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November 15, 2018 - Council
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 15, 2018 7:00 p.m. 8:00 p.m. — Public Meeting Branch 'A' of the No.1 Drain 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS A. 7:05 p.m. —Arlyne Williams, Bayham Policing Committee President re Community Signage 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held November 1, 2018 B. Public Planning Meeting held November 1, 2018 re Dorothy Emerson C. Public Planning Meeting held November 1, 2018 re John Fehr 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Branch 'A' of the No.1 Drain 2018 Council Agenda November 15, 2018 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-62/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator re By-Law 2018-092 Official Plan Amendment No. 24 Emerson B. Report DS-64/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Eden Drain — Branches B and C 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. Municipality of Bayham Winter Control Operations B. Elgin County Land Division Call for Membership Applications C. St. Thomas and County of Elgin re Parent & Caregiver Survey D. Long Point Region Conservation Authority approved minutes of meeting held October 3, 2018 11.1.2 Requiring Action A. Ken Andrews request to build and maintain an outdoor ice-skating rink for the 2018 — 2019 winter season B. Southwestern Public Health re Smoke-free Ontario Act (SFOA), 2017 11.2 Reports to Council A. Report CAO-74/18 by Paul Shipway, CAO I Clerk re Post Municipal Election Accessibility Report B. Report CAO-75/18 by Paul Shipway, CAO I Clerk re Accessibility Plan Update — Status Report C. Report CAO-76/18 by Paul Shipway, CAO I Clerk re Agreement No. 0584— KDN Pavement Marking Ltd. 12. BY-LAWS A. By-Law No. 2018-092 Being a by-law to adopt Official Plan Amendment No. 24 regarding lands designated as "Open Space/Hazard Lands" being changed to "Residential" in the Municipality of Bayham Official Plan (This by-law follows the recommendation made in Report DS-62/18 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of November 15, 2018) 2018 Council Agenda November 15, 2018 B. By-Law No. 2018-093 Being a Provisional by-law to provide for Drainage Works in the Municipality of Bayham in the County of Elgin known as Branch 'A' of the No. 1 Drain (This by-law follows the recommendation in Report DS-63/18 by Bill Knifton, Chief Building Official I Drainage Superintendent during the Public Meeting of November 15, 2018) First and Second Reading Only C. By-Law No. 2018-095 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Underhill Trucking Ltd. (This by-law follows the recommendation made in Report CAO-70/18 by Paul Shipway, CAO I Clerk during the regular meeting of November 1, 2018) D. By-Law No. 2018-096 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. (This by-law follows the recommendation made in Report CAO-71/18 by Paul Shipway, CAO I Clerk during the regular meeting of November 1, 2018) E. By-Law No. 2018-097 Being a by-law to authorize the execution of an agreement between the Municipality of Bayham and Johnston Bros. (Bothwell) Ltd. (This by-law follows the recommendation made in Report CAO-71/18 by Paul Shipway, CAO I Clerk during the regular meeting of November 1, 2018) 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-098 Being a by-law to confirm all actions of Council 16. ADJOURNMENT : r 0 :: October 30 2018 (.03 0 Major and Council of the Municipality of BayhamuNIC«AL/t My name is Arlyne Williams I'm the President of the Policing Committee for Municipality of Bayham. I'm looking for Approval to install signs in all 7 towns in Bayham that read "Drive Like Your Children Live Here "as the sample supplied. I would also like to be available to discuss where we can install these signs with approval. In addition I would like to be present at the council meeting on November 15`h 2018 if possible to explain why we as a Committee think this is a good thing. These signs will be funded by our Policing Committee as a group and have a supplier to make the signs at a low cost. Looking forward to meeting with council and discussing this proposal and approval. Regards Arlyne Williams • / / / .--... ''.•••,444404' . . ' . , :::"':,,,, ..,N, ;';'''.,',• * YHILL. ,: ;c •,' ,..a4 •,,....;'; ';"44 4",, ' .„. 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' r 'I, '. ..'''''int," ' '' ' 4:.4".' .:';''.r''''‘:'''‘,.''''....,r,,...--: . • = i.,,,ta . .- • r... ,•'4 1 ..... . . :+,,..44, , . - ,..... ..,: e,--, . , . ,:,,,,r.. ,..., .: . •,',, ‹ , ',...a...,:vnr,,,,,-,..; , , . ; ' ; -... •• '' -' THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 1, 2018 7:00 p.m. 7:30 p.m. — Public Meeting — Planning Applicant A— Dorothy Emerson — Official Plan Amendment Applicant B —John Fehr—Zoning By-law Amendment PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL FIRE CHIEF I BY-LAW ENFORCEMENT OFFICER RANDY WHITE ROADS OPERATIONS SUPERVISOR STEVE ADAMS MANGER OF CAPITAL PROJECTS WATER I WASTEWATER ED ROLOSON CHIEF BUILDING OFFICIAL DRAINAGE SUPERINTENDENT BILL KNIFTON 1. CALL TO ORDER Mayor Ens called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA None. 4. ANNOUNCEMENTS A. Councillor Ketchabaw provided a reminder of the Remembrance Services Sunday, November 4, 2018 in Vienna at 11:00 a.m. and parade and service in Port Burwell at 1:00 p.m. as well as a service in Fairground on Friday, November 9, 2018. B. Mayor Ens provided a reminder of the Volunteer Appreciation to be held at the Straffordville Community Centre Thursday, November 15, 2018 from 6:00 p.m. — 7:00 p.m. 2018 Council Minutes November 1, 2018 5. DELEGATIONS A. 7:05 p.m. —William Pol IBI Group re Bayham Official Plan Five-Year Review— Elgin County Meeting Summary William Pol, IBI Group, provided details as outlined in the Memorandum which summarized the items discussed at a meeting between the County of Elgin Manager of Planning and IBI Group regarding Municipality of Bayham Official Plan Five-Year Review Amendment No. 23. Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT the IBI Group presentation re Bayham Official Plan Five-Year Review— Elgin County Meeting Summary be received for information; AND THAT Council acknowledge amendments to the Municipality of Bayham Official Plan as follows: i. Section 4.2.4.1 be amended by adding the following clause, "The target, for residential intensification and redevelopment, over the life of this Plan is 15%." ii. Section 8.5.1.2 be amended by adding the following potential background studies to the list, "Land use justification report;Agricultural impact assessment; and Archeological Assessment." iii. Schedule `Al' Municipality of Bayham Land Use — Industrial Land Exchange be amended by adding the following text to the preamble of the Five Year review amendment as part of the amendment explanation, "The Municipality is relocating an industrial designation of lands in the Bayham Industrial Park from Highway#3 onto Pressey Road, north and west of the subject site location. The purpose of the amendment is to allow municipal road access instead of limited Provincial Highway access. There is no net change in the area of industrial lands consistent with the Provincial Policy Statement 2014." CARRIED 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Budget Meeting held October 1, 2018 B. Regular Meeting held October 4, 2018 Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the minutes of the Budget Meeting held October 1, 2018 and the Regular Meeting held October 4, 2018 be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 2018 Council Minutes November 1, 2018 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report FR-05/18 by Randy White, Fire Chief I By-Law Enforcement Officer re Capital Item FD-1 —Water Rescue Craft Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report FR-05/18 re Capital Item FD-1 —Water Rescue Craft be received for information; AND THAT Council direct staff to procure Capital Item FD-1, in the amount of $20,300+HST from 2Tinga Inc of St. Williams Ontario CARRIED B. Report PS-05/18 by Steve Adams, Roads Operations Supervisor re Significant Weather Event Policy Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Staff Report PS-05/18 re Significant Weather Event Policy be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approve the Municipality of Bayham Significant Weather Event Policy attached to Report PS-05/18 as Appendix 'A'. CARRIED C. Report PS-06/18 by Ed Roloson, Manager of Capital Projects—Water/Wastewater re Energy Conservation — 2017 Capital Item WW-15 Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Staff Report PS-06/18 re Energy Conservation — 2017 Capital Item WW-15 be received for information. CARRIED 2018 Council Minutes November 1, 2018 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re proposed Official Plan Amendment— Dorothy Emerson Official Plan Amendment No. 24 B. Notice of Public Meeting re proposed Zoning By-law Amendment— John Fehr Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT correspondence items 10.1.1-A— 10.1.1-B be received for information. CARRIED Council recessed at 7:30 p.m. for the Planning Public Meetings and reconvened at 7:50 p.m. 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-60/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re 3rd Quarter Report Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report DS-60/18 re 3rd Quarter Report be received for information. CARRIED B. Report DS-61/18 by Bill Knifton, Chief Building Official I Drainage Superintendent re Branch "A" of the No.1 Drain Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report DS-61/18 re Branch "A" of the No.1 Drain be received for information; AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #218030 dated October 17, 2018 for the Branch "A" of the No.1 Drain , as prepared by Spriet Associates, and filed with the Clerk on October 25, 2018; AND THAT Council set a date for the Public Meeting to he held on November 15, 2018 at 8:00 pm to consider the Report; 2018 Council Minutes November 1, 2018 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. CARRIED 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. City of Hamilton re NAFTA— Dairy Supply Management Program B. Ministry of Community Safety and Correctional Services re Firefighter Certification Regulation C. Ministry of Tourism, Culture and Sport re Ontario Medal for Good Citizenship D. City of St. Thomas re Municipality of Central Elgin — Elgin Hospice Project E. Notice of Public Information Centre Meeting re Port Burwell Storm Sewer System Phase 1B (Strachan Street, Brock Street, Hagerman Road Allowance) Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council of the Corporation of the Municipality of Bayham send a letter of support concerning the Elgin Hospice Project. CARRIED Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT correspondence items 11.1.1-A— 11.1.1-E be received for information. CARRIED 11.1.2 Requiring Action A. Bonnie Neglia re Portable Toilets Port Burwell Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT correspondence from Bonnie Neglia re Portable Toilets Port Burwell be received for information; AND THAT the correspondence be referred to 2019 Operating Budget deliberations. CARRIED 2018 Council Minutes November 1, 2018 B. YWCA St Thomas — Elgin re emergency evacuation location for Before and After School program for 2018 — 2019 school year Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the request from YWCA St. Thomas — Elgin to continue to use the Straffordville Community Centre as an emergency evacuation location for the 2018 —2019 Before and After School program be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham approves the request for the Straffordville Community Centre to continue to be used by the 2018 —2019 YWCA Before and After School program as an emergency evacuation location. CARRIED C. County of Elgin re Land Division Committee Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT correspondence from the County of Elgin re Land Division Committee be received for information; AND THAT staff be directed to post a notice to recruit an applicant to serve as a member of the Land Division Committee; AND THAT a letter of thanks be sent to Mr. Brent Stewart for his years of service. CARRIED D. County of Elgin re Elgin Group Police Services Board Moved by: Deputy Mayor Southwick Seconded by: Councillor Ketchabaw THAT correspondence from the County of Elgin re Elgin Group Police Services Board be received for information; AND THAT the correspondence be deferred for consideration to the 2018 — 2022 term of Council. CARRIED 11.2 Reports to Council A. Report TR-14/18 by Lorne James, Treasurer re 2018 Q3 Variance Report Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick 2018 Council Minutes November 1, 2018 THAT Report TR-14/18 re 2018 Q3 Variance Report be received for information. CARRIED B. Report CAO-70/18 by Paul Shipway, CAO I Clerk re Agreement No. 0636 — Underhill Trucking Ltd. Moved by: Councillor Casier Seconded by: Councillor Ketchabaw THAT Report CAO-70/18 re Agreement No. 0636 — Underhill Trucking be received for information; AND THAT staff be directed to bring forward a by-law to authorize the execution of an amending agreement with Underhill Trucking Ltd. for the provision of equipment for construction and operational maintenance activities. CARRIED C. Report CAO-71/18 by Paul Shipway, CAO I Clerk re Agreement No. 0637 & Agreement No. 0640 — Johnston Bros. (Bothwell) Ltd. Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT Report CAO-71/18 re Agreement No. 0637 & Agreement No. 0640 —Johnston Bros. (Bothwell) Ltd. be received for information; AND THAT staff be directed to bring forward a by-law to authorize the execution of agreements with Johnston Bros. (Bothwell) Ltd. for the provision of supplying, hauling, mixing and stacking of winter sand at the Public Works yard and provision of granular materials for Council consideration. CARRIED D. Report CAO-73/18 by Paul Shipway, CAO I Clerk re Capital Item FA-1 Straffordville Community Centre — Chairs Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Report CAO-73/18 re Capital Item FA-1 Straffordville Community Centre Chairs be received for information; AND THAT Council direct staff to sole source chairs from Eway in the amount of $25,887.61+HST. AND THAT Council provide that chairs unused by the Straffordville Community Centre and the Vienna Community Centre be surplussed by the Straffordville Hall Foundation in a manner determined by the Straffordville Hall Foundation. 2018 Council Minutes November 1, 2018 CARRIED 12. BY-LAWS A. By-Law No. 2018-090 Being a by-law to amend By-Law No. 2018-037 Lot Maintenance By-Law Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier THAT By-Law No. 2018-090 be read a first, second and third time and finally passed. CARRIED 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS A. The CAO I Clerk advised the Pitt Street parking lot stairs will not be installed until spring 2019. Council recessed for a short break at 8:25 p.m. and reconvened at 8:30 p.m. 14.1 In Camera Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT the Council do now rise to enter into an "In Camera" Session at 8:30 p.m. to discuss: • a proposed or pending acquisition or disposition of land by the municipality or local board; • advice that is subject to solicitor-client privilege, including communications necessary for that purpose. CARRIED A. Confidential Report regarding a proposed or pending acquisition or disposition of land by the municipality or local board; advice that is subject to solicitor-client privilege, including communications necessary for that purpose (Lakeshore Line) 14.2 Out of Camera Moved by: Deputy Mayor Southwick Seconded by: Councillor Casier 2018 Council Minutes November 1, 2018 THAT the Council do now rise from the "In Camera" session at 8:41 p.m. with nothing to report. CARRIED 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2018-091 Being a by-law to confirm all actions of Council Moved by: Councillor Ketchabaw Seconded by: Councillor Casier THAT Confirming By-Law No. 2018-091 be read a first, second and third time and finally passed. CARRIED 16. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Council meeting be adjourned at 8:42 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 1, 2018 7:30 p.m. Applicant— Dorothy Emerson PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Dave Roe 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:31 p.m. and asked those in attendance for this Planning Public Meeting regarding Official Plan Amendment No. 24 application by Dorothy Emerson to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT Official Plan Amendment Application submitted by Dorothy Emerson The purpose of the public meeting is to consider an application to change the land use designation on 1.9 ha (4.7 acres) of land from "Open Space/Hazard Lands" to "Residential" in the Official Plan of the Municipality of Bayham in order to identify the lands as outside of the hazardous area of the ravine lands. The subject lands are located 2018 Planning Meeting Minutes November 1, 2018 Dorothy Emerson on the south side of Light Line, west of Bogus Road known as 55233 Light Line in the Village of Vienna. The effect of the by-law will be to allow for future residential development of the lands. 5. PUBLIC PARTICIPATION Dave Roe, Agent for the applicant provided an overview of the application. Councillor Ketchabaw requested clarification of the depth of the possible estate sized lots to which Mr. Roe responded the depth would be approximately 200 — 300 metres. 6. CORRESPONDENCE Deputy Clerk I Planning Coordinator advised pre consultation comments were received from the County of Elgin planner on July 17th and September 25th 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Ketchabaw Seconded by: Deputy Mayor Southwick THAT Official Plan Amendment No. 24 By-law be considered at the meeting scheduled for November 15, 2018; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Official Plan Amendment No. 24 Dorothy Emerson is now complete at 7:40 p.m. CARRIED MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM STATUTORY PLANNING MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, November 1, 2018 7:30 p.m. Applicant —John Fehr PRESENT: MAYOR PAUL ENS DEPUTY MAYOR TOM SOUTHWICK COUNCILLORS WAYNE CASIER ED KETCHABAW ABSENT RANDY BREYER STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: John Fehr 1. CALL TO ORDER Mayor Ens called the public meeting to order at 7:41 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by John Fehr to place their name and contact information on the sign-in sheet provided at the podium. 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. CHAIRMAN'S REMARKS ON THE PURPOSE OF THE MEETING The Chairman stated the purpose and effect of the proposed amendment. 4. PURPOSE AND EFFECT OF THE PROPOSED AMENDMENT Zoning By-law Amendment Application submitted by John Fehr The purpose of the public meeting is to consider an application to change the zoning on a 10,460 m2 (2.5 acres) parcel of land from a Hamlet Residential (HR) Zone to the Site- Specific Hamlet Residential (HR-XX) in Zoning By-law Z456-2003. The zone change is to permit the operation of a seasonal water hauling business and to permit the construction of an oversized accessory building with a floor area of 111.5 m2 (1,200 ft2) 2018 Planning Meeting Minutes November 1, 2018 John Fehr where 75 m2 (807 ft2) is the permitted maximum. The subject lands are located at 54303 Eden Line, south side, east of Culloden Road, in the hamlet of North Hall. The effect of the by-law will be to allow for the construction of an oversized accessory building to store a large truck associated with the business. Deputy Clerk I Planning Coordinator announced as follows: The circulated Notice was based on the information provided in the application, however, new information has been obtained since then that changes the nature of the home business. There is water extraction and hauling, use of water pumps, additional truck etc. at the current residence and the same is planned for the subject lands in the future. This information was brought to staff's attention in a neighbour's letter and confirmed by the landowner on October 31st. Therefore, I would advise Council of three options: Continue with the current application at the next meeting and 1. Approve as presented, 2. Refuse the rezoning or 3. Postpone the rezoning decision until such time as the applicant amends the application to request permission to permit the processing/taking of water, use of pumps, use of an additional truck etc. Staff recommends the third option to amend the application and due to the significant changes to the application, schedule a new public meeting. 5. PUBLIC PARTICIPATION John Fehr provided an overview of his intent as well as the process along with Ministry of the Environment and Ministry of Health requirements. 6. CORRESPONDENCE Deputy Clerk I Planning Coordinator M. Underhill advised correspondence was received from John Peters, 54272 Eden Line, expressing concerns regarding the extraction and hauling process and the letter would be attached to the forthcoming report. 7. OTHER BUSINESS None. 2018 Planning Meeting Minutes November 1, 2018 John Fehr 8. ADJOURNMENT Moved by: Councillor Casier Seconded by: Deputy Mayor Southwick THAT the Zoning By-law application be amended and a second public meeting be scheduled; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application John Fehr is now complete at 7:50 p.m. CARRIED MAYOR CLERK -vox-Y1144 44417,44.411*:(4,4k, ,,,,,,,ii:istfritc*,),titiiniii,v,vtxiiil( d' UI'tunity ; 1Cfs The Corporation of the Municipality of Bayham NOTICE OF A PUBLIC MEETING CONCERNING THE PROPOSED DRAINAGE WORKS FOR THE NUMBER ONE MUNICIPAL DRAIN BRANCH 'A' IN THE MUNICIPALITY OF BAYHAM TAKE NOTICE that further to Chap. D.17, Section 41 of the DRAINAGE ACT, the Council of the Corporation of the Municipality of Bayham will hold a public meeting on Thursday, November 15, 2018 at 8:00 p.m. at the Bayham Municipal Office, 56169 Heritage Line, Straffordville Ontario. THE PURPOSE of the meeting is to inform area landowners that Council will consider the enclosed Engineer's Report#218030 filed with the Clerk at the Bayham Municipal Office on October 25, 2018 regarding the proposed reconstruction of the Number One Municipal Drain Branch `A' serving parts of Lots 129 to 132, Concessions 6 and 7, Municipality of Bayham. The work was initiated from a request. ANY PERSON may attend the meeting and/or make a written or verbal representation in support of, or in opposition to the proposed drainage works by forwarding your comments to the Municipal Office prior to the meeting. ADDITIONAL INFORMATION relating to the proposed drainage works may be obtained by contacting the Drainage Superintendent Bill Knifton at the Bayham Municipal Office, 56169 Heritage Line, PO Box 160, Straffordville, Ontario NOJ 1Y0, Telephone: 519-866-5521, Monday—Friday 8:30 am —4:30 p.m. Dated at STRAFFORDVILLE, in the MUNICIPALITY OF BAYHAM, in the PROVINCE OF ONTARIO, this 2nd day o •smber, 2018. 7Paul Shipway CAOICIerk $NYHA? 404inpo ..41„,,,:-Nz...„ ii „-- . \ to,i0,,,,,r,A.voifti„,,t,y5-:.::;.,;,; - - T <,:,,,, -/ -7-t-,.„. „,„, 0 REPORT ... ' -Yt- 0� 5� DEVELOPMENT SERVICES j'tunity IS�C TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: November 15, 2018 REPORT: DS-62/18 FILE NO. C-07/ D07.EMER Roll # 3401-000-002-04500 SUBJECT: By-law 2018-092 Official Plan Amendment No. 24 Emerson BACKGROUND: An official plan amendment application was submitted by Dorothy Emerson proposing to amend the official plan designation on lands known as 55233 Light Line, Vienna. The subject lands are designated "Open Space/Hazard Lands" in the Official Plan and zoned Village Residential Holding 2 (R1/h2) Zone in the Zoning By-law No. Z456-2003. The purpose of this By-law is to change the land use designation on 1.9 ha (4.7 acres) of land from "Open Space/Hazard Lands" to "Residential" in the Official Plan of the Municipality of Bayham in order to identify the lands as outside of the hazardous area of the ravine lands. The subject lands are located on the south side of Light Line, west of Bogus Road known as 55233 Light Line in the Village of Vienna. The effect of this By-law will be to allow for future residential development of the lands. PUBLIC PARTICIPATION: As required by the Planning Act, the public meeting notice was circulated to all property owners within he required 120 metres distance, as well as, the required agencies and the County of Elgin. The public meeting was held on November 1, 2018 at 7:30 pm at the Municipal Council Chambers, 56169 Heritage Line, Straffordville, with the appointed Agent present. Pre-consultation comments were received from the County of Elgin Manager of Planning by email on July 17, 2018 and September 25, 2018. At the time of writing this report, no additional written comments have been received. DISCUSSION: Please reference the planner's memorandum dated November 1, 2018 as attached providing a complete analysis of the proposal. The Agent, David Roe Consulting Planner, and our municipal planner support the re-designation of the lands from Open Space/Hazard Lands to Residential. The D5-62/18 Emerson 2 County Planner's opinion is the proposal does not meet the policies in his preliminary email comments as attached. Long Point Region Conservation Authority provided written confirmation as attached to the application in support of the change from Hazard Lands. Staff and municipal planner recommend approval of By-law 2018-092 adopting the Official Plan Amendment No. 24 to be followed by submission of the Official Plan Amendment package to the County for approval. ATTACHMENTS 1. Official Plan Amendment Application with Justification Report dated September 10, 2018 2. IBI Memorandum dated November 1, 2018 3. County of Elgin Manager of Planning email correspondence received July 17, 2018 and September 25, 2018 4. Draft By-law 2018-092 adopting Official Plan Amendment No. 24 RECOMMENDATION THAT Staff Report DS-62/18 regarding the Official Plan Amendment submitted by Dorothy Emerson be received for information; AND THAT, pursuant to Planning Act Regulations Bill 73 Smart Growth for our Communities Act, 2015, it be pointed out that at the public participation meeting held November 1, 2018 associated with these applications, there were no written public submissions regarding this matter and that all considerations were taken into account in Council's decision passing this resolution; AND THAT the proposed amendments are consistent with the Provincial Policy Statement 2014, the Elgin County Official Plan and the Municipality of Bayham Official Plan as outlined in the IBI Group memorandum of November 1, 2018; AND THAT By-law 2018-092, being an adopting By-law for Official Plan Amendment No, 24, regarding lands designated as "Open Space/Hazard Lands" being changed to "Residential" in the Municipality of Bayham Official Plan be presented for enactment; AND THAT adopted Official Plan Amendment No. 24 be forwarded to the County of Elgin for approval." Respectfully Submitted by: Reviewed by: ‘„z.,(r Margaret Underhill Paul Shipway Deputy Clerk/Planning Coordinator CAO/Clerk v).N.Y1-1,44 MUNICIPALITY OF BAYHAM 56169 Heritage Line ;t1,1.0 411111111K111 P.O. Box 160 Straffordville, ON NOJ 1Y0 u ��� � o��g Phone(519) 866-5521 — Fax(519) 866-3884 NILIIVI:IPPARL/TY1 60F206 114,81%;M APPLICATION FOR AMENDMENT TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information in this form must be completed in full. This mandatory information must be provided with a fee of $2,000. If the application is not completed in full,the application will be returned. I/WE, Dorothy Emerson 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 DATE RECEIVED: ( AMOUNT RECEIVED: �Q DEEMED COMPLETE:. 0 /c2//? RECEIPT#: :4 �?/J q7atD r //q FILE NO: � I. � DATE ADOPTED,EY COUNCIL: %A/c7 e,4�y // Prepared Feb 2016—revised Mar 2017 Municipality of Bayham Official Plan Amendment Application Page 2 1. Registered Owner's Dorothy Emerson Name: Address: 55267 Light Line , RR #1 , Vienna, ON NOJ 1Z0 Phone No. (Home): 519-866-3315 Business: Fax: Email: Lot and Concession (if applicable): 2. Applicant/Authorized Agent: David Roe , Civic Planning Solutions Inc . Address: 599 Larch St , Delhi , ON N4B 3A7 Phone No.: 519-582-1174 Fax: Email: dfrfez me .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: Concession: 3 Lot: 13 Roll # 34-01 -000-002-04500 Reference Plan No: Part Lot: Street and Municipal Address No.55267 and 55233 Light Line 4. Size of property which is subject to this Application: Site Area: 1 .92ha m2 Frontage: 244 .2m m Depth: 162 .6m m 5. Does the proposed amendment add, change, replace, or delete a policy/schedule of the Official Plan? Schedule C Vienna Add ( ) Change ( x ) Replace ( ) Delete ( ) If so, policy/schedule to be added, changed, replaced, or deleted: Attach separately the requested additions, changes, or replacements. Municipality of Bayham Official Plan Amendment Application Page 3 6. Does the proposed amendment alter a growth boundary of any settlement area? Yes/No If so, attach separately justification for the request based on the current Official Plan policies. 7. Does the proposed amendment remove land from an area of employment designation? Yes/No If so, attach separately justification for the request based on the current Official Plan policies. 8. Existing Official Plan Designations: Open Space and Hazard Land Land Uses Permitted in existing Designation: agricultural and open space uses 9. Present Use of subject lands (Be specific): wooded area Part of a agricultual parcel 10. Proposed Official Plan Designation: Residential 11. What is the purpose of the proposed Official Plan amendment? to permit lands to be used for residential purposes Municipality of Bayham Official Plan Amendment Application Page 4 12. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) The subject lands to be used for residential uses may be further subdivided into several lots. _ 13. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( x ) Private Dug Well ( ) ( ) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ) ( 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 to water course located adjacent to property . Provisions: Proposed Outlet: Municipality of Bayham Official Plan Amendment Application Page 5 14. Is the subject land or land within 120 metres of it subject of an application under the Planning Act for: Minor Variance ( ) Official Plan amendment ( ) Consent ( ) Zoning By-law amendment ( ) Plan of Subdivision ( ) Site Plan ( ) If yes to any of the above, indicate the file number, name of approval authority, the land it affects, purpose, status, and effect on this proposed amendment. 15. How is the proposed amendment consistent with the Provincial Policy Statement 2014? The subject lands should not be designated as hazard lands The lands are within the boundary of the settlement area Vienna . 16. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) Survey plan, or a sketch based on an Ontario Land Surveyor description of all lands in the Owner's possession in the vicinity of the subject application with the lands covered by this application outlined in red, and showing the location, size and use of all buildings and structures on the Owner's lands and on all adjacent properties. Municipality of Bayham Official Plan Amendment Application Page 6 (b) Large scale detail plan of the proposed development, showing the location and type of all buildings, setbacks, number and floor area or dwelling units (if applicable) the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses. (c) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council consideration of the application Municipality of Bayham Official Plan Amendment Application Page 7 VWe David Roe of the Name TownflownshipiCitylVillig e EAC of , in the county of Norfolk , do solemnly declare: quniciparay M.,,Erne County Name (I) that VWe 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: And I/We make this solemn declaration conscientiously believing it to be true, and knowing that it is of the same force and effect as if made under oath, and by virtue of the "Canada Evidence Act". DECLARED BEFORE ME at the: �"Z Municipality of Bayham Owner/Agent in the County/Region of: Elgin this /// 1 day of April 20 18 • Owner/Agent A Commissioner, etc. Owner/Agent MARGARET UNDERt-BILL,a Ca:smissiader4 tte4 Deputy Clerk of the Corporation dela Menicipwlity of ileykam. 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THIS MAP IS NOT TO BE USED FOR NAVIGATION r '` S(E7 V/LLUS7RA7/NC S/B rECT LANDS AND Sr, r \B9G�o"4/:z. :::::::::::::::4V c L°T MUN/GPAL/TY OF BAYHA /TO�NSy11Ar3 COUNTY OF ELGIN,--:- B GT40803 liR T As �ppRr To Ea�� A'04.0 KIM HUSTED SURVEYING LTD. °=� 1../6.4,7., 4LCo NOT TO SCALE '',k1 L'14/4Alc I ca E 1 Lor 2 4(3 S""°, S Q 4, C of �C Ss/a/y 13 N oNC'SSJo— 4 to -13. r SUBJECT LANDS ^°^ COye,SS1oN �, 1.92 HECTARES 12.858 11151 ?02)s 3 2017 N q� O N 4)N. 00 puGUST O �-.QQ,y� ^O. K _ / toP of e°� / / i to �) 2>.033 _•_3, Zo i I G�or'R�F t..)'co ( I 1 I N ,.. O JGVg/ �3. /i F11C ( .i) I i 1 y2°, a �� r row, cV / ( I ) of / / NSHIA ro \ co \ i I 0 ¶0P �/ `J� \`J I II 1 M 556 is 0):;/r r' 1. 0 12.65 l4 66"" Op X15.00 // k\388 15.813 ,•.2g'� 0 8S9 15.721, / 11 �,/,�N. i 2. "C11..1: 1 G,6k� 00 �yy AUGUST 3. 2017 / i I / i—�J N Bp1K ---�` / \ / Y of ��� / 10P —'i /' � ----- \\ g'9 yll q� / i:. - - % ' KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR 6�� 30 HARVEY STREET, TILLSONBURG ONTARIO. N4G 3J8 PHONE:519-842-3838 FAX 519-842-3839 PROJECT: 17-12920 REFERENCE FF1 DISK No. DCKD.WG• \AVCAD2017\17-12920.dwg, 2018-04-04 8:07:32 AM, DWG To PDF.pc3 LETTER OF AUTHORIZATION DATE: April 9, 2018 TO: Clerk/CAO Municipality of Bayham DESCRIPTION AND LOCATION OF SUBJECT LANDS: Concession 3, Parts Lots 13 and 14, 55267 Light Line I,Dorothy Emerson 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 This 9th day of April, 2018 ,9\AVN-JAiw &4.Adjz,11/ Airs „6/7z,-- Signature of Witness Signature of Owners Marg Underhill From: David Roe <dfrfez@bellnet.ca> Sent: Monday,June 4, 2018 12:39 PM To: Marg Underhill Subject: Fwd: Emerson OPA Vienna RE Attachments: Emerson OPA Application.pdf;ATT00001.htm JOIN 0 4 2010 I trust that this is what you require. Thanks. David MUNICIPALI OP BAYHAIN Sent from my iPhone Begin forwarded message: From: Bonnie Bravener <bbravener@lprca.on.ca> Date: June 4, 2018 at 11:29:55 AM EDT To: David Roe<dfr ezrbellnet.ca> Subject: FW: Emerson OPA Vienna LPRCA staff has reviewed the proposed OPA amendment-see attached (Kim Husted Surveying Ltd. Project 17-12920) and can advise the Long Point Region Conservation Authority has no objections to the amended Hazard Land. The subject property is located entirely within the Regulation Limit of Ontario Regulation 178/06 and any additional site development concerns LPRCA may have can be dealt with through the permitting process. Bonnie Bravener Resource Technician Long Point Region Conservation Authority 4 Elm Street, Tillsonburg, Ontario N4G 0C4 T. 519-842-4242 or 888-231-5408 ext. 233 F. 519-842-7123 Original Message From: David Roe [mailto:dfrfez@me.com] Sent: April 16, 2018 7:16 PM To: Bonnie Bravener Subject: Emerson OPA Vienna Bonnie, I have attached a copy of the OPA application which I submitted to Bayham. the sketch attached shows lands located 15m from the top of the bank as the area to be removed from the Hazard Land designation. Can you please review and advise me if I have this correct, is 15m adequate or do I need to increase it? I told Margaret Underhill not to circulate the application until I had your input. Thanks David 1 RECEIVED SEP 11 Z018 September 10, 2018 (9 /s MONICIPALITY OF HAYHAM Planning Justification Report Regarding Official Plan for Dorothy Emerson For Property Located in Lots 13 and 14, Concession 3, former Twp. of Bayham Known as 55267 Light Line, Vienna, ON NOJ 1Z0 Proposal The applicant has applied for an official plan amendment to re-designate a 1.92 hectare parcel presently designated as Open Space/Hazard Lands to the Residential designation. The lands are located within the settlement area of Vienna in the Bayham Official Plan. Upon discussion with the Long Point Region Conservation Authority there is strong reason to believe that the subject lands are not hazard lands. It is intended that the long term use of these lands will be for residential purposes. Background The applicant owns 127 acre farm parcel located in Concession 3, Lots 13 and 14 in the Municipality of Bayham. The farm was used for growing tobacco but has been used more recently to grow cash crops such as corn and beans. The lands are located within the settlement area of Vienna. In 2016,the applicant severed an existing dwelling on a 0.8acre parcel. The applicant has also proposed to sever a second dwelling the details of which have not been determined.The lands front onto Light Line.There is also farm access from Creek Road on the south side of the property. In the north-west corner of the property there is a wooded area isolated from the other lands and dissected by a gully. It is in this area where the applicant has proposed to re-designate an irregular shaped parcel containing 4.69 acres.This parcel as shown on the attached sketch maintains a 15 meter setback from the top-of-bank adjacent to the gully. This parcel is tree covered and fronts onto Light Line. It is intended that this parcel be severed from the remaining farm and be further subdivided into several estate type residential lots. The applicant then intends to convey the remaining farm to be used for farming purposes. Provincial Policy Statement(2014) The lands are located within an area defined as a settlement area and is subject to the following policies: 2 1.1,3 Settlement Areas Settlement areas are urban areas and rural settlement areas, and include cities, towns, villages and hamlets. Ontario's settlement areas vary significantly in terms of size, density, population, economic activity, diversity and intensity of land uses,service levels, and types of infrastructure available. The vitality of settlement areas is critical to the long-term economic prosperity of our communities. Development pressures and land use change will vary across Ontario. It is in the interest of all communities to use land and resources wisely, to promote efficient development patterns,protect resources, promote green spaces, ensure effective use of infrastructure and public service facilities and minimize unnecessary public expenditures. 1.1.3.1 Settlement areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted. 1.1.3.2 Land use patterns within settlement areas shall be based on: a. densities and a mix of land uses which: 1. efficiently use land and resources; 2. are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion; 3. minimize negative impacts to air quality and climate change, and promote energy efficiency; 4. support active transportation; S. transit-supportive, where transit is planned, exists or may be developed; and 6. are freight-supportive;and b. a range of uses and opportunities for intensification and redevelopment in accordance with the criteria in policy 1.1.3.3, where this can be accommodated. Comments: The PPS recognizes that settlement areas vary greatly across the Province,from major urban centres to the smallest of hamlets or rural clusters.The purpose of a designated settlement area is to provide lands for residential, commercial and industrial uses.Within designated settlement areas is to use lands efficiently, provide for appropriate levels of municipal services and minimize negative impacts on the environment. These lands are located within the settlement area of Vienna which provides municipal services of water and sewer within a portion of the community. However,due in part to the extent of the settlement area and natural topography providing these services to the subject lands is not feasible.The growth rate of this community is very low and therefore necessity for major expansion of municipal infrastructure is not warranted. The proposed official plan amendment is intend to 3 remove the overlaying Hazard Land designation to re-designate the lands Residential. This will then permit the lands to be used for residential purposes. The lands in question are not prone to flood plain hazards but may have been designated in the official plan as Open Space/Hazard Land due to a gully area with divides the property. Staff of the Long Point Region Conservation Authority have attended the site and confirmed that the lands 15m north of the top-of-bank are not in their opinion hazard lands. Municipality of Bayham Official Plan The following Bayham Official Plan policies are relevant to this application: 4.5.8 Open Space 4.5.8.1 Within the areas designated "Open Space"on Schedules "B", "C"and "D", the primary use of land shall be for community parks, conservation areas, fairgrounds, other similar outdoor recreation areas.Secondary uses such as buildings,structures and parking areas accessory or complementary to the "Open Space"areas shall also be permitted. 4.5.8.8 Lands within the area designated "Open Space"on Schedules "B", "C"and "D", may be susceptible to hazardous conditions other than those associated with flooding.As such,prior to an Official Plan Amendment to re-designate land from the Open Space designation, written approval from the Conservation Authority must be obtained, if required by the Municipality. 6.1 HAZARD LANDS DESIGNATION 6.1.1 General 6.1.1.1 The "Hazard Lands"designation applies to areas which exhibit or potentially exhibit a hazardous condition as a result of their susceptibility to flooding, erosion, dynamic beach hazards,subsidence,slumping, inundation or the presence of unstable soils, unstable bedrock, or steep slopes. 6.1.1.2 In the Municipality of Bayham the boundaries of the "Hazard Lands" designation have been generalized on Schedule "A2", "B", "C", and "D"to follow the regulation limit determined by the Long Point Region Conservation Authority due to the absence of detailed engineered flood line mapping in the Municipality. These areas may be used for any of the uses permitted in the underlying land use designation found on the map. In all cases the location of buildings and structures for purposes other than flood or erosion control will be regulated through the provisions of 4 the Zoning By-law after Municipal Council has consulted the Conservation Authority where applicable. Comments: Policies of the Bayham Official Plan as they relate to the Open Space/Hazard Land designation generally apply to community recreational facilities and also to areas that are prone to non-flood related hazard conditions.The Hazard Land designation applies to those areas both flood prone and other hazardous conditions steep slopes. Reliance is placed on the local conservation authority to delineate the areas designated Hazard Land. In this case,the Long Point Region Conservation Authority has determined that the area in question is not hazard land. Municipality of Bayham Zoning By-law The lands are zoned R1 (h2). The lands are also shown as being regulated by the Long Point Region Conservation Authority.At this time no change in zoning is anticipated. Summary I feel that the proposed official plan amendment is supportable for the following reasons: • The Open Space/Hazard Land designation should not apply to the lands proposed to be re-designated Residential as the local conservation authority does not consider the lands to be hazardous. • The appropriate land use designation for these lands is residential as such a village designation is the only appropriate designation in this circumstance. • The proposed residential use of the land is compatible with the adjacent land and will be an asset to the municipality when developed for that purpose. I strongly recommend that council approve this application for an official plan T7T . ,111P David Roe MCIP, RPP. 41,9 y '', SKETCHILLUSIRAIIIVC SWUM*LAMS �89� 4 eli'4p 40 PARTGri�d?APH/C WMNS MP a 6NYHOF LOTS 13 AND 1A4I4 y/� r I CONCESSION 3 MUNKV AM ` 01gp6p3 T°�'Aisy�A /3 COUNTY OF MON itR As per To �� � /''0qD KIM HUS1ED SURVEYING LID. r �°� L/Gyp '9440 yy�y NOT TO SCALE ' 407 Like.4� I o coNc_ 7g 2 3/S °`� . Q�E f� Co�CE fi S/0N• 4 CV SS'/OXY 0) `Wa co 4 9q�,y�4, N to r r SUBJECT LANDS °^ cDNc.SS/a4 1.92 HECTARES toe -'2g58 20 ! 1N:\5,E `')s 3' p17 3 cNo N i X43 / o, AuGUho o ry /S o0 a/ OF K /�.4" 27.03 \O/ TOP $ / I h ��0 3 $j / 1p1� 1 GEos ^7 ! I N ^� 3. Rgpy/C J� i I US t'' au�s� /�� T i I 1 'A052 e►�1K r\` % i ,. �W4SMP 111 GP / —� l ``-J I M 2.55- "I /5:00,�' 1. 299 12.65 i4 859 \66�� op i 415.00 ( h i' >>X85 15.813 9 0 15.721 ./ / �� . . i 4. R� 0 St 3. 2017��,% 1 �J 2.7 0 0, yy Aum / ; 7j�1� BOK --^L`\\ / \ f 10? 3.-1 r' ------ �� i i 8,4 yyAM I ' KIM HUSTED SURVEYING LTD. ONTARIO LAND SURVEYOR - J i 30 HARVEY MEET. IILLSONBURG ONTARIO. N4C 311 I PHONE:519-642-3135 FAX: 519-642-3039 PROJECT: 17-12920 REFERENCE: FF1 DISK No. I DCKD.IVG.I C:\INCAD2017\I7-12920.cwa, 2018-04-04 3:07:32 AM, DWS To PDF.pc3 l0 From: Bonnie Bravener bbrevener@ 1prcn.on.c<: (9 Subject: FW:Emerson OPA Vienna Date: June 4,2018 at 11:30 AM To: David Roe dfrfez@bellnet.ca LPRCA staff has reviewed the proposed OPA amendment-see attached(Kim Husted Surveying Ltd.Project 17-12920)and can advise the Long Point Region Conservation Authority has no objections to the amended Hazard Land.The subject property is located entirely within the Regulation Limit of Ontario Regulation 178/06 and any additional site development concerns LPRCA may have can be dealt with through the permitting process. Bonnie Bravener Resource Technician Long Point Region Conservation Authority 4 Elm Street, Tillsonburg,Ontario N4G 0C4 T.519-842-4242 or 888-231-5408 ext.233 F.519-842-7123 Original Message From:David Roe[mailto:dfrfez@me.com] Sent:April 16,2018 7:16 PM To:Bonnie Bravener Subject:Emerson OPA Vienna Bonnie, I have attached a copy of the OPA application which I submitted to Bayham.the sketch attached shows lands located 15m from the top of the bank as the area to be removed from the Hazard Land designation.Can you please review and advise me if I have this correct,is 15m adequate or do I need to increase it? I told Margaret Underhill not to circulate the application until I had your input. Thanks David ._.................... Emerson OPA Application.pdf IBI GROUP 203-350 B ' London ON OxfordStreet T3Canada tel 519 472 7328 fax 519 472 9354 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date November 1, 2018 From Paul Riley, CPT Project No 3404—693 cc William Pol, IBI Group Subject Dorothy Emerson - Application for Official Plan Amendment- Lots 13 and 14, Concession 3, 55267 Light Line, Vienna 1. We have completed our review of an application for an Official Plan amendment, submitted by Dorothy Emerson, for a parcel located at 55267 Light Line, south side,west of Bogus Road in the village of Vienna. The applicant is requesting an official plan amendment for 1.9 ha (4.7 acres) of land to change the designation from "Open Space" and "Hazard Lands" to "Residential" in the Official Plan to allow for residential purposes. The subject lands are designated as "Open Space" and "Hazard Land" on Schedule "C" Vienna: Land Use and Constraints of the Official Plan of the Municipality of Bayham. The lands are currently zoned holding Village Residential (R1(h2)) and LPRCA Regulation Limit on Schedule "H" Vienna in Zoning By-law Z456-2003. 2. The lands have a lot frontage of 244 m (801 feet)and a depth of 162 m (533 feet)and are part of a 51 ha(127 acres)farm parcel. The subject lands comprise a wooded area separated from the rest of the parcel by a gully. The applicant has provided written confirmation from the Long Point Region Conservation Authority that they have no objection to the amended hazard lands. The applicant sketch maintains a 15 m (49 feet) setback from the gully to the southern boundary of the subject lands. The applicant has indicated plans to sever the subject lands from the farm lot and to further sever the lands into several residential lots sometime in the future. Light Line is a municipal road maintained year-round. Surrounding land uses are residential and agriculture to the north and agriculture to the east, west and south, however, the lands to the east, west and south are zoned for residential use. 3. The proposed amendments must be consistent with the Provincial Policy Statement 2014 (PPS). Section 1.5 Public Spaces, Recreation, Parks, Trails and Open Space indicates that healthy, active communities should be promoted by planning and providing for a full range of parks and open spaces. Based on a review of Bayham Official Plan Schedule C Vienna: Land Use, there is an adequate supply of open space lands for future parks and open space purposes available in other areas of Vienna. Therefore, the proposed designation change is consistent with the PPS considering the availability of lands for future open space uses. 4. Section 3 of the PPS Protecting Public Health and Safety states that"development shall be directed away from areas of natural or human-made hazards". Section 3.1.1 b) directs development away from hazardous lands adjacent to rivers and streams which are impacted by flooding hazards and/or erosion hazards. The LPRCA has visited the site and reviewed the applicants sketch and provided written confirmation that the subject lands lie outside of the hazardous gully area, therefore, removal of the lands from the Hazard Lands designation is consistent with the PPS. IBI Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—November 1,2018 5. Elgin County Official Plan Section D3.4 Erosion Hazard Limit indicates that development shall be directed to an area outside of the erosion hazard limits and that the distance shall be determined in consultation with the Conservation Authority. The LPRCA has reviewed the proposed change to the Bayham OP and visited the site. They have provided written confirmation that the subject lands are outside of the erosion hazard area adjacent to the gully. The proposed change is consistent with the Elgin County Official Plan based on the assessment by the LPRCA that the subject lands are not susceptible to hazards related to the adjacent gully lands. 6. The Official Plan of the Municipality of Bayham Section 4.5 sets out the policies for Villages. According to section 4.5.8.4 lands designated as Open Space in private ownership are not necessarily intended to remain as Open Space. Furthermore, if a proposal is made to develop such lands the Municipality may redesignate the lands for development purposes. Section 4.5.8.8 policy requires that written confirmation be provided by the Conservation Authority before allowing lands to be removed from Open Space Designation. The LPRCA has provided written confirmation in support of the redesignation. Based on the above sections the proposed changes are consistent with the Official Plan. 7. Bayham Official Plan Section 6.1.6 Consideration of Amendments (to Hazard Lands) indicates that lands designated Hazard Lands which are under private ownership are not necessarily intended to remain hazard lands and that applications for the redesignation of Hazard Lands for other purposes may be considered by Council after consultation with the Conservation Authority and various Ministries or agencies. The LPRCA has visited the site, reviewed the proposed change and provided written confirmation that they do not object to the proposed change. Based on the LPRCA recommendation the proposed redesignation is consistent with the Official Plan. 8. Based on our review of this application we have no objection to Council approval of Official Plan Amendment No. 24 to change the designation of the lands from Open Space and Hazard Lands to Residential. YauLfiliCcq IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham /of 3 Marg Underhill From: Steve Evans <sevans@elgin.ca> Sent: Tuesday, September 25, 2018 11:03 AM To: Marg Underhill Cc: Paul Riley;William.pol@ibigroup.com Subject: RE: Emerson OPA No. 24 - Draft Circulation Hi Margaret, I have reviewed the planning justification report prepared by David Roe and would offer the following comments: • The report states : "it is intended that this parcel be severed from the remaining farm and be further subdivided into several estate type lots." What is meant by "several"? ® The report references Policy 1.1.3.2 of the PPS which states that Land use patterns within settlement areas shall be based on: 1. Efficiently use land and resources 2. Are appropriate for, and efficiently use, the infrastructure and public service facilities which are planned or available, and avoid the need for their unjustified and/or uneconomical expansion • The lands are located in the settlement area of Vienna where full municipal services are available. However, the planning justification report states that due in part to the extent of the settlement area and natural topography providing these services to the subject lands is not feasible. Is it good planning to allow several residential lots to be established where it is not feasible to provide appropriate services? ® The lands are zoned R1 (h2) which requires that a subdivision agreement which addresses financial and servicing impacts of new development is required prior to the removal of the h2 zone. It appears that the current zoning indicates that new development should be by plan of subdivision. • Draft Official Plan Amendment 24 states in Section 3—In addition, the proposed amendment of the subject land fulfills the intent of Section 4.2.2.1 and Section 4.5.2.2 of the Bayham Official Plan. ® Section 4.2.2.1 of the OP states: This Plan encourages new residential development to consolidate with the existing settlement areas listed in Section 4.1 of the Plan by filling in vacant areas and locating new residential development adjacent to existing built-up areas in a compact and contiguous fashion. • Section 4.5.2.2 states: The municipality support the redevelopment and residential intensification of lands in the "residential"designation where such lands are being underutilized. Such redevelopment of intensification may consist of the uses outlined in Section 4.5.1.1of the Plan and must be capable of being serviced with municipal water and sewer services. Based on the above I would not be able to recommend this Official Plan Amendment for approval in its current form. Please let me know if you have any questions. Thanks 1 Steve Evans Manager of Planning County of Elgin sevans@elgin.ca From: Marg Underhill [mailto:MUnderhill@bayham.on.ca] Sent: September-12-18 11:38 AM To: Steve Evans Cc: Paul Riley; William.pol@ibigroup.com Subject: RE: Emerson OPA No. 24 - Draft Circulation Good Afternoon Steve It was nice seeing you yesterday. Hope today finds you well. In regards to your email of July 17th below, David Roe submitted a Planning Justification Report dated September 10, 2018 to accompany the draft OPA No. 24— Emerson application. Please see this document attached for your information and review. Please provide any further comments at your earliest opportunity. Regards, Margaret Underhill Deputy ClerklPlanning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville ON NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(a7bayham.on.ca W: www.bayham.on.ca °8"11"46, `Discover Bayham in 2018" From:Steve Evans [mailto:sevans@elgin.ca] Sent:Tuesday,July 17, 2018 3:14 PM To: Marg Underhill <MUnderhill@bayham.on.ca> Subject: RE: Emerson OPA No. 24- Draft Circulation Hi Margaret, I checked with Dave Roe on this OPA and he stated that the owners wish to sever the lands that are the subject of this application. I noted that a previous severance was granted on this property in 2016 and David stated that the owners also want to sever off the existing farmhouse and barns. 2 The draft OPA states that the effect of the amendment will allow for residential use of the lands; however it does not limit the development to one residential lot. The draft OPA also states that the re-designation of the subject lands fulfills the intent of Section 4.2.2.1 and 4.5.2.2 by filling vacant and underutilized areas in the Village. In this respect there appears to be a substantial amount of underutilized land in the Village that would not require an OPA for development to be considered. This OPA proposes to utilize the extreme northwest corner of the settlement area where no municipal services currently exist. It would be my observation that the municipality should ensure it obtains a justification report from David Roe that provides more detail on the merits of this proposal. Please let me know if you have any questions. Steve Evans Manager of Planning County of Elgin sevans@elgin.ca From: Marg Underhill [mailto:MUnderhill@bayham.on.ca] Sent: June-29-18 3:31 PM To: Steve Evans Cc: David Roe (dfrfez@bellnet.ca) Subject: Emerson OPA No. 24 - Draft Circulation Good Afternoon Steve Please see the following documents provided as pre-consultation to the County for the OPA No. 24 proposed by Dorothy Emerson: 1. OPA Application — received April 16, 2018 from Agent David Roe 2. Draft Notice of Public Meeting —OPA NO. 24 (date to be determined) 3. Draft Official Plan Amendment No. 24 — Emerson Please review and provide comment back. Once you are satisfied with the draft proposal, the public meeting will be scheduled. If you require something further, please advise. Thank you and enjoy Canada Day weekend! Regards, Margaret Underhill Deputy ClerkiPlanning Coordinator Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville ON NOJ 1Y0 T: 519-866-5521 Ext 222 F: 519-866-3884 E: munderhill(c�bayham.on.ca W: www.bayham.on.ca 3 AMENDMENT NUMBER 24 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 55233 Light Line, Vienna The following text and map schedule constitute Amendment Number 24 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached map schedule change constituting Amendment No. 24 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2018-092, in accordance with Section 17 of the PLANNING ACT, on the 15th day of November 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-092 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 24 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 24 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 15th day of November 2018. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2018-092 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 24 1. PURPOSE The purpose of the Official Plan amendment is to change the land use designation for 1.9 ha (4.7 acres) of land from "Open Space" and "Hazard Lands" to "Residential" on Schedule 'C' Vienna: Land Use and Constraints in the Official Plan of the Municipality of Bayham. The amendment is intended to permit the lands to be used for residential purposes. 2. LOCATION The area affected by this amendment is an irregular portion of land along a creek valley on a farm parcel located on the south side of Light Line and west of Bogus Road in the Village of Vienna and known municipally as 55233 Light Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as undeveloped, treed land within the Village of Vienna, zoned for residential use and proposed for future residential use. Section 4.5.8.4, 4.5.8.8 and 6.1.6 of the Official Plan of the Municipality of Bayham indicate that where land designated as "Hazard Lands" or "Open Space" is under private ownership the lands are not necessarily intended to remain hazard lands or open space indefinitely and that applications for redesignation may be considered by Council after consultation with the Conservation Authority. The Long Point Region Conservation Authority (LPRCA) has provided written confirmation stating no objection to the change after a review of the sketch and site inspection. In addition, the proposed change is consistent with Provincial and County policy based on a review of Provincial Policy Statement 2014 Sections 1.5 and 3.1.1 b) and Elgin County Official Plan Section D3.4. It has been determined that there is an adequate supply of open space lands for future parks and open space purposes available in other areas of Vienna and the LPRCA has determined that the subject lands are not hazardous. 4. DETAILS OF THE AMENDMENT a) Schedule "C" Vienna: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Open Space" and "Hazard Lands" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "C", which shall constitute part of this amendment. b) The lands subject to this Amendment and designated "Residential" may be used, developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 and 4.5 of the Official Plan, as amended. Pefr>,, OFFICIAL PLAN OFFICIAL PLAN AMENDMENT 24 SUBJECT LANDS CHANGED FROM --JAI ! I OF THE "OPEN SPACE"AND"HAZARD \ LANDS"TO"RESIDENTIAL" MUNICIPALITY of BAYHAM I SCHEDULE 'C' -------- 1-- VIENNA: fij LAND USE AINTS 7 - , and CONSTR # I jor . ' '‘'/ ' id.":44fr.101>-'L.-\--- 1 / ,..1 , 9 --, „000 ,,,, ,,1,0i.:3cr---' Olit r_ . / i�• ++� r = ial T qyb , cialnalleff ace',; I!! nts3 . A dill)•:.'' 11# , LE.s4t:_u1-_!-2_, r� ands v ` rh �`f t ; ,', Flood Fringe �1 -, IW 1 do /� Floodway �zu �. 'rl ■ ,it, 4 • Exishng Petroleum Wells t� ; ,� / 1 ' Base Features a ------------.._.j —�, I ' N p.;,`1"— — County Roads ',+' — Local Roads ` tV_ y Watercou se - 410 443, `• .I \ • ; r gr . i i s 6 1 ' 'AI,, 0 120 240 480 ,qqy y�, Metres 8 h� L 1;10,000 ''‘,.*N.'•I`p; of the MunicipalitySchedule 'C. of Ba ham part of Land Imust ici P cY Bay ham be read in conjunction with the wniten text. January 2012 VPXY114 Anippifro., , „,0, REPORT DEVELOPMENT SERVICES 4194)-'4l unity I TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: November 15, 2018 REPORT: DS-64/18 FILE NO. SUBJECT: EDEN DRAIN — BRANCHES B AND C BACKGROUND: On January 3, 2006 the Clerk received a petition for drainage from Steve Van Quathem. On January 12, 2006, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. At some point after the preliminary design was done, the owner of the property put the development on hold. In the early part of 2018 the property was purchased by Martin Dyck who on March 13, 2018 signed the petition for drainage. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowners on April 14, 2018.Shortly thereafter the Engineer began the re-design of a drainage works to achieve the required legal outlet for the lands in question. Engineer's Report# 206114 received from Spriet Associates dated October 31, 2018 was filed with the Clerk on November 2, 2018. This is a unique situation where the owner is paying the entire assessment of the drain and there is no OMAFRA grant available. It is therefore suggested by staff that if Council decides to proceed; that the Consideration, Court of Revision and Award Contract public meetings happen at the next meeting. 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, the Court of Revision held and Contract awarded 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-64/18 regarding the Eden Drain — Branches B and C be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #206114 dated October 31, 2018 for the Eden Drain —Branches B and C, as prepared by Spriet Associates, and filed with the Clerk on November 2, 2018; 3. THAT Council set a date for the Public Meeting to he held on December 20, 2018 at 8:00 pm to consider the Report, hold the Court of Revision and Award the Contract; 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: -r Bill Knifton =�.�,P..way Chief Building Official CAO Drainage Superintendent Municipality of �sY4 BAYHAM 4p_ A: P.O. Box 160, 56169 Heritage Line Straffordville, ON N0J 1Y0 , T: 519-866-5521 rb F: 519-866-3884 04b� o 1}'�y E: bayham@bayham.on.ca 1'tunity IS W:www.bayham.on.ca Municipality of Bayham Winter Control Operations The Municipality of Bayham is making every effort to ensure that winter control operations are met effectively and economically through approved policies and procedures. The Municipality of Barham Winter Operations Plan sets out a policy and procedural framework for ensuring that the Corporation of the Municipality of Bayham continuously improves on the effective delivery of winter maintenance services and the management of road salt used in winter maintenance operations, as outlined in Environment Canada's Code of Practice for the Environmental Management of Road Salts. PRIORITIES The Municipality's winter control procedures are in place to meet or exceed the Minimum Maintenance Standards as set out in the Municipal Act. As such, some roads are given a higher priority. Not all roads will be maintained in the winter to the same degree. The degree of winter maintenance will vary in accordance with the role the road/street plays in the transportation network and its classification according to the Minimum Maintenance Standards. SIDEWALK MAINTENANCE Only select sidewalks are maintained for winter operations. The Municipality does not perform snow removal around community mailboxes; please contact Canada Post for snow removal in this area. WINTER PARKING RESTRICTIONS As per the Municipality of Bayham Traffic By-law, parking is not permitted on any municipal streets from 3:OOam-5:OOam. This ensures the Municipality can completely clear streets of snow and that emergency vehicles can get down the street. DRIVEWAY ENTRANCES As we all anticipate having streets cleared free of snow accumulation, no one looks forward to the pile of snow that's left at the end of the driveway. Plows push the snow along the roadway, and some of the accumulated snow travels along the blade. As the plow moves past a driveway, the snow falls to one side leaving what is called a windrow. It is up to the home owner to clear the snow left behind the plow. Piling snow to the right side of the driveway can help reduce the amount of snow pushed back into the driveway. Standing in the driveway and looking at the street determines the right side. MAILBOXES & SOD DAMAGE The Municipality will replace broken mail boxes only if the snow removal equipment makes physical contact with the mailbox. Landowners are responsible to ensure that mailboxes are securely attached to their post. Heavy snow will knock down a mailbox if it is not properly secured. Plowing snow presents many challenges. It is difficult to tell exactly where the edge of the road/sidewalk is and when the ground is not frozen some sod damage may occur. Generally the Municipality does not conduct repairs to sod within the municipal right-of-way. INNYHi 14r1 -1K:e2111 , Pp ol.tunity ISlto`'`�y Elgin County Land Division Call for Membership Applications The Council of the Corporation of the Municipality of Bayham is seeking persons to apply to serve as the Municipality of Bayham — Elgin County Land Division Representative. The Municipality of Bayham — Elgin County Land Division Representative will fulfill the mandate and purpose of the Elgin County Land Division Committee by determining the viability of Applications for Consent and to make Decisions that reflect sound planning principles, based on their understanding and judgement of the information provided. Elgin County By-law No. 18-35 provides procedures governing the calling, place and proceedings of meetings of the Elgin County Land Division Committee for the County of Elgin. A copy of Elgin County By-law No. 18-35 is attached hereto. Interested individuals may submit an Advisory Board & Committee Application Form to: • Paul Shipway CAOICIerk pshipway@bayham.on.ca OR • Municipality of Bayham 56169 Heritage Line, Straffordville, ON Municipality of Bayham — Elgin County Land Division Representative Applications are due by November 28, 2018 at 4:00PM. $AYH gliikeliotiff -4'111111111111 leer -41111411LIO 0 O„Aoi.tu i5Ito�$5 nity Corporation of the Municipality of Bayham Advisory Board & Committee Member Application Form I am interested in participating as a volunteer on the following boards and/or committee(s): Explain why you would like to serve on each board or committee identified above, including any skills or experience which would be of value to the committee or board: Do you have any experience volunteering? OYES ONO if Yes, in what capacity: We want to ensure persons with disabilities are able to participate on municipal committees. If you have a disability, what accommodations, if any, would you need to carry out this position? Please provide any additional information which may be of assistance in the selection process. Applicants Signature: Date: Municipality of Bayham documents are available in alternate formats upon request. Please fill out the Accessibility Request for Alternate Formats Form at www.bayham.on.ca or contact the Accessibility Coordinator at 519-866- 5521 or at accessibility©bayham.on.ca. NOTE: Personal information on this form is collected under the authority of the Municipal Freedom of Information and Protection of Privacy Act c.M56 s.29(2) and will be used to appoint citizen members to municipal boards, or committees. Information on this form will be disclosed to the public for candidate selection purposes. Questions about this collection should be directed to the Municipal Clerk at the address indicated at the top of the application. COUNTY OF ELGIN By-Law No. 18-35 "A BY-LAW TO PRESCRIBE PROCEDURES FOR GOVERNING THE CALLING, PLACE AND PROCEEDINGS OF THE ELGIN COUNTY LAND DIVISION COMMITTEE" WHEREAS Section 238(2)of the Municipal Act, 2001, S.O. 2001, c. 25, as amended, requires that a local board shall adopt a procedure by-law for governing the calling, place and proceedings of meetings; and WHEREAS the Elgin County Land Division Committee is a local board as defined in the Municipal Affairs Act, R.S.O. 1990, c. M.46. NOW THEREFORE the Municipal Council of the Corporation of the County of Elgin enacts as follows: 1. THAT the procedures governing the calling, place and proceedings of meetings of the Elgin County Land Division Committee, attached hereto as Schedule "A", be and are hereby adopted. 2. THAT this by-law shall become effective upon its passing. 3. THAT By-law 05-24 and any previous by-law inconsistent with this by-law be and are hereby repealed. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 16TH DAY OF OCTOBER 2018. Julie Gonyou, David Marr, Chief Administrative Officer. Warden. -2- SCHEDULE "A" BY-LAW NO. 18-35 PROCEDURES GOVERNING THE CALLING, PLACE AND PROCEEDINGS OF MEETINGS OF THE LAND DIVISION COMMITTEE FOR THE COUNTY OF ELGIN 1. AUTHORITY: Elgin County Council, by By-law No. 2162 dated June 15, 1971, in accordance with provisions in the Planning Act, did constitute and appoint a five-member Land Division Committee and authority to decide planning matters was thereby delegated to said Committee. County Council has the right to alter, amend or revoke these delegated powers as deemed appropriate. On June 10, 2014 County Council adopted a resolution increasing the Land Division Committee to seven (7) members effective January 1, 2015 and that the new Land Division Committee consist of one (1)appointee, either elected or non-elected, from each of Elgin's constituent municipalities. 2. MANDATE AND PURPOSE: The mandate and purpose of the Land Division Committee is to determine the viability of Applications for Consent and to make Decisions that reflect sound planning principles, based on their understanding and judgement of the information provided. Consent may be given if satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. A Decision is to approve or to deny. Statutory requirements governing Consent Authorities are found in Sections 50 through 57 of the Planning Act(Section 53 deals specifically with consents, however, the consent process relates to subdivision of land and other issues and additional sections must be consulted); Ontario Regulation 197/96 (which sets out in more detail what the Planning Act requires when processing applications); and the Provincial Policy Statement. Local Municipal Official Plans and Zoning By-laws; agency correspondence; and public input are also considered. For example, together with necessary modifications, to grant a provisional consent the Committee shall have regard to the following criteria: (a) (i) Does the application conform to the necessary plans and policies? (ii) Does the application contribute toward a development pattern that should be encouraged? (iii) Does the application avoid a need for costly municipal expenditures? (iv) Does the application permit the continuation of safe and efficient traffic patterns and efficient land use? (v) Does the application contribute toward or preserve the visual appearance of the municipality? (vi) Are the physical site characteristics suitable for the use proposed? (vii) Is the site access safe? (viii) Will the proposed use be compatible with surrounding uses? (b) the effect of development of the proposed subdivision on matters of provincial interest; (c) whether the proposed subdivision is premature or in the public interest; (d) whether the plan conforms to the official plan and adjacent plans of subdivision, if any; (e) the suitability of the land for the purposes for which it is to be subdivided; -3- (f) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them; (g) the dimensions and shapes of the proposed lots; (h) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land; (i) conservation of natural resources and flood control; (j) the adequacy of utilities and municipal services; (k) the adequacy of school sites; (I) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes; and (m) the physical layout of the plan having regard to energy conservation. 3. DEFINITIONS: (a) "Committee" means a group of individuals appointed by the County Council, to the Elgin County Land Division Committee, pursuant to provisions of the Planning Act, P.13, R.S.O. 1990, as amended. (b) "Member"means an individual appointed by County Council, to the Elgin County Land Division Committee, pursuant to the provisions of the Planning Act, P.13, R.S.O. 1990, as amended. (c) "Chair" means the Chairman of the Elgin County Land Division Committee, elected from amongst the Members of the Committee at the first general meeting of the Committee of each year and the person responsible for conducting a meeting to consider consent applications. (d) "Vice-Chair" means a Vice-Chairman of the Elgin County Land Division Committee, elected from amongst the Members of the Committee at the first general Committee meeting of each year. The Vice-Chair shall act as and have all the responsibilities of the Chair, in the absence of the Chair. (e) "Secretary-Treasurer" means the Secretary-Treasurer of the Elgin County Land Division Committee, pursuant to the provisions of the Planning Act, P.13, R.S.O. 1990 as amended. 4. CALLING OF MEETINGS All meetings of the Committee, pursuant to Section 239 of the Municipal Act, 2001, S.O. 2001, c.25, as amended, shall be called by the Secretary-Treasurer or by the Chair of the Committee. 5. NOTICE (a) The Notice of an Application for Consent to be considered at a meeting shall be given in a manner that the Committee deems appropriate, in accordance with the provisions of the Planning Act, as amended; O. Reg. 197/96 Section 3; and any regulations passed thereunder. (b) Notice of Application procedures with respect to an application for Validation of Title; Power of Sale and Foreclosure; and for change to conditions shall be the same as the procedures for Consent Applications. -4- (c) Notice of Hearing giving the date on which the Committee will hear the application shall be mailed to the applicant and persons or interested parties who have expressed an interest in the application and requested such notice. In consultation with the Chair, the Secretary-Treasurer may cancel or reschedule a meeting. 6. LOCATION OF MEETINGS All meetings of the Committee shall be held in a meeting room located within the County Administration Building, 450 Sunset Drive, St. Thomas, or another location as directed by County Council. The room shall be identified on the Notice of Hearing that is circulated by the Secretary-Treasurer of the Committee. 7. QUORUM (a) The quorum for the Elgin County Land Division Committee shall be four(4)of the seven (7) members on the Committee. (b) The Chair shall be counted in determining a quorum and shall be entitled to all the rights of a member on the Committee, including voting. The Elgin County Warden (or Deputy Warden), is an Ex-Officio Member of the Committee and shall be entitled to all the rights of a member on the Committee, including voting. (c) If no quorum is present within thirty(30) minutes after the time appointed for a meeting, the Committee Chair or the Secretary-Treasurer may discharge the members present and may cancel or reschedule the meeting and notice for same shall be given. 8. APPLICATION INFORMATION An application information packet shall be provided by the Secretary-Treasurer or designate prior to the meeting for the use of applicants, authorized agents, applicant representatives, Committee Members and anyone having an interest in an application. A copy of the comments received from various agencies shall be made available at the meeting for the Committee members. 9. MEETING PROCEDURES (a) The meeting of the Committee shall be called to order by the Chair of the Committee or the Secretary-Treasurer or a designate of the Committee. (b) Any member required doing so shall disclose any direct or indirect pecuniary interest and state the general nature of such interest and the Secretary- Treasurer shall record such disclosure. Any Member who discloses such a pecuniary interest shall refrain from discussion or voting on the matter. (c) The Secretary-Treasurer or designate shall call for any requests for deferral of an application or for any request for withdrawal of an application. (d) A request for deferral of an application to a later meeting date must be for reasonable cause. The Committee shall set a new meeting date for the consideration of a deferred application and shall indicate any other requirements or conditions for deferral, such as re-notification, amendment or additional required information. (e) The Secretary-Treasurer or designate shall call each application in an order determined by the agenda or in an order determined by the Chair and/or the Committee. -5- (f) The Secretary-Treasurer or Chair will read the application and any comments received from agencies, residents and others who responded to the circulation of Notice of Application. At the discretion of the Chair, the Secretary-Treasurer or designate may summarize the nature of the interests or concerns being expressed. (g) The Chair shall ask the applicant, authorized agent or the applicant's representative to explain the application and offer any further information or comments. (h) The Committee may ask questions of the applicant, authorized agent or applicant's representative at this time. Questions may be asked during the presentation, however, typically questions are put forward by members of the Committee at the conclusion of the presentation. (i) The Chair shall ask the applicant, authorized agent or applicant's representative whether or not he/she is able to indicate consent to the imposition of the conditions should the application be favourably considered. (j) The Chair shall invite anyone else having an interest or concern with respect to the application(s)to come forward and advise the Committee of his or her position. The Committee members may ask questions of those parties expressing an interest or concern. (k) The Chair shall give the applicant, authorized agent or the applicant's representative the opportunity to respond to any comments received from commenting agencies or interested parties. (I) The Committee members may ask additional questions at this time. (m) The Chair shall ask the members of the Committee for a motion with respect to the disposition of each application after all applications presented at the meeting have been considered. Consideration shall include issues raised by the applicant, authorized agencies, applicant's representative(s), respondent(s), planning evidence heard at the meeting, and requirements of the Planning Act and Provincial Policy Statement. The Chair upon receipt of a motion from a Committee member shall ask for a seconder to the motion. (n) The Secretary-Treasurer shall be asked to repeat the motion and any conditions placed on an approval or reasons if the Consent was denied. (o) The Chair shall call for a vote by the Committee on the motion and the Chair shall announce, at the meeting, the Decision of the Committee. (p) Committee members concurring in the Decision of the Committee shall sign the Decision. (q) The Committee shall deal with the business matters in the following order: (i) adoption of Minutes of the previous meeting (ii) business arising out of the Minutes (iii) disclosure of pecuniary interest and the general nature (iv) correspondence (v) business arising from correspondence (vi) new business (vii) new files (viii) set date for next meeting. 10. VOTING All members of the Committee shall vote and each vote shall be counted as one. -6- 11. APPEALS All Consent Appeals to the Local Planning Appeal Tribunal (LPAT)are to be referred to a Solicitor and/or Professional Planner, as deemed appropriate, in order that the Decision of the Land Division Committee is defended at LPAT Hearings. 12. CONDUCT OF MEETINGS AND MEMBERS The conduct of meetings and members, with respect to matters not specifically addressed, shall generally be considered in accordance with the Statutory Powers Procedure Act, c.S 22, R.S.O. 1990, as amended, the Municipal Conflict of Interest Act, c.M 50, R.S.O. 1990, as amended, Robert's Rules of Order, and the County of Elgin Procedural By-law. 13. COMMITTEE REMUNERATION Members of the Committee shall be paid a per diem for attendance at each Committee meeting, travel to attend Committee meetings at the approved County travel rate, and a fee for investigation of applicable applications, which are established by by-law. 14. CONVENTION/WORKSHOP ATTENDANCE A Member may attend a convention/workshop that is relevant to the business of the Land Division Committee. Convention/workshop attendance is subject to budgetary limitations and must be submitted on the County Convention Expense Claim Form. 15. ANNUAL BUDGET An annual budget is established to provide for expenditures of the Committee. Expenditures may not exceed budgetary limitations without the County Council approval. Fees charged for Applications for Consent are designed to meet the anticipated cost to the County to process such Applications and may change from time to time. 16. GENERAL The conditions and policies, as set out in this Policy Manual and the Procedural By- law for the County of Elgin,which relate to the Land Division Committee and which are consistent with this by-law, shall be the conditions and policies for the operation of the Elgin County Land Division Committee. PARENT & CAREGIVER SURVEY ,.., :, Help plan for child care early years programs for rR. children and families in St. Thomas a El, i& County 3 visit hffp ://bit. Iy/CCEY2O1 8Survey Are you a parent? Caregiver? Planning to adopt? Take our survey! You can win one of six $50 gift cards from Walmart DRAW ON NOV. 30, 2018 w viir , . i li erlrew, - _ D , -. 4ST THMAS o- ' t'Q ' . _ , _ ;4,t i.• �2 r J RAILWAY CITY 0 4 } S t ° .'-'t.A _ iii •jl o.. r`F-+I , , : 7---- _ _ --. - - r:-.'- ElginCounty SCAN WITH 'O ressJ i?try Nature g l' PHONE J-1 r LONG POINT REGION CONSERVATION AUTHORITY BOARD OF DIRECTORS MINUTES of October 3, 2018 Approved November 7, 2018 Members in attendance: Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Michael Columbus, Roger Geysens, Noel Haydt, David Hayes and John Scholten Staff in attendance: J. Maxwell, B. Colman, L. Minshall and D. McLachlan Regrets: Robert Chambers and Craig Grice The LPRCA Chair called the meeting to order at 5:35 pm Wednesday, October 3, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DISCLOSURES OF INTEREST None DEPUTATIONS None MINUTES OF PREVIOUS MEETINGS No questions or comments MOTION A-163/18 moved: D. Hayes seconded: D. Brunton THAT the minutes of the LPRCA Board of Directors Regular Meeting held September 5, 2018 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES a) Backus Museum Committee Staff will provide details of the Window Project at the Backus Homestead later in the meeting. 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-164/18 moved: R. Geysens seconded: J. Scholten THAT the minutes from the Backus Museum Committee meeting of September 11, 2018 be received as information. CARRIED CORRESPONDENCE MOTION A-165/18 moved: R. Geysens seconded: L. Bartlett THAT the correspondence outlined in the Board of Directors Agenda of October 3, 2018 be received as information. CARRIED NEW BUSINESS a) 2018 CHRISTMAS OPERATING SCHEDULE Traditionally, LPRCA has closed down operations (except for emergency response) over the Christmas-New Year's period. Staff proposed a similar process for 2018. The Board has traditionally granted a complimentary day off with pay for those staff working that time of year and LPRCA staff will be required to utilize three vacation days for this shutdown period or take time off without pay. MOTION A-166/18 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Board of Directors closes operations (except for emergency response) from December 24/18 to January 1/19 inclusive, and THAT staff working at that time be granted one complimentary day off with pay; and THAT staff be required to utilize three (3) vacation days during the closure period or take unpaid leave - along with three statutory holidays. CARRIED b) BACKHOUSE HISTORIC SITE (BHCA) HOMESTEAD WINDOW RESTORATION There are 19 storm windows in need of replacement on the homestead and there is only one company in the area able to complete the custom woodwork required. Ground floor installation may be completed by staff but the second floor requires professional installation. The total project cost will exceed the budget and staff requested that donated funds be used to make up the shortfall. MOTION A-167/18 moved: W. Casier seconded: N. Haydt THAT the LPRCA Board of Directors waives the purchasing and tendering policy and approves the use of the services of Classic Wood for the Backhouse Homestead window restoration project as outlined in the staff report of September 25th, 2018. 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- AND the LPRCA Board of Directors approves the use of deferred donated funds in the amount of$4,475.36 for the Backhouse Homestead window restoration project to cover the budget estimate shortfall. CARRIED c) PROPOSED CHANGES TO LPRCA SEASONAL AGREEMENT Staff review the park rules on an annual basis and has made thirteen recommendations for the 2019 season as detailed in the report. MOTION A-168/18 moved: D. Hayes seconded: R. Geysens THAT the LPRCA Board of Directors supports the changes to the Seasonal Handbook as recommended. CARRIED John Sholten left the meeting. DEVELOPMENT APPLICATIONS MOTION A-169/18 moved: W. Casier seconded: R. Geysens THAT the LPRCA Board of Director's does now sit as a Hearing Board. CARRIED The roll was called to conduct the following Hearings under Section 28.1(5) of the Conservation Authorities Act. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. a) Hearing LPRCA— 177/18 — Gary and Mary Weber Staff introduced Ms. Weber and presented the staff report. Staff became aware of unauthorized construction of a deck on May 18, 2018. This application was received August 3, 2018 to recognize the construction of a 48m2 deck. The area requested for the construction is in the Lake Erie flood hazard and dynamic beach hazard and is contrary to the LPRCA policies for the administration of O. Reg. 178/06 along the Lake Erie shoreline. The construction of the structure would result in increased property damage due to flooding and the forces of wave action, and also, affects the control of flooding and interferes with dynamic beach processes. Therefore, staff recommended refusal. Ms. Weber bought the property in 2014. She noted that the deck was started at least seven years ago and was built to make the rental property safer as the existing cement deck, poured in stages starting in 1986, had no railings and the base was sloping. 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- Staff and the proponent responded to questions from the Board. There were no other interested parties and no further discussion. The Board moved into a closed session to discuss the matter further. MOTION A-170/18 moved: D. Brunton seconded: D. Hayes THAT the LPRCA Hearing Board does now enter into a closed session to discuss: O advice that is subject to solicitor-client privilege, including communications necessary for that purpose CARRIED MOTION A-171/18 moved: W. Casier seconded: N. Haydt THAT the LPRCA Hearing Board does now adjourn from the closed session. CARRIED Ms. Weber was advised that application LPRCA-177/18 was approved. The Chair gave his opening remarks and reviewed the guidelines and process to be followed for the hearing. b) Hearing LPRCA— 194/18 — Danielle Pierce Staff introduced Ms. Pierce and Mr. Richard Zelinka, agent for the applicant and then presented the staff report. This application was received September 20, 2018 and included a conceptual site plan to build a new vacation home to facilitate sale of the property. The area requested for the construction is in the Lake Erie shoreline flood hazard and is contrary to the LPRCA policies for administration of O. Reg. 178/06. The control of flooding is affected by development in Long Point. Therefore, staff recommended refusal. Mr. Zelinka spoke on behalf of the applicant providing the history of the property noting that the original building had been demolished by the previous owner in 2007 with the intention to rebuild. The previous owner had received a building permit from Norfolk County in 2009 but never proceeded and the new owner took possession in 2011. Mr. Zelinka considered this to be a rebuild which would be permitted. Staff and the proponent responded to questions from the Board. There were no comments from other interested parties and no further questions. The Board discussed the next steps required for the applicant and then passed the following resolution 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-172/18 moved: D. Brunton seconded: D. Beres THAT the Board of Directors approves Permit Application 194/18 (Danielle Pierce) conditional on detailed plans and drawings showing to LPRCA's satisfaction that the LPRCA floodproofing standards and requirements have been met. CARRIED MOTION A-173/18 moved: N. Haydt seconded: L. Bartlett THAT the LPRCA Board of Directors does now adjourn from sitting as a Hearing Board. CARRIED c) Staff Approved applications Staff approved 18 applications since the last meeting. LPRCA-124/18, LPRCA- 146/18, LPRCA-158/18, LPRCA-160/18, LPRCA-166/18, LPRCA-167/18, LPRCA- 170/18, LPRCA-171/18, LPRCA-172/18, LPRCA-175/18, LPRCA-176/18, LPRCA- 185/18, LPRCA-186/18, LPRCA-187/18, LPRCA-188/18, LPRCA-189/18, LPRCA- 190/18 and LPRCA-191/18. It was noted that Application LPRCA-160/18 is located in Port Dover. MOTION A-174/18 moved: D. Hayes seconded: N. Haydt That the LPRCA Board of Directors receives the Staff Approved Section 28 Regulation Applications report as information. CARRIED d) New applications The Planning Department recommended approval for two applications. MOTION A-175/18 moved: R. Geysens seconded: W. Casier 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-174/18 LPRCA-201/18 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- B. That the designated officers of LPRCA be authorized to complete the approval process for this Development Application, as far as it relates to LPRCA's mandate and related Regulations. CARRIED The Chair adjourned the meeting at 7:55pm. 1r/in '. ter: r ,. �1 •? 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 - 6- - EC ! VE DNov 02 2018 November 2,2018 MUNICIPALITY OF BAYHAM Request to the Municipality of Bayham Council for approval to once again build and maintain an outdoor ice-skating rink for the 2018—2019 winter season. Mr.Mayor, Deputy Mayor and Councillors for Wards 1,2&3, As the Volunteer Coordinator of the Straffordville Outdoor Ice-Skating Rink Community Volunteer Group in conjunction with The Healthy Kids Project, I am seeking approval once again to locate,erect and maintain an outdoor ice-skating rink on the concrete pad area to the south of the Straffordville Community Centre for the 2018—2019 winter season. We wish to sweep the concrete pad in preparation to erect the rink framing and also erect the frame on the pad. Making it ready to accept a liner and the initial flooding when appropriate and sustained cold temperatures arrive. The rink frame will be supported by sand bags placed at required areas around the outside perimeter.We will be acquiring a new liner for the rink again this rear. Please note that any costs for materials each year for the rink have been and are funded through the generosity of some local businesses who recognize and support the idea of having an outdoor ice-skating rink available for use by the families and children of Bayham. We never look for any financial support from the municipality. Please note, I have contacted Fire Chief Randy White,Fire Station 2 Chief Perry Grant and Jessica Lang from The Healthy Kids program,all have offered their support, with Council's approval of course. I have reached out to Ed Roloson Manager of Water/Wastewater Operations via e-mail attached, however I haven't received a response to date. Please let it be known that Mr. Roloson has always supported our project for the past 3 seasons and I do expect that he will support again. I'm looking forward to council's approval once again.Should you have any questions, please contact me. Thank you, Ken Andrews Volunteer Coordinator 56107 Heritage Line, Straffordille,ON NOJ 1YO Cell:519-983-3829 e-mail: kandrews6644@yahoo.ca Water usage for community ice-skating rink From: Ken Andrews(kandrews6644@yahoo.ca) To: eroloson@bayham.on.ca Date: Friday, November 02, 2018 09:51 AM EDT Good morning Ed, It's that time again when I'm required to ask the Municipality of Bayham's council for permission to build and maintain an outdoor ice-skating rink on the concrete pad behind the Straffordville community centre. I have spoken with Fire Chief Randy White and Fire Station 2 Chief Perry Grant both are in support of my citizen volunteer group's ice-rink project for the 2018 - 2019 season. I am looking for your support as the Manager of water operations for the municipality as well, for the use of water that we'll require for this project. Please contact me, should you have any questions in this regard. Thank you, Ken Andrews Volunteer Coordinator Straffordville Outdoor Ice-Skating Rink, Community Volunteer Group Healthy Kids Project. SOUTHWESTERN • Elgin St. Thomas Site Woodstock Site PU ic Health Administrative Office WQ dstBuller ,ON 1230 Talbot Street Woodstock,ON St. Thomas, ON 41N4S 4N2 Oxford• Elgin • St.Thomas N5P 1G9 October 31, 2018 As you may be aware, the Smoke-free Ontario Act(SFOA), 2017 was passed by the Government of Ontario in April of this year. When it came into effect on October 17th, 2018, the SFOA, 2017 repealed the existing Smoke-Free Ontario Act (SFOA) and Electronic Cigarettes Act, 2015 (ECA) and replaced them with a single legislative framework. The SFOA, 2017 will regulate the sale, supply, display, promotion and use of tobacco, cannabis and vapour products. Additional substances could be made subject to the SFOA, 2017 by regulation in the future. The SFOA, 2017 and its regulation will prohibit the smoking of tobacco and cannabis and the use of an e-cigarette to vape any substance in all enclosed public spaces and enclosed workplaces, as well as additional prohibited places, such as child care centres, and within 20 metres of children's playgrounds and sports fields, where the smoking of tobacco was prohibited under the SFOA. In addition to a number of spaces which had been prescribed under previous legislation, such as enclosed workplaces and other public places, new prohibitions for the use of these products as defined in the SFOA, 2017 include: • Smoking or vaping on school property and within 20m of the perimeter of school grounds • Smoking or vaping on all bar and restaurant patios and within 9m of their perimeter • Smoking or vaping on recreation facility property and within a 20m perimeter of their grounds Representatives from Southwestern Public Health have begun working with all community stakeholders, including contacting staff at municipalities, to discuss these changes in further detail, in particular the implications for municipal properties, such as recreation facilities, effects on special events, fairs, and festivals, and how they interact with local smoke-free bylaws. Southwestern Public Health's Tobacco Enforcement Officers are designated to enforce this legislation and will continue to work with owners, operators, and proprietors of properties to ensure compliance with provincial requirements. With ongoing communication, collaboration, and a commitment to due diligence, we are confident that compliance can be achieved and maintained. We look forward to working together to support the continued efforts to protect all St. Thomas and Elgin County residents from tobacco and other smoking related harms. If you have any questions, please contact our Tobacco Enforcement Team at 519-631-9900. Sincerely, Ashlyn Brown Health Promoter, Smoke-Free Ontario Southwestern Public Health, St. Thomas Site INNYH44 ►.4 P 4. wr:_41111111.k • REPORT y CAO p�'ul'tunity .11(00-44* TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 15, 2018 REPORT: CAO-74/18 SUBJECT: POST MUNICIPAL ELECTION ACCESSIBILITY REPORT BACKGROUND Section 12 of the Municipal Elections Act, 1996 reads as follows: 12.1 (1) A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. (3)Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. DISCUSSION Prior to the 2018 Municipal Election staff completed the 2018 Municipal of Bayham — Municipal Accessibility Plan, attached hereto as Appendix 'A'. Further, staff assessed all potential polling stations with the 2018 Election accessibility Assessment Form attached hereto as Appendix B'. RECOMMENDATION 1. THAT Report CAO-74/18 re Post Municipal Election Accessibility Report be received for information. Respectfully Submitted by: Paul Shipway CAOICIerk YHA ,„„,„„„imiwik \1111.-- OAportu I�.034. nity Corporation of the Municipality of Bayham 2018 Municipality of Bayham — Municipal Election Accessibility Plan Section 1 - Overview The Accessibility for Ontarians with Disabilities Act, 2005 (AODA) is a provincial statute that allows the government to develop and enforce specific standards for accessibility. The standards, or regulations, are intended to achieve accessibility for persons with disabilities with respect to customer service, transportation, built environment, information/communication and employment. The Corporation of the Municipality of Bayham is committed to providing quality goods, services and facilities that are accessible and inclusive to all persons that it serves. In order to meet the needs of persons with disabilities the Municipality of Bayham will: i. Ensure policies, practices and procedures address dignity, independence, integration, inclusiveness and provide for equal opportunity for persons with disabilities; ii. Allow persons with disabilities to use their own personal assistive devices to obtain, use or benefit from the services offered by the Municipality; iii. Strive to meet the needs of persons with disabilities in a timely manner, at a cost no greater than that for persons without disabilities; iv. Accommodate the accessibility needs of persons with disabilities to ensure they can obtain, use or benefit from the Municipality's goods, services, programs and facilities. The CAOICIerk is responsible for the proper legislative and administrative conduct of municipal and school board elections in the Municipality of Bayham. In accordance with the Municipal Elections Act, 1996, the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA), the CAOICIerk is authorized to establish procedures and provide appropriate measures to ensure that persons with disabilities have the opportunity to participate fully in the 2018 Municipal Elections. Accordingly, the 2018 Municipal Elections will be conducted in such a manner to ensure that: Candidates and Electors with disabilities have full and equal access to all election information and services; ii. Persons with disabilities have full access to Voting Places; iii. Persons with disabilities are able to independently and privately mark their ballot and have access to alternative methods of voting assistance. Section 2 - Municipal Election Act, 1996 The CAOICIerk is responsible for conducting Municipal Elections and establishing policies and procedures to ensure that all electors have the opportunity to fully participate in the 2018 Municipality of Bayham Municipal Elections. The Municipal Elections Act, 1996, as amended states the following: 12.1 (1)A clerk who is responsible for conducting an election shall have regard to the needs of electors and candidates with disabilities. 12.1 (2) The clerk shall prepare a plan regarding the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the plan available to the public before voting day in a regular election. 12.1 (3)Within 90 days after voting day in a regular election, the clerk shall prepare a report about the identification, removal and prevention of barriers that affect electors and candidates with disabilities and shall make the report available to the public. 41 (3)The clerk shall make such changes to some or all of the ballots as he or she considers necessary or desirable to allow electors with visual impairments to vote without the assistance referred to in paragraph 4 of subsection 52 (1). 45 (2) In establishing the locations of voting places, the clerk shall ensure that each voting place is accessible to electors with disabilities. Section 3—Scope The scope of this plan applies to all facilities utilized by the Municipality of Bayham during Municipal Elections. The Municipality of Bayham Municipal Election Accessibility Plan clarifies the application of the Human Rights Code and Accessibility for Ontarians with Disabilities Act, 2005 and complies with Section 45(2) of the Municipal Elections Act. The principal of this plan includes the respect and dignity of electors and integrates election procedures regarding accessibility into the regular election process; providing an equal opportunity for persons with disabilities. Section 4 - Definitions i. `Assistive Device'shall mean a device used to assist persons with disabilities in carrying out activities or accessing the services of persons or organizations; ii. `Barrier' shall mean an obstacle that prevents a person with a disability from fully participating in all aspects of society because of his or her disability, including a physical barrier, an architectural barrier, an information or communications barrier, an attitudinal barrier, a technological barrier, a policy or a practice; iii. `Disability' shall be as defined in the Ontario Human Rights Code and the Accessibility for Ontarians with Disabilities Act, 2005 and include any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co- ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment, or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; a condition of mental impairment or a developmental disability; a learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; a mental disorder: or an injury or disability for which benefits were claimed under the insurance plan established under the Workplace Safety and Insurance Act, 1997. iv. `Discrimination' shall mean unequal treatment based upon any of the prohibited grounds as outlined in the Human Rights Code: Race, Ancestry, Creed, Place of Origin, Colour, Sex (including pregnancy), Ethnic Origin, Citizenship, Sexual Orientation, Age, Record of Offences, Marital Status, Same-sex Partnership Status, Family Status or Disability. v. `Municipality' shall mean the Corporation of the Municipality of Bayham. vi. `Nurse' shall mean a Registered Nurse, Registered Practical Nurse or Nurse Practitioner who is a registered member in good standing with the College of Nurses in Ontario. vii. `Physician' shall mean a physician who is a registered member in good standing with the College of Physicians and Surgeons of Ontario. viii. `Service Animal'shall include: a. A `guide dog', as defined in Section 1 of the Blind Persons Rights'Act; or b. an animal used by a person with a disability if it is readily apparent that the animal is used by the person for reasons relating to his or her disability; or the person provides a letter from one of the following regulated health professionals confirming that the person requires the animal for reasons relating to the disability: • A member of the College of Audiologists and Speech-Language Pathologists of Ontario. • A member of the College of Chiropractors of Ontario. • A member of the College of Nurses of Ontario. • A member of the College of Occupational Therapists of Ontario. • A member of the College of Optometrists of Ontario. • A member of the College of Physicians and Surgeons of Ontario. • A member of the College of Physiotherapists of Ontario. • A member of the College of Psychologists of Ontario. • A member of the College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario c. As defined within legislation ix. `Support Person'shall mean a person who accompanies a person with a disability in order to assist them with communication, mobility, personal care, or medical needs or with access to goods or services. Section 5 - Alternate Formats The Municipality will provide alternate formats of information and communication that is produced or in direct control of the Municipality. Alternate formats will be provided upon request, in a timely manner and at a cost that is no more than the cost charged for the original format. When it is not practicable to provide an alternate format, the Municipality will provide an explanation and a summary of the document in an accessible format. The Municipality will provide communication supports to members of the public upon request. If the Municipality is unable to obtain the requested communication support, the Municipality will work with the individual to determine an appropriate alternative method of communication. In accordance with applicable legislation, the Municipality will ensure that websites and web content are created in a manner keeping with the expectations of the Web Content Accessibility Guidelines 2.0 (WCAG). In the event that it is not practicable to remediate a third party document, for which the Municipality is not in direct control through a contractual relationship, a member of the public may contact the Municipality to arrange for the information to be provided in an accessible format, upon request. The Municipality will consult with the requesting individual to determine suitability of format. Section 6 - Training Training will be provided to Election Officials in accordance with the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The Municipality will retain records of training, including the date on which training is provided, the number of individuals to whom it is provided and the nature of the training that is provided. The names of the individuals trained will be recorded for municipal administrative purposes and all personal information collected will be managed in accordance with the Municipal Freedom of Information and Protection of Privacy Act. The training will be appropriate to the duties of the Election Officials and may include: • An overview of the Ontario Human Rights Code • A review of the Accessibility for Ontarians with Disabilities Act, 2005 • A review of the Integrated Accessibility Standards Regulation (0. Reg 191/11) • Specific review of Integrated Accessibility Standards Regulation requirements, based on the duties associated with the employee. • How to interact and communicate with persons with various types of disabilities • How to interact with persons with disabilities who use an assistive device or require the assistance of a guide dog or other service animal or the assistance of a support person. • How to use equipment or devices available on the Municipality's premises or otherwise provided by the Municipality that may help with the provision of goods, services or facilities to a person with a disability. • What to do if a person with a disability is having difficulty accessing the Municipality's goods, services or facilities. Section 7 - Service Disruptions The Municipality will make reasonable effort to provide notice of a disruption to the public, including information about the reason for the disruption, its anticipated duration, and a description of alternative facilities or services, if any, that may be available. The Municipality will make reasonable effort to provide prior notice of planned disruption whenever possible, recognizing that in some circumstances such as in the situation of unplanned temporary disruption, advance notice will not be possible. In such cases, the Municipality will provide notice as soon as practicable. The notice will be placed on the Municipal website and by any other method that is reasonable and applicable under the circumstances. Section 8 - Support Persons The Municipality is committed to welcoming persons with disabilities who are accompanied by a support person. Any person with a disability who is accompanied by a support person will be allowed to enter the Municipality's premises with their support person. At no time will a person with a disability who is accompanied by a support person be prevented from having access to their support person while on Municipal premises. Persons with disabilities may be accompanied by a support person within the Voting Place. In addition, the Deputy Returning Officer in each Voting Place can assist the voter in casting their vote. Prior to entering the voting booth, the Deputy Returning Officer shall, in conjunction with the person with the disability, determine the extent to which they need assistance and the best way in which this assistance can be provided. This may include actually marking the ballot as directed by the person with the disability. All Deputy Returning Officers are sworn to an oath of secrecy. Section 9 - Service Animals Electors requiring service animals are permitted to be accompanied by a service animal at all voting locations. The Municipality is committed to welcoming persons with disabilities who are accompanied by a service animal on those parts of Municipal premises that are open to the public and other third parties provided the animal is not otherwise excluded by law. If a service animal is excluded by law, the Municipality will ensure that alternate means are available to enable the person with a disability to obtain, use or benefit from the Municipality's goods and services. If it is not readily apparent that the animal is a service animal, the Municipality may ask the person with the disability for a letter from a physician or nurse confirming that the person requires the animal for reasons relating to the disability. The Municipality may also, or instead, ask for a valid identification card signed by the Attorney General of Canada or a certificate of training from a recognized guide dog or service animal training school. If proper documentation is not produced, the person with the disability may be asked to remove the animal from the premises. It is the responsibility of the person with the disability to ensure that their service animal is kept in control at all times. This will include controlling the behavior of the animal (e.g. barking or growling), cleaning up after the animal (e.g. defecation) and being responsible for any damage the animal may cause to Municipal property. Section 10 - Use of Assistive Devices A person with a disability may provide their own assistive device for the purpose of obtaining, using and benefiting from the Municipality's goods and services. Exceptions may occur in situations where the Municipality has determined the assistive device may pose a risk to the health and safety of a person with a disability or the health and safety of others on the premises. In these situations, the Municipality may offer a person with a disability other reasonable measures to assist him or her in obtaining, using and benefiting from the Municipality's goods and services where the Municipality has such other methods available. It should be noted that it is the responsibility of the person with a disability to ensure that his or her assistive device is operated in a safe and controlled manner at all times. Section 11 - Accommodation The following accommodation principle is applicable to 2018 Municipal Election Officials. The Municipality of Bayham is an equal opportunity employer. The Municipality's commitment to a holistically inclusive work environment and universal accommodation extends to all employment activities: recruitment and selection, orientation, working conditions, promotion, training, performance management, career development and workforce transition. It also includes the purchase and management of information technology and communication systems, development and management of information services, decisions relating to real property, purchases of internal fittings, and decisions related to conferences, seminars and training. The Municipality of Bayham is an Equal Opportunity Employer If you require accommodation at any time throughout the employment activities process, please contact us at: 519-866-5521, accessibility@bayham.on.ca or by visiting www.bayham.on.ca and we will make every effort to provide appropriate assistance pursuant to the Municipality of Bayham Employment Activities Accommodation Policy. Section 12—Assistance to Electors VOTING BY PROXY A person with a disability that is unable to attend a Voting Place may appoint another person to act as a voting proxy to cast a ballot on his or her behalf. The appointment must be made on the prescribed form available at the Municipal Office. The person being appointed as a proxy will be required to take a statutory declaration before a Commissioner of Oaths. Once completed, the voting proxy may be exercised at any advance voting location or on Voting Day. The appointment of a proxy may only be made after 2:00 p.m. on Nomination Day, July 27, 2018 and does not remain in force after Voting Day. VOTING LOCATIONS A checklist has been created to ensure that each voting location has been properly inspected and that the voting location is adequately suitable to conduct an election taking into consideration accessible features. PARKING Designated parking for persons with disabilities will be available close to the entrance of voting locations, where possible. Accessible parking spaces will be clearly marked and will be on firm and level ground. Routine checks will be made to ensure all entrances remain barrier free through the course of the day. Section 13 - Campaign Expenses Expenses that are incurred by a candidate with a disability that are directly related to the disability, and would not have been incurred but for the election to which the expenses relate are excluded from the permitted spending limit for the candidate in accordance with the Municipal Elections Act. Section 14- Feedback Process The ultimate goal of the Municipality is to meet and surpass public expectations pertaining to public service. Comments on Municipal services regarding how well those expectations are being met are welcome and appreciated on the Municipal Website as they may identify areas that require change and encourage service improvements. The Municipality is committed to developing accessibility policies that respects and promotes the dignity and independence of persons with disabilities. Therefore, no changes will be made to this policy before considering the impact on persons with disabilities. This policy exists to achieve service excellence to persons with disabilities. If questions exist about the policy, or if the purpose of a policy is not understood, an explanation will be provided by the Administration of the Municipality of Bayham. Section 15 - Post-Election Within 90 days of voting day, the CAOICIerk shall submit a report to Council about the identification, removal and prevention of barriers that affect electors and candidates with disabilities Section 16 - Contact Information For additional information or clarification please do not hesitate to contact the Municipality of Bayham Election Resource Staff: Paul Shipway CAOICIerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 pshipway@bayham.on.ca Margaret Underhill Planning CoordinatorlDeputy Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 munderhill@bayham.on.ca Brenda Gibbons Deputy Clerk Municipality of Bayham 56169 Heritage Line, PO Box 160 Straffordville, ON NOJ 1Y0 Office: (519) 866-5521 bgibbons(a�bayham.on.ca 1 vr jigII YH4 W ��ti rrtmalli211111k 1611. °4c. poi"tunity ism a 2018 Election Accessibility Assessment Form Location: Date: Name(s) of Assessor: Section 1 — Parking 1. Parking available? Yes Q No n Comments: 2. Number of parking spaces: 3. Parking space(s)for persons with disabilities? Yes Q No n Comments: 4. Surface of parking firm and level? Yes Q No n Comments: 5. Parking lit? Yes Q No ❑ Comments: Section 2 — Building Exterior 6. Sloping sidewalk (Curb cut)? (Yes/No) Yes (l No n Comments: 7. [Mandatory accessibility criterial Surface of the pathway is firm and obstacle free? Yes Q No n Comments: 8. [Mandatory accessibility criterial Pathway is at least 920 mm (36")wide? At the narrowest point the pathway measures: Yes ❑ No ❑ Comments: 9. Pathway is free of a long slope? (Yes/No) Yes n No n Comments: 10. Pathway is free of a steep incline? Yes n No ❑ Comments: 11. [Mandatory accessibility criteria] Building provides a level access to the entrance? (no steps) Yes ❑ No ❑ Comments: 12. Level access ramp is provided? Yes ❑ No ❑ Comments: 13. If there is a level access ramp, it provides: o Handrail? Yes❑ No❑ Comments: o Non-slip surface? Yes❑ No❑ Comments: o Clear width of 920 mm (36")? Yes❑ No❑ Comments: o What is the width of the ramp? o A slope of no more than 4.80° Yes❑ No❑ Comments: o Indicate the steepest result: (# of degrees) 14. [Mandatory accessibility criteria] Exterior building lighting? Yes ❑ No ❑ Comments: 15. [Mandatory accessibility criteria] Building exterior is free of any protruding objects? Yes ❑ No ❑ Comments: 16. There is signage to locate the level access entrance? Yes ❑ No n Comments: Section 3 — Building Entrance 17. [Mandatory accessibility criteria] Exterior door has a clear opening width of 810 mm (32")? Yes n No Opening width of this door measures: 18. Door handles are easy to grip? Yes ❑ No ❑ Comments: 19. [Mandatory accessibility criteria] Door threshold meets maximum standard of 6 mm (1/4")? Yes ❑ No ❑ Comments: 20. An automatic door opening device is provided Yes n No n Comments: 21. [Mandatory accessibility criteria] Weight of the entrance door allows it to be easily opened? Yes ❑ No ❑ Comments: 22. Door gives immediate access to the voting room? Yes ❑ No Comments: Section 4— Building Interior 23. [Mandatory accessibility criteria] Interior door(s) has a clear opening width of 810 mm (32")? Yes ❑ No ❑ Interior door opening width measurements: 24. Door handles are easy to grip? Yes n No n Comments: 25. Automatic door opening devices are provided for interior doors? Yes ❑ No ❑ Comments: 26. [Mandatory accessibility criteria] Weight of interior doors allows them to be easily opened? Yes ❑ No ❑ Comments: 27. [Mandatory accessibility criteria] Door threshold meets maximum standard of 6 mm (1/4")? Yes ❑ No n Comments: 28. [Mandatory accessibility criteria] Corridors have a minimum width of 920 mm (36")? Yes ❑ No n Minimum width of the corridors measures: 29. [Mandatory accessibility criteria] Interior of the building is free of any protruding objects? Yes ❑ No ❑ Comments: 30. [Mandatory accessibility criteria] Voting room is on the same level as the entrance? Yes ❑ No n Comments: 31. If no, electors can access the voting room using an elevator or a level access ramp? Yes ❑ No n Comments: 32. If use of an elevator is required, is a key necessary to operate it? Yes ❑ No n Comments: 33. If electors must use a ramp to access the voting room, this ramp provides: o Handrail? Yes❑ No❑ Comments: o Non-slip surface? Yes❑ No❑ Comments: o Clear width of 920 mm (36")? Yes❑ No❑ Comments: o What is the width of the ramp? o A slope of no more than 4.80° Yes( ) No( ) Comments: 34. [Mandatory accessibility criteria] Interior lighting works? Yes ( ) No ( Comments: 35. Wheelchair accessible washroom Yes ( ) No ) Comments: 36. Are there any grab bars? Yes n No ( ) Comments: Section 5— Overall evaluation 36. Does this site meet all the mandatory criteria? Yes ( ) No n Comments: 37. If not, is it possible to modify the site so that it will meet all the mandatory criteria? Yes ( ) No ( ) Comments: Section 6 — General Comments Additional comments and hazards or obstacles (such as edges, pot holes, or wide cracks) not already mentioned. .4‘014111lipol...co, • REPORT op4116 �o��� CAO pol_tunity Is TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 15, 2018 REPORT: CAO-75/18 SUBJECT: ACCESSIBILITY PLAN UPDATE —STATUS REPORT BACKGROUND The Accessibility for Ontarians with Disabilities Act (AODA) received Royal Ascent on June 13th, 2005 and is legislation which impacts persons, businesses and other organizations across Ontario in both the Public and Private sector. The main purpose of the legislation is the achievement of accessibility for all Ontarians with disabilities with respect to goods, services, facilities, accommodation, employment, building structures and premises on or before January 1st, 2025, by developing, implementing and enforcing standards of accessibility. Compliance is mandatory and the Act has strong enforcement provisions including inspections, orders and significant penalties. On March 19, 2015 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO 17-15 re Municipality of Bayham —Accessibility Plan-Policies be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to adopt the Municipality of Bayham Accessibility Plan — Policies; AND THAT the Municipality of Bayham Accessibility Plan — Policies be posted on the website. AND THAT By-law No. 2009-079 be repealed in its entirety. On April 2, 2015 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2015-040, being a by-law to adopt Accessibility Plans-Policies. Through By-law No. 2015- 040 the Municipality committed to continued improvement of accessibility to its facilities and services for residents, visitors and staff with disabilities and to the participation of persons with disabilities in the development and review of its policies and procedures. On December 1, 2016 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-79/16 re Accessibility Plan Update—Status Report be received for information. AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to bring forward a by-law to amend the Municipality of Bayham Accessibility Plan - Policies; AND THAT the Municipality of Bayham Accessibility Plan - Policies be posted on the municipal website. On November 16, 2017 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report CAO-75/17 re Accessibility Plan Update– Status Report be received for information. AND THAT the 2017 Municipality of Bayham Accessibility Plan – Status Update be posted on the municipal website. The Municipality is required to prepare an annual status report on the progress of measures taken to implement the strategies outlined in the multi-year accessibility plan. The annual status report is attached hereto, forming the final page of Appendix 'A'. RECOMMENDATION 1. THAT Report CAO-75/18 re Accessibility Plan Update– Status Report be received for information. 2. AND THAT the 2018 Municipality of Bayham Accessibility Plan – Status Update be posted on the municipal website. Respectfully Submitted by: Paul Shipway CAOICIerk The Corporation of the Municipalityof Bayham 2015-2020 Multi-Year Accessibility Plan December 2018 O. -"tlir)11r:16.. -4111111411111111111111 • • Submitted to: Mayor and Members of Council Municipality of Bayham ktr F L • i v { 464 i'+ 4 . S T , air..' •�' ' - • y' .� � � tib— L �_ • # . f NT�fi'.f• *' -b• 1:. •. ' may` .`.., * - ;k:vidt IN,"• .. • 9.,_ f _ , ., _ Aikik .;e....I+CYT , • ..• - '•. -2.t_ CI ••••0!"74.. ' T■ i • : • Fi. Limil__.. . ...... . . 17 '7.1.;"t 4 ry: , Wish ...." . =I . - , ..yq. ys •- IlliEl"- •4. 1 TABLE OF CONTENTS 1. EXECUTIVE SUMMARY 1 2. GOVERNING LEGISLATION 2 3. COMMITMENT TO ACCESSIBILITY PLANNING 4 4. HOLISTIC ACCESSIBILITY, INCLUSION & YOU 5 5. IMPORTANCE OF ACCESSIBILITY & INCLUSION 6 6. ACCESSIBILITY PARTNERSHIP IN ELGIN COUNTY & BEYOND 7 7. BARRIER EXAMPLES 8 8. REVIEW & MONITORING PROCESS 10 9. COMMUNICATION OF THE PLAN 11 10. GLOSSARY 12 11. APPENDICES Appendix 'A' 15 Appendix 'B' 19 Executive Summary The need to improve accessibility is becoming more pronounced in • Ontario as the population ages and / - ; • ..� the labour force shrinks. According . ' • 14, to the Ministry of Community and `' { Social Services, approximately J•1.85 million people or 15.5% of . . ' people in Ontario have some type F m' of disability; that is 1 in every 7 Ontarians. By 2036, that number will rise to 1 in 5 as the population ages. In the next 20 years, the aging population and people with disabilities will represent 40% of the total income in Ontario, that's $536 billion dollars (Ontario Population Projections 2008-2036, Fall 2009 Ministry of Finance Report). A University of Toronto study further concluded that disability tends to increase with age, with the highest incidence of occurrence among individuals forty-five years of age and older. It is important to note the increasing aging population in the Municipality of Bayham, as older persons have higher tendencies to experience declining functional abilities. Accordingly, the 2011 Census revealed that 2,680 people, or 38% of the population of the Municipality of Bayham are forty-five years of age or older. This statistic provides the impetus for removing and preventing barriers in the Municipality of Bayham to allow for holistic accessibility and inclusion. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan was prepared in order to meet the obligations of the Ontarians with Disabilities Act, 2001 (ODA) and the Accessibility for Ontarians with Disabilities Act, 2005 (AODA). The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan reviews earlier efforts to remove and prevent barriers to people with disabilities and identifies the measures to be undertaken in the coming years to increase accessibility and inclusion in the Municipality. The 2015-2020 Municipality of Bayham Multi-Year Accessibility Plan also describes how the Municipality of Bayham will make the Multi-Year Accessibility Plan available to the public, provide opportunity for feedback and strive towards a holistically accessible and inclusive Municipality. 1 Governing Legislation There are two pieces of broad legislation in Ontario that speak to accessibility for individuals with disabilities as well as impact directly on the Municipality. The Ontarians with Disabilities Act, 2001 (ODA) directs that municipalities with more than 10,000 residents appoint Accessibility Advisory Committees as well as create and make public an annual accessibility plan. More recently, the Province passed the Accessibility for Ontarians with Disabilities Act, 2005 (AODA) which also includes the (111.11 development of mandatory accessibility standards that will identify, remove and prevent barriers for people with disabilities in key areas of daily living. Enforceable requirements will ensure the removal of these barriers in both the public and private sectors with the aim of a fully-accessible province by 2025. These accessibility standards include: • Accessible Customer Service Standard This standard ensures that goods and services are provided in a manner that takes into account persons with disabilities. Requirements include policy development and extensive training thereof for all employees who deal directly or indirectly with the public. The training is key in assuring accessible customer service is provided by the Municipality. • Integrated Accessibility Standard Areas of information and communication, employment and transportation often contain barriers for persons with disabilities. The Accessibility Directorate determined that these three key areas will be combined and the accessibility requirements identified in a single regulation. Compliance deadlines vary according to the type of organization and the particular component of each individual requirement, i.e. Communications & Information, Transportation or Employment. 2 • Built Environment Standards The Accessibility Standards for the Built Environment focus on removing barriers in two areas: Ontario Building Code Ontario's Building Code was amended to include enhancements to accessibility in buildings. As of January 1, 2015, new construction and renovations will be subject to updated accessibility requirements. Accessibility Standard for the Design of Public Spaces The standard for the design of public spaces only applies to new construction and major changes to existing features. The standard covers: i. Recreational trails/beach access routes ii. Outdoor public eating areas like rest stops or picnic areas iii. Outdoor play spaces, like playgrounds in provincial parks and local communities iv. Outdoor paths of travel, like sidewalks, ramps, stairs, curb ramps and rest areas v. Service-related elements like service counters, fixed queuing lines and waiting areas 3 Commitment to Accessibility Planning The Council of the Municipality of Bayham is committed to: • The continual improvement, over time, of access to all municipal facilities, programs and services for those with disabilities, while having regard for the financial constraints faced by the Municipality. • The concept of universal design which makes the environment more user friendly for everyone. • The provision of quality Municipal services to all members of the community. • Accessibility training • Incorporating accessibility into the daily functions of all employees The process of accessibility planning is one that is never complete. Staff, Council and the Public are continually involved in discussions regarding accessibility planning year- round. The Municipality of Bayham Accessibility Plan provides the opportunity to demonstrate current achievements in accessibility and to establish implementation framework and future priority initiatives. Please refer to Appendix 'A' attached hereto to review the Municipality's current achievements in accessibility and inclusion. Please refer to Appendix `B' attached hereto to review the Municipality's future priority initiatives to improve accessibility and inclusion. .a' I is 404,1, PRHD BODSWDR78III - ' .id m. ,�'.«.eu✓.,,oa£i .�,..c.'zs`�^.S.F .,..Ac.'.uu 4 Holistic Accessibility, Inclusion & You Recognizing that the Municipality of Bayham, organizations, businesses, and community agencies (including businesses and organizations that provide services, supplies or products, to, or on behalf of the Municipality of Bayham) set the tone for the community, the Municipality will do the following and encourage other organizations to do the same: • ensure that this policy is widely communicated and that all employees, and others to whom the policy applies, understand its intent; • ensure that existing policies and practices, including employment policies, are built upon non-discriminatory bases such as merit; that future policies and practices meet the objectives of this policy; and that revisions are communicated to the entire organization; • review current practices to ensure that every person is treated without discrimination and to eliminate barriers in accessing goods and services; • seek opportunities to involve people of diverse backgrounds in the design, use and evaluation of goods and services; • provide training and involve staff and volunteers in activities designed to promote an awareness, acceptance, and celebration of accessibility and inclusion; • establish mechanisms to ensure that discrimination and harassment are not encouraged or tolerated; • monitor organizational compliance with this policy; and lead by example. What can you do? • recognize that social change begins with individual change; you can, as a resident or visitor of the Municipality of Bayham, initiate change; • evaluate your own actions and preconceived biases and ideas about accessibility and inclusion; • educate yourself, volunteer your time and participate in activities which will broaden your experience with accessibility and inclusion; • encourage and support the development of programs and projects that promote holistic accessibility and inclusion; • advocate for both the elimination of barriers and discrimination and the celebration of accessibility and diversity within your own workplace and community; • challenge barriers and discrimination when you experience them or become aware of their existence. 5 Importance of Accessibility & Inclusion? • When we encourage the full and active participation of every person, we are drawing on the diverse life experiences and points of view of our fellow citizens, which leads to innovative solutions; • When we promote the Municipality of Bayham as a diverse Municipality that is welcoming of all people, the Municipality is more competitive in the economic marketplace and more attractive as a destination for visitors and new residents; • When we respect, value, and nurture accessibility and inclusion as an exciting and integral part of our collective experience and identity, we can strengthen and create a safe, healthy, and vibrant community; • In order to enjoy the benefits of a holistically accessible and inclusive community, we need to address barriers that impede equal participation, work toward the elimination of bias, prejudice and discrimination • (which can be intentional, unintentional or systemic). Responsibility Every resident, organization, institution, agency, government and individual has an opportunity to make this plan successful. We are all leaders. This plan is designed to create plenty of opportunities for all voices to be heard and new leaders to emerge. 6 Accessibility Partnership in Elgin County & Beyond All lower tier Elgin County Municipalities utilize the Accessibility Coordinator services provided by Elgin County. Elgin County coordinates regular meetings with local municipal accessibility staff, which provides the opportunity to share best practices and information. Additionally, Accessibility Coordinators meet regularly with staff counterparts across the County and Southwestern Ontario to discuss ongoing planning and implementation. The Municipality of Bayham Accessibility Coordinator is also a member of the Ontario Network of Accessibility Professionals (ONAP), a group comprised primarily of staff responsible for accessibility planning in the municipal sector. The network provides the opportunity to share accessibility planning resources and initiatives across the province. 1 . .J LMINIJ accessibility (!li‘i, ° it ] 1 1 f Barrier Examples The intent of the Multi-Year Accessibility Plan is to prevent, identify and remove barriers. Barriers are obstacles that stand in the way of people with disabilities from being able to do many of the day-to-day activities that most people take for granted. A barrier is defined as anything that prevents a person with a disability from fully participating in all aspects of society because of the disability. The traditional definition of a barrier used in the context of accessibility has been expanded to include obstacles beyond physical boundaries. There are several other categories of barriers to consider, such as • Environmental Barriers: features, buildings or spaces that restrict or impede physical access. For example, a doorway that is too narrow to accommodate entry by person in a motorized scooter. • Communication Barriers: obstacles with processing, transmitting or interpreting information. For example, print on a brochure that is too small to read or documents not available in alternative formats. • Attitudinal Barriers: prejudgments or assumptions that directly or indirectly discriminate. For example, assuming that all visually impaired persons can read Braille. • Technological Barriers: when technology cannot or is not modified to support various assistive devices and/or software. For example, a website that does not provide for increased text size or contrast options. • Systemic Barriers: barriers within an organization's policies, practices and procedures that do not consider accessibility. For example, listing a driver's licence as an employment qualification for an office position may prohibit persons with visual impairments from applying. Members of Council, Municipal staff and Committee members must keep in mind that barriers can be either "systemic" or "specific"; that is, barriers that are prevalent throughout the Municipality or are just specific to one process or facility. 8 Two examples are: A Systemic Barrier: Job postings and public meeting notices are advertised in local newspapers and on the website. As the Municipal website does not have a program for the visually impaired, and visually impaired residents may not be able to read the newspaper, not all residents or viewers have equal access to the information. A Specific Barrier: There is no accessible entrance at the Vienna Community Centre, therefore any person unable to utilize the stairs is prevented from participating in events hosted at the Community Centre. tia iiev is. a 4 a I sl _ 1 1 a 1 a a �a 1 . 41H 9 Review & Monitoring Process The Accessibility Plan is intended as a working document. Comments and recommendations will be noted throughout the upcoming year. These comments and recommendations will then be taken into account during the compilation of the 2016 Annual Accessibility Plan. Accessibility improvements, ideologies and benchmarks continue to be solidified with planning concepts that develop into Municipal procedures and processes. User Testing for Web Accessibility Additional evaluation and reporting efforts include: • Annual review of the Multi-Year Accessibility Plan and preparation of a progress report. • Annual progress report prepared for Council to identify progress of the Plan's implementation, accomplishments and achievements; posted online and available in alternative formats upon request. ▪ Compliance reports submitted to the Accessibility Directorate of Ontario, which regulates compliance for all Ontario Organizations 10 Communication of the Plan Feedback is an integral part of the evaluation process. The Municipality of Bayham will continue to review and expand consultation strategies to engage key groups in providing accessibility related feedback, including people with disabilities. Members of the public are encouraged to make comments on the Municipality of Bayham Multi-Year Accessibility Plan and accessibility matters in general. There are a number of ways you can contact the Municipality of Bayham to express your accessibility related comments including contacting the undersigned. The Corporation of the Municipality of Bayham 56169 Heritage Line Bayham ON NOJ 1Y0 Phone: 519-866-5521 Email: accessibility@bayham.on.ca The 2015-2020 Multi-Year Accessibility Plan will also be available in the following locations: Report to Council: Initially, this Accessibility Plan will be made available through a report to Council. Website: The 2015-2020 Multi-Year Accessibility Plan can be accessed through the Municipality of Bayham website www.bayham.on.ca 11 Glossary Accessibility: In a context relating to people with disabilities, the term can be defined as the degree with which people with disabilities are able to access the functionality, and possible benefit, of some system or entity. Essentially, `Accessibility' refers to the potential for a product or service to be beneficial to as many people as possible. Accessibility for Ontarians with Disabilities Act, 2005 (AODA): Legislation enacted by the Province of Ontario in June of 2005, that provides the framework by which certain accessibility standards will be developed to ensure that businesses and organizations maintain practices and provide goods and services in a manner that is accessible to everyone including people with disabilities. The goal of the AODA is to build on the framework of the ODA, establish enforceable and qualitative standards in order to assist in developing a "fully accessible" province by 2025. Accessible Formats: May include, but not limited to large print, recorded audio and electronic formats, Braille and other formats useable by persons with disabilities. Assistive Device: Any auxiliary tool, aid, technology or other mechanism that enables a person with a disability to do everyday tasks and activities such as moving, communicating or lifting; assists in accessing goods, services or information and helps the person to maintain independence. Examples include but are not limited to: communication aids, cognition aids, personal mobility aids, and medical aids. Barrier: Anything that prevents a person with a disability from fully participating in all aspects of society due to their disability. The definition is not limited to structural or physical impediments, it can also relate to various other obstacles such as systemic, attitudinal, technological, informational, etc. Designated Public Sector Organization: Every municipality and every person or organization listed in Column 1 of Table 1 of Ontario Regulation 146/10 (Public Bodies and Commission Public Bodies — Definitions) made under the Public Service of Ontario Act, 2006. 12 Disability: The ODA and AODA both adopt the broad definition for disability that is set out in the Ontario Human Rights Code, "Disability" is: • Any degree of physical disability, infirmity, malformation or disfigurement that is caused by bodily injury, birth defect or illness and, without limiting the generality of the foregoing, includes diabetes mellitus, epilepsy, a brain injury, any degree of paralysis, amputation, lack of physical co-ordination, blindness or visual impediment, deafness or hearing impediment, muteness or speech impediment or physical reliance on a guide dog or other animal or on a wheelchair or other remedial appliance or device; • A condition of mental impairment or a developmental disability; • A learning disability, or a dysfunction in one or more of the processes involved in understanding or using symbols or spoken language; • A mental disorder; or. • An injury or disability for which benefits were claimed or received under the insurance plan established under the Workplace Safety and Insurance Act, 1997; ("handicap"). Information: Includes data, facts and knowledge that exist in any format, including text, audio, digital or images, that convey meaning. Multi-Year Accessibility Plan: A program and itemization of forecasted initiatives to identify past achievements with respect to improving accessibility for people with disabilities, formulating future goals and providing a context by which both can be assessed and evaluated. Ontarians with Disabilities Act, 2001 (ODA): Legislation enacted by the Province in November of 2001 to `improve opportunities for persons with disabilities and provide for their involvement in the identification, removal and prevention of barriers'. The ODA required municipalities with more than 10,000 residents to develop an Accessibility Advisory Committee and to submit an annual Accessibility Plan to the province. The AODA will eventually replace the ODA; however, a date for its repeal has not yet been determined. Ontario Human Rights Code: A provincial law in Ontario that gives all citizens equal rights and opportunities without discrimination in specific areas such as employment, housing and services. The Human Rights Commission was established as an oversight and appeal body in relation to the law. Prior to the ODA being enacted in 2001, the Human Rights Code was the only applicable legislation to uphold accessibility rights. 13 Ontario Regulation 429/07 (Accessible Customer Service Standard): The first standard to be released under the AODA which took force and effect for all public organizations on January 1, 2010 and private organizations on January 1, 2012. The standard mandates the development of policies, practices and procedures in the areas of communication, notice for disruption of services, service and support animals, assistive devices, training and customer feedback in relation to the core principles of the standard; dignity, independence, integration and equal opportunity. Ontario Regulation 191/11 (Integrated Accessibility Standards): The second standard to be released under the AODA which took force and effect for all public organizations on July 1, 2011. The standard consolidates the development of policies, practices and procedures in the areas of information and communications, employment and transportation within a phased implementation schedule. Redeployment: The reassignment of employees to other departments or jobs within the organization Standard: The criterion establishing what a person or organization must accomplish to achieve the minimum level of compliance. Accessibility Standards will be legislated by way of Ontario Regulations pursuant to the AODA. Web Content Accessibility Guidelines (WCAG): International guidelines to ensure consistent web accessibility; the World Wide Web Consortium recommendation, dated December 2008, entitled "Web Content Accessibility Guidelines" (WCAG) 2.0. 14 Accessibility for Ontarians with Disabilities Act Legislation Ontario Regulation 191/11 — The Integrated Accessibility Standards Ontario Regulation 429/07 — Accessibility Standards for Customer Service The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's compliance with the various regulations stemming from the Accessibility for Ontarians with Disabilities Act. The Municipality has taken a proactive approach to compliance with the legislation and regulations and is on track to satisfy all requirements under the Accessibility for Ontarians with Disabilities Act by January 2014. The Municipality's compliance with the legislation will allow resources to be directed towards increasing policy and program efficiency and effectiveness, while also reaching out into the community to assist the private sector with legislative compliance in an effort to make the Municipality of Bayham holistically accessible and inclusive. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2010 Accessibility Standards for Customer Service: CAO The Municipality is in compliance with this Establishment of policies, practices and requirement procedures regarding Accessible Customer Service Procedure, Service Animals and Support Persons Procedure, Disruption in Municipal Service Procedure, Feedback Mechanisms Procedure and the Accessible Customer Service Feedback Form. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January Emergency Procedure, Plans or Safety CAO The CAO will arrange to 2012 information: provide emergency information in accessible Provide or arrange for the provision of formats upon request. accessible formats and communication supports for persons with a disability, as soon This requirement relies as is practical upon request. on the use of the Alternate Formats Policy The Municipality is in compliance with this requirement 15 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2012 Workplace Emergency Response: CAO The Municipality of Bayham Workplace Provide individualized workplace emergency Emergency Response response information to employees who have a Procedure is an internal disability, if the disability is such that the policy available to all individualized information is necessary and the Municipal staff and is employer is aware of the need to provide circulated to new accommodation. employees during orientation and to If employee requires assistance,with the existing employees once employee's consent, the employer shall provide a year. the individualized workplace emergency response information to the person designated This requirement relies to provide such assistance. on the use of the Alternate Formats Policy. Review of Individualized Emergency Response Plan: The Municipality is in compliance with this When the employee moves to a different requirement location in the organization,when the employee's overall accommodation needs are reviewed,when the employer reviews its general emergency response policies. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Establishment of Accessibility Policies: CAO The Municipality documents its Develop, implement and maintain policies accessibility initiatives governing how the organization achieves or will yearly in its annual Multi- achieve accessibility through meeting its Year Accessibility Plan. requirements under the accessibility standards. Additionally, all Municipal policies are based on the Establishment of a Multi-Year Accessibility Plan Mission Statement: The Municipality of Bayham is dedicated to promoting, enhancing and creating a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The Municipality is in compliance with this requirement January 2014 Procuring or Acquiring Goods, Services or CAO The Municipal Facilities: Treasurer Procurement By-law and Accessible Incorporate accessibility criteria and features Procurement Guide into procurement practices so that goods, satisfy this requirement. services and facilities are more accessible to people with disabilities unless it is not The Municipality is in practicable to do so. compliance with this requirement 16 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2014 Self-Service Kiosks: CAO The Municipality of Bayham does not All organizations that offer services or products currently utilize any self through self-service kiosks shall take steps to service kiosks. make them accessible to people with disabilities so they can be used independently and securely. January 2015 Training: CAO The Municipality is in compliance with this All organizations will train those individuals requirement (employees or volunteers)who participate in developing the organization's policies, and all those who provide goods or services on behalf of the organization, about the requirements of the Integrated Accessibility Standards and the Ontario Human Rights Code as it relates to people with disabilities. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Public Feedback Process: CAO This requirement relies on the use of the Provide or arrange for provision of accessible Alternate Formats Policy. formats and communication supports for persons with a disability upon request. The Municipality is in Notify the public of the availability of accessible compliance with this formats and communication supports for the requirement feedback process. January 2014 Internet Content and Websites: CAO The Municipality had a website accessibility New internet websites and content to conform audit completed on the to the World Wide Web Consortium Web Municipal website in the Content Accessibility Guidelines (WCAG)2.0 spring of 2014 all initially at level A. internet websites& content conforms to World Wide Web Consortium Web Content Accessibility Guidelines (WCAG)2.0 Level AA (exceptions success criteria 1.2.4& 1.2.5) Additionally, all Municipal documents are produced in accordance with the Alternate Formats Policy. 17 Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Recruitment Process: CAO The Municipality is in compliance with this Notify employees and public about the requirement availability of accommodation. Selection &Assessment Process: Notify job applicants, when individually selected,that accommodations are available upon request. Documented Individual Accommodation Plans: develop a written process for the development of documented individual accommodation plans. Return to Work: Develop and document a return to work process for employees who have been absent due to a disability and require disability-related accommodations in order to return to work. Compliance Legislated Requirement Area of Action Plan or Status Date Responsibility January 2015 Accessible Formats and Communication: CAO The Alternate Formats Policy ensures that all Provide or arrange for provision of accessible corporate documents are formats and communication supports for produced in an persons with a disability upon request; in a accessible format. timely manner taking into account the person's accessibility needs; at a cost no more than The Municipality is in charged by other persons. compliance with this requirement January 2012 All internet websites&content to conform to CAO The Municipality had a World Wide Web Consortium Web Content website accessibility Accessibility Guidelines (WCAG) audit completed on the 2.0 Level AA, exceptions success criteria 1.2.4 Municipal website in the & 1.2.5. spring of 2014 all internet websites&content conforms to World Wide Web Consortium Web Content Accessibility Guidelines(WCAG)2.0 Level AA (exceptions success criteria 1.2.4& 1.2.5) Additionally, all Municipal documents are produced in accordance with the Alternate Formats Policy 18 Accessibility for Ontarians with Disabilities Act Legislation MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. The following table depicts the Municipality's initiatives completed to date and a list of proposed future initiatives to enhance accessibility in the Municipality of Bayham in an effort to make the Municipality holistically accessible and inclusive. Year 2015-2020 Task Department Municipal Facilities Accessibility Audit (2014-2015) CAO Barrier-Free Municipal Elections (2006-2018) Clerk's Department Continual monitoring of Municipal sidewalks including mud-jacking Public Works (leveling sidewalks to alleviate water ponding and trip hazards), cutting (eliminating trip hazards) and replacement Utilization of the Elgin County Coordinator to ensure holistic CAO accessibility and Inclusion 19 Accessibility for Ontarians with Disabilities Act Legislation MUNICIPALITY OF BAYHAM PROJECTS TO DATE AND FUTURE INITIATIVES The Municipality of Bayham is dedicated to promoting, enhancing and creating, where possible, a barrier-free environment for all persons, regardless of needs, to participate as fully as possible in all aspects of community life. 2018 Municipality Annual Accessibility Report Status Update The purpose of this Status Report is to make the public aware of the Municipality's progress with accessibility implementation and to prevent and remove barriers and meet requirements under the AODA. Task Department _ Completed and filed Accessibility Compliance Report with the Accessibility Directorate of CAOICIerk Ontario under the Ministry of Economic Development Trade and Employment Services The Municipality focuses on removing barriers which may exist in buildings and facilities, Council/Staff while ensuring that new buildings, leases, and renovations do not create any new barriers. This includes the construction of the renovated Straffordville Community Centre, Municipal Office, Public Works Yard and Port Burwell East Beach Training for all staff on the Integrated Accessibility Standard and updated Corporate All Staff Accessibility Policy (2014) - Ongoing training for new staff Training for all staff and Advisory Board & Committee members on the Ontario All Staff Human Rights Code as it pertains to people with disabilities - Ongoing training for new staff - On-going training for staff on the Customer Service Standard Update Corporate Accessibility Policy (December 2018) Council Submitted a funding application under the Enabling Accessibility Fund in order to Council provide an elevator at the Straffordville Library Participate in review and consultation of Provincial Accessibility Legislation and CAO Regulations `oAYHA-4- __________ 4„impor-400. 4.0.,,, ""alI 46...._ wiliili.da... --dimmirli REPORT OP ppu1tunity Is-•404- TO: Mayor & Members of Council FROM: Paul Shipway, CAOICIerk DATE: November 1, 2018 REPORT: CAO-76/18 SUBJECT: AGREEMENT NO. 0584— KDN PAVEMENT MARKING LTD. BACKGROUND: On April 21, 2016 the Council of the Corporation of the Municipality of Bayham passed By-law No. 2016-033, being a by-law to authorize the execution of an agreement (0584) between the Municipality of Bayham and KDN Pavement Marking Ltd. for the provision of line painting services within the Municipality of Bayham. DISCUSSION KDN Pavement Marking Ltd. provided line painting services within the Municipality of Bayham from 2016-2018 for the rate of$4.75/litre (OPSS 1716, OPSS 1712, OPSS 1750, OPSS 1716). KDN Pavement Marking Ltd. proposes to provide line painting services within the Municipality of Bayham from 2019-2021 for the rate of$5.50/litre The Municipality of Bayham annually utilizes approximately 4,000 litres of yellow paint and 2,500 litres of white paint on high volume County Roads pursuant to the County Road Maintenance Agreement. RECOMMENDATION 1. THAT Report CAO-76/18 re Agreement No. 0584 — KDN Pavement Marking Ltd. be received for information; 2. AND THAT staff be directed to bring forward a by-law to authorize the execution of an amending agreement with KDN Pavement Marking Ltd. for the provision of line painting services within the Municipality of Bayham. Respectfully Submitted by: Paul Shipway CAOICIerk AMENDMENT NUMBER 24 TO THE OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM SUBJECT: Municipality of Bayham 55233 Light Line, Vienna The following text and map schedule constitute Amendment Number 24 to the Official Plan of the Municipality of Bayham OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM THE attached map schedule change constituting Amendment No. 24 to the Official Plan of the Municipality of Bayham was prepared upon the recommendation of the Council of the Municipality of Bayham after evaluation of public input pursuant to the provisions of the PLANNING ACT. THIS Amendment was adopted by the Council of the Corporation of the Municipality of Bayham by By-law No. 2018-092, in accordance with Section 17 of the PLANNING ACT, on the 15th day of November 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-092 THE Council of the Corporation of the Municipality of Bayham, in accordance with the provisions of the PLANNING ACT, hereby enacts as follows: 1) THAT Amendment No. 24 to the Official Plan of the Municipality of Bayham consisting of the attached map schedule is hereby adopted. 2) THAT the Clerk is hereby authorized and directed to make application to the County of Elgin for approval of the aforementioned Amendment No. 24 to the Official Plan of the Municipality of Bayham. 3) THAT no part of this By-law shall come into force and take effect until approved by Elgin County. ENACTED AND PASSED this 15th day of November 2018. MAYOR CLERK CERTIFIED that the above is a true copy of By-law No. 2018-092 as enacted and passed by the Council of the Corporation of the Municipality of Bayham. CLERK OFFICIAL PLAN OF THE MUNICIPALITY OF BAYHAM AMENDMENT NO. 24 1. PURPOSE The purpose of the Official Plan amendment is to change the land use designation for 1.9 ha (4.7 acres) of land from "Open Space" and "Hazard Lands" to "Residential" on Schedule 'C' Vienna: Land Use and Constraints in the Official Plan of the Municipality of Bayham. The amendment is intended to permit the lands to be used for residential purposes. 2. LOCATION The area affected by this amendment is an irregular portion of land along a creek valley on a farm parcel located on the south side of Light Line and west of Bogus Road in the Village of Vienna and known municipally as 55233 Light Line. 3. BASIS OF THE AMENDMENT The subject lands are characterized as undeveloped, treed land within the Village of Vienna, zoned for residential use and proposed for future residential use. Section 4.5.8.4, 4.5.8.8 and 6.1.6 of the Official Plan of the Municipality of Bayham indicate that where land designated as "Hazard Lands" or "Open Space" is under private ownership the lands are not necessarily intended to remain hazard lands or open space indefinitely and that applications for redesignation may be considered by Council after consultation with the Conservation Authority. The Long Point Region Conservation Authority (LPRCA) has provided written confirmation stating no objection to the change after a review of the sketch and site inspection. In addition, the proposed change is consistent with Provincial and County policy based on a review of Provincial Policy Statement 2014 Sections 1.5 and 3.1.1 b) and Elgin County Official Plan Section D3.4. It has been determined that there is an adequate supply of open space lands for future parks and open space purposes available in other areas of Vienna and the LPRCA has determined that the subject lands are not hazardous. 4. DETAILS OF THE AMENDMENT a) Schedule "C" Vienna: Land Use and Constraints of the Official Plan of the Municipality of Bayham is hereby amended by changing from "Open Space" and "Hazard Lands" to "Residential" those lands outlined and marked as changed to "Residential" on the attached Schedule "C", which shall constitute part of this amendment. b) The lands subject to this Amendment and designated "Residential" may be used, developed and zoned in accordance with the "Residential" designation policies of Section 4.2.2 and 4.5 of the Official Plan, as amended. OFFICIAL PLAN OFFICIAL PLAN AMENDMENT 24 ` W . SUBJECT LANDS CHANGED FROM410:40.4_41 OF THE / "OPEN SPACE"AND"HAZARD " � T MUNICIPALITY of BAYHAM LANDS"TO"RESIDENTIAL" SCHEDULE 'C' / H ,,_ VIENNA: Jd 'A LAND USE 0;e/1'1 il p and CONSTRAINTS e , l,„:-F-1 1 , , 1 -.. - ,, , i'igeor 111)0.40 __, , i , 1 r y , P A yAe.,34,..L. ..,-',--,-,, f '•-•er v. o + ' I Land Use jrietr.."44F7rIo, 1 1 %�,_/ ,a c' kw 0 1 i Residential ' ® Commercial / ..07.7",.,....... •o '•./���\� ,i ® Institutional 4, � ra-- ` � '_ ® Industrial _.-.— � 1I I=e♦r, pir H-- -1 Open Space , �, r Constraints I Gs� Ir $ -.• L t , _.l� �� �,'� !71 Hazard Lands 1 lrk�"1,4: L- 1 1/ Flood Fringe �.,�s �k S.' Floodway Y 8.6 i. iIi 1� ' / • Exist Petroleum Wells , � ,', ' 0/ Air11!0 Base Features P, �` 10' 1 :� — County Roads _. �l 411rA �/ — Local Roads 71 ` 77-7-1Watercourse m l.Scr e \ '911 ‘1' .c"4 � .>t ,,olly 1� ,,,,,....: _� .>> s 1� `^ 0 120 240 480 . r ; Metres a 1:10,000 Schthe cl flus of Ba ham Official mustPlan of S be read in conjunction with the wntten text. 1 January 2012 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-093 A PROVISIONAL BY-LAW TO PROVIDE FOR DRAINAGE WORKS IN THE MUNICIPALITY OF BAYHAM IN THE COUNTY OF ELGIN KNOWN AS THE BRANCH 'A' OF THE NO. 1 MUNICIPAL DRAIN WHEREAS the Engineer Spriet Associates on behalf of the Municipality of Bayham in accordance with Section #78(1) of the Drainage Act, R.S.O. 1990, requests that the following lands and roads be drained by drainage works: Parts of Lots 129 - 132, Concessions 6 and 7, Municipality of Bayham AND WHEREAS, the Council of the Municipality of Bayham has procured Engineer Report No. 218030, prepared by Spriet Associates, dated October 17, 2018, which is attached hereto as Schedule "A", and forms part of this By-law. AND WHEREAS the estimated total cost of constructing the drainage work is $147,000.00; AND WHEREAS the Council is of the opinion that the drainage of the area is desirable; NOW THEREFORE the Council of the Municipality of Bayham enacts as follows: 1. Engineer Report No.218030, dated October 17, 2018 and attached hereto, is hereby adopted and the drainage works as therein indicated and set forth are hereby authorized and shall be completed in accordance therewith. 2.1 The Corporation of the Municipality of Bayham may borrow, on the credit of the Corporation, the amount of$147,000.00 being the amount necessary for the drainage works or other tendered and awarded amount by Council. 2.2 The Corporation may arrange for the issue of debentures on its behalf for the amount borrowed less the total amount of, (a) grants received under Section #85 of the Act; (b) commuted payments made in respect of lands and roads assessed within the municipality; (c) monies paid under Subsection #61(3) of the Act; and monies assessed in and payable by another municipality, and such debentures shall be made payable within five (5) years from the date of the debenture and shall bear interest at the rate established by the Ontario Ministry of Agriculture, Food and Rural Affairs pursuant to the Tile Drainage Act as of the date of passing of this By-law. By-law No. 2018-093 - 2 - A special equal rate sufficient to redeem the principal and interest on the debentures shall be levied upon the lands and roads as set forth in the attached Schedule "A" to be collected in the same manner and at the same time as other taxes are collected in each year for five (5) years after the passing of this by-law. 4. For paying the amount of$0 being the amount assessed upon the lands and roads belonging to or controlled by the municipality, a special rate sufficient to pay the amount assessed plus interest thereon shall be levied upon the whole rateable property in the Municipality of Bayham in each year for five (5) years after the passing of this Provisional By-law to be collected in the same manner and at the same time as other taxes are collected. 5. All assessments of $500.00 or less are payable in the first year in which the assessment is imposed. 6. This By-law comes into force on the passing thereof and may be cited as the "Fernley Municipal Drain Improvements". READ A FIRST AND SECOND TIME this 15th day of November, 2018 and provisionally adopted this 15th day of November, 2018. MAYOR CLERK READ A THIRD TIME AND FINALLY PASSED this day of . MAYOR CLERK COURT OF REVISION — MUNICIPALITY OF BAYHAM Take notice that the Court of Revision of the Corporation of the Municipality of Bayham for considering and determining of Appeals to the said Court of Revision to the Assessment of By-law#2018-093 will be held in Council Chambers at THE BAYHAM MUNICIPAL OFFICE in Straffordville on December 20, 2018 at 8:00 p.m. All notices of assessment appeal by an owner shall be served on the Clerk of the Municipality AT LEAST 10 DAYS PRIOR to the first sitting of the Court. Date of mailing CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-095 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND UNDERHILL TRUCKING LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Underhill Trucking Ltd for various works associated with construction and operational maintenance activities at the discretion of the Manager of Capital Works/Manager of Public Works; 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 Underhill Trucking Ltd. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF NOVEMBER 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-096 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JOHNSTON BROS. (BOTHWELL) LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Johnston Bros. (Bothwell) Ltd. for Supplying, Hauling, Mixing & Stacking Winter Sand; 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 Johnston Bros. (Bothwell) Ltd. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF NOVEMBER 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-097 A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN THE MUNICIPALITY OF BAYHAM AND JOHNSTON BROS. (BOTHWELL) LTD. WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of entering into an agreement with Johnston Bros. (Bothwell) Ltd. for Supply and Placement of Granular Materials 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 Johnston Bros. (Bothwell) Ltd. and the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 15th DAY OF NOVEMBER 2018. MAYOR CLERK THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2018-098 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD NOVEMBER 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 November 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 NOVEMBER, 2018. MAYOR CLERK