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HomeMy WebLinkAboutJanuary 17, 2019 - Council THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING AGENDA MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 17, 2019 7:00 p.m. 1. CALL TO ORDER 2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF 3. REVIEW OF ITEMS NOT LISTED ON AGENDA 4. ANNOUNCEMENTS 5. DELEGATIONS 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held January 3, 2019 B. Statutory Planning Meeting held January 3, 2019 re Andries and Templeton Zoning By-Law Amendment 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council A. Report BL-01/19 by Randy White, Fire Chief I By-Law Officer re Animal Rescue Facility B. Report PS-01/19 by Steve Adams, Road Operations Supervisor and Paul Shipway, CAO Clerk re RFP 18-02 Supply and Delivery of One (1) Crawler Dozer C. Report PS-02/19 by Steve Adams, Road Operations Supervisor and Paul Shipway, CAO Clerk re Capital Item No. PW-5 20 Ton Float 2019 Council Agenda January 17, 2019 10. DEVELOPMENT SERVICES — SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information 10.1.2 Requiring Action 10.2 Reports to Council A. Report DS-02/19 by Bill Knifton, Chief Building Official I Drainage Superintendent re 4th Quarter Report B. Report DS-05/19 by Bill Knifton, Chief Building Official I Drainage Superintendent re Branch `B' of the Richmond Road Drain C. Report DS-01/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Rezoning Application —Andries/ Templeton Zoning By-Law Z681-2019 D. Report DS-04/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator re Consent Application E92/18 Froese 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. County of Elgin draft minutes of meetings held December 11, 2018 and December 13, 2018 B. National Grants and Contributions Delivery Centre re Enabling Accessibility Fund - Capital Item FA-1 C. Long Point Region Conservation Authority Board of Directors minutes of meeting held November 19, 2018 11.1.2 Requiring Action A. Municipality of Bayham Joint Cemetery Board re Advisory Board & Committee Resolution 11.2 Reports to Council 12. BY-LAWS A. By-Law No. Z681-2019 Being a by-law to amend By-Law No. Z456-2003, as amended (This by-law follows the recommendation made in Report DS-01/19 by Margaret Underhill, Deputy Clerk I Planning Coordinator during the regular meeting of January 17, 2019) B. By-Law 2019-007 Being a by-law to authorize the execution of a transfer of land C. By-Law 2019-008 Being a by-law to authorize the execution of a transfer of easement 2019 Council Agenda January 17, 2019 13. UNFINISHED BUSINESS 14. OTHER BUSINESS 14.1 In Camera A. Confidential Report regarding litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board (Municipal Law Enforcement) B. Confidential Report regarding a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the municipality or local board (Lease Agreement) 14.2 Out of Camera 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-009 Being a by-law to confirm all actions of Council 16. ADJOURNMENT THE CORPORATION OF THE MUNICIPALITY OF BAYHAM COUNCIL MEETING MINUTES MUNICIPAL OFFICE 56169 Heritage Line, Straffordville, ON Council Chambers Thursday, January 3, 2019 7:00 p.m. 7:30 p.m. — Brian Jeffrey Andries and Valjdeta Templeton Zoning By-Law Amendment PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL 1. CALL TO ORDER Mayor Ketchabaw called the meeting to order at 7:00 p.m. 2. DISCLOSURES OF PECUNIARY INTEREST &THE GENERAL NATURE THEREOF No disclosures of pecuniary interest were declared. 3. REVIEW OF ITEMS NOT LISTED ON AGENDA A. Ministry of Finance re 2019 Ontario Municipal Partnership Fund (OMPF) added as Item 11.1.1-B 4. ANNOUNCEMENTS None. 5. DELEGATIONS None 6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S) A. Regular Meeting held December 20, 2018 B. Statutory Planning Meeting held December 20, 2018 re John Fehr Zoning By-law Amendment C. Drainage Public Meeting held December 20, 2018 re Eden Drain Branches 'B' & 'C' D. Court of Revision held December 20, 2018 re Branch 'A' of the No.1 Drain 2019 Council Minutes January 3, 2019 E. Court of Revision held December 20, 2018 re Eden Drain Branches 'B' & 'C' Moved by: Councillor Donnell Seconded by: Councillor Froese THAT the minutes of the Regular Meeting held December 20, 2018, Statutory Planning Meeting held December 20, 2018 re John Fehr Zoning By-law Amendment, Drainage Public Meeting held December 20, 2018 re Eden Drain Branches 'B' & 'C', Court of Revision held December 20, 2018 re Branch 'A' of the No.1 Drain and Court of Revision held December 20, 2018 re Eden Drain Branches 'B' & 'C' be adopted. CARRIED 7. MOTIONS AND NOTICE OF MOTION 8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT 8.1 Correspondence 8.1.1 Receive for Information 8.1.2 Requiring Action 8.2 Reports to Council 9. PHYSICAL SERVICES — EMERGENCY SERVICES 9.1 Correspondence 9.1.1 Receive for Information 9.1.2 Requiring Action 9.2 Reports to Council 10. DEVELOPMENT SERVICES —SUSTAINABILITY AND CONSERVATION 10.1 Correspondence 10.1.1 Receive for Information A. Notice of Public Meeting re Proposed Zoning By-law Amendment—Andries and Templeton Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT correspondence item 10.1.1-A be received for information. CARRIED 10.1.2 Requiring Action 10.2 Reports to Council 2019 Council Minutes January 3, 2019 11. FINANCE AND ADMINISTRATION 11.1 Correspondence 11.1.1 Receive for Information A. MPAC re 2018 Year-End Assessment Report B. Ministry of Finance re 2019 Ontario Municipal Partnership Fund (OMPF) Moved by: Deputy Mayor Weisler Seconded by: Councillor Donnell THAT correspondence items 11.1.1-A— 11.1.1-B be received for information. CARRIED Moved by: Councillor Chilcott Seconded by: Councilor Donnell THAT as a result of potential 2019 Ontario Municipal Partnership Fund (OMPF) reductions staff be directed to bring back the following reports for Council consideration: • Updated Rates & Fees By-law • Development Charges Informational Report CARRIED 11.1.2 Requiring Action 11.2 Reports to Council A. Report TR-02/19 by Lorne James, Treasurer re Interim Tax Levy and Borrowing By-Laws Moved by: Councilor Donnell Seconded by: Deputy Mayor Weisler THAT Report TR-02/19 re Interim Tax Levy and Borrowing By-laws be received for information; AND THAT Council direct staff to bring forward By-law No. 2019-001, being a by-law to provide for an interim tax levy for 2019, for Council consideration. AND THAT Council direct staff to bring forward By-law No. 2019-002, being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2019, for Council consideration. CARRIED 2019 Council Minutes January 3, 2019 B. Report CAO-01/19 by Paul Shipway, CAO I Clerk re Capital Item No. GG-1 Market Analysis Moved by: Councillor Chilcott Seconded by: Councillor Froese THAT Report CAO-01/19 re Capital Item No. GG-1 Market Analysis be received for information; AND THAT Council approve the scope of work presented in Report CAO-01/19 by Ward and Uptigrove in the amount of$12,500+HST. CARRIED 12. BY-LAWS A. By-Law No. 2018-093 Being a 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 (This by-law follows the recommendation made in Report DS-65/18 during the Court of Revision of December 20, 2018) (Third and Final Reading) B. By-Law No. 2019-001 Being a by-law to provide for an interim tax levy (This by-law follows the recommendation made in Report TR-02/19 by Lorne James, Treasurer during the regular meeting of January 3, 2019) C. By-Law No. 2019-002 Being a by-law to authorize borrowing from time to time to meet current expenditures during the fiscal year ending December 31, 2019 (This by-law follows the recommendation made in Report TR-02/19 by Lorne James, Treasurer during the regular meeting of January 3, 2019) D. By-Law No. 2019-003 Being a by-law to establish an Advisory Board and Committee Policy (This by-law follows the recommendation made in Report CA0-77/18 by Paul Shipway, CAO I Clerk during the regular meeting of December 6, 2018) E. By-Law No. 2019-004 Being a by-law to authorize the execution of an agreement between The Municipality of Bayham and Muriel Alberta/ Ma's Port Burwell (This by-law follows the recommendation made in Report CAO-80/18 by Paul Shipway, CAO I Clerk during the regular meeting of December 20, 2018) Moved by: Councillor Donnell Seconded by: Councillor Chilcott THAT By-Law 2018-093 be read a third time and finally passed; AND THAT By-Law No. 2019-001, 2019-002, 2019-003 and 2019-004 be read a first, second and third time and finally passed CARRIED 2019 Council Minutes January 3, 2019 13. UNFINISHED BUSINESS None. 14. OTHER BUSINESS None. 15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL A. By-Law No. 2019-006 Being a by-law to confirm all actions of Council Moved by: Deputy Mayor Weisler Seconded by: Councillor Chilott THAT Confirming By-Law No. 2019-006 be read a first, second and third time and finally passed CARRIED 16. ADJOURNMENT Moved by: Councillor Froese Seconded by: Councillor Donnell THAT the Council meeting be adjourned at 7:38 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, January 3, 2019 7:30 p.m. — B. Andries and V. Templeton Zoning By-Law Amendment PRESENT: MAYOR ED KETCHABAW DEPUTY MAYOR RAINEY WEISLER COUNCILLORS C. VALERIE DONNELL DAN FROESE SUSAN CHILCOTT STAFF PRESENT: CAO I CLERK PAUL SHIPWAY DEPUTY CLERK BRENDA GIBBONS DEPUTY CLERK I PLANNING COORDINATOR MARGARET UNDERHILL SIGNED IN ATTENDEES: Joel Tanner 1. CALL TO ORDER Mayor Ketchabaw called the public meeting to order at 7:31 p.m. and asked those in attendance for this Planning Public Meeting regarding a Zoning By-Law Amendment application by B. Andries and V. Templeton 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 A. Application submitted by Brian Jeffrey Andries and Valjdeta Templeton The purpose of the public meeting is to temporarily change the zoning regulations on a 19.6 ha (48 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-X) Zone for a period not to exceed three (3) years in Zoning By-Law Z456-2003. The change is to permit the construction of a new primary dwelling unit and to recognize the existing dwelling as a second unit. The subject lands are located on the west side of Clarke Road, north of Glen Erie Line known as 5379 Clarke Road. 2019 Planning Meeting Minutes January 3, 2019 B. Andries and V. Templeton The effect of the by-law will be to allow the existing dwelling as a second dwelling unit when a new dwelling is built. 5. PUBLIC PARTICIPATION Mr. Joel Tanner, Authorized Agent for the Applicant provided an overview of the application. 6. CORRESPONDENCE Deputy Clerk I Planning Coordinator M. Underhill advised no correspondence was received. 7. OTHER BUSINESS None. 8. ADJOURNMENT Moved by: Councillor Donnell Seconded by: Deputy Mayor Weisler THAT the Zoning By-law be considered at the meeting scheduled for January 17, 2019; AND THAT pursuant to the Planning Act requirements, the Public Meeting for Zoning Application B. Andries and V. Templeton is now complete at 7:36 p.m. CARRIED MAYOR CLERK g,AY REPORT 6.pk„, ja 3 BY—LAW DEPARTMENT T r 0At importunity TO: Mayor & Members of Council FROM: Randy White, Fire Chief I By-law Officer DATE: January 17, 2019 REPORT: BL-01/19 FILE NO. C07 SUBJECT: ANIMAL RESCUE FACILITY BACKGROUND: As Council will recall, at the meeting held October 3, 2013, Zoning By-Law Z624-2013 was passed to rezone the property known as 54726 Calton Line, owned by Teresa Pressey and permit an animal kennel with a maximum of three (3) domesticated animals. It is the intent of Ms. Pressey to continue to operate an Animal Rescue Facility which is permitted as per the Municipality of Bayham Dog Control By-Law 2015-113. In order to continue to operate an approved Animal Rescue Facility, Ms. Pressey must provide annually: • A report to the Municipality with information, as outlined in By-Law 2015-113 regarding the adoption of dogs • A letter from the primary veterinarian confirming the continued provision of medical care for the pets to continue to qualify as an Animal Rescue Facility. DISCUSSION: Ms Pressey has provided the required information. Therefore, Council is requested to provide approval that the facility located at 54726 Calton Line, owned by Teresa Pressey be recognized as an Animal Rescue Facility for the year ending December 31, 2019 and is exempt from the requirement to pay a dog licence fee for dogs that are in possession of the Animal Rescue Facility for the purpose of rescue and adoption for less than a one year period. RECOMMENDATION 1. THAT Report BL-01/19 re Animal Rescue Facility be received for information; 2. AND THAT according to By-Law 2015-113, Section 5, the Council of the Municipality of Bayham authorizes Teresa Pressey to operate an approved Animal Rescue Facility at 54726 Calton Line, for up to three dogs at a time, for the year ending December 31, 2019; 3. AND THAT the Animal Rescue Facility is exempt from the requirements to pay a licence fee for dogs in the facility for the purpose of rescue and adoption for the first year from the date such dog is harboured by or in the possession of the Rescue Facility. Respectfully Submitted by: Reviewed by: 34111111 :111■ Randy White '� Sh.away Fire Chief I By-Law Enforcement Officer CAO I Clerk $AYHA �, REPORT okr., PHYSICAL SERVICES icy 4wpul'tunity Is' TO: Mayor & Members of Council FROM: Steve Adams, Road Operations Supervisor Paul Shipway, CAOICIerk DATE: January 17, 2019 REPORT: PS-01/19 SUBJECT: RFP 18-02 SUPPLY AND DELIVERY OF ONE (1) CRAWLER DOZER BACKGROUND: On October 1, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report TR-13/18 re 2019-2028 Capital Budget— Draft be received for information; AND THAT Council approve in principle the 2019-2028 Capital Budget. The 2019 Capital Budget includes Capital Item No. PW-4 Crawler Dozer in the amount of $140,000. The Municipality of Bayham Public Works Department currently operates a 1993 Crawler Dozer obtained from the County of Elgin during amalgamation in 1998. The 1993 Crawler Dozer, with 6,300 hours, is an integral part of both capital and operational functions however the 1993 Crawler Dozer is in need of a substantial undercarriage reconstruction and the Municipality no longer has the internal staff expertise to keep the Crawler Dozer functional at historic levels. In 2018 the Municipality of Bayham commenced RFP 18-02 Crawler Dozer, a two-part RFP process, to procure a new Crawler Dozer as follows: PART 1 — PRACTICAL ASSESSMENT • During the fall of 2018 the Municipality of Bayham conducted field tests on the following Crawler Dozers: o Case 650M o Caterpillar D3K o John Deere 450K Part 1 — Practical Assessment was completed by the Municipality of Bayham Crawler Dozer Operator and the results of the same were sealed and placed in the lock-box until such time as RFP 18-02 was completed. Part 1 — Practical Assessment was worth 50% of the final overall score of RFP 18-02. PART 1 - Practical Assessment CASE 650M Caterpillar D3K John Deere 450K Access to maintenance points 1 3 3 Overall machine height 3 2 1 Overall machine width 1 3 2 Blade width 1 3 2 Blade height 1 2 3 Sightlines from cab 3 2 2 Ground clearance 0 3 3 Cab comfort and noise level 2 3 1 Cab controls-user friendly 1 3 1 Reverse camera 0 3 0 Blade slope control 0 3 0 Machine weight 3 2 1 Machine H.P 1 3 3 Operator machine power perception 1 3 3 TOTAL 18 38 25 Percentage 42.86% 90.48% 59.52% PART 2—CRAWLER DOZER BID PRICE • Effective November 23, 2018 the Municipality of Bayham accepted Bid Prices from invited vendors pursuant to RFP 18-02. • RFP 18-02 closed on January 8 2019. Part 2 — Crawler Dozer Bid Price was worth 50% of the final overall score of RFP 18-02. The Part 2 — Crawler Dozer Bid Price scoring rubric, out of 100, is as follows: Crawler Dozer Bid Price 8100,000-$104,999$105,0004109,999$110,000-$114,999$115,000-$119,999$120,000-$124,999$125,000-$129,999$130,000-$134,999$135,000-$139,999$140,0004144,999$145,000-$149,999$150,000+ Scoring Rubric1100 100 90 80 70 60 50 40 30 20 10 0 Bid Price Score CASE 650M $121,800+HST 60 Caterpillar D3K $139,000+HST 30 John Deere 450K $134,990+HST 40 DISCUSSION: The final results of RFP 18-02 are as follows: RFP 18-02 Crawler Dozer Part 1 Part 2 Total CASE 650M 21.43 30 _51.43 Caterpillar D3K 45.24 15 60.24 John Deere 450K 29.76 20 49.76 Toromont CAT was the top scoring Crawler Dozer with utilization of a 2019 Caterpillar D3K. Toromont CAT also offers a 2018 Caterpillar D3K, brand new same specifications as the 2019, for a price of$131,000 HST. Both options include a five (5) year/5,000 hour Powertrain Warranty. The successful bidder is required to provide the Crawler Dozer to the Municipality of Bayham on March 15, 2019. The Municipality of Bayham asset life for a Crawler Dozer is 15 years. The Municipality utilized the previous 1993 Crawler Dozer for 20 years and the same was utilized by the County prior to that. The Municipality of Bayham Water/Wastewater Department has a 20+ year relationship with the service department at Toromont CAT and staff are confident in the abilities of the same to provide the appropriate service requirements to the Municipality of Bayham. RECOMMENDATION: 1. THAT Report PS-01/19 re RFP 18-02 Supply and Delivery of One (1) Crawler Dozer be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award RFP 18- 02 in the amount of$131,000+HST to Toromont CAT. Respectfully Submitted by: Steve Adams Road Operations Supervisor Paul Shipway CAOICIerk v,pornet.4,/okr., REPORT PHYSICAL SERVICES icy 4wpul'tunity Is' TO: Mayor & Members of Council FROM: Steve Adams, Road Operations Supervisor Paul Shipway, CAOICIerk DATE: January 17, 2019 REPORT: PS-02/19 SUBJECT: CAPITAL ITEM NO. PW-5 20 TON FLOAT BACKGROUND: On October 1, 2018 the Council of the Corporation of the Municipality of Bayham passed the following resolution: THAT Report TR-13/18 re 2019-2028 Capital Budget— Draft be received for information; AND THAT Council approve in principle the 2019-2028 Capital Budget. The 2019 Capital Budget includes Capital Item No. PW-5 20 Ton Float in the amount of $40,000. The Municipality of Bayham Public Works Department currently operates a 1983 nine (9) Ton Float. The Float has reached the end of its service life, suspension components are difficult to obtain and it is undersized for municipal purposes. DISCUSSION: Staff obtained the following quotations for a new 20 ton float as follows: • Carrier Centers —2018 Econoline 20 ton tag-along - $25,000+HST • Dockside Trailer Sales Inc. — 2018 DB-100FQ 20 ton-tag along - $29,750+HST • Belore Trailers Ltd. —2019 Cam Superline 20 ton tag-along - $26,000+HST After visual assessment of all three new models, and multiple used models, staff are confident the Carrier Centers—2018 Econoline 20 ton-tag along will meet the work requirements of the Municipality. RECOMMENDATION: 1. THAT Report PS-02/19 re Capital Item No. PW-5 20 Ton Float be received for information; AND THAT the Council of the Corporation of the Municipality of Bayham award Capital Item No. PW-5 20 Ton Float in the amount of$25,000+HST to Carrier Centers. Respectfully Submitted by: 41101e 00 Steve Adams Road Operations Supervisor Paul Shipway CAOICIerk -g,AY REPORT k 111 DEVELOPMENT SERVICES Copp' ° tunity Is .- TO: Mayor & Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: January 17, 2019 REPORT: DS-02/19 FILE NO. SUBJECT: 4TH QUARTER REPORT BACKGROUND: The purpose of this report is to inform Council of the activities of the Building Services and Drainage Department for the fourth quarter of the year for 2018. DISCUSSION: Building Services: The summary of building permits issued in the fourth quarter are as listed on the chart below: Year 2018 2017 2016 No. permits issued 24 46 25 Permit fees $23,301 $47,086 $27,817 Construction Value $2,085,500 $3,924,850 $2,186,292 Houses 5 5 5 Farm Buildings 3 4 2 Other 16 37 18 Total Building Permits for 2018: Year 2018 2017 2016 No. permits issued 164 188 140 Permit fees $150,790 $166,833 $130,645 Construction Value $12,539,313 $14,546,273 $10,726,112 Houses 24 29 24 Farm Buildings 17 12 9 Other 123 147 107 Drainage: Drainage work for the fourth quarter of 2018 is noted below: New Drains: Drain Name Status Branch A of the No.1 Drain Design completed, tender out for bids Eden Drain Branches B and C Design completed, contract awarded Centre Street Drain North Contract awarded, construction not started Fernley Drain Improvements Contract awarded, construction not started Vienna Road Drain Design in progress Drain Maintenance: Drain Name Status Elliott Road Drain Tile repair Pearson Drain Tile repair RECOMMENDATION 1. THAT Staff Report DS-02/19 regarding the activities of the Building Services & Drainage Department for the fourth quarter of 2018 be received for information. Respectfully Submitted by: Bill Knifton ' hi•i ay Chief Building Official CAO Drainage Superintendent g,AY *1 REPORT 4 ` 7.4 DEVELOPMENT SERVICES 'tunity 1$ TO: Mayor& Members of Council FROM: Bill Knifton, Chief Building Official, Drainage Superintendent DATE: January 17, 2019 REPORT: DS-05/19 FILE NO. SUBJECT: BRANCH 'B' OF THE RICHMOND ROAD DRAIN BACKGROUND: On May 24, 2018 the Clerk received a petition for drainage from Helena Peters. On June 7, 2018, Council appointed Spriet Associates to make an examination of the drainage area and prepare a report for Council's consideration. DISCUSSION: An onsite meeting was held with the Engineer, Drainage Superintendent and landowners. Shortly thereafter the Engineer began the design of a drainage works to achieve the required legal outlet for the lands in question. Engineer's Report# 218135 received from Spriet Associates dated January 2, 2019 was filed with the Clerk on January 07, 2019. Council should now determine whether it wishes to proceed with Notices under the Drainage Act and direct the Clerk to send a copy of the Report and Notice of Public Meeting setting out the date of the Council meeting at which this report will be considered to: (a) Every landowner within the area requiring drainage. (b) Clerk of every other local municipality in which any land or road that is assessed for the drainage works, or for which compensation or other allowances have been provided in the report is situate. (c) Any public utility, railway company or road authority that may be affected. (d) Long Point Region Conservation Authority. (e) The Ministry of Natural Resources. (d) The Director, of the Ministry of Agriculture, Food and Rural Affairs. RECOMMENDATION 1. THAT Report DS-05/19 regarding the Branch `B' of the Richmond Road Drain be received for information; 2. THAT the Council of the Municipality of Bayham acknowledges the receipt of Report #218135 dated January 02, 2019 for the Branch `B' of the Richmond Road Drain, as prepared by Spriet Associates, and filed with the Clerk on January 07, 2019; 3. THAT Council set a date for the Public Meeting to be held on February 7, 2019 at 8:00 pm to consider the Report; 4. AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons assessed to this drainage works in accordance with the Drainage Act. Respectfully Submitted by: Bill Knifton i� I P.. I Shi?!�� Chief Building Official CAO Drainage Superintendent L„- REPORT ,/ 777 `(0W43. .:14.*.?or*ZIW or „ty DEVELOPMENT SERVICES irtUpity TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: January 17, 2019 REPORT: DS-01/19 FILE NO. C-07/ D13.ANDR Roll # 3401-000-001-11000 SUBJECT: Rezoning Application—Andries/Templeton Zoning By-law Z681-2019 BACKGROUND: Brian Andries and Valjdeta Templeton have submitted a rezoning application to rezone their property located on the west side of Clarke Road, north of Glen Erie Line, known as 5379 Clarke Road. The lands are designated Agriculture and Natural Gas Reservoir on Schedule "Al" Land Use and "Hazard Lands" on Schedule "A2" Constraints of the Official Plan and currently zoned Agricultural (A1) and LPRCA Regulation Limit on Schedule "A" Map No. 14 in Zoning By-law Z456-2003. As required by the Planning Act, the Notice of Public Meeting was circulated to agencies and the neighbouring properties within the 120 metres. A public meeting was held January 3, 2019 with the Appointed Agent attending making a verbal presentation. No written comments were received prior to or at the public meeting. At the time of writing this report no additional applicant or public comments were received. PURPOSE & EFFECT The purpose of this By-law is to temporarily change the zoning regulations on a 19.6 ha (48 acres) parcel from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-8) Zone for a period not to exceed three (3) years in Zoning By-law Z456-2003. The change is to permit the construction of a new primary dwelling unit and to recognize the existing dwelling as a second unit. The subject lands are located on the west side of Clarke Road, north of Glen Erie Line known as 5379 Clarke Road. The effect of this By-law will be to allow the existing dwelling as a second dwelling unit when a new dwelling is built. DS-01/19 Andries Templeton 2 DISCUSSION: The rezoning will permit a second single detached dwelling on the lands as the current zoning prohibits secondary dwellings until such time as the zoning by-law is updated to reflect the Official Plan amended policies regarding Secondary Dwellings. The planner's memorandum dated December 19, 2018 discusses the Planning Act amendments and the relevant Official Plan and Zoning By-law sections. At the public meeting the Agent stated the owners have made no decision on whether or not the existing dwelling (deemed secondary dwelling) will remain after the 3 year time period. Staff and planner support the zoning by-law amendment and recommend approval of the zone change to permit a main dwelling and secondary dwelling on one lot for a temporary period of a maximum of three years. ATTACHMENTS 1. Zoning By-law Amendment Application 2. IBI Memorandum dated December 19, 2018 3. Draft Zoning By-law Z681-2019 RECOMMENDATION THAT Staff Report DS-01/19 regarding the Zoning By-law Amendment for Andries and Templeton 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 January 3, 2019 associated with this application, one verbal and no written submissions were received and that all considerations regarding this matter were taken into account in Council's decision passing this resolution; AND THAT Zoning By-law Z456-2003, as amended, be further amended by changing the zoning from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-8) Zone for a period not to exceed three (3) years, ending January 17, 2022, on property identified as 5379 Clarke Road; AND THAT Zoning By-law Z681-2019 be presented to Council for enactment; Respectfully Submitted by: Reviewed by: Margare Underhill ipw-'� Deputy Clerkplanning Coordinator CAOICIerk $�l�c MUNICIPALITY OF BAYHAM { v 56169 Heritage Line ` •IFS. ��� , P.O.Box 160 %(A?t Straffordville,ON NOJ 1Y0 pOrtanity iso Phone(519)8664521 Fax(519)8664884 APPLICATION FOR AMENDMENT TO THE ZONING BY-LAW OF THE MUNICIPALITY OF BAYHAM This application must be filed with the Deputy Clerk/Planning Coordinator or designate of the Municipality of Bayham along with a cheque for the required amount. The applicant should retain one copy for their records. The information In this form must be completed in full. This mandatory Information must be provided with a fee of J2000/Zoning By-law Amendment or Temporary Use Zoning By-law)or # ..A0(Temporary Use Zoning By-law Renewal)or$1500(Zoning Amendment to Remove Holding Provision). if the application is not completed in full,the application will be returned. Uwe, x ►-�r ` Z rl n cl r i C 5 V f l ea"e l4shall 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. x Property Owner Property Owner ---)go/04)(,) FOR OFFICE USE ONLY _j/ 6 r 6 c�i� /" DATE RECEIVED: Nov 3c'//- . AMOUNT RECEIVED: , C)- DEEMED UDEEMED COMPLETE:Dec 311 g-e RECEIPT#: 0 lS' t9 FILE NO: 'D i S - AN D DATE ADOPTED BY COUNCIL: Revised March 2017 Municipality of Bayham Zoning By-law Amendment Application Page 2 I. Registered Owner's Name(s): Brian Jeffery Andries and Valjdeta Templeton Address: 5379 Clarke Rd Phone No. (Home): 519-777-5959 Business: Fax: Email: VTempleton@fanshawec.ca Lot and Concession (if applicable): Are there any other holders of mortgages, charges or other encumbrances of the Subject Lands? If so provide the names and addresses of such persons. 2. Applicant I Authorized Agent: Lindsey Bruce and Joel Tanner- SMPL Design Studio Address: 2B - 97 James St N, Hamilton ON L8R 2K6 Phone No.: 905-599-7970 Fax: E-mail: lindsey@smpldesignstudio.com Please specify to whom all communications should be sent: Registered Owner ( ) Applicant/Authorized Agent (✓) 3. Legal Description of the land for which the amendment is requested Roll # 34-01-000-001-11000 Concession: Bayham CON 2 Lot: 18 Reference Plan No: Part Lot: Street and Municipal Address No.: 5379 Clarke Rd, Bayham What is the size of property which is subject to this Application? Area: 196,594 m2 Frontage: 480 m Depth: 415 m When were the subject lands purchased by the current owner? August 2018 Municipality of Bayham Zoning By-law Amendment Application Page 3 4. Existing Official Plan Designation: Agriculture How does the application conform to the Official Plan? The new updates to the OP will allow 2nd dwelling units in Agricultural areas 5. Existing Zoning By-law Classification: Al What are the current uses of the subject lands? Residential/Agriculture If known, provide the length of time these uses have continued on this property. 60+ if there are any existing buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimension Line Line Line Setback s Setback Setbacks Carriage House 21m 110m 360m 1 storey 8m x 15m Shed 70m 70m 310m 1 storey 9m x 18m if known, provide the dates in which each of these buildings were constructed. 1950's 6. What is the Nature and Extent of the Rezoning? Quote Section of Zoning By-law to be amended. Temporary zoning to allow a secondary dwelling unit -{ter ca `Fharec yrc r 4-erf t , �t l'✓ i 5.2 - Permitted Use: Single detached dwelling Municipality of Bayham Zoning By-law Amendment Application Page 4 7. Why is the rezoning being requested? To temporarily allow a secondary dwelling unit, as updates to the zoning by-law based on proposed changes to the Official Plan will permit a secondary dwelling on the subject property 8. Does the proposed Zoning By-law amendment implement a growth boundary Yes f No , adjustment of a settlement area? If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 9. Does the proposed amendment remove land from an area of employment? Yes(/ No If so, attach separately justification or information for the request based on the current Official Plan policies or associated Official Plan amendment. 10. Description of proposed development for which this amendment is requested (i.e. permitted uses, buildings or structures to be erected. Be Specific) Existing Carriage House to be converted to secondary dwelling unit New detached dwelling is proposed on the lot- see site plan for location For any proposed buildings or structures on the subject lands provide the following information: Type Front Lot Side Lot Rear Lot Height Dimensions Line Line Line Setback Setback Setbacks New House 111m 220m 260m 2 storey 15m x 19m New Shed 43m 165m 328m TBD TBD Municipality of Bayham Zoning By-law Amendment Application Page 5 11. Services existing or proposed for the subject lands: Please indicate with a ✓ Water Supply Existing Proposed Municipal Piped Water Supply ( ) ( ) Private Drilled Well ( ) ( ) Private Dug Well (v" ) ( ✓) Communal Well ( ) ( ) Lake or other Surface Water Body ( ) ( ) Other ( ) ( ) Sewage Disposal Existing Proposed Municipal Sanitary Sewers ( ) ( ) Individual Septic System ( ✓ ) ( V) Communal System ( ) ( ) Privy ( ) ( ) Other ( ) ( ) Note: If the proposed development is on a private or communal system and generate more than 4500 litres of effluent per day, the applicant must include a servicing options report and a hydrogeological report. Are these reports attached? If not, where can they be found? Storm Drainage Provisions: Proposed Outlet: Municipality of Bayham Zoning By-law Amendment Application Page 6 12. How will the property be accessed? Provincial Highway ( ) County Road ( ) Municipal Road— maintained all year (V) Municipal Road —seasonally maintained ( ) Right-of-way ( ) Water ( ) If access is by water, do the parking and docking facilities exist, and what is the nearest public road? 13. Has the subject land ever been the subject of an application under the Planning Act for: Plan of Subdivision ( ) Consent ( ) Zoning By-law Amendment ( ) Ministers Zoning Order( ) If yes to any of the above, indicate the file number and status of the application. None 14. How is the proposed amendment consistent with the Provincial Policy Statement 2014? Proposal is to allow a second dwelling unit and not sever a residential lot, this is consistent with PPS New development shall be located outside of all hazard lands to be consistent with PPS 15. Are the subject lands within area designated under any Provincial Plan(s)? If the answer is yes, does the proposed amendment conform to the Provincial Plan(s)? No Municipality of Bayham Zoning By-law Amendment Application Page 7 17. The Owner is required to attach the following information with the application and it will form part of the application. Applications will not be accepted without the following. (a) A sketch based on an Ontario Land Surveyor description of the subject lands showing • the boundaries and dimension of the subject lands; • the location, size and type of all existing and proposed buildings and structures, indicating their setbacks from all lot lines, the location of driveways, parking or loading spaces, landscaping areas, planting strips, and other uses; • the approximate location of all natural and artificial features (buildings, railways, roads, watercourses, drainage ditches, banks of rivers or streams, wetlands, wooded areas, wells and septic tanks) that are on the subject lands, adjacent to the subject lands, or in the opinion of the applicant may affect the application; • the current uses of the land that is adjacent to the subject land; • the location, width, and name of any roads within or abutting the subject land, indicating where it is an unopened road allowance, a public traveled road, a private road, or a right-of-way; • the location of the parking and docking facilities to be used (if access will be by water only); • the location and nature of any easement affecting the subject land. (b) Written comments from the Elgin St. Thomas Health Unit, Long Point Region Conservation Authority and Ministry of Transportation (if applicable). (c) If a private sewage system is necessary, pre-consultation with the Chief Building Official is required about the approval process 18. If this application is signed by an agent or solicitor on behalf of an applicant(s), the owner's written authorization must accompany the application. If the applicant is a corporation acting without an agent or solicitor the application must be signed by an officer of the corporation and the seal if any must be affixed. 19. Additional Information as required by Council 4ched Pact 9 57/e i bt? — s)/7'4/e-1CirzOCr 'Ie.7%'- ,`J f r,, ?C)0 i 0 ()RCP uYrc'S opc%r2Ct I f I Municipality of Bayham Zoning By-law Amendment Application Page 8 20. If this application is to accommodate the consent of a surplus farm dwelling,please provide the following Information: Date surplus farm dwelling was erected: Please provide the assessment roll number, location, and zoning of the farm parcel with which the subject lands are being consolidated. Roll# 34-01 - 911 Address: S-37(1 C/ter/. e Per Zoning Classification: 2(A.l At) /' /r' I/We, x tic( 7 l Pig 1/oL 1i)--7 ' , of the x f:`(),.,tel i Cli(0i,t,).`4" ''\ Nafne Town/Township/CityNillage etc. of x �- ,L,-'\L - , in the County of x i C= I I ,do solemnly declare: Municipality Name Cour* Name (i) that I/We am/are the owner(s)of the lands described above (II) that to the best of my/our knowledge and belief,ail of the Information and statements given In this application and In all exhibits transmitted are true. (III) that I/We hereby appoint Lindsey Bruce and Joel Tanner to act as an Agent on my/our behalf In all aspects of this application. Owners)Signature(sj -Z `' Q1/ Anc@Ne make this solemn declaration conscientiously believing it to be true,and knowing that it Is of the same force and effect as if made under oath,and by virtue of the "Canada Evidence Act' DECLARED BEFORE ME at the: `��'r- ),))---\-- � of �,�'.���C,,Cy���"'/?'i' Owner /gent �i/�o����Biu rc�7/g/7/0-gee In the County/Region of L this JQ day of /V /V-ei('lh1' 20 ti? Owner 1 Agent f . A Commissioner,etc. DO NOY SCALE DRAWINGS i '\, N N. . wo P ro.,„ LEGEND '\•'\, 'mam:a:;,a�x:.""m�aoeN. A Existing House-to be converted to 2”°dwelling unit ..-i '\ -111.48m2 .V. ® Proposed New Shop •�•,�• - -557.41m2 I •�• 0-2 Existing Shop '\• S V © -167.22w2 I \, OJ • \• _' 0) OProposed New House+Deck I •\`•\• f"a CO -215.09m2+90.80m2 ' •\. VI: N I , Z�V�'1vE U 1 I vs ' � s LOT STATISTICS I e I Q N Q 5379 Clarke Road,Vienna,Ontario ii n Zoned Al I IE t ,es 8 Lot Area:196,594.81 m2 I I g Front Yard:Required 15m; Existing:21.36m . . ® 9 Rear Yard:Required tOm; Proposed:255.33m ,)' 1 9 ,E,="'-----,.L� Side Yard:Required 3m; Existing:110.69m I C LA R K E ROAD ,(2.— l p 21.36m' "" 1,-; Proposed:192.71m Q '' '.¢ Lot Coverage:Allowed 20%; Proposed: 1142m2 I ---1 ".F. or 0.58% ''-� 11 1I DRIVEWAY VA 3 328.79m EASTING OBEDRIVE AY '//% :;'1/41:11'. �new dwelling PUM.T / spm Cr a Rr.T�� Date Type: i ,/�/:�/// 755m Q w..t2 sole we Pen I.; �_1 exst.dwelling ��� / /„< :i. sass ('. 7,',':),'';0:,,','",/=NU V//I new deck 26082m i7% iO 111 a/''.// i'!',006,4,V'' '' � 1 j/�� '' /..' Isiup U I iikfi'.,o--// 95 / / 9y� ti • 200 j/// /" 1 g` L .\' 11 473.\• VI' ♦ Rey:By JT •\. \ e ° ' mown ND •\•♦ REEK % PM Bele •`C\\ : U \., /� Page �_i •\ • / ( ''\• SP1 .01 1 Site Plan / '\'`\I Site Plan J sP1.0Scale 1:1500 1 J 49e /0 V/3 ./9.4/0g, Long Point Region Conservation Authority 4 Elm St.,Tillsonburg ON N4G 0C4 Tel: (519)842-4242 ext.229 Fax: (519)842-7123 Email: Imauthe@lprca.on.ca Website:www.lprca.on.ca November 8,2018 Roll#3401-000-001-11000 Municipality of Bayham Attn: Margaret Underhill 56169 Heritage Line Straffordville, ON NOJ 1Y0 RE: Temporary Zoning By-Law—5379 Clarke Road, Bayham It is staff's understanding that the owners of 5379 Clarke Road in Bayham wish to apply for a temporary zoning by-law amendment to allow for a second dwelling on the subject lands. Conservation Authorities have been delegated responsibilities from the Minister of Natural Resources and Forestry to represent the provincial interests regarding natural hazards encompassed by Section 3.1 of the Provincial Policy Statement, 2014 (PPS). The overall intent of Section 3.0 - Protecting Public Health and Safety of the PPS is to reduce the potential public cost or risk to Ontario's residents from natural or human-made hazards. As such, "development shall be directed away from areas of natural or human-made hazards where there is an unacceptable risk to public health or safety or of property damage, and not create new or aggravate existing hazards." The subject lands are prone to flooding and erosion from South Otter Creek and a portion of the property is regulated by LPRCA under Ontario Regulation 178/06 and permission from LPRCA is required prior to any development within the regulated area. Based on the information provided LPRCA staff have no concerns regarding the proposed zoning by-law amendment to temporary allow a second dwelling on the property as there appears to be sufficient room on the property to locate the second dwelling outside of the regulated area. Sincerely, 1 i'n 'k Leigh-Anne Mauthe, BES Planning Technician Regulations Officer a A member of the Conservation Ontario Network IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 0 ibigroup.com Memorandum To/Attention Municipality of Bayham Date December 19, 2018 From Paul Riley, CPT Project No 3404 -704 cc William Pol, MCIP, RPP Subject Brian Jeffery Andries and Valjdeta Templeton - Application for Zoning By-law Amendment 5379 Clarke Road 1. We have completed our review of an Application for a Zoning By-law Amendment, submitted by Brian Jeffrey Andries and Valjdeta Templeton, for a property located at 5379 Clarke Road west side, north of Glen Erie Line. The applicant is requesting a zoning by-law amendment to temporarily change the zoning on a 19.6 ha(48 acres)parcel from Agricultural (A1)Zone to a combined Agricultural and Temporary (A1/T2-XX) Zone for a period not to exceed three (3) years in Zoning By-law Z456-2003. The change is to allow a main dwelling and secondary dwelling on one lot for a maximum of three years, with the construction of a new primary dwelling unit and recognition of the existing dwelling unit as a second unit. The subject lands are designated as"Agriculture" and "Natural Gas Reservoir" on Schedule"Al" Land Use and "Hazard Lands" on Schedule "A2" Constraints of the Official Plan of the Municipality of Bayham. The lands are currently zoned Agricultural (A1) and LPRCA Regulation Limit on Schedule"A" Map No. 14 in Zoning By-law Z456-2003. 2. The property comprises a residential dwelling and shed. There is an existing dwelling with a floor area of 111 m2 (1,200 ft2)and shop with a floor area of 167 m2 (1,800 ft2). The applicant is proposing to build a new driveway, a new dwelling with a floor area of 215 m2 (2,315 ft2) and a new shop with a floor area of 557 m2 (6,000 ft2). The lands are rolling and wooded. There is a creek valley located west and south of the existing and proposed buildings. The parcel has a lot frontage of 480 m (1,575 feet) on Clarke Road and lot depth of 415 m (1,360 feet). Surrounding land uses are agricultural. Clarke Road is a gravel road maintained year- round. The Long Point Region Conservation Authority provided confirmation that they have no concerns regarding the proposed temporary zone as there appears to be sufficient room on the property to locate the buildings outside the regulated area. 3. The Strong Communities through Affordable Housing Act, 2011, amended the Planning Act to require that municipalities authorize second units in their official plans and zoning by-laws. The changes took effect on January 1, 2012. The Municipality has applied for an Official Plan amendment to update the Official Plan to include second unit policies, following Council adoption of the Municipality of Bayham Official Plan Five-Year Review. Following the approval of the Official Plan amendment second units will be a permitted use, however, the zoning by-law requires an update as well, scheduled for 2019. In light of the Provincial policy direction to permit second units, essentially increasing alternative and affordable housing options, we have considered temporary zoning sufficient to permit the use prior to full adoption of new second unit policies and regulations. 101 Group Professional Services(Canada)Inc.is a member of the IBI Group of companies IBI GROUP MEMORANDUM 2 Municipality of Bayham—December 19,2017 4. The Official Plan of the Municipality of Bayham Section 8.15 Temporary Use By-laws sets out the policies for temporary uses. Notwithstanding other policies in the Official Plan, according to Section 8.15 Temporary Use By-Laws may be passed to allow land, buildings or structures, to be used for a period not exceeding three years in accordance with Planning Act Section 38. Section 8.15.3 Criteria provides criteria for Council to consider in evaluating applications for temporary use by-laws, including: Section 8.15.3.1 a) That the proposed use is temporary in nature and will not preclude the future development of the site, nor will the use be difficult to terminate when the authorizing by-law expires; The nature of the temporary use is to allow for a second unit temporarily until the use is permitted in the Official Plan and Zoning By-law. b) That the proposed use is not incompatible with adjacent land uses... There are no dwellings or other sensitive uses and the use is not incompatible with the agricultural uses nearby. c) That parking required by the proposed use is provided on-site Adequate parking is proposed for the use.There is a private driveway to meet the needs of the residents of the second unit and a private driveway proposed for the new dwelling. d) That the temporary use will be evaluated on the proposed servicing, and that the use will not create or increase any servicing problems on or off the site. The applicant indicates that a new private dug well and individual septic system are to be built to service the new dwelling and the existing well and septic system will continue to service the second dwelling. Section 8.15.3.2 a) Temporary Use By-laws shall only be enacted for uses which will not preclude the future development of any lands for their most appropriate use. In the near future second unit use will be a permitted use in the agricultural designation, therefore, the proposed use is an appropriate use of the lands. b) Council shall consult with property owners and any other agencies or individuals who might have knowledge of when conditions might suit the development of the property. The area is intended to remain agricultural. c) Only uses which will not create land use conflicts or disrupt the use and development of neighbouring properties shall be authorized by Temporary Use By- laws. IBI GROUP MEMORANDUM 3 Municipality of Bayham—December 19,2017 There are no land use conflicts anticipated based on the continued use of the existing dwelling nor with the construction of a new primary dwelling. The proposed location of the new dwelling and continued residential use of the existing dwelling will not impact the development of neighbouring properties. d) Notwithstanding the above policies, temporary uses that are not otherwise permitted by the Official Plan as permanent uses, may be permitted by Temporary Use Bylaws. The proposed second unit use is a permitted temporary use. Based on an evaluation of the criteria set out in Section 8.15 the proposed use is temporary in nature, compatible with surrounding uses, does not preclude future development, has adequate parking and will be adequately serviced. The proposed change is consistent with the Official Plan. 5. The Zoning By-law of the Municipality of Bayham Section 26 Temporary Uses applies to this application. Section 26.1 Permitted Uses permits a land use which is appropriate in the short-term but is otherwise prohibited. Section 26.2 Supplementary Regulations states that "temporary uses will be subject to the main use zoning provisions"for the site, i.e. the Agriculture (A1)Zone. The proposed location of the new dwelling and second unit meet the setback requirements for the Al zone. The subject site is below the minimum lot area, however, the existing non-conforming nature of the reduced area does not necessitate a permanent zone change. Aside from the non-conforming reduced area, the proposed temporary use is in conformity with the zoning by-law. 6. Based on our review of this application we have no objection to Council approval of the request for zoning by-law amendment from an Al zone to an A1/T2-XX zone to permit a main dwelling and secondary dwelling on one lot for a maximum of three years. Pei 1� . IBI GROUP Paul Riley, CPT Consulting Planner to the Municipality of Bayham THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2681-2019 ANDRIES AND TEMPLETON BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT Section 26 Temporary(T)Zone, as amended, is hereby further amended by adding the following section to 26.4 Defined Areas and End Dates: 26.4.5 A1/T2-8 as shown on Schedule "A", Map No. 14, permits the conversion of an existing dwelling to secondary unit following construction of a new primary dwelling, for a period not to exceed three (3) years, ending January 17th, 2022. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 14 by changing the zoning symbol on the lands from Agricultural (Al) Zone to a combined Agricultural and Temporary (A1/T2-8) Zone, which lands are outlined in heavy solid lines and marked A1/T2-8 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 17T" DAY OF JANUARY 2019. READ A THIRD TIME AND FINALLY PASSED THIS 17T" DAY OF JANUARY 2019. MAYOR CLERK SEE SCHEDULE A-MAP No.11 SEE SCHEDULE H- MAP VIENNA •• SEE SCHEDULE A-MAP No.11 t t d moi, t LOT 16 )\ -/ l LOT 1) . I.' i 1, m LuT I2 / �r w LOT.f� 1 x 7 f C i nor t:/ 1 N i, . ,oT1s z ~' / N a l \ '1' LOT 16 .'s1 :-,;--- a \ \ 1; CON 2 LOT 17 LOT 18 > I i l' oc , R ; bg�{ I `J A1/T2-8'` \ rl (EXPIRES ` ? `1 j , JANUARY.19_ / _Y ) 2022)` ''- t� / ! ; — c�E.Y�— w 1 / tF '''L , ; -.I- r N,'' 1 ,---) SEE SCHEDULE I- "- MAP PORT BURWELL '''''"7 , if- '1 — , — ---::',73::7,, 7: rM,.. , h $' 3 mss„ �.tf -„ .,tom. This is Schedule"14"t,;' By law `-' 1, °'- No.2681 2019, passed the ` . day of ,2019 N4 Mayor Clerk Aek MUNICIPALITY OF BAYHAM SCHEDULE A Legend NORTH MAP No. 14 LPRCA Regulation Limit 0 150 300 600 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 Me166 iNxICHA.4 REPORT ./ 016% DEVELOPMENT SERVICES rtunity IS u TO: Mayor & Members of Council FROM: Margaret Underhill, Deputy Clerk/Planning Coordinator DATE: January 17, 2019 REPORT: DS-04/19 FILE NO. C-07/ D09 Froese Roll # 3401-000-006-05700 SUBJECT: Consent Application E92/18 Froese BACKGROUND: Consent application E92/18 was received from the Elgin County Land Division Committee submitted by Isaac and Maria Froese proposing to sever a 1.66 ha (4.1 acre) parcel and retain 70.8 ha (175 acres) known municipally as 10909 Plank Road for the purpose of severing a surplus farm dwelling. The subject lands are designated "Agriculture", on Schedule "Al" Land Use of the Official Plan and zoned Agriculture (A1) on Schedule "A" Map No. 6 in the Zoning By- law No. Z456-2003. Elgin County Land Division Committee will consider the application on February 6, 2019. DISCUSSION: The proposal suggests creating an irregular shaped parcel encompassing the dwelling, existing sheds and storage barn, septic system and well servicing the dwelling. The proposed configuration is larger than necessary to accommodate the dwelling with amenities and therefore the planner suggests in the Memorandum dated January 11, 2019 the severed lot size be slightly reduced in order to retain as much agricultural land as possible and straighten several boundary lot lines. The proposed severed lot is 16,616 m2 (4.1 acres) and the suggested reduced lot would be 11,000 m2 (2.71 acres), which is closer to the intent of rural residential (surplus farm dwelling) lot sizes. The applicant exhibited through the Article of Incorporation that the severance of a surplus farm dwelling qualifies through farm consolidation with the owner's agricultural farm parcel dwelling located at 55903 Maple Grove Line. The land owners along with the Municipality of Bayham and Town of Tillsonburg are currently in process to formalize a Transfer of Easement Agreement for use of the right-of-way (ROW) known as the Otter Valley Utility Corridor as access. The access to the dwelling has existed for decades without a formal agreement. Staff Report DS-04/19 Froese 2 • Further to this, there is a section of unopened road allowance running north/south on the east boundary of this property proceeding northerly through the middle of the adjacent farm parcel. Staff would propose this road allowance be stopped up, closed and conveyed to abutting property owners as a title defect correction pursuant to Section 2.6 of Bayham By-law No 2015- 021. The subject property owner(s) would be responsible for covering all costs. Sections of the same road allowance both north and south of the subject lands were previously closed and conveyed. Other conditions standard to this proposal would include: rezoning of both the severed and retained parcels, civic number signage for the retained, planning report fee and the survey. The planner's memorandum dated January 11, 2019 analyzes the application subject to the Official Plan and Zoning By-law policies. The application meets the criteria for the severance of a surplus farm dwelling. Staff and planner recommend Council's support of the application with the recommended conditions. ATTACHMENTS 1. Consent Application E92/18 2. IBI Memorandum dated January 11, 2019 RECOMMENDATION 1. THAT Report DS-04/19 regarding Consent application E92/18 Froese be received for information; 2. AND THAT Council recommend to the Elgin County Land Division Committee that Consent Application E92/18, submitted by Isaac and Maria Froese, be granted subject to the following conditions: 1. Reduce the lot area and straighten lot boundary lines of the severed parcel to retain more agricultural land as presented in the IBI Group Memorandum dated January 11, 2019 with Bayham Staff Report DS-04/19 2. Easement Agreement for use of the right-of-way (ROW) lands known as the Otter Valley Utility Corridor to establish legal access to Plank Road with the subject property owner covering all costs 3. Part 3 of 11R5278, being a portion of unopened public right of way, pursuant to Section 2.6 of Bayham By-law No. 2015-021, Sale & Disposition of Land By- law, be stopped up, closed and conveyed to abutting property owners as a title defect correction with the subject property owner(s)covering all costs 4. Rezoning of both the severed and retained parcels 5. Purchase of civic number sign from the municipality for the retained parcel's access on Maple Grove Line 6. Planning Report fee payable to the municipality 7. Digital Copy of the final survey provided to the municipality Respectfully Submitted by: Reviewed by: /Margare derhill Paul Shipway Deputy Clerk/Planning Coordinator CAO/Clerk . R 4V e c ci SE02red r ca\ skQ Ch i1JZo1s COUNTY OF ELGIN LAND DIVISION COMMITTEE APPLICATION FOR CONSENT 1. Name of approval authority ELGIN COUNTY LAND DIVISION COMMITTEE 2. Name of Owner Tsaac and Maria Froese Address 55903 Maple Grove Line, Eden, ON NOJ 1H0 Telephone Number 519-550-1164 Email Name of owner's solicitor or authorized agent Civic Planning -Solutions Tnr, (David Roe) Address 599 Larch St. Delhi, ON N4B- 3A7 Telephone Number 519-582-1174 Email dfrfP7e. MP corn Please specify to whom all communications should be sent: Owners ( ) Solicitor ( ) Agent (x) signs to owner 3. (a) Type and purpose of proposed transaction: (check appropriate space) Transfer: creation of a new lot Other. mortgage/charge addition to a lot lease x surplus farm dwelling — easement/R.O.W. technical severance correction of title other(specify (b) Name of person(s),if known,to whom land or interest in land is to be transferred;leased or charged: unknown (c) If a lot addition,identify the assessment roll number and property owner of the lands to which the parcel will be added: 4. (a) Location of land: Municipality Bayham Concession No.8 Lot(s)No. 19 and 20 Registered Plan No. Name of Street Plank Road _ Street No.and/or 911 No. 10909 Assessment Roll No. (b) Are there any easements or restrictive covenants affecting the subject land? Yes (x ) No ( ) If Yes,describe the easement or covenant and its effect: • Right of way for access to lot over former rail line. 5. Description of land intended to be severed: (Accurate Measurements in Metric)Parcels A & B Fronts e nil Z3yg_7.1 9 r Y:E- Depth 131.6mS rea 16568m2 + 48.41112 Existing Use Agricultural Proposed Use Residential (4.lac) Number and use of buildings and structures on the land to be severed: Existing House, shed and storage barn }- wopeitsived Proposed nothing 6. Description of land intended to be retained: (Accurate Measurements in Metric) Frontage 7.6m + 136m Depth 1207m Area 175ac Existing Use Agricultural Proposed Use Agricultural Number and use of buildings and structures on the land to be retained: Existing none Court'a4 Egin engnegnng ar$ces Proposed nothing 4505a11.5?to,,_ Fhane:519-631-1460 .,>vice!gir..ou.^,y.ca _.a .. :`sdGr°'��`yx �,;. .3.-•."� .',4,.,E. 6.�:.. �...�^ o,. .,c`r...'Ytia ns e g • -2- 7. Number of new lots proposed (including retained lots) 2 8. Type of access for proposed and retained lot: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Provincial Highway ( ) ( ) Municipal road, maintained all year (x ) via ROW ( x ) Municipal road, seasonally maintained ( ) ( ) Other public road ( ) ( ) Right Of Way ( ) ( ) Water access ( ) ( ) If proposed access is by water,what boat docking and parking facilities are available on the mainland? (specify) 9. (a) What type of water supply is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated piped water system ( ) ( ) Privately owned and operated individual well ( x) n/a ( ) Privately owned and operated communal well ( ) ( ) Lake or other water body ( ) ( ) Other means (specify) (b) If existing water supply is provided from a privately owned and operated individual/ communal well,the owner shall be required to provide written confirmation from a licensed well installer that the private well provides the quality and quantity of potable water required by Provincial standards. (Written confirmation to be attached to the Application) 10. (a) What type of sewage disposal is proposed: (check appropriate space) TYPE PROPOSED LOT RETAINED LOT Publicly owned and operated sanitary sewage system ( ) ( ) Privately owned and operated individual septic tank ( x) n/a( ) Privately owned and operated communal septic system ( ) ( ) Other means (specify) (b) If existing sewage disposal is privately owned,the owner shall be required to provide written confirmation from a licensed septic installer that the system is in satisfactory operating condition. (Written confirmation to be attached to the Application) 11. When will water supply and sewage disposal services be available? existing 12. What is the existing Official Plan designation(s) of the subject land? Agricultural 13. What is the existing Zoning designation(s)of the subject land? Al -3- 14. Has the subject land ever been the subject of an application for approval of a plan of subdivision under the Planning Act? Yes ( ) No (x ) Unknown ( ) If Yes, and known, provide the application file number and the decision made on the application 15. If this application is a re-submission of a previous consent application,describe how it has been changed from the original application 16. (a) Has there been any previous severances of land from this holding? Yes ( x) August 2, 1 :41 No ( ) (b) If the answer to(a)is Yes, please indicate previous severances on the required sketch and supply the following information for each lot severed: Grantee's name Use of parcel Date parcel created 17. If this application is for a lot addition, has the lot to be enlarged ever been the subject of a previous severance? Yes ( ) No ( x) If Yes, provide the previous severance File No. 18. (a) If the application involves the severance of a surplus farmhouse (through farm consolidation), please explain how it qualifies as surplus in the municipality which it is situated. PP4 7.4 � 1 1 1 { d 1 i n�severartee -b QG,, 4 4 'SC44,3 Mo p2.A_Qi wQ l�r.o 19. (a) Are there any barns within 750 metres of the proposed severed lands? Yes ( x ) No ( ) i) Now used for livestock? Yes ( ) No ( x) ii) Capable of being used for livestock? Yes ( ) No ( x) (b) If there are livestock barns located within 750 metres of the dwelling on the retained lands a MDS 1 calculation is required to be submitted with this application for consent pursuant to Minimum Distance Separation(MDS)document-Implementation Guideline#6. 20. Is the owner,solicitor, or agent applying for additional consents on this holding simultaneously with this application,or considering applying for additional consents in the future? Yes ( ) No (x ) 21. Is the subject land currently the subject of a proposed official plan or official plan amendment that has been submitted to the Minister for approval? Yes ( ) No (x ) If Yes, and known,specify the Ministry file number and status of the application -4- 22. Is the subject land currently the subject of an application for a zoning by-law amendment, Minister's zoning order amendment,minor variance, or approval of a plan of subdivision? Yes ( x) to be submittal ( ) If Yes,and known, specify the appropriate file number and status of the application 23. (a) Is the application consistent with the Provincial Policy Statement 2014 issued under subsection 3(1)of the Planning Act? Yes (x) No ( ) (b) If Yes, identify policies from the Provincial Policy Statement 2014 to support this application for consent �t o 0 2. 3, q I �j surplus farm dwelling 24. Is the subject land within an area designated under any provincial plan or plans? Yes ( ) No ( x ) If Yes,does the application conform to or conflict with the applicable provincial plan or plans 25. The Owner/Applicant/Agent hereby authorizes Land Division Committee members and the Corporation of the County of Elgin staff to enter onto the subject property for the purpose of Site inspections with respect to this application. 26. The Owner/Applicant/Agent hereby consents to disclosure of the information contained in this Application pursuant to Section 32(b)of Bill 49, Chapter 63,S.O. 1989, being an Act to provide for Freedom of Information and Protection of Individual Privacy in Municipalities and Local Boards. 27. DETAILED SKETCH: The application shall be accompanied by a detailed sketch showing the following: - the boundaries and dimensions of the subject land,the part that is to be severed and the part that is to be retained; - the boundaries and dimensions of any land owned by the owner of the subject land and that abuts the subject land; - the distance between the subject land and the nearest municipal lot line or landmark,such as a railway crossing or bridge; - the location of all land previously severed from the parcel originally acquired by the current owner of the subject land; - the approximate location of all natural and artificial features on the subject land and adjacent lands that in the opinion of the applicant may affect the application,such as buildings, railways, roads,watercourses,drainage ditches, river or stream banks, wetlands,wooded areas; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be created and shall comply with the Zoning By-Law setbacks; - the location of private wells and septic system must be located entirely within the boundaries of the lot to be retained and shall comply with the Zoning By-Law setbacks; - the existing use(s)on adjacent lands; - the location,width and name of any roads within or abutting the subject land, indicating whether it is an unopened road allowance,a public travelled road,a private road or a right of way; - if access to the subject land is by water only,the location of the parking and boat docking facilities to be used; - the location and nature of any easement affecting the subject land. -5-- Dated at the Municipality of Central Elgin this 1 -1"k day of a 20 1 SIG E APPLICANT(S),SOLICITOR OR AUTHORIZED AGENT AFFIDAVIT OR SWORN DECLARATION l/We DAvid Roe of the of in the County of Norfolk solemnly declare that all the information contained in this application is true, and 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 I��n�C111--(t of CrtkI C1C in the CCU 0C El I n this 11 µ m ignature day of 20 I g Signature Susan Dianne Galloway,a 41112�(f )� 4 V V . Commissioner,etc.,County of Elgin,for - Commissioner, ettcc,"" L-11 ItieCarporauonofthe County ofElgin. Expires January 6,2020. If this application is signed by an agent or solicitor on behalf of an applicant(s),the owner's authorization must accompany the application. If the applicant is a corporation acting without agent or solicitor,the application must be signed by an officer of the corporation and the seal, if any, must be affixed. It is required that one copy of this application be filed,together with one copy of the detailed sketch described,with the responsible person, accompanied by a fee of— $1,250.00 in cash or by cheque made payable to TREASURER, COUNTY OF ELGIN An additional fee of$300.00 will be charged for affixing the consent stamp. Revised May 2018 AUTHORIZATION TO APPOINT AN AGENT NOTE: This form is only to be used for applications,which are to be signed by someone other than the owner(s). To: Secretary-Treasurer Land Division Committee Corporation of the County of Elgin Description and Location of Subject Lands: Lots 19 and 20, Concession 8 Bayham I/We,the undersigned,being the registered owner(s)of the above lands hereby authorize David Roe Norfolk County of to: (Agents Name/Names) (Agents City/Town of Residence) (1) make an application on my behalf to the County of Elgin Land Division Committee; (2) appear on my behalf at any hearing(s)of the application;and (3) provide any information or material required by the Land Division Committee relevant to the application. Please Print Names in Block Letters Below Signatures Dated at the Municiplaity of Bayham Y42this �j September 18 day of 20 / Signature of itness Signature of Owner Signatu o Hess l ict-t'a Owner Signature of Owner Signature of Witness Signature of Owner .. .. •. icryx," _1J--19 9 ELGIN r,,A/cf Fl i ---- 9 2 / 18 ... ---,,-1 ------ / , ,,,,,, / /...,,, /3 y.„--; 2/ Legend ,,,,,.- .////, .- • r---1 • 0 -.->./ ... ------___ ,L7.,_,., Arterial oligghanHighways a ,/ Parcelsys ___. _____ i ,• . • 9., , 7,4// .__. .7( f___,_____,_.---/— • ii .12. /.,-- Wo d St Map 1-_,Tz---•'-' n Bou11ndaryr„t — G''.--VtE 1._______ • Sever \ \\ , . . ..• 20 ...., :-.• .r '. .-- . . , . • . Retained /4/ h - House s - Shed b - Barn 21 • ."--1 li •-•,,, — . ' 4 . , I. . . . , . . . . -,-- .. ...,.._./ '.,.: ---1 r----- ::. // l• ',2--- 0 o 7D o A II m /rr LOT 20 $ CONCESSION 8 PARCEL 'A' .- rn D // TO BE SEVERED O / GEOGRAPHIC TOWNSHIP 1 OF BAYHAM k C .- xi /FO /0 7 /i'q/ jzrN D � OgN <94'S O yn I yq 1RF T^' �v• ii'i oCD06, A 4 /NF,- oFy�/T xi ,� /c 3.339i q M y i l I ROAD ALLOWANCE ,,/ ROAD ALLOWANCE 6 I BETWEEN q ~` as, \� 1\ LOTS AND 21 4'•F ,'""x ' LOTS 20 AND 21 r, <0T I 40g 'j' 'ct., �,5,� +� ��A'ya F % YE99 V O'f / 0 --1 \ Aqc M R i to \ r ten° C/A' Oqn/ / C co = e�qg �' \\rn O \\� y 'q/4 qO/qN/ RI N 2p \\yam \� ro rQ �qy/� c P3 s -� \ C N�gti/r c% /� ;p m F M a \ R q sry �i U Z C)tc0�t cFOG ��N my sAsA \ °� 40R� Zn Zen /ecs, C� a ��`9� Sf.9Z �� y"rt SSS/ R44 o ; u)o oy cno�g �yMfi �� A�ls�� 1� TO ° D m 4 2 Z0 p �� :14I �R�F< 1 \\ �F R r 1�t0 3N Frgi z o 0 7 -7' ED, N p`9' T `. e 0P FO a Ao ,y„,r .q,,/F/C p e� �\\-79..20 9.20�n1-47, t 03 Ili 1' co, �./<,37.„4 SF�RF 0, '*' �/iy. q y a O D /?IG, / o $fS ��J :1,9 '‘I.?-1'O��9 / /o ` \\\\ 4.. \ f ” p DN ROAD ALLOWANCE BETWEEN LOTS 20 AND 2-1 \ ROAD AuoWANCE BETS LOIS 20 AND 21 t 4 F o PART l 17F1-31 5 \ f`� PART i / og. O0 N »R�4Y% C m DCC LOT 21 CONCESSION 0 — l� 5 Cd C L 9,yr Z a_,A r m `ri-<Z GEOGRAPHIC TOWNSHIP OF SAYHAMI r? A� 0��J .......NORTH�� Q 35339 Saintsbury Lite 'IBI:(519)227-0057 Lucan,Ont. NOM 2J0 YD�� � Fax:(519)227-1799 �/ Since 1944 itHIS • October 1,2018 To whom it may concern: In regards to the severance application for our client Isaac Froese ifro a.amtelecom.net and pertaining to the following address: 10,704 Plank Road Eden,ON NOJ 1HO(to be severed),and 55903 Maplegrove !' Line,Eden,ON NOJ 1H0(to be retained) The existing well at 1.0.404 Plank Road,Eden in which this land is to be severed, was inspected and is producing enough water for household use,as the well was test pumped,and rated at s G.P.M.at the time of inspection- The well was Ifo inches in height and had a 10"casing with new lid. it has a submersible pump and pressure tank in the basement in good working order.As well,our client has taken water Samples to be tested and has the results. The well record was unable to be found on the Ministry website. Please feel to call if any other information is needed_at(519) z7-Qo57. Sincerely, Jay Hayden Hayden Water Wells Contractor* 7090 Tech -1034 Ch/JH *30"Fiberglass*6"Screened*6"Bedrock Wells*Irrigation Well Specialists*Complete Pump Systems 'Public Sante Public Health Laboratory-London Health publique 850 Hi Ontario OntariHighbury g ryAve.,5th Floor •AelHles ron XuuH ,..a.A,,,,POUR SANTE London,ON N5Y 1A4 Bacteriological Analysis of Drinking Water for Private Citizen,Single Household Only Pick Up Analyse bacteriologique de l'eau potable-Particuliers,Menages unifamiliaux seulement ,Submitter's Name and,Malling Address I- Location of Water Source I Nom at adresse postale de rauteur.de la demands d'anayse Emplacement de la,apurce d'eau First Name,Last Name/Prrnom,Ndm de FSmtge Lot,Concession l ou lot Concession emergency Locator#/911# ISAAC FROESE 20 8 10909 Street address f Adresse municipals Street address/Adresse municipale 55903 MAPLE GROVE LINE' PLANK RD EDEN,ON NOJ 1HO. ' BAYHAM ON N0JIH0. County f Comte:ELGIN - Health Unit#%#du bureau de serita:2231 Specimen details!Details sur I'echantillon: Barcode/Codeia b'arres 009500440,.- Purification system used(e.g.IN filtration,etc.)?/ No I Non Phone#/#tel.:519 550 1164 Systeme d'epuretion utilise(p.ex.rayons UV,filtration,etc.)? Date/rime Collected/Date/heure du prdlevement•:2018-10-01 12:40:00 Authorized by(Position)/Autorise par(Position) Date/Tlme Received/Datelheure Regu le*:2018-10-02 15:24:00 Dr.Vanessa Gray Allen(Chief,Medical Microbiology) Specimen Note/Note sur i'echantilion: This specimen was received in good condition unless otherwise statedJA moins d'avis contraire,I'echantillon etait en bonne condition au moment de la reception. Test results I Resultats d'analyse: Total Coliform CFU/100 inL/Coliformes totaux:UFC/100 mL 0 •E.coil CFU/100 mL/E:coli UFC/100 mL • 0 Interpretation/Interpretation:• ' The presence of coliforms may be indicative of a contaminated water supply:Given the vulnerability of well.water to external influences,it is important to test water frequently.Consult local health unit for information if required: • La presence de coliformes peut etre revelatrice dune source d'eau polluee.L'eau des puits etant susceptible d'etre degradee par des facteurs edemas,it estimportant de la faire analyser fre' • quemment-Consultez le bureau local de sante publique pour plus de details,si necessaire DateofAnalysis/Date'de l'analyse: 2018-10-02 _ DateRoad/Analyse effectu4e.le:2018-10-03 Please Note/Prlere de noter ce qui suit: These results relate only to the sample tested./Le resuftat obtenu se rapporte seulement A cat echantllon d'eau analyse. Note:This water sample was only tested for the presence of both Total Coliforms and E.colt(ISO/IEC 17025 accredited tests)bacterial indicators of contamination by Membrane Filtration.The sample was not tested for other contaminants,including chemical contaminants,and therefore may be unsafe to drink even when there is no significant evidence of bacterial contamination.Contact your local public heath unit for information on testing for other contaminamJ Remarque:Cet echantifon d'eau n'a ate analyse qua pour deceler(par un laboratoire acerddte conformement Ala norms ISO/IEC 17025)la presence des coliformes totem et des bactades collibadtiaires, indicateurs de contamination par filtration sur membrane.L'echanblion n'a pas ate taste pour d'autree contaminants,y compris lee contaminants chimiques et,par conse quant,Peau pout etre impropre a la consummation mems Iorsgu'l ny a aucune preuve significative de contamination bacladenne.Veutilez cammuniquer avec la bureau de sante publique de vote locarde pour vous renseigner au sujet de I'analyse visant a detector la presence d'aubes contaminants. If the reported client information does not match the Information you supplied on the form please contact the PHO Customer Service Centre. Telephone:1.877-6044567 or 416-235-6556 or E-mail:customenservicecenbe@oahpp.ca.For operating hours see our website www.publcheallhomrio.cafabs./Si les informations sur le Gent tmdiqu ees ne correspondent pee aux information qua vous avez foumies sur le fornulaire,veuillez communiquer avec le Service Ala clientele de SPO par telephone au 1- 877-604-4567 ou 416-235.6556,ou par courdel au customerservicecentre@oahpp.ca.Pour connallre les heures d'owerture,vetellez consulter notre site Web A www. publichealthontario.caAabs. End of report/Fin du rapport All time values are EST/EDT/routes las heures sont exprimees en HNE ou en HAE Prtnt,pats/Date,d'Impresslon•:2018-10-04 Page 1 of 1 LIMS Report#:29609319(ir1trr' Date(ia rtad/ ate du rapport': Or tato 3 pis pport•:2018-10-04 08:19:28 t i 4 �: X SingleSampleOPHL WATPRIVATE.ryt mew.... Exact Septics Inc. 43870 Talbot Line St.Thomas ON,N5P 3S7 519-207-0104 September 26,2018 Job Site Address:10909 Plank Rd.,Eden ON,NOJ 1H0 To Whom It May Concern, A septic inspection was completed at the above stated address. The technician found that the levels in the tank were normal. The baffles are in place.The tank has 800 gallon capacity and is in good shape.There were no signs of breaking out in the field bed area. The septic system appears to be working as it should. Exact Septics Inc.is not liable for any issues arising after date of inspection. -4,04(\ Oav\ F1,(i'-eye Exact Septics Inc. BCIN#13548 IBI GROUP I B I 203-350 Oxford Street West London ON N6H 1T3 Canada tel 519 472 7328 1 ibigroup.com Memorandum To/Attention Municipality of Bayham Date January 11, 2019 From Paul Riley, CPT Project No 3404-702 cc William Pol, MCIP, RPP File Subject Isaac and Maria Froese - Part Lot 19 and 20, Concession 8, 10909 Plank Road (County Road 19), Application for Consent E92/18 1. We have completed our review of amended consent application E92/18 submitted by Isaac and Maria Froese for lands located at 10909 Plank Road, west side, south of Ridge Line. The applicant is requesting consent for severance of 1.65 hectares (4.1 acres) of land; and to retain 70 ha (175 acres) of land. The intent is to create a residential lot surplus to the consolidated farm operation. The lands are designated Agriculture on Schedule "A": Land Use in the Official Plan and are zoned Agriculture (A1) on Schedule "A", Map No. 6 in Zoning By-law Z456-2003. 2. The proposed lot eastern boundary abuts 231 m (758 feet) of former railway right of way lands. The subject site comprises a single detached dwelling, shed, storage barn and wood shed. The site does not have frontage on a public road and are accessed across an unopened road allowance and right-of-way (ROW) to a County road maintained year round. The dwelling has private water and septic services. Surrounding uses to the north, south and west are agricultural and to the east residential. 3. The retained lands have a lot frontage of 143 m (470 feet), a lot depth of 1,207 m (3,960 feet) and an area of 70 ha (175 acres). There is a 7.6 m (25 feet) wide field access in the southwest corner and 136 m (446 feet)frontage in the southeast portion, both along Maple Grove Line. There is a wooded strip of land between the southeastern and northern agricultural with a lane access connection. The original application was amended by removing a proposed shared agricultural land and surplus dwelling access. Access to the retained agricultural lands will continue from a second access on Maple Grove Line. 4. The former railway corridor is now owned by the Municipality of Bayham and the Town of Tillsonburg and is referred to as the Otter Valley Utility Corridor. The existing dwelling has used an existing unopened road allowance across the railway corridor several decades. No evidence of a registered easement was found on the title of the IBI Group is a group of firms providing professional services and is affiliated with IBI Group Architects IBI GROUP MEMORANDUM 2 Municipality of Bayham—January 11,2019 property. The applicant and corridor land owners are in the process of establishing an easement agreement in order to provide legal access across the corridor. In addition it is appropriate for the Municipality to stop up and close the unopened road allowance and convey it to the applicant thereby securing permanent access across the railway right of way. 5. The Provincial Policy Statement 2014 (PPS) Section 2.3.4.1 Lot Creation and Lot Adjustments sets out policies for lot creation in prime agricultural areas.The proposed surplus residential lot is consistent with the PPS where further residential development is prohibited on the retained agricultural land. The proposed lot configuration is larger than necessary to accommodate the use and appropriate sewage and water services, however, the proposed configuration appears to comprise the lands currently used for the dwelling. The lot configuration generally follows the edge of cultivation, the extent of landscaping along the driveway, lands surrounding the metal buildings, wood shed, and a portion of wooded lands. According to the applicant the two metal buildings are used (and were built)accessory to the residential use, not for agricultural uses. The lot configuration would ideally be reduced in size, by keeping portions along the driveway and south of the accessory buildings with the agricultural parcel, as illustrated on the attached sketch. 6. Elgin County Official Plan Section E1.2.3.1 General Criteria states that provisional consent may be granted subject to appropriate conditions of approval for the severed and/or retained lot. The proposed surplus residential farm dwelling conforms to the consent criteria. a) The proposed lot will access a public road via ROW to County Road 19 (Plank Road), which is maintained year-round. b) The proposed access is established and existed for several decades. No change to the existing County road access is proposed. c) There is no indication a traffic hazard will be created because the dwelling is using an existing access. Farm access will be relocated to Maple Grove Line. d) The retained and severed lands lot area are in conformity with the minimum lot area regulations of the zoning by-law for Al and RR zones. The retained lands have frontage of 143 m (469 feet)where 150 m (492 feet) is the required minimum. The severed lands have no frontage on a public road. The future ROW access is less than the required 50 m lot frontage. These are both existing lot frontage that will be recognized in the zoning by-law amendment. Both the agricultural retained lands and the severed residential lot have adequate and safe access. IBI GROUP MEMORANDUM 3 Municipality of Bayham—January 11,2019 e) A zoning by-law amendment to a site-specific Special Agriculture (A2-XX) zone in order to prohibit any new residential development on the lands and to recognize the reduced lot frontage; and the applicant rezoning the severed lands to a site-specific Rural Residential (RR-XX) zone to recognize residential use and zero lot frontage. f) The proposed surplus dwelling is serviced with private water and sewage services. The applicant has provided a letter from Hayden Water Wells, dated October 1St, 2018, confirming the good working order of the existing well; water test results from Public Health Ontario confirming the water is safe as a drinking water source; and a letter from Exact Septics Inc. indicating the septic system appears to be in good working order. g) The surplus farm dwelling will not have a negative impact on the drainage patterns in the area based on a review of aerial photographs and the existing buildings. h) The surplus farm dwelling will not restrict the development of the retained lands or other parcels of land. i) The proposed surplus farm dwelling will not have a negative impact on the significant features and functions of any natural heritage feature. j) The proposed lot will not have a negative impact on the quality and quantity of groundwater available for other uses in the area. k) The proposed lot conforms to the Municipality of Bayham Official Plan. I) The proposed surplus farm dwelling lot will conform to Section 51 (24) of the Planning Act, as amended. The consent is generally consistent with the County of Elgin Official Plan. Based on the lot configuration it includes more lands than necessary for private water and sewage services. A preferred lot configuration would remove a small portion of wooded lands and place it with the retained with the larger woodlot\agricultural lands. We recommend that the lot configuration be amended to include less surplus lot area along the landscaped portion of driveway, west and south of the accessory buildings and wooded area as illustrated on the attached sketch. 7. Municipality of Bayham Official Plan Section 2.1.7 Farm Consolidation and Surplus Farm Dwellings sets out policies for surplus farm dwelling consents. Section 2.1.7.1 sets out the following criteria: a) There is no anticipated conflict from the proposed residential lot with agricultural operations or other existing land uses in the immediate area of the subject lands; IBI GROUP MEMORANDUM 4 Municipality of Bayham—January 11,2019 b) Based on a review of property boundary mapping there is no evidence of a prior severance of surplus dwellings from the subject lands. According to the application form there was a prior severance of the lands on August 2, 1961. It is assumed that the prior severance created the irregularly shaped property known as 55942 Maple Grove Line, used for agriculture / greenhouse purposes. The retained lands will be rezoned to an A2 zoning, prohibiting future dwellings from being developed. c) The applicant has indicated that the farm building cluster at 55903 Maple Grove Line is the principle residence of the farm operation and is located within the Municipality. The applicant has provided sufficient proof of ownership to qualify as a surplus farm dwelling. Section 2.1.7.2 includes the following criteria for consideration of the surplus farm dwelling lands: a) The proposed lot configuration is larger than necessary to accommodate the private water well and septic services. The sketch shows the well and septic in close proximity to the dwelling and excess lands surrounding the metal buildings. Furthermore the lands adjacent to the driveway, up to the edge of cultivation, are proposed to be severed, however, those lands could be brought into cultivation at some point in the future. The preferred lot configuration is shown on the attached sketch. b) The proposed lot appears to meet the provisions of the MDS 1 for livestock facilities and manure storage facilities on the proposed retained lands; there are not barns used for livestock within 750 m of the lot. c) The proposed surplus farm dwelling and retained agricultural lands must obtain zoning by-law approval prior to finalizing the consent. Section 2.1.7.3 includes the following criteria for consideration, the surplus dwelling lands may: a) The existing accessory buildings are larger than normally found on rural residential properties and disconnected from the farm operation across Maple Grove Line. Retaining the accessory buildings will not create a land use conflict. b) The accessory buildings are large enough to house livestock which could lead to land use conflict, therefore, the site-specific rural residential zone shall prohibit the keeping of livestock. Section 2.1.7.4 indicates that the retained lands shall: IBI GROUP MEMORANDUM 5 Municipality of Bayham—January 11,2019 a) The retained lands have a lot area of 70 ha where 20 ha (49 acres) is the required minimum in the Al and A2 zone. The lot frontage of the retained lands is 143 m (471 feet) where the minimum lot frontage in the Al/A2 zone is 150 m (492 feet). A site-specific rezoning is required to recognize the reduced lot frontage. b) Approval for a zoning by-law amendment for the retained lands to a Special Agricultural (A2) zone to prohibit any form of residential dwelling must be approved regardless of changes in property boundary or ownership. The proposed lot conforms to the Municipality of Bayham Official Plan for surplus farm dwellings. The proposed lot configuration is larger than necessary to accommodate private water and sewer services and therefore a reduced lot area could be considered to retain more agricultural lands. (see the attached sketch) 8. The subject lands are located in the Agricultural (Al) zone in By-law Z456-2003. The minimum lot frontage in the A2 zone is 150 m whereas 143 m is provided, therefore, reduced lot frontage should be recognized in the zone change. The proposed severed lot frontage is zero where the minimum lot frontage in the Rural Residential (RR)zone is 50 m (164 feet).The retained lands would require a rezoning to site-specific Special Agriculture (A2-XX) and the severed lands would require rezoning to a site-specific Rural Residential (RR-XX) zone. 9. Based on the above review of consent application E92/18 we recommend a revised lot configuration to increase retained agricultural land and to square the lot boundaries. The applicant justification for the lot configuration is based on the current extent of the land used by the dwelling. The orientation and location of the dwelling and accessory buildings necessitates an irregular shape, however, we recommend a slight reduction in size and straightening of several lot boundary lines. 10. Should Council approve the consent, we recommend the following conditions and we submit the attached sketch showing an alternate lot configuration for consideration: a. That the applicant enter into an easement agreement with the Municipality of Bayham and the Town of Tillsonburg for use of the right-of-way (ROW) lands to establish legal access to Plank Road. b. That the a right of way over the former railway corridor Part 3 of Registered Plan 11 R5278 being an unopened public road right of way be stopped up, closed and conveyed to abutting property owners pursuant to Section 2.6 of Bayham By-law No. 205-021, Sale and Disposition of Land By-law. The subject parcel is considered a title defect correction and the abutting property owner paying all associated costs. IBI GROUP MEMORANDUM 6 Municipality of Bayham—January 11,2019 c. That a zoning by-law amendment for the retained agricultural lands to a site- specific Special Agriculture (A2-XX) zone to prohibit future residential development and to recognize reduced lot frontage be approved. d. That a zoning by-law amendment for the surplus farm dwelling lot to a site- specific Rural Residential (RR-XX) zone to permit residential use, to prohibit the keeping of livestock and to recognize zero lot frontage, be approved. e. That the applicant provide a digital copy of a land survey for the entirety of the subject lands. f. That the applicant purchase civic numbering signage for the retained northerly portion on Plank Road, southerly and the westerly retained portions on Maple Grove Line. g. That the applicant provide a Planning Report Fee payable to the Municipality of Bayham. e a€d IBI Group Paul Riley, CPT Consulting Planner to the Municipality of Bayham % e/Yloy o7 itc/ccl/Y7 luitccaf y/, )O/ - $ P w -i v d u u CC• a r% CI- - s �....+ N ra ■ COUNTY COUNCIL MINUTES Tuesday, December 11, 2018 Accessible formats available upon request The Elgin County Council met this day at the Administration Building, 450 Sunset Drive, St. Thomas at 7:00 P.M. with all members present. The Chief Administrative Officer presided as Chair of the meeting. The Chief Administrative Officer welcomed all in attendance to Elgin County Council's Inaugural Meeting/Annual Warden's Election. The Chief Administrative Officer announced that pursuant to County Council's Procedural By-law 18-38, the Deputy Warden position is held by the most immediate past Warden on Council. The 2019 Deputy Warden is Grant Jones. The Chief Administrative Officer called the meeting to order. The Chief Administrative Officer introduced members of Council and all Council Members repeated the Declaration of Office simultaneously and signed the declaration. ELECTION OF WARDEN The Chief Administrative Officer asked that members of Council wishing to run for the Office of Warden to stand. Councillors McPhail and Mennill offered their candidacy for the position of Elgin County Warden for 2019. Each candidate was then given an opportunity to address Council. BALLOTING PROCEDURES Ballots were cast and counted by the Chief Administrative Officer in the presence of Mr. Rob Foster from Graham Scott Enns who had been appointed as a scrutineer. RESULTS The Chief Administrative Officer announced that the Warden of Elgin County for 2019 is Duncan McPhail, Mayor of West Elgin. Moved by Councillor Marks Seconded by Councillor Purcell THAT Councillor McPhail be elected as Warden for 2019. -Carried. 1 2 Warden McPhail took the Declaration of Office, administered by the Chief Administrative Officer. The Warden left the room, was gowned and re-entered the Council Chambers, where he was officially presented with the Chain of Office, the Lord Elgin Watch, and the Gavel of Office, by Past Warden Dave Marr. Warden McPhail delivered his Inaugural Address to Council, thanked his family and friends for their support, and outlined the items of interest and importance for consideration in 2019. Moved by Councillor Martyn Seconded by Councillor Mennill THAT the ballots used for the election of the 2019 Warden be destroyed. - Carried. OTHER BUSINESS Warden McPhail invited all those in attendance to the Warden's Reception, following recess, to be held in the County Administration Building lower level. Moved by Councillor Purcell Seconded by Councillor Marks THAT we do now recess at 7:33 p.m. until Thursday, December 13, 2018 at 9:00 a.m. - Carried. COUNTY COUNCIL MINUTES Thursday, December 13, 2018 The Elgin County Council met this day at the Administration Building at 9:00 a.m. with all members present. Warden McPhail in the Chair. ADOPTION OF MINUTES Moved by Councillor Jones Seconded by Councillor Mennill THAT the minutes of the meeting held on November 27, 2018 be adopted. - Carried. 2 3 DISCLOSURE OF PECUNIARY INTEREST AND THE GENERAL NATURE THEREOF — None DELEGATIONS Presentations on Terrace Lodge Redevelopment Study The Chief Administrative Officer and Director of Homes and Senior Services provided information to Council in regard to the Terrace Lodge Redevelopment project chronology, the history of decision making and introduced VG+ Architects (Ventin Group) who are completing a study which compares and contrasts a renovation/addition to the option of a new-build. Moved by Councillor Mennill Seconded by Councilor Martyn That the joint presentation delivered by Administration and Ventin Group in regard to the Terrace Lodge Redevelopment, dated December 13, 2018, be received and filed; and, THAT the Chief Administrative Officer be directed to send copies of the presentation to Aylmer and Malahide Councils; and, THAT questions and feedback be incorporated into the presentation scheduled for January 8, 2019; and, THAT staff be directed to include today's presentation and reports in the minutes; and, THAT the Chief Administrative Officer be directed to schedule a Terrace Lodge Building Committee meeting as soon as possible. -Carried. ATTACHMENTS (report from CAO/Director of Homes and Senior Services and VG+ Group presentation) County Council recessed at 10:03 a.m. and reconvened at 10:08 a.m. Presentation on Provincial Offences Act (POA) Facilities Ventin Group provided a presentation to Council on the progress being made at the construction site of the new Provincial Offences Act Facilities. Moved by Councillor French 3 4 Seconded by Councillor Marks That the verbal presentation from Ventin Group regarding the POA facility, dated December 13, 2018, be received and filed. -Carried. ATTACHMENT (presentation) REPORTS Draft 2019 Committee Appointments —Warden McPhail Warden McPhail presented his recommendations for appointments to Boards, Committees and Associations for 2019. Moved by Councillor Marks Seconded by Councillor Jones THAT the appointments to Outside Boards and Committees for 2019 be confirmed as follows: DRAFT 2019 COMMITTEE APPOINTMENTS Dispute Resolution Warden Renamed: City-County Relations (3) Councillor French Councillor Ketchabaw Elgin County Museum (1) Councillor Martyn Southwestern Public Health (2) Councillor Jones Councillor Marks Health Recruitment Partnership (1) Councillor Jones Human Resources Committee (as needed) (3) Warden Councillor Mennill Councillor Ketchabaw Joint Elgin/Central Elgin Accessibility Advisory Councillor Marks Committee (1) POA Court Facility(3) Warden Councillor Jones Councillor Mennill Councillor Purcell *new* Policy Review Councillor Giguere Councillor French Councillor Purcell Rural Initiatives (3) Councillor Ketchabaw Councillor Martyn Councillor Giguere St. Thomas-Elgin Public Art Centre (1) Councillor Giguere Terrace Lodge Building Committee (4) Warden Councillor Mennill 4 5 Councillor French Councillor Marks Councillor Purcell Waste Management/Liaison Committee of the Whole Council Water Advisory Committee (1) Councillor French Western Ontario Wardens Caucus Warden/Deputy Warden Community Leaders Cabinet Warden/Deputy Warden Laserfiche Consulting / Support Services The Purchasing Coordinator provided a report that details the Request for Proposal (RFP) for Laserfiche Consulting and Support Services. The existing five (5) year contract has expired and a new three year contract with a two year option is proposed. Based on the measuring criteria, Thinkdox was the highest scoring bid. Moved by Councillor Jones Seconded by Councillor Ketchabaw THAT Thinkdox Inc. be selected for Laserfiche Consulting and Support Services for a three year term commencing January 1, 2019 through to December 31, 2021; and, THAT the County at its discretion extend the contract for an additional two (2) years, upon mutual agreement between both parties; and, THAT the Warden and Chief Administrative Officer be authorized to sign the contract. -Carried. Traffic Signal Maintenance Agreement— Contract Extension The Director of Engineering Services provided details of the partnership between Elgin County and Middlesex County for contracted services providing the maintenance and inspection of traffic signals, intersection beacons and luminaries. The Director recommends that a three (3) year extension with Guild Electric Ltd. at a pricing increase of approximately 1.5% per annum. Moved by Councillor Mennill Seconded by Councillor Giguere THAT the County of Elgin enter into an agreement with Guild Electric Limited to service all electrical traffic control devices for the period of January 1, 2019 to December 31, 2021; and; THAT the Warden and Chief Administrative Officer be authorized to sign the contract. 5 6 -Carried. Homes — Long-Term Care Service Accountability Agreement (L-SAA) 2019-2022 The Director of Homes and Senior Services reported to Council that it is a requirement of the Local Health System Integration Act, 2006 (LHSIA) that Local Health Integration Networks (LHINs) enter into a service accountability agreement (SAA) with each Health Service Provider (HSP) that it funds. The 2019-2022 L-SAA agreement will focus on reducing cost across the health care system while ensuring quality care is accessible to all. Moved by Councillor Jones Seconded by Councillor Martyn THAT Council approves the Long-Term Accountability Planning Submission (LAPS)for 2019-2022 with the Southwest LHIN for Bobier Villa, Elgin Manor and Terrace Lodge; and, THAT the report entitled "Homes — Long-Term Care Service Accountability Agreement (L- SAA) 2019-2022" from the Director of Homes and Services, dated December 3, 2018, be received and filed. -Carried. Elgin County Library- Recent Projects, Programs, Partnerships and Activities — May to October 2018 The Manger of Library Programming and Community Development presented Council with an overview and update of projects, programs, partnerships, and activities that have occurred from May to October 2018. Moved by Councillor Mennill Seconded by Councillor Purcell That the report titled "Elgin County Library- Recent Projects, Programs, Partnerships and Activities May to October 2018" from the Manager of Programming and Community Development, dated November 16th, 2018, be received and filed. -Carried. Elgin County Museum 2018 Annual Report The Manager of Museum and Archives presented the 2018 annual report of the Elgin County Museum. Reports and issues over the last year were highlighted. 6 7 Moved by Councillor Mennill Seconded by Councillor Jones -Carried. THAT the report entitled "Elgin County Museum 2018 Annual Report" from the Manager of Museum and Archives, dated December 13, 2018, be received and filed. County Council recessed at 11:01 a.m. and reconvened at 11:07 a.m. Elgincentives 2018 Year End Review The Economic Development Coordinator and the General Manager of Economic Development presented a year-end review of the Elgincentives program highlighting its achievements over the past year and since its inception in 2015. Moved by Councillor French Seconded by Councillor Martyn -Carried. THAT the report titled "Elgincentives 2018 Year End Review" from the Economic Development Coordinator and the General Manager of Economic Development, dated November 27, 2018, be received and filed. Approval for Official Plan Amendment No.5 The report from the Manager of Planning provided County Council with information required in order to consider granting approval to the noted Official Plan Amendment. Moved by Councillor Purcell Seconded by Councillor Jones THAT the Council of the Corporation of the County of Elgin approve the Official Plan Amendment No. 5 to the Township of Southwold Official Plan. File No. SO-OPA5-18; and, THAT staff be directed to provide notice of this decision in accordance with the Planning Act. -Carried. 7 8 Proposed Draft Plan of Subdivision Farhi Talbotville Subdivision The report from the Manager of Planning provided County Council with information required in order to consider granting draft plan approval to the Farhi Talbotville Subdivision. Moved by Councillor Purcell Seconded by Councillor Mennill THAT the Council of the Corporation of the County of Elgin grants draft plan approval to Farhi Holdings Corp. - Talbotville Subdivision Draft Plan of Subdivision in the Township of Southwold (Talbotville) File No. 34T-SO1802; and, THAT staff be directed to provide notice of this decision subject to the conditions for final approval in accordance with the Planning Act. -Carried. Schedule of Council Meetings for 2019 The Chief Administrative Officer presented a proposed schedule for Council Meetings in 2019 for Council to approve. Moved by Councillor Marks Seconded by Councillor Ketchabaw THAT the report titled "Schedule of Council Meetings for 2019"from the Chief Administrative Officer, dated December 1, 2018 be adopted; and, THAT if a single meeting is required in July and August, the preferred dates be July 9th and August 13, 2019; and, THAT notice of the annual schedule of regular meetings and any special meetings outside of the annual schedule of regular meetings of Council shall be available from the Municipal Office and posted on County's website in accordance with Procedural By- Law 18-38. -Carried. Organizational Developments in Response to Local Municipal Needs — County Fire Training Officer/Community Emergency Management Coordinator Position The Chief Administrative Officer presented Council with a report and discussion regarding the practical need for a County Fire Training Officer/Community Emergency Management Coordinator position. Discussion included the proposed job guidelines and the cost to fill the position. 8 9 Moved by Councillor Mennill Seconded by Councillor Martyn THAT the position of Fire Trainer/Community Emergency Management Coordinator be approved by County Council; and, THAT related personnel costs of approximately $95,000 be included in the 2019 budget deliberations; and, THAT County Council provide direction to staff regarding the preferred funding model for the position on a go-forward basis, commencing in 2020. -Carried. Elgin County School Board Proposal The Chief Administrative Officer presented a copy of the presentation material from the delegation that Ms. Derks presented to County Council at the November 27, 2018 meeting and to seek the support of current Council for this initiative including direction to arrange a meeting with MPP Yurek. Moved by Councillor Martyn Seconded by Councillor Purcell THAT the Chief Administrative Officer be directed to request a meeting with MPP Yurek and Warden McPhail to discuss initiatives related to Elgin County schools that will better protect and support local interests. -Carried. PRESENTATIONS Years of Service Employee Recognition Council and staff joined together in the basement to recognize employees for milestone years of service. Moved by Councillor French Seconded by Councillor Marks THAT we do now recess at 12:00 p.m. for lunch and to present employees with certificates for their milestone years of service to Elgin County. -Carried. 9 10 Council reconvened from the presentation at 1:10 p.m. CORRESPONDENCE Items for Information (Consent Agenda) 1. Ontario Plowman's Association IPM Scholarship Website Publicity 2. Ministry of Municipal Affairs and Housing re: Planning Act Concerns 3. Western Ontario Wardens' Caucus November 2018 Monthly Newsletter Moved by Councillor Purcell Seconded by Councillor Martyn THAT Correspondence Items #1-3 be received and filed. -Carried. OTHER BUSINESS Statements/Inquiries by Members — None Notice of Motion — None Matters of Urgency— None Closed Meeting Items Moved by Councillor Marks Seconded by Councillor Jones THAT we do now proceed into closed meeting session in accordance with the Municipal Act to discuss matters under Municipal Act Section 239.2; In-Camera Item #1 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations — ONA Arbitration Update In-Camera Item #2 (b) personal matters about an identifiable individual, including municipal or local board employees; (d) labour relations or employee negotiations— ONA Labour Relations Matters 10 11 -Carried. Moved by Councillor Ketchabaw Seconded by Councilor French THAT we do now rise and report. -Carried. In-Camera Item #1 Moved by Councillor Mennill Seconded by Councillor Jones THAT staff proceed as directed. -Carried. In-Camera Item #2 Moved by Councillor French Seconded by Councillor Giguere THAT the report from the Director of Human Resources be received. - Carried. Motion to Adopt Recommendations of the Committee of the Whole Moved by Councillor Marks Seconded by Councillor Ketchabaw THAT we do now adopt recommendations of the Committee Of The Whole. - Carried. BY-LAWS Moved by Councillor Jones Seconded by Councillor Martyn THAT By-Law No. 18-41 "Being a By-Law to Confirm Proceedings of the Municipal Council of the Corporation of the County of Elgin at the December 11 & 13, 2018 Meeting" be read a first, second and third time and finally passed. -Carried. 11 12 ADJOURNMENT Moved by Councillor Marks Seconded by Councillor Jones THAT we do now adjourn at 1:31 pm. - Carried. Julie Gonyou, Duncan McPhail, Chief Administrative Officer Warden 12 Dear Madam / Sir: We are writing further to your application for funding under the Enabling Accessibility Fund (EAF)—small projects component 2018 Call for Proposals for the community/workplace accessibility stream. We wish to thank you for your interest in this program. After careful assessment of your application, we regret to inform you that your project cannot currently be recommended for funding, given the high number of applications received and the limited funding envelope. However, please note that, should additional funding become available at a later time, a departmental official may contact you to enquire as to your ongoing interest and eligibility for funding. All projects funded under this Call for Proposal will be posted on this Disclosure of Grants and Contributions section of the ESDC Web site once agreements are signed with the selected applicants. Thank you for your interest in this program. Should you have any questions, please do not hesitate to contact us at the following email address: fpa-eaf@hrsdc-rhdcc.gc.ca Further information on EAF and other ESDC funding programs can be found on the ESDC Web site at the following address: http://www.esdc.gc.ca/eng/funding/index.shtml Sincerely, National Grants and Contributions Delivery Centre LONG POINT REGION CONSERVATION AUTHORITY ..w.,,, BOARD OF DIRECTORS MINUTES of November 19, 2018 Approved January 9, 2019 Members in attendance: Dave Beres, Doug Brunton, Wayne Casier, Michael Columbus, Noel Haydt and John Scholten Staff in attendance: J. Maxwell, L. Minshall, B. Colman and D. McLachlan Regrets: Leroy Bartlett, Robert Chambers, Roger Geysens, Craig Grice, and David Hayes The LPRCA Chair called the meeting to order at 6:30 pm Monday, November 19, 2018 in the Tillsonburg Administration Office Boardroom. ADDITIONAL AGENDA ITEMS None DECLARATION OF CONFLICTS OF INTEREST None MINUTES OF PREVIOUS MEETINGS MOTION A-198/18 moved: D. Beres seconded: N. Haydt THAT the minutes of the Board of Directors Regular Meeting held November 7, 2018 be adopted as circulated. CARRIED MOTION A-199/18 moved: J. Scholten seconded: D. Brunton THAT the minutes of the Budget Meeting held November 9, 2018 be adopted as circulated. CARRIED BUSINESS ARISING None REVIEW OF COMMITTEE MINUTES a) Audit and Finance Committee Meeting — October 30, 2018 The Board was disappointed with the investment performance over the last few years 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 - and requested a review of the types of investments, the investment fees and the commercial investors. MOTION A-200/18 moved: D. Beres seconded: J. Scholten THAT the minutes of the Audit and Finance Committee Meeting held October 30, 2018 be adopted as circulated. CARRIED CORRESPONDENCE None DEVELOPMENT APPLICATIONS a) Staff Approved applications Staff approved nine applications since the last meeting. LPRCA-207/18, LPRCA- 220/18, LPRCA-221/18, LPRCA-222/18, LPRCA-223/18, LPRCA-226/18, LPRCA- 227/18, LPRCA-228/18 and LPRCA-229/18. MOTION A-201/18 moved: W. Casier seconded: N. Haydt THAT the Board of Directors receives the Staff Approved Section 28 Regulation Applications report dated November 19, 2018 as information. CARRIED NEW BUSINESS a) DEER CREEK DAM FENCING New fencing is required at the Dam as per the LPRCA Dams Safety Review completed in 2014. The fencing for Deer Creek and Backus were in the 2018 budget and received partial funding through the Water Erosion Control Infrastructure Program (WECI). Fencing at Backus was completed earlier this year. Staff requested proposals from three local contractors and two quotes were received. Both quotes were more than the budgeted amount. MOTION A-202/18 moved: D. Brunton seconded: W. Casier THAT the LPRCA Board of Directors accepts the proposal submitted by Armour Fencing & Railing Inc. for the replacement and addition of fencing at the Deer Creek Dam for a total cost of$25,780.14 plus HST, and FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton,Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes,John Scholten - 2 - THAT$4,903.63 be allocated from surplus funds in subcontractors for preventative dam maintenance. CARRIED MOTION A-203/18 moved: N. Haydt seconded: R. Geysens THAT the LPRCA Board of Directors does now enter into a closed session to discuss: • a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the Authority, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization; • a trade secret or scientific, technical, commercial or financial information that belongs to the Authority and has monetary value or potential monetary value; CARRIED MOTION A-204/18 moved: J. Scholten seconded: D. Brunton THAT the LPRCA Board of Directors does now adjourn from the closed session. CARRIED MOTION A-205/18 moved: W. Casier seconded: D. Beres THAT the LPRCA Board of Directors accepts the tender submitted by Townsend Lumber Inc. for marked standing timber at the Mason-Buchner Tract— LP-308-18 for a total tendered price of$39,125. CARRIED The Chair adjourned the meeting at 7:05pm. ael Columbus Dana cLac a hair Administrative Assistant FULL AUTHORITY COMMITTEE MEMBERS Leroy Bartlett, Dave Beres, Doug Brunton, Wayne Casier, Robert Chambers, Michael Columbus, Roger Geysens, Craig Grice, Noel Haydt, David Hayes,John Scholten - 3- -g,AYH.44 ADVISORY BOARD & COMMITTEE RESOLUTION O � qty 'Pul'tunity Is' Date: January 17, 2019 To: Mayor& Members of Council From: Joint Cemetery Board Municipality of Bayham Joint Cemetery Board respectfully requests the following resolution be passed by the Council of the Municipality of Bayham at the regular Council meeting January 17, 2019: THAT the Council of the Corporation of the Municipality of Bayham promotes the need for financial support from the public; AND THAT donations received be used by the Municipality of Bayham cemeteries for decoration days or as desired throughout 2019; AND THAT the Council of the Municipality of Bayham approve an annual insertion in the two local newspapers listing Municipal Cemetery decoration days. THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. Z681-2019 ANDRIES AND TEMPLETON BEING A BY-LAW TO AMEND BY-LAW No. Z456-2003, AS AMENDED WHEREAS the Council of the Corporation of the Municipality of Bayham deems it necessary to amend Zoning By-law No. Z456-2003, as amended; THEREFORE, the Council of the Corporation of the Municipality of Bayham enacts as follows: 1) THAT Section 26 Temporary(T)Zone, as amended, is hereby further amended by adding the following section to 26.4 Defined Areas and End Dates: 26.4.5 A1/T2-8 as shown on Schedule "A", Map No. 14, permits the conversion of an existing dwelling to secondary unit following construction of a new primary dwelling, for a period not to exceed three (3) years, ending January 17th, 2022. 2) THAT By-law No. Z456-2003, as amended, is hereby further amended by amending Schedule "A", Map No. 14 by changing the zoning symbol on the lands from Agricultural (A1) Zone to a combined Agricultural and Temporary (A1/T2-8) Zone, which lands are outlined in heavy solid lines and marked A1/T2-8 on Schedule "A" to this By-law, which schedule is attached to and forms part of this By-law. 3) THIS By-law comes into force: a) Where no notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the expiration of the prescribed time; or b) Where notice of objection has been filed with the Municipal Clerk within the time prescribed by the Planning Act and regulations pursuant thereto, upon the approval of the Ontario Municipal Board. READ A FIRST TIME AND SECOND TIME THIS 17TH DAY OF JANUARY 2019. READ A THIRD TIME AND FINALLY PASSED THIS 17TH DAY OF JANUARY 2019. MAYOR CLERK .-u'''' ., .,,. SEE SCHEDULE A•MAP No.11 (""'"'mj SEE SCHEDULE H- MAP VIENNA �, 124:,n'41j1$ F t I SEE SCHEDULE A-MAP No.11 , t s 1 V -, O. LTICS ` \ aLOT I1/ ; w O E LJT,13 i- it tt ' Io OT IL x co w �� d W r� co w LOT 16 . I F 7 u S o , f OO\2 1 LOT 17 1 �, \ - LOT IS bq�-- I E 4 \ 1 (/ c IAl/T2-8` 1: ,._1 (EXPIRES ` ? l •p , JANUARY 19 �.. - — 2022) f : a 00 Zt,r i i t ;, ej C.�` — rel F y \ ' E._ t w t I co SEE SCHEDULE I- MAP PORT BURWELL ....._,=---"----r4--'- ti'. \; ti This is Schedule"14"to By-law �� No.2681 2019, passed the '\ ` , day of 2019 Mayor Clerk MUNICIPALITY OF BAYHAM SCHEDULE A Legend NORTH MAP 1\10.14 LPRCA Regulation Limit 0 150 300 600 ZONING BY-LAW Z456-2003 CONSOLIDATED MARCH 17,2017 Mages THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-007 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER OF LAND WHEREAS Section 8 of the Municipal Act, 2001, S.O.2001,c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act. AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of acquiring property known as Part 1 and Part 7 of Reference Plan No. 11R-10370 from Charles and Marlene Baldwin as an administrative process pertaining to a land division application. 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 Transfer of Land attached hereto as Schedule"A"and forming part of this by-law to transfer Part 1 and Part 7 of Reference Plan No. 11 R-10370 from Charles and Marlene Baldwin to the Corporation of the Municipality of Bayham; 2. AND THAT this by-law shall come into full force and effect upon final passing. READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 17th DAY OF JANUARY, 2019. MAYOR CLERK I REQUIRE THIS PLAN TO BE PLAN 11R— 103/0 DEPOSITED UNDER THE LAND TITLES ' 4, ACT AND THE REGISTRY ACT RECEIVED AND DEPOSITED DATE AUGUST_12, 2018 DATE I a1.zatS i co ', REPRESENTATIVE FOR THE �) 1� L7� Ll, �J LAND REGISTRAR FOR THE LAND TITLES (f) ekL S.RU•ST O.L.S. AND REGISTRY DIVISION OF ELGIN(No.1' L7� LAND TITLES PART SCHEDULE �) �J1�Jr� cj PART LOT CON P.I.N.ALL OF AREA ��JJJ�J J J �) 1 PART OF 0 353 0-0226(LT) 0.16 HECTARES F15.8 HECTARES h ' 2 21 10 35340-0225(LT) Ce 0 Z 3 PART 3 OF 10 PART OF 7.6 5340-0227(LT) SQUARE METRES Z i THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-008 A BY-LAW TO AUTHORIZE THE EXECUTION OF A TRANSFER OF EASEMEMENT WHEREAS the Otter Valley Utility Corridor is jointly owned by the Corporation of the Town of Tillsonburg and the Corporation of the Municipality of Bayham; AND WHEREAS access to the property known as 10909 Plank Road crosses the Otter Valley Corridor; AND WHEREAS Section 8 of the Municipal Act, 2001, S.O.2001,c.25, as amended, provides that a municipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising its authority under this or any other Act; AND WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of granting access to the property known as 10909 Plank Road by way of Transfer of Easement over Part 1 and Part 2 of Reference Plan No. 11 R-10403 to correct a historical title defect. 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 Transfer of Easement attached hereto as Schedule "A" and forming part of this by-law to transfer Part 1 and Part 2 of Plan 11 R-10403 to Isaac Froese and Maria Froese; 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 17th DAY OF JANUARY, 2019. MAYOR CLERK NB g2) T��— T yC) I REQUIRE THIS PLAN TO BE PLAN 11R® lO<�`' A 20.117 (S A LDEPOSITED UNDER THE LAND TITLESRECEIVED AND DEPOSITED N89°11'50'W �h ACT AND THE REGISTRY ACT$ N N s °tiQ �9��\ a ¢ 1N\1 o c`OI 27�l SS?' ISDATE SEP'dEMBER 21, 2018 __ DATE Not�o ®it N O iTM1., v N rA2.336\rA240" Ocr ��� h a 4' se < -- — —° el ., 0� REPRESENTATIVE FOR THE N N �` LAND REGISTRAR FOR THE LAND TITLES L \P 1. n^ ,5h� �1 M . HUS D O.L.S.' AND REGISTRY DIVISION OF ELGIN (No.11) Ol' o0 LU 6 M 7 ^�� `�" LAND TITLES PART SCHEDULE a ���' rp'>>> <� �� o ,� e`? of "Q" ?¢ yJ PART LOT CON P.I.N. AREA S i�/ O ¢ O U, L, a o a •~c':>3. PART OF PART OF 13.8 <� i(\� Z o o� (0ri �/ y 1 20 8 35341-0236 (LT) SQUARE METRES �C ; 4) oil 1 0 40 4:'' L� Co fit` ry'h6` ,01 W Tsr l <V I See w,�ol h N 0 4' REGISTRY PART SCHEDULE p i2` o -a 4r o N Q ,< PART ROAD P.I.N. AREA �Y O oIS N� ^ n 4-00 ry I No PART OF THE ROAD ALLOWANCE PART OF 194.2 e. Pl. - �� o,\ v2 h� o��� 2 BETWEEN LOTS 20 AND 21 35341-0221 (R) SQUARE METRES i z `. �• ai 4 o ° ,0000 <<� e �y� �, ��� Z '� �c PLAN OF SURVEY OF �� e'?a`�` ,t 5� ' PART OF LOT 20 I I < PART OF THE ROAD ALLOWANCE �" BETWEEN LOTS 20 AND 21 <' ^ cv-4' o^`� j - i CONCESSION 8 z�,,�� I GEOGRAPHIC TOWNSHIP OF BA YHAA�1 L_ ---4,; --- — _-----J MUNICIPALITY OF BAYHAM s 5g21 I j CC.) COUNTY OF ELGIN < 1 sh I 0 20 40 60 METRES 1 - I SCALE — 1: 1000 -- 4� S^B O I Li t I 1® DISTANCES AND COORDINATES SHOWN ON THIS PLAN ARE IN METRES .' ,g2) U) \ I METRIC AND CAN BE CONVERTED TO FEET BY DIVIDING BY 0.3048 THE CORPORATION OF THE MUNICIPALITY OF BAYHAM BY-LAW NO. 2019-009 A BY-LAW TO CONFIRM ALL ACTIONS OF THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM FOR THE REGULAR MEETING HELD JANURAY 17, 2019 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 January 17, 2019 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 17th DAY OF JANUARY, 2019. MAYOR CLERK