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June 15, 2017 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 15, 2017 7:00 p.m. 6:30 p.m. — Committee of Adjustment — Simon Wagler Homes Inc. 8:00 p.m. — Public Meeting — Drainage— Centre Street Drain — North 8:15 p.m. — Public Meeting — Drainage— Sproul Drain Branch "A" Extension 8:20 p.m. — Public Meeting — Drainage — Firehall No. 1 Drain 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 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held June 1, 2017 B. Public Meeting held June 1, 2017 7. MOTIONS AND NOTICE OF MOTION A. Motion THAT the Council of the Corporation of the Municipality of Bayham declare part of the unopened road allowance between Lots 20 and 21 Concession 10, described as Part 1 of Registered Plan 11R10176, surplus to the needs of the Municipality for the purpose of conveyance to abutting property owner; AND THAT the Municipality provide until July 6, 2017 at 4:30 pm for written public comment on the same 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 2017 Council Agenda June 15, 2017 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 10.1.1 Receive for Information A. Notice of Public Meeting re Simon Wagler Homes Inc. Minor Variance B. Revised Notice of Adoption of Official Plan Amendment No.19 re Matthews C. Notice of Adoption of Official Plan Amendment No. 20 re 18 — 20 Pitt Street D. Notice of Court of Revision re Wellington Street Municipal Drain E. Notice of Public Meeting re Centre Street Drain — North F. Notice of Public Meeting re Sproul Drain Branch "A" Extension G. Notice of Public Meeting re Firehall No. 1 Drain H. Notice of Special Council Meeting 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-28/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Petition for Drainage B. Report DS-33/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan Agreement— Graham Estates Inc. (Legend Rubber) 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Amherstburg re EMS Services B. Poster re Canada Day events in Port Burwell C. Straffordville Community Committee re Watermelon Fest 2017 D. Hydro One re Notice of Hearing E. Municipality of Brockton resolution re Oppose Amendment to the Conservation Authorities Act F. Long Point Region Conservation Authority Board of Directors Minutes of meetings held April 5, 2017 and May 3, 2017 2017 Council Agenda June 15, 2017 11.1.2 Requiring Action A. Bayham Beachfest Committee re Municipal Approvals 11.2 Reports to Council A. Report TR-10/17 by Lorne James, Treasurer re Port Burwell Fire Hall Loan Renewal B. Report CAO-39/17 by Paul Shipway, CAO I Clerk re Road Patrol Software C. Report CAO-40/17 by Paul Shipway, CAO I Clerk re Straffordville Community Centre Rates & Fees Assessment D. Report CAO-41/17 by Paul Shipway, CAO I Clerk re Noise By-law E. Report CAO-42/17 by Paul Shipway, CAO I Clerk re Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) — Canadian Free Trade Agreement (CFTA) F. Report CAO-43/17 by Paul Shipway, CAO I Clerk re Exterior Paths of Travel — Rest Area Consultation 12. BY-LAWS A. By-Law 2017-061 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Centre Street North Municipal Drain (This by-law follows the recommendation made in Report DS-29/17 by Bill Knifton Chief Building Official I Drainage Superintendent during the public meeting of June 15, 2017) (First and Second Reading Only) B. By-Law 2017-062 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Sproul Drain Branch 'A' Extension (This by-law follows the recommendation made in Report DS-30/17 by Bill Knifton Chief Building Official I Drainage Superintendent during the public meeting of June 15, 2017) (First and Second Reading Only) C. By-Law 2017-063 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Firehall No. 1 Municipal Drain (This by-law follows the recommendation made in Report DS-31/17 by Bill Knifton Chief Building Official I Drainage Superintendent during the public meeting of June 15, 2017) (First and Second Reading Only) D. By-Law 2017-064 Being a By-law to authorize the borrowing upon debentures in the amount of$501,429.72 for the purposes of the Municipality of Bayham (This by-law follows the recommendation in Report TR-10/17 by Lorne James, Treasurer during the regular meeting of June 15, 2017) 2017 Council Agenda June 15, 2017 E. By-Law 2017-065 Being a By-law to authorize the execution of a site plan agreement between Graham Estates Inc. and The Corporation of the Municipality of Bayham (This by- law follows the recommendation made in Report DS-33/17 by Margaret Underhill Deputy Clerk I Planning Coordinator during the regular meeting of June 15, 2017) F. By-Law 2017-066 Being a By-law to repeal The Corporation of the Municipality of Bayham By-Law 2016-100 G. By-Law 2017-067 Being a By-law to amend The Corporation of the Municipality of Bayham By-Laws 2014-099 and 2016-059 (This By-law implements the capital cost provisions of By-Law No. 2014-045) H. By-Law 2017-068 Being a By-law to regulate and control noises (This by-law follows the recommendation made in Report CA0-41/17 by Paul Shipway, CAO I Clerk during the regular meeting of June 15, 2017) 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 2017-069 Being a By-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 1, 2017 7:00 p.m. Public Meeting — Drainage— 8:00 p.m. PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERKS PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON CLERK'S ASSISTANT BRENDA GIBBONS 1. CALL TO ORDER Mayor Ens 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 A. Straffordville Hall Foundation letter of support from Straffordville Community Committee added as Appendix 'A' to Item 11.1.2-B B. Report DS-26/17 re Sproul Drain Branch 'A' Extension added as Item 10.2-D C. Report DS-27/17 re Firehall No. 1 Drain added as Item 10.2-E 4. ANNOUNCEMENTS A. Reminder from Mayor Ens that Edisonfest is June 2, 3 &4 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held May 18, 2017 B. Public Planning Meeting held May 18, 2017 2017 Council Minutes June 1, 2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the minutes of the regular meeting held May 18, 2017 and the public meeting held May 18, 2017 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report FR-03/17 by Randy White, Fire Chief I By-law Officer re DZ License Driver Training with the Township of Malahide Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report FR-03/17 regarding DZ license driver training with the Township of Malahide be received for information; AND THAT the Fire Department utilize the services of the Township of Malahide to train Bayham firefighters as required to obtain their DZ driver's license; AND THAT Council direct staff to bring forward a By-law to enter into an agreement for a Driver Training Program to satisfy the requirements of the Ontario Driver Certification Program, with the Township of Malahide, for Council consideration. CARRIED 10. DEVELOPMENT SERVICES —SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Committee of Adjustment Notice of Decision re Alice and Tony Csinos B. Committee of Adjustment Notice of Decision re C. Valerie Donnell 2017 Council Minutes June 1, 2017 C. Notice of Adoption of Official Plan Amendment No. 19 re Matthews Moved by: Councillor Ketchabaw 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-23/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Centre Street Drain North Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report DS-23/17 regarding the Centre Street Drain North be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #213217 dated April 27, 2017 for the Centre Street Drain, as prepared by Spriet Associates, and filed with the Clerk on May 12, 2017; AND THAT Council set a date for the Public Meeting to he held on June 15, 2017 at 8:00 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. CARRIED B. Report DS-24/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Official Plan Amendment No. 20 and Zoning By-Law Z662-2017 Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-24/17 regarding the Official Plan and Zoning By-law Amendments submitted by the Municipality of Bayham be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held May 18, 2017 associated with these applications, there were no oral presentations or written submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendments are consistent with the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan and Zoning By-law as outlined in the IBI Group memorandum of May 8, 2017; 2017 Council Minutes June 1, 2017 AND THAT By-law 2017-054, being an adopting By-law for Official Plan Amendment No. 20, regarding lands designated as "Residential" being changed to "Institutional" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 20 be forwarded to the County of Elgin for approval; AND THAT subject to the County of Elgin approval of the Official Plan Amendment No. 20 that Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the subject lands known as 20 Pitt Street from the Village Residential (R1) Zone to the Special Institutional (1-4) Zone and on the adjacent lands known as 18 Pitt Street from Institutional (I)to Special Institutional (1-4); AND THAT Zoning By-law Z662-2017 be presented to Council for First and Second reading. CARRIED C. Report DS-25/17 by Bill Knifton Chief Building Official I Drainage Superintendent re Wellington Street Drain Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#216224 dated April 27, 2017, referred to as the "Wellington Street Drain" report; AND THAT Provisional By-law#2017-059 be given first and second reading; AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of the time and place of the first sitting of the Court of Revision to the affected parties pursuant to Section 46 (2) of the Drainage Act; AND THAT a date of July 6, 2017 at 6:00 p.m. be set for the first sitting of the Court of Revision CARRIED D. Report DS-26/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Sproul Drain Branch 'A' Extension Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Report DS-26/17 regarding the Sproul Drain Branch 'A' Extension be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #215156 dated May 19, 2017 for the Sproul Drain Branch 'A' Extension, as prepared by Spriet Associates, and filed with the Clerk on May 26, 2017; 2017 Council Minutes June 1, 2017 AND THAT Council set a date for the Public Meeting to he held on June 15, 2017 at 8:15 pm to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. CARRIED E. Report DS-27/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Firehall No. 1 Drain Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report DS-27/17 regarding the Firehall No. 1 Drain be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #213206 dated May 26, 2017 for the Firehall No. 1 Drain, as prepared by Spriet Associates and filed with the Clerk on May 31, 2017; AND THAT Council set a date for the Public Meeting to be held on June 15, 2017 at 8:20 p.m. to consider the Report; AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works, and in accordance with the Drainage Act. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipality of East Ferris resolution in support of letter from Cheryl Gallant, Member of Parliament re tax-exempt portion of remuneration paid to local officials B. Ministry of Municipal Affairs re septic tanks C. News Release re Canada's 150th Birthday Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence items 11.1.1-A— 11.1.1-C be received for information. CARRIED 2017 Council Minutes June 1, 2017 11.1.2 Requiring Action A. Port Burwell / Bayham Horticultural Society re various requests Moved by: Councillor Casier Seconded by: Councillor Breyer THAT correspondence from Port Burwell / Bayham Horticultural Society be received for information; AND THAT Council approves the request for a tree to be planted in the green area just east of the pier; AND THAT staff be directed to contract out the deck repair work at the Port Burwell cenotaph with funds allocated from the Parkland Reserve account. CARRIED B. Straffordville Hall Foundation re Community Facility Rental Rates Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT correspondence from Straffordville Hall Foundation regarding Community Facility Rental Rates be received for information; AND THAT staff be directed to bring forward a report for Council consideration on Straffordville Community Centre Main Hall rate reductions in ten dollar ($10.00) increment models. CARRIED 11.2 Reports to Council A. Report CAO-36/17 by Paul Shipway CAO I Clerk re County Road Maintenance Agreement Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT Report CAO-36/17 re County Road Maintenance Agreement be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to proceed with County Road Maintenance Agreement negotiations as outlined within Report CAO 36/17. AND THAT staff be directed to provide a copy of Report CAO 36/17 re County Road Maintenance Agreement to Elgin County lower tier municipalities and Mr. Peter Dutchak, Elgin County Deputy Director of Engineering Services. CARRIED 2017 Council Minutes June 1, 2017 B. Report CAO-37/17 by Paul Shipway, CAO I Clerk re Ontario Trillium Foundation — Capital Stream Moved by: Councillor Casier Seconded by: Councillor Ketchaaw THAT Report CAO-37/17 re Ontario Trillium Foundation —Capital Stream be received for information; AND THAT staff be directed to make application to the Ontario Trillium Fund —Capital Stream for the East Beach Accessibility Renovations Project as outlined in Report CAO 37/17. CARRIED C. Report CAO-38/17 by Paul Shipway, CAO I Clerk re Otter Valley Utility Corridor Trail Signage Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-38/17 re Otter Valley Utility Corridor Trail Signage be received for information; AND THAT staff be directed to proceed with trail enhancements as outlined in Report CAO-38/17; AND THAT future trail operating and capital costs be funded from the Trail Reserve. CARRIED 12. BY-LAWS A. By-Law Z662-2017 Being a By-law to further amend By-Law Z456-2003 (This by-law follows the recommendation made in Report DS-24/17 by Deputy Clerk I Planning Coordinator during the regular meeting of June 1, 2017) (First and Second Reading Only) B. By-law 2017-052 Being a By-law to authorize the sale of lands owned by the Municipality of Bayham — 31 Elizabeth Street, Port Burwell C. By-Law 2017-053 Being a By-law to Stop Up and Close part of the road allowance known as Bayham Drive in the Municipality of Bayham, in the County of Elgin, Designated as Part 1 on Registered Plan 11R-10175 (This by-law follows the recommendation made in Report CAO-77/16 by Paul Shipway, CAO during the regular meeting of December 1, 2016) D. By-Law 2017-054 Being a By-law to adopt Official Plan Amendment No. 20 regarding lands designated as "Residential" being changed to "Institutional" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-24/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of June 1, 2017) 2017 Council Minutes June 1, 2017 E. By-Law 2017-055 Being a By-law to delegate responsibility fora driver training program to satisfy the requirements of the Ontario Driver Certification Program (This by-law follows the recommendation made in Report FR-03/17 by Randy White, Fire Chief I By-law Officer during the regular meeting of June 1, 2017) F. By-Law 2017-056 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and the Vienna Lions Club (This by-law follows the recommendation made in Report CA0-18/17 by Paul Shipway, CAO I Clerk during the regular meeting of April 6, 2017) G. By-Law 2017-057 Being a By-law to authorize the execution of a lease agreement between the Municipality of Bayham and Bayham Historical Society (This by-law follows the recommendation made in Report CAO-31/17 by Paul Shipway, CAO I Clerk during the regular meeting of May 18, 2017) H. By-Law 2017-059 Being a Provisional By-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Wellington Street Drain (This by-law follows the recommendation made in Report DS-19/17 by Bill Knifton Chief Building Official I Drainage Superintendent during the regular meeting of May 18, 2017) (First and Second Reading only) Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT By-Laws Z662-2017 and 2017-059 be read a first and second time; - AND THAT By-Laws 2017-052, 2017-053, 2017-054, 2017-055, 2017-056 and 2017-057 be read a first, second and third time and finally passed. CARRIED Council recessed for the Public Meeting at 8:00 p.m. and reconvened the Regular Meeting at 8:15 p.m. 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 2017-058 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer 2017 Council Minutes June 1, 2017 THAT confirming By-Law 2017-058 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Breyer Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 8:30 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM DRAINAGE PUBLIC MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, June 1, 2017 8:00 p.m. —Wellington Street Drain PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON CLERK'S ASSISTANT BRENDA GIBBONS SIGNED IN ATTENDEES: Mark McCord Dave McCord Dennis McCord 1. CALLTO ORDER Mayor Ens called the public meeting to order at 8:00 p.m. and asked those in attendance for the Drainage Public Meeting regarding the Wellington Street Municipal Drain to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST &THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING Pursuant to Chapter D17, Section 41 of the Drainage Act the Public Meeting is to consider the proposed construction of the drainage works known as the Wellington Street Drain Engineers Report#216224. 4. PUBLIC PARTICIPATION John M. Spriet advised the Public Meeting is for consideration of the construction of the drain and explained options the Engineer looked at to determine the most economical design. Dave McCord expressed concern that the design may limit future development and expressed concern regarding the distance from the property line. 2017 Council Minutes June 1, 2017 Mark McCord noted there are currently no utilities on the north side of the road. Dennis McCord inquired about utilizing existing catch basins to eliminate future damage to the gully. J.M. Spriet responded to the concerns advising the location is intended to be no more than 8 — 9 feet from the property line, the area of the existing catch basins would not have the necessary depth and the construction design is intended for the long term making it necessary to consider where future utilities may be located. 5. CORRESPONDENCE Correspondence was received May 29, 2017 from Mr. Dave McCord advising he would be in attendance at the Public Meeting to speak. 6. OTHER BUSINESS None. 7. ADJOURNMENT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Staff Report and the Provisional By-Law will be considered during the regular meeting. The regular meeting will now reconvene at 8:15 p.m. MAYOR CLERK YHA NOTICE OF A PUBLIC MEETING ,�I� ''`i�;, CONCERNING A PROPOSED , MINOR VARIANCE O 4 ty IN THE MUNICIPALITY OF BAYHAM Portunity Is�L°4 APPLICANT: SIMON WAGLER HOMES INC. TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-06/17). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 15, 2017 at 6:30 p.m. in the Municipal Council Chambers, 56169 Heritage Line in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from the Zoning By-law regulations for yard setbacks, Section 10.9.3 exterior side yard setback from 4.5 m (14.7 feet)to 4.3 m (14.3 feet); on a property with 901 m2 (9,700 ft2) of land area located on the east side of Sandytown Road, north of Heritage Line in the village of Straffordville known as 8314 Sandytown Road. THE EFFECT will be to allow an existing dwelling to remain in a required side yard setback. 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 2"d day of June 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy Clerk/Planning Coordinator Municipality of Bayham P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 RIM T: 519-866-5521 Ext. 222 F: 519-866-3884 I.0 1 1.; L()f'I2+ E: munderhill ar7bayham.on.ca W: www.bayham.on.ca 11111 •Fal 11111 SUBJECT LANDS a 111 Is()1 123 111 f �lLW 124 1111milin II Village of Straffordville vAYHA3,1 1111.1 szdisti it PLANNING ACT oNurtunity 1s-0W� ***REVISED ***NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 19 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: MATTHEWS 34 VICTORIA STREET AND 49 WELLINGTON STREET, PORT BURWELL *** correction to address*** TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2017-045 on the 18th day of May 2017 in accordance with Section 17 of the PLANNING ACT. THE PURPOSE of this By-law is to change the land use designation on a 2,013 m2 (0.5 acres) of land from "Commercial" to "Residential" designation in the Official Plan of the Municipality of Bayham; and zoning on the same lands from Local Commercial (C2) Zone to a Village Residential (R1) Zone in Zoning By-law Z456-2003. The subject lands are located on the north side of Wellington Street, on the east side of Victoria Street and the west side of Elizabeth Street, and known as 34 Victoria Street and 49 Wellington Street. THE EFFECT of this By-law will be to allow residential use on the lands and to allow for future residential development on the 34 Victoria Street property which currently comprises of a single car garage with no residence subsequent to approved consent to sever the lands in 2015. THE COMPLETE By-law and Official Plan Amendment No. 19 is available for inspection in the Bayham Municipal office during regular office hours at the address, email or website shown below. ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 Attention: Steve Evans. The official plan amendment is not exempt from approval under subsection 17(9) or (10) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 2ND DAY OF JUNE 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill, Deputy Clerk/Planning Coordinator x = Municipality of Bayham Box 160, 56169 Heritage Line WdT6 8T Straffordville, ON NOJ 1Y0 y _ Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 Email: munderhill©bayham.on.ca Website: www.bayham.on.ca i n:12 �+� L[71 thw SUBJECT LA NOS �~ l i l I Village of Port Burwell vAYHA3,1 1111.1 PLANNING ACT ��Nur`u�nity is�:aitity NOTICE OF THE ADOPTION OF OFFICIAL PLAN AMENDMENT NO. 20 BY THE CORPORATION OF THE MUNICIPALITY OF BAYHAM APPLICANT: MUNICIPALITY OF BAYHAM 18-20 PITT STREET, PORT BURWELL TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-Law No. 2017-054 on the 1st day of June 2017 in accordance with Section 17 of the PLANNING ACT. THE PURPOSE of this By-law is to change the land use designation on a 596 m2 (0.15 acres) parcel of land from "Residential" to "Institutional" in the Official Plan of the Municipality of Bayham; to enable the change of the zoning on the same lands from Village Residential (R1) Zone to Institutional (I); to allow for reduced setbacks on 1,615 m2 of lands, including the lands mentioned above and the abutting Marine Museum parking lot parcel, to allow for the addition of a large historic artifact on the lands in Zoning By-law Z456-2003; and to provide for the consolidation of the subjects lands into one parcel. The subject lands are located on the south side of Pitt Street, on the east side of Robinson Street in the village of Port Burwell, and known as the Port Burwell Marine Museum and 18-20 Pitt Street. THE EFFECT of this By-law will be to change the lands designation and zoning in order to recognize the existing use and to allow for the installation of an historic wheelhouse artifact with reduced setbacks on the lands. THE COMPLETE By-law and Official Plan Amendment No. 20 is available for inspection in the Bayham Municipal office during regular office hours at the address, email or website shown below. ANY PERSON or public body is entitled to receive notice of the decision of the approval authority if a written request to be notified of the decision is made to the approval authority, namely the County of Elgin, County Administration Building, 450 Sunset Drive, St. Thomas, Ontario, N5R 5V1 Attention: Steve Evans. The official plan amendment is not exempt from approval under subsection 17(9) or (10) of the Act. DATED AT THE MUNICIPALITY OF BAYHAM THIS 6th DAY OF JUNE 2017. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill, Deputy Clerk/Planning Coordinatortr ./ Municipality of Bayham ' Box 160, 56169 Heritage Line I Straffordville, ON NOJ 1Y0 Tel: 519-866-5521 Ext 222 Fax: 519-866-3884 Pan Email: munderhill@bayham.on.ca y .o Website: www.bayham.on.ca El SUBJECT LANDS I Village of Port Burwell INNYH.4.. irippl \ ei:-i")')g ,At 0- , - poi.tunity Isms-- The Corporation of the Municipality of Bayham NOTICE OF COURT OF REVISION CONCERNING THE WELLINGTON STREET MUNICIPAL DRAIN IN THE MUNICIPALITY OF BAYHAM NOTICE TO AFFECTED PROPERTY OWNERS Drainage Act R.S.O. 1990, Chapter D.17, Section 46 TAKE NOTICE that in accordance with Chap. D.17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, June 1, 2017, adopted Report No. 216224, dated April 27, 2017 as prepared by Spriet Associates for drainage works for the construction of the Wellington Street Drain situated in Lots 13 and 14, Concession 1 within in the Municipality of Bayham. FURTHER to Chap. D. 17, Section 46 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham, on Thursday, June 1, 2017 gave first and second reading to Provisional By-law #2017-059, a copy of which is enclosed, to adopt the drainage works included in the aforementioned Report and to authorize the Municipality to borrow, if required, the monies necessary to carry out the works therein and to levy upon the affected lands and roads their respective apportionment of the cost of the works. TAKE NOTICE that further to Section 46 of the DRAINAGE ACT, a Court of Revision will be held in the Council Chambers of the Bayham Municipal Office, 56169 Heritage Line, Straffordville, on Thursday, July 6, 2017 at 6:00 p.m., to provide an opportunity for any person or body entitled to receive notice, to appeal their assessment. An owner may appeal the owner's assessment to the Court of Revision by a notice given to the Clerk of the Municipality not later than 12:00 p.m. (noon) Monday, June 26, 2017 which is ten (10) days prior to the first sitting of the Court of Revision. ADDITIONAL INFORMATION relating to this Notice or the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday— Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, inUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 7tn day of June, 2017. -a ipw.,101 -g,AYHA4 4 PP°A tunity Is �o� The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE CENTRE STREET DRAIN - NORTH IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 15, 2017 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer's Report #213217 filed with the Clerk at the Bayham Municipal Office on May 12, 2017 regarding the proposed construction of the Centre Street Drain - North serving Parts of Lot 13, Concession 3, Municipality of Bayham. The work was initiated by a petition. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to, the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday—Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 2nd day of June, 2017. j ,Paul Stfo CAOICIerk vAYH44l PPuj'tunity Is The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE SPROUL DRAIN BRANCH "A" EXTENSION IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 15, 2017 at 8:15 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer's Report #215156 filed with the Clerk at the Bayham Municipal Office on May 26, 2017 regarding the proposed construction of the Sproul Drain Branch "A" Extension serving Parts of Lots 2 to 4, Concession 3, Municipality of Bayham. The work was initiated by a petition. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to, the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday—Friday 8:30 am—4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 2nd day of June, 2017. Paul hipway CAOICIerk iNAYHA.4 { � importunity IS�o� The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE FIREHALL NO. 1 DRAIN IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, June 15, 2017 at 8:20 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer's Report #213206 filed with the Clerk at the Bayham Municipal Office on May 31, 2017 regarding the proposed construction of the Firehall No. 1 Drain serving Parts of Lot 10, Concession 1, Municipality of Bayham. The work was initiated by a petition. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to, the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday—Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 2nd day of June, 2017. Paul- hi. CAOICIerk -wo C N tunity Is NOTICE OF A SPECIAL COUNCIL MEETING FOR DRAINAGE PURPOSES TO BE HELD ON THURSDAY, JULY 6, 2017 AT 6:00 P.M. AT THE MUNICIPAL COUNCIL CHAMBERS 56169 HERITAGE LINE, STRAFFORDVILLE The Council of the Corporation of the Municipality of Bayham will hold a Special Council Meeting as follows: 6:00 p.m. — Court of Revision —Wellington Street Municipal Drain 6:05 p.m. — Court of Revision — Centre Street North Municipal Drain 6:10 p.m. — Court of Revision — Sproul Drain Branch 'A' Extension 6:15 p.m. — Court of Revision — Firehall No. 1 Municipal Drain Public is welcome to attend. June 6, 2017 v•XY114/4- I 4,----4f 47„ 11P,--i-""-' REPORT `` DEVELOPMENT SERVICES �p°.l tunity IS �o� TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: June 15, 2017 REPORT: DS-28/17 FILE NO. C-07/E09 SUBJECT: PETITION FOR DRAINAGE BACKGROUND: This report is to present Council the Petition filed with the Clerk, of the Municipality of Bayham, on May 26, 2017. The petition is for a drainage works for lands owned by the following: - Alward Street Roll # 4-03401 Pt Lots 125 & 126, Conc. STR RP 11 R9370 Pts. 1 & 2 Bernhard Reddekopp & Gerhard Heide - Alward Street Roll #4-03402 Pt Lots 125 & 126, Conc. 6 STR Bernhard Reddekopp & Gerhard Heide Section 4(1) of the Drainage Act provides for a petition for the drainage by means of a drainage works of an area requiring drainage as described in the petition may be filed with the clerk of the local municipality in which the area is situate by: (a) The majority in number of the owners, as shown by the last revised assessment roll of lands in the area, including the owners of any roads in the area: (b) The owner or owners, as shown by the last revised assessment roll, of lands in the area representing at least 60% of the hectarage in the area; (c) Where a drainage works is required for a road or part thereof, the engineer, road superintendent or person having jurisdiction over such road or part, despite subsection 61(5); (d) Where a drainage works is required for the drainage of lands used for agricultural purposes, the Director. The Drainage Act provides that Council must give consideration to the petition and, within thirty days (Section 5.1.a) of the filing, decide whether or not it will proceed. If Council decides not to proceed then written notice of its decision must be sent to each petitioner. A petitioner may appeal to the Ontario Drainage Tribunal if Council decides not to proceed, or if Council does not act on the petition within 30 days. It may be difficult for Council to make a decision on the validity of the petition as it is based on definition of the "area requiring drainage". Initially, the petitioner(s) define this area on the petition they submit, however the area must be defined by an engineer at the "on-site meeting" to determine the validity of the petition. If the Municipality decides to proceed then written notice of its decision must be given to (Section 5.16): (a) each petitioner; (b) the Clerk of each local municipality that may be affected; (c) the Conservation Authority that may be affected; (d) the Ministry of Natural Resources; (e) The Ministry of Agriculture, Food & Rural Affairs. The Municipality must appoint an engineer within sixty days (Section 8.3) of giving notice to proceed. The choice of engineer is the decision of Council. When appointed by Council to prepare a report on the drainage work, the engineer is to file said report within six (6) months (Section 39.1) of the appointment. Following the appointment the engineer must (Section 9.1) cause the Municipal Clerk to send a written notice, specifying the time and place of an "on-site meeting". The notice must be served seven days prior to the proposed site meeting. DISCUSSION: The lands in question are located in the area of Lots 125 and 126, Concession South of Talbot Road. Due to Municipal drainage requirements from lot severance, a legal drain outlet is required. RECOMMENDATION 1. THAT Council of the Municipality of Bayham acknowledges the filing with the Clerk of the Petition for drainage works from Bernhard Reddekopp and George Heide: 2. THAT Report DS-28/17 regarding the petition for drainage and for drainage improvement be received; 3. AND THAT Council wishes to proceed with this matter and appoints Spriet Associates, Engineers, to prepare a report on the proposed drainage area pursuant to Section 5 and Section 8(1) of the Drainage Act, for Council's consideration. Respectfully Submitted by: `I ,GIiL c ) �/// Bill Knifton l '!p "-y Chief Building Official CAO Drainage Superintendent i Ontario Ministry of Agriculture, Food and Rural Affairs Petition for Drainage Works by Owners Form 1 Drainage Act,R.S.O.1990,C.D.17,clause 4(1)(a)or(b) ItECEIVEI This form is to be used to petition municipal council for a new drainage works under the Drainage Act.It isnot to be used to request the improvement or modification of an existing drainage works under the Drainage Act. MAY v n 17 To: The Council of the Corporation of the ,rf 21//9! C eepty of gezyk YIP'URI BAYHAM The area of land described below requires drainage(provide a description of the properties or the portions of propertie3 uldt require drainage improvements) +-o� tAe ���trc� Qty a COh te- \OC�� � .(5V.-) PIc4 \ 11R - 93Tho Pox- LoV s 1 a S o - \'d L CbhC( SS0 o ICJA\00 C,� L kas 'x2n !�ire he- pt�o Jec. e-os i heet", In accordance with section 9(2)of the Drainage Act,the description of the area requiring drainage will be confirmed or modified by an engineer at the on-site meeting. As owners of land within the above described area requiring drainage,we hereby petition council under subsection 4(1)of the Drainage Act for a drainage works.In accordance with sections 10(4),43 and 59(1)of the Drainage Act,if names are withdrawn from the petition to the point that it is no longer a valid petition,we acknowledge responsibility for costs. Purpose of the Petition(To be completed by one of the petitioners Please;;type/print) (contact erson(Last Name (Fi ame) a Telephone Number 6�j 1 � � 9�uN- A xt. dd A ress Road/Street Number Road/Street Name 904CO / P,- S< 6; L._kR /K s iYC Location of Project Lot Concession, Municipality Former Municipality(if applicable) What work do you require?(Check all appropriate boxes) ❑ Construction of new open channel ❑ Construction of new tile drain ❑ Deepening or widening of existing watercourse(not currently a municipal drain) ❑ Enclosure of existing watercourse(not currently a municipal drain) ❑ Other(provide description V) Name of watercourse(if known) Estimated length of project General description of soils in the area What is the purpose of the proposed work?(Check appropriate box) ❑Tile drainage only ❑Surface water drainage only 0 Both Petition filed this 0� day of ' !OtL1 ,20 l Name of Clerk(Last,first name) Signat - LL r 0173E(2012/08) ®Queen's Printer for Ontario,2012 Disponible en frangais Page 1 Property Owners Signing The Petition• Page of • Your municipal property tax bill will provide the property description and parcel roll number. • In rural areas,the property description should be in the form of(part)lot and concession and civic address. • In urban areas,the property description should be in the form of street address and lot and plan number if available. • If you have more than two properties,please take copy(ies)of this page and continue to list them all. Number Property Description \ S +- i- to coli cess n so<k,t h Ward or Geographic Township Parcel Roll Number -7o, ‘C,ahA 31101 -®04- 0© -03L401 /0003(-1o� I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature 1Date(yyyy/mm/dd) Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last, ame)(Type/Print) Signet. / Date(yyyy/mm/dd) 1/14 d--r7-67 . ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) Number Property Description Ward or Geographic Township Parcel Roll Number I hereby petition for drainage for the land described and acknowledge my financial obligations. Ownership ❑ Sole Ownership Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Partnership(Each partner in the ownership of the property must sign the petition form) Owner Name(Last,First Name)(Type/Print) Signature Date(yyyy/mm/dd) ❑ Corporation(The individual with authority to bind the corporation must sign the petition) Name of Signing Officer(Last,First Name)(Type/Print) Signature Name of Corporation I have the authority to bind the Corporation. Position Title Date(yyyy/mm/dd) ❑ Check here if additional sheets are attached Clerk initial Petitioners become financially responsible as soon as they sign a petition. • Once the petition is accepted by council,an engineer is appointed to respond to the petition.Drainage Act,R.S.O.1990,c.D.17 subs.8(1). • After the meeting to consider the preliminary report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible in equal shares for the costs.Drainage Act,R.S.O.1990,c.D.17 subs.10(4). • After the meeting to consider the final report,if the petition does not comply with section 4,the project is terminated and the original petitioners are responsible for the costs in shares proportional to their assessment in the engineer's report.Drainage Act,R.S.O.1990, c.D.17 s.43. • If the project proceeds to completion,a share of the cost of the project will be assessed to the involved properties in relation to the assessment schedule in the engineer's report,as amended on appeal.Drainage Act,R.S.O.1990,c.D.17 s.61. Notice of Collection of Personal Information Any personal information collected on this form is collected under the authority of the Drainage Act,R.S.O.1990,c.D.17 and will be used for the purposes of administering the Act.Questions concerning the collection of personal information should be directed to: where the form is addressed to a municipality(municipality to complete) and where the form is addressed to a territory without municipal organization,the Drainage Coordinator,Ministry of Agriculture,Food and Rural Affairs,1 Stone Rd W,Guelph ON N1G 4Y2,519 826-3552. 0173E(2012/08) vox-YHA/1f 4401104040„, ,...,,,„.,,:?,,,,,,,,,,r,,,,,,14 tp, REPORT ,,,,,, „ , „,,,,,,,, „ ,,,,,„. b o . - ,,. DEVELOPMENT SERVICES �P-rtunity Islt°� TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: June 15, 2017 REPORT: DS-33/17 FILE NO. C-07/ D10.GRAH / BL 2017-065 Roll # 3401-000-006-15200 SUBJECT: Site Plan Agreement— Graham Estates Inc. (Legend Rubber) BACKGROUND: A site plan control application was received on May 3, 2017 and deemed complete May 12, 2017 from Graham Estates Inc. for their property located at 56957 Talbot Line. The application proposes the construction of a warehouse addition 706.6 m2 (7605.78 sq. ft.) with additional storm water control and provisions for firefighting. The subject land is designated "Agriculture" in the Official Plan and zoned Rural Commercial (RC) and Agricultural (Al) with a portion within the LPRCA Regulation Limit in the Municipality of Bayham Zoning By-law Z456- 2003. No Official Plan or Zoning By-law changes proposed. DISCUSSION: Based on staff review of the Application for Amendment to Site Plan Agreement and accompanying final drawings received on May 12, 2017, staff concur that it meets the intent of the Official Plan and the requirements of the Zoning By-law. The Owner has been in discussions with the MTO and has obtained their approval for the construction. As per MTO access regulations, the Owner is required to remove 2 of 3 entrances on Provincial Highway 3 (Talbot Line). Staff recommends approval of the site plan agreement as presented for the expansion of the Graham Estates Inc. — Legend Rubber. ATTACHMENTS 1. Application for Amendment to Site Plan Agreement — received May 3, 2017 2. Draft By-law 2017-065 - Site Plan Agreement attached. Staff Report DS-33/17 Graham Estates Inc. 2 RECOMMENDATION 1. THAT Report DS-33/17 regarding the Graham Estates Inc. (Legend Rubber) site plan agreement be received; 2. AND THAT By-law No. 2017-065 being a By-law to authorize the execution of a Site Plan Agreement between Graham Estates Inc. and the Municipality of Bayham for development at the property known as 56957 Talbot Line be presented for enactment. Respectfully Submitted by: Reviewed by: d * "Ily Margar- Underhill jul '- ip le/ Deputy Clerk/Planning Coordinator /CAO ri*-1(1 ; FILE No. /�� 0/1/7 ' DATE RECD: /` ag 3// DATE APPLICATION CONSID RED portunity Ise° COMPLETE: Mayo, %7 FEE RECEIVED: OO MUNICIPALITY OF BAYHAM APPLICATION FOR AMENDMENT TO SITE PLAN AGREEMENT The undersigned hereby request the Municipality of Bayham to consider an amendment to a Site Plan Agreement. This application is accompanied by a fee of$500 ($250 fee + $250 deposit) cash or cheque made payable to the Municipality of Bayham. 1. BACKGROUND INFORMATION a) Applicant's Name PK Construction Inc. Applicant's Mailing Address A- 37 Tillson Street, Tillsonburg, ON N4G OB7 Phone # 519.842.8001 Fax: 519.842.6134 Email: ron@pkconstruction.ca b) Registered Owner (if other than applicant) Graham Estates Inc. Owner's Address 56957 Highway No. 3 West Tillsonburg, ON N4G 4G8 Phone # 519.688.1043 Fax: 519.842.7724 Email: ross@legendrubber.ca c) Location of Subject Land ROLL # - 340100000615200 Lot Number(s) 17 Plan No. or Concession 10 Part Number(s) Reference Plan 11R-2881 911 Address (if any) 56957 Highway No. 3 West The subject land is located on the South side of Highway No.3 between Elliot Road and Green Line 2. Identification of details of the original Site Plan Agreement i) Approved by Bayham By-law# 2014-105 on 2014-11-06 Application - Amendment to a Site Plan Agreement Dated this 2 nd. day of May , 2017 Signature of Owner/Agent .�t�•�r'� Signature of OvVner/Agent l/VVe, PK Construction Inc. of the Town of Tilisonburg in the County of Oxford ** Next section to be completed and signed in the presence of a Commissioner DO SOLEMNLY DECLARE THAT: All of the statements contained in this application to amend are true and I/VVe 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 -to,A;;� of -T;tl c,(,nhu(cis in the rc,i,t i-t 1 of this day of Ural 20 II o� � Signature of Owner ..Agent Commissioner, Etc',J ignature of wner// ga ent LAURA LEE DEMPSEY,a Commissioner,etc., Province of Ontario,for PK CONSTRUCTION INC. Expires August 28,2017 3 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-065 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN GRAHAM ESTATES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Graham Estates Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Graham Estates Inc. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 15th day of June 2017. READ A THIRD TIME AND FINALLY PASSED this 15th day of June 2017. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2017-065 SITE PLAN CONTROL AGREEMENT GRAHAM ESTATES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM North Part Lot 17 Concession 10, Municipality of Bayham 2 This Agreement made in duplicate this 15th day of June 2017. BETWEEN: GRAHAM ESTATES INC. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being North Part of Lot 17, Concession 10 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and registered and further 3 agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" — Site Servicing Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 4 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. 5 (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Ministry of Transportation, Long Point Region Conservation Authority and the Ministry of the Environment & Climate Change. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on 6 abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 7 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of ZERO Dollars and Cents ($ ). 8 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before June 15, 2018. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28. As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of NIL Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site- specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that 9 construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. 10 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day of 2017. Signed, Sealed, and Delivered ) In the presence of ) Ross Graham, Owner ) I have authority to bind the Company CORPORATION OF THE ) MUNICIPALITY OF BAYHAM ) Paul Ens, Mayor Paul Shipway, Clerk We have authority to bind the Corporation 11 ATTACHMENT "A" Lands /Site Plan 12 ATTACHMENT "B" Site Servicing Plans 13 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 56957 Talbot Line Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20 , and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. 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ALL STORY RUNOFF IS TO AL DIRECTED nEmmm my. .... 4 SON1 New•N TOWARDS THE PROPOSED POND.NO RUNOFF IS TONE CAW................. 6374 DIRECTED TOWARDS 000000 63. :*"...'7::•"n"`"afitaTairtist=:••T.' ..r. a,/Ce glEak BOLLARD DETAIL= CO TEMP.SILT SACK . NEM.Ebn.l.FM. TOE M.T.O.CORRIDOR WILL NOT BE ADVERSELY IF "s To) 000 AFFECTED AND WILL NOT RECEIVE AN INCREASE “IITTI.0.00,0,0 TTI0.. IN STORM WATER RUNOFF. ...-.....,-.....................• 0.0 no 2017 SP1 2 --...... U C ENGINEERING ,.Pe...a-wo., . . MAY 1 22017 MI:WIMP/A;ITV RaVU A RS ((orporatron of'C in ig lc rtv 71E vs. „vs QO Urn ofAmftertnbar May 26, 2017 VIA EMAIL Corporation of the County of Essex 360 Fairview Ave W Suite 202 Essex, ON N8M 1Y6 Dear Essex County Council, On April 10th, 2017, Amherstburg Town Council received a presentation from Bruce Krauter, Chief, Essex Windsor EMS, regarding an overview of EMS Services. Following the presentation, Council passed (2) motions as listed below: Resolution # 20170410-637 - "That Administration BE DIRECTED to request a report from Essex County to see if there is a way to alleviate the differences municipalities pay for EMS services." Resolution # 20170410-638 - "That Administration BE DIRECTED to send a letter to Essex County Council to review the current EMS services and provide the funding necessary to improve the areas that are in need and that the letter be sent to all municipalities and local members of Parliament." Regards, Tammy Fowkes Deputy Clerk Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH,AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519) 736-0012 Fax: (519)736-5403 TTY: (519)736-9860 cc: Bruce Krauter— Chief, Essex Windsor EMS Taras Natyshak — MPP, Essex Tracey Ramsey— MP, Essex Ontario Municipalities Attached: EMS Presentation to Amherstburg Town Council Website: www.amherstburg.ca 271 SANDWICH ST. SOUTH,AMHERSTBURG, ONTARIO N9V 2A5 Phone: (519)736-0012 Fax: (519)736-5403 TTY: (519)736-9860 County of gm§MEssex ACCG ENTABIIITY INTEGRITY COMPASS ON Essex Windsor EMS Town of Amherstburg County of —= I ) EssexCEEMD EWEMS Background • EWEMS is a 24 hour a day, 365 days a year operation • The Essex Windsor EMS responded to over 103 , 000 requests for service or coverage in 2016, comprised of " 58, 000 patient contacts which " 39 , 000 patient transports . • Essex Windsor EMS has 12 stations, 38 ambulances, 12 emergency response vehicles and other support vehicles ands trailers . Town of Amherstburg' Council • Presentation, April 10, 2017 PPMFO County of Essex EMS - - ESSE&WIAASDA ouxrem•i mmmr.rorr Regional Service • EWEMS is the only Emergency Service that serves all of Essex County, City of Windsor and Pelee Island under one operation . • Request for service and assignment of requests are handled by one Dispatch Centre, which is the Central Ambulance Communications Centre (CACC) , operated by the MoHLTC • EWEMS does not recognize municipal borders ; our vehicles complete ambulance calls in the city, the county and any other municipality as directed by CACC ® Town of Amhersburg Council Presentation, April 10, 2017 County of t471 Essex Ems,or s t ff. o 270 Paramedics o 234 Primary Care Paramedics (PCP) o 36 Advanced Care Paramedics (ACP) o 168 Full Time o 102 Part Time I' o Managers 1 o 11 District Chiefs )I MEDIC k o 2 Captains �'"DSOR j C o 3 Deputy Chiefs RilikW or o 1 Administration Manager - _ fer _ ,, o 2 Administrative Assistants mit_ oirt0 I. o 1 Fleet /Logistics Manager -11 r o Support Staff :- _ d 1 o 2 Clerk schedulers . o 2 Logistics technicians G o 1 Fleet technician Town of Amhersburg Council • Presentation, April 10, 2017 County of Essex EMS MEX ucoVnA. Of,ow., Paramedic Training / Skills • Primary Care Paramedic (PCP) o 2 years community college o Provincial certification exam - Advanced Emergency Medical Care Assistant o Annual recertification by Base Hospital Medical Director • Advanced Care Paramedic (ACP) o Must first qualify as a PCP o 1 year of additional college didactic training o Weeks of hospital rotations thru ER, Critical Care areas, Operating Room o Weeks of field placement and consolidation with an ACP preceptor o Successful completion of provincial certification exam Town of Amhersburg Council Presentation, April 10, 2017 County ofc(j:::R°"F°EssexEMS E)Sii:n''i]S13P Paramedic Regula E22EX-M 20H Ewe (Of' b iii ' I" ,0r 'y • PLondon Health Sciences Centre � ` fr h Caring for You. innovating for the Worfd.A "ihr‘ of Health and Long Term Care + .y • Town of Amhersburg Council Presentation, April 10, 2017 County of 6a ))1Essex EMS Staffing • Staffing is matched to call volume by hour of the day & day of the week • Mix of 8, 10 & 12 hour shifts • Varied start/stop times with day shifts starting at 0600 , 0630 , 0700 , 0800 , 1000 & 1100 hrs and night shifts at 1800 , 1830 and 1900 hrs Town of Amhersburg Council • Presentation, April 10, 2017 v Rh7 FO County of Essex EMS Staffing Peak Staffing Minimum Staffing oWindsor 11 ambulances/ 1 ERU oWindsor 6 ambulances/ 1 ERU oLaSalle 2 ambulances oLaSalle 2 ambulance oTecumseh 2 ambulances oTecumseh 2 ambulances oLakeshorel ambulance oLakeshore l ambulance oEssex 1 ambulance/ 1 ERU oEssex 1 ambulance/ 1 ERU oKingsville 1 ambulances oKingsville 1 ambulance oLeamington 2 ambulances oLeamington 2 ambulance oHarrow 1 ambulance oHarrow 1 ambulance oAmherstburg 2 ambulance oAmherstburg 1 ambulance oPelee Island 1 ambulance oPelee Island 1 ambulance oTOTAL 24 Ambulances, 2 ERU ' s oTOTAL 18 Ambulances, 2 ERU Town of Amhersburg Council Presentation, April 10, 2017 County of c.si,..,,,s0: Essex EMS i S:,:al SF S t t • • � nL t � n a • 7,ed Belle xm Detroit rale ParkEP 'ere (p.)Ikerville ,zdt Tecumseh °Inp,,,„c `rcnyi'oim ery -,,a ' rec��n,en Flo Delray t®) II'PI yoille I.sJ fp tsar d w L® 2 nu4e 6 _ a ."9'- cacaaaw ---_mt Tilbury Midr .d) Windsor a Lakeshore v '. 1 Campground e- 4471 Macdonald-Cartier freeway 14011 -- Rjc} '401 — __- -_ — pot _a a. ?n '"r pS g. v P '% Pleasant a6'R g t LaSalle 7 r Park Mrddle Rd diddle Rd e"9" a3 QTS N"royale*Rd I Regionara Rd Ix rlegianar Rd Regionafe Rd F E Hwy 77 \\) s Fdrddle Side ad Road A E Qie I Two Creeks Conservation Area '''''°'4 * s" AIM sr 5 A mhersrbun .P) 3 1 Pike Rd Wheatla•; Qc Road 44 5 Road dF s Ltb rg�lor + Kin © sendtt�? t acnrlu w 6 r A E. a W -.\ - rlrF•raA4 5wrgeon Woods 4 Campgraund John 13.Park and Mama f-.lamesread Conservakerr Area u ® Town of Amhersburg Council Presentation, April 10, 2017 v Rh7F0 County of 5: - Essex E_M,s Distribution Pelee Island Amherstburg o% — 5% Essex Windsor 5% 64% Kingsville 4% Lakeshore 5% LaSalle 5% Leamington 6% Tecumseh 6% • Town of Amhersburg Council • Presentation, April 10, 2017 v Rh7F0 County of �, Essex EMS —. Funding ._,.....marlic„. A1INDSOR THE CITY OF .F Itigr Ontario __ MilliSify Of f ,4\ County of HEALTH AND LONG-TERM tEssex GALE __ _.--- ..---- ----- ______ UNDIN ' A* THE CORPORATION OF THE #....... .-,14-11 o n hr Pelee • Town of Amhersburg Council • Presentation, April 10, 2017 County of ct0,2 Essex dEms SF Funding Share Municipal Share ACTUAL 2016 EST 2017 % Allocation Wgt Assess Wgt Assess City of Windsor 51.544% 51.266% Township of Pelee 0.294% 0.286% Total recovery-service 51.838% 51.552% partners County Responsibility 48.162% 48.448% Town of Amhersburg Council Presentation, April 10, 2017 v Rh7F0 pi. County of Essex EMS Call Volume trend by Municipality Call Volume Trend By Muncipality 3500 3000 2500 2000 1111 11111 lid 1111 1111 11 11111 1500 1000 500 0 Amherstburg Essex Kingsville Lakeshore LaSalle Leamington Tecumseh ■2012 ■2013 ■2014 ■2015 ■2016 Town of Amhersburg Council • Presentation, April 10, 2017 PR% County of �® Essex EMS Projected Call Volume Projected Code 1-4 Call Volume Growth 2016 thru 2021 90000 80000 -. 70000 CW o 60000 • 50000 • 40000 30000 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 —Historic —1% —2% —3% —4% 5% ® Town of Amhersburg Council • Presentation, April 10, 2017 oto of �` Essex EMS ESSis: SF Call Locations Pal Calligh ap CID GB410 01Gib di & ii . __ GP 101 a CP GP 0 • 0 - $ • CP r - - - .. ` _ _ Q. GIP carOM , ,ac, is 8 GP PO v 0 101 i GO• 0 GIP • 0 CROP 217-41 .; 0 QaPILIC GP iii GP gala pi MEV ® Town of Amhersburg Council • Presentation, April 10, 2017 County of 49 ;I Essex EMs�� Response Times 90th Percentile Response Times 1996 thru 2016 YTD 11:31 I 11:16 1 M 11:02 • _ o3-- . i 16 .7 n 10:48 10 , U _� t 10:33 I •,-6 3 . ,• 1.1 e i 1 y 10:19S10:04 e 9. c 9:50siviit 0 n 9:36 d 9:21 . s 9:07 8:52 , I r , i i r 90th 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 ® Town of Amhersburg Council • Presentation, April 10, 2017 County ofc(46") Essex EMS Response Time Experience Amherstburg response time experience for; Emergent calls (life threatenting) • average = 9 minutes, 2 seconds • 90% mean = 7 minutes Prompt calls ( non life threatening) • Average = 9 minutes, 32 seconds • 90% mean = 8 minutes Town of Amhersburg Council Presentation, April 10, 2017 v Rh% County of -� Essex EMS E:sp .US F Call Type Experience Final F'ri rri; °',t Problem ilihik _ _ i_ enter; I IIInes�;& eakne 'Y:;s ,g,11d0Mirr; I Pain NYD 1 l_I foa „--; l•;J;-;w lTr; -ar a 132 F'us-p. Fri! ire Li Illiftt4ll.Moft Ti:=; :=;u Tr; urn;I!"F; ir-LIE � uric; 1 01 ", IE;I_:f-� 'mic Chest Pain 93 Elw1-� lCiIJ1°.iP5y(:h�I;fitric 71 Back�;: F'; ir4� 6 1:_i I F' rob le rns.if a 1r-1.r...ion-I iti n g.i"N.]a us ea 57 Hemorrhage Minor 39 Town of Amhersburg Council Presentation, April 10, 2017 fav Rh7FO County of Essex EMS OngoingPressures • Off load delays continue to rise .� • Senior Care Strategies in home ° • Increasing annualized call ._ volume • Retirement recruitment strategies • Town of Amhersburg Council Presentation, April 10, 2017 v Rh% County of �` Essex 'Clici'EMS ESS:,:nJSF Accomplishments lin___ ,..._, . ., A.-11,,Aish -4. ......._ __ _ _ - in '� �: �-tom �, t 0 �� `r l ----- A,,‘ IMF _ 41 lip fig P .Jager \ + ♦■ ,}4 sit. . , . 'µ¢}r - AiglIPP:ii/ war NMI '1!1;77 ' . ii - , . r \\,...-,--___I.., . r .._ ii, _ .,,,,,. .iiitA,_,,,_ . = ... _ el' ii* " ' .-- ,i P I* _ . 1 ..,3 •4 'k a 1 w' aI i gip , ® Town of Amhersburg Council Presentation, April 10, 2017 County o Essex EMS ESSEX-WINEISDR AtcuI noILfth'•IR1EG51TF'CUBIPASSm • Town of Amhersburg Council • Presentation, April 10, 2017 0 Great Big PARADE 11:30 am HARVARDS Flypast @ Noon 11 I Town Crier; ha. Bagpipes; Leonidas Burwell, MP1867 Free BBQ & Cake Especially Honouring Our Veterans & Peacekeepers 2 LIVE BANDS CANADA All Afternoon: 'Faded Denim' & 'Not Ed's Garage' JULY 1 ST Port Burwell is THE place to be! SPECIAL TREATS FOR Come for the Parade; Stay for the Day. Relax at our old-fashioned ALL KIDS WHO Street Fest. Horse-drawn carriage rides. Candy floss. Historic DECORATE THEIR displays. Music. Airplanes. Meet a bagpiper, a veteran, a BIKES FOR THE PARADE peacekeeper, a submariner. Eat a hotdog. Stroll our main street. Tour old Trinity church. Catch some rays at our world-class beach. UNVEILING OF HISTORIC 11) 114 1867 - 2017 WEATHERVANE 0 �� r_ c1/4104 . ri, ,:\ .:\ , .;\ A A A A A A A 441„.,.........44 A i gi A . Ai ..y. a : Aa .. It's that time of year again.... Straffordville Watermelon Fest 2017 The Straffordville Watermelon Fest is being held on Saturday August 26, 2017 with a parade starting at 10am followed by rides, games, and entertainment at the Straffordville Community Centre. A family style "Movie in the Park" will be held at dusk again this year. The Movie in the Park has been a successful addition to the Watermelon Fest. Bring your lawn chairs and blankets to watch the movie. As everyone is aware, it is a FREE EVENT, except for food and beverages and has always been well attended by the young and old. This event relies on DONATIONS from individuals and businesses. Any donations would be appreciated and acknowledged . For more information you can call: Pauline Schram 519-866-5573 Make all cheques payable to: Straffordville Community Committee C/O Joyce Taylor RR#1 - 8922 Plank Road, Straffordville, ON NOJ 1Y0 Thanking You in advance, Straffordville Community Committee hvd rocs- one one June 2, 20173 E. Municipality Of BayhamOi PO Box 160 Straffordville ON NOJ 1Y0 Dear Valued Customer, Account number: 2001 14309316 EB-2017-0049 — Hydro One Networks Inc.'s 2018-2022 Distribution Custom IR Application - Notice of Application Hydro One Networks Inc. has applied to the Ontario Energy Board to increase our electricity distribution rates. Please review the Ontario Energy Board's Notice of Hearing to learn more and to find out how you can participate in the Ontario Energy Board's hearing. Our application is available online at http://www.hydroone.com/RegulatoryAffairs/Pages/DxRates.aspx Sincerely, Regulatory Affairs Hydro One Networks Inc. ONTARIO ENERGY BOARD NOTICE TO CUSTOMERS OF HYDRO ONE NETWORKS INC. Hydro One Networks Inc.has applied to raise its electricity distribution rates and other charges. Learn more.Have your say. Hydro One Networks Inc.has applied to the Ontario Energy Board to raise its electricity distribution rates effective January 1,2018 and continuing each year for another 4 years,until December 31,2022.if the application is approved,a typical residential customer of Hydro One Networks Inc.,using 750 kWh per month,would see Increases as set out In the table below: 2018 an increase of$2.79 per month 2020 an Increase of$2.31 per month 2022 an Increase of 52.23 per month 2019 an Increase of$2.47 per month 2021 an Increase of$1.95 per month Other customers,including businesses,may be effected as well. Hydro One Networks Inc.has also acquired the electricity distribution assets of Norfolk Power,Haldlmand County Hydro and Woodstock Hydro.The distribution rates for the former customers of theae distributors will remain frozen at current levels until December 31,2020.As part of this application,on January 1,2021,and January 1, 2022,the distribution rates for these customers will also be increasing. If the application Is approved,a typical former residential customer of these three distributors,using 750 kWh per month,would see increases as set out in the table below: Former Utility1 Increase2022022 Norfolk Power $3.18 per month $1.00 per month Haldlmand County Hydro $4.52 per month $1.09 per month Woodstock Hydro $1.08 per month $0.84 per month Other former customers of these distributors,including businesses,may be affected as well. Hydro One Networks Inc.has also applied for new service charges and for adjustments to many of its specific service charges,Including increases to charges for the collection of accounts,for disconnection,reconnection and removal of load control devices and for access to Hydro One Networks Inc.power poles.You are encouraged to review the application carefully to determine whether you may be affected by these changes. The Ontario government has Introduced the Fair Hydro Act,2017 that,if passed,would implement electricity rate reductions starting In the summer of 2017.The amounts set out above are provided before the application of any credits that would be Implemented under the Fair Hydro Act,2017. THE ONTARIO ENERGY BOARD IS HOLDING COMMUNITY MEETINGS The Ontario Energy Board(DEB)will be hosting several regional community meetings Please check the Ontario Energy Board website at www oeb.ca under the EB-2017-0049 case number for specific details of the meetings in your area. The community meetings are designed to allow customers to: •Learn more about Hydro One's costs and rate application. •Find out how the OEB will review the application. •Get involved and provide your comments about the application to the OEB. THE ONTARIO ENERGY BOARD IS HOLDING A PUBLIC HEARING The OEB will hold a public hearing to consider the application filed by Hydro One During the hearing,we will question Hydro One on its case for the rate increases.We will also hear questions and arguments from Individual customers and from groups that represent Hydro One's customers At the end of this hearing,the OEB will decide what,if any,rate increase will be allowed Hydro One has applied for approval of rates for 5 years You may not gel notice of future rate changes during this 5 year period The OEB is an independent and impartial public agency.We make decisions that serve the public interest Our goal is to promote a financially viable and efficient energy sector that provides you with reliable energy services at a reasonable cost BE INFORMED AND HAVE YOUR SAY You have the right to information regarding this appllcalion and to be involved in the process •You can review Hydro One's application on the OEB's website now. •You can attend the OEB's community meeting where you can ask questions,make comments and voice your concerns. •You can file a letter with your comments,which will be considered during the hearing. •You can become an active participant(called an intervenor).Apply by June 14,2017 or the hearing will go ahead without you and you will not receive any further notice of the proceeding. •At the end of the process,you can review the OEB's decision and its reasons on our website. LEARN MORE These proposed charges relate to Hydro One's distribution services.They make up part of the Delivery line-one of the five line items on your bill.Our file number for this case is EB-2017-0049.To learn more about this hearing,find instructions on how to file letters or become an intervenor,or to access any document related to this case,please select the file number EB-2017-0049 from the list on the 0E8 website:www.oeb.ca/noticn.You can also phone our Consumer Relations Centre at 1-877-832-2727 with any questions ORAL VS.WRITTEN HEARINGS There are two types of DES hearings-oral and written.Hydro One has applied for an oral hearing.The OEB is considering this request If you lNnk an oral hearing is needed,you can write to the 0E8 to explain why by June 14,2017 PRIVACY If you write a letter of comment,your name and the content of your tatter will be put on the public record and the OEB website.However,your personal telephone number,home address and email address will be removed.If you are a business,all your information will remain public.If you apply to become an intervenor,all information will be public. This rate hearing will be held under section 78 of the Ontario Energy Board Act,1998,S.O.1998 c.15(Schedule B). oniano The Corporation of the Municipality of Brockton / / Number: , 17-14- Session: May 23 0 0 , 2017 Moved By: 4 / ' ,; Seconded By: 1.3 jiLk 0.{,.._ 12.3 Oppose Amendment to/tile Conservation Authorities Act / Whereas the provincial government has proposed to amend the Conservation Authorities Act. Whereas the amendment will require Conservation Authority Boards to have a composition of 50% members with scientific backgrounds. Whereas the amendment will restrict the ability of municipal councils to appoint board members. Be it resolved that the municipality of Brockton oppose the amendment to the Conservation Authorities Act. Member of Council Yea Nay Adams, Steve Bell, Bill Carried Gieruszak, Dan Inglis, David Leifso, Dean Defeated Oberle, Chris Peabody, Chris Totals ntLONG POINT REGION CONSERVATION AUTHORITY , BOARD OF DIRECTORS — Minutes of April 5, 2017 Approved May 3, 2017 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, and Tom Southwick Staff in attendance: C. Evanitski, J. Maxwell, L. Minshall, P. Walther-Mabee, P. Gagnon and D. McLachlan Regrets: Craig Grice, David Hayes and John Scholten The LPRCA Chair called the meeting to order at 6:35 pm Wednesday, April 5, 2017 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-80/17 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors add "Wastewater Discussion"under New Business as item 10 (i) to the April 5th, 2017 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-81/17 moved: R. Geysens seconded: D. Brunton THAT the minutes of the LPRCA Board of Directors Regular Meeting held March 8, 2017 be adopted as circulated. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 1 - BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Hearing LPRCA— 63/17 (Dean Donovan) MOTION A-82/17 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Larry Donovan and Brenda Baker, agents for Mr. Donovan, and then proceeded to present the staff report. The area requested for constructing a structure is in the Lake Erie shoreline flood hazard and dynamic beach hazard and is contrary to the approved 1989 Long Point Region Conservation Authority Shoreline Management Plan and LPRCA policies. The construction would increase property damage due to flooding and the forces of wave action; affect the control of flooding; and interfere with dynamic beach processes. Mr. Donovan noted that due to the size of the structure, Norfolk County does not require a building permit. He is a home builder and ascertained that there is no need to reinforce the shoreline in this particular area. Brian Duxbury spoke on behalf of a neighbouring property owner who opposed this application and any new development along Hastings Drive, Long Point. Staff and the agents responded to questions from the Board. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - MOTION A-83/17 moved: R. Chambers seconded: D. Brunton THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-84/17 moved by: D. Brunton seconded: R. Geysens THAT the LPRCA Hearing Board of Directors does now adjourn from the closed session. CARRIED MOTION A-85/17 moved by: R. Geysens seconded: T. Southwick THAT the Board of Directors approves Permit Application LPRCA-63/17 (Dean Donovan) to construct a change house at South Walsingham Plan 251 Lot 36, 121 Hastings Drive, Long Point. CARRIED MOTION A-86/17 moved by: R. Chambers seconded: D. Brunton That the LPRCA Hearing Board does now adjourn from sitting as a Hearing Board. CARRIED b) Hearing LPRCA— 64/17 (Dennis Fioraso) MOTION A-87/17 moved: R. Chambers seconded: D. Brunton THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Dennis Fioraso and his agent, Elliott Wilkinson, and then proceeded to present the staff report. The area requested for constructing a structure is in the Lake Erie shoreline erosion hazard and is contrary to the approved 1989 Long Point Region Conservation Authority Shoreline Management Plan and LPRCA policies. Due to the potential of further erosion of neighbouring properties, staff requested the proponent seek the advice of a coastal engineer to approve the project design. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 3- Mr. Wilkinson had originally had the design approved by an engineering firm but, after noting that every situation is unique, LPRCA staff then requested that the drawings be approved by a coastal engineer which, he determined would cost a minimum of$5000 and the proponent had already paid considerable costs for the project. Staff and the agent responded to questions from the Board. MOTION A-88/17 moved: R. Geysens seconded: R. Chambers THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-89/17 moved by: M. Columbus seconded: R. Geysens THAT the LPRCA Hearing Board of Directors does now adjourn from the closed session. CARRIED MOTION A-90/17 moved by: L. Bartlett seconded: D. Beres THAT the Board of Directors approves Permit Application LPRCA-64/17 (Dennis Fioraso) to upgrade the existing shoreline protection structure at Walpole Plan 26495 Lot 4, 2 Woodlawn Park Lane, Haldimand, provided that the applicant provides to the Long Point Region Conservation Authority a design by a qualified coastal engineer according to accepted practice to ensure the proposed works does not aggravate erosion on adjacent properties or updrift/downdrift shorelines. CARRIED MOTION A-91/17 moved by: R. Geysens seconded: D. Brunton That the LPRCA Hearing Board does now adjourn from sitting as a Hearing Board. CARRIED c) Staff Approved applications Staff approvedl5 applications since the last meeting in March: LPRCA-219/16, LPRCA-13/17, LPRCA-38/17, LPRCA-39/17, LPRCA-47/17, LPRCA-49/17, LPRCA- 50/17, LPRCA-54/17, LPRCA-58/17, LPRCA-59/17,LPRCA-60/17, LPRCA-62/17, LPRCA-68/17,LPRCA-70/17 and LPRCA-75/17. There were no questions or comments. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4- MOTION A-92/17 moved: D. Brunton seconded: L. Bartlett That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated March 28, 2017 as information. CARRIED d) New applications The Planning Department recommended approval for five applications. MOTION A-93/17 moved: R. Geysens seconded: R. Chambers THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-52/17 LPRCA-53/17 LPRCA-56/17 LPRCA-72/17 LPRCA-73 B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED NEW BUSINESS a) GENERAL MANAGER'S REPORT The first quarter of 2017, the GM focused on planning and HR issues. He noted that planning staff completed 41 applications during the first quarter of 2016 and 80 applications during the first quarter of 2017. Over the past week, the GM received requests for further information from two parties interested in renting the offices on the south side of the administration building. MOTION A-94/17 moved: D. Brunton seconded: R. Chambers THAT the LPRCA Board of Directors receives the General Manager's Report for the 1St quarter of 2017 as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 5- b) TREE PLANT TENDER 2017 Three tenders were received by the due date with the lowest bid coming from TRITREE. References have been called and were favourable. TRITREE started in Simcoe, moved to Niagara and now completes works across the country. The original tree order for 2017 was approximately 70,000 but has since risen to 90,000. MOTION A-95/17 moved: R. Geysens seconded: L. Bartlett That LPRCA Board of Directors approves the tender received from TRITREE Reforestation for a total of$26,195.38 (taxes included) for LPRCA's Spring 2017 Restoration contract. CARRIED c) EROSION CONTROL PROGRAM REPORT The LPRCA Erosion Control Assistance Program provides 50% of the cost of eligible erosion control projects to a maximum of$1000 to private landowners. Staff has received four requests for erosion control projects in 2017. There was no uptake for the program in 2016. MOTION A-96/17 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors approves the following erosion control projects under LPRCA's Conservation Services— Erosion Control Assistance Program. CARRIED d) FLOOD FORECASTING AND WARNING PROGRAM The Long Point Region Conservation Authority has an active flood forecasting and warning program. The CA's role in the program is established by the province through the Ministry of Natural Resources and Forestry (MNRF). The MNRF's Surface Water Monitoring Center (SWMC) evaluates flood risk at a provincial level and provides technical information to the conservation authorities who use the data to focus on their local watershed. The municipality is responsible for action during a flood. LPRCA staff monitors and evaluates various systems, gauges and websites to assess flood risk throughout the watershed. If there is the potential for flooding, staff issue specific flood messages to the municipal flood coordinators, emergency contacts and the public. The Conservation Authorities Act Review makes mention of the funding model for the Flood Forecasting and Warning Program. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 6- MOTION A-97/17 moved: R. Geysens seconded: M. Columbus That the LPRCA Board of Directors receives the Flood Forecasting & Warning Program Report as information. CARRIED MOTION A-98/17 moved: M. Columbus seconded: D. Brunton THAT the LPRCA Board of Directors waives its policy, and carries on business beyond the 3-hour limit. CARRIED e) BACKUS RENTAL HOUSE Staff reported that the last tenant moved out of the Backus rental house this past February and it has since been vacant. It was identified that the building requires a number of upgrades at a cost of$15,000 in materials not including labour. The Board discussed whether it was prudent to complete the upgrades or remove/demolish the building. MOTION A-99/17 moved: L. Bartlett seconded: D. Brunton THAT the LPRCA Board of Directors receives the Backus Heritage Conservation Area Rental House Report as information; AND THAT staff prepare a cost-estimate for removing the BHCA Rental House. CARRIED f) FUNDING APPLICATIONS UPDATE Backus was successful in garnering two grants. The first from Ontario150 for Norfolk Tales for $40,000 and the second from TD Friends of the Environment Foundation to repair and upgrade trails to make them more accessible for$$27,390. An application to the Ontario Arts Council for $10,000 to offset some of the costs of the Norfolk Tales event was denied therefore, staff has also applied to the Norfolk Community Foundation and will also be looking at sponsorships. MOTION A-100/17 moved: D. Brunton seconded: R. Geysens THAT the LPRCA Board of Directors accepts the following reports (grants at BHCA) as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 7- g) ECOLOGICAL INVENTORIES — 2017 FOREST MANAGEMENT OPERATIONS LPRCA conducts ecological surveys prior to forest management activities. These surveys are contracted out and conducted annually. This year ecological surveys will be conducted at three properties: the Mason/Buchner Tract, Rowan Mills Conservation Area and the Smith Tract. MOTION A-101/17 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors approves retaining the services of Paul O'Hara of Blue Oak Native Landscapes to conduct ecological inventories of identified Conservation Authority properties— totaling 148 Acres (60 Hectares) for a total submitted bid of$20,900 plus HST, as part of the 2017 Forest Management Operating Plan. CARRIED h) WATERSPORTS CABLE PARK AGREEMENT The agreement has been sent to legal counsel for review and after further discussion with the Cook's, the fee for rent will be increased to $700 per month. The agreement is currently delayed until OPG presents a timeline for upgrading the hydro at Waterford North Conservation Area. MOTION A-102/17 moved: D. Brunton seconded: L. Bartlett THAT the LPRCA Board of Directors receives the GM's verbal report regarding the Watersports Cable Park Agreement as information. CARRIED i) WASTEWATER REPORT Member Bartlett brought forward a request for LPRCA to provide recommendations on nutrient loads coming from water treatment plants. L. Minshall was part of committee at the Grand River Conservation Authority providing advice to the Ministry of the Environment and the municipalities regarding nutrient loads and noted that it would be a good time to review. MOTION A-103/17 moved: L. Bartlett seconded: R. Geysens THAT the LPRCA Board of Directors receives the wastewater discussion as information; AND THAT staff prepare a report on how to enhance LPRCA's water quality monitoring program for consideration in the 2018 budget. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 8- CARRIED MOTION A-104/17 moved: R. Geysens seconded: L. Bartlett That the LPRCA Board of Directors does now enter into a closed session to discuss: O personal matters about an identifiable individual, including Conservation Authority employees CARRIED MOTION A-105/17 moved: D. Brunton seconded: L. Bartlett That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-106/17 moved: D. Beres seconded: D. Brunton THAT the LPRCA Board of Directors receives the GM's verbal update regarding a personnel matter. CARRIED The Chair adjourned the meeting at 10:20pm. •. 4 Noel Ha :"'e Dana cLach an Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 9- I) LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS — MINUTES of May 3, 2017 Approved June 7, 2017 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes and John Scholten Staff in attendance: C. Evanitski, J. Maxwell, L. Minshall, P. Walther-Mabee, P. Gagnon and D. McLachlan Regrets: Tom Southwick The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, May 3, 2017 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-107/17 moved: D. Brunton seconded: R. Geysens THAT the LPRCA Board of Directors add "Waterford North/Cook Application" under New Business as item 10 (e) to the May 3rd, 2017 agenda. CARRIED DISCLOSURES OF INTEREST None DEPUTATIONS a) Clark Hoskin, Norfolk County Manager of Economic Development re: Alternative Accommodations Mr. Hoskin provided the results of a recent alternative accommodation study in Norfolk, Haldimand and Elgin counties. The study suggests increasing the number of overnight accommodations in the area by 10% would create an additional $15 million per year in tourism revenue. To help achieve these revenue goals, it was suggested that planning/building policies should be revised to support accommodation creation with clear, quick, inexpensive approval processes. MOTION A-108/17 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Board of Directors receives the deputation from Clark Hoskin, Norfolk County Manager of Economic Development regarding alternative accommodations as information. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 1 - MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-109/17 moved: J. Scholten seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors Regular Meeting held March 8, 2017 be adopted as circulated. CARRIED BUSINESS ARISING a) Backus Rental Property Removal Staff obtained a quote for demolition and found that the most cost-effective option is to rent a mini-excavator and allow staff to remove during the off season. Discussion ensued regarding obtaining other quotes, renting different types of equipment for demolition or possibly converting the house into another cabin. MOTION A-110/17 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors approves the demolition of the tenant house by staff resources prior to the end of 2017. CARRIED REVIEW OF COMMITTEE MINUTES None CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Hearing LPRCA— 30/17 — Nancy & John Rogers MOTION A-111/17 moved: R. Geysens seconded: D. Brunton THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 2 - The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced John Rogers and then proceeded to present the staff report. The area requested for constructing a major addition to an existing vacation home is in the Lake Erie shoreline flood hazard and is contrary to the LPRCA shoreline policies. The additional construction would be built below the 100-year flood elevation threshold thereby increasing the risk of property damage due to flooding, and the area has been identified as not having safe access/egress for evacuation or emergency assistance in a flood event. Mr. Rogers explained that it was impractical to raise the addition to a higher level than the original foundation and the design he commissioned is engineered to building code. He stated that his property is approximately 200 metres to the shoreline and that the issue of safe access/egress is currently being addressed by Norfolk County's proposed new flood emergency plan. Staff and the proponent responded to questions from the Board. MOTION A-112/17 moved: D. Brunton seconded: D. Beres THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-113/17 moved by: J. Scholten seconded: D. Brunton THAT the LPRCA Hearing Board of Directors does now adjourn from the closed session. CARRIED MOTION A-114/17 moved by: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors refuses to grant a "Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses"Permit for Permit Application No. 30/17 (Nancy and John Rogers) for the following reason: • the proposed development does not meet the 100-year flood level. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 3- MOTION A-115/17 moved by: D. Brunton seconded: J. Scholten That the LPRCA Hearing Board does now adjourn from sitting as a Hearing Board. CARRIED b) Hearing LPRCA— 44/17 - Harvey & Sharon Harrietha MOTION A-116/17 moved: J. Scholten seconded: R. Geysens THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Sharon Harrietha and then proceeded to present the staff report. The area requested for constructing a new dwelling is in the Lake Erie shoreline flood hazard and has been identified as not having safe access/egress to support evacuation and emergency assistance in the event of a flood. Mrs. Harrietha provided a history on the previous renovations completed on the current dwelling and detailed the current deficiencies. The size of the building will increase by 69% and the family has hired engineers to design the dwelling to conform to all codes including LPRCA's flood proofing standard. Staff responded to questions from the Board. MOTION A-117/17 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-118/17 moved by: D. Brunton seconded: D. Hayes THAT the LPRCA Hearing Board of Directors does now adjourn from the closed session. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 4- MOTION A-119/17 moved by: J. Scholten seconded: D. Hayes THAT the Board of Directors approves Permit Application LPRCA-44/17 made by Harvey and Sharon Harrietha to construct a new dwelling in the Lake Erie shoreline flood hazard provided that the applicant provides to the Long Point Region Conservation Authority a restrictive covenant or release in a form satisfactory to the Authority in accordance with the plans filed by the applicant with all fees and costs covered by the applicant. CARRIED L. Bartlett left the meeting. MOTION A-120/17 moved by: D. Hayes seconded: J. Scholten That the LPRCA Hearing Board does now adjourn from sitting as a Hearing Board. CARRIED c) Hearing LPRCA— 55/17 — Randy Mawhiney MOTION A-121/17 moved: R. Geysens seconded: D. Hayes THAT the LPRCA Board of Directors does now sit as a Hearing Board. CARRIED The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Randy Mawhiney and then proceeded to present the staff report. The applicant requested to remove and replace 16 dock posts, and import and place material to form a berm. The importing and placement of material to construct a berm structure in the Lake Erie shoreline flood hazard, erosion hazard and dynamic beach hazard along Hastings Drive is contrary to the approved 1989 Long Point Region Conservation Authority Shoreline Management Plan and LPRCA policies for development in the area. Importing and placement of material to construct a berm structure affects the control of dynamic beaches in that it interferes with dynamic beach processes. Mr. Mawhiney had completed a berm along his properties a number of years ago as advised by LPRCA as a fence or armor stone is not included in the regulations for the area. The applicant requested to continue the berm along the remainder of the properties, topped with cedar trees, to help address illegal dumping and trespassing. Also, the dock is used by others, including emergency services, and needs to be in good repair. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 5- Staff and the proponent responded to questions from the Board. Neighbouring property owner, Ellen Boyce , opposed this application and any new development along Hastings Drive, Long Point. MOTION A-122/17 moved: M. Columbus seconded: D. Brunton THAT the LPRCA Board of Directors waives its policy, and carries on business beyond the 3-hour limit. CARRIED Neighbouring property owner, Mary Weber, abuts Mr. Mawhiney' s property and supports this application noting that the applicant is trying to work within the rules. Staff responded to questions from the Board. MOTION A-123/17 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Hearing Board does now enter into a closed session to discuss: • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED C. Grice left the meeting. MOTION A-124/17 moved by: D. Beres seconded: D. Hayes THAT the LPRCA Hearing Board of Directors does now adjourn from the closed session. CARRIED MOTION A-125/17 moved by: R. Chambers seconded: D. Beres THAT the LPRCA Board of Directors refuses to grant a "Development, Interference with Wetlands, and Alterations to Shorelines and Watercourses" Permit for Permit Application LPRCA-55/17 (Randy Mawhiney) for the following reasons: 1. The importing and placement of material to construct a berm structure in the Lake Erie shoreline flood hazard, erosion hazard and dynamic beach hazard along Hastings Drive is contrary to the approved 1989 Long Point Region Conservation Authority Shoreline Management Plan and LPRCA policies for development in the area of the subject lands. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 6- 2. This importing and placement of material to construct a berm structure affects the control of dynamic beaches in that it interferes with dynamic beach processes. 3. The proposal is not unique; therefore the granting of an exemption to policy could be seen as setting precedent. Similar applications may have to be permitted as a consequence. CARRIED MOTION A-126/17 moved by: D. Brunton seconded: D. Beres That the LPRCA Hearing Board does now adjourn from sitting as a Hearing Board. CARRIED d) Staff Approved applications Staff approvedl l applications since the last meeting in April: LPRCA-67/17, LPRCA-76/17, LPRCA-69/17, LPRCA-74/17, LPRCA-77/17, LPRCA-78/17, LPRCA-79/17, LPRCA-80/17, LPRCA-81/17, LPRCA-82/17 and LPRCA-83/17. There were no questions or comments. MOTION A-127/17 moved: J. Scholten seconded: R. Geysens That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated April 20th, 2017 as information. CARRIED e) New applications The Planning Department recommended approval for seven applications. LPRCA- 87/17 was given permission to buttress the wall as an emergency measure once reviewed by a geotechnical engineer. MOTION A-128/17 moved: D. Hayes seconded: D. Brunton THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 178/06), LPRCA-48/17 LPRCA-65/17 LPRCA-66/17 LPRCA-84/17 LPRCA-86/17 LPRCA-87/17 LPRCA-88/17 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 7- B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED NEW BUSINESS a) GENERAL MANAGER'S REPORT There were no questions or comments. MOTION A-129/17 moved: D. Hayes seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager's Report for April 2017 as information. CARRIED b) 1ST QUARTER FINANCIAL REPORT Staff responded to questions and will provide investment revenue updates on a quarterly basis at future meetings. MOTION A-130/17 moved: J. Scholten seconded: D. Hayes THAT the LPRCA Board of Directors receives the 1st Quarter, 2017 Budget Performance Report as information. CARRIED c) SEWAGE DISPOSAL BID As of the deadline, two tenders for the park sewage disposal service were received. The cost will increase by 4.1% provided the loads remain the same as 2016. MOTION A-131/17 moved: J. Scholten seconded: R. Geysens THAT the LPRCA Board of Directors receives the Septic Tender Report as information; AND THAT the contract of septic services for 2017 be awarded to Bill's Septic with respect to the following Conservation Areas: Backus Heritage Conservation Area; Deer Creek Conservation Area; Haldimand Conservation Area; Norfolk Conservation Area; and Waterford North Conservation Area. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 8- d) HALDIMAND HYDRO TENDER At the deadline, two tenders for the hydro upgrades at Haldimand CA were received. As per the capital plan, 20 sites will be upgraded from 15 amp service to 30 amp service. Staff recommended Darlington Electric who completed the site upgrades at Backus and Haldimand last fall. MOTION A-132/17 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors accepts the tender submitted by Darlington Electric for the upgrade of 20 sites from 15 amp to 30 amp, including the replacement of both water and sewer lines at the Haldimand CA for a total tendered price of $19,875.00 plus HST. CARRIED e) WATERFORD NORTH/COOK APPLICATION The agreement with Mr. and Mrs. Cook for a Watersports Cable Park at Waterford North CA is on hold as staff awaits hydro upgrades at the road. A new plan is being prepared to include the Watersports Cable Park hydro requirements and will be submitted to Hydro One for review upon completion. MOTION A-133/17 moved: M. Columbus seconded: R. Geysens THAT the LPRCA Board of Directors receives staff's verbal report regarding the Cook proposal for Waterford North CA as information. CARRIED MOTION A-134/17 moved: J. Scholten seconded: R. Chambers THAT the LPRCA Board of Directors adjourns due to time. DEFEATED MOTION A-135/17 moved: D. Hayes seconded: R. Geysens That the LPRCA Board of Directors does now enter into a closed session to discuss: O personal matters about an identifiable individual, including Conservation Authority employees O a proposed or pending acquisition or disposition of land by the Conservation Authority O litigation or potential litigation, including matters affecting the Conservation Authority CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 9- MOTION A-136/17 moved: J. Scholten seconded: D. Hayes That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-137/17 moved: M. Columbus seconded: R. Geysens THAT the LPRCA Board of Directors receives the GM's verbal update regarding a personnel matter, as information. CARRIED MOTION A-138/17 moved: D. Beres seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager's Report regarding the divestiture of Port Burwell Harbour as information; AND THAT the Long Point Region Conservation Authority Board of Directors confirms its disinterest in acquiring the federally-owned harbour lands located in the Municipality of Bayham; AND THAT The Conservation Authority continues to act as a resource to the Municipality where applicable. CARRIED MOTION A-139/17 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors receives the Golden's Settlement Report as information; AND THAT LPRCA inform its legal counsel that the Campers Notice issued in 2012 to Guy and Donna golden has been rescinded. CARRIED The Chair adjourned the meeting at 11:10pm. Noel Hay Dana McLach ani Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten, Tom Southwick - 10- RAviutril PEA. ESTI3ECEIVED JUN 0 2 201/ June 2, 2017 RE: Municipal Approvals MUNICIPALITY The Bayham Beachfest committee would like to formally commend the municipality of Bayham for their efforts to improve this parking area,Job well done to all involved. Further to correspondence received on April 7, 2017 regarding Bayham Beachfest request for the use of the East Beach Parking area in Port Burwell on August 5 6t'' for the placement of Vendors and Bouncy Castles. With respect to our original request for the complete closure of this area,the Bayham Beachfest committee would like to revise our request,to include a much smaller area on the East End of the parking lot. Starting across from the existing French fry wagon, and to the eastern edge of the parking lot. With this space, we can keep most the parking area open for use,our vendors would be conveniently located near the services located on the back of the public washrooms,which we would also like to request use of for this event. It is worth noting that Bayham Beachfest does not charge a vendor fee to any local businesses that express an interest in attending the weekend. Our Committee is committed to offering a fun filled weekend at little to no cost to our patrons,we recognize and appreciate that this cannot be done without the support of the municipality of Bayham, and for that support we are extremely grateful. , , ‘7,..f ,,,,,.,::,,,:1:..1"40._::::;,%„;,,,,,::?..,,,,..;::i,:,,,,,,..!,,,,,34,1,,,,,, w,. ;, #% ''*:-+x� '1k �,. .mad>. -.¢. :' '4-F4_` a `.S•S - "i 4r,i4--. !.,-;.-.,,.: IN:,,,,, „ -,,,,-,--i.--, 4'-'-'''''''''_ ±..'. ' 1 r ' k r = " �,- ''' sa %,-, ' - ;_-¢ „ .p.4,'''/‘ 4f. ' '%Rt- S _ -'-:;;,:-a.;; Fr ....-. 34 $tom -- +." ' r' c.' .- t ' Kindest regards, The Bayham Beachfest Committee REPORT ryti TREASURY DEPARTMENT i Oportu WP. nzty TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: June 15th, 2017 REPORT: TR-10/17 FILE NO. F08 SUBJECT: Port Burwell Fire Hall Loan Renewal BACKGROUND: The Municipality of Bayham issued a debenture in the amount of$715,000 in 2012 for the balance of financing for the Port Burwell Fire Hall. Payments are due January 1st and July 1st annually, in the amount of $32,500 blended payment. The term of the loan was 5 years at 3.56% with amortization term of 14 years. The loan term expires, July 1st, 2017. Staff reached out to the Royal Bank of Canada, current holder of the loan to assess an extension agreement on the debenture. Royal Bank provided staff will the following loan options: Option 1: 5 year term, 2.25% Option 2: 10 year term, 2.75% Staff would recommend that council elects Option 2, as this provides cost certainty against future interest rate increases. The annual blended payment will still stay at $65,000 which been budgeted since 2013. RECOMMENDATION 1. THAT Staff Report TR-10/17 be received for information; 2. AND THAT Staff be directed to bring forward a By-law to enter into a loan agreement with Royal Bank of Canada in the amount of $501,429.72 for a 10 year term with an interest rate of 2.75% approximate per amortization schedule. Respectfully submitted, Reviewed by, Lorne Jame, CPA, CA, Treasurer 'aul S -11,:›01 'AO -$AYHAdvz 40471.% REPORT 4.cv CAO 'Portunity Is�o�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 15, 2017 REPORT: CAO-39/17 SUBJECT: ROAD PATROL SOFTWARE BACKGROUND On July 15, 2010 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Staff Report PW2010-13 regarding Road Patrol Manager be received; AND THAT Council direct staff to purchase a Road Patrol System from R.J. Burnside & Associates Limited, 15 Townline, Orangeville, Ontario in the amount of$18,881.35 including applicable taxes. On September 15, 2011 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Staff be directed to proceed with the purchase of the GPS system from R.J. Burnside & Associates Limited in accordance to the price submitted. DISCUSSION The Municipality utilizes Road Patrol Manager from R.J. Burnside & Associates Limited and GeoTab Fleet Management GPS to provide due diligence and compliance with Ontario Regulation 238/02 which sets out the Minimum Maintenance Standards for Municipal Roads. Specifically Ontario Regulation 238/02 defines the minimum inspection frequency and the maximum time in which repair to deficiencies are to be completed for various classes of roads. Ontario Regulation 238/02 applies to both winter and summer road conditions with respect to: i. Patrol (Inspection) Frequency vi. Pavement Cracks ii. Snow Accumulation vii. Luminaries iii. Ice Conditions viii. Signs (Regulatory or Warning) iv. Potholes ix. Bridge Deck Spalls v. Shoulder Conditions x. Pavement Surface Discontinuities Administration of Ontario Regulation 238/02 requires significant data management and due diligence efforts. Information compiled from Road Patrol Manager and GeoTab is routinely utilized to monitor service efficiency and provide documentation of compliance with Ontario Regulation 238/02 for insurance and legal purposes. The current iteration of Road Patrol Manager, a file based system, will cease to receive support effective December 31, 2017 as R.J. Burnside & Associates Limited evolves to a live web based platform. As such the Municipality has two main options: 1) Continue utilizing the unsupported version of Road Patrol Manager; 2) Upgrade to the live web based Road Patrol Manager. Considering the importance of Road Patrol Manager and the impacts if Road Patrol Manager fails, staff would respectfully recommend conversion to the live web based Road Patrol Manager prior to the 2017-2018 Winter Season. In 2015 the Municipality upgraded its Information Technology environment across the organization with the exception of the Public Works Department located at 8354 Plank Rd. At this time staff would propose works to upgrade the Public Works Department to a more digital environment as follows: 1) Install Fiber Internet at the Public Works Department a. The Public Works Department currently utilizes a DSL connection at a cost of approximately $70.00/month. b. The Public Works Department does not have access to the corporate server, information or programs. Providing a corporate network at the Public Works Department will provide access to relevant information and permit Public Works to use Laserfiche which has been utilized throughout the Municipality to automate extensive corporate workflows to assist in due diligence and management efficiency and effectiveness. Capital Cost: $14,016.89 Annual Operating Cost: $5,400 2) Upgrade Road Patrol Manager a. The Road Operations Supervisor utilizes Road Patrol Manager to ensure roads are inspected. The current annual operating cost of Road Patrol Manager is $4,300. All other Public Works staff, including the winter patroller, utilizes paper based hard copy records of inspection. This method of data management is becoming increasingly cumbersome and inefficient. b. Due to the nature of the original capital procurement of Road Patrol Manager the program is only located on the Road Operations Supervisor laptop and not on the corporate server, thus limiting the functionality of Road Patrol Manager. A live, web based Road Patrol Manager and GPS location recording is an asset to administer Ontario Regulation 238/02 Minimum Maintenance Standards activities. All patrol vehicles would have a touch screen unit mounted in the cabs which the driver can use to input data, when safe to do so. The unit has the ability to capture other data automatically through sensors mounted on the vehicle with all data time stamped and GPS position recorded. The live web based Road Patrol Manager would provide a number of benefits, including but not limited to the following: a. Improved Data Collection b. Enhanced efficiency and effectiveness in job tracking c. Improved reporting d. Location specific condition assessment e. Enhanced response to Risk Management considerations f. Improved Asset/ Budget Management g. Information to support the management of maintenance budgets Annual Operating Cost: $13,873.75 Elgin County, including lower tier municipalities are currently exploring the possibility of an Enterprise Level Agreement, where Elgin County would host a portion of the software required for the Road Patrol Manager Program. This discussion is still in its early stages and it is unknown if the option will succeed. Should an Elgin County Enterprise Level Agreement be implemented Road Patrol Manager may have slightly lower annual costs, with savings shared across participating Municipalities. Moving ahead individually at this point would not eliminate the possible shared benefit to the Municipality of Bayham in the future. RECOMMENDATION 1. THAT Report CAO-39/17 re Road Patrol Software be received for information; 2. AND THAT staff be directed to procure Road Patrol Manager from R.J. Burnside & Associates Limited with 2017 funding allocated from the Roads Equipment Reserve and 2018 funding included in the 2018 Operating Budget; 3. AND THAT staff be directed to complete Public Works Fiber Internet upgrades with funding allocated from the Roads Equipment Reserve. Respectfully Submitted by: Paul Shipway CAOICIerk INNYHA4 • REPORT o icy CAO —Po-Jr/unity Is.co�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 15, 2017 REPORT: CAO-40/17 SUBJECT: STRAFFORDVILLE COMMUNITY CENTRE RATES & FEES ASSESSMENT BACKGROUND On June 1, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT correspondence from Straffordville Hall Foundation regarding Community Facility Rental Rates be received for information; AND THAT staff be directed to bring forward a report for Council consideration on Straffordville Community Centre Main Hall rate reductions in ten dollar ($10.00) increment models. The current Rates & Fees By-law was established as By-law No. 2016-059 on August 18, 2016. The Straffordville Hall Foundation submitted correspondence to Council for consideration, at the June 1, 2017 meeting of Council, which requested that Main Hall Rates at the Straffordville Community Centre (SCC) be lowered from parity versus the rates set at the Vienna Community Centre (VCC) as follows: EXISTING VCC-SCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 PROPOSED SCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $200.00 $26.00 $226.00 Fri & Sat $240.00 $31.20 $271.20 PROPOSED VCC MAIN HALL RATES Main Hall Fee HST Total Mon - Thurs & Sun $275.00 $35.75 $310.75 Fri & Sat $330.00 $42.90 $372.90 DISCUSSION The previous collection of rental statistics does not provide data utility to exactly and definitely present a fee assessment to Council as requested on June 1, 2017. As such, staff have utilized the data in a best effort to provide an assessment. The Straffordville Community Centre was utilized historically as follows: Average Annual SCC Rentals 2012-2014 Average Annual Total Rentals 111 Average Annual Fee Waiver Events 79 For comparison the Vienna Community Centre was utilized historically as follows: Average Annual VCC Rentals 2012-2014 Average Annual Total Rentals 86 Average Annual Fee Waiver Events 66 The Straffordville Community Centre and Vienna Community Centre have the following 2017 year to date (June 1, 2017) statistics: Total Community SHF Rentals Main Hall Full Other Full Rate Rentals Partner Rentals Rate VCC (#) 53 30 0 11 12 VCC ($) $6,735.00 $1,630.00 $0.00 $3,245.00 $1,860.00 SCC (#) 25 17 5 2 1 SCC ($) $2,040.00 $1,360.00 $0.00 $605.00 $75.00 1 The Straffordville Community Centre was not rentable for the first quarter of 2017. 2017 year to date the Community Partner Rate has provided `Fee Waiver' in the amount of $1,500.00 at the Vienna Community Centre and $850.00 at the Straffordville Community Centre. The Straffordville Community Centre and Vienna Community Centre bookings June 1, 2017- December 31, 2017 are as follows: Total Community SHF Rentals Main Hall Full Other Full Rentals Partner Rentals Rate Rate VCC (#) 30 23 0 5 2 VCC ($) $3,225.00 $1,340.00 $0.00 $1,545.00 $340.00 SCC (#) 54 35 5 4 11 SCC ($) $5,715.00 $3,090.00 $0.00 $1,265.00 $1,360.00 The remainder of year bookings to date projects the Community Partner Rate will provide 'Fee Waiver' in the amount of$1,150.00 at the Vienna Community Centre and $1,750.00 at the Straffordville Community Centre. The cumulative Community Partner Rate 'Fee Waiver' is as follows: Community Partner 'Fee Waiver' Vienna Community Centre $2,650.00 Straffordville Community Centre $2,600.00 Considering the variables of the 2017 first quarter of the SCC not being rentable, the likelihood of additional bookings for the remainder of the year and historic data, for the purpose of fee modeling staff will utilize 100 total rentals/year with 20 main hall full rate rentals, with 10 rentals at each main hall rate for each facility. Monday- Thursday & Sunday Rental 10 Events Rate Reduction Over Rate Current Rate $275 $2,750 $265 $2,650 $100.00 $255 $2,550 $200.00 $245 $2,450 $300.00 $235 $2,350 $400.00 $225 $2,250 $500.00 $215 $2,150 $600.00 $205 $2,050 $700.00 $195 $1,950 $800.00 Friday & Saturday Rental 10 Events Rate Reduction Over Rate Current Rate $330 $3,300 $320 $3,200 $100.00 $310 $3,100 $200.00 $300 $3,000 $300.00 $290 $2,900 $400.00 $280 $2,800 $500.00 $270 $2,700 $600.00 $260 $2,600 $700.00 $250 $2,500 $800.00 $240 $2,400 $900.00 Utilizing the above noted model, modifying the Straffordville Community Centre rate structure would hypothetically have an annual impact of anywhere from $200 - $1,700 annually depending on the decision of Council, if any. For additional context staff would respectfully provide the following information: 1) During the Rates & Fees By-law discussion Council gave direction to keep both facilities equal in terms of rates so one facility does not undercut the other facility. Both facilities have advantages and disadvantages thus the by-law sets the rental fees as equal. 2) Council eliminated the `Financial Assistance Program' and moved to the `Community Partner Rate Reduction' model to create a rate structure that attempted to transition towards a 'User Fee' model for Community Centre rental. 3) The current Rates & Fees By-law establishes rates which are generally equal to or better than surrounding comparable rentable facilities. 4) The current rate structure contemplates generating approximately$20,000 in rental revenue between the SCC and VCC. The current model, generating roughly the same rental numbers as historically obtained is on pace to generate the same, which is the budgeted, rental revenue. 5) During the contemplation of By-law No. 2016-059 staff presented Report CAO 48/16 re Rates & Fees By-law on July 21, 2016. Appendix 'C' of Report CAO 48/16 was the proposed Rental Fee model from the Straffordville Hall Foundation. A copy of the submission is attached hereto as Appendix 'A'. In addition to eliminating fee waivers the Straffordville Hall Foundation proposed rates as follows: 2016 Straffordville Community Centre Proposed Rental Rates Rental Rate Without Kitchen Rate Main Hall —Week Day (5+hours) $300.00 Main Hall Weekend - Friday-Sunday (5+hours) $400.00 Staff provided the following commentary regarding said proposal in Report CAO 48/16: The Rates & Fees By-law did consider the rates submitted by the Straffordville Community Centre Group in January 2016, however ultimately utilized generally lesser rental values, for the fees to remain consistent and standardized between the two municipal halls. Considering the statistics to date and historic data, less than one (1) year into By-law No. 2016-059 both rental rates and rental numbers at both facilities appear on track to match or exceed historical figures and budgeted revenues. Should Council wish to revert to model which more closely aligns with the previous rates and fees by-law staff would require direction to amend By-law No. 2016-059 in the form of: AND THAT Council direct staff to bring forward a by-law for Council consideration to amend the `Schedule of Rates & Fees' —Straffordville Community Centre of By- law No. 2016-059 as follows: Schedule of Rates & Fees Rental Rate Fee HST Total Main Hall - Mon -Thurs & Sun Main Hall - Fri & Sat RECOMMENDATION 1. THAT Report CAO-40/17 re Rates & Fees Assessment be received for information; Respectfully Submitted by: Paul Shipway CAOICIerk APPENDIX'A' Rental Rates Without Kitchen With Kitchen Main Hall 5+Hrs Weekday 300 350 Weekend 400 450 (Friday-Sunday) Stag and Doe 500 550 (1000 Surety Deposit) Weddings 150 *Set up time - day before 3 hrs **Residents Save 15% off total bill if Stag and Doe and Wedding booked at same time Sunday Tenant 260 315 ( 1 year term ) (35% off) Hourly Weekday 60 110 Weekend 80 130 Kitchen Only Weekday 75 Weekend 100 Funerals and Memorial Services Non Resident 100 Resident 50 Upper Hall Room Daily Rate 100 Hourly Rate 35 Fitness Groups 20 (2-3 hours) Trackless Vehicles Lounge Daily Rate 70 Hourly Rate 25 Special Programming: Main Hall No Kitchen Fitness Groups (2-3 hours) Weekday 35 Weekend 50 Commercial Recreational Activity (2-4 hours) Weekday 85 Weekend 150 Damage Deposit *Damage deposits are formulated at 50% of total rental **Stag and Doe rentals are required to provide $1000 deposit ***Deposits will be refunded less applicable damages, if any Notes: Renters are responsible for all fire alarm response costs Kitchen facilities are available with main hall area only, separate rental of kitchen is available Renters are expected to leave the facility in the condition it was rented Cleaning Fees may be deducted from deposit if facility is left unhygenic -$AYHAdvz 40471.% REPORT 4.cv CAO 'Portunity Is�o�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 15, 2017 REPORT: CAO-41/17 SUBJECT: NOISE BY-LAW BACKGROUND On June 7, 2001 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2001-057, being the Noise By-law, a copy of which is attached hereto as Appendix 'A'. On July 19, 2001 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2001-064, a copy of which is attached hereto as Appendix `B'. On August 7, 2003 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2003-057, a copy of which is attached hereto as Appendix 'C'. DISCUSSION In the continued effort to streamline and refine the enforceability of various regulatory by-laws staff identified a specific issue with By-law No. 2001-057, as amended, being the Noise By-law. Generally a person could comply the provisions of the Noise By-law while intentionally causing disturbance to other persons. To address this issue staff, with the assistance of Legal, added Section 4.11.2 as follows: Notwithstanding the Prohibition by Time and Place set forth in subsection 4.11.1 and Table 4-1 above, no person shall make, cause, or permit emission of sound resulting from an act listed in Table 4-1 which is audible at a point of reception within the Municipality at such a volume and/or in such circumstances to annoy or disturb the peace, quiet, comfort, or repose of any individual to whom such sound was audible. Staff and Legal also identified various reference and typographical issues as follows: 1) Revise identification of existing wording under Section 4 to Subsection 4.11.1 (for consistency with other section numbering). 2) Subsection 4.11.2 requires re-identification of the table as `Table 4-1'. 3) Addition of exemptions for Discharge of Firearms (as subsection 5.11.3), Traditional, Festive, and Religious Activities (as subsection 5.11.3), and Other Activities (as subsection 5.11.5). In the event that the new exemption as subsection 5.11.4 is included, the existing section 7 would be deleted. 4) Revision of subsection 6.11.2 (a) to read 'the name and address of the applicant and the location of the event or activity for which exemption is sought'. 5) Addition of subsection 6.11.7 (Offence) to provide as follows: a. Offence - Fail to Comply with Terms and Conditions of Council Exemption Any person to whom an exemption is granted by Council pursuant to this section who subsequently fails to comply with the terms and conditions of such exemption is guilty of an offence. 6) Update the Penalty provision (Section 9) to provide as follows: a. Section 9.11.1 Any person who contravenes any provision of this bylaw is guilty of an offence and, upon conviction, is liable to any fine or other penalty provided for in the Provincial Offences Act, R.S.O. 1990. c. P. 33, as amended. b. Section 9.11.2 In the event that any person is found to have contravened this bylaw and a conviction thereby entered, the court in which the conviction was entered or any other court of competent jurisdiction, in addition to any fine or other penalty as ordered, may make another order preventing the continuation or repetition of the offence by the person so convicted. Given the extent of the revisions and the requirement to update short form wording, Legal has advised proceeding with an updated Noise By-law, attached hereto as Appendix 'D', versus further amendments. RECOMMENDATION 1. THAT Report CAO-41/17 re Noise By-law be received for information; 2. AND THAT Council direct staff to bring forward a Noise By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAIMAM BY-LAW #2001 - 57 BEING A BY-LAW TO REGULATE AND CONTROL NOISITS WHEREAS it is expedient to exercise the power conferred upon the Council by The Environmental Protection Act,R.S.O. 1990, Chapter E.19, as amended, and other statutory authority; AND WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; AND WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary or excessive sound or vibration which may degrade the quality and tranquillity of their life or cause nuisance; AND WHEREAS it is the policy of the Council to reduce and control such sound or vibration; NOW THEREFORE,the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. INTERPRETATION In this By-law, (a) "Construction" includes erection,alteration,repair, dismantling, demolition, structural maintenance, painting, moving,land clearing,earth moving, grading, excavating,the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; (b) "Construction Equipment"means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, air compressors, pile drivers,pneumatic or hydraulic tools, bulldozers, tractors, excavators,trenchers, cranes, derricks, loaders, scrapers,pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; (c) "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person; (d) "Council" means the Council of the Corporation of the Municipality of Bayham; (e) "Highway" includes a common and public highway, street, avenue, parkway, driveway, square,place,bridge, viaduct or trestle designed and intended for, or used by,the general public for the passage of vehicles; (f) "Minister" means Minister of the Environment; (g) "Ministry"means Ministry of the Environment; (h) "Motor Vehicle" includes an automobile,motorcycle, and any other vehicle propelled or driven otherwise than by muscular power;but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle,traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act; (i) "Motorized Conveyance"means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) "Municipality"means the land within the geographic limit of the Municipality of Bayham; (k) "Noise"means unwanted sound; (1) "Noise Control Officer"means the by-law enforcement officer designated by Council as responsible; (m) "Point of Reception"means any point on the premises of a person where sound or vibration originating from other than those premises is received; (n) "Premises" means building and lands appurtenant thereto. 2. ZONES In this by-law, (a) "Residential Area"means those areas zoned residential in the Corporation of the Township of Bayham Zoning By-laws; and in the Corporation of the Village of Vienna Zoning By-laws; and in the Corporation of the Village of Port Burwell Zoning By-laws, and any amendments thereto; (b) "Quiet Zone"means those areas zoned institutional in the Corporation of the Township of Bayham Zoning By-laws; and in the Corporation of the Village of Vienna Zoning By-laws; and in the Corporation of the Village of Port Burwell Zoning By-laws,and any amendments thereto; (c) "Open Space Areas"means those areas zoned open space in the Corporation of the Township of Bayham Zoning By-laws; and in the Corporation of the Village of Vienna Zoning By-laws; and in the Corporation of the Village of Port Burwell Zoning By-laws, and any amendments thereto; (d) "Business Zone"means those areas zoned business and/or commercial and/or industrial in the Corporation of the Township of Bayham Zoning By-laws; and in the Corporation of the Village of Vienna Zoning By-laws; and in the Corporation of the Village of Port Burwell Zoning By-laws, and any amendments thereto; (e) "Agricultural Zone"means those areas zoned agriculture in the Corporation of the Township of Bayham Zoning By-laws; and in the Corporation of the Village of Vienna Zoning By-laws; and in the Corporation of the Village of Port Burwell Zoning By-laws, and any amendments thereto. 3. GENERAL PROHIBITIONS No person shall emit or cause or permit the emission of sound resulting from an act listed herein,and which sound is clearly audible at a point of reception: 3.11.1 Racing of any motorized conveyance other than in a racing event regulated by law., 3.11.2 The operation of a motor vehicle in such a way that the tires squeal. 3.11.3 The operation of any combustion engine or pneumatic device without proper exhaust or intake muffling devices meeting specifications of the manufacturer in good working order and in constant operation. 3.11.4 The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance. 3.11.5 The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes,while such vehicle is stationary in a Residential Area or a Quiet Zone unless: (i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or; (ii) operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready-mixed concrete trucks, lift platforms and refuse compactors; or, (iii) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals or the preservation of perishable cargo, and the vehicle is stationary for purposes of delivery or loading; or, (iv) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or, (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like when such work is performed other than for profit, 3.11.6 The operation of a motor vehicle horn or other warning device except where required or authorized by law or in accordance with good safety practices. 3.11.7 The operation of any item of construction equipment in a Quiet Zone or Residential Area without effective muffling devices in good working order and in constant operation. 4 PROHIBITION BY TINA AND PLACE No person shall emit or permit the emission of sound resulting from an act listed in TABLE 3-1,if clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area. 5 EXEMPTION 5.11.1 Public Safety Notwithstanding any other provision of the by-law,it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken: (a) for the immediate health, safety or welfare of the inhabitants or any of them; or, (b) for the preservation or restoration of property; unless such sound or vibration is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose. 5.11.2 Agricultural Activity Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the operation of any equipment, apparatus or device used in agriculture for food crop seeding, chemical spraying or harvesting. • 6 GRANT OF EXEMPTION BY COUNCIL 6.11.1 Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he might be prosecuted and Council, by resolution, may refuse to grant any exemption or may grant the exemption applied for or any exemption of lesser effect and any exemption granted shall specify the time period,not in excess of six(6)months, during which it is effective and may contain such terms and conditions as Council sees fit. 6.11.2 Details of Application for Exemption The application mentioned in subsection 6.1 shall be made in writing, in duplicate, and shall contain: (a) the name and address of the applicant; (b) a description of the source of sound or vibration in respect of which exemption is sought; (c) a statement of the particular provision or provisions of the by-law from which exemption is sought; (d) the period of time, of a duration not in excess of six (6)months, for which the exemption is sought; (e) the reasons why the exemption should be granted; (f) a statement of the steps, if any,planned or presently being taken to bring about compliance with the by-law; and (g) proof of publication within the preceding ten(10) days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this by-law,containing the information required by clauses (a)through(e) hereof, and further stating the date upon which it is intended that application will be made to Council. 6.11.3 Noise Control Officer Council shall cause one (1) copy of the application for exemption to be delivered to the Noise Control Officer and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommendations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption is granted and Council will not consider the application for exemption until it has received the report of the Noise Control Officer. 6.11.4 Report The Noise Control Officer shall forward a copy of his report to the applicant at the address shown on the application by prepaid registered mail and shall, not sooner than two (2) weeks after the mailing of the report to the applicant, submit the report to Council and shall, on request, make his report available for public inspection. 6. 1.5 Decision In deciding whether to grant the exemption, Council shall consider the application, the report of the Noise Control Officer and any written submission then received by Council and made by the applicant after receipt of the report of the Noise Control Officer and the Council may consider such other matters as it sees fit. 6.11.6 Breach Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. 7 EXEMPTION OF TRADITIONAL, FESTIVE OR RELIGIOUS LIGIOUS ACTIVITIES Notwithstanding any other provision of this by-law, this by-law does not apply to a person who emits or causes or permits the emission of sound or vibration in connection with any of the listed traditional, festive, religious and other similar activities: (a) activities necessary for construction and maintenance of public works; (b) activities sponsored or approved by the Municipality; (c) activity or service club that is operating for fund raising purposes for community benefit as may be approved by the Municipality; (d) any parade duly authorized by Council; (e) any fireworks display duly authorized by Council; (f) any fireworks display safely detonated on private property on festive holidays such as Victoria Day (May), Canada Day(July) and New Years Eve. 8 SEVERABILTI.TY If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section ox part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 9 PENALTY 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 as provided in the Provincial Offences Act, as amended from time to time. READ a first and second time this 71-4 day of June 2001. READ a third time and finally passed this *� day of June 2001. Mayor erk THIS BY-LAW is approved pursuant to the zsi ns of the Environmental Protection Act, at Toronto Ontario this dr of AF Minister of the Environment MAY 0 9 2002 PROriIBiT;i®NS BY TIME AND PLACE TABLE 3-1 PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL AREA AREA ZONE ZONE 1. The At all times. At all times. At all times. At all times. At all times. detonation of fireworks except as noted in 7(e)&7(f), or explosive devises not used in construction. 2. The ' At all times. At all times. At all times. At all times. Not Applicable_ discharge of firearms. 3. The At all times. At all times. 9 p.m. --9 a.m. At all times. 9 p.m. —9 a.m. operation of a combustion engine which, (a) is, or, (b) is used in, or (c) is intended for use in, a toy or a model or replica of any device,which model or replica has no function other than amusement and which is not a conveyance. 4. The At all times. 11 p.m.-7 a.m. l l p.m.-7 a.m. 11 p.m.—9 a.m. 11 p.m.—7 a.m. operation of any electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electromechani cal transducers and intended for the production, reproduction or amplification of sound. PROHIBITED PERIOD OF TIME: QUIET ZONE I RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL / AREA AREA ZONE ZONE 5. The At all times. At all times. At all times. At all times. At all times. operation of any auditory signaling devices, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices. 6. The At all times. At all times. Not Midnight �At all times. operation of Applicable. 7 a.m. any powered rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned or controlled by a railway governed by the Canada Railway Act. 7. The At all times. At all times. Not At all times. Not Applicable. operation of Applicable. any motorized conveyance other than on a highway or other place intended for its operation. 8. Racing of At all times. At all times. 10 p.m.—9 a.m. At all times. Not Applicable. any motorized conveyance at a racing facility. PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS AGRICULTURAL AREA AREA ZONE ZONE 9. The At all times. At all times. At all times. At all times. At all times. venting,release or pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel,pipe, valve, machine, device or system. 10. Persistent At all times. At all times. At all times. At all times. At all times. barking,calling or whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture. 11. The At all times. At all times. 11 p.m.—7 a.m. 11 p.m.—7 a.m. Not Applicable. operation of a commercial car wash with or without air drying equipment. 12. Yelling, At all times. 11 p.m,—7 a.m. 11 p.m.-7 a.m. 11 p.m.-7 a.m. 11 p.m. —7 a.m. shouting, hooting, whistling or singing. 13. The At all times. At all times. Not At all times. Not Applicable. operation of a Applicable. power assisted hang glider or parafoil. 14. The At all times. At all times. Not Not Not Applicable. operation of Applicable. Applicable. any item of snow making equipment. 15. All selling At all times. 7 p.m.—7 a.m. Not 7 p.m.—7 a.m. 7 p.m.—7 a.m. or advertising Applicable. by shouting or outcry or amplified sound. 1 PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL 1 1 OPEN SPACE BUSINESS AGRICULTURAL ' AREA AREA ZONE ZONE 16. Loading, 11 p.m.—7 a.m. 11 p.m.—7 a.m. I Not Not 11 p.m.—7 a.m. unloading, I Applicable. Applicable. delivering, packing, unpacking,or otherwise handling any containers, products, materials,or • refuse, whatsoever, unless necessary for the maintenance of essential services. 17. The 8 p.m.—7 a.m. 8 p.m.—7 a.m. 8 p.m.—9 a.m. 8 p.m.—7 a.m. 8 p.m.—7 a.m. operation of any equipment in connection with construction. 18. The 11 p.m.—7 a.m. 11 p.m.—7 a.m. Not Not Not Applicable. operation or Applicable. Applicable. use of any tool for domestic purposes other than snow removal. 19. The 7 p.m.—7 a.m. 7 p.m.—7 a.m. Not Not Not Applicable. operation of Applicable. Applicable. solid waste bulk lift or refuse compacting equipment. of+IC(. 4 W.RIO.)411 "Ifirii q jlici):E Iv, i' .,"JU : ' +•'... .r:" rrTA ., of :„'d J..!•..1. PSP -Jrn. . c-1,i.i 1 :"' !.'n-....'I' ' : '4'.4- 4,.1 r r r a 1 •tr'H:;:`Ott:-E.tPi•Ctr;:;'".;,r6;,:—•:.':'_ !,:,.,T,,,. < .!MidOw. • ;..;i '.0010,, C..,'.•).:£_'—:.1. Yry 9 September 24, 2003 T Ms. Carol Judd, Assistant By-law Enforcement Officer i ! K' Municipality of Bayham ` ��'L _' jOS”"=. PO Box 160, 9344 Plank Road Straffordville, Ontario NOJ 1Y0 Dear Ms. Judd: Re: Set Fines -Provincial Offences Act-Part I By-law Number 2001-57 As Amended of the Municipality of Bayham Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law. Yours truly, k.,...______ Alexander M. Graham Regional Senior justice West Region Enclosures /ec ONTARIO COURT OF JUSTICE PROVINCIAL OFFENCES ACT PART I IT IS ORDERED pursuant to the provisions of the Provincial Offences Act and the rules for the Ontario Court of Justice that the amount set opposite each of the offences in the schedule of offences under the Provincial Statutes and Regulations thereunder and Municipal By-law No.2001-57 As Amended of the Municipality of Bayham, attached hereto is the set fine including costs, for those offences. This Order is to take effect September 24,2003. Dated at London this 24th day of September, 2003. Alexander M. Graham Regional Senior Justice West Region • THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2001- 57 Being a By-law to Regulate and Control Noises Amended by By-law#2001-064&By-law#2003-057 ITEM: COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence Includes Costs 1 Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00 2 Permit emission of sound caused by racing of motorized Section 3.11.1 $105.00 conveyance. 3 Emit sound caused by operation of engine without muffing Section 3.11.3 $105.00 device. 4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00 without muffing device. 5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00 6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00 7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00 more than 5 minutes. 8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $105.00 equipment for more than 5 minutes. 9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00 10 Permit emission of sound caused by horn or warning Section 3.11.6 $105.00 device. 11 Emit sound caused by construction equipment without Section 3.11.7 $105.00 muffling device. 12 Permit emission of sound caused by construction Section 3.11.7 $105.00 equipment without muffling device. 13 Emit sound caused by detonation of fireworks. Section 4 $105.00 Table 3-1 (1) 14 Permit emission of sound caused by detonation of Section 4 $105.00 fireworks. Table 3-1 (1) i • Noise Control By-law#2001-57 Municipality of Bayham Amended By By-law#2001-064&By-law#2003-057 ITEM : COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence Includes Costs 27 Emit sound caused by release of air, steam or gas. Section 4 $105.00 Table 3-1 (9) 28 Permit emission of sound caused by release of air, steam or Section 4 $105.00 gas. Table 3-1 (9) 29 Emit sound caused by domestic animals. Section 4 $105.00 Table 3-1 (10) 30 Permit emission of sound caused by domestic animals. Section 4 $105.00 Table 3-1 (10) 31 Emit sound caused by yelling or singing. Section 4 $105.00 Table 3-1 (12) 32 Permit emission of sound caused by yelling or singing. Section 4 $105.00 . r Table 3-1 (12) 33 Emit sound for selling or advertising. Section 4 $105.00 Table 3-1 (15) 34 Permit emission of sound for selling or advertising. Section 4 $105.00 Table 3-1 (15) 35 Emit sound caused by loading, unloading, of materials. Section 4 $105.00 Table 3-1 (16) 36 Permit emission of sound caused by loading, unloading of Section 4 $105.00 materials. Table 3-1 (16) 37 Emit sound caused by operation of construction equipment. Section 4 $105.00 Table 3-1 (17) 38 Permit emission of sound caused by operation of Section 4 , $105.00 construction equipment. Table 3-1 (17) 39 Emit sound caused by operation of domestic tools. Section 4 $105.00 Table 3-1 (18) 40 Permit emission of sound caused by nnPrntinn of rinmpctir. Cpr:t;nn a ttt nc nn THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2001-64 BEING A BY-LAW TO AMEND BY-LAW NO. 2001-57,A BY-LAW TO REGULATE AND CONTROL NOISES AND WHEREAS Corporation of the Municipality of Bayham did by By-law 2001-57 regulate and control noise; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend By-law No. 2001-57; NOW THEREFORE 11Th CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law 2001-57 be amended by adding the following clause: 5.11.3 Existing Gun Club Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in open space zones that allow a gun club if in those open space zones there exists a gun club as at the date of passing of this by-law. READ a first and second time this 19th day of July, 2001. READ a third time and finally passed this 19th day of July, 2001. ote MAYOR DEPUTY-CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2003-057 BEING A BY-LAW TO AMEND BY-LAW #2001-57, A BY-LAW TO REGULATE AND CONTROL NOISES AND WHEREAS Corporation of the Municipality of Bayham did by By-laws #2001-57 and#2001-64 regulate and control noise; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend By-law No. 2001-57 to provide for the issuance of set fines; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law 2001-57 be amended by adding the following clauses: 9.1 Any person who contravenes any provision of this By-law is guilty of an offence, and on conviction is liable to a fine as provided for in the Provincial Offences Act, as amended. 9.2 Each day such violation is committed, or permitted to continue, shall constitute a separate offence and may be punishable as such there under. Such fine shall be recoverable under the Provincial Offences Act. 9.3 Where a person has been convicted of an offence under this By-law, the Court may in addition to any other penalty imposed on the person convicted, issue an Order prohibiting the continuation or repetition of the offence or the doing of any act or thing by the person convicted directed towardthe continuation or repetition of the offence. 9.4 Every person who fails to comply with an Order to conform to the provisions of this By-law is guilty of an offence and is liable to prosecution and penalty pursuant to the Provincial Offence Act, as amended. Read a first, second and third time this 7th day August 2003. or: ax Y Stewart Clerk: LYeallard 1 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2001- 57 Being a By-law to Regulate and Control Noises Amended by By-law#2001-064 &By-law#2003-057 ITEM: COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence Includes Costs 1 Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00 _ 2 Permit emission of sound caused by racing of motorized Section 3.11.1 $105.00 conveyance. _ 3 Emit sound caused by operation of engine without muffing Section 3.11.3 $105.00 device. 4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00 without muffing device. 5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00 6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00 7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00 more than 5 minutes. 8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $105.00 equipment for more than 5 minutes. 9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00 10 Permit emission of sound caused by horn or warning Section 3.11.6 $105.00 device. 11 Emit sound caused by construction equipment without Section 3.11.7 $105.00 muffling device. 12 Permit emission of sound caused by construction Section 3.11.7 $105.00 equipment without muffling device. 13 Emit sound caused by detonation of fireworks. Section 4 $105.00 Table 3-1 (1) 14 Permit emission of sound caused by detonation of Section 4 $105.00 fireworks. Table 3-1 (1) 15 Emit sound caused by discharge of firearms. Section 4 $105.00 _ Table 3-1 (2) 16 Permit emission of sound caused by discharge of firearms. Section 4 $105.00 Table 3-1 (2) 17 Emit sound caused by combustion engine. Section 4 $105.00 Table 3-1 (3) _ 18 Permit emission of sound caused by combustion engine. Section 4 $105.00 Table 3-1 (3) 19 Emit sound caused by loud speakers or sound equipment. Section 4 $105.00 Table 3-1 (4) 20 Permit emission of sound caused by loud speakers or Section 4 $105.00 sound equipment. Table 3-1 (4) 21 Emit sound caused by signaling devices. Section 4 $105.00 _Table 3-1 (5) 22 Permit emission of sound caused by signaling devices. Section 4 $105.00 Table 3-1 (5) 23 Emit sound caused by motorized conveyance not on Section 4 $105.00 highway. Table 3-1 (7) 24 Permit emission of sound caused by motorized conveyance Section 4 $105.00 not on highway. Table 3-1 (7) 25 Emit sound caused by racing of motorized conveyance. Section 4 $105.00 Table 3-1 (8) 26 Permit emission of sound caused by racing of motorized Section 4 $105.00 conveyance. Table 3-1 (8) NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a certified copy of which By-law and its amendments thereto,have been filed. Noise Control By-law#2001-57 Municipality of Bayham Amended By By-law#2001-064&By-law#2003-057 ITEM: COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence Includes Costs 27 Emit sound caused by release of air, steam or gas. Section 4 $105.00 Table 3-1 (9) 28 Permit emission of sound caused by release of air, steam or Section 4 $105.00 gas. Table 3-1 (9) 29 Emit sound caused by domestic animals. Section 4 $105.00 Table 3-1 (10) 30 Permit emission of sound caused by domestic animals. Section 4 $105.00 Table 3-1 (10) 31 Emit sound caused by yelling or singing. Section 4 $105.00 Table 3-1 (12) 32 Permit emission of sound caused by yelling or singing. Section 4 $105.00 Table 3-1 (12) 33 Emit sound for selling or advertising. Section 4 $105.00 Table 3-1 (15) 34 Permit emission of sound for selling or advertising. Section 4 $105.00 Table 3-1 (15) 35 Emit sound caused by loading,unloading, of materials. Section 4 $105.00 Table 3-1 (16) 36 Permit emission of sound caused by loading,unloading of Section 4 $105.00 materials. Table 3-1 (16) 37 Emit sound caused by operation of construction equipment. Section 4 $105.00 Table 3-1 (17) 38 Permit emission of sound caused by operation of Section 4 $105.00 construction equipment. Table 3-1 (17) 39 Emit sound caused by operation of domestic tools. Section 4 $105.00 Table 3-1 (18) 40 Permit emission of sound caused by operation of domestic Section 4 $105.00 tools. Table 3-1 (18) 41 Emit sound caused by operation of bulk lift equipment. Section 4 $105.00 Table 3-1 (19) _ 42 Permit emission of sound caused by operation of bulk lift Section 4 $105.00 equipment. Table 3-1 (19) NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a certified copy of which By-law and its amendments thereto, have been filed. 2 OFFICE OF THE REGIONALSENIORJUSTICE ' CABINET DU JUGE PRINCIPAL REGIONAL ONTARIO COURT OF JUSTICE 1 � COUR DE JUSTICE DE L'ONTARIO WEST REGION r +,,.tri +, REGION DE L'OUEST COURT HOUSE " I 80 FLOOR,USTREET ET' TELEPHONE/TELEPHONE(519)660-2292 LONDON,OS STRRIO FAX/TELECOPIEUR(519)660-3138 ONTARIO N6A 663 ��- - ... _ - . September 24,2003 '" ti CGO Ms. Carol Judd, Assistant By-law Enforcement Officer Municipality of Bayham PO Box 160, 9344 Plank Road Straffordville,Ontario NOJ 1Y0 Dear Ms.Judd: Re: Set Fines -Provincial Offences Act-Part I By-law Number 2001-57 As Amended of the Municipality of Bayham Enclosed herewith is a copy of an Order,and a copy of a schedule of set fines for the above referenced By-Law, the By-law indicated in the schedule. The setting of the fines does not constitute my approval of the short form of wording used to describe the offences. I have forwarded the original of the Order and the schedule of the set fines to the Ontario Court of Justice in St.Thomas,together with a certified copy of the By-law. Yours truly, L I:+ Alexander M. Graham Regional Senior Justice West Region Enclosures /ec • THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART I Provincial Offences Act For By-Law#2001-57 Being a By-law to Regulate and Control Noises Amended by By-law#200I-064&By-Iaw#2003-057 ITEM: COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence [nehadea Costs Emit sound caused by racing of motorized conveyance. Section 3.11.1 $105.00 2 Permit emission of sound caused by racing of motorized Section 3.I 1.1 $105.00 conveyance. 3 Emit sound caused by operation ofengine without muffing Section 3.11.3 $105.00 device. 4 Permit emission of sound caused by operation of engine Section 3.11.3 $105.00 without muffing device. 5 Emit sound caused by operation of vehicle. Section 3.11.4 $105.00 6 Permit emission of sound caused by operation of vehicle. Section 3.11.4 $105.00 7 Emit sound caused by motor vehicle or equipment for Section 3.11.5 $105.00 more than 5 minutes. 8 Permit emission of sound caused by motor vehicle or Section 3.11.5 $I05.00 _equipment for more than 5 minutes. 9 Emit sound caused by horn or warning device. Section 3.11.6 $105.00 10 Permit emission of sound caused by horn or warning Section 3.11.6 $105.00 device. 11 Emit sound caused by construction equipment without Section 3.11.7 $105.00 muffling device. 12 Permit emission of sound caused by construction Section 3.11.7 $105.00 equipment without muffling device. 13 Emit sound caused by detonation of fireworks. Section 4 $105.00 Table 3-1 (1) 14 Permit emission of sound caused by detonation of Section 4 $105.00 fireworks. Table 3-1(1) 15 Emit sound caused by discharge of firearms. Section 4 $105.00 Table 3-1(2) _ 16 Permit emission of sound caused by discharge of firearms. Section 4 $105.00 Table 3-1(2) 17 Emit sound caused by combustion engine. Section 4 $105.00 Table 3-1 (3) 18 Permit emission of sound caused by combustion engine. Section 4 $105.00 _Table 3-1(3) 19 Emit sound caused by loud speakers or sound equipment. Section 4 $105.00 Table 3-1(4) _ 20 Permit emission of sound caused by loud speakers or Section 4 $105.00 sound equipment. Table 3-1(4) 21 Emit sound caused by signaling devices. Section 4 $105.00 Table 3.1(5) 22 Permit emission of sound caused by signaling devices. Section 4 $I05.00 Table 3-1(5) 23 Emit sound caused by motorized conveyance not on Section 4 $105.00 highway. Table 3-1(7) 24 Permit emission of sound caused by motorized conveyance Section 4 $105.00 not on highway. Table 3-1(7) 25 Emit sound caused by racing of motorized conveyance. Section 4 $105.00 . Table 3-1(8) 26 Permit emission of sound caused by racing of motorized Section 4 $105.00 conveyance. _Table 3-1(8) NOTE: The penalty provision for the offences indicated above is Section #9 of By-law#2001-057,a certified copy of which By-law and its amendments thereto,have been filed. Noise Control By-Iaw#2001-57 Municipality of Bayharn Amended By By-law#2001.064&By-law#2003-057 STEM: COLUMN 1: COLUMN 2: COLUMN 3: Short Form Wording Provision Creating or Set Fine Defining Offence Includes Costs 27 Emit sound caused by release of air,steam or gas. Section 4 $105.00 Table 3-1 (9) 28 Permit emission of sound caused by release of air,steam or Section 4 $105.00 gas. Table 3-1 (9) 29 Emit sound caused by domestic animals. Section 4 $I05.00 Table 3-1(10) 30 Permit emission of sound caused by domestic animals. Section 4 $105.00 Table 3-1 (10) 31 Emit sound caused by yelling or singing. Section 4 $105.00 Table 3-1(12) 32 Permit emission of sound caused by yelling or singing. Section 4 $105.00 Table 3-1(12) 33 Emit sound for selling or advertising. Section 4 $105.00 Table 3-1(15) 34 Permit emission of sound for selling or advertising. Section 4 $105.00 Table 3-1(15) 35 Emit sound caused by loading,unloading,of materials. Section 4 $105.00 _ Table3-1 (16) 36 Permit emission of sound caused by loading,unloading of Section 4 $105.00 materials. Table 3-1 (16) 37 Emit sound caused by operation of construction equipment. Section 4 $105.00 Table 3-1(17) 38 Permit emission of sound caused by operation of Section 4 , $I05.00 construction equipment. Table 3-1(17) 39 Emit sound caused by operation of domestic tools. Section 4 $105.00 Table 3-1 (18) 40 Permit emission of sound caused by operation of domestic Section 4 $105.00 tools. Table 3-1(I8) 41 Emit sound caused by operation of bulk lift equipment. Section 4 $105.00 Table 3-1 (19)_ 42 Permit emission of sound caused by operation of bulk lift Section 4 $105.00 equipment. Table 3-I(19) NOTJ: The penalty provision for the offences indicated above is Section #9 of By-law#2001-457,a certified copy of which By-law and its amendments thereto, have been filed. 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW No. 068 BEING A BY-LAW TO REGULATE AND CONTROL NOISES WHEREAS it is expedient to exercise the power conferred upon the Council by The Environmental Protection Act, R.S.O. 1990, Chapter E. 19, as amended, the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and other statutory authority; AND WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; AND WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary or excessive sound or vibration which may degrade the quality and tranquility of their life or cause nuisance; AND WHEREAS it is the policy of the Council to reduce and control such sound or vibration; NOW THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. INTERPRETATION In this By-Law, (a) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; (b) "Construction Equipment" means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; (c) "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person; (d) "Council" means the Council of the Corporation of the Municipality of Bayham; (e) "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles; (f) "Minister" means Minister of the Environment; (g) "Ministry" means Ministry of the Environment; (h) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act; (i) "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) "Municipality" means the land within the geographic limit of the Municipality of Bayham; (k) "Noise" means unwanted sound; (I) "Noise Control Officer" means the by-law enforcement officer designated by Council as responsible; (m) "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received; (n) "Premises" means building and lands appurtenant thereto. 2. ZONES In this by-law, (a) "Residential Area" means those areas zoned residential in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (b) "Quiet Zone" means those areas zoned institutional in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (c) "Open Space Areas" means those areas zoned open space in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (d) "Business Zone" means those areas zoned business and/or commercial and/or industrial in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (e) "Agricultural Zone" means those areas zoned agriculture in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto. 3. GENERAL PROHIBITIONS No person shall emit or cause or permit the emission of sound resulting from an act listed herein and which sound is clearly audible at a point of reception: 3.11.1 Racing of any motorized conveyance other than in a racing event regulated by law. 3.11.2 The operation of a motor vehicle in such a way that the tires squeal. 3.11.3 The operation of any combustion engine or pneumatic device without proper exhaust or intake muffling devices meeting specifications of the manufacturer in good working order and in constant operation. 3.11.4 The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance. 3.11.5 The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a Residential Area or a Quiet Zone unless: (i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or; (ii) operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready- mixed concrete trucks, lift platforms and refuse compactors; or; (iii) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals or the preservation of perishable cargo, and the vehicle is stationary for purposes of delivery or loading; or; (iv) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or; (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like when such work is performed other than for profit. 3.11.6 The operation of a motor vehicle horn or other warning device except where required and authorized by law or in accordance with good safety practice. 3.11.7 The operation of any item of construction equipment in a Quiet Zone or Residential Area without effective muffling devices in good working order and in constant operation. 4. PROHIBITION BY TIME AND PLACE 4.11.1 No person shall emit or permit the emission of sound resulting from an act listed in Table 4-1, if clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area. 4.11.2 Notwithstanding the Prohibition by Time and Place set forth in subsection 4.11.1 and Table 4-1 as referred to above, no person shall make, cause, or permit emission of sound resulting from an act listed in Table 4-1 which is audible at a point of reception within the Municipality at such a volume and/or in such circumstances to annoy or disturb the peace, quiet, comfort, or repose of any individual to whom such sound is or was audible. 5. EXEMPTION 5.11.1 Public Safety Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken: (a) for the immediate health, safety or welfare of the inhabitants or any of them: or; (b) for the preservation or restoration of property, unless such sound or vibration is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose. 5.11.2 Agricultural Activity Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the operation of any equipment, apparatus or device used in agriculture for food crop seeding, chemical spraying or harvesting. 5.11.3 Discharge of Firearms Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Open Space Areas that allow a gun club if in those Open Space Areas there exists a gun club as at the date of passing of this by-law. Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Agricultural Areas. 5.11.4 Traditional, Festive, or Religious Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with any of the listed traditional, festive, religious and other similar activities: (a) Activity or service club that is operating for fund raising purposes for community benefit as may be approved by Council; (b) Any parade duly authorized by Council; (c) Any fireworks display duly authorized by Council; (d) Any fireworks display safely detonated on private property on festive holidays such as Victoria Day (May), Canada Day (July), and New Year's Eve (December/ January); (e) Other activities sponsored or approved by the Municipality. 5.11.5 Other Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with the following activities: (a) That necessary for construction and maintenance of municipal public works at any time; (b) Operation of machinery by or on behalf of a public utility where work needs to be done to minimize service interruptions; (c) The operation of any Construction Equipment in connection with construction between the hours of 7am to 8pm; (d) The operation of any equipment for domestic purposes other than snow removal between the hours of 7am to 11 pm in Residential Areas; (e) The operation of solid waste bulk lift or refuse compacting equipment between the hours of 7am and 7pm in Residential Areas. 6. GRANT OF EXEMPTION BY COUNCIL 6.11.1 Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he/she might be prosecuted and Council, by resolution, may refuse to grant any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as Council sees fit. 6.11.2 Detail of Application for Exemption The application mentioned in subsection 6.11.1 shall be made in writing, in duplicate, and shall contain; (a) the name and address of the applicant and the location of the event or activity for which exemption is sought; (b) a description of the source of sound or vibration in respect of which exemption is sought; (c) a statement of the particular provision or provision of the by-law from which exemption is sought; (d) the period of time, of a duration not in excess of six (6) months, for which the exemption is sought; (e) the reasons why the exemption should be granted; (f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law; and (g) proof of publication within the preceding ten (10) days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this by-law, containing the information required by clauses (a) through (e) hereof, and further stating the date upon which it is intended that application will be made to Council. 6.11.3 Noise Control Officer Council shall cause one (1) copy of the application for exemption to be delivered to the Noise Control Officer and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommendations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption is granted and Council will not consider the application for exemption until it has received the report of the Noise Control Officer. 6.11.4 Report The Noise Control Officer shall forward a copy of his report to the applicant at the address shown on the application by prepaid registered mail and shall, no sooner than two (2) weeks after the mailing of the report to the applicant, submit the report to Council and shall, on request, make his report available for public inspection. 6.11.5 Decision In deciding whether to grant the exemption, Council shall consider the application, the report of the Noise Control Officer and any written submission then received by Council and made by the applicant after receipt of the report of the Noise Control Officer and the Council may consider such other matters as it sees fit. 6.11.6 Breach I Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. 6.11.7 Offence — Fail to Comply with Terms and Conditions of Council Exemption Any person to whom an exemption is granted by Council pursuant to this section who subsequently fails to comply with the terms and conditions of such exemption is guilty of an offence. 7. SEVERABILITY 7.11.1 If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 8. PENALTY 8.11.1 Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to any fine or other penalty provided for in the Provincial Offences Act, R.S.O. c. P. 33, as amended. 8.11.2 In the event that any person is found to have contravened this by-law and a conviction thereby entered, the court in which the conviction was entered or any other court of competent jurisdiction, in addition to any fine or other penalty as ordered, may make another order preventing the continuation or repetition of the offence by the person so convicted. 9. ADMINISTRATION 9.11.1 By-Law 2001-057, as amended shall be repealed in their entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2017. Mayor Clerk PROHIBITIONS BY TIME AND PLACE TABLE 4-1 PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS ZONE AGRICULTURAL AREA AREA ZONE 1. The detonation of fireworks At all times At all times At all times At all times At all times except as noted or explosive devices not used in construction 2. The discharge of firearms. At all times At all times At all times At all times Not Applicable 3. The operation of a combustion At all times At all times 9pm — 9am At all times 9pm —9am engine which, (a) is, or; (b) is used in, or (c) is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. 4. The operation of any electronic At all times 11pm —7am 11pm —7am 11pm — 9am 11pm — 7am device or group of connected electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro- mechanical transducers and intended for the production, reproduction or amplification of sound. 5. The operation of any auditory At all times At all times At all times At all times At all times signaling devices, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices. 6. The operation of any powered At all times At all times Not applicable Midnight— 7am At all times rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned by a railway governed by the Canada Railway Act. 7. The operation of any motorized At all times At all times Not applicable At all times Not applicable conveyance other than on a highway or other place intended for its operation. 8. Racing of any motorized At all times At all times 10pm — 9am At all times Not applicable conveyance at a racing facility. 9. The venting, release or At all times At all times At all times At all times At all times pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel, pipe, valve, machine, device or system. 10. Persistent barking, calling or At all times At all times At all times At all times At all times whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture. 11. The operation of a commercial At all times At all times 11pm —7am 11pm —7am Not Applicable car wash with or without air drying equipment. 12. Yelling, shouting, hooting, At all times 11pm — 7am 11pm —7am 11pm —7am 11pm — 7am whistling or singing. 13. The operation of a power At all times At all times Not applicable At all times Notapplicable assisted hang glider or parafoil. 14. The operation of any item of At all times At all times Not applicable Not applicable Not applicable snow making equipment. 1 15. All selling or advertising by At all times 7pm —7am Not applicable 7pm — 7am 7pm —7am shouting or outcry or amplified sound. 16. Loading, unloading, delivering, 11pm —7am 11pm — 7am Not applicable Not applicable 11pm — 7am packing, unpacking, or otherwise '•rte handling any containers, products, \ow materials, or refuse, whatsoever, unless necessary for the maintenance of essential services. 17. The operation of any 8pm — 7am 8pm —7am 8pm — 9am 8pm — 7am 8pm —7am equipment in connection with construction. 11pm —7am 11pm — 7am Not applicable Not applicable Not applicable 18. The operation or use of any tool for domestic purposes other than snow removal. 19. The operation of solid waste 7pm — 7am 7pm —7am Not applicable Not applicable Not applicable bulk lift or refuse compacting equipment -$AYHAdvz • REPORT 4.cv CAO 4wPortunity Is..io�► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 15, 2017 REPORT: CAO-42/17 SUBJECT: CANADA-EUROPEAN UNION (EU) COMPREHENSIVE ECONOMIC AND TRADE AGREEMENT (CETA) - CANADIAN FREE TRADE AGREEMENT (CFTA) BACKGROUND The Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) is expected to take effect in the summer of 2017 and the Canadian Free Trade Agreement (CFTA) will be in force on July 1, 2017. The goal of the trade agreements is to open markets and allow public sector organizations better access to skilled and qualified suppliers across the province, country, and globe. DISCUSSION Municipalities are covered entities under these agreements, and are expected to comply with the rules in the agreements for them. The two agreements, CETA and the CFTA contain procurement rules. These new procurement rules include: • Collection and Reporting of Procurement Statistics — promoting transparency by collecting and reporting on the number and value of procurements conducted by an organization • Procurement Practices — revised and/or expanded rules and procedures around bid posting periods, evaluation criteria, posting of contract award information and vendor debriefings • Bid Dispute — establishing a timely, impartial administrative procedure for suppliers to challenge a procurement they feel was not conducted in accordance to the procurement rules set out in an applicable trade agreement By-law No. 2015-030, the Procurement By-law provides compliance with the Procurement Practices and Bid Dispute provisions of the agreements. The Collection and Reporting of Procurement Statistics thresholds for the agreements are as follows: CETA's PROCUREMENT THRESHOLDS Procurement Type Ministries and Provincial Agencies Municipalities, school boards most Provincial — commercial/ and publicly-funded academic, Agencies industrial health and social services Goods $340,615 $604,700 $340,615 Services $340,615 $604,700 $340,615 Construction $8,500,000 $8,500,000 $8,500,000 CFTA's Procurement Thresholds Procurement Type Ministries and Provincial Agencies Municipalities, school boards most Provincial — commercial/ and publicly-funded academic, Agencies industrial health and social services Goods $25,000 $500,000 $100,000 Services $100,000 $500,000 $100,000 Construction $100,000 $5,000,000 $250,000 — SO , What do I collect? For what period? When do I file? I CETA: Number and value of 1 years' worth Up to 2 years after contracts by goods, services, or construction CFTA: Number and value of 1 years' worth Following year contracts by goods, services, or construction The Municipality will not frequently surpass the thresholds for reporting. If the Municipality does the service, good or construction will be approved by By-law and/or Agreement. To automate the reporting process staff have incorporated metadata into Laserfiche templates to ensure any reporting statistics are documented at time of passing and may be submitted with minimal impact on operations. RECOMMENDATION 1. THAT Report CAO-42/17 re Canada-European Union (EU) Comprehensive Economic and Trade Agreement (CETA) - Canadian Free Trade Agreement (CFTA) be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk INNYHA • REPORT CAO °l'tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: June 15, 2017 REPORT: CAO-43/17 SUBJECT: EXTERIOR PATHS OF TRAVEL — REST AREA CONSULTATION BACKGROUND The Integrated Accessibility Standard Regulation (0. Reg 191/11) requires that municipalities consult the public, people with disabilities and an accessibility advisory committee, where one exists concerning exterior paths of travel and rest areas. Elgin County has a joint accessibility advisory committee with Central Elgin only due to population size. No other local municipality has a population exceeding 10,000. In an effort to utilize shared services for the purpose of exterior paths of travel — rest area consultation was conducted by the Elgin County Accessibility Coordinator. DISCUSSION The proposed Exterior Paths of Travel — Rest Area document is attached hereto as Appendix 'A'. Feedback from the Joint Accessibility Advisory Committee meeting was incorporated into the document, which was sent to local municipalities for staff review. The Elgin County Accessibility Coordinator presented the finalized document to the Joint Accessibility Advisory Committee on May 31, 2017. RECOMMENDATION 1. THAT Report CAO-43/17 re Exterior Paths of Travel — Rest Area Consultation be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to utilize the Exterior Paths of Travel — Rest Area Consultation document, attached hereto as Appendix 'A' when building new, or redeveloping exterior paths of travel — rest areas. Respectfully Submitted by: Paul Shipway CAOICIerk Exterior Paths of Travel — Rest Areas Background The Integrated Accessibility Standards Regulation requires municipalities to consult the public, people with disabilities and their municipal accessibility advisory committee on the design and placement of rest areas along exterior paths of travel. This applies to new or redeveloped existing exterior paths of travel that the Municipality intends to maintain. Rest areas are convenient places for people who might have difficulty with standing or walking for extended periods of time a place to stop and rest. Application Rest areas are to be provided on exterior paths of travel in downtown urban areas, where space is available that doesn't impede on existing roadways, businesses or private property. Additionally, rest areas are to be provided on exterior paths of travel in tourism areas and other high foot traffic areas that the municipality deems appropriate. Rest areas in downtown urban areas are to be placed at a distance of up to 250 m, or a minimum of one on either side of the street. Note— it is at the municipality's discretion to define: downtown urban areas, tourism areas and other high foot traffic areas. Design Benches are to be incorporated into the rest area design where possible and at the discretion of the Municipality. Benches shall: have a seat height between 450 mm (17 %") and 500 mm (19 5/8"); Have arm and back rests; and, Be of contrasting colour to their background. Rest areas shall: Be adjacent and away from the accessible path of travel; Ensure ground surfaces are firm, stable and slip resistant; Ensure colour contrast strips to distinguish the path of travel from the rest area itself; and, Provide a clear space of 3353 mm (132") wide by 1525 mm (60") deep. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-061 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE CENTRE STREET NORTH MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Part Lot 13, Concession 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 213217, prepared by Spriet Associates, dated April 27, 2017, which is attached hereto as Schedule "A", and forms part of this By-Law. AND WHEREAS the estimated total cost of constructing the drainage work is $92,600.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 213217, dated April 27, 2017 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$92,600.00 being the amount necessary for construction of the drainage works. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by a chartered bank of Canada. By-law No. 2017-061 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $46,938.00 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $250.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Centre Street North Municipal Drain". READ A FIRST AND SECOND TIME this 15th day of June, 2017 and provisionally adopted this 15th day of June, 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2017-061 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on July 6, 2017 at 6:05 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-062 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE SPROUL DRAIN BRANCH 'A' EXTENSION WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Part Lots 2 to 4, Concession 3, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 215156 prepared by Spriet Associates, dated May 19, 2017, which is attached hereto as Schedule "A", and forms part of this By-Law. AND WHEREAS the estimated total cost of constructing the drainage work is $30,000.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 215156, dated May 19, 2017 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$30,000.00 being the amount necessary for construction of the drainage works. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by a chartered bank of Canada. By-law No. 2017-062 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of $0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $250.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Wellington Street Municipal Drain". READ A FIRST AND SECOND TIME this 1st day of June, 2017 and provisionally adopted this 1st day of June, 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2017-062 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on July 6, 2017 at 6:10 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-063 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE FIREHALL NO. 1 MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts Lot 10, Concession 1, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 213206, prepared by Spriet Associates, dated May 26, 2017, which is attached hereto as Schedule "A", and forms part of this By-Law. AND WHEREAS the estimated total cost of constructing the drainage work is $78,300.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No. 213206, dated May 26, 2017 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$78,300.00 being the amount necessary for construction of the drainage works. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at a rate not higher than the rate charged by a chartered bank of Canada. By-law No. 2017-063 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$54151.00 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $250.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Firehall No. 1 Municipal Drain". READ A FIRST AND SECOND TIME this 1st day of June, 2017 and provisionally adopted this 1st day of June, 2017. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2017-063 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on July 6, 2017 at 6:15 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-064 A BY-LAW TO AUTHORIZE THE BORROWING UPON DEBENTURES IN THE AMOUNT OF $501,429.72 FOR THE PURPOSES OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 401 (1) of the Municipality Act, 2001, S.O. 2001, c. 25, as amended provides that a municipality may incur a debt for municipal purposes, whether by borrowing money or in any other way, and may issue debentures and prescribed financial instruments and enter prescribed financial agreements for or in relation to the debt; ANDWHEREAS Section 11(2) of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that a lower tier municipality may pass by-laws respecting the matter of protection to persons and property; AND WHEREAS said approval included a financing plan for the project, which provided that a portion of the financing should be long term debt; AND WHEREAS before authorizing the project, the Municipality of Bayham had its Treasurer update its most recent annual debt and financial obligation limit received from the Ministry of Municipal Affairs and Housing in accordance with the applicable regulation and, prior to authorizing the project, the Treasurer determined that the estimated annual amount payable in respect of the project, would not cause the Municipality to exceed the updated limit and that the approval of the project, by the Ontario Municipal Board was not required; AND WHEREAS the Council of Municipality of Bayham desires to enter into a financial arrangement, with the Royal Bank of Canada for a five year term loan in the amount of $501,429.72, at a rate of interest of 2.75%. THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and the Treasurer are hereby authorized to execute the financial arrangements with the Royal Bank of Canada, on behalf of the Municipality. 2. THAT the proceeds realized in respect of the long term loan shall be applied to the costs incurred for Port Burwell Fire Hall Replacement Project. 3. THAT the Treasurer is authorized to make the annual principal and interest payments outlined in Schedule "A" to satisfy the requirements of the long term loan arrangement with The Royal Bank of Canada. 4. THAT this By-law takes effect on the day of passing. READ A FIRST, SECOND TIME AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-064 SCHEDULE "A" Debenture - Port Burwell Fire Hall Replacement Debenture Amount $501,429.72 Interest Rate 2.75% Term in Years 10 Payment Amount $65,000.00 Maximum Payout $567,504.31 BEGIN ENDING YEAR BALANCE PRINCIPAL INTEREST PAYMENT BALANCE 1/1/2018 501,429.72 25,605.34 6,894.66 32,500.00 475,824.38 1/7/2018 475,824.38 25,957.41 6,542.59 32,500.00 449,866.97 1/1/2019 449,866.97 26,314.33 6,185.67 32,500.00 423,552.64 1/7/2019 423,552.64 26,676.15 5,823.85 32,500.00 396,876.49 1/1/2020 396,876.49 27,042.95 5,457.05 32,500.00 369,833.54 1/7/2020 369,833.54 27,414.79 5,085.21 32,500.00 342,418.75 1/1/2021 342,418.75 27,791.74 4,708.26 32,500.00 314,627.01 1/7/2021 314,627.01 28,173.88 4,326.12 32,500.00 286,453.13 1/1/2022 286,453.13 28,561.27 3,938.73 32,500.00 257,891.86 1/7/2022 257,891.86 28,953.99 3,546.01 32,500.00 228,937.87 228,937.87 29,352.10 3,147.90 32,500.00 199,585.77 1/7/2023 199,585.77 29,755.70 2,744.30 32,500.00 169,830.07 1/1/2024 169,830.07 30,164.84 2,335.16 32,500.00 139,665.23 1/7/2024 139,665.23 30,579.60 1,920.40 32,500.00 109,085.63 1/1/2025 109,085.63 31,000.07 1,499.93 32,500.00 78,085.56 1/7/2025 78,085.56 31,426.32 1,073.68 32,500.00 46,659.24 1/1/2026 46,659.24 31,858.44 641.56 32,500.00 14,800.80 1/7/2026 14,800.80 14,800.80 203.51 15,004.31 0.00 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-065 BEING A BY-LAW TO AUTHORIZE THE EXECUTION OF A SITE PLAN AGREEMENT BETWEEN GRAHAM ESTATES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 41 of the Planning Act, R.S.O. 1990, c. 13, as amended, provides, in part, that, where in an Official Plan an area is shown or described as a proposed site plan control area, the Council of the local municipality in which the proposed area is situate may, by by-law, designate the whole or any part of such area as a site plan control area; AND WHEREAS the Municipality of Bayham has enacted a Site Plan Control Area By-law 2016-047 pursuant to Section 41 of the said Planning Act. AND WHEREAS Section 41 of the said Planning Act, as cited above, provides that no person shall undertake any development in an area designated as subject to site plan control pursuant to a by-law enacted under that section without first having received approval, as the Council may determine, of the following: 1. Plans showing the location of all buildings and structures to be erected and showing the location of all facilities and works to be provided in conjunction therewith and of all facilities and works required under clause (7) (a). AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to enter into a Site Plan agreement with Graham Estates Inc. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and they are hereby authorized and directed to execute the Site Plan Agreement between The Corporation of the Municipality of Bayham and Graham Estates Inc. affixed hereto and forming part of this By-law as Schedule "A". 2. THAT the executed agreement be registered at the owner's expense against the land to which it applies under the Land Titles Registry Elgin # 11. READ A FIRST AND SECOND TIME this 15th day of June 2017. READ A THIRD TIME AND FINALLY PASSED this 15th day of June 2017. MAYOR CLERK 1 SCHEDULE 'A' TO BY-LAW NO. 2017-065 SITE PLAN CONTROL AGREEMENT GRAHAM ESTATES INC. AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM North Part Lot 17 Concession 10, Municipality of Bayham 2 This Agreement made in duplicate this 15th day of June 2017. BETWEEN: GRAHAM ESTATES INC. (hereinafter the "Owner") Of the First Part AND: THE CORPORATION OF THE MUNICIPALITY OF BAYHAM (hereinafter the "Municipality") Of the Second Part WHEREAS the Owner is the owner in fee simple of the land situate in the Municipality of Bayham in the County of Elgin and Province of Ontario, being North Part of Lot 17, Concession 10 therein, and more particularly identified and depicted in Attachment "A" attached hereto (and hereinafter referred to as the "Lands" ); AND WHEREAS, in effect, the Official Plan of the Municipality of Bayham designates the entirety of the Municipality as a site plan control area; AND WHEREAS the Owner intends to develop the lands in accordance with a Site Plan attached and marked as Attachment "A" hereto (and hereinafter referred to as the "Plan"); AND WHEREAS the Municipality, as a condition of approval of proposed development of the Lands requires the Owner to enter into a Site Plan Control Agreement as contemplated by By- Law No. 2016-047, being the Site Plan Control By-Law enacted by the Council for the Municipality; NOW THEREFORE, in consideration of good and valuable consideration exchanged herein and, further thereto, the sum of two dollars ($2.00) of lawful money of Canada now paid by each party to the other, the receipt and sufficiency of which consideration is hereby acknowledged, the Owner and Municipality hereby covenant and agree as follows: 1. The Owner agrees that no building permit will be available for the development of the Lands until the Plan has been approved by the Municipality and registered and further 3 agrees that work in relation to such development will not commence prior to the issuance of a building permit. 2. The Attachments hereto and as described below, attached and verified by the signatures of the Parties hereto, are incorporated in and form part of this Agreement: Attachment "A" — Lands/Site Plan, Attachment "B" —Site Servicing Plan, and Attachment "C" —Certificate of Compliance. 3. The Parties agree and acknowledge that Attachment "A" (Lands/Site Plan) hereto identifies the Lands which are subject to this Agreement and, furthermore, depicts and details the Plan for development of the Lands, including but not limited to; (a) The location and height of all buildings and structures to be erected; (b) The location of vehicular entrances and exits; (c) The location and provision of off-Street vehicular loading and parking facilities, including driveways for emergency vehicles; (d) Walkways and all other means of pedestrian access; (e) The location and provision of fences, trees and all ground cover or facilities for landscaping the Lands and protecting the adjoining lands and, furthermore, depicts the lighting, including flood lighting, of the Lands and any building or structure to be erected thereon; (f) The location and provision for the collection and storage of garbage and other waste materials. 4. The Owner agrees and covenants that the Lands will be developed, including but not limited to any building or structure that is to be erected thereon, in strict accordance with the Plan depicted on Attachment "A" hereto, subject only to such changes receiving prior approval from the Municipality. 5. The Parties agree and acknowledge that Attachment "B" ("Site Servicing Plan") hereto depicts and details proposed site servicing facilities for development of the Lands, including but not limited to; (a) Lot grading information, indicating overland flow to and from adjacent properties, collection and disposal of surface water and storm water management (if deemed necessary by the Municipality); (b) Location of utilities within the road allowance and site connections to these utilities; (c) Building finished floor elevations; (d) Other information as required by the Municipality. 4 6. The Owner agrees and covenants that the site development and servicing upon the Lands will be in strict accordance with the Plans depicted on Attachment "B" hereto, subject only to such changes receiving prior approval from the Municipality. 7. The Owner further agrees that: (a) Final grades and elevations will be established to the satisfaction of the Municipality. The Owner will provide proof of final grades and elevations certified by a professional land surveyor or civil engineer prior to consideration of any request for final release of any security held by the Municipality relative to the proposed development of the Lands. (b) All necessary provisions for service connections on-site will be made to the satisfaction of the Municipality. (c) Construction work will be carried out expeditiously, in good and work-man-like manner, in accordance with good trade practices, and, at all times, so as to minimize nuisance. (d) All necessary precautions to avoid dust, noise and other nuisances and to provide for public safety will, so far as possible, be undertaken so as to achieve compliance with all federal, provincial, or other municipal regulations or standards. (e) All necessary care will be taken to see that mud and soil is not tracked or spilled onto any public street and, where such tracking occurs, the street shall be cleaned at the end of each working day. (f) Garbage disposal facilities will be of an enclosed type located and depicted on the Site Plan as attached as Attachment "A" hereto, at all times designed in a manner satisfactory to the Municipality. (g) Unless otherwise provided, all parking lots and walkways will be finished with hot-mix asphalt, concrete or paving stones to the satisfaction of the Municipality and have permanent bumper curbing along all parking areas that abut the limits of the Lands. (h) No topsoil shall be stockpiled on any other portion of the Lands except those lands identified for that purpose in Attachment "A" to this Agreement; provided that all topsoil shall be stockpiled and maintained in a manner which allows for the maintenance of weeds and other noxious plants; and the Municipality may at all times enter the Lands for purposes of inspection of such stockpiling of topsoil and, if necessary, for purposes of maintenance of weeds, the cost of which shall be borne by the Owner and collected either in like manner as municipal taxes or from any security held by the Municipality to ensure performance of all obligations by the Owner in respect of the development of the Lands. (i) Stockpiling of snow will not be allowed on the Lands where it will constitute a hazard as determined by the Municipality. 5 (j) The electrical servicing of the Lands shall be subject to the approval of Hydro One, or any successor utility thereto. (k) During the period of development of the Lands as contemplated by this Agreement, if the Owner fails to take any act required for public safety or convenience, as determined by the Municipality, and upon seven (7) days written notice, the Municipality, in addition to any other remedy at law, may enter upon the Lands and undertake any and all works to correct such failure and thereby reinstate such element of public safety or convenience, the cost of which municipal work shall be borne by the Owner and collected in like manner either as municipal taxes or from any security held by the Municipality to ensure performance of all obligations of the Owner hereunder. (I) The Municipality is at liberty to consider any breach of this Agreement as a violation of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality of Bayham, and Section 41 of the Planning Act, R.S.O. 1990, c. P. 13, as amended, thereby constituting an offence pursuant to section 67 of the said Act and, further, entitling the Municipality to seek any manner of remedy or relief as based thereon, including but not limited to the issuance of a stop work order and/or injunction to restrain continuation of such breach. (m)Nothing in this Agreement constitutes a waiver of the duty of the Owner to comply with any other by-law of the Municipality or any other law, whether federal or provincial in nature. 8. The Owner shall be responsible for consulting with Hydro One, or any successor utility thereto, regarding any matters which relate to utility services provided by Hydro One. 9. The Owner shall be responsible for consulting with and obtaining any necessary approval from any and all regulatory body having an interest in or jurisdiction over the development of the Lands, including but not limited to the Ministry of Transportation, Long Point Region Conservation Authority and the Ministry of the Environment & Climate Change. 10. The Owner shall satisfy all requirements in relation to fire protection for the building or buildings or structure or structures to be erected upon the Lands to the satisfaction of the Fire Chief for the Municipality of Bayham. 11. The Owner agrees to pay for damages to public property, including but not limited to any municipal drain, ditch, street surface, or storm and sanitary sewer systems, which may occur during the development of the Lands as contemplated by this Agreement. In the event that the Owner shall fail to repair any such damage within thirty (30) days of occurrence, the Municipality may enter upon the Lands and effect such repair at the sole risk and expense of the Owner. 12. The Owner agrees that any and all lighting required for the development of the Lands in accordance with this Agreement shall be installed and maintained so as not to interfere with the use or enjoyment of adjacent properties or with the safe flow of traffic on 6 abutting or adjacent streets, the determination of which interference shall be in the sole discretion and opinion of the Municipality. 13. The Owner shall landscape and maintain plants and groundcover upon the Lands and in strict accordance with the Plans and at all times to a standard acceptable to the Municipality. 14. If the Ontario Building Code requires that an Architect or Professional Engineer, or both, shall be responsible for the field review of any new building or structure or extension thereof as contemplated by this Agreement, then the Owner shall not occupy or use or permit occupation or use of, any such building or structure or extension thereof until after an Architect or Professional Engineer has delivered approval thereof to the Municipality by a letter addressed to the Municipality and signed by the said Architect or Professional Engineer and certifying that all construction and/or services on or in the Lands, including any such building or structure or extension thereof thereon as required for the development or redevelopment of the Lands have been installed and/or constructed in a manner satisfactory to the Architect or Professional Engineer. 15. The Municipality, through its servants, officers, and agents, including its Chief Building Official, Fire Chief, and Municipal Engineer, may, from time to time and any time, enter upon the Lands and/or any building or structure being erected thereon to inspect; (a) the progress of the development upon the Lands; (b) the state of maintenance as required by this Agreement; (c) compliance with any and all laws, whether Federal, Provincial, or Municipal, including any and all by-laws for the Municipality and more particularly including By-Law No. 2016-047 as Site Plan Control By-Law; and, (d) compliance with this Agreement. 16. In the event of any servant, officer, or agent of the Municipality determining, upon inspection of the Lands and any building or structure erected thereon, that the development is not proceeding in strict accordance with the Plan, and specifications filed, that servant, officer, or agent shall forthwith place a notice requiring all work upon the Lands to be stopped and, furthermore, forward, by registered mail, a copy of such notice to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency in relation to which that notice relates or, alternatively, appeal to the Council of the Municipality of Bayham as hereinafter provided. 17. In the event of any servant, officer, or agent of the Municipality, having inspected the Lands or any building or structure being erected thereon in accordance with this Agreement, be of the opinion that the state of maintenance of such Lands, building, or structure is unsatisfactory, such servant, officer, or agent shall forthwith forward a notice detailing the particulars of such opinion and the basis therefor, by registered mail, to the Owner at his, her, or its last known address and the Owner shall forthwith correct the deficiency giving rise to that opinion of unsatisfactory maintenance or, alternatively, appeal such opinion and the need for correction to the Council of the Municipality of Bayham as hereinafter provided. 7 18. In the event that the Owner should disagree with the opinion of the servant, officer, or agent of the Municipality as to the state of compliance and/or maintenance, such Owner shall appear before the Council of the Municipality of Bayham, which Council, after hearing the details of the alleged deficiency and hearing the response of the Owner, shall express its opinion as to whether the maintenance of the lands, building, or structure is satisfactory and which decision shall constitute a final determination of the issue. 19. In the event that the Owner shall fail to obey a stop work order issued pursuant to section 16 above, the Owner acknowledges and recognizes the right of the Municipality to apply to a Court of competent jurisdiction in the Province of Ontario for appropriate relief, including but not limited to an injunction restraining continuation of work upon the Lands. 20. In the event that an Owner shall fail to correct a deficiency after notice is given pursuant to sections 16 or 17 above and which notice the Council of the Municipality of Bayham subsequently determines is correct in accordance with section 19 above, the Council of the Municipality of Bayham may by by-law direct, on default of the matter or thing being done by the Owner and after two (2) weeks written notice to the Owner as delivered by registered mail to the last known address of the Owner, that such matter or thing be done by or on behalf of the Municipality, at the expense of the Owner, which expense may be recoverable by action, as municipal taxes, or as drawn from and paid by any security deposit with the Municipality as security for full performance of all obligations by the Owner in respect of the development contemplated by this Agreement. 21. The Owner further acknowledges that any contravention of any provision of this Agreement will constitute a contravention of By-Law No. 2016-047 for the Municipality of Bayham, being the Site Plan Control By-Law, as enacted pursuant to section 41 of the Planning Act, R.S.O. 1990, c. P.13, as amended, and, among other methods of remedy or relief, is subject to prosecution and penalty as provided for in section 67 of such Act. 22. Unless otherwise authorized, in the event that the Owner wishes to revise the development as described in and depicted in Attachments "A" and/or "B" attached, he, she, or it shall make application to the Council of the Municipality of Bayham for reconsideration and approval and, furthermore, the Owner agrees that construction shall not proceed so as to implement any such revision until approval is given by such Council or, alternatively and on appeal, the Ontario Municipal Board pursuant to the procedure set forth in section 41 of the Planning Act, RSO 1990, c. P.13, as amended. 23. The Owner agrees to pay to the Municipality all administration costs incurred in connection with the preparation and/or implementation of this Agreement, including all legal, engineering, and inspection costs. 24. Upon execution of this Agreement and as contribution to capital charges, the Owner shall pay to the Municipality, in cash or by certified cheque, the amount of ZERO Dollars and Cents ($ ). 8 25. Upon execution of this agreement and as contribution to Site Plan Review expenses, the Owner shall pay to the Municipality, in cash or certified cheque, the amount of Two Hundred Fifty Dollars and Zero Cents ($250.00). 26. Before commencing any of the work contemplated herein, the Owner shall supply the Municipality with a Liability Insurance Policy, or acceptable proof thereof, providing coverage to a minimum amount of$2,000,000 per occurrence, and in a form satisfactory to the Municipality, thereby indemnifying the Municipality from any loss arising from claims for damages, injury, or otherwise, in connection with the work to be undertaken upon the Lands and for which approval contemplated by this Agreement is granted. The said policy of insurance shall be provided at the time of execution of this Agreement and shall remain in force until the development contemplated herein is complete and all required documentation in evidence thereof has been filed with the Municipality. 27. The Owner hereby identifies the intended completion date for the development contemplated by this Agreement as on or before June 15, 2018. The Parties agree that it is a responsibility of the Owner to arrange for completion of the development contemplated by this Agreement on or before such date and, furthermore, to apply for any extension of and from such date by no later than sixty (60) days prior to such intended completion date. 28.As security for the performance and completion of all works required by this Agreement, the Owner shall provide the Municipality with a Letter of Credit, in the amount of NIL Dollars and Cents ($ ). The said Letter of Credit will be based on the estimated cost of alterations to public property, roadways, curbs and gutters and drains, and any repairs for damages to public property, roadways, curbs and gutters and drains, plus all site- specific components as identified by the Site Plan and Site Servicing Plan, attached as Attachments "A" and "B", which are approved under this Agreement. The amount of the Letter of Credit shall be established by the Municipality. The irrevocable Letter of Credit will be issued by a Chartered Bank or other institution acceptable to the Municipality and provide specific reference to this Agreement and provide for the value thereof to be payable to the Municipality at any time or, in part, from time to time, upon written notice from the Municipality. The Letter of Credit shall be provided by the Owner to the Municipality at the time of execution of this Agreement and shall remain in force, until twelve (12) months after completion of the development contemplated by this Agreement, including but not limited to production of all documentation required for evidence of such due and proper completion of the Development. 29. This Agreement and the provisions thereof do not grant to the Owner, or any person acquiring any interest in the said Lands, any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of his, her, or its obligations under this Agreement or any negligence on the part of the Owner in relation to the Performance of any obligations required by this Agreement. 30. In the event that construction on the Lands has not commenced within the one (1) year from the date of registration of this Agreement against title to the Lands, the Municipality may, at its option and on one (1) month written notice to the Owner, declare this agreement to be terminated, subject to renegotiation at the option of the Municipality. In the event that the Agreement is terminated as set forth above, the Owner agrees that 9 construction on the Lands as contemplated by this Agreement will not be commenced or continued until such time as the terms of this Agreement, at the option of the Municipality, have been renegotiated. 31. Following completion of the development of the Lands in accordance with the Plans contemplated by this Agreement and attached as Attachments "A" and "B" hereto, the Owner shall prepare, sign, and deliver to the Municipality a Certificate of Compliance in the form and of the content set forth in Attachment "C" hereto, by which Certificate the Owner shall confirm that all elements of this Site Plan Agreement have been completed in accordance with the terms hereof and the provisions of By-Law No. 2016-047, being the Site Plan Control By-Law for the Municipality. 32. The Owner agrees that he, she, or it will not call into question, directly or indirectly and in any proceeding whatsoever in law or in equity or before any administrative tribunal or court, the right of the Municipality to enter into this Agreement or to enforce each and every term, covenant, and condition herein contained and, furthermore, acknowledges that this provision may be pled as an estoppel as against the Owner in any such case. 33. The Owner agrees on behalf of himself, herself, or itself, including their respective heirs, executors, ministries, and assigns, to save harmless and indemnify the Municipality from all losses, damages, costs, charges, and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly from any action taken by the Owner in accordance with this Agreement. 34. All facilities, works, and other matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense but at all times to the satisfaction of the Municipality in accordance with all standards applied by the Municipality and, in default thereof and without limiting any right or claim to remedy or relief as available to the Municipality, the provisions of section 446 of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, shall apply. 35. This Agreement shall be registered, at the expense of the Owner, against title to the Lands and the Municipality shall be entitled, subject to the provisions of any statute of the Province of Ontario, including but not limited to the Registry Act and/or Land Titles Act, to enforce its provisions against the Owner as named herein, including any successor in title thereto. 36. This Agreement enures to the benefit of and is binding upon the Parties hereto and their respective heirs, executors, administrators, and assigns. 10 IN WITNESS WHEREOF, the Parties hereto have executed this Agreement by their hands and seals or under cover of duly authorized officials at the Municipality of Bayham, Straffordville, Ontario this day of 2017. Signed, Sealed, and Delivered ) In the presence of ) Ross Graham, Owner I have authority to bind the Company CORPORATION OF THE MUNICIPALITY OF BAYHAM Paul Ens, Mayor Paul Shipway, Clerk We have authority to bind the Corporation 11 ATTACHMENT "A" Lands /Site Plan 12 ATTACHMENT "B" Site Servicing Plans 13 ATTACHMENT "C" CERTIFICATE OF COMPLIANCE PROPERTY IDENTIFICATION: Municipal Address: 56957 Talbot Line Owner: This document serves to certify that the Development project on the afore-noted Lands has been completed in accordance with the terms and conditions of the Site Plan Agreement between the undersigned, as Owner, and the Corporation of the Municipality of Bayham as dated , 20_, and as authorized by By-Law No. 20 - for the said Municipality of Bayham. The undersigned makes this certification declaring it to be true and correct and as if made under oath. Dated at , Ontario this day of , 20_. Witness Signature Ross Graham, Owner Address of Owner (Mailing) Telephone Number „. 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"c:l' MAY "( 2 2017 •:'itN!C Pit! ?TV RCtvu,ias THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-066 BEING A BY-LAW TO REPEAL THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2016-100 WHEREAS Section 8 of the Municipal Act, 2001, c.25 as amended provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to repeal By-law 2016-100, being a By-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Bilagot Energy Corp.; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT By-Law 2016-100 enacted by the Council of the Corporation of the Municipality of Bayham and attachments thereto is hereby repealed; 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 15th DAY OF JUNE 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-067 BEING A BY-LAW TO AMEND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAWS 2014-099 AND 2016-059 WHEREAS By-law 2014-045 established capital connection costs for the Municipality of Bayham Water System — Richmond, which are included in By-law 2014-099 and By-law 2016-059; AND WHEREAS Section 3 of By-law 2014-045 outlines that the rate will be assessed and imposed on owners or occupants of lands within the Specific Benefit Area which rate shall be sufficient to pay for not less than all capital costs of the Works; AND WHEREAS Section 5 of By-law 2014-045 outlines that `Deferred Benefit Lots' will be assessed and become subject to the rates when development occurs; AND WHEREAS the capital costs of the distribution system improvements per Deferred Benefit Lot, including 1"water service line to the property line including stainless steel saddle, main stop and curb stop is $1,193.95; AND WHEREAS By-Law 2014-099 and By-Law 2016-059 outline that Connection and Frontage Charges are to be indexed annually in January in accordance with the Statistics Canada Quarterly, Construction Price Statistics, catalogue No. 62-007; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT Schedule 'A' Water Connections and Frontage Charges of By-Law 2014-099 and By-Law 2016-059 be amended by striking and removing the attached Table 'A' and replacing with the attached Table `B"; 2. AND THAT in all other respects By-law 2014-099 and By-law 2016-059 are hereby confirmed and remain unchanged; 3. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2017. MAYOR CLERK Table A Water System 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 Table B Water System Connection & Frontage Charges 2017 Frontage/ft. Connection Port Burwell $7.54 $2,085.69 Richmond N/A $9,283.18 Vienna $7.71 $2,111.69 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-068 BEING A BY-LAW TO REGULATE AND CONTROL NOISES WHEREAS it is expedient to exercise the power conferred upon the Council by The Environmental Protection Act, R.S.O. 1990, Chapter E. 19, as amended, the Municipal Act, 2001, S.O. 2001, c. 25, as amended, and other statutory authority; AND WHEREAS a recognized body of scientific and technological knowledge exists by which sound and vibration may be substantially reduced; AND WHEREAS the people have a right to and should be ensured an environment free from unusual, unnecessary or excessive sound or vibration which may degrade the quality and tranquility of their life or cause nuisance; AND WHEREAS it is the policy of the Council to reduce and control such sound or vibration; NOW THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1. INTERPRETATION In this By-Law, (a) "Construction" includes erection, alteration, repair, dismantling, demolition, structural maintenance, painting, moving, land clearing, earth moving, grading, excavating, the laying of pipe and conduit whether above or below ground level, street and highway building, concreting, equipment installation and alteration and the structural installation of construction components and materials in any form or for any purpose, and includes any work in connection therewith; (b) "Construction Equipment" means any equipment or device designed and intended for use in construction, or material handling, including but not limited to, air compressors, pile drivers, pneumatic or hydraulic tools, bulldozers, tractors, excavators, trenchers, cranes, derricks, loaders, scrapers, pavers, generators, off-highway haulers or trucks, ditchers, compactors and rollers, pumps, concrete mixers, graders, or other material handling equipment; (c) "Conveyance" includes a vehicle and any other device employed to transport a person or persons or goods from place to place but does not include any such device or vehicle if operated only within the premises of a person; (d) "Council" means the Council of the Corporation of the Municipality of Bayham; (e) "Highway" includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle designed and intended for, or used by, the general public for the passage of vehicles; (f) "Minister" means Minister of the Environment; (g) "Ministry" means Ministry of the Environment; (h) "Motor Vehicle" includes an automobile, motorcycle, and any other vehicle propelled or driven otherwise than by muscular power; but does not include the cars of electric or steam railways, or other motor vehicles running only upon rails, or a motorized snow vehicle, traction engine, farm tractor, self-propelled implement of husbandry or road-building machine within the meaning of The Highway Traffic Act; (i) "Motorized Conveyance" means a conveyance propelled or driven otherwise than by muscular, gravitational or wind power; (j) "Municipality" means the land within the geographic limit of the Municipality of Bayham; (k) "Noise" means unwanted sound; (I) "Noise Control Officer" means the by-law enforcement officer designated by Council as responsible; (m) "Point of Reception" means any point on the premises of a person where sound or vibration originating from other than those premises is received; (n) "Premises" means building and lands appurtenant thereto. 2. ZONES In this by-law, (a) "Residential Area" means those areas zoned residential in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (b) "Quiet Zone" means those areas zoned institutional in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (c) "Open Space Areas" means those areas zoned open space in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (d) "Business Zone" means those areas zoned business and/or commercial and/or industrial in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto; (e) "Agricultural Zone" means those areas zoned agriculture in the Corporation of the Municipality of Bayham Zoning By-Law, and any amendments thereto. 3. GENERAL PROHIBITIONS No person shall emit or cause or permit the emission of sound resulting from an act listed herein and which sound is clearly audible at a point of reception: 3.11.1 Racing of any motorized conveyance other than in a racing event regulated by law. 3.11.2 The operation of a motor vehicle in such a way that the tires squeal. 3.11.3 The operation of any combustion engine or pneumatic device without proper exhaust or intake muffling devices meeting specifications of the manufacturer in good working order and in constant operation. 3.11.4 The operation of a vehicle or a vehicle with a trailer resulting in banging, clanking, squealing or other like sounds due to improperly secured load or equipment, or inadequate maintenance. 3.11.5 The operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five minutes, while such vehicle is stationary in a Residential Area or a Quiet Zone unless: (i) the original equipment manufacturer specifically recommends a longer idling period for normal and efficient operation of the motor vehicle in which case such recommended period shall not be exceeded; or; (ii) operation of such engine or motor is essential to a basic function of the vehicle or equipment, including but not limited to, operation of ready- mixed concrete trucks, lift platforms and refuse compactors; or; (iii) weather conditions justify the use of heating or refrigerating systems powered by the motor or engine for the safety and welfare of the operator, passengers or animals or the preservation of perishable cargo, and the vehicle is stationary for purposes of delivery or loading; or; (iv) prevailing low temperatures make longer idling periods necessary immediately after starting the motor or engine; or; (v) the idling is for the purpose of cleaning and flushing the radiator and associated circulation system for seasonal change of antifreeze, cleaning of the fuel system, carburetor or the like when such work is performed other than for profit. 3.11.6 The operation of a motor vehicle horn or other warning device except where required and authorized by law or in accordance with good safety practice. 3.11.7 The operation of any item of construction equipment in a Quiet Zone or Residential Area without effective muffling devices in good working order and in constant operation. 4. PROHIBITION BY TIME AND PLACE 4.11.1 No person shall emit or permit the emission of sound resulting from an act listed in Table 4-1, if clearly audible at a point of reception located in an area of the municipality within a prohibited time shown for such an area. 4.11.2 Notwithstanding the Prohibition by Time and Place set forth in subsection 4.11.1 and Table 4-1 as referred to above, no person shall make, cause, or permit emission of sound resulting from an act listed in Table 4-1 which is audible at a point of reception within the Municipality at such a volume and/or in such circumstances to annoy or disturb the peace, quiet, comfort, or repose of any individual to whom such sound is or was audible. 5. EXEMPTION 5.11.1 Public Safety Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with emergency measures undertaken: (a) for the immediate health, safety or welfare of the inhabitants or any of them: or; (b) for the preservation or restoration of property, unless such sound or vibration is clearly of a longer duration or nature more disturbing than is reasonably necessary for the accomplishment of such emergency purpose. 5.11.2 Agricultural Activity Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the operation of any equipment, apparatus or device used in agriculture for food crop seeding, chemical spraying or harvesting. 5.11.3 Discharge of Firearms Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Open Space Areas that allow a gun club if in those Open Space Areas there exists a gun club as at the date of passing of this by-law. Notwithstanding any provisions of this by-law, it shall be lawful to emit or cause to permit the emission of sound or vibration in connection with the discharge of firearms in Agricultural Areas. 5.11.4 Traditional, Festive, or Religious Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with any of the listed traditional, festive, religious and other similar activities: (a) Activity or service club that is operating for fund raising purposes for community benefit as may be approved by Council; (b) Any parade duly authorized by Council; (c) Any fireworks display duly authorized by Council; (d) Any fireworks display safely detonated on private property on festive holidays such as Victoria Day (May), Canada Day (July), and New Year's Eve (December/ January); (e) Other activities sponsored or approved by the Municipality. 5.11.5 Other Activities Notwithstanding any other provision of the by-law, it shall be lawful to emit or cause or permit the emission of sound or vibration in connection with the following activities: (a) That necessary for construction and maintenance of municipal public works at any time; (b) Operation of machinery by or on behalf of a public utility where work needs to be done to minimize service interruptions; (c) The operation of any Construction Equipment in connection with construction between the hours of 7am to 8pm; (d) The operation of any equipment for domestic purposes other than snow removal between the hours of 7am to 11 pm in Residential Areas; (e) The operation of solid waste bulk lift or refuse compacting equipment between the hours of 7am and 7pm in Residential Areas. 6. GRANT OF EXEMPTION BY COUNCIL 6.11.1 Application to Council Notwithstanding anything contained in this by-law, any person may make application to Council to be granted an exemption from any of the provisions of this by-law with respect to any source of sound or vibration for which he/she might be prosecuted and Council, by resolution, may refuse to grant any exemption of lesser effect and any exemption granted shall specify the time period, not in excess of six (6) months, during which it is effective and may contain such terms and conditions as Council sees fit. 6.11.2 Detail of Application for Exemption The application mentioned in subsection 6.11.1 shall be made in writing, in duplicate, and shall contain; (a) the name and address of the applicant and the location of the event or activity for which exemption is sought; (b) a description of the source of sound or vibration in respect of which exemption is sought; (c) a statement of the particular provision or provision of the by-law from which exemption is sought; (d) the period of time, of a duration not in excess of six (6) months, for which the exemption is sought; (e) the reasons why the exemption should be granted; (f) a statement of the steps, if any, planned or presently being taken to bring about compliance with the by-law; and (g) proof of publication within the preceding ten (10) days, in a newspaper of general circulation within the Municipality, of a notice of intention to apply for an exemption to this by-law, containing the information required by clauses (a) through (e) hereof, and further stating the date upon which it is intended that application will be made to Council. 6.11.3 Noise Control Officer Council shall cause one (1) copy of the application for exemption to be delivered to the Noise Control Officer and he shall prepare a report to Council forthwith, stating his opinion of the merits of the application and his recommendations as to terms and conditions which, in his opinion, should be imposed upon the applicant if the exemption is granted and Council will not consider the application for exemption until it has received the report of the Noise Control Officer. 6.11.4 Report The Noise Control Officer shall forward a copy of his report to the applicant at the address shown on the application by prepaid registered mail and shall, no sooner than two (2) weeks after the mailing of the report to the applicant, submit the report to Council and shall, on request, make his report available for public inspection. 6.11.5 Decision In deciding whether to grant the exemption, Council shall consider the application, the report of the Noise Control Officer and any written submission then received by Council and made by the applicant after receipt of the report of the Noise Control Officer and the Council may consider such other matters as it sees fit. 6.11.6 Breach Breach by the applicant of any of the terms or conditions of the exemption shall render the exemption null and void. 6.11.7 Offence — Fail to Comply with Terms and Conditions of Council Exemption Any person to whom an exemption is granted by Council pursuant to this section who subsequently fails to comply with the terms and conditions of such exemption is guilty of an offence. 7. SEVERABILITY 7.11.1 If a court of competent jurisdiction should declare any section or part of a section of this by-law to be invalid, such section or part of a section shall not be construed as having persuaded or influenced Council to pass the remainder of the by-law and it is hereby declared that the remainder of the by-law shall be valid and shall remain in force. 8. PENALTY 8.11.1 Any person who contravenes any provision of this by-law is guilty of an offence and, upon conviction, is liable to any fine or other penalty provided for in the Provincial Offences Act, R.S.O. c. P. 33, as amended. 8.11.2 In the event that any person is found to have contravened this by-law and a conviction thereby entered, the court in which the conviction was entered or any other court of competent jurisdiction, in addition to any fine or other penalty as ordered, may make another order preventing the continuation or repetition of the offence by the person so convicted. 9. ADMINISTRATION 9.11.1 By-Law 2001-057, as amended shall be repealed in their entirety. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF JUNE 2017. Mayor Clerk PROHIBITIONS BY TIME AND PLACE TABLE 4-1 PROHIBITED PERIOD OF TIME: QUIET ZONE RESIDENTIAL OPEN SPACE BUSINESS ZONE AGRICULTURAL AREA AREA ZONE 1. The detonation of fireworks At all times At all times At all times At all times At all times except as noted or explosive devices not used in construction 2. The discharge of firearms. At all times At all times At all times At all times Not Applicable 3. The operation of a combustion At all times At all times 9pm — 9am At all times 9pm — 9am engine which, (a) is, or; (b) is used in, or (c) is intended for use in, a toy or a model or replica of any device, which model or replica has no function other than amusement and which is not a conveyance. 4. The operation of any electronic At all times 11pm — 7am 11pm — 7am 11pm — 9am 11pm — 7am device or group of connected electronic device or group of connected electronic devices incorporating one or more loudspeakers or other electro- mechanical transducers and intended for the production, reproduction or amplification of sound. 5. The operation of any auditory At all times At all times At all times At all times At all times signaling devices, including but not limited to the ringing of bells or gongs and the blowing of horns or sirens or whistles, or the production, reproduction or amplification of any similar sounds by electronic means except where required or authorized by law or in accordance with good safety practices. 6. The operation of any powered At all times At all times Not applicable Midnight— 7am At all times rail car including but not limited to refrigeration cars, locomotives or self-propelled passenger cars, while stationary on property not owned by a railway governed by the Canada Railway Act. 7. The operation of any motorized At all times At all times Not applicable At all times Not applicable conveyance other than on a highway or other place intended for its operation. 8. Racing of any motorized At all times At all times 10pm — 9am At all times Not applicable conveyance at a racing facility. _ 9. The venting, release or At all times At all times At all times At all times At all times pressure relief of air, steam or other gaseous material, product or compound from any autoclave, boiler pressure vessel, pipe, valve, machine, device or system. 10. Persistent barking, calling or At all times At all times At all times At all times At all times whining or other similar persistent noise making by any domestic pet or any other animal kept or used for any purpose other than agriculture. 11. The operation of a commercial At all times At all times 11pm —7am 11pm —7am Not Applicable car wash with or without air drying equipment. 12. Yelling, shouting, hooting, At all times 11pm — 7am 11pm —7am 11pm —7am 11pm —7am whistling or singing. 13. The operation of a power At all times At all times Not applicable At all times Not applicable assisted hang glider or parafoil. 14. The operation of any item of At all times At all times Not applicable Not applicable Not applicable snow making equipment. 15. All selling or advertising by At all times 7pm —7am Not applicable 7pm — 7am 7pm — 7am shouting or outcry or amplified sound. 16. Loading, unloading, delivering, 11pm —7am 11pm — 7am Not applicable Not applicable 11pm —7am packing, unpacking, or otherwise handling any containers, products, materials, or refuse, whatsoever, unless necessary for the maintenance of essential services. 17. The operation of any 8pm — 7am 8pm —7am 8pm — 9am 8pm — 7am 8pm — 7am equipment in connection with construction. 11pm —7am 11pm — 7am Not applicable Not applicable Not applicable 18. The operation or use of any tool for domestic purposes other I than snow removal. 19. The operation of solid waste 7pm — 7am 7pm —7am Not applicable Not applicable Not applicable bulk lift or refuse compacting equipment THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-069 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JUNE 15, 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 June 15, 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 15th day of June, 2017. MAYOR CLERK