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HomeMy WebLinkAboutSeptember 21, 2017 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 21, 2017 7:00 p.m. 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 September 7, 2017 B. Court of Revision Centre Street Drain - North held September 7, 2017 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Committee of Adjustment Decision A-08/17 Tom & Ruth Oliver 2017 Council Agenda September 21, 2017 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-49/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Consent Application E63/17 0830513 B.C. Ltd./Tupper B. Report DS-55/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Site Plan Agreement Request for Extension— Stadey's Auto Sales C. Report DS-56/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator re Rezoning to Remove the Holding Provision 1 Hamlet of Richmond 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Halton Hills resolution re zero tolerance for racism B. Long Point Region Conservation Authority Board of Directors Minutes of meeting held August 2, 2017 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-65/17 by Paul Shipway, CAOIClerk re By-Law No. 2014-120— Building By- Law B. Report CAO-66/17 by Paul Shipway, CAOIClerk re RFP 17-03 Public Space Receptacles & East Beach Washroom Maintenance 12. BY-LAWS A. By-Law No. Z663-2017 Being a By-law to further amend By-Law Z456, 2003 (This by- law follows the recommendation made in Report DS-56/17 by Margaret Underhill, Deputy ClerklPlanning Coordinator during the regular meeting of September 21, 2017) B. By-Law No. 2017-098 Being a By-law to amend By-Law 2014-120, a By-law to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspection (This by-law follows the recommendation made in Report CAO- 65/17 by Paul Shipway, CA01Clerk during the regular meeting of September 21, 2017) C. By-Law No. 2017-099 Being a By-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and The Corporation of the Municipality of Central Elgin (This by-law follows the recommendation made in Report CAO-62/17 by Paul Shipway, CA01Clerk during the regular meeting of September 7, 2017) 2017 Council Agenda September 21, 2017 13. UNFINISHED BUSINESS A. MOTION THAT the Council of the Corporation of the Municipality of Bayham call a closed Council Education Session on Wednesday, September 27, 2017 at 5:00 p.m. to be held throughout the roads and facilities of the Municipality of Bayham for the general purpose of a Road and Facility Tour so that Council may be informed on the state of municipal infrastructure prior to the 2018-2027 Capital Budget deliberations. 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2017-100 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, September 7, 2017 7:00 p.m. 6:30 p.m. — Committee of Adjustment - Oliver 8:00 p.m. — Court of Revision — Centre Street Drain Council recessed for the Court of Revision at 8:03 p.m. and reconvened at 8:07 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 CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON WATER I WASTEWATER OPERATIONS MANAGER ED ROLOSON FIRE CHIEF I BY-LAW ENFORCEMENT OFFICER RANDY WHITE 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 4. ANNOUNCEMENTS A. Councillor Ketchabaw announced Friday, September 8 SCOR EDC will host a "Local Food Recognition Day" event and noted there are nominations from Bayham. B. Councillor Ketchabaw announced the Elgin County Plowing Match will be held Saturday, September 9 in Talbotville. C. Mayor Ens announced the Straffordville Hall Foundation will host a fundraising barbeque Saturday, September 9 at the Straffordville Community Centre 2017 Council Minutes September 7, 2017 5. DELEGATIONS A. 7:05 p.m. — Michelle M. Casavecchia-Somers, CMO —AMCTO Zone 1 Board Director— CAOIClerk Township of Malahide re 2017 EA Danby Award The E.A. Danby Award is awarded annually by AMCTO to recognize and honour municipalities that have demonstrated outstanding achievement through innovation with respect to municipal management activities or practices implemented for the purpose of delivering improved municipal programs and services. The Municipality of Bayham is the 2017 E.A. Danby Award recipient for Municipal Administration for its Digital Knowledge Management Strategy— Small, Rural Municipal Administrative Modernization & Innovation Project. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held August 17, 2017 B. Public Meeting Centre Street Drain — North held August 17, 2017 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the minutes of the Regular Meeting held August 17, 2017 and the Public Meeting held August 17, 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 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Minor Variance — Oliver B. Notice of Passing of Zoning By-Law Z661-2017 — Matthews C. Notice of Passing of Zoning By-Law Z662-2017 — 18-20 Pitt Street, Port Burwell 2017 Council Minutes September 7, 2017 D. Notice of Removal of a Holding Symbol — Municipality of Bayham E. Notice of Court of Revision — Centre Street Drain — North Moved by: Councillor Casier Seconded by: Councillor Breyer THAT the correspondence items 10.1.1-A- 10.1.1-E be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-50/17 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Site Plan Agreement— Max Underhill Farm Supply Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-50/17 regarding the Max Underhill Farm Supply site plan agreement extension be received; AND THAT Council agrees to extend the site plan agreement approved on September 15, 2016 by By-law 2016-080, due to expire on September 15, 2017 for an additional time period ending December 30, 2017. CARRIED B. Report DS-52/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Wellington Street Drain Award Contract Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report DS-52-17 re Wellington Street Drain Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Wellington Street Municipal Drain, as submitted by VanBree Drainage and Bulldozing Limited, in the amount of$37,825.00 (excluding HST), with work to commence on or before November 1, 2017 and be completed on or before March 31, 2018; AND THAT By-Law 2017-091, being a by-law to authorize the execution of contract documents with VanBree Drainage and Bulldozing be presented to Council for enactment. CARRIED 2017 Council Minutes September 7, 2017 C. Report DS-53/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Sproul Municipal Drain Branch `A' Extension Award Contract Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Staff Report DS-53-17 re Sproul Municipal Drain Branch `A' Extension Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Sproul Municipal Drain Branch `A' Extension, as submitted by VanBree Drainage and Bulldozing Limited, in the amount of$23,525.00 (excluding HST), with work to commence on or before November 1, 2017 and be completed on or before March 31, 2018; AND THAT By-Law 2017-092, being a by-law to authorize the execution of contract documents with VanBree Drainage and Bulldozing be presented to Council for enactment. CARRIED D. Report DS-54/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Firehall No. 1 Drain Award Contract Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Staff Report DS-54/17 re Firehall No. 1 Drain Award Contract be received for information; AND THAT Council accept the tender for provision of drainage works set out in the Form of Tender for the Firehall No. 1 Drain, as submitted by VanBree Drainage and Bulldozing Limited., in the amount of$62,475.00 (excluding HST), with work to commence on or before November 1, 2017 and be completed on or before March 31, 2018; AND THAT By-Law 2017-093 being a by-law to authorize the execution of contract documents with VanBree Drainage and Bulldozing Limited be presented to Council for enactment CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Township of Georgian Bay resolution re Invasive Plant Species B. Revised Temporary Road Closure Notice C. Township of Oro-Medonte re Ontario's Wildlife Damage Compensation Program 2017 Council Minutes September 7, 2017 Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT the correspondence items 11.1.1-A— 11.1.1-C be received for information. CARRIED 11.1.2 Requiring Action A. Bayham Historical Society requests re Vienna Memorial Park and Vienna Community Centre Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the requests from Bayham Historical Society re Vienna Memorial Park and Vienna Community Centre be received for information; AND THAT Vienna Community Centre curtain track be referred to the 2018 Operating Budget for Council consideration. CARRIED B. Arlynne Williams, Bayham Community Policing, re signage Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT request from Arlynne Williams, Bayham Community Policing re signage be referred to the 2018 Operating Budget deliberations for Council consideration. CARRIED C. Fisheries and Oceans Canada re Boardwalk — Small Craft Harbours' Port Burwell Facility Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT correspondence from Fisheries and Oceans Canada re Boardwalk— Small Craft Harbours' Port Burwell Facility be received for information; AND THAT MP Vecchio be requested to assist the Municipality in having Small Craft Harbours repair the Boardwalk to current day accessible standards which the Small Craft Harbour removals have impeded. CARRIED 2017 Council Minutes September 7, 2017 D. Lake Erie Source Protection re Notice of Pre-Consultation — Draft Updated Long Point Region Source Protection Plan Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT pursuant to Section 34(3) of the Clean Water Act, 2005, the Council of the Corporation of the Municipality of Bayham endorse the proposed amendments to the Long Point Region Source Protection Plan. CARRIED 11.2 Reports to Council A. Report CAO-56/17 by Paul Shipway, CAO I Clerk re Port Burwell Blue Flag Beach Feasibility Study Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report CAO-56/17 re Port Burwell Blue Flag Beach Assessment be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham accept the recommendations within the Environmental Defence, Blue Flag Program Feasibility Report; AND THAT Council provide staff direction to retain the Lifesaving Society to complete an aquatic safety audit of the Port Burwell East Beach; AND THAT staff report back to Council following the completion of the aquatic safety audit for further direction. CARRIED B. Report CAO-59/17 by Paul Shipway, CAO I Clerk re Wastewater Treatment Plan Alum Building Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report CAO-59/17 re Wastewater Treatment Plant Alum Building be received for information; AND THAT staff be directed to bring forward a by-law for Council consideration to enter into an Agreement with Drier Construction Group Inc. in the amount of$35,938+HST for structural repairs of the Wastewater Treatment Plant Alum Building. CARRIED 2017 Council Minutes September 7, 2017 C. Report CAO-61/17 by Paul Shipway, CAO I Clerk re Infrastructure Grant Applications Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT Report CAO-61/17 re Infrastructure Grant Applications be received for information; AND THAT staff be directed to make application to the Federation of Canadian Municipalities (FCM) — Municipalities for Climate Innovation Program (MCIP) for Substage 1A of the Port Burwell Storm Sewer System works; AND THAT staff be directed to make application to the Ontario Community Infrastructure Fund —Top-Up Program for Substage 1 C and Substage 1 D of the Port Burwell Storm Sewer System works. CARRIED D. Report CAO-62/17 by Paul Shipway, CAO I Clerk re Fire Prevention Officer— Fire/By-Law Service Review Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report CAO-62/17 re Fire Prevention Officer— Service Review be received for information; AND THAT Council direct staff to bring forward a by-law for Council consideration to enter into an Agreement with the Municipality of Central Elgin for as needed Fire Prevention Officer services; AND THAT Council direct staff to include contract by-law services in the 2018 Operating Budget for Council consideration during budget deliberations. CARRIED 12. BY-LAWS A. By-Law 2017-090 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and Drier Construction Group Inc. for structural repairs of the Wastewater Treatment Plant Alum Building (This by-law follows the recommendation made in Report CAO-59/17 by Paul Shipway, CAOI Clerk during the regular meeting of Council of September 7, 2014) B. By-Law 2017-091 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and VanBree Drainage and Bulldozing Limited for provision of Drainage Works for the Wellington Street Municipal Drain in the Municipality of Bayham 2017 Council Minutes September 7, 2017 pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation made in Report DS-52/17 by Bill Knifton, Chief Building Official I Drainage Superintendent during the regular meeting of Council of September 7, 2014) C. By-Law 2017-092 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and VanBree Drainage and Bulldozing Limited for the provision of Drainage Works for the Sproul Municipal Drain Branch `A' Extension in the Municipality of Bayham pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation made in Report DS-53/17 by Bill Knifton, Chief Building Official I Drainage Superintendent during the regular meeting of Council of September 7, 2014) D. By-Law 2017-093 Being a By-law to authorize the execution of an agreement between the Municipality of Bayham and VanBree Drainage and Bulldozing Limited for the provision of Drainage Works for the Firehall No. 1 Municipal Drain in the Municipality of Bayham pursuant to provisions of the Drainage Act, Chapter D.17, R.S.O. 1990 as amended (This by-law follows the recommendation made in Report DS-54/17 by Bill Knifton, Chief Building Official I Drainage Superintendent during the regular meeting of September 7, 2017. E. By-Law 2017-097 Being a By-law to authorize the transfer of lands owned by the Municipality of Bayham by way of a Land Exchange Agreement (This by-law follows the recommendation made in Report CAO-54/17 by Paul Shipway CAOI Clerk during the regular meeting of August 17, 2017) Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT By-Laws 2017-090, 2017-091, 2017-092, 2017-093 and 2017-097 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS 14. OTHER BUSINESS A. October 14, 2017 Straffordville Community Centre Parking Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council of the Corporation of the Municipality of Bayham authorize parking of vehicles in the "No Parking" Zone on the East Side of Sandytown Road between Heritage Line and Plank Road and Old Chapel Street on October 14, 2017 to accommodate an overflow of vehicles in attendance for a Ball Tournament and a Wedding. CARRIED B. Councillor Casier requested staff organize a Facility and Road Tour as an Information Session of Council prior to Budget Meeting scheduled for October 2. 2017 Council Minutes September 7, 2017 14.1 In Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session of Committee of the Whole at 8:23 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board. CARRIED A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Mill Island — Port Burwell Marina) 14.2 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Committee of the Whole do now rise from the "In Camera" session at 8:35 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2017-094 Being a By-law to confirm all actions of Council Moved by: Councillor Breyer Seconded by: Councillor Ketchabaw THAT confirming By-Law 2017-094 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the Council meeting be adjourned at 8:36 p.m. CARRIED 2017 Council Minutes September 7, 2017 MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COURT OF REVISION MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, September 7, 2017 8:00 p.m. — Centre Street Drain - North PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: None 1. CALL TO ORDER Mayor Ens called the Court of Revision for the Wellington Street Municipal Drain to order at 8:03 p.m. 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 A. Centre Street North Municipal Drain Court of Revision to provide an opportunity for any person or body entitled to receive Notice to appeal their assessment as per Engineers Report 213217 dated April 27, 2017 as prepared by Spriet Associates 4. STAFF PRESENTATION A. Report DS-51/17 by Bill Knifton, Chief Building Official I Drainage Superintendent re Centre Street North Municipal Drain Court of Revision Chief Building Official I Drainage Superintendent presented Report DS-51/17 and advised no written appeals were received. 2017 Council Minutes September 7, 2017 5. PUBLIC PARTICIPATION There was no public participation. 6. DISPOSITION Moved by: Deputy Mayor Southwick Seconded by: Councillor Breyer THAT Report DS-51/17 re Centre Street North Municipal Drain Court of Revision be received for information; AND THAT the Court of Revision for the Centre Street North Municipal Drain hereby confirms the assessments as per the Engineer's Report# 213217 dated April 27, 2017. CARRIED 7. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Court of Revision for the Centre Street Municipal Drain - North be adjourned at 8:07 p.m. CARRIED MAYOR CLERK BAy �l DECISION COMMITTEE OF ADJUSTMENT MUNICIPALITY OF BAYHAM 56169 Heritage Line,P.O.Box 160,Straffordville,Ontario,NOJ 1YO Telephone: 519-866-5521 Fax: 519-866-3884 Application No. A-08/17 Applicant: Tom and Ruth Oliver Lot Plan 205 Pt Lot 2&3 Part Lot 125 Con STR Roll Numbers: 34-01-000-004-17000 Street Address: 55643 Main Street,Straffordville Date of Hearing: September 7,2017 Date of Decision: September 7,2017 In the matter of Section 45 of the Planning Act and the Municipality of Bayham Zoning By-law No. Z456-2003, Committee of Adjustment considered all public comments in making the following decision: THAT the Committee of Adjustment Secretary-Treasurer's report DS-48/17 regarding the Oliver minor variance be received; AND WHEREAS the Committee agrees that the proposed variances as presented do not meet Section 45.1(1)of the Planning Act and are not considered minor; THEREFORE application A-08/17 submitted by Tom and Ruth Oliver pursuant to Section 45 of the Planning Act for minor variance is GRANTED in part with conditions to allow relief from Municipality of Bayham Zoning By-law Z456-2003: • Section 10.11 c)—Maximum Floor Area—to permit the three accessory buildings to a maximum floor area of 88.3 ml where 65 m2 is permitted in the Village Residential(111) Zone o subject to a municipal flat rate inspection fee of$100.00 FURTHERMORE the variance requested to allow relief from Section 10.11 a)is NOT granted as the Committee does not support the reduction in accessory building setback to 1.5 metres from the required 6.0 metres as there is sufficient lot area and no owner hardship in relocating the building to comply with zoning; THEREFORE the Committee requires the 72 m2 accessory building be moved to comply with Zoning By-law Z456-2003 Section 10.11.a)within 60 days by November 6,2017. DECISION: GRANTED Reasons for the Decision: • the variance for maximum allowable floor area is considered to be minor in nature • the variance for maximum floor area maintains the general intent and purpose of the Official Plan and Zoning By-law • there is sufficient lot area and no owner hardship in relocating the 72 m2 building to comply with the zoning by-law Concur in the Decision: Paul Ens /V"_U/X, Tom Southwick Randy Breyer ; Wayne Casier Ed Ketchabaw NOTICE OF LAST DATE OF APPEAL TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-law within 20-days of the Notice of Decision by filing with the undersigned, not later than the 27'"day of September 2017, a notice of appeal setting out the objection to the Decision and the reasons in support of the objections.It is also necessary to submit a filing fee of$300.00 with the notice of objection. Dated at the Mu tic' ality"yham this 7"'day of September 2017. G� Margare derhill Secretary-Treasurer Committee of Adjustment - REPORT DEVELOPMENT SERVICES pIrtunity Is�0 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 21, 2017 REPORT: DS-49/17 FILE NO. C-07 / D9.17 0830513 B.C. Ltd. Roll # 3401-000-004-06400 SUBJECT: Consent Application E63117 0830513 B.C. Ltd./Tupper BACKGROUND: A consent application was received from the Elgin County Land Division Committee submitted by 0830513 B.C. Ltd. c/o Tammy Tupper proposing to sever a surplus farm dwelling parcel 3,844 m2 (0.9 acres) and to retain 425 ha (62 acres) of agricultural parcel from the subject lands fronting onto Heritage Line, Concession STR Lot 131, known municipally as 57401 Heritage Line. The subject lands are designated "Agriculture" on Official Plan Schedule "Al" Municipality of Bayham: Land Use. The lands are zoned Agriculture (Al) on Schedule "A" Map No. 9 in Zoning By-law No. Z456-2003. As a result of the initial staff/planner review and discussions with the authorized agent, the original application was amended to increase the surplus farm dwelling parcel to 0.4 ha (1. acre) to meet the zoning requirements for a rural residential parcel and the retained land was reduced to 61.95 acres. Elgin County Land Division Committee will consider the application on September 27, 2017. DISCUSSION: Please refer to the planner's memorandum dated August 25, 2017 attached to this report for analysis of the conformity of the application to the PPS 2014, Elgin County Official Plan, the Bayham Official Plan and Zoning By-law Z456-2003. Subsequent to the writing to the planner's report, structures have been removed from the property. The barn on the southeast corner of the proposed rural residential parcel and the barn to the east of the dwelling have both been demolished and cleaned up. Regarding drainage, the lands are within the No. 1 Drain watershed and assessment Staff Report DS-49/17 0830513 B.C. Ltd. 2 reapportionment is required after the severance is complete. Staff and planner support the amended proposal with standard conditions for the severance of a surplus farm dwelling. These conditions include the rezoning of both the severed and retained parcels to meet the OP and ZB policies for surplus farm dwelling consents. As well, the Municipality has standard conditions to include as listed. ATTACHMENTS 1. Consent Application E63/17 2. IBI Memorandum dated August 25, 2017 RECOMMENDATION THAT Staff Report DS-49/17 regarding the Consent Application E63/17 submitted by 0830513 B.C. Ltd. be received for information; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E63/17 be granted subject to the following conditions: 1. Rezoning of the severed lands to a Rural Residential (RR) Zone prohibiting the keeping of livestock in accordance with MDS and the retained lands to a Special Agricultural (A2) Zone to prohibit new dwellings 2. Planning report fee payable to the municipality 3. Copy of the final survey (paper and digital) provided to the municipality 4. That the retained lands be merged with the title of the abutting land to the east owned by 0830513 B. C. Ltd. and be subject to Subsection 3 of Section 50 Subdivision of the Planning Act to prohibit future conveyance of these lands Respectfully S bm ted b Reviewed by: Marg ret nderhill Paul Shipway Deputy Clerk I Planning Coordinator CAO I Clerk 4- Pr, an-�--lndcrJ RQn 2-411-1 ��C�COL�(Do -AL ELGIN e O.iCQMMI fEE PLICATION FOP CONSENT I. Name of approval authority ELGIN COUNTY LAND DNISION COMMITTEE 2. Name of Owner 0830513 B.C. Ltd./ c/o Tammy Tupper ------------------- Address' 56374 Jackson Line, RR 1, Straffordville, ON NOJ lyo Telephone Number 519-550-1586 Email Name of owner's solicitor or authorized agent David Roe Address 599 Larch St Delhi ON N4B 3A7 Telephone Number 519-582-1174 _Email Please specify to whom all communications should be sent: Owners( ) Solicitor( ) Agent(s ) signs to owner 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer creation of a new tot Other mortgagelcharge addition to a lot lease x surplus faun dwelling seaementlR.O.W. technical severance correction oftitle other(specify @) Name of person(s),if known,to whom land or interest inland is to be transferred,leased or charged: unknown (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality Bayham Concession No. STR Lot(s)No. 131 Registered Plan No. Name of Street Heritage Line StreetNo.andforgllNo. 57401 Assessment Roll No_ 1,S/D/G c7(7 0 o I/C)("c/0 0 (b) Are there any easements or restrictive covenants affecting the subject land? Yes ( ) No (x) If Yes,describe the easement or covenant and its effect 5. Description of land intended to be severed: (Accurate Measurements in c) Frontage 66.33m S Depth 6r -IO.gHpied p qs� cxc(-- Existing Use Agricultural Proposed Use Residential Number and use of buildings and structures on the land to be severed: EAstino Dwelling, barn and shed Proposed nothing proposed 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 156.3m Depth 1065m/1013m Area 62 ac Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the land to be retained: Existing_ 2 barns and'shed �, �rn f7�Y1t1i1 \\ Proposed nothing proposed rFJ ��mosay, . rIDnw'vasanicc S1.7hamay On NSRSYi Rmng513Si1-1460 ®�mdm n -2- 7. Number of new lots proposed (including retained lots) 2 & Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) Municipal road,maintained all year ( x } ( x ) Municipal road,seasonally maintained ( ) ( ) Other public road } Right Of Way } Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( } Privately owned and operated individual well ( x) Privately owned and operated communal well ( ) ( } Lake or other water body ( } ( ) Other means (specify) 10. What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( } Privately owned and operated individual septic tank (x Privately owned and operated communal septic system ( ) ( ) Privy ( ) ( ) Other means (specify) 11. When will water supply and sewage disposal services be available? Existing services 12. What is the existing Official Plan designation(s)of the subject land? A ricultural 13. What is the existing Zoning designation(s)of the subject land? A 14. Has the subject land ever been the e subject of an.application for approval-of-a plan of-subdivision under the Planning Act? Yes ( ) No ( x) Unknown ( ) If Yes,and known,provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes ( ) No ( x) -3- (b) If the answer to(a)is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17. If this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( ) If Yes, provide the previous severance File No. 18. If the application involves the severance of a surplus farmhouse(through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. Surplus to farm located at 57447 & 7\'67 Heritage Line u 19. Is the owner,solicitor,or agent applying for additional consents on this holding simultaneously with this application, or considering applying for additional consents in the future? Yes ( ) No ( x) 20. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No ( x) If Yes,and known,specify the Ministry file number and status of the application 21. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment, minor variance, or approval of a plan of subdivision? Yes ( x) No ( ) If Yes,and known,specify the appropriate file number and status of the application to be submitted 22. Is the application consistent with policy statements issued under subsection 3(1)of the Planning Act? Yes (x) No { ) 23. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No ( x) If yes,does the application conform to or conflict with the applicable provincial plan or plans 24. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 25. The OwnerlApplicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bili 49, Chapter 63,S.O.1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. -4- 26. SKETCH: The application shall be accompanied by a sketch showing the following, - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land;. - the distance between the subject land and the nearest township lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings, railways, roads,watercourses,drainage ditches, river or stream banks, wetlands,wooded areas,well and septic tanks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land,indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. Dated at the Municipality of Central Elgin this day ofI_ Cl cx,�1�� 20 SIGNATURE OF APPLICANT(S), SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION l/We David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true, and IM/e 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 �unc( of in thec=0 lel (N this I ture _ day of l l'C� 20-F) Signature �a u mine Galloway,a Commissioner,etc.,County ofFJgin,for TheFXPI Corporation of the CountyofEtgiq, res Jfflt1RrY 6,2020� ACommissioner,etc. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal,if any,must be affixed. It is required that one copy of this application be fled,together with one copy of the sketch described, with the responsible person,accompanied by a fee of- $1,250.00 in cash or by cheque made payable to TREASURER,COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp, Revised March 14,2017 AUTHORIZATION TO APPOINT AN AGENT NOTE:This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: 57401 Heritage Line, Con STR, Lot 131, Bayham Mte,the undersigned,being the registered owner(s)of the above lands hereby authorize David Roe Norfolk County Of to: (Agents NamefNames) (Agents CitylTown of Residence) (1)make an application on my behalf to the County of Elgin Land Division Committee; (2)appear on my behalf at any hearing(s)of the application;and (3)provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated atthe Municipality of Bayham this d- day of NUct.Yy 20 17 ignature of Witness <_Sigfietur o¢w6ei L� Z L� E !1 v JAR 12� ee gnu --4, Signature of Witness Signature of Owner Signature of Witness Signature of Owner APPENDIX"A" The Coupty of,Elgin Land Division Committee requires that,in addition to the"Application for Consent",the following information be completed for all applications: 1. Are there any barns located within 300 metres of the subject of this application? Yes ( X) No ( ) If the answer is"YES'are these barns: I) Now used for livestock? Yes ( ) No (X) ii) Capable of being used for livestock? Yes ( ) No (X) NOTE:If vou answered"YES"to#1.PLEASE COMPLETE THE DATA SHEET BELOW TO BE COMPLETED BYAPPI CANT AGRICULTURAL CODE OF PRACTICE FORMULA ONE DATA SHEET TO CALCULATE THE MINIMUM DISTANCE SEPARATION REQUIREMENTS FOR NON-FARM USES ESTABLISHING OR EXPANDING IN CLOSE PROXIMITY TO EXISTING LIVESTOCK BUILDINGS In order to calculate the minimum distance separation,the following information is required for each livestock facility within 300 metres of the proposed severance and located on at separate lot: NAME TELEPHONE TOWNSHIP LOT CONC. TILLABLE HECTARES(where livestock facility located) Type of Livestock Maximum Housing CapacityHousing System Number per Year Liquid Semi- Dry check type Solid DAIRY Tie Free Loose 0 Cows Stall Stall 0 Heifers '0 Calves BEEF Open LotTotal 0 Cows &Barn Confine- 0 Calves ment 0 Feeders 0 400-750 lb. 0 400-1100 Ib. 0 750-1100 lb. SWINE 0 Sows 0 Boars 0 Weanlings 0 Feeders POULTRY Caged On Floor 0 Laying Hens 0 Breeder Flock 0 Pullets 0 Chicken Broilers 0 Turkey Broilers 0 Turkey Hens 0 Turkey Toms 0 Roasters MINK-Females HORSES SHEEP-Rams&Ewes RABBITS VEAL CALVES OTHER MANURE STORAGE: DRY Open Pile Covered Pile SEMI-SOLID Open Pile Storage with Buck Walls LIQUID Covered Tank Open Earth Sided Pit Above Ground Uncovered Tank Below Ground Uncovered Tank v � BQ r L7 o iD x v v � lobs M x l0I3m. 3 y �!ti o� 2 $a - 3 tim a o ° s° m c 2 3 W - m 00 33 cn - - Z CK i N� 2 o � s � y4' 0 x 14 cc m s m N o a � c O� m _ to � �c D H =$ O m m v S m�aNa oo� d A w_ o�v 5 O v n y a 2 _ Q P b 0 Ll N '^ W CA Cg "� CA CD 2 D r m 3 a a f an d ff Q �l J p H O P1H. amf-mos J A ®NORTH AGRICULTURAL �� TO BE RETAINED r G �i in LTi �5t�2 s 6' G rin A y O l9 ll tP � A rn r b a.s7 ZO8'OL TO BE RETAINED r'0 AGRICULTURAL 2 `� `f' P1N" 3it3f-m10 9 Q qx foo O 3: Z ~� fn' Kyti rn a o o � S o�mg _ c� gN o�® v z Z:tn �$ o a cu !AM a 9J J r� IBI GROUP 203-350 Oxford Street West ' London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date August 25, 2017 From Paul Riley BA, CPT Project No 3404-663 cc William Pol, MCIP, RPP File Subject 0830513 B.C. Ltd. -57401 Heritage Line -Application for Consent E63/17 -Concession STR, Lot 131, Municipality of Bayham 1. We have completed our review of the consent application submitted by 0830513 B.C. Ltd. for lands located at 57401 Heritage Line, south side and east of Toll Gate Road. The applicant is requesting consent for severance of surplus farm dwelling lands of 0.4 ha (1 acres) and to retain 25 ha (62 acres) of agricultural land. The applicant has indicated that the residence is surplus to the farm operation located at 57447 and 57467 Heritage Line. The lands are designated Agriculture on Schedule "Al" Municipality of Bayham: Land Use. The lands are zoned Agricultural (Al) on Schedule"A" Map No. 9 in Zoning By-law Z456-2003. 2. The land intended to be severed has a lot frontage of 66 m (217 feet) and a lot depth of 70 m (211 feet). The surplus dwelling lands comprise of a single family dwelling and a large barn with a private water and septic system. The retained lands have a lot frontage of 156 m (512 feet)and a lot depth of 1040 m (3,412 feet). The retained lands include several small wooded areas and two old barns, with the majority of the lands in agricultural production. The surrounding uses are predominantly agricultural, with a residential lot at the northwest corner and two houses and a motor vehicle wrecking establishment across Heritage Line. The residential lot in the northwest corner was rezoned from a Rural Industrial (M2-6) zone to a Rural Residential (RR-29) as Amendment Z646-2015 was approved on January 7, 2016. 3. The County of Elgin Official Plan Section E1.2.3 indicates that consents may be allowed where they are consistent with the Provincial Policy Statement 2014(PPS), the County Official Plan, and the local Official Plan. The subject lands are located in an agricultural area.The proposed consent is consistent with Section 2.3.4 Lot Creation and Lot Adjustments of the PPS as lot creation is permitted for residences surplus to the farming operation being of a minimum size to accommodate the use and appropriate sewage and water services. Approval is contingent on the planning authority prohibiting new residential dwellings on the remnant farm parcel. 4. Elgin County Official Plan Section E1.2.3.1 — General Criteria of the County Official Plan outlines criteria to be considered for approval of applications for consent. Below are the criteria and an outline of relevant information for consideration: a) Fronts on and will be directly accessed by a public road that is maintained on a year-round basis 1131 Group is a group of firms providing professional services and is affiliated with 1131 Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—August 25,2017 The lot fronts onto and directly accesses Heritage Line which is a County Road maintained year-round. b) Does not have direct access to a Provincial Highway or County Road The residential lot would continue using the existing access to County Road Heritage Line and the agricultural parcel has existing access to the lands from the farm operations adjacent parcel to the east, therefore not requiring an additional access. The recommended merging of the retained and adjacent parcel to the east ensures adequate access is available. c) Will not cause a traffic hazard As mentioned above there is no new access proposed for the lands. From a desktop review of recent aerial photography the existing access has adequate sight lines along Heritage Line and it is anticipated that there will be no significant increase in traffic based on the lands being used as a single family residence. d) Has adequate size and frontage for the proposed use in accordance with the local municipal Zoning By-law; The proposed frontage for the residential parcel and retained farm lands meet the minimum size required in the zoning by-law. The residential parcel having 66 m where 50 m is the minimum and the retained lands having 156 m where 150 m is the minimum. The proposed residential parcel meets the minimum lot area for the Rural Residential Zone. A zoning by-law amendment will be required to rezone the lands to a Rural Residential (RR) zone and Special Agriculture (A2) zone. From a review of recent Google Streetview imagery both existing barns are in a state of disrepair. The barn to the southeast corner of the residential lot shall be removed due to overlapping the new property boundary and its proximity to the dwelling may lead to land use conflict in future. e) Notwithstanding d) above, where a zoning by-law amendment or minor variance is required, approval of such amendment or variance shall be included as a condition of the approval of the consent; See outline of d) above. f) Can be serviced with an appropriate water supply and means of sewage disposal There are no proposed additional buildings or increased intensity on the lands, therefore, the existing water and septic system is considered adequate to meet the needs of the residential dwelling. g) Will not have a negative impact on the drainage patterns in the area As noted above, there is no proposed construction or increased intensity of the lands. Based on the continuance of existing drainage patterns we do not foresee any increased chance of negative impacts on drainage patterns. h) Will not restrict the development of the retained lands or other parcels of land IBI GROUP MEMORANDUM 3 Municipality of Bayham—August 25,2017 The use of the strip of lands to the east of the proposed residential lot is irregular in shape and would be disconnected from the rest of the agricultural lands. We require that the farms be merged on title, subsequent to consent approval, in order to provide access to these lands. The merging of the lands would improve the interconnectedness of the agricultural lands and encourage maintaining large farm parcels for continued agricultural flexibility in the future. We also consider the barn on these land to be dilapidated beyond repair, so we recommend its removal. i) Will not have a negative impact on any natural heritage feature; The subject lands are not identified as natural heritage lands on Schedule A1'Land Use of the Official Plan, so we do not anticipate any increased risk of adverse effects on any natural heritage processes if present in the surrounding area. j) Will not have a negative impact on the quality and quantity of groundwater available for other uses in the area The intent is to retain the existing single family dwelling. We do not anticipate any change to the quality or quantity of groundwater available in the area based on the proposed land use. k) Will not have an adverse effect on natural hazard processes The subject lands are not identified as hazard lands on Schedule A2'of the Official Plan, therefore we do not anticipate any increased risk of adverse effects on any natural hazard processes. 5. The Bayham Official Plan Section 2.1.7 Farm Consolidation and Surplus Farm Dwellings sets out the policies for consent to sever and convey existing farm dwellings which are surplus to the farm operation. The subject lands are designated Agriculture in the Official Plan Schedule Al Land Use. Section 2.1.7.2; 2.1.7.3 and 2.1.7.4 of the Plan sets out the policies applicable to the application: 2.1.7.2—Severed Lot and Surplus Dwelling Shall a) Be no larger than necessary to support a private water and sewage system. The consent plan indicates that a well and septic system are within the severed lands. b) Meet the provisions of the MDS1 The applicant indicates there are no livestock facilities within 300 m of the site. c) Be zoned Rural Residential A zoning amendment application is to be submitted to the Municipality. 2.1.7.3—Severed Surplus Dwelling may a) Include accessory buildings. An existing shed is intended to be retained and is acceptable, however, the two other barns are recommended to be removed, for reasons mentioned above. b) Prohibit the keeping of livestock. The zoning amendment shall prohibit the keeping of livestock in accordance with MDS. IBI GROUP MEMORANDUM 4 Municipality of Bayham—August 25,2017 2.1.7.4— Retained Farm Lands shall a) Meet the provisions of the Al Zone. The retained lands meet the minimum requirements for lot frontage and lot area in the Al zone. b) Be rezoned to prohibit new residential uses. A zoning amendment will ensure the prohibition of new dwellings on the property through rezoning the retained lands to a Special Agriculture (A2) zone that prohibits new residential uses. 6. The proposed consent must be in conformity with the Municipality of Bayham Zoning By-law regulations. The Zoning By-law allows for a single detached residential dwelling on one lot in the RR zone and agricultural uses in the A2 zone. Both parcels meet the minimum lot frontage and lot area minimums for the RR and A2 zones. Therefore, we consider the proposed to be in conformity with the Zoning By-law of the Municipality of Bayham. 7. Based on the above review of consent application E63117 we have no objection subject to the following recommendations and conditions: a. That the severed lands with approximately 156 m of lot frontage and 25 ha (62 ac)of lot area be merged with the title of the abutting land to the east owned by 0830513 B.C. Ltd. on Heritage Line and be subject to Subsection 3 of Section 50 Subdivision of the Planning Act to prohibit future conveyance of these lands. b. That the severed lands as described above be rezoned to a Rural Residential (RR) zone. c. That the retained lands as described above be rezoned to a Special Agriculture (A2) zone to prohibit new dwellings. d. That the retained lands comply with the requirements of the Yard Maintenance By- tJ law 2002-9 of the Municipality for the removal of the dilapidated barn located in the northeast corner of the parcel. e. That the applicant remove the barn at the proposed southeast corner of the severed &J61 parcel. (61 f. The zoning amendment shall prohibit the keeping of livestock in accordance with MDS. 3)Wd Ri&# IBI GROUP Paul Riley, BA, CPT Consulting Planner to the Municipality of Bayham ,z REPORT o� 4!1b DEVELOPMENT SERVICES ortunity l, OV, TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 21, 2017 REPORT: DS-55/17 FILE NO. C-07/ D10.STAD / BL 2016-088 Roll # 3401-000-004-18605 SUBJECT: Site Plan Agreement—Stadey's Auto Sales BACKGROUND: A site plan control agreement was approved on October 20, 2016 for Stadey's Auto Sales for their property located at 9548 Plank Road, Straffordville. The agreement pertains to the construction of a 292.46 m2 (3148 sq. ft.) showroom and storage building with lot upgrades for parking and connection to the municipal sanitary sewer system. The subject land is designated "Commercial" in the Official Plan and zoned Central Business District (Cl) in the Zoning By-law Z456-2003. DISCUSSION: As the standard agreement one-year mark approaches on October 20, 2017, Stadey's Auto Sales' construction is not complete. Mr. Stadey wishes to notify and request an extension of the site plan agreement for an additional time period —to December 30, 2017. Please refer to the correspondence attached. In reviewing the attached correspondence, staff recommends approval of the site plan agreement extension for an additional time period ending December 30, 2017. ATTACHMENTS 1. Correspondence from Stadey's Auto Sales dated September 11, 2017 RECOMMENDATION 1. THAT Report DS-55/17 regarding the Stadey's Auto Sales site plan agreement extension be received; 2. AND THAT Council agrees to extend the site plan agreement approved on October 20, 2016 by By-law 2016-088 due to expire on October 20, 2017 for an additional time period ending December 30, 2017. Staff Report DS-55/17 Stadey's Auto 2 Respectfully Submitted by: Reviewed by: 1 Margaret Underhill Paul Shipway Deputy ClerklPlanning Coordinator CAOICIerk Is>Fff- e voe- l/�a ECEIVE 7- N,g/y SEP 1 1 201 r Li MUNICIPALITY BAYHAM ��TGzs.oti ® /u ���•v ���eS�viC-x,T /��l�E��J �7r9� 1 �Ge�u ,��cG.I'L7"/J �LC3w �Ro 4�.TS .�•ivcG �� �E�/NN/NG. S m0 V/,(v !r /� LOnlG Cry rf►"1 /�'GcJ �U7" �Q.vC�i�ZN�� -PS 186 67 �� 30 201-7 (', v�Ai&- lis $AYH n , - REPORT DEVELOPMENT SERVICES �ortunity Is0 TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: September 21, 2017 REPORT: DS-56/17 FILE NO. C-07 / D13.RICH Hamlet of Richmond SUBJECT: Rezoning to Remove the Holding Provision 1 BACKGROUND In 2012, due to the concerns with water quantity and quality in Richmond, staff initiated an amendment to apply a holding (h) symbol to all lands within the settlement area boundary of the hamlet of Richmond. As a result, Zoning By-law Z611-2012 was enacted placing a Holding 1 Symbol on the hamlet of Richmond until such time as the water quantity and quality was addressed. DISCUSSION: The purpose of the proposed amendment to the zoning by-law is to change the zoning for the entire hamlet of Richmond in order to remove the holding zone (-h1) provision and symbol placed on the lands. Development of a new public water supply has been completed, meeting conditions for capacity, water quantity, water quality and financial considerations. The effect of this By-law will allow consideration of development within Richmond with the removal of the holding provisions. Further details and analysis is included in the IBI Group memorandum attached for information. ATTACHMENTS 1. IBI Memorandum Dated September 5, 2017 2. Draft Zoning By-law Z663-2017 RECOMMENDATION THAT Staff Report DS-56/17 regarding Rezoning for the Removal of a Holding Symbol in the hamlet of Richmond be received; Staff Report DS-56/17 Remove Holding Richmond 2 AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands within the hamlet boundary of Richmond as shown on Schedule E by removing the holding symbol (-h1); AND THAT Zoning By-law Z663-2017 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: i Marg et Underhill kPaul Shipway Deputy ClerklPlanning Coordinator CAOICIerk IBI GROUP 203-350 Oxford Street West BLondon ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date September 5, 2017 From Paul Riley, CPT Project No 3404 -632 cc William Pol, MCIP, RPP Subject Municipality of Bayham - Application for Zoning By-law Amendment- Hamlet of Richmond Holding Zone Removal 1. We have completed our review of an Application for a Zoning By-law amendment, submitted by the Municipality of Bayham, for lands located in the Hamlet of Richmond. The applicant is requesting a zoning by-law amendment to change the zoning for the entire Hamlet of Richmond by removing the holding zone provisions on the lands to allow for consideration of development within Richmond following completion of municipal water service system upgrades. The subject lands are designated as "Hamlet" on Schedule "E" Richmond of the Official Plan of the Municipality of Bayham. The lands include various zones on Schedule"E" in Zoning By-law Z456-2003. 2. The Hamlet of Richmond is located on the western side of the Municipality along a portion of Richmond Road and Heritage Line, including several residential side streets. The former private communal water system was acquired in 2010 after issues arose with the volume and safety of the water supply. An order from the Ministry of the Environment and Climate Change (MOECC) based on provisions of the Safe Drinking Water Act required the Municipality to assume ownership. The replacement and upgrades included underground piping, service lines and water meter pits which service approximately 50 residences and one church. 3. The Provincial Policy Statement 2014 (PPS) Section 1.6.6 provides policy direction on sewage,water and stormwater. Policy 1.1.1 addresses healthy liveable and safe communities which are sustained by ensuring that necessary infrastructure (municipal water supply) are available to meet the current and projected needs. Policy 1.1.4.2 identifies rural settlement areas such as Richmond as the focus of growth and their vitality and regeneration is to be promoted. Policy 1.6.6.5. b)allows for the provision of partial services to allow for infilling and rounding out of existing development where there is no negative impacts. The upgraded water system ensures that the infrastructure available meets current and projected needs and allows for infill growth and regeneration in Richmond. 4. The County of Elgin provides county wide land use policy direction on land uses and servicing. Policy E4.1 sets out the direction with respect to water services. Specifically Policy E4.1 (c) encourages the improvement of existing systems where they are technically and financially feasible. Furthermore, Policy E4.1 (f) encourages the correction of failed systems. The improvements for the public water system in Bayham, ensuring adequate and safe supply, financial feasibility and improved efficiency, conform to the Official Plan policies of the County of Elgin. 5. The community of Richmond is designated Hamlet on Schedule"Al" Land Use in the Official Plan. Policies in Section 4.4 allow for limited future growth on the basis of infilling within the IBI Group Professional Services(Canada)Inc.is a member of the 1131 Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—September 14,2017 existing Hamlet boundaries. Section 5 of the Plan sets out policies regarding Municipal services and Policy 5.1.1.3 encourages water conservation and water use efficiency. Section 2.3 of the Plan sets out policies to protect water resources in the Municipality. Policy 2.3.1.3 encourages the efficient and sustainable use of water resources including water conservation and sustaining water quality. Including a water metering system in the recent upgrades will allow for the pricing of the water supply in order to encourage wise use of water resources by individuals, reducing demand on the local ground water supply and protecting these water resources. The proposed amendment is in accordance with the Official Plan based on conformity to the above policies promoting efficient use and protection of water resources and providing potential infill development within the Hamlet of Richmond. 6. The Zoning By-law of the Municipality of Bayham sets out regulations for development within the municipality. Approved Municipal By-law Z611-2012 amended the Zoning By-law to include the holding zone hatch on Schedule"E" Richmond and amended Section 3.3 Holding Zones by adding a new subsection. The intent of the new subsection is to prohibit development (to ensure public health and safety) until such time as conditions are met with respect to improvements to the public water supply system or sewage treatment or disposal system. Development of a new public water supply has been completed, meeting conditions for capacity, water quantity, water quality and financial considerations. 7. Based on our review of the application we have no objections to the requested Zoning By-law amendment removal of Holding (h1)zone for lands within the Hamlet of Richmond. J� IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham �1 TOWN OF DALTON DILLS Working Together Working for You! THE CORPORATION OF THE TOWN OF HALTON HILLS ZJA Moved by: Date: August 28, 2017 M r Rick v e 7 Seconded by: '� Resolution No.. 15A WHEREAS on August 12, 2017 a horrific, cowardly, and racially motivated act of violence took place in Charlottesville, Virginia that led to the death of a 32 year old woman, and injuries to at least 19 others; AND WHEREAS this horrific and cowardly act took place during what has been described as one of the largest white supremacist events in U.S. history; AND WHEREAS further incidents of racially motivated acts of violence have taken place both locally and abroad; AND WHEREAS we must join together as a community, province, and nation to condemn this type of hatred and racism; THEREFORE BE IT RESOLVED that Council for the Town of Halton Hills supports zero tolerance for racism of any kind, including nazi'ism and white supremacy; AND FURTHER THAT Council for the Town of Halton Hills encourages all Ontario Municipalities to pass a resolution to support zero tolerance against racism and condemn all racism acts of violence; AND FURTHER THAT a copy of this resolution be sent to Michael Chong, MP, Wellington Halton-Hills, Ted Arnott, MPP, Wellington Halton-Hills, FCM, AMO, Region of Halton, and Ontario municipalities. P� Mayor Rick Bonnette /o LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS — MINUTES of August 2, 2017 Approved September 6, 2017 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten and Tom Southwick Staff in attendance: C. Evanitski, J. Maxwell, L. Minshall, P. Walther-Mabee, J. Stefek and D. McLachlan Regrets: none The LPRCA Chair called the meeting to order at 6:30 pm Wednesday,August 2nd, 2017 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-179/17 moved: M. Columbus seconded: J. Scholten THAT the LPRCA Board of Directors add a Property Matter and "Teeterville Dam Update" under Closed Session as item 11(c) and New Business as item 10 (E) respectively to the August 2"d, 2017 agenda. CARRIED DISCLOSURES OF INTEREST None R. Geysens joined the meeting. DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-180/17 moved: R. Geysens seconded: J. Scholten THAT the minutes of the LPRCA Board of Directors Regular Meeting held July 5', 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 a) Bill 139 — Building Better Communities and Conserving Watersheds Act, 2017 The GM noted that Bill 139 is an omnibus Bill that includes proposed changes to the Conservation Authorities Act. The Bill has passed first reading and the second and third readings are expected this fall. Discussion ensued. MOTION A-181/17 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors receives the Bill 139. Building Better Communities and Conserving Watersheds Report as information. CARRIED b) Waterford North Gatehouse Staff reported that the current gatehouse at Waterford is located within the park away from the point of entry and creates the potential for lost revenue. Staff provided three options to correct the issue noting that the preferred option would be to locate the gate at the south end of the entry road and funneling vehicles through by narrowing the road entrance. Staff will research and review automated gates. MOTION A-182/17 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors accepts the Gatehouse report as information; AND THAT staff continues to explore options to be presented during the 2018 budget process. CARRIED REVIEW OF COMMITTEE MINUTES No questions or comments. MOTION A-183/17 moved: J. Scholten seconded: R. Geysens THAT the minutes from the Backus Museum Committee meeting of May 25', 2017 be received as information. CARRIED CORRESPONDENCE Staff fielded 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-184/17 moved: D. Hayes seconded: D. Brunton THAT the correspondence outlined in the Board of Director's Agenda of August 2nd 2017 be received as information. CARRIED DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved 34 applications since the last meeting: LPRCA-14/17, LPRCA-126/17, LPRCA-130/17, LPRCA-132/17, LPRCA-133/17, LPRCA-137/17, LPRCA-141/17, LPRCA-134/17, LPRCA-135/17, LPRCA-142/17, LPRCA-145/17, LPRCA-146/17, LPRCA-148/17, LPRCA-149/17, LPRCA-151/17, LPRCA-152/17, LPRCA-153/17, LPRCA-154/17, LPRCA-155/17, LPRCA-156/17, LPRCA-157/17, LPRCA-158/17, LPRCA-159/17, LPRCA-160/17, LPRCA-161/17, LPRCA-162/17, LPRCA-163/17, LPRCA-164/17, LPRCA-167/17, LPRCA-168/17, LPRCA-169/17, LPRCA-171/17, LPRCA-177/17 and LPRCA-181/17. No questions or comments. MOTION A-185/17 moved: R. Geysens seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated July, 2017 as information. CARRIED b) New applications The Planning Department recommended approval for seven applications. Brian Duxbury, attorney for neighbouring landowners, spoke against recommending approval for applications LPRCA-85/17 and LPRCA-150/17 on Hastings Drive, Long Point. Mr. Duxbury listed a number of reasons for his request including: • recent changes to the law derived from a recent court challenge; • conservation authority decisions must be consistent with the Provincial Policy Statement; • the structures addressed in the applications are over the size limit as per the Building Code; • zoning on Hastings Drive is currently under appeal to the Ontario Municipal Board; • the Norfolk County Official Plan states "No new development permitted on Hastings Drive;" • the species at risk and the provincially significant wetland in the area; and • public safety and perception. 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. Duxbury fielded questions from the Board. No further questions were directed to staff. MOTION A-186/17 moved: M. Columbus seconded: D. Hayes THAT the LPRCA Board of Directors receives the deputation by Brian Duxbury as information. CARRIED MOTION A-187/17 moved: D. Hayes seconded: D. Beres 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-85/17 LPRCA-90/17 LPRCA-107/17 LPRCA-147/17 LPRCA-150/17 LPRCA-179/17 LPRCA-182/17 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 No questions or comments. MOTION A-188/17 moved: R. Geysens seconded: J. Scholten THAT the LPRCA Board of Directors receives the General Manager's Report for July 2017 as information. CARRIED b) LPRCA MARKETING UPDATE Jarah Stefek introduced herself and provided information on her background and qualifications. Ms. Stefek presented the requirements for a website redesign and the FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 4- outcome of a recent RFQ. Staff withdrew the recommendation for the website and requested that it be deferred until 2018 budget discussion. The Low Impact Development signage will be ready for installation the week of August 21St. Social media statistics were provided and upcoming projects detailed. Discussion ensued. MOTION A-189/17 moved: D. Beres seconded: D. Brunton THAT the LPRCA Board of Directors receives the Marketing Update as information. CARRIED c) HALDIMAND HYDRO UPDATE Staff provided an update on the status of the 2017 Haldimand Hydro Capital project. The work completed was inspected and passed, but other issues have since arisen. To maintain compliance some trailers had to be moved and trees cut and some of the poles within the park will have to be replaced. Staff is meeting with the Hydro Safety Authority to help in producing a plan of action. A budget reallocation was requested. MOTION A-190/17 moved: J. Scholten seconded: R. Geysens THAT the LPRCA Board of Directors reallocates up to $13,200 from the 2017 Capital Budget Waterford North CA Hydro Upgrade to the Haldimand CA for the necessary repairs to the hydro, water and septic systems. CARRIED d) 2nd QUARTER FINANCIALS Staff reported a negative variance in seasonal revenues in comparison to the 2017 budget. The number of seasonal campers is down 41 sites from last year but the revenue is higher. Some expenses are currently tracking under at the parks. Upon questions from the Board, staff indicated that the trail revitalization project at Backus is underway and will include accessibility access to some areas, bridge replacement to Backus Woods trails, stair replacement, widening of the Cottonwood trail and some interpretive signage placement. The project is expected to be completed by year-end. Staff plans to apply for funding to complete a phase 2. Further details were provided for the various capital projects including the upcoming Request for Proposals for the Sediment Management Plan at Teeterville Dam. MOTION A-191/17 moved: T. Southwick seconded: D. Beres THAT the LPRCA Board of Directors receives the Budget Performance Report as at June 30th, 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- e) TEETERVILLE DAM The Legion has been notified that, as per the Board's decision, the stoplogs will remain as is - no logs will be added or removed. The GM offered to again speak with the Legion membership about the issues. An abutting landowner had requested information as to how to irrigate at Teeterville. Information was forwarded by the GM. MOTION A-192/17 moved: T. Southwick seconded: D. Beres 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 CARRIED MOTION A-193/17 moved: R. Geysens seconded: J. Scholten That the LPRCA Board of Directors does now adjourn from the closed session. CARRIED . MOTION A-194/17 moved: R. Geysens seconded: D. Beres THAT the LPRCA Board of Directors approves the contract extension for Jarah Stefek as LPRCA's Marketing Coordinator to December 31St, 2018, as per the GM's verbal closed session report. CARRIED MOTION A-195/17 moved: D. Hayes seconded: J. Scholten THAT the LPRCA Board of Directors receives the GM's closed session report regarding a property matter as information,- AND nformation,AND THAT the matter be referred to the Strategic Plan Review Committee. CARRIED The Chair adjourned the meeting at 8:30pm. I Noel Ha Dana McLachlan Chair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten,Tom Southwick - 6- REPORT CAO op 0 oi'tunity Ism TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: September 21, 2017 REPORT: CAO-65/17 SUBJECT: BY-LAW NO. 2014-120 — BUILDING BY-LAW BACKGROUND On December 18, 2014 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2014-120, being a by-law to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspections. DISCUSSION As Building activity has increased in Bayham, the incidence of persons completing regulated building activities without first obtaining a permit has also increased. Persons completing regulated building activities without a permit requires extra work from the CBO, Planning Consultant and Planner to rectify non-permitted activities. In order to address this concern staff reviewed the practices of the Town of Aylmer, Township of Malahide and Town of Tillsonburg. As a result of the review staff would respectfully recommend the following addition to By-law No. 2014-120: Section 6.5 Despite the fees set out in the Municipality of Bayham Rates & Fees By-law, where a person commences regulated building activities without first having obtained a permit, the fees due and payable to the Corporation of the Municipality of Bayham shall be doubled and this shall be in addition to any remedy sought or imposed by law under the Building Code Act. RECOMMENDATION 1. THAT Report CAO-65/17 re By-law No. 2014-120 — Building By-law be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to amend By-law No. 2014-120, the Building By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk REPORT CAO op 0 oi'tunity Ism TO: Mayor & Members of Council FROM: Paul Shipway, CAOIClerk DATE: September 21, 2017 REPORT: CAO-66/17 SUBJECT: RFP 17-03 PUBLIC SPACE RECEPTACLES & EAST BEACH WASHROOM MAINTENANCE BACKGROUND On May 7, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-046, being a By-law to authorize Agreement No. 0498 with Marc Cerna Enterprises for the provision of Public Space Receptacles & East Beach Washroom Maintenance. Agreement No. 0498 expires September 30, 2017 with the current service provider declining the option to renew the contract. On August 22, 2017 RFP 17-03 Public space Receptacles & East Beach Washroom Maintenance was posted to find a new service provider for 2018-2022, with two one year mutual options for extension. DISCUSSION RFP 17-03 closed on September 13, 2017 at 1100 AM with no bids submitted. Staff contacted Ramona Peidl, a current municipal cleaning service provider, to discuss the possibility of taking on the RFP 17-03 Public Space Receptacles & East Beach Washroom Maintenance contract. Ms. Peidl submitted the following fees: WEEKLY FEE FOR SERVICES CERNA CONTRACT RENEWAL BID EAST BEACH WASHROOM $515.58 $700.00 MAINTENANCE PUBLIC SPACE RECEPTACLES $328.25 $375.30 SUB TOTAL $843.83 $1,075.30 HST $109.70 $139.79 WEEKLY TOTAL $953.53 $1,215.09 SEASON TOTAL(22 WEEKS) $20,977.61 $26,731.96 Given the past experience with Ms. Peidl as a municipal contractor, the consolidation of supply ordering and the removal of the Public Works Department, specifically the Roads Operations Supervisor, from the day to day operations within the contract, staff would respectfully recommend entering into a contract with Ms. Peidl. RECOMMENDATION 1. THAT Report CAO-66/17 re RFP 17-03 Public Space Receptacles & East Beach Washroom Maintenance be received for information; 2. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a By-law to enter into an Agreement with Ramona Peidl for the provision of Public Space Receptacles & East Beach Washroom Maintenance for Council consideration. Respectfully Submitted by: Paul Shipway CAOIClerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z663-2017 BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "E", by removing the Holding (h1) Zone hatched grey overlay and legend item from the Hamlet of Richmond on Schedule "E" to this By-law, which is attached to and forms part of this By-law. 2) THIS By-law shall come into force on the date of passing. READ A FIRST TIME THIS 21St SEPTEMBER 2017. READ A SECOND TIME THIS 21St SEPTEMBER 2017. READ A THIRD TIME AND FINALLY PASSED THIS 21s' SEPTEMBER 2017. MAYOR CLERK SEE SCHEDULE A-MAP No.4 HR HR-7 HR-6 j I HR_ HR(h /h3)Al HR HR-2 \ HR H \` O OS2 V �' t� HR(62/h3) FIR � M2 >� 1 i --- _s-7 �i bl, ( I �'I 1 5 This is Schedule "I"to By-law SEE SCHEDULE A-MAP No.7 No. Z663-2017, passed the 21st day of September, 2017 Mayor Clerk MUNICIPALITY OF BAYHAM - SCHEDULE E Legend NORTH RICHMOND (' LPRCA Regulation Limit oo 25 50 ZONING BY-LAW Z456-2003 CONSOLIDATED JAN 8,2016 Metres THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-098 BEING A BY-LAW TO AMEND BY-LAW 2014-120 A BY-LAW TO REGULATE BUILDING CONSTRUCTION, DEMOLITION, CHANGE OF USE PERMITS, SEPTIC SYSTEMS, SEWER CONNECTION PERMITS AND INSPECTION WHEREAS the Council of the Municipality of Bayham on the 18th day of December, 2014 enacted By- Law 2014-120, being a by-law to regulate building construction, demolition, change of use permits, septic systems, sewer connection permits and inspections; AND WHEREAS Council is desirous of amending By-Law 2014-120; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. ADDITION OF SECTION 6.5 6.5 "Despite the fees set out in the Municipality of Bayham Rates & Fees By-law, where a person commences regulated building activities without first having obtained a permit, the fees due and payable to the Corporation of the Municipality of Bayham shall be doubled and this shall be in addition to any remedy sought or imposed by law under the Building Code Act."; 2 THAT in all other respects By-Law 2014-098 is hereby confirmed and remains unchanged; 3 AND THAT this by-law shall come into force and take effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21 t" DAY OF SEPTEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-099 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND THE CORPORATION OF THE MUNICIPALITY OF CENTRAL ELGIN WHEREAS the Council of The Corporation of the Municipality of Bayham is desirous of entering into an agreement with the Corporation of the Municipality of Central Elgin for the provision of as needed Fire Prevention Officer Services; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute an Agreement between The Corporation of the Municipality of Central Elgin and The Corporation of the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 21St DAY OF SEPTEMBER 2017. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2017-100 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD SEPTEMBER 21, 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 September 21, 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 21St DAY OF SEPTEMBER, 2017. MAYOR CLERK