sewer Service Connection $170.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NUMBER 2016-XXX BEING A BY-LAW TO REGULATE THE CONSTRUCTION, ALTERATION OR CHANGE OF ANY PRIVATE OR PUBLIC ENTRANCE, GATE OR OTHER STRUCTURE OR A FACILITY THAT PERMITS ACCESS TO A HIGHWAY AND TO PROHIBIT THE DEPOSIT OF REFUSE AND DEBRIS ON THE SAME WHEREAS Council of the Corporation of the Municipality of Bayham deems it expedient and appropriate to regulate Entrances adjacent to Highways and prohibit Refuse and Debris from fouling a Highway; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: SHORT TITLE This by-law shall be known and may be cited as the Comprehensive Road Care, Use and Entrance By-law Section 1 - Definitions For the purpose of this by-law: 1.1 "Adjacent Property" shall mean the property abutting a Highway or the Public Lands to which an Entrance is intended to provide access to and from a Highway; 1.2 "Building Permit" shall mean a permit issued by the Municipality pursuant to the provisions and regulations of the Building Code Act, 1992. 1.3 `Chief Building Official' or `CBO' shall mean the Chief Building Official of the Corporation of the Municipality of Bayham. 1.4 "Clean" shall mean free of Refuse and Debris, and at the discretion of the Director of Public Works and Operations and/or CBO shall mean to sweep and/or flush the Highway with a mechanical street cleaning vehicle; 1.5 "Council" shall mean the Council of the Corporation of the Municipality of Bayham; 1.6 `County' shall mean the Corporation of the County of Elgin. 1.7 "Curb Cut" shall mean any point at which the curb along a Highway is interrupted or depressed to provide Entrance to an Adjacent Property; 1.8 "Curb Line" shall mean the line of the curb, or, where no curb is constructed, the edge of the traveled portion of the Highway; 1.9 "Director of Public Works and Operations" shall mean the Director of Public Works and Operations, or designate; 1.10 "Entrance" shall mean an area of ingress and egress intended to provide vehicular access to an Adjacent Property from a Highway; 1.11 "Entrance Agreement" shall mean an agreement prepared by the Municipality for execution by the Municipality and an Owner as a condition for granting authorization to obtain an Entrance Permit to carry out Land Disturbance activities; 1.12 "Entrance Permit" shall mean a permit issued by the Director of Public Works and Operations and/or CBO for an area of ingress and egress intended to provide vehicular access to an Adjacent Property from a Highway; 1.13 "Expense" shall mean any and all sums of money actually spent or required to be spent by the Municipality pursuant to any section of this by- law, and shall include but not be limited to all charges, costs, a twenty-five percent (25%) administrative fee, taxes, outlays, legal fees and losses; 1.14 "Highway" shall mean a Highway under the jurisdiction of the Municipality and as defined by the Municipal Act, 2001 and the Highway Traffic Act, 1990; 1.15 "Land Disturbance" shall mean any man-made change or site alteration to the land surface through excavation, importation, grading and construction activities including removal of trees, vegetation, trenching, filling and grading not in compliance with the issuance of a Building Permit from the Municipality. Land Disturbance shall not include normal farming practices, activities covered under a building permit or any man-made change or site alteration to the land surface through excavation, importation, grading and construction activities including removal of trees, vegetation, trenching, filling and grading for the purpose of lawn dressing, landscaping or adding to flower beds or vegetable gardens, provided that the ground elevation of the lands is not increased by more than ninety (90) centimetres and shall not exceed addition or removal of one hundred fifty (150) cubic metres of land per year. 1.16 "Lot" shall mean a parcel or tract of land capable of being conveyed and described in a deed or other legal document which: i. is a whole Lot described in accordance with and is within a registered plan of subdivision, other than a registered plan of subdivision which has been deemed by the Municipality not to be a registered plan of subdivision under a by-law passed pursuant to the Planning Act; ii. is a legally separated parcel of land in existence on the date of passing of this by-law, and which so continues to the relevant time; iii. has received a final and binding consent to a conveyance pursuant to the Planning Act; or iv. is the whole remnant remaining to a (owned) Person after a conveyance has been made with a final and binding consent pursuant to the Planning Act, but for the purpose of this clause no parcel or tract of land ceases to be a Lot by reason only of the fact that a part or parts of it has or have been conveyed to the Township, the Region or any municipality; or, Her Majesty in the Right of Ontario, Her Majesty in the Right of Canada; or for the construction of a transmission line as defined in the Ontario Energy Board Act, 1998; 1.17 "Lot Line" shall mean any boundary of a Lot or the vertical projection thereof; 1.18 "Mud Mat" shall mean a grated device placed at an Entrance designed to prevent Refuse and Debris from fouling a Highway; 1.19 "Municipality" shall mean the Corporation of the Municipality of Bayham; 1.20 "Mutual Entrance" shall mean an Entrance to a Highway that provides shared access to serve separate existing Lots; 1.21 "Officer" shall mean a Municipal Law Enforcement Officer, a person authorized by Council with the responsibility for enforcing and administering this by-law as appointed by Municipality of Bayham By-law, or a Police Officer; 1.22 "Ontario Provincial Standards Drawings" shall mean standard drawings and construction and material specifications and contract tendering documents for road works jointly owned and produced by the Ministry of Transportation, Ontario (MTO) and the Municipal Engineers Association (MEA); 1.23 "Owner" shall include but not be limited to the applicant for an Entrance Permit and a Person who, alone or with others, owns a Lot as described in the most current assessment roll or is a director or officer of a corporation, as prescribed in a corporate profile or assessment roll; 1.24 "Person" shall include an individual, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person; 1.25 "Preventative Mat" shall mean a rubber or similar device which permits a Vehicle equipped with cleats, flanges, or tracks on its wheels or rollers to transport across or on a Highway without fouling or damaging the Highway; 1.26 "Public Lands" shall mean lands owned by, leased, licensed to or under the management of the Municipality, and shall include but not be limited to any Highway; 1.27 "Refuse" or "Debris" shall include but is not limited to: i. animal waste and excrement ii. carcass, hides, bones or feathers of any animal or bird iii. construction and landscaping materials iv. celluloid cuttings, v. material or thing soaked in oil or gasoline vi. domestic waste vii. grass cuttings, leaves and vegetation viii. hay, straw and manure ix. manufacturers/industrial waste x. sawdust and shavings A. sewage and paper sludge xii. snow and ice xiii. swill, soil, dirt earth or organic material xiv. tree branches or roots xv. wrecked, dismantled, discarded, inoperative or abandoned machinery, Vehicles, trailers, boats and their component parts, and includes Vehicles that appear by reason of their appearance, mechanical condition or lack of current permit plates to be inoperable, and tires; 1.28 "Structure" shall mean anything constructed or erected, the use of which requires location on the ground, or attached to something having location on the ground and, without limiting the generality of the forgoing, shall include buildings and motor vehicles; 1.29 "Vehicle" shall have the same meaning as defined in the Highway Traffic Act, and includes a motor vehicle, trailer, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power. Section 2 — Refuse and Debris 2.1 No Person shall, knowingly or unknowingly, throw, push, plow, place, pile, store, dump or deposit or permit to be thrown, pushed, plowed, placed, piled, stored, dumped or deposited any Refuse or Debris on a Highway. 2.2 No Person shall, knowingly or unknowingly, throw, push, plow, place, pile, store, dump or deposit or permit to be thrown, pushed, plowed, placed, piled, stored, dumped or deposited any Refuse or Debris to obstruct or interfere with any culvert or ditch adjacent to a Highway. 2.3 No Person shall, knowingly or unknowingly, foul, encumber or damage or permit to be fouled, encumbered or damaged a Highway by animals, Vehicles or other means. 2.4 No Person shall, knowingly or unknowingly, obstruct or permit to be obstructed a drain, gutter or water course along or upon a Highway. 2.5 No Person shall, knowingly or unknowingly, set or carry or permit to be set or carried fire on a Highway. 2.6 No Person shall, knowingly or unknowingly, erect or maintain or permit to be erected or maintained any gate or door so that the same shall open or swing outward over any part of a Highway. 2.7 Unless authorized by an over-dimensional permit issued by the Municipality, no Person shall, knowingly or unknowingly, move or permit to be moved any building or structure into, along, or across a Highway. 2.8 No Person shall, knowingly or unknowingly, move, or permit to be moved a Vehicle equipped with cleats, flanges, or tracks on its wheels or rollers on or along a Highway, except by means of a float, trailer, or other similar device. 2.9 No Person shall, knowingly or unknowingly, move, or permit to be moved a Vehicle equipped with cleats, flanges, or tracks on its wheels or rollers on or along a Highway unless a Preventative Mat has first been laid on the surface of the portion of the Highway to be crossed. 2.10 No Person shall, knowingly or unknowingly, pull down, destroy, deface or in any way interfere with, or permit to be pulled down, destroyed, defaced or in any way interfered with, any municipal infrastructure, including but not limited to, any post, surveyor's mark, bench mark, traffic sign, Highway name sign, sign board, regulatory sign, traffic signal, traffic cone, or any other traffic control device that is affixed or placed on a Highway. 2.11 No Person carrying out or causing or permitting to be carried out any Land Disturbance shall do so without keeping all Highways, under the jurisdiction of the Municipality, Clean of Refuse, Debris and dust emanating from the Land Disturbance. 2.12 No Person carrying out or causing or permitting to be carried out any Land Disturbance shall do so without constructing a Mud Mat, or taking alternate measures as approved by the Municipality to prevent Refuse and Debris from fouling a Highway. Section 3 — Entrance Permits 3.1 No Person shall construct, install, widen or alter or permit to be constructed, installed, widened or altered any Curb Line, Curb Cut or Entrance without first having applied for and obtained an Entrance Permit from the Director of Public Works and Operations and/or CBO pursuant to the provisions of this by-law. 3.2 No Person shall construct, install, widen or alter or permit to be constructed, installed, widened or altered any Curb Line, Curb Cut or Entrance except in accordance with the plans, specifications, documents, the Ontario Provincial Standards Drawings, terms and conditions and any other information used as the basis for the issuance of an Entrance Permit from the Director of Public Works and Operations and/or CBO pursuant to the provisions of this by-law. 3.3 An Entrance, if permitted by the granting of an Entrance Permit pursuant to the provisions of this by-law, is permitted on a Highway only to provide Entrance to an Adjacent Property and shall not be constructed, installed, widened or altered or permitted to be constructed, installed, widened or altered to perform any other function, including the parking of Vehicles. 3.4 Every Entrance Permit shall be Lot specific. 3.5 Every Owner of Adjacent Property shall obtain an Entrance Permit for: i. construction of a new Entrance; ii. changing the design of an existing Entrance; iii. changing the location of an existing Entrance; or iv. carrying out or causing or permitting to be carried out any Land Disturbance and shall include, but not be limited to any Land Disturbance conducted under a permit system authorized by the Province of Ontario, County or any Conservation Authority. 3.6 The Entrance Permit may: i. prohibit the construction, design, alteration and change in use of an Entrance without a valid Entrance Permit; ii. refuse to grant, suspend or revoke an Entrance Permit; iii. impose conditions, including special conditions as a requirement of obtaining, or continuing to hold an Entrance Permit; or iv. impose special conditions on an Entrance Permit in a class that have not been imposed on all of the Entrance Permits in that class in order to obtain, or to continue to hold an Entrance Permit. 3.7 The Director of Public Works and Operations and CBO shall have delegated authority to: i. prohibit the construction, design, alteration and change in use of an Entrance without a valid Entrance Permit; ii. refuse to grant, suspend or revoke an Entrance Permit; iii. impose conditions, including special conditions as a requirement of obtaining, or continuing to hold an Entrance Permit; and iv. impose special conditions on an Entrance Permit in a class that have not been imposed on all of the Entrance Permits in that class in order to obtain, or to continue to hold an Entrance Permit. 3.8 The Director of Public Works and Operations and CBO shall consider the following criteria when reviewing applications for Entrance Permits: i. public safety; ii. protection of the public through the orderly control of traffic movements onto and from Highways, including possible requirements for left and/or right turn lanes; iii. providing legal access onto Highways from Adjacent Property; iv. required sight distance, safe grade, and alignment conditions for all traffic using the proposed Entrance; v. maintaining the orderly flow of the traffic traveling on the Highway; vi. no undue interference with the safe movement of through traffic; vii. protection of the public investment in the Highway and minimizing Municipality expenditures on the maintenance of Highways and Entrances; and viii. reducing future maintenance problems and reconstruction costs of Highways and Entrances. 3.9 Every Owner shall provide in full a complete application at the time the application is submitted or the Director of Public Works and Operations and/or CBO shall not accept the application. 3.10 A complete application shall include all of the information required on the application form and the following: i. payment of the prescribed Entrance Permit fees set out in Schedule `A' of this by-law; ii. any other document or information as may be required in any other Section of this by-law; and iii. any other affidavit, document or information as may be requested by the Director of Public Works and Operations and/or CBO. TERM OF ENTRANCE PERMIT 3.11 An Entrance Permit issued with respect to a Lot pursuant to the provisions of this by-law shall be valid until any of the following activities occur on the same Lot: i. construction of a new Entrance; ii. changing the design of the existing Entrance; iii. changing the location of the existing Entrance; iv. carrying out or permitting to be carried out any Land Disturbance and shall include, but not be limited to any Land Disturbance conducted under a permit system authorized by the Province of Ontario, County or any Conservation Authority. 3.12 An Entrance Permit shall expire six (6) months following the date of issue if the Entrance construction has not commenced. After the expiration of the six (6) month term, a new Entrance Permit shall be obtained before proceeding with work on the Entrance. ENTRANCE PERMIT FEES 3.13 All Entrance Permit fees shall be as set out in Schedule `A' to this by-law, reflected in the Municipality Fees By-law, and non-refundable. CONDITIONS FOR ENTRANCE PERMIT ISSUANCE 3.14 For every Entrance Permit that is issued, the Owner shall perform and observe the following conditions: i. pay the applicable fees; ii. not carry on activities that are in contravention of this by-law or any other Municipal By-law; iii. when required, enter into an Entrance Agreement and pay the applicable fee set out in Schedule `A' of this by-law, for any Entrance Permit that is issued as a result of Land Disturbance, which shall be in force and effect until said Land Disturbance ends, for which the Entrance Agreement conditions, having regard to the objectives of Section 3.8 of this by-law, may include but not be limited to: a. Letter of Credit; b. specified transportation traffic routes; C. insurance; and d. indemnification. ENTRANCE PERMIT APPLICATION - SUBJECT TO APPROVAL 3.15 Every Entrance Permit application shall be subject to investigations by and comments or recommendations from such municipal or provincial departments or agencies as the Director of Public Works and Operations and/or CBO deems necessary, or as directed by Council, including but not limited to: i. Ontario Provincial Police; ii. Municipality of Bayham Fire Department; and iii. Municipality of Bayham Public Works and Operations Department. INCOMPLETE APPLICATION 3.16 An Entrance Permit application that does not comply with the provisions of Section 3.10 shall be deemed incomplete and shall be returned by registered mail to the Owner pursuant to 3.19 of this by-law. 3.17 Every Entrance Permit application that has not received required comments from all municipal or provincial departments or agencies as the Director of Public Works and Operations and/or CBO deems necessary within sixty (60) days from the date of filing of the application, pursuant to Section 3.15 of this by-law, due to the Owner's inability to comply with the requirements to obtain an Entrance Permit pursuant to this by-law, shall be deemed incomplete. NOTICE 3.18 Every Owner shall notify the Director of Public Works and Operations in writing within ten (10) days of any change in his mailing address and shall be sent to: Director of Public Works and Operations Municipality of Bayham 9344 Plank Rd Straffordville, ON L9P 1T1 3.19 Any notice or request made pursuant to this by-law may be given in writing by registered mail and is effective: i. on the date on which a copy is hand delivered to the Person to whom it is addressed; or ii. on the fifth (5th) day after a copy is sent by registered mail to the Person's last known address. 3.20 For the purpose of Section 3.19 of this by-law, the Owner's last known address shall be deemed to be that provided pursuant to Section 3.10 of this by-law and may be changed pursuant to Section 3.18 of this by-law. 3.21 No Person served with a notice under any section of this by-law shall fail to comply with such notice within the time provided by such notice. CONTRAVENTION OF OTHER LAWS PROHIBITED 3.22 The issuance of an Entrance Permit under this by-law is not intended and shall not be construed as permission or consent by the Municipality for the Owner to contravene or to fail to observe or comply with any law of Canada or Ontario or any other by-law of the Municipality or the County. REVOCATION OF ENTRANCE PERMIT 3.23 The Director of Public Works and Operations and/or CBO may revoke or suspend an Entrance Permit: i. which is voluntarily surrendered by the Owner for revocation; ii. at any time when the Owner fails to meet any provision of this by- law; or iii. that was obtained by any mistake, misstatement or misrepresentation. NOTICE OF ENTRANCE PERMIT REFUSAL, REVOCATION OR SUSPENSION 3.24 Where the Director of Public Works and Operations and/or CBO decides to refuse to issue, to revoke or suspend an Entrance Permit, he shall give notice of his decision for refusal, revocation or suspension to the Owner, together with the reason for his decision, pursuant to Section 3.19 of this by-law, as well as to such other Persons, departments, boards, commissions, authorities or agencies as appear to have an interest in the decision. Section 4 - Entrance Permit - General Provisions 4.1 Every Entrance Permit that is issued shall be subject to Sections 2, 3 and Section 4 of this by-law, all of which shall be performed or observed at all times while the Entrance Permit is in force. 4.2 The Owner shall notify the Director of Public Works and Operations and/or CBO at least forty-eight (48) hours prior to commencement of any activities pursuant to Section 3.5 of this by-law, authorized by a valid Entrance Permit. 4.3 The Owner shall ensure that the construction of the Entrance is in accordance with the requirements of all applicable regulatory agencies having jurisdiction. 4.4 No person shall construct, install, widen or modify an entrance without approval of the Municipality. 4.5 The Owner shall be bound by the terms and conditions contained in the Entrance Permit and, where applicable, the Entrance Agreement. Section 5 — Multiple Entrances - Mutual Entrances 5.1 Every lot shall be limited to the following number of entrances, namely: i. up to the first 15 metres of lot frontage, not more than one (1) entrance; ii. greater than 15 metres of lot frontage but not more than 30 metres of lot frontage, not more than two (2) entrances with a combined width not exceeding thirty percent (30%) of the lot frontage; iii. for each additional 30 metres of lot frontage, not more than one (1) additional entrance. 5.2 Mutual Entrances shall be discouraged due to potential ownership problems and may only be considered at the sole and absolute unfettered discretion of the Director of Public Works and Operations if individual Entrances are not possible due to physical constraints. Section 6 — Inspection and Maintenance 6.1 Upon approval and final inspection by the Director of Public Works and Operations of a culvert installation, within the municipal road allowance, as a component of an Entrance Permit issued pursuant to the provisions of this by-law, the culvert shall become the property of the Municipality and all subsequent maintenance and repairs of the culvert shall be the responsibility of the Municipality, at the discretion of the Municipality. 6.2 Every Entrance located on a Highway, within the municipally owned public right of way, shall be maintained in good condition by the Adjacent Property Owner in accordance with Ontario Provincial Standards Drawings at his own expense. i. Condition and compliance is determined at the discretion of the Director of Public Works and Operations. 6.3 The Municipality shall maintain only that portion of the Entrance from the traveled portion of the Highway to the outer edge of the Curb Line. 6.4 The Director of Public Works and Operations may conduct a field inspection of the Entrance at any time during the application for the Entrance Permit or at any time the Entrance Permit is in force and effect. 6.5 The Director of Public Works and Operations may require that modifications or alterations be performed if the installation of the Entrance does not conform to the approved plans and specifications. 6.6 In the event of a contravention of any provision of this by-law, in addition to any fine ordered by a court of competent jurisdiction, the Director of Public Works and Operations may provide notice to the Owner requiring, among other things,: i. Refuse and Debris be removed from a Highway; ii. a Highway to be Cleaned at the Owner's expense if the fouling is deemed by the Director of Public Works and Operations to be an immediate danger to the health and safety of any Person; iii. the immediate cessation of any Land Disturbance causing fouling of a Highway; or iv. the immediate cessation of any operation causing dust to blow onto a Highway from the Land Disturbance site. 6.7 In the event that modifications, alterations, Cleaning, removal or cessation are required, the Director of Public Works and Operations shall provide written notice of the required modifications, alterations, Cleaning, removal or cessation to the Owner pursuant to Section 3.19 of this by-law. 6.8 The Owner shall carry out the required modifications, alterations, Cleaning, removal or cessation pursuant to Section 6.7 of this by-law within the time period specified within the written notice and is responsible for the expense of any modifications, alterations, Cleaning, removal or cessation required. 6.9 Where the notice in Section 6.7 of this by-law is not complied with within the time period specified within the written notice, the Director of Public Works and Operations shall, on behalf of the Owner, modify, alter, Clean or remove the contravention at the sole cost of the Owner with such Expense to be recovered in full in the manner provided in Section 7 of this by-law. 6.10 The Municipality shall maintain and replace from time to time as required, in its discretion, all culverts installed meeting the requirements of this By- law. The maintenance and/or repair of the driving surface is the responsibility of the owner. Section 7 - Recovery of Expenses 7.1 All expenses associated with an Entrance Permit are the responsibility of the Owner. The expenses shall include, but are not limited to, applicable Entrance Permit application fees, Entrance Agreement fees, construction materials and labour, utilities, traffic control devices, layout, surveying, engineering, legal costs and modification, alteration, Cleaning of Entrances or removal of Refuse and Debris. 7.2 All expenses incurred by the Municipality as a result of contravention of the General Provisions of this By-law are the responsibility of the Owner and/or offending party. The expenses shall include, but are not limited to, applicable Entrance Permit application fees, Entrance Agreement fees, construction materials and labour, utilities, traffic control devices, layout, surveying, engineering, legal costs and modification, alteration, Cleaning of Entrances or removal of Refuse and Debris. 7.3 All Expenses incurred by the Municipality in connection with the enforcement of this by-law shall be paid within thirty (30) days of their billing date, and in the event of failure to pay the entire amount due within said thirty (30) days, at the discretion of the Municipality, the outstanding balance of the invoice may thereafter be added to the tax roll and collected in a like manner as taxes as of the year in which the Expenses were billed. Section 8 — Existing Entrances, Exceptions and Grandfathering 8.1 This by-law shall apply to all Entrances which existed or were created before this by-law was passed. 8.2 Existing Entrances to each Lot of record at the time of the passage of this by-law shall be permitted. 8.3 This by-law shall not apply so as to prohibit the Municipality, the County, and other provincial, federal and municipal agencies, their agents and employees, and Persons and organizations authorized by them in writing from depositing material upon, or excavating, any Highway within the Municipality, in the course of their normal operations, providing that all appropriate safety precautions are employed. 8.4 Section 3.5 i) and Section 3.11 i) of this by-law shall not apply to: i. Activities covered under a valid building permit; ii. any minor alterations or repairs to a structure that do not include an excavation or a wet process such as masonry, concrete or plaster; iii. attached or detached garages and carports which does not include an exaction or a wet process such as masonry, concrete or plaster; iv. accessory structures and additions to a house where such accessory building or addition does not include an exaction or a wet process such as masonry, concrete or plaster; v. accessory structures and additions less that thirty square metres in building area; vi. porches, sundecks and steps for houses; vii. any advertising pole sign or fascia sign. viii. Normal Farming Practices. 8.5 This by-law shall not apply to any development which is subject to a Subdivision Agreement within the Municipality until such time as all curbs, gutters and sidewalks required by the Subdivision Agreement are constructed. 8.6 At the discretion of the Director of Public Works and Operations, Section 3 of this by-law shall not apply to any Land Disturbance that is: i. subject to Site Alteration Agreement with the Municipality; or ii. authorized under a valid, current Aggregate Extraction Licence issued by, and in compliance with the Ministry of Natural Resources. Section 9 - Infractions and Penalties 9.1 Every Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to pay a fine or penalty for each offence, exclusive of costs, as provided for in the Provincial Offences Act. Section 10 - Prohibition Order 10.1 When a Person has been convicted of an offence under this by-law, the Superior Court of Justice, or any other court of competent jurisdiction, may, in addition to any other penalty imposed on the Person convicted, issue an order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the Person convicted directed toward the continuation or repetition of the offence. Section 11 - Administration 11.1 Unless otherwise indicated, the administration of this by-law is assigned by Council to the Director of Public Works and Operations and the CBO who may delegate the performance of his functions under this By-law from time to time as occasion requires. 11.2 In this by-law, unless the contrary intention is indicated, words used in the singular shall include the plural and words used in the male gender shall include the female gender or vice versa, where applicable. 11.3 If there is a conflict between a provision in this by-law and a provision of any other Municipal By-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public shall apply. Section 12 - Enforcement 12.1 An Officer and/or CBO shall be responsible for the enforcement of this by- law. 12.2 No Person shall hinder or obstruct or attempt to hinder or obstruct, any Officer or the Director of Public Works and Operations while exercising any power or performing any duty under this by-law. Section 13 - Severability 13.1 In the event any section or provision of this by-law is held invalid, the remainder of the by-law shall continue in force and effect. 13.2 This by-law shall come into full force and effect on the date of its passing by Council. 13.3 By-law 2009-046 and 2009-088 shall be repealed in their entirety. READ a FIRST, SECOND and THIRD TIME and finally passed this XXt" day of XXXXXXXXX, 2016. Schedule `A' COMPREHENSIVE ROAD CARE, USE AND ENTRANCE BY-LAW BY-LAW 2016-XXX ITEM FEE Entrance Permit Fee $160.00 Entrance Agreement Fee $500.00 REPORT CAO ortunity Is o TO: Mayor & Members of Council FROM: Paul Shipway, CAO DATE: October 20, 2016 REPORT: CAO-64/16 SUBJECT: EDISON MUSEUM INFORMATION OVERVIEW At the regular meeting of Council on October 6, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT presentation by Susan Chilcott on behalf of the Friends of Edison re Edison Museum of Vienna be received for information; AND THAT staff be directed to bring back a report to the October 20, 2016 meeting outlining Edison Museum financials including reserve / source, financials/ budget, capital costs, do not occupy order and zoning. Additionally, the Delegation of the Friends of Edison contained the following requests of Council: 1) Allowing us time to process and set up as a charitable stand-alone Committee. 2) Consider an operating budget for 2017 to maintain the Museum (at least equal to 2016) while we seek charitable status. 3) Confirm the status of the current building. If the building has to be returned to the estate notify us and arrange said return so as to give us sufficient time to locate adequate storage. Can we still use it as storage? Will the owner's allow us to still run it? 4) Staff assistance to achieve charitable status & assist with issuance of receipts for income tax purposes until charitable status is accomplished. 5) Continued annual support funding for EdisionFest and free use of municipal facilities & properties including the Vienna Park& Community Centre's for EdisonFest & fundraising activities; 6) Provide a general report of the problems with the building. Any information is greatly appreciated. RESERVE BACKGROUND The Edison Museum Reserve Fund was created by Village of Vienna By-law 1997-003 on April 10, 1997. On April 10, 1997 the Council of the Village of Vienna passed the following resolutions: 1) THAT the Council of the Village of Vienna transfer $7,787.30 to the Edison Museum Reserve Fund 2) THAT the Council of the Village of Vienna transfer the Edison Museum Reserve, in the amount of$ 22,000.00 to the Edison Museum Reserve Fund On October 19, 2000 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the Council of the Municipality of Bayham supports the request submitted by the Edison Museum Board regarding monies owed to the Museum by the General Fund; AND THAT Council hereby directs the Treasurer to transfer the $1,500 from the General Fund to the Edison Museum of Vienna Reserve Fund Account; AND FURTHER THAT the Edison Museum of Vienna Reserve Funds allocated in the 2000 Budget to the construction of the porch project be retained in the Reserve Fund Account for future Edison Museum use. On August 16, 2001 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the Purchase Agreement between the Municipality of Bayham and Elizabeth Muhlbock be approved; THAT Staff be directed to carry out requirements necessary to meet the terms of the said Agreement; THAT Council authorizes the financing of the purchase by transfer from the Edison Museum of Vienna Reserve Fund and the proceeds from the sale of the vacant museum lot; AND THAT By-law 2001-72, being a by-law to authorize the execution of documents in regard to the purchase of real property (in the amount of$32,000) in the former Village of Vienna, Municipality of Bayham, be presented to Council for enactment'. ' The Municipality of Bayham converted to a new financial software in 2005. At that time the Municipality opted to not transfer over existing historical accounts, a common practice when updating a legacy financial systems. As such for specific pre-2005 account transactions the Municipality must rely on Financial Statements, Minutes and By-laws. Based on the fact that the supporting land transactions and surveys for the road allowance and the abutting property were not completed and the amount of the Edison Museum Reserve at 1998 and opening audited figures of 2006, staff are of the position that the above noted Edison Lot purchase was not financed from the Edison Museum Reserve Fund and was funded from the Municipal Levy. On August 7, 2003 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the draft minutes of the Celebrate Vienna Committee meeting held July 23, 2003 be received for information; AND THAT the Council of the Municipality of Bayham directs that all unexpended funds from the Celebrate Vienna Committee budget be allotted to the building fund for a new Edison Museum of Vienna facility; AND THAT the ongoing proceeds from the sale of the Vienna Historical Highlights and the Vienna T-shirts also be directed toward the building fund. On October 16, 2003 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2003-096 to establish an Edison Museum Reserve Fund. On October 28, 2003 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the draft minutes of the Edison Museum of Vienna Board meeting held October 28 be received; AND THAT Council directs that unexpended 2003 budget funds be transferred to the Edison Museum Reserve Fund at year end. On July 7, 2005 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the minutes of the Edison Museum of Vienna Board held April 18, May 16 and June 20, 2005 be received; AND THAT Council defers the transfer of excess 2004 budgeted expenditure funds of$902 to the Edison Museum Reserve Fund. On July 21, 2005 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council supports the transfer of excess 2004 budgeted expenditure funds of $902 to the Edison Museum Reserve Fund. On April 12, 2006 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the draft minutes of the Edison Museum Board meeting held March 13th be received; AND THAT Council does not support the transfer of operating budget surplus, as determined by the auditors, to the Edison Museum reserve fund, but supports the "in kind" removal of wood from the proposed building lot. On April 20, 2006 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council supports the transfer of Edison Museum 2005 operating budget surplus, in the amount of$1,250.00 to the Edison Museum reserve fund. 2006 to present account transactions are clearly defined within the General Ledger of the Municipality. As the Edison Museum is a Municipal Facility the analysis of the Edison Museum Reserve Fund does not take into account expenses historically within community assistance, public works staff time or general government staff and supplies expenses, which were never allocated against fundraising proceeds of the Edison Museum Reserve Fund. The Treasurer provides a visual representation of the Edison Museum Reserve as follows: Year Opening Balance Reserve Creation Budget Operating Budget Capital Fundraising Investment Income Purchases Closing Balance 1997 $29,787.30 $ 29,787.30 1998 $ 29,787.30 $ 29,787.30 1999 $ 29,787.30 $ 29,787.30 2000 $ 29,787.30 $ 1,500.00 $ 31,287.30 2001 $ 31,287.30 $ $ 31,287.30 2002 $ 31,287.30 $ 1,000.00 $ 32,287.30 2003 $ 32,287.30 $ 1,000.00 $ 33,287.30 2004 $ 33,287.30 $ 1,000.00 $ 34,287.30 2005 $ 34,287.30 $ 2,152.00 $ 1,000.00 $ 3,092.30 $ 40,531.60 2006 $ 40,531.60 $ 3,433.27 $ 818.19 $ (841.00) $ 43,942.06 2007 $ 43,942.06 $1,000 $ 2,679.00 $ 891.21 $ 48,512.27 2008 $ 48,512.27 $ 2,763.00 $ 2,000.00 $ 2,355.32 $ 1,052.38 $ (15,583.00) $ 41,099.97 2009 $ 41,099.97 $ 4,300.00 $ 45,399.97 2010 $ 45,399.97 $ 2,600.00 $ 326.96 $ 1,772.70 $ 50,099.63 2011 $ 50,099.63 $ - $ 3,872.08 $ 1,753.49 $ 55,725.20 2012 $ 55,725.20 $ 1,500.00 $ 2,000.00 $ 1,376.59 $ 1,788.78 $ 62,390.57 2013 $ 62,390.57 $ 1,500.00 $ 2,000.00 $ 5,507.88 $ 1,902.91 $ (3,239.04) $ 70,062.32 2014 $ 70,062.32 $ 2,000.00 $ 4,930.30 $ 1,951.44 $ 78,944.06 2015 $ 78,944.06 $ 3,000.00 $ 4,129.72 $ 2,019.01 $ (2,035.20) $ 86,057.59 Totals $ 29,787.30 $ 14,515.00 $ 16,300.00 $ 33,203.42 $ 13,950.11 $ (21,698.24) HISTORICAL BUDGETS The Municipality did not historically account for the Marine Museum and the Edison Museum in separate expense accounts. As a result the historical accounts attached hereto as Appendix `A' are derived from reviewing the historical accounts line by line and allocating expenses to each facility. Attendance statistics are as follows: Edison Museum Attendance 2015 219 (6215 Plank Rd. July& August) 2014 511 2013 524 2012 511 2011 455 2010 436 ORDER TO COMPLY Following a Facility Audit inspection on November 19, 2014 and correspondence from the Municipal Engineer the Chief Building Official of the Municipality of Bayham issued an `Order to Comply' to the Municipality of Bayham for the property located at 14 Snow St (Edison Museum). The Order issued under the Building Code Act, 1992 is as follows: 1) Section 15.9(4) Remedy unsafe condition at 14 Snow St. 2) Section 15.9(6)(a) Do not occupy building. Recent inspections of the building revealed the existing foundation of the building is not structurally sound. Due to the building foundation not being structurally sound, the building is therefore in an unsafe condition. Occupancy of the building is hereby prohibited. The "Do Not Occupy Order"will be lifted from the building when a letter from an Engineer is submitted to the Chief Building Official verifying the foundation is structurally sound. In order for this to happen, remedial work to the foundation will be necessary under the direction of a Professional Engineer and the work is subject to obtaining the required Building Permit for the structural repairs. 2014 costs for structural remediation was valued at $90,000. An additional $23,650 of capital costs was also identified. SURPLUS ACTIONS - BACKGROUND At the Special Meeting of Council on May 11, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT staff be directed to bring forward a resolution to declare the Edison Museum and the abutting vacant property surplus to the needs of the Municipality for Council consideration at the May 21, 2015 meeting of Council. At the Regular Meeting of Council on May 21, 2015 the Council of the Corporation of the Municipality of Bayham also passed the following resolution: THAT Report CAO-27/15 re Municipal Property Surplus— Edison Museum be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham declare 14 Snow Street, being Plan 54 Lot 8-9, Vacant Lot, being Plan 54 Lot 7 and the unopened road allowance between Lot 7 and 8 surplus to the needs of the Municipality for the purpose of sale via a realtor; AND THAT the Municipality provide until June 26, 2015 at 4:30 PM for written public comment on the same. AND THAT staff be directed to circulate the RFP utilizing the Zoning By-law exception and report back to Council. On January 5, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Council direct staff to coordinate a meeting with the Museums Bayham Committee and sub-committees regarding Edison Museum (held January 28, 2016). On January 28, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT the discussion topic of the Edison Museum be referred to Museums Bayham for consideration specifically considering the provision of temporary and static displays and the response be provided to Council in the form of an Advisory Board Committee resolution. On April 21, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolutions: 1) Museums Bayham Advisory Board & Committee Resolution re Unstaffed Static Display THAT the Council of the Municipality of Bayham supports the proposal from Randy Breyer for an unstaffed static display in the Bayham Family Table Restaurant for the 2016 season. AND THAT the Curator to be hired develop the static display to be placed at the Bayham Family Table Restaurant. 2) Museums Bayham Advisory Board & Committee Resolution re future of the preservation of the Edison Story THAT the Council of the Municipality of Bayham supports that the current building lot and the current funds that were raised by the building committee be kept in their current state until a final decision is made regarding the Edison Museum. On July 21, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolutions: 1) THAT the Municipality transfer the Edison Museum properties back to the original owner pursuant to donation documents; AND THAT Edison Museum be placed as discussion topic under Unfinished Business at the August 18, 2016 meeting of Council. 2) THAT Report CAO-51/16 re Museums Bayham — Edison Museum be received for information; AND THAT the Curator contract be altered to one day per week until the end of the calendar year. The above, July 21, 2016, resolutions of Council were passed following the presentation of Report CAO 51/16 which contained the following information: On June 16, 2015 staff were provided with documentation of a donation agreement for the Edison Museum lands from a Museums Bayham member. Staff provided said documents to legal for assessment as follows: The basis for the transfer from Douglas Howard to the Village of Vienna was a conditional gift. The Edison Museum property has conditions that are ongoing, perpetual conditions that were set out in reasonably specific ways. When a Court investigates whether or not the conditions of a gift are being satisfied, it looks to the wishes of the Donor to determine the overall spirit of the gift as well as any specific rules that may have been reduced to writing. In the case of the Edison Museum, the conditions of the gift of land were all reduced to writing and essentially amount to the following: a. The Village of Vienna will create an Edison Museum b. The Village of Vienna will operate an Edison Museum c. The Howards will donate parts 8 and 9 of plan 54 (the Property) d. The gift is binding on successors, assigns, heirs, etc. of the Donor and Donee e. The language included for the length of the conditions is "for all time" As a result, during 2015 and 2016, the Municipal solicitor engaged with the executor of the estate of Mr. Howard, to determine if the Municipality could be released from the conditions of the gift and/or modify the conditions or failing all else transfer the land and structure back to the Howard estate. After significant discussions by the municipal solicitor with the heir to the Howard estate it was determined that the heir requested the property be transferred back to the ownership of the Howard estate. On August 18, 2016 Council provided staff direction to defer `Discussion re Edison Museum' to the September 1, 2016 Council meeting. On September 1, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT discussion of Edison Museum be deferred until the October 6, 2016 meeting. OFFICIAL PLAN & ZONING DESIGNATIONS Official Plan: Institutional Zoning BL: Institutional (1) RECOMMENDATION 1. THAT Report CAO-64/16 re Edison Museum Information be received for information. Respectfully Submitted by: Paul Shipway CAO APPENDIVA' Municipality of Bayham Museums- Edison 2011 2012 2013 2014 2015 2016 2016 Actuals Actuals Actuals Actuals Actuals Actuals Budget Revenues Grants&Subsidies 7,529.83 6,813.14 7,471.62 6,269.76 2,407.67 1,822.87 0 Admissions 899.11 901.00 810.75 691.64 0 Children's Programs 140.00 52.00 100.00 0 Sundry 177.40 130.00 93.25 - Contribution from Reserves - - - - 8,746.34 7,896.14 8,382.37 7,054.65 2,407.67 1,822.87 - Expenditures Salaries&Wages 16,383.64 12,238.10 11,287.54 12,299.06 7,185.29 2,276.82 0 Statutory Benefits 1,427.84 1,054.68 972.81 1,066.73 623.52 174.71 0 Office Supplies 11.61 59.01 22.16 0 Children's Programs 64.11 18.89 0 Building Renovations Utilities 2,746.77 2,812.67 2,641.17 2,373.89 2,244.12 4,599 Advertising 311.39 311.39 311.39 402.57 764.79 0 Marketing 0 Memberships 95.91 150.00 590.58 125.88 125.88 125.88 0 Building Maintenance 3,847.90 729.80 492.55 675.59 0 Equipment Maintenance 502.14 353.51 719.85 370.81 0 Grounds Maintenance 1,266.45 1,648.50 1,648.50 1,648.50 2,008.86 1,288 Insurance 1,566 Telephone 989.28 885.61 529.63 503.34 503.34 503 Conferences& Seminars 0 Travel 0 Sundry 0 Special Project(Curator) 0 Rental - Edison 2,000.00 0 Special Events - - - - 27,647.04 20,262.16 19,216.18 18,790.78 16,131.39 2,577.41 7,955.84 -18,900.70 -12,366.02 -10,833.81 -11,736.13 -13,723.72 - 754.54 - 7,955.84 FUND RAISING Revenue: Fundraising 4,236.35 2,199.89 10,179.69 5,987.43 5,867.43 5600 Donations 2,059.89 903.43 822.40 2,922.90 5,939.55 1,500 6,296.24 3,103.32 11,002.09 8,910.33 11,806.98 7,100 Expenditures: Fundraising expense 2,424.16 226.73 3,994.21 3,980.03 4,677.26 4600 Transfer to Reserves 3,872.08 2,876.59 7,007.88 4,930.30 7,129.72 2,500 6,296.24 3,103.32 11,002.09 8,910.33 11,806.98 7,100 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2016-087 BEING A BY-LAW TO STOP UP, CLOSE AND CONVEY PART OF THE UNOPENED ROAD ALLOWANCE EAST OF SNOW ST WEST OF OAK ST BETWEEN LOT 7 AND 8 PLAN 54 IN THE MUNICIPALITY OF BAYHAM, IN THE COUNTY OF ELGIN, DESIGNATED AS PARTS 3 AND 4 ON REGISTERED PLAN 11 R- 7609 WHEREAS Section 11 of the Municipal Act, 2001, S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting Highways, including parking and traffic on highways; AND WHEREAS Section 8 of the said Municipal Act provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS Registered Plan 11 R-7609 Parts 3 and 4 were declared surplus to the Municipality's needs on May 21, 2015; THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT upon and after the passing of this By-law that portion of the unopened road allowance between East of Snow Street West of Oak St between Lot 7 and 8 Plan 54, Registered Plan 11 R-7609 Parts 3 and 4 of the Municipality of Bayham, in the County of Elgin is hereby stopped up and closed for the purpose of conveyance to Matthew Chapman, Roll No. 3401-004-001- 15400-0000; 2. THAT this by-law shall take effect upon the date of its registration in the Land Titles Division for the County of Elgin (No. 11); 3. THAT the Clerk or designate is hereby authorized to amend the parcel designation noted in this By-law, if necessary, upon registration of this By-law. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED this 20t" day of October 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 - 088 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN STADEY'S AUTO SALES LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, 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 2005-061 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, 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 WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Stadey's Auto Sales Ltd. NOW THEREFORE THE COUNCIL 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 the Site Plan Agreement between The Corporation of the Municipality of Bayham and Stadey's Auto Sales Ltd. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 20th day of October 2016. READ A THIRD TIME AND FINALLY PASSED this 20th day of October 2016. MAYOR CLERK SCHEDULE `A' TO BY-LAW NO. 2016-088 SITE PLAN CONTROL AGREEMENT STADEY'S AUTO SALES LTD. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Part Lot 126, Concession NTR, Part Lot 21 Plan 205, Bayham This Agreement made in duplicate this 20th day of October 2016. BETWEEN: STADEY'S AUTO SALES LTD. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being part of Lot 126, Concession NTR Part Lot 21 Plan 205 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and further agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Site Servicing Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (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 consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (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. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. Q) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (1) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Long Point Region Conservation Authority and the Ministry of the Environment. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. 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 structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of ZERO Dollars and Cents ($ ). 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before October 20, 2017, 2016. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of NIL Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site- specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant 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 his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at Bayham, Ontario this 201h day of October 2016. Signed, Sealed, and Delivered ) In the presence of ) Dwayne Stadey, Owner I have authority to bind the Company CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk We have authority to bind the Corporation S/TE PLAN PREPARED FOR BUILDING PERMIT AND LOT GRADING PART 5 11R - 3898 FOR: DWAYNE STADY PART OF LOT 126 CONCESSION NORTH OF TALBOT ROAD AND PART OF LOT 21 EAST OF PLANK ROAD s REGISTERED PLAN 205 �p (WUAGE OF SIRAFFORDWU.E) s GEOGRAPHIC TOWNSHIP OF BAYHAM d0 MUNICIPALITY OF BAYHAM a y COUNTY OF ELGIN up.� o � �o�, c o (PART 2, PLAN 11R-7227) Pao _ s a ��p�° SCALE 1:300DISTANCES SHOWN ON o s o s u6 R6s 20 METRIC BE CONVERTED TO FEET THIS DIVIDING BYNOM�ES AND CAN `� a CAUTION yo S L� 90 - THIS IS NOT A PLAN OF SURVEY SURVEYOR'S REPORT AND SHALL NOT BE USED FOR TRANSACTION OR FINANCING PURPOSES � i DO NOT CONVEY FROM THIS PLAN rv�+ I THE PROPOSED BUILDING AND IYS LOCATION SHOWN HEREON MAY BE \ U SUBJECT TO CHANGES PRIOR TO CONSTRUCTION. THIS SKETCH SHOULD �. Sry r &' Tf� NOT BE RELIED UPON AS CERTIFICATION THAT THE DWELLING WAS ACTUALLY �. ^ Q CONSTRUCTED AS SHOWN. a. +^ LLB -ELEVATION OF EXISTING GROUND WATER TABLE AND SOIL CONDITIONS ua < $ ro '� ry I I ^ NOT DETERMINED �1 N 59'15 10'W " C/L aRAMACE swA O +.Sx ACPE -F CNu,¢p, -E-t.5x_ ).6 Iu7_66 58 J7 NOTES 327.W h1 11227.3t 227.A3 227.Sa+,( 227,68-L DRAMACE^SWAIE o (7)_PROPERTY DIMENSIONS ARE AS SHOWN ON DEPOSITED PLAN 11R-7227 rv+ l i I SA9 I M1+ S.A9 (2)-PROPOSED BUILDING POSITIONED BY CALCULATIONS.NOT BY 'o yry ACNAL SURVEY \ 227.63 +azss e'+a\n+r (3)-PROPOSED FINAL GRADES ARE SHOWN 227.75 AND ARE IN METERS ate'II E ) FOUNDATION (4 Z -T.F.W. DENOTES TOP OF WALL v I n 1f CLEV T.F.W..22a.]sm C iF �Iw�I o 8�n n �11 z 227 ^ ^"S I N Fri.F.r_-2za.osm m Q (5)-U.SF. DENOTES UNDERSIDE OF FOOTING '�' lipI rt _h L J $ Z .,3HLo I f I O +W ml +a (6)-SITE BENCHMARK SPIKE SET INUTILITY POLE \ if I I \ WEST OF THE SUBJECT PROPERTY HAVING A GEODETIC 47 u� N � o a �$m " \ ELEVATION OF 228.35 matar5 y/Q r+ .�. 22779+z:Y]e —, a� za2 sAee (7)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO VERIFY THE ELEVATION 7.5a_ - . I — OF THE UPPER LIMIT OF THE GROUND WATER TABLE,SOIL BEARING i J.no � ry ry f a�+227.6] _ 1 ry ry CAPACITY AND THE ELEVATION OF THE UNDER SIDE OF FOOTING +227.7t 8 /$MOWpppy I g ^ "' n PRIOR TO EXCAVATION. a - ""rvn --y,2277t 727'- -4 Z? I n d N� y ^ y (8)-IT IS THE RESPONSIBILITY OF THE CONTRACTOR TO 2> " e N+ 227.691 m +�^ \I , ry VERIFY THE SITE BENCH MARK PRIOR TO EXCAVATION 8.2 "^ * $ ry(9)-EXISTING GROUND ELEVATIONS MEASURED SEPTEMBER 14,2016 ARE SHOWN a 1227.75+ ].e+ +ry A { "+ AND ARE IN METERS \1 + 7 C/t M A4E SwltE 4Ea +'ry aoARoo"Nw N 69.2.86 + r n oc 3 + I_�J r 20 © COPYRIGHT 2016 KIM HUSTED SURVEYING LTD. W 7 N 65'52'41"W Ll h -rn Y THE REPRODUCTION,ALTERATION,OR USE OF THIS REPORT IN WHOLE OR IN Jr r f j l r1�r 1 PART WITHOUT THE WRITTEN PERMISSION OF KIM HOSTED SURVEYING 7 t� r r NDFU y r If LTD. IS STRICTLY PROHIBITED THIS 15 NOT KIM HUSTED SURVEYING LTD. >, AN ORIQINAL COPY r O ii) 0 EMBOSSED UNLESS�nN ONTARIO LAND SURVEYOR L7 —1 SEAL' p PHONE.,bt9 STREET. 0919842N 3639� L DISK No. SEPTEMBER 26, 2016 PROJECT: 16-12504 REFERENCE: FILE Al BEN HMAR i 1 NE RNER tis ��If•J I �� I� �� CON PORCH ���� ^, 1V f\ ELE� =227.954 �_ t --300mmo STM 6 L'CBMt}? — ——— —® f 100.Om — 30 m� STM �1-0A°b _ c % _ 3.75m ASPH. e / = E f 8.50m BACK TO BACK CURB AND G _ J.a 27'� 2i.Aa / — 27-• 21 2J n 2J _ '73 }-2J2€ 2'�P 3+75m ASPH. 120.Om — 250mmO SSAN ® 0.27% DESIGN RESTORA N 0 7.50m ASPHALT MH 19 v �s F} T _ItT— ———— ——T—— 'CBv 4O <{T ~..<i+� £ T -- -__— T ��i T ,�,_ ;ai.� - T �— f-B 13? CB BENCHMARK I I I 1~ �> T/WEST BOLT GAS AND VARIETY SI y i �I'N 2 a_ ELEV.=227.438 U) 1 I 2y I + j t iZ + - -- N / I i N 1 f O FDfd 22 .73 �' N.- I N p SS II 0 I // ACK CURB AND GUTTEF� s No. 42 II y,) >+ + z + 9540 I;' a - } I MARK'S GAS AND I � f LITTLE'LOG CABIN ' Ij CAFE I 37-02 }' i 1 �' . 004-186 j . P f V, f` ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at Ontario this day of 20_. Witness Signature Dwayne Stadey, Owner Address of Owner (Mailing) Telephone Number THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-089 A BY-LAW TO AUTHORIZE THE SALE OF LANDS OWNED BY THE MUNICIPALITY OF BAYHAM WHEREAS Section 8 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, provides that a municipality has the capacity, rights, powers, and privileges of a natural person for the purpose of exercising its authority under this or any other Act. AND WHEREAS Section 268(1) of the said Municipal Act provides in part that every municipality with authority to sell land shall pass a by-law establishing procedures governing the sale of land. AND WHEREAS the Municipality of Bayham passed By-law No. 2015-021 to establish a procedure governing the sale of municipal owned land. AND WHEREAS the Council of the Municipality of Bayham is desirous of selling property owned by the Municipality and has completed procedures pursuant to By-law No. 2015-021 for the sale of the subject lands. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to execute all documents as may be necessary to provide for the sale of real property described as Part 1, Plan 11 R-9920 and Part 2 on the yet to be identified Plan, Municipality of Bayham, County of Elgin, known as 56967 Eden Line, Eden ON to Peter Guenther for consideration of One Hundred Fifty Thousand dollars ($150,000.00); 2. THAT the Council of the Municipality of Bayham authorizes the Mayor and Clerk to execute all ancillary agreements pursuant to the agreement of purchase and sale; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20t" DAY OF OCTOBER 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016 — 090 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND BELL MOBILITY INC. WHEREAS there is a growing demand for high-speed, high-bandwidth wireless connectivity which requires greater broadband capacity; WHEREAS Bell Mobility desires to improve local cellular services by making efforts to secure its equipment on locations throughout municipalities; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Bell Mobility Inc. for the use of certain Municipality-owned facilities by Bell Mobility Inc. to attach telecommunications equipment and provide wireless telecommunications services NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Small Cell — Master License Agreement attached hereto as Schedule "A" and forming part of this by- law between The Corporation of the Municipality of Bayham and Bell Mobility Inc; 2. THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20t" DAY OF OCTOBER, 2016. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2016-091 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD OCTOBER 20, 2016 WHEREAS under Section 5 (1) of the Municipal Act, 2001 S.O. 2001, Chapter 25, the powers of a municipal corporation are to be exercised by the Council of the municipality; AND WHEREAS under Section 5 (3) of the Municipal Act, 2001, the powers of Council are to be exercised by by-law; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it advisable that the proceedings of the meeting be confirmed and adopted by by-law. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the actions of the Council of the Corporation of the Municipality of Bayham in respect of each recommendation and each motion and resolution passed and other action by the Council at the regular meeting held October 20, 2016 is hereby adopted and confirmed as if all proceedings were expressly embodied in this by-law. 2. THAT the Mayor and Clerk of the Corporation of the Municipality of Bayham are hereby authorized and directed to do all things necessary to give effect to the action of the Council including executing all documents and affixing the Corporate Seal. READ A FIRST, SECOND AND THIRD TIME and finally passed this 20t"day of October, 2016. MAYOR CLERK