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March 02, 2017 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, March 2, 2017 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Froese 7:30 — Public Meeting — Planning/Zoning — Guenther 7:40 p.m. — Public Meeting — Planning/Zoning — Schroyens 7:50 p.m. — Public Meeting — Planning/Zoning - Schrijver 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. — Cindy DeBlaire on behalf of Straffordville Giants Fastball Team re By-Law 2016-059 (Rates and Fees) 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 16, 2017 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 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 2017 Council Agenda March 2, 2017 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Minor Variance (Froese) B. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Guenther) C. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Schroyens) D. Notice of Public Meeting re Proposed Zoning By-Law Amendment (Schrijver) E. Notice of Public Open House re Five Year Official Plan Review F. Notice of Public Open House re Municipal Energy Plan and Local Action Plan 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-07/17 by Margaret Underhill, Deputy Clerk'Planning Coordinator re Official Plan Amendment No. 18 and Zoning By-law Z656-2017 (Bonnefield Farmland Ont. III Inc.) 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Notice of Completion re Bayham Drive Bridge Closure Municipal Class Environmental Assessment B. Policy and Pie Farm Ecology Invitation C. Periscope Playhouse 2017 Season, Goals and Pledge Opportunities D. County of Elgin re Accommodation Review Process E. Notice re 2017 Communities in Bloom F. United Townships of Head, Clara & Maria re Building Code Changes 11.1.2 Requiring Action A. Phragmites Presentation Summary B. Port Burwell Bayham Legion Branch 524 re Armistice Parade C. Bayham Beachfest Committee re Bayham Beachfest D. Straffordville Community Committee re Watermelon Fest E. Straffordville Community Committee re Electronic Recycling F. Bayham Historical Society re Edison Fest G. Bayham Historical Society re Report to Council and Edison Draft Plan Submission 2017 Council Agenda March 2, 2017 11.2 Reports to Council A. Report CAO-06/17 by Paul Shipway, CAOICIerk re Canada Day— Canada 150 B. Report CAO-07/17 by Paul Shipway, CAOICIerk re Recycling, Waste Collection and Refuse and Debris By-Law C. Report CAO-08/17 by Paul Shipway, CAOICIerk re RFP17-01 Emergency and Fire Equipment Inspections 12. BY-LAWS A. By-Law 2017-020 Being a By-law to Authorize the Execution of a Contribution Agreement between The Corporation of 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 Top-Up Application Based Component Agreement (This By-law follows the recommendation made in Report CAO- 37/16 by Paul Shipway, CAOICIerk during the regular meeting of Council of May 19, 2016) B. By-Law 2017-021 Being a By-law for the Provision of Recycling and Waste Collection and to Prohibit the Depositing of Refuse or Debris on Lands Within the Municipality of Bayham Without the Consent of the Property Owner or Occupant of the Land (This By-law follows the recommendation made in Report CAO-07/17 by Paul Shipway, CAOIClerk during the regular meeting of Council of March 2, 2017) C. By-Law 2017-022 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Tillsonburg Fire & Safety Equipment (This By-law follows the recommendation made in Report CAO-08/17 by Paul Shipway, CAOICIerk during the regular meeting of Council of March 2, 2017) D. By-Law 2017-023 Being a By-law to authorize the execution of a Development Agreement between Isaac and Maria Froese and the Municipality of Bayham (This By-law follows the recommendation made in Report DS-06/17 by Margaret Underhill, SecretaryI Treasurer Committee of Adjustment during the Committee of Adjustment meeting of March 2, 2017) E. By-Law 2017-024 Being a By-law to adopt Amendment No. 18 to the Official Plan of the Municipality of Bayham (Bonnefield Farmland Ont. III Inc.) F. By-Law Z656-2017 Being a By-law to further amend By-Law Z456-2003 (Bonnefield Farmland Ont. III Inc.) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 2017 Council Agenda March 2, 2017 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-025 Being a By-law to confirm all actions of Council 16. ADJOURNMENT I would like to request the opportunity to address the concerns on behalf of the Giants Fastball team with the new by law 2016-059. These charges are going to cause the team considerable financial hardship for the upcoming season. We are a group of young men from the Bayham area representing our Community. We understand that your cost have increased but think this by-law is to much. Thank you Cindy DeBlaire Straffordville Giants Fastball Team THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2016-059 BEING A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO ESTABLISH AND REQUIRE THE PAYMENT OF FEES FOR INFORMATION, SERVICES, ACTIVITIES AND USE OF MUNICIPAL PROPERTY AND TO REPEAL BY-LAW NUMBER 2014-125 AND ANY AND ALL AMENDMENTS WHEREAS Section 391 of the Municipal Act, 2001,S.O. 2001, as amended, (the Act) provides for a municipality to pass by-laws imposing fees or charges on any persons for services or activities provided or done by or on behalf of it, for costs payable by it for services or activities provided or done by or on behalf of any other municipality or local board, and for the use of its property including property under its control; AND WHEREAS Section 69 of the Planning Act R.S.O. 1990, c. P. 13 as amended provides that a municipality may establish a tariff of fees for the processing of applications made in respect of planning matters; AND WHEREAS Section 7 of the Building Code Act, 1992, S.O. 1992, as amended authorizes a municipal Council to pass by-laws concerning the issuance of permits and related matters; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS A BY-LAW AS FOLLOWS: Section 1 —General Provisions MUNICIPAL FACILITIES—COMMUNITY CENTRE 1.1 All persons using a municipal facility must provide two (2)weeks prior to event a certificate of insurance in the minimum amount of$2,000,000.00 naming the Municipality of Bayham as additional insured 1.2 Deposit for hall rental is due at time of booking/signing. Balance of rental fee is due a minimum of two (2) weeks prior to date of function 1.3 Failure to cancel in writing two (2) weeks prior to the booking will result in full charges being applied. 1.4 A Damage Deposit is charged for Main Hall or all day use Friday and Saturday which is refundable less applicable damages, if any. 1.5 Damage Deposit based on 50% of rental fee is charged for partial hall use on any day of the week which is refundable less applicable damages, if any. 1.6 "Community Partners" shall mean not-for-profit community organizations, or community organizations with a formal structure and mandate that provide funds or services on a volunteer basis for the good of the community. 1.6.1 Community Partners shall receive a $50 reduction on any Community Centre base rate each use. 1.6.2 Qualification as a 'Community Partner' shall be at the discretion of the Municipality. 1.6.3 At the time of passing of this By-law Community Partner shall include, but not be limited to: i. Bayham Historical Society vi. Straffordville Community Committee ii. Eastern Star vii. SERVE Parent's Association / iii. Otter Valley Naturalists Straffordville Public School iv. Photographers of the Otter Valley viii. Vienna Lioness v. St. Lukes Anglican Church Guild ix. Vienna Lions Club 1.7 Community Centre renters are responsible for all fire alarm response costs 1.8 Facility use may be revoked as a result of damage, or improperly disposed of refuse. Clean up fees shall be the responsibility of the user. BALL DIAMONDS 1.9 Ball Diamonds formally used by an organized league are subject to $10.00 fee per use, refundable $20.00 key deposit and provision of insurance certificate in minimum amount of $2,000,000.00 naming The Municipality of Bayham as an additional insured 1.10 Ball Diamonds formally used by community group or ball team are subject to $10.00 fee per use PARKING LOTS 1.11 Community Centre Parking Lot use is subject to provision of liability insurance certificate in minimum amount of$2,000,000.00 naming The Municipality of Bayham as an additional insured BY-LAW ENFORCEMENT 1.12 Activities performed pertaining to By-Law Enforcement Infractions are invoiced at full cost recovery plus 25%Administration Fee PLANNING SERVICES 1.13 Any legal or consulting fees over and above established rates will be added to all planning fees and charged per lot, where applicable; WATER/WASTEWATER SERVICES 1.14 Any water or sewer connection and frontage charges that exceed the minimum fee will have full cost recovery for Capital Construction applied (This will include road restoration and all other costs incurred to install services) 1.15 Water and Sewer connection and frontage charges will be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 62- 007 1.16 Bulk Water cost is metered rate plus $250.00 Section 2—Administration 2.1 Effective upon final passing of By-law 2016-059 the Schedule of Rates and Fees as set out in Schedule "A" attached hereto and forming part of this by-law is hereby adopted and shall remain in effect until amended or rescinded. 2.2 By-law 2014-125 and any and all amendments thereto enacted by the Municipality of Bayham, setting out any such rates and fees shall be and are hereby repealed. 2.3 This by-law shall come into full force and effect upon final passing. READ A FIRST AND SECOND AND THIRD TIME AND FINALLY PASSED this 18th day of August, 2016 MAYOR SCHEDULE OF RATES AND FEES ADMINISTRATION ITEM Fee Photocopying Per Page - Black&White (8.5x11 & 8.5x15) $0.75 Per Page - Black & White (11x17) $1.00 Per Page - Coloured (8.5x11 & 8.5x14) $2.00 Per Page - Coloured (11x17) $2.50 Fax $1.00 Per Page - GIS Maps & Plans (8.5x11) $7.00 Per Page - GIS Maps & Plans (11x17) $11.00 Copy of Zoning By-law $25.00 Copy of Official Plan $35.00 Culture-Tourism Councils & Historic Highlights - 5% HST $3.00 Vienna Historical Highlights (from 1853-2003) - 5% HST $10.00 Bayham Memories & Milestones - 5% HST $12.00 The Edisons of Vienna - 5% HST $5.00 That's The Way It Was - 5% HST $3.00 Municipal Key Fobs $2.00 Discover Bayham Mugs $5.00 Lottery Licence 3% of cash value of all prizes Lottery Licence ($10.00 Minimum Fee) Lottery Licence Bingo N/A Freedom of Information Freedom of Information Application (established by Provincial Legislation) $5.00, Freedom of Information Application (established $7.50/15 mins plus by Provincial Legislation) photocopying $0.20/page SCHEDULE OF RATES AND FEES ADMINISTRATION cont'd ITEM FEE Miscellaneous Fees Administrative Search Fee (Routine Disclosure) $50/hr Alcohol and Gaming Commission of Ontario Municipal Information Form $25.00 Preparation and Registration of Agreements $500.00 Ontario Power Authority-Fee-in Tarriff Support Resolution $100.00 Blue Box $10.00 Com poster $15.00 County Map $3.00 Municipal Pins Local Charitable/Not for Propfit Group First 15 pins free, each requests for giveaways or exchanges etc. or additional $1.00 (max 25 pins personal use unless approved) Commissioning of Affidavits and Certification of Documents -Travel Letter $20.00 Meeting Investigator Fee $25.00 Livestock Valuer $150.00 Trailer Park Licence $100.00 Civil Marriage Solemnization Services Civil Marriage Ceremony in Municipality $250.00 Rehearsal Fee $75.00 SCHEDULE OF RATES AND FEES PLANNING SERVICES ITEM FEE Official Plan Amendment Application $1,000 plus $1,000 deposit Zoning By-law Amendment Application $1,000 plus $1,000 deposit Temporary Use Zoning By-law $1,000 plus $1,000 deposit Temporary Use Zoning By-law Renewal $500 plus $1,000 deposit Zoning Amendment to Remove Holding $500.00 plus $1,000 deposit, Minor Variance Application $1,000 plus $1,000 deposit Site Plan Application/Agreement $1,000 plus $1,000 deposit Site Plan Agreement - properties with accumulative commercial/industrial/institutional building area of 150 m2 or less $250.00 plus $250.00 deposit Site Plan Agreement Amendment $250.00 plus $250.00 deposit Development Agreement $1,000 plus $1,000 deposit Plan of Subdivision Application $1,000 plus $1,000 deposit Defense of Ontario Municipal Board Appeals $5,000.00 deposit-full cost to applicant Planning Report $800.00 Land Division Clearance Letter $100.00 Planning Signage - Install and Remove $100.00 SCHEDULE OF RATES AND FEES TREASURY ITEM FEE Tax Certificate $50.00 Zoning Certificate $50.00 Building/Drainage Work Order $50.00 By-law/Fire Services Order $50.00 By-law Exemption Request $50.00 NSF Payment Fee $30.00 Tax Sale Registration Process Full Cost Recovery + $100.00 PUBLIC WORKS ITEM FEE Road Access Permit $160.00 Municipal Consent Application Fee $50.00 Civic Addressing Application Blade, Post, Installation $95.00 Replacement Blade Only $65.00 Replacement Post Only $30.00 Over Dimensional Load Permit Single Use $200.00 Annual $500.00 SCHEDULE OF RATES AND FEES BUILDING DEPARTMENT ITEM FEE Single Family Dwellings minimum fee $1,500.00 $0.50 per sq ft plus $100.00 Garages, carports, etc. over 500 sq ft flat Decks, ramps, wood burning appliances $100.00 flat Accessory building up to 500 sq ft $100.00 flat $10.00 per $1,000.00 const Renovations of accessory buildings & residences value plus $100.00 flat Swimming pools All types $75.00 Agricultural Buildings Kilns, corn cribs, etc $200.00 flat Renovations to Farm Buildings $10.00 per$1,000 const value plus $100.00 flat $100.00 flat plus $0.35 per sq Farm buildings and additions up to 600m2 ft $100.00 flat plus $0.25 per sq Farm buildings and additions over 600m2 ft Commercial, Industrial, Institutional $100.00 flat plus $0.35 per sq New or additions up to 600m2 ft $100.00 flat plus $0.25 per sq New or additions over 600m2 ft Renovations of buildings and accessory buildings $100.00 flat plus $10.00 per $1,000.00 const value Other structures such as silos, grain dryers etc $100.00 flat plus $10.00 per $1,000.00 const value SCHEDULE OF RATES AND FEES BUILDING DEPARTMENT cont'd ITEM FEE Miscellaneous Mobile Homes - as a second dwelling on a farm & $100.00 flat plus $10.00 per trailer park $1,000.00 const value $100.00 flat plus $0.50 per sq Modular Homes ft Temporary Mobile Homes (for supplementary revised due to zoning farm dwellings) amendment Temporary Mobile Homes $100.00 flat used for special circumstances approved by Council up to 3 years duration $100.00 renew fee Temporary Mobile Homes (used on site while residence is under construction) $100.00 flat Existing buildings and houses moved to a new $100.00 flat plus $0.50 per sq Additions to moved-in structures at the time of $0.50 per sq ft move Additions to these moved-in structures at another $100.00 flat plus $0.50 per sq time ft Permit transfer $100.00 flat Temporary special occasion tents $100.00 flat Roof Mounted Solar Panels $200.00 flat Demolition Permits $100.00 flat Municipal Property Damage Deposit $2000.00 flat Exceptions Other inspections $100.00 flat Change of use $100.00 flat SCHEDULE OF RATES AND FEES BUILDING DEPARTMENT cont'd ITEM FEE Septic System Class 1 exempt Class 2 $200.00 Class 3 $200.00 Class 4' $500.00 Class 5 $500.00 Leaching Beds $500.00 Absorption Trench $500.00 Filter Beds $500.00 Repairs $300.00 Lot Assessments $100.00 Plumbing Permits $80.00 plus $10.00 per fixture Drainage Reassessment $250.00 SCHEDULE OF RATES AND FEES WASTEWATER Sewer Surcharge Rates 2015 2016 2017 2018 2019 2020 2021_ 2022 2023 2024 Monthly Charge $46.41 $48.70 $50.96 $53.53 $56.06 $58.89 $62.01 $65.10 $68.47 $72.12 Sewer Connection & Frontage Charges 2014 Frontage/Ft Connection Eden $34.40 $5,059.79 Port Burwell $21.60 $5,142.86 Straffordville $34.40 $5,059.79 Vienna $34.40 $5,059.79 ITEM FEE Sewer Connection Permit $200.00 Sewe Connection Inspection $100.00 Change of Occupancy- New Account Charge $25.00 Add to Tax Roll $50.00 Late Payment Charge 5% Septage Receiving Facility- Disposal Fee $13.50/cubic metre SCHEDULE OF RATES AND FEES WATER Metered Water Rates (Port Burwell -Vienna) 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Base Monthly Charge $11.96 $12.17 $12.42 $12.66 $12.92 $13.18_ $13.44 $13.71 $13.98 $14.26 Volume Charge per m3 $2.99 $3.17 $3.36 $3.56 $3.78 $4.00 $4.24 $4.50 $4.77 $5.06 Unmetered Water Rates (Richmond-Fire Lines) Monthly Charge $79.80 $83.79 $87.98 $92.38 $97.00 $101.85 $106.94 $112.29 $117.90 $123.80 Connection & Frontage Charges 2014 Frontage/ft Connection Port Burwell $7.20 $1,991.75 Richmond N/A $7,724.91 Vienna $7.37 $2,016.87 Water Connection Permit $200.00 Water Connection Inspection $100.00 Water Meter- Residential (including dual checkvalve and inspection) $425.00 Water Meter Register $310.00 Water Meter Register for Pit Application $350.00_ Dual Check Valve $30.00 Water Meter Bottom Plate with Gasket $20.00 Water Meter Non-Residential Full Cost Recovery Dual Check Valve Non-Residential Full Cost Recovery Water Meter Test $300.00 Water Shut off/on $100.00 Change of Occupancy- New Account Charge $25.00 Add to Tax Roll $50.00 Late Payment Charge 5% SCHEDULE OF RATES AND FEES STRAFFORDVILLE COMMUNITY CENTRE FEE HST TOTAL Main Hall Mon -Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 Damage Deposit $320.00 $320.00 Main Hall Meetings Up to 3 hrs + $30.00 each additional hour $130.00 $16.90 $146.90 Trackless Lounge up to 3 hours + $30.00 for each $75.00 $9.75 $84.75 Funerals $75.00 $9.75 $84.75 VIENNA COMMUNITY CENTRE FEE HST TOTAL Entire Facility with Kitchen Mon -Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 Damage Deposit $320.00 $320.00 Basement with Kitchen $140.00 $18.20 $158.20 Basement without Kitchen $90.00 $11.70 $101.70 Upstairs & Bar Area Only $200.00 $26.00' $226.00 Upstairs & Bar Area Only Meetings - up to 3 hours + $30.00 for each additional hour $130.00 $16.90 $146.90 Funerals $75.00 $9.75 $84.75 FEE HST TOTAL Pavillions $40.00 $5.20 $45.20 SCHEDULE OF RATES AND FEES ADDITIONAL COSTS - COMMUNITY CENTRES Item Fee Additional cleaning/other services Cost Recovery Key Fee (refundable after function) $20.00 Failing to vacate by 2:00 a.m. $50.00/hour Deposit (Non Refundable) 50% of rental fee MARINE MUSEUM AND LIGHTHOUSE ENTRANCE FEES Under 12 years Free Adults (13+) $3.00 per person one site Adults (13+) $5.00 per person for both Marine Museum & Lighthouse Family $8.00 per family one site Family $12.00 per family for both Maine Museum & Lighthouse FIRE SERVICES ITEM FEE MVC Response (Non Bayham Resident) Current MTO hourly rate for pumper, resue tanker Other Response (Non Bayham Resident) Current MTO hourly rate for required apparatus Burn Permit $25.00 per calendar year Cost Recovery - Foam $250 per pail used Fire Report- Post Fire $75.00 Fire Inspection - Real Estate $150.00 Fire Safety Plan Review $100.00 Illegal or unauthorized fire (including arson or an unauthorized burn permit) Full Cost Recovery Hazardous Materials Clean-up (as per Environmental Protection Act, RSO 1990) Full Cost Recovery Fire Response Fees (Indemnification Technology Municipal Act. 2001 391 (1) Current MTO hourly rate for required apparatus Municipality of XYHA-41 BAYHAM -49110 -77Nr‘ A: P.O. Box 160, 56169 Heritage Line : 1 ; 1;i traffodilON NOJ 1Y0 , T: 1 O4!'•l F: 519-866-3884 { E: bayham@bayham.on.ca °rtunity 1S-sic)-05 1� W:www.bayham.on.ca FACILITY RENTAL CONTRACT FACILITY: BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND APPLICANT (ORGANIZATION, GROUP OR INDIVIDUAL) (CONTACT NAME) (MAILING ADDRESS) (PHONE NO.) (EMAIL) NATURE OF FUNCTION: DATE OF FUNCTION: HOURS OF FUNCTION: FACILITIES(CIRCLE ALL THAT APPLY): STRAFFORDVILLE COMMUNITY CENTRE FEE HST TOTAL Main Hall Monday-Thursday& Sunday $275.00 $35.75 $310.75 Friday&Saturday $330.00 $42.90 $372.90 Damage Deposit $320.00 $320.00 Main Hall Meetings Up to 3 hours + $30.00 for each additional $130.00 $16.90 $146.90 hour Trackless Lounge up to 3 hours + $30.00 for each additional $75.00 $9.75 $84.75 hour Funerals $75.00 $9.75 $84.75 Pavilion $40.00 $5.20 $45.20 Ball Diamond $10.00 $1.30 $11.30 Refundable Key Deposit $20.00 $20.00 VIENNA COMMUNITY CENTRE FEE HST TOTAL Entire Facility with Kitchen Monday-Thursday&Sunday $275.00 $35.75 $310.75 Friday& Saturday $330.00 $42.90 $372.90 Damage Deposit $320.00 $320.00 Basement with Kitchen $140.00 $18.20 $158.20 Basement without Kitchen $90.00 $11.70 $101.70 Upstairs & Bar Area Only $200.00 $26.00 $226.00 Upstairs & Bar Area Only Meetings- up to 3 hours + $30.00 $130.00 $16.90 $146.90 for each additional hour Funerals $75.00 $9.75 $84.75 TOTAL RENTAL FEE: DAMAGE DEPOSIT: EQUIPMENT REQUIRED: COMMUNITY PARTNER REDUCTION: SPECIAL CONDITIONS: Upon signing, I hereby submit the non-refundable sum of$ with the Municipality, as a deposit against the rental of the said premises and the balance due of$ plus the Damage Deposit, (as applicable) of$ , a minimum of two weeks prior to the function. i. I acknowledge that the damage deposit is refundable less any applicable damage costs. ii. I acknowledge any damage expenses beyond the damage deposit are payable to the Municipality. The applicant is responsible for all fire alarm response costs where the alarm is directly due to the activities or negligence of the renter and/or guests. The applicant agrees to compensate the Municipality of Bayham for any damage done to the bleachers, building, overhead lighting, equipment or property by any person or persons using the facilities pursuant to this agreement. The users will be responsible for cleanup of the aforementioned facilities following each use. iii. Is this an alcohol event? YES NO iv. I have read understand and will comply with the Municipality of Bayham Municipal Alcohol Policy. I agree that the provisions of the Liquor License Act of the Province of Ontario, and of any regulation made there under, as applicable, will not be contravened. Persons renting the premises must submit their alcohol application form to the store manager for the Liquor Control Board of Ontario no less than 10 days prior to the scheduled reception (weddings & social functions). Applications for fundraising or other events must be submitted not less than 30 days prior to the event. For further information please refer to the rules and regulations provided on the LCBO Special Occasion Permit Application. v. I have read and acknowledge the receipt of a copy of this Agreement and the Terms & Conditions of Use and Rates & Fees By-law stated and hereby agree to them and the costs associated with the rental of this facility. SIGNATURE OF APPLICANT: DATE: SIGNATURE OF AUTHORITY-MUNICIPALITY OF BAYHAM TERMS&CONDITIONS OF FACILITY USE 1.1 All persons or organizations using the facility must provide a 'certificate of insurance', prior to the use, in the minimum amount of two million dollars ($2,000,000) coverage for the duration of the function. The 'certificate of insurance' naming the Municipality of Bayham as the certificate holder, must be presented to the Facility Manager a minimum of two (2) weeks prior to any event, whether alcohol is being served or not. The Rental Agreement, Special Occasion Permit, and certificate of insurance must be in the same name(s). 1.2 Conditions of the Municipal Alcohol Policy and the current Municipal Rates and Fees By-law will apply, as applicable. The facility shall not be used for a purpose for which it has not been approved by the Municipality of Bayham or its agent. The Applicant agrees to have the facility cleared of guests within one (1) hour after 'Hours of Function'. A $50 per hour fee will be charged to the renter for failing to vacate as per contract. Any payment of event workers is the responsibility of the renter. Tapping to the walls and dragging items across the floor is strictly prohibited. 1.3 The Applicant agrees to hold and save harmless the Municipality of Bayham from any actions, claims or proceedings brought by any person or organization for injuries, damages, personal loss, or for any other reason, wherein the Claimant(s) allege such claims, actions or proceedings are the result of attendance at the facility and the function herein provided for. 1.4 The Applicant agrees to provide adequate security to maintain order and crowd control for the function and further agrees not to hold, sponsor or promote any function deemed to be publicly or morally offensive or that in any way would contravene any Statute, Law, or Regulation of the Government of Canada, the Province of Ontario or the Municipality of Bayham. 1.5 Open flame or decorative lighting devices are not advisable, however permitted, if securely supported in a non-combustible holder and located and protected so that combustible materials will not come into contact with or be ignited by the flame. Battery operated candles are suggested as an alternate choice for candles or sparklers. Smoke Machines are not permitted. 1.6 Written notice of cancellation must be given to the Facility Manager by the applicant a minimum of thirty (30) days prior to the date of rental, otherwise, the full charge shall apply. 1.7 The Municipality shall not be responsible for stolen, lost or damaged articles, or for personal injuries that the Applicant or member of the Applicant's organization, or a guest thereof, may sustain or suffer by reason of the use of the facility, equipment or parking area. 1.8 The Municipality of Bayham shall not be responsible for any inconvenience or cancellations caused by failure of electrical, sewer, water or other services at the facility. Should the closure of the facility become necessary and the event cancelled, the function may be re-booked (within a year) at the facility. The initial deposit will be credited to the re-scheduled booking and the balance due as per rental agreement requirements. 1.9 The Applicant is responsible for keys, access to keys and closing of facility. In the event of an issue or last minute cancellation please contact the Facility Manager, via the business card provided. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 16, 2017 7:00 p.m. PRESENT: DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER RANDY BREYER ED KETCHABAW ABSENT: MAYOR PAUL ENS STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK PLANNING COORDINATOR MARGARET UNDERHILL TREASURER LORNE JAMES WATER I WASTEWATER OPERATIONS MANAGER ED ROLOSON CLERK'S ASSISTANT BRENDA GIBBONS 1. CALL TO ORDER Deputy Mayor Southwick called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None 4. ANNOUNCEMENTS None 5. DELEGATIONS None 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 2, 2017 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the minutes of the regular meeting held February 2, 2017 be adopted. CARRIED 2017 Council Minutes February 16, 2017 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 A. Report PS-01/17 by Ed Roloson, Water I Wastewater Operations Manager re RFQ — Electronic Traffic Control Devices Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report PS-01/17 re RFQ — Electronic Traffic Control Devices be received for information; AND THAT Council direct staff to procure electronic traffic control devices from Stinson Owl Lite for a total price of$27,500 + HST. CARRIED B. Report PS-02/17 by Ed Roloson, Water I Wastewater Operations Manager re 2016 Annual Drinking Water and Compliance Summary Reporting for the Bayham and Richmond Water Systems Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report PS-02/17 re 2016 Annual Drinking Water and Compliance Summary Reporting for the Bayham and Richmond Water Systems be received for information. CARRIED 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-Law Amendment Guenther B. Notice of Public Meeting re Proposed Zoning By-Law Amendment Schroyens 2017 Council Minutes February 16, 2017 C. Notice of Public Meeting re Proposed Zoning By-Law Amendment Schrijver Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence items 10.1.1-A— 10.1.1-C be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-05/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Applications E6/17, E7/17 and E8/17 Rodenburg Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report DS-05/17 regarding Consent applications E6/17, E7/17 and E8/17 submitted by Marinus Rodenburg be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E6/17, submitted by Marinus Rodenburg, be granted subject to the following conditions: 1. Rezoning to address holding h1/h4 provisions and the oversized nature of the existing shop/metal barn 2. Planning report fee payable to the municipality for applications E6-8/17 3. Copy of the final survey (paper and digitally) provided to the municipality 4. Water quality testing reports for nitrates and bacteria content meeting the Provincial standards for residential use, as a matter of public health and safety 5. Water quantity testing report meeting the Provincial standards for residential use, as a matter of public health and safety 6. Petition for Drainage to connect to the municipal Corinth Drain for outlet 7. Grading Plan 8. Confirmation of the location of the septic field bed and well AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E7/17, submitted by Marinus Rodenburg, be granted subject to the following conditions: 1. Rezoning to address holding h1/h4 provisions 2. Copy of the final survey (paper and digitally) provided to the municipality 3. Cash-in-Lieu parkland dedication fee 4. Water quality testing reports for nitrates and bacteria content meeting the Provincial standards for residential use, as a matter of public health and safety 5. Water quantity testing report meeting the Provincial standards for residential use, as a matter of public health and safety 6. Petition for Drainage to connect to the municipal Corinth Drain for outlet 7. Grading Plan 8. Municipal lot assessment for private septic 9. County Road access confirmation 10. Purchase civic number sign 11. Removal of the silo, foundation and debris 2017 Council Minutes February 16, 2017 AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E8/17, submitted by Marinus Rodenburg, be granted subject to the following conditions: 1. Rezoning to address holding h1/h4 provisions 2. Copy of the final survey (paper and digitally_ provided to the municipality 3. Cash-in-Lieu parkland dedication fee 4. Water quality testing reports for nitrates and bacteria content meeting the Provincial standards for residential use, as a matter of public health and safety 5. Water quantity testing report meeting the Provincial standards for residential use, as a matter of public health and safety 6. Petition for Drainage to municipal Corinth Drain for outlet 7. Grading Plan 8. Municipal Lot assessment for private septic 9. County Road access confirmation 10. Purchase civic number sign CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ministry of Housing re The Promoting Affordable Housing Act, 2016 B. Ministry of Agriculture, Food and Rural Affairs re Rural Economic Development (RED) program C. Canadian Postmasters and Assistants Association re the Federal Government Standing Committee on Government Operations and Estimates' (OGGO) report regarding Canada Post D. Patrick Brown, MPP re follow up to Rural Ontario Municipalities Association (ROMA) speech E. National Grants and Contributions Delivery Centre re Enabling Accessibility Fund F. Municipality of Neebing re Carbon Tax Credits for Municipalities G. Lynda Millard Retirement Party Thank You H. Straffordville Community Centre Grand Opening Open House Agenda Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT correspondence items 11.1.1-A— 11.1.1-H be received for information. CARRIED 2017 Council Minutes February 16, 2017 11.1.2 Requiring Action A. Ray Talbot re speed limit on Vienna Line Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence from Ray Talbot to lower the speed limit of Vienna Line from Richmond Road to Vienna be received for information: AND THAT staff be directed to send correspondence to OPP to request increased speed limit enforcement. CARRIED B. Straffordville Hall Foundation re Straffordville Community Centre kitchen Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT correspondence from Straffordville Hall Foundation re Straffordville Community Centre kitchen be received for information: AND THAT staff be directed to look into costs involved in making the servery a functional kitchen and report back to Council. CARRIED 11.2 Reports to Council A. Report TR-04/17 by Lorne James, Treasurer re 2016 Investment Report Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report TR-04/17 re 2016 Investment Report be received for information. CARRIED B. Report TR-05/17 by Lorne James, Treasurer re 2016 Council Remuneration and Expenses Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report TR-05/17 re 2016 Council Remunerations and Expenses be received for information. CARRIED 2017 Council Minutes February 16, 2017 C. Report TR-06/17 by Lorne James, Treasurer re 2016 Public Sector Salary Disclosure Act (PSSDA) Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report TR-06/17 re 2016 Public Sector Salary Disclosure Act be received for information. CARRIED D. Report CAO-04/17 by Paul Shipway, CAO I Clerk re Straffordville Community Centre Moved by: Councillor Breyer Seconded by: Councillor Casier THAT Report CAO-04/17 re Straffordville Community Centre be received for information; AND THAT Council direct staff to proceed with Straffordville Community Centre outdoor amenities as outlined with Report CAO-04/17 to be funded from the 2017 Facility Reserve allocation. CARRIED E. Report TR-07/17 by Lorne James, Treasurer re 2016 Q4 Variance Report Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report TR-07/17 re 2016 Q4 Variance Report be received for information; AND THAT Council confirm the Sale of Asset Report attached to Report TR-07/17 as Appendix 'D'. CARRIED F. Report TR-08/17 by Lorne James, Treasurer re 2016 Surplus Allocation Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report TR-08/17 re 2016 Surplus Allocation be received for information; AND THAT Council confirm the Surplus Transfer Report attached to Report TR-08/17 as Appendix `A'; AND THAT Council direct staff to issue a tender for the replacement of the Stewart Road Bridge Deck with the Bayham Drive Bridge Deck and report back to Council with tender results for Council consideration. CARRIED 2017 Council Minutes February 16, 2017 G. Report CAO-05/17 by Paul Shipway, CAO I Clerk re 1986 Champion Grader Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-05/17 re 1986 Campion Grader be received for information; AND THAT Council direct staff to utilize Equipment Reserve Funds to replace the engine in the 1986 Champion Grader from New Equipment Company CARRIED 12. BY-LAWS A. By-Law 2017-017 Being a By-law to authorize the execution of an Encroachment Agreement between the Municipality of Bayham and Jushua Matheson and Ryan Vanwynsberghe B. By-Law 2017-018 Being a By-law to authorize the sale of lands owned by the Municipality of Bayham (12 Snow Street) Moved by: Councillor Casier Seconded by: Councillor Breyer THAT By-Laws 2017-017 and 2017-018 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-019 Being a By-law to confirm all actions of Council Moved by: Councillor Breyer Seconded by: Councillor Casier THAT confirming By-Law 2017-019 be read a first, second and third time and finally passed. CARRIED 2017 Council Minutes February 16, 2017 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 7:34 p.m. CARRIED MAYOR CLERK Froese $AYH NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED fill= MINOR VARIANCE IN THE MUNICIPALITY OF BAYHAM Ap°rtunity IsY° APPLICANT: Isaac and Maria Froese TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-01/17). TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday March 2, 2017 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 permit a 62 m2(672 ft2) Supplementary Farm Dwelling in the Agricultural (Al-A)zone on a 40 ha (100 acres) property located on the north side of Calton Line, east of Toll Gate Road known as 57268 Calton Line. THE EFFECT of the variance will be to allow for additional farm labour of up to eight persons to reside in a mobile home adjacent to the existing farm building cluster during the harvest season. 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 17th day of February 2017. KEY MAP MUNICIPALITY OF BAYHAM E f "1-0,T 4 2; Margaret Underhill Deputy Clerk/Planning Coordinator N Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON,NOJ 1Y0 1 "' 19 L01 20 T: 519-866-5521 Ext. 222 n Lor 221 F: 519-866-3884 1. IA)I 221 01 24 E: munderhill@bayham.on.ca I OT-23 W: www.bayham.on.ca SUBJECT LANDS JET°*zi*e LOT 20 LOT 21 LO 122 IA)I'23 4 25 .$011AittNOTICE OF A PUBLIC MEETING 4111PA's CONCERNING A PROPOSED ZONING BY-LAW AMENDMENT IN THE MUNICIPALITY OF BAYHAM OpPOxtunity Ise°J APPLICANT: PETER AND ANNA GUENTHER 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, March 2, 2017 at 7:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on a 3289 m2 (0.8 acre) parcel in the Institutional (I) Zone to a Special Hamlet Commercial Site-specific (HC-XX) Zone in Zoning By-law Z456-2003. The subject lands are located in the hamlet of Eden on the south side of Eden Line, west of Plank Road known as 56967 Eden Line. THE EFFECT of this By-law will be to allow auction sales, retail and restaurant and food service use by changing the zoning on 3289 m2 (0.8 acre) of lands currently zoned Institutional (I) to Special Hamlet Commercial Site-specific (HC-XX) Zone. 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 relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 10th day of February 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 , Straffordville, ON, NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 T E: munderhill@bayham.on.ca ♦tp$ W: www.bayham.on.ca ■ to k iywi 4*4 SUBJECT LANDS LOT 24 101 2, s 44* Hamlet of Eden voXYHAitt NOTICE OF A PUBLIC MEETING CONCERNING A PROPOSED 41%' ZONING BY-LAW AMENDMENT $ � IN THE MUNICIPALITY OF BAYHAM o2ppnrtunity IOW" APPLICANT: FRANK AND MONIQUE SCHROYENS 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, March 2, 2017 at 7:40 p.m. in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 0.9 ha (2.28 acre)of surplus farm dwelling lands in the Agricultural (Al-A) Zone to a Rural Residential (RR) Zone, to change the zoning regulations on 62 ha (154 acre) of farm lands to prohibit any new dwellings and to allow for relief of the minimum lot frontage in the Agricultural (Al-A) Zone to Special Agricultural Site-specific (A2-XX) Zone and to change the zoning regulations on 6 ha (15 acre) of land from Agricultural (Al-A)Zone to Agricultural (A1) Zone in Zoning By-law Z456-2003. The subject lands are located on the north side of Jackson Line, west of Plank Road known as 55016 and 54884 Jackson Line. THE EFFECT of this By-law will be to change the zoning of lands for the severance of a surplus farm dwelling to allow for residential use on a 0.9 ha (2.28 acre) parcel, to prohibit future dwellings on the retained 62 ha (154 acre) farm parcel, to allow for reduced lot frontage on the retained farm parcel and to change the zoning on 6 ha of land from Al-A Zone to Al Zone. 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 relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 10th day of February 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill 21 Deputy Clerk/Planning Coordinator "f\-r 1.1121 Municipality of Bayham kir tt 1,�1M1 ° 1.4j11 56169 Heritage Line, PO Box 160 n Straffordville, ON, NOJ 1Y0 1, 1'.. `a T: 519-866-5521 Ext 222 1" '�'•�` F: 519-866-3884 '1'111 IL, 4,1 11" 1,1}.1.121 ; E: munderhill@bayham.on.ca 1,01 122 W: www.bayham.on.ca 111T 121 1 01 123 1.(11 II. ?K 10J lII SUBJECT LANDS 4,,OT 12 LOT 9 iv ,91 r YT 13 125 LOT Irl 1 tl 1 _ ! 101 1,41}_ I,O111 1.011E I- LOT 12 LOT 13 ■ 1.01 13 L01 15:". 1111 l6111 1011' Ir,,NIYHA NOTICE OF A PUBLIC MEETING �„�� CONCERNING A PROPOSED jd ZONING BY-LAW AMENDMENT 4r1( IP IN THE MUNICIPALITY OF BAYHAM Op�'ortunity is '"el APPLICANT: GERDA AND LEO SCHRIJVER 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, March 2, 2017 at 7:50 p.m. in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider a proposed Zoning By-law amendment under Section 34 of the PLANNING ACT. THE PURPOSE of this By-law is to change the zoning regulations on 6381 m2(1.5 acre)of surplus dwelling lands in the Agricultural (A1) Zone to a Rural Residential (RR)Zone and by changing the retained farm lands of 19.58 ha (48.4 acre) from Agricultural (A1) Zone to a Site-specific Special Agricultural (A2-XX) Zone recognizing reduced lot area in Zoning By-law Z456-2003. The subject lands are located on the north side of Ottergate Line, east of Culloden Road known as 54530 Ottergate Line. THE EFFECT of this By-law will be to allow for residential use on a 6381 m2 (1.5 acre) of surplus farm dwelling lands and for reduced minimum lot area of 19.58 ha (48.4 acre) for the retained agricultural lands where 20.0 ha is the minimum in the Al-A Zone. 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 relating to the proposed amendment may be obtained at the Municipal Office. Dated at the Municipality of Bayham this 10th day of February 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator -i L 1 Municipality of Bayham tf LOT 11,013 1,1 WI 56169 Heritage Line, PO Box 160 IP' F 8 i Straffordville, ON, NOJ 1Y0 eoev 01 _ - i crr r ' r.o I W '�'r•. a T: 519-866-5521 Ext 222 Iw •.. .,� „. �� ' F: 519-866-3884 L�ol 101'6 ' ' E: munderhillc bayham.on.ca 6 i @,,i s 3 W: www.bayham.on.ca it 01'.1 ''',pp I01 ' 11 -- ', i "---.SOMF-t 1.11 1- ---- c� .. SUBJECT LAND-Si o I i,rl ,,, LO'f i-'TL---- 112 I()I • LU1 LOT l.E7T if IT; Il.s Ilil..,tr� Is6 iiy >I.oc ti Lo r r Ito L Official Plan Five Year Review 2017 i0.1(114.14 NOTICE OF A PUBLIC OPEN HOUSE �EAO• CONCERNING THE FIVE YEAR , OFFICIAL PLAN REVIEW ��5 IN THE MUNICIPALITY OF BAYHAM pPorfunityIs`o TAKE NOTICE that the Municipality of Bayham is considering amendments to its Official Plan as part of a mandatory five year comprehensive review of its Official Plan. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a public Open House on Thursday, March 23, 2017 from 6:00 p.m. — 8:00 p.m. in the Municipal Council Chambers, 56169 Heritage Line, in Straffordville to consider the Five Year Official Plan Review under Section 26 of the PLANNING ACT. THE PURPOSE of this amendment is to ensure the Official Plan of the Municipality of Bayham is up-to-date; has regard to matters of Provincial interest; is consistent with the Provincial Policy Statement 2014; and is consistent with the Elgin County 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. In addition, this review will ensure the policies and map schedules continue to address local land use planning priorities and changing community needs, as well as other site-specific issues which will affect certain land uses and/or areas of the Municipality.No key map is provided as the proposed amendment applies to the entire Municipality. THE EFFECT of this amendment will be an updated Official Plan document, which will allow Municipal Council to fully realize the goals and objectives currently outlined in the Official Plan document. 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 relating to the proposed amendment may be obtained at the Municipal Office. DATED AT THE MUNICIPALITY OF BAYHAM THIS 15th DAY OF FEBRUARY 2017. Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON,NOJ 1Y0 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill(&,bayham.on.ca W: www.bayham.on.ca lepSY114.4 "TrurolIlkplk If1PIP -1"'po ©t% �'tunity Is�L NOTICE OF UPCOMING PUBLIC OPEN HOUSE: MUNICIPAL ENERGY PLAN AND LOCAL ACTION PLAN The Corporation of the Municipality of Bayham is pleased to announce a public open house for an information session for preparation of a Municipal Energy Plan and a Local Action Plan to be held on Thursday, March 23rd, 2017 from 6:00 p.m. — 8:00 p.m. in the Municipal Council Chambers, 56169 Heritage Line, Straffordville. The Open House will present information about the development of the energy plans and get important feedback from community members to help guide the development of the plans. The Municipality of Bayham encourages everyone to participate in this event and we look forward to hearing from you! DATED at the Municipality of Bayham this 17th day of February 2017. For further information please contact: Paul Shipway, CAO / Clerk Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 Telephone: 519-866-5521 pshipway@bayham.on.ca $AYH.4 - 4101111fris."' : . ! w REPORT ,.. ,...„,.., ._,, ...,..,„, „„,,,,, ,,, .....,. , 7 , PArn, ,"51-v.:15•,-O ' 14, = - �,,- if, DEVELOPMENT SERVICES �poj'tunity Is..io' TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: March 2, 2017 REPORT: DS-07/17 FILE NO. C-07/ D08.BONN / D13.BONN Roll # 3401-000-001-09900 SUBJECT: Official Plan Amendment No. 18 and Zoning By-law Z656-2017 BACKGROUND: An official plan amendment application and rezoning application was submitted by Bonnefield Farmland Ont. II Inc. proposeing to amend the official plan designation and zoning of the subject lands located at 4964 Plank Road. The subject lands are located on the east side of Plank Road, north of Glen Erie Line. The subject lands are zoned Agricultural (A1) Zone in the Zoning By-law No. Z456-2003 and designated "Agricultural" in the Official Plan. The purpose of this By-law is to change the land use designation on a 24,848 m2 (6 acre) parcel of land from "Agricultural" to Site Specific Agricultural designation in the Official Plan of the Municipality of Bayham; and to change the zoning on the same lands from Agricultural (A1) Zone to a Site Specific Agricultural (Al-XX) Zone in Zoning By-law Z456-2003. The subject lands are located on the east side of Plank Road, north of Glen Erie Line and known as 4964 Plank Road. The proposed amendments allow a permanent bunkhouse facility to accommodate a maximum 50 seasonal offshore farm workers on the existing apple farm administration and storage lot. The farm workers supply labour for the larger farm operation for apple cultivation. The building will provide residential accommodation. Farm workers will be transported daily to and from the various apple orchard locations from the subject site. Parking for the volume of occupants must be provided on the site. The subject lands contain: a storage building for repair and storage of equipment, a controlled access cooler barn used to store apples, a house, a garage and a small shed. The effect of this By-law will be to permit an oversized supplementary farm (bunkhouse) building on a 24,848 m2 (6 ac) parcel of land on the existing agricultural lot for 50 seasonal farm workers. The proposed amendments allow a bunkhouse with 437 m2 (4704 square feet) of floor area which exceeds the preferred building area of a supplementary farm dwelling policy of 167 m2 (1797 square feet) of floor area in the Official Plan. PUBLIC PARTICIPATION: As required by the Planning Act, the public meeting notice was circulated with the following written comments received prior to the public meeting: 1. Correspondence received January 9, 2017 — Keith Underhill 2. Correspondence received January 9, 2017 — Rick and Cheryl Nevill 3. Correspondence received January 16, 2017 — Bob Heimbuch The public meeting was held January 19, 2017 at 7:30 pm at the Municipal Council Chambers, 56169 Heritage Line, Straffordville, with the following agencies and persons making oral presentations at the public meeting: 1. David Roe, Civic Planning Solutions, Delhi Ontario 2. Leighton Martin, Waterloo 3. Ken Andrews, Straffordville 4. Keith Underhill, Vienna 5. Pete Wiebe, Port Burwell 6. Rick Nevill, Vienna In response to the concerns raised in the written correspondence and the oral presentations the following additional correspondence was received: 1. Correspondence received February 13, 2017 — Leighton Martin, Vienna Farms Ltd. Executive Manager 2. Correspondence received February 15, 2017 — David Roe, Civic Planning Solutions Inc.— Consultant for Owner At the time of writing this report, no other written comments have been received. DISCUSSION: Please reference the planner's memorandum dated January 9, 2017 as attached providing a complete analysis of the proposal. Staff and planner recommend refusal of the proposal for the reasons detailed in the staff recommendation. ATTACHMENTS 1. Official Plan Amendment Application 2. Draft Official Plan Amendment Number 18 3. Zoning By-law Amendment Application 4. Draft Zoning By-law Z656-2017 5. IBI Memorandum dated January 9, 2017 6. Correspondence received Jan 9/17 — Keith Underhill 7. Correspondence received Jan 9/17 — Rick and Cheryl Nevill 8. Correspondence received Jan 16/17 — Bob Heimbuch 9. Correspondence received Feb 13/17 — Leighton Martin, Vienna Farms Ltd. 10. Correspondence received Feb 15/17 — David Roe, Civic Planning Solutions Inc. 11. Public Participation Meeting Record January 19, 2017 RECOMMENDATION THAT Staff Report DS-07/17 regarding the Official Plan and Zoning By-law Amendments for the Bonnefield Farmland Ontario II Inc. be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham take the following action with respect to the applications by Bonnefield Farmland Ontario II Inc. relating to the property located at 4964 Plank Road: The request to change the land use designation on a 24,848 m2 (6 acre) parcel of land from "Agricultural" to Site Specific Agricultural designation in the Official Plan of the Municipality of Bayham; and to change the zoning on the same lands from Agricultural (A1) Zone to a Site Specific Agricultural (A1-29) Zone in Zoning By-law Z456-2003 to permit a an oversized supplementary farm (bunkhouse) building on a 24,848 m2 (6 ac) parcel of land on the existing agricultural lot for 50 seasonal farm workers and a bunkhouse with 437 m2 (4704 square feet) of floor area BE REFUSED for the following reasons: a) The requested Official Plan and Zoning By-law amendments are not consistent with Section 2.3.3.1 of the Provincial Policy Statement 2014 where Council has provided for supplementary farm dwellings which may be located on individual farms. b) The requested amendment is not consistent with Section 2.1.1.2 of the Municipality of Bayham Official Plan where there is likely compatibility conflict with abutting land uses due to the intensity of accommodating fifty (50) seasonal workers on a site with reduced lot area and existing apple storage facilities. c) The requested amendment is not consistent with Section 2.1.10 of the Official Plan which allows supplementary farm dwellings where the preferred scale is 167 m2 (1800 sq.ft) of floor area and one storey in height. d) The subject lands do not meet the minimum lot area of 20 ha for supplementary farm dwelling; and the conceptual plan shows a reduced rear yard setback of 4.98 m as set out in the Agriculture (A1) in Section 5 of Zoning By-law Z456-2003. e) The applicant has not indicated the intent to remove the existing supplementary farm accommodation located on individual orchard farms owned or operated by the applicant in the Municipality. f) The conceptual plan does not indicate outdoor recreation space accessory to the bunkhouse. AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held January 19, 2017 associated with this application, the individuals noted on the attached public participation meeting record made an oral submission regarding this matter and that all public written and oral comments were taken into account in Council's decision passing this resolution. Respe fully Submitted by: . Reviewed - Margaret Underhill a � hi.way/ Deputy Clerk/Planning Coordinator /CAO/Clerk �PPAYI1A.4j MUNICIPALITY OF BAYHAM P.O. Box 160 Straffordville, Ontario w NOJ 1Y0 �ortunity 1s�o Phone (519) 866-5521 Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000. If the application is not completed in full, the application will be returned. I/WE, JQ°�;� iaA( A eel) shall assume responsibility for any additional costs exceeding the eposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner C/14- ()/14,1)1 cS/Gc7'701-5 7z7„„,1--- sinal rr iaskPaz 3eY Property Owner FOR OFFICE USE ONLY f DATE RECEIVED: CA- (3/f/t" AMOUNT RECEIVED: GG`C) n ` ` /j 4" DEEMED COMPLETE: 1 ('C 0 ()= //e-- RECEIPT# : ` q() FILE NO: 17)0<iC bON`J i'3 DATE ADOPTED BY COUNCIL: Prepared Feb 2016 Municipality of Bayham Official Plan Amendment Application Page 2 1. Registered Owner's Name: / onii4 /)cfd' /350/0-101/1/6 )A'I 1..A/C Address: c..,, ZOO j L (oh[vv—j e 9C c rz Q a i--� Phone No. Business: (Home): Fax: Email: Lot and Concession (if applicable): 2. Applicant/Authorized Agent: 'c�%tr Y 1A-4 t L # Address: > 10 31 fuck/ ICA Li Alf{ ga.>41 1Lrw_t 9 j /147 '1 Phone No.: St`l-ST 11?3 Fax: Email: • 'mac, // e ael,kie Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent ('>C) 3. Legal Description of the land for which the amendment is requested: Concession: 2 Lot: 11 Roll#3401- (3o u(2° /a `qoo Reference Plan No: Part Lot: Street and Municipal Address No.: tr G ''1 FLAN IC u"1VLr 4. Size of property which is subject to this Application: Area: Frontage: m Depth: m m2 -�K81 j70 / L17 5. Does the proposed amendment add, change, replace, or delete a policy/schedule of the Official Plan? Add ( ) Change (j/" Replace ( ) Delete ( ) If so, policy/schedule to be added, changed, replaced, or / / deleted: {'� CC e AJI Municipality of Bayham Official Plan Amendment Application Page 3 Attach separately the requested additions, changes, or replacements. See. 0 c,J, i 6. Does the proposed amendment alter a growth boundary of any settlement area? If so, attach separately justification for the request based on the current Official Plan policies. 7. Does the proposed amendment remove land from an area of employment designation?G / Yes If so, attach separately justification for the request based on the current Official Plan policies. 8. Existing Official Plan / Designations: yq. At Jva m. 64S Re Land Uses Permitted in existing Designation: yro r,. A a 0 9. Present Use of subject lands (be specific): A (= les ohrC4/ f Codes Shirr(Jpro c eSS/: LI,I j el A, 10. Proposed Official Plan Designation: S; �P S ee/ -`C Ayr/ 11. What is the purpose of the proposed Official Plan amendment? G{ V.r� f�+ , 6 v 11(10R" t� jvl t {rd•h i 1AUrh✓„S 6-0 Municipality of Bayham Official Plan Amendment Application Page 4 12. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. (Be Specific) AOO?AH, rq I,oa/C c� ��-� I��,l / r-c-,/ Cc /145v4ti v.,/r,cevs el, 4,S r r/cv 17 13. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ('j ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) (V Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? GC 'Ey fit'of ap Cu if /' f If not, where can they be found? Storm Drainage 1 Provisions: u 5 /fV �� `$ �/ ��S l- eilC}i Municipality of Bayham Official Plan Amendment Application Page 5 Proposed Outlet: 14. Is the subject land or land within 120 metres of it subject of an application under the Planning Act for: Minor Variance ( ) Consent ( ) Official Plan amendment ( ) Zoning By-law amendment (�/) Plan of Subdivision ( ) Site Plan (V) If yes to any of the above, indicate the file number, name of approval authority, the land it affects, purpose, status, and effect on this proposed amendment zoom J by _ /c 914144 v,o / tin,ilo013; 9 ,tz.L / al:e. f a i�n �f} - D 6/1/C 51,41/41 tc 7 L CI yfrb vcyl 15. How is the proposed amendment consistent with the Provincial Policy Statement 2014? 16. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? itb 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) Survey plan, or a sketch based on an Ontario Land Surveyor description of all lands in the Municipality of Bayham Official Plan Amendment Application Page 6 Owner's possession in the vicinity of the subject application with the lands covered by this application outlined in red, and showing the location, size and use of all buildings and structures on the Owner's lands and on all adjacent properties. (b) Large scale detail plan of the proposed development, showing the location and type of all buildings, setbacks, number and floor area or dwelling units (if applicable) the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses. (c) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional� Information1as required by Council consideration of the application I` tveS'7 poi"- q y e- (, /h/) ccc✓f 4IJ4/ 8- 51.) i g cc, I fr c —Jf v5 o t,1 /We, /ovi�t IA,:� , of the 71/11.," (Lisa A/ of 4Y., 1 /3r , in the county of elcp n , do solemnly declare: (i) that I /We am/are the owner(s) of the lands described above Municipality of Bayham Official Plan Amendment Application Page 7 (ii) that to the best of my I our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I /we hereby appoint Tory i' 4- k_ to act as an Agent on my/our behalf in all aspects of this application. Owner(s)Signature(s): Scc o ( Je And I /We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: /(, "r':' t %' - 7 A, of / C"C Owner(A-gent • in the County/Region this /- of Ij , I / 1/ day of C". �' . C� 20 (t Owner/Agent / ,.. ,/ r f 1, i' ' A Commissioner, etaatctpjr�w>a�r�tL> Owner/Agent Deputy Clerk of the C 'a Commissioner, etc. Memel °rporat on of the Ity of Bay pECEIVEri To whom it may concern CT J 3 2016 illU8 iC&vAE n F fid:3 dy:++dn1 In regards to the building permit/zoning application for the proposed seasonal bunkhouse located at 4964 Plank line in Bayham township, I give authorization to Tony Wall from View- It Design to act as the authorized agent on our behalf. Signature: //44 - Date: ..d 3/1' CAUTION NOTES SITE PLAN .".....R m .tuna, x..,n MICR x.m m RADE w,..>.2 .RG a aazm PROPERTY-245401 500014 WIRES AND FOR BUILDING PERMIT ^+� I .e mo.n e.o.m..m n AKA ON MING SOWN= AND LOT GRADING yy.p"WARE W FOR MARTIN FRUIT FARM 01-map mu wee am mow®,w an••tons EMT.LOT=KRAAL.11.10 PART OF LOT 14 KR Al dEN MN Ai "°'x+x MUM MN MN... w-1O,0. MK. WORM W MONO CONCESSION 2 Com•LOIRO As Pow wW.O• wCO-�,n Wi w„MY�;,,a, "ARIA DAVAION NI OIL01.mem _�' RUILSMUT °OOOS ANO PROVO=BUM INURES GEOGRAPHIC TGE BA1P OF HAMM. NM....o nt,x".M,nwn. ROAM a..m."OxW..,d.xN05,aaMOwO• PROPOSED LO/ In- n%myma.M m.w1 x oawv •II.]x NIVREO NVNIGIPAUTY Of BAYMAM OF ot COUNTY OF ELGIN MR le CANAVATOA SCALE 1:400 • ^-wc " p5- METRIC N. wrn., .rWa.. 2 .Mwm awmoxwNOW ,.,� 19 No. " "." ROAD � ar, • COUNTY ..a Nr.4 W I °AAN mr w>i �T R 1= 8i • �'~r ✓-__ _______NK a 105 '. • 1 6i / ...., I rarnirl. ,...,.na 0.a I 9 — UMi ' 1 .p.. yl ..._..,.....4....1 aan • ��4. 910 f"� ' F wa- h• ""I�� / 'Mu- I ,..{ LO 1 /T f LOT 14 CONIC SSION' • 12 d 4— t,.. 1 .a. 1 m oS a II •m,, ra# 1. ""r . , 1/ PART 11 \ :� 8' IV .Mn• .o-,.Mao IS, , . VI 1W G I �� P� j ,••••• 1 il ` 1 ' ' /4, s , GAO ...A`.noNA /�__u__ L /'Z'''°'I `As Q1 f GEOGRAPHIC TOWNSHIP y aro®c. F P 6Ya 1�^ W• .. 07 .J, .:m N.we R .rnR..,,,t, b 7 pg +� 'well lg ♦o Al. Nue n. .No NA VAX q W`N• II •i 'IN2 N. ...11. a+W.mn ;+ .ul pmeren\1 R 0..N,f .. y YIN • 5 R rr aa. .N II 1 r 1 i .1.. .w a..O .a.. l y. INAO LOT 14 CONCESSION 2 A4 t_Oa aM woo, * .a,......{..•war' FORMER CANADIAN PACIFIC RAILWAY GEOGRAPHIC TOWNSHIP OF BAYHAM ®COTIRIRIr ems MK/SU 1W.EY01c 00 KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR .10.50110.0 RNrowM,.My 30 HARVEY - s-sev PROJECT:16-125075P REFERENCE:HFI Oe..Ic.:1 r s.- r 2016 November 25, 2016 Planning justification Report Regarding Official Plan and Rezoning Applications for Martin's Fruit Farm inc. For Property Located in Lot 14, Concession 2,former Twp. of Bayham Known as 4964 Plank Road, Port Burwell ON Proposal The applicant has applied for an official plan amendment and a zoning by-Iaw amendment to permit the construction of a permanent bunkhouse facility to accommodate up to 50 seasonal offshore workers on the subject lands. Background Information Martin's Family Fruit Farms,is one of the largest producer,packers,shippers and processors in Ontario.-They grow fifteen varieties of apples. Their Vienna operation contains a large"controlled atmosphere" cooling facility where all the harvested apples are stored prior to being shipped to other owner facilities located in Waterloo Region for further processing.At their processing facility in Elmira,the apples are graded,packed and shipped to retailers across Canada and the United States.They also process apples for fresh slicing,chipping or making cider. Martin's presently house their seasonal offshore workers in smaller bunkhouses located on several of their farms. This has created some logistical and management problems. The applicant has chosen this location to construct a larger centralized housing facility for the following reasons: ® The site is currently used for administration,equipment repair and storage, and storage of apples; ® Management is more readily available at this location to oversee the operation of housing facility; • The workers will be located in one location where they will be transported to the various farms where they will be working; ® No active farmland will be taken out of production; ® There will be an overall reduction in travel times; 2 • A permanent building to be used as a bunkhouse has many benefits (versus use of mobile homes) for both the worker and employer.There will be increased and enhanced areas for washing/bathing,cooking and relaxation for the workers.A permanent bunkhouse is also easier to maintain. ® One central facility can be managed more efficiently; O The site has access to the municipal water system,for domestic use and fire protection; e The sanitary sewage system will be regulated by the MOE; ® The site has access onto Plank Road, a major road serving the area; ® There is no indication that there will be any negative impact on adjacent land uses or agricultural operation. Description of the Subject Lands The subject lands are located in Lot 14, Concession 2, of the former Township of • Bayham.The lands have a frontage of 170 metres along PIank Road and a depth of 147m and an area of 24848m2.The lands are located just north of the settlement area of Port Burwell. The subject lands contain the following buildings: Storage building used for repair and storage of equipment, controlled atmosphere cooler barn used to store apples,an existing dwelling house,a garage and a smaller shed. The site is used as part of the Martin's Family Fruit Farm, apple orchards and storage operation. The attached map shows the location of the various farm parcels operated by Martin's Family Fruit Farm operation in Bayham. Provincial Policy Statement (2014) The lands are located within an area defined as a prime agricultural area and is subject to the following policies: 2.3 Agriculture 2.3.1 Prime agricultural areas shall be protected for long-term use for agriculture. Prime agricultural areas are areas where prime agricultural lands predominate. Specialty crop areas shall be given the highest priority for protection,followed by Canada Land Inventory Class 1,2,and 3 lands, and any associated Class 4 through 7 lands within the prime agricultural area, in this order of priority. 2.3.2 PIanning authorities shall designate prime agricultural areas and specialty crop areas in accordance with guidelines developed by the Province, as amended from time to time. 2.3.3 Permitted Uses 3 2.3.3.1 In prime agricultural areasLpermitted uses and activities are: agricultural uses, agriculture-related uses and on-farm diversified uses. Proposed agriculture-related uses and on-farm diversified uses shall be compatible with, and shall not hinder,surrounding agricultural operations. Criteria for these uses may be based on guidelines developed by the Province or municipal approaches, as set out in municipal planning documents,which achieve the same objectives. 2.3.3.2 In prime agricultural areas, all types,sizes and intensities of agricultural uses and normal farm practices shall be promoted and protected in accordance with provincial standards. 2.3.3.3 New land uses, including the creation of lots,and new or expanding livestock facilities shall comply with the minimum distance separation formulae. The requested approval for a bunkhouse to house seasonal offshore farm labour is consistent with the policies of the PPS,which permits agricultural uses and permits normal farming practices,which includes secondary residential uses for both full time and seasonal farm labour. Any public health issues would be overseen by the MOE (bunkhouses accommodation for more that 40 workers on a single property) or the Health Department. It is my opinion that the proposal is consistent with the policies of the PPS. Municipality of Bayham Official Plan The following Bayham Official Plan policies are relevant to this application: 2.1 AGRICULTURE RESOURCES 2.1.1 Land Use 2.1.1.1 The "Agriculture"designation shown on Schedule "Al"Municipality of Bayham Land Use of the Official Plan shall apply to specialty crop areas and prime agricultural areas in the Municipality. Prime agricultural areas in the Municipality of Ba ham include .rime agricultural lands as well as all_of the non-prime agricultural lands(Canada Land Inventory Class 4-7)as they have traditionally been used for fanning aurposes and exhibit characteristics o on oin.a agricultural uses. 2.1.1.2 All types,sizes, and intensities ofagricultural uses and normal farm practices will be 'emitted and encoura.ed in the "Agriculture" designation.Agriculture-related uses and secondary uses will also be permitted in the 'Agriculture"designation provided they are compatible 5 AGRICULTURAL (Al/Al-A)ZONE REGULATIONS 5.1 Zone Symbols 5.1.1 The Agricultural(A1)Zone is intended to apply to all lots with an area of less than 40 hectares, designated "Agriculture"in the Official Plan. Where a lot has an area o less than 20 hectares Section 4.10 Non-Con ormin. Uses shall a ply_ to the use of the lot and Section 4.11 Non-Com p1 in Uses shall a..1 to chanes to existing buildings and structures. 5.1.2 The Agricultural(Al-A)Zone is intended to apply to all lots with an area of 40 hectares or greater designated "Agriculture"in the Official Plan. 5.2 Permitted Uses No land shall be used and no buildings or structures shall be erected, used or altered in the Agricultural(Al) or A.ricultural Al-A Zones exce.t or the following purposes: Agri-tourism Establishment; 4ricultural use; Agricultural home occupation; Bed and Breakfast Lodging or Tourist Home; Commercial greenhouse; Farm; Forestry use; Market garden operation; Farm produce outlet; Plant nursery; Home occupation; Landing strip; Riding stable; Single detached dwellings lawfully in existence as of the date of the passing of this By-law or one new single detached dwelling on a vacant lot subject to all other applicable regulations of this By-law; Accessory use. 5.3 Minimum Lot Area Al Zone 20,0 hectares Al-A Zone 40.0 hectares 5.3.1 Supplementary Minimum Lot Area Regulations Notwithstanding the definition of farm in Section 2.0 of this By-law, and the permitted uses and minimum lot area requirements of subsection 5.2 of this By-law, the following minimum existing lot areas will be required for the uses and structures described below: Commercial greenhouses, Market garden operations, Plant nurseries:2.50 hectares(6.0 acres) 5.4 Minimum Lot Frontage 150.0m 6 5.5 Maximum Lot Coverage 20% 4.13 Existing Lots Notwithstanding any other provisions of this By-law existing lots with less than the required lot area or lot frontage may be developed for the use specified in the appropriate zone provided all other regulations of the By-law are satisfied, and in the case of lots where buildings or structures requirins sanita sewa!e facilities are to be erected therein: Such lots are serviced b a s'roved sanitar sewa•e services. b) Such lots have a minimum frontage of twenty(20.0)metres on a public street where a public water supply is not available; c) Such lots have a minimum lot area of thirteen hundred(1300.0)square metres where a public water supply is not available; d) if access is only by an existing,private right of way, development may occur if permission is granted, in writing,for the use of the right-of-way from both the Municipality and the holder of title of the right-of-way. The existing use of the subject lands for agricultural uses and as a farm is permitted by the zoning by-law.The subject lands do not meet the minimum lot frontage and lot area provisions set out for the A-1 Zone,but are subject to the provisions of 4.13 Existing Lots which do not meet the lot frontage and area requirements of the zone in which they are located. In this case,the lands may be used for the purpose requested provided an approved sanitary sewage system is installed.In this case, because the bunkhouse will accommodate more than 40 workers an MOE approved system must be installed.The site has access to the municipal water system. It is recommended that a site specific provision be added to the zoning by-law to permit the proposed permanent bunkhouse. Summary I feel that the proposed relief requested is supportable for the following reasons: The proposed official plan amendment and zoning amendment is consistent with the policies of the PPS,and the Bayham Official Plan for the reasons stated within this report; 7 ® The proposal is supportive of agriculture and is necessary to ensure that the existing farm operation is sustainable from both an operational and financial perspective. • The proposed amendment will not have a negative impact on adjacent farm operations and represents good planning and should be supported by Council. David Roe MCIP, RPP. 9 E LG I N M A P.:)i 0,1",..',7. • W. Legend ,-, ,_. 1.- Local , � . Arterial ;: "',, .11! Highways ;tBoundary World Street Map Zy ,y wg. ,p •L ::r '"L r,:'1 ai4 Pt1 r .fr 1 1,,,,,i,i: 4xt � .GS�,c�F... ;. ,. 5_,..6 ;f1,.t„..10 xa: . . 4„..„ ?,,,,. , .,i..., ....,...„...:, A , fi i E+ r. .. v,e) ,,I . . 4 R. "yd . ,w �{, a to f t t fi n' It �1 F` y{ w v. 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THIS MAP IS NOT TO BE USED FOR NAVIGATION 0 AMENDMENT NUMBER 18 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 4964 Plank Road, Port Burwell The following text and map schedule constitute Amendment Number 18 to the Official Plan of the Municipality of Bayham F_\WORD\BY-LAWS\2017\024 OPA 18 Bonnefield Draft 2017 02 23.doc OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 18 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2017-024, in accordance with Section 17 of the PLANNING ACT, on the day of 2017. MAYOR CLERK F\WORD\BY-LAWS\2017\024 OPA 18 Bonnefield Draft 2017 02 23.doc BY-LAW NO. 2017-024 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 18 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 18 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this day of 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-024 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK F:\WORD\BY-LAWS\2017\024 OPA 18 Bonnefield Draft 2017 02 23.doc OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 18 1. PURPOSE The purpose of the official plan amendment is to change the land use designation on approximately 28,848m2 (6 acre) of land from the "agricultural" designation to the "Site specific Agriculture" designation in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from the Agricultural (A1)Zone to the Site Specific Agricultural (A1-29) Zone. The intended land use is a permanent bunkhouse facility to accommodate a maximum 50 seasonal offshore farm workers on the existing apple farm administration and storage lot. 2. LOCATION The area affected by this amendment is an irregular parcel of land located on the east side of Plank Road, north of Glen Erie Line, north of the Village of Port Burwell and known municipally as 4964 Plank Road. 3. BASIS OF THE AMENDMENT The application is deemed to be in accordance with the Provincial Policy Statement 2014 and the Official Plan of the County of Elgin. For a complete analysis of this criteria including why the proposed application is supported with five recommendations for approval see the memorandum dated January 9, 2017 titled "Official Plan and Zoning By-law Amendment application by Bonnefield Farmland ONT Ill LTD for lands at 4964 Plank Road to permit a bunkhouse (supplementary farm dwelling) for up to 50 seasonal farm labourers", by IBI Group. 4. DETAILS OF THE AMENDMENT Section 2.1.10 is hereby amended by adding the following new subsection: 2.1.10.3 Notwithstanding Section 2.1.10.1 d)Size and Type,the subject lands located in Lot 14, Concession 2 and known municipally as 4964 Plank Road, may develop a farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 437m2 (4,700 ft2) gross floor area including the basement. F:\WORD\BY-LAWS\2017\024 OPA 18 Bonnefield Draft 2017 02 23 doc -tja MUNICIPALITY OF BAYHAM , E"*`4 P.O. Box 160 lI�/����, Straffordville, Ontario C3 747AW..- NOJ 1Y0 Portunity is,40Phone(519) 866-5521 Fax(519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of$2,000(Zoning By-law Amendment or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or $1500(Zoning Amendment to Remove Holding Provision). If the application is notcompletedin full, the application will be returned. I/WE, l.h,vi- in 4a.i- ( Abu/vi" shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner - ( - 7)&Lti7) Property Owner FOR OFFICE USE ONLY DATE RECEIVED: 06-11-3 06' AMOUNT RECEIVED: °:_ ,v(30 /l-ie`V/A_ DEEMED COMPLETE: D 'C I C� �(67. RECEIPT# : go X73 FILE NO: i_J .0)01 .) 1`-) DATE ADOPTED BY COUNCIL: Revised February 2015 Municipality of Bayham Zoning By-law Amendment Application Page 2 t Registered Owner's Name: /oj')r7r lir/e/ /44^^L-6 n/O C/ di in/r Address: SV J - /6 (0,c vti.c, y�ic OA% Phone No. Business: `l (Home): Fax: Email: Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant I Authorized Agent: 1~'v�v�, �o� t Address: S�? 3 t �v'�: /� �f i1�r L NIc flA 4( �v/4 5v,t,c,1� /iloJ )1-0 Phone No.: CO I- l CO Fax: Email )-4",,i 9 Q ce,AAA ie CO" . / Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent OC) 3. Legal Description of the land for which the amendment is requested Roll# 390/'00000 Concession: Lot: Reference Plan No: Part Lot: >V Street and Municipal Address No.: 1'i(. vl PLANT- t/A16 What is the size of property which is subject to this Application? Area: g 9 v m2 Frontage: 17° m Depth: I y m When were the subject lands purchased by the current owner? Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: J45v I (-I e'er) /Owe1 ycc iles How does the application conform to the Official Plan? Ay, Cd fr"4i vaf or; A. /rJ(v J1"I / I0//eV/7 5. Existing Zoning By-law AIClassification: What are the current uses of the subject lands? / 1 4icJ' ir` I ) ��1�/lcelf t �e y ���'y ��t �/?sJ�t M di cht,pI Plf pr i.,, IL, lc keg,- If eyIf known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks /� 1-acy IvIJ 33. 6Y 1, 0 r-7, 3 71" 392 - St -- cuoier bv,Idi,) �(, L : q 7 ?, 11 74- �s13 S b o a s2 4, /I), 77 33,s '1 /CY, ? 40 0, St ,- 3C V}Q Z c,o 3( 17-Z- ]y,-1 3/m S 9, "z sy sivrcy /IA /odl, u. IA /5.7 ft '1! 1/3 -cl If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended 't A 5rc -iV�. 5 2_ f rv:., J uses _7 cdich� .� 5-vi,��-)x�,v jr . !` •Pv t C do t✓�1 C 07PrJ i ;c. 'deL, O lei fo °$ �j' Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? dIrt el 15 -1 afrett Wed 8. Does the proposed Zoning By-law amendment implement a growth boundary adjustment of a settlement area? /" cl If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be// erected. (Be Specific) Pip (� (Ayr �G wp b4,; /G/i� I 5/ct e7 ( /2.d.isffe r2,E1N�l¢ 710 a(e ii,,ele.h amp 4:h irerrCC r � — C� For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks V-i°r Co ,mo o V oS I` Cl'S Gry 1/3 7 s 11. Services existing or proposed for the subject lands: Please indicate with a 1 Municipality of Bayham Zoning By-law Amendment Application Page 5 Water Supply Existing/ Proposed Municipal Piped Water Supply ( V ) ( ) Private Drilled Well ( ) ( ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ',' ) Individual Septic System ( ) ( Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? AC Er e i9 o /104r 77.,),-ei If not, where can they be found? Storm Drainage rr ded Provisions: c Pew C 4O ,/a24' `ter• / oy/ Proposed Outlet: 12. How will the property be accessed? Municipality of Bayham Zoning By-law Amendment Application Page 6 Provincial Highway ( ) County Road (/1) Municipal Road— maintained all year( ) Municipal Road—seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. -e e Aci co( , L, N'iv1A/e J V j II)21(4 Tr 0..A_ ifeto 71- 04 d ,W 2 / 2 s ( .�� XGA lir ()Av,D I2,0e 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? sc c is / (1--01 Pc-4,v/vi!i/ Ju j J I T-!, 4-1?c"n- AP=- dd 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it will Municipality of Bayham Zoning By-law Amendment Application Page 7 form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council c ti f ri ' Cl 11+'4':2/[ f',4 AV JO ACC-624,h 4,07zr co j,,orf eis r}�i,�, 20. If this application is to accommodate the consent of a surplus farm dwelling, please Municipality of Bayham Zoning By-law Amendment Application Page 8 provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Roll#3401- 911 Address: Zoning Classification: /We, 707v IL- jf./i,L(. , of the .��>n I Cf / lr of � 'J ISA'" , in the county of , do solemnly declare: (i) that I /We am /are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I /we hereby appoint /or-% 1 t- 4 it-- to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature: _r C R fc'Ch4/74" . And I /We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Cana,a Evidence Act". DECLARED BEFORE ME at the: 7PCtl7/a-y; a-// ;A: of Sol, c/h'fl1 OwnerriOwnerAgent 37- in fin the County/Region of L�Gy,;r this 97 day of C-7 7"r')/-'2,-)'- 20 / , . 72 Owner/Agent A Commissioner, etc. D"""°c llt t,,a Comm n@� Deputy Clerk ofthe Corporation of tin MenieiPII t,of,0ay2uana. fl1 9ZLl'if rz.. To whom it may concern <Sa?�vs3c2�-e�� � ..L�,..�i :ia�, 4.en in regards to the building permit/zoning application for the proposed seasonal bunkhouse located at 4964 Plank line in Bayham township, I give authorization to Tony Wall from View- It Design to act as the authorized agent on our behalf. Signature: ole.,"4/1g /44,7„,/ d Date: ad 3 / IP NOTES SITE PLAN CAUTION 171-A MK,Dr THE SMELT PROMO.HAS um BEM Y.AV.VBD PREPARED FOR BUILDING PERMIT us s.WA AREA of SUBJECT PROPERTY-NMI SQUARE MIRES AND LOT GRADING • .w Pmma BUILDINGS U1-:gruff.Posnam m PADu rrn uor PrEAor ASING FOR:MARIIN FRUIT FARM .0•873 SQUARE MEWED UI-.rq.Pau r....AM SIM®.w A.au.rz. EXISTING EAR COVERAGE !!.!N PART OF LOT 14 ▪ ,...,,o,,.A,,........m w<,..... r',-_'„17: PROPERTY.24.11.1 SOYARC 1.11i. CONCESSION 2 '�' Is)-SIII^r.OA.A..is FE H ET XXIII GM AR 1 EA OF EX�NG But MO PROPOSED MEWING GEOGRAPHIC TOWNSHIP OF BAYHAM - i or .ate. o MONO uRA+.e...an mnrcw LCO..w ro.nmYro z m �� .P^•^ .RA1B25Es0UARE NE1RE5 B / MUNICIPALITY OF BAYHAM . s� w bra P" en*r M comma.A WPA PnaPozco inT m+rn..c ,P..x �// COUNTY OF ELGIN AR- _ SCALE 1:400 `^-P...4417=74u ,.DPES!SP 2O� METRIC r''''''''"°5'.' QY.oNO A+Dro.n `"' / 19 # ROAD 9..D..1. Os COUNTY +• T` mm,• ."nw a I :LEV .o ''"A-'''------- .- m IH hC A i1 SI s ,-+A-,SQ OW n-MLOO q:3kM°Y-` .. / EAR• it• '-'I ::::::171 1_ ' 1 � � Ima ry / I / B2 P fm / / iMSTNNCILWAL sa�^M^r mn �? ,� oda N..... 1,^., ;/ '/DNn5;;,,�.. / VN 10 r� / / REHS Ae• "I�" / N.— Al AREA O3 OF 1A I t LOT 14 i COINI.:FySSION /7j y 5 1 I,�O N.w.BA------------"F"" �.` {I a`� q i �o a I ASHES - . 4 �1 ._,I )7.x..,.; RU .ER.N I 1/i PART 11 s ,,, Fr. /"'7 • �' J /� +o ,ice'n;t.. / " ®..A i 0 / GEOGRAPHIC TOWNSHIP •,,.,QF )iA Fimm" / / Os / 11R .n°�'10.+ -____ _-_--Z--a�ZyRrl..--y.`r,.,mn.r .0.,i .,. % ,,AQ- ... ." 1Y r „ . A A�`y ..w .. . N 6 b ,\ eR — .... - m.,.n.. x A.. A I A- _ A % R ux. oAn II A f r r r r cox -'a'R }^ xmmere ,.._vn �__.9.-F[ _4.._ � .w 111.�,n. w.n LOT 14 CONCESSION 2 , P,a, ..c N.m A. A •— .1 aA.4^` FORMER • CANADIAN PACIFIC RAILWAY GEOGRAPHIC TOWNSHIP OF BAYHAM Q COPORICNT2DIBNIW.6TEQBURVEaNGLOX KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 1 PROJEET: OB 16-1254TSPREFERENCE:HFI55555 RHI - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.Z656-2017 BONNEFIELD FARMLAND ONT III Inc. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exception —Agricultural (A1) Zone by adding the following clauses: 5.12.29 5.12.29.1 Defined Area Al-29 as shown on Schedule "A", Map No.14 to this By-law. 5.12.29.2 Minimum Lot Area 2.4 hectares 5.12.29.3 Minimum Rear Yard 4.5 meters 5.12.29.4 Minimum Landscaped Open space 10% 5.12.29.5 Additional Permitted Uses A farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 437m2(4,700 ft2)gross floor area including the basement. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 14 by changing the zoning from Agricultural (A1) to Special Site- specific Agricultural (A1-29),which lands are outlined in heavy solid lines and marked Al-29 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. By-law Z656-2017 2 READ A FIRST TIME AND SECOND TIME THIS 2ND DAY OF MARCH 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK °^+g,t%--1A4 1� SEE SCHEDULE .Y* • .LI,.. A-r7AP ^ No.11 SCPDULESEE H- f MAP VIENNA �df SEE SCHEDULE "x'""^, - A-MAP No.11 , 1 a. L717 IC 4 - .1 u i 1 1 12 r ...t*,.,.. i ' / 0 • LOT 13 i LCT 4' w % m / _OT`S ,I LOT 15 1 7 1 � _ I . LOT 17 i LCT..'(' 1 A1-29 o • z a. In ; // -_' w w Lel r.,�,, I C,r 12 / '.` 1.' I . ..yto i LCT,S SEE SCHEDULE __ I-MAP _ PORT BURWELL I LCT la 7W _ This is Schedule"A"to By-law � " No.Z656-2017,passed the day of ,2017 'F Mayor Clerk MUNICIPALITY OF BAYHAM Legend A. SCHEDULE A 0 ZBLA NORTH MAP No.14 LPRCAReguletionLimit 0 180 60 710 Melres ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date January 9, 2017 From William Pol, MCIP, RPP Project No 3404-642 cc File Subject Official Plan and Zoning By-law Amendment application by Bonnefield Farmland ONT III LTD for lands at 4964 Plank Road To permit a bunkhouse (supplementary farm dwelling) for up to 50 seasonal farm labourers The Municipality has received an Official Plan and Zoning By-law amendment application to permit a permanent bunkhouse facility to accommodate a maximum 50 seasonal offshore farm workers on the existing apple farm administration and storage lot at 4964 Plan Road. The farm workers supply labour for this large farm operation for apple cultivation. The application is to change the Official Plan land use designation from "Agricultural" to Site Specific Agricultural designation and to change the Zoning By-law regulations from Agricultural(Al)Zone to a Site Specific Agricultural (Al-_)Zone in Zoning By-law Z456-2003. The subject lands are located on the south side of Plank Road, north of Glen Erie Line and known as 4964 Plank Road. The property has 170 m of lot frontage on Plank Road and a depth of 147 m with a lot area of 24 848 m2(6 acres). The lands are located between Port Burwell and Vienna. The use of the site is for the administration offices, collection, storage and transport of apples grown in Bayham and shipped to the processing plant in Elmira Ontario, a dwelling and accessory buildings. The proposal is to permit an oversized supplementary farm(bunkhouse) building of 437 m2(4704 square feet) of floor area on the main level and 437 m2 (4704 square feet) in the basement, to accommodate a maximum of 50 seasonal offshore labour.The building size exceeds the preferred building area of a supplementary farm dwelling policy of 167 m2(1797 square feet)of floor area in the Official Plan. Farm workers will be transported daily to and from the various apple orchard locations owned by Bonnefield Farmland. The lands are currently designated Agriculture in the Official Plan and subject to the Supplementary Farm Dwelling policies of section 2.1.10 and located on a County Road. The Official Plan designation abutting this site on all four sides is Agriculture. The lands are currently zoned Agriculture (Al) in Section 5 of Zoning By-law Z456-2003. The zoning on abutting land on all four sides is Agriculture (Al). Surrounding uses to the north is Otter Creek on the north side of Plank Road; south is the former railway corridor now owned by the Municipality and an apple orchard on the south side of the railway; west is a single detached residential dwelling; east is a small farm holding with a single detached dwelling. IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—January 9,2017 The application provided supplementary information regarding the scale of the apple orchard operation. They advise that Vienna Farms Ltd. grows apples on 263 ha (650 acres) of land at eight properties west and northeast of the subject site. Currently, the seasonal labourers are accommodated in several smaller bunkhouses on the existing farms. In their view, the distribution of the supplementary farm dwellings has created logistical and management problems for the farm operation. A more efficient and higher quality of supplementary housing is preferred in one location at 4964 Plank Road. Current Federal farm labour regulations allow the temporary use of farm labour from other countries. Workers are limited to working at farms operated by the sponsoring farm business and cannot be hired out to other farm corporations. It is expected the seasonal farm labour would work exclusively for Bonnefield Farmland. In reviewing this application,we have reviewed the planning justification report prepared on behalf of the applicant; spoken to planners in the abutting Norfolk County about their approach to supplementary farm dwellings and spoken to a farmer about their need for supplementary farm accommodation. While Norfolk allows larger bunkhouse buildings on a case by case basis, they are initiating a planning process to update policies and regulations for this use to apply throughout the County. The farmer commented that they could not operate the types of intensive ginseng, asparagus or cucumber production without seasonal farm labour accommodated in supplementary farm dwellings(bunkhouses). Provincial Policy Statement The PPS 2014 permits and protects farm related uses on prime agricultural land. Section 2.3.3.1 specifically promotes and protects all sizes of and intensities of agricultural uses in accordance with provincial standards. The definition of agricultural use includes accommodation for full time farm help where the size and nature of the farm operation requires additional labour. The proposed supplementary farm dwelling for 50 seasonal farm labourers is for a large scale, operating 263 ha of apple orchard. The proposed location is not used for the production of apples because of the small size of the parcel and the current use for the collection and distribution of apples. No farm land would be taken out of production. There are examples of large supplementary farm dwellings in neighbouring Norfolk, suggesting this is a normal farm practice in fruit\vegetable farming operations. Official Plan Section 2.1 Agriculture Resources sets out the policies for the subject lands. Specifically Policy 2.1.1.2 allows all types and sizes of agricultural uses and secondary uses provided they are permitted, compatible with agricultural uses and do not contribute to land use conflicts. The applicable policy is set out in 2.1.10 Supplementary Farm Dwellings. This section sets out policies for the need, location, size and type, services and vehicular access for this form of intended use. The intent of this policy is to allow supplementary farm labour to be accommodated on the same farmland on which the labour would be employed. This provides the greatest efficiency for location and maintenance of the accommodation by the owner of the farm. Over time farms have evolved into larger and larger farm corporations requiring larger workforces to operate the farms. Supplementary farm labour may be accommodated in the main accessory farm dwelling; onsite in supplementary farm accommodation such as bunkhouses; or they may commute from offsite accommodation to the farm operation. IBI GROUP MEMORANDUM 3 Municipality of Bayham—January 9,2017 The following paragraphs address the specific criteria set out in the Official Plan Section 2.1.10 Supplementary Farm Dwellings: a) Need: The applicant has identified the need through the nature of the apple orchard use which is labour intensive for the pruning, spraying and picking of apples on a seasonal basis. The size of the apple orchards of 263 ha further support the need for the use. b) Existing dwellings: The applicant has advised the existing supplementary farm dwellings have created some logistical and management problems and do not satisfy the needs of the farm operation. c) Location: The requested bunkhouse location is between several of the existing orchard properties providing efficient access. The proposed location is approximately 1.5 km north of Port Burwell which will provide services and leisure opportunities for the farm labour. d) Size and type: The preferred scale for the bunkhouse is 167 m2 (1800 sq.ft) of floor area and one storey in height. The proposal to accommodate 50 seasonal farm labourers is for the 437 m2 floor area above ground and 437 m2 in the basement used for accommodation purposes, for a total of 874 m2 floor area. Note: basement area is not included in the floor area of the building. The total building area is approximately six times the size of the preferred scale.Assuming each of the eight farm locations had supplementary farm dwellings the total could reach 1336m2 of floor area. The consolidation of the supplementary farm dwellings into one site would be less than the combined total of eight sites. There will be a total of 9 bedrooms each with 3 — 6 occupants; shared bathrooms; kitchen/dining area and living room. e) Services: The property has access to municipal water service as preferred by the policy. The Ministry of the Environment and Climate Change must approve the private septic system designed by a qualified engineer where there are 40 farm labourers or more. The Health Unit and Municipality are responsible for smaller size systems. Prior to any Municipal approval,the location and size of the system must be verified by a qualified engineer, confirming the site has sufficient area and setbacks to accommodate the safe operation and maintenance of a large private septic system. f) Vehicular access: The site currently operates the collection and storage of apples from various locations. The access to the County road is flat and on a straight section of road without obstruction. It is anticipated the additional traffic movement of vehicles for farm labourer commuting can be accommodated. Comments from the County Roads Department will assist in the evaluation. Policy 2.1.10.2 allows the Municipality to enter into an agreement for the supplementary farm dwelling for location, maintenance, buffering, removal and period of occupancy. It is appropriate for the proposed large scale bunkhouse to have an agreement to address the municipal and private servicing as well as the removal of the existing supplementary farm dwellings located on the farm operation. The removal of the existing dwellings will help to ensure they are not retained IBI GROUP MEMORANDUM 4 Municipality of Bayham—January 9,2017 and the overall building size of supplementary farm dwellings associated with the operation is consistent with the intent of the policies. After the public and agency comments are received and a public meeting is held, Council may direct staff to prepare and present the Official Plan and Zoning By-law amendment to Council for adoption. Zoning By-law Supplementary Farm Dwellings for the accommodation of supplementary farm labour is not listed as a permitted use in the Agricultural (A1) Zone Regulations. The Official Plan policies require a minor variance to permit this use. Existing single detached dwellings accessory to the farming operation are permitted uses. Since the scale of this proposal is larger than anticipated by the Official Plan or the Zoning By-law, amendment applications to both documents were made. Consideration of an Exception — Agricultural (A1) Zone is the appropriate amendment for this application. The first exception is to add the use"Supplementary Farm Dwelling"to the list of uses permitted in the zone in addition to the permitted uses in Section 5.2. A review of the other zone regulations support the need to have other regulations amended. Lot Area minimum for this zone is 20.0 ha. The existing non-conforming lot area is 2.48 ha. It appears from a review of the site there is sufficient lot area to accommodate the bunkhouse building and retain the existing apple crop collection and storage function. Secondly, the conceptual site plan shows a rear yard setback of 4.98 m for the new bunkhouse building whereas a minimum of 10m is set out in the by-law. There appears to be sufficient lot area to place the building five(5)metres further from the lot line without compromising the function of the site, therefore no change is proposed to this regulation. Thirdly, the maximum gross floor area of the bunkhouse should set out in the by-law to ensure the scale is appropriate for the lot. The proposed building area for both the main floor and basement is 874m2 and should be limited to this floor area. Additionally, there is no identified outdoor recreation area for the labourers outside of the bunkhouse building. Normally for a single detached dwelling the outdoor amenity space is behind the building. Where there is a supplementary farm dwelling with fewer labourers, the outdoor amenity space could be shared with the main residence. Since there is a large number of labourers at one location an identified and regulated outdoor space is appropriate to help ensure the well-being of the labourers both inside and outside of the bunkhouse building. Furthermore, since most of the site is used for the storage and processing of apples and the associated movement of vehicles\trucks it is recommended that a minimum of 500 m2 be allocated for outdoor recreation space, including a designated smoking area. Landscape buffering should be provided in the site plan for the residential use to the north to minimize the potential impact of the new land use. With the addition of these specific zone provisions an Exception to the Agricultural (A1) zoning is appropriate for the development of this lot for a bunkhouse. Site Plan Approval: This application should be subject to site plan approval to ensure the bunkhouse is properly sited, has sufficient landscaping, municipal services and proper turning movements to and from the site. The County of Elgin may require the construction of turning centre and shoulder lanes as a result of the increased intensity of traffic movements. The owner should enter into a site plan agreement IBI GROUP MEMORANDUM 5 Municipality of Bayham—January 9,2017 with the Municipality to remove the bunkhouse building when the apple orchards cease operation to ensure it does not become another form of residential land use. Finally, should this owner\operator have other supplementary farm dwellings on other orchard lands these buildings should be removed because the intent of this application is to replace those locations with the much larger bunkhouse on the subject lands. Recommendations: 1. Council adopt a site specific amendment to the Official Plan in Section 2.1.10 Supplementary Farm Dwellings to permit a farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 880m2(9472 sq.ft.)gross floor area including the basement. 2. Council approve a site specific amendment to the Zoning By-law 5.12 Exceptions — Agriculture (A1) Zone to permit a Supplementary Farm Dwelling to accommodate a maximum of 50 seasonal farm labourers in a building not greater than 880m2(9472 sq.ft.) gross floor area including the basement; with a minimum lot area of 24 848 m2(6 acres); and a minimum outdoor amenity area of 500 m2. 3. That the municipality enter into a site plan agreement with the owner for 4964 Plank Road for the location of the bunkhouse building; septic system; parking; drainage; municipal water service; road access improvements as required by the County of Elgin; buffering and landscaping outdoor amenity space. 4. That the municipality enter into an agreement with the owner to remove the bunkhouse building on the subject lands at such time as the owner does not own or operate sufficient orchard or agricultural activities requiring the accommodation of seasonal farm labour. 5. The owner enter into an agreement for the removal of all supplementary farm dwellings on lands owned and operated by the applicant. WdEüun 201 IBI GROUP William Pol, MCIP, RPP Consulting Planner to the Municipality of Bayham n /� -. 7-- ='� ,/tom /,--- -2 l�J f-ei , /��- r --i-(/- %,,ei -4 .. - ,moi =i gr 1. (/: / L7/G/;-ti r(i c7%fi'z C- //L Cd:--� �A' 1.1r . ,i fiN; r /,i / / r(2 --tl!/ L /- .' ,,:),-,--7- ir/T.7i&���—e'_- -l/' !,tom%j!i/i'.--------,,,-/?_--- ,----1.2 C, ,,,> , i./.."--_„‘"6:74,7 , ‘ C7!` �j_._,�,'e•- vz cid •7---/_e'' .--- _-C� 2-1� 4-�",.A-!z £2- %i--C- r L1/'� ' - : .---14' e'---.(��J Z- -( - 6 ..� e :--C :�._-_- 7,--<-7-5 Gti =�!C'%7 ef:- -72__Pi-2-LY ( . �i.� mss- . _..-1`-'-cam-tom-- 7;72-4- - X -.e --i----' G- r-- = �z4C<I „---e---7.='-----' -----f-'2"----(7_, /��c.� j _-�= �`` -„-:,"7---6%-r:-'2;71'moi c am':..✓% '� -'2`�. "`'c=."- __����--?rte /�'^� "Z �� ?. 'ie��- eJ`/�.;C�.��, l/ ""-- ,� , �"-, "<")�� (.7:f.-1'‘f"<. ,- f- �.4c,' /,.-2 -‹ ,' : e":47-1-- 7,..,:..-„i_,.--> _ `v: G= _(i `f (�-: - i J C' i- 't.'_is L, (- 4:7z----;-7.ti-i,--- - 44 .Yr: -,'.i ...--7-1-,-_=e9:�' / - ��- _ _lice- -' ,,-.:,,--,---...:t.:.1----- - G-'' „-C-e'-':-.7 J 44 ,'' -/ '''s,Q e• ' c 1 ei Bayham Township To Whom It May Concern& all Council Members, ,/;:ingri.. Jan. 06, 2017 I would like to address the council on the matter of the proposed plans for the property beside us known as Martin's Farms which has been renamed Bonnefield Farms. I would like to address my concerns in this letter and also my objections for this proposed project. My wife and I both grew up on tobacco farms and have lived in Bayham Township all our lives. We understand some things change for good or bad. When we purchased our property in 1979, the property next door(the site proposal), was a tobacco farm and then was purchased by Jacobs Farms in the mid 1980's and then in the 1990's the property was either bought, leased or managed by Butland Farms. Since that time, it has been transferred several times. Now we've heard the Teachers Union purchased the land and then leased it back to Martin's Farms Ltd. Now it is Bonnefield Farmland Ont. Inc. I would like to know who owns the land, who owns or leases the apple orchards &who owns the property of the sit proposal and if they have any other lands or are they just a land Holding Corp. Several years ago when the apple barn was proposed, I had concerns of noise and traffic. I was assured that I would not hear the fans on the roof or and access noise. The traffic would be minimal and there would be a few vehicles and trucks per day. Since the barn was build,the traffic has increased drastically by 100 percent and the noise has become increasingly a problem at all hours of the day &night. So much for assurances! The traffic has tremendously increased every year on Plank Road in the last 38 years. Lots of campers headed for the park, boats both way all day long, beach goers, motorcycles, tourists plus regular traffic. The apple farm beside us has 18 farm tractors, 5 trailers, 4 company vehicles plus 4 or 5 vehicles that employees take home each day,. They also have 1 highway tractor&trailer, 2 buses, plus equipment for farm which is about 20 or 30 pieces sitting outside on this site not counting what is stored inside and on their other properties. Now you want the approve the proposal which will add more buses & 50 workers? This will add more vehicles, buses,bikes&pedestrians! This property is situated on a very dangerous curve on Plank Road where there is poor visibility and no signage. Farm related vehicles are in and out multiple times a day, 24-7 during the season. By adding 50 more workers and buses increases the chance for a potential tragedy. We have witnessed several near misses and minor accidents as have many of the motorists using this section of the highway. Has there been any traffic studies done to address these problems? I am concerned for the safety of my wife,children, grand-kids and anyone using the trail which passes within 41/2 meters of proposed site. We have heard of previous unlawful acts in this area involving offshore workers. These are men and could relive themselves anywhere outside! I am concerned over my privacy. It's only 25.7 meters from my property line and trespassing. That's my back yard! I'm concerned about the noise. These are very loud people and the language and profanity coming from 50 men all hours day and night and Sundays & days off! I have to deal with garbage and litter seen around the property and field which blows into our yard which we have to pick up every time we mow. They seem to be accustomed to just dropping everything when they're done with it. I'm concerned with my property value and any future severances or changes that might be made in the future. Other considerations that should be made is the Environmental Contamination! Right next to the old railway line(trail) is used for emptying,repairing and cleaning sprayers and tanks. Old buildings have been torn down and I think a soil sample should be made. The mainline of sewer does not run down this section of Plank road, what size and kind of septic system would have to be built and where? Will the size of the waterline allow the proper supply and demand especially in the case of fires? I'm concerned about"Carbon Footprints"! The bylaw says that 30 % of site can be roofing of buildings,how much more roof space can be added to one piece of property? I would like to know where these workers were housed before? How many workers were employed by orchard in previous years? Where will they be busing these workers and how many times a day will these buses be operating? They say it will be seasonal,we notice offshore workers coming in March and not leaving until November. How long has this farm been Bonnefield Farmland Ont. Inc.? Do they own the property,the cooler barn&the orchard? Do they still own the land the trees are situated on? How many acres do they own? Bayham Township received this request stamped October 03, 2016, I received it December 20th and could not get any information from the township office until January because of them moving to a new location. I would like to add that I would not want 50 people whether it's offshore workers or 50 men in general that have been away from their families for 8 to 9 months living next to me! In conclusion, I talked to all the council members and ask them all if they would like this next to their homes and they all said no! Why should they be allowed to build and live a few meters away from my backyard! I will be attending the meeting on January 19th and I will respond to any questions from council or others if necessary! Please consider my opposition to this proposal! Rick& Cheryl Nevill 4974 Plank Road Vienna, On. 519-874-4249 ,`p j_ AA I {{ t1 fit.. bob 1/15/17,7:05 PM 05- 1 r Bob Heimbuch 4920 Plank Rd. , AN ' / R.R.#2 Vienna, On. /Of 4-71 ,- NOJ 120 t',IONIWAkl.8 ;' ? 1 I am completely opposed to the proposed zoning by-law amendment for Bonnefield Farmland Ontario 111 Inc. (Martins Apple Farm)4964 Plank Rd. Fifty offshore seasonal farm workers are to be housed in a 4704 square foot building. This works out to 94 square foot per person for sleeping,eating,washroom and leisure area. To put this into perspective my bathroom is 88 square feet. Conflicts and noise problems are are guaranteed to arise. Noise problems are already an issue where the farm workers are now housed and in much smaller numbers. To think or hope problems will not happen is foolish. This site is already heavily congested with farm tractors,trucks,equipment,a house,work building and a massive oversized apple barn. This application wants even more buildings and more vehicle traffic and a larger amount of people to a already congested area. Plank Road around this area is very winding and hilly. I have personally witnessed many incidents where tractors or farm workers walking or on bikes create traffic problems. What will happen when more vehicles and 50 more people are added to this problem. Eventually something will happen. Where will the garbage and sewage go? The area behind this location is already littered with garbage. I regularly have to clean garbage that has blown or thrown into my tree line. This area does not have town sewage. Some information off the internet and a current personal water billing(4 cubic meters/month)will show that a septic tank for 50 people should be at least 3000 gallons. The tile bed for this system will have to be well over 10,000 square feet,this is massive. There is simply no room. The letter I received in the mail has the proposed bunkhouse at 437m squared. The professional survey of this proposal that I obtained has the bunkhouse area at 536.5m squared. This is a huge difference. Which one is correct. In the fall of 2016, I had a major issue with this apple farm. The problem seriously affected my hearing and health. I spoke to Ken Martin about the problem,but nothing was done. It took me well over one month, many phone calls,the intervention of two OMAFRA engineers and threats of involving a lawyer to resolve this problem to a tolerable level. I will add that although I requested help from the Municipality Page 1 of bob 1/15/17,7:05 PM of Bayham absolutely nothing was done. I will not let a similar situation happen again. Even more mind-boggling there was a ready made muffler system that should have been installed when the new equipment was put in. But he chose not to install it which shows me he does not care about his neighbours or the people working there. Around two years ago I also made a formal complaint about garbage being dumped along the old railway (power line corridor)and not to my surprise nothing was done. My point is when serious noise problems or traffic problems or garbage problems or environment issues arise. I surely cannot count on Martin's Apples Farm to do anything and unfortunately I cannot count on this local government. Please note that the owners/part owners/operators of this corporate farm(Ken Martin and Leighton Martin)do not live on this farm, or in Bayham or even Elgin County. Myself and all the other neighbouring taxpayers that actually live here will have to deal with all the problems this will create. ;.i a e ;14/7 Page 2 of 2- Municipality of Bayham P.O. Box 160, 9344 Plank Rd, (-'f Straffordville, ON NOJ 1Y0 4 ' -� � om Tel: 519-866-5521-Fax: 519)866-3884 I'°'vtimity 19Email: bayham@bayham.on.ca BY-LAW COMPLAINT FORM • Location of Violation: 911 Address (in full): (74-(1l`; / 'r)Jc Id' Village/Hamlet: R � 2 0 ! Th a Name(if known): / &k///� c ,A/1') Particulars f Comments: (Use Reverse Side of:Form,if necessary) -. Mite r � ��'� i�. ! 1.- -c_L.eek eirOrni Z X51 e , r/1 l 5 7 V i^r % 5 2 cl �'lrS vv oL 4, / I J / C)D•� r 1 l u` ar GI 1-)71 ( AOLY �A 1 S 6'l L' 7, /3 • A 14 //_-)/ 1 9/ Complainant's Information: (Please fill in all information) Filed By( first&.1 st name): Address: \---AeorymiiNc2eL . catt.- \< City: Province: Postal Code: Phone No: TR2 \cert- o i ac, so ^ 2- `�- E-mail: Date Signature: C, The Personal Information contained on this form is collected under the authority of the Municipal/PlanningAct,will be used for compliance purposes and retained in accordance with the Municipal Freedom of Information and Protection of Privacy Act. 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FektertS 4440(' • . . 1cCra- ) •f Le./5174-0A tiat-4*. ...___. . _..__._ . _._...__.... _ _ . _ _ - ❑❑❑ CIVIC PLANNING SOLUTIONS INC. �C 00 CI ❑❑❑ Urban & Rural Land Use Planning ❑❑ .❑❑ 599 Larch Street, �-� J\ Delhi, Ontario N4B 3A7 PE C El � February 15, 2017 FEB� 1 5 2017 Memorandum d1 MUNICIPALITY IMAM To: The Mayor and Members of the Municipal of Bayham Council From: David Roe, MCIP, RPP on behalf of the Applicant Concerns Expressed Regarding OPA/ZBA Bonnefield Farmland ONT III Ltd. 4964 Plank Road Concern Response Concern regarding safety of hikers using There is no indication that the proposed the trail behind the lands. use will pose a safety concerns for those using the walking trail. Concern expressed that use will be too There is one dwelling located north of close to neighbouring residential the site. Buffering can be included as dwellings. part of the site plan approval. Concern regarding increase in traffic and The County has advised that they have concerns with access to the site. no concerns regarding traffic and access regarding the proposal. Concern regarding noise created by the Buffering will be included. occupants. Concerns regarding existing The applicants follow the MOE environmental contamination related to guidelines regarding handling cleaning the sprayers etc. agricultural chemicals. Concern related to the capacity of the There is no indication that this is an waterline to accommodate the proposal. issue. Concerns regarding number of trips will The County has advised that they have be made by busses leaving and going to no concerns regarding traffic. the site. Concern that the site is already too Buffering can be included as part of site congested. plan control. Concern regarding garbage and litter. The site plan will include provision for garbage and site conditions. Concern regarding existing noise coming The applicant will work to reduce from equipment coming from the site. existing noise issues.The site plan can David F. Roe, M.C.I.P. R.P.P., Principal Phone 519-582-1174 email:dfrfez@bellnet.ca Fax 519-582-4616 address this issue. Concern regarding the septic system to The septic system will require a MOE accommodate the proposal. permit. I am satisfied that most of the concerns expressed can be dealt with through the approval of a site plan for this proposal. David Roe, MCIP, /6) Municipality of Bayham Public Participation Meeting Record January 19, 2017 Name: Address: 1. David Roe Delhi 2. Leighton Martin Waterloo 3. Ken Andrews Straffordville 4. Keith Underhill Vienna 5. Pete Wiebe Port Burwell 6. Rick Nevill Vienna Municipality of Bayham BAYHAM DRIVE BRIDGE CLOSURE Municipal Class Environmental Assessment NOTICE OF COMPLETION 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,load rating limitations 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. Bridge replacement is not considered cost-effective,as there is minimal traffic on the road and alternative routes are available. 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 section of the Trans Canada Trail that extended across the Bayham Drive Bridge will be relocated to a new route along Carson Line, Elliot Road and Pressey Road. 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. Subject to comments received as a result of this Notice, and the receipt of necessary approvals, the Municipality of Bayham intends to proceed with this project. Project information is available at https://www.bayham.on.ca/pages/public-consultation and at the following location: MUNICIPALITY OF BAYHAM Phone: 519-866-5521 56169 Heritage Line, PO Box 160 Fax: 519-866-3884 Straffordville, ON NOJ 1Y0 E-mail: consultations@bayham.on.ca Interested persons should provide written comment to the municipality on the proposal within 30 calendar days from the date of this Notice. Comment should be directed to the Chief Administrative Officer at the Municipality of Bayham. If concerns arise regarding this project, which cannot be resolved in discussion with the municipality, a person or party may request that the Minister of the Environment and Climate Change order a change in the project status and require a higher level of assessment under an individual Environmental Assessment process (referred to as a Part II Order). Reasons must be provided for the request. Requests must be received by the Minister within 30 calendar days of this Notice. Minister of the Environment and Climate Change 77 Wellesley Street West, 11th Floor, Ferguson Block, Toronto, ON M7A 2T5 and Ministry of the Environment and Climate Change, Environmental Approvals Branch 135 St. Clair Avenue West, 1st Floor, Toronto, ON M4V 1 P5 and MUNICIPALITY OF BAYHAM Phone: 519-866-5521 56169 Heritage Line, PO Box 160 Fax: 519-866-3884 Straffordville, ON NOJ 1Y0 E-mail: consultations@bayham.on.ca If there is no request received by MONDAY, MARCH 20, 2017, the Municipality of Bayham will proceed to final design and implementation for the Bayham Drive Bridge closure and removal, as presented in the planning documentation. Please note that ALL personal information included in a Part II Order submission-such as name,address,telephone number and property location- is collected,maintained and disclosed by the Ministry of the Environment and Climate Change for the purpose of transparency and consultation. The information is collected under the authority of the Environmental Assessment Act or is collected and maintained for the purpose of creating a record that is available to the general public as described in s.37 of the Freedom of Information and Protection of Privacy Act.Personal information you submit will become part of a public record that is available to the general public unless you request that your personal information remain confidential.For more information,please contact the Ministry's Freedom of Information and Privacy Coordinator at 416-327-1434. This Notice issued February 17, 2017. Paul Shipway, CAO Municipality of Bayham SOUTH-WEST LOCATION MAP OXFORD TOWNSHIP � � PROPOSED pRESSEY ROAD • DDriV CLFARV�E TO-WN OF -® BAYHAM DRIVE i f' / TILLSONBURG _ BRIDGE CLOSURE i .............. GREEN LIN MUNICIPALITY OF BAYHAM SNP' 6 co ; •• a MUNICIPAL CLASS o I a ENVIRONMENTAL ASSESSMENT BAYHAM�O•a �o o Lu I DRIVE •••?2F ��,� :)/CC2P‘)- ••••,.......,BN \,. / BRIDGE �- CORINT- EST LINE i �► t '� J �� o //yy� N • V 0 CAR LINE v� NORTH Q i -- NORFOLK HALLIS I \ -PT COUNTY PETERS Cm pir • I I ...*.% O EDEN LINE co EDEN '� Geo SHADY LANE �•�.. ': -L IL,U N I CI PA LI/.. ' -16\. , ___„-----' t ORANGE HALL RD. ►��� LINE ; BALDWIN ' ....•••�� LINE ® LNROVERIDGE �� Q ,•••�,.�!• E 4.0 \ 461 / W J';%BAYHAIM L. q WEY � VINCENT Lai � _I O / •e HO D G / :'a<� ....:"'".•.OW LINE RICHMOND O PQ�,�// :'tiF 'Z • 1 LINE 5Thi •1.Q, ' Q BLACK •• :Pt •}�-o QO BRIDGE '7, 38 (. . .Z fY �O LINE 0 ao STRAFFORDVILLE LU "•"•,,, fY \-cO. LINE 17- 38 N � w � / ct = o fn , 0 . e w r 551 MUN. ROAD-ASPHALT ix w i� - MUN. ROAD-TAR&CHIP U¢' < ��S LIN-- MUN. ROAD-GRAVEL 19] �,,M ��-0 ------ - ROAD NOT MAINTAINED /— Q LANEWAY �L`/cs0 gO 0 PROVINCIAL HIGHWAY �` L/N. w ELGIN COUNTY ROAD ��,4 } d SPRIET ASSOCIATES �� 0 216138EAAO2F01-2017.02.03 %a,* 0 COUNTY OF ELGIN AND MUN.OF BAYHAM MAPPING • d MAP FEATURES AND SCALE ARE APPROXIMATE �` 0 KILOMETRES 4 CO o ice%` I I I I I o� ROAD WIDTHS SHOWN ARE NOT TO SCALE \ ,'� rioN 'BORIC UL..Ug You are invited to Elgin Federation of Agriculture's Policy and Pie Farm Ecology "Farm Ecological Services for Elgin Farmers" March 8, 2017 2-4 p. m. Union United Church 6008 Stone Church Road, Union Guest Speakers: Betsy McClure—Elgin Clean Water/GLASI/KCCA Dave Reid—Elgin ALUS Graham Decow—Elgin Stewardship Pie and coffee will be served RSVP by March 3, 2017 519-633-0114 or office@elginfarmers.ca tiLGlly ACUS �` . p OGT R Canada N`'g... G— �WestonFar�i�y tP�rt;at;.�e euscopesor houe — a house WELCOME TO THE EXCITING 2017 SEASON OF PERISCOPE PLAYHOUSE Patron of the arts: noun, someone who supports charities, organizations and individuals who work in or concern the arts, especially within one's own community. Does it really make any difference if you support your community theatre?The answer is yes, absolutely. Periscope Playhouse in Pt. Burwell contributes not only to the arts, but to Bayham as a whole. As community theatre, it is a place of new discoveries and life-long learning. It can open one's eyes to a new hobby, a new relationship or a new path in life. Not only do we contribute to the arts in our community, but we also feel we pass along many important skills such as teamwork, problem solving and confidence in public speaking. It strengthens our community's overall social environment, and is a safe place for people of all ages and experiences to come together to work together toward a common goal.To date, we have over 120 members and our numbers continue to grow! Many people from your community volunteer for each event, whether it's selling coffee, playing host, building sets or working back stage, sharing in the experience of a successful and rewarding performance. Everyone is welcome! But, the reality is, none of this could happen without the support of donors and sponsors like you who want to be part of keeping our little theatre an active and vibrant part of our community's growth and growing excitement. With your support and encouragement, we have now realized our primary goal of securing a permanent home for Periscope Playhouse located in the old Scout Hall across the street from the Legion in Pt. Burwell. Our doors are open, but we are a work in progress. Attached you will find our 2017 Sponsorship/Patron Package that highlights the upcoming season and the three exciting new productions we have scheduled, as well as what's new and exciting in our world. Please take a little time to consider making a difference in,to and for your community. We so look forward to hearing from you and to entertaining you this season. Regards, Your Periscope Playhouse Operating Committee--your neighbours! PfISC hyhP R ppp ar'srnpa . layhousa Periscope Playhouse Cultural Centre, Pt. Burwell Pledge Opportunities for 2017 Our Mission: We are a not-for-profit corporation dedicated to promoting and facilitating local theatre performances and cultural activities that enrich the community, while supporting and enabling community involvement and engagement in a positive, innovative and inspirational social environment. Your pledge does matter: Your generosity helps promote theatrical arts and projects in our community,while demonstrating your commitment to and direct involvement in the overall enrichment of our community. Together,we absolutely can and do make a difference. Three exciting plays are scheduled for this season: Gangster Movie(Feb. 24 to Mar. 11); 7 to 10 Split(June 8 to June 25); No Tell Motel(Oct. 12 to 27). Be sure to check out our website at www.periscopeplayhouse.ca for more details. Our financial goals: We have established a building fund for our recently acquired facility in Port Burwell. This involves the ongoing process of upgrading the building to a fully functional, accessible, attractive and comfortable centre for everyone's use. Thanks to the generous involvement from the community and businesses alike in 2016, our doors are open for business in a limited capacity. There is still much to be done, but we're well underway.In addition to our annual productions,the Centre is also being used for educational activities for youth and adults to expand their knowledge of the arts; for children's activities such as Cubs, Scouts and Guides, as well as other organizations throughout Bayham. If you have a function or meeting you'd like to host in our facility,simply ask and we'll work with you to make it happen! How else does the Cultural Centre make use of your pledge? The costs of producing shows, such as royalties, scripts,props,costumes, advertising, lights,sound, set construction and makeup, continue to increase.Did you know that non-musical community theatre plays can cost$8,000 to produce; that musicals can cost$13,000 and up; or that a professional show is closer to the $30,000 range? Periscope Playhouse Cultural Centre offers a variety of pledge opportunities so that everyone, from large companies to individuals, can make a difference. Here's how: Pledge Opportunities (Season's Pledge: $4,000 Proclamation on board in lobby throughout season Mention of your business in all advertising and media 20 complimentary vouchers Mention in onscreen credits prior to each performance Production Pledge: $2,500 Proclamation on board in lobby throughout production Mention of your business in all production advertising and media 12 complimentary vouchers Mention in onscreen credits prior to each performance Media Pledge: $1,000 Proclamation on board in lobby throughout production Mention of your business in all production advertising 10 complimentary vouchers Mention in onscreen credits prior to each performance Admiral: $2,000 -Mention of your name in Lieutenant: $250 -Mention of your name in show programs for season show programs for season -Acknowledgment in -Acknowledgment in onscreen credits prior to onscreen credits prior to each performance each performance -Eight(8)complimentary -20%discount for up to 4 vouchers additional ticket purchases -20%discount for up to 20 -Priority notification and additional ticket purchases invitation to special events -Priority notification and -The satisfaction of invitation to special events -The satisfaction of personally supporting the personally supporting the arts in your community arts in your community Commodore' $1,500 -Mention of your name in Chief Petty Officer: -Mention of your name in show programs for season show programs for season -Acknowledgment in $100 -Acknowledgment in onscreen credits prior to onscreen credits prior to each performance each performance -Six(6)complimentary -20%discount for up to 2 vouchers additional ticket purchases -20%discount for up to 10 -Priority notification and additional ticket purchases invitation to special events -Priority notification and -The satisfaction of invitation to special events personally supporting the -The satisfaction of arts in your community personally supporting the arts in your community Commander: $500 -Mention of your name in Petty Officer 2nd -Mention of your name in show programs for season show programs for season -Acknowledgment in Class: $50 -Acknowledgment in onscreen credits prior to onscreen credits prior to each performance each performance -Four(4)complimentary Acknowledgment in vouchers onscreen pre-show remarks -20%discount for up to 10 -The satisfaction of additional ticket purchases personally supporting the -Priority notification and arts in your community invitation to special events -The satisfaction of personally supporting the arts in your community -Mention of your name in Special Friends Of show programs for season Periscope -The satisfaction of ersonally supporting the Playhouse: arts in your community (donations of less than $50. And yes, even $1 can make a difference!) nrEs[vo n layl . arlay�ousn Pledge Form Please complete the information below and return via email to: periscopeplayhouseinpb@gmail.com Contact name Business Name Billing address Mailing address Phone Fax Email Method of payment: Paypal Cash Cheque Pledge Level: (please indicate one of following) Season's Pledge Production Pledge Media Pledge Commodore Commander Lieutenant Chief Petty Officer Petty Officer 2nd Class Special Friend Elgin. Office of the Warden February 14, 2017 Hon. Mitzie Hunter, Minister of Education Mr. Matt Reid, Chair 22nd Floor Mowat Block Thames Valley District School Board 900 Bay Street P.O. Box 5888 Toronto, ON M7A 1L2 London, ON N6A 5L1 Dear Minister and Chair: Elgin County Council considered the attached delegation material and adopted the following resolution at its meeting held on February 14, 2017: "WHEREAS the current Accommodation Review Process is not reflective of the reality of rural school and community life; and, WHEREAS EPAR01 does not take into account all available capacity in assessing the need for a new St. Thomas School; and, WHEREAS across the province municipalities and counties are calling for a moratorium on the closure of rural schools; BE IT RESOLVED THAT the County of Elgin agrees that EPAR01 should be broken into two pieces, one that supports the need for a new Belmont School and one that assesses the need for a new Southeast St. Thomas School. We further call for a hault on rural school closures in Elgin County until such time as the funding model can be reassessed to include all schools (not just those in the study area) as well as to incorporate elements of resource conservation and economic impact on rural and community life. - Carried Unanimously, (signed) Warden Grant Jones" Please accept this resolution as the County of Elgin's official position on this matter. Yours truly, Grant Jones, Warden Enclosure cc Laura Elliott, Director of Education, Thames Valley District School Board James Todd & Chris Goodall, Thames Valley District School Board Trustees County of Eigvin Administrative Services Heather Derks, Sparta Public School Alliance 450 Sunset Drive Local Elgin County Municipal Partners St.Thomas,ON N5R 5V1 Phone:519-631-1460 Jeff Yurek, MPP, Elgin-Middlesex-London www.elgincounty.ca Progressive by Nature '; -. - - f N ,SAVE KEF OUR p ,SPAR-5, RUL k °• '.. ••,,, ., .rs It-W .-' A 447' ilik ' el1411.11: ' -re'_66;4:edi SpAfSTA r}i1rU1 rnrrrr_ �, Jr . a .,-.4N/L. r"Jk iti" 11111 /1 a. AV '.2106 • '- . ' . Sau` . ,. . .. . 4Plirr 1 'lik Ill , _ ., is " ,k- Sr a it .. i x,---.;,it r __ �ra� . _ tar ilm vt •� __ T r l F p a' U ARTA I M y j 41: � � Hdlrfi� ' PAR-igsvAr A - -' ' - SAVE 1511 - il ,It , K. � P K i ouR ' . . } ' School Opel). SClltiUl_opal - �yE© ks�Q,,�ii`�y i yn Request or Suppor FROM SPARTA PAR COMMITTEE Presentation Overview ► Part One - Sparta in the EPAR01 •Heather Derks, PAR ► Part Two - Province Reacts to the PARs committee Chair ► Conclusion ► Request for Support from Elgin County Council SPARTA UNION PE18uc SCHOOL • II S 4,101t, j' 4_ '+ 161,441H e. �` �.../rtetisk°41 ;4.Sparta in the _ r .� EPAR01 - Ng ��ire ; _x44 o Part One - While we support the need for a new Belmont School, ► TVDSB Senior Admin recommends the we don't believe that closure of Sparta PS effective June 30, Thames Valley District 2018 School Board has proven the need for a ► 242 Sparta students to be relocated to new Southeast St. Port Stanley Thomas school at this ► July 1 2018 Sparta School becomes time. Second French Track school for Elgin County EPAR01 Southern Region Pa'yines1Mills �'azok. 1. y' ®f} . d ma ''1' r ' •, ` ; 451 ,, C. }- J, '"' New Sarum 7%" 1 • _� ;.:_ ;� , . U Yarmouth':Centre..,,..j_ Sar _. Ii_t Over Capacity Schools: p Y M Pierre Elliott trudeau 1/5 w - Mitchell Hepburn 73 ter � � � � � ®- s� . 'ElginCourt 14 i a - ME heli Hepb, mn ,u3, PETFIPS 175+/ w �dd�lemarch .,;„it \Iv � ' � � � �� ° Total 248 „, , t ri,. _ till •`• r 1000 Lyn dale �1' . Under Capacity Schools: al- p Y • .. , Elgin Court 147 1--.ft _ Port Stanley 235 40 ~� * rr Sparta PS 60 Whites - kt1/4 .*, �h— Total 442 .11 I 114” ' 4ii— . th. -', %n;on Lawton'sc,Carners f Since enough pupil places currently I L a Sparta Public School +60 exist for the students that are `� I overcapacity, a solution can be oft,' w $temorr-Rd---____Th'' : I �- found without the need fora new p Southeast St. Thomas school Why areSparta and New Sarum beingclosed ? , . . _, "Paynes Mills '� t p� .T ,, 4 ,•- -«7I - New Sarum *7r 1\VitySt'Tnornas ' r. r_.:. . - k 4�, m.Yarrr outh°Centre.._Hew Sar \ , ry� The Ministry of Education Funding Model Pierre Elliott irlade�u 175 _ advocates consolidating schools. By closing Elginaurk . 14� Mitchell Hepburn 7 , r New Sarum and Sparta, TVDSB can get M�ddlemarch •, L-\ 1 p a funding for a new Southeast St. Thomas super Lyndale • . e' school. On paper they can then cross off k projected renewal costs. w 1 _, f _ 40: I r. . , ' ;t We argue that EPAR01 does not give an ('i. ..: ' Whites .- \10 i ": " Tom iilk accurate picture of the need for this new %asordihrip_ school because available capacity at Elgin r. '` '%Union " , Lawton's Corners Court has not been included. _,, y Sparta Public School +60 ."Fil 0 &A pj , ' ''' rtai _ 4, . 411 tr 1 m I:+ 4 CS kijilir Kvi, f +�^ , _0 il rte- ort Stanley Public School + 35 , r� A . Fl over flow was addressed in the TVDSB PETFIPS Accommodation Review (Jan . 2016) (tvdsb/pianning.on.ca) OPTION I OPTION I Port Stanley PS: Port Stanley PS (Senior Administrative Recommendation) Option .1 Enrolment and Capacity )English track attendance area as well as Southeast St. Thomas Holding at Port Stanley Port Stanley PS- Proposed Enrolment and Capacity PS and grade structure remains status quo400 (2010-2023) mi miiihmit FI=190 FI=F1=171Becomes an interim dual track PS ��° Fl=167 TVDSB planning 300 recommended and ) French Immersion grade structure becomes 200 7!8 and EXT 7/8 11111111 implemented the Fl 150 - yFrench Immersion attendance area for Port 100 overflow at Port Stanley, Stanley PS will mirror Pierre Elliott Trudeau Fl 5D PS (Elgin County) r m �_ • "' -� providing data that N. N. N. c �A N. �c ° ., 9, �c• �C �C �O �1r� s HCl �4 C) fid, d. ©. C) Ct'4 roved i t viable . , Capacity Holding • New Development p ■French Immersion a Existina Community • Historical Community APPEND Port Stanley Option Enrolment and Capacity The TVDSB has stated that as Sparta is not equipped with Municipal Water and Sewer, that Port Stanley should Port Stanley PS- Proposed Enrolment and Capacity remain open and Sparta close (2010-2023) because Port Stanley has more 400 potential for population growth. 350 FI=i 90 FI=171 FI=167 • V 3o0 250 200 I I I I I I The red area on this 2015ra h g p 150 demonstrates the enrolment growth from new development in Port Stanley 100 that Planning then anticipated up to 5D I I I, - 2023. The red area is very small. 1r 1.0 clor Capacity Holding • New Development • French Immersion Existina Community • Historical Community Southeast St . Thomas Holding Zone crest • rkPS . 1tl _< A 1 F Aoi�III�NPoII#Ik TMLI tu ,,,. E db, �I--`- �W i c i ► The green area represents the Southeast qj � �� St. Thomas Holding Zone i �, 11 . :`..,i14 if:',. ► PETFIPS ARC concludes that both the Fl 11 I «r� k€ I f (;: is "�I� I�I° ` 1 li\il1ic1� ell _ overflow and most of the new rowth L II 9lflgll714f� "4 g 11 11�►:;�# j; )I.:i1�: 1' ;I li Holding Zone students can be Mitchell ll accommodated at Port Stanley Public s lI burn PS School. (See previous slide) . Ge__ - � in ► We are going to request that the lower . r half of the green space be allocated to e nIMIIIIY'lif.Jiir I€IIEIIHIfY{(Y IIIIII[ilililfll4;l{plllilll311tlE11 11 Sparta since we have existing capacity ... and the boundarylines adjoin' € . Pi r51e 41 r=- --` gig€ 2 E.iWit 5�,I !F LE ! l;l a FI E Mitchell Hepburn 9 S Over Capacity , J , ,, . 1 New Sarum +71r -..-..st*T.h o fTla S As the Fl overflow was already w-', 4111-'.., .... iffign—iiutirC C I 1 t re' c.r\I e*'S'a Cmi lir resolved by the PETFIPS ARC, Mitchell Pierre Elliott TrudeCi a -175 g , ati , ,,... Hepburn being over by 73 is the \'Elgin Court +147 ON ' 73t1' ‘sif .,114 1 , Mitchelt Hepburn - . .. . ' 1 board 's only justification for closing New Sarum and Sparta to build the ILynciale UT New Southeast St. Thomas school. Elgin Court PS, just 1 .7km away, has -' I. i 147 empty pupil places, ample room . 1 (Whites , for 73, but Elgin Court is not included in , this review. Vs* cUnion Lawton'scCorners Sparta Public Schopl +60 T _ . ._ OUR PROPOSED SOLUTIONS: 1 . MITCHELL HEPBURN OVERFLOW APaynes Mills , � 'ilii w C, _ CAN BE ACCOMMODATED AT New Sarum ELGIN COURT SEPT. 2017 (74 PUPIL StT�harnas f-�.-� �-��1'a�rriouth'Centre.�`fVon� Sart_ \\. ".""' . PLACES REMAIN FOR FUTURE GROWTH) Pierre Elliott Trud eau -175 \ r EFgin 'Court 1147 Kitchell Hepburn -73 Medddlemarch Iii, f% AI 4 d,,, Lyndale Y 2. PETFIPS OVERFLOW REMAINS AT 4, "4",..4 _ PORT STANLEY, AS DOES NORTHERN itimx., ,v HALF OF HOLDING ZONE rq A{ ,lit . 'lit 3. SOUTHERN HALF OF HOLDING ZONE VIIV `-, + F IS REALLOCATED TO SPARTA (-union -0410, 'i Lawton`s�,Gorners 4. OVER CAPACITY IS DEALT WITH, Sparta Public Schaal +60 ° � GROWTH IS ACCOUNTED FOR AND wnvon•Rd �.� �m °' -'4,..!!-"IL•4' UNDER CAPACITY FUNDING ISSUES ,. ARE RESOLVED AS WELL `ort Stanley Public School +'235 �- r� , ' 0 2016 Census Program release schedule Part 1 Summary Release dates, 2016 Census Program The portion of the EPAR01 that pertains to Release date Release topic assessing the need for a new Southeast St. February8, Population and dwelling Thomas School should be postponed until 2017 counts a PAR that includes the available capacity May 3, 2017 Age and sex at Elgin Court can be conducted . Type of dwelling May 10, 2017 Census of Agriculture This would give the planning department August 2, 2017 Families, households and access to data from the Long Form Census marital status due to be released over 2017. Language (existing enrolment projections are based on 2011 census data .) Province Reacts to Pupil Accommodation Reviews PART TWO, SPARTA PAR COMMITTEE DELEGATION TO COUNCIL From The Across the Province, Weekly News, officials from all levels of Jan. 23 2017 government object to the "Ontario's auditor PAR Consolidation Process general recommended in 2015 The Auditor General wants the ministry allocate the Ministry of Education to two-thirds of its capital priority funding to focus on maintaining renewal needs and existing schools, not maintaining existing schools, not to build building new ones new infrastructure" The motion reads as follows: That, in the opinion of this House, the I ` Government should place a moratorium on rural school closures and suspend Pupil Accommodation Reviews until it has developed a long term plan for rural education by consulting with all local rural school boards, school communities, students, and municipalities and that it considers the value of local education, ensures students receive a quality education that includes access to important extra-curricular activities and after school employment, and that it establishes a stable, sustainable funding formula for rural areas. MOTION BROUGHT FORWARD BY MPP JIM MCDONELL NOVEMBER 1 2016 A Motion calling for a moratorium on rural school closures has been brought before the House of Commons ( MPP Jim McDonell , 11 /01 /2016 Municipalities Call for a Moratorium on Rural School Closures in Ontario - Headlines ► "MPP, Sudbury Parents Demand Moratorium" - Sudbury Star, 11 /23/2016 ► "Locals to Rally for School Closures Moratorium" - Owen Sound Sun Times 11 /17/2016 ► "Group Renews Call for Moratorium on Rural School Closures" - blackburnnews.com/London 01 /20/2017 13? ► "Moratorium Calls Renewed For Rural School Closures" - The St. Thomas Weekly News 01 /23/2017 ► "Dufferin Politicians Demand Ontario- Wide Moratorium On Rural School Closures" - Orangevill.com/news 01 /17/2017 ir From the Office of the Clerk. Arm. The Corporation of the County of Prince Edward 332 Picton Main Street.Picton,ON KOK 210 From the Office of the Clerk TheCounty T=fi13.47fi.2148x 101 I F:B13.476.5727 The Corporation of the County of prince Edward •r-, .E cle7ks,`gpecou9tg.°.or.c3 I www.thecounty.ca 332 Picton Main Street,Picton,ON KOK 2TO TheCounty T:613.476.2148 x 1021 F: 613.476.5727 Itreuttca..ls.c.f$ ss cle-ks©pecounty.or.c 1 '.ww.w.thecdunty_ca January 26, 2017 THAT this resolution be circulated to Premier Kathleen Wynne, OMAFRA Minister Jeff Leal, MPP Todd Smith, Hastings and Prince Edward School Board, Community School Alliance, and all municipalities in Ontario. CARRIED Re; Request to Minister of Education to Initiate immediate Stay of Execution on the Accommodation Review Process Yours truly, aeet Pease be advised tat, at the regular meeting of Council for The Cor.00-ation of the County of Prince Edward held January 24, 2017, the following mol o•ry, was passedt Kim White Clerk Motion 2017-32 Moved by Councillor Roberts Copy: The Honourable Kathleen Wynne, Premier of Ontario Seconded by Councilor Gale The Honourable Mitzie Hunter, Minister of Education WHEREAS the current Accommodation Review Process is not reflective of the reality The Honourable Jeff Leal, Minister of Agriculture Food &Rural Affairs of rural school and community life; Todd Smith, MPP Hastings-Prince Edward Hastings and Prince Edward District Schoo Board AND WHEREAS school closures impact single-school small rural communities in all Community School Alliance educational, social and economic aspects to a far greater degree than those impacts Association of Municipalities of Ontario (AMC) in multi-school urban communities; AND WHEREAS the Board of Education has initiated an unachievable timeline for the proposed transition plan and will have a negative impact on the health and safety of the students; Prince Edward County calls for "an BE IT RESOLVED THAT the Municipality of Prince Edward County requests the Immediate Stay of Execution on the Minister of Education initiate an immediate Stay of Execution on the Accommodation Review Process until such time as a review of the above mentioned impacts on small Accommodation Review Process" rural communities can be studied, completed and the results and recommendations be considered; and ONTARIO UNI IPALITIE WITH COMMUNITY SCHOOLS ALLIANCE RESOLUTIONS _`--- ■- Q _ ___1/ . Firm.6 1.7:71Til 7' -r 11111 LaurSigenor I Boaz.Darts 1 ' Michigan 1 45I ..„1-'-'----\1 ' ' ii..i.<40 . , iihn _\ jo Legend ,_ - _ . 4, -. 11111 r.:�frt) Harm , li L Tier Municipality with CSA Resolution 1 ile if Upper Tker Municipality with CSA Resolutkrrii )? iivis' -•`, Iiiii i 4- . - ). . _,, r 4 . �lt�ni��oal Organization with CSA Resolatiori Ni 4 . l 100 200 'I) �.., Fes' = 4 J E� The Community Schools Alliance is calling for a "Smart Moratorium" on rural school closures. In some cases, closures and consolidations do make sense. By proposing to split this PAR so that the Belmont school can proceed and the new Southeast St. Thomas school is placed on hold, SPARTA PAR committee is making a recommendation that is in alignment with what the Community Schools Alliance advocates. " OAASC Calls for Ontario Alliance Against School Closures Moratorium on represents more than 885,000 Ontarians Rural School who are calling for a revamp of the Closures" funding formula. JANUARY 23 2017 "Over a 15-year duration the transportation grant has risen an average of $17.9 million annually. The upcoming proposed school closures will trigger a rapid escalation in Pm, transportation needs and costs, especially in rural Ontario." 3__ • -Susan Mackenzie, OAASC z ., .,.:11., . . . .:.40, "_:;.40„.:4111._____ ____...444 . ......:1.... ...Bus „ . _ _ SCHOOL ,, 70,1. ,, . , ”. ... • m 1 1 1, i . i titi ______-7,- ,, ..... ar_ ., *AN.. E AN INCREASE IN r- TRANSPORTATION COSTS CORRELATES WITH AN INCREASE IN EMISSIONS e.. .aim imi may' dmo-- 110'r a lm MI mi` ' , imig mg Imr ION inuomm• _ Financial ,... . d,__ _ v _. If : .- - . . _ .. .... .....i+ , . k a' talilliMir I. Mitt ". ......,..._ considerations Iiel C considerations �� 10® y . tnyare not o � � i 0 • yth •in s that .._ .A..; J_, ...E CUMATE CHANGE matter anymore . _a � ,II I1 1111 The Environmental Perspective- Resource Conservation is Imperative "Climate change is a fact in our daily lives, causing extreme weather that damages property and infrastructure, threatening outdoor activities we love, and melting winter roads that provide ': �`-� critical seasonal access to remote northern Indigenous communities. It affects every aspect of our lives, so it is our collective responsibility to fight climate change together to ensure our children benefit from a cleaner planet." -Glen Murray Minister of the Environment and Climate Change 2) Improve energy efficiency in schools ONTARIO'S FIVE YEAR and hospitals LIMATE CHANGE CTI N PLAN Investing in energy efciency in Ontario's public 2016 ►�2020 1 ► institutions will not only help reduce emissions, r ` !f► but it will help reduce energy costs and provide a #44:-.-W,.#40-, healthier environment for students and patients. 1, lik_0,,i,-• This action will: 411141 /hi 2.1 Support schools: Ontario intends to provide ., funding for existing schools to improve acacia �. rtIII energy efciency and install renewable / energy technologies. Technologies could` its' 'a include building automation systems, �� energy-efcient windows, solar energy and . 1 , iiiio1/4,, -�4r, f geothermal systems. Climate Change Action Man Ontario Ontario enacts legislation in 2016 that prioritizes minimizing emissions and improving existing buildings over constructing new, non-carbon offset infrastructure. This advice aligns with the Auditor General 's recommendations to the \I I • • . . . " If the board has undertaken to determine any projected carbon footprint / environmental assessment of closing existing buildings and constructing new ones, may we please have access to those studies?" - Heather Derks, Sparta PAR Committee Chair December 16 2016 " No , the TVDSB has not undertaken any report to determine projected carbon footprint/environmental assessment of closing existing schools and building new schools . " TVDSB PLANNING DEPARTMENT, JANUARY 20 1017 "Since the inception of public education the trend Sustainability doesn't just mean in educational reform has economically viable anymore. If the been toward larger schools Province of Ontario's climate policy is to succeed, it needs to incorporate and boards . This trend is resource conservation into publicly owned assets like the education indebted to an system. organizational model that 885,000 people in the OAASC are is rooted in the 19t" centu calling for change to the funding ry model. We believe it will happen, but model of industrial once our rural schools are gone, they're gone. We need you to support production that is based our call to put the closure of Elgin County schools on hold until a upon economies of scale . 99 thorough and thoughtful analysis of -OMAFRA funded research paper the need for new capacity can be completed. Lauzon et. Al. Scheduled for Closing : what is at stake ? Sparta Public School Enrolment Sparta Public School Costs Sparta PS - Status Quo Enrolment and Ga aci School based ii oto ` p' i 350 - - P r[1i i t1p io «u s 1Facility es and InformationTechnology,' u_ 200 150 [ Board Average 100 Cost Cost per Student 50 -- per Student OO� ^) �N1k (19 99' QNC° QA ,•` Q,\O 99 9> 95' c"? �9h ,.L) e ry S 0aaG Y ar ry `'� ry Total $359,024.00 $1 ,483.57 $ 1 ,416.06 OTG Capacity •Projected Enrolment Existing Community •Historical Enrolment Adding half of the holding zone area to our current catchment would allow for a stable enrolment picture at full capacity at Sparta School until 2025 with a minimum of cost, student disruption or emissions. Msussfs gssc•u .. •bolt 2t_9UIsA — — � (.4*,..fek \ a D -XjGL obeu 16A bnplic 2cIJool +532 C`• - u� •1\- / , -a.- ..t, 2, , csuc,"„IG * � „kil r UIOU :.• _ i mit - 1 w - pnupr,c * t;1.4 - ") ''."."' ill 1 il 4 U:11 t',/, le 0 'Ali ' PAYNO rt �i s 1-Or -'�9119+! � ,Pas u.,.�nias-raiuc --�-- Our current catchment in pink and our proposed addition in blue. Projected to yield 70 students by 2025, adding it would utilize all existing capacity at Sparta for the foreseeable future. This solution would reduce demand on both Port Stanley and Mitchell Hepburn ' s capacity and create a situation whereby all three schools function at or close to optimally in terms of cost. As the city encroaches into rural areas, buyers of new built homes will know that they are buying in our catchment area . Being designated to the Sparta School would be a selling feature for these homes according to comments from current Sparta Catchment Residents, most of whom agreed in a survey with the statement that they either moved to or remained in the community because their child would go to Sparta School . "We moved to Sparta for the rural school. We currently rent and had been planning to buy a house with in the next couple years in the Sparta school zone when the right place for us became available. Now that plan is up in the air." "I wouldn't have kids until I lived in the area so my kids could grow up going to Sparta School." "I've waited 8 years to move back to Sparta, wishing my kids could go to the school I went to. I never thought it would happen. Then when it finally does, this is what were facing right away!" o (3) (3 p (ii ••- r.= r_ _._ _„ .,,_ 0 -0oc5aa) J 4) •- • _ O O O 4)E D U I p o- O O p ,C v z Q o w 1/4., V) L- (.) = >- O (I) •- Q) _C p C1 i0 U `~ •- -� 4) O "' 4) IE > _ z 0 D 0 2 -0 8 r 0 U ,_ C �� > D D -0 O U O >- -0O3 U s O 4)2 45 L- 4) � O O a .. _f- U 4) p o(r) 0 _,_ 0 = E6 Q •U cn U U V, O 1E •� w - cTDD '7(1 TD (I) -- (4/3 0 U -05 -I- 9 O 0 .2 O - O > 2 E Q c U v) p c p Q O O POU0E a V) 5 g Cami Ingersoll slashing 600 jobs, FINANCIAL moving Terrain production to Mexico UNCERTAINTY By Norman De Bono, The London Free Press Friday, January 27, 2017 7:41:33 EST PM The need for the New Southeast School has not been demonstrated. We are not saying that it will never be warranted, but closing two very good schools right now to make it happen is not justified. We want the TVDSB to reassess with CAMI Asse the inclusion of ALL schools in the area, I Ingersoll enabling them to access up-to-date census information and determine ` nada whether challenges to the funding C RTH EMPLOYEEPARKINmodel are successful. Running at full tilt and loaded with workers, Cami Assembly in Ingersoll just slammed on the brakes. OMAFRA Funded Research : - -- "We need to challenge the very assumptions upon which education has been built and the relationship of school to community. If one thing is clear from the research it is that small schools are worth saving and that small schools are worth the cost." (-Giessen, 1998) . " Having completed this review of literature, we would agree." -Lauzon, Dr. Allan C. and Leahy, Ms. Danielle Rural Schools and Educational Reform: Should We Keep Rural Schools Open? 1998:6 Draft Resolutions for Consideration WHEREAS the current Accommodation Review Process is not reflective of the reality of rural school and community life, and WHEREAS EPAROI does not take into account all available capacity in assessing the need for a new St. Thomas School, and WHEREAS across the province municipalities and counties are calling for a moratorium on the closure of rural schools, BE IT RESOLVED that the County of Elgin agrees that EPAROI should be broken into two pieces, one that assesses the need for a new Belmont School and one that assesses the need for a new Southeast St. Thomas School. We further call for a moratorium on rural school closures in Elgin County until such time as the funding model can be reassessed to incorporate elements of resource conservation and economic impact on rural and community life. (Consideration aiven to resolutions adopted by Prince Edward County) Thank you for giving us the time to make this presentation . Time is of the essence. If the County of Elgin is going to act to help the Sparta School Community, it would be most beneficial to us to have it by March 8 when we make our final report to Thames Valley. additional information Page 1 of 1 additional information Heather Derks [hnewtonderks@gmail.com] Sent:Tuesday, February 07,2017 1:18 PM To: Marilyn Payler Hi Marilyn, I'm sorry, I meant to attach this link as well. Part of the presentation draws from it. ittql://wwynolia.on,cattissues/additionalsinformationlinauzonsshouldswerkeepiruralsschoolsiopen Sorry about that! Thanks, Heather Derks, President Earthmama Farms http://earthmainafarms.comi 226-653-0058 This message has been scanned by LastSpam e-mail security service. Ce message a ete verifie par le service de securite pour courriels Lastam. Queen's Park Office: Constituency Office: Room 444,Legislative Building 750 Talbot St.,Suite 201,West Wing Jeff Vurek MP Queen's Park St.Thomas,Ontario N5P 1 E2 Toronto,Ontario M7A1A8 r Tel.(519)631-0666 Ontario Elgin-Middlesex-London Tel.(416)325-3965 Toll Free 1-800-265-7638 ASSEMBLY Fax:(416)325-3988 Fax(519)631-9478 E-mail:jefLyurek@pc.ola.org E-mail:jeif.yurekco@pc.ola.org February 10,2017 Mr. Matt Reid, Chair Thames Valley District School Board P.O. Box 5888 London, ON N6A 5L1 Dear Mr. Reid and Trustees, I am writing you today in support of the proposal submitted by the Sparta Public School Alliance in regards to the current Elementary Pupil Accommodation Review 01. The Sparta plan allows the build of the new school in Belmont to proceed while ensuring the New Sarum, Springfield and Sparta schools remain open. This option would allow the EPAR 01 to split into two separate portions, allowing for an extensive period to thoroughly review and consult on the need to close the rural schools throughout our community. Mr. Reid, a large number of parents and families, have voiced their concern with the current EPAR 01. Closing schools based on geography is inequitable and not in the best interests of students. In addition to the shorter bus rides, rural schools allow students to attend school in their communities,participate in extra-curricular activities, stimulate local economies and provide a green space for students to play, learn and do experiential learning. Although I realize that due to a flawed funding formula the school board initiated this process, I am requesting that the school board give full consideration to the proposal and ensure this new process does not fail our children or rural communities. Sincere y -'' ,- ,/ :,--- "____, Yurek, MP Elgin-Middle s -London Cc: Minister Mitzie Hunter, Education Ms. Laura Elliot, Director, Thames Valley District School Board New Sarum Public School Parent Alliance Sparta Public School Parent Alliance Belmont Public School Parent Alliance Springfield Public School Parent Alliance off Enhancing Green Spaces communities fCollectivites Mise en valeur des espaces in Bloom en Ileum in Communities „, verts au sein des collectivites ECEIVEn FEB 2 2 2017 MUNICIPALITY OF blA8YIHAM Celebr te Canada's 15 0th Anniversary Showcase your Community by participating in the Communities in Bloom Program 44 "`wialp.'" CANADA 150 Communities in Bloom Ontario 217 Elizabeth Street, Goderich, Ontario N7A 3T9 cibon2017@gmail.com Tel: (519)524-8482 www.cibontario.ca e r �{ (:oi1tm11uiiies ..- Guilcctivitet, in Bloom en fleury Ontario Communities in Bloom is a Canadian non-profit organization committed to fostering civic pride, environmental responsibility and beautification through community involvement and the challenge of a national program with focus on the enhancement of green spaces in communities "People,plants and pride... growing together" Program: Communities in Bloom is all about greening, through environmental, natural heritage conservation and horticultural actions, our communities by engaging citizens of all ages, businesses and institutions with the municipalities...and showcasing and celebrating our achievements. The program consists of communities receiving information and being evaluated either provincially or nationally by a volunteer jury of trained professionals on the accomplishments of their entire community (municipal, private, corporate and institutional sectors, citizens)on the following criteria:Tidiness, Environmental Action, Heritage Conservation, Urban Forestry, Landscape and Floral Displays. History: Established in 1995, with the guidance of Britain in Bloom, Tidy Towns of Ireland and Villes et Villages Fleuris de France, Communities in Bloom now includes hundreds of communities across the country, and an international challenge involving communities from the United States, Asia and Europe allows participants to compete internationally. Benefits: The pride, sense of community and feeling of accomplishment generated through participation are visible in communities across Canada. These benefits make Communities in Bloom a program where everyone wins. Participants can benefit financially from the program through community tourism initiatives, business opportunities for the entire community, and other related projects. A valuable information exchange network allows communities to share accomplishments, best practices and projects. All participants are showcased on the Communities in Bloom website through the"Explore our Communities", Resource and CommNews sections. The Communities in Bloom Magazine features participants and program results, as well as articles and educational content. Communities in Bloom develops, with its partners and sponsors, initiatives and promotional opportunities. Provincial, National and International Awards - Symposium on Parks and Grounds: The annual Provincial, National and International awards ceremonies along with the Symposium on Parks and Grounds, held jointly in the fall are a unique opportunity for elected officials, parks and grounds professionals and community volunteers to learn and share about current issues, trends and challenges in horticulture and gardening, community tourism and projects, environmental awareness, and to showcase...and celebrate their achievements. Workshops are also held in all provinces throughout the year. The Communities in Bloom Foundation, established to support the educational aspect of its activities, is dedicated to funding, developing and disseminating education and awareness to a wide audience on the value, improvement, importance and sustainable development of green spaces and the natural environment in Canadian society. The foundation also awards bursaries to students in horticulture / environment programs. His Excellency, the Right Honourable David Johnston, C.C., C.M.M., C.O.M., C.D. Governor General of Canada is the Patron of Communities in Bloom. Within the context of climate change and environmental concerns, all communities involved in the program can be proud of their efforts, which provide real and meaningful environmental solutions and benefit all of society Communities in Bloom Ontario 217 Elizabeth Street, Goderich, Ontario N7A 3T9 cibon2017@gmail.com Tel: (519)524-8482 www.cibontario.ca o i __ Canada Communities Collectivites OP 2017 ONTARIO in Bloom en ileum REGISTRATION DEADLINE: APRIL 30 "'''',:::::-,:4: Guo,amdnpxave�""'"' "' °'" (extension possible upon request) Community Population Mayor or Head of Council (please indicate if City, Town, Village, etc.) Name of Community Contact Position/Title Address Province Postal Code ( ) ( ) ( ) ( ) 1 Phone Fax Cell Phone Evening Phone E-mail Preferred evaluation date* * will be considered but cannot be guaranteed CATEGORY: Population ( evaluation ) n Friends (non-evaluated) n Population Category(community is evaluated): o two volunteer judges visit and evaluates the community to provide a report, mention and bloom rating o evaluation will be planned to be scheduled for two days with accommodation provided by the host community o The evaluation will take place in July or August. The dates are determined in consultation with the community subject to the availability of the volunteer judges. Friends Category(community is not evaluated): o community is not evaluated : becomes part of the Communities in Bloom network Benefits of participation o Communities in Bloom provides access to a reputable information exchange network o Economic, Social and Environmental benefits(as detailed in program information ) o Promotion of the community in the Ontario Edition and during the Awards Ceremonies in September Registration fees o payment by Cheque is requested at registration by mail. If you wish you may email the registration form with the cheque to follow. o Population(evaluated): El Up to 5,000: $350+$45.50 HST=$395.50 0 20,001 to 50,000:$750+$ 97.50 HST =$847.50 ❑5,001 to 10,000: $500+$65.00 HST=$565.00 ❑Over 50,000: $850+$ 110.50 HST=$960.50 010,001 to 20,000: $600+$78.00 HST=$678.00 Friends(non-evaluated): 0 $225+$29.25 HST=$254.25 Mail,your completed registration form and Cheque to: Communities in Bloom Ontario 217 Elizabeth St. Goderich, ON N7A 3T9 cibon2017@gmail.com THE CORPORATION OF THE UNITED TOWNSHIPS OF HEAD � C LARA & MARIA 15 Township Hall Road STONECLIFFE, ONTARIO, KOJ 2K0 Phone: (613)586-2526 I Fax: (613)586-2596 1 E-mail: hcminfocfischer@gmail.com;or hcmclerkmreith@gmail.com Tuesday, February 21, 2017 The Honourable Kathleen Wynne, Premier kwynne.mpp a�.liberal.ola.orq Legislative Building — Room 281 Queen's Park Toronto ON M7A 1A1 Re: Building Code Changes — B-08-09-03 Dear Premier Wynne At its meeting of Friday, February 17, 2017 the Council of the United Townships of Head, Clara & Maria discussed and passed the following resolution questioning the need for regulations being imposed on small rural Ontario, this time concerning the need to have septic systems pumped every 5 years. This legislation is extremely arbitrary and fails to take many, many variables into consideration, least of all the financial burden on rural Ontario seniors. This Council supports the position taken by Reeve Kerr of Tay Valley Township enclosed for your information. Council respectfully requests your consideration of its position and requests continued consultation with rural Canada when making decisions which ultimately affect each and every one of us. Sincerely and on behalf of Council Melinda Reith Municipal Clerk and CAO Enclosures: Letter from Mayor Jim Gibson, The United Townships of Head, Clara & Maria HCM Mission: At your service;working effectively to bring together people,partnerships and potential for a strong,connected community. HCM Vision: Providing a healthy,connected,and sustainable community teeming with possibilities for our citizens now and into the future. Tay Valley Letter to Minister Ballard Head, Clara & Maria Resolution Cc: The Hon. Bill Mauro, Minister of Municipal Affairs — bmauro.mpp.co©liberal.ola.orq The Hon. Chris Ballard, Minister of Housing — cballard.mpp.co(a�liberal.ola.orq Patrick Brown, Leader of the Progressive Conservative Party— patrick.brown@pc.ola.orq Andrea Horwath, Leader of the New Democratic Party— ahorwath-qp©ndp.on.ca John Yakabuski, MPP Renfrew-Nipissing-Pembroke -john.yakabuski a(�pc.ola.orq All Ministers of Provincial Parliament The Association of Municipalities of Ontario - policyQamo.on.ca The Rural Ontario Municipal Association The Federation Of Northern Ontario Municipalities - fonom.info@qmail.com All Ontario Mayors HCM Mission: At your service;working effectively to bring together people, partnerships and potential for a strong,connected community. HCM Vision: Providing a healthy,connected,and sustainable community teeming with possibilities for our citizens now and into the future. `CorP�ratf n ` THE CORPORATION OF THE UNITED TOWNSHIPS OF . ,f HEAD, CLARA & MARIA 15 Township Hall Road STONECLIFFE, ONTARIO, KOJ 2K0 Phone: (613)586-2526 I Fax: (613)586-2596 I E-mail: hcminfocfischer@gmail.com, Mayor Gibson: hcmjimgna gmail.com Friday, February 17, 2017 Dear Minister Mauro, I am writing to express our Municipality's very serious concerns about the proposed change, B-08- 09-03, to the Ontario building code and to ask that you have this change rescinded. Most of rural Ontario and much of small town, urban Ontario use septic systems. The variables affecting the need to pump out a septic tank are quite numerous. Those who operate their systems carefully can go for many more years than five without pumping the septic tank because the variables are in their favour. This proposed change in these cases is fixing something that is not broken. Creating regulation to force people to pay for a redundant, unnecessary service is incomprehensible. The proponent of this change has completely missed the appreciation of how much administrative burden this is placing on rural Ontario. Many rural Municipalities have no bylaws regarding the maintenance of septic systems because there is no need to do so as there is virtually no indication of harm being caused. To clearly illustrate just one part of the administrative burden, we have included a"story" called a day in the life of a building inspector that indicates just some of the magnitude of the difficulty of trying to enforce this redundant change. In our Municipality of 238 full time residents, the 10th smallest in the Province, we average one to two "new builds" annually. The building permit fees for these "new builds"pay for a significant portion of our contract building inspector's time. How does the Province expect us to pay for the disproportionately excessive administrative burden this proposed change would create? Many Municipalities have septic tank pump out bylaws that address potential problem areas with malfunctioning septic systems and the need for these bylaws have been driven by local circumstance to address local potential problems and not by any universally applied directive from the Province. In many cases, the drivers of these regulations are cottager associations, conservation authorities, and Municipalities who are acting to preserve lake and river water quality and they have done so of their own accord and not by any regulation from the province. HCM Mission: At your service;working effectively to bring together people,partnerships and potential for a strong,connected community. HCM Vision: Providing a healthy,connected,and sustainable community teeming with possibilities for our citizens now and into the future. Premier Wynne in the legislature on Dec 16th declared a"respect for municipal government" and at the recent ROMA conference ministers' forum on Monday January 30th, has indicated a realization that "one size fits all legislation" does not always work in rural Ontario. Minister Mauro, you have an opportunity here to demonstrate what the Premier has said and you can do so by withdrawing this proposed change. The AMCTO has just released a report on "bearing the burden"that illustrates the ever rising administrative costs to Municipalities. Proof of this ever increasing burden can be found in our tiny Municipality. We have no choice but to increase the size of our Municipal office to accommodate increased staff that is necessary to reply to the Province's demands. Minister Mauro, we beg you,please rescind this proposed change at your earliest opportunity. Rural Ontario simply can not afford this redundant administrative burden. Jim Gibson Mayor—The Corporation of the United Townships of Head, Clara, and Maria jg HCM Mission: At your service;working effectively to bring together people,partnerships and potential for a strong,connected community. HCM Vision: Providing a healthy,connected,and sustainable community teeming with possibilities for our citizens now and into the future. `' THE CORPORATION OF THE UNITED TOWNSHIPS OF HEAD, CLARA & MARIA Date: Friday, February 17, 2017 Resolution No.:17/02/17/008 Moved by: wAl- f Seconded by: , WHEREAS the Ministry of Municipal Affairs and Housing has proposed a change to the Building Code, B-08-09-03, requiring mandatory five year septic tank pump out and records retention by the owner; AND WHEREAS that same change requires Municipalities to administer and enforce this change; AND WHEREAS the change document fails to identify the administrative costs to Municipalities; AND WHEREAS the change document fails to identify any transfer of Provincial funding to offset these downloaded costs; AND WHEREAS many Municipalities already have bylaws to regulate septic systems especially near waterways; AND WHEREAS the majority of homeowners pump out their septic tanks on a regular basis whether regulated to or not; AND WHEREAS there are many more important issues on which to spend taxpayer's money than "enhancing" maintenance on existing functioning systems; AND WHEREAS adequate legislation already exists to correct malfunctioning systems; AND WHEREAS Premier Wynne stated on Monday, January 30 ', 2017 at the ROMA conference that the Province recognizes that "one size fits all" solutions do not always work in rural Ontario; THEREFORE BE IT RESOLVED THAT the Council of the United Townships of Head, Clara, and Maria does hereby request the Honorable Bill Mauro, Minister of Municipal Affairs, to rescind proposed Building Code change B-08-09-03; AND FURTHER THAT a copy of this resolution is sent to the Honourable Kathleen Wynne, Premier of Ontario, the Honourable Bill Mauro, Minister of Municipal Affairs, Mr. Patrick Brown, Leader of the Progressive Conservative Party, Ms. Andrea Horwath, Leader of the New Democratic Party, and all Members of Provincial Parliament in the Province of Ontario. AND FURTHER THAT a copy of this resolution is sent to the Association of Municipalities of Ontario (AMO), the Rural Ontario Municipal Association (ROMA), the Federation of Northern Ontario Municipalities (FO ! ,nd to all Ontario Municipal Mayors for consideration. Carried Defeated Mayor , ("11.) lay Valley TownshIp Hon Chris Ballard Minister of Housing 17th Floor, 777 Bay Street Toronto, Ontario M5G 2E5 December 20, 2016 Re: Proposed Ontario Building Code Change B-08-09-03 Mandatory 5 Year Septic Inspections Dear Mr Ballard, I am writing to you to express strong opposition to Proposed Ontario Building Code Change B-08-09-03 which would require septic systems to be inspected every five years. The Township agrees that inspecting septic systems and regular pumping maintenance are reasonable and desirable goals. In fact the Township has a mandatory septic inspection program for cottage properties on seven of its lakes whose Lake Association members have requested this program. However, Tay Valley Township Council is concerned that 5 years is an arbitrary target. There is also concern that a simple pump out does not address maintenance issues. Five year pump outs will simply result in moving sewage from one location to another. The alternative of testing the tanks and judging the level of sludge present would result in a more evidence based approach reflecting actual conditions. It should include inspection of the septic system components (e.g., filters and baffles)which would address nutrient management, therefore, the longevity of the system would increase as the leaching field would be maintained. Tay Valley Township Council has many questions about implementation: • Where will the septage be taken for disposal? • Where is there capacity for disposal? • Will Tay Valley Township have to create capacity? • Has the Ministry of Housing or Ministry of Environment and Climate Change done a capacity analysis for septage treatment by some type of catchment area, e.g. Lanark County or other smaller area? Tay Valley Township 217 Harper Road,Tay Valley,Ontario K7H 3C6 www.tayvalleytwp.ca Phone:613-267.5353 or 800-810-0161 Fax:613-2648516 Tay Valley Township • Who will bear the costs? There are cost implications for residents. What happens when people can't afford the pump out?Will grants or loans be available? • Will infrastructure funding from the province for package plants (communal septic systems)? There are also cost implications for municipalities and/or the septic office or Public Health Unit to verify pumping is occurring. Unless MAH creates an app for verification by the pumpers to send to the Townships, the Mississippi Rideau Septic System Office estimates it will require at least 1/2 a Full Time Equivalent position to monitor the paperwork and track or enforce compliance. Money spent on tracking compliance would be better spent as a no-interest loan to replace septic tanks or pay for the pump out. In summary, the Township is opposed to mandatory septic pump outs on a 5 year arbitrary time frame rather than an evidence based approach through testing sludge levels. The Township is further opposed to mandatory septic pump outs until a more comprehensive implementation strategy has been identified by the province and agreed to by the Township. Sincerel IJ �� Keit Kerr Reeve cc Randy Hillier, MPP, Lanark-Frontenac-Lennox & Addington Hon. Glen R. Murray, Minister of the Environment and Climate Change "Phragmites australis at the crossroads:Why we cannot afford to ignore this invasion." Speaker:Janice Gilbert-Wetland Ecologist email:janicegilbert@rogers.com Native and Invasive Phragmites australis There is both a native species and invasive species of Phragmites australis.The native species can coexist with a diverse number of native plants.The invasive species will form a monoculture. At this point, if they cannot be differentiated ecologists are treating them both the same and exterminating them.The general thought being that the negative consequence if the invasive Phragmites is left unchecked outweighs the benefits of the native Phragmites species. Non-native Native -r44, . / ,44' Phragmites australis is a very aggressive non-native invasive.The species spread in many ways such as the stems, stolons, rhizomes and seeds.Viability of the plant is higher in small patches.That being said in a dense stand there may be anywhere around 200 stems/square meter with hundreds of seeds that can be dispersed in a 10 km radius. One the below ground growth (rhizomes) is established the plant will grow exponentially. Combined with the fact that this plant is allelopathic and competes strongly for nutrients in the soil, Phragmites australis is a serious concern in the environmental world. T , �Ir • • , I -1-• yo r,i.:-.•11 .!,,,, ,,,., . , (:).t. 1,4,. ill: i,,) - t. . , / . 4 i , „ .)kor./ , , ,, �. �N 44 A t As it i r tit , ." . - t' 1K ,i i ''i r ' • , f ,iy / \\ rid,% \ .I r ! ��-. • 't `, 1 ,i• , .! 1 i '',, i: : v ''•' ' („$,. ,„ ,,.I ..; /. ..ill,‘., f.„. ;,,,,,i,,,,,_,:r!.,,,,,!., ,...,,1/I:, ' I 1 i) ) „ i , I - 11,?it.), ' II I I ' \ . ',,' '; I. ; i' ; ) 1q, . (h'',• ;ill': 4'.'", ;;J, / lv,1,, ,, i, � v :/f '� i �, if pi r 6 ! 1 • I '/ .^ PIf f i •\ I' r 1r '' , • _I. I >. .,- .---- 1 1 iii f ,_ ;Ip'� ;� /-...._:_ r / J f :�� � r , 4r.' r• r !i , .4.11' i;: l_.46 .: .,.i - /.:-..' • J! _.: ?1,.(1. :', A ;,411ri i , .i. .. r •°,, r fj' I' it 4 1111104', ' Jjj — �', .d F 4R y I �, � , .: T. ' 1 , 1l: ��� / '. -,,d , riiii!!$ ,f. 1,..4ff� . i! ' ' 'y'OYL• A fil l �'���/ ���rl f, I /,/, ! b ��� r ��� 1° r i f {��err;„i �, ft pP , ��• � r • i'_,.,'•iii. i ./, i 1,14,,,lilt pl., .,01 ,..i,.f. „ ll l,li! � I a��l jF � ��//rl;0? /N} l `I W T I .�Wh11; ! Tr 1 / , h 4 /1$1./fj r 1 ,I'-f, ' 1! wou.._ Alk /' %fir/•r �I 'r,, .-.-- .^) -*Lir ' vt ." N y°v+ • % d i 11.1,1:':-.011 I !1?� fi g• i-' "4 /�' z. ,.+,`rf0 I'- '. ///!.A�`�Ilf j';lit T7141 , - ab' J _ _ ��ISf.l _ to 11/ . l -- } A major concern about the spread of Phragmites is the reduction of habitat available to Species-at- Risk (SAR). Many of our SAR depend on wetlands for one or more parts of their life cycle. Phragmites australis will takeover large expanses of marsh if left unchecked.The density of the species prevent other plantsand species from utilizing it effectively. Many species, including the Blanding's Turtle, die trying, simply because they do not have the energy to move through the thick matte of reeds. Bp 1' ‘', t ' %.,e- r.' r ''P e I ,,t/if ' -= \ .4: , ,, ' 4 , Opt4 i ( . ofif.-• LA all le, 1 1 i IC A. 411 1 -21 th i f111 * ,___!\, ' 4: . d/V , 1; i°, lie _. a ' 4 A .1 4e r p ., . ..' ,,, 1 , i 4111 , / 1 : ; 4. ;,,, Ny: c , , s ,P, _ ..‘,/ i'..1 s, iy/ 1 , I „gip ,t i ;,N. ‘„ A 1 f t . ql i it lk 'I L r "" -:-' "'-_ I) : . '4 '1: 1 ' :1 i- - _ ' 1 \ , .il. - - -- ik\ , ,, , , i --„. . . , , ,,,„ a I 'f.,,-,_2.7 \ i , , b \ c f B- t i_� 1 �� 1 h ` i It _,w - ‘ ',�: ,, i , '1*-- -",ZN;:t: IA,` - '::.• e it.; _-..-_, - .,,t-kk , - i.-- -14--" i ft „ ,f,, lb, ?r; r ,1171.11' t? , _ .. t 1—L. , • '_4... cis Some other ways that Phragmites is spread: - Equipment: Improperly clean equipment used to clean out ditches act as vector and spread reproductive parts of the Phragmites plant all over the province. - Ditches/municipal drains: Phragmites that is not controlled along ditches and municipal drains will spread downstream. - Gardens: Uneducated people have planted Phragmites australis on their properties thinking it is a nice plant. Controls Biocontrols are currently being researched to aid in the management of Phragmites australis.Two moths that are native to our area and feed solely on Phragmites are currently being researched: Archanara neurica and A. geminipuncta. The moths cannot differentiate between the native Phragmites and the non-native Phragmites. Due to the high number of predators that feed solely on Phragmites australis in their native regions in Europe and that the species still exists in monocultures in Europe, researchers do not believe that this biocontrol will be able to reduce the species to a level where it is not a threat. Smothering can be effective for areas of small infestation (less than 1/4 acre) but not practical for large patches or every site. Spading can be effective in small areas (less than an acre).The work is labour intensive requiring many people and a consistent effort. Cutting will bring wildlife back to the area but you must keep cutting or will grow back. As a result you may end up killing animals you want to protect. Cutting alone is not an effective means of exterminating the species. However cutting between mid-July and Early August will prevent seed head germination and thus reduce the spread. If you are spraying before cutting, wait at least three weeks after spraying before you cut. Drowning can be an effective method of killing large amounts of Phragmites in the right areas (For example, coastal wetlands, dyked wetlands, shallow wetlands). In areas where the water can be drawn back, burning the Phragmites and then flooding it has been effective at killing the plant. Also cutting the species below a few feet of constant water will prevent oxygen from getting to the plant and kill it. Chemical Controls are the most effective means of exterminating the plant because the chemical is taken up by the Rhizomes of the plant, literally killing the entire plant. In the US there are chemicals available for spraying Phragmites over water. In Canada these chemicals have not been approved by the PMRA, despite efforts from Conservation Groups and Environmental Organizations to expedite the process. Base ingredients US(approved over water) Canada (not approved over water) Glyphosate Rodeo Weathermax+vision max (surfactant added) Imazypyr Habitat Arsenal Powerline (surfactant added) Recommended Control Technique: It is better to apply spray to a large plant then a small one so that you the spray comes in contact with a large surface area for absorption. Spray 5%solution of glyphosate (Weathermax+vision max) at 8L/Ha (with additional surfactant at 1%solution).After at least three weeks roll Phragmites down to create a thick matte and conduct a controlled burn to remove plant material. Grazing by goats and sheep have also been practiced as a management technique and is still practiced in Europe to manage the Phragmites bed habitat-type.This technique is not practically in many settings. The goats will eat Phragmites if there is nothing else available but will eat other native plants in a low- density setting.There could be concern with movement of seeds via excrement. There is a branch of Western University called ICFar that focuses on research into alternative fuel sources.They are looking at the possibility of harvesting Phragmites australis and using it for fuels such as biochar. http://www.uwo.ca/esw/research buildings/icfar.html Janice Gilbert-"We don't want to harvest it. We want to get rid of it" Miscanthus is a grass that is harvested and sold in nurseries to the public. It has been observed to outcompete Phragmites australis in roadside ditches.This species is a very aggressive non-native and should be addressed early before it turns into the new "Phragmites". j. 'I c sd ' a i!�ti ! �' ':- \f e- \' .f} ' 6 main issues that we need to get passed to control this species: 1. Roads and ditches 2. Proper herbicides for spraying over water 3. Public education 4. Garner sufficient dedicated funds 5. Locally driven efforts supported by all levels of government 6. A collaborative management plan Best Control Option: Early Detection/Rapid Response-as soon as you see it, you must control it or it will end up getting out of hand and costing a lot of money. Long Point Phragmites Action Alliance is a working group that has developed over the Long Point Watershed and involves many dedicated environmental organizations including ALUS Norfolk.There will be a meeting in March.Janice is going to send me the information so that ALUS Elgin can attend. For more information: http://greatlakesphragmites.net/resources/webinars-presentations/ Feb 15,2017 06:29 AM To: 15198663884 Page 2/4 From:Southern Ontario Fertility Technologie Fax:5196855519 EVENT ROAD CLOSURE REQUEST FORM (This form must be submitted to Council at leasts6 weeks prior to event) Name of Organization Making Request- Or1< ta.+rWe'f1l (3 z L!% L ,•oil r: 5. 'Si Name of Special Event- 19 r'r''t+ 'Ceras 2. Date of Special Event- Nov 5 r 1+ Start-time of Event- 1-.3ofit Finish - Route—(*Map provided-please highlight route) J ?�lAttni Got la lige: ion l M'' / 4. (Corner eke-Aim-1h 54) --wes1 40 ga L,.N o' S ( 5chd'& 4.0 I e3c.F crn P - 4 epAtiota Specific Request(Road Closure,Traffic Control etc.)- Clo5P 6/ixak k1& 5� '5 ‘4.3.4 a7n 'WQ it A 4 /1 p fu j- #a i C,. Leo 44'- I 4- 5i q nay_ _ Maximum Number of people expected to attend - 0 c Any Special Needs- Applicant Organization's Authorized Member Name h'1 Cie Ile & Si naturQ ��� ,.41t"' g Municipal Representative Signature- Organizers are to notify the following a minimum of one month prior to proposed event: Ontario Provincial Police Tillsonburg Fire Dispatch 42696 John Wise Line, RR5 80 Concession Street East St.Thomas, ON N5P 3S9 Tillsonburg,ON N4G 4Z8 Phone: 519-631-2920 Phone: 519-842-2905(non-emergency#) Fax: 519-631-2923 Fax: 519-842-2190 Cell: 519-878-6029 Elgin-St. Thomas EMS Central Ambulance Communications Centre Duty Manager 1510 Woodcock Street, Suite#20 Fax: 519-637-3484 London,ON N6H 5S1 Phone: 519-637-3098 Phone: 519-661-1784 Fax: 519-661-1799 ..., 2 Feb15,201706:29AM To: 15198663884 Page3/4 From:SouthernOntarioFertility Iechnologie Fax b• bttbbb1l i Page 2 Upon council approval,a copy of this notice and the map submitted will be provided by the Municipality to the following: Manager of Public Works Clayton Watters, Engineer Municipality of Bayham County of Elgin _. PO Box 160 450 Sunset Drive 9344 Plank Rd., St.Thomas,ON NSR 5V1 Straffordville, ON NOJ 1Y0'' Phone: 519-631-1460' Fax: 519-633-7661 Phone: 519-866-5521 Fax: 866-3884 Fire Chief/BLEO&Station Chiefs Municipality of Bayham. PO Box 160 9344 Plank 13.421,„ . Straffordville, ON NOJ 1Y0 Phone: 519-866-5521 Fax: 866-3884 File: Forms/Event Notice-Road Close Feb 15,2017 06:29 AM To: 15198663884 Page 4/4 From:Southern Ontario Fertility Technologie Fax:5196855519 R11. WI 41611 __ �1` �' lirNprimr_ e..�ee. a R.wte�es__ li mow Sii ii, o rteIR .., ;111 ; S •,:i . d mum, : 111111111111Pe VN 60 , IIIIIMINIIIINNom PV I 63 / 7 ._. , ...„,,, ' W MG OTTEK - ; . • 1111 9111 7 �' in MI I!II1111111:1 .4.1 ' '''''-;:3'''.4:111' i • 1 111111Iiilith - -"=. s`111111t� ;� ' 11111llaWk i''\ippeN" i ; tropic :�� 111#1��,Vii• �� I I IM!gp; 1 Y i ■lam . \ 1iI .1111 X11. ��III/11.►!� � . IF ii,„Aw, Ini-A-, \ i x t ... 111111...,x LW #}'111/ JIiti'iii1j %, , ° ,° !Y� � \ !I111/1111/ffiT l l ! I„jri11111 0? 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WaS 0 ' Armistice Parade 2017 — Resolution THAT Event Road Closure Request Form from Port Burwell / Bayham Legion Branch 524 be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell / Bayham Legion Branch 524 for permission to use the streets within Port Burwell for the Armistice Parade to be held Sunday, November 5, 2017 at 1:30 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million; AND THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be temporarily closed during the parade between 1:30 p.m. — 3:00 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. NOTIFICATION OF SPECIAL EVENT Special Event Name- 6e-^`J t 4.c 5-1-- Date Date of Event: vc-3 -- Chi Start-time- \ Z Finish- 1 0 Pv`-, Maximum Number of people expected to attend- Equipment or vehicles to be used- (Sawnek V4-kAke-‘41'5 0,-‘"1'S 's bk - Sikc- Special Needs- 1Ct 'SS 4 r o\-C & Ct.In Special Request(Signage/fencing etc.)- � 5' ` ' E&Sir ' eca.c 1`' b - 1-460•1), cAwed c--e) v ti.nG Sponsoring Organization: Signing Officer Name& Signature- < 1 + 4*-1.2L-1 Municipal Approval Signature- Upon approval by Council, copies of this notice must be forwarded a minimum of one month (30 days)prior to event to the following: Ontario Provincial Police Fire Chief& Station Chiefs 42696 John Wise Line,RR 5 Municipality of Bayham St.Thomas,ON N5P 3S9 9344 Plank Rd.,Box 160 Phone: 519-631-2920 Straffordville,ON NOJ 1Y0 Fax: 519-631-2923 519-866-5521 Cell: 519-878-6029 Fax: 519-866-3884 Central Ambulance Communications Centre Tillsonburg Fire Dispatch 1510 Woodcock Street,Suite#20 80 Concession Street East London,ON N611 5S1 Tillsonburg, ON N4G 4Z8 519-661-1784 519-842-2905(non-emergency#) Fax: 519-661-1799 Fax: 519-842-2190 Public Works Manager Clayton Watters,Engineer Municipality of Bayham County of Elgin Box 160 450 Sunset Drive Straffordville,ON NOJ 1Y0 St.Thomas,ON N5R 5V1 519-866-5521 Fax: 866-3884 519-631-1460 Fax: 519-633-7661 Elgin-St.Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 File: Forms/Event Notice Bayham Beachfest 2017 — Resolution THAT Notification of Special Event from Bayham Beachfest be received for information; AND THAT the Council of the Municipality of Bayham approves use of the Port Burwell East Beach for event to be held daily from 12:00 noon until 10:00 p.m. on August 4 — 6, 2017, including a beer garden, subject to meeting the requirements of the Municipal Alcohol Policy, based on an attendance of 250 —400 people in the beer garden at any given time, being 100% Smart Serve Trained personnel, including a minimum of eight (8) Smart Serve personnel, plus two (2) extra floor monitors when allowing participants under the age of majority (19) and other volunteer or paid security personnel, as necessary to provide sufficient crowd control and public safety on site during all dates and hours for which the beer garden is open and as listed on the Outdoor Special Occasion Permit Application to be provided to and approved by Council a minimum of three weeks before the event and also subject to: • All alcohol being served in disposable cups, not bottles or cans; • Providing a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000 liability, covering all events; • Obtaining the necessary approvals from Elgin-St. Thomas Public Health, the Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice; AND THAT all other terms and conditions of the municipal rental agreement remain in effect; AND THAT a copy of the LCBO liquor license be provided to the Municipality two weeks prior to the event; AND THAT the clean up of the east beach area and any costs thereof, be the responsibility of the organizers; AND THAT staff provide access to East Beach washroom water and power panel; AND THAT Council does not approve the closure of the East Beach parking lot; AND THAT arrangements be made with the Public Works Operations Supervisor to provide picnic tables, garbage cans / recycle barrels, pylons and staff assistance for installation of fence assembly and removal; AND THAT the Public Works Operations Supervisor make the necessary arrangements for traffic control and safety. NOTIFICATION OF SPECIAL EVENT Special Event Name- re- Date of Event: 19 t-) ``6// 7 Start-time- 7 a--,v1 Finish - %/J ,72r Maximum Number of people expected to attend - Dr/i 2 - Equipment or vehicles to be used - Special Needs - Special Request(Signage/fencing etc.)- s ' L cA.,?:?/Gc Sponsoring Organization: 5"t , , l y (�,;,�,� �i�, Signing Officer Name & Signature- (;(2.4-4. Municipal Approval Signature- Upon approval by Council, copies of this notice must be forwarded a minimum of one month (30 days) prior to event to the following: Ontario Provincial Police Fire Chief& Station Chiefs 42696 John Wise Line,RR 5 Municipality of Bayham St. Thomas,ON N5P 3S9 9344 Plank Rd., Box 160 Phone: 519-631-2920 Straffordville,ON NOJ IYO Fax: 519-631-2923 519-866-5521 Cell: 519-878-6029 Fax: 519-866-3884 Central Ambulance Communications Centre Tillsonburg Fire Dispatch 1510 Woodcock Street,Suite#20 80 Concession Street East London,ON N6H 5S1 Tillsonburg, ON N4G 4Z8 519-661-1784 519-842-2905(non-emergency#) Fax: 519-661-1799 Fax: 519-842-2190 Public Works Manager Clayton Watters,Engineer Municipality of Bayham County of Elgin Box 160 450 Sunset Drive Straffordville,ON NOJ 1YO St.Thomas,ON N5R 5V1 519-866-5521 Fax: 866-3884 519-631-1460 Fax: 519-633-7661 Elgin-St.Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 File: Forms/Event Notice - 72 1J7 r1 , S rp . -�r -12 s ( vim,,/ 1 t.' ! pp rr _. S tit/�JaYrr/c�''�✓( o " /( / � D'�� 5 Zn �� -sCO S 010I ,"7 p,.-x�o����s �/� /�,.-9 � � ACX�,.-rn,v�.�rv� a�� op f.0 s ?'7 7-72 J Watermelon Fest 2017— Resolution THAT Notification of Special Event from Straffordville Community Committee be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2,000,000.00: • Use of the Straffordville Community Center, main hall, park, pavilion, parking lot and cement pad for Watermelon Fest on August 25 and 26, 2017 at no cost (cleanup of park after the event responsibility of the organizers • Provision of a garbage dumpster, installation and removal of extra garbage cans, delivery of picnic tables, staff assistance to clean cement pad (prior to event; AND THAT this resolution be read in conjunction with the February 2, 2017 Council resolution regarding Watermelon Fest parade. NOTIFICATION OF SPECIAL EVENT Special Event Name - £/e cJry i c s �cy ci , Date of Event: p&,- ` /1 7 Start-time - Finish - / M Maximum Number of people expected to attend - Equipment or vehicles to be used - Special Needs - Special Request (Signage/fencing etc.) - (JS e P-12 S-r4r‘,„{fear/ fy < c? ✓'ice /r Sponsoring Organization: 5/rw'Pr o;,iv /lam- ComAl (a,H• ; e Signing Officer Name & Signature -43- "6- Municipal Approval Signature - Upon approval by Council, copies of this notice must be forwarded a minimum of one month (30 days) prior to event to the following: Ontario Provincial Police Fire Chief& Station Chiefs 42696 John Wise Line,RR 5 Municipality of Bayham St. Thomas,ON N5P 3S9 9344 Plank Rd., Box 160 Phone: 519-631-2920 Straffordville,ON NOJ IVO Fax: 519-631-2923 519-866-5521 Cell: 519-878-6029 Fax: 519-866-3884 Central Ambulance Communications Centre Tillsonburg Fire Dispatch 1510 Woodcock Street,Suite#20 80 Concession Street East London,ON N6H 5S1 Tillsonburg, ON N4G 4Z8 519-661-1784 519-842-2905(non-emergency#) Fax: 519-661-1799 Fax: 519-842-2190 Public Works Manager Clayton Watters,Engineer Municipality of Bayham County of Elgin Box 160 450 Sunset Drive Straffordville, ON NOJ 1Y0 St.Thomas,ON N5R 5V1 519-866-5521 Fax: 866-3884 519-631-1460 Fax: 519-633-7661 Elgin-St.Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 File: Forms/Event Notice NOTIFICATION OF SPECIAL EVENT Special Event Name- Date of Event: 5 23//7 Start-time- Finish- /= Maximum Number of people expected to attend - 7 Equipment or vehicles to be used - Special Needs - Special Request(Signage/fencing etc.)- /1 ce 6-0„, ,/y Sponsoring Organization: 5-1--,,_ff(-,rJij, //c' ( //am( -# 17 Cern, ; eco Signing Officer Name & Signature - A Municipal Approval Signature- Upon approval by Council, copies of this notice must be forwarded a minimum of one month (30 days) prior to event to the following: Ontario Provincial Police Fire Chief& Station Chiefs 42696 John Wise Line,RR 5 Municipality of Bayham St. Thomas,ON N5P 3S9 9344 Plank Rd., Box 160 Phone: 519-631-2920 Straffordville,ON NOJ 1Y0 Fax: 519-631-2923 519-866-5521 Cell: 519-878-6029 Fax: 519-866-3884 Central Ambulance Communications Centre Tillsonburg Fire Dispatch 1510 Woodcock Street,Suite#20 80 Concession Street East London,ON N611 5S1 Tillsonburg, ON N4G 4Z8 519-661-1784 519-842-2905(non-emergency#) Fax: 519-661-1799 Fax: 519-842-2190 Public Works Manager Clayton Watters,Engineer Municipality of Bayham County of Elgin Box 160 450 Sunset Drive Straffordville,ON NOJ 1YO St.Thomas,ON NSR 5V1 519-866-5521 Fax: 866-3884 519-631-1460 Fax: 519-633-7661 Elgin-St.Thomas EMS Duty Manager Fax: 519-637-3484 Phone: 519-637-3098 File: Forms/Event Notice Electronic Recycling 2017 — Resolution THAT Notificaitons of Special Events from Straffordville Community Committee be received for information; AND THAT the Council of the Municipality of Bayham approves: • Use of the Straffordville Community park, parking lot by the Straffordville Community Committee for two Electronic Recycling events May 6, 2017 from 9:00 a.m. — 1:00 p.m. and September 23, 2017 from 9:00 a.m. — 1:00 p.m. subject to provision of certificate of liability insurance in the minimum amount of$2,000,000.00 naming the Municipality of Bayham as additional insured; AND THAT going forward Parking Lot bookings be made through the Facility Manager in accordance with By-Law 2016-059, Rates and Fees By-Law. BAYHAM HISTORICAL SOCIETY C/o Lynda Millard 53678 Calton Line RR 6, Aylmer, ON N5H 2R5 January 2, 2017 Bayham Mayor Paul Ens & Council Members Municipality of Bayham 56169 Heritage Line Box 160, Straffordville, ON NOJ 1Y0 Dear Mayor & Council Re: Fee Waiver Letter Good day, I trust everyone has enjoyed their Christmas and New Year's break and are looking forward to good things in 2017! Thank you for the opportunity for the Bayham Historical Society to bring forward information for two of our proposed events for 2017. From correspondence received by the EdisonFest Committee and the Bayham Historical Society in August 2016, from Brenda Gibbons, the Bayham Historical Society is of the understanding that Council will continue to support municipal festivals in Bayham, including EdisonFest. The Bayham Historical Society respectfully requests Council's support for our proposed celebration of Canada's 150th sesquicentennial events in Bayham, as part of EdisonFest on June 2"a 3rd &4th this year. In addition to financial support, permission is requested to utilize the Vienna Memorial Park, including the pavilion and food booth on all three days, plus the Vienna Community Centre and Edison Field, on the Friday & Saturday only. Page 1 of 2 Page 2 of 2 Support is also requested for closure of Plank Road in Vienna, on Friday June 2', from the east side of Oak Street to the west side of Edison Drive, closure of Elm Street at Plank and Fulton Street between 7:00 pm and 11:00 pm., for the purpose of holding a "street dance" on Plank Road, utilizing municipal signage and fencing, with closure, safety precautions and re-opening to be carried out by the Bayham Public Works, and a letter sent by the Municipality to the County of Elgin, requesting approval of the Plank Road closure, as necessary. Use of the Vienna Memorial Park for the weekend will require access to the outside water outlets in the park, electricity from the hydro panels and access to the food booth (for use of tables and chairs stored therein and food sales) by Friday June 2nd, delivery and placement of 30— 35 picnic tables, garbage and recycle containers throughout the Vienna Park and use of twelve or so safety barriers and cones and use of the paint line marking wheel. *A completed Event Road Closure Request Form and map are enclosed. A second confirmed event by the Bayham Historical Society is the annual Edison Dinner at the Vienna Community Centre on Saturday, November 11th. Activities will include dinner, music, dancing, silent auction and cash bar. Several other Edison fundraising events are currently being investigated and considered for 2017. Any necessary requests to Council for approval, support, if/as needed, will be submitted for consideration and posting, as they become available. We trust that the food booth and playground equipment upgrades approved for the Vienna Memorial Park will be completed in a timely manner prior to EdisonFest, so that the park improvements can be officially recognized as part of our Canada 150th celebrations. It is expected that the above information is sufficient for Council's consideration and support, however, if there are any questions or concerns, please give me a call or send an email. My phone# is 519-773-8798, my email Imillard• eastlink.ca. Thank you. Yours truly Lynda Millard, Treasurer Encl>a. Bayham Historical Society File: BHS/2017-01-02 r__„.......„ . _- - _•_,,, 44 t _. iI Ii , _ _ , - _ a ; 11 ,?6 x., lei \V ,, , ,, \ Ili • 4 VCG t 110,' • ' '' - . --1..CS -at.- • - ' ---' ' , Ar) i - __-1.24•2,,•,:l% •Alwpw---1 , \_. • _ ,..114114, --....--,„,„_„,,,-, - AV ......- . , 4 4 Ilik'CJi I i ' , vs CO0m4U1111 - - -.;1 1 , ',..-( 't.11.1611 _ - / ftil It 1 -_-> ... . tottp, __-- _ :.--:,-,it:zg5: ZQ _ , , a 1,.._, ._ 718t-LW.airl _ Iii-„tAmo - - L. _ - - / I I_ _ :__ ____ _ / - 1 ("V _ _ _ _ L L448 itti -1',, ' - EVENT ROAD CLOSURE REQUEST FORM (This form must be submitted to Council at least 6 weeks prior to event) Name of Organization Making Request- Name of Special Event- -1 k / Date of Special Event- , d- �/ C fZezh - Start-time of Event- %p �ct- 641, Finish - /1 p Route-(*Map provided-please highlight route) - �?J�-� �P� izfi cPN �. , / 7 21i4A, .4,- Specific Request(Road Closure,Traffic Control etc.) i y . 1 , _1-1"1\ r Maximum Number of people expected to attend - - 3 c)c'; . Any Special Needs P Wt.) 7 eten, // pin. Applicant Organization's Authorized Member Name 1-1,6 « ,r-j & Signature 2 = -\,�J 9 Municipal Representative Signature- Organizers are to notify the following a minimum of one month prior to proposed event: Ontario Provincial Police Tillsonburg Fire Dispatch 42696 John Wise Line, RR5 80 Concession Street East St. Thomas, ON N5P 3S9 Tillsonburg, ON N4G 4Z8 Phone: 519-631-2920 Phone: 519-842-2905 (non-emergency#) Fax: 519-631-2923 Fax: 519-842-2190 Cell: 519-878-6029 Elgin-St. Thomas EMS Central Ambulance Communications Centre Duty Manager 1510 Woodcock Street, Suite#20 Fax: 519-637-3484 London, ON N6H 5S1 Phone: 519-637-3098 Phone: 519-661-1784 Fax: 519-661-1799 ... 2 Edisonfest 2017 — Resolution THAT correspondence from Bayham Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2,000,000.00 for each event: • Use of the Vienna Memorial Park including pavilion and food booth June 2, 3 & 4; • Use of Vienna Community Centre June 2 & 3 for Edison Fest and November 11, 2017 for Edison Dinner at no cost; AND THAT Council do not support the request for the closure of Plank Road in Vienna from the east side of Oak Street to the west side of Edison Drive and closure of Elm Street at Plank Road and Fulton Street June 2, 2017 from 7:00 p.m. — 11:00 p.m. AND THAT Council direct staff to provide access to food booth, water and utility panels at the Vienna Memorial Park; AND THAT Council direct staff to provide 30 — 35 picnic tables and waste receptacles at Vienna Memorial Park; AND THAT clean up of all areas and any costs therof, be the responsibility of the organizers. a/4, Bayham 7 o E C E I V E g.5.s FEB 2 2 2017 b , Historical Society MUNICIPALITY BAYHAM eland Pott Bulgy C/o 53678 Calton Line R.R. #6, Aylmer, ON N5H 2R5 February 22, 2017 Mayor Ens and Council Municipality of Bayham Box 160 56159 Heritage Line Straffordville, ON NOJ 1Y0 Dear Mayor and Council Members Re: Bayham Historical Society— Report to Council and Edison Draft Plan Submission Further to ongoing efforts by the Bayham Historical Society to assist in reducing financial pressures on Council by accepting responsibility for the Edison artifact collections and further to the correspondence update provided to Council at the December 15th meeting, we submit the following. Arrangements have been made to accept the transfer of the Vienna Edison Museum and Bayham community artifact and document collections from the Municipality for storage in a suitable location, with the moving date arranged by the Municipality at the end of February. Suitable and appropriate insurance coverage of the artifact collection and as needed for the ongoing activities of the Society has been acquired. An application for grant funding to support a summer student has been submitted. Society members are working diligently to undertake familiar fundraisers, such as the annual EdisonFest and November dinner. EdisonFest from June 2nd to 4th will include 3 days of activities this year, including an "Edison Rocks" dance with special musical entertainment by Moondog Uproar on Friday evening, opening of a "Plank Road: Travel through Bayham" display, family day games, activities and possibly a twilight movie in the Park on Saturday and a Heritage day on Sunday, with period costumes and games including the Cross-Cut Saw competition, in recognition of Canada's 150th celebration. We will be utilizing familiar raffles and lotteries, seeking new ways to create, develop and promote local interest and profitable community and fundraising activities. Community displays and sales will continue at the Bayham's Family Table restaurant with visitor tours available. Society members will be seeking and pursuing appropriate grant and other funding sources, as well as commitments for cash, in kind materials and other resources. Page 2 of 2 We expect to start building in the next 3 - 5 years and respectfully request that Council commit to the transfer of the vacant land at#6342 Plank Road and the funds remaining in the Edison Building Reserve Fund to the Bayham Historical Society until such time as we are able to build and, at the request of the Bayham Historical Society, be transferred to the Society and a building permit issued, so that the project may proceed. Again we ask, and request a written response that ongoing Municipal support for promotion of Edison museum display sites in tourism promotional material, brochures and on the Bayham website continue for up to five years. A response is also requested from Council for permission to put promotional signage for Bayham Historical Society activities and events on the property at 6342 Plank Road, to use the Vienna Memorial Park on the Victoria Day week-end May 20th—22nd for a garage sale and during the Talbot Trail of Yard Sales on Saturday August 19th, and to re-paint the Vienna village map sign in the Park. For the opportunity to provide this update to Council, and for your consideration, anticipated support and response, we thank you. Yours truly Darya Rousseau, President Bayham Historical Society File: 2017-02-22 TFiankyou for supporting the Edison(Museum of Vienna c:',) ELGIN SIAAPPII ,rv4 nn • q. 411 Legend _ ' ce-O . . ' s II 1111 1 ❑ Parcels Lot Lines —_ - Lagoons I r lit I 1 -y Local 4 i - Arterial II — Highways t+ __ -- ' l, - World Street Map t P; : .1 �' e. r _ �r :5' ti :Y, *9lh —s, ., , 1 " J} _ ; :' 1 111 '� `, - - 7iii -_f iiii i ----- =— i ---- ' , O. .I. 1 - — 1 r1 I _ "= ' 44It 11 1 I11 - 1II 4 II 1 � _ _ �>�w, 111 1111�1 ' 11 II1 -1 I'I 11 ti r 1 ' 1I 4'1 _. - 5 V______________- 4 1 - I =- J1 11 �, y , __ \� • I. G4', 1 14 a 1: 1,665 * I 1 Notes 0.1 0 0.04 0.1 Kilometers This mapis a usergenerated static output from an Internet mapping site and is for I p pp 9 reference only.Data layers that appear on this map may or may not be accurate, WGS_1984_Web_Mercator_Auxiliary_Sphere current,or otherwise reliable. ©Latitude Geographics Group Ltd. THIS MAP IS NOT TO BE USED FOR NAVIGATION Edison Draft Plan Submission 2017 — Resolution THAT correspondence from Bayham Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves the use of the Vienna Memorial Park, subject to provision of certificate of liability insurance in the minimum amount of $2,000,000.00 for each event: • May 20 — 22, 2017 for a garage sale; • August 19, 2017 for Talbot Trail yard sales; AND THAT clean up of all areas and any costs therof, be the responsibility of the organizers AND THAT Council approve the use of existing tourism brochures and Bayham website for Edison Museum information to be approved annually with Edison Fest request; AND THAT staff be directed to investigate repairing or obtaining a decal for the Vienna Village Map sign in Vienna Memorial Park; AND THAT Council direct staff to dispose of the storage shed and gazebo at 12 Snow Street. -$AYHAdvz 434.00.4.„4.4„:„, • REPORT o 4.cv CAO pprisk Jrtunity Is�o�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 2, 2017 REPORT: CAO-06/17 SUBJECT: CANADA DAY— CANADA 150 BACKGROUND On August 18, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT correspondence from Susan Start on behalf of Port Burwell Historical Society Regarding Canada 150 in 2017 be received for information; AND THAT Councillor Ketchabaw be appointed as Council representative and Paul Shipway be appointed as staff representative to the Planning Committee. On January 3, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT staff be directed to add $3,000 to the Parks & Recreation Canada 150 - Special Events line item. The community driven Canada Day— Canada 150 Committee has met twice and produced a significant amount of great ideas and concepts, the main outline of which is as follows: Bayham Celebrates Canada 150 In Grand Style Representatives from the Municipality and organizations and businesses across Bayham have been meeting since October to plan community-wide Canada 150 recognitions. Everyone is welcome to the next meeting: Thursday, March 9, 5:30 p.m., Periscope Playhouse, Port Burwell. Our Canada 150 Themes "Paint The Town Red...And White" "1967 —Where Were You In Centennial Year?" "Honouring Veterans and Peacekeepers in Canada's History" Join us in Port Burwell on July 1st for Bayham's biggest Canada Day celebrations ever! Ways Your Family, Business or Organization Can Get Involved 1. Light up your house, store or boat. Bring out your red and white Christmas lights for the summer! Let's light up our whole municipality on our festivals — June 2-4 for Edisonfest; June 30—July 2 for Canada Day; August 4-7 for Beachfest; and August 25-27 for Watermelonfest. 2. Decorate your house exterior. Plant red & white flowers. 3. Pick one of our three themes and bring a float to our biggest July 1" parade ever. 4. Dress in costume for Canada Day—from any period in Canada's history, or in fun red &white. 5. Kids: Decorate your bikes and ride in the parade. 6. Bring a historical display about your family, business or organization to our all- day Canada Day Erieus Streetfest. Check www.bayham.on.ca frequently for event updates. DISCUSSION The Community Committee landed on consensus for Council consideration of commemorative Community Markers, being weathervanes, atop municipal structures in local communities, each with a design that is representative of that community, for example (all to be mounted on a 3ft rod and mounting hardware): 1) Vienna Memorial Park Pavilion — Edison Theme a. Light bulbs on the directional (North, South, East, West) and a lightning bolt as the main vane. This vane itself is 18" in height by 3 ft. in length, with the width being 4". 2) Straffordville Community Centre Pavilion —Tabacco/Farming Theme a. Large tobacco leaf outline with a farming scene inserted. Tobacco kiln and tractor (Farmall C). Dimensions of 18" in height by 3 ft. in length, 4" width. 3) Port Burwell Gazebo— Nautical Theme a. Three masted lake schooner. The schooner itself will be 3 ft. in height by 3 ft. in length. Each weathervane is three-dimensional. This one is approximately 4" in wide. • • 1114\ M' 1 4) Corinth — Farming Theme— Horse & Plow a. Cow drawn, walk behind furrow plow. Dimensions of 18" in height by 3 ft. in length, 4" width. The concept would be that these weathervanes would be a legacy project that ties the communities together and other locations (i.e. Eden) can be added in the future when a structure exists. Mr. Dave Verkuil, a local artist/coppersmith/craftsman has outlined the above designs with an approximate costing of$630/weathervane. Further, Council may consider unveiling the weathervanes throughout the year at the various festivals. RECOMMENDATION 1. THAT Report CAO-06/17 re Canada Day— Canada 150 be received for information. 2. AND THAT Council direct staff to procure commemorative Canada Day 150 Weathervanes from Mr. Dave Verkuil for the following locations: • Port Burwell — Market Square Gazebo • Vienna —Vienna Memorial Park Pavilion • Straffordville — Straffordville Community Centre Pavilion • Corinth — Corinth Pavilion Respectfully Submitted by: Paul Shipway CAOICIerk -$AYHAdvz 40471.% REPORT 4.y CAO 4wPortunity IsIto** TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 2, 2017 REPORT: CAO-07/17 SUBJECT: RECYCLING, WASTE COLLECTION AND REFUSE AND DEBRIS BY-LAW BACKGROUND On March 1, 2012 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2012-029, being a by-law for the provision of Waste Collection and Recycling in the Municipality of Bayham. A copy of By-law 2012-029, as amended is attached hereto as Appendix 'A'. DISCUSSION By-law No. 2012-029 was written as a procedure in the form of the By-law. As a result, the by- law contains no actual enforceable provisions. Over the past year staff have attempted to utilize educational correspondence and in person discussions to rectify compliance issues to no avail. As a result staff redrafted the Recycling, Waste Collection and Refuse and Debris By-law correcting typographical errors, reformatting and redrafting Section 2 — General Provisions to create enforceable offences contemplated, but not effectively drafted in By-law 2012-029. A copy of the proposed Recycling, Waste Collection and Refuse and Debris By-law is attached hereto as Appendix 'B'. Additionally the proposed Recycling, Waste Collection and Refuse and Debris By-law proposes to set the 2018 Garbage Bag Tag levels at the same level as 2017. 2018 Bag Tag Distribution Property Type No. of Free Tags Residential 52 Commercial 86 Agricultural (with Farm No.) +16 With the Province and relevant parties still working through the ramifications of Bill 151, The Waste-Free Ontario Act(WFOA) staff respectfully recommend remaining status quo in bag tag distribution procedures. Bill 151 creates a new legislative framework for waste management in the Province and is proposed to transition the existing diversion programs under the Waste Diversion Act (WDA) including the Blue Box, Municipal Hazardous and Special Waste, Waste Electrical and Electronic Equipment and Tires to a new framework. Bill 151 is focused on creating a circular economy strategy through supporting Provincial Policy Statements and the development of an organic strategy. Municipally-run and co-funded Blue Box programs are supposed to be transitioned toward an Extended Producer Responsibility (EPR) regime that requires producers to cover all end-of-life costs for waste. The municipal role in this system is still evolving. Eventually, it is imagined that producers will be fully responsible for meeting target recovery rates for designated products and packaging. Until the Municipality is notified of the resolution of significant post-transition issues such as level of diversion rates, geographic requirements and what materials will be designated, municipal programs will continue to run as is. RECOMMENDATION 1. THAT Report CAO-07/17 re Recycling, Waste Collection and Refuse and Debris By-law be received for information. 2. AND THAT staff be directed to bring forward a Recycling, Waste Collection and Refuse and Debris By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2012-029 A By-Law for the provision of Waste Collection and Recycling in the Municipality of Bayham WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Waste Collection and Recycling in the Municipality; NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: Article 1 CITATION 1,1 This By-law may be cited as the "Waste Collection and Recycling By-law". Article 2 INTERPRETATION 2.1 By-law Enforcement Officer- defined "By-law Enforcement Officer" means a person who may from time to time be appointed by the Council of the Corporation as a By-law Enforcement Officer. 2.2 Manager- defined "Manager" means the person who may from time to time be appointed by the Council of the Corporation to the position of Manager of Public Works. 2.3 Blue Box - defined "blue box" means the container or other device supplied by the Municipality for the collection of recyclable waste. 2.4 Bayham Garbage Tag- defined "Bayham Garbage Tag"means the self-adhesive tag provided by the Municipality to be affixed to non-recyclable garbage set out for collection. 2.5 Construction Debris - defined "construction debris"means discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property(including land). 1 2.6 Container- defined "container"means, 2.6.1 a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or 2.6.2 a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more thanl 8 kilograms (40 pounds); or 2.6.3 any other receptacle as approved by the Municipality. 2.7 Farming Business—defined "farming business" means a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 2.8 Hazardous Materials- defined "hazardous materials"includes, but not be limited to,the following: Antifreeze Motor Oil Auto Batteries Nail Polish Degreasers Oven Cleaner Disinfectants Paints Drain Cleaner Pesticides Drycell Batteries Pharmaceutical Flea Powder Propane Tanks Floor Wax Septic Tank Cleaners Herbicides Solvents Metal Polish Wood Preservatives 2.9 Major Appliances—Large Household Furnishings—defined "major appliances and large household furnishings" means all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 2.10 Municipality- defined "Municipality"means The Corporation of the Municipality of Bayham. 2.11 Non-collectable Waste—defined "non-collectable waste"means the following: (a) manufactured or industrial waste; 2 (b) any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; (c) construction debris; (d) sawdust and/or shavings; (e) liquid waste; (f) hay, straw and manure; (g) carcass of any animal; (h) major appliances and/or large household furnishings; (i) any material which has become frozen to the container and cannot be removed by shaking; (j) discarded tires; (k) any appliance that contains or operates on Freon gas; and (1) Hazardous Materials. 2.12 Non-recyclable Garbage- defined "non-recyclable garbage" means all garbage and other refuse except non- collectable waste and recyclable waste. 2.13 Place of business- defined "place of business" means a property assessed for commercial property taxes on the Assessment Roll. 2.14 Recyclable Waste- defined "recyclable waste" means such items as the Manager identifies from time to time as being suitable for collection for recycling purposes. 2.15 Residential Unit- defined "residential unit" means one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. 2.16 Waste—defined "waste"means non-recyclable garbage and recyclable waste. Article 3 GENERAL PROVISIONS 3.1 Application—all owners—occupants The provisions of the By-law apply to the owners and occupants of all residential, commercial and institutional lands uses within the Municipality. 3 3.2 Holiday Pickup--direction of Manager The Municipality,under the direction of the Manager shall, if a holiday or holidays occur in any week of regular collection,reserve the right to collect non- recyclable garbage and recyclable waste at the Municipality's convenience. 3.3 Collection—separation of waste Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. 3.4 Enforcement—By-law Enforcement Officer- representative It shall be the duty of the By-law Enforcement Officer to enforce the provisions of this By-law. Article 4 COLLECTION OF WASTE 4.1 Weekly pickup—as published—non-recyclables Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Manager. 4.2 Weekly pickup—as published—recyclables Collection of recyclable waste will be made weekly on the day or days of the week designated by the Manager. 4.3 Waste separate—recyclables—other—set out All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Manager. 4.4 Collections—non-collectable waste—prohibited The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 4.5 Garbage—placed in proper container The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 4.6 Collection—waste generated in Municipality—only No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 4 4.7 Waste—set out—from property generated No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 4.8 Non-recyclable garbage - collection Non-recyclable garbage over and above the quantity specified in Section 5.2 may be removed and disposed of, at the discretion of the Manager, at a charge based on time tnd material, payable in advance. 4.9 Container—location—type—multiple residential The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Manager or his/her appointee. 4.10 Garbage storage structures- requirements All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. Article 5 COLLECTION- PROCEDURE 5.1 Recyclable—waste-placement Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 5.2 Waste—set out for collection All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Manager. The Manager may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, as required by Section 6 of this by-law. 5.3 Recyclable waste—no limit There is no Iimit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 5.4 Deadline for deposit at curb Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 a.m. of the day on which collection of that waste is 5 scheduled, provided that, at all times, such waste shall not be set out for collection prior to sundown of the previous day. 5.5 Waste- separated Waste which is set out for collection shall be separated into recyclable and non- recyclable categories. The Manager or his designate have sole discretion to determine if such waste is not to be collected. 5.6 Waste—not removed—owner responsibility Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before the end of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By- law and set out again for collection on another scheduled day. 5.7 Yard waste collection—special times-requirements By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop-offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 5.8 Household hazardous waste days - designated The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 5.9 Major appliances—collection- designated By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5.10 Freon removal—owner responsibility Any appliance containing or operating on Freon gas will not be collected at any time unless proof can be provided to the Municipality that the Freon has been removed by a licensed contractor. 5.11 Salvage-interference with garbage No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the 6 salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Article 6 REQUIREMENTS FOR BAYHAM GARBAGE TAGS 6.1 Use of Garbage Tag (a) No person shall set out for collection any plastic bag, as referred to within the definition of"container" pursuant to this By-law, of non-recyclable garbage unless: (i) it has a"Bayham Garbage Tag" affixed to its exterior; and (ii) the "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. (b) No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 6.1(a) above, unless: (i) it has a "Bayham Garbage Tag" affixed to the top item inside the receptacle; and (ii) the "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 6.2 Fees The fee for a "Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 6.3 Collection of Untagged Non-Recyclable Garbage (a) Any non-recyclable garbage not exhibiting a `Bayham Garbage Tag" as reflected in Section 6.1 above shall not be collected by the contractor retained by the Municipality to do so. Any such non-recyclable garbage set out for collection but not meeting the requirements of Section 6.1 above may otherwise be collected by the Municipality. The person who directly or by means of an agent set out such non-recyclable garbage for collection without meeting the requirements of Section 6.1 above shall be liable for the total expenses incurred by the Municipality for removal of such non-recyclable garbage at a rate set by the Municipality and as revised from time to time plus any applicable interest or penalties. Payment of such expenses shall be made within thirty days after receipt of an invoice indicating the total expenses incurred by the Municipality. (b) In the event that the person liable to the Municipality for the total expense of collection of such non-recyclable garbage owns lands within the 7 Municipality, any unpaid invoices rendered for the removal of such non- recyclable garbage shall be added to the tax roll for the lands owned by such person within the Municipality and thereafter collected in like manner as municipal taxes. (c) In the case of a condominium corporation, the condominium corporation shall remain liable to the Municipality for any costs incurred by the Municipality at a rate set by the Municipality as revised from time to time in collecting non-recyclable garbage without the appropriate "Bayham Garbage Tag" from or adjoining the premises of the condominium corporation regardless of whether such untagged non-recyclable garbage can be attributed to the condominium corporation, an owner or tenant of a condominium unit, or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such non- recyclable garbage shall be added to the tax roll of the condominium corporation and be collected in like manner as municipal taxes. (d) In the case of multi-residential, institutional or commercial properties the owner of such property shall remain liable to the Municipality for any costs incurred by the Municipality at a rate set by the Municipality as revised from time to time in collecting non-recyclable garbage without the appropriate "Bayham Garbage Tag" from or adjoining the premises of such property regardless of whether such untagged non-recyclable garbage can be attributed to such multi-residential, institutional or commercial property, an owner, tenant of such property or any other person. All invoices shall be payable within 30 days after receipt. Invoices that remain unpaid for such non-recyclable garbage shall be added to the tax roll of such property and collected in like manner as municipal taxes. Article 7 ENFORCEMENT 7.1 Fine—for contravention Every person who contravenes any of the provisions of this By-law is guilty of an offence and shall upon conviction thereof is liable to a fine as provided in the Provincial Offences Act. Article 8 SEVERABILITY 8.1 Validity If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 8 Article 9 REPEAL 9.1 Repeal of By-law Any by-law inconsistent with this By-law is hereby repealed. Article 10 ENACTMENT 10.1 Effective date This By-law shall come into full force and take effect on June 1, 2012. - 7 - READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 1ST DAY OF MARCH,2012. 4e)e • f IL Clerk <yor 9 By-law No.2012-029 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 90 "Bayham Garbage Tags" for the year 2012 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. b) Each Place of Business with 120 "Bayham Garbage Tags" for the year 2012 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. c) Each Farming Business with 45 `Bayham Garbage Tags" for the year 2012 at no charge to the Fanning Business upon the Fanning Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. 10 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2013-059 A BY-LAW TO AMEND BY-LAW NO. 2012-029 AS AMENDED,BEING A BY-LAW FOR THE PROVISION OF WASTE COLLECTION AND RECYCLING IN THE MUNICIPALITY OF BAYHAM WHEREAS the Council of the Municipality of Bayham passed By-law No. 2012-029 March 1st, 2012, to establish regulations respecting Waste Collection and Recycling in the Municipality; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to amend by- law 2012-029 to establish the 2014 Bag Tag program; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT Schedule"A"to By-law 2012-029, as amended,be and the same is hereby repealed and replaced with Schedule"A"as attached hereto and forming part of this by-law. 2. THAT this by-law shall to come into effect January 1, 2014. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 20TH DAY OF JUNE, 2013. arrofte Clerk M or By-law No. 2013-059 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 104 "Bayham Garbage Tags" for the year 2014 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. b) Each Place of Business with 156 "Bayham Garbage Tags" for the year 2014 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. c) Each Farming Business with 45 `Bayham Garbage Tags" for the year 2014 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$1.50 per tag. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-XXX BEING A BY-LAW FOR THE PROVISION OF RECYCLING AND WASTE COLLECTION AND TO PROHIBIT THE DEPOSITING OF REFUSE OR DEBRIS ON LANDS WITHIN THE MUNICIPALITY OF BAYHAM WITHOUT THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT OF THE LAND. WHEREAS, Section 11 of the Municipal Act, 2001, S.O 2001, c.25, as amended, provides that a municipality may pass a by-law with respect to the health, safety and wellbeing of persons; AND WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Recycling, Waste Collection and to prohibit the depositing of refuse or debris on lands within the Municipality of Bayham without the consent of the property owner or occupant of the land. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Recycling, Waste Collection and Refuse and Debris By-law' SECTION 1 — DEFINITIONS For the purpose of this by-law: 1.1 'Blue Box' shall mean the container or other device supplied by the Municipality, at the cost of the owner, for the collection of recyclable waste. 1.2 `Bayham Garbage Tag' shall mean the self-adhesive tag provided by the Municipality, at the cost of the owner, to be affixed to non-recyclable garbage set out for collection. 1.3 `Construction Debris' shall mean discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property (including land). 1.4 `Container' shall means: i. a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or ii. a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more than18 kilograms (40 pounds); or iii. any other receptacle as approved by the Municipality. 1 1.5 `Farming Business' shall mean a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 1.6 `Hazardous Materials' shall include, but not be limited to, the following: i. Antifreeze xii. Pharmaceutical ii. Motor Oil xiii. Flea Powder iii. Auto Batteries xiv. Propane Tanks iv. Nail Polish xv. Floor Wax v. Degreasers xvi. Septic Tank Cleaners vi. Oven Cleaner xvii. Herbicides vii. Disinfectants xviii. Solvents viii. Paints xix. Metal Polish ix. Drain Cleaner xx. Wood Preservatives x. Pesticides xxi. Light bulbs xi. Drycell Batteries 1.7 `Land' shall mean any and all lands within the Municipality, both private and public, and includes highways, road allowances, bridges, culverts, ditches, curbs and gutters, and parks; 1.8 `Major Appliances and Large Household Furnishings' shall mean all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 1.9 `Municipality' shall mean the Corporation of the Municipality of Bayham. 1.10 Non-collectable' shall include, but not be limited to: i. manufactured or industrial waste; ii. any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; iii. construction debris; iv. sawdust and/or shavings; v. liquid waste; vi. hay, straw and manure; vii. carcass of any animal; viii. major appliances and/or large household furnishings; ix. any material which has become frozen to the container and cannot be removed by shaking; x. discarded tires; xi. any appliance that contains or operates on Freon gas; and xii. Hazardous Materials. 1.11 Non-recyclable Garbage' shall mean all garbage and other refuse except non- collectable waste and recyclable waste. 2 1.12 `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; 1.13 `Owner' shall mean the person listed as the Owner in the most recent tax assessment roll. 1.14 `Person' shall include an individual, owner, occupant, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person; 1.15 `Place of business' shall mean a property assessed for commercial property taxes on the Assessment Roll. 1.16 `Recyclable Waste' shall mean such items as the Municipality identifies from time to time as being suitable for collection for recycling purposes. 1.17 `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 debris iv. celluloid cuttings, v. hazardous waste vi. non-recyclable waste vii. recyclable waste viii. material or thing soaked in oil or gasoline ix. domestic waste x. grass cuttings, leaves and vegetation xi. hay, straw and manure xii. manufacturers/industrial waste xiii. sawdust and shavings xiv. sewage and paper sludge xv. snow and ice xvi. swill, soil, dirt earth or organic material xvii. tree branches or roots xviii. 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; 1.18 `Residential Unit' shall mean one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. Section 2— General Provisions 2.1 No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or permit or allow to be thrown, placed or deposited, any Refuse or Debris on any Land Within the limits of the Municipality, without the written consent of the owner or occupant of the Land. 3 2.2 No Person shall, knowingly or unknowingly, fail to remove any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 7:00PM on the day following the normal waste pick-up day. 2.3 No person shall knowingly or unknowingly set out any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 4:00 PM of the day prior to collection of that waste is scheduled. 2.4 No Person shall fail to retrieve Refuse or Debris from the location it had been set out for collection pursuant to this Bylaw by 7:00 PM on the calendar day on which on which collection was scheduled and which Refuse or Debris had not been collected by the Municipality during that day. Section 3— Collection of Waste 3.1 Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Municipality. 3.2 Collection of recyclable waste will be made weekly on the day or days of the week designated by the Municipality. 3.3 All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Municipality. 3.4 The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 3.5 The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 3.6 No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 3.7 No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 3.8 The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Municipality. 3.9 All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. 3.10 The Municipality, if a holiday or holidays occur in any week of regular collection, reserves the right to collect non-recyclable garbage and recyclable waste at the Municipality's convenience. 4 3.11 Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. Section 4— Collection Procedure 4.1 Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 4.2 All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Municipality. The Municipality may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, pursuant to the provisions of this by-law. 4.3 There is no limit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 4.4 Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 AM of the day on which collection of that waste is scheduled, provided that, at all times, such waste shall not be set out for collection prior to 4:00 PM of the previous day. 4.5 Waste which is set out for collection shall be separated into recyclable and non- recyclable categories. The Municipality shall have sole discretion to determine if such waste is not to be collected. 4.6 Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before 7:00 PM of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By-law and set out again for collection on another scheduled day. 4.7 By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop- offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 4.8 The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 4.9 By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5 4.10 No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Section 5— Requirements for Barham Garbage Tags 5.1 No person shall set out for collection any plastic bag, as referred to within the definition of"container" pursuant to this By-law, of non-recyclable garbage unless: i. it has a current year"Bayham Garbage Tag" affixed to its exterior; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. 5.2 No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 5.1 above, unless: i. it has a current year "Bayham Garbage Tag" affixed to the top item inside the receptacle; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 5.3 The fee for a current year "Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 5.4 Any non-recyclable garbage not exhibiting a current year "Bayham Garbage Tag" as reflected in Section 5 of this by-law shall not be collected by the contractor retained by the Municipality to do so. Section 6— Enforcement 6.1 Every Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, and c.P.33, as amended. 6.2 In addition to any penalty otherwise provided by law, any person found in contravention of this Bylaw shall also be liable to the Municipality for the cost removal of any waste, refuse, or debris associated with such contravention. 6.3 This by-law shall be enforced by a Municipal Law Enforcement Officer or a Police Officer. Section 7 - Administration 7.1 If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 7.2 This By-law shall come into full force and effect on March 2, 2017. 6 7.3 By-law No. 2012-029 as amended, and 1996-004 as amended, shall be repealed in their entirety READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MARCH, 2017. Clerk Mayor 7 By-law No. 2017-XXX Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 52 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of $2.00 per tag. b) Each Place of Business with 86 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. c) Each Farming Business with 16 "Bayham Garbage Tags" for the year 2018 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. 2018 Bag Tag Distribution Property Type No. of Free Tags Residential 52 Commercial 86 Agricultural (with Farm No.) +16 111114111\) 8 iv., , m • REPORT 46opp 4- .y CAO ui'tunity ISIS TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 2, 2017 REPORT: CAO-08/17 SUBJECT: RFP 17-01 EMERGENCY & FIRE EQUIPMENT INSPECTIONS BACKGROUND On January 31, 2017 Request for Proposal (RFP) 17-01 Emergency & Fire Equipment Inspections was issued to invite qualified service providers to submit proposals for annual Emergency and Fire Equipment Inspections at various municipally owned locations. RFP 17-01 closed on February 22, 2017 at noon. DISCUSSION The Municipality previously utilized two service providers to conduct annual inspections on an ad hoc basis. The results of RFP 17-01 Emergency & Fire Equipment Inspections were as follows: COMPANY BID Tillsonburg Fire & Safety Equipment $1,036.00+HST Elgin Fire Extinguishers $1,160.00+HST Taplay Fire Protection Inc. $1,654.00+HST Viking Fire Protection Inc. $1,038.00+HST Vipond Inc. $1,046.60+HST Richardson Fire Systems Inc. $2,032.50+HST In 2016 the two vendors utilized by the Municipality amounted to $1,741+HST for inspection services. The Municipality has experience with Tillsonburg Fire & Safety Equipment and staff respectfully recommend entering into a multi-year agreement ((4) year time period from 2017 — 2021) with Tillsonburg Fire & Safety Equipment for annual Emergency & Fire Equipment Inspections. The contract stipulates that there will be no adjustment in fees paid by the Municipality for the first three (3) years of the Agreement with an increase of 1.5% in year four (4). RECOMMENDATION 1. THAT Report CAO-08/17 re RFP 17-01 Emergency & Fire Equipment Inspections be received for information. 2. AND THAT staff be directed to bring forward a by-law to enter into an agreement for Emergency & Fire Equipment Inspections with Tillsonburg Fire & Safety Equipment for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-020 A BY-LAW TO AUTHORIZE THE EXECUTION OF A CONTRIBUTION AGREEMENT BETWEEN THE CORPORATION OF 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 TOP-UP APPLICATION BASED COMPONENT AGREEMENT WHEREAS the Government of Ontario has created the Ontario Community Infrastructure Fund to: (1) provide stable funding to help small communities address critical core infrastructure needs in relation to roads, bridges, water and wastewater; (2) further strengthen municipal asset management practices within small communities; and (3) help small communities use a broad range of financial tools to address critical infrastructure challenges and provide long-term financial support for the rehabilitation and repair of core infrastructure for those in most need; WHEREAS the Municipality of Bayham is eligible and desirous of receiving funding under the Application-Based Component of the Ontario Community Infrastructure Fund — OCIF AC3-3008; AND WHEREAS the Parties wish to proceed with the required Application-Based Component Agreement; 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 Agreement attached hereto as Appendix "A" and forming part of this by-law 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. 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 2nd DAY OF MARCH 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-021 BEING A BY-LAW FOR THE PROVISION OF RECYCLING AND WASTE COLLECTION AND TO PROHIBIT THE DEPOSITING OF REFUSE OR DEBRIS ON LANDS WITHIN THE MUNICIPALITY OF BAYHAM WITHOUT THE CONSENT OF THE PROPERTY OWNER OR OCCUPANT OF THE LAND. WHEREAS, Section 11 of the Municipal Act, 2001, S.O 2001, c.25, as amended, provides that a municipality may pass a by-law with respect to the health, safety and wellbeing of persons; AND WHEREAS the Council of the Municipality of Bayham deems is necessary and expedient to establish regulations respecting Recycling, Waste Collection and to prohibit the depositing of refuse or debris on lands within the Municipality of Bayham without the consent of the property owner or occupant of the land. NOW THEREFORE the Council of the Corporation of the Municipality of Bayham hereby enacts as follows: SHORT TITLE This By-law may be cited as the `Recycling, Waste Collection and Refuse and Debris By-law' SECTION 1 — DEFINITIONS For the purpose of this by-law: 1.1 'Blue Box' shall mean the container or other device supplied by the Municipality, at the cost of the owner, for the collection of recyclable waste. 1.2 `Bayham Garbage Tag' shall mean the self-adhesive tag provided by the Municipality, at the cost of the owner, to be affixed to non-recyclable garbage set out for collection. 1.3 `Construction Debris' shall mean discarded material resulting from the erection, repair, demolition or improvement of buildings, structures or property (including land). 1.4 `Container' shall means: i. a galvanized metal or plastic container with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) being larger at the top than at the bottom and having a handle and fitted lid, such containers shall weigh no more than 18 kilograms (40 pounds) and must be kept in good repair and a sanitary condition; or ii. a polyethylene plastic bag with a maximum capacity of approximately 0.8 cubic metre (2.75 cubic feet) of 1.4 gauge thickness fastened at the top and weighing no more than18 kilograms (40 pounds); or iii. any other receptacle as approved by the Municipality. 1 1.5 `Farming Business' shall mean a farming business within the meaning of the Farm Registration and Farm Organizations Funding Act, 1993 that is located within the geographic limits of the Municipality of Bayham. 1.6 `Hazardous Materials' shall include, but not be limited to, the following: i. Antifreeze xii. Pharmaceutical ii. Motor Oil xiii. Flea Powder iii. Auto Batteries xiv. Propane Tanks iv. Nail Polish xv. Floor Wax v. Degreasers xvi. Septic Tank Cleaners vi. Oven Cleaner xvii. Herbicides vii. Disinfectants xviii. Solvents viii. Paints xix. Metal Polish ix. Drain Cleaner xx. Wood Preservatives x. Pesticides xxi. Light bulbs xi. Drycell Batteries 1.7 `Land' shall mean any and all lands within the Municipality, both private and public, and includes highways, road allowances, bridges, culverts, ditches, curbs and gutters, and parks; 1.8 `Major Appliances and Large Household Furnishings' shall mean all large or bulky household mechanisms and/or other articles usually used within a residence and for residential purposes, including but not necessarily limited to refrigerators, stoves, washers, dryers, chairs, sofas, tables, beds, and carpeting. 1.9 `Municipality' shall mean the Corporation of the Municipality of Bayham. 1.10 Non-collectable' shall include, but not be limited to: i. manufactured or industrial waste; ii. any explosive, hazardous or highly combustible material of any nature whatsoever, including ashes; iii. construction debris; iv. sawdust and/or shavings; v. liquid waste; vi. hay, straw and manure; vii. carcass of any animal; viii. major appliances and/or large household furnishings; ix. any material which has become frozen to the container and cannot be removed by shaking; x. discarded tires; xi. any appliance that contains or operates on Freon gas; and xii. Hazardous Materials. 1.11 Non-recyclable Garbage' shall mean all garbage and other refuse except non-collectable waste and recyclable waste. 2 1.12 `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; 1.13 `Owner' shall mean the person listed as the Owner in the most recent tax assessment roll. 1.14 `Person' shall include an individual, owner, occupant, a sole proprietorship, a partnership, an unincorporated association, a trust, a body corporate or a natural person; 1.15 `Place of business' shall mean a property assessed for commercial property taxes on the Assessment Roll. 1.16 `Recyclable Waste' shall mean such items as the Municipality identifies from time to time as being suitable for collection for recycling purposes. 1.17 `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 debris iv. celluloid cuttings, v. hazardous waste vi. non-recyclable waste vii. recyclable waste viii. material or thing soaked in oil or gasoline ix. domestic waste x. grass cuttings, leaves and vegetation xi. hay, straw and manure xii. manufacturers/industrial waste xiii. sawdust and shavings xiv. sewage and paper sludge xv. snow and ice xvi. swill, soil, dirt earth or organic material xvii. tree branches or roots xviii. 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; 1.18 `Residential Unit' shall mean one or more habitable rooms assessed for residential property taxes on the Assessment Roll and occupied or designed to be occupied by one or more persons as an independent and separate housekeeping establishment in which separate kitchen and sanitary facilities are provided for the use of such persons or persons. Section 2 — General Provisions 2.1 No Person shall, knowingly or unknowingly, throw, place or deposit, or cause or permit or allow to be thrown, placed or deposited, any Refuse or Debris on any Land Within the limits of the Municipality, without the written consent of the owner or occupant of the Land. 3 2.2 No Person shall, knowingly or unknowingly, fail to remove any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 7:00PM on the day following the normal waste pick-up day. 2.3 No person shall knowingly or unknowingly set out any recyclable waste, waste, containers or receptacles used for any Refuse or Debris prior to 4:00 PM of the day prior to collection of that waste is scheduled. 2.4 No Person shall fail to retrieve Refuse or Debris from the location it had been set out for collection pursuant to this Bylaw by 7:00 PM on the calendar day on which on which collection was scheduled and which Refuse or Debris had not been collected by the Municipality during that day. Section 3— Collection of Waste 3.1 Collection of non-recyclable garbage will be made weekly on the day or days of the week designated by the Municipality. 3.2 Collection of recyclable waste will be made weekly on the day or days of the week designated by the Municipality. 3.3 All recyclable waste shall be separate from non-recyclable garbage and placed in or beside the blue box in accordance with the procedures established by the Municipality. 3.4 The Municipality shall not collect non-collectable waste as defined in this By-law from any residential unit or place of business within the Municipality. 3.5 The Municipality shall not collect any non-recyclable garbage from any residential unit or place of business within the Municipality unless such garbage is placed in a container meeting the requirements of this By-law. 3.6 No person other than a resident of the Municipality or a person who operates a place of business or a farming business within the Municipality, or their agents, shall set out waste for collection. Waste set out for collection shall not include waste from residential units, places of business or farming businesses not within the Municipality. 3.7 No person shall set out waste for collection except at the residential unit or the place of business at which the waste is generated, unless mutually agreed to between abutting property owners. 3.8 The location and type of container for collection of non-recyclable and recyclable waste for apartment buildings, row houses and multiple unit houses will be subject to the approval of the Municipality. 3.9 All special structures or buildings provided for the storage of containers and blue boxes shall at all times be maintained in a clean and sanitary condition preventing entry by rodents and insects, and constructed for easy access by the Municipality. 3.10 The Municipality, if a holiday or holidays occur in any week of regular collection, reserves the right to collect non-recyclable garbage and recyclable waste at the Municipality's convenience. 4 3.11 Non-recyclable garbage and recyclable waste components shall be separated and set out for collection in accordance with the provisions of this By-law. Section 4— Collection Procedure 4.1 Where non-recyclable garbage and recyclable waste is set out for collection on the same day, containers of non-recyclable garbage shall be placed together but set apart from the recyclable waste. Recyclable waste may be set out with the blue box. 4.2 All waste that is set out for collection by the Municipality shall be placed at the curb or on the boulevard of a public street in front of or adjacent to the residential unit on the side of the public street designated by the Municipality. The Municipality may designate alternate locations for placement to meet collection needs. All waste set out for collection shall have affixed, a Bayham Garbage Tag, pursuant to the provisions of this by-law. 4.3 There is no limit on the quantity of recyclable waste which may be set out for collection at one time except from a place of business where the amount of any type or types of recyclable waste to be collected may be limited by the Municipality from time to time. 4.4 Waste set out for collection shall be placed at or near the applicable curb or boulevard before 7:00 AM of the day on which collection of that waste is scheduled, provided that, at all times, such waste shall not be set out for collection prior to 4:00 PM of the previous day. 4.5 Waste which is set out for collection shall be separated into recyclable and non-recyclable categories. The Municipality shall have sole discretion to determine if such waste is not to be collected. 4.6 Any waste, which the Municipality declines to collect, shall be removed by the owner or occupant of the residential unit or place of business by or on whose behalf the waste was placed for collection before 7:00 PM of the calendar day on which the collection was scheduled. Such uncollected waste shall be disposed of privately or may be properly separated and prepared in accordance with this By-law and set out again for collection on another scheduled day. 4.7 By notice to the public from time to time, the Municipality may designate days and times for the collection of leaves, tree limbs and brush or supply times and locations of drop- offs. Brush and tree limbs shall be compacted and tied in bundles not more than 0.9 metre (3 feet) in length or placed in an enclosed container. Leaves shall be placed for collection in accordance with the procedures established by the Manager. In no instance shall a bundle or container weigh more than 18 kilograms (40 pounds). 4.8 The Municipality may designate household hazardous waste days and locations, approved by the Ministry of Environment as may be required, to accept household hazardous materials. 4.9 By notice to the public from time to time, the Municipality may designate days and times for the collection or supply times and locations of drop-offs of major appliances and large household furnishings as defined by this By-law and/or other non-recyclable garbage. 5 4.10 No person shall pick over, interfere with, disturb, remove or scatter any containers of waste which have been set out for collection, provided that, by notice to the public from time to time, the Municipality may designate certain days for the salvaging of major appliances, large household furnishings and/or any other items that may be specified by the Municipality. Section 5— Requirements for Bayham Garbage Tags 5.1 No person shall set out for collection any plastic bag, as referred to within the definition of "container" pursuant to this By-law, of non-recyclable garbage unless: i. it has a current year "Bayham Garbage Tag" affixed to its exterior; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor. 5.2 No person shall set out for collection a container of non-recyclable garbage, save and except with a plastic bag as referred to in Section 5.1 above, unless: i. it has a current year "Bayham Garbage Tag" affixed to the top item inside the receptacle; and ii. the current year "Bayham Garbage Tag" is affixed in such a fashion as to be clearly visible to the contractor upon removal of the receptacle's lid. 5.3 The fee for a current year"Bayham Garbage Tag" shall be as set out in Schedule "A" of this by-law. The payment of such fee shall be made to the Municipality or its authorized agents. 5.4 Any non-recyclable garbage not exhibiting a current year "Bayham Garbage Tag" as reflected in Section 5 of this by-law shall not be collected by the contractor retained by the Municipality to do so. Section 6— Enforcement 6.1 Every Person who contravenes any of the provisions of this by-law is guilty of an offence and upon conviction is liable to a fine or penalty for each offence, exclusive of costs, as prescribed by the Provincial Offences Act, R.S.O. 1990, and c.P.33, as amended. 6.2 In addition to any penalty otherwise provided by law, any person found in contravention of this Bylaw shall also be liable to the Municipality for the cost removal of any waste, refuse, or debris associated with such contravention. 6.3 This by-law shall be enforced by a Municipal Law Enforcement Officer or a Police Officer. Section 7 - Administration 7.1 If any provision of this By-law is declared invalid for any reason by a Court of competent jurisdiction, it is intended that such a provision shall be severed from the By-law and that the remainder of the By-law shall continue in full force and effect. 7.2 This By-law shall come into full force and effect on March 2, 2017. 6 7.3 By-law No. 2012-029 as amended, and 1996-004 as amended, shall be repealed in their entirety READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MARCH, 2017. Clerk Mayor 7 By-law No. 2017-021 Schedule "A" 1. The Municipality shall provide: a) Each Residential Unit with 52 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. b) Each Place of Business with 86 "Bayham Garbage Tags" for the year 2018 at no charge to the owner. Tags will only be valid in the year for which they were issued. Additional tags may be purchased from the municipality at a cost of$2.00 per tag. c) Each Farming Business with 16 "Bayham Garbage Tags" for the year 2018 at no charge to the Farming Business upon the Farming Business providing the Municipality with a valid Farming Business Registration Number. Additional tags may be purchased from the municipality at a cost of $2.00 per tag. 2018 Bag Tag Distribution Property Type No. of Free Tags Residential 52 Commercial 86 Agricultural (with Farm No.) +16 8 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-022 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND TILLSONBURG FIRE & SAFETY EQUIPMENT WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Tillsonburg Fire & Safety Equipment for Annual Emergency and Fire Equipment Inspections at Various Locations 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 Agreement attached hereto as Schedule "A" and forming part of this by-law between Tillsonburg Fire & Safety Equipment and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MARCH 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017 - 023 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45(9.1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Isaac and Maria Froese are the owners of lands in Lot 22 Concession 5, known municipally as 57268 Calton Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-01/17, including the condition that the owners execute a development agreement for the supplementary farm dwellings as per policies of Section 2.1.10 the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Isaac and Maria Froese affixed hereto and forming part of this By-law and marked as Schedule"A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2"d DAY OF MARCH 2017. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW 2017 -023 DEVELOPMENT AGREEMENT BETWEEN ISAAC AND MARIA FROESE AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 57268 Calton Line, Concession 5 S Pt Lot 22 Municipality of Bayham, County of Elgin 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 2nd day of March 2017. BETWEEN: ISAAC AND MARIA FROESE Hereinafter called the "OWNER" OF THE FIRST PART - AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being South Part Lot 22, Concession 5, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling (mobile home) in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (and hereafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of the location of the mobile home on the Lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that the one (1) mobile home to house up to eight (8) seasonal farm labourers shall be located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove the mobile home from the property should it cease to be used for the purpose of housing supplementary farm labour for a period longer than two(2)calendar years after the existing bona fide vegetable and cash crop farm operation has ceased and the Owner shall maintain the site in accordance with the By-laws of the Municipality of Bayham; 3 3. The Owner shall not permit the mobile home, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1st and March 31st of any calendar year. 4. The Owner further agrees: a) To provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water, and; b) To apply to the Municipality for the installation of a new septic system for the mobile home, and; c) That upon failure by the Owner to do any act identified herein, that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; d) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 5. The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from the Elgin St. Thomas Public Health. 6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) to the satisfaction of the Municipality's Fire Chief. 7. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may, from time to time, and at any time,enter on the premises of the Owner to inspect the mobile homes for the purposes of ensuring public health and safety, in specific regards to condition of the mobile homes; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. 8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith, forward notice of such opinion, by registered mail, to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 9. 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 maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which after hearing the Owner, shall express its 4 opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law,direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. 11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term,covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 13. The Owner agrees on behalf of themselves, their heirs, executors, administrators 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 as a result of any action taken by the Owner, pursuant to this Agreement. 14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof, and without limiting other remedies available to the Municipality,the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Isaac Froese, Owner Witness (signature) Maria Froese, Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, MAYOR Paul Shipway, CAO/CLERK I ATTACHMENT 'A' Roll #3401-000-003-06900 Legal Description: Concession 5, South Part Lot 22, Municipality of Bayham, County of Elgin Municipal Address: 57268 Calton Line PIN# ,477 9CH/9 ENT c6 ' 7 Conic6PT4i L .5/7E /Lh►.n,/ i CaPof, L ;, 11'sr‘i 1 sct� til e.It c- '13'----1, I vs T�S:tcU I \ ' -. \ 4, kci( i � J� 'F �4 , � a fin - 60.-----7 S S I a V ll 'II Mb;le (Toru . ,25, >. Mr AMENDMENT NUMBER 18 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 4964 Plank Road, Port Burwell The following text and map schedule constitute Amendment Number 18 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached text and map schedule constituting Amendment No. 18 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2017-024, in accordance with Section 17 of the PLANNING ACT, on the day of 2017. MAYOR CLERK BY-LAW NO. 2017-024 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 18 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 18 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this day of 2017. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2017-024 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 18 1. PURPOSE The purpose of the official plan amendment is to change the land use designation on approximately 28,848m2 (6 acre) of land from the "agricultural" designation to the "Site specific Agriculture" designation in the Official Plan of the Municipality of Bayham, which would facilitate a change in zoning on the same lands from the Agricultural (A1)Zone to the Site Specific Agricultural (A1-29) Zone. The intended land use is a permanent bunkhouse facility to accommodate a maximum 50 seasonal offshore farm workers on the existing apple farm administration and storage lot. 2. LOCATION The area affected by this amendment is an irregular parcel of land located on the east side of Plank Road, north of Glen Erie Line, north of the Village of Port Burwell and known municipally as 4964 Plank Road. 3. BASIS OF THE AMENDMENT The application is deemed to be in accordance with the Provincial Policy Statement 2014 and the Official Plan of the County of Elgin. For a complete analysis of this criteria including why the proposed application is supported with five recommendations for approval see the memorandum dated January 9, 2017 titled "Official Plan and Zoning By-law Amendment application by Bonnefield Farmland ONT Ill LTD for lands at 4964 Plank Road to permit a bunkhouse (supplementary farm dwelling) for up to 50 seasonal farm labourers", by IBI Group. 4. DETAILS OF THE AMENDMENT Section 2.1.10 is hereby amended by adding the following new subsection: 2.1.10.3 Notwithstanding Section 2.1.10.1 d)Size and Type,the subject lands located in Lot 14, Concession 2 and known municipally as 4964 Plank Road, may develop a farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 437m2 (4,700 ft2) gross floor area including the basement. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z656-2017 BONNEFIELD FARMLAND ONT III Inc. BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Section 5.12 Exception —Agricultural (A1) Zone by adding the following clauses: 5.12.29 5.12.29.1 Defined Area Al-29 as shown on Schedule "A", Map No.14 to this By-law. 5.12.29.2 Minimum Lot Area 2.4 hectares 5.12.29.3 Minimum Rear Yard 4.5 meters 5.12.29.4 Minimum Landscaped Open space 10% 5.12.29.5 Additional Permitted Uses A farm related bunkhouse for the accommodation of a maximum of 50 seasonal farm labourers in a building not greater than 437m2(4,700 ft2)gross floor area including the basement. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 14 by changing the zoning from Agricultural (A1) to Special Site- specific Agricultural (A1-29),which lands are outlined in heavy solid lines and marked A1-29 on Schedule"A"to this By-law,which schedule is attached to and forms part of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. By-law Z656-2017 2 READ A FIRST TIME AND SECOND TIME THIS 2ND DAY OF MARCH 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED THIS DAY OF 2017. MAYOR CLERK — /7�_till. SEE SCHEDULE `" ,:.. 'LAI,. A-MAP SEE -wh,� No.11 SCHEDULE H- _ MAP VIENNA \ ' SEE SCHEDULE ti ! A-MAP I No.11 r . • o z a H IC a p ww (OA .-,' 0 ,. • ' NOT 13 II t_"T 14' 1 41.1 I _ CT I A1-29 1 z 1 ni IP - ICIT 12 1 , \ 1 y i '', i w w jf r , LCI S - _ . SEE SCHEDULE _ D 1 h I-MAP PORT BURWELL `ti-.. This is Schedule"A"to By-law No.Z656-2017,passed the ' day of ,2017 ' , Mayor Clerk MUNICIPALITY OF BAYHAM Leaend A SCHEDULE A 0 ZBLA NORTH MAP No.14 _ LPRCA Regulation Limit 0 tea 00 ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 usi,s. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-025 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD MARCH 2 2017 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 March 2, 2017 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 2nd day of March, 2017. MAYOR CLERK