HomeMy WebLinkAboutMay 02, 2019 - CouncilTHE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING AGENDA
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, May 2, 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 April 18, 2019
B. Public Meeting held April 18, 2019 re Soper Road Drain
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES – EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
A. Report FR-03/19 by Randy White, Fire Chief|By-Law Enforcement Officer re Procurement
of an Emergency Response Side by Side
B. Report FR-04/19 by Randy White, Fire Chief|By-Law Enforcement Officer re Cost Recovery
for Motor Vehicle Collisions
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2019 Council Agenda May 2, 2019
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10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Notice of Public Meeting re Hildebrandt Drain
B. Notice of Court of Revision re Soper Road Drain
C. Notice of Passing of Zoning By-Law No. Z685-2019 re Isaac & Maria Froese
10.1.2 Requiring Action
10.2 Reports to Council
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Report to Elgin County Council dated March 4, 2019 re 2018 Annual Library Performance
Measurements
B. City of Brantford re Single-Use Plastic Straws
C. Town of Minto re Ontario Municipal Partnership Fund Resolution
D. Ontario Human Rights Commission re Harmful impact of Indigenous-themed sports logos
in city facilities
E. Municipality of Dutton Dunwich resolution re Harmful impact of Indigenous-themed sports
logos
F. County of Elgin minutes of meeting held April 9, 2019 and draft minutes of meeting held
April 23, 2019
11.1.2 Requiring Action
11.2 Reports to Council
A. Report TR-11/19 by Lorne James, Treasurer re 2019 Q1 Variance Report
B. Report CAO-35/19 by Paul Shipway, CAO|Clerk re Capital Item No. PW-1 Carson Line
Bridge
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2019 Council Agenda May 2, 2019
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12. BY-LAWS
A. By-Law No. 2019-021 Being a by-law to amend By-Law No. 2017-021, being a by-law for
the provision of recycling and waste collection and to prohibit the depositing of refuse or
debris on lands within the Municipality of Bayham without the consent of the property owner
or occupant of the land (Deferred from the regular meeting of March 7, 2019 This by-law
follows the recommendation made in Report CAO-30/19 by Paul Shipway, CAO|Clerk
during the regular meeting of April 18, 2019)
B. By-Law No. 2019-039 Being a by-law to further amend By-Law No. 2019-025, a by-law
to establish and require the payment of fees for information, services, activities and use of
municipal property
C. By-Law No. 2019-040 Being a by-law to further amend By-Law No. 2019-017, a by-law
to appoint Board and Committee members
D. By-Law No. 2019-041 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and Theo Vandenberk Construction
Inc. (This by-law follows the recommendation made in Report CAO-35/19 by Paul Shipway,
CAO|Clerk during the regular meeting of May 2, 2019)
E. By-Law No. 2019-044 Being a by-law to adopt the capital estimates for the year 2019
(This by-law follows the recommendation made in Report TR-10/19 by Lorne James,
Treasurer during the regular meeting of March 21, 2019)
F. By-Law No. 2019-045 Being a by-law to establish a levy for the year 2019 to adopt tax
rates, provide for penalty and interest in default of payment and the collection thereof (This
by-law follows the recommendation made in Report TR-10/19 by Lorne James, Treasurer
during the regular meeting of March 21, 2019)
13. UNFINISHED BUSINESS
14. OTHER BUSINESS
14.1 In Camera
A. Confidential Report regarding advice that is subject to solicitor-client privilege, including
communications necessary for that purpose (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 (CASO Trail)
14.2 Out of Camera
15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-042 Being a by-law to confirm all actions of Council
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2019 Council Agenda May 2, 2019
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16. ADJOURNMENT
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
COUNCIL MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, April 18, 2019
7:00 p.m.
8:00 p.m. – Public Meeting – Drainage – Soper Road Drain
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAO|CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
DEPUTY CLERK|PLANNING COORDINATOR MARGARET UNDERHILL
ROAD OPERATIONS SUPERVISOR STEVE ADAMS
CHIEF BUILDING OFFICIAL|
DRAINAGE SUPERINTENDENT BILL KNIFTON
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
None.
4. ANNOUNCEMENTS
A. Councillor Donnell commented that the Port Burwell Phase 1B Capital Project is going very
well.
B. Councillor Chilcott announced the Easter Egg Hunt Friday, April 17, 2019 in the
Straffordville Park or will be moved into the main hall if it rains.
C. Deputy Mayor Weisler announced, on behalf of the Vienna Lions that tickets are still
available for the Fish Fry and Elimination Draw April 24, 2019.
D. Mayor Ketchabaw wished Happy Easter to all.
5. DELEGATIONS
None.
2019 Council Minutes April 18, 2019
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6. ADOPTION OF MINUTES OF PREVIOUS MEETING(S)
A. Regular Meeting held April 4, 2019
B. Statutory Planning Meeting held April 4, 2019 re Isaac and Maria Froese
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT the minutes of the Regular Meeting held April 4, 2019 and the Statutory Planning
Meeting held April 4, 2019 be adopted.
CARRIED
7. MOTIONS AND NOTICE OF MOTION
8. RECREATION, CULTURE, TOURISM AND ECONOMIC DEVELOPMENT
8.1 Correspondence
8.1.1 Receive for Information
8.1.2 Requiring Action
8.2 Reports to Council
9. PHYSICAL SERVICES – EMERGENCY SERVICES
9.1 Correspondence
9.1.1 Receive for Information
9.1.2 Requiring Action
9.2 Reports to Council
A. Report PS-06/19 by Steve Adams, Road Operations Supervisor re 8354 Plank Road –
Concrete Pad
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report PS-06/19 re 8354 Plank Road – Concrete Pad be received for information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
complete the 8354 Plank Road – Concrete Pad works from Autoform Contracting London
Ltd to be funded from the Road Construction Reserve.
CARRIED
B. Report PS-07/19 by Steve Adams, Road Operations Supervisor re Pedestrian Crossing
Treatment Assessment
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
2019 Council Minutes April 18, 2019
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THAT Report PS-07/19 re Pedestrian Crossing Treatment Assessment be received for
information.
CARRIED
10. DEVELOPMENT SERVICES – SUSTAINABILITY AND CONSERVATION
10.1 Correspondence
10.1.1 Receive for Information
A. Municipality of Bayham Notice of Public Meeting re Soper Road Drain
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT correspondence item 10.1.1-A be received for information.
CARRIED
10.1.2 Requiring Action
10.2 Reports to Council
A. Report DS-24/19 by Bill Knifton, Chief Building Official|Drainage Superintendent re 1st
Quarter Report
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Report DS-24/19 re the activities of the Building Services and Drainage Department
for the first quarter of 2019 be received for information.
CARRIED
B. Report DS-25/19 by Bill Knifton, Chief Building Official|Drainage Superintendent re
Hildebrandt Drain
Moved by: Councillor Donnell
Seconded by: Councillor Chilcott
THAT Report DS-25/19 regarding the Hildebrandt Drain be received for information;
AND THAT the Council of the Municipality of Bayham acknowledges the receipt of Report
218003 dated March 29, 2019 for the Hildebrandt Drain, as prepared by Spriet Associates,
and filed with the Clerk on April 3, 2019;
AND THAT Council set a date for the Public Meeting to be held on May 16, 2019 at 8:00
pm to consider the Report;
AND THAT Staff be directed to mail a Notice of Public Meeting and Report to all persons
assessed to this drainage works in accordance with the Drainage Act.
CARRIED
2019 Council Minutes April 18, 2019
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C. Report DS-23/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re amended
Consent Application E16/19 1841449 Ontario Inc. (Pedro Dyck)
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT Report DS-23/19 regarding Amended Consent Application E16/19 1841449 Ontario
Inc. be received for information;
AND THAT Council recommend to the Elgin County Land Division Committee that
Amended Consent Application E16/19 be granted subject to conditions:
1. Rezoning of both the severed and retained parcels
2. Purchase of civic number sign from the municipality for the retained parcel
3. Planning Report fee payable to the municipality
4. Digital Copy of the final survey provided to the municipality
CARRIED
D. Report DS-27/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Rezoning
Application – Froese Zoning By-Law No. Z685-2019
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report DS-27/19 regarding Froese rezoning application 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 April 4, 2019
associated with this application, there were no written submissions and no oral
presentations regarding this matter and that all considerations 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 on the lands owned by Isaac and Maria Froese described as Concession 8 Part
Lots 19 and 20 from Agriculture (A1) to Special Agricultural (A2) on the retained lands and
from Agriculture (A1) to site-specific Rural Residential (RR-38) on the severed surplus farm
dwelling portion;
AND THAT Zoning By-law Z685-2019 be presented to Council for enactment.
CARRIED
E. Report DS-28/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent
Application E20/19 Giesbrecht
Moved by: Councillor Chilcott
Seconded by: Councillor Froese
THAT Report DS-28/19 regarding the Consent Application E20/19 submitted by Peter and
2019 Council Minutes April 18, 2019
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Maria Giesbrecht be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E20/19 be granted subject to the following conditions:
1. Installation of a private well on the severed lot providing water quantity and water
quality reports for bacteria and nitrates content meeting the Provincial standards for
residential use, as a matter of public health and safety
2. Professionally prepared lot grading plan
3. Digital copy of the registered plan of survey
4. Cash in Lieu of Parkland Dedication fee
5. Planning Report fee payable to the Municipality
CARRIED
F. Report DS-29/19 by Margaret Underhill, Deputy Clerk|Planning Coordinator re Consent
Application E21/19 VanQuaethem Farms Ltd.
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Staff Report DS-29/19 regarding the Consent Application E21/19 submitted by
VanQuaethem Farms Ltd. be received;
AND THAT Council recommend to the Elgin County Land Division Committee that Consent
Application E21/19 be granted subject to the following conditions:
1. Rezoning of the severed parcel
2. Planning report fee payable to the municipality
3. Copy of the final survey (digital) provided to the municipality
4. Letter of Undertaking providing for the merger of the severed lands with the 56280
Eden Line lands to create one lot
CARRIED
11. FINANCE AND ADMINISTRATION
11.1 Correspondence
11.1.1 Receive for Information
A. Long Point Region Conservation Authority minutes of Board of Directors Annual General
Meeting held February 22, 2019
B. Municipality of Bayham Notice re 2019 Budget Approval
C. Municipality of Bayham Notice re 2019 Budget Open House
D. Municipality of Bayham Notice re Sale of Surplus Equipment
E. Ontario Energy Board Supplemental Notice to Customers of Enbridge Gas Inc.
F. Ontario Energy Board Notice to Customers of Epcor Natural Gas Limited Partnership
2019 Council Minutes April 18, 2019
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G. Municipality of Grey Highlands Council Resolution re OMPF
H. International Plowing Match Scholarship Notice
I. Elgin County Council minutes of meeting held March 26, 2019
Moved by: Councillor Donnell
Seconded by: Councillor Froese
THAT correspondence items 11.1.1-A – 11.1.1-I be received for information.
CARRIED
11.1.2 Requiring Action
A. Minister of Infrastructure and Communities re Gas Tax Fund
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Chilcott
THAT correspondence items 11.1.2-A received for information;
AND THAT Municipality of Bayham additional gas tax funding be allocated to the gas tax
reserve.
CARRIED
11.2 Reports to Council
A. Report CA0-29/19 by Paul Shipway, CAO|Clerk re Ontario Regulation 507/18 (Broader
Public Sector: Energy Reporting and Conservation and Demand Management Plans)
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Donnell
THAT Report CAO-29/19 re Ontario Regulation 507/18 (Broader Public Sector: Energy
Reporting and Conservation Demand Management Plans) be received for information;
AND THAT Council direct staff to add the Municipality of Bayham Energy Consumption
Statistics and GHG Emissions Statistics as Appendix ‘C’ to the Municipality of Bayham
Municipal Energy Plan - Local Action Plan on GHG Emissions;
AND THAT the updated Municipality of Bayham Municipal Energy Plan - Local Action Plan
on GHG Emissions be reposted on the municipal website in accordance with Ontario
Regulation 507/18.
CARRIED
2019 Council Minutes April 18, 2019
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B. Report CAO-30/19 by Paul Shipway, CAO|Clerk re Garbage Bag Tag Allocations
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report CAO-30/19 re Garbage Bag Tag Allocations be received for information;
AND THAT staff be directed to bring forward By-law no. 2019-021 for Council
consideration.
CARRIED
C. Report CAO-31/19 by Paul Shipway, CAO|Clerk re Quality of Place Activities
Moved by: Councillor Chilcott
Seconded by: Councillor Donnell
THAT Report CAO-31/19 re Quality of Place Activities be received for information;
AND THAT procurement of Quality of Place activities inventory be referred to 2020 Capital
Budget deliberations
CARRIED
Council recessed for the Public Meeting at 8:04 p.m. and reconvened at 8:20 p.m.
D. Report CAO-32/19 by Paul Shipway, CAO|Clerk re Accessible Recreational Trails
Consultation
Moved by: Councillor Donnell
Seconded by: Deputy Mayor Weisler
THAT Report CAO-32/19 re Accessible Recreational Trails Consultation be received for
information;
AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
utilize the Accessible Recreational Trails Consultation document, attached hereto as
Appendix ‘A’ when building new, or redeveloping a recreational trail and associated
features.
CARRIED
12. BY-LAWS
A. By-Law No. Z685-2019 Being a by-law to further amend By-Law No. Z456-2003 – Froese
(This by-law follows the recommendation in Report DS-27/19 by Margaret Underhill,
Deputy Clerk|Planning Coordinator during the regular meeting of April 18, 2019
B. By-Law No. 2019-032 Being a by-law to authorize the execution of a transfer of lands
and to declare lands in the Municipality of Bayham as part of the Open Public Highway
System (Clarke Road)
2019 Council Minutes April 18, 2019
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C. By-Law No. 2019-033 Being a by-law to declare lands in the Municipality of Bayham as
part of the Open Public Highway System (Sandytown Road)
D. By-Law No. 2019-034 Being a by-law to amend By-Law No. 2019-025, a by-law to
establish and require the payment of fees for information, services, activities and use of
municipal property
E. By-Law No. 2019-035 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and the Corporation of the
Township of South-West Oxford for the provision of automatic aid services (This by-law
follows the recommendation in Report FR-02/19 by Randy White, Fire Chief during the
regular meeting of April 4, 2019)
F. By-Law No. 2019-036 Being a by-law to authorize the execution of an agreement
between the Corporation of the Municipality of Bayham and the Corporation of the Town of
Tillsonburg for the provision of automatic aid services (This by-law follows the
recommendation in Report FR-02/19 by Randy White, Fire Chief during the regular meeting
of April 4, 2019)
G. By-Law No. 2019-037 Being a provisional by-law to provide for drainage works in the
Municipality of Bayham in the County of Elgin known as the Soper Road Drain (This by-law
follows the recommendation in Report DS-26/19 by Bill Knifton, Chief Building
Official|Drainage Superintendent during the public meeting of April 18, 2019) First and
Second Reading Only
Moved by: Deputy Mayor Weisler
Seconded by: Councillor Froese
AND THAT By-Law No. Z685-2019, 2019-032, 2019-033, 2019-034, 2019-035 and 2019-
036 be read a first, second and third time and finally passed;
AND THAT By-Law No 2019-037 be read a first and second time only.
CARRIED
13. UNFINISHED BUSINESS
None
14. OTHER BUSINESS
14.1 In Camera
14.2 Out of Camera
2019 Council Minutes April 18, 2019
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15. BY-LAW TO CONFIRM THE PROCEEDINGS OF COUNCIL
A. By-Law No. 2019-038 Being a by-law to confirm all actions of Council
Moved by: Councillor Chilcott
Seconded by: Deputy Mayor Weisler
THAT Confirming By-Law No. 2019-038 be read a first, second and third time and finally
passed
CARRIED
16. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Councillor Chilcott
THAT the Council meeting be adjourned at 8:27 p.m.
CARRIED
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
DRAINAGE PUBLIC MEETING MINUTES
MUNICIPAL OFFICE
56169 Heritage Line, Straffordville, ON
Council Chambers
Thursday, April 18, 2019
8:00 p.m. – Soper Road Drain
PRESENT:
MAYOR ED KETCHABAW
DEPUTY MAYOR RAINEY WEISLER
COUNCILLORS C. VALERIE DONNELL
DAN FROESE
SUSAN CHILCOTT
STAFF PRESENT:
CAO|CLERK PAUL SHIPWAY
DEPUTY CLERK BRENDA GIBBONS
CHIEF BUILDING OFFICIAL|
DRAINAGE SUPERINTENDENT BILL KNIFTON
SIGNED IN ATTENDEES: Jill Ann Hill
Susan Howe
1. CALL TO ORDER
Mayor Ketchabaw called the public meeting to order at 8:04 p.m. and asked those in
attendance for the Public Meeting regarding the Soper Road Drain to place their name and
contact information on the sign-in sheet provided at the podium.
2. DISCLOSURES OF PECUNIARY INTEREST & THE GENERAL NATURE THEREOF
No disclosures of pecuniary interest were declared.
3. PURPOSE OF THE MEETING
A. Soper Road Municipal Drain Public Notice
Pursuant to Chapter D17, Section 41 of the Drainage Act the purpose of the public
meeting is to consider the proposed construction of the drainage as outlined in the
Soper Road Municipal Drain Engineer’s Report #217121 dated March 18, 2019 as
prepared by Spriet Associates
4. STAFF PRESENTATION
A. Report DS-26/19 by Bill Knifton, Chief Building Official|Drainage Superintendent re
Soper Road Drain
2019 Public Meeting Minutes
Soper Road Drain April 18, 2019
5. ENGINEERS REMARKS
John M. Spriet provided background information and an overview of the proposed design and
construction of the drain.
6. PUBLIC PARTICIPATION
Jill Ann Hill, 6689 Plank Road noted the short time of owning the property and that this matter
was not disclosed prior to the purchase. She also expressed concerned around the effect of the
drain on water and water table.
John M. Spriet advised the drain is designed for surface water not ground water.
Susan Howe, 55491 Light Line questioned the size of the pipe and the ability to change the
PDC location.
John M. Spriet confirmed 10 inch diameter pipe and PDC location can be changed to the east
side of the laneway
7. CORRESPONDENCE
None.
8. DISPOSITION
Moved by: Councillor Froese
Seconded by: Councillor Donnell
THAT in accordance with Sections 44 to 46 of the Drainage Act, Council of the Corporation of
the Municipality of Bayham hereby adopts Spriet Associates report #217121 dated March 18,
2019, referred to as the “Soper Road Drain” report;
AND THAT Provisional By-law #2019-037 be given first and second reading;
AND THAT the Clerk be directed to distribute copies of the Provisional By-law and Notice of
the time and place of the first sitting of the Court of Revision to the affected parties pursuant to
Section 46 (2) of the Drainage Act;
AND THAT a date of May 16, 2019 at 8:00 p.m. be set for the first sitting of the Court of
Revision.”
CARRIED
2019 Public Meeting Minutes
Soper Road Drain April 18, 2019
9. ADJOURNMENT
Moved by: Councillor Froese
Seconded by: Deputy Mayor Weisler
THAT Pursuant to the Drainage Act requirements the Public Meeting is now complete and the
Provisional By-law will be considered during the regular meeting.
CARRIED
MAYOR CLERK
PLANNING ACT
NOTICE OF THE PASSING OF
ZONING BY-LAW Z685-2019 BY
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
APPLICANT: FROESE, I & M
TAKE NOTICE that the Council of the Corporation of the Municipality of Bayham passed By-
Law No. Z685-2019 on the 18th day of April 2019 under Section 34 of THE PLANNING ACT.
AND TAKE NOTICE that any person or agency may appeal to the Local Planning Appeal
Tribunal in respect of the By-law by filing with the Clerk of the Municipality of Bayham not later
than the 13th day of May, 2019 a notice of appeal setting out the objection to the By-law and the
reasons in support of the objection.
THE PURPOSE of this By-law is change the zoning regulations on 72 ha (179 acres) of lands
from an Agricultural (A1) zone to a Special Agricultural (A2) zone in order to prohibit new dwellings
as a result of a surplus farm consolidation; and change the zoning on 12,140 m² (2.99 acres) of
lands from Agricultural (A1) zone to a site-specific Rural Residential (RR-38) zone to recognize
zero lot frontage and prohibit the keeping of livestock in Zoning By-law Z456-2003. The lands are
located on the west side of Plank Road, north of Maple Grove Line, known as 10909 Plank Road.
THE EFFECT of this By-law will be to fulfil conditions of the consent application E92/18. Firstly,
to prohibit new dwellings on the retained farm lands and secondly to change the severed lands to
a residential zone, to recognize access by right-of-way and to prohibit the keeping of livestock.
ONLY INDIVIDUALS, CORPORATIONS AND PUBLIC BODIES may appeal a by-law to the
Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association
or group. However, a notice of appeal may be filed in the name of an individual who is a
member of the association or the group on its behalf.
NO PERSON OR PUBLIC BODY SHALL be added as a party to the hearing of the appeal
unless, before the by-law was passed, the person or public body made oral submissions at a
public meeting or written submissions to the council or, in the opinion of the Ontario Municipal
Board, there are reasonable grounds to add the person or public body as a party.
The complete By-law is available for inspection in the municipal office during regular office
hours.
DATED AT THE MUNICIPALITY OF BAYHAM THIS 23rd DAY OF APRIL 2019.
NOTE: The fee for filing an objection or appeal of a Zoning By-law to the Local Planning Appeal Tribunal is
presently set at $300.00 by the Province of Ontario.
Margaret Underhill
Deputy Clerk/Planning Coordinator
Municipality of Bayham
56169 Heritage Line, P.O. Box 160
Straffordville, ON, N0J 1Y0
T: 519-866-5521 Ext 222
F: 519-866-3884
W: www.bayham.on.ca
E: munderhill@bayham.on.ca
April 16, 2019
Below is a copy of a Resolution adopted by Brantford City Council at its meeting held
March 26, 2019. In keeping with City Council’s direction, a copy is being distributed
to other municipalities in the Province of Ontario.
C. Touzel
City Clerk
RESOLUTION
6.1 Single-Use Plastic Straws
WHEREAS section 8(1) of the Municipal Act, 2001 requires that the powers of a
municipality are to be interpreted broadly so as to confer broad authority on the
municipality to enable the municipality to govern its affairs as it considers
appropriate and to enhance the municipality’s ability to respond to municipal
issues; and
WHEREAS section 8(3) of the Municipal Act, 2001 permits the municipality to
pass by-laws under section 10 and 11 which: regulates or prohibits the matter;
and to require persons to do things respecting the matter; and
WHEREAS section 10(2) of the Municipal Act, 2001 permits single-tier
municipalities to pass by-laws respecting the following matters: economic, social
and environmental well-being of the municipality, including respecting climate
change; and
WHEREAS the Council of The Corporation of the City of Brantford wishes to
consider regulating or prohibiting the sale and distribution of single-use plastic
straws in the municipality in order to reduce: (a) littering; (b) the impact on
landfills; (c) the impact on sewers; and (d) the contribution to climate change;
NOW THEREFORE BE IT RESOLVED THAT City Staff BE DIRECTED to:
1. Analyze the impacts of single-use plastic straws in the municipality; and
how to reduce those impacts through the regulation and prohibition of
single-use plastic straws;
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2. Consult with the public and impacted industries, including but not limited
to:
i. Retail Stores;
ii. Restaurants;
iii. Manufacturers and Distributors, as applicable;
iv. Chamber of Commerce;
v. Brantford Accessibility Advisory Committee; and
vi. Brantford Environmental Policy Advisory Committee;
3. THAT City Staff REPORT BACK to Council on the results of their analysis
and consultation; along with a process, including timelines, to:
a. In the first phase, regulate the sale and distribution of single-use plastic
straws, taking into account existing inventories and the sourcing of
alternate suppliers; and
b. In the final phase, prohibit the sale and distribution of single-use
plastics straws.
4. THAT a copy of this resolution BE FORWARDED to the MP and MPP
Brantford-Brant, the Association of Municipalities of Ontario (AMO), the
Federation of Canadian Municipalities (FCM) and other municipalities in
the Province of Ontario.
Subject: Town of Minto Council Meeting Tuesday April 16, 2019 Item 9 f) Ontario Municipal Partnership
Fund Resolution
Good Afternoon:
The Council of the Town of Minto met on April 16, 2019 to consider the above noted item and
passed the following motion:
MOTION: COW 2019-069
Moved by: Councillor Elliott; Seconded by: Councillor Anderson
Whereas the Provincial government announced it was conducting a review of the Ontario
Municipal Partnership Fund (OMPF), which provides annual funding allotments to municipal
governments to help offset operating and capital costs; and
Whereas Municipalities were further advised that the overall spending envelope for the
program would decrease having a significant impact on future budgets and how funds are
raised by Municipalities as funding will be reduced by an unspecified amount; and
Whereas if allocations to municipalities are reduced, Councils will need to compensate with
property tax increases or local service reductions; and
Whereas, the 2018 Town of Minto allocation was $1,630,700 which is equivalent to 33.96% of
the Town’s municipal property tax revenue; and
Whereas the Town of Minto prides itself on efficient and value for money practices every
day;
And Whereas, a 33.96% increase in the municipal property tax rate would increase the
municipal component of property taxes paid for an average household by $403 per year;
Now therefore be it resolved that although an interim payment has been received, Council
of the Town of Minto expresses grave concern with the potential reduction and/or loss of
the OMPF allotment in future years;
And Further, Council petitions the Provincial government to complete the OMPF review in
an expeditious manner as future financial consideration ensures municipal sustainability;
And furthermore, that this resolution be circulated to the Premier, Ministers of Finance,
Municipal Affairs and Housing, our local MPP and all Ontario municipalities for their
endorsement and support.
Annilene McRobb, Dipl. M.M., CMO
Deputy Clerk
Town of Minto
T 519.338.2511 x 230
F 519.338.2005
E annilene@town.minto.on.ca
www.town.minto.on.ca
REPORT
CAO
TO: Mayor & Members of Council
FROM: Paul Shipway, CAO|Clerk
DATE: May 2, 2019
REPORT: CAO-35/19
SUBJECT: CAPITAL ITEM NO. PW-1 CARSON LINE BRIDGE
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 -1 Carson Line Bridge in the amount of
$215,000 ($200,000 OCIF Formula Grant - $15,000 Levy).
Capital Item No. PW-1 Carson Line Bridge scope of work includes replacing existing expansion
joints, drainage improvements, end treatments, water proofing and deck enhancements.
DISCUSSION
On May 20, 2010 the Council of the Corporation of the Municipality of Bayham passed the
following resolution:
T HAT Staff Report PW2010-05 regarding Repairs to Carson Bridge Structure
be received;
AND THAT By-Law 2010-048, being a by-law to authorize the execution of an
agreement with Carlington Construction Inc. of Stoney Creek Ontario to
execute repairs to the Carson Road Bridge be presented to Council for
enactment.
Carlington Construction Inc. generally repaired delamination of the concrete deck for a cost of
$78,750+HST. This work was completed under the direction of the Manager of Public Works
without the assistance of a consulting engineer. In 2010 the Municipality also ceased being in
possession of the plans for the subject structure.
As a result of the lack of plans for the structure in 2019, the Municipality, through Spriet
Associates, retained Theo Vandenberk Construction Inc. to complete boreholes and sampling of
the structure for the purposes of works specifications design. Theo Vandenberk Construction
Inc. previously completed the 2018 capital works on Tunnel Line Bridge to the satisfaction of the
Municipality.
Subsequently, staff requested Spriet Associates request Theo Vandenberk Construction Inc. for
a bid to complete Capital Item No. PW -1. Theo Vandenberk Construction Inc. tendered a bid of
$186,978+HST. The tendered bid includes $15,000 in contingency. Spriet Associates have
reviewed the bid and provide the following commentary:
We have reviewed the tender form from Theo Vandenberk Construction Inc.
for the subject works and, in our opinion, find this to be a fair and competitive
price. We did two jobs similar to this in 2018 with this contractor and find the
prices in line with those presented. Theo has successfully completed several
jobs for our firm as well as the Municipality before.
The order time for the expansion joints for the Carson Line Bridge are estimated to be
approximately 12 weeks. As such considering tendering expenses and timeframe, order
timeframe and the bid and experience of Theo Vandenberk Construction Inc., staff would
respectfully recommend moving forward with Capital Item No. PW -1 Carson Line Bridge utilizing
Theo Vandenberk Construction Inc.
R ECOMMENDATION
1.THAT Report CAO-35/19 re Capital Item No. PW-1 Carson Line Bridge be received for
information;
2.AND THAT the Council of the Corporation of the Municipality of Bayham direct staff to
bring forward a by-law to enter into an agreement with Theo Vandenberk Construction
Inc. for the completion of Capital Item PW-1 Carson Line Bridge in the amount of
186,978+HST, for Council consideration.
Respectfully Submitted by:
Paul Shipway
CAO|Clerk
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-021
BEING A BY-LAW TO AMEND BY-LAW NO. 2017-021
BEING A BY-LAW FOR THE PROVISION OF RECYCLING AND WASTE COLLECTION
AND TO PROHIBIT THE DEPOSITING OF REFUSE OR DEBRIS ON LANDS WITHIN
THE MUNICIPALITY OF BAYHAM WITHOUT THE CONSENT OF THE PROPERTY
OWNER OR OCCUPANT OF THE LAND
WHEREAS the Council of the Municipality of Bayham on the 2nd day of March, 2017 enacted
By-Law No. 2017-021, being a by-law for the provision of recycling and waste collection and
to prohibit the depositing of refuse or debris on lands within the Municipality of Bayham
without the consent of the property owner or occupant of the land;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to amend By-
law No. 2017-021;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT definition 1.5 ‘Place of Business’ be deleted in its entirety;
THAT definition ‘Commercial Unit’ be inserted as follows:
‘Commercial Unit’ shall mean an operational, occupied and duly zoned place of
business assessed for commercial property taxes on the Assessment Roll;
THAT Section 1 – Definitions be renumbered;
THAT Schedule ‘A’ to By-law 2017-021 be deleted in its entirety and replaced with Schedule
‘A’ affixed hereto and forming part of this by-law;
THAT in all other respects, By-law No. 2017-021 is hereby confirmed and remains
unchanged;
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 7th DAY OF
MARCH, 2019
______________________________ _____________________________
MAYOR CLERK
By-law No. 2017-021
Schedule “A”
1. The Municipality shall provide:
a) Each Residential Unit with 52 “Bayham Garbage Tags” annually at no charge to the
owner. Tags will only be valid in the year for which they were issued. Additional
tags may be purchased from the municipality at a cost of $2.00 per tag.
b) Each Commercial Unit with 86 “Bayham Garbage Tags” annually at no charge to the
owner. Tags will only be valid in the year for which they were issued. Additional tags
may be purchased from the municipality at a cost of $2.00 per tag.
c) Each Farming Business with 16 “Bayham Garbage Tags” annually at no charge to
the Farming Business upon the Farming Business providing the Municipality with a
valid Farming Business Registration Number. Additional tags may be purchased
from the municipality at a cost of $2.00 per tag.
Bag Tag Distribution
Property Type No. of Free Tags
Residential Unit 52
Commercial Unit 86
Farming Business 16
2. For the sake of clarity the following provisions shall be applicable to the distribution of Bag
Tags.
a) Vacant parcels of land and/or vacant Commercial Units not operating as a duly
zoned place of business shall not be provided Bag Tags.
b) It is the responsibility of an Owner to transfer remaining Bag Tags to a new Owner in
the event of a property sale.
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-039
BEING A BY-LAW TO FURTHER AMEND BY-LAW NO. 2019-025
A BY-LAW TO ESTABLISH AND REQUIRE THE PAYMENT OF FEES FOR INFORMATION,
SERVICES, ACTIVITIES AND USE OF MUNICIPAL PROPERTY
WHEREAS the Council of the Municipality of Bayham on the 21st day of March, 2019 enacted By-Law
No. 2019-025, being a by-law to establish and require the payment of fees for information, services,
activities and use of municipal property
AND WHEREAS the Council of the Municipality of Bayham did by By-Law No. 2019-034 amend By-
Law 2019-025;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to further amend By-
law 2019-025;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT Schedule “A” to By-law 2019-025, Public Works, be amended to as follows:
Ontario OneCall Relocate/Remark - $200.00+HST
THAT in all other respects, By-law 2019-025 is hereby confirmed and remains unchanged;
AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MAY
2019.
______________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-040
BEING A BY-LAW TO FURTHER AMEND BY-LAW NO. 2019-017
A BY-LAW TO APPOINT BOARD AND COMMITTEE MEMBERS
WHEREAS the Council of the Municipality of Bayham on the 7th day of March, 2019 enacted By-Law
No. 2019-017, being a by-law to appoint Board and Committee Members;
AND WHEREAS the Council of the Municipality of Bayham did by By-Law No. 2019-027 amend By-
Law No. 2019-017;
AND WHEREAS the Council of the Municipality of Bayham deems it necessary to further amend By-
law 2019-017;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM ENACTS AS FOLLOWS:
THAT Schedule “A” to By-law 2019-017 to appoint Board and Committee Members for the Municipality
of Bayham be amended as follows:
THAT the following name be added to Section 11-d Guysboro Cemetery Board Committee:
i. Marion Knab
THAT the Ken Nesbitt be removed from Section 12-a Museums Bayham;
THAT in all other respects, By-law 2019-017 is hereby confirmed and remains unchanged;
AND THAT this by-law shall come into force and take effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MAY
2019.
______________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-041
A BY-LAW TO AUTHORIZE THE EXECUTION OF AN AGREEMENT BETWEEN
THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
AND
THEO VANDENBERK CONSTRUCTION INC.
WHEREAS the Council of the Corporation of the Municipality of Bayham is desirous of
entering into an agreement with Theo Vandenberk Construction Inc., for the completion of
Capital Item PW -1 Carson Line Bridge in the Municipality of Bayham
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY
OF BAYHAM ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk be and are hereby authorized to execute the Agreement
attached hereto as Schedule “A” and forming part of this by-law between Theo
Vandenberk Construction Inc. and the Corporation of the Municipality of Bayham;
2. AND THAT this by-law shall come into full force and effect upon final passing.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF
MAY, 2019.
___________________________ _____________________________
MAYOR CLERK
THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-044
BEING A BY-LAW TO ADOPT THE CAPITAL ESTIMATES
FOR THE YEAR 2019
WHEREAS Section 290 of the Municipal Act, S.O. 2001, as amended provides in part that a
local municipality shall in each year prepare and adopt estimates of all sums required during the
year for the purposes of the local municipality, and;
WHEREAS it is necessary and expedient to levy on the whole rateable property according to the
last revised assessment roll of the Municipality the sum of $713,100 for the capital program of
the lower-tier municipality for the current year,
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF
BAYHAM HEREBY ENACTS AS FOLLOWS:
1. THAT the capital estimates appended hereto as Schedule “A” are hereby adopted.
2. THAT the tax levy requirement of $713,100 be incorporated into the 2019 current
estimates for the purposes of determining the tax rates for 2019.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd
DAY OF MAY 2019.
___________________________________ ____________________________
MAYOR CLERK
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-045
BEING A BY-LAW TO ESTABLISH A LEVY FOR THE YEAR 2019 TO
ADOPT TAX RATES, PROVIDE FOR PENALTY AND INTEREST IN
DEFAULT OF PAYMENT AND THE COLLECTION THEREOF
WHEREAS Section 290 of the Municipal Act, S.O. 2001, as amended, provides that a local municipality
shall in each year prepare and adopt a budget including estimates of all sums required during the year for
the purposes of the municipality, and;
WHEREAS By-law No. 2019-044, passed by Council, adopted a capital improvement plan for 2019 in the
amount of $2,370,900 and in lieu of the municipality providing for the 2019 estimated amortization of fixed
assets and;
WHEREAS Section 312 (2) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, provides that a
local municipality shall pass a by-law to levy a separate tax rate on the assessment in each property
class, and;
WHEREAS Section 307 (2) (b) of the Municipal Act, 2001, S.O. 2001, c.25 requires tax rates to be
established in the same proportion to tax ratios, and;
WHEREAS it is necessary and expedient to levy on the whole rateable property according to the last
revised assessment roll of the Municipality the sum of $4,476,696.40 for the purposes of the lower-tier
municipality for the current year, and;
WHEREAS certain regulations made under Part IX of the Municipal Act, 2001, S.O. 2001, c.25 require
reductions in certain tax rates for certain classes or subclasses of property, and;
WHEREAS by action of the Municipal Property Assessment Corporation, provision was made for the
taking of the assessment of the Municipality, as the assessment on which the ra te of taxation for the year
2019 should be levied;
NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE MUNICIPALITY OF BAYHAM
HEREBY ENACTS AS FOLLOWS:
1. THAT the current estimates for 2019 set out in Schedule “B” are hereby adopted.
2. THAT the tax rates required to raise the current estimates for 2019, set out in Schedule “A”, be
hereby adopted, and levied for the year 2019 upon the whole of the said assessment of the
Municipality, according to the last revised assessment roll.
3. THAT for the purpose of providing for the County of Elgin general levy the tax rates set out in
County of Elgin By-Law 19-04, be hereby levied for the year 2019, upon the whole of the said
assessment of the Municipality, according to the last revised assessment roll.
By-law 2019-045 - 2 -
4. THAT in addition, for the purposes of providing for the public and separate school education
purposes, the tax rates set out by the Minister of Finance under Regulation 64/19 of the Education
Act, be hereby levied for the year 2019, upon the respective portions of the said assessment of
the School supporters of the said Municipality, according to the last revised assessment roll.
5. THAT the assessment contained in the assessment roll of the Municipality of Bayham, as made
pursuant to Province of Ontario Regulations, be hereby adopted and confirmed as the
assessment on which the rate of taxation for the year 2019 shall be levied.
6. THAT the said assessment roll be hereby adopted and confirmed as the last revised assessment
roll for the said Municipality and be used with the above noted rates to calculate said taxes as
summarized in Schedule “C”
7. THAT all taxes and other special rates shall be paid in the office of the Tax Collector or Treasurer
of the Municipality of Bayham.
8. THAT taxes for all properties shall become due and payable one-half on or before August 30,
2019 and one-half on or before October 25, 2019, and non-payment of the amount, as noted, on
the dates stated in accordance with this section shall constitute default.
9. THAT on all taxes, which are in default on the 1st day following the above noted due dates, a
penalty of 1.25% shall be added and thereafter a penalty of 1.25% per month will be added on the
1st day of each and every month the default continues, until December 31st, 2019.
10. THAT on all taxes in default on January 1st, 2019, interest shall be added at the rate of 1.25%
per month for each month or fraction thereof in which the default continues.
11. THAT penalties and interest added in default shall become due and payable and shall be
collected as if the same had originally been imposed and formed part of such unpaid tax levy.
12. THAT the Collector shall cause the same to be mailed to the residence or place of business of
such person indicated on the last revised assessment roll, a written or printed notice specifying
that amount of taxes payable.
13. THAT all by-laws inconsistent with the provisions of this by-law are hereby repealed.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 2nd DAY OF MAY
2019.
____________________________ _____________________________
MAYOR CLERK
By-law 2019-045 - 3 -
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019-045
Schedule “A”
Property Class 2019 Tax Rate
Residential/Farm 0.61906275%
Multi-Residential 1.23806383%
Commercial Occupied 1.01377744%
Commercial Occupied (New) 1.01377744%
Commercial Vacant Land 1.01377744%
Commercial Excess Land 1.01377744%
Commercial Excess Land (New) 1.01377744%
Industrial Occupied 1.37747677%
Industrial Occupied (New) 1.37747677%
Industrial Vacant Land 1.37747677%
Large Industrial Occupied (New) 1.7530620%
Large Industrial Excess (New) 1.7530620%
Pipelines 0.708580%
Farmlands 0.154766%
Managed Forests 0.154766%
THE CORPORATION OF THE
MUNICIPALITY OF BAYHAM
BY-LAW NO. 2019–042
A BY-LAW TO CONFIRM ALL ACTIONS OF
THE COUNCIL OF THE CORPORATION OF
THE MUNICIPALITY OF BAYHAM FOR THE
REGULAR MEETING HELD MAY 2, 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 May 2, 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 2nd DAY
OF MAY, 2019.
____________________________ _____________________________
MAYOR CLERK