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February 15, 2018 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 15, 2018 7:00 p.m. 6:30 p.m. — Committee of Adjustment—Thiessen, R & N 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:00 p.m. — Jessica Lang, Elgin St. Thomas Public Health re Elgin St. Thomas Age Friendly Community Plan 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held February 1, 2018 B. Public Meeting held February 1, 2018 Fernley Drain Improvements 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 2018 Council Agenda February 15, 2018 10.1.1 Receive for Information A. Notice of a public meeting concerning a proposed minor variance (Thiessen, R & N) B. Notice of intent to pass an amending by-law to remove a holding symbol (Rodenburg, M) 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-09/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Alward Street Drain B. Report DS-12/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning to Remove the Holding Provisions (h1/h4) — Rodenburg, M C. Report DS-13/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E3/18 Deplancke—Addition to a Lot 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Ontario Farmland Trust re Building Farmland Viability in Ontario B. Elgin St. Thomas Public Health Healthy Communities Partnership minutes of meeting held September 28, 2017, approved January 30, 2018 C. Elgin County OPP 2017 Year End Report D. County of Elgin re Plank Road Reconstruction — Notice of Information Meeting E. Ministry of the Environment and Climate Change/ Ministry of Natural Resources and Forestry re Draft Watershed Planning Guidance — Environmental Registry Posting F. Township of Norwich re Ontario Building Code Amendments G. Long Point Region Conservation Authority Board of Directors minutes of meetings held January 10, 2018 and January 17, 2018 H. Ministry of Agriculture, Food and Rural Affairs re Community Based Strategic Plan application 11.1.2 Requiring Action A. Department of Fisheries and Oceans Canada re installation of Temporary Water Level Gauge in Port Burwell 2018 Council Agenda February 15, 2018 11.2 Reports to Council A. Report TR-03/18 by Lorne James, Treasurer re 2019 Budget Schedule B. Report TR-04/18 by Lorne James, Treasurer re 2017 Investment Report C. Report TR-05/18 by Lorne James, Treasurer re 2017 Council Remuneration and Expenses D. Report TR-06/18 by Lorne James, Treasurer re 2017 Public Sector Salary Disclosure (PSSDA) E. Report TR 07/18 by Lorne James, Treasurer re 2017 Q4 Variance Report F. Report TR 08/18 by Lorne James, Treasurer re 2017 Surplus Allocation G. Report CAO-08/18 by Paul Shipway, CAO I Clerk re Infrastructure Canada — Smart Cities Challenge H. Report CAO-09/18 by Paul Shipway, CAO I Clerk re Property Standards By-law— Lot Maintenance By-law I. Report CAO-14/18 by Paul Shipway, CAO I Clerk re 2018 Municipal Assistance J. Report CAO-15/18 by Paul Shipway, CAO I Clerk re Green Energy Act K. Report CAO-20/18 by Paul Shipway, CAO I Clerk re Community Based Strategic Plan 12. BY-LAWS A. By-Law No. Z672-2018 Being a By-law to further amend By-Law No. Z456-2003 (This by-law follows the recommendation in Report DS-12/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of February 15, 2018) B. By-Law No. 2018-022 Being a By-law to further amend By-Law No. 2016-059 a by-law of The Corporation of the Municipality of Bayham to establish and require the payment of fees for information, services, activities and use of municipal property and to repeal by-law No. 2014-125 and any and all amendments C. By-Law No. 2018-023 Being a By-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Her Majesty the Queen in Right on Ontario as represented by The Minister of the Environment and Climate Change regarding The Great Lakes Guardian Community Fund — Grant Funding Agreement Port Burwell East Beach Bio-Swale D. By-Law No. 2018-024 Being a By-law to authorize the execution of a development agreement between Rudolph and Nancy Thiessen and The Corporation of the Municipality of Bayham (This by-law follows the recommendation made in Report DS-11/18 by Margaret Underhill, Secretary/Treasurer, Committee of Adjustment during the Committee of Adjustment meeting of February 15, 2018) 2018 Council Agenda February 15, 2018 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding labour relations or employee negotiations (Teamsters Local No. 879) B. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board (Mill Island — Port Burwell Marina) C. Confidential Report regarding advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Wastewater System) D. Confidential Report regarding labour relations or employee negotiations (CUPE Local No. 35.4) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-025 Being a By-law to confirm all actions of Council 16. ADJOURNMENT Elgin St. Thomas Age Friendly Community Plan . riie . ....0._ •- ... ,1� ,,,, ,,- 4,,, i ,,.. ,,,, . I. ��bb 7 • 4 ji `max ° i, y aS 3 1111 ), I. v � Mb, _ 1 ` gid _ ` { ,eil iiiii 10.4,141k ti i ' Jililiks.'- J ' ...:'Le .7.1...14, A..":1....2411 it 117 ,..n '""`0.."- ST T H Q M AS Elgin ELGIN ST.THOMAS IML M CIT" PUBLIC HEALTH bot, elginhealth.on.ca EXECUTIVE SUMMARY Background Elgin St. Thomas Public Health, the City of St. Thomas and the County of Elgin have developed an Age Friendly Community Plan funded by a grant from the Government of Ontario. With the leadership of the Elgin St. Thomas Age Friendly Steering Committee, a needs assessment was implemented to identify the current strengths, weaknesses, opportunities and threats that exist in Elgin St. Thomas. An Age-Friendly Community (AFC) is one where policies, services and structures, related to the physical and social environments, support and enable older people to live in a secure environment, enjoy good health, and continue to participate fully in their communities. Implementation will be closely linked to and compliment existing plans such as the City of St. Thomas' Strategic Plan and Official Plan, the County of Elgin's Official Plan, as well as documents developed by the St. Thomas Elgin Community Leaders Cabinet. Implementation should also build on the plans of other key Elgin and St. Thomas groups and organizations. Vision A vision statement describes the "preferred future state" of a community and its stakeholders. The Steering Committee and community forum participants engaged in several visioning exercises to develop elements of a future vision for seniors in Elgin St. Thomas. Elgin St Thomas is a community that: Provides affordable and accessible services that meet the needs of all its seniors, and values their leadership and engagement in community life. This alliance ensures our seniors'health and well being to allow them to age in place. Achievement of the vision will position Elgin St Thomas as a leading age-friendly community in the Province. Approach Following the receipt of the funding, a start-up meeting was held in late 2016 and members of the steering committee were identified. Work commenced in February 2017 and was completed in October 2017. Steps in carrying out the project were as follows: 1. Recruitment of an external consultant and establishment of a community-based Steering Committee to oversee the project, 2. A review of relevant background information, 3. A needs assessment questionnaire completed by 35 service providers from a broad cross-section of local organizations, 4. A community survey completed by 200 respondents, 5. Seven focus group sessions directly engaging 244 seniors, 6. Phone interviews with 13 key informants including political officials, senior service providers and other community leaders, 7. A half-day facilitated community stakeholder forum that was well attended by a dynamic mix of over 55 seniors and service providers, and 8. An implementation planning session to identify specific actions, time frames and potential partners for moving the plan forward. Stakeholder Engagement High levels of stakeholder engagement were achieved. The needs assessment and consultation process generated more than 600 interfaces with seniors, family members, service providers and community members accomplished through the various meetings, interviews, surveys, community forum and implementation planning session. The table below identifies the stakeholder interfaces (seniors, officials, and providers) achieved through the needs assessment and planning process. Identified needs were highly consistent across the groups. Steering Committee 10 Key Informant Interviews 13 Community Survey 200 Provider Survey 35 Focus Groups 244 Community Forum 55 Discussion Paper 25 Implementation Planning Workshop 21 Total Stakeholder Interfaces: 603 4Z\._ ON7:11:1":1 ElginCounty STTHQMAS CANADA THE RAI'Lva,/ CIT'" 1110,:' !F all r_ ?'\22.••••11161e1 $ West Elgin Community .1�, .� �` Health Centre ELGIN ST.THCfMAS PUBLIC HEALTH cowl iic Aleolitv\\ r, ; Alzheimer Society CANADA rnm 6 i IVIZI 4 . 11 : SouthWesthea hline.ca Overall, there was great consistency in the views expressed across the various groups leading to a high level of confidence in the data. Best practices in planning for the needs of older adults suggest that services should be targeted to seniors based on their functional ability rather than on arbitrary age groupings. The project methodology involved identifying community needs and mapping them on a matrix crossing World Health Organization dimensions against groupings of seniors with different needs and capabilities including: • Well and fit seniors. • Seniors requiring some assistance. • Seniors requiring 24 hour support. Needs identified through the consultation/data gathering initiatives were as follows: Transportation Needs Intercommunity transit Volunteer, shuttle and pooled driving Reduced costs Shorter booking times fitiargirj Expanded transit routes and hours of service Sidewalk and "walkability" improvements Bike and scooter lanes Housing Needs Home maintenance supports Appropriate seniors housing options RGI (rent geared to income) units Cost relief for taxes and utilities Affordable retirement homes Aging in place supports More long-term care spaces Consistent home care through adequate staff Recreation Needs Transportation to venues More seniors groups and clubs in rural areas t More recreation facilities Cost relief/subsidies for events and facilities l More trails and paths Health Care Needs Shorter wait times for appointments Cost relief for hearing, dental and vision care Expanded clinic hours of operation 001 Mental health and dementia supports Coordination between service providers Transportation to specialists Caregiver supports Palliative and hospice care System navigation Goals and Objectives Thirty goals emerged from the process addressing priorities related to housing, transportation, recreation, health care services and supports, and community life. Housing • Establish and pursue affordable housing targets based on identified need within each municipality. • Development of new affordable housing following universal design standards. • Identify strategies to assist seniors to remain in their homes and age in place. • Explore innovative housing options such as HUB arrangements, cooperatives and progressive care models. • Increase the number of long-term care spaces in Elgin St. Thomas. • Pursue a new bed subsidy for retirement homes. • Advocate for mandated provincial regulations for retirement homes. Transportation • Develop a multi-modal transportation system across Elgin County including buses, rail/train passenger connections, ride share arrangements and coordinated scheduling. • Minimize dependence on transportation through outreach, use of technology and telemedicine opportunities. • Improve existing public transit to provide flexible and accessible service with more availability. • Provide subsidies and cost relief to seniors using transportation services. • Ensure that City and County residents know about the transportation options available and how to use them. • Advocate for active transportation with political representatives, advocacy groups and seniors. Recreation • Expand access to existing recreational facilities for families and seniors tailored to ability and age. • Increase recreational activities and social outlets in rural areas. • Increase educational options, volunteer and employment opportunities for seniors. • Develop a county-wide trail strategy with the leadership of the Healthy Communities Partnership to increase walkability and bikeability. 11, • Health Care • Increase access to primary care through clinics, mobile units, increased use of nurse practitioners and expanded use of technology. • Increase access to specialists. • Improve coordination of care and service navigation across providers. • Expand and enhance community supports to reduce long-term care admissions. • Expand mental health programs and dementia supports. • Expand hospice and palliative care. • Expand Services in long term care facilities. Community Life • Design and build seniors HUBs with access to shopping, recreation, entertainment, services and information. • Improve accessibility to buildings and outdoor space throughout the County. • Increase the engagement of seniors in all aspects of community life. • Pursue intergenerational programming. • Address safety, security and elder abuse issues. • Increase overall awareness of services and supports. Next Steps Experience from other jurisdictions has shown that age friendly community plans require some form of a permanent entity in order to ensure successful ongoing implementation, monitoring, revision and evaluation of goals and strategies. Upon reviewing the various options for a sustainable model, it is recommended that responsibility for ongoing coordination, monitoring and updating of the AFC plan be overseen by a newly formed "Seniors Advisory Committee". The Elgin St. Thomas' Age Friendly Community Plan will be a living document to serve as a blueprint for ongoing community relationship building and collaborative planning. #1111P., I THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, February 1, 2018 7:00 p.m. 7:30 p.m. — Public Meeting — Drainage— Fernley Drain Improvements PRESENT: DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CASIER ED KETCHABAW ABSENT: MAYOR PAUL ENS STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DRAINAGE SUPERINTENDENT BILL KNIFTON ROAD OPERATIONS SUPERVISOR STEVE ADAMS WATER/WASTEWATER OPERATIONS MANAGER ED ROLOSON 1. CALL TO ORDER Deputy Mayor Southwick called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF Deputy Mayor Southwick declared a conflict in regard to Item 12-A as he is an owner of the subject property. Deputy Mayor Southwick did not take part in debate or vote on the item. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS None. 5. DELEGATIONS None. 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held January 18, 2018 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the minutes of the Regular Meeting held January 18, 2018 be adopted. CARRIED 2018 Council Minutes February 1, 2018 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report PS-01/18 by Steve Adams, Roads Operations Supervisor re Green Commercial Vehicle Program (GCVP) Moved by: Councillor Ketchabaw Seconded by: Councillor Breyer THAT Report PS-01/18 re Green Commercial Vehicle Program (GCVP) be received for information. CARRIED B. Report PS-02/18 by Steve Adams, Roads Operations Supervisor re Road Maintenance — Surface Discontinuities Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report PS-02/18 re Road Maintenance — Surface Discontinuities be received for information. CARRIED C. Report PS-03/18 by Ed Roloson, Water/Wastewater Operations Manager re 2017 Annual Drinking Water and Compliance Summary Reporting for the Bayham and Richmond Water Systems Moved by: Councillor Casier Seconded by: Councillor Breyer THAT Report PS-03/18 re 2017 Annual Drinking Water and Compliance Summary Reporting for the Bayham and Richmond Water Systems be received for information. CARRIED 2018 Council Minutes February 1, 2018 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of the passing of Zoning By-Law Z664-2017 re Boeder, Adrian B. Notice of the passing of Zoning By-Law Z669-2017 re Mudge, David & Patricia C. Notice of the passing of Zoning By-Law Z670-2018 re 0830513 BC Ltd. (Tupper) D. Notice of the passing of Zoning By-Law Z671-2018 re Southwick, Eva &Thomas Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the correspondence items 10.1.1-A - 10.1.1-D be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Town of Amherstburg re Tax Changes Proposed by the Federal Liberal Government B. Town of Amherstburg re Proposed Changes to the Cannabis Act (Bill C-45) C. Ontario Good Roads Association re Municipal Class Environmental Assessment (MCEA) process D. Town of Lakeshore re Allocate Infrastructure Funding Dedicated to Municipalities for Storm Water Management and Drainage Improvements E. Town of Lakeshore re Population Growth Projections F. Municipality of West Nipissing re Amendment to Ontario Regulation No. 366/09 G. Ontario Plowmen's Association re International Plowing Match and Rural Expo Moved by: Councillor Breyer Seconded by: Councillor Casier THAT the correspondence items 11.1.1-A - 11.1.1-G be received for information. CARRIED 2018 Council Minutes February 1, 2018 11.1.2 Requiring Action 11.2 Reports to Council A. Report CAO-07/18 by Paul Shipway, CAO I Clerk re 2018 Municipal Election Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-07/18 re 2018 Municipal Election be received for information. CARRIED Council recessed at 7:16 p.m. and reconvened at 7:30 p.m. for the Drainage Public Meeting. The regular Council meeting reconvened at 7:42 upon completion of the Public Meeting. 12. BY-LAWS A. By-Law 2018-012 Being a by-law to authorize the execution of a Development Agreement between Thomas and Eva Southhwick and The Corporation of the Municipality of Bayham (This by-law follows the recommendation in Report DS-03/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of January 18, 2018) B. By-Law 2018-018 Being a provisional by-law to provide for drainage works in the Municipality of Bayham in the County of Elgin known as the Fernley Municipal Drain Improvements (This by-law follows the recommendation in Report DS-08/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the public meeting of February 1, 2018) First and Second Reading Only C. By-Law 2018-019 Being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Her Majesty the Queen in Right of Canada as represented by the Minister of Employment and Social Development regarding The Enabling Accessibility Fund —Workplace Accessibility Stream D. By-Law 2018-020 Being a by-law to authorize the execution of an agreement between The Corporation of the Municipality of Bayham and Her Majesty the Queen in Right of Canada as represented by the Minister of Employment and Social Development regarding The Enabling Accessibility Fund — Community Accessibility Stream Deputy Mayor Southwick declared a conflict in Item 12-A as he is an owner of the subject property. Deputy Mayor Southwick did not take part in debate or vote on this item. Moved by: Councillo Ketchabaw Seconded by: Councillor Breyer THAT By-Law 2018-018 be read a first and second time only; AND THAT By-Laws 2018-012, 2018-019 and 2018-020 be read a first, second and third time and finally passed CARRIED 2018 Council Minutes February 1, 2018 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None. 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law 2018-021 Being a By-law to confirm all actions of Council Moved by: Councillor Casier Seconded by: Councillor Breyer THAT confirming By-Law 2018-021 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT the Council meeting be adjourned at 7:44 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, February 1, 2018 7:30 p.m. — Fernley Drain Improvements PRESENT: DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS RANDY BREYER WAYNE CAS IER ED KETCHABAW ABSENT: MAYOR PAUL ENS STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DRAINAGE SUPERINTENDENT BILL KNIFTON SIGNED IN ATTENDEES: Harry Broughton Earl Shea Tony Wall 1. CALL TO ORDER Deputy Mayor Southwick called the public meeting to order at 7:30 p.m. and asked those in attendance for the Drainage Public Meeting regarding the Fernley Drain Improvements 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. 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 Fernley Drain Improvements Engineers Report#216088. 4. STAFF PRESENTATION A. Report DS-08/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Fernley Drain Improvements Chief Building Official I Drainage Superintendent provided an overview of the drain design and meeting process. 2018 Council Minutes February 1, 2018 Public Meeting — Fernley Drain Improvements 5. ENGINEERS REMARKS Mr. John Spriet provided an overview of the drain. Councillor Casier inquired about soil condition for construction. Mr. Spriet confirmed the best time for construction is summer or fall due to dryer soil condition. Councillor Casier inquired about crop damage. Mr. Spriet advised there is allowance for crop damage. 6. PUBLIC PARTICIPATION Mr. Earl Shea inquired as to how the crop allowance is determined. Mr. Spriet advised the method is utilization of average crop price. 7. CORRESPONDENCE There were no written comments or appeals. 8. DISPOSITION Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT in accordance with Section 78 of the Drainage Act, Council of the Corporation of the Municipality of Bayham hereby adopts Spriet Associates report#216088 dated January 3, 2018, referred to as the "Fernley Drain Improvements" report; AND THAT Provisional By-law#2018-018 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 March 1, 2018 at 8:00 p.m. be set for the first sitting of the Court of Revision. CARRIED 2018 Council Minutes February 1, 2018 Public Meeting — Fernley Drain Improvements 9. ADJOURNMENT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the Provisional By-law will be considered during the regular meeting. The Regular Meeting will now reconvene at 7:42 p.m. MAYOR CLERK A-01/18 NOTICE OF A PUBLIC MEETING IIPIC4C17, CONCERNING A PROPOSED MINOR VARIANCE O f4 / IN THE MUNICIPALITY OF BAYHAM t PpOrfunity APPLICANT: THIESSEN, R & N TAKE NOTICE that the Municipality of Bayham has received a complete application for a Minor Variance (Application A-01/18). AND TAKE NOTICE that the Committee of Adjustment of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday February 15, 2018 at 6:30 p.m. in the Municipal Council Chambers in Straffordville to consider a proposed minor variance to Zoning By-law No. Z456-2003 under Section 45 of the PLANNING ACT. THE PURPOSE of the variance is to grant relief from Agriculture (A1) Zone, Section 5.2 to permit supplementary farm dwelling to the extent the use is not permitted for a property with 20 ha (50 acres) of land, located on the north side of Vienna Line, east of Richmond Road known as 53580 Vienna Line. THE EFFECT will be to allow the installation of supplementary farm dwelling of two bunkhouse dwelling units in one permanent one storey building of 167 m2 (1,800 ft2) to accommodate a maximum of sixteen (16) seasonal farm labourers. The proposed development must conform to all of the criteria in Section 2.1.10 of the Official Plan. 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 2nd day of February 2018. 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 T: 519-866-5521 Ext. 222 F: 519-866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca SUBJECT LANDS Ari NOTICE OF INTENT TO PASS AN 41011iice AMENDING BY-LAW TO REMOVE A !‘, HOLDING SYMBOL a 4r( m IN THE MUNICIPALITY OF BAYHAM PPortunity Ise°V APPLICANT: RODENBURG, M TAKE NOTICE that the Municipality of Bayham has received a complete application for a Zoning By-law amendment. AND TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham will hold a meeting on Thursday February 15th, 2018 at 7:00 p.m. in the Municipal Council Chambers in Straffordville to consider the removal of a holding symbol under Section 34 & 36 of the PLANNING ACT. AND TAKE NOTICE that only the applicant may file an appeal to the Ontario Municipal Board of a decision by Council not to remove the holding symbol, or where Council fails to make a decision within 120 days after the application was submitted. THE PURPOSE of the amendment is to remove the Holding (h1/h4) provisions on three (3) residential lots with a combined area of 1 ha (2.4 acres) located on Part Lot 5, Concession 9, on the west side of Culloden Road, south of Best Line, in the Hamlet of Corinth from the Hamlet Residential Holding (HR[h1/h4]) Zone to the Hamlet Residential (HR) Zone in the Zoning By- law of the Municipality of Bayham No. Z456-2003. The applicant has fulfilled the requirements of the holding provisions. THE EFFECT of this By-law will be to permit the development of three (3) residential building lots created by consent (Applications E6/17-E8/17) in accordance with the Hamlets – Residential Uses policies of the Official Plan. The complete By-law is available for inspection at the Municipal office during regular office hours. DATED at the Municipality of Bayham this 2nd day of February 2018. KEY MAP MUNICIPALITY OF BAYHAM Margaret Underhill Deputy ClerkiPlanning Coordinator rrr Municipality of Bayham -�_ — . P.O. Box 160, 56169 Heritage Line Straffordville, ON, NOJ 1Y0 T: 519- 866-5521 F: 519- 866-3884 E: munderhill@bayham.on.ca W: www.bayham.on.ca a SUBJECT LANDS Hamlet of Corinth INN-YHA-4f '''''' REPORT _, _.-Ii,„. ` , - DEVELOPMENT SERVICES O _,_� 4t) Ppuoo- etunity j9,i TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: February 15, 2018 REPORT: DS-09/18 FILE NO. SUBJECT: ALWARD STREET DRAIN BACKGROUND: On May 26, 2017 the clerk received a petition for drainage from Bernhard Reddecop. On June 15, 2017, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowners. Shortly thereafter the Engineer began the design of a drainage works to achieve the required legal outlet for the lands in question. Engineer's Report# 217145 received from Spriet Associates dated January 19, 2018 was filed with the Clerk on January 30, 2018. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. RECOMMENDATION 1. THAT Report DS-09/18 regarding the Alward Street Drain be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #217145 dated January 19, 2018 for the Alward Street Drain, as prepared by Spriet Associates, and filed with the Clerk on January 30, 2018; 3. THAT Council set a date for the Public Meeting to he held on March 1, 2018 at 7:45 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton 'a • • Chief Building Official CA Drainage Superintendent INAYHA REPORT � . o4vlll�� DEVELOPMENT SERVICES -e-Po1rtunity TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: February 15, 2018 REPORT: DS-12/18 FILE NO. C-07/ D13.RODE 3401-000-005-05500 SUBJECT: Rezoning to Remove the Holding Provisions (h1/h4) — Rodenburg, M BACKGROUND Marinus Rodenburg has submitted an application for rezoning to remove the holding provisions (h1/h4) from a 10,080 m2(2.4 acre) parcel in Concession 9 Part Lot 5, municipally known as 11185 Culloden Road. The property is designated "Hamlets" on Schedule "Al" Municipality of Bayham: Land Use and zoned Hamlet Residential — Holding (h1/h4) on Schedule "B" Corinth in zoning By-law Z456-2003. The purpose of the amendment is to remove the Holding (h1/h4) provisions on three (3) residential lots with a combined area of 1 ha (2.4 acres) located on Part Lot 5, Concession 9, on the west side of Culloden Road, south of Best Line, in the Hamlet of Corinth from the Hamlet Residential Holding (HR [h1/h4]) Zone to the Hamlet Residential (HR) Zone in the Zoning By- law of the Municipality of Bayham No. Z456-2003. The applicant has fulfilled the requirements of the holding provisions. The effect of this By-law will be to permit the development of three (3) residential building lots created by consent (Applications E6/17-E8/17) in accordance with the Hamlets— Residential Uses policies of the Official Plan. DISCUSSION: The rezoning application is a condition of Consent Applications E6-8/17, whereby the holding provisions (h1/h4) have to be removed from the parcel containing the existing residence to ensure water and septic services meet the requirements, as well, from the two building lots to permit future residential development. Zoning By-law Section 3.3 Holding Zones requires an amendment to the Zoning By-law in order to remove a Holding Zone. The subject lands, which are within the hamlet boundary, currently have a zoning of Holding Hamlet Residential (HR (h1/h4). The purpose of the holding zones regulating the subject lands are as follows: Staff Report DS-12/18 Rodenburg 2 a) h1 Purpose: To ensure public health and safety, an agreement with the Municipality, or the satisfying of conditions of severance, which address impacts of new development to the applicable proposed water supply system and/or sewage treatment and disposal system; and which may include issues relating to water capacity, water quantity, water quality, and financial costs will be required prior to the removal of the "h1" zone symbol. Water quality and quantity testing reports have been submitted to the Municipality for review and all results are reviewed to meet provincial standards. Municipal lot assessments were completed and the results are acceptable to install private septic systems on the two building lots. As well, the septic bed and well for the existing house meet the requirements for residential use. b) h4 Purpose: To ensure parcels of land do not become landlocked, proof of access to a public right-of-way by the proponent will be required prior to the removal of the "h4" zone symbol Confirmation of County Rd 46 access has been filed with the Municipality Staff and planner support the application to rezone to remove the holding provisions and recommend Council approval of the Zoning By-law as attached. ATTACHMENTS 1. Rezoning application received January 19, 2018 2. Draft Zoning By-law Z672-2018 RECOMMENDATION THAT Staff Report DS-12/18 regarding the Rodenburg Rezoning for the Removal of Holding Symbols be received; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning on the lands owned by Marinus Rodenburg described as Concession 9 Part Lot 5 Parts 1, 2 & 3 Registered Plan 11R10254 located within the hamlet boundary of Corinth as shown on Schedule "B" by removing the holding symbols (h1/h4); AND THAT Zoning By-law Z672-2018 be presented to Council for enactment. Respectfully Submitted by: Reviewed by: 7.777V/ Margaret Underhill -ul .1y AIIIIPPPPPv Deputy ClerkiPlanning Coordinator CAOICIerk A5SY11 q MUNICIPALITY OF BAYHAM 56169 Heritage Line rP.O. Box 160 Straffordville, ON NOJ 1Y0 fill"*(462211 �'Aor ity sto � Phone(519) 866-5521 — Fax (519) 866-3884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000(Zoning By-law Amendm or Temporary Use Zoning By-law) or $1500(Temporary Use Zoning By-law Renewal) or 1500(Zo ing Amendment to Remove Holding Provision). If the application is not comple ull, the application will be returned. INVe, Marinus Rodenburg shall assume responsibility for any additional costs exceeding the deposited amount related to the said application and understand and agree that for payment of said additional costs shall be a condition of this signed application. I also agree to accept all costs as rendered. Property Owner Property Owner FOR OFFICE USE ONLY �y DATE RECEIVED: jail il /9rr%? AMOUNT RECEIVED: ; /00,00 ` DEEMED COMPLETE: l Z J � . RECEIPT# : � ' FILE NO: /`3 �D' 0 DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 1. Registered Owner's Name(s): Marinus Rodenburg Address: 53967 Best Line , RR#4 Aylmer , N5H 3A7 Phone No. (Home): 519-866-5443 ' Business: Fax: Email: Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant/Authorized Agent: David Roe Address: 599 Larch St . Delhi , ON N4B 3A7 Phone No.: 519-582-1174 Fax: E-mail: dfrfezme .com Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (x ) 3. Legal Description of the land for which the amendment is requested Roll # 3401 000 005 05500 Concession: 9 Lot: 5 Reference Plan No: Part Lot: Street and Municipal Address No.: (Wllo deo /,/�' f/ What is the size of property which is subject to this Application? Area: 10 ,080m2 m2 Frontage: 128m m Depth: 80m m When were the subject lands purchased by the current owner? Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Hamlet How does the application conform to the Official Plan? Proposed residential use permitted in Hamlet designation . 5. Existing Zoning By-law Classification: HR (h) What are the current uses of the subject lands? Residential If known, provide the length of time these uses have continued on this property. If there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks House 15 .9m 17 .33m/21 .6m large 2 storey Shop large 4 .04m/large 12 .5m 4m 2.j tum Shed large 3 . 15m/large 5.78 2m If known, provide the dates in which each of these buildings were constructed. 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Removal of holding provision to permit future development . , (J20-0-1- Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? to complete severance and permit futurc dcvelopment 8. Does the proposed Zoning By-law amendment implement a growth boundary YOes/No adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes/No No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) Permit existing dwelling on severed lot and new houscs on severed lots . For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks Will meet by—law setbacks . Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a El Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( x ) ( x ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( x ) ( x ) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: SWM plan has been submitted Proposed Outlet: municipal drain Lori'"?.1-7) t Ir-7 ?/t4-4e • Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( x ) Municipal Road — maintained all year ( ) Municipal Road —seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( x ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. E6/17 , E7/17 and 8/17 Approved February 22 . 2017 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? Residential uses permitted within a designated settlement area — hamlet of Corinth . 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling, please provide the following information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Roll # 34 - 01 - 911 Address: Zoning Classification: I/We, David Roe , of the of , in the County of Norfolk , do solemnly declare: (i) that I/We am/are the owner(s) of the lands described above (ii) that to the best of my/our knowledge and belief, all of the information and statements given in this application and in all exhibits transmitted are true. (iii) that I/We hereby appoint to act as an Agent on my/our behalf in all aspects of this application. Owner(s) Signature(s): (Agent) And I/We make this solemn declaration conscientiously believing it to be lue, and knowing that it is of the same force and effect as if made under oath, and by virt 6o e "Canada Evidence Act". DECLARED BEFORE ME at the: , Municipality of Bayham Owner/Agent in the County/Region of Elgin this /7- day of January 20 18 Owner/Agent " ;a/47" 11 MARGARET UNDERHILL,a Commissioner, efe9 A Commissioner, etc. Deputy Clerk of the Corporation of the Municipality of aayibae SKETCH FOR PROPOSED SEI FRANCE PART OF LOT 5 CONCESSION 9 GEOGRAPHIC TOWNSHIP OF BAYHAM COUNTY OF ELGIN >7 NOT 70 SCALE 1 .•Q GRICULTURA g Q TO BE RETAINED co I--< N 90'00'00'E 80.000 >--1 Z)^ 3.15 A 1 I Z " ell rev> \Ped 02 i PARCEL 'A' u) TO BE SEVERED 1 w AREA - 4000.0 yI 1 c 15.90 r Q Q SQUARE METRES , QQ 2 STOREY I U 2S DWELLING Ce'rn-vcd 's$ V/IWO.(6! s s Q / m Q C��e1p`J N L zee. METS 02 � Ill /71 SING 5-3-1N-.)- N y' 13.94 >--..., 1250 Y4*04 Y v O 1-‹ N 90'00'00'E 80.000 B r /a PARCEL "B" o _I TO BE SEVERED AREA - 3040.0 to A n, SQUARE METRES Z mo. / w Q I Z cF>)`V, ¢-eY'wti c�55 al 2Q 1Q-, 7.50 10 . I< N 90'00' ' v E Y 80.000 >v IA Lo 00 O o 8 z _1 S W W _1 La D s PARCEL "C" s > P, TO BE SEVERED ss z g AREA so 3040.0 2 2 Q SQUARE METRES Q u 1x-< N 90'00'00'E 80.000 4,,I Q Q U TO BE RETAINED o a Ir, IAQ giGa RICULTURAI� 0 Q 4 'L0 I a KIM HUSTED SURVEYING LTD. W ONTARIO LAND SURVEYOR o30 HARbfY MEET,IL SOBURO, ONTARIO,N40 3J8 PHONE 519-842-3638 FAX: 590-842-339 PROJECT: 16-12519 REFERENCE:FF6 DISK No. C:\INCAD2016\16-12519.dwg, 2016-12-14 3:41:12 PM, DWG To PDF.pc3 LETTER OF AUTHORIZATION DATE: January 2018 TO: Clerk/CAO Municipality of Bayham DESCRIPTION AND LOCATION OF SUBJECT LANDS: Part of Lot 5, Concession 9, Municipality of Bayham I, Marinus Rodenburg the undersigned,being the registered owner of the above lands hereby authorize: David Roe, Civic Planning Solutions Inc of the County of Norfolk 1. Make this application on my/our behalf; 2. Appear on our/my behalf at any public meeting/hearing; 3. Provide any information or material required relevant to the application. Dated at the Municipality of Bayham This (7 day of January 2018 /0/ Signature of Witness Signature of Owner THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z672-2017 RODENBURG 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 "B", by deleting from the Hamlet Residential — holding (HR[h1/h4]) Zone and adding to the Hamlet Residential (HR) Zone those lands outlined in heavy solid lines and marked HR on Schedule "B" 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 AND SECOND TIME THIS 15th DAY OF FEBRUARY 2018. READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF FEBRUARY 2018. MAYOR CLERK I i TtLvvE h, , . • 0 6 HR This is Schedule "A"to By-law No. Z672-2018, passed the day of , 2018 Mayor Clerk MUNICIPALITY OF BAYHAM CORINTH SCHEDULE B Legend NORTH f;,, LPRCA Regulation Limit 0 37.5 75 150 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 Metres INNYHA _ _ REPORT DEVELOPMENT SERVICES pol'tunity Isco TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: February 15, 2018 REPORT: DS-13/18 FILE NO. C-07 / D09.18 DePlancke Roll # 3401-000-006-04900 SUBJECT: Consent Application E3/18 Deplancke—Addition to a Lot BACKGROUND A Consent Application was received from the Elgin County Land Division Committee submitted by Danny DePlancke proposing the severance of 2234.7 m2 (0.55 acres) parcel of land and to retain 11.25 ha(27.81 acres) of land. The severed parcel is intended to be consolidated or merged with the adjacent existing rural residential parcel to the south of the subject lands. The subject lands are described as Concession 8 Part Lots 16 & 17, known municipally as 56055 Eden Line. The subject lands are designated "Agriculture" and "Natural Heritage" on Official Plan Schedule "Al" Municipality of Bayham: Land Use and "Hazard Lands" and "Significant Woodlands" on Schedule "A2" Municipality of Bayham: Constraints. The subject land is zoned Agricultural (A1) and LPRCA Regulation Limit and the land to which the parcel is intended to merge is zoned Rural Residential (RR) and LPRCA Regulation Limit on Schedule "A" Map 5 in Zoning By-law No. Z456-2003. Elgin County Land Division Committee will consider the application on February 28, 2018. DISCUSSION: All of the structures located unknowingly on the DePlancke lands owned by the adjacent neighbour are subject to consultation and approval of the LPRCA as this area is, according to our mapping, located within the LPRCA Regulation Limit. Being that the application proposes the "addition to a lot" that was severed from this property in 1995, it is anticipated the landowner will approach the Municipality in the future proposing to Staff Report DS-03/18 Deplancke 2 convey a 1' X 1' parcel to the Municipality to alter the legal description of the original severed parcel in order to facilitate the merger of the parcels. Council has previously approved similar transactions. Please review the planner's memorandum dated February 7, 2018 as it analyzes the application subject to the PPS 2014, Elgin County Official Plan, Bayham Official Plan and Zoning By-law policies. Staff and planner recommend Council's support of the application with the listed conditions. ATTACHMENTS 1. Consent Application E3/18 Deplancke 2. IBI Memorandum Dated February 7, 2018 RECOMMENDATION THAT Staff Report DS-13/18 regarding the Consent Application E3/18 submitted by Danny Deplancke be received; AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E3/18 be granted subject to the following conditions: 1. Rezoning of the both the severed and retained parcels to meet Zoning By-law regulations 2. Planning report fee payable to the municipality 3. Copy of the final survey digitally provided to the municipality 4. Letter of Undertaking providing for the merger of the severed parcel with Assessment Roll # 3401-000-006-04920 being the adjacent southerly parcel as per the consent application 5. The owner of the adjacent lands Roll # 3401-000-006-04920 consult with and obtain any required permits from the Long Point Region Conservation Authority for the structures located within the Regulation Limit and demonstrate there will be no negative impacts on the natural features or their ecological functions in the "Significant Woodlands" lands Respectfully Submitted by: Reviewed by: �r Margaret Underhill Pau(Swy Deputy Clerkplanning Coordinator ✓ CAOICIerk • • _ ED • • • Etgo-39, f cuRri-cfstati ...• • _______LANDDivoNcotimrrree . , • — APPLICATION POil.CONSENT Pevised P31 1. Name of/approval authority MAIN COUNTY LAND DIMON COMMITTEE Name of Owner Danny DePleake Address 5 6 05 5 Sden Line, P.0,,Box 13. Tillaonburg • Telephone Nterther 519-866-5888 ErnaN ON N4.6 4113 Name of owner's solicitor orauthorixed agent David Roe • Address 599 Larch St. Delbi.. PN N4B 3A7 Telephone muster 519-382-1174 And dfrfez me.com Please seedy to whom all communications should be sent • Owners ( ) SoNctor( ) Agent(X) & (a) Type end purpose of proposed fransaolon: (check appropriate seam) Transfer creation of a new lot Other: mortgage/0018e • x addition to a lot lease ' smite term dwelling eaSernertIR.O.W. tschnloal aeveranos - ,ooffetrlion of tie other One* (b) Name of person(s),N Immo,to arnorn land orinterestin lend is to be gansferred,leased or charged: Karin and John Lansink (c) its lotaddfdon,identify the assessment roll manber and properly owner of the lends to which the parcel wig be added: 3401 000 00404920 4. (a) Location of land: Municipality Davham Concession No. 8 tat(s)No. 16 & 17 Registered Plan No. 11116156 en 2 0'5 5 I Name mat E d street No.andfor 911 No.__ 56' Assessment Roll No. .3410 000 00604900 (b) Are Nista any easements or resirictive covenants effecting the sub)ed land? Yes( ) No(a) N Yes,describe the easement or covenant and Reelect 5 Description of land intended to be severedt (Accurate Measurements in Metric) twx19 16m mnx Doh 474.4m • ARA 2214..2111 2 Exkling use Residential/Open Spaceprogdeed Use Resi.d.patiali Numberand use of buildings and structures on the land tobe severed: Existing 11oo1, pool house, tire pit, play.set. corner of_'patio Proposed nothing 6. description of land intended to be retained: (Accurate Measurements in Metric) Frontage 317za Depth. 520m • AA2 Z7.111 ar Esdating.Use Residential/Open Space Proposed Use No chaise Number and use of braidings and structures on the land to be retatned: Existino Nouse. *erase Proposed.• 40Swand. nohnu.ng 1.447V5t2•=br.Z0 -2- 7. Number of new lots proposed(including retained lots) 0 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road, maintained all year ( ) n/a ( 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. (a) 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 ( )n/a (x ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide,written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) 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 ( ) n/a (x ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? no change to existing systems 12. What is the existing Official Plan designation(s)of the subject land? Agricultural, Natural Heritage, Woodlands, Hazard Lands 13. What is the existing Zoning designation(s)of the subject land? Al Agricultural 1 -3- 14. Has the subject land ever been the 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 ( x) No ( ) (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 unknown • Use of parcel Residential Date parcel created 1995 17. If this application is for a lot addition,has the lot to be enlarged ever been the subject of a previous severance? Yes (x) No ( ) • If Yes,provide the previous severance File No. 1995 18. (a) 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. n/a • • 19. (a) Are there any barns within 750 metres of the proposed severed lands?' Yes ( ) No (x ) • i) Now used for livestock? Yes ( ) 'No ( ) ii) Capable of being used for livestock? Yes ( ) No ( ) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. 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) 21. Is the subject land currently the subject of a proposed official planor 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 theapplication • • • -4- 22. 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 ( ) No ( x) If Yes,and known,specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent PPS Section 2.3.4.2 lot adjustments in Agricultural areas — technical reasons includes. mi o boundarychanges 24. 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 25. 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. 26. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 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. 27. DETAILED SKETCH: The application shall be accompanied by a detailed 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 municipal 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 oh 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; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - 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. -5- Dated at the Municipality of Central Elgin this 3 aof January 20 18 SIGNATURE OF AP ICANT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION INVe David Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true, and INVe 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 Municipality of Central Elgin in the County of Elgin V Signature this 3.4 day of January David Roe Agent 20 18 Signature ' DIANNE LYNN WILSON,Deputy Clerk for The corporztion of the Municipality of Central Egin.A Commissioner for talo affi av t .v the County cf Elgin A Commissioner, etc. in the Province of Ontario. 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 filed,together with one copy of the detailed 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 January 1, 2018 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: F - i -. 16/C7 I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize DA.)ko C-clE of DE/1# l to: (Agents Name/Names) (Agents City/Town 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 at the of /r 1�se>�N ��-cam this �H day of Occc, 20 I 7 Ade_ariL Signature of Witness Signature o ner Signature of Witness Signature of Owner. Signature of Witness Signature of Owner k li (2 ELGIN MAPPING /1 31 Agricultural „ " t Aq { j(t 'lml p u y i t h sp Legend ""' RSldenti r 0 Elgin Parcels �, . 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Sp—Septic i , P-Pool Complex ' ` (pool,pool house,fire pit, , • • shed,play set,patio) • I fj • I r I IF I'I 1:4,514 Notes 02 0 0.11 02 rolometers r , Thls map Ise user generated static output from art Internet mapping gte and Is for reference only.Data layers that appeal on this map mayor may not be accurate, WGS 1984 Web_hletcalorJruxltiary Sphere current,or otherwise reliable. ®Latitude Gong raphlcs Group ltd. 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J k : ;,z k-� , y r j it av# : ` Sytems'I � V� , ka8na - ete ump1 a { f ; $ x�4;" . I: c t �---,.,/,51.--,,,----..--,' 1.--,,,,' "v 4 3 r '. i pecasai _,, i ' I x ° } i ` 1 t_4 i ' ', „ st" ... s::...,.;,,.4., :i,.'...,,-.::-.....-..',-,'-... t l § 1as 7 rPjr . . . d, � x R.,-,, # f ; K . Gfti` - ?a " . .._-' A; � �z..r3:- ir: 7. i i t .,4 ,=?TW'zI.6- Phone (519)688-0350 Fax (519)688-0570 ;'9,10 14851 BAYHAM DRIVE M sz=sx nr se-e a DOW Et.-&" - P.O.BOX 98 EnGMAT"3 ffG. TAOCKYN6,. SHOW REMOZAL TILLSONBURG,ON N4G 4H3 TOPSOIL & CRAW-L KIRWINOATMAN.COM January 23,2018 To: Whom it may concern Re: Application for Consent for Danny DePlanke This letter is to serve that Kirwin&Oatman Excavating Ltd.,a licensed septic installer(License Number 17579),verifies that the house property located at 10342 Sandytown Road belonging to John and Karen Lansink,has a septic system that is in satisfactory operating condition. Sincerely, n A Dave Oatman,President Kirwin&Oatman Excavating Ltd. DO:gs Phone (519)688-0350 Fax (519)688-0570 `'L''I Ii �l 7 14851 BAYHAM DRIVE set ffi saw*air tat 'etaa_ P.O.BOX 98 EXCAVATING. TR(lCKIN$,, SNOW REMOVAL TOPSOIL & GRAVEL TILLSONBURG.ON N4G 4H3 KIRWINOATMAN.COM January 23,2018 To: Whom it may concern Re: Application for Consent for Danny DePlanke This letter is to serve that Kirwin&Oatman Excavating Ltd.,a licensed septic installer(License Number 17579),verifies that the house property located at 56055 Eden Line belonging to Danny DePlanke,has a septic system that is in satisfactory operating condition. Sincerely, 1 cljCJl„ Dave Oatman,President Kirwin&Oatman Excavating Ltd. DO:gs 1=-1 IBI GROUP 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 fax 519 472 9354 I ibigroup.com Memorandum To/Attention Municipality of Bayham Date February 7, 2018 From Paul Riley BA, CPT Project No 3404-681 cc William Pol, MCIP, RPP File Subject Danny DePlancke-56055 Eden Line, Concession 8, Part Lots 16 & 17-Application for Consent E3/18 1. We have completed our review of the consent application submitted by Danny DePlancke for lands located at 56055 Eden Line, south side and east of Sandytown Road. The applicant is requesting consent for severance of 2,234 m2(0.5 acres)of land and to retain 11 ha(27 acres) of land. The intent is to add the severed lands to the adjacent residential parcel to the south. The owners of the residential parcel unknowingly constructed a pool, pool house, fire pit, sidewalk, children's play equipment and flower bed on the severed lands and would like to consolidate the lands to one residential parcel. The lands are designated Agricultural and Natural Heritage on Schedule"A": Land Use; and Natural Hazard and Significant Woodlands on Schedule "A2": Constraints in the Official Plan. The lands are zoned Agriculture (A1) on Schedule"A", Map No. 5 in Zoning By-law Z456-2003. 2. The land intended to be severed is an irregularly shaped portion on the south of the lot to be added to the adjacent residential parcel. The severed lands have a lot width of 32 m and lot depth of 114 m. The proposed boundary comprises the top of bank of the creek that runs east to west through the subject lands. The adjacent residential parcel comprises of a house and two storey garage. The retained lot is irregularly shaped, having a lot frontage of 337 m (1,105 feet) and a lot depth of 520 m (1,706 feet). The retained parcel comprises of a house and garage fronting on Eden Line surrounded by creek and woodlands. The retained lands are disconnected from the severed lands by the creek. There is farmlands to the east and north and three residential parcels to the west. 3. The Provincial Policy Statement 2014 (PPS) Section 2.3.4 Lot Creation and Lot Adjustments discourages lot creation in prime agricultural areas. No lot will be created when the severed lands are consolidated with the residential parcel. Section 2.3.4.2 allows for lot adjustments for legal or technical reasons. Considering that no new lot is created and the change is for technical lot adjustment purposes the proposed is consistent with the PPS. 4. The Elgin County Official Plan Section E1.2.3.2 Boundary Adjustments indicates that consent is permitted for the purpose of modifying a lot boundary without creating a new lot. The applicant proposes to sever the lands for lot addition to the abutting residential parcel, without the creation of a new lot. Based on the topography of the severed lands the reduction in size of the retained lands does not affect the viability of the lands for future farm uses. The IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects 181 GROUP MEMORANDUM 2 Municipality of Bayham—February 7,2018 proposed consent is consistent with the Elgin Official Plan because no new lot is created and the viability of the future farm uses is not affected. 5. The Municipality of Bayham Official Plan Section 2.1.9 Minor Lot Adjustments indicates that minor boundary adjustments to convey land shall be permitted if no new conveyable lot is created. Based on no new lot being created the consent is consistent with the Official Plan. 6. The Official Plan includes policies on Natural Heritage and Natural Hazard for the creek lands designated Natural Heritage, Natural Hazard and Significant Woodlands. The severed lands and lot addition lands are in the Natural Hazard and Significant Woodlot designation. Section 2.2.3.2 indicates that development or site alteration will not be permitted in Significant Woodlands unless it has been demonstrated that there will be no negative impacts on natural features or their ecological functions. Section 6.1.2 indicates that no buildings or structures shall be permitted in the Hazard Lands designation without a permit from the Conservation Authority. 7. The subject lands are located in the Agricultural(A1)zone in By-law Z456-2003.The proposed lot configuration is below the minimum of 20 ha where 11 ha is proposed. In order to recognize the lot area deficiency we recommend that site-specific regulations be included in an amendment to the Zoning By-law of the Municipality of Bayham. The lot addition lands to the south are zoned Rural Residential (RR), therefore, the Zoning By-law amendment should include rezoning the severed lands to RR to be consistent with the rest of the parcel. 8. Based on the above review of consent application E3/18 we have no objection to the proposed consent subject to the following conditions: • That the proposed retained lands are rezoned to a Site-specific Agriculture (A1-XX) Zone to recognize the minimum lot area deficiency of 11 ha where 20 ha is the required minimum; and, • That the severed lands are rezoned to a Rural Residential (RR)Zone to be consistent with the lot addition lands, • The severed lands are merged with the residential lands to the south, • That the applicant obtain a permit from the Long Point Conservation Authority for the structures in the Natural Hazard lands and to demonstrate that there will be no negative impacts on the natural features or their ecological functions in the Significant Woodlands lands. • e aid IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham y i {' ip i ONTARJC� FARMLAND TRUST ''''r• . -, , _ _ Building 9 p Farmland "` ,k; " Viability In ibk. • N I , _ . , Ontario t. s It 4.4 II 4 ' hi Thursday,April 5th, 2018 Wellington & District Community Centre, Prince Edward County Co-hosts: Prince Edward County, Prince Edward Federation of Agriculture, Prince Edward Chamber of Commerce, and the Prince Edward County Winegrowers Association � F �0.7ouRr ke PRINCE EDWARD if G, cap ,..___Almill ' IVALL '' s ,,- E-$4'd Fs ",re 4 T IeC:[ L my 1 `� .y 3. WINEGROWERS rft.6 Er..t'' .Inex IMMOCPA'.•::n4IVP ASSC}t:]ATI(?N Program 8:30 am Registration (Refreshments and light breakfast provided) 9:00 am Welcome,Opening Remarks Kathryn Enders, Executive Director, Ontario Farmland Trust Bill Roberts, Chair, Community Economic Development Commission Robert Quaiff,Mayor, Prince Edward County 9:30 am Keynote Speaker—British Columbia's Experience in Farmland Protection and Viability: Perspectives and Experiences from the Agricultural Land Commission Kim Grout, RPP, CEO, Agricultural Land Commission The Agricultural Land Reserve (ALR)is a provincial zone within British Columbia where agriculture is recognized as the priority use. Through the ALR,4.6 million hectares of agriculturally suitable land is protected across the Province.We will hear from the Agricultural Land Commission, an independent administrative tribunal that administers the ALR, about their experience protecting agricultural land and preserving its viability. This session will provide a valuable opportunity for Ontario land use planners and policy makers to learn more about this unique agricultural land protection model used in British Columbia. 10:30 am Panel—Planning Strategies and Tools to Preserve and Support Agricultural Viability LEAR—A Method for Determining Prime Agricultural Designations in Prince Edward County,Paul Walsh, RPP, Manager of Planning, Prince Edward County Harvesting the Benefits of Agricultural Advisory Committees: Perspectives from Halton Region,Anna Demarchi-Meyers,Agricultural Liaison Officer, Halton Region Community Improvement Plans: Aligning fiscal tools,land use regulations,and processes to support rural business and tourism in Haldimand County, Craig Manley, RPP, General Manager Planning&Economic Development,Haldimand County Facilitator: Margaret Walton,RPP,Ontario Farmland Trust Board Member 11:30 am Lunch and Networking 12:30 pm PLENARY: Provincial Policy Perspectives: How the Ontario Ministry of Agriculture, Food and Rural Affairs is Promoting Integration of Farmland Protection and Viability Helma Geerts, RPP, Policy Advisor, Ontario Ministry of Agriculture, Food and Rural Affairs OMAFRA will present on how provincial land use policy supports agricultural viability in Ontario. In particular, Helma will discuss how provincial policy and Guidelines on Permitted Uses in Prime Agricultural Areas help to maintain the agricultural land base and support a viable agriculture industry and rural economy. Examples will be provided of how farms are diversifying,particularly in Eastern Ontario. New Agricultural System policies for the Greater Golden Horseshoe and OMAFRA implementation procedures will also be touched on, as a new way of supporting a thriving agri-food sector. 1:20 pm PLENARY: Success Stories from the Field—How has planning positively influenced these Prince Edward County agricultural businesses? The Grange of Prince Edward Estate Vineyard&Winery, Caroline Granger The Campbell's Orchards, Colin Campbell Sunset Farms & Cabins,Matt Rabbie Facilitator: Former Minister of Agriculture Hon.Lyle Vanclief 2:05 pm Networking and Health Break 2:30 pm PLENARY: Viable Farmland: Ontario's Past,Present, and Future Sara Epp, PhD Candidate and Sessional Lecturer, University of Guelph Ontario farmland viability has morphed and evolved over time. Together,we will travel through the province's history to determine how agriculture viability was supported during Ontario's past and present,as well as its future directions. Examples of current initiatives in support of agriculture from both southern and northern Ontario will be presented. 3:15 pm Wrap up& Concluding Remarks Bernard Pope, Chair, Ontario Farmland Trust Kathryn Enders, Executive Director, Ontario Farmland Trust A special thanks to our supporters: NI ITY Ontario A Professional lane on,ai Ontario SCE-100-1.or ENVIRONMENTAL DESIGN ' lin ' Institute AND RURAL IDEVELOPt1ENr Ow uirkte mutuca CONSERV'A]IONJ ELGIN ST. THOMAS PUBLIC HEALTH Healthy Communities Partnership September 28, 2017 9:00-11:OOam Elgin Room 1 & 2 MINUTES Chair: Dan McKillop (Dutton Dunwich) Recorder: Jessica Lang Attendees: Dan McNeil (Central Elgin), Arthur Oslach (Aylmer), Rod Tapp (Aylmer), Megan Pickersgill (Railway City Tourism), Jessica Debackere (Elgin County Tourism), Adrienne Jefferson (St. Thomas Parks and Recreation), Margaret Underhill (Bayham), Chris Cox (Malahide), Lisa Vanderwallen (Southwold) Guests: Regrets: Linda Stevenson, Mary Bodnar, Heather James 1. Welcome to all and welcome back Dan McKillop — included roundtable introductions and a welcome to some new faces including Lisa Vanderwallen who is the new CAO for Southwold. 2. Review and Approval of Agenda 2.1.Additions to the Agenda — 2 additions: 1 . Community Leaders Cabinet update from Dan McNeil and 2. Age Friendly Strategy and Seniors Community Grant from Jessica Lang. 3. Approval of minutes from June 20 meeting — minutes were approved with no edits. Motioned by Chris Cox and Seconded by Arthur Oslach. All in favour of accepting minutes. 4. Business Arising 4.1.Update on the West Rail Trail and Bike Share Pilot Project — Jessica Debackere • Jessica Debackere and Alan Smith met with a consultant from WSP in early September. County staff have been looking at the old rail land from an environmental perspective to assess any future implications or maintenance required for the County. They are presenting a report to County Council in December on the business case for the West Rail Trail. Elgin County has also been in contact with Zagster a company that offers a bike share program. The County is looking for partners to support this project. This program uses a smartphone app to book/access bikes from a locked area. They will present the feasibility of implementing this as a pilot project to County Council in December. Page 1 of 5 ELGIN ST. THOMAS PUBLIC HEALTH 4.2.Collective impact and Trillium Funding update — Jessica Lang • Capital grants are now available through Trillium for individual municipalities to apply for. Eligible expenditures include equipment, renovations or repairs to community spaces. Dutton considered this grant for a splash pad but are not applying at this time. Malahide is applying for new equipment for their baseball diamond in Springfield. • Jessica Lang provided an update on activities over the course of the summer including a conference call with the Active People Strategy Lead at Trillium and the Vice President of Tamarack, which is the primary training agency of the Trillium Foundation. The Partnership discussed the history of working with Trillium on collective impact applications and conversations had over the course of the past year. In the end, stage 2 funding was not received for Get Active Elgin strategy. The Partnership needs to decide next steps. • Decision: the Partnership will plan to apply for a Grow Grant in June 2018, which is another Trillium investment stream, as suggested by the board of directors. The group agreed to keep another collective impact application on hold for now. Dan McNeil encouraged municipalities to apply for a grant on their own. Jessica Lang offered to be a resource to any municipality seeking assistance with a grant application or with writing a letter of support. Dan stated the importance of staying flexible and opportunistic with respect to funding opportunities that become available. Jessica has been in touch with the Public Health Agency of Canada regarding potential funds but nothing is confirmed at this time. Jessica will keep the Partnership informed. Bayham is interested in having more bike racks in the future, if funding is available. 4.3.Community Leaders Cabinet (CLC) Update — Dan McNeil (see link to their website) • Dan met with the CLC on September 27. This is a high-level group of decision makers who is working together to improve quality of life for Elgin St. Thomas residents. They will continue to meet quarterly. Transportation is one of their key priority areas. Laryssa, a Public Health Nurse has been working with Jessica on mobilizing community partners to discuss opportunities and compare other models implemented in other rural communities. Laryssa gave an update on progress being made to the CLC. (see notes) 5. New Business 5.1.Multi-sectoral transportation strategy & municipal buy-in — Dan McNeil • Elgin St. Thomas Public Health continues to work with community partners to identify opportunities and models implemented in other rural communities to increase access to affordable transportation. Access to transportation influences access to recreation, health care services, employment and overall quality of life • A list of current transportation options in Elgin St. Thomas has been created Page 2 of 5 ELGIN ST. THOMAS PUBLIC HEALTH • Kate Burns, Elgin County Economic Development Coordinator has issued a survey to Elgin County residents this year. Lack of transportation one key issue. • Transportation was one of the top two needs identified in the age friendly needs assessment this year. Active transportation is one element of broader system. • Action Items: Jessica will follow up with Kate Burns to obtain this data • Action Items: Jessica will obtain and share the transportation update provided to the Community Leaders Cabinet. These notes will be sent with the minutes from today's meeting. 5.2.Age Friendly Strategy and Seniors Community Grant Program — Jessica Lang • The Age Friendly Steering Committee has hired an external consultant to conduct a needs assessment. The results were shared at a community forum in June, followed with a discussion paper issued over the summer. An implementation planning workshop was held at ESTPH on September 21 to review emerging goals and identify strategies to move forward as a community. • Access to affordable housing and transportation are the top two priorities. • Seniors also identified trails and paths as a recreational need in Elgin St. Thomas. • Dan McNeil commented on the importance of staying socially connected to one's community and the need for subsidized housing options for seniors. The Port Stanley Village Association has been involved in the age friendly strategy and has communicated to Central Elgin Council the need for affordable seniors housing. The Association has applied for the Seniors Community Grant Program to work with the municipality to offer subsidized housing in Central Elgin. • The age friendly community plan/final report will be ready by the end of October. • There will be presentations to both City (St. Thomas) and Elgin County Council. 5.3 - Outdoor Fitness Equipment in Public Parks • Jessica circulated an article from the Alberta Centre for Active Living, highlighting while outdoor fitness centres can be a great asset to enhance the quality of parks, they may be underutilized if not well promoted with instructions on how to use them. • Jessica suggested that funds from the Healthy Kids Community Challenge may be offered to all municipalities to purchase outdoor signs to install near fitness equipment at parks. She also suggested that information can be posted on the Active Elgin website. • Dan McKillop commented that the trail in Dutton is well used and new equipment was added as well as a bench. • Malahide considered outdoor equipment but has since been working with Talbot Trail Physiotherapy to promote exercise options outside 5.4 — Healthy Kids Community Challenge Theme 4 & Outdoor Ice Rinks Page 3 of 5 ELGIN ST. THOMAS PUBLIC HEALTH • The next theme for the Healthy Kids Community Challenge is Power off and Play • This theme runs from January — September 2018 and will include promotional activities during the winter, spring and summer • The emphasis is on reducing recreational screen time and promoting outdoor play • Schools and school boards as well as the conservation area have been approached • The outdoor ice rinks, initially offered as part of the physical activity theme may continue to offer an option to be active outdoors this winter while reducing screen time. Jessica asked the Partnership to use some funds remaining on ice rink liners or other equipment that may be needed in order to sustain this community program. • Decision: The vote was unanimous to use funds remaining in the HCP budget (approximately $3000) to purchase outdoor ice rink supplies. • The group also discussed offering free skates and swim times to the public as part of the Healthy Kids Community Challenge theme 4. • The workplan and budget are due to the Ministry on November 15. Therefore, all information about planned activities and budget need to be identified before then. • Action: All municipalities are to inquire about the cost to offer a free skate and/or swim time to the public and send this information to Jessica by November 1, 2017. 6. Standing Items 6.1.Financial Report — Jessica shared the most recent financial statement from Central Elgin. There is $14,898 remaining in the budget. $11,569 is pre-allocated to Elgin County to work with a consultant to assess the business case for the West Rail Trail. Action: Jessica Debackere to follow-up and send Jessica Lang an invoice no later than November 30. As discussed the remaining funds of less than $3,000 can be spent on outdoor ice rink liners and supplies. Action: Jessica Lang to proceed with purchase of supplies as needed. 6.2 Citizens 4 Active Transportation (C4AT) • C4AT was involved with the Children's Festival led by the Optimist Clubs at Optimist Park on Saturday September 16. • Elgin St. Thomas Public Health partnered with the St. Thomas Optimist Club this year as an alternative to leading the Downtown Bicycle Festival • The event was well attended with 372 children and over 200 adults in attendance • C4AT and the Railway City Cycling Club have been in contact with Justin Lawrence and Ross Tucker from the City of St. Thomas and presented to City Council on September 11 to obtain their support for a new mountain bike park off Water Tower Road. Further investigations are needed to identify the insurance policy. • C4AT has been a key supporter of the St. Thomas Bicycle Friendly Community award. The chair of Share the Road presented to City Council on Sept. 11 . C4AT wants to pursue the next level, which is the silver designation and is currently reviewing the key recommendations in the BFC report card issued by Share the Road Page 4 of 5 ELGIN ST. THOMAS PUBLIC HEALTH this year. The County of Elgin will not be applying for this award this year as all lower tier municipalities have to be up to the same standard to receive the award. Dan McNeil pointed out that the application is geared to urban communities, not rural communities. • Jessica Debackere will be contacting Justin Jones from Share the Road to discuss. 7. Next Meeting Date: Tuesday January 30th, 2018 9:00-11:OOam at ESTPH Page 5 of 5 t+y 1"7-- ' '3. 5 f_i 6 P'M 0• P P , ,,_ _ , ,.. ________ „4,_..., . .,..„-- ,_,... PO - 4 4._ -- tom; .P.P. . rt'7 . rt! ,::ia.ut,#41,i< e ori 'i 1 //"..1111011.61115111.1110 ElginCOUnt k_ Progressive by Nam n , , ,p u1+ +'xy 1b ' H4li (41$ ,-(r). li ,,, Itioti aea W / ',, c xop, ,1 iiii, a, iii.`. '.P. P • I OW 1 r . E "Committed to public safety, delivering proactive and innovative policing in partnership with our communities” Table of Contents Governance and Accountability 3 Police Service Board Detachment Commander ' t Organization 4 _ OF? Staffing - Elgin OPP Auxiliary Business Planning 6 Crime Management Plan Traffic Management Strategy Community Satisfaction Survey _ Community Policing '''"�' F - Detachment Statistics 10 Calls for Service Traffic& Marine Safety Crime Prevention Criminal Offences r, ;.,--,_ Financial Reports 16 �' r—,A r Overtime ` Revenue ,••4, 1� - •• Criminal Record Checks w RIDE Grant ppp 4 y t -- e F's * '1#' Y . g¢fC Aq • .a .R --.-��� - oil lt RI it ` 1��� ! _ POLICE f ,.. • (ELGIN COUNTY _ rapt -- - 2 0 .P.P. a Elgin Group Police Services Board MESSAGE FROM THE CHAIR On behalf of the Elgin Group Police Services Board I congratulate the Elgin Detachment on another successful year. Day in and day out our Officers and staff perform their duties in an exempary fashion. Chair: David Marr Regular reports to the Board gives us an appreciation of the Doug Gunn complexities of modern day Police work and the challenges Joanne Ferguson encountered. We look forward to our continued work with Inspector Bonnie Vowel Fishleigh in 2018. Jim Jenkins Sincerely David Marr Chairman of the Board Detachment Commander On behalf of the dedicated officers and staff of the Elgin OPP Detachment, it gives me great pleasure to present the 2017 Annual Report. This report will demonstrate the high level of commitment Elgin County OPP has brought to 1AP all municipalities of the Elgin Group. Elgin officers and staff have worked in partnership with many stakeholders including our partners in the Provincial and Ontario Courts, Family and Childrens Services, The Ministry of Natural Resources, neighboring OPP all Detachments and Municipal Police Services, and the dedicated members of our Community Policing Committees, to deliver a "community first" policing service. Inspector Brad Fishleigh In 2017 our policing priorities, as identified through community consultation, were Traffic Safety, Crime Prevention, and Increased Visibility. In 2017 Elgin OPP continued to focus on service delivery using the Ontario Mobilization and Engagement Model of Community Policing. We have engaged our community partners and stakeholders to form collaborative partnerships and develop strategies that will allow us to respond more effectively to social issues like mental illness, domestic violence, and issues involving youth. With the continued support of the Police Services Board, Municipal Councils, and our Community Policing Committees, Elgin County OPP will continue to provide a service that is professional, transparent, and appropriate to the circumstances, respecting the individual dignity of all persons. ELGIN COUNTY OPP Police Service Board Elgin County CAO Inspector Detachment Commander Staff Sergeant Detachment Manager Auxiliary Unit 1 Patrol Sergeants (4) Detective Sergeant H Detachment Sergeant Patrol Constables (28) Detective Constables (4) I Civilian Administrative Assistants Emergency Response Team —I Street Crime Unit(3) Community Safety Officer Court Services/ Traffic Management(3) Domestic Violence Coordinator Security Officers Detachment Analyst Community Mobilization Engagement Elgin County OPP Detachment has undergone many changes in 2017. We have combined our Property Crimes officers and Drug officer to form a Street Crime Team that works in partnership with our neighbouring Middlesex Detachment. The Elgin County Auxiliary Unit also experienced numerous changes in 2017and is led by S/Sgt, Jeff Lister. Our Auxiliary unit is currently at 13 members and we continue to recruit for future openings. The unit continues to provide a great service to the community as you will see later in this report. .1 1 . 1 i i° E JI ! i J _ ` _ .111141 ilk 4 O.pl P Elgin County Auxiliary Unit 2017 Year in Review The Elgin Auxiliary unit had a net gain of 1 member in 2017 bringing the compliment to 14.Two auxiliaries were hired on as regular O.P.P. recruit constables. Our members participated in over 40 events ranging from food drives to tractor pulls and staffed 30 marine unit shifts. Below you will see a sampling of some of the events we were able to participate in throughout the year. — Port Dover — Prescription Drug Drop Off Day — Rosy Rhubarb in Shedden — Kids and Cops Fishing Derby in Port Bruce (Pt Glasgow, Springwater C.A.) —Canada Day Celebrations in Rodney and Port Burwell — Rollover Demonstration at Dalewood C.A. -Various Remembrance Day Ceremonies —Various Santa Claus Parades 2017 Patrol Community Event Training Admin Totals Hours Hours Hours Hours Total 1502 518 888 195 3103 [I I rl RsUAY.AUG UST 24,2014■WEST ELGIN CHRONICLE __ ammi: , fr:‘ . ' ' ' ' ' illiai 4 t 15 \ - i 110.• '4 • Ray Orrnerod of St Jot n Elfin demonstrates CPR and the use of a de06rillator owing a Tim ModaddeEl,acting I:14 in Dutton an Saturday.Among Mase who perticlgatedwere Fran Pfeiter(left).Jackie that."It doesn't tlrtttik,— Luh,Peter Fleuran and Dr.Kelly Jones.Officers looking on are Auxiliary Const duke McLean Dutton on Saturday. , and fond.Darren Hines. W -_. - a- 111*lev ` rt S! �� _S < .. F � ...,ter t �' iii ,, - _ iika__ae.-5 4..,r _ • roll * y y" 4P"y 410 s. ✓may j -�,tl v -_. ::J'::l!:T f � .I iI 5 -59 2017-2019 Action Plan Our Annual Business Plan has been changed to a three year Action Plan to coincide with the new OPP three year Strategic Plan. Our 2017-2019 Action Plan priorities as identified with community and Police Service Board consultation are: Crime - Reducing victimization resulting from Domestic Violence and related occurrences - Reduction in property crimes including Break & Enters and theft from motor vehicles - Reducing victimization from cyber and /or technology-enabled crime Drugs - Continued emphasis on drug investigations focusing on trafficking and drugs in schools Traffic- Concentrating on The Big Four; impaired driving, speeding/aggressive driving, inattentive/ distracted driving, and seat belt use. - Motorcycle related collisions - Animal related collisions Other - Marine patrol and emergency response on Lake Erie - Response to persons with mental illness or crisis - Reducing 911 pocket dials - Reducing false alarms Crime Management Plan Elgin County Detachment has a comprehensive Crime Management Plan that is administered through the leadership of Regional Detective Sergeant Tim Mason. The Crime Unit includes four detectives assigned to major case investigation and officers assigned to the new Street Crimes Unit investigating property crimes and drug investigation.The Domestic Violence Investigator position has been bundled with the Community Mobilization and Engagement Officer and is supervised by the Detachment Sergeant. The Crime Unit is responsible for oversight and investigation of all serious crimes that occur in our detachment area. The foundation of the plan supports the OPP Results Driven Policing methodology and focuses on public safety through crime prevention and investigative excellence. Traffic Management Strategy Elgin County Detachment has developed a Traffic Management Strategy with a goal of reducing motor vehicle collisions, specifically those that result in injury and death. Our focus in 2017 continued to be enforcement and education around aggressive driving, impaired driving, seat belt use, and distracted driving. These four driving habits are within complete control of the driver and together can have the largest impact on road safety. Elgin County Detachment continues to employ a Traffic Team designated to traffic enforcement. Our Traffic Team is dedicated to be responsive to community identified traffic issues as well as issues identified through analysis by our Detachment Analyst. Using analytics provided by our Detachment Analyst and the Focused Patrol program the traffic team will continue to focus their efforts where they are most needed and can have the greatest impact on traffic safety. We continue to work with our community partners to address the high number of car/deer collisions in Elgin County. 6 Community Satisfaction Survey Year: 2017 1. 98.4% of respondents felt "very safe" or"safe" in their community. 2. Of the 98 respondents (or 25.9%) who said they had contacted the OPP in the past year, 89.9% were "satisfied" or"very satisfied" with the ease of contacting the OPP. 3. Overall, 93.4% of respondents were "very satisfied" or "satisfied" with the quality of police service provided by the OPP. 4. 91.9% of respondents were "satisfied" or "very satisfied" with the OPP's ability to work with communities to solve local problems. 5. 83.8% of respondents were "satisfied" or"very satisfied" with the OPP's visibility in the community. Community Policing Committees Elgin County OPP is very blessed to have a strong network of Community Policing Committees to represent the municipalities we serve. We work in partnership with our committees to identify and resolve issues of crime and traffic that are identified by the community. In addition, our committees volunteer countless hours of their time to support many community initiatives, particularily those that assist children, the elderly and vulnerable groups. Elgin County has six Community Policing Committees located in West Elgin, Southwold, Port Stanley, Belmont, Malahide, and Bayham. Elgin County OPP is very appreciative of the hard work all of our committees do to support their community and the OPP. In 2017 we continued to work with our committees using the Ontario Mobilization & Engagement Model of Community Policing and all committees are now using the model as a guide to assist them in setting priorities and objectives. Ontario's Mobilization&Engagement Model of Community Policing Enforcement&Crime Suppression Community Engagement&Liaison Q Fr. q� - - 2. 4.„040urr! u � .YQf` SSES$ _ � '� wiaAY i1EF{ i .i qT vi,P 4t ''tV:. ApW.11 ' Community Safely &Consultation 1404'sarar Commu01°5 **Mop if&a Mem Pan wows Montano. M�r.......+.n....Ma .0.15.0.4 7 Community Safety Officer Constable Adam Crewdson continued in the role of Community Safety Officer (CSO) for the Elgin County Ontario Provincial Police (OPP) this year. This year we had great successes and strengthened partnerships with media outlets and other community partners. The schools were well served by the Knowledge Influences Decisions and Situations (KIDS) program throughout the County. This program is similar to the Values Influences and Peers programs that other police forces use with the grade 6 classes. Cst Crewdson was asked by the Thames Valley District School Board (TVDSB) and the London Catholic District School Board (LCDSB) to come and help with training of the new grade 6 teachers. This training showed what the program is about and how it is implemented by the OPP throughout the varying Counties the school board operates in. This was a great showing of how Adam continues to work together with other stakeholders. - mss L„ ,.i,;-• $::„.1_11 1 -1 - k * Adam continues to spend a day a week at the West Elgin High School supporting the high school and students at West Elgin. He took part in the Advice from the Ocean event, which was student lead, that saw mental health services and emergency responders come together for a fun activity filled day at Miller Park in West Lorne. Adam continues to increase our Social media presence at the West Region level. He has continually advocated for an Elgin presence on social media platforms. He has been featured on Facebook live with My FM in St. Thomas on Marine Safety, the OPP recruitment page, and other community partner's rNv. nrarsl•B.weN rf _ Meduatram u.epuLpnf aPPca. m _ ht{T SESC*+'.S!urc rose fe�m as eywlx..e..pc DY_ y[py9—D'awCy; •cgG YeIs.. rr:ey d'rcrrpl f _M,x_rar pUb999 .,es,ODD beta 0 9 -wv'cr' :MWHVUlf+t.KMIPIMM9a 7:70:0°37:' W Ag0O3WP'a* pNlaxn•^VmerqlCnroLryaaWMMnn w ^ lv r G n ki-Vver r Malraselay , 1} ION IMPAR—MAKfNG ROAr —. i' n 1 ca -a .tw I Elgin OPP was pleased to participate again this year in the Racing Against Drugs (RAD) event. This event provides knowledge to elementary school youth about the dangers of drugs in our society. It is a partnership with the TVDSB and the LCDSB. Youth from all schools in Elgin County, St. Thomas, and Aylmer attend this event. Cst. Crewdson played a key role in facilitating the overall groups in addition to the OPP pit stop. It was a very busy week, with lots of energy, well worth the impact it has on our community's youth. Dr 110 41 _1 01 , i„ # _ ____ 8 Constable Crewdson was highly involved throughout our communities in Elgin County. He partnered with the Ontario Early Years Center visiting the children and families that attended the drop in events throughout the County. These visits have Adam speaking with the young children, showing them his police cruiser, and reading the group a children's book. Adam was able to visit groups in West Lorne, Straffordville, and Port Burwell. He is looking forward to connecting with all groups offered throughout the rest of our communities. . f- .h . 1' L 3 y4 ILI A 1 kPt)CIGE ..( iT3N 'OR .- t Y 1 F (Springfield Library—2017) Constable Crewdson also dropped in on the Home Alone Programs. These programs are run by the YWCA and are for youth ages 9-12. They cover a variety of topics from kitchen safety to how to handle emergencies. Adam attends to answer the youth's questions about how the police would react to certain situations and provide information on how the children can keep themselves safe. Public safety and community well-being is a strong passion for Adam. This is another example of how he has connected with community stakeholders in our community. During the summer months when school was out, Cst. Crewdson continued to support detachment goals by being an active member of our Marine Operators out on Lake Erie within the water ways of the County. Again he brought his enthusiasm to the program by taking members of the media on the water and being active on social media. lipOPP West tOPP_WR 3 Aug 2017 v REMEMBER SAFE BOATING TFEIS CIVIC LONG WEEKEND OPP WEST REGION I4 media contact P/C Ken Johnston#boatsober#boatsafe r =C 4 BOA WEE +ENS -- - i} r rte- r. * 11 ii, 41 ZIOF OP f � - j( _ an POLICE \ \oP\ _ _ SR ARE-WE!Ailimmni Cst. Crewdson was also active with the Crime Stoppers of London-Elgin-Middlesex as one of their coordinators. Adam assisted the organization with tips, media events, and overall regional goals for the program. As you can see Cst. Crewdson is a highly motivated and valued member of our detachment. 9 .P!P". Elgin County OPP Calls for Service 14,400 - 14,257 14,200 - 14,000 - 13,800 - 13,734 13,600 - 13,415 13,400 - 13,200 - 13,016 13,000 - 12,800 - 12,600 - 12,400 - 12,200 2015 2016 2017 5 Year Elgin County Total Calls For Service 3000 - I 2000 - 1000 - 0 • West Elgin Dutton Central Southwold Malahide Bayham Dunwich Elgin E12015 1171 808 1044 2325 1204 1098 ❑2016 1079 775 1073 2416 1381 1151 ❑2017 1185 807 1092 2535 1332 1194 Elgin Group Total Calls for Service by Municipality 15% 15% ❑West Elgin ❑Dutton �1 O% 16%111111c ❑Southwold 0 Central 13% •Malahide 0 Bayham 31% 10 Elgin Group Total Calls Distribution 2017 Traffic Safety Y ` R Y $ s t,u A. - W '7" F F n.q 11j N , .1 ob,-- 1 ._t_-- „Iir.,..4_, ,,,..::,, „...„.„4„,16, ,...„ _ w, - --= _ • The safety of motorists on Elgin County roads has always been a priority for Elgin Detachment. Our Traffic Management Team is dedicated to enforcement and response to traffic complaints within the County. Officers conducted 196 static RIDE checks in 2017, in addition to other tactics used to identify and remove impaired drivers. Festive RIDE was in operation from Nov 20th to Jan 6th. During that time officers conducted 119 RIDE checks charging 8 impaired drivers and issuing 5 three day suspensions. As you can see from the Motor Vehicle Collision chart below, we have seen a slight increase in total crashes in 2017 with slightly more personal injury crashes. We will continue to use statistical analysis and focus on targeted enforcement of Impaired Driving, Aggressive Driving, Seat Belt Use, and Distracted Driving. These four factors can often be the difference between a minor crash with no injuries and a major crash resulting in injuries or death. Of the crashes we experienced in Elgin County in 2017: Fatal Crashes Remaining Crashes 2016 2017 2016 2017 Alcohol Involved 0 1 24 27 No Seat Belt 0 2 13 16 Aggressive Driving 0 2 88 98 Distracted Driving 3 0 106 98 Animal Related 0 0 310 285 800 - 600 - 400 - 200 - 0 n Damage Personal Injury Fatal Car/Deer 0 2015 586 136 5 301 0 2016 593 143 4 310 11 0 2017 552 142 6 285 Marine Safety ,moi ,_-1 w/ _.r .rr f ,1+ om , -46„, 'l OPP "1"/"Wiliple;.0 • : :-' ' -;,-'-‘ POLICE Kr- -- _ - -- _ - _ - Elgin County Detachment has 5 qualified marine operators conducting marine patrols, supported by a summer marine student and the Elgin Auxiliary Unit. The Marine Unit is out early for the May long weekend to ensure the boating public is ready for the boating season with properly equipped vessels and properly qualified captains. Officers are on the water patrolling every weekend and attend water related community events including Can-Fest, Harbourfest and Tall Ships in Port Stanley and Tub Daze in Port Burwell. The marine unit is responsible for approximately 450 square kilometers of Lake Erie and covers approximately 100 km of shoreline along the north shore of the Lake. This includes the four ports of Port Burwell, Port Bruce, Port Stanley and Port Glasgow. Year Marine Hours # of Vessels Checked # of Charges (Criminal, Provincial, Marine) 2015 259 325 12 2016 313 334 5 2017 194 303 7 , 1111. A . , _ , . . ., - . - -- -- -,....;1_,-..._-- .. • •••• . - - , _ _ . , , _ - POLICE 4 4: 12itAA'- 4 1--1 ., 7, �jf- '� i Pi Ili i Nil4 __- _,, am _ .iii Pill -1.t. fyes. . & ..4. 12 Crime Prevention In 2017 Elgin County Detachment continued our committement to crime prevention. A large component of this goal is the pro-active education provided through media outlets and presentations provided by our CSO. We continue to follow the principles of Intelligence Led Policing and are also committed to the Crime Abatement Program which centres on ensuring repeat offenders abide by the conditions placed on them by the courts upon their release. Elgin Detachment has shifted from a "Directed Patrol" program to a more specific "Focused Patrol" program. Using analytics from the Detachment Analyst we identify areas of concern and assign officers to specific focused patrols related to crime and traffic trends. This not only acts as a deterrent to crime but also helps to have a car at the right place at the right time to respond to crime and increase our odds of catching criminals in the act. 8000 - 6000 - 4000 - 2000 - 0 I I I I Criminal POA Charges Foot Patrol Focused Patrol Charges ❑2015 755 5109 856 6913 0 2016 757 5019 954 948 ❑2017 662 5396 955 411 Enforcement Statistics False Alarms - Elgin OPP officers responded to 347 false alarms in 2017 up from 291 in 2016. 911 Calls - Elgin OPP Officers responded to 569 - 911 calls in 2017 down from 613 in 2016. Break & Enter We experienced an increase in Break & Enters in the central and east end of the county in 2017 and an overall increase of 26 across the county. 50 - 40 - — 30 - 20 — --. 10 I I fl I 0 1 West Elgin Dutton Central Southwold Malahide Bayham Dunwich Elgin 0 201 26 12 10 13 15 10 0 2016 40 4 5 28 14 9 0 2017 27 8 11 35 21 24 Break and Enter By Municipality 13 Domestic Violence Our domestic violence occurrences in Elgin County have remained fairly consistent with the lower numbers experienced in previous years except for an increase in Central Elgin. In 2017 we have continued to work with our partner agencies, like Violence against Women Services Elgin County, to increase awareness and education and provide alternative services from the community. 80 - 60 - 40 - 20 - 0 West Elgin Dutton Central Southwold Malahide Bayham Dunwich Elgin ❑2015 69 28 29 53 46 56 ❑2016 52 33 34 53 41 48 ❑2017 51 25 35 66 36 50 Domestic Occurrences by Municipality Other Crimes 200 - 150 - — 100 - — 50 - _ --- 0 I I n Robbery Assaults Sexual Theft Theft Theft Mischief Auto Assaults Under Over from MV Theft 0 2015 0 113 25 132 20 39 162 45 0 2016 1 131 32 153 20 31 119 49 0 2017 1 106 24 155 28 72 150 58 Elgin Group Other Crimes Drugs 120 - 100 - 80 - 60 - 40 - 20 - 0 - - I I Occurrences Search Warrants CDSA Charges ❑2015 110 0 72 ❑2016 82 10 94 ❑2017 84 6 49 14 sr� (ff ti o � v CRIME STOPPERS °+-, 09 London*Elgin*Middlesex (800) 222-TIPS (8477) Elgin County OPP continues to support the London Elgin Middlesex Crime Stoppers Program. This program has been very successful in 2017, handling 1826 tips that resulted in the clearance of 39 criminal cases, 71 criminal charges, over$43,000 in recovered property, 9 weapon seized, and over $83,000 in seized drugs. m-N 4 ICI -. k.. "Fii t'I'''..V.WV,W=n-4. ..Z.Qrm, 40 • 10 —____-_- ‘)r ---------- i CRIME .4,6,0..6 trws,. 4.; **lb ideui.ii -iiii 1=1:5 d.Bir ..i ,.....f. —u B . uyirigi6ex Iii PROTECT ' : 4: dada is i 6 clati �.�. Duels au +d - IrTk:- -Irir' n crime e res y dpi' - - 411VA. nt 7e'SP" 'naaJe. .'' „ YOU don't wat �i aa 0,0 Neelmommumummip, tri f Ir i'1 ce 15 • \ OPP. .17 Elgin Group Overtime Report The charts below outline the overtime expended for the Elgin Group excluding provincial responsibility. Elgin County OPP has implemented a number of strategies to reduce the use of overtime, including the creation of overlap shifts from 3:00 pm to 3:00 am and noon to midnight to match peak time for calls for service.ln addition there are policies that govern when officers are called in on overtime. 3,900 - - 3,800 - 3,775 3757 3,688 3,700 - 3,600 - 3,568 3,500 - 3,400 - 3,300 - 3,242 3,200 - 3,100 - 3,000 - 2,900 1 2013 2014 2015 2016 2017 14% 11% 0 West Elgin 11% ■Dutton Dunwhich 14% ❑Southwold ❑Central Elgin c5i10% •Malahide ❑Bayham 40% Overtime Expenditure by Municipality 2017 16 Elgin Group Revenue Report The chart below outlines the revenue collected on behalf of the municipality for services provided by the OPP. JANUARY FEBRUARY MARCH APRIL MAY JUNE JULY $ 3,109.08 $ 2,598.89 $ 3,263.29 $ 3,850.22 $ 4,245.82 $ 3,727.45 $ 4,649.79 AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER TOTAL: $ 44,394.57 $ 4,316.81 $ 3,501.34 $3,601.77 $4,695.81 $3,834.30 Criminal Record Checks The chart below provides a breakdown of criminal records checks completed by Elgin Detachment in 2017, an increase of 5 checks more than those completed in 2016. Of the 2762 Criminal Records checks completed 196 persons required fingerprints for RCMP verification. Criminal Record Checks 2017 Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec Total Vulnerable Screening 107 124 136 155 234 218 132 168 279 251 163 83 2050 Regular 52 38 49 61 58 48 39 38 33 24 33 32 505 Other 12 11 18 11 19 13 14 22 8 27 32 20 207 TOTAL 171 173 203 227 311 279 185 228 320 302 228 135 2762 R.I.D.E. Grant Each year Elgin County OPP completes an application for a RIDE Grant through Mothers Against Drinking and Driving. In 2017 Elgin OPP received $13,618.00 and all of that grant money has been spent to provide officers at RIDE checks throughout the County, with the bulk of those checks occurring during the Festive RIDE Season. We are very proud and appreciative to be partners with Mothers Against Drinking and Driving in the fight to keep impaired drivers off our roadways. ,111111.1111t117"1"1111.1 21.1111111.., ... - 44 iteer)f f AAcia 0 ,. , ,i403*ht Lo..40,6ricq irrrr,A 17 Elgin County OPP Supports the Communities We Police ` ;:ICly it i ''_,4 lit s IF ei. -: 1 I i • t Irmay INsisr \ yCy I y POLICE � i�►s • �: '141 _� ' 0: 7.-''...Z....7 ,-;, , • r� '--ftri a . tib i 1 1 NS' x. ,.14. . - -.. r....-:= -1,,,, �7- • • .•E V) i P. e 1 ill!!1 . ' . ! I 1. — Y16q Eq��, �-- {J�] ---- , t �T L C p pt+e�tL%ltiadA :, ,,' ar lic,P.-11 P° .--___1,4N, -- jilfd. .: ...........* 1kt 11111r1""arn-%--iiploi‘t,4b,.. .-jr .-- I -17g f. '' - _ el-- Orik. „r 'tii ;tom e; ii,' i IP • . -R. - iii 44. !P.4.,',94" 0. '$ -: - / in i uy 5� zszar s 1 — i I St,Thomas Elgin Genera!Hospital Foundetfon 0, to/ ,4 44._ -�"v 1. :A:v7rmnvE Yiu'e%{LIiFr-�y l"... $2552VV +'�✓. �'-g_c.5 * xt ; ',....-:L- -_ _ -.- rte^---F - A Nr MENTRL FIERTN K 0 a .Y :fir ■ Elgin County OPP, 42696 John Wise Line, RR#5 St Thomas, ON. N5P 3S9 EMERGENCY CALL 911 18 County of Elgin PLANK ROAD RECONSTRUCTION PLANK ROAD (COUNTY ROAD 19), VIENNA NOTICE OF PUBLIC INFORMATION CENTRE MEETING The County of Elgin is planning to reconstruct a section of Plank Road (County Road 19) through the community of Vienna in the Municipality of Bayham. In addition to road reconstruction, a storm sewer will be constructed within the road allowance. Construction is planned for 2018. During construction, Plank Road through Vienna will only be open to local traffic. A detour route is planned along Calton Line (County Road 45), Richmond Road (County Road 43), and Nova Scotia Line (County Road 42) to Plank Road in Port Burwell. It is anticipated that road reconstruction will require approximately five months to complete. A PUBLIC INFORMATION CENTRE MEETING to discuss the proposed project will be held on THURSDAY, FEBRUARY 22, 2018, from 5:00 to 7:00 p.m., at the VIENNA COMMUNITY CENTRE, located at 26 Fulton Street, Vienna. All local residents and any other persons with an interest in this project are invited to attend. For more information on this project, please contact the Project Engineer. John M. Spriet, P. Eng., Project Manager Phone: 519-672-4100 Spriet Associates London Limited Fax: 519-433-9351 155 York Street, London, Ontario N6A 1A8 E-mail: john©spriet.ca This NOTICE issued February 2, 2018, by the County of Elgin, proponent for the project. Peter Dutchak, CET, CRS Acting Director of Engineering Services, Phone: 519-631-1460, ext. 4 County of Elgin Fax: 519-631-4297 450 Sunset Drive, St. Thomas, ON N5R 5V1 E-mail: pdutchak©elgin.ca 1112 LOCATION MAP Fo,SQ� /t PLANK ROAD - RECONSTRUCTION QUEEN - County II of EI = LOCATION OF Elgin _— PLANK ROAD . 0 0 RECONSTRUCTION �%.1\ (HEAVY DASHED LINE) Zre--Mil _�� _____D =m 4 \\� _ CHUTE INE ULTON : From: Watershed Planning (MOECC) [mailto:WatershedPlanning@ontario.ca] Sent:Tuesday, February 6, 2018 3:30 PM Subject: Draft Watershed Planning Guidance- Environmental Registry Posting Greetings, We are writing today to let you know that the Ministry of the Environment and Climate Change (MOECC) and the Ministry of Natural Resources and Forestry(MNRF) have posted draft Watershed Planning Guidance for municipalities and planning authorities on the Environmental Registry for a 60- day review period. Watershed Planning Guidance supports the implementation of the four provincial land use plans which strengthen requirements for watershed and subwatershed planning; and the Provincial Policy Statement which identifies the watershed as the ecologically meaningful scale for integrated and long-term planning. Watershed planning is an opportunity for municipalities and other planning authorities to take a collaborative approach to planning by creating a framework for the management of human activities, land, water, aquatic life and resources within a watershed, and for the assessment of cumulative, cross- jurisdictional and cross-watershed impacts. For further details and to comment on the proposal, please visit the Environmental Registry at https://www.ebr.gov.on.ca/ERS-WEB-External/using EBR#013-1817 or the following direct link: Environmental Registry Direct Link The draft Guidance has been posted for written feedback from February 6, 2018 to April 7, 2018. During this time, MOECC and MNRF will be hosting webinars to provide municipalities and other practitioners with an overview of the draft Guidance and to answer any questions on its scope and content. Webinar 1:Tuesday, February 13 at 10:00 am—11:30 pm Webinar 2: Wednesday, February 21 at 1:30pm—3:00 pm Please register for either of the webinars using this Eventbrite link. If you have any questions or would like to discuss the draft Watershed Planning Guidance, please contact Nisha Shirali at (416) 314-7138 or Ryan Stainton at(705) 755-1835; or email watershedplanning@ontario.ca. Sincerely, Chris Lompart Jennifer Keyes Manager, Land Use Policy Section Manager, Water Resources Section Environmental Policy Branch Natural Resources Conservation Policy Branch Ministry of the Environment and Climate Change Ministry of Natural Resources and Forestry Ontario irF • THE CORPORATION OF THE TOWNSHIP OF NORWICH 'PP"' AGIL\CUL15555 February 5, 2018 Honourable Peter Milczyn, MPP Minister of Housing 17th Floor- 777 Bay Street Toronto, Ontario M5G 2E5 Dear Sir Re: Ontario Building Code Amendments At their meeting held Tuesday January 30, 2018 the Council of the Township of Norwich passed the following resolution: "... Whereas the Preface and Introduction to the Ontario Building Code Compendium reads such that the Code is meant to be; "essentially a set of minimum provisions respecting the safety of buildings with reference to public health, fire protection, accessibility, and structurally sufficiency, And Whereas the Ministry of Housing has for a number of years and continues to make significant changes to the scope of the Ontario Building Code to include provincial policy initiatives such as Environmental Protection, Resource Conservation, and Energy Conservation, And Whereas these expanded roles in the Code have had significant impacts on local municipal Building Departments for additional training, staffing, and other resources required to implement such initiatives, Therefore be it resolved that the Township of Norwich hereby requests that the Province ensure that the intent of the legislation and regulations relative to the Ontario Building Code continues to be principally for the protection of the public, and occupant health and safety in relation to the built environment, and examine other avenues for implementation of other initiatives." If you require further information with respect to the above noted matter,please contact the undersigned. The Corporation of The Township of Norwich 285767 Airport Road, Norwich, Ontario NOJ 1P0 Phone (519)468-2410 Fax: (519) 468-2414 www.norwich.ca Sincerely imberley Armstrong Deputy Clerk • cc. Honourable Kathleen Wynne,Premier Ontario Building Officials Association CAO Aubrey LeBlanc, cao@oboa.on.ca Ms. Hannah Evans,Director, Building Development Branch, MMA hannah.evans@ontario.ca Ontario Municipalities—via email Page 212 LONG POINT REGION CONSERVATION AUTHORITY .�.M.,,. BOARD OF DIRECTORS MINUTES of January 10, 2018 Approved February 7, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: J. Maxwell, L. Minshall, C. Jacques and D. McLachlan Regrets: Craig Grice The LPRCA Chair called the meeting to order at 6:30 pm Wednesday, January 10, 2018 in the Tillsonburg Administration Office Boardroom. David Cribbs, Norfolk County Manager, and Kyle Kruger, Township of Norwich CAO, were introduced to oversee the evening's election proceedings. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST a) N. Haydt declared an interest in Hearing LPRCA-273/18, Item 10 (c). ELECTION OF LPRCA CHAIRMAN AND VICE-CHAIRMAN 2018 The Chair and Vice-Chair vacated their seats and Mr. Cribbs assumed the Chair position. The positions for Chair and Vice-Chair were declared vacant and a request for nominations was called for the Chair. R. Chambers nominated M. Columbus who accepted the nomination. R. Geysens nominated N. Haydt who declined the nomination. No further nominations were received. MOTION A-1/18 moved: D. Hayes seconded: D. Brunton That the nominations for the Chair be closed. CARRIED Michael Columbus was declared the Long Point Region Conservation Authority Chairman for 2018. Mr. Cribbs then called for nominations for Vice-Chair. N. Haydt nominated J. Scholten who accepted the nomination. No further nominations were received. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - MOTION A-2/18 moved: R. Chambers seconded: R. Geysens That the nominations for the LPRCA Vice-Chair be closed. CARRIED The Acting Chair declared John Scholten the Long Point Region Conservation Authority Vice-Chair for 2018. The Chair and Vice-Chair thanked the Board for their support and were looking forward to the year ahead. M. Columbus assumed the Chair. Mr. Cribbs and Mr. Kruger were thanked for their service and left the meeting. MOTION A-3/18 moved: R. Chambers seconded: W. Casier THAT the LPRCA Board of Directors congratulate and thank the former Chair, Noel Haydt, for his service in 2017. CARRIED DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-4/18 moved: D. Brunton seconded: R. Geysens THAT the minutes of the LPRCA Board of Directors Regular Meeting held December 6, 2017 and Special Meeting held December 20, 2017 be adopted as circulated. CARRIED BUSINESS ARISING a) Technical and Planning Service User Fees Update Staff reviewed and updated the Plan Review fees related to subdivisions as per the Board's request at the Budget meeting November 18, 2017. The new fee structure includes a base fee, per lot fee and clearance letter fee. Therefore, the fees collected at the various stages coinciding with building phases will provide for cost recovery at the time of review. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 2- MOTION A-518 moved: W. Casier seconded: L. Bartlett THAT LPRCA Board of Directors approves the revised 2018 Planning Act Review Fees to reflect changes to fees for Subdivisions and Vacant Land Condominiums. CARRIED REVIEW OF COMMITTEE MINUTES No questions or comments. MOTION A-6/18 moved: D. Hayes seconded: J. Scholten THAT the minutes from the Lee Brown Marsh Management Committee meeting of April 28, 2017 and the Backus Museum Committee meeting of November 8, 2018 be received as information. CARRIED CORRESPONDENCE No questions or comments MOTION A-7/18 moved: J. Scholten seconded: D. Beres THAT the correspondence outlined in the Board of Director's Agenda of January 10, 2018 with additions be received as information. CARRIED DEVELOPMENT APPLICATIONS MOTION A-8/18 moved: D. Beres seconded: D. Brunton THAT the LPRCA Board of Director's does now sit as a Hearing Board. CARRIED a) Hearing LPRCA— 265/17 — D. Mawhiney The roll was called. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. Staff introduced Debra and Randy Mawhiney and then proceeded to present the staff report. This application was received September 25, 2017 to construct a 10' x 10' change house on a lot on Hastings Drive, Long Point. The area requested for the new construction is in the Lake Erie shoreline flood hazard and dynamic beach hazard and FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 3- is contrary to the LPRCA shoreline policies. The new structure affects the control of flooding and interferes with dynamic beach processes. Therefore, staff recommended refusal. Mr. Mawhiney stated that the lot is fortified with concrete rubble and cedar posts and the grass-covered and has never been flooded. He noted that the board has already approved three or four similar projects. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further discussion was required by the Board. L. Bartlett questioned if member Haydt had a conflict of interest with the applications re: Hastings Drive under consideration. Mr. Bartlett asked for his concern to be noted in the minutes. MOTION A-9/18 moved: N. Haydt seconded: R. Geysens IN RESPECT OF THE FOLLOWING PROPERTY: South Walsingham Plan 251 Lot70, 189 Hastings Drive, Long Point FOR the permission of the Long Point Region Conservation Authority pursuant to Regulations made under Section 28, Subsection 12 of the said Act At a Hearing held before the Long Point Region Conservation Authority, on January 10, 2018, the Application was approved. CARRIED b) Hearing LPRCA— 266/17 — D. Mawhiney The Chair reviewed the guidelines and process to be followed for the hearing. Staff presented the report noting that this application is very similar to the application just heard and due to the same hazard conditions and building within areas contrary to policies, staff recommended refusal of the application. Mr. Mawhiney stated that the lot is 10 to 12 feet above the water level. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further discussion was required by the Board. FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 4- MOTION A-10/18 moved: R. Geysens seconded: D. Brunton IN RESPECT OF THE FOLLOWING PROPERTY: South Walsingham Plan 251 Lot68, 187 Hastings Drive, Long Point FOR the permission of the Long Point Region Conservation Authority pursuant to Regulations made under Section 28, Subsection 12 of the said Act At a Hearing held before the Long Point Region Conservation Authority, on January 10, 2018, the Application was approved. CARRIED N. Haydt left the room. c) Hearing LPRCA— 267/17 — N. Havdt The Chair reviewed the guidelines and process to be followed for the hearing. Staff introduced Nathan Kolomaya of Brimage Law Group, agent for Mr. Haydt, and then proceeded to present the staff report. The application requested permission to construct an 9' x 12' change house on a lot on Hastings Drive, Long Point. The area requested for the new construction is in the Lake Erie shoreline flood hazard and dynamic beach hazard and is contrary to the LPRCA shoreline policies. The new structure affects the control of flooding and interferes with dynamic beach processes. Staff recommended refusal of the application. Mr. Kolomaya contested staff's reasons for recommending refusal. He distributed a past staff report presented at the August 2, 2017 Board Meeting and made note of the fact that staff and the Board have approved similar applications in the past. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further discussion was required by the Board. MOTION A-11/18 moved: R. Geysens seconded: D. Brunton IN RESPECT OF THE FOLLOWING PROPERTY: South Walsingham Plan 251 Lot57, 163 Hastings Drive, Long Point FOR the permission of the Long Point Region Conservation Authority pursuant to Regulations made under Section 28, Subsection 12 of the said Act At a Hearing held before the Long Point Region Conservation Authority, on January 10, 2018, the Application be approved. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 5- MOTION A-12/18 moved: D. Hayes Seconded: W. Casier That the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED N. Haydt returned to the meeting. a) Staff Approved applications Staff approved 13 applications since the last meeting. LPRCA-222/17, LPRCA-223/17, LPRCA-224/17, LPRCA-230/17, LPRCA-286/17, LPRCA-301/17, LPRCA-316/17, LPRCA-317/17, LPRCA-318/17, LPRCA-319/17, LPRCA-322/17, LPRCA-323/17 and LPRCA-324/17 In response to questions, staff stated that approximately 20 applications have been received for emergency shoreline protection. Approximately, 18 were received for Hastings Drive, Long Point, and two were received with coastal engineering advice for Turkey Point. MOTION A-13/18 moved: D. Hayes Seconded: J. Scholten That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED b) New applications The Planning Department recommended approval for 3 applications. MOTION A-14/18 moved: D. Brunton seconded: J. Scholten THAT the LPRCA Board of Directors approves the following Development Applications contained within the background section of the report: A. For Work under Section 28 Regulations, Development, Interference with Wetlands & Alterations to Shorelines and Watercourses Regulations (R.R.O. 1990 Reg. 188/06), LPRCA-248/17 LPRCA-1/18 LPRCA-303/17 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 FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 6- NEW BUSINESS a) 2018 LPRCA BUDGET VOTE Staff made LPRCA Budget presentations to Brant County, Township of Norwich and Oxford County councils over the past month. MOTION A-15/18 THAT the LPRCA Board of Directors approves the following recommendations regarding LPRCA's 2018 Operating and Capital budgets: 1. The 2018 proposed Ontario Regulation 178/06 Permit Fees and Planning Act Review Fees as amended 2. The 2018 proposed User Fees for the Conservation Areas as attached 3. That the 2018 Operating Budget in the total amount of$4,073,985 and requiring a Municipal Levy- Operating of$1,553,673 be approved 4. That the 2018 Capital Budget in the total amount of$691,650 and requiring a Municipal Levy- Capital of$368,550 be approved 5. That the proposed 2018 Consolidated Budget in the total amount of$4,765,635 and requiring a Municipal Levy- Consolidated of$1,922,223 be approved. Member Munici•ali /Grou• Wei.ht Present? Yes No Wayne Casier Bayham Municipality 4.81 Y ✓ Robert Chambers County of Brant 6.69 Y Leroy Bartlett Haldimand County 7.46 Y Craig Grice Haldimand County 7.46 N Wayne Casier Township of Malahide 0.77 Y Doug Brunton Norfolk County 12.50 Y Michael Columbus Norfolk County 12.50 Y Roger Geysens Norfolk County 12.50 Y Noel Haydt Norfolk County 12.50 Y John Scholten Norwich Township 7.61 Y Township of South-West ✓ David Hayes Oxford 7.61 Y Dave Beres Town of Tillsonburg 7.61 Y 100 92.54 92.54 0 CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 7- The process to increase the member per diem was discussed. An application will be made to the Ontario Municipal Board as required, and is expected to take two to three months for approval. Per diems will be paid retroactively to January 2018. b) LPRCA COMMITTEE APPOINTMENTS MOTION A-16/18 moved: R. Geysens seconded: W. Casier THAT the LPRCA Board of Directors approves the following appointments for 2018: D. Beres as the Land Acquisition Chair; D. Brunton and the LPRCA Chair to the Lee Brown Marsh Management Committee; R. Chambers, R. Geysens, vacant, and the LPRCA Chair to the Backus Museum Committee; AND D. Beres, D. Brunton, R. Geysens, the LPRCA Chair and Vice-chair to the Audit and Finance Committee. CARRIED There remains one vacancy on the Backus Museum Committee. The board discussed the relevancy of the two outstanding ad hoc committees. MOTION A-17/18 moved: D. Brunton seconded: N. Haydt THAT the LPRCA Board of Directors dissolve the following ad hoc committees: 1. Strategic Planning Committee 2. LPRCA-KCCA Efficiency Study Committee. CARRIED Staff requested an Audit and Finance Committee meeting for February 13, 2018, 9am. c) CANADA 150 Staff originally sought approval for six projects from the Canada 150 Community Infrastructure Program (CIP 150). Two of those projects were approved. Originally, the Waterford North Washroom Upgrades project was not accepted for funding but CIP 150 now has surplus funds and has recently approved up to 50% of the project to a maximum of$25,000 provided the project is completed by March 28, 2018. The project was approved in the previous budget. MOTION A-18/18 moved: W. Casier seconded: L. Bartlett THAT the Long Point Region Conservation Authority Board of Directors approves the Canada 150 Community Infrastructure Program (CIP 150) project: Project Number Project Title Funding Amount Percentage of Total Eligible Project Costs 810076 Expansion of $25,000 50% Campground's FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 8- Comfort Station to Improve Accessibility And That the C/P 150 contribution agreement be signed by staff once it is received from FedDev Ontario. CARRIED MOTION A-19/18 moved: D. Brunton 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-20/18 moved: D. Brunton seconded: L. Bartlett THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-21/18 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Board of Directors receives the confidential personnel matter update as information. CARRIED The Chair adjourned the meeting at 9:05pm. dillir .. .._ i , M' ael Columbus Dana McLac an 'hair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 9- 114LONG POINT REGION CONSERVATION AUTHORITY . BOARD OF DIRECTORS MINUTES of January 17, 2018 Approved February 7, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: J. Maxwell and D. McLachlan Regrets: Craig Grice The LPRCA Chair called the meeting to order at 12:00 pm Wednesday, January 17, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS MOTION A-22/18 moved: D. Beres seconded: D. Hayes THAT the LPRCA Board of Directors adds "MFIPPA Discussion" under the Closed Session as item 5 (b) to the January 17, 2018 agenda. DISCLOSURES OF INTEREST None NEW BUSINESS None MOTION A-23/18 moved: D. Beres seconded: D. Hayes 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 advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED MOTION A-24/18 moved: N. Haydt seconded: J. Scholten THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes, John Scholten - 1 - The Chair adjourned the meeting at 2:45pm. • r M'' ael Columbus Dana McLac an air Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes,John Scholten - 2 - Ministry of Agriculture, Ministere de('Agriculture, Food and Rural Affairs de('Alimentation et des Affaires rurales 4th Floor 4e stage Ontario 1 Stone Road West 1 Stone Road West Guelph, Ontario N1G 4Y2 Guelph(Ontario)N1G 4Y2 Tel: 1-877-424-1300 Tel.: 1-877-424-1300 Fax: 519-826-3398 Telec.: 519-826-3398 Rural Programs Branch January 25, 2018 File Number: RED4-08150 Paul Shipway, CAO/Clerk The Corporation of the Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 1Y0 Dear Paul Shipway: Thank you for submitting your application entitled "Community Based Strategic Plan"to The Rural Economic Development(RED) Program. Funding decisions are based on the merits of each individual application in comparison with other applications and the expected results of each project. Those projects which demonstrate the greatest impact on removing barriers to economic development in rural Ontario receive funding. Based on the information provided, we regret to inform you that your application will not be funded under the RED Program. Should you have any questions or require additional information, please do not hesitate to contact your program coordinator, Leah Landriault-Relf, at leah.landriault-relf@ontario.ca or at (519)826-6640. The next intake for RED will open on July 30, 2018. Please visit www.Ontaria.ca/redprogram for information and updates. Sincerely, Andrea Ruskova, Manager(A) Business and Rural Investment Programs Good;Grow.n Ontario A bonne terre. Foodland bons produits ONTARIO Poor BuotaeLL Aus. 86 Art Burwell qct. A6 r old Li5441,ovse T I iir ' rilaill '' '''°'\) '.. -----„ "----'-"*""t4- .,‘ , I rI I 4, , .8 6 u 9 4 6 2 _ `,' .1..��� :'.� /' ,/,' :x, -Y .` 4 . i i 1 ..'...1 Pi '` F P r f Uur...,P it Aum e6 1 t' _ rr i 4. OLO Ltc,,THOUSF , I.' I L II III � I�III (' �: �O(AN OAT/ON - li ` # . __ /'ih II.11IJUIIII�IIlI..Oil, S...W IVII'Y'.,. .. r .`„'' _ G.S.0. MMDCCXLVIII - r - a .� rte' MMDCCXLr441k D (I !.•'Y dE • .'� . . - . - . t.4.:;:.0,40,.....,„ Y Y' 4 , •, 4,--' • ..., fi r .•-. .. d • ;-ri . "' ' [ "'tti �..y._� ~tib ,.„1._....„...•7_,:y,.:k +y w >:.ham'�-'-- �'* , h..c.„.,.ar -�2''y s'� ,.., ..., , ,.. _. • ._ -4f N- /00R,- guY'we Il Aum. 86 .. , _ 2� . F.%, t° t- • n III 1 4 J V .# , riles -- I�- �.. Ai' `ewe.. •-..- _ � 1 1, . '.ail 1 1 1.....011 L G-H.S.. 96U946( • 3 b " 4 • Q Y • i y - \ *.,...,1., 1 1 . N i t a , illi " 1 i . '— , .., \ ....6. -, ,- -, 1 - , 1Z11111141411)1>44440440040440404444000046L ..:„...i.......*_,.....___,,y CD . "'t (DI 't ,,. —: \If ,,,' ..., CD *14,46,, .,_,, 1OD w (3) ' ' ... .."''''j ' IC9 I. b� l +,.pr a.) ., A Nix 1 .,I('�I1' t ;r.. e, ' I ,A REPORT ,,,,,...„,,,„2.-iyfr,.7_,.,. �Vt XI(114.4 TREASURY DEPARTMENT ' ; OPh ov`�y ul'tunity IsIC TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15, 2018 REPORT: TR-3/2018 FILE NO. C07 SUBJECT: 2019 Budget Schedule BACKGROUND Section 290(1) of the Municipal Act requires local municipalities in each year to prepare and adopt a budget. The Municipality currently prepares three budgets: current year capital budget, rate supported operating budget and the 10-Year Capital Plan. This report presents the proposed meeting dates for Council review and approval of the above mentioned 2019 budgets. The purpose of preparing budgets is to allow Council to develop policy in financial terms and to assist in setting priorities and establishing service levels for upcoming year before expenditures take place. The accelerated time frame in which Council passed budgets in 2018 provides the opportunity for efficient and effective work planning and an opportunity for procurement at earlier times Municipality's levy and rate supported budgets will establish how property tax dollars will be spent in 2019 for municipal services provided. DISCUSSION In order to begin developing Bayham's Proposed 2019 Operating Budgets and Capital Plan, Council approval of the proposed budget schedule is required. The proposed timelines are the same as prior year timelines to allow for tendering and effective procurement months before 2019 purchases. Budget Proposed 2019 Start Time Budget Review Dates For Discussion Budget Public Consultation February 15, 2018 -August 31, 2018 2019 and 10 Year Capital Monday, October 1, 2018 6:30 p.m. Plan (Special Meeting) 2019 Levy Supported Wednesday January 2, 2019 6:30 p.m. Operating Budget (Special Meeting) Thursday, January 3, 2019 6:00 p.m. to 7:00 p.m. (Budget Open House) 2019 Budget Consultations In 2019 staff propose to post budget background information explaining the purpose of the Operating Budget and Capital Budget and the difference between Operating and Capital expenses. Staff propose to post this information under Consultations portion of the Municipal Website. During the consultation it will be clear the role of the consultation is to obtain public comment on the budgets, and ideas for the upcoming budgets for Council consideration. This consultation is to obtain comments of an advisory nature for Council consideration during budget deliberations. The same comments will be attached to the respective budget reports as an Appendix. Notice of consultation will be posted on the Municipal website and posted on the Municipal Office and Library notice boards. Notice will also be posted on the winter and summer newsletter in the mail out of February and August tax bills. Both the 2018 Operating and Capital Budgets will be available for review on the Municipal Website under the following once the by-law is passed: Municipal Services — Finance &Taxes — Budgets The 2018 Budgets showcase, for forecasting purposes the 2019 Operating Budgets and the 2019-2028 Capital Budgets. These budgets are subject to changes based on project criteria and decisions of Council, however gives the community a starting place for comments on the budgets. Potential Base Budget Impacts: For 2019 the most significant potential base operating budget drivers that may have an impact are as follows: • annualization of initiatives undertaken in 2018 • general inflation • foreign exchange fluctuations • utility cost increases • impact of fluctuating fuel costs and costs of petroleum based products • increased operating charges from approved capital projects • increased transfers to Reserves and Reserve Funds to fund capital programs based on 10 year capital budget from 2018 • provincial funding level changes • reduction of OMPF grant • compensation contracts and potential negotiations • increases in contracts from third party service providers • increase in user fees and service charges • changes in assessment due to growth • policing contract adjustments The actual impacts of these items are unknown at this time and will depend on further information and decisions. Guidelines: Some of the costs identified above can be avoided and others will be directly related to previous decisions or are uncontrollable. In the interim, staff will be directed to prepare the 2019 budgets following past practices with the goal to maintain costs at their current level wherever possible. These guidelines are an integral part of the budget process to assist departments when reviewing operational needs and service levels. CONCLUSION: In order to meet these dates, staff has initiated the 2019 budget process. This will allow staff the time required to present a responsible, complete, comprehensive, and accurate budget for Council review and consideration. RECOMMENDATION 1. THAT Staff Report TR-3/18 re 2019 Budget Schedule be received for information. 2. AND THAT the proposed Budget Guidelines and meeting dates be approved as set out in Report TR-3/18. Respectfully su mittled, Reviewed by, Lorne J. -:, 'PA, CA iolr erk v•xYHA-4 �� REPORT .4c.,,,,,, i - - \`( ___ ems .; TREASURY DEPARTMENT 46Pui'tunit y I01C0'4 t3' TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15th, 2018 REPORT: TR-04/18 FILE NO. F12 SUBJECT: 2017 Investment Report ------ --- -- -------- BACKGROUND: Section 8(1) of Ontario Regulation 438/97 requires the Treasurer to prepare and provide to Council, each year, an Investment Report concerning any prescribed investments the Municipality has under said regulation. Attached in Appendix "A" is a summary of the portfolio performance for the year 2017. All investments listed are short-term, meaning the Municipality can withdraw funds at any time; the exception being the municipal drain/water debentures held. The municipal drain/water debentures portion of the portfolio is less than 10%. The majority of the Municipality's investments (90%) are with The One Investment Program, a joint program administered by Local Authority Services Limited (LAS) and CHUMS Financing Corporation. These entities are wholly owned subsidiaries of Association of Municipalities of Ontario (AMO) and the Municipal Finance Officers Association (MFOA) respectively. All of the Municipality's funds in The One Fund are invested in the Bond Portfolio which is comprised of treasury bills, guaranteed investment certificates and government bonds. The One Fund Program meets all the investment requirements of Regulation 438/97 and the investment policies established by Council in By-Law No. 2002-95. RECOMMENDATION 1. THAT Report TR-04-2018 re 2017 Investment Report be received for information. Respectfully submi -d, Reviewed by, Lorne Jam= /' PA, CA, Treasurer / 'a i j. CAOICIerk Municipality of Bayham Investment Report-For the Year 2017 Appendix"A" Report TR-04-2018 Account Description Balance 2017 Advances Balance Interest # Dec-31-16 Interest (Withdrawals) Dec-31-17 Rate General&Reserve Funds 01-0100-1030 General Surplus Funds - 15,756.55 - - - 01-0100-1176 Recievables Debentures-Rich 319,242.31 6,446.17 - 25,372.20 300,316.28 2.02% 01-0100-1177 Drain Debentures 4,627.13 112.01 4,739.14 9,478.28 2.42% 01-0100-1460 General Funds 736,058.96 16,677.01 - 752,735.97 2.27% 01-0100-1461 Reserve Funds 1,928,749.06 42,918.43 - 1,971,667.49 2.23% 01-0100-1470 Eden Cemetery 14,733.21 326.62 - 15,059.83 2.22% 01-0100-1475 OMPF 546,657.99 12,197.54 - 558,855.53 2.23% 01-0100-1480 Parkland Reserve Funds 20,716.97 465.44 - 21,182.41 2.25% 01-0100-1485 Edison Museum Reserve 49,331.22 1,092.57 - 50,423.79 2.21% 01-0100-1490 Development Charges 37,215.22 836.63 - 38,051.85 2.25% 3,657,332.07 96,828.97 - 20,633.06 3,717,771.43 Allocation General Fund 33,879.28 Cemetery Boards 326.62 Reserve Fund 62,623.07 96,828.97 Trust Funds 01-5050-1440 Cemetery Maintence&Care 239,132.64 5,375.79 - 244,508.43 2.25% -g,AY ', REPORT ' � $ ...; TREASURY DEPARTMENT �s Opp_ X45 j'tunity III° TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15, 2018 REPORT: TR-05/2018 FILE NO. F03.03 SUBJECT: 2017 Council Remuneration and Expenses BACKGROUND: Pursuant to section 284(1) of the Municipal Act, 2001, a Statement of Remuneration and Expenses for all the Members of Council is to be submitted by the Treasurer each year to Council. Itemized below are the remuneration and expenses for each Member of Council for the year 2017. Taxable Expenses Conference & Mileage Reimbursements Paul Ens $11,420.56 $ 5,710.54 $0.00 Ed Ketchabaw 6,661.65 3,330.82 0.00 Randy Breyer 6,661.65 3,330.82 0.00 Wayne Casier 6,661.65 3,330.82 142.38 Tom Southwick 8,564.64 4,282.19 0.00 Total $39,970.15 $19,985.19 $142.38 RECOMMENDATION 1. THAT Staff Report TR-05-2018 be received for information. Respectfully submitted, Reviewed by, „ iiii .>.°-- --. - ..._.-------- _Z °P...:A- Lorne ame:, 'PA, CA, Treasurer -''aul Ship ,.- sin— v,,NYHA.4,/ _ „.,. �,, , _ ,AIREPORT . .„„scf, -„, I —M"' --� TREASURY DEPARTMENT 10,� 4'°i'tunit3' ISI°° TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15, 2018 REPORT: TR-06/2018 FILE NO. SUBJECT: 2017 Public Sector Salary Disclosure Act (PSSDA) BACKGROUND: The Public Sector Salary Disclosure Act (PSSDA) requires all organizations covered by the Act to prepare a list, each year, of the employees who were paid $100,000 or more the year before, with their names, positions, salaries and the value of their taxable benefits. Each organization must make the list available for inspection without charge between March 31 and December 31 of the year it disclosed. Employee Position Salary Paid Taxable Benefits Shipway, Paul CAO/ Clerk $125,528.00 $991.12 Roloson, Edward Manager of Water/ $118,014.81 $991.12 Waste Water & Manager of Capital Programs RECOMMENDATION 1. THAT Staff Report TR-06-2018 be received for information. Respectfully submitted, Reviewed by, Lorne Jame., r'A, CA, Treasurer ��: .1,4r A OlClerk g,ta A411014".11/4 REPORT ' i:16. TREASURY DEPARTMENT -°'tunity 1i' TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15, 2018 REPORT: TR-07/2018 FILE NO. SUBJECT: 2017 Q4 VARIANCE REPORT BACKGROUND: The Q4 (fourth quarter) financial reports are provided for Council's fiduciary review. This report provides a summary of current revenues and expenditures to December 31, 2017 and variances to the operating budget. In addition, a year-end reserve report and 2017 sale of asset report are also provided. DISCUSSION: Operational departmental variances are noted within the attachments and all capital programs were substantially completed in 2017. The 2017 operating and capital year brought several positive operational results from cost reductions, to new revenue, cost recovery initiatives, and improved procurement. The Municipality is still exposed to risks in the upcoming year which include: foreign exchange fluctuations for materials and supplies, interest rate risk, municipal road drain work, weather and winter maintenance. ATTACHMENTS: 1. Appendix A: 2017 Q4 Operating Revenue and Expense Variance Report. 2. Appendix B: 2017 Q4 Capital Expense Variance Report 3. Appendix C: 2017 Reserves Report 4. Appendix D: 2017 Sale of Asset Report RECOMMENDATION 1. THAT Staff Report TR-07/18 be received for information; 2. AND THAT Council confirm the Sale of Asset Report attached hereto as Appendix 'D' r Respectfully sUbm.tfed, Reviewed b , Lorne Jam-DCPA, CApway� Municipality of Bavham Appendix A: 2017 Q4 Operating Revenue and Expense Variance Report 2017 2017 % Actuals Budget Consumed Revenues 05.10 General Taxation 4,026,520 3,955,715 102% 05.20 Other Revenues 1,212,741 1,211,100 100% 10.10 General Government 83,293 60,500 138% 10.20 Council 5,867 - 20.10 Fire Services 12,765 13,000 98% 20.20 Police Services 23,519 30,000 78% 20.30 Conservation Authority - - 20.40 Other Protective Services 172,498 73,000 236% 20.50 Bylaw Enforcement Services 22,990 25,000 92% 25.10 Roads 490,490 457,818 107% 25.20 Winter Control 1,727 - 25.40 Street Lights - - 30.10 Water 653,833 646,659 101% 30.15 Richmond Water 115,044 64,790 178% 30.30 Waste Disposal 145,766 145,000 101% 30.20 Waste Water 817,637 863,456 95% 35.10 Health Services - 35.20 Cemeteries 2,863 - 40.10 General Assistance - - 45.10 Parks&Recreation 1,960 2,600 75% 45.20 Straffordville Community Centre 22,610 10,000 226% 45.30 Vienna Community Centre 13,662 9,000 152% 45.40 Libraries 68,968 67,000 103% 45.50 Museums 28,708 20,100 143% 50.10 Planning,Development&Tourism 45,064 32,000 141% 25.30 Business&Commerce Tourism&Marketing 4,505 1,500 300% 50.20 Environmental Services 8,729 12,418 70% Capital 3,292,992 3,405,167 97% Expenditures 05.10 General Taxation - 05.20 Other Revenues - 10.10 General Government 1,392,204 1,300,550 107% 10.20 Council 74,761 71,391 105% 20.10 Fire Services 536,726 504,497 106% 20.20 Police Services 901,073 934,000 96% 20.30 Conservation Authority 82,940 85,602 97% 20.40 Other Protective Services 102,512 99,479 103% 20.50 Bylaw Enforcement Services 33,065 29,158 113% 25.10 Roads 1,320,628 1,536,878 86% 25.20 Winter Control 97,082 118,400 82% 25.40 Street Lights 42,488 45,000 94% 30.10 Water 653,833 646,659 101% 30.15 Richmond Water 115,044 64,790 178% 30.20 Waste Water 817,637 863,456 95% 30.30 Waste Disposal 495,606 475,518 104% 35.20 Cemeteries 3,195 17,500 18% 40.10 General Assistance 8,132 10,000 81% 45.10 Parks&Recreation 78,841 69,128 114% 45.20 Straffordville Community Centre 101,441 47,166 215% 45.30 Vienna Community Centre 51,846 58,316 89% 45.35 Eden Community Centre - 45.40 Libraries 68,968 67,000 103% 45.50 Museums 55,309 55,630 99% 50.10 Planning,Development&Tourism 139,968 105,907 132% 25.30 Business&Commerce - - Tourism&Marketing 55,425 48,500 114% 50.20 Environmental Services 16,987 24,131 70% Capital 3,914,221 3,827,167 102% Municipality of Bayham Appendix B: 2017 Q4 Capital Expense Variance Report 2017 2017 % Actuals Budget Consumed General Government -AMP Update $ 25,236 $ 30,000 84%-complete -Energy Plan $ 29,786 $ 32,000 93%-in progress -Working Capital Transfer $ 10,000 $ 10,000 100%-complete -Election Reserve Transfer $ 10,000 $ 10,000 100%-complete Fire -Thermal Camera $ 20,555 $ 20,000 103%-complete -Vehicle $ 21,814 $ 20,000 109%-complete Building Pickup truck $ 29,891 $ 40,000 75%-complete By Law Pickup truck $ 18,754 $ 20,000 94%-complete Roads Pickup Truck $ 29,891 $ 40,000 75%-complete Maple Grove Line $ 221,651 $ 150,000 148%-complete Coyle Road $ 25,739 $ 40,000 64%-complete Dennis Rd. $ 12,636 $ 20,000 63%-complete Godby Rd. $ 81,721 $ 87,000 94%-complete Jackson Line(West of Plank) $ 72,203 $ 80,000 90%-complete Lamers Line $ 60,172 $ 80,000 75%-complete Eden Line $ 16,500 $ 17,000 97%-complete Toll Gate Road $ 39,219 $ 57,000 69%-complete Harmony Acres Line $ 19,002 $ 13,000 146%-complete Chute Line $ 32,487 $ 37,000 88%-complete Sandytown Gravel $ 37,836 $ 40,000 95%-complete Libbey Street $ 50,365 $ 25,000 201%-complete PB EB Hydro-Washroom $ 96,617 $ 50,000 193%-complete Storm Sewer Detailed Design $ 507,927 $ 476,000 107%-complete Traffic Control Devices $ 14,422 $ 15,000 96%-complete Sidewalks $ 53,598 $ 50,000 107%-complete Water -Richmond Distribution $ 1,429,810 $ 1,841,000 78%-complete -Traffice Control Devices $ 7,210 $ 7,500 96%-complete -Air Valves $ 13,500 0% -Pick up truck $ 14,946 $ 20,000 75%-complete Waster Water PS roof replacements $ 9,612 $ 20,000 48%-complete SCADA Radios $ 23,933 $ 36,000 66%-complete Energy conservation $ 236,987 $ 162,000 146%-complete Structural Repairs $ 6,217 $ 25,000 25%complete Pump Equipment $ 17,866 $ 41,667 43%-complete Manhole Rehabilitation $ 38,740 $ 50,000 77%-complete Pick Up Truck $ 14,946 $ 20,000 75%-complete Traffic Control Devices $ 7,211 $ 7,500 96%-complete Parks Vienna Memorial Park $ 17,366 $ 20,000 87%-complete Canada 150 $ 100,423 $ 75,000 134%-complete Library Museum Planning -Official Plan Review $ 15,079 $ 20,000 75%-in progress Facility CO/NO2 Detection 0 $ 7,000 0%-complete Transfer to Reserve $ 150,000.00 $ 150,000 100%-complete Municipality of Bayham Appendix C:Reserves,Reserve Funds&Deferred Revenue For The Year Ended December 31,2017(un-audited) Account Balance Transfer Interest Transfer Balance No. 1-Jan-17 To Income From 31-Dec-17 RESERVES 2301 Working Capital $ 92,764.59 $ 10,000.00 $ 5,337.20 $ 97,427.39 2302 Equipment $ 112,187.89 $ 34,555.00 $ 75,539.79 $ 71,203.10 2303 Fire Department Apparatus $ 18,348.29 $ 18,348.29 $ - 2304 Electronic Equipment $ - $ - 2305 Road Construction $ 302,916.95 $ 149,810.00 $192,295.63 $ 260,431.32 2306 Otter Valley Chamber $ 1,414.92 $ 1,414.92 2307 Trail Improvements $ 105,523.62 $ 11,500.00 $ 8,045.19 $ 108,978.43 2308 Fire Equipment $ 10,000.00 $ 5,251.00 $ 10,000.00 $ 5,251.00 2310 Water Works $ 535,698.18 $208,324.72 $196,961.79 $ 547,061.11 2311 Richmond Water $ - $ - 2313 County Road Maintenance $ - $ - 2314 Building Vehicle $ 63,589.35 $ 29,891.32 $ 33,698.03 2315 Fire Renumeration $ 25,000.00 $ 25,000.00 2318 Parks&Playgrounds $ 71,722.39 $ 71,722.39 2319 By-law Vehicle $ 20,000.00 $ 20,000.00 $ - 2320 Records Management $ - $ - 2322 Dredging $ 63,600.00 $ 63,600.00 2323 Library Buildings $ - $ - 2324 Musuem Artifacts $ 1,000.00 $ 1,000.00 2326 Museums General $ 315.85 $ 315.85 2327 Election $ 30,000.00 $ 10,000.00 $ 9,251.69 $ 30,748.31 2328 Waste Management $ 83,176.50 $ 9,769.97 $ 73,406.53 2330 Police Services $ 80,000.00 $ 80,000.00 2331 Contingency $ 218,619.67 $ 218,619.67 2332 Capital Rate Stabilization $ 16,895.31 $ 16,895.31 2333 Operating Rate Stabilization $ - $ - 2334 Straffordville Skate Park $ 1,731.70 $ 1,731.70 2335 OMPF $ 213,866.00 $ 213,866.00 2336 Municipal Facilities $ - $478,138.08 $ 88,205.51 $ 389,932.57 2363 Reserve-Planning $ 27,624.98 $ 15,078.68 $ 12,546.30 2364 SCC Capital Donations $ - $ 13,000.00 $ 13,000.00 2365 Winter $ 50,000.00 $ 50,000.00 Consolidated Entities $ - $ - $2,145,996.19 $920,578.80 $ - $678,725.06 $2,387,849.93 Municipality of Bayham Reserves,Reserve Funds&Deferred Revenue For The Year Ended December 31,2017(un-audited) Balance Transfer Interest Transfer Balance 1-Jan-17 To Income From 31-Dec-17 RESERVE FUNDS 2312 Sewage Works 2,283,428.06 318,692.24 51,061.80 325,361.73 2,327,820.37 2316 Edison Museum 90,399.61 45,477.12 2,021.51 42,209.59 95,688.65 2352 Environmental 69,782.38 1,560.47 71,342.85 2360 Straffordville Community Ctr 2,129.24 47.61 - 2,176.85 2361 Vienna Community Ctr 82,326.78 1,840.98 84,167.76 Consolidated Entities - - - - 2,528,066.07 364,169.36 56,532.37 367,571.32 2,581,196.48 DEFERRED REVENUE -- 2350 Parkland 102,033.67 2,500.00 2,281.67 77,788.71 29,026.63 2357 Developer Deposits 27,560.32 616.30 28,176.62 2362 Federal Gas Tax 142,775.56 216,249.60 3,192.73 263,358.26 98,859.63 272,369.55 218,749.60 6,090.70 341,146.97 156,062.88 Municipality of Barham Appendix D: 2017 Sale of Asset Report Asset Description Proceeds (Before HST) Account No. Reserve Edison Lot $ 45,477.12 2316 Edison Public Works Small Equipment $ 19,555.00 2302 Equipment Public Works Yard $ 102,914.78 2336 Facilities Road Allowance - Baldwin $ 11,400.00 2305 Road Construction Municipal Office $ 178,893.05 2336 Facilities Fire Truck 1998 F Super Duty $ 5,251.00 2308 Fire Equipment Bailey Bridge $ 15,000.00 2302 Equipment Total Proceeds on Sale $ 378,490.95 g,AY " REPORT LTREASURY DEPARTMENT 0_pp0r •_ 0�4 tun1ty 1$ TO: Mayor & Members of Council FROM: Lorne James, Treasurer DATE: February 15, 2018 REPORT: TR-08/18 FILE NO. SUBJECT: 2017 SURPLUS ALLOCATION PURPOSE: To approve allocation of the 2017 operating surplus of$114,818.16 through reserve transfers. BACKGROUND: The 2017 financial statements have been drafted by the Treasurer and an operating surplus of $114,818.16 is estimated for 2017. Section 290 (4) (b) of the Municipal Act requires that any surplus from a previous year be included as an estimated revenue within the current budget. If this process is followed each year, during years where large fluctuations in surpluses occur, large tax rate fluctuations may also occur. Therefore, it is common practice for municipalities to allocate their annual surplus to reserves. ATTACHMENTS: 1. Appendix A: 2017 Surplus Transfer Report RECOMMENDATION 1. THAT Staff Report TR-08/18 be received for information; 2. AND THAT Council confirm the 2017 Surplus Transfer Report attached hereto as Appendix `A'; Respectfully tibmitted, Reviewed by, Lorne cs, CPA, CA � .wa ���� Municipality of Bayham Appendix A: 2017 Surplus Transfer Report Transfer Account No. Reserve $114,818.16 2305 Road Construction -g,AYH44? "411411.6111"441 "47 • REPORT 4.o �� CAO p-'uj'tunity j5.' TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: February 15, 2018 REPORT: CAO-08/18 SUBJECT: INFRASTRUCTURE CANADA—SMART CITIES CHALLENGE BACKGROUND Announced in the 2017 Federal Budget, the Impact Canada Initiative is a Government of Canada-wide effort to accelerate the adoption of innovative funding approaches to deliver meaningful results to Canadians. The Impact Canada challenge platform allows Government of Canada departments to issue challenges on a common site and reach a diverse group of problem solvers and innovators. The Government of Canada has launched the Smart Cities Challenge program stream. The Smart Cities Challenge program stream is designed to help communities of all sizes improve the lives of their residents through innovation, data and connected technology. The Smart Cities Challenge program stream is delivered by Infrastructure Canada and intends to contribute $300 million in funding over 11 years. Specifically the Smart cities Challenge offers the following prizes: • One prize of up to $50 million open to all communities, regardless of population. • Two prizes of up to $10 million open to all communities with populations under 500,000 people. • One prize of up to $5 million open to all communities with populations under 30,000 people. • Each prize category will feature a selection of up to 5 finalists per prize. Finalists who are selected receive a $250,000 grant to develop a final proposal/pilot. A Smart Cities approach aims to achieve meaningful outcomes for residents by leveraging the fundamental benefits that data and connected technology have to offer: • Openness When communities make their data truly accessible, usable and barrier-free, their decision-making processes become transparent, empowering citizens and strengthening the relationship between residents and public organizations. • Integration Data and connected technology empower communities to break down silos that exist within local governments and public organizations. • Transferability When tools and technological approaches are open-source, transparent and standardized, they can be used by communities across the country, no matter their size or capacity. • Collaboration Connected technology enables communities to bring traditional and non-traditional partners together to collaborate. The Smart Cities Challenge Timeline is as follows: SELECTION FINAL SELECTION APPLICATION OF FINALISTS PROPOSAL OF WINNERS IMPLEMENTATION 0 0 0 0 0 0 LAUNCH APPLICATION FINALIST FINAL PROPOSAL WINNER SUBMISSION ANNOUNCEMENT SUBMISSION ANNOUNCEMENT DEADLINE SUMMER 2018 DEADLINE SPRING 2019 APRIL 24,2018 - WINTER 2018-19 Infrastructure Canada has established an independent panel to assess the applications from across the country. Short listed communities will be invited to develop more detailed proposals and business plans and awarded $250,000 to help them do so. The independent panel will be looking at the following criteria as projects are evaluated: • The project reflects the true needs of the community • Project benefits are achievable through the use of digital technology • The benefits will have meaningful impact and are measurable • Strong engagement with, and collaboration between, local residents, community and business groups • Ability to scale projects and their transferability to other communities DISCUSSION As evidenced with the award of the 2017 E.A. Danby Award the Municipality of Bayham is a leader in small rural municipal administration innovation. The Bayham strategic digital knowledge management database with advanced automation and workflow capabilities that codify and utilize explicit, and, more importantly, tacit corporate knowledge, as a critical asset to sustainably modernize and innovate administration and service delivery is an example of`Smart Communities' approaches. To identify a potential project that addressed identified needs of the community, staff reviewed numerous reports from the Elgin St. Thomas Public Health Unit. The reports include, but are not limited to, the following: 1) 2010 Mapping Opportunities for Physical Activity and Healthy Eating in Elgin St. Thomas 2) An Environmental Scan of Rural Poverty in Elgin County 3) Community Profile: Elgin-Oxford 4) Community Social Report 5) Community Wellbeing Survey 6) Cycling Master Plan 7) Elgin St. Thomas Active Transportation Initiative 8) Social and Economic Inclusion Initiative 9) Active Elgin 10)2016 Walkability Assessment 11)Healthy Community Partnership 12)Age Friendly Community Plan 13)St. Thomas and Elgin County Study on Homelessness 14)System Mapping Report—Access to Affordable Recreation 15)System Mapping Report—Access to Affordable Transportation Key themes from the documents, which both consider multiple years of significant community engagement and objective assessment metrics centered on walkability and the improvement of Quality of Place. A selection of relevant excerpts is as follows: ELGIN ST. THOMAS AGE-FRIENDLY COMMUNITY PLAN—COMMUNITY DISCUSSION PAPER An Age-Friendly Community (AFC) is one where policies, services and facilities support and enable older people to live in a secure environment, enjoy good health and continue to participate fully in their communities. 1) Senior Needs - Sidewalk and "walkability" improvements 2) Recreation Needs - More trails and paths a. Advocate for"active transportation" (involving physical activity such as walking, cycling, etc.) with political representatives, advocacy groups and seniors. ELGIN ST. THOMAS HEALTH UNIT-AFFORDABLE ACCESS TO TRANSPORTATION IN ELGIN ST. THOMAS According to the Public Health Agency of Canada, active transportation is defined as any form of transportation that is human-powered such as walking, cycling, non-mechanized wheel chairing, and skateboarding. Supportive infrastructure for active transportation is encouraged by integrating features into community design. Features include trails, parks, sidewalks, and street lighting (shaping active, healthy communities). It's important for active transportation to be promoted in our community as an alternative to the car culture and attempt to get more people physically active. Not only can active transport be seen as a way to be physically active but it can also be seen as a mode of transportation when practical to commute from one place to another. ELGIN ST. THOMAS HEALTH UNIT-ACCESS TO AFFORDABLE RECREATION REPORT The provision of complete communities with sufficient infrastructure for active transportation, public transit, and access to education, work, retail and services is particularly important to those of lower income who may not have their own vehicle to rely upon, or who are otherwise disadvantaged. Thus, municipalities and community partners can work together to create and promote the availability of supportive environments and neighbourhoods that enable physical activity and when accessed regularly, will lead to a healthier more vibrant community. Active Transportation is walking, running, hiking, biking and rolling. It includes: • Active Recreation: Using Active Transportation modes for fitness and recreation (e.g., hiking, walking, cycling, etc.) • Active Destination Oriented Trips: Using Active Transportation modes for shopping, visiting friends, attending sporting events, running errands etc. • Active Commuting: Using Active Transportation to get to and from work and school. • Active Workplace Travel: Using Active Transportation modes during the business day to attend meetings, make deliveries etc. Next staff reviewed the Municipality of Bayham Multi-Year Capital Budget to identify a project or projects that would address the above noted issues. Further, the project needed to be able to have a Smart Community approach applied to the same that produced a communal benefit. The goal of this assessment was to identify a project that made sense for Bayham and advanced already existing initiatives, not to just create a project for the sake of the grant program. The infrastructure project that immediately became apparent was sidewalks within Bayham. Bayham currently has approximately 18,250 metres of existing sidewalks with the opportunity to add an additional 3,000 metres of sidewalk. Bayham is currently replacing said sidewalks at a rate of approximately $50,000/year or 320 metres/year. Next staff identified technology that could be utilized with a Smart Community approach to create a `Smart Sidewalk Network'. By utilizing self-contained passive infrared devices to conduct ongoing pedestrian counts it is possible to determine pedestrian volumes through the entirety of the community via a network of counting sites. This technology and corresponding data can be utilized to better activate the public realm and make shared spaces more useful to the community. Staff identified a self-contained device called a Pyro Box, by Eco-Counter. The Pyro Box, at $3,500/unit, is small, battery powered and easy to install. Data collected by the network of Pyro Boxes may be uploaded via Bluetooth to an application hosted in the cloud to generate reports and output data. Potential real-world applications of the data utility collected by the Smart Sidewalk Network is as follows: • Tracking changes in pedestrian and bicycle activity over time; • Evaluating the effects of new infrastructure on pedestrian and bicycle activity; • Prioritizing pedestrian and bicycle projects; • Modeling transportation networks and estimating annual volumes; • Conducting risk or exposure analyses; • Identifying high-priority locations for pedestrian and bicycle facility improvements and/or maintenance; • Economic activity statistics; • Developing and calibrating multimodal travel demand models. Non-motorized count data will continue to grow in importance as communities integrate non- motorized performance measures into their performance management programs and community planning. By evaluating user behaviour patterns the Municipality will be able to demonstrate the effects and results of improved communal walkability via a Smart Sidewalk Network. Beyond objective assessment versus existing historical Elgin St. Thomas Public Health data, the Smart Sidewalk Network data may be used to assess the following factors DATA TYPE KEY METRICS OBJECTIVE • Demonstrate an improvement in attitudes towards active Public opinion on biking and transportation walking • Demonstrate public desire for change • Demonstrate support across socio- demographic groups Demographics • Demonstrate current and future demographic changes • Project and track improvements in Public Indicators Economic Indicators economic vitality • Demonstrate success of similar projects in other communities • Project and track improvements in Health indicators (obesity health outcomes rates, BMI, diseases etc.) • Demonstrate improved health in other communities • Project and track improvements in Environmental Indicators environmental outcomes • Establish a benchmark to track results and improvements • Demonstrate changes in pedestrian and bicycle activity over time • Demonstrate facility performance Bike & Pedestrian Counts • Create a predictive model to understand impact of future Pedestrian & changes Bike Metrics • Understand priorities (which areas require investments) • Demonstrate current safety issues Safety Metrics • Demonstrate a drop in crashes and injuries. CONCLUSION Making application to the Smart Cities Challenge with a Smart Sidewalk Network application is a no known risk, extremely high reward proposition. Even if ultimately unsuccessful the application has the potential to raise the profile of innovation and sustainability leadership in the Municipality of Bayham. The first component of the application is to define a challenge statement. The Challenge Statement is a single sentence that defines the outcome or outcomes a community aims to achieve by implementing its smart cities proposal. The Challenge Statement must be measurable, ambitious, and achievable through the proposed use of data and connected technology. A draft challenge statement is as follows: Our community will leverage data and connected technology in a `Smart Sidewalk Network'that will improve walkability and quality of place in the Municipality of Bayham to ensure that 100% of hamlet residents and visitors can safely live an active and healthy lifestyle and move around the community, while achieving a measurable increase in overall communal health. RECOMMENDATION 1. THAT Report CAO-08/18 re Infrastructure Canada — Smart Cities Challenge be received for information; 2. AND THAT Council direct staff to make application to the Infrastructure Canada— Smart Cities Challenge for the Municipality of Bayham Smart Sidewalk Network as outlined within Report CAO-08/18. Respectfully Submitted by: Paul Shipway CAOICIerk INXICH.44,1 f41114= 1 .041;- "k* REPORT CAO Ppul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: March 1, 2018 REPORT: CAO-09/18 SUBJECT: PROPERTY STANDARDS BY-LAW— LOT MAINTENANCE BY-LAW BACKGROUND: Section 8.8 of the Official Plan of the Corporation of the Municipality of Bayham outlines Maintenance and Occupancy Standards 8.8.1.1 The Municipality shall endeavour to keep in a fit and well-maintained condition all municipally owned properties and structures, and to provide or maintain in good repair such municipal services as roads, sidewalks, water and sewerage facilities, and landfill sites. 8.8.2.1 The Municipality may pass by-laws pursuant to the Building Code Act, to establish minimum standards of maintenance and occupancy, and to conserve, sustain and protect existing and future development. A maintenance and occupancy by-law, applicable to all property within the municipality, may contain requirements with respect to: a. Garbage disposal and pest prevention; b. Structural maintenance, safety and cleanliness of buildings; c. Services to buildings including plumbing, heating and electricity; d. Keeping properties free from rubbish, debris, weeds, abandoned or used vehicles, trailers, boats, barges, mechanical equipment or material; e. Maintaining yards, lands, parking and storage areas, fences, swimming pools, accessory buildings, and signs; f. Occupancy standards. 8.8.2.2 The Municipality shall appoint a Property Standards Officer who will be responsible for administering and enforcing the Maintenance and Occupancy Standards By-law, and a Property Standards Committee for the purpose of hearing appeals against an order of the Property Standards Officer. On February 21, 2002 the Council of the corporation of the Municipality of Bayham passed By- law No. 2002-009, being a by-law to provide for the maintenance of yards, attached hereto as Appendix 'A'. On February 21, 2002 the Council of the Corporation of the Municipality of Bayham passed By- law No. 2002-010, being a by-law prescribing property maintenance and occupancy standards, attached hereto as Appendix 'B'. On December 19, 2002 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2002-087, being a by-law to appoint a property standards committee and to set out the remuneration, attached hereto as Appendix 'C'. On December 8, 2016 the Promoting Affordable Housing Act, 2016 received Royal Assent. Effective July 1, 2018 the Promoting Affordable Housing Act amends Sections of the Residential Tenancies Act to end the Province's role in enforcing residential rental maintenance standards. Pursuant to the Promoting Affordable Housing Act when the Provincial role ends, all municipalities will be required to enforce a version of residential rental maintenance standards. DISCUSSION Municipalities may enforce maintenance standards under Section 15 of the Building Code Act or Ontario Regulation 517/06 under the Residential Tenancies Act. Municipalities, before being legislated, passed property standards by-laws to regulate and govern the maintenance and occupancy of property, in order to enhance the quality of the community and neighborhoods, to protect the safety, health and well-being of the public and to ensure the continued enjoyment of property for residents and property owners. The Municipality of Bayham Official Plan utilizes the Building Code Act for property standards enforcement. The Building Code Act allows municipality to: • Issue an emergency order specifying repairs required immediately to terminate danger. • Issue an order prohibiting occupancy. • Cause the unsafe property to be renovated, repaired or demolished to remove the unsafe condition if owner fails to comply and add repair costs to municipal taxes as priority lien on title. • Commence prosecution under Part I of the Provincial Offences Act. • Commence prosecution under Part III of the Provincial Offences Act. A Property Standards By-law provides for the establishment of a Property Standards Committee that may hear appeals of work orders. The Property Standards Committee requires time, resources and per diem. An owner or occupant who is not satisfied with the terms or conditions of an order may appeal to the committee within 14 days after being served with the order. The Property Standards Committee may confirm, modify or rescind the order, or may extend the time to comply with the order. Subsequently, the Municipality may register an order on title of the property. Bayham does not have any records on file of any formal Property Standard Committee meetings and no current staff member has any knowledge of the same occurring. As a result of the resource requirements the Property Standards By-law is the least optimal regulatory enforcement mechanism. Since 2015 the Municipality of Bayham has worked to redraft the majority of its regulatory by- laws to ensure enforceability and to modify the by-laws from standard templates to by-laws that are drafted with the community and character of Bayham in mind. Attached hereto as Appendix 'D' is the proposed Property Standards By-law. The content of the by-law remains largely unchanged. The provisions have been reworded to create offences and the enforcement process has been removed on the advice of the County Solicitor to leave room for situation specific enforcement. Attached hereto as Appendix 'E' is the proposed Lot (Yard) Maintenance By-law. Any provisions of the Lot Maintenance By-law that are enforced under existing regulatory by-laws have been removed. The provisions have been reworded to create offences. RECOMMENDATION 1. THAT Report CAO-09/18 re Property Standards By-law— Lot Maintenance By-law be received for information; 2. AND THAT Council direct staff to bring forward a Property Standards By-law and a Lot Maintenance By-law for Council consideration. Respectfully Submitted by: Paul Shipway CAOICIerk THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002-9 Being a By-law to Provide for the Maintenance of Yards WHEREAS Section 210 of the Municipal Act,R.S.O. 1990,c.M.45,as amended,provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property,which includes all buildings and structures, and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings,structures,debris or refuse and left in graded and leveled condition; AND WHEREAS Section 210,paragraphs(30),(60—63),(80),(136),(146),and(150)of the Municipal Act,R.S.O. 1990,c.M 45,as amended,provides and authorizes the Council of local municipalities to pass by-laws with respect to property and yard maintain,draining,cleaning and clearing; AND WHEREAS Section 210,subsection(135)of the Municipal Act,R.S.O. 1990,e.M 45,as amended,authorizes the Councils or local municipalities to pass by-laws for prohibiting,or regulating and inspecting the use of any land or structures thereon within the municipality or any defined area or areas thereof for dumping or disposing of garbage,refuse or industrial waste of any kind,which by-law or by-laws: (a) may establish a schedule of fees chargeable upon inspection of such regulated land or structures; (b) may require the owners,lessees or occupants of such land or structures,at the expense of the owners, lessees or occupants,to cease using such land or structures for such purposes,or to cover over any garbage, refuse,or domestic or industrial waste in any prescribed manner,whether Of not such land or structures were so used before the passing of the by-law; (c) may define industrial or domestic waste; (d) a by-law under this subsection does not apply to the use of any land or structure by a municipality. AND WHEREAS Section 220.1 of the Municipal Act,R.S.O. 1990,c.M 45,as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of Municipality of Bayham; AND WHEREAS Sections 1,6, 12,60,and 61 of the Provincial Offences Act,R.S.O. 1990, as amended,provides that local municipalities can create a fine set by the Court for an offence,and other penalty provisions; AND WHEREAS the Official Plan for The Corporation of the Municipality of Bayham,passed on July 5,2001,as amended from time to time,includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighborhoods,to protect the safety,health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE,the Council of The Corporation of the Municipality of Bayham enacts as follows: 1. SHORT TITLE: This by-law may be cited as the"Yard Maintenance By-law". 2. DEFINITIONS: In this by-law, 1 Yard:4laintanance By Law Municipality of Bayham 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot,and which is not used or intended for use as human habitation. 2.2 "Chief Building Official"means the Chief Building Official appointed in accordance with the provisions of the Building Code Act, 1992,S.O. 1992,c.23 and having jurisdiction for the enforcement thereof,or a designated representative. 2.3 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.4 "Commercial Solid Waste or Grease Container"means a waste or grease disposal container placed on property within the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof, leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof. 2.5 "Composting"shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.6 "Composting Container"shall mean the holding unit used to store yard,garden and household wastes for the purpose of composting. 2.7 "Corporation"shall mean the Corporation of the Municipality of Bayham. 2.8 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.9 "Dwelling"means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.10 "Dwelling Unit"means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 2.11 "Inspectors"means Property Standards Officer,or any person designated to assist the Property Standards Officer in the administration and enforcement of this By- law. 2.12 "Medical Officer of Health"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.13 "Motor Vehicle"means any form of transportation for humans designated to be propelled or driven otherwise than by muscular power,and includes but is not limited to cars,trucks,motorcycles,motor homes,and trailers of any description. 2.14 "Municipality"means the geographical area of "The Corporation of the Municipality of Bayham". 2.15 "Non-residential Property"means any property or use of property designated, intended or used for any purpose other than those of a dwelling. 2.16 "Noxious Weed"means a plant that is designated under The Weed Control Act, R.S.O. 1990,c.W.5,and amendments thereto,as a noxious weed. 2.17 "Nuisance"shall mean any use or condition,which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.18 "Occupant"means any person or persons over the age of eighteen years in possession of the property. 2.19 "Offence"as found within s.l(1)of the Provincial Offences Act,R.S.O. 1990,c. P. 33 means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.20 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 2.21 "Official Plan"means the Official Plan for the Municipality of Bayham,passed on July 5,2001,as amended from time to time. 2.22 "Other Vehicle"means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power,and includes but is not limited to tractors,self propelled construction or industrial equipment,motorized snow vehicle,and then engines of cars or steam,electric,or diesel railways. 2.23 "Owner"means an owner,lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham. "Owner"shall also include the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let,and shall receive the rent if such land and premises were let,and shall also include a lessee or occupant of the property who,under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 2.24 "Person"means any person,corporation,or director of a corporation. 2 Yard Maintenance By-Law Municipality of Bayhatn 2.25 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows,such as storm drainage,roof water,surface and ground waters are not to be intentionally admitted. 2.26 "Property"means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes,mobile buildings,mobile structures,accessory buildings,fences and erections thereon, whether heretofore or hereafter erected,and includes vacant property. 2.27 "Repair"means the taking of any action as may be required so that the property shall conform to the Standards established in the By-law."Repair"includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws,codes and regulations. 2.28 "Residential Property"means a dwelling and includes any lands,yards,and buildings appurtenant thereto,outbuildings,fences,steps,sidewalks,walkways, driveways,parking spaces and erections thereon,whether heretofore or hereafter erected,and further includes vacant land. 2.29 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse,constructed of materials which has an equivalent durability to No.28 gauge metal and having a height not exceeding 100 cm,a diameter not exceeding 50 cm,a weight including contents,not exceeding 35 kg, a water tight lid and two handles. 2.30 "Rubbish"means any waste material,debris,refuse,litter or articles of trash. 2.31 "Set Fine"means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division)for an offence for the purpose of proceedings commenced under Part I or Part 11. 2.32 "Sewage"means any liquid waste containing animal,vegetable or mineral matter in suspension or solution,but does not include roof water or other storm runoff. 2.33 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved by the Medical Officer of Health. 2.34 "Standards"means the standards for the physical condition and the occupancy of property prescribed in this By-Iaw. All standards herein are deemed to be the minimum standards lbr the promotion of the health,safely,comfort,convenience, and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 2.35 "Structure"means anything constructed or erected,the use of which requires location on or in the ground,or attached to something having location on the ground,and,without limited the generality of the foregoing,includes walls, fences,signs,and billboards. 2.36 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty(30)days. 2.37 "Vessel"means any form of marine transportation for humans,commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines,steam,electric,muscular or natural power. 2.38 "Waste Material"means any article thing,matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not,or appears to be used up in whole or in part,or expanded or worn out in whole,or in part. Without restricting the generality of the definition set forth above,"Waste Material"may specifically include: (a) garbage,refuse,debris,litter,grass clippings,tree and garden cuttings,brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardboard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as appliances,furniture,or household goods,including a mattress,bed,dresser,sofa,chair,table,television,radio,stove,refrigerator,dishwasher, washing machine and dryer or other furnishing or appliance or any part of any of them; (e) any furnace,hot water heater,air conditioner, or any part of any of them; (f) any pipes,water or fuel tanks,wooden or metal signs or palettes; (g) a motor vehicle or other vehicle which is not operative,a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories,mechanical equipment, mechanical parts,unmounted tires,tires mounted on rims,accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (h) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel,vessel parts and accessories,mechanical equipment,mechanical parts,accessories or adjuncts to the vessel and mechanical equipment; 3 Yard Maintenaaec By-Law Municipality of Bayham (g) broken concrete(other than for shore protection),asphalt pavement,patio/sidewalk slabs, surplus building materials whether new or used; (h) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j) all waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k)any liquid containing chemicals or solids either dissolved or in suspension. 2.39 "Yard"shall mean the land or property around and appurtenant to the whole or any part of a structure,building,or dwelling and used or intended to be used,or capable of being used,in connection with the structure or dwelling;and shall include vacant lots located within the hamlets and villages of the Municipality of Bayham as designated in the Official Plan,passed July 5,2001,as amended from time to time. 3. MAINTENANCE OF YARDS: 3.1 Every owner shall keep all yards,grounds and vacant lands,which he,she or they may own,lease or occupy,cleaned and cleared of all rubbish,debris and waste material. Every property shall be maintained free from conditions that may create a health,safety or fire hazard. 3.2 No person shall use any land or structure within the Municipality for dumping or disposing of rubbish,debris or waste material of any kind. 13 Paragraphs 3.2 does not apply to land or structures operated by the Municipality for the purpose of dumping or temporary disposing of waste material on land or structures designated by By-law of the Municipality or used for the purpose of dumping or disposing of waste material on land which is being lawfully used for the outdoor storage of materials under applicable zoning and licensing regulations. 3.4 No person shall throw,place or deposit refuse,debris or waste material on private property without the written authority of the owner and occupant of the property. 3.5 No person shall throw,place or deposit refuse,debris or waste material on Municipal or County property without written authority of the Municipality or the County. 3.6 No owner or occupant shall permit weeds and grasses on any yard to grow or stand greater than six(6)inches I fifteen(15)centimeters in height. 17 Every owner and occupant shall eliminate from all yards all plants designated as noxious weeds under The Weed Control Act,R.S.O. 1990,c.W.5. 3.8 Every owner shall he kept every property which he,she or they may own,lease or occupy,free from heavy undergrowth or underbrush,and free from dead,decayed or damaged trees,and branches and limbs thereof,which may create a potential fire hazard, or unsafe condition,or harbor pests or vermin. 3.9 Every owner shall keep all hedges and trees adjacent to a public sidewalks or roadways cut and trimmed so as to allow safe and unhindered passage and an unobstructed view of pedestrian and/or vehicular traffic upon such sidewalk or roadway. 3.10 No owner shall plant,maintain or permit any tree,bush,hedge,or shrub to grow more than 1.0 metre in height on a corner lot within 4.0 metres of the intersection of the front lot line and the exterior Iot line of such lot. 3.11 Every owner shall keep every property,which he,she or they may own,lease or occupy, clear and clean of dilapidated or collapsed structures or erections,or used building materials not being utilized in the construction of a building. 4 'Yard Maintenance By-Lew Municipality of Bayham 4. SIDEWALKS,DRIVEWAYS,PARKING AND LOADING AREAS: 4.1 Every owner shall maintain in good condition all sidewalks,steps,porches, and verandas on the property,which he,she or they may own,lease or occupy,so as to afford safe passage under normal use and weather conditions. 4.2 Every occupant shall maintain in good condition all driveways,parking areas and loading areas on the property which he,she or they may own,lease or occupy,so as to afford safe passage under normal use and weather conditions 4.3 Every owner and occupant shall provide and maintain a clear,unobstructed access to all gas,water and hydroelectric meters and service entrance equipment, inside and outside of buildings. 4.4 The occupant and where there is no occupant,the owner or person having charge,care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all dirt,debris,and litter from the sidewalk on the side of such street which is nearest to such building or lot. 4.5 The occupant and where there is no occupant,the owner or person having charge,care or control of any building or lot fronting any street or part of a street shall remove and clear away and keep removed and cleared away all snow and ice from the sidewalk on the side of such street which is nearest to such building or lot. 4.6 If any person who is required by paragraphs 4.4 and 4.5 of this By-law to remove snow and/or ice from the sidewalks of the street adjoining his or her premises refuses or neglects to remove or clear away the same within the first four(4)hours of daylight after any fall of snow or fall of hail or rain which freezes on the said sidewalks; or refuses or neglects to remove dirt,debris or litter from same,and neglects or refuses to do so for twenty-four(24)hours after receiving notice from the Property Standards Officer or Superintendent of Public Works to carry out this; then said person shall be deemed to be in default of this By-law and the Property Standards Officer or Superintendent of Public Works may cause such snow,ice,dirt or litter to be cleared away and removed at the expense of such person. In the ease of non-payment of such expense,the same shall be recovered in like manner as municipal taxes pursuant to Section 326 of the Municipal Act,R.S.O. 1990. 5. MOTOR VEHICLES&MACHINERY: 5.1 No person shall use any property within the Municipality of Bayham for the storing and/or parking of a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Act for the Province of Ontario or amendments thereto,for the purpose of repairing,wrecking or dismantling it or salvaging parts thereof for sale or other disposal,unless the use of such land is in conformity with the requirements of the Municipal Zoning By-laws. 5.2 No person shall use any property within the Municipality of Bayham for the storing and/or parking of any other vehicle,which is in a rusted,wrecked,discarded,dismantled, partially dismantled,inoperative or abandoned condition,unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5.3 Every owner shall keep every property,which he,she or they may own,lease or occupy, clear and clean of machinery,or parts thereof or other object or parts thereof or the accumulation of material that creates an unsafe condition. 5.4 No person shall use any property within the Municipality of Bayham for storing vessels or parts thereof for the purpose of repairing,wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless the use of such land or structure is in conformity with the requirements of the Municipal Zoning By-laws. 5 Yard Maintenance Hy-Caw Municipality of riayham 6. OUTDOOR STORAGE: 6.1 No owner or occupant shall use any property as a place to store,keep,display,pile or accumulate any debris or waste material. 6.2 Where outdoor storage is permitted by law,the owner shall maintain such storage in a safe condition,located,parked or stacked in a neat and orderly fashion or in bins, containers,structures or enclosures appropriate to the nature,composition,chemical or other characteristic properties or distinctive attributes of the substance stored. 6.3 Where outdoor storage is permitted by law,the owner shall completely enclose such outdoor storage areas with fencing at least 1.5 meters in height,which fencing shall be constructed in such a fashion as to block the view of items stored. Such fenced enclosure shall be located at least 6.0 meters from any street,and the area exterior thereto shall be landscaped,save and except any adjoining building,driveway,or parking or loading area. 7. GARBAGE RECEPTACLES: 7.1 Every owner of property shall provide every building and every dwelling unit within a dwelling with sufficient receptacles to contain all garbage,rubbish and ashes. 7.2 Every owner or occupant shall promptly store all garbage and refuse in receptacles, which receptacles shall be made available for removal in accordance with the applicable by-law for the Corporation,and all amendments thereto,or where collection is by private contract,in accordance with the terms of the contract,provided that,in any event,the same shall not be permitted to accumulate upon a property in such fashion as to create a health,fire or safety hazard or create a nuisance. 7.3 Every owner or occupant shall use outside receptacles which: i) are made of water tight construction; i i) provide a cover adequate to prevent the escape of garbage and; iii) are maintained in a clean state. 7.4 Garbage in garbage storage areas shall be kept rodent and insect free at all times and methods used for exterminating rodents or insects or both,shall conform to generally accepted practice. 7.5 Paper bags of any type shall not be considered as acceptable receptacles. 7.6 No person shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 8. PEST PREVENTION: A building shall be kept free of rodents(other than those kept as pets in wire cages), vermin and insects at all times,and methods used for exterminating rodents,vermin and insects shall be in accordance with the provisions of The Environmental Protection Act, R.S.O. 1990,c.E. 19 and The Pesticides Act,R.S.O. 1990,c.P. 11 and regulations there under made,as amended or its successor. All openings in basements,cellars or crawl spaces,including floor drains shall be protected to prevent the entrance of rodents, vermin and/or insects. 9. FENCES: 9.1 Fences shall be kept in good repair and free from accident hazards.Fences shall be kept in a structurally sound condition and shall be kept plumb,unless specifically designed to be other than vertical. Fences shall be kept protected by paint,preservative or other weather resistant material unless the aesthetic characteristics of the fence are enhanced by the lack of such material. 6 Yard Itlaintenance By-Law Municipality of Bayham 9.2 Every fishpond,which exceeds 0.5 metres in depth,shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the fishpond or any other collection of water or any other liquid and must be constructed so as not to be used as a ladder allowing entry to the enclosed area.Every fence,which encloses a fishpond exceeding 0.5 metres in depth,must be equipped with a working self-closing device and also be equipped with a working self-latching device, which cannot be easily opened by a child. 10. RETAINING WALLS: All retaining walls shall be maintained in good repair and free from accident hazard. All retaining walls shall comply with the Ontario Budding Code, 1992,S.O. 1992,c. 23. Without restricting the generality of Section 10.1 of this By-law,the maintenance shall include: i) redesigning,repairing or replacing of all deteriorated,damaged,misaligned or missing portions of the wall,or railing and guards appurtenant thereto; ii) installing subsoil drains where required to maintain the stability of the wall; iii) grouting masonry cracks; iv) applying a coating of paint or equivalent preservative. 11. RAILINGS AND GUARDRAILS: All railings,hand rails and guardrails shall be of sound construction,and maintained free of health,fire and safety hazards,and shall be provided in accordance with the requirements of the Ontario Building Code. All railings,hand rails and guardrails shall be maintained in good repair and securely affixed or anchored. 12. ACCESSORY BUILDINGS: 12.1 An accessory building shall be kept in good repair,and free from health,fire and accident hazards. The exterior of an accessory building shall be weather resistant,and where necessary this shall be accomplished by the use of weather resistant materials. 12.2 All accessory buildings shall be properly anchored as to prevent said buildings from being damaged by the force of the wind and weather. 12.3 Where an accessory building is not maintained in accordance with these standards,it shall be removed from the property. 13. SWIMMING POOLS: 13.1 Swimming pools shall be maintained in good repair,free of leaks. 13.2 No person shall construct,install or erect any swimming pool on any property,which will or may,in any manner,alter the existing drainage of water upon,in,along,or through such property so as to obstruct the drainage of such property or obstruct the drainage of any adjacent property or create ponding upon any property. 13.3 Swimming pools shall be drained to the street or directly to a storm sewer system when being drained or emptied,and no person shall permit a swimming pool to drain onto an adjacent property. The backwash from pool filters shall be drained to either a sanitary or a storm sewer or may be spread on lawn areas provided seepage there from does not affect adjacent properties. 13.4 Every swimming pool,which exceeds 0.5 metres in depth, shall be enclosed by a fence of at least 1.2 metres in height. Such fence shall not have horizontal structural members on the side away from the swimming pool must be constructed so as not to be used as a ladder allowing entry to the enclosed area. 7 Yard Maintenance By-Law Muntripslity ofBayham 115 Every fence,which encloses a swimming pool,exceeding 0.5 metres in depth,must be equipped with a working self-closing device and also be equipped with a working self- latching device,which cannot be easily opened by a child. 14. SEWAGE AND DRAINAGE: 14.1 Every owner shall provide the property,which he,she or they may own,lease or occupy, with sanitary disposal of sewage into a sewage system. Sewage of any kind shall not be discharged onto the surface of the ground,whether into a natural or artificial surface drainage system or otherwise. 14.2 Every owner shall drain their land where water has accumulated upon the land to such a depth that in the opinion of the Chief Building Official,an Officer or designate,an unsafe or dangerous situation exists. 14.3 No person shall connect or permit any connection of any weeping tile,foundation drain, roof drain,or land drain into any private drain. 14.4 No person shall discharge,or permit to be discharged into any private drain or sanitary sewage system,any extraneous flow such as ground water,foundation tile water,roof or surface water or storm drainage. Every owner of a property with a private drain shall alter or repair the private drain to disconnect any extraneous flows from the private drain. 14.5 No person shall allow the discharge of roof drainage on sidewalks,stairs or neighboring property,or on any impervious surface within road allowance. 14.6 Every owner shall drain storm water from the yard so as to prevent recurrent ponding,or the entrance of water into a basement or cellar. 14.7 Every owner,lessee or occupant shall keep in repair his or her private drain and shall alter or relay the private drain as may be required by the Chief Building Official,an Officer or designated person. 15. SIGNS: 15.1 Every person shall maintain their signs: i) so as not to cause any unsafe condition; ii) in a vertical plane unless otherwise erected and approved,in which case such sign shall be maintained as erected and approved; iii) without any visible deterioration of the sign and its structure when viewed from any property other than the property on which the sign is situated;and, iv) in conformance with the requirements of the sign by-laws of the municipality. 15.2 Every person shall remove from the property,or shall store within a building,any signs that are unused or not cared for or discarded. 16. LIABILITY: Every owner,lessee and occupant of the lands and premises within the territorial limits of the Municipality of Bayham are jointly and severally liable to ensure compliance of such lands and premises with the standards prescribed by this by-law. 17. RIGHT OF ENTRY: For the purpose of ensuring compliance with the provisions of this By-law the Chief Building Official,the Property Standards Officer,the Medical Officer of Health or designate,the Fire Prevention Officer or designate,and any other person appointed as By-law Enforcement Officer and/or acting under the instructions of the Council of the Municipality of Bayham may at all reasonable times,enter upon and inspect any land or structure where garbage,refuse or waste materials is located or kept. Yard Maintenance By-Law Municipality of Bayham. 18. RESPONSIBILITY OF OCCUPANT AND OWNER: 18.1 The occupant of the property shall,in respect of that part of any property which he or she occupies and controls,comply with all of the standards prescribed in this By-law. 18.2 The owner of every property shall: i) comply with all of the standards prescribed in this By-law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; iii) comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 19. PROPERTY STANDARDS OFFICER: 19.1 For the purpose of the administration and enforcement of this By-law,the office of Property Standards Officer is hereby created,and the person appointed from time to time to this office shall be responsible for the administration and enforcement of this By-law subject to review of Council. 19.2 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 19.3 The Property Standards Officer may,from time to time,designate other persons to act as his assistant in the administration and enforcement of this By-law. 20. ADMINISTRATION AND ENFORCEMENT: 20.1 When any lands and/or premises are not maintained pursuant to the requirements of this By-law,the Property Standards Officer,the Chief Building Official,or a designated person may,by personal service,registered mail or any other permitted means,deliver a Notice of Violation and Repair to any owner at the address shown on the last revised assessment roll or to the last known address of any such owner. 20.2 The Notice shall state: (a) that the property does not comply with the standards prescribed by the By-law and shall specify the standards with which the property does not comply; (b) that after a certain date,specified in the Notice,the property will be subject to a re-inspection to ascertain compliance; (c) that after the specified re-inspection date,the property still does not comply to the prescribed Standards,an Order will be issued by the Officer under Paragraph 20.3 of this By-law;and (d) that the Officer may be contacted for the purpose of requesting further information and advice pertinent to the violations noted or reporting what action is being or will be taken to affect compliance with this By-law. 20.3 If,after affording any person served with a Notice provided for in Paragraph 20.2 an opportunity to appear before the Officer and to make representations in connection therewith,the Officer may make and serve or cause to be served upon or sent by prepaid registered mail to such person an Order containing: (a) the municipal address or legal description of such property; (b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level condition and the period in which there must be a compliance with the terms and condition of the Order and Notice that,if such repair or clearance is not completed with in the time specified in the Order,the municipality may carry out the repairs at the expense of the owner;and (c) the final date for giving Notice of appeal from the Order. 20.4 If the Officer is unable to effect service under Paragraphs 20.2 and 20.3,he/she shall place a placard containing the terms of the Notice or the Order in a conspicuous place on 9 Yard Maintenance 13y-Law Municipality of 13aytiam the property and the placing of the placard shall be deemed as sufficient service of the Notice or Order on the owner or other persons. 20.5 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 20.6 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. 20.7 If any owner and/or any occupant of any lands and/or premises fails to comply with anything required to be done in accordance with this By-law,the Municipality of Bayham in addition to all other remedies,shall: (a) Have the right to repair the said lands and/or premises so as to create and/or maintain compliance with those standards set forth in this By-law, and,for this purpose with its servants and agents from time-to-time to enter in and upon the property; (b) Not be liable to compensate such owner or any other person having an interest in the property by reasons of any thing done by or on behalf of the Municipality of Bayham under provisions of this subsection,and (c) Have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 20.8 Every 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. 20.9 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 Offences Act,KS O. 1990, c.P. 33,as amended and any successor legislation thereto. 20.10 Following the inspection of a property,the Officer may,or on the request of the owner shall,issue to the owner a Certificate of Compliance,if in the Officer's opinion,the property is in compliance with this By-law. 20.11 A fee in the amount of One Hundred and Twenty Five($125.00)Dollars shall be payable to the Municipality prior to the issuance of a Certificate of Compliance where it is issued at the request of or on behalf of the owner. 20.12 This By-law shall be enforced,by the Property Standards Officer,upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or ratepayer of the Municipality of Bayham directly affected by the alleged violation. 20.13 This By-law may be enforced by the Property Standards Officer on it's own initiative. 20.14 If an article of this By-law is for any reason held to be invalid,the remaining articles shall remain in effect until repealed. 20.15 Where a provision of this By-law conflict with the provisions of another By-law in force within the Municipality,the provisions that establish the higher standards to protect the health,safety and welfare of the general public shall prevail. 20.16 It is hereby declared that each and every of the foregoing provisions of the By-law is severable and that,if any provisions of this By-law should,for any reason,be declared invalid by any Court,it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect. 20.17 And whereas By-law#2335 for the Township of Bayham,and By-law#94-22 for the Village of'Port Burwell,and By-law#829 for the Village of Vienna are hereby repealed. 20.18 Where any Act or portion of any Act is referred to in this By-law,such reference shall be interpreted as referring to any subsequently renumbered sections of the Act,and/or 10 Yard Maintenance By-Law Municipality of Bayharn changes to the date of the Act,and/or amendments or revisions to the Act,or re- enactments of the Act. 20.19 This By-law shall come into full force and effect as of the date of passing thereof. READ a first,and second time this 21st day of February,2002. Mayor Clerk READ a third time and finally passed this Lot day of February,2002. Mayor Clerk 11 Yard Maintenance By-Law Municipality ofBayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law l2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN I: COLUMN 2: I COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes - or Defining Offence Costs) 1 Fail to keep yard clean&clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3.4 $355.00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. - Section 3.7 $105.00 7 Fail to keep yard free from dead,decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 3.9 $105.00 9 Fail to keep roadway unobstructed. Section 3.9 $105.00 10 Fail to keep intersection unobstructed. Section 3.10 $155.00 11 Fail to clear away collapsed structure. Section 3.11 $155.00 12 Fail to maintain sidewalk. Section 4.1 "$105.00 13 Fail to maintain steps. Section 4.1 -$105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $105.00 meter. 19 Fail to clear away dirt,debris&litter. Section 4.4 $ 80.00 20 Fail to clear away snow&ice. Section 4.5 $ 80.00 21 Permit storage/parking of unlicenced motor Section 5.1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 i property. 23 Fail to keep property clear&clean of Section 5.3 $125.00 machinery&materials. 24 Permit storage of vessel or parts thereof on Section 5.4 $125.00 property. 25 Permit accumulation of waste material on Section 6.1 $125.00 property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 Property 27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 $105.00 32 Fail to keep garbage storage area rodent Section 7.4 $80.00 free. 33 Fail to keep garbage storage area insect free. Section 7.4 $80.00 NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9..a certified copy of which By-law has been filed. 12 Yard Maintenance By-Law Municipality ofBuvham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN is COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Denning Offence Costs) 34 Cause container to overflow. Section 7.6 $80.00 35 Permit container to overflow. Section 7.6 $80.00 36 Fail to keep building rodent/vermin free. Section 8 $55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 38 Fail to fence in fishpond. Section 9.2 $105.00 39 Fail to maintain retaining wall. Section 10 $155.00 40 Fail to maintain railings,handrails& Section I I $105.00 guardrails. 41 Fail to keep accessory building in good Section 12.1 $105.00 repair. 42 Fail to anchor building. Section 12.2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 44 _Fail to maintain swimming pool. Section 13.1 1 $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 ° $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 ~ Fail to fence in swimming pool. Section 13.4 $105.00 48 Fail to provide self-latching device on Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14.1 - $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private Section 14.3 $155.00 drain. 54 Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 $105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 neighbouring property. 59 Fail to prevent ponding. Section 14.6 $105.00 60 Fail to prevent entrance of water into Section 14.6 $105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 Fail to remove sign from property. Section 15.2 $105.00 64 Fail to store unused,uneaxed for sign within Section 15.2 $105.00 building. 65 Owner-Fail to comply with Property Section 20.5 $355.00 Standard's Order. 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 13 14: May 6,2002 LMAY 10 20(12 MUNICI'PA CI"(OF'bAYilAM Ms.Carol Judd Municipality of Bayhani PO Box 160,9344 Plank Road Straffordville ON NOJ 1Y0 Dear Ms.Judd: Re: Set Fines-Provincial Offences Act—Part I By-law Number 2002-9,Municipality of Rayburn 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, Alexander M.Graham Regional Senior Justice West Region Enclosures 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 Statues and Regulations thereunder and Municipal By-law No. 2002-9, of The Municipality of Bayham,attached hereto is the set fine including costs,for those offences. This Order is to take effect May 6,2002. Dated at London this 6th day of May,2002. //1 — Alexander M.Graham Regional Senior Justice West Region Yard Maintenance By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Fail to keep yard clean&clear of debris. Section 3.1 $105.00 2 Used land for dumping of debris. Section 3.2 $355.00 3 Dump/Deposit debris on private property. Section 3,4 $355,00 4 Dump/Deposit debris on municipal Section 3.5 $355.00 property. 5 Permit weeds/grasses to grow greater than Section 3.6 $125.00 6 inches/15 cm in height. 6 Fail to eliminate noxious weeds from yard. Section 3.7 $105.00 7 Fail to keep yard free from dead,decayed& Section 3.8 $105.00 damaged trees. 8 Fail to keep sidewalk unobstructed. Section 3.9 $105.00 9 Fail to keep roadway unobstructed. Section 3.9 $105.00 10 Fail to keep intersection unobstructed. Section 3.10 $155.00 11 Fail to clear away collapsed structure. Section 3.11 $155.00 12 Fail to maintain sidewalk. Section 4.1 $105.00 13 Fail to maintain steps. Section 4.1 $105.00 14 Fail to maintain porch&veranda. Section 4.1 $105.00 15 Fail to maintain driveway. Section 4.2 $105.00 16 Fail to maintain parking area. Section 4.2 $105.00 17 Fail to maintain loading area. Section 4.2 $105.00 18 Fail to provide unobstructed access to utility Section 4.3 $I05.00 meter. 19 Fail to clear away dirt,debris&litter. Section 4.4 $80.00 20 Fail to clear away snow&ice. Section 4.5 $80.00 _ 21 Permit storage/parking of unlicenced motor Section 5,1 $125.00 vehicle on property. 22 Permit storage/parking of vehicle on Section 5.2 $125.00 property. 23 Fail to keep property clear&clean of Section 5.3 $125,00 machinery&materials. 24 Permit storage of vessel or parts thereof on Section 5.4 $125.00 property. 25 Permit accumulation of waste material on Section 6.1 $125.00 property. 26 Fail to maintain proper outdoor storage on Section 6.2 $125.00 property. 27 Fail to maintain safe outdoor storage on Section 6.2 $155.00 property. 28 Fail to provide enclosure for outdoor Section 6.3 $155.00 storage area. 29 Fail to provide sufficient garbage Section 7.1 $105.00 receptacle(s). 30 Fail to store garbage in receptacle. Section 7.2 $105.00 31 Fail to use outside garbage receptacle. Section 7.3 $105.00 32 Fail to keep garbage storage area rodent Section 7.4 $ 80.00 free. 33 Fail to keep garbage storage area insect free. Section 7.4 $ 80,00 NOTE: The penalty provision for the offences indicated above is Section 20,8 of By-law#2002-9,a certified copy of which By-law has been filed. 12 Yard Maintenance Bylaw Municipahly of Bnyham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM SET FINE SCHEDULE PART 1 Provincial Offences Act For By-Law#2002-9 Being a By-law to Provide for the Maintenance of Yards In a Clean and Clear Condition ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form wording Provision Creating Fine(Includes or Defining Offence Coats) 34 Cause container to overflow. Section 7.6 $80.00 35 Permit container to overflow. Section 7.6 $80.00 36 Fail to keep building rodent/vermin free. Section 8 $55.00 37 Fail to keep fence in good repair. Section 9.1 $105.00 38 Fail to fence in fishpond. Section 9.2 $105.00 39 - Fail to maintain retaining wall. Section 10 $155.00 40 Fail to maintain railings,handrails& Section 11 $105.00 guardrails. 41 Fail to keep accessory building in good Section 12.1 $105.00 repair. 42 Fail to anchor building. Section 12.2 $105.00 43 Fail to remove accessory building. Section 12.3 $105.00 X44 Fail to maintain swimming pool. Section 13.1 $105.00 45 Permit swimming pool to obstruct drainage. Section 13.2 $105.00 46 Permit swimming pool to drain onto Section 13.3 $105.00 adjacent property. 47 Fail to fence in swimming pool. Section 13.4 $105.00 48 Fail to provide self-latching device on - Section 13.5 $105.00 swimming pool gate. 49 Fail to provide self-closing device on Section 13.5 $105.00 swimming pool gate. 50 Fail to provide sanitary disposal of sewage. Section 14.1 $155.00 51 Fail to provide sewage disposal system. Section 14.1 $155.00 52 Owner fail to drain lands. Section 14.2 $105.00 53 Permit unauthorized connection into private -Section 14.3 $155.00 drain. 54 Permit extraneous flow into private drain. Section 14.4 $155.00 55 Permit extraneous flow into sanitary sewage Section 14.4 $155.00 system. 56 Permit discharge of roof drainage on Section 14.5 $105.00 sidewalks. 57 Permit discharge of roof drainage on stairs. Section 14.5 $105.00 58 Permit discharge of roof drainage onto Section 14.5 $105.00 neighbouring property. 59 Fail to prevent ponding. Section 14.6 ti $105.00 60 Fail to prevent entrance of water into Section 14.6 $105.00 basement/cellar. 61 Fail to repair private drain. Section 14.7 $155.00 62 Fail to maintain sign. Section 15.1 $105.00 63 Fail to remove sign from property. Section 15.2 $105.00 64 Fail to store unused,uncared for sign within Section 15.2 $105.00 building. -65 [ Owner-Fail to comply with Property Section 20.5 $355.00 Standard's Order. 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. NOTE: The penalty provision for the offences indicated above is Section 20.8 of By-law#2002-9,a certified copy of which By-law has been filed. 13 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW#2004-017 A BY-LAW TO AMEND BY-LAW #2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the Corporation of the Municipality of Bayham did by By-law #2002-009 provide for the maintenance of yards; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend the Yard Maintenance By-law#2002-009; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law#2002-009 be amended by deleting the following clauses: 20.3 If,after affording any person served with a Notice provided for in Paragraph 20.2 an opportunity to appear before the Officer and to make representations in connection therewith,the Officer may make and serve or cause to be served upon or sent by prepaid registered mail to such person an Order containing: (a) the municipal address or legal description of such property; (b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level condition and the period in which there must be a compliance with the terms and condition of the Order and Notice that,if such repair or clearance is not completed with in the time specified in the Order,the municipality may carry out the repairs at the expense of the owner;and (c) the final date for giving Notice of appeal from the Order. 20.5 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 20.6 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. 20.9 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 Offences Act; R.S.O. 1990, c, P. 33, as amended and any successor legislation thereto. By-law#2002-009,Set Fine Schedule,Items#65 and 66: 65 Owner—Fail to comply with Property Section 20.5 $355.00 Standard's Order. 66 Occupant-Fail to comply with Property Section 20.6 $355.00 Standard's Order. 2. THAT By-law#2002-009 be amended by amending the following clauses,to read as follows: 20.2 The Notice of Violation and Repair shall state: (a) that the property does not comply with the provisions prescribed by this By-law; (b) that after a certain date, specified in the Notice, the property will be subject to a re-inspection to ascertain compliance; (c) that, if after the specified re-inspection date, the property still does not comply to this By-law the Municipality shall exercise the remedies set out in this By-law; (d) that the Property Standards Officer and/or the Municipal Law Enforcement Officer may be contacted for the purposes of requesting 1 further information pertinent to the violations noted or to report what action is being or will be taken to affect compliance with this By-law. 20.3 If the Officer is unable to effect service under Paragraph#20.2,he/she shall place a placard containing the terms of the Notice of Violation and. Repair in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Notice on the owner or other persons. 3. THAT By-Iaw#2002-009 be amended by adding the following clauses: 17,2 A Municipal Law Enforcement Officer designated to perform inspections pursuant to this By-law may at all reasonable times, enter onto land for the purposes of an inspection of the land. 17.3 Where it becomes necessary to proceed pursuant to Section#20 of this By-law, a Municipal Law Enforcement Officer may enter onto the lands with any person and the appropriate equipment as required to bring the property into compliance with this By-law. 19.4 Municipal Law Enforcement Officers shall be designated to act as assistants to the Property Standards Officer for the purpose of administration and enforcement of this By-law. 20.7 (d) Where any of the matters or things are removed in accordance with this By-law the matters or things may be immediately disposed of by the Chief Building Official,Property Standards Officer or designate. 20.9 (a) 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. 20.9 (b) The Court in which the conviction has been entered,and any Court of competent jurisdiction thereafter,may make an order prohibiting the continuation or repetition of the offence by the person convicted,and such order shall be in addition to any other penalty imposed on the person convicted. 4. Effective Date: This By-law comes into force on the day it is passed. Read a first and second time this 19th day February 2004. Clerk: Lynda Mi lard Mayor: Acre Read a third and final time this day of February 2004. Clerk: Lynda Millard Mayor, ynn Acre 2 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW#2004-092 A BY-LAW TO AMEND&ALLOW FOR THE GRANT OF EXEMPTION BY COUNCIL,UNDER BY-LAW #2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the Corporation of the Municipality of Bayham did by By-law #2002-009 provide for the maintenance of yards; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend the Yard Maintenance By-law#2002-009; NOW THEREFORE THE CORPORATION OF THE MUNICIPALITY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. THAT By-law#2002-009 be amended by amending the following clause to read as follows: 3.6 (a) No owner or occupant shall permit weeds and grasses on any yard to grow or stand greater than eight(8)inches 120.32 centimeters in height. (b) Notwithstanding Subsection 3.6(a),yards used for the purpose of agricultural crops at the time of passing of By-law No. 2002-009, and used for such purpose on a continuous (annual) basis, may be permitted by Council, in its sole discretion, to continue such use. At such time as the use for agricultural crops is discontinued(one year or greater), or the property is sold or transferred, such exemption shall terminate. The ownerioccupant must make application in writing for such exemption, and shall provide such proof of use as required by Council. 2. Effective Date: This By-law comes into force on the day it is passed. Read a first and second time this 4th day November 2004. Clerk: Lynda Millard Mayo Lynn Acre Read a third and final time this 'f tk. day of November 2004. Cl- ' : Lynda Millard May Lynn Acre THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2012-077 A BY-LAW TO AMEND BY-LAW 2002-009,BEING A BY-LAW TO PROVIDE FOR THE MAINTENANCE OF YARDS WHEREAS the corporation of the Municipality of Bayham did by By-law#2002-009 provide for the maintenance of yards; AND WHEREAS the Council of the Corporation of the Municipality of Bayham now deems it necessary to amend the Yard Maintenance By-law#2002-009, as amended; NOW THEREFORE THE CORPORATION OF THE MUNICIPALTY OF BAYHAM HEREBY ENACTS AS FOLLOWS: 1. That By-law 2002-009 as amended, be and the same is hereby further amended by adding the following clause after Section 3.6(b): 3.6(c) Notwithstanding Subsection 3.6(a) any growth which forms part of a natural garden deliberately maintained to produce ground cover, including one or more species of wildflowers, shrubs, trees,herbaceous plants ferns, grasses or combinations of the above, whether native or non-native, whether editable or non-edible, consistent with a managed and natural landscape shall be permitted. 3.6(d)notwithstanding Subsection 3.6(c),the following restrictions and setbacks shall be enforced in all urban areas as defined in Section 4 of the Official Plan of the Municipality of Bayham: 1. a setback of 2 meters shall be provided from the edge of the traveled portion of a roadway where natural gardens exist in urban areas where growth can't exceed 20 cm in height 2. a setback up to 2 meters shall be provided from the edge of the traveled portion of a sidewalk where natural gardens exist in urban areas where growth can't exceed 20 cm in height 3. no noxious weeds as defined in R.R.O. 1990,Regulation 1096 (Weed Control Act) shall be permitted in any natural gardens anywhere in Bayham 3.6(e)mature trees are exempt from Section 3.6(d) so long as the canopy of the tree when in bloom does not present a public hazard. 2. By-law 2012-077 repeals By-law 2010-040 and conies into force the day it is passed. REM)A FIRST,SECOND AND THIRD TIME and finally passed this 21"day of lune 2012. MA OR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW 2002 - 10 Being a By-law Prescribing Property Maintenance&Occupancy Standards WHEREAS Section 210 of the Municipal Act,R.S.Q. 1990,c.M.45,as amended, provides and authorizes the Council of local municipalities to pass by-laws prescribing minimum standards for the maintenance of property,which includes all buildings and structures,and occupancy within the Municipality of Bayharn and for prohibiting the occupancy or use of such property that does not conform with the standards; and requiring property that does not conform with the standards to be repaired and maintained to conform with the standards or for the site to be cleared of all buildings,structures, debris or refuse and left in graded and leveled condition; AND WHEREAS Section 220.1 of the Municipal Act,R.S.O. 1990,c.M 45,as amended by Section 10 of Schedule M of the Savings and Restructuring Act, 1996,provides that the Council may by by-law impose fees for services and activities provided or done by or on behalf of The Corporation of Municipality of Bayham; AND WHEREAS Sections 1,6,12,60 and 61 of the Provincial Offences Act,R.S.O. 1990,as amended,provides that local municipalities can create a fine set by the Court for an offence,and other penalty provisions; AND WHEREAS Section 15.1 of the Budding Code Act,R.S.D. 1992,as amended, provides that the Council may pass a by-law with respect to prescribing standards for the maintenance and occupancy of property,and requiring property that does not conform with the standards to be repaired and maintained with the standards on the site to be cleared of all buildings,structures,debris or refuse and left in graded and leveled condition. AND WHEREAS the Official Plan for The Corporation of the Municipality of Bayham, pages on July 5,2001,as amended from time to time,includes provisions relating to conditions of maintenance and occupancy of properties; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance and occupancy of property,in order to enhance the quality of the community and neighborhoods,to protect the safety,health and well being of the public and to ensure the continued enjoyment of property for residents and property owners of the Municipality. NOW THEREFORE,the Council of The Corporation of the Municipality of Bayham enacts as follows: 1. GENERAL: 1.1 Short Title: This by-law may be cited as the"Property Standards By-law". 1.2 Application: This By-law shall apply to all property within the geographical boundaries of the former Township of Bayham,the former Village of Port Burwell,and the former Village of Vienna,now constituting the Municipality of Bayhatn. 1.3 Interpretation: 1.3.1 The captions and headings in this By-law are inserted for convenience only and do not define,limit or enlarge the scope,meaning or intent of any provision. 1.3.2 In this By-law words used in the present tense include the future tense,words in the masculine gender include the feminine gender and neuter gender,and the singular number includes the plural and the plural the singular. 1.3.3 In this By-law the word"shall"is mandatory and not discretionary. 1 Property Maintcnaneelt]ccupancy Standards By-Law Municipality of Bayham 1.4 Standards: All standards herein are deemed to be the minimum standards for the promotion of the health,safety,comfort,convenience,and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 1.5 Non-Conformity: No property shall be used or occupied within the Municipality of Bayham except in conformity with the provisions of this By-law. 1.6 Repeal: By-law 42335 for the Township of Bayham,and By-law#94-22 for the Village of Port Burwell,and By-law#829 for the Village of Vienna are hereby repealed. 1.7 Application of Other Legislation: Nothing in this By-law shall relieve any person from any obligation to comply with the requirements of any other By-law or legislation or with the requirements to obtain any licence,permit,certificate,authority,approval,consent or variance otherwise required. 1.8 Validity: Should any section,clause or provision of this By-law be held by a Court of competent jurisdiction to be invalid,the validity of the remainder of the By-law shall not be affected. 1.9 Conflicting By-laws: Where any provision of this By-law conflicts with any provision of any other By- law of the Corporation,the provisions(s)that establishes the higher standard of protection for the health,safety and welfare of the public shall prevail. 1.10 Conflict with the Building Code Act: This By-law shall be subject to the provisions of the Building Code Act,and where any provision of this By-law conflicts with or is inconsistent with the provisions of the Building Code Act,the provisions of the Act shall apply. 1.11 Responsibility of the Owner: The owner of every property shall: (a) comply with all of the standards prescribed in this By-law; (b) not permit any person to use or occupy any property owned by himlher unless such property conforms to the standards prescribed in this By-law; (c) comply with all lawful Orders of the Property Standards Officer,within such time and in such manner as specified therein. 1.12 Changes in Statues: Where any Act or portion of arty Act is referred to in this By-law,such reference shall be interpreted as referring to any subsequently renumbered sections of the Act,and/or changes to the date of the Act,and/or amendments or revisions to the Act or re-enactments of the Act. 1.13 Effective Date: This By-law shall come into full force and effect as of the date of passing hereof. 2. DEFINITIONS: In this by-law, 2.1 "Accessory Building"means a detached building which is customarily incidental and subordinate to the main use of the lot,and which is not used or intended for use as human habitation. 2.2 "Approved"means (a) approved and accepted by the Chief Building Official of the Corporation of the Municipality of Bayham with respect to matters under the Building Code; (b) approved and accepted by the Chief Fire Official of the Corporation of the Municipality of Bayham with respect to matter under the Fire Code; 2 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham (c) approved and accepted by the Property Standards Officer with respect to the standards set out in this By-law. 2.3 "Basement"means that space of a building that is partly below grade, which has half or more of its height,measured from floor to ceiling above the average exterior finished grade. 2.4 "Bathroom"means a room containing at least a toilet and bathtub or shower,or two rooms,which contain in total at least one toilet and one bathtub or one shower. 2.5 "Bedroom"means a habitable room used for sleeping purposes. 2.6 "Building"means any structure,whether temporary or permanent, designed,used or intended for sheltering any use of occupancy but shall not include a boundary wall,fence,travel trailer,camping trailer,truck camper,motor home or tent. 2.7 "Building Code"shall mean any and all regulations passed under the Building Code Act, 1992,S.O. 1992,c.23 and amendments thereto. 2.8 "Built-Up Area"shall mean the Village of Port Burwell,the Village of Vienna,the Hamlet of Stralfordville,the Hamlet of Richmond,the Hamlet of Eden,the Hamlet of Corinth,and that portion of the Hamlet of Calton which lies within the Municipality,as defined in the Official Plan for The Municipality of Bayham,passed on July 5,2001,as amended from time to time. 2.9 "Cellar"means that space of a building that is partly or entirely below grade,which as more than half of its height,measured from floor to ceiling below the average exterior finished grade. 2.10 "Chief Building Official"means the Chief Building Official appointed in accordance with the provisions of the Building Code Act,and having jurisdiction for the enforcement thereof,or a designated representative. 2.11 "Clerk"means the Clerk of the Corporation of the Municipality of Bayham. 2.12 "Commercial Solid Waste or Grease Container"means a waste or grease disposal container placed on property within the territorial limits of the Municipality for the temporary storage of waste or grease. The containers shall be waterproof,leak proof and shall be covered at all times except when depositing waste herein or removing the contents thereof 2.13 "Committee"means a Property Standards Committee established under Paragraph 5.20,of this By-law. 2.14 "Composting"shall mean the biological degradation or breakdown of organic material in a dark soil-like material called humus. 2.15 "Composting Container"shall mean the holding unit used to store yard, garden and household wastes for the purpose of composting. 2.16 "Corporation"shall mean The Corporation of the Municipality of Bayham. 2.17 "Council"means the Council of The Corporation of the Municipality of Bayham. 2.18 "Dwelling"means a building any part of which is capable of being used for the purpose of human habitation and includes a building that would be or is capable of being used for such purposes except for its state of disrepair and shall include any mobile dwelling unit. 2.19 "Dwelling Unit"means one or more rooms located within a dwelling and used or capable of being used for human habitation by one or more persons. 220 "Electrical Safety Code"means any and all regulations passed under the Power Corporation Act, R.S.O. 1990,c.P.18,and amendments thereto. 2.21 "Fire Code"means any and all regulations passed under the Fire Marshals Act,and amendments thereto. 2.22 "Fire Resistance Rating"means time in hours thereof that a material construction or assembly will withstand fire exposure,as determined in a fire test made in conformity with generally accepted standards,or as determined by extension or interpretation of information derived there from. 2.23 "First Storey"or"First Floor"means that part of a building having a floor area closest to grade with a ceiling height of more than 1.8 metres(6 feet) above grade. 3 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 2.24 "Guard"means a protective barrier installed around openings in floor areas or on the open sides of a stairway,a landing,a balcony,a mezzanine, a gallery,a raised walkway,and other locations as required to prevent accidental falls from one level to another. Such barriers may or may not have openings through it. 2.25 "Habitable Room"means any room in a dwelling unit used or capable of being used for living,sleeping,cooking or eating purposes. 2.26 "Hard Surfaced"means a stable,dust free surface constructed of concrete, paving stone,natural or artificial stone,asphalt or crushed stone treated with emulsified asphalt or other appropriate material. 2.27 "Inspectors"means Property Standards Officer,or any person designated to assist the Property Standards Officer in the administration and enforcement of this By-law. 2.28 "Landscaped Open Space"means the area of a lot which is used for the growth and maintenance of grass,flowers,shrubbery and other landscaping materials,both natural and artificial and includes any surfaced walk,patio or similar area,but does not include any access driveway or ramp,parking lot,deck or any open space beneath or within any building or structure. 2.29 "Last Known Address"means the address,which appears on the most recent assessment roll of The Corporation of the Municipality of Bayham. 2.30 "Lot"means a parcel of land,described in a registered deed or other document legally capable of conveying land,or shown as a lot or block on a registered plan of subdivision,including any of its parts which are subject to right-of-way or easement,but does not include a lot or a block deemed not to be a registered plan of subdivision under a by-law duly passed pursuant to the Planning Act, R.S.O. 1990, c.P. 13,as amended. 2.31 "Means of Egress"means a continuous,unobstructed path of travel provided by a doorway,hallway,corridor,exterior passage way,balcony, lobby,stair,ramp,or other exit facility used for the escape of persons from any pint within a building,a floor area,a room,or a contained open space to a public thoroughfare or an approved area of refuge usually located outside the building. 2.32 "Medical Officer of Health"means the Medical Officer of Health having jurisdiction within the territorial limits of the geographical area of the Municipality of Bayham. 2.33 "Mobile Home"means a building designed and constructed in accordance with the specifications of the Canadian Standards Association(CAN/CSA —Z240)to be transported either on its own wheels or on detachable wheels and which is suitable for occupancy as a dwelling unit except for minor assembly operations and connection to utilities. 2.34 "Multiple Dwellings"means a building containing three(3)or more dwelling units. 2.35 "Municipality"means the geographical area of "The Corporation of the Municipality of Bayham". 2.36 `bion-Habitable Room"means any room in a dwelling or dwelling unit other than a habitable room,and includes bathroom,toilet room,laundry, pantry,lobby,communicating corridor,stairway,closet,cellar,boiler room or other space for service and maintenance of the dwelling for public use,and for access to and vertical travel between storeys. 2.37 "Non-Residential Property"means any property or use of property designated,intended or used for any purpose other than those of a dwelling. 2.38 "Nuisance"shall mean any use or condition,which interferes with the normal enjoyment of any use of any neighboring use of land,building or structure. 2.39 "Occupant"means any person or persons over the age of eighteen years in possession of the property. 2.40 "Offence"as found within s.1(1)of the Provincial Offences Act,R.S.O. 1990, means an offence under an Act of the Legislature or under a regulation or by-law made under the authority of an Act of the Legislature. 2.41 "Officer"means a By-law Enforcement Officer appointed by the Council of the Municipality of Bayham. 4 Property Maintenance/Occupancy Standards By-Law Municipality of Bay ham 2A2 "Official Plan"means the Official Plan for The Municipality of Bayham, passed on July 5,2001,as amended from time to time. 2.43 "Outside Storage"means in relation to non-residential properties,the storage of goods in the open air and in unenclosed portions of buildings, which are open to the air on the sides. 2.44 "Owner"means an owner,lessee or occupant of lands and/or premises with the territorial limits of the Municipality of Bayham,and "Owner"shall also include the person for the time being managing or receiving the rent of the land or premises in connection with which the word is used whether on his or her own account or as agent or trustee of any other person or who would receive the rent if such land and premises were let,and shall receive the rent if such land and premises were let,and shall also include a lessee or occupant of the property who,under the terms of a lease is required to repair and maintain the property in accordance with the standards for the maintenance and occupancy of property. 2.45 "Person"means any person,corporation,or director of a corporation. 2.46 "Private Drain"means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows,such as storm drainage,roof water,surface and ground waters are not to be intentionally admitted. 2.47 "Property"means a building or structure or part of a building or structure and includes the lands and premises appurtenant thereto and all mobile homes,mobile buildings,mobile structures,accessory buildings,fences and erections thereon,whether heretofore or hereafter erected,and includes vacant property. 2.48 "Repair"includes the provision of such facilities and the making of additions or alternation or the taking of such action as may be required so that the property shall conform to the standards established in this By-law. All repairs shall be made in conformity with the Ontario Building Code and all other applicable laws,codes and regulations. 2.49 "Residential Property"means any property that is used or designed for use as a domestic establisluncnt in which one or more persons usually sleep and prepare and serve meals,and includes any lands or buildings that are appurtenant to such establishment and all stairways,walkways,driveways, parking spaces,and fences associated with the dwelling or its yard,and further includes vacant land. 2.50 "Returnable Receptacle"means a receptacle manufactured for the purpose of storing garbage or refuse,constructed of materials which has an equivalent durability to No.28 gauge metal and having a height not exceeding 100 cm,a diameter not exceeding 50 cm,a weight including contents,not exceeding 35 kg,a water tight lid and two handles. 2.51 "Rubbish"means any waste material,debris,refuse,litter or articles of trash. 2.52 "Safe Temperature"means a temperature on any inflammable surface, adjacent to a source of heat,which surface is too hot for comfort when touched by the hand when any such source of heat has been producing heat continuously for a minimum of two hours. 2.53 "Set Fine"means that amount of the fine set by the Chief Judge of the Ontario Court(Provincial Division)for an offence for the purpose of proceedings commenced under Part I or Part H. 2.54 "Sewage"means any liquid waste containing animal,vegetable or mineral matter in suspension or solution,but does not include roof water or other storm runoff. 2.55 "Sewage System"means the Municipal sanitary sewage system or a private sewerage disposal system approved under the Environmental Protection Act, R.S.O. 1990, c.E.19,and regulations there under. 2.56 "Standards"means the standards of the physical condition and of the occupancy prescribed for property by this By-law. All standards herein are deemed to be the minimum standards for the promotion of the health, safely,comfort,convenience,and general welfare of the inhabitants of The Corporation of the Municipality of Bayham. 5 Property Maintenanoc/Occupanc)Standards Sy-Law Municipality of Sayham 2.57 "Structure"means anything constructed or erected,the use of which requires location on or in the ground,or attached to something having location on the ground,and,without limited the generality of the foregoing,includes walls,fences,signs,and billboards. 2.58 "Temporary Storage"means a period of time between the normally scheduled collections of waste material but not to exceed thirty(30)days. 2.59 "Toilet Room"means a room containing a water closet and wash basin. 2.60 "Vessel"means any form of marine transportation for humans, commodities or goods and designed to be propelled by any means including but not limited to internal combustion engines,steam,electric, muscular or natural power. 2.61 "Waste Material"means any article thing,matter or effluent that appears to have been cast aside or discarded or abandoned or discharged whether of any value or not,or appears to be used up in whole or in part,or expanded or worn out in whole,or in part. Without restricting the generality of the definition set forth above,"Waste Material"may specifically include: (a) garbage,refuse,debris,litter,grass clippings,tree and garden cuttings,brush and leaves; (b) containers including,but not limited to crockery,dishes,glassware,bottles,plastic and metal; (c) paper,cardboard,cloth,plastic,or synthetics; (d) weighty or bulky materials such as stoves,refrigerators and other such appliances, furniture,furnace parts,pipes,water or fuel tanks,wooden or metal signs or palettes; (e) a motor vehicle or other vehicle which is not operative,a motor vehicle which is not currently Iicensed pursuant to the provisions of the Highway Traffic Act,discarded motor vehicle to other vehicle,automotive parts,vehicle parts and accessories, mechanical equipment,mechanical parts,unmounted tires,tires mounted en rims, accessories or adjuncts to the motor vehicle or other vehicle and mechanical equipment; (f) a vessel,which is not operative,discarded vessel,unsound or unseaworthy vessel, vessel parts and accessories,mechanical equipment,mechanical parts,accessories or adjuncts to the vessel and mechanical equipment; (g) broken concrete(other than for shore protection),asphalt pavement,patio/sidewalk slabs,surplus building materials whether new or used; (h) material resulting from or as part of construction,alteration,repair or demolition or any building or structure; (i) rubble,inert fill,fencing materials; (j) all waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food,except any material of vegetable origin placed in a composting container; (k) any liquid containing chemicals or solids either dissolved or in suspension. 2.62 `'Zoning By-law"means,in relation to the former Township of Bayham, By-law#2387,as amended; in relation to the former Village of Port Burwell,By-law#91-03,as amended; and in relation to the former Village of Vienna,By-law#90-12,as amended. 3. RESIDENTIAL STANDARDS: GENERAL CONDITIONS: 3.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. 3.2 The yards of residential property shall be maintained to the standards as described in the Yard Maintenance By-law#2002-9. 3.3 Every tenant,or occupant or lessee of a residential property and/or building shall maintain the property or part thereof,which they occupy or control,in a clean, sanitary and safe condition and shall dispose of garbage and debris on a regular basis,in accordance with Municipal By-laws. 6 Properly Maintenance/Occupancy Standards By-Law Municipality ofBayhain 3.4 Every tenant,or occupant or lessee of a residential property shall maintain every floor,wall,ceiling and fixture,under their control,including hallways,entrances, laundry rooms,utility rooms,and other common areas,in a clean,sanitary and safe condition. 3.5 Accumulation or storage of garbage,refuse,appliances,or furniture in public hallways or stairways shall not be permitted. 3.6 The number of occupants,residing on a permanent basis in an individual dwelling unit,shall not exceed one person for every nine(9)square meters of habitable floor area. For the purpose of computing habitable floor area any area with the minimum ceiling height less than 2.1 meters shall not be considered as habitable. 3.7 No room shall be used for sleeping purposes unless it has a minimum width of two(2)meters and a floor area of at least seven (7)square meters. A room used for sleeping purposes by two(2)or more persons shall have a floor area of at least four(4)square meters per person. 3.8 Any basement,or portion thereof,used as a dwelling unit shall conform to the following requirements: (a) each habitable room shall comply with all the requirements set out in this By-law; (b) floors and walls shall be constructed so as to be damp proof and impervious to water leakage; (c) each habitable room shall be separated from the fuel fired heating unit or other similarly hazardous equipment by a suitable fire separation and approved under the Ontario Building Code; (d) access to each habitable room shall be gained without passage through a furnace room, boiler room,or storage room. PEST PREVENTION 3.9 Dwellings shall be kept free of rodents,vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act, R.S.0. 1990, c.P. 11, as amended. 3.10 Openings,including windows,that might permit the entry of rodents,insects, vermin or other pests shall be appropriately screened or sealed. STRUCTURAL SOUNDNESS 3.11 Every part of a dwelling shall be maintained in a structurally sound conditions so as to be capable of safely sustaining its own weight load and any additional load to which it maybe subjected through normal use,having a factor of safety required by the Ontario Building Code. 3.12 Walls,roofs,and other exterior parts of a building shall be free from loose or improperly secured objects or materials. FOUNDATIONS 3.13 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects,rodents and excessive moisture. Maintenance includes the shoring of the walls to prevent settling,installing sub soil drains,when necessary,at the footings,grouting masonry cracks,waterproofing walls,joints,and floors. 3.14 Every dwelling,except for slab on grade construction,shall be supported by foundation walls or piers,which extend below the frost line,or to solid rock. 7 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham EXTERIOR WALLS 3.15 Exterior walls of a dwelling and their components,including soffits,fascia,shall be maintained in good repair free from cracked,broken or loose masonry units, stucco,and other defective cladding,or trim. Pain or some other suitable preservative or coating must he applied and maintained so as to prevent deterioration due to weather conditions,insects or other damage. 3.16 Exterior walls of a dwelling and their components shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. WINDOWS AND DOORS 3.17 Windows,doors,skylights,and basement or cellar hatchways shall be maintained in good repair,weather tight and reasonably draught-free,to prevent heat loss and infiltration by the elements. Maintenance includes painting,replacing damaged doors,frames and other components,window frames,sashes and casings, replacement of non-serviceable hardware and re-glazing where necessary.Where screening is provided on windows and doors it shall also be maintained in good repair. 3.18 In a dwelling unit all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. At least one entrance door to a dwelling unit shall have suitable hardware so as to permit locking or securing from either inside or outside the dwelling unit. 3.19 Solid core doors shall be provided for all entrances to dwellings and dwelling units. 3.20 In residential buildings where there is a voice communication unit working in conjunction with a security locking and release system controlling a particular entrance door and installed between individual dwelling units and a secured entrance area,the said system shall be maintained in good working order at all times. 3.21 Every window in a leased dwelling unit that is located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would permit the passage of a 100 mm diameter(3.9 inches)sphere. Such safety device shall not prevent the window from being fully opened during an emergency situation by an adult without the use of tools. ROOFS 3.22 Roofs of dwellings and their components shall be maintained in a weather tight condition,free from loose or unsecured objects or materials. 3.23 Accumulations of ice or snow or both shall be promptly removed from the roofs of dwellings and accessory buildings. 3.24 Where eavestroughing,roof gutters,arc provided it shall be kept in good repair, free from obstructions and properly secured to the building. WALLS,CEILINGS AND FLOORS 3.25 Every wall,ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free of holes,cracks,loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 8 Property Maintenanc&Occupancy Standards By-Law Municipality of Bayham 3.26 Every floor in a dwelling shall be reasonably smooth and level and maintained so as to be free of all loose,warped,protruding,broken,or rotted boards or other material that might cause an accident or allow the entrance of rodents and other vermin or insects. 3.27 Every floor in a bathroom,toilet room,kitchen,shower room,laundry room and kitchen shall be maintained so as to be impervious to water and readily cleaned. STAIRS,PORCHES AND BALCONIES 3.28 Inside and outside stairs,porches,balconies and landings shall be maintained so as to be free of holes,cracks,and other defects,which may constitute accident hazards. Existing stair treads or risers that show excessive war or are broken, warped or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. GUARDRAIL AND BALUSTRADES 3.29 A balustrade shall be installed and maintained in good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24"). 3.30 A handrail shall be installed and maintained in good repair in all stairwells. 3.31 Guardrails shall be installed and maintained in good repair around all landings, porches, and balconies. 3.32 Guardrails,balustrades and handrails shall be constructed and maintained rigid in nature. 3.33 Every dwelling shall contain a kitchen area equipped with: (a) a sink that is served with hot and cold running water and is surrounded by surfaces impervious to grease and water; (b) suitable storage area of not less than 0.23 cubic meters(8 cubic feet); (c) a counter or work area at least 6.61 m(2 feet)in width by 1.22 m(4 feet)in length, exclusive of the sink,and covered with a material that is imperious to moisture and grease and is easily cleanable;and (d) a space provided for cooking and refrigeration appliances including the suitable electrical or gas connections. TOILET AND BATHROOM FACILITIES 3.34 Every dwelling unit shall contain a bathroom consisting of at least one fully operational water closet,wash basin,and a bathtub or suitable shower unit. Every wash basin and bathtub or shower shall have an adequate supply of hot and cold running water. Every water closet shall have a suitable supply of running water. 3.35 Every required bathroom or toilet room shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the persons using said room. 3.36 Where toilet or bathroom facilities are shared by occupants of residential accommodation,other than self-contained dwelling units,an appropriate entrance shall be provided from a common passageway,hallway,corridor or other common space to the room or rooms containing the said facilities. PLUMBING 3.37 Every dwelling unit shall contain at least one water closet,one wash basin,a bathtub or shower,and one kitchen sink. All appropriate plumbing fixtures 9 Property Maintenance/Occupancy Standards By-Law Municipality of Bayhani shall be provided with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 43 degrees Celsius(110 degrees F). 3.38 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 3.39 All plumbing,including drains,water supply pipes,water closets and other plumbing fixtures hail be maintained in good working condition free of leaks and defects and all water pipes and appurtenances there to shall be protected from freezing. 3.40 All plumbing fixtures shall be connected to the sewerage system through water seal traps. 3.41 Every fixture shall be of such materials,construction and design as will ensure that the exposed surface of all parts are hard,smooth,impervious to hot and cold water,readily accessible for cleansing and free from blemishes,cracks,stains,or other interstices that may harbour germs or impede thorough cleansing. ELECTRICAL SERVICE 3.42 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 3.43 The electrical wiring,fixtures,switches,receptacles,and appliances located or used in dwellings,dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by the Power Corporations Act,R.S 0 3990,c.P.18 as amended. 3.44 Every habitable room in a dwelling shall have at least one electrical duplex outlet for each 11.1 square meter(120 square feet)of floor space and for each additional 9.3 square meters(100 square feet)of floor area a second duplex outlet shall be provided. Extension cords shall not be used on a permanent basis. 3.45 Every bathroom,toilet room,kitchen,laundry room,furnace room,basement cellar and non-habitable work or storage room shall be provided with a permanent light fixture. 3.46 Lighting fixtures and appliances installed throughout a dwelling unit,including stairways,corridors,passage ways,garages and basements,shall provide sufficient illumination so as to avoid health or accident hazards in normal use. HEATING,HEATING SYSTEMS,CHIMNEYS AND VENTS 3.47 Every dwelling and building containing a residential dwelling unit shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius(70 degrees F.)in the occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling units to the required standard. 3.48 All fuel burning appliances,equipment,and accessories in a dwelling shall be installed and maintained to the standards provided by the Energy Act,as amended or other applicable legislation. 3.49 Where a heating system or part thereof that requires solid or liquid fuel to operate a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as to be free from fire or accident hazard. 10 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 3.50 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke,fumes,and gases from that part of the dwelling,which is not used,designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Ontario Building Code_ 3.51 All fuel burning appliances,equipment,and accessories,in a dwelling shall be properly vented o the outside air by means of a smoke-pipe,vent pipe,chimney flue or other approved method_ 3.52 Every chimney,smoke-pipe,flue and vent shall be installed and maintained in good repair so as to prevent the escape of smoke,fumes or gases from entering a dwelling unit. Maintenance includes the removal of all obstructions,sealing open joints,and the repair of loose or broken masonry units. 3.53 Every chimney,smoke-pipe,flue and vent shall be installed and maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. FIRE ESCAPES,ALARMS AND DETECTORS 3.54 Smoke alarms conforming to the Canadian Standards Association or Underwriters Laboratories of Canada(CAN/ULC-S531)"Standard for Smoke Alarms"shall be installed in each dwelling and dwelling unit and in each sleeping room not within a dwelling unit. 3.55 Where a solid fuel-fired combustion appliance is installed,a carbon monoxide detector shall be installed in conformance with the following: (a) A carbon monoxide detector conforming with the Canadian Standards Association (CAN/CGA-6.19)"Residential Carbon Monoxide Detectors"or Underwriters Laboratories of Canada(UL 2034)"Single and Multiple Station Carbon Monoxide Detectors"shall be installed on or near the ceiling in each room in which there is installed a solid fuel-burning appliance. (b) The carbon monoxide detector shall be permanently connected to an electrical circuit and shall have no disconnect switch between the over current device and the carbon monoxide detector. (c) The carbon monoxide detector shall be wired so that its activation will activate the smoke alarm system or be equipped with an alarm that is audible within bedrooms when the intervening doors are closed. 3.56 A listed fire alarm and a fire detection system,approved by the Canadian Standards Association or Underwriters Laboratories of Canada,shall be provided by the owners of buildings of residential occupancies where sleeping accommodations are provided for more than ten(10)persons except that such systems need not be provided where a public corridor or exit serves not more than four dwelling units or individual leased sleeping rooms. 3.57 In addition to the provisions of paragraph 3.52 hereof,in every dwelling unit in a building,a listed products of combustion detector,approved by the Canadian Standards Association or Underwriters Laboratories of Canada,or detectors of the single station alarm type,audible within bedrooms when intervening doors are closed,shall be installed by the occupant between bedrooms or the sleeping area and the remainder of the dwelling unit,such as in a hallway or corridor serving such bedrooms or sleeping area. The products of combustion detector referred to shall: (a) be equipped with visual or audio indication that they are in operating condition; (b) be mounted on the ceiling or on the wall between 152.4 and 304.8 mm (6 to 12 inches) below the ceiling. 3.58 Buildings using a fire escape as a secondary means of egress shall have the escape in good condition,free from obstructions and easily reached through an openable window or door. 11 Property MaintenaneelOccupancy Standards By-Law Municipality of Rayham EGRESS 3.59 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. 3.60 Each dwelling containing morc than one dwelling unit shall have at least two exits,both of which may be common or the one of which may be common and the other may be an exterior stair or tire escape. Access to the stairs or fire escape shall be from corridors through doors at floor level,except access from a dwelling unit may be through a vertically mounted casement window having an unobstructed opening of not less than 1.067 by 0.558 meters,(42 x 22 inches) with a sill height of not more that 0.914 metres,(36 inches),above the inside floor. A single exit is permitted from a dwelling unit where the path of egress is through an exterior door located at or near ground level and access to such exit is not through a room not under the immediate control of the occupants of the dwelling unit. NATURAL LIGHT 3.61 Every habitable room except a kitchen,bathroom or toilet room shall have a window or windows,skylights or translucent panels facing directly or indirectly to an outside space and admits as much natural light equal to not less than ten (10%)percent of the floor area for living and dining rooms and live(5%) percent of the floor area for bedrooms and other finished rooms. VENTILATION 3.62 Every habitable room in a dwelling unit,including kitchens,bathrooms or toilet rooms,shall have openings for ventilation providing an unobstructed free flow of air of a least 0.28 square meters(3 square feet),or an approved system of mechanical ventilation such that provide hourly air exchanges. 3.63 All system of mechanical ventilation shall be maintained in good working order. 3.64 All enclosed areas including basements,cellars,crawl spaces and attics or roof spaces shall be adequately ventilated. ELEVATING DEVICES 3.65 Elevators and other elevating devices including all mechanical electrical equipment,lighting fixtures,lamps,control buttons,floor indicators,ventilation fans,and emergency communication systems shall be operational and maintained in good condition. 12 Property M intcnanceJOccupancy Standards By-Law Municipality of Bayham 4. NON-RESIDENTIAL PROPERTY STANDARDS: GENERAL CONDITIONS: 4.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Ontario Building Code where applicable. 4.2 The yards of non-residential property shall be maintained to the standards as described in the Yard Maintenance By-law#2002-9. 4.3 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall conform with the municipal zoning by-laws. 4.4 The warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall be maintained in a neat and orderly fashion so as not to create a fire or accident hazard or any unsightly condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that a neat and orderly fashion is achieved but is still offensive to view,the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence not less than 1.8 meters(6 feet)in height and maintained in good repair. PARKING AREAS AND DRIVEWAYS 4.5 All areas used for vehicular traffic and parking shall have a surface covering of asphalt,concrete,or compacted stone or gravel and shall be kept in good repair free of dirt and litter. Notwithstanding the foregoing,non-residential properties, which abut residential properties,all areas used for vehicular traffic and parking shall have a surface covering of asphalt,or similar hard surface. 4.6 All areas used for vehicular traffic,parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. STRUCTURAL SOUNDNESS 4.7 Every part of a building structure shall be maintained in a sound condition so as to be capable of safely sustaining its own weight load and any additional load to which it may be subjected through normal use,having a factor of safety required by the Ontario Building Code. Structural members or materials that have been damaged or indicate evidence of deterioration shall be repaired or replaced. 4.8 Walls,roofs and other exterior parts of a building or structure shall be free from loose or improperly secured objects or materials. EXTERIOR WALLS 4_9 Exterior walls of a building or a structure and their components,including soffits, fascia,window and doors,shall be maintained in good repair free from cracked, broken or loose masonry units,stucco,and other defective cladding,or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions,insects or other damage. 4.10 Exterior walls of a building or a structure and their components,shall be free of inappropriate signs,painted slogans,graffiti and similar defacements. i3 Property Mai ntenancefOccupuncy Standards By-Law Municipality of Bayham GUARDRAILS AND BALUSTRADES 4.11 A balustrade shall be installed and maintained in good repair on the open side of any stairway or ramp containing three(3)or more risers including the landing or a height of 600 mm(24 inches). A handrail shall be installed and maintained in good repair in all stairwells. Guardrails shall be installed and maintained in good repair around all landings,mezzanines and similar areas. Guardrails,balustrades and handrails shall be constructed and maintained rigid in nature. LIGHTING 4.12 All non-residential establishments shall install and maintain sufficient windows, skylights,and lighting fixtures necessary for the safety of all persons attending the premises or as maybe required by the Occupational Health and Safety Act for industrial and commercial properties. However lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 5. ADMINISTRATION AND ENFORCEMENT; 51 This By-law shall apply to all property within the limits of the municipality. 5.2 The imperial measurements contained in this By-law are given for reference only. 5.3 The Council of the Municipality shall appoint a Property Standards Officer(s) responsible for the administration and enforcement of this By-law. 5.4 The Chief Building Official shall be appointed a Property Standards Officer for the purpose of the administration and enforcement of this By-law. 5.5 The Property Standards Officer may,from time to time,designate other persons to act as his assistant in the administration and enforcement of this By-law. 5.6 This By-law shall be enforced by the Property Standards Officer,upon receipt of a written and signed complaint of alleged violation of this By-law from a citizen or rate payer of the Municipality of Bayham directly affected by the alleged violation. 17 An Officer or any person acting under his/her instructions may at reasonable times and on producing proper identification,enter and inspect any property. 5.8 An Officer or any person acting under his/her instructions shall not enter any room or place actually used as a dwelling without he consent of the occupier except under the authority of a Search Warrant issued under Section 158 of the Provincial Offences Act,as amended from time to time. RESPONSIBILITY OF OCCUPANT AND OWNER 5.9 The occupant of the property shall,in respect of that part of any property which he or she occupies and controls,comply with all of the standards prescribed in this By-law. 5.10 The owner of every property shall: i) comply with all of the standards prescribed in this By-law; ii) not permit any person to use or occupy any property owned by him or her unless such property conforms to the standards prescribed in this By-law; iii) comply with all lawful orders of a Property Standards Officer,within such time and in such manner as specified therein. 14 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham NOTICE OF NON-COMPLIANCE 5.11 If,after an inspection the officer is satisfied that in some respect,the property does not conform to the standards prescribed in this By-law he/she shall serve or cause to be served by pre-paid registered mail or by personal service to the owner(s)of the property as shown by the Municipal Tax Assessment Rolls and/or the records of the Land Registry Office,and the Sheriff's Office, a Notice of Non-Compliance and may at the same time provide all occupants of the property with a copy of such Notice. 5.12 If the Officer is unable to effect service under Paragraph 5.11,he/she shall place a placard containing the terms of the Notice of Non-Compliance in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Notice on the owner or other persons. 5.13 The Notice shall state: (a) that the property does not comply with the standards prescribed by this By-law and shall specify the standards with which the property does not comply; (b) that after a certain date,specified in the Notice,the property will be subject to a re- inspection to ascertain compliance; (c) that,if after the specified re-inspection date,the property still does not comply to the prescribed Standards,an Order will be issued by the Officer under Paragraph 5.14 of this By-law;and (d) that the Officer may be contacted for the purpose of requesting further information and advice pertinent to the violations noted or reporting what action is being or will be taken to affect compliance with this By-law. ORDER TO REMEDY VIOLATIONS OF NON-COMPLIANCE 5.14 If,after affording any person served with a Notice of Non-Compliance provided for in Paragraph 5.11, an opportunity to appear before the Property Standards Officer and to make representations in connection therewith,the Officer shall serve or cause to be served by pre-paid registered mail or by personal service to the owner(s)of the property as shown by the records of the Land Registry Office, and the Sheriff's Office,an Order containing: (a) the municipal address or legal description of such property; (b) reasonable particulars of the repairs to be effected or statement that the site is to be cleared of all buildings,structures,debris or refuse and left in a graded and level. condition; (c) the period in which there must be a compliance with the terms and conditions of the Order; (d) notice that,if such repair or clearance is not completed within the time specified in the Order,the Municipality may carry out the repairs at the expense of the owner;and (e) the fmal date for giving Notice of Appeal from the Order. 5.15 If the Officer is unable to effect service under Paragraphs 5.14,he/she shall place a placard containing the terms of the Order in a conspicuous place on the property and the placing of the placard shall be deemed as sufficient service of the Order on the owner or other persons. 5.16 Every owner of the property shall comply with a Property Standards Order as confirmed or modified. 5.17 Every occupant of the property shall comply with a Property Standards Order as confirmed or modified. REGISTRATION&DISCHARGE OF ORDER 5.18 An Order made under Paragraph 5.14 may be registered in the proper Land Registry Office and,upon such registration,any person acquiring an interest in the land subsequent to the registration of the Order shall be deemed to have been served 15 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham 5.19 When the requirements of the Order have been satisfied,the Clerk of the Municipality may,or on the request of the owner and upon receipt of the fees set out in Appendix"A",shall register in the proper Land Registry Office a Certificate of Compliance that such requirements have been satisfied,which Certificate of Compliance shall operate as a discharge of the Order. PROPERTY STANDARDS COMMITTEE 5.20 There shall be and is hereby established a Property Standards Committee consisting of no fewer than three(3)members,who shall be rate payers in the Municipality,appointed by By-law to hold office respectively so that as nearly as possible,one third of such members shall retire each year. 5.21 When the owner or occupant upon whom an Order has been served in accordance with Paragraph 5.14 is not satisfied with the terms or conditions of the Order, he/she may appeal to the Committee by sending a Notice of Appeal by registered mail to the Secretary of the Committee,within fourteen(14)days after service of the Order. In the event that no appeal is taken the Order shall be deemed to have been confirmed. 5.22 Where an appeal has been taken,the Committee shall hear the appeal and shall have all the authority and functions of the Officer and may confirm,modify,or quash the Order,or may extend the time period for compliance provided that,in the opinion of the Committee,the general intent of the By-law and of the Official Plan or policy statement are maintained. APPEAL TO A JUDGE 5.23 The Municipality in which the property is situated,the Property Standards Officer, or any owner or occupant or person affected by a decision rendered by the Property Standards Committee may appeal to a Judge of the Superior Court of Justice by so notifying the Clerk of the Corporation in writing and by applying for an appointment within fourteen(14)days after the sending of a copy of the Decision/Order of the Property Standards Committee. 5.24 The Judge shall,in writing,appoint a day,time and place for the hearing of the appeal and in the appointment may direct that it shall be served upon such persons and in such manner as he or she prescribes. 5.25 The appointment shall be served in the manner prescribed by the Judge. 5.26 The Judge on such appeal has the same powers and functions as the Property Standards Committee. PENALTY 527 No owner or occupant of property shall fail to comply with a Property Standards Order as confirmed or modified. Should the owner or occupant fail to demolish or repair the property in accordance with an Order as confirmed or modified,the Municipality in addition to other remedies, (a) shall have the right to demolish or repair the property accordingly and for this purpose with its servants and agent from time to time to enter in and upon the property;and (b) shall not be liable to compensate such owner,occupant or another person having interest in the property by reason of anything done by or on behalf of the Municipality under the provisions of this article; (c) may cause a prosecution to be brought against any person who is in breach of such an Order and upon conviction such person shall forfeit and pay at the discretion of the convicting Provincial Judge or Justice of the Peace acting within his/her territorial jurisdiction,a penalty of not more than Two Thousand Dollars($2,000.00)for the first offence and not more than Ten Thousand Dollars($10,000.00)for any subsequent offence,and if a corporation is convicted,the maximum penalty shall be not more than 16 Property tvIainlensnrrJoccupancy Standards By-Law Municipality of Bayham Ten Thousand Dollars($10,000.00)for the first offence and Fifty Thousand Dollars ($50,000.00)for any subsequent offence; (d) have the right to recover from the owner of the property any amount expended by or on behalf of the Municipality of Bayham under the authority of this section and such amounts may be collected in like manner as municipal taxes. 5.28 Every 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 and any successor legislation thereto. 5.29 Every person who fails to comply with an Order made under this By-law,as confirmed or modified,is guilty of an offence and on conviction is liable to a fine as provided for in the Provincial Offences Act. CERTIFICATE OF COMPLIANCE 5.30 Following the inspection of a property and the service of a Notice of Non-Compliance,the Property Standards Officer may,or at the request of the owner,shall issue to the owner a Certificate of Compliance,if in the Officer's opinion,the property is in compliance with this By-law. 5.31 A fee as set out in Appendix"A",shall be payable to the Municipality prior to the issuance of a Certificate of Compliance,where it is issued at the request of or on behalf of the owner. VALIDITY 5.32 If an article of this By-law is for any reason held to be invalid,the remaining articles shall remain in effect until repealed. 5.33 Where a provision of this By-law conflicts with the provision of another By-law in force within the Municipality,the provisions that establish the higher standards to protect the health,safety and welfare of the general public shall prevail. 5.34 It is hereby declared that each and every of the foregoing provisions of the By- law is servable and that,if any provisions of this By-law should,for any reason, be declared invalid by any Court,it is the intention and desire of this Council that each and every of the remaining provisions hereof shall remain in full force and effect. READ a first,and second time this 21st day of February 2002. -r � Mayor Cl•rk READ a third time and finally passed this a 1.4. day of February 2002. � � Mayas Clerk 17 Property MaintenanccfOceupancy Standards By-Law Municipality of Buyham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law APPENDIX"A" FEE SCHEDULE For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards 1. Certificate of Compliance: For the issuance of a Certificate of Compliance $125.00 18 Property Maintenance/Occupancy Standards By-Law Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SCHEDULE Part 1 Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards ITEM COLUMN 1: COLUMN 2: COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Owner-Fail to comply with Property Section 5.16 $355.00 Standards Order. 2 Occupant-Fail to comply with Property Section 5.17 $355.00 Standards Order. Note: The penalty provision for the offences indicated above is Section 529 of By-Law#2002-10,a certified copy of which By-law has been filed. 19 It Y OF WY"Ak APPP,01, ... _ rri-E-Fki RJ4t-0-1.13f2. b. •' June 24,2003 I .11::: i' . a 1 ‘ fl c;; Ti z.wkr n RO3t1Suvintantientp°G" C41 ,..1 \ ' 0 ' ' ' (I°• '0 CNN ....:4--..-, 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 1 By-law Number 2002-10,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, Alexander M.Graham Regional Senior Justice West Region Enclosures /cc ONTARIO COURT OF JUSTICE PROVINCIAL OFFtNCES 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. 2002-10 of The Municipality of Bayham,attached hereto is the set fine including costs,for those offences. This Order is to take effect June 24,2003. Dated at London this 24th day of June,2003. Alexander M.Graham Regional Senior Justice West Region y R .i Property Maintenance/Occupancy Standards ay-Law Municipality ofHayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Property Standards By-law SET FINE SCHEDULE Part 1 Provincial Offences Act For By-Law#2002-10 Being a By-law to Prescribing Property Maintenance&Occupancy Standards ITEM COLUMN I: COLUMN 2: 1 COLUMN 3:Set Short Form Wording Provision Creating Fine(Includes or Defining Offence Costs) 1 Owner-Fail to comply with Property Section 5.16 $355.00 Standards Order. 2 Occupant-Fail to comply with Property Section 5,17 1355.00 Standards Order, Note: The penalty provision for the offences indicated above is Section 5.29 of By-Law#2002-10,a certified copy of which By-law has been filed. 19 r CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO.2002-87 A BY-LAW TO APPOINT A PROPERTY STANDARDS COMMITTEE AND TO SET OUT THE REMUNERATION WHEREAS the Council of the Municipality of Bayham did by By-law 2002-10 establish a Property Standards Committee consisting of no fewer than three(3)members,who shall be rate payers in the Municipality,appointed by By-law to Noll office respectively so that as nearly as possible,one third of such members shall retire each year; AND WHEREAS Council is desirous to appoint three ratepayers and one member of Council to the Property Standards Committee to carry out the provisions of the Building Code Act and to fix the remuneration thereof; AND WHEREAS the Council of the Corporation of the Municipality of Bayham deems it expedient to appoint members to the Property Standards Committee for terms as set out below; TILEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the following persons are hereby appointed to the Property Standards Committee for the Municipality of Bayham for terms to expire as follows: Council Member rr November 30,2003 - ( Lit k41 A F-e r Ratepayer Members December 31,2003 - Re v' e t + r December 31,2004 Vq,r.& 6 k,.t, December 31,2005 - A/Jct, V a l i 2. THAT the Council Member shall be appointed for an annual term ending November 30th each year,and may hold office for more than one consecutive tern 3. THAT a person appointed to replace a Ratepayer Member whose term expires will be appointed for a three year term; 4. THAT a person replacing a resigning Member prior to the expiration of the respective term will be appointed for the remainder of the term of the resigning Member; 5. THAT the appointees shall remain in office until respective successors are appointed by Council; 6. THAT u d cl. be appointed Property Standards Committee Secretary; 7. THAT a minimum of three Committee Members be required to attend and hear an Appeal as directed by the Property Standards Committee Secretary; 8. THAT Committee Members will each be paid an attendance fee of$30.00(thirty dollars) for each appeal hearing of an Order issued. The Owner or Occupant filing a Notice of Appeal to the Secretary shall pay to the Municipality of Bayham a non-refundable fee of $120.00(one hundred and twenty dollars)in cash or certified cheque which will be applied against the Property Standards Committee Members'fees. No appeal will be heard by the Committee until the fee is paid. 9. THAT Chief Building Official,Dwayne Daniel is hereby appointed to act as Property Standards Officer; 10. AND THAT this by-law shall take effect upon the date of its enactment. READ A FIRST,SECOND,AND THIRD TIME and finally passed this 191'day of December 2002. 0 MAYOR CLERK MUNICIPALITY OF BAYHAM By-Law No. 2018-XXX PROPERTY STANDARDS BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 2 2.0 DEFINITIONS 2 3.0 GENERAL STANDARDS FOR ALL PROPERTY 6 4.0 RESIDENTIAL STANDARDS 7 5.0 VACANT BUILDINGS 13 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 13 7.0 PROPERTY STANDARDS COMMITTEE 15 8.0 ENFORCEMENT 16 9.0 STANDARDS 17 10.0 CERTIFICATE OF COMPLIANCE 17 11.0 COMPLIANCE 17 12.0 VALIDITY AND SEVERABILITY 17 13.0 FEES 18 14.0 REPEAL AND TRANSITION 18 15.0 EFFECTIVE DATE 18 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-XXX Being a By-Law for prescribing standards for the maintenance and occupancy of property within the Municipality of Bayham WHEREAS Section 15.1 (3) of the Building Code Act, 1992, S.O. 1192, c.23 as amended, provides the Municipality of Bayham the authority to pass a by-law prescribing standards for the maintenance and occupancy of property within the municipality and requires that any property not in conformity can be maintained to conform or be cleared and left in a levelled condition; AND WHEREAS the Official Plan for the Corporation of the Municipality of Bayham includes provisions relating to property conditions as required by section 15.1 (3) of the Building Code Act, 1992, S.O. 1992, c.23 as amended; AND WHEREAS section 391 (5), of the Municipal Act, 2001, S.O. 2001, c. 25, as amended provides that Council may by by-law impose fees for services and activities provided or done by or on behalf of the Municipality of Bayham; AND WHEREAS it is deemed expedient to establish standards for the maintenance and occupancy of property in the Municipality of Bayham. THEREFORE the Council of the Corporation of the Municipality of Bayham enacts as follows: 1.0 SHORT TITLE 1.1 This by-law shall be known as the "Property Standards By-Law". 2.0 DEFINITIONS 2.1 For the purpose of this by-law: 2.1.1 "Accessory Building" means a detached building or structure, not used for human habitation, the use of which is incidental or subordinate to the lawful use of the property and which is located on the same lot; 2.1.2 "Agricultural Equipment" means implements and machinery commonly used for farming; 2.1.3 "Balustrade" means a row of balusters or spindles surmounted by a railing; 2.1.4 "Basement" means that portion of a building that has at least one- half of its height from finished floor to finished ceiling below the average adjacent finished grade; 2.1.5 "Bathroom" means a room containing at least one toilet, bathtub or shower, or two rooms that contain in total at least one toilet and one bathtub or shower; 2.1.6 "Bedroom" means a habitable room used for sleeping purposes; 2.1.7 "Building" means any structure used or intended for supporting any use or occupancy; 2.1.8 "Building Code" means the Building Code Act, 1992, S.O. 1992, c.23 as amended, and includes the regulations made thereunder; 2.1.9 "Chief Building Official" means the person Council has appointed as such pursuant to the Building Code; 2.1.10 "Committee" means a Property Standards Committee established under this by-law; 2.1.11 "Corporation" means The Corporation of the Municipality of Bayham; 2.1.12 "Council" means the Council of The Corporation of the Municipality of Bayham; 2.1.13 "Dwelling" includes any building, part of a building, tent, trailer, mobile home or other covering or structure, the whole or any portion of which is used or capable of being used for the purpose of human habitation; 2.1.14"Dwelling Unit" means a room or a suite of rooms used or designed to be used by one or more individuals as an independent or self-contained domestic unit or housekeeping establishment capable of supporting general living conditions including cooking, eating, sleeping and sanitary facilities; 2.1.15 "Farm" means a parcel of land, including accessory buildings and structures located thereon, used for the raising of livestock, growing of field crops, berry crops, tree crops, flower gardening, nurseries, aviaries, apiaries or forestry and reforestation, including the sale of such produce or crops on the same parcel; 2.1.16 "Fire Code" means the Fire Protection and Prevention Act, 1997, S.O. 1997, CA, as amended, and includes the regulations made thereunder; 2.1.17 "Habitable Room" means any room in a dwelling unit used or designated to be used for living, sleeping, cooking or eating purposes; 2.1.18 "Hazardous Building or Structure" means a building or structure, whether or not structurally unsafe within the meaning of the Building Code, that has sustained damage of any kind to the whole or any part of the building or structure by reason of fire, storm or other cause and the damage has not been repaired; 2.1.19 "Heating System" means a device to convert fuel into heat energy and includes all components, controls, wiring, and piping required to be a part of the device by the applicable standard referred to in the Building Code; 2.1.20 "Lot" means a parcel of land the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed; 2.1.21 "Lux" means a unit of illumination equal to the direct illumination on a surface that is everywhere 1 m. from a uniform point source of one candle intensity or equal to one lumen per sq. m.; 2.1.22 "Maintenance" means the preservation and keeping in repair of a property; 2.1.23 "Mobile Home" means any dwelling that is designed to be made mobile, and constructed or manufactured to provide a permanent residence for one or more persons, but does not include a travel trailer, tent trailer or trailer otherwise designed; 2.1.24"Multiple Dwelling" means a building lawfully containing three or more dwelling units; 2.1.25 "Multiple Use Building" means a building lawfully containing both a dwelling unit and a non-residential use; 2.1.26 "Non-habitable Space" means any room or space in a dwelling or dwelling unit other than a habitable room and includes a bathroom, pantry, lobby, corridor, stairway, closet, storage room, cellar, furnace room, garage, or space for service and maintenance, or space which does not comply with the minimum standards for residential occupancy; 2.1.27 "Non-residential Property" means a building or structure not occupied or capable of being occupied in whole or in part for the purpose of human habitation and includes those lands and premises appurtenant thereto; 2.1.28 "Occupancy" means the use or intended use of a building or part thereof for the shelter or support of persons, animals or chattels; 2.1.29 "Occupant" means any person or persons over the age of eighteen years in possession of a property; 2.1.30 "Owner" includes the person for the time being managing or receiving the rent of land or premises in connection with which the word "owner" is used whether on his own account or as agent or trustee of any person, or would so receive the rent if such land and premises were let, and shall also include a lessee or occupant of the property who, under the terms of the lease is required to repair and maintain the property in accordance with the standards of this by-law, and the person designated as owner on the assessment roll of the municipality; 2.1.31 "Person" includes an individual, corporation, firm, association, trust, bureau or partnership; 2.1.32 "Property" means a building or structure, or part of a building or structure, and includes the lands and premises appurtenant thereto and all mobile structures, outbuildings, fences and retaining walls, and erections thereon, whether heretofore or hereafter erected and includes vacant property; 2.1.33 "Property Standards Officer" means a person designated as such by a resolution or by-law of Council and shall include the Municipal Law Enforcement Officer and the Chief Building Official of the Municipality of Bayham; 2.1.34"Repair" means the provision of such facilities and the making of additions or alterations or the taking of such action as may be required so that the property shall conform to the standards established in this by-law; 2.1.35 "Sewage" means liquid or water borne waste of industrial, commercial or domestic origin including human body waste, toilet or bathroom waste, shower, tub, culinary, sink or laundry waste, but does not include storm water; 2.1.36 "Sewage System" means the municipal sewer system if one is available, and if not, an approved private sewage disposal system as defined by the Building Code; 2.1.37 "Standards" means the standards prescribed in this by-law; 2.1.38 "Storm Water" means water that is discharged from a surface as a result of rainfall, snowmelt or snowfall; 2.1.39 "Unsafe Condition" means a condition that poses or constitutes a fire hazard or risk to life, limb or health of any person; 2.1.40 "Waste Disposal Site" means a parcel of land on which domestic waste is disposed of and which is authorized on that land by a by- law of the Corporation. 3.0 GENERAL STANDARDS FOR ALL PROPERTY 3.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the requirements of the Building Code and Fire Code. Accessory Buildings 3.2 Every property shall be free of accessory buildings which are dilapidated, collapsed, or partially constructed, unless currently under construction. Sewage and Drainage 3.3 Properties shall be maintained so as to: (i) Ensure that no roof drainage is discharged onto sidewalks, stairs or neighbouring property, nor on any surface within the road allowance; and (ii) Ensure that sewage is discharged into a sewage system. Parking Areas, Walks and Driveways 3.4 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete, or compacted stone or gravel and shall be kept in good repair. 3.5 Steps, walks, driveways, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Garbage Disposal 3.6 All garbage, refuse, and ashes shall be promptly placed in a suitable container and made available for removal in accordance with the Corporation's garbage collection by-law. Compost Heaps 3.7 The occupant of a residential property may provide for a compost heap, provided that the compost pile covers an area no larger than 1.5 sq. m. (16.15 sq. ft.), is no more than 1.8 m. (6 ft.) in height and is enclosed on all sides by concrete block or lumber or is in a container, or an enclosed commercial plastic container designed for composting. 4.0 RESIDENTIAL STANDARDS General Conditions 4.1 Every owner of a residential property shall: (i) maintain their property and every part thereof, in a clean, sanitary and safe condition; (ii) maintain every floor, wall, ceiling and fixture, including hallways, entrances, laundry rooms, utility rooms, and other common areas in a clean, sanitary and safe condition; (iii) not allow accumulation or storage of garbage, refuse, appliances or furniture in a means of egress. Pest Prevention 4.2 Dwellings shall be kept free from rodents, vermin and insects at all times. Methods used for exterminating such pests shall be in accordance with the provisions of the Pesticides Act, R.S.O. 1990, c.P.11 as amended. 4.3 Openings, including windows, that might permit the entry of rodents, insects, vermin or other pests shall be appropriately screened or sealed. Structural Soundness 4.4 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and / or natural causes as set out in the Building Code. 4.5 If the Property Standards Officer deems it necessary for the structural capacity of a building, or any part thereof, to be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Foundations 4.6 Foundation walls of a dwelling shall be maintained so as to prevent the entrance of insects, rodents and excessive moisture. Required maintenance may include the shoring of the walls to prevent settling, installing sub-soil drains, at footings, grouting masonry cracks, damp-proofing and waterproofing walls, joints and floors. Exterior Surfaces 4.7 Exterior surfaces of a dwelling and their components, including soffit and fascia, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco or other defective cladding or trim. Paint or some other suitable preservative coating shall be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. 4.8 Walls, roofs and other exterior parts of a building shall be free from loose or improperly secured objects or materials. 4.9 Exterior walls of a dwelling and their components shall be free of unauthorized signs, graffiti and similar defacements. Windows and Doors 4.10 The owner shall ensure that the exterior windows, doors and hatchways are maintained in good repair so as to prevent the entrance of wind or rain into the building. 4.11 Rotted, ill-fitting or damaged doors, door frames, window frames, sashes and casings shall be renewed or replaced. Defective window hardware, weather stripping and broken window glass shall be replaced. 4.12 In a dwelling unit, all windows that are intended to be opened and all exterior doors shall have suitable hardware so as to allow locking or otherwise securing from inside the dwelling unit. 4.13 Every window in a dwelling unit located above the first storey of a multiple dwelling shall be equipped with an approved safety device that would prevent any part of the window from opening greater than would be permitted by the Building Code. Roofs 4.14 A roof, including the fascia board, soffit, cornice and flashing, shall be maintained in a watertight condition. 4.15 Where eavestrough and roof gutters are provided they shall be kept in good repair and free from obstructions and shall be properly secured to the building. Walls, Ceilings, and Floors 4.16 Every wall, ceiling and floor in a dwelling shall be maintained so as to provide a continuous surface free from holes, cracks, loose coverings or other defects. Walls surrounding showers and bathtubs shall be impervious to water. 4.17 Every floor in a dwelling shall be reasonably smooth, level and maintained so as to be free of loose, warped, protruding, broken, or rotted boards or other material that might cause an unsafe condition or allow the entrance of rodents and other vermin or insects. 4.18 Every floor in a bathroom, kitchen, and laundry room shall be maintained so as to be impervious to water. Stairs, Porches and Balconies 4.19 Inside and outside stairs, porches, balconies and landings shall be maintained so as to be free of holes, cracks and other defects that may constitute an unsafe condition. Existing stair treads or risers that are broken, warped, or loose and any supporting structural members that are rotted or deteriorated shall be repaired or replaced. 4.20 Outside stairs, porches, balconies and landings shall be protected from deterioration by the use of paint or other suitable protective material. Guards and Handrails 4.21 A guard, handrail or banister shall be installed so as to prevent accident or injury as required by the Building Code. A handrail shall be installed and maintained in good repair in all stairwells. Guards shall be installed and maintained in good repair around all landings, porches and balconies, where required by the Building Code. Guards, handrails or banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject due to intense use. 4.22 Outside guards, handrails or banisters shall be protected from deterioration by the use of paint or other suitable protective material. Kitchens 4.23 Every self-contained dwelling unit shall contain a kitchen area equipped with a sink, served with hot and cold water, storage facilities, counter top work area and space for a stove and refrigerator. 4.24 Every kitchen shall have provided an adequate and approved gas, electrical or other fuel supply for cooking purposes, installed to the standards provided by the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.25 There shall be at least 76cm. (30 in.) clear space above any exposed cooking surface. 4.26 A splash back or counter top having an impervious surface shall be provided around a kitchen sink. Bathroom and Toilet Facilities 4.27 Every dwelling unit shall contain a bathroom consisting of at least one fully operational toilet, lavatory and bathtub or suitable shower unit. Every lavatory and bathtub or shower shall have an adequate supply of hot and cold running water. Every toilet shall have suitable supply of running water. 4.28 Every required bathroom shall be accessible from within the dwelling unit and shall be fully enclosed and provided with a door capable of being locked so as to allow privacy for the person using the room. 4.29 Where bathroom facilities are shared by occupants of residential accommodation, other than self-contained dwelling units, an appropriate entrance shall be provided from a common passageway, hallway, corridor or other common space to the room or rooms containing the facilities. Plumbing 4.30 Each lavatory, bathtub or shower and one kitchen sink shall be equipped with an adequate supply of hot and cold running water. Hot water shall be supplied at a temperature of not less than 45 degrees Celsius (113 degrees Fahrenheit). 4.31 Every dwelling unit shall be provided with an adequate supply of potable running water from a source approved by the Medical Officer of Health. 4.32 All plumbing, including drains, water supply pipes, toilets and other plumbing fixtures, shall be maintained in good condition free of leaks or defects and all water pipes and appurtenances thereto shall be kept from freezing. 4.33 All plumbing fixtures shall be connected to the sewage system through water seal traps. Electrical Service 4.34 Every dwelling and dwelling unit shall be wired for electricity and shall be connected to an approved electrical supply system. 4.35 The electrical wiring, fixtures, switches, receptacles, and appliances located or used in dwellings, dwelling units and accessory buildings shall be installed and maintained in good working order so as not to cause fire or electrical shock hazards. All electrical services shall conform to the regulations established by, and be installed to the standards provided by, the Technical Standards and Safety Act, 2000, S.O. 2000, c. 16, as amended, and the applicable regulations thereunder or other applicable legislation. 4.36 Every bathroom, kitchen, laundry room, furnace room, basement and non- habitable room or storage area shall be provided with permanent light fixtures. All other habitable rooms shall have a wall switched receptacle for lamps if no permanent light fixtures are provided. 4.37 Lighting fixtures and appliances installed throughout a dwelling unit, including hallways, stairways, corridors, passageways, garages and basements, shall provide sufficient illumination so as to avoid an unsafe condition in normal use. Heating, Heating Systems, Chimneys and Vents 4.38 Every dwelling and building containing a residential dwelling unit or units shall be provided with suitable heating facilities capable of maintaining an indoor ambient temperature of 21 degrees Celsius (70 degrees Fahrenheit) in occupied dwelling units. The heating system shall be maintained in good working condition so as to be capable of safely heating the individual dwelling unit to the required standards. 4.39 All fuel burning appliances, equipment and accessories in a dwelling shall be installed and maintained to the standards provided by the recognized standards and testing authority and other applicable legislation. 4.40 Where a heating system or part thereof requires solid or liquid fuel to operate, a place or receptacle for such fuel shall be provided and maintained in a safe condition and in a convenient location so as not to create an unsafe condition. 4.41 Every dwelling shall be so constructed or otherwise separated to prevent the passage of smoke, fumes, and gases from that part of the dwelling which is not used, designed or intended to be used for human habitation into other parts of the dwelling used for habitation. Such separations shall conform to the Building Code and Fire Code. 4.42 All fuel burning appliances, equipment, and accessories in a dwelling unit shall be properly vented to the outside air by means of a smoke-pipe, vent pipe, chimney flue or other approved method. 4.43 Every chimney, smoke-pipe, flue and vent shall be maintained in good repair so as to prevent smoke, fumes or gases from entering a dwelling unit. Maintenance shall include the removal of all obstructions, sealing open joints, and the repair of loose or broken masonry units. 4.44 Every chimney, smoke-pipe, flue and vent shall be maintained in good condition so as to prevent the heating of adjacent combustible material or structural members to unsafe temperatures. Egress 4.45 Every dwelling and each dwelling unit contained therein shall have a safe, continuous and unobstructed passage from the interior of the dwelling and the dwelling unit to the outside at street or grade level. Lighting 4.46 Every habitable room, except for a kitchen or bathroom, shall have a window or windows, skylights or translucent panels that face directly to the outside with an unobstructed light transmitting area of not less than 10% of the floor area of such rooms where practicable. The glass area of a sash door may be considered as a portion of the required window. 4.47 All public hallways and stairs in multiple dwellings shall be illuminated at all times so as to provide safe passage. Ventilation 4.48 Every habitable room in a dwelling unit and every bathroom shall have openings for ventilation providing an unobstructed free flow of air as required by the Building Code. 4.49 All systems for mechanical ventilation shall be maintained in good working order. 4.50 All enclosed areas including basements, crawl spaces and attics or roof spaces shall be adequately ventilated. Disconnected Utilities 4.51 Owners of residential buildings or any person or persons acting on behalf of such owner shall not disconnect or cause to be disconnected any service or utility supplying heat, electricity, gas, refrigeration or water to any residential unit or building occupied by a tenant or lessee except for such reasonable period of times as may be necessary for the purpose of repairing, replacing or otherwise altering said service or utility. 5.0 VACANT BUILDINGS 5.1 All repairs and maintenance of property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code, as amended. 5.2 Vacant buildings shall be kept cleared of all garbage, rubbish and debris, and shall have all water, electrical, and gas services turned off except for those services that are required for the security and maintenance of the property. 5.3 The owner of a vacant building shall board up the building to the satisfaction of the Property Standards Officer by covering all openings through which entry may be obtained. The boarding shall consist of a least 12.7mm (0.5 in.) weatherproof sheet plywood securely fastened to the building and painted a colour compatible with the surrounding walls. 5.4 Buildings boarded up more than 6 months shall be either restored to conform with the standards of this by-law or, where deemed necessary by the Property Standards Officer, will be ordered to be demolished in accordance with this by-law. 6.0 NON-RESIDENTIAL PROPERTY STANDARDS 6.1 All repairs and maintenance of non-residential property shall be carried out with suitable and sufficient materials and in a manner accepted as good workmanship within the trades concerned. All new construction or repairs shall conform to the Building Code. Storage 6.2 Every owner of non-residential property where the warehousing or storage of material or operative equipment that is required for the continuing operation of the industrial or commercial aspect of the property shall maintain their property in a neat and orderly fashion so as not to create an unsafe condition and shall provide unobstructed access for emergency vehicles. Where conditions are such that, in the opinion of the Property Standards Officer, an area is offensive to view, the offensive area shall be suitably enclosed by a solid wall or a painted board or metal fence and maintained in good repair. Parking Area and Driveways 6.3 All areas used for vehicular traffic and parking shall have a surface covering of asphalt, concrete or compacted stone or gravel and shall be kept in good repair. Notwithstanding the foregoing, on non-residential properties that abut residential properties, all areas used for vehicular traffic and parking shall have a surface covering of asphalt or similar hard surface or shall be treated to prevent dust. 6.4 All areas used for vehicular traffic, parking spaces and other similar areas shall be maintained so as to afford safe passage under normal use and weather conditions. Structural Soundness 6.5 A building, or any part thereof, shall be capable of sustaining its own weight together with the loads that may be applied thereto by reason of its use and occupancy and/or natural causes as set out in the Building Code. 6.6 If the Property Standards Officer deems it necessary that the structural capacity of a building or any part thereof be proven to meet the minimum standard, he may require, and the owner of the building shall submit, a report, prepared, sealed and signed by a professional engineer who is qualified in the field and licensed by the Professional Engineers of Ontario, attesting to the structural capacity and soundness of the building or any part thereof. Exterior Walls 6.7 Exterior walls of a building or a structure and their components, including soffit, fascia, windows and doors, shall be maintained in good repair free from cracked, broken or loose masonry units, stucco, or other defective cladding, or trim. Paint or some other suitable preservative or coating must be applied and maintained so as to prevent deterioration due to weather conditions, insects or other damage. Guards and Handrails 6.8 A guard shall be installed and maintained in good repair on the open side of any stairway or ramp, as required by the Building Code. 6.9 A handrail shall be installed and maintained in good repair in all stairwells. 6.10 Guards shall be installed and maintained in good repair around all landings, porches and balconies where required by the Building Code. 6.11 Guardrails, handrails and banisters shall be constructed and maintained rigid in nature and to withstand the loads to which they are subject to, due to the intended use. Lighting 6.12 The owner of all non-residential properties shall install and maintain sufficient windows, skylights, and lighting fixtures necessary for the safety of all persons attending the premises or as may be required by the Occupational Health and Safety Act, R.S.O. 1990, c.O.1, as amended, for industrial and commercial properties. 6.13 Lighting shall not be positioned so as to cause any impairment of use or enjoyment of neighbouring properties. 7.0 PROPERTY STANDARDS COMMITTEE 7.1 For the purposes of this by-law, there is hereby established a Property Standards Committee that shall be composed of not fewer than three members appointed by resolution or by-law of Council. Term of Office 7.2 The members of the Property Standards Committee shall remain in office at the pleasure of Council. Filling of Vacancies 7.3 Council shall forthwith fill any vacancy that occurs in the membership of the Committee. Compensation 7.4 The members of the Committee shall be paid such compensation as the Council may provide by resolution or by-law of Council. Chair 7.5 The members shall elect a Chair from among themselves. When the Chair is absent through illness or otherwise, the Committee may appoint another member as "Acting Chair". Quorum 7.6 A simple majority of the members constitutes a quorum for transacting the Committee's business. Secretary 7.7 The Corporation shall provide a secretary for the Committee Duty of Secretary 7.8 The secretary shall keep on file the records of all official business of the Committee, including records of all applications and minutes of all decisions respecting those applications, and the Municipal Act, 2001, applies with necessary modifications to the minutes and records. Rules of Procedure and Oaths 7.9 The Committee may adopt its own rules of procedure and any member may administer oaths. Where Committee Required to Give Notice 7.10 The Committee shall give notice or direct that notice be given of the hearing of an appeal to such persons as the Committee considers available. 8.0 ENFORCEMENT 8.1 This by-law shall be enforced by the Chief Building Official and the Municipal Law Enforcement Officer. 8.2 If upon inspection of a property, the Property Standards Officer is satisfied that there is non-conformity with the standards in this by-law to such extent as to pose an immediate danger to the health or safety of any person, the Officer may make an Order containing particulars of the non-conformity and requiring immediate remdial repairs or clearing of all buildings, structures or debris from the site, leaving the site in a graded and levelled condition to terminate the danger. 8.3 Without limiting the powers or duties provided for in the Building Code, a Property Standards Officer is hereby authorized to give immediate effect to any order that is confirmed or modified as final and binding under section 15.3 (7) of the Building Code Act, 1992, S.O. 1992, c. 23, as amended, so as to provide for: (i) repair of the property; or (ii) clearing of all buildings, structures or debris from the site and the leaving of the site in a graded and levelled condition, where the cost of doing the work does not exceed $50,000.00. 8.4 Where the cost of completing the work as referred to above exceeds $50,000.00, the Property Standards Officer shall seek the authorization from Council to carry out the requirements of the order. 8.5 Upon completion of the work, the Corporation shall have a lien on the land for the amount spent on repair or demolition, plus an amount equivalent to 25% of the amount spent as a reasonable approximation of the Municipality's administrative costs of the repair or demolition. The total amount shall be deemed to be municipal real property taxes and may be added by the clerk of the Corporation to the collector's roll and collected in the same manner and with the same priorities as municipal real property taxes. 8.6 A person who fails to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law is guilty of an offence and upon conviction shall be liable to a fine of not more than $50,000.00 for a first offence and to a fine of not more than $100,000.00 for any subsequent offence. If a corporation is convicted of failing to comply with a property standards order which is final and binding, any other order, a direction or a requirement made under this by-law, the maximum penalty that may be imposed on the corporation is $100,000.00 for a first offence and $200,000.00 for any subsequent offence. 9.0 STANDARDS 9.1 The standards for the maintenance and occupancy of property set out in this by-law are prescribed and adopted as the minimum standards for all property in the Municipality of Bayham. 10.0 CERTIFICATE OF COMPLIANCE 10.1 Following the inspection of a property or upon the request of the owner, the Property Standards Officer may issue to the owner a certificate of compliance if, in the Property Standards Officer's opinion, the property is in compliance with the standards set out in this by-law. 11.0 COMPLIANCE 11.1 All owners or occupants of property shall comply with the standards prescribed in this by-law and any Property Standards Order as confirmed or modified. 11.2 All property within the municipality that does not conform with the standards contained in this by-law shall be repaired and maintained to conform with the standards or the site may be cleared of all buildings, structures, debris or refuse and left in a graded and levelled condition. 11.3 All repairs and maintenance of property shall be carried out with suitable and sufficient materials in a manner acceptable to the Property Standards Officer and in a good and workmanlike manner for the trades concerned. 11.4 All new construction or repairs shall conform to the Building Code and any other applicable legislation. 12.0 VALIDITY AND SEVERABILITY 12.1 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. 12.2 Where a provision of this by-law conflicts with the provision of another by-law in force within the municipality, the provisions that establish the higher standards to protect the health, safety and welfare of the general public shall prevail. 13.0 FEES 13.1 A fee shall be payable to the Municipality at the time of filing an Appeal to the Property Standards Committee and/or prior to the issuance of a Certificate of Compliance where it is issued at the request of the owner. These fees shall be as set out in the Municipality of Bayham Fees By-Law. 14.0 REPEAL AND TRANSITION 14.1 Except as provided by Section 14.2 hereof, the Corporation of the Municipality of Bayham By-Law Nos. 2002-009, 2002-10, 2002-087, 2004- 017, 2004-092, 2012-077 is hereby repealed. 14.2 Notwithstanding Section 14.1 hereof, the provisions of the by-law, as amended, shall continue to apply to any properties in respect of which an Order has been given under the said by-law until such Order has been completed or any enforcement proceeding in respect of such an Order has been concluded. 15.0 EFFECTIVE DATE 15.1 This by-law shall come into force on the day of the final passing thereof. READ A FIRST, SECOND AND THIRD TIME this XX day of MARCH, 2018. Mayor Clerk MUNICIPALITY OF BAYHAM By-law No. 2018-XXX LOT MAINTENANCE BY-LAW TABLE OF CONTENTS SECTION DESCRIPTION PAGE 1.0 SHORT TITLE 3 2.0 DEFINITIONS 3 3.0 SCOPE 6 4.0 GENERAL PROHIBITION 6 5.0 LOT MAINTENANCE REGULATIONS, STANDARDS, 6 AND/OR PROHIBITIONS 6.0 SPECIAL PROVISIONS — LANDSCAPING 9 7.0 SPECIAL PROVISIONS — NATURAL GARDENS 9 8.0 SPECIAL PROVISIONS — LOT GRADING AND 10 DRAINAGE / FILL PLACEMENT 9.0 SPECIAL PROVISIONS — OUTDOOR STORAGE 10 10.0 SPECIAL PROVISIONS — FENCES / FENCING 11 11.0 ADMINISTRATION AND ENFORCEMENT 11 12.0 NOTICE OF VIOLATION 12 13.0 OFFENCE AND PENALTY 13 14.0 SEVERABILITY 14 15.0 EFFECTIVE DATE 15 MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-XXX Being a By-law to Provide for the Maintenance of Land in a Clean and Clear Condition WHEREAS section 127(a) of the Municipal Act, S.O. 2001, c. 25, as amended, (hereinafter "Act") authorizes a local municipality to pass by-laws respecting the cleaning and clearing of lands, not including buildings, and to require the owner or occupant of such land to clean and clear that land, not including buildings, or to clear refuse or debris from such lands; AND WHEREAS section 127(b) of the said Act authorizes a local municipality to regulate when and how the matters referred to in the previous section 127(a) shall be done; AND WHEREAS section 127(c) of the said Act provides this policy may prohibit the depositing of refuse or debris on land without the consent of the owner or occupant of such land; AND WHEREAS section 127(d) of the said Act authorizes a local municipality to define "refuse" for the purposes aforesaid; AND WHEREAS section 131 of the said Act authorizes a local municipality to prohibit and regulate the use of any land for the storage of used motor vehicles for the purpose of wrecking or dismantling them or salvaging parts from them for sale or other disposition; AND WHEREAS section 436 of the said Act authorizes a municipality to pass by-laws providing for entry onto lands for purposes of, among other things, inspection in relation to matters otherwise prohibited and/or regulated by by-law; AND WHEREAS section 446 of the said Act authorizes a municipality to direct or require that a matter or thing be done in default of which the municipality may enter upon land at any reasonable time to do such matter or thing at the expense of the owner and, furthermore, providing that the cost of doing such matter or thing may be recovered by the municipality by action or by adding such costs to the tax roll and collecting them in the same manner as taxes; AND WHEREAS section 425 and 429 of the said Act authorizes a municipality to pass by-laws providing that a person who contravenes a by-law of the municipality is guilty of an offence and thereafter subject to penalty; AND WHEREAS the Council of The Corporation of the Municipality of Bayham deems it desirable to regulate and govern the maintenance of land in order to enhance the quality of the community and neighbourhoods, to protect the safety, health, and well- being of the public, and to ensure the continued enjoyment of property by residents and property-owners of the said Municipality. NOW THEREFORE the Council of The Corporation of the Municipality of Bayham enacts as follows: 1.0 Short Title 1.1 This By-Law shall be known as "Lot Maintenance By-Law". 2.0 Definitions 2.1 "By-Law" means this By-Law. 2.2 "By-Law Enforcement Officer" means a Municipal Enforcement Officer as appointed by Council or a police officer, including but not limited to a member of the Ontario Provincial Police. 2.3 "Commercial Solid Waste or Grease Container" means a waste or grease disposal container placed on land within the territorial limits of the Municipality for the temporary storage of waste or grease; provided that, to meet this definition, the said container shall be waterproof, leak-proof, and shall be covered at all times except when depositing waste therein or removing the contents thereof. 2.4 "Composting" shall mean the biological degradation or breakdown of organic material into soil-like material. 2.5 "Composting Container" shall mean the holding unit used to store yard, garden, or household waste for purposes of composting. 2.6 "Corporation" means The Corporation of the Municipality of Bayham. 2.7 "Council" means the elected Council of The Corporation of the Municipality of Bayham. 2.8 "Land" or "Lands" means real property, including a water lot, within the territorial limits of the Municipality and, for purposes of this By-Law includes real property constituting all or a portion of a lot lying or being appurtenant to a building or structure, whether used for residential or commercial purposes but excluding any such building or structure. 2.9 "Lot" means a parcel of land, the boundaries of which are defined in the last registered instrument by which legal or equitable title to the said parcel was lawfully and effectively conveyed. 2.10 "Maintenance" means the preservation and keeping of a property in compliance with requisite standards, prohibitions, or regulations as contained in this By-Law. 2.11 "Motor Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to automobiles, cars, trucks, motorcycles, motor homes, and trailers of any description. 2.12 "Municipality" means the Municipality of Bayham and includes the geographic area thereof. 2.13 "Noxious Weed" means and includes a plant designated as a noxious weed pursuant to The Weed Control Act, R.S.O. 1990, c. W.5, as amended. 2.14 "Nuisance" means any use or condition which interferes with the normal enjoyment or use of any lands, including but not limited to neighbouring land. 2.15 "Occupant" means any person or persons over the age of eighteen (18) years in possession and/or control of land or lands within the Municipality. 2.16 "Other Vehicle" means any form of transportation for humans designed to be propelled or driven otherwise than by muscular power and includes but is not limited to tractors, self-propelled construction and/or industrial equipment or implements of husbandry, motorized snow vehicles, or cars of steam, electric, or diesel railways. 2.17 "Owner" means the person or persons who owns or own any land or lands, or any lots thereof, within the Municipality and includes but is not limited to a registered or equitable owner, occupant, tenant, lessee, or mortgagee in possession. 2.18 "Person" means any individual, company, corporation or director thereof, partnership, firm, trust, sole proprietorship, government or government agency, authority, or entity, howsoever established, joint venture, syndicate, or other legal entity, and further includes all successors, assigns, or legal representatives thereof. 2.19 "Private Drain" means a sanitary private drain for the collection and transmission of sanitary sewage to the sanitary sewer and to which extraneous flows, such as storm drainage, roof water, and surface and/or ground waters are not to be intentionally admitted. 2.20 "Vessel" means any form of marine transportation for humans, commodities, or goods and designed to be propelled by any means including but not limited to internal combustion engine or engines or otherwise by steam, electric, muscular, or natural power. 2.21 "Waste Material" means any article, thing, matter, or effluent that appears to have been set aside, discarded, abandoned, or discharged, whether of any value or not, or otherwise appears to have been used up in whole or in part, or expended or worn out in whole or in part and, without limiting the generality of the foregoing, includes but is not limited to the following: 1. Garbage, refuse, debris, litter, grass clippings, tree and garden cuttings, brush, vegetative undergrowth and underbrush, dead, diseased or damaged trees or bushes or leaves therefrom, and leaves. 2. Containers, including but not limited to crockery, dishes, glassware and bottles, both plastic and/or metal. 3. Paper, cardboard, cloth, plastics, and/or synthetics. 4. Weighty or bulky materials such as machinery, stoves, refrigerators and other such appliances, furniture, furnace parts, pipes, water or fuel tanks, wooden or metal signs or pallets, or any part or parts thereof. 5. A motor vehicle or other vehicle which is not operative, a motor vehicle which is not currently licensed pursuant to the provisions of the Highway Traffic Act, S.O. 1990, c. H.8, as amended, discarded motor vehicle or other vehicle, automotive parts, vehicle parts and accessories, mechanical equipment, mechanical parts, unmounted tires, tires mounted on rims, and/or accessories or adjuncts to any such motor vehicle or other vehicle and mechanical equipment. 6. A vessel which is not operative, discarded vessel, unsound or unseaworthy vessel, vessel parts and accessories, mechanical equipment, mechanical parts, and/or accessories or adjuncts to such a vessel and/or mechanical equipment. 7. Broken concrete (other than for shore protection), asphalt payment, patio/sidewalk slabs, surplus building materials whether new or used. 8. Material resulting from or as part of construction, alteration, repair or demolition of any building or structure. 9. Rubble, inert fill, and/or fencing materials. 10. All waste of animal or vegetable origin resulting from the processing or preparation or storage or sale or consumption of food, except any material of vegetable origin placed in the composting container. 11. Any liquid containing chemicals or solids either dissolved or in suspension. 2.22 "Yard" or "Yards" means the land or lands, other than publicly-owned land or lands, around or appurtenant to the whole or any part of a residential or non-residential building or structure and used or capable of being used in connection with such land or lands. 3.0 Scope 3.1 The regulations, standards, and/or prohibition set forth in this By-Law are deemed to create minimum standards for the promotion of the health, safety, comfort, convenience, and general welfare of the Municipality and its residents and property-owners. 4.0 General Prohibition 4.1 No person, including any owner of land, shall fail to comply with any regulation, standard, or prohibition set forth in this By-Law. 5.0 Lot Maintenance Regulations, Standards, and/or Prohibitions 5.1 Every owner of land in the Municipality shall keep such land, in whole and in part and including all yards, grounds, and vacant lands, drained and cleaned and cleared of all waste material. 5.2 For purposes of clarity and in respect of the regulation set forth in section 5.1 above, the requirement for keeping land cleaned and cleared of all waste material is deemed to include removal of any noxious weed and/or grasses in excess of 15cm in height, measured from ground level at the location from which such noxious weed or grass grows, except on any slope requiring such vegetation for slope stability, the proof of which exception is borne by the owner or owners of such land. 5.3 Every owner of land in the Municipality shall fill in any excavation located on such land so owned which is not completely enclosed by an adequate barrier and/or fencing, the adequacy of which barrier or fencing is to be determined by the Chief Building Official of the Municipality or his or her designate. 5.4 For purposes of clarity and in respect of the regulation set out in section 5.3 above, the requirement for filling in an excavation does not apply to work that, in the opinion of the Chief Building Official of the Municipality or his or her designate, is actively proceeding under a construction or building permit. 5.5 No person, including any owner of land in the Municipality, shall connect or cause or permit any connection of any weeping tile, foundation drain, roof drain, or lay drain into any private drain servicing such land or lands, including any building or structure erected thereon, and, furthermore, no person, including any owner of land in the Municipality, shall discharge or cause or permit to be discharged any extraneous flow, including but not limited to groundwater, foundation well water, roof or surface water or storm drainage, into any private drain. 5.6 Every owner of land in the Municipality and serviced by a private drain shall alter or repair that private drain to disconnect any extraneous flows from or into such private drain. 5.7 Every owner of land in the Municipality shall drain lands so owned upon which surface or groundwater has accumulated to a depth which, in the opinion of the By-Law Enforcement Officer, creates an unsafe or dangerous condition. 5.8 For purposes of clarity and in respect of the regulation set forth in section 5.7 above, the requirement for draining of surface or groundwater does not apply to swimming pools lawfully constructed, installed, and maintained, storm water management facilities, water gardens, or natural bodies of water. 5.9 Every owner of land in the Municipality shall keep all hedges and trees adjacent to a public sidewalk or highway cut and trimmed so as to allow safe and unhindered passage and an unrestricted view of pedestrians and/or vehicular traffic travelling upon such sidewalk or highway. 5.10 No person, including the owner thereof, shall use or cause or permit the use of any land in the Municipality for dumping, depositing, or otherwise disposing of waste material of any kind. 5.11 No person, including any owner thereof, shall use any land in the Municipality for storage of any motor vehicle without a current license plate or any other vehicle for the purpose of wrecking or dismantling them or salvaging parts thereof for sale or other disposal unless that use of such land in the Municipality is in strict compliance with zoning requirements enacted by the Municipality. 5.12 No person, including any owner thereof, shall use any land in the Municipality for storage of any other vehicle or vehicles or any vessel or vessels for the purpose of wrecking or dismantling such vessel or vessels or salvaging parts there from for sale or other disposition unless such use of land is in conformity with zoning requirements enacted by the Municipality. 5.13 No person, including the owner of any land in the Municipality, shall cause or permit any Commercial Solid Waste or Grease Container to overflow its normal capacity when its cover or covers are in a closed and secured position. 5.14 No person, including the owner of any land in the Municipality, shall cause or permit foul or offensive odour or odours to emanate from any Commercial Solid Waste Container or Grease Container. 5.15 Every owner of any lot fronting any municipal highway or street where an adjacent sidewalk has been constructed shall remove and/or clear away and keep removed and cleared away all snow and ice from such sidewalk on the street side nearest to such lot, such removal to be completed within twenty-four (24) hours of a snowfall. 5.16 Every owner of any lot in the Municipality which fronts upon any municipal highway or street where an adjacent sidewalk has been constructed shall remove and clear away and keep removed and cleared away all dirt, debris, and litter from the said sidewalk on the street side nearest to such lot. 5.17 No person, including any owner thereof, shall plant, maintain, or permit any tree, brush, hedge, or shrub to grow more than one (1) metre in height on a corner lot where such tree, bush, hedge, or shrub is planted within four (4) metres of the intersection of the front lot line and the exterior lot line of such lot. 5.18 Every owner of any land in the Municipality shall keep such land clean and clear of any dilapidated or collapsed buildings or structures, or parts thereof, as erected upon such land. 5.19 Every owner of any land in the Municipality shall keep a yard or pen where a dog or dogs are allowed to run in a clean and sanitary condition and, furthermore, all excrement, feces, refuse, and dropped or scattered food associated therewith shall be removed from such yard or pen by the said owner at least once every three (3) days. 5.20 Every owner of land in the Municipality shall keep such land clean and clear of any object or objects and/or condition or conditions which are or could create any health, fire, or safety hazards, including but not limited to any object or condition which could promote or encourage the infestation and/or habitation of or by rodents, insects, or other vermin. 6.0 Special Provisions — Landscaping 6.1 Without limiting the generality of any provision set forth above, 6.1.1 every owner of land in the Municipality shall keep all grass, trees, bushes, hedges, and other landscaping material in a condition so as to prevent unsightly or unreasonable undergrowth in relation and compared to the surrounding natural environment. 6.1.2 every owner of land in the municipality shall keep and take reasonable steps to keep grass, trees, bushes, hedges, and other landscaping material in a living condition. 7.0 Special Provisions — Natural Gardens 7.1 Without limiting the generality of any provision set forth above and subject to the regulations and prohibitions set forth in section 7.2 below, the owner of any land in the Municipality may grow and maintain a managed and natural landscape, including one or more species of wild flowers, shrubs, trees, herbaceous plants, ferns, and/or grasses, or any combination thereof and regardless of whether such species are native or non-native to the Municipality and/or edible or not edible (referred to as a "natural garden"), upon such land. 7.2 No owner of land in the Municipality shall plant, grow, or maintain a natural garden that: 7.2.1 contains any noxious weed; 7.2.2 in an urban area as identified or defined in section 4 of the Official Plan for the Municipality that: 7.2.2.1 fails to maintain a growth setback of two (2) metres from the nearest edge of a highway (as defined by the Highway Traffic Act, R.S.O 1990, c. H.8, as amended) within which any tree, shrub, plant, flower, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows; and/or 7.2.2.2 fails to maintain a growth setback of two (2) metres from the nearest edge of a sidewalk constructed adjacent to such land within which any tree, shrub, plant, flour, fern, or grass cannot exceed 15cm in height as measured from the ground level at the location from which it grows. 8.0 Special Provisions — Lot Grading and Drainage / Fill Placement 8.1 Without limiting the generality of any provision set forth above, every owner of land in the Municipality, 8.1.1 shall keep such land adequately drained of surface water, including suitable provision for its disposal without causing or creating erosion; 8.1.2 shall not discharge water, including but not necessarily limited to surface water, water collected from the roof of any building or water from a swimming pool, onto any driveway, entranceway, walkway, sidewalk, stair, step, or any land adjacent thereto, or any highway in such a manner so as to cause damage or create an unsafe condition; 8.1.3 shall not cause or permit roof drainage to be discharged onto the ground less than one (1.0) metre from any building constructed thereon, provided that, at the location of discharge, such water does not escape onto or adversely affect adjacent lands or otherwise cause erosion; 8.1.4 shall not cause or allow any fill piled upon such land to remain in and on the levelled state for longer than fourteen (14) days from the date of such piling, unless the land contains a construction site for which a building permit has been issued by the Municipality and is in effect; 8.1.5 shall not cause or allow any fill piled upon land to remain uncovered by sod, seed, or agricultural crops for more than thirty (30) days from the date of such piling, unless the land either: 8.1.5.1 is being actively farmed, 8.1.5.2 contains a construction site for which a building permit has been issued by the Municipality and is in effect, or, 8.1.5.3 is subdivided under a signed subdivision agreement with the Municipality. 9.0 Special Provisions — Outdoor Storage 9.1 Where outdoor storage is permitted, every owner of any land in the Municipality shall: 9.1.1 locate and maintain such storage in a safe condition, wherein all stored items and materials are packed or stacked in a neat and orderly fashion or in bins, containers, structures, or enclosures appropriate for the nature, composition, or other characteristic properties or distinctive attributes of such stored items and materials; and, 9.1.2 completely enclose such outdoor storage area with fencing at least 1.5 metres in height, which fencing shall be constructed in such a fashion to screen the view of all items and materials so stored and provided that such fenced enclosures, 9.1.2.1 shall be located at least six (6.0) metres from any highway, and, 9.1.2.2 shall be landscaped on the exterior sides thereof, save any side which adjoins any building, driveway, or parking or loading area. 10.0 Special Provisions — Fences / Fencing 10.1 Every owner of land or lands in the Municipality upon or between which a fence, fences, or fencing has been erected shall maintain such fence, fences, or fencing, 10.1.1 in general repair, free from loose or insufficiently secured, rotten, warped, or broken materials or elements; 10.1.2 in a safe and structurally sound condition, capable of sustaining safely it's own weight and any load to which it could reasonably be subjected; 10.1.3 free of dangerous objects; and, 10.1.4 reasonably plumb, unless specifically designed to be other than vertical. 11.0 Administration and Enforcement 11.1 This By-Law shall be administered by a By-Law Enforcement Officer appointed by Council and shall be enforced by either such By-Law Enforcement Officer or a police officer. 11.2 The By-Law Enforcement Officer may, from time to time, designate another person or persons or retain the services of a qualified consultant to assist in the performance of duties hereunder. 11.3 The By-Law Enforcement Officer may enter on any land at any reasonable time for the purpose of carrying out an inspection of such land, including for the purpose of determining whether or not this By-Law or any Notice of Violation issued hereunder is being complied with. 11.4 For the purpose of conducting an inspection pursuant to section 11.3 above, a power of entry may be exercised by a By-Law Enforcement Officer to carry out an inspection and the said By-Law Enforcement Officer may; 11.4.1 require the production for inspection of documents or things relevant to the inspection; 11.4.2 inspect and remove documents or things relevant to the inspection for the purpose of making copies or extracts; 11.4.3 require information from any person related to a matter relevant to the inspection; 11.4.4 alone or in conjunction with any person possessing special or expert knowledge, make examinations or take tests, samples, or photographs necessary for the purposes of the inspection. 12.0 Notice of Violation 12.1 If a By-Law Enforcement Officer is satisfied that a violation or contravention of this By-Law has occurred, the said By-Law Enforcement Officer may serve written notice upon the owner of the involved land, directing that the violation be remedied within a specific period. Such notice shall contain reasonable particulars of the violation adequate to identify same and the location of the land as well as the date by which compliance must be effected. 12.2 In the event that the violation in the notice is not remedied within the aforesaid period of time, the By-Law Enforcement Officer may cause the violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. 12.3 Where a By-Law Enforcement Officer deems a violation of this By-law to constitute an emergency or danger to the public, the said By-Law Enforcement Officer may, without notice, cause such violation to be remedied at the expense of the owner. The Municipality shall not be responsible for any damage or loss that may be sustained by the owner as a result. Where the violation is remedied without prior notice to the owner, the By-Law Enforcement officer shall serve written notice upon the owner of the land describing the particulars of the violation so as to adequately identify same and the location of the land as well as the date upon which the remedial action was taken. 12.4 Any notice given under this By-Law may be given by regular mail or personal delivery. Delivery by regular mail shall be deemed to have been effected on the third day after posting. 12.5 The Municipality may recover its costs of remedying violation of this By-Law by invoicing the owner, by institution of court proceedings, or by adding the cost to the tax roll in the same manner as municipal taxes. The exercise of any such remedy shall not preclude the exercise of any other available remedy. 13.0 Offence and Penalty 13.1 Any person who contravenes any provision of this By-Law or a notice issued hereunder is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.2 A director or officer of a corporation who knowingly concurs in a violation or contravention by the corporation of any provision of or notice under this By- Law is guilty of an offence and, upon conviction, is liable to a minimum fine of $500.00 and a maximum fine of not more than $15,000.00. 13.3 If either a notice has been issued under this By-Law or any Court of competent Jurisdiction has issued an Order in respect of this By-Law and such notice or Order has not been complied with, then any ongoing contravention of such notice or Order shall be deemed to be a continuing offence for each day or part thereof that the said notice or Order is not complied with. 13.4 Any person who contravenes any provisions of this By-Law so as to constitute or commit a continuing offence shall be liable to a fine of not less than $200.00 and not more than $15,000.00 for each day or part of a day that such offence continues. The total of any such daily fines for such continuing offence shall not exceed $100,000.00. 13.5 In the event of conviction of an offence of this By-Law, the Court entering such conviction or any other Court of competent jurisdiction may, in addition to any other penalty, make an Order prohibiting the continuation or repetition of the offence by the person so convicted. 14.0 Severability 14.1 If a Court of competent jurisdiction declares any section or part of this By- Law invalid, the remainder of this By-Law shall continue in force unless the Court makes an order to the contrary. 15.0 Effective Date 15.1 This By-Law shall come into full force and take effect on the date it is passed. READ A FIRST, SECOND, AND THIRD TIME AND PASSED THIS XX DAY OF MARCH, 2018. Paul Ens, Mayor Paul Shipway, Clerk INXICH.44,1 f41114= 1 .041;- "k* REPORT o icy CAO Ppul'tunity Is11.0 TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: February 15, 2018 REPORT: CAO-14/18 SUBJECT: 2018 MUNICIPAL ASSISTANCE BACKGROUND: Annually the Council of the Corporation of the Municipality of Bayham considers resolutions providing various forms of support to Edison Fest, Watermelon Fest and Beach Fest. Council also considers resolutions in support of road closures for parade and block parties throughout the year. Staff have worked to implement a standard approval framework and timeline so all requests are considered together to permit for early notification of approvals and the ability for Public Works to make plans pertaining to the allocation of resources and staff to support the decisions of Council. Report CAO 14/18 is provided so Council is aware of previous resolutions, the staffing impact of the resolutions and an effort to establish uniform application of assistance to the various valued community organizations. DISCUSSION Annually, in addition to resolutions passed by Council, the Municipality provides funds from the Financial Assistance Operating Budget as follows: • Bayham Historical Society - $2,000 • Straffordville Community Committee - $2,000 • Bayham Beachfest Committee - $2,000 Port Burwell Historical Society - Canada Day Parade & Celebration 2017 RESOLUTION THAT Notification of Special Event and Event Road Closure Request Form from Port Burwell Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell Historical Society for permission to use the streets within Port Burwell for the Canada 150 Parade to be held Saturday, July 1, 2017 at 12:30 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million naming the Municipality of Bayham as additional insured; AND THAT Wellington Street from Elizabeth Street to Robinson Street, Robinson Street from Wellington Street to Brock Street, Brock Street from Robinson Street to Erieus Street and Erieus Street from Brock Street to Pitt Street be temporarily closed during the parade between 11:30 a.m. — 1:00 p.m.; AND THAT Pitt Street from Robinson Street to Erieus Street and Erieus Street from Pitt Street to Wellington Street be closed from 11:30 a.m. — 8:00 p.m. for Canada 150 celebration; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety; AND THAT the Municipality arrange for an accessible portable washroom with internal sink be placed in the gazebo area; AND THAT Council direct staff to provide picnic tables and waste receptacles for the gazebo area; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. PROPOSED 2018 RESOLUTION THAT Event Road Closure Request Form from Port Burwell Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell Historical Society for permission to use the streets within Port Burwell for the Canada Day Parade and Celebration to be held Sunday, July 1, 2018 from 11:30 a.m. to 12:30 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million naming the Municipality of Bayham as additional insured; AND THAT Wellington Street from Elizabeth Street to Robinson Street, Robinson Street from Wellington Street to Brock Street, Brock Street from Robinson Street to Erieus Street and Erieus Street from Brock Street to Pitt Street be temporarily closed during the parade between 11:30 a.m. — 12:30 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. All requests for 2018 from the Port Burwell Historical Society have been included in the proposed resolution. The 2017 resolution included items specific to Canada 150 celebrations. Royal Canadian Legion Branch 524 - Remembrance Day Parade 2017 RESOLUTION THAT Event Road Closure Request Form from Port Burwell / Bayham Legion Branch 524 be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell / Bayham Legion Branch 524 for permission to use the streets within Port Burwell for the Armistice Parade to be held Sunday, November 5, 2017 at 1:30 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million, naming the Municipality of Bayham as additional insured; AND THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be temporarily closed during the parade between 1:30 p.m. — 3:00 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. PROPOSED 2018 RESOLUTION THAT Event Road Closure Request Form from Port Burwell / Bayham Legion Branch 524 be received for information; AND THAT the Council of the Municipality of Bayham approves the request by the Port Burwell / Bayham Legion Branch 524 for permission to use the streets within Port Burwell for the Remembrance Day Parade to be held Sunday, November 4, 2018 at 1:00 p.m., subject to the provision of proof of liability insurance coverage in the amount of$2 million, naming the Municipality of Bayham as additional insured; AND THAT Wellington, Robinson and Pitt Streets, from the Legion to the Cenotaph, be temporarily closed during the parade between 1:00 p.m. — 1:45 p.m.; AND THAT the County of Elgin be requested to approve use of Wellington Street from Elizabeth Street to Robinson Street; AND THAT the Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. All requests for 2018 from the Royal Canadian Legion Branch 524 have been included in the proposed resolution. Bayham Beachfest Committee - Bayham Beachfest 2017 RESOLUTION THAT Notification of Special Event from Bayham Beachfest be received for information; AND THAT the Council of the Municipality of Bayham approves use of the Port Burwell East Beach for event to be held daily from 12:00 noon until 10:00 p.m. on August 4 — 6, 2017, including a beer garden, subject to meeting the requirements of the Municipal Alcohol Policy, based on an attendance of 250 —400 people in the beer garden at any given time, being 100% Smart Serve Trained personnel, including a minimum of eight (8) Smart Serve personnel, plus two (2) extra floor monitors when allowing participants under the age of majority (19) and other volunteer or paid security personnel, as necessary to provide sufficient crowd control and public safety on site during all dates and hours for which the beer garden is open and as listed on the Outdoor Special Occasion Permit Application to be provided to and approved by Council a minimum of three weeks before the event and also subject to: • All alcohol being served in disposable cups, not bottles or cans; • Providing a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of$2 million liability, covering all events; • Obtaining the necessary approvals from Elgin-St. Thomas Public Health, the Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice; AND THAT all other terms and conditions of the municipal rental agreement remain in effect; AND THAT a copy of the LOBO liquor license be provided to the Municipality two weeks prior to the event; AND THAT the clean-up of the east beach area and any costs thereof, be the responsibility of the organizers; AND THAT staff provide access to East Beach washroom water and power panel; AND THAT Council does not approve the closure of the East Beach parking lot; AND THAT arrangements be made with the Public Works Operations Supervisor to provide picnic tables, garbage cans / recycle barrels, pylons and staff assistance for installation of fence assembly and removal; AND THAT the Public Works Operations Supervisor make the necessary arrangements for traffic control and safety. PROPOSED 2018 RESOLUTION THAT Notification of Special Event from Bayham Beachfest be received for information; AND THAT the Council of the Municipality of Bayham approves use of the Port Burwell East Beach for event to be held daily from 12:00 noon until 10:00 p.m. on August 3 — 5, 2018, including a beer garden, subject to meeting the requirements of the Municipal Alcohol Policy, based on an attendance of 250 —400 people in the beer garden at any given time, being 100% Smart Serve Trained personnel, including a minimum of eight (8) Smart Serve personnel, plus two (2) extra floor monitors when allowing participants under the age of majority (19) and other volunteer or paid security personnel, as necessary to provide sufficient crowd control and public safety on site during all dates and hours for which the beer garden is open and as listed on the Outdoor Special Occasion Permit Application to be provided to and approved by Council a minimum of three weeks before the event and also subject to: • All alcohol being served in disposable cups, not bottles or cans; • Providing a certificate of insurance, naming the Municipality of Bayham as an additional insured, in the minimum amount of$2 million liability, covering all events; • Obtaining the necessary approvals from Elgin-St. Thomas Public Health, the Ontario Provincial Police and the Bayham Fire Chief, as per the Municipal Event Notice; AND THAT all other terms and conditions of the municipal rental agreement remain in effect; AND THAT a copy of the LOBO liquor license be provided to the Municipality two weeks prior to the event; AND THAT the clean-up of the east beach area and any costs thereof, be the responsibility of the organizers; AND THAT staff provide access to East Beach washroom water and power panel; AND THAT arrangements be made with the Public Works Operations Supervisor to provide picnic tables, garbage cans / recycle barrels, pylons, barricades for the pier and staff assistance for installation of fence assembly and removal; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event. All requests for 2018 from the Bayham Beachfest Committee have been included in the proposed resolution. Bayham Beachfest Committee - Port Burwell Santa Claus Parade 2017 RESOLUTION THAT the Event Road Closure Request Form from the Bayham Beachfest Committee for the Port Burwell Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Port Burwell for parade purposes on Saturday, December 2, 2017 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT the County of Elgin be requested for permission to use Wellington Street in Port Burwell between 5:30 p.m. and 8:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. PROPOSED 2018 RESOLUTION THAT the Event Road Closure Request Form from the Bayham Beachfest Committee for the Port Burwell Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Port Burwell for parade purposes on Saturday, December 1, 2018 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT Robinson Street from Pitt Street to Wellington Street and Wellington Street from Robinson Street to Elizabeth Street be temporarily closed during the parade between 6:00 p.m. — 8:00 p.m.; AND THAT the County of Elgin be requested for permission to use Wellington Street in Port Burwell between 6:00 p.m. and 8:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. All requests for 2018 from the Bayham Beachfest Committee have been included in the proposed resolution. Straffordville Hall Foundation - Straffordville Santa Claus Parade 2017 RESOLUTION THAT the Event Road Closure Request Form from the Bayham Beachfest Committee regarding Straffordville Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Straffordville for parade purposes on Saturday, December 9, 2017 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT the County of Elgin be requested for permission to use Plank Road from the Straffordville Public School to Third Street, Straffordville between 10:30 a.m. and 12:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety; AND THAT permission be granted to the Bayham Beachfest Committee to use the Straffordville Fire Hall to host Santa Claus following the parade. PROPOSED 2018 RESOLUTION THAT the Event Road Closure Request Form from the Straffordville Hall Foundation regarding Straffordville Santa Claus Parade be received; AND THAT the Council of the Municipality of Bayham grants permission to use municipal streets within Straffordville for parade purposes on Saturday, December 8, 2018 subject to the organizers: • providing the municipality with proof of liability insurance coverage naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request Form and parade route mapping) AND THAT Heritage Line from the Straffordville Community Centre to West Street, Old Chapel Street from Heritage Line to Main Street, Main Street from Old Chapel Street to West Street, West Street from Main Street to Third Street, Third Street from West Street to Plank Road, Plank Road from Third Street to Main Street be temporarily closed during the parade between 10:30 a.m. — 12:00 p.m.; AND THAT the County of Elgin be requested for permission to use Plank Road from Third Street to Main Street and Heritage Line from Sandytown Road to West Street between 10:30 a.m. and 12:00 p.m. for the parade; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to provide the necessary provisions for traffic control and safety. All requests for 2018 from the Straffordville Hall Foundation have been included in the proposed resolution. Use of the Straffordville Community Centre at no charge has not been included in this resolution as Agreement No. 0608 as authorized by By-law No. 2016-108 outlines the provisions pertaining to no charge use of the Straffordville Community Centre by the Straffordville Hall Foundation. Straffordville Community Committee - Watermelon Fest & Parade 2017 RESOLUTION - PARADE THAT the Event Road Closure Request Form from the Straffordville Community Committee regarding Watermelon Fest be received; AND THAT an exemption to permit parking on the west side of Sandytown Road be granted; AND THAT Council grants permission to use municipal streets within Straffordville for parade purposes, on Saturday, August 26, 2017 subject to the organizers: • providing the municipality with proof of liability insurance to cover all events including naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request and parade route mapping); AND THAT Old Chapel Street south from Heritage Line to Main Street and Main Street to Plank Road be closed during the parade; AND THAT Council requests permission from the County of Elgin to use Plank Road from the Straffordville School north to Main Street and Plank Road from Third Street south to Heritage Line and Heritage Line west to the Straffordville Community Park on August 26, 2017 between 10:00 a.m. and 11:00 a.m. during the parade in Straffordville; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to make the necessary arrangements for traffic control, signage and safety; AND THAT the cleanup of the park area be the responsibility of the organizers. 2017 RESOLUTION—WATERMELON FEST THAT Notification of Special Event from Straffordville Community Committee be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured: • Use of the Straffordville Community Center, main hall, park, pavilion, parking lot and cement pad for Watermelon Fest on August 25 and 26, 2017 at no cost (cleanup of park after the event responsibility of the organizers • Provision of a garbage dumpster, installation and removal of extra garbage cans, delivery of picnic tables, staff assistance to clean cement pad (prior to event; AND THAT this resolution be read in conjunction with the February 2, 2017 Council resolution regarding Watermelon Fest parade. PROPOSED 2018 RESOLUTION THAT the Event Road Closure Request Form from the Straffordville Community Committee regarding Watermelon Fest and Watermelon Fest Parade be received; AND THAT an exemption to permit parking on the west side of Sandytown Road be granted; AND THAT Council grants permission to use municipal streets within Straffordville for parade purposes, on Saturday, August 25, 2018 subject to the organizers: • providing the municipality with proof of liability insurance to cover all events including naming the Municipality of Bayham as an additional insured, in the minimum amount of$2,000,000.00; • obtaining the necessary approvals from the Ontario Provincial Police and the Bayham Fire Chief (as per completion of the Event Road Closure Request and parade route mapping); AND THAT Old Chapel Street south from Heritage Line to Main Street and Main Street to Plank Road be closed from 10:00 a.m. - 5:00 p.m.; AND THAT Plank Road from the Straffordville School to Third Street, Main Street from Plank Road to West Street, West Street from Main Street to Third Street, Third Street from West Street to Plank Road and Heritage Line from West Street to Sandytown Road be temporarily closed during the parade from 10:00 a.m. — 11:00 am; AND THAT Council requests permission from the County of Elgin to use Plank Road from the Straffordville School north to Third Street and Heritage Line from West Street to Sandytown Road on August 26, 2017 between 10:00 a.m. and 11:00 a.m. during the parade in Straffordville; AND THAT the Municipality of Bayham Public Works Operations Supervisor be directed to make the necessary arrangements for traffic control, signage and safety, installation and removal of extra garbage cans and picnic tables, staff assistance to clean cement pad (prior to event); AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT the cleanup of the park area be the responsibility of the organizers. AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured: • Use of the parking lot and cement pad for Watermelon Fest on August 24 and 25, 2018 (cleanup of park after the event responsibility of the organizers. Staff would note Public Works received concerns with the closing of Old Chapel St. and Main St. in 2017, the elongated closing period may cause additional concerns. Access to local residents will need to be provided during the closure. Staff seek direction on the following items that have not been included in the 2018 proposed resolution: a. Garbage dumpster for the day i. Does Council intend to provide the $2,000 and the dumpster or is the $2,000 intended to cover costs. Similar to how portable washrooms are handled? b. Use of Straffordville Community Centre, pavilion and grounds at no charge August 24 & 25, 2018 i. In 2017 the Straffordville Community Committee paid the Community Partner rental amount pursuant to By-law 2016-059 the Rates & Fees By-law. c. Use of Straffordville Community Centre and/or parking lot up to 12 times per year at no charge for fundraising events i. In 2017 the Straffordville Community Committee paid the Community Partner rental amount pursuant to By-law 2016-059 the Rates & Fees By-law. Pursuant to the Rates & Fees By-law the Municipality does not charge a fee for Parking Lot usage, only an insurance certificate and rental agreement is required. d. Placement and removal of street banners i. This is included in the Operating Budget e. Putting up and taking down of Christmas lights at the parkette i. This is included in the Operating Budget f. Use of Municipal digital sign for event advertising i. Pursuant to the Digital Sign Policy, as authorized by By-law No. 2017-047 this is available for application through the Municipal Website via the Digital Sign Form Bayham Historical Society— EdisonFest & Annual Edison Dinner & Silent Auction *Note —Vienna will be subject to the Elgin County Capital Project— Plank Rd. Reconstruction in 2018. The construction project will occur during the majority of the construction season and the County proposes to detour traffic with the exception of local traffic during the project. 2017 RESOLUTION THAT correspondence from Bayham Historical Society be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Use of the Vienna Memorial Park including pavilion and food booth June 2, 3 &4; • Use of Vienna Community Centre June 2 & 3 for Edison Fest and November 11, 2017 for Edison Dinner at no cost; AND THAT Council do not support the request for the closure of Plank Road in Vienna from the east side of Oak Street to the west side of Edison Drive and closure of Elm Street at Plank Road and Fulton Street June 2, 2017 from 7:00 p.m. — 11:00 p.m. AND THAT Council direct staff to provide access to food booth, water and utility panels at the Vienna Memorial Park; AND THAT Council direct staff to provide 30 — 35 picnic tables and waste receptacles at Vienna Memorial Park; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers PROPOSED 2018 RESOLUTION THAT Special Event Request Form and correspondence from Bayham Historical Society regarding Vienna EdisonFest be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Use of the Vienna Memorial Park including pavilion and food booth from 7:00 a.m. — 7:00p.m. June 2, 2018 and 7:00 a.m. — 5:00 p.m. June 3, 2018; AND THAT Council direct staff to provide access to food booth, water and utility panels at the Vienna Memorial Park; AND THAT Council direct staff to provide up to 20 picnic tables, waste and recycle receptacles, garbage & recycle bags at Vienna Memorial Park, safety barrier cones and use of paint line marking wheel; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. Staff seek direction on the following items that have not been included in the 2018 proposed resolution: a. Garbage dumpster i. Does Council intend to provide the $2,000 and the dumpster or is the $2,000 intended to cover costs. Similar to how portable washrooms are handled? b. Use of Vienna Community Centre and property June 2, 2018 at no cost i. The Bayham Historical Society is a Community Partner pursuant to By-law 2016-059 the Rates & Fees By-law. Does Council intend to waive rental fees going forward? c. Use of Vienna Community Centre and contents November 10 & 11, 2018 at no cost for Annual Edison Dinner& Silent Auction i. The Bayham Historical Society is a Community Partner pursuant to By-law 2016-059 the Rates & Fees By-law. Does Council intend to waive rental fees going forward? Bayham Historical Society - Vienna Walking/Driving Tour- Talbot Trail of Yard Sales - Christmas Tree Lighting & Caroling *Note—Vienna will be subject to the Elgin County Capital Project— Plank Rd. Reconstruction in 2018. The construction project will occur during the majority of the construction season and the County proposes to detour traffic with the exception of local traffic during the project. PROPOSED 2018 RESOLUTION THAT Special Event Request Form and correspondence from Bayham Historical Society regarding various events be received for information; AND THAT the Council of the Municipality of Bayham approves the use of the Vienna Memorial Park, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Vienna Walking/Driving Tour, Sunday June 10, 2018 from 2:00 p.m. —4:00 p.m.; • Talbot Trail of Yard Sales, Saturday, August 18, 2018 (rain date Sunday, August 19, 2018) from 8:00 a.m. — 3:00 p.m.; • Christmas Tree Lighting & Caroling, Saturday, November 24, 2018 from 7:00 p.m. — 9:00 p.m.; AND THAT Council direct staff to provide access to food booth, pavilion, waste and recycle receptacles, garbage and recycle bags, water and utility panels at the Vienna Memorial Park for each event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. Bayham Historical Society - Car Rally *Note —Vienna will be subject to the Elgin County Capital Project— Plank Rd. Reconstruction in 2018. The construction project will occur during the majority of the construction season and the County proposes to detour traffic with the exception of local traffic during the project. PROPOSED 2018 RESOLUTION THAT Special Event Request Form and correspondence from Bayham Historical Society regarding Car Rally be received for information; AND THAT the Council of the Municipality of Bayham approves, subject to provision of certificate of liability insurance in the minimum amount of$2 million, naming the Municipality of Bayham as additional insured for each event: • Use of the Edison Field Saturday July 21, 2018 from 8:00 a.m. — 8:00 p.m.; AND THAT Council direct staff to provide up to 20 picnic tables, waste and recycle receptacles garbage & recycle bags and safety barrier cones; AND THAT for the requirements noted above, quantity and location for drop off with map be provided to the Municipality one month prior to the event; AND THAT clean-up of all areas and any costs thereof, be the responsibility of the organizers. Staff seek direction on the following items that have not been included in the 2018 proposed resolution: a. Use of Vienna Community Centre July 21, 2018 at no cost i. The Bayham Historical Society is a Community Partner pursuant to By-law 2016-059 the Rates & Fees By-law. Does Council intend to waive rental fees going forward? RECOMMENDATION 1. THAT Report CAO-14/18 re 2018 Municipal Assistance be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk ,Tp. REPORT opp *�y CAO ui'tunity to TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: February 15, 2018 REPORT: CAO-15/18 SUBJECT: GREEN ENERGY ACT BACKGROUND The Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, states that the Government of Ontario is committed to ensuring that the Government of Ontario and the Broader Public Sector, including government funded institutions, conserve energy and use energy efficiently in conducting their affairs. Section 6 of the Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, dictates that the broader public sector shall provide a summary of annual energy consumption for each of its operations that consume energy. Ontario Regulation 397/11 Energy Conservation and Demand Management Plans enacted under the Green Energy Act, 2009 S.O. 2009, Chapter 12, as amended, dictates the process for the compilation, submission and publication of annual energy reports and energy conservation and demand management plans. Section 5 of Ontario Regulation 397/11 specifically states that on or before July 1st, 2013 each broader public sector organization must compile, submit and publish a summary of the organizations 2011 calendar year annual energy consumption and greenhouse gas emissions which must include a list of the energy consumption and greenhouse gas emissions for the year with respect to each operational category. Further, on or before July 1 of each year after 2013, each broader public sector organization must compile, submit and publish a summary of the organization's annual energy consumption and greenhouse gas emissions which must include a list of the energy consumption and greenhouse gas emissions for the year with respect to each operational category. Additionally, as of July 1, 2014, Ontario Regulation 397/11 requires each broader public sector organization develop and implement energy conservation and demand management plans which will require yearly updates and five year reviews. DISCUSSION The Municipality of Bayham has tracked and analyzed operation energy and energy efficiency data since 2011. As per Section 5 of Ontario Regulation 397/11 the Municipality of Bayham Conservation and Demand Management Plan is attached hereto as Appendix 'A'. TERMINOLOGY Green House Gas Emissions - kgCO 2e/yr The kilograms (kg) of equivalent carbon dioxide (CO 2) units of Green House Gas emissions attributed to the energy purchased and consumed for each operation. Green House Gas emission factors are based on Environment Canada's National Inventory. Green House Gas Intensity - CO 2e/m2 The equivalent carbon dioxide (CO 2) units of Green House Gas emissions per square metre of an operation. Energy Use - ekWh/yr The equivalent kilowatt hours of energy used per year for each operation. Energy Use is calculated by converting all energy used during the year to equivalent kilowatt hours (ekWh). Energy intensity - ekWh/ m2 The equivalent kilowatt hours (ekWh) per square metre of each operation. Energy Intensity is calculated based on all of the energy purchased and consumed for each operation relative to floor area. RECOMMENDATION 1. THAT Report CAO-15/18 re Green Energy Act be received for information; 2. AND THAT Council direct staff to publish Report CAO 15/18 inclusive of the Municipality of Bayham Conservation Demand Management Plan and 2016 Energy Consumption and Green House Gas Emissions Summary on the Municipal website in accordance with Ontario Regulation 397/11. Respectfully Submitted by: Paul Shipway CAOICIerk ANNY H Ski % lootoc rtiiii Municipality of Bayham Energy Conservation and Demand Management Plan Executive Summary: The 2015-2020 Municipality of Bayham Conservation and Demand Management Plan as required pursuant to Ontario Regulation 397/11 and the Green Energy Act is designed to assist in facilitating the transition of the Municipality of Bayham toward a sustainable future based on clear objectives and targets, and a call to focused community action. Declaration of Commitment: The Council of the Municipality of Bayham is committed to allocating necessary resources, where it is cost effective and corporately feasible and responsible to do so, to develop and implement a living and functional Energy Conservation and Demand Management Plan as required under Ontario Regulation 397/11. The Municipality of Bayham Energy Conservation and Demand Management Plan shall strive to educate staff and public, implement energy efficiencies and best practices and reduce energy consumption and its related environmental impact.All Municipal staff, coordinated by the CAO, shall work towards the implementation, analysis, monitoring and review of progress towards the goal of an energy efficient and sustainable Municipality of Bayham. The Municipality of Bayham shall incorporate energy efficiency and energy awareness into all areas of municipal action including corporate procedures, procurement practices, financial management and investment decisions, facility operations and maintenance, lifecycle cost analysis and asset management. Conservation Targets: The Municipality of Bayham shall strive to obtain the goals outlined in the Municipality of Bayham Energy Conservation and Demand Management Plan in order to obtain the following targets: 1. Reduce the greenhouse gas emissions (kg) of the Municipality by 10% prior to January 1, 2020 (2% per annum). 2. Reduce energy consumption (ekWh/yr) of the Municipality by an average of 0.5% per year between January 1, 2020 (total reduction of 2.5%). Objectives: The Municipality of Bayham Energy Conservation and Demand Management Plan shall assist in facilitating the transition of the Municipality towards a sustainable future based on the following objectives: 1. Maximize fiscal resources and avoid cost increases through direct and indirect energy savings. 2. Reduce the environmental impact of the Municipality's operations. 3. Increase the comfort and safety of occupants of Municipal facilities. 4. Promote a culture of energy conservation within the Municipality and the community. Current Municipal Energy Use Practices: The management of energy consumption and the energy performance of the Municipality of Bayham is currently monitored corporately and does not include actual monetary costs of energy. The current tracking method is mainly used for satisfaction of Ontario Regulation 397/11 and budgeting purposes. Going forward staff shall redefine baseline statistics to incorporate costing information and all municipal energy use. The 2011, 2012, 2013, 2014 & 2015 calendar year energy reporting templates are attached hereto as Appendix `A' . Actions & Measures: The Municipality of Bayham Energy Conservation and Demand Management Plan shall provide a relevant strategy with clear targets in order to clearly communicate the Municipal commitment to energy efficiency and sustainability. Utilizing the expertise of public sector organizations and the dedication of staff, the Municipality of Bayham shall overcome limited financial and human resources to complete actions as follows towards energy efficiency and sustainability. Municipality of Bayham -Actions & Measures Action Status Assessment Integrate monitoring and assessments of all corporate Complete Benchmarking energy use of the Municipality into the 2015 Energy Conservation and Demand Management Plan Conduct facility audits on all Municipal facilities that Complete Budget Item consume energy Assess energy commodity procurement options Complete Agreement Seek energy efficiency and sustainability funding In Progress- Budget opportunities Continual Communicate a corporate commitment to Continual Website sustainability and responsible energy use Strengthen partnerships with utility providers In-Progress- N/A Continual Train staff and council on energy efficiency and Continual N/A sustainability Explore renewable energy generation opportunities in In-Progress- Budget facilities that are energy use optimized Continual Municipal Energy Leader: The administration and implementation of the Municipality of Bayham Energy Conservation and Demand Management Plan shall be the responsibility of the CAO. As all staff contribute to energy use, all staff shall share the responsibility to be cognizant of energy use and work towards a culture of conservation. Through staff training and corporate information tracking, the Municipality shall be able to see the results of efforts. By incorporating energy use consideration into the capital and operating budget process, staff will ensure the implementation of sustainable and efficient energy use at an asset level moving forward. Energy Plan Review: The Municipality of Bayham Conservation and Demand Management Plan shall be reviewed and updated in accordance with Ontario Regulation 397/11. APPENDIX 'A' Municipality of Bayham Conservation & Demand Mangement Plan - 2011 Average Energy Total Hours Energy Intensity Floor Per GHG Emissions Intensity (ekWh/Mega Operation Name Area Unit Week Annual Flow l Electricity) Unit Natural Gas Unit (Kg) (ekWh/sgft) Litres) Municipal Office 4,440 Square feet 40 34,823 kWh 5,124 Cubic meter 12,472.66 20.11 Staffordville Fire Hall 6,068 Square feet 10 23,777 kWh 8,748 Cubic meter 18,441.55 19.24 Bayham Fire Station 3,900 Square feet 40 11,437 kWh 6,985 Cubic meter 14,120.80 21.97 Eden Community Center 7,344 Square feet 10 5,293 kWh 423.44 0.72 Vienna Community Center 6,800 Square feet 20 54,912 kWh 795 Cubic meter 5,895.63 9.32 Bayham Community Center 8,000 Square feet 20 109,898 kWh 7,359 Cubic meter 22,704.02 23.51 Edison Museum Vienna 1,392 Square feet 20 10,675 kWh 2,316 Cubic meter 5,233.07 25.35 Port Burwell Lighthouse 400 Square feet 20 3,640 kWh , 291.20 9.10 Port Burwell Library 1,900 Square feet. 15 12,317 kWh 2,063 Cubic meter 4,886.48_ 18.02 _ Straffordville Library 2,100 Square feet 34 22,554 kWh 980 Cubic meter 3,656.95 15.70 Port Burwell Beach Washrooms 450 Square feet 35 9,133 kWh 730.64 20.30_ Vienna Library 2,000 Square feet 0 10,156 kWh 812.48 5.08 Interpretive Centre 800 Square feet 20 899 kWh 71.92 1.12 Port Burwell Marine Museum 2,900 Square feet 20 9,259 kWh 4,071 Cubic meter 8,437.27 18.11 Port Burwell OPP 1,350 Square feet 0 763 kWh 61.04 0.57 Straffordville Garage 13,300 Square feet 40 56,197 kWh 19,113 Cubic meter 40,631.99 19.50 Port Burwell Public Works 1,500 Square feet 0 6,060 kWh 4,986 Cubic meter 9,911.84 39.37 Richmond Road Pump 545 Square feet 168 10296.00000 30,260 kWh 2,420.80 55.52 2.94 Sewer Plant 10,682 Square feet 40 257057.00000 514,101 kWh 41,128.08 48.13 2.00 Pumping Station#1 468 Square feet_ 168 27107.00000 27,323 kWh 825 Cubic meter 3,745.90 77.12 1.33 Pumping Station#2 468 Square feet 168 62685.00000 21,237 kWh _ 1,698.96 45.38 0.34 Pumping Station#3 12 Square feet, 168 9403.00000 3,935 kWh _ _ 314.80_ 327.92 0.42 Pumping Station #4 12 Square feet 168 1567.00000 1,408 kWh 112.64 117.33 0.90 Pumping Station#5 468 Square feet 168 105463.00000 32,106 kWh 2,568.48 68.60 0.30 Pumping Station#6 468 Square feet 168 124688.00000 55,760 kWh 4,460.80 119.15 0.45 Pumping Station#7 12 Square feet 168 10497.00000 3,938 kWh 315.04 328.17 0.38 Pumping Station#8 12 Square feet 168 69980.00000 8,257 kWh 660.56 688.08 0.12 Centre St- booster pump 48 Square feet 168 162.00000 4,768 kWh 381.44 99.33 29.43 Port Burwell Fire Station 3,900 Square feet 0 12,232 kWh 978.56 3.14 TOTAL 1,097,118 63,365 133,510.95 77.41 3.51 Municipality of Bayham Conservation & Demand Mangement Plan - 2012 Average Energy Total Hours GHG Energy Intensity Floor Per Annual Emissions Intensity (ekWh/Meg Operation Name Area Unit Week Flow Electricity Unit Natural Gas 1 Unit (Kg) (ekWh/sgft) a Litres) Municipal Office 4,440 Square feet 40 0 32,256 kWh 4,366 Cubic Meter 11,351.40 17.71 0.00 Staffordville Fire Hall 6,068 Square feet 10 0 25,839 kWh 7,541 Cubic Meter 16,738.61 17.47 0.00 Bayham Fire Station 3,900 Square feet 40 0 44,108 kWh 2,476 Cubic Meter 8,917.70 18.06 0.00 Eden Community Center 7,344 Square feet 10 0 6,651 kWh 8,299 Cubic Meter 16,328.41 12.91 0.00 Vienna Community Center 6,800 Square feet 20 0 67,253 kWh 742 Cubic Meter 7,860.88 11.05 0.00 Bayham Community Center 8,000 Square feet 20 0 108,151 kWh 5,073 Cubic Meter 19,978.35 20.26 0.00 Edison Museum Vienna 1,392 Square feet 20 0 9,988 kWh 2,695 Cubic Meter 6,054.49 27.75 0.00 Port Burwell Lighthouse 400_Square feet 20 0 2,783 kWh 0 Cubic Meter 267.28 6.96 0.00 Port Burwell Library 1,900 Square feet 15 0 8,702 kWh 1,460 Cubic Meter 3,595.68 12.75 0.00 Straffordville Library 2,100 Square feet 34 0 21,689 kWh 806 Cubic Meter 3,606.29 14.41 0.00 Port Burwell Beach Washrooms 450 Square feet_ 35 0 9,888 kWh 0 Cubic Meter 949.64 21.97 0.00 Vienna Library 2,000 Square feet 1 0 6,814 kWh 0 Cubic Meter 654.42 3.41 0.00 Interpretive Centre 800_Square feet 20 0 2,333 kWh 0 Cubic Meter 224.06 2.92 0.00 Port Burwell Marine Museum 2,900 Square feet 20 0 7,910 kWh 3,613 Cubic Meter 7,590.89 15.97 0.00 Port Burwell OPP 1,350 Square feet 1 0 152 kWh 0 Cubic Meter 14.60 0.11 0.00 Straffordville Garage 13,300 Square feet_ 40 0 36,360 kWh 13,319 Cubic Meter 28,672.90 13.38 0.00 Port Burwell Public Works 1,500 Square feet 5 0 5,002 kWh 3,035 Cubic Meter 6,218.07 24.84 0.00 Richmond Road Pump 0 168 10813 66,399 kWh 0 Cubic Meter 6,376.96 0.00 6.14 Sewer Plant 0 40 223516 543,401 kWh 0 Cubic Meter 52,188.23 0.00 2.43 Pumping Station#1 0 168 24749 28,894 kWh 1,358 Cubic Meter 5,342.45 0.00 1.75 Pumping Station#2 0 _ 168 64638 19,941 kWh 0 Cubic Meter 1,915.13 0.00 0.31 Pumping Station#3 0 168 9696 3,328 kWh 0 Cubic Meter 319.62 0.00 0.34 Pumping Station #4 0 168 1616 1,201 kWh 0 Cubic Meter 115.34 0.00 0.74 Pumping Station#5 0 168 105546 38,035 kWh 0 Cubic Meter 3,652.88 0.00 0.36 Pumping Station#6 0 168 147938 63,424 kWh 0 Cubic Meter 6,091.24 0.00 0.43 Pumping Station#7 0 _ 168 6046 3,208 kWh 0 Cubic Meter 308.10 0.00 0.53 Pumping Station#8 0 168 43835 7,766 kWh 0 Cubic Meter 745.85 0.00 0.18 Centre St- booster pump 0 168 65 5,296 kWh 0 Cubic Meter 508.63 0.00 81.48 Port Burwell Fire Station 3,900 Square feet 1 0 5,224 kWh 3,936 Cubic Meter 7,943.41 12.07 0.00 TOTAL 1,149,740 54,352 213,180.10 8.44 3.38 Municipality of Bayham - Conservation & Demand Management Plan 2013 Total Avg Annual Flow Electricity __ Natural Gas Emissions Intensity Energy Intensity Operation Name Floor Areas Unit hrs/wk (Mega Litres) Quantity Unit Quantity Unit (Kg) (ekWh/sgft) (ekWh/Mega Litre) Bayham Community Center 8,000.00 Square feet 20 0.00000 155,040.00000 kWh 8,692.00000 Cubic Meter 28,218.23036 30.92708 0.00000 Bayham Fire Station 3,900.00 Square feet 40 0.00000 53,978.00000 kWh 8,248.50000 Cubic Meter 19,697.81255 36.31826 0.00000 Centre St-booster pump 0.00 168 1.00000 4,293.00000 kWh 326.31952 0.00000 4,293.00000 Eden Community Center 7,344.00 Square feet 10 0.00000 8,444.00000 kWh 9,558.80000 Cubic Meter 18,713.97070 14.98268 0.00000 Edison Museum Vienna 1,392.00 Square feet 20 0.00000 105,272.00000 kWh 3,220.20000 Cubic Meter 14,090.13233 100.21233 0.00000 Interpretive Centre 800.00 Square feet 20 0.00000 847.00000 kWh 64.38216 1.05875 0.00000 Municipal Office 4,440.00 Square feet 40 0.00000 31,286.00000 kWh 5,235.90000 Cubic Meter 12,277.24534 19.57927 0.00000 Port Burwell Beach Washrooms 450.00 Square feet 35 0.00000 7,439.00000 kWh 565.45327 16.53111 0.00000 Port Burwell Fire Station 3,900.00 Square feet 1 0.00000 102,519.00000 kWh 1,810.90000 Cubic Meter 11,216.41066 31.22175 0.00000 Port Burwell Library 1,900.00 Square feet 15 0.00000 8,306.00000 kWh 1,883.80000 Cubic Meter 4,192.91881 14.90874 0.00000 Port Burwell Lighthouse 400.00 Square feet 20 0.00000 2,256.00000 kWh 171.48307 5.64000 0.00000 Port Burwell Marine Museum 2,900.00 Square feet 20 0.00000 8,219.00000 kWh 4,278.70000 Cubic Meter 8,714.16837 18.51451 0.00000 Port Burwell OPP 1,350.00 Square feet 1 0.00000 100,018.00000 kWh 7,602.56822 74.08741 0.00000 Port Burwell Public Works 1,500.00 Square feet 5 0.00000 5,883.00000 kWh 4,489.30000 Cubic Meter 8,934.77039 35.72952 0.00000 Pumping Station #4 0.00 168 1.00000 1,073.00000 kWh _ 81.56088 0.00000 1,073.00000 Pumping Station#1 0.00 168 28.08600 35,400.00000 kWh 367.50000 Cubic Meter 3,385.63022 0.00000 1,399.47689 Pumping Station#2 0.00 168 1.00000 18,076.00000 kWh 97.20000 Cubic Meter 1,557.76186 0.00000 19,109.01992 Pumping Station#3 0.00 168 1.00000 3,285.00000 kWh 249.69942 0.00000 3,285.00000 Pumping Station#5 0.00 168 51.45500 49,620.00000 kWh 267.00000 Cubic Meter 4,276.51285 0.00000 1,019.48531 Pumping Station#6 0.00 168 1.00000 70,440.00000 kWh 301.30000 Cubic Meter 5,923.93120 0.00000 73,642.14921 Pumping Station#7 0.00 168 1.00000 5,150.00000 kWh 391.46180 0.00000 5,150.00000 Pumping Station#8 0.00 168 1.00000 8,990.00000 kWh _ 683.34788 0.00000 8,990.00000 Richmond Road Pump 0.00 168 10.50400 21,489.00000 kWh 1,633.42187 0.00000 2,045.79208 Sewer Plant 0.00 40 249.25700 237,242.00000 kWh 18,033.23890 0.00000 951.79674 Staffordville Fire Hall 6,068.00 Square feet 10 0.00000 26,321.00000 kWh 9,045.80000 Cubic Meter 19,102.94557 20.18091 0.00000 Straffordville Garage 13,300.00 Square feet 40 0.00000 44,940.00000 kWh 20,017.60000 Cubic Meter 41,261.79432 19.37463 _ 0.00000 Straffordville Library 2,100.00 Square feet 34 0.00000 20,362.00000 kWh 1,196.20000 Cubic Meter 3,809.32436 15.74997 0.00000 Vienna Community Center 6,800.00 Square feet 20 0.00000 69,604.00000 kWh 704.70000 Cubic Meter 6,623.06409 11.337261 0.00000 TOTAL 1,205,792.00000 79,415.40000 241,799.56096 466.35419 120,958.72015 Municipality of Bayham - Conservation & Demand Management Plan 2014 Floor Avg Annual Flow Electricity Natural Gas GHG Emissions Energy Intensity Energy Intensity Operation Name Area = Unit Hrs/Wk_ (Mega Litres)_ Quantity Unit Quantity Unit (Kg) (ekWh/sgft) (ekWh/Mega Litre) Bayham Community Center 8,000 Square feet 20 0.00 82800.00 kWh 6,923.50 Cubic Meter 19,383.55 19.55 0.00 Bayham Fire Station 3,900 Square feet 40 0.00 44012.00 kWh 9,455.70 Cubic Meter 1,222.64 37.05 0.00 Centre St-booster pump 0 168 0.89 3637.00 kWh 276.46 0.00 4,081.93 Eden Community Center 7,344 Square feet 10 0.00 9254.00 kWh 10,031.45 Cubic Meter 19,669.15 15.78 0.00 Edison Museum Vienna 1,392 Square feet 20 0.00 4242.00 kWh 2,751.30 Cubic Meter_ 5,524.12 24.05 0.00 Interpretive Centre 800 Square feet 20 0.00 191.00 kWh 14.52 0.24 0.00 Municipal Office 4,440 Square feet 40 0.00 39314.00 kWh 6,319.70 Cubic Meter 14,936.53 23.98 0.00 Port Burwell Beach Washrooms 450 Square feet 35 0.00 2586.00 kWh 196.57 5.75 0.00 Port Burwell Fire Station 3,900 Square feet 1 0.00 228.00 kWh 2.80 Cubic Meter 22.62 0.07 0.00 Port Burwell Library 1,900 Square feet 15 0.00 7585.00 kWh 2,085.90 Cubic Meter 4,520.21 15.66 0.00 Port Burwell Lighthouse 400 Square feet 20 0.00 1232.00 kWh 93.65 3.08 0.00 Port Burwell Marine Museum 2,900 Square feet 20 0.00 6551.00 kWh 4,977.60 Cubic Meter 9,908.74 20.50 0.00 Port Burwell OPP 1,350 Square feet 1 0.00 30.00 kWh ill2.28 0.02 0.00 Port Burwell Public Works 1,500 Square feet 5 0.00 5324.00 kWh 4,986.10 Cubic Meter 9,831.54 38.88 0.00 Pumping Station #4 0 168 1.55 1139.00 kWh 86.58 0.00 736.74 Pumping Station#1 0 168 27.12 25260.00 kWh 75.60 Cubic Meter 2,062.99 0.00 961.08 Pumping Station#2 0 168 61.85 17662.00 kWh 153.70 Cubic Meter 4 1,633.11 0.00 311.99 Pumping Station#3 0 168 9.28 3069.00 kWh 233.28 0.00 330.82 Pumping Station#5 0 168 104.43 40140.00 kWh 194.70 Cubic Meter 3,419.23 0.00 404.20 Pumping Station#6 0 168 153.21 26640.00 kWh 502.90 Cubic Meter 2,975.76 0.00 208.77 Pumping Station#7 0 168 10.45 3554.00 kWh 270.15 0.00 339.97 Pumping Station#8 0 168 69691.00 5610.00 kWh 426.43 0.00 0.08 Richmond Road Pump 0 168 10.99 26577.00 kWh 2,020.17 0.00 2,419.39 Sewer Plant 0 40 230.64 503861.00 kWh 8,299.48 0.00 2,184.60 Staffordville Fire Hall 6,068 Square feet 10 0.00 25754.00 kWh 11,600.80 Cubic Meter 23,890.40 24.56 0.00 Straffordville Garage 13,300 Square feet 40 0.00 43882.00 kWh 22,746.60 Cubic Meter 6,340.89 21.48 0.00 Straffordville Library 2,100 Square feet 34 0.00 18849.00 kWh 1,356.00 Cubic Meter 3,996.44 15.84 0.00 Vienna Community Center 6,800 Square feet 40 0.00 71149.00 kWh 665.50 Cubic Meter 6,666.39 11.50 0.00 TOTAL 70,301.40 1,020,132.00 84,829.85 237,923.88 277.98 11,979.56 Municipality of Bayham-Conservation&Demand Management Plan 2015 Annual Energy Energy Total Flow Intensity Intensity Floor Avg (Mega Electricity Natural Gas GHG Emissions (ekWh/sqf (ekWh/Mega (Kg) t) Litre) Straffordville Community Center 8,000.00 Square feet 20 0.00000 57,348.00000 kWh 4,918.60000 Cubic Meter 11,593.78879 13.70272 0.00000 Straffordville Fire Station 3,900.00 Square feet 40 0.00000 41,581.00000 kWh 8,113.80000 Cubic Meter 17,003.86674 32.77248 0.00000 Centre St-Booster Pump 0.00 168 1.00000 1,402.00000 kWh 56.09542 0.00000 1,402.00000 Eden Community Center 7,344.00 Square feet 10 0.00000 9,524.00000 kWh 8,552.17000 Cubic Meter 16,550.02827 13.67301 0.00000 Edison Museum Vienna 1,392.00 Square feet 20 0.00000 1,923.00000 kWh 3,152.70000 Cubic Meter 6,037.52090 25.45201 0.00000 Municipal Office 4,440.00 Square feet 40 0.00000 28,465.00000 kWh 4,907.20000 Cubic Meter 10,416.59793 18.15712 0.00000 Port Burwell Beach Washrooms 450.00 Square feet 35 0.00000 1,294.00000 kWh 51.77423 2.87556 0.00000 Port Burwell Fire Station 3,900.00 Square feet 1 0.00000 159.00000 kWh 6.36175 0.04077 0.00000 Port Burwell Library 1,900.00 Square feet 15 0.00000 7,739.00000 kWh 2,015.09000 Cubic Meter 4,119.42869 15.34470 0.00000 Port Burwell Lighthouse 400.00 Square feet 20 0.00000 1,947.00000 kWh 77.90142 4.86750 0.00000 Port Burwell Marine Museum 2,900.00 Square feet 20 0.00000 7,077.00000 kWh 283.15785 2.44034 0.00000 Port Burwell Public Works 1,500.00 Square feet 5 0.00000 3,729.00000 kWh 5,410.10000 Cubic Meter 10,377.68215 40.81756 0.00000 Pumping Station #4 0.00 168 1.45900 1,208.00000 kWh 48.33329 0.00000 827.96436 Pumping Station#1 0.00 168 22.90600 22,860.00000 kWh 44.90400 Cubic Meter 999.54817 0.00000 1,018.82606 Pumping Station#2 0.00 168 58.37600 16,774.00000 kWh 46.90000 Cubic Meter 759.81492 0.00000 295.88260 Pumping Station#3 0.00 168 8.75600 3,027.00000 kWh 121.11330 0.00000 345.70580 Pumping Station#5 0.00 168 95.87600 42,840.00000 kWh 75.30000 Cubic Meter 1,856.43545 0.00000 455.17410 Pumping Station#6 0.00 168 137.93400 54,240.00000 kWh 185.40000 Cubic Meter 2,520.71889 0.00000 407.51656 Pumping Station#7 0.00 168 8.95700 2,780.00000 kWh 111.23058 0.00000 310.37178 Pumping Station#8 0.00 168 59.71400 7,050.00000 kWh 282.07755 0.00000 118.06277 Richmond Road Pump 0.00 168 10.56900 26,296.00000 kWh 1,081.00000 Cubic Meter 3,095.89704 0.00000 3,575.04276 SCC Food Booth 1,000.00 Square feet 10 0.00000 55.00000 kWh 2.20061 0.05500 0.00000 Sewer Plant 0.00 40 204.30300 478,800.00000 kWh 19,157.26680 0.00000 2,343.57792 Staffordville Fire Hall 6,068.00 Square feet 10 0.00000 26,216.00000 kWh 10,685.60000 Cubic Meter 21,251.41225 23.03563 0.00000 Straffordville Garage 13,300.00 Square feet 40 0.00000 38,669.00000 kWh 20,739.00000 Cubic Meter 40,756.89871 19.47958 0.00000 Straffordville Library 2,100.00 Square feet 34 0.00000 18,160.00000 kWh 1,238.20000 Cubic Meter __,, 3,067.57411 14.91396 0.0000 Vienna Community Center 6,800.00 Square feet 40 0.00000 59,844.00000 kWh 699.20000 Cubic Meter Total 609.85000 961,007.00000 kWh 71,865.16400 Cubic Meter 174,321.07049 237.52130 11,100.12471 Bayham Conservation & Demand Management Plan 2016 Annual Energy Flow Electricity Natural Gas Energy Intensity (Mega GHG Emissions Intensity (ekWh/Mega Operation Name I Litres) Quantity Unit i Quantity I Unit (Kg) (ekWh/sqft) Litre) Straffordville Community Center 0.00000 39,007.00000 kWh 7,122.60000 Cubic Meter 15,047.83571 14.33805 0.00000 Port Burwell Fire Station 0.00000 47,640.00000 kWh 8,019.40000 Cubic Meter 17,093.40088 34.06882 0.00000 Centre St- Booster Pump 0.95000 3,590.00000 kWh 145.56732 0.00000 3,778.94737 Eden Community Center 0.00000 4,208.00000 kWh 7,086.80000 Cubic Meter 13,569.12141 10.82856 0.00000 Edison Museum Vienna 0.00000 1,541.00000 kWh 2,041.10000 Cubic Meter 3,921.44324 16.69063 0.00000 Municipal Office 0.00000 25,205.00000 kWh 4,859.60000 Cubic Meter 10,209.70331 17.30895 0.00000 Port Burwell Beach Washrooms 0.00000 6,676.00000 kWh 270.69845 14.83556 0.00000 Port Burwell Library 0.00000 8,074.00000 kWh 1,709.80000 Cubic Meter 3,559.97860 13.81335 0.00000 Port Burwell Lighthouse 0.00000 1,772.00000 kWh 71.85106 4.43000 0.00000 Port Burwell Marine Museum 0.00000 6,783.00000 kWh 275.03708 2.33897 0.00000 Port Burwell Public Works 0.00000 4,500.00000 kWh 3,851.80000 Cubic Meter 7,464.78308 30.29071 0.00000 Pumping Station #4 1.45200 1,327.00000 kWh 53.80720 0.00000 913.91185 Pumping Station #1 25.99700 23,336.00000 kWh 84.19700 Cubic Meter 1,105.41325 0.00000 932.06243 Pumping Station #2 58.08300 17,665.00000 kWh 182.10000 Cubic Meter _ 1,060.56360 0.00000 337.45361 Pumping Station #3 8.71200 2,924.00000 kWh 118.56235 0.00000 335.62902 Pumping Station #5 98.60100 29,397.00000 kWh 367.60000 Cubic Meter _1,886.98404 0.00000 337.76301 Pumping Station #6 143.87600 46,680.00000 kWh 351.90000 Cubic Meter 2,558.09228 0.00000 350.44006 Pumping Station #7 9.83400 2,810.00000 kWh 113.93988 0.00000 285.74334 Pumping Station #8 65.56200 7,710.00000 kWh 312.62508 0.00000 117.59861 Richmond Road Pumphouse 10.48700 25,688.00000 kWh 1,139.90000 Cubic Meter 3,196.72274 0.00000 3,604.71088 SCC Food Booth 0.00000 382.00000 kWh 15.48934 0.38200 0.00000 WWT Plant 216.72300 425,040.00000 kWh 17,234.52192 0.00000 1,961.21316 Staffordville Fire Hall 0.00000 22,102.00000 kWh 7,889.10000 Cubic Meter 15,811.53736 17.45972 0.00000 Public Works Garage 0.00000 33,366.00000 kWh 17,771.60000 Cubic Meter 34,952.39136 16.70967 0.00000 Straffordville Library 0.00000 18,021.00000 kWh 1,089.30000 Cubic Meter 2,790.17550 14.09421 0.00000 Vienna Community Center 0.00000 61,007.00000 kWh 774.20000 Cubic Meter 3,937.43526 10.18162 0.00000 Total 640.27700 866,451.00000 kWh 64,340.99700 Cubic Meter 156,777.68128 217.77082 12,955.47334 INXICH.44,1 f ► REPORT o icy CAO �pul'tunity IS���► TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: February 15, 2018 REPORT: CAO-20/18 SUBJECT: COMMUNITY BASED STRATEGIC PLAN BACKGROUND The 2018 Municipality of Bayham Capital Budget includes Capital Item GG-2 — Community Based Strategic Plan - $30,000. $15,000 is from reserves, $15,000 was intended to come from the Rural Economic Development (RED) program. The Municipality has made two applications to two intakes of the RED program utilizing a small rural lens and has been unsuccessful in both attempts. DISCUSSION The Municipality has recently completed the following reports which are relevant to community planning: 1) Municipality of Bayham Asset Management Plan 2) Municipality of Bayham Ontario Regulation 453/07 Water Financial Plan 3) Municipality of Bayham Roads Need Study 4) Municipality of Bayham Bridge and Culvert Study 5) Municipality of Bayham Facility Audit 6) Municipality of Bayham Storm Sewer Assessment 7) Port Burwell Waterfront Master Plan 8) Economic Development Opportunities & Initiatives Plan 9) Ten (10) Year Capital Plan 10)Municipality of Bayham Official Plan (in progress) 11)Municipal Energy Plan (in progress) Further, the Municipality has historically completed the following plans: 1) 2008-2013 Strategic Plan 2) 2005 Bayham Culture Plan Looking beyond solely Municipality of Bayham plans, the Municipality is also a partner in the following plans from the Elgin-St. Thomas Public Health: 1) 2010 Mapping Opportunities for Physical Activity and Healthy Eating in Elgin St. Thomas 2) 2017 Living Wage St. Thomas-Elgin 3) An Environmental Scan of Rural Poverty in Elgin County 4) Community Profile: Elgin-Oxford 5) Community Social Report 6) Community Wellbeing Survey 7) Cycling Master Plan 8) Elgin St. Thomas Active Transportation Initiative 9) Elgin St. Thomas Labour Force Development Strategy 10)Housing and Homelessness Needs Assessment for St. Thomas and Elgin County 11)Pathways to Prosperity 12)Responding to Youth Homelessness in St. Thomas and Elgin County 13)Settlement Strategy 14)Social and Economic Inclusion Initiative 15)St. Thomas and Elgin County Study on Homelessness 16)System Mapping Report—Access to Affordable Recreation 17)System Mapping Report—Access to Affordable Transportation 18)System Mapping Report— Food Insecurity & Food Access Issues 19)Women's Economic Security - Elgin St. Thomas Community Recognizing the importance of a forward looking, medium to long term, Community Based Strategic Plan, with the backdrop of lack of available funding, staff approached IBI Group regarding a proposal to utilize the above noted documents as a basis for a Community Based Strategic Plan. Attached hereto as Appendix `A' is a proposed scope of work and budget for a modified Community Based Strategic Plan from IBI Group. The approach proposed by staff and IBI Group would produce a visually appealing, community informed Strategic Plan that ties together the research, themes and goals of existing documentation. Further, the Strategic Plan would serve as a useful tool in future grant applications. Lastly, in the respectful opinion of staff, the timing of the project provides the best opportunity for a truly informed final product. The community will be engaged. The current Council will be able to contribute significant knowledge and experience. Through community engagement the prospective 2018-2022 candidates for Council will be able to take part in the process and the plan would ultimately be approved by the 2018-2022 term of Council. RECOMMENDATION 1. THAT Report CAO-20/18 re Community Based Strategic Plan be received for information; 2. AND THAT Council direct staff to engage IBI Group to complete a Community Based Strategic Plan pursuant to Report CAO 20/18. Respectfully Submitted by: Paul Shipway CAOICIerk INFRASTRUCTURE 1 1 �p,YHA IB p I05:44,0"2411!. f+.rl unity 1+�. Proposal Click here to enter text Municipality of Bayham Community-Based Strategic Plan Moving Forward — Work, Live and Play Submitted to Municipality of Bayham by IBI Group February 8,2018 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham 1 Introduction The Municipality of Bayham is located in Elgin County, southwestern Ontario between the Township of Malahide and Norfolk County along the Lake Erie shoreline. In 2016, Canada Census recorded a population of 7,396 residents. The Municipality consists of three villages Straffordville, Vienna and Port Burwell and five rural communities: Calton, Corinth, Eden, North Hall, and Richmond surrounded by farmland and natural heritage features. The Municipality's economic strength is its agriculture, tourism, natural heritage areas and Lake Erie waterfront. The Municipality is initiating a Community-Based Strategic Plan. A Plan that will inventory the Municipality's economy, the community, and the environment to set obtainable and measurable objectives that will shape the Municipality over the next twenty years. Setting a Vision that all its residents, business owners and community leaders can work towards together. 2 Proposed Work Program The following material profiles a proposed work program to complete the Strategic Plan. It is based on experience with other strategic planning processes. It incorporates an Environmental Scan, followed by the development of the Strategic Plan through a workshop approach. The following work program is a proposal at this time. It would be further developed and finalized with the CAO and Council as needed. PHASE I - ENVIRONMENTAL SCAN This phase is dedicated to bringing together appropriate information, data, trends, stakeholder consultation input and other perspectives that would be an important resource in developing the comments board Strategic Plan for the Municipality of Bayham. TASK 1-1: Project Initiation Meeting The Steering Committee and the consultants would meet to launch the strategic planning process. The following items represent some of the items that would be involved with this initial meeting: • Finalization of any required formal documentation; • Review of project goals and outcomes; • Review, and further development and finalization of the work program; • Identification of the key stakeholders, the consultation strategies and their logistical organization; • Transfer of key materials, statistics, policies and other relevant materials, including previous Strategic Plans; • Identification of the key project contacts, timelines, meeting dates, etc.; • Discussion of any required communications strategies; • Other points of discussion important to the successful completion of this project. February 8,2018 1 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham TASK 1-2: Documents Review-April /May 2018 The consultants will review all relevant documents provided by the Municipality and prepare a summary as part of the Environmental Scan. This will include but is not limited to the following: • Asset Management Plan and Ontario Regulation 588/17 • Official Plan • Economic Opportunities and Initiatives Plan • Port Burwell Waterfront Master Plan • Municipal Energy Plan • 10 Year Capital Budget The purpose of the documents review will be to identify, document and evaluate relevant information and strategies from these sources that will have implications for the Strategic Plan. Building on the policy framework developed in the Municipality's Official Plan, the Strategic Plan will articulate more detailed objectives, strategies and action items to achieve the desired outcomes. The Plan may include policy recommendations for consideration to be incorporated into the Official Plan, such as economic and sustainable growth. Strategic alignment with the Official Plan will be built into the Strategic Plan through reviewing the vision and mission statements, goals and principles when preparing the Strategic Plan. In addition to ensuring strategic alignment between the Strategic Plan and the Municipality's related plans and strategies. TASK 1-3—Demographic Assessment- April / May 2018 The consultants will undertake a demographic assessment of the Municipality's current and future population based on census data; forecasts generated by the Municipality and the County; local, regional and provincial trends; building permit data; and other available information. Key demographic factors will involve population size and growth, age and gender, ethnicity profiles; and other characteristics that could influence sustainable growth, environmental protection, active and healthy living. The key findings and trends will be documented and assessed. TASK 1-4: Stakeholder Consultation A series of stakeholder consultations will be completed, using focus groups, and an online community survey. Focus Groups-June 2018 Potentially one focus group has been identified in the project fee and would be completed in one day. The number of sessions could be expanded. Focus groups typically involve eight to twelve individuals who have a common or peer-based relationship, but could be smaller depending on the group. Examples of possible groups are below. The final alignment would be based on a discussion with the CAO and staff: • Business Owners/Developers • Tourism • Agriculture Industry • Residents—young adults, mature adults, families • Municipal staff • Municipal Council February 8,2018 2 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham Survey—June 2018 An online and hard copy using survey monkey using a link via the Municipality's website and distribution through various facilities, one Open House meeting will be held. The objective of the community survey will be to obtain input that captures general public opinion on specific topic areas, community priorities and evaluate levels of public support for various potential investment directions. The specific details of the survey technique(s)to be used and methods of generating public awareness through a range of traditional and online/social media, and ways to maximize participation in the survey will be discussed with the Municipality. Recognizing the lack of time in many people's daily schedules, we will design the survey to ensure convenient response requiring minimal time and to target specific areas of interest such that there is no repetition in the questions posed to which the respondent may not have interest or knowledge. This will allow respondents to identify the specific topics that are of greatest interest and target their efforts to responding to those topic areas. The confidentiality of all personal information will be maintained at all times in accordance with the Municipal Information Protection and Privacy Act. The consultants will provide suggested wording and format of the survey while the Municipality will be expected to arrange survey distribution and/or electronic posting. The consultants will tabulate and analyze the data generated from the survey. TASK 1-5: Trends The Consultant will identify and discuss a series of societal, sector and community trends that are currently or in the future could influence the operations and work of the Municipality. These involve major demographic shifts in terms of aging and the changing cultural face of Canada; the use and application of technology; and other strategic perspectives. TASK 1-6: Draft Environmental Scan Report—July 2018 The Consultant will prepare a draft Environmental Scan Report that will document all the information developed from Task 1-1 to 1-6. This will include all the consultation input, data analysis, trends and related perspectives. From this material, the Consultant will develop a report section that will identify a series of observations and conclusions. This will then be followed by the development of a set of strategic themes that emerge from the research and provide focused perspectives as to the key strategic considerations, both opportunities and challenges, which may lie before the Municipality for 2018 to 2038 period. The draft Environmental Scan Report will be circulated to Steering Committee members prior to a meeting for review, amendments and finalization. Once the draft is accepted by the Steering Committee, it would be circulated to the Strategic Plan Workshop participants. February 8,2018 3 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham PHASE II - DRAFT STRATEGIC PLAN DEVELOPMENT This phase focuses on developing the first draft of the Municipality of Bayham's Strategic Plan. It could be undertaken via strategic planning workshop. TASK 2-1: Strategic Planning Workshop—July 2018 The following tentative agenda is identified for consideration by the Steering Committee for the Strategic Planning Workshop. The final agenda would be developed in discussions with the Steering Committee. • A presentation and discussion on the Environmental Scan's trends, conclusions and strategic themes; • Development of a collective strengths, weaknesses, opportunities and threats assessment which will form part of the appendix to the Strategic Plan; • A review of the key philosophical elements of the Strategic Plan involving the Vision, Mission and Principles/Values; • Development of the next generation Strategic Directions/ Priorities for the 2018 to 2023 period; • Identification of next steps. The Consultant will facilitate the session, undertake any presentations and ensure the adequate taking of all notes and materials necessary to support the development of a draft Strategic Plan. TASK 2-2: First Draft of the Strategic Plan -August 2018 Based on the results of the workshop, the Consultant will prepare the first draft of a Strategic Plan. It will be circulated it to the Steering Committee members for review, comment and direction and posted to the municipal website to be evaluated through the on-line survey. PHASE III - PROJECT FINALIZATION This phase of the process is designed to bring the development of the Strategic Plan to finalization and ready for the development of an Implementation Plan. TASK 3-1: Steering Committee Review The Steering Committee and the Consultant will connect to review the first draft of the Strategic Plan. The draft Plan will be further developed based on direction from the Steering Committee. It may be also possible that the Steering Committee would want a broader review of the draft by other stakeholders before finalizing the Strategic Plan for Board consideration. Such a strategy can be discussed and implemented at that time. The Consultant will take all the input and perspectives offered by the Steering Committee and any further review processes, and develop the next draft of the Strategic Plan. This draft will be circulated to the Steering Committee for any last comments or perspectives that may be appropriate in amending the document before Council consideration. The Strategic Plan document will have an implementation section which will provide an outline of how to proceed with implementation planning; implementation template charts to support the development of an Implementation Plan; and an ongoing review process for the Strategic Plan over a five to twenty year period. February 8,2018 4 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham TASK 3-2 Draft Strategic Plan Development Based on the final reviews, the Consultant will prepare a draft Strategic Plan that will be presented to the steering committee of the CAO and Council for consideration. TASK 3-3: Council Presentation and Approval - December 2018 The Consultant present the Strategic Plan to Council for their deliberation and approval. Any amendments or changes that emerge from the Council presentation will be incorporated, by the Consultant in a final draft, as directed by the Steering Committee. TASK 3-4: Final Documents The Consultant will provide a digital version of the final documents to the Municipality. The document will be visually attractive, reflecting key elements of the community. It will be accessible to all residents. The final documents will include: • Environmental Scan • Strategic Plan • 1 or 2 page highlights version for stakeholder and public engagement TASK 3-5: Action Plan Once the Strategic Plan is approved by Council, the consultant could meet with management representatives of the Municipality to complete the Action Plan template charts. At this time, this task is not incorporated into the project fee as it may not be necessary. Action Themes to incorporate: • Sustainability • Energy Plan • Community Improvement 3 PROJECT SCHEDULE AND COSTING 3.1 Project Schedule The following project schedule is provided and will be finalized with the Steering Committee: • Project initiation and work program finalization March 2018 • Environmental Scan Report July 2018 • Draft Strategic Plan July 2018 • Online Survey August 2018 • Project Finalization December 2018 3.2 Project Costing The following project costing is identified based on the work program outlined in this proposal. The costs are inclusive of all Consultant and secretarial time and travel. The Municipality of Bayham will be responsible for logistical requirements associated with meeting spaces, hospitality, etc.; document circulation; and the sourcing of focus groups. February 8,2018 5 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham Table 1 ENVIRONMENTAL STRATEGIC PLAN FINALIZATION TOTAL Project Cost Rate/ SCAN DEVELOPMENT Hour Hours $ $ Hours $ Hours Total($) William Pol 150 30 4,500.00 15 2,250.00 15 2,250.00 60 9,000.00 Secretarial/Technical 84 32 2,688.00 12 1,008.00 15 1,260.00 59 4,956.00 Disbursements/Travel 100.00 100.00 100.00 300.00 Subtotal 7,188.00 3,258.00 3,510.00 119 13,956.00 HST @ 13% 1,814.28 Total 15,770.28 It is the practice of the firm to invoice monthly for only work completed with no markup on disbursements. The firm does not charge for printing, communications or other similar costs, only for travel expenses. 4 Study Team The IBI Group London Office maintains a complement of Engineers, Planners, CADD Technologists, GIS Technicians and Field Staff on a full time basis. The London Team has the required experience, expertise, project management skills, and local knowledge to ensure the successful completion of this assignment. The following individuals will undertake all the tasks outlined in the work plan above. Joseph Heyninck, P.Eng., Director Office Lead Mr. Heyninck has over forty years of experience in the civil consulting field in southwestern Ontario. Mr. Heyninck has completed numerous Environmental Assessments for the City of London and is very familiar with the process, similar to this undertaking. As Office Lead, he has corporate responsibility and will make decisions related to project finances, legal issues, and compliance with quality assurance procedures. William Pol MPA, MCIP, RPP, Affiliate Mr. Pol has more than thirty years of professional experience in southwestern Ontario. He currently holds the position of Affiliate Senior Planner, IBI Group and is a Professor in the GIS and Urban Planning Program at Fanshawe College London. He was formerly an Associate with IBI Group in London leading the Planning Group in municipal planning advisory services, preparation of official plans, community plans and projects, parks and recreation master plans, comprehensive zoning bylaws, planning amendments and draft plans of subdivision. He is directly involved in approvals under the Planning Act and the Environmental Assessment Act. He has given expert testimony for Ontario Municipal Board hearings on complex municipal and private issues. He was formerly a Municipal/Planning Advisor with the Ministry of Municipal Affairs and Housing and Senior Planner at the City of London. Mr. Pol has worked with the Municipality of Bayham for over fourteen years. He has extensive knowledge of the Municipality's Official Plan and Zoning By-Law, he has been involved in many projects including: the Erie Shoreline Wind Farm, the Cultural Plan for Bayham, and currently is involved with the Energy Plan. February 8,2018 6 IBI GROUP PROPOSAL MUNICIPALITY OF BAYHAM COMMUNITY-BASED STRATEGIC PLAN Submitted to Municipality of Bayham Mr. Pol will be the Project Manager for this assignment, he will oversee all aspects of the project and will be involved with the public consultation, documents review, preparation of the survey and all relevant documentation. Paul Riley, BA, CPT, Planner/GIS, Paul is a Planner and Certified Planning Technician involved in a variety of land development projects in land use planning, neighbourhood, site plan and conceptual design, and municipal infrastructure and asset management. He utilizes GIS and CAD collaboratively for various tasks including: spatial analysis, data manipulation, cartography, and creation and management of spatial data associated databases. Mr. Riley will be responsible for data analysis with respect to demographics, trends analysis, and the online survey results. He will also be responsible for Plan writing and graphic design. February 8,2018 7 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z672-2018 RODENBURG 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 "B", by deleting from the Hamlet Residential —holding (HR[h1/h4]) Zone and adding to the Hamlet Residential (HR) Zone those lands outlined in heavy solid lines and marked HR on Schedule "B" 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 AND SECOND TIME THIS 15th DAY OF FEBRUARY 2018. READ A THIRD TIME AND FINALLY PASSED THIS 15th DAY OF FEBRUARY 2018. MAYOR CLERK • HR This is Schedule"A"to By law No. Z672-2018, passed the day of 2018 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE B Legend CORINTH NORTH r-�� LPRCA Regulation Limit 0 37.5 75 150 ZONING BY-LAW 2456-2003 CONSOLIDATED MARCH 17,2017 ""°"°� THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-022 BEING A BY-LAW TO FURTHER AMEND BY-LAW 2016-059 A BY-LAW OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM TO ESTABLISH AND REQUIRE THE PAYMENT OF FEES FOR INFORMATION, SERVICES, ACTIVITIES AND USE OF MUNICIPAL PROPERTY AND TO REPEAL BY-LAW NUMBER 2014-125 AND ANY AND ALL AMENDMENTS WHEREAS the Council of the Municipality of Bayham on the 18th day of August, 2016 enacted By-Law 2016-059, being a by-law to establish and require the payment of fees for information, services, activities and use of municipal property; AND WHEREAS the Council of the Municipality of Bayham on the 18th day of January, 2018 did amend By-Law 2016-059 by By-Law 2018-013; AND WHEREAS the Council of the Municipality of Bayham deems it necessary to further amend By- Law 2016-059; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. SCHEDULE OF RATES AND FEES— Building Department be amended as follows: ITEM FEE Single Family Dwellings & $0.80 per sq ft Multiple Residential Per Unit plus $100 flat minimum fee $1,500 2 THAT in all other respects By-Law 2016-059 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 15th DAY OF FEBRUARY 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-023 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE CORPORATION OF THE MUNICIPALITY OF BAYHAM AND HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO AS REPRESENTED BY THE MINISTER OF THE ENVIRONMENT AND CLIMATE CHANGE REGARDING THE GREAT LAKES GUARDIAN COMMUNITY FUND — GRANT FUNDING AGREEMENT PORT BURWELL EAST BEACH BIO-SWALE WHEREAS the Municipality of Bayham is desirous of proceeding with the Port Buwell East Beach Bio-Swale Project; AND WHEREAS the Minister of the Environment and Climate Change has approved funding for such project under the Great Lakes Guardian Community Fund—Port Burwell East Beach Bio-Swale; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement attached hereto as Schedule "A" and forming part of this by-law between The Corporation of the Municipality of Bayham and Her Majesty the Queen in Right of Ontario as represented by the Minister of the Environment and Climate Change; 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 FEBRUARY 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-024 A BY-LAW TO AUTHORIZE THE EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN RUDOLPH AND NANCY THIESSEN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM WHEREAS Section 11 of the Municipal Act, 2001, R.S.O. 2001, c. 25 as amended provides that a lower tier municipality may pass by-laws respecting structures, including fences and signs; AND WHEREAS Section 45(9.1)of the Planning Act, R.S.O. 1990 c P.3 as amended provides in part that a Committee of Adjustment that imposes terms and conditions under subsection (9), may also require the owner of the land to enter into one or more agreements with the municipality dealing with some or all of the terms and conditions; AND WHEREAS Rudolph and Nancy Thiessen are the owners of lands in Concession 3 Part Lot 2, known municipally as 53580 Vienna Line, in the Municipality of Bayham, County of Elgin; AND WHEREAS the Municipality of Bayham Committee of Adjustment has granted the minor variance Application A-01/18, including the condition that the owners execute a development agreement for the supplementary farm dwelling as per policies of Section 2.1.10 the Official Plan; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICPALITY OF BAYHAM ENACTS AS FOLLOWS: 1. THAT the Mayor and Clerk be and are hereby authorized and directed to execute the Development Agreement with Rudolph and Nancy Thiessen affixed hereto and forming part of this By-law and marked as Schedule "A". READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF FEBRUARY 2018. MAYOR CLERK Development Agreement—Thiessen 1 SCHEDULE 'A' TO BY-LAW 2018-024 DEVELOPMENT AGREEMENT BETWEEN RUDOLPH AND NANCY THIESSEN AND THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR LANDS LOCATED AT 53580 Vienna Line, Concession 3 Lot 2 Municipality of Bayham, County of Elgin Development Agreement—Thiessen 2 THIS DEVELOPMENT AGREEMENT made in duplicate this 15th day of February 2018. BETWEEN: RUDLOPH AND NANCY THIESSEN Hereinafter called the "OWNER" OF THE FIRST PART -AND - THE CORPORATION OF THE MUNICIPALITY OF BAYHAM Hereinafter called the "MUNICIPALITY" OF THE SECOND PART WHEREAS the Owner is the owner in fee simple of the lands situate in the Municipality of Bayham, in the County of Elgin being Lot 2 Concession 3, more particularly described in Attachment "A" attached hereto (and hereafter referred to as the "Lands"); AND WHEREAS the Owner intends to locate one (1) additional supplementary farm dwelling (bunkhouse) in accordance with the Conceptual Site Plan attached hereto, as Attachment "B" (hereafter referred to as the "Plan") and Main Floor Plan attached hereto, as Attachment "B1"; AND WHEREAS the Municipality, as a condition of the location of the bunkhouse on the Lands requires the Owner to enter into a Development Agreement; NOW THEREFORE in consideration of other good and valuable consideration and the sum of Two Dollars ($2.00) of lawful money of Canada by each to the other paid (the receipt whereof is acknowledged by each), the Owner hereby covenants and agrees with the Municipality as follows: 1. The Owner agrees that the one(1) bunkhouse consisting of two separate units to house up to sixteen (16)seasonal farm labourers shall be located on the Lands in general accordance with the area identified on the attached Plan. 2. The Owner shall remove the bunkhouse from the property should it cease to be used for the purpose of housing supplementary farm labour for a period longer than two (2) calendar years after the existing bona fide cucumbers and asparagus cash crop farm operation has ceased and the Owner shall maintain the site in accordance with the By-laws of the Municipality of Bayham; Development Agreement—Thiessen 3 3. The Owner shall not permit the bunkhouse, deemed as a supplementary farm dwelling on the Lands, to be occupied by any persons between the period of December 1st and March 31St of any calendar year. 4. The Owner further agrees: a) To provide written confirmation from the authorizing agency, to the satisfaction of the Municipality, that there is sufficient on-site capacity for potable drinking water, and; b) To apply to the Municipality for the installation of a new septic system for the bunkhouse, and; c) That upon failure by the Owner to do any act identified herein,that the public safety or convenience requires, in accordance with this Agreement, upon seven (7) days written notice, the Municipality, in addition to any other remedy, may go in and do same at the Owner's expense, and collect the cost in like manner either as municipal taxes or from the Letter of Credit deposited as performance security, and; d) That nothing in this Agreement constitutes waiver of the owner's duty to comply with any by-law of the Municipality or any other law. 5. The Owner shall be responsible for consulting with and obtaining any and all necessary approvals from the Elgin St. Thomas Public Health. 6. The Owner shall satisfy all the requirements in relation to the fire protection for the building(s) in compliance with the Fire Code and to the satisfaction of the Municipality's Fire Chief. 7. The Municipality, through its servants, officers and agents, including its Chief Building Official and Fire Chief, may,from time to time, and at any time,enter on the premises of the Owner to inspect the mobile homes for the purposes of ensuring public health and safety, in specific regards to condition of the bunkhouses; fire protection; the provision of potable water; and the proper treatment and disposal of sewage. 8. In the event of any servant, officer or agent of the Municipality, upon inspection, be of the opinion that the state of maintenance is not satisfactory, such servant, officer or agent shall forthwith,forward notice of such opinion, by registered mail,to the Owner, at the last known address, and the Owner shall forthwith correct the deficiency or appeal to the Council of the Municipality of Bayham, as hereinafter provided. 9. In the event that the Owner should disagree with the opinion of the servant, officer or agent of the Municipality, as to the state of maintenance, such Owner shall appear before the Development Agreement—Thiessen 4 Council of the Municipality of Bayham, which after hearing the Owner, shall express its opinion as to whether the maintenance is satisfactory, by resolution,which shall constitute a final determination of the matter. 10. In the event that an Owner shall fail to correct a deviation or deficiency after notice or after notice of an opinion,which the Council of the Municipality of Bayham determines is correct, the Council of the Municipality of Bayham, may by by-law,direct, on default of the matter or thing being done by the Owner, after two (2) week's notice, to it by registered mail, at the last known address of the Owner, pursuant to the last revised assessment roll, at the expense of the Owner, which expense may be recoverable by action as municipal taxes. 11. This Agreement and the provisions thereof, do not give to the Owner or any person acquiring any interest in the said lands any rights against the Municipality with respect to the failure of the Owner to perform or fully perform any of its obligations under this Agreement or any negligence of the Owner in its performance of the said obligations. 12. The Owner agrees that it will not call into question, directly or indirectly in any proceeding whatsoever in law or in equity or before any administrative tribunal the right of the Municipality to enter into this Agreement and to enforce each and every term,covenant and condition herein contained and this Agreement may be pleaded as an estoppels against the Owner in any case. 13. The Owner agrees on behalf of themselves, their heirs, executors, administrators and assigns, to save harmless and indemnify the Municipality,from all losses, damages, costs, charges and expenses which may be claimed or recovered against the Municipality by any person or persons arising either directly or indirectly as a result of any action taken by the Owner, pursuant to this Agreement. 14. All facilities and matters required by this Agreement shall be provided and maintained by the Owner at its sole risk and expense to the satisfaction of the Municipality and in accordance with the standards determined by the Municipality and in default thereof,and without limiting other remedies available to the Municipality, the provisions of Section 326 of The Municipal Act, R.S.O. 1990, shall apply. 15. This Agreement shall be registered at the expense of the Owner, against the land to which it applies, and the Municipality shall be entitled, subject to the provisions of The Registry Act, to enforce its provisions against the Owner, named herein, and any and all subsequent Owners of the land. Development Agreement—Thiessen 5 IN WITNESS WHEREOF, the Parties hereto have hereupon, affixed their Corporate Seal, duly attested to by their authorized signing officers in that behalf. We have the authority to bind the Corporation. Witness (signature) Rudolph Thiessen, Owner Witness (signature) Nancy Thiessen, Owner THE CORPORATION OF THE MUNICIPALITY OF EAYHAI Paul Ens, MAYOR Paul Shipway, CAOICLERK Development Agreement—Thiessen 1 ATTACHMENT 'A' Roll # 3401-000-008-06500 Legal Description: Concession 3, Lot 2, Municipality of Bayham, County of Elgin Municipal Address: 53580 Vienna Line PIN # N k' OD %7 *AO 0 4 :i 0 ILL f J3C' 0 i } oulobver 0 '. ts,to SIC ,,,__ _____$11._.... 4 r A.09 .trot a. 7 I .O-,L=.b/L aIOS / o-f II ueldJ00�� U! .. .o-.e .i.au .vJ.et ./,9c .tr. / As I ■ �, r ,e • • I sl�vN/a6uaH can+l �I!BN+aueH xxrvy a0 aiy ssvl tH uosdw�S NM esum yc. y... olSVvm awvag M Vwod+aw sessrul ualee3 awwtu.:4=d8+aro r..',41 assrvl uelsvd yo7od paanop paanop a I os x.o.E .us'.o-s .S rZ-Z I xi-2 .5 txi2 p i of'Z z Ot'Z i�i OiO) = Mill �OiO - Irv/.e,/un!sp 1pu'.Pu!3 „.,,,,„,-„u".. w u u0uwv71ii pj m u/�lu d • (\�\f uay9tiiN uyoliNw! p e!3+e!nuwg vmaeauwp, !p.3+elnuwg pape,,.9 ✓ (Ola)uMelasul wevi N6�a.Z 10lµ1 ua11.0.!weoi VI&a S f walMrery X94 H wwYul wawea w il rvle In :2I 0.SB0o.00 aaO,..00. ry aurdY, !d axaawlamwea 4.,, 1'u!ry wwu!wenu3+!tl%9-a/m aJW OZ) '�.�r ± ,%I� I'ulw lgoo. uoo.%nod �w uZl ge15 elv++ua�yvnad.S U U \ qN5 al.44o°Damad.S Gawp/q)+aald{ros!u!3 Laamp Aq)AVH Degs!uId euo�uw3 wuao,o 0 woo ea as a 1 2J1 '� 1y wd�ottO woo ea Q 3 Uleg 4 -____A-- ,,,30,,E ra ©7xG B ! .0'S �! A'.9 -y'4 IIII B-d T .9-Z71 -- .9-.i .0..2 T .9..2 r. .9-6 I .9.6 , .%0-b y .%9-.ti .&b .9.6 1\ 6ugd+IvaVltlaM ylm+ 6uEd!+!v:.,,,,tollo,....\ ValeH aeltlOalMncul.9i rS2 41v.Ha!Otlpaleln .0i x8. B s� wB 2. n io+.1wowpagmompag �mwoapag m woapespagNwompagolxi'ZOlri-20100? x1 0Ot otx2'Z 6 A'.0 r.O.v A'.ExA-.v .U.EsA-.0 r-p,9 A-.E r.O'.V I I .E-.S .6b 1 Al.6 -� .Y.Ot -� At.6 .6.6 I I .0.0E x .0.0E .0-99 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-025 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD FEBRUARY 15, 2018 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 February 15, 2018 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 FEBRUARY, 2018. MAYOR CLERK